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

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

Vol. 156 WASHINGTON, WEDNESDAY, DECEMBER 22, 2010 No. 173 House of Representatives The House met at 11 a.m. and was to thank and praise You for the many As we look forward to a new year, called to order by the Speaker. good things. It is more difficult to see may we look to it with expectation and f Your hand in the hard times. hope, knowing that You will guide and PRAYER Help us to treasure each event, each direct our lives in everything that moment of our lives. Help us to know Monsignor Stephen J. Rossetti, comes our way. Catholic University of America, Wash- that Your all-powerful spirit brings life May we praise and thank You for the and grace out of everything in our ington, D.C., offered the following year that is passing and for the year lives. prayer: that is to come. Good and gracious God, as the year May we embrace the joys and the sor- draws to a close, we reflect upon all rows. May we embrace the signs of new We pray this in Your holy name. that has taken place. It is easy for us life and the crosses. Amen.

NOTICE If the 111th Congress, 2d Session, adjourns sine die on or before December 23, 2010, a final issue of the Congres- sional Record for the 111th Congress, 2d Session, will be published on Wednesday, December 29, 2010, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 29. The final issue will be dated Wednesday, December 29, 2010, and will be delivered on Thursday, December 30, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

THE JOURNAL Pursuant to clause 1, rule I, the Jour- ward and lead the House in the Pledge nal stands approved. of Allegiance. The SPEAKER. The Chair has exam- f ined the Journal of the last day’s pro- Mr. SKELTON led the Pledge of Alle- ceedings and announces to the House PLEDGE OF ALLEGIANCE giance as follows: her approval thereof. The SPEAKER. Will the gentleman from Missouri (Mr. SKELTON) come for-

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H8943

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.000 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8944 CONGRESSIONAL RECORD — HOUSE December 22, 2010 I pledge allegiance to the Flag of the dress the House for 1 minute and to re- strong bipartisan support. Several Sen- United States of America, and to the Repub- vise and extend his remarks.) ators objected to its inclusion in the lic for which it stands, one nation under God, Mr. WILSON of South Carolina. bill. They expressed concerns over its indivisible, with liberty and justice for all. Madam Speaker, I am grateful to wel- budgetary impact, and indicated a will- f come the addition of a new congres- ingness to work toward identifying an REPEAL OF DON’T ASK, DON’T sional seat to my home State of South acceptable way to authorize and pay TELL Carolina, one of America’s fastest the claims. (Mr. POLIS asked and was given per- growing States. The Census Bureau an- I regret the inability to resolve this mission to address the House for 1 nounced the State’s population has matter at this time, and I am very ap- minute.) grown enough to merit one more Rep- preciative of the strong support from Mr. POLIS. Madam Speaker, I just resentative in Congress. Our State has Chairman SKELTON and incoming returned from the signing of the repeal been enhanced by transplants from the chairman of the House Armed Services of Don’t Ask, Don’t Tell. The President Midwest and Northeast and from peo- Committee Mr. MCKEON of California spoke wisely and strongly and wel- ple across the world due to a mild cli- for their strong support of this provi- comed those who were discharged mate and lower tax rates. sion. The unresolved nature of Guam under the Don’t Ask, Don’t Tell policy After 80 years, it appears we will re- war claims has serious implications for to consider reenlisting. gain a seventh House Member. The peo- the military build-up on Guam. I ap- President Obama said: ple of South Carolina will now have an- preciate the administration’s strong ‘‘There will never be a full account- other advocate on their behalf in Wash- support for this provision. The admin- ing of the heroism demonstrated by ington and another electoral vote for istration recognizes the connection be- gay Americans in service to this coun- President. Growing our representation tween resolving this issue and success- try.’’ He continued, ‘‘As the first gen- on Capitol Hill is a key factor in fully implementing the military build- eration to serve openly in our armed achieving goals for the people of South up on Guam. services, you will stand for all those Carolina. Our State will have another We will continue our work to bring who came before you, and you will voice fighting for conservative prin- closure to this matter of justice for the serve as role models for all those who ciples with the new district on the people of Guam, and to act on the leg- come after you.’’ Grand Strand with Florence. islative recommendations of the Fed- Madam Speaker, today is an impor- In conclusion, God bless our troops, eral Guam War Claims Review Com- tant day, not just for gay and lesbian and we will never forget September mission that reported to Congress pur- members of the military, but to all of 11th in the global war on terrorism. suant to Public Law 107–333. It was not us who are gay or lesbian, to our fami- Godspeed to Marine Captain Ky for a lack of effort from this body, and lies, to our friends, for they all know Hunter, who has successfully accom- we will continue to build on the that today we hold our heads a little plished her service for the people of the progress we’ve made. The underlying higher as Americans. We are closer to Second District of South Carolina, and bill is important for our national de- equal treatment under the law, which now will be in the liaison office of the fense and for our men and women in is all we’ve ever asked for. Marine Corps. uniform and their families, and there- Our government will no longer be an f fore this body is left no other choice instrument of discrimination against but than to concur with the Senate IKE SKELTON NATIONAL DEFENSE us, and all America will see and be told amendments at this time. of the patriotism of the gay and lesbian AUTHORIZATION ACT FOR FIS- Again, I want to thank everyone who Americans who proudly defend a coun- CAL YEAR 2011 has assisted me, both the leaders and try that today is one step closer to Mr. SKELTON. Madam Speaker, I to the multiple staff members who considering us equal. ask unanimous consent to take from have helped us through this process. f the Speaker’s table the bill (H.R. 6523) Mr. SKELTON. Madam Speaker, I’ll keep COMMUNICATION FROM THE to authorize appropriations for fiscal my remarks brief as this is the third time that CLERK OF THE HOUSE year 2011 for military activities of the the House will debate and vote on the Na- Department of Defense, for military tional Defense Authorization Act for Fiscal The SPEAKER pro tempore (Ms. ED- construction, and for defense activities Year 2011. They say that the third time is the WARDS of Maryland) laid before the of the Department of Energy, to pre- charm. Let it be so this morning. House the following communication scribe military personnel strengths for I return to the floor with this bill because the from the Clerk of the House of Rep- such fiscal year, and for other pur- Senate found it necessary to delete a portion resentatives: poses, with the Senate amendments of the House-passed bill in order to achieve OFFICE OF THE CLERK, thereto, and concur in the Senate the consensus needed to move the bill to final HOUSE OF REPRESENTATIVES, amendments. passage. The Senate amendment removes Washington, DC, December 22, 2010. The Clerk read the title of the bill. from the House bill Title 17, which dealt with Hon. NANCY PELOSI, The Speaker, House of Representatives, Wash- The text of the Senate amendments Guam War Claims. I am deeply disappointed ington, DC. is as follows: in the Senate’s decision to remove this impor- DEAR MADAM SPEAKER: Pursuant to the Senate amendments: tant legislation, which I strongly support and permission granted in Clause 2(h) of Rule II Strike title XVII and corresponding table which has been so ably advocated by the del- of the Rules of the U.S. House of Representa- of contents on page 18. egate from Guam. However, here we are and tives, the Clerk received the following mes- The SPEAKER pro tempore. Is there we are out of time to engage with a back and sage from the Secretary of the Senate on De- cember 22, 2010 at 9:41 a.m.: objection to the request of the gen- forth with the Senate. We must move this bill That the Senate passed without amend- tleman from Missouri? to the President’s desk or watch it die. That is ment H.R. 5470. Ms. BORDALLO. Madam Speaker, re- why I ask for unanimous consent for the That the Senate passed without amend- serving the right to object, I take this House to concur to the Senate amendment to ment H.R. 4445. moment to express great disappoint- H.R. 6523. That the Senate passed S. 3903. That the Senate passed with amendments ment at the situation the House now Let me briefly repeat what I said the other H.R. 6523. finds itself. It is very unfortunate that day. This bill is must pass legislation with With best wishes, I am before us is an amended version of the many provisions that cannot become law any Sincerely, Ike Skelton National Defense Author- other way. This bill stops an increase in health LORRAINE C. MILLER. ization Act for Fiscal Year 2011. care fees from hitting the families of military f Last night, the other body struck personnel; authorizes military families to ex- b 1110 title XVII of the version of the bill that tend TRICARE coverage to their dependent this House passed last Friday, Decem- children under age 26; and adopts com- SOUTH CAROLINA GAINS A ber 17. Title XVII, Madam Speaker, was prehensive legislation fighting sexual assault CONGRESSIONAL SEAT the Guam World War II Loyalty Rec- in the military. It creates a counter-IED data- (Mr. WILSON of South Carolina ognition Act, which the House has base and enhances the effort to develop new, asked and was given permission to ad- passed on multiple occasions with lightweight body armor. It gives DOD new

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 9920 E:\CR\FM\K22DE7.001 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8945 tools and authorities to reduce its energy de- Mr. YARMUTH. Madam Speaker, I from a great depression; that gave us mand while improving military readiness. It rise today to say good-bye to some dear the Lilly Ledbetter law for women who bolsters our defense against cyber attacks. It friends and colleagues. Four years ago, were discriminated against in the requires independent assessments of the Na- we arrived in this body, over 40 of us, workplace; that gave us Don’t Ask, tional Nuclear Security Administration mod- and we were called the majority mak- Don’t Tell; that also gave us credit ernization plan and of the annual budget re- ers because we had brought control of card reform, student loan reform, addi- quest for sustaining a strong deterrent. It the House back to the Democrats. And tional Pell Grants, tobacco regula- aligns the Navy’s long term shipbuilding plan now 18 of us are leaving for other en- tions, and food safety legislation. with the QDR. And, it includes significant ac- deavors. They have become more than This 111th Congress did more than quisition reform, the Improve Acquisition Act of colleagues and Members and great any Congress since Lyndon Johnson’s 2010, which could save as much as $135 bil- Americans, they have become part of a in 1965 to 1966, and did it under the ef- lion over the next 5 years. That is just a sam- family. fective, passionate, honest, and re- pling of the good work done in this bill. So I salute BARON HILL, PAUL HODES, markable leadership of the most his- I ask the House to support the men and JOHN HALL, CAROL SHEA-PORTER, PAT- toric Speaker in the House of Rep- women of the armed forces by passing this bill RICK MURPHY, RON KLEIN, STEVE resentatives’ history, the Honorable by unanimous consent, and ensure that the KAGEN, JOE SESTAK, BRAD ELLSWORTH, NANCY PELOSI, who I am proud to have National Defense Authorization Act finally be- CHARLIE WILSON, CHRIS CARNEY, ZACK voted for and served with. comes law. SPACE, HARRY MITCHELL, MIKE ARCURI, f Mr. GENE GREEN of Texas. Madam PHIL HARE, BILL FOSTER, TRAVIS CONGRATULATING LADY NITTANY Speaker, H.R. 6523 is a strong bill that is in- CHILDERS, and CIRO RODRIGUEZ. Al- LIONS VOLLEYBALL TEAM tended to provide essential funding for our na- though their faces will not appear in tion’s troops, including providing our brave this body, at least on a frequent basis, (Mr. THOMPSON of Pennsylvania men and women in uniform the tools they the memories and the legacy that they asked and was given permission to ad- need to succeed in our nation’s missions in have left will live on forever. dress the House for 1 minute and to re- Iraq and Afghanistan. f vise and extend his remarks.) Mr. WILSON of South Carolina. Madam Mr. THOMPSON of Pennsylvania. Speaker, I rise to express my concerns about THE RUMP CONGRESS Madam Speaker, the Lady Nittany the Senate Amendment to H.R. 6523, the Ike (Mr. MCCLINTOCK asked and was Lions volleyball team went to Kansas Skelton National Defense Authorization Act for given permission to address the House City on Saturday, December 18, and Fiscal Year 2011. The Senate amendment for 1 minute.) brought home a terrific and unprece- struck Title XVII of the underlying bill, once Mr. MCCLINTOCK. Madam Speaker, dented Christmas present to their again, denying the people of Guam the prom- this lame duck session is rapidly de- school, Penn State University. They ise of closure and justice on the matter of scending into farce. I believe the House won their fourth straight NCAA Divi- Guam War Claims. is now in danger of becoming a carica- sion I championship. The text of Title XVII was a compromise ture of everything the American people While the team was undefeated in that eliminated payments to descendents of rejected in November: incompetence, their previous two seasons, they were survivors of the brutal occupation that were arrogance, and a complete detachment 32–5 going into the championship this subjected to personal injury. I support that from reality. year, and the California Golden Bears compromise; in fact, I am an original co-spon- Nearly 2 months ago, the American went into the match with a 30–4 season. sor of H.R. 44, the Guam World War II Loyalty people said very clearly they don’t The two teams have dominated the Recognition Act. It is important that we bring want this Congress legislating for them championships, meeting for 4 consecu- closure to this long standing injustice for the any longer. And instead of graciously tive years in the regionals, semis or people of Guam. It is even more important and humbly accepting the public’s ver- finals. given that the realignment of Marines from dict, the Democratic leaders seem in- This was Coach Russ Rose’s fifth Okinawa to Guam will begin in earnest over tent to thumb their nose at the Amer- championship, and the ladies cele- the coming year. I have travelled to Guam on a number of ican people. brated by giving their coach a ring for occasions and have been so impressed by the Perhaps the most bitter indictment his thumb. He is the first coach in patriotism of the people led by Governor Felix of a malingering legislative body was NCAA Division I women’s volleyball Camacho and First Lady Joann Camacho, and delivered by Cromwell to the Rump history to win five national titles. I recognize the importance of this legislation to Parliament. His words seem appro- The most outstanding player was the Chamorro people. I look forward to work- priate now to this rump Congress: Deja McClendon. Blair Brown summed ‘‘You have sat here too long for any up the feelings of the team in this ing with Congresswoman MADELEINE good you have been doing. It is not fit quote: BORDALLO and Incoming Chairman Congress- that you should sit here any longer. ‘‘We’re thrilled to have four national man BUCK MCKEON, incoming Chairman of the You shall now give way to better men. House Armed Services Committee, to address championships, but the legacy we want Now depart and go, I say, in the name this matter in next year’s defense authorization to leave is the program’s history, I of God, go.’’ bill. It is time to finally bring closure to this guess. It’s the tradition of working long standing matter for the people of Guam f hard every day in practice and going hard, because that’s how you get here.’’ which is so strategic for our nation’s defense CELEBRATING THE 111TH Congratulations to the team, the and where America’s day begins. I appreciate CONGRESS coach, and the school for this out- the tireless efforts of Congresswoman MAD- (Mr. COHEN asked and was given per- standing record. ELEINE BORDALLO’s service for the people of mission to address the House for 1 f Guam. minute.) Ms. BORDALLO. Madam Speaker, I Mr. COHEN. Madam Speaker, today PASS THE 9/11 FIRST RESPONDERS withdraw my reservation. BILL The SPEAKER pro tempore. Is there does end the 111th Congress, which objection to the request of the gen- Norm Ornstein, one of the most re- (Mr. PAYNE asked and was given tleman from Missouri? spected historians and observers of permission to address the House for 1 There was no objection. public events, said was the most his- minute and to revise and extend his re- A motion to reconsider was laid on toric and productive Congress since marks.) the table. 1965. Mr. PAYNE. This is my country! f I am proud to have been a Member of Land of my birth! this 111th Congress that gave us health This is my country! Grandest on SAYING GOOD-BYE TO FRIENDS care, which this country yearned for Earth! AND COLLEAGUES for over 100 years; that saved us from I pledge thee my allegiance, America, (Mr. YARMUTH asked and was given the precipice of economic decline with the bold, permission to address the House for 1 the stimulus act that has done much For this is my country to have and to minute.) good for this country and saved us hold.

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.006 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8946 CONGRESSIONAL RECORD — HOUSE December 22, 2010 This is my country! Land of my Ms. JACKSON LEE of Texas. Madam Mr. PALLONE. Madam Speaker, I choice! Speaker, my colleagues are absolutely don’t think there is any doubt that this This is my country! Hear my proud right. This has been the most astute has been one of the most productive voice! and conscientious Congress in the his- Congresses in American history, but I I pledge thee my allegiance, America, tory of our Nation, the 111th Congress, also want to talk about the lame duck the bold, led by the very astute and courageous session and how productive that has For this is my country to have and to NANCY PELOSI, the historic first woman been as well. hold. Speaker. I thank her and the leader- In this lame duck session, we have As a youngster in elementary school, ship. had one of the largest major tax cuts I sang this song proudly many times. Thank you for health care and Wall to help the average person, to help the And nearly a decade ago, 9/11 respond- Street reform. Thank you for the re- middle class, in the history of the Re- ers embodied the American spirit pro- form of the GI Bill, to provide more op- public. Child tax credits, payroll tax claimed in this song when they dropped portunity. And, as well, thank you for reduction, education tax benefits, the everything to help this country. These moving and pushing compassionately list goes on. Americans paid the ultimate sacrifice the repeal of Don’t Ask, Don’t Tell. In addition to that, we did the ‘‘doc and risked their health and lives when The White House ceremony today was fix’’ for Medicare for another year. We our country was attacked. Unfortu- powerful. also repealed Don’t Ask, Don’t Tell. Fi- nately, many have developed health Thank you again for recognizing that nally, yesterday, we did the food safety issues as a result of their service. the 9/11 heroes health bill must be bill, one of the most comprehensive But my Republican colleagues be- taken care of. I ask the other body to bills that we could possibly pass. lieve that this treatment is too costly. act now and do not go home without So there is no question that this has The 9/11 Health and Compensation Act doing so. But yet the omnibus bill that been a productive Congress, and this would provide monitoring and special- will help so many millions of Ameri- has been a very productive lame duck ized treatment for those responders cans with resources directed to them Congress. I am also hopeful that today who were exposed to toxins during 9/11 has been imploded, and I call upon the in the Senate and here in the House we and this bill is completely paid for. No Senate, I call upon this House when we will also pass the 9/11 health bill for responders questioned whether they return, to be able to return America’s first responders, and that will com- should go in. resources back to them. We negotiated plete, again, one of the most produc- Those American flag-wearing lapel that omnibus. It is time to make sure tive lame duck sessions and productive Senators should vote for the 9/11 that those veterans and those who need Congresses in American history. Health and Compensation Act. PTSD recovery and those who need f f health care are provided for through GENERAL LEAVE b 1120 this omnibus bill. Happy holiday, Merry Christmas and Mr. HIMES. Madam Speaker, I ask CONTINUING RECORD OF Happy New Year. unanimous consent that all Members SUCCESSFUL JOB CREATION f may have 5 legislative days in which to (Mr. CARSON of Indiana asked and revise and extend their remarks and in- was given permission to address the PASS THE 9/11 HEALTH BENEFITS BILL sert extraneous material on the Senate House for 1 minute.) amendments to H.R. 6523. Mr. CARSON of Indiana. Madam (Mr. HIMES asked and was given per- The SPEAKER pro tempore. Is there Speaker, I rise to express my hope that mission to address the House for 1 objection to the request of the gen- the 112th Congress will continue this minute.) tleman from Connecticut? Congress’ record of successful job cre- Mr. HIMES. Madam Speaker, what There was no objection. ation. does the Congress owe the American We have taken the necessary steps people? I think it owes a young man or f during this, the most productive Con- a young woman who will put on the RECESS gress in years, to pass a long list of im- uniform of this Nation and agree to The SPEAKER pro tempore. Pursu- portant legislation. From middle class sacrifice his or her life the right to ant to clause 12(a) of rule I, the Chair tax relief to the small business jobs ini- serve. The Republicans, all but a hand- declares the House in recess subject to tiatives, to teacher and health care ful of courageous Republicans, dis- the call of the Chair. jobs, to programs helping to keep agree. Accordingly (at 11 o’clock and 25 Americans in their homes, the 111th I think that it owes a child who was minutes a.m.), the House stood in re- Congress has succeeded in moving the brought here by their parents from a cess subject to the call of the Chair. American people’s agenda forward. We country they don’t know, who speaks a have already created millions of jobs language they don’t speak, the oppor- f tunity to serve, to get a degree, to ulti- and spurred 11 months of private-sector b 1550 job growth. mately become an American. The Re- But this recession cannot be cor- publicans disagree. AFTER RECESS rected overnight. Next year, we must But I know, Madam Speaker, that we The recess having expired, the House all focus on building the next genera- owe those brave responders who went was called to order by the Speaker pro tion of workers, increasing access to to the site of 9/11 and risked their tempore (Ms. EDWARDS of Maryland) at quality education, remaining competi- health and risked their lives to serve 3 o’clock and 50 minutes p.m. tive in the global marketplace and re- others in this Nation’s moment of pain, ducing the deficit. Together, we must we owe them health care. The Repub- f all continue moving our country for- lican Party disagrees. And it is to the COMMUNICATION FROM THE ward. I look forward to working with shame of this institution and it will be CLERK OF THE HOUSE my colleagues on both sides of the aisle to the eternal shame of the Republican The SPEAKER pro tempore laid be- in the next Congress. Party if they do not allow us, after fore the House the following commu- Thank you, God bless, happy holi- helping the banks, after helping the nication from the Clerk of the House of days, and happy new year. auto companies, after helping Ameri- Representatives: f cans, if they do not allow us to help the volunteers of 9/11. OFFICE OF THE CLERK, MOST ASTUTE, CONSCIENTIOUS HOUSE OF REPRESENTATIVES, CONGRESS IN THE HISTORY OF f Washington, DC, December 22, 2010. THE NATION A VERY PRODUCTIVE CONGRESS Hon. NANCY PELOSI, The Speaker, U.S. Capitol, (Ms. JACKSON LEE of Texas asked (Mr. PALLONE asked and was given House of Representatives, Washington, DC. and was given permission to address permission to address the House for 1 DEAR MADAM SPEAKER: Pursuant to the the House for 1 minute.) minute.) permission granted in Clause 2(h) of rule II of

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.005 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8947 the Rules of the U.S. House of Representa- at any time to take from the Speaker’s ‘‘PART 2—WTC SURVIVORS tives, the Clerk received the following mes- table the bill H.R. 847, with the Senate ‘‘Sec. 3321. Identification and initial health sage from the Secretary of the Senate on De- amendment thereto, and to consider in evaluation of screening-eligible cember 22, 2010 at 11:30 a.m.: and certified-eligible WTC sur- That the Senate passed S. 4053. the House, without intervention of any point of order except those arising vivors. With best wishes, I am ‘‘Sec. 3322. Followup monitoring and treat- Sincerely, under clause 10 in rule XXI, a motion ment of certified-eligible WTC sur- LORRAINE C. MILLER. offered by the chair of the Committee vivors for WTC-related health f on Energy and Commerce or his des- conditions. ignee that the House concur in the ‘‘Sec. 3323. Followup monitoring and treat- COMMUNICATION FROM THE Senate amendment; that the Senate ment of other individuals with CLERK OF THE HOUSE amendment be considered as read; that WTC-related health conditions. The SPEAKER pro tempore laid be- the motion be debatable for 30 minutes ‘‘PART 3—PAYOR PROVISIONS fore the House the following commu- equally divided and controlled by the ‘‘Sec. 3331. Payment of claims. nication from the Clerk of the House of Chair and ranking minority member of ‘‘Sec. 3332. Administrative arrangement au- Representatives: the Committee on Energy and Com- thority. OFFICE OF THE CLERK, merce; and that the previous question ‘‘Subtitle C—Research Into Conditions HOUSE OF REPRESENTATIVES, be considered as ordered on the motion ‘‘Sec. 3341. Research regarding certain Washington, DC, December 22, 2010. to final adoption without intervening health conditions related to Sep- Hon. NANCY PELOSI, motion. tember 11 terrorist attacks. The Speaker, U.S. Capitol, The SPEAKER pro tempore. Is there ‘‘Sec. 3342. World Trade Center Health Reg- House of Representatives, Washington, DC. istry. objection to the request of the gen- DEAR MADAM SPEAKER: Pursuant to the ‘‘Subtitle D—Funding permission granted in Clause 2(h) of rule II of tleman from New York? ‘‘Sec. 3351. World Trade Center Health Pro- the Rules of the U.S. House of Representa- There was no objection. gram Fund. tives, the Clerk received the following mes- Mr. PALLONE. Madam Speaker, pur- sage from the Secretary of the Senate on De- suant to the order of the House of TITLE II—SEPTEMBER 11TH VICTIM cember 22, 2010 at 2:17 p.m.: today, I call up the bill (H.R. 847) to COMPENSATION FUND OF 2001 That the Senate passed without amend- amend the Public Health Service Act Sec. 201. Definitions. ment H.R. 6398. Sec. 202. Extended and expanded eligibility for With best wishes, I am to extend and improve protections and compensation. Sincerely, services to individuals directly im- Sec. 203. Requirement to update regulations. LORRAINE C. MILLER. pacted by the terrorist attack in New Sec. 204. Limited liability for certain claims. Sec. 205. Funding; attorney fees. f York City on September 11, 2001, and for other purposes, with the Senate TITLE III—REVENUE RELATED COMMUNICATION FROM THE amendment thereto, and I have a mo- PROVISIONS CLERK OF THE HOUSE tion at the desk. Sec. 301. Excise tax on foreign procurement. The SPEAKER pro tempore laid be- The Clerk read the title of the bill. Sec. 302. Renewal of fees for visa-dependent fore the House the following commu- The SPEAKER pro tempore. The employers. nication from the Clerk of the House of Clerk will designate the Senate amend- TITLE IV—BUDGETARY EFFECTS Representatives: ment. Sec. 401. Compliance with Statutory Pay-As- OFFICE OF THE CLERK, The text of the Senate amendment is You-Go Act of 2010. HOUSE OF REPRESENTATIVES, as follows: TITLE I—WORLD TRADE CENTER HEALTH Washington, DC, December 22, 2010. Senate amendment: PROGRAM Hon. NANCY PELOSI, Strike all after the enacting clause and in- SEC. 101. WORLD TRADE CENTER HEALTH PRO- The Speaker, U.S. Capitol, sert the following: GRAM. House of Representatives, Washington, DC. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The Public Health Service Act is amended by DEAR MADAM SPEAKER: Pursuant to the (a) SHORT TITLE.—This Act may be cited as adding at the end the following new title: permission granted in clause 2(h) of rule II of the ‘‘James Zadroga 9/11 Health and Compensa- ‘‘TITLE XXXIII—WORLD TRADE CENTER the Rules of the U.S. House of Representa- tion Act of 2010’’. HEALTH PROGRAM tives, the Clerk received the following mes- (b) TABLE OF CONTENTS.—The table of con- ‘‘Subtitle A—Establishment of Program; sage from the Secretary of the Senate on De- tents of this Act is as follows: Advisory Committee cember 22, 2010 at 3:11 p.m.: Sec. 1. Short title; table of contents. That the Senate passed with an amend- ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE TITLE I—WORLD TRADE CENTER HEALTH ment H.R. 847. CENTER HEALTH PROGRAM. With best wishes, I am PROGRAM ‘‘(a) IN GENERAL.—There is hereby established Sincerely, Sec. 101. World Trade Center Health Program. within the Department of Health and Human LORRAINE C. MILLER. ‘‘TITLE XXXIII—WORLD TRADE CENTER Services a program to be known as the World Trade Center Health Program, which shall be f HEALTH PROGRAM ‘‘Subtitle A—Establishment of Program; administered by the WTC Program Adminis- CONDITIONAL ADJOURNMENT TO Advisory Committee trator, to provide beginning on July 1, 2011— FRIDAY, DECEMBER 24, 2010 ‘‘(1) medical monitoring and treatment bene- ‘‘Sec. 3301. Establishment of World Trade fits to eligible emergency responders and recov- Mr. ARCURI. Madam Speaker, I ask Center Health Program. ery and cleanup workers (including those who unanimous consent that when the ‘‘Sec. 3302. WTC Health Program Scientific/ are Federal employees) who responded to the House adjourns today on a motion of- Technical Advisory Committee; September 11, 2001, terrorist attacks; and fered pursuant to this order, it adjourn WTC Health Program Steering ‘‘(2) initial health evaluation, monitoring, and Committees. treatment benefits to residents and other build- to meet at 11 a.m. on Friday, December ‘‘Sec. 3303. Education and outreach. ing occupants and area workers in New York 24, 2010, unless it sooner has received a ‘‘Sec. 3304. Uniform data collection and City who were directly impacted and adversely message from the Senate transmitting analysis. affected by such attacks. ‘‘Sec. 3305. Clinical Centers of Excellence its concurrence in House Concurrent ‘‘(b) COMPONENTS OF PROGRAM.—The WTC and Data Centers. Resolution 336, in which case the House Program includes the following components: ‘‘Sec. 3306. Definitions. shall stand adjourned sine die pursuant ‘‘(1) MEDICAL MONITORING FOR RESPONDERS.— to that concurrent resolution. ‘‘Subtitle B—Program of Monitoring, Initial Medical monitoring under section 3311, includ- The SPEAKER pro tempore. Is there Health Evaluations, and Treatment ing clinical examinations and long-term health objection to the request of the gen- ‘‘PART 1—WTC RESPONDERS monitoring and analysis for enrolled WTC re- tleman from New York? ‘‘Sec. 3311. Identification of WTC respond- sponders who were likely to have been exposed There was no objection. ers and provision of WTC-related to airborne toxins that were released, or to other monitoring services. hazards, as a result of the September 11, 2001, f ‘‘Sec. 3312. Treatment of enrolled WTC re- terrorist attacks. JAMES ZADROGA 9/11 HEALTH AND sponders for WTC-related health ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR- COMPENSATION ACT OF 2010 conditions. VIVORS.—An initial health evaluation under sec- ‘‘Sec. 3313. National arrangement for bene- tion 3321, including an evaluation to determine Mr. ARCURI. Madam Speaker, I ask fits for eligible individuals outside eligibility for followup monitoring and treat- unanimous consent that it be in order New York. ment.

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‘‘(3) FOLLOWUP MONITORING AND TREATMENT program and the number of such individuals ‘‘(1) ESTABLISHMENT.—The WTC Program Ad- FOR WTC-RELATED HEALTH CONDITIONS FOR RE- who received medical treatment under the pro- ministrator shall establish an advisory com- SPONDERS AND SURVIVORS.—Provision under sec- gram; mittee to be known as the WTC Health Program tions 3312, 3322, and 3323 of followup monitoring ‘‘(iii) with respect to individuals so certified Scientific/Technical Advisory Committee (in this and treatment and payment, subject to the pro- who received such treatment, on the WTC-re- subsection referred to as the ‘Advisory Com- visions of subsection (d), for all medically nec- lated health conditions for which they were mittee’) to review scientific and medical evidence essary health and mental health care expenses treated; and and to make recommendations to the Adminis- of an individual with respect to a WTC-related ‘‘(iv) on the projected number of individuals trator on additional WTC Program eligibility health condition (including necessary prescrip- who will be certified under subtitle B in the suc- criteria and on additional WTC-related health tion drugs). ceeding fiscal year and the succeeding 10-year conditions. ‘‘(4) OUTREACH.—Establishment under section period. ‘‘(2) COMPOSITION.—The WTC Program Ad- 3303 of an education and outreach program to ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- ministrator shall appoint the members of the Ad- potentially eligible individuals concerning the TION, AND TREATMENT COSTS.—For each clinical visory Committee and shall include at least— benefits under this title. program so described— ‘‘(A) 4 occupational physicians, at least 2 of ‘‘(5) CLINICAL DATA COLLECTION AND ANAL- ‘‘(i) information on the costs of monitoring whom have experience treating WTC rescue and YSIS.—Collection and analysis under section and initial health evaluation and the costs of recovery workers; 3304 of health and mental health data relating treatment and on the estimated costs of such ‘‘(B) 1 physician with expertise in pulmonary to individuals receiving monitoring or treatment monitoring, evaluation, and treatment in the medicine; benefits in a uniform manner in collaboration succeeding fiscal year; and ‘‘(C) 2 environmental medicine or environ- with the collection of epidemiological data ‘‘(ii) an estimate of the cost of medical treat- mental health specialists; under section 3342. ment for WTC-related health conditions that ‘‘(D) 2 representatives of WTC responders; ‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- have been paid for or reimbursed by workers’ ‘‘(E) 2 representatives of certified-eligible WTC tablishment under subtitle C of a research pro- compensation, by public or private health plans, survivors; gram on health conditions resulting from the or by New York City under section 3331. ‘‘(F) an industrial hygienist; September 11, 2001, terrorist attacks. ‘‘(C) ADMINISTRATIVE COSTS.—Information on ‘‘(G) a toxicologist; ‘‘(c) NO COST SHARING.—Monitoring and the cost of administering the program, including ‘‘(H) an epidemiologist; and treatment benefits and initial health evaluation costs of program support, data collection and ‘‘(I) a mental health professional. benefits are provided under subtitle B without analysis, and research conducted under the pro- ‘‘(3) MEETINGS.—The Advisory Committee any deductibles, copayments, or other cost shar- gram. shall meet at such frequency as may be required ing to an enrolled WTC responder or certified-el- ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Informa- to carry out its duties. ‘‘(4) REPORTS.—The WTC Program Adminis- igible WTC survivor. Initial health evaluation tion on the administrative performance of the trator shall provide for publication of rec- benefits are provided under subtitle B without program, including— ommendations of the Advisory Committee on the any deductibles, copayments, or other cost shar- ‘‘(i) the performance of the program in pro- public Web site established for the WTC Pro- ing to a screening-eligible WTC survivor. viding timely evaluation of and treatment to eli- gram. ‘‘(d) PREVENTING FRAUD AND UNREASONABLE gible individuals; and ‘‘(5) DURATION.—Notwithstanding any other ADMINISTRATIVE COSTS.— ‘‘(ii) a list of the Clinical Centers of Excel- ‘‘(1) FRAUD.—The Inspector General of the lence and other providers that are participating provision of law, the Advisory Committee shall Department of Health and Human Services shall in the program. continue in operation during the period in develop and implement a program to review the ‘‘(E) SCIENTIFIC REPORTS.—A summary of the which the WTC Program is in operation. ‘‘(6) APPLICATION OF FACA.—Except as other- WTC Program’s health care expenditures to de- findings of any new scientific reports or studies wise specifically provided, the Advisory Com- tect fraudulent or duplicate billing and payment on the health effects associated with exposure mittee shall be subject to the Federal Advisory for inappropriate services. This title is a Federal described in section 3306(1), including the find- Committee Act. health care program (as defined in section ings of research conducted under section ‘‘(b) WTC HEALTH PROGRAM STEERING COM- 1128B(f) of the Social Security Act) and is a 3341(a). MITTEES.— health plan (as defined in section 1128C(c) of ‘‘(F) ADVISORY COMMITTEE RECOMMENDA- ‘‘(1) CONSULTATION.—The WTC Program Ad- such Act) for purposes of applying sections 1128 TIONS.—A list of recommendations by the WTC Scientific/Technical Advisory Committee on administrator shall consult with 2 steering commit- through 1128E of such Act. tees (each in this section referred to as a ‘Steer- ‘‘(2) UNREASONABLE ADMINISTRATIVE COSTS.— ditional WTC Program eligibility criteria and on ing Committee’) that are established as follows: The Inspector General of the Department of additional WTC-related health conditions and ‘‘(A) WTC RESPONDERS STEERING COM- Health and Human Services shall develop and the action of the WTC Program Administrator MITTEE.—One Steering Committee, to be known implement a program to review the WTC Pro- concerning each such recommendation. as the WTC Responders Steering Committee, for gram for unreasonable administrative costs, in- ‘‘(3) SEPARATE CLINICAL PROGRAMS DE- the purpose of receiving input from affected cluding with respect to infrastructure, adminis- SCRIBED.—In paragraph (2), each of the fol- stakeholders and facilitating the coordination of tration, and claims processing. lowing shall be treated as a separate clinical monitoring and treatment programs for the en- ‘‘(e) QUALITY ASSURANCE.—The WTC Program program of the WTC Program: rolled WTC responders under part 1 of subtitle Administrator working with the Clinical Centers ‘‘(A) FIREFIGHTERS AND RELATED PER- B. of Excellence shall develop and implement a SONNEL.—The benefits provided for enrolled ‘‘(B) WTC SURVIVORS STEERING COMMITTEE.— quality assurance program for the monitoring WTC responders described in section One Steering Committee, to be known as the and treatment delivered by such Centers of Ex- 3311(a)(2)(A). WTC Survivors Steering Committee, for the pur- cellence and any other participating health care ‘‘(B) OTHER WTC RESPONDERS.—The benefits pose of receiving input from affected stake- providers. Such program shall include— provided for enrolled WTC responders not de- ‘‘(1) adherence to monitoring and treatment scribed in subparagraph (A). holders and facilitating the coordination of ini- protocols; ‘‘(C) WTC SURVIVORS.—The benefits provided tial health evaluations, monitoring, and treat- ‘‘(2) appropriate diagnostic and treatment re- for screening-eligible WTC survivors and cer- ment programs for screening-eligible and cer- ferrals for participants; tified-eligible WTC survivors in section 3321(a). tified-eligible WTC survivors under part 2 of ‘‘(3) prompt communication of test results to ‘‘(g) NOTIFICATION TO CONGRESS UPON REACH- subtitle B. participants; and ING 80 PERCENT OF ELIGIBILITY NUMERICAL LIM- ‘‘(2) MEMBERSHIP.— ‘‘(4) such other elements as the Administrator ITS.—The Secretary shall promptly notify the ‘‘(A) WTC RESPONDERS STEERING COM- specifies in consultation with the Clinical Cen- Congress of each of the following: MITTEE.— ters of Excellence. ‘‘(1) When the number of enrollments of WTC ‘‘(i) REPRESENTATION.—The WTC Responders ‘‘(f) ANNUAL PROGRAM REPORT.— responders subject to the limit established under Steering Committee shall include— ‘‘(1) IN GENERAL.—Not later than 6 months section 3311(a)(4) has reached 80 percent of such ‘‘(I) representatives of the Centers of Excel- after the end of each fiscal year in which the limit. lence providing services to WTC responders; WTC Program is in operation, the WTC Program ‘‘(2) When the number of certifications for cer- ‘‘(II) representatives of labor organizations Administrator shall submit an annual report to tified-eligible WTC survivors subject to the limit representing firefighters, police, other New York the Congress on the operations of this title for established under section 3321(a)(3) has reached City employees, and recovery and cleanup work- such fiscal year and for the entire period of op- 80 percent of such limit. ers who responded to the September 11, 2001, ter- eration of the program. ‘‘(h) CONSULTATION.—The WTC Program Ad- rorist attacks; and ‘‘(2) CONTENTS INCLUDED IN REPORT.—Each ministrator shall engage in ongoing outreach ‘‘(III) 3 representatives of New York City, 1 of annual report under paragraph (1) shall include and consultation with relevant stakeholders, in- whom will be selected by the police commissioner at least the following: cluding the WTC Health Program Steering Com- of New York City, 1 by the health commissioner ‘‘(A) ELIGIBLE INDIVIDUALS.—Information for mittees and the Advisory Committee under sec- of New York City, and 1 by the mayor of New each clinical program described in paragraph tion 3302, regarding the implementation and im- York City. (3)— provement of programs under this title. ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re- ‘‘(i) on the number of individuals who applied ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ sponders Steering Committee shall initially be for certification under subtitle B and the num- TECHNICAL ADVISORY COMMITTEE; composed of members of the WTC Monitoring ber of such individuals who were so certified; WTC HEALTH PROGRAM STEERING and Treatment Program Steering Committee (as ‘‘(ii) of the individuals who were certified, on COMMITTEES. in existence on the day before the date of the the number who received monitoring under the ‘‘(a) ADVISORY COMMITTEE.— enactment of this title).

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‘‘(B) WTC SURVIVORS STEERING COMMITTEE.— ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE more class of enrolled WTC responders, screen- ‘‘(i) REPRESENTATION.—The WTC Survivors AND DATA CENTERS. ing-eligible WTC survivors, or certified-eligible Steering Committee shall include representatives ‘‘(a) IN GENERAL.— WTC survivors. of— ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF ‘‘(4) USE OF COOPERATIVE AGREEMENTS.—Any ‘‘(I) the Centers of Excellence providing serv- EXCELLENCE.—The WTC Program Administrator contract under this title between the WTC Pro- ices to screening-eligible and certified-eligible shall, subject to subsection (b)(1)(B), enter into gram Administrator and a Data Center or a WTC survivors; contracts with Clinical Centers of Excellence (as Clinical Center of Excellence may be in the form ‘‘(II) the population of residents, students, defined in subsection (b)(1)(A))— of a cooperative agreement. and area and other workers affected by the Sep- ‘‘(A) for the provision of monitoring and ‘‘(5) REVIEW ON FEASIBILITY OF CONSOLI- tember 11, 2001, terrorist attacks; treatment benefits and initial health evaluation DATING DATA CENTERS.—Not later than July 1, ‘‘(III) screening-eligible and certified-eligible benefits under subtitle B; 2011, the Comptroller General of the United survivors receiving initial health evaluations, ‘‘(B) for the provision of outreach activities to States shall submit to the Committee on Energy monitoring, or treatment under part 2 of subtitle individuals eligible for such monitoring and and Commerce of the House of Representatives B and organizations advocating on their behalf; treatment benefits, for initial health evaluation and the Committee on Health, Education, and benefits, and for followup to individuals who Labor, and Pensions of the Senate a report on ‘‘(IV) New York City. are enrolled in the monitoring program; the feasibility of consolidating Data Centers ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- ‘‘(C) for the provision of counseling for bene- into a single Data Center. vivors Steering Committee shall initially be com- fits under subtitle B, with respect to WTC-re- ‘‘(b) CENTERS OF EXCELLENCE.— ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.— posed of members of the WTC Environmental lated health conditions, for individuals eligible ‘‘(A) DEFINITION.—For purposes of this title, Health Center Survivor Advisory Committee (as for such benefits; ‘‘(D) for the provision of counseling for bene- the term ‘Clinical Center of Excellence’ means a in existence on the day before the date of the Center that demonstrates to the satisfaction of enactment of this title). fits for WTC-related health conditions that may be available under workers’ compensation or the Administrator that the Center— ‘‘(C) ADDITIONAL APPOINTMENTS.—Each Steer- ‘‘(i) uses an integrated, centralized health other benefit programs for work-related injuries ing Committee may recommend, if approved by a care provider approach to create a comprehen- or illnesses, health insurance, disability insur- majority of voting members of the Committee, sive suite of health services under this title that ance, or other insurance plans or through public additional members to the Committee. are accessible to enrolled WTC responders, or private social service agencies and assisting ‘‘(D) VACANCIES.—A vacancy in a Steering screening-eligible WTC survivors, or certified-el- eligible individuals in applying for such bene- Committee shall be filled by an individual rec- igible WTC survivors; ommended by the Steering Committee. fits; ‘‘(ii) has experience in caring for WTC re- ‘‘(E) for the provision of translational and in- ‘‘SEC. 3303. EDUCATION AND OUTREACH. sponders and screening-eligible WTC survivors terpretive services for program participants who ‘‘The WTC Program Administrator shall insti- or includes health care providers who have been are not English language proficient; and tute a program that provides education and out- trained pursuant to section 3313(c); ‘‘(F) for the collection and reporting of data, reach on the existence and availability of serv- ‘‘(iii) employs health care provider staff with including claims data, in accordance with sec- ices under the WTC Program. The outreach and expertise that includes, at a minimum, occupation 3304. education program— tional medicine, environmental medicine, trau- ‘‘(2) CONTRACTS WITH DATA CENTERS.— ma-related psychiatry and psychology, and so- ‘‘(1) shall include— ‘‘(A) IN GENERAL.—The WTC Program Admin- ‘‘(A) the establishment of a public Web site cial services counseling; and istrator shall enter into contracts with one or ‘‘(iv) meets such other requirements as speci- with information about the WTC Program; more Data Centers (as defined in subsection ‘‘(B) meetings with potentially eligible popu- fied by the Administrator. (b)(2))— ‘‘(B) CONTRACT REQUIREMENTS.—The WTC lations; ‘‘(i) for receiving, analyzing, and reporting to Program Administrator shall not enter into a ‘‘(C) development and dissemination of out- the WTC Program Administrator on data, in ac- contract with a Clinical Center of Excellence reach materials informing people about the pro- cordance with section 3304, that have been col- under subsection (a)(1) unless the Center agrees gram; and lected and reported to such Data Centers by the to do each of the following: ‘‘(D) the establishment of phone information corresponding Clinical Centers of Excellence ‘‘(i) Establish a formal mechanism for con- services; and under subsection (b)(1)(B)(iii); sulting with and receiving input from represent- ‘‘(2) shall be conducted in a manner in- ‘‘(ii) for the development of monitoring, initial atives of eligible populations receiving moni- tended— health evaluation, and treatment protocols, toring and treatment benefits under subtitle B ‘‘(A) to reach all affected populations; and with respect to WTC-related health conditions; from such Center. ‘‘(B) to include materials for culturally and ‘‘(iii) for coordinating the outreach activities ‘‘(ii) Coordinate monitoring and treatment linguistically diverse populations. conducted under paragraph (1)(B) by each cor- benefits under subtitle B with routine medical ‘‘SEC. 3304. UNIFORM DATA COLLECTION AND responding Clinical Center of Excellence; care provided for the treatment of conditions ANALYSIS. ‘‘(iv) for establishing criteria for the other than WTC-related health conditions. ‘‘(a) IN GENERAL.—The WTC Program Admin- credentialing of medical providers participating ‘‘(iii) Collect and report to the corresponding istrator shall provide for the uniform collection in the nationwide network under section 3313; Data Center data, including claims data, in ac- of data, including claims data (and analysis of ‘‘(v) for coordinating and administering the cordance with section 3304(b). data and regular reports to the Administrator) activities of the WTC Health Program Steering ‘‘(iv) Have in place safeguards against fraud on the prevalence of WTC-related health condi- Committees established under section 3002(b); that are satisfactory to the Administrator, in tions and the identification of new WTC-related and consultation with the Inspector General of the health conditions. Such data shall be collected ‘‘(vi) for meeting periodically with the cor- Department of Health and Human Services. for all individuals provided monitoring or treat- responding Clinical Centers of Excellence to ob- ‘‘(v) Treat or refer for treatment all individuals who are enrolled WTC responders or cer- ment benefits under subtitle B and regardless of tain input on the analysis and reporting of data tified-eligible WTC survivors with respect to their place of residence or Clinical Center of Ex- collected under clause (i) and on the develop- such Center who present themselves for treat- cellence through which the benefits are pro- ment of monitoring, initial health evaluation, vided. The WTC Program Administrator shall ment of a WTC-related health condition. and treatment protocols under clause (ii). ‘‘(vi) Have in place safeguards, consistent provide, through the Data Centers or otherwise, EDICAL PROVIDER SELECTION.—The ‘‘(B) M with section 3304(c), to ensure the confiden- for the integration of such data into the moni- medical providers under subparagraph (A)(iv) tiality of an individual’s individually identifi- toring and treatment program activities under shall be selected by the WTC Program Adminis- able health information, including requiring this title. trator on the basis of their experience treating that such information not be disclosed to the in- ‘‘(b) COORDINATING THROUGH CENTERS OF EX- or diagnosing the health conditions included in dividual’s employer without the authorization CELLENCE.—Each Clinical Center of Excellence the list of WTC-related health conditions. of the individual. shall collect data described in subsection (a) and ‘‘(C) CLINICAL DISCUSSIONS.—In carrying out ‘‘(vii) Use amounts paid under subsection report such data to the corresponding Data Cen- subparagraph (A)(ii), a Data Center shall en- (c)(1) only for costs incurred in carrying out the ter for analysis by such Data Center. gage in clinical discussions across the WTC Pro- activities described in subsection (a), other than ‘‘(c) COLLABORATION WITH WTC HEALTH REG- gram to guide treatment approaches for individ- those described in subsection (a)(1)(A). ISTRY.—The WTC Program Administrator shall uals with a WTC-related health condition. ‘‘(viii) Utilize health care providers with occu- provide for collaboration between the Data Cen- ‘‘(D) TRANSPARENCY OF DATA.—A contract en- pational and environmental medicine expertise ters and the World Trade Center Health Reg- tered into under this subsection with a Data to conduct physical and mental health assess- istry described in section 3342. Center shall require the Data Center to make ments, in accordance with protocols developed ‘‘(d) PRIVACY.—The data collection and anal- any data collected and reported to such Center under subsection (a)(2)(A)(ii). ysis under this section shall be conducted and under subsection (b)(1)(B)(iii) available to ‘‘(ix) Communicate with WTC responders and maintained in a manner that protects the con- health researchers and others as provided in the screening-eligible and certified-eligible WTC sur- fidentiality of individually identifiable health CDC/ATSDR Policy on Releasing and Sharing vivors in appropriate languages and conduct information consistent with applicable statutes Data. outreach activities with relevant stakeholder and regulations, including, as applicable, ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS worker or community associations. HIPAA privacy and security law (as defined in SPECIFIC.—A contract entered into under this ‘‘(x) Meet all the other applicable require- section 3009(a)(2)) and section 552a of title 5, subsection with a Clinical Center of Excellence ments of this title, including regulations imple- United States Code. or a Data Center may be with respect to one or menting such requirements.

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‘‘(C) TRANSITION RULE TO ENSURE CONTINUITY lated health condition and is eligible for treat- ‘‘(1) IN GENERAL.—For purposes of this title, OF CARE.—The WTC Program Administrator ment under the WTC Program. the term ‘WTC responder’ means any of the fol- shall to the maximum extent feasible ensure con- ‘‘(6) The term ‘list of WTC-related health con- lowing individuals, subject to paragraph (4): tinuity of care in any period of transition from ditions’ means— ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.—An monitoring and treatment of an enrolled WTC ‘‘(A) for WTC responders, the health condi- individual who has been identified as eligible responder or certified-eligible WTC survivor by a tions listed in section 3312(a)(3); and for monitoring under the arrangements as in ef- provider to a Clinical Center of Excellence or a ‘‘(B) for screening-eligible and certified-eligi- fect on the date of the enactment of this title be- health care provider participating in the nation- ble WTC survivors, the health conditions listed tween the National Institute for Occupational wide network under section 3313. in section 3322(b). Safety and Health and— ‘‘(2) DATA CENTERS.—For purposes of this ‘‘(7) The term ‘New York City disaster area’ ‘‘(i) the consortium coordinated by Mt. Sinai title, the term ‘Data Center’ means a Center means the area within New York City that is— Hospital in New York City that coordinates the that the WTC Program Administrator deter- ‘‘(A) the area of Manhattan that is south of monitoring and treatment for enrolled WTC re- mines has the capacity to carry out the respon- Houston Street; and sponders other than with respect to those cov- sibilities for a Data Center under subsection ‘‘(B) any block in Brooklyn that is wholly or ered under the arrangement with the Fire De- (a)(2). partially contained within a 1.5-mile radius of partment of New York City; or ‘‘(3) CORRESPONDING CENTERS.—For purposes the former World Trade Center site. ‘‘(ii) the Fire Department of New York City. of this title, a Clinical Center of Excellence and ‘‘(8) The term ‘New York metropolitan area’ ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI- a Data Center shall be treated as ‘cor- means an area, specified by the WTC Program BILITY CRITERIA.—An individual who meets the responding’ to the extent that such Clinical Administrator, within which WTC responders current eligibility criteria described in para- Center and Data Center serve the same popu- and eligible WTC screening-eligible survivors graph (2). lation group. who reside in such area are reasonably able to ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI- ‘‘(c) PAYMENT FOR INFRASTRUCTURE COSTS.— access monitoring and treatment benefits and BILITY CRITERIA.—An individual who— ‘‘(1) IN GENERAL.—The WTC Program Admin- initial health evaluation benefits under this title ‘‘(i) performed rescue, recovery, demolition, istrator shall reimburse a Clinical Center of Ex- through a Clinical Center of Excellence de- debris cleanup, or other related services in the cellence for the fixed infrastructure costs of scribed in subparagraphs (A), (B), or (C) of sec- New York City disaster area in response to the such Center in carrying out the activities de- tion 3305(b)(1). September 11, 2001, terrorist attacks, regardless scribed in subtitle B at a rate negotiated by the ‘‘(9) The term ‘screening-eligible WTC sur- of whether such services were performed by a Administrator and such Centers. Such nego- vivor’ has the meaning given such term in sec- State or Federal employee or member of the Na- tiated rate shall be fair and appropriate and tion 3321(a)(1). tional Guard or otherwise; and ‘‘(ii) meets such eligibility criteria relating to take into account the number of enrolled WTC ‘‘(10) Any reference to ‘September 11, 2001’ exposure to airborne toxins, other hazards, or responders receiving services from such Center shall be deemed a reference to the period on adverse conditions resulting from the September under this title. such date subsequent to the terrorist attacks at 11, 2001, terrorist attacks as the WTC Program ‘‘(2) FIXED INFRASTRUCTURE COSTS.—For pur- the World Trade Center, Shanksville, Pennsyl- poses of paragraph (1), the term ‘fixed infra- vania, or the Pentagon, as applicable, on such Administrator, after consultation with the WTC structure costs’ means, with respect to a Clinical date. Scientific/Technical Advisory Committee, deter- Center of Excellence, the costs incurred by such ‘‘(11) The term ‘September 11, 2001, terrorist mines appropriate. Center that are not otherwise reimbursable by attacks’ means the terrorist attacks that oc- The WTC Program Administrator shall not mod- the WTC Program Administrator under section curred on September 11, 2001, in New York City, ify such eligibility criteria on or after the date 3312(c) for patient evaluation, monitoring, or in Shanksville, Pennsylvania, and at the Pen- that the number of enrollments of WTC respond- treatment but which are needed to operate the tagon, and includes the aftermath of such at- ers has reached 80 percent of the limit described WTC program such as the costs involved in out- tacks. in paragraph (4) or on or after the date that the reach to participants or recruiting participants, ‘‘(12) The term ‘WTC Health Program Steering number of certifications for certified-eligible data collection and analysis, social services for Committee’ means such a Steering Committee es- WTC survivors under section 3321(a)(2)(B) has counseling patients on other available assist- tablished under section 3302(b). reached 80 percent of the limit described in sec- ance outside the WTC program, and the devel- ‘‘(13) The term ‘WTC Program’ means the tion 3321(a)(3). opment of treatment protocols. Such term does Word Trade Center Health Program established ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The eli- not include costs for new construction or other under section 3301(a). gibility criteria described in this paragraph for capital costs. ‘‘(14)(A) The term ‘WTC Program Adminis- an individual is that the individual is described ‘‘(d) GAO ANALYSIS.—Not later than July 1, trator’ means— in any of the following categories: 2011, the Comptroller General shall submit to the ‘‘(i) subject to subparagraph (B), with respect ‘‘(A) FIREFIGHTERS AND RELATED PER- Committee on Energy and Commerce of the to paragraphs (3) and (4) of section 3311(a) (re- SONNEL.—The individual— ‘‘(i) was a member of the Fire Department of House of Representatives and the Committee on lating to enrollment of WTC responders), section New York City (whether fire or emergency per- Health, Education, Labor, and Pensions of the 3312(c) and the corresponding provisions of sec- sonnel, active or retired) who participated at Senate an analysis on whether Clinical Centers tion 3322 (relating to payment for initial health least one day in the rescue and recovery effort of Excellence with which the WTC Program Ad- evaluation, monitoring, and treatment, para- at any of the former World Trade Center sites ministrator enters into a contract under this sec- graphs (1)(C), (2)(B), and (3) of section 3321(a) (including Ground Zero, Staten Island Landfill, tion have financial systems that will allow for (relating to determination or certification of and the New York City Chief Medical Exam- the timely submission of claims data for pur- screening-eligible or certified-eligible WTC reiner’s Office) for any time during the period be- poses of section 3304 and subsections (a)(1)(F) sponders), and part 3 of subtitle B (relating to ginning on September 11, 2001, and ending on and (b)(1)(B)(iii). payor provisions), an official in the Department of Health and Human Services, to be designated July 31, 2002; or ‘‘SEC. 3306. DEFINITIONS. by the Secretary; and ‘‘(ii)(I) is a surviving immediate family mem- ‘‘In this title: ‘‘(ii) with respect to any other provision of ber of an individual who was a member of the ‘‘(1) The term ‘aggravating’ means, with re- this title, the Director of the National Institute Fire Department of New York City (whether fire spect to a health condition, a health condition for Occupational Safety and Health, or a des- or emergency personnel, active or retired) and that existed on September 11, 2001, and that, as ignee of such Director. was killed at the World Trade site on September a result of exposure to airborne toxins, any ‘‘(B) In no case may the Secretary designate 11, 2001; and other hazard, or any other adverse condition re- under subparagraph (A)(i) the Director of the ‘‘(II) received any treatment for a WTC-resulting from the September 11, 2001, terrorist at- National Institute for Occupational Safety and lated health condition described in section tacks, requires medical treatment that is (or will Health or a designee of such Director with re- 3312(a)(1)(A)(ii) (relating to mental health con- be) in addition to, more frequent than, or of spect to section 3322 (relating to payment for ditions) on or before September 1, 2008. longer duration than the medical treatment that initial health evaluation, monitoring, and treat- ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC would have been required for such condition in ment). RESCUE, RECOVERY, AND CLEANUP WORKERS.— the absence of such exposure. ‘‘(15) The term ‘WTC-related health condition’ The individual— ‘‘(2) The term ‘certified-eligible WTC survivor’ is defined in section 3312(a). ‘‘(i) worked or volunteered onsite in rescue, has the meaning given such term in section ‘‘(16) The term ‘WTC responder’ is defined in recovery, debris cleanup, or related support 3321(a)(2). section 3311(a). services in lower Manhattan (south of Canal ‘‘(3) The terms ‘Clinical Center of Excellence’ ‘‘(17) The term ‘WTC Scientific/Technical Ad- St.), the Staten Island Landfill, or the barge and ‘Data Center’ have the meanings given such visory Committee’ means such Committee estab- loading piers, for at least 4 hours during the pe- terms in section 3305. lished under section 3302(a). riod beginning on September 11, 2001, and end- ‘‘(4) The term ‘enrolled WTC responder’ means ing on September 14, 2001, for at least 24 hours a WTC responder enrolled under section ‘‘Subtitle B—Program of Monitoring, Initial during the period beginning on September 11, 3311(a)(3). Health Evaluations, and Treatment 2001, and ending on September 30, 2001, or for at ‘‘(5) The term ‘initial health evaluation’ in- ‘‘PART 1—WTC RESPONDERS least 80 hours during the period beginning on cludes, with respect to an individual, a medical ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- September 11, 2001, and ending on July 31, 2002; and exposure history, a physical examination, ERS AND PROVISION OF WTC-RE- ‘‘(ii)(I) was a member of the Police Depart- and additional medical testing as needed to LATED MONITORING SERVICES. ment of New York City (whether active or reevaluate whether the individual has a WTC-re- ‘‘(a) WTC RESPONDER DEFINED.— tired) or a member of the Port Authority Police

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\A22DE7.018 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8951 of the Port Authority of New York and New Jer- ‘‘(i) WTC responders described in paragraph shall be provided through the Clinical Center of sey (whether active or retired) who participated (1)(A) shall be deemed to be enrolled in such Excellence for the type of individual involved onsite in rescue, recovery, debris cleanup, or re- Program; or, in the case of an individual residing outside lated services in lower Manhattan (south of ‘‘(ii) subject to clause (iii), the Administrator the New York metropolitan area, under an ar- Canal St.), including Ground Zero, the Staten shall enroll in such program individuals who rangement under section 3313. Island Landfill, or the barge loading piers, for are determined to be WTC responders; ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE- at least 4 hours during the period beginning ‘‘(iii) the Administrator shall deny such en- SPONDERS FOR WTC-RELATED September 11, 2001, and ending on September 14, rollment to an individual if the Administrator HEALTH CONDITIONS. 2001; determines that the numerical limitation in ‘‘(a) WTC-RELATED HEALTH CONDITION DE- ‘‘(II) participated onsite in rescue, recovery, paragraph (4) on enrollment of WTC responders FINED.— debris cleanup, or related services at Ground has been met; ‘‘(1) IN GENERAL.—For purposes of this title, Zero, the Staten Island Landfill, or the barge ‘‘(iv) there shall be no fee charged to the ap- the term ‘WTC-related health condition’ means loading piers, for at least one day during the pe- plicant for making an application for such en- a condition that— riod beginning on September 11, 2001, and end- rollment; ‘‘(A)(i) is an illness or health condition for ing on July 31, 2002; ‘‘(v) the Administrator shall make a deter- which exposure to airborne toxins, any other ‘‘(III) participated onsite in rescue, recovery, mination on such an application not later than hazard, or any other adverse condition resulting debris cleanup, or related services in lower Man- 60 days after the date of filing the application; from the September 11, 2001, terrorist attacks, hattan (south of Canal St.) for at least 24 hours and based on an examination by a medical profes- during the period beginning on September 11, ‘‘(vi) an individual who is denied enrollment sional with experience in treating or diagnosing 2001, and ending on September 30, 2001; or in such Program shall have an opportunity to the health conditions included in the applicable ‘‘(IV) participated onsite in rescue, recovery, appeal such determination in a manner estab- list of WTC-related health conditions, is sub- debris cleanup, or related services in lower Man- lished under such process. stantially likely to be a significant factor in ag- hattan (south of Canal St.) for at least 80 hours ‘‘(B) TIMING.— gravating, contributing to, or causing the illness during the period beginning on September 11, ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.—In or health condition, as determined under para- 2001, and ending on July 31, 2002; accordance with subparagraph (A)(i), the WTC graph (2); or ‘‘(iii) was an employee of the Office of the Program Administrator shall enroll an indi- ‘‘(ii) is a mental health condition for which Chief Medical Examiner of New York City in- vidual described in paragraph (1)(A) in the such attacks, based on an examination by a volved in the examination and handling of WTC Program not later than July 1, 2011. medical professional with experience in treating ‘‘(ii) OTHER RESPONDERS.—In accordance with human remains from the World Trade Center at- or diagnosing the health conditions included in subparagraph (A)(ii) and consistent with para- tacks, or other morgue worker who performed the applicable list of WTC-related health condi- graph (4), the WTC Program Administrator shall similar post-September 11 functions for such Of- tions, is substantially likely to be a significant enroll any other individual who is determined to fice staff, during the period beginning on Sep- factor in aggravating, contributing to, or caus- be a WTC responder in the WTC Program at the tember 11, 2001, and ending on July 31, 2002; ing the condition, as determined under para- time of such determination. ‘‘(iv) was a worker in the Port Authority graph (2); and ‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC Trans-Hudson Corporation Tunnel for at least ‘‘(B) is included in the applicable list of WTC- RESPONDERS.— 24 hours during the period beginning on Feb- related health conditions or— ‘‘(A) IN GENERAL.—The total number of indi- ruary 1, 2002, and ending on July 1, 2002; or ‘‘(i) with respect to a WTC responder, is pro- viduals not described in paragraph (1)(A) or vided certification of coverage under subsection ‘‘(v) was a vehicle-maintenance worker who (2)(A)(ii) who may be enrolled under paragraph was exposed to debris from the former World (b)(2)(B)(iii); or (3)(A)(ii) shall not exceed 25,000 at any time, of ‘‘(ii) with respect to a screening-eligible WTC Trade Center while retrieving, driving, cleaning, which no more than 2,500 may be individuals survivor or certified-eligible WTC survivor, is repairing, and maintaining vehicles contami- enrolled based on modified eligibility criteria es- provided certification of coverage under sub- nated by airborne toxins from the September 11, tablished under paragraph (1)(C). section (b)(2)(B)(iii), as applied under section 2001, terrorist attacks during a duration and pe- ‘‘(B) PROCESS.—In implementing subpara- 3322(a). riod described in subparagraph (A). graph (A), the WTC Program Administrator In the case of a WTC responder described in sec- ‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- shall— tion 3311(a)(2)(A)(ii) (relating to a surviving im- TACKS AT THE PENTAGON AND SHANKSVILLE, ‘‘(i) limit the number of enrollments made mediate family member of a firefighter), such PENNSYLVANIA.—The individual— under paragraph (3)— term does not include an illness or health condi- ‘‘(i)(I) was a member of a fire or police depart- ‘‘(I) in accordance with such subparagraph; tion described in subparagraph (A)(i). ment (whether fire or emergency personnel, ac- and ‘‘(2) DETERMINATION.—The determination tive or retired), worked for a recovery or clean- ‘‘(II) to such number, as determined by the under paragraph (1) or subsection (b) of wheth- up contractor, or was a volunteer; and per- Administrator based on the best available infor- er the September 11, 2001, terrorist attacks were formed rescue, recovery, demolition, debris mation and subject to amounts available under substantially likely to be a significant factor in cleanup, or other related services at the Pen- section 3351, that will ensure sufficient funds aggravating, contributing to, or causing an in- tagon site of the terrorist-related aircraft crash will be available to provide treatment and moni- dividual’s illness or health condition shall be of September 11, 2001, during the period begin- toring benefits under this title, with respect to made based on an assessment of the following: ning on September 11, 2001, and ending on the all individuals who are enrolled through the end ‘‘(A) The individual’s exposure to airborne date on which the cleanup of the site was con- of fiscal year 2020; and toxins, any other hazard, or any other adverse cluded, as determined by the WTC Program Ad- ‘‘(ii) provide priority (subject to paragraph condition resulting from the terrorist attacks. ministrator; or (3)(A)(i)) in such enrollments in the order in Such exposure shall be— ‘‘(II) was a member of a fire or police depart- which individuals apply for enrollment under ‘‘(i) evaluated and characterized through the ment (whether fire or emergency personnel, ac- paragraph (3). use of a standardized, population-appropriate tive or retired), worked for a recovery or clean- ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON questionnaire approved by the Director of the up contractor, or was a volunteer; and per- TERRORIST WATCH LIST.—No individual who is National Institute for Occupational Safety and formed rescue, recovery, demolition, debris on the terrorist watch list maintained by the De- Health; and cleanup, or other related services at the partment of Homeland Security shall qualify as ‘‘(ii) assessed and documented by a medical Shanksville, Pennsylvania, site of the terrorist- an eligible WTC responder. Before enrolling any professional with experience in treating or diag- related aircraft crash of September 11, 2001, dur- individual as a WTC responder in the WTC Pro- nosing health conditions included on the list of ing the period beginning on September 11, 2001, gram under paragraph (3), the Administrator, in WTC-related health conditions. and ending on the date on which the cleanup of consultation with the Secretary of Homeland Se- ‘‘(B) The type of symptoms and temporal se- the site was concluded, as determined by the curity, shall determine whether the individual is quence of symptoms. Such symptoms shall be— WTC Program Administrator; and on such list. ‘‘(i) assessed through the use of a standard- ‘‘(ii) is determined by the WTC Program Ad- ‘‘(b) MONITORING BENEFITS.— ized, population-appropriate medical question- ministrator to be at an increased risk of devel- ‘‘(1) IN GENERAL.—In the case of an enrolled naire approved by the Director of the National oping a WTC-related health condition as a re- WTC responder (other than one described in Institute for Occupational Safety and Health sult of exposure to airborne toxins, other haz- subsection (a)(2)(A)(ii)), the WTC Program shall and a medical examination; and ards, or adverse conditions resulting from the provide for monitoring benefits that include ‘‘(ii) diagnosed and documented by a medical September 11, 2001, terrorist attacks, and meets monitoring consistent with protocols approved professional described in subparagraph (A)(ii). such eligibility criteria related to such expo- by the WTC Program Administrator and includ- ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC RE- sures, as the WTC Program Administrator deter- ing clinical examinations and long-term health SPONDERS.—The list of health conditions for mines are appropriate, after consultation with monitoring and analysis. In the case of an en- WTC responders consists of the following: the WTC Scientific/Technical Advisory Com- rolled WTC responder who is an active member ‘‘(A) AERODIGESTIVE DISORDERS.— mittee. of the Fire Department of New York City, the ‘‘(i) Interstitial lung diseases. ‘‘(3) ENROLLMENT PROCESS.— responder shall receive such benefits as part of ‘‘(ii) Chronic respiratory disorder—fumes/va- ‘‘(A) IN GENERAL.—The WTC Program Admin- the individual’s periodic company medical pors. istrator shall establish a process for enrolling exams. ‘‘(iii) Asthma. WTC responders in the WTC Program. Under ‘‘(2) PROVISION OF MONITORING BENEFITS.— ‘‘(iv) Reactive airways dysfunction syndrome such process— The monitoring benefits under paragraph (1) (RADS).

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 6333 E:\CR\FM\A22DE7.018 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8952 CONGRESSIONAL RECORD — HOUSE December 22, 2010 ‘‘(v) WTC-exacerbated chronic obstructive nation for such determination in the Federal vating, contributing to, or causing the condi- pulmonary disease (COPD). Register. Any such determination to not make tion— ‘‘(vi) Chronic cough syndrome. such an addition shall not preclude the addition ‘‘(i) the physician shall promptly transmit ‘‘(vii) Upper airway hyperreactivity. of cancer or the certain type of cancer to such such determination to the WTC Program Admin- ‘‘(viii) Chronic rhinosinusitis. list at a later date. istrator and provide the Administrator with the ‘‘(ix) Chronic nasopharyngitis. ‘‘(6) ADDITION OF HEALTH CONDITIONS TO LIST medical facts supporting such determination; ‘‘(x) Chronic laryngitis. FOR WTC RESPONDERS.— and ‘‘(xi) Gastroesophageal reflux disorder ‘‘(A) IN GENERAL.—Whenever the WTC Pro- ‘‘(ii) on and after the date of such transmittal (GERD). gram Administrator determines that a proposed and subject to subparagraph (B), the WTC Pro- ‘‘(xii) Sleep apnea exacerbated by or related to rule should be promulgated to add a health con- gram shall provide for payment under sub- a condition described in a previous clause. dition to the list of health conditions in para- section (c) for medically necessary treatment for ‘‘(B) MENTAL HEALTH CONDITIONS.— graph (3), the Administrator may request a rec- such condition. ‘‘(i) Posttraumatic stress disorder (PTSD). ommendation of the Advisory Committee or may ‘‘(B) REVIEW; CERTIFICATION; APPEALS.— ‘‘(ii) Major depressive disorder. publish such a proposed rule in the Federal ‘‘(i) REVIEW.—A Federal employee designated ‘‘(iii) Panic disorder. Register in accordance with subparagraph (D). by the WTC Program Administrator shall review ‘‘(iv) Generalized anxiety disorder. ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- determinations made under subparagraph (A). ‘‘(v) Anxiety disorder (not otherwise speci- CEIPT OF PETITION.—In the case that the WTC ‘‘(ii) CERTIFICATION.—The Administrator shall fied). Program Administrator receives a written peti- provide a certification of such condition based ‘‘(vi) Depression (not otherwise specified). tion by an interested party to add a health con- upon reviews conducted under clause (i). Such a ‘‘(vii) Acute stress disorder. dition to the list of health conditions in para- certification shall be provided unless the Admin- ‘‘(viii) Dysthymic disorder. graph (3), not later than 60 days after the date istrator determines that the responder’s condi- ‘‘(ix) Adjustment disorder. of receipt of such petition the Administrator tion is not a WTC-related health condition in ‘‘(x) Substance abuse. shall— the list in subsection (a)(3) or that exposure to ‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- ‘‘(i) request a recommendation of the Advisory airborne toxins, other hazards, or adverse condi- TAIN WTC RESPONDERS.—In the case of a WTC Committee; tions resulting from the September 1, 2001, ter- responder described in paragraph (4), a condi- ‘‘(ii) publish a proposed rule in the Federal rorist attacks is not substantially likely to be a tion described in such paragraph. Register to add such health condition, in ac- significant factor in aggravating, contributing ‘‘(D) ADDITIONAL CONDITIONS.—Any cancer cordance with subparagraph (D); to, or causing the condition. (or type of cancer) or other condition added, ‘‘(iii) publish in the Federal Register the Ad- ‘‘(iii) APPEAL PROCESS.—The Administrator pursuant to paragraph (5) or (6), to the list ministrator’s determination not to publish such shall establish, by rule, a process for the appeal under this paragraph. a proposed rule and the basis for such deter- of determinations under clause (ii). ‘‘(4) MUSCULOSKELETAL DISORDERS.— mination; or ‘‘(2) DETERMINATION BASED ON MEDICALLY AS- ‘‘(A) IN GENERAL.—For purposes of this title, ‘‘(iv) publish in the Federal Register a deter- SOCIATED WTC-RELATED HEALTH CONDITIONS.— in the case of a WTC responder who received mination that insufficient evidence exists to ‘‘(A) IN GENERAL.—If a physician at a Clinical any treatment for a WTC-related musculo- take action under clauses (i) through (iii). Center of Excellence determines pursuant to skeletal disorder on or before September 11, 2003, ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In the subsection (a) that the enrolled WTC responder the list of health conditions in paragraph (3) case that the Administrator requests a rec- has a health condition described in subsection shall include: ommendation of the Advisory Committee under (a)(1)(A) that is not in the list in subsection ‘‘(i) Low back pain. this paragraph, with respect to adding a health (a)(3) but which is medically associated with a ‘‘(ii) Carpal tunnel syndrome (CTS). condition to the list in paragraph (3), the Advi- WTC-related health condition— ‘‘(iii) Other musculoskeletal disorders. sory Committee shall submit to the Adminis- ‘‘(i) the physician shall promptly transmit ‘‘(B) DEFINITION.—The term ‘WTC-related trator such recommendation not later than 60 such determination to the WTC Program Admin- musculoskeletal disorder’ means a chronic or re- days after the date of such request or by such istrator and provide the Administrator with the current disorder of the musculoskeletal system date (not to exceed 180 days after such date of facts supporting such determination; and caused by heavy lifting or repetitive strain on request) as specified by the Administrator. Not ‘‘(ii) the Administrator shall make a deter- the joints or musculoskeletal system occurring later than 60 days after the date of receipt of mination under subparagraph (B) with respect during rescue or recovery efforts in the New such recommendation, the Administrator shall, to such physician’s determination. York City disaster area in the aftermath of the in accordance with subparagraph (D), publish ‘‘(B) PROCEDURES FOR REVIEW, CERTIFICATION, September 11, 2001, terrorist attacks. in the Federal Register a proposed rule with re- AND APPEAL.—The WTC Program Administrator ‘‘(5) CANCER.— spect to such recommendation or a determina- shall, by rule, establish procedures for the re- ‘‘(A) IN GENERAL.—The WTC Program Admin- tion not to propose such a proposed rule and the view and certification of physician determina- istrator shall periodically conduct a review of basis for such determination. tions under subparagraph (A). Such rule shall all available scientific and medical evidence, in- ‘‘(D) PUBLICATION.—The WTC Program Ad- provide for— cluding findings and recommendations of Clin- ministrator shall, with respect to any proposed ‘‘(i) the timely review of such a determination ical Centers of Excellence, published in peer-re- rule under this paragraph— by a physician panel with appropriate expertise viewed journals to determine if, based on such ‘‘(i) publish such proposed rule in accordance for the condition and recommendations to the evidence, cancer or a certain type of cancer with section 553 of title 5, United States Code; WTC Program Administrator; should be added to the applicable list of WTC- and ‘‘(ii) not later than 60 days after the date of related health conditions. The WTC Program ‘‘(ii) provide interested parties a period of 30 the transmittal under subparagraph (A)(i), a de- Administrator shall conduct the first review days after such publication to submit written termination by the WTC Program Administrator under this subparagraph not later than 180 days comments on the proposed rule. on whether or not the condition involved is de- after the date of the enactment of this title. The WTC Program Administrator may extend scribed in subsection (a)(1)(A) and is medically ‘‘(B) PROPOSED REGULATIONS AND RULE- the period described in clause (ii) upon a finding associated with a WTC-related health condition; MAKING.—Based on the periodic reviews under of good cause. In the case of such an extension, ‘‘(iii) certification in accordance with para- subparagraph (A), if the WTC Program Admin- the Administrator shall publish such extension graph (1)(B)(ii) of coverage of such condition if istrator determines that cancer or a certain type in the Federal Register. determined to be described in subsection of cancer should be added to such list of WTC- ‘‘(E) INTERESTED PARTY DEFINED.—For pur- (a)(1)(A) and medically associated with a WTC- related health conditions, the WTC Program Ad- poses of this paragraph, the term ‘interested related health condition; and ministrator shall propose regulations, through party’ includes a representative of any organi- ‘‘(iv) a process for appeals of determinations rulemaking, to add cancer or the certain type of zation representing WTC responders, a nation- relating to such conditions. cancer to such list. ally recognized medical association, a Clinical ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI- ‘‘(C) FINAL REGULATIONS.—Based on all the or Data Center, a State or political subdivision, TIONS.—If the WTC Program Administrator pro- available evidence in the rulemaking record, the or any other interested person. vides certification under subparagraph (B)(iii) WTC Program Administrator shall make a final ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- for coverage of a condition, the Administrator determination of whether cancer or a certain LATED HEALTH CONDITIONS.— may, pursuant to subsection (a)(6), add the con- type of cancer should be added to such list of ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- dition to the list in subsection (a)(3). WTC-related health conditions. If such a deter- SPONDERS BASED ON A WTC-RELATED HEALTH ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN- mination is made to make such an addition, the CONDITION.— CLUSION IN LIST.—If the WTC Program Adminis- WTC Program Administrator shall by regulation ‘‘(A) IN GENERAL.—If a physician at a Clinical trator publishes a determination under sub- add cancer or the certain type of cancer to such Center of Excellence that is providing moni- section (a)(6)(B) not to include a condition in list. toring benefits under section 3311 for an en- the list in subsection (a)(3), the WTC Program ‘‘(D) DETERMINATIONS NOT TO ADD CANCER OR rolled WTC responder makes a determination Administrator shall not provide certification CERTAIN TYPES OF CANCER.—In the case that the that the responder has a WTC-related health under subparagraph (B)(iii) for coverage of the WTC Program Administrator determines under condition that is in the list in subsection (a)(3) condition. In the case of an individual who is subparagraph (B) or (C) that cancer or a certain and that exposure to airborne toxins, other haz- certified under subparagraph (B)(iii) with re- type of cancer should not be added to such list ards, or adverse conditions resulting from the spect to such condition before the date of the of WTC-related health conditions, the WTC Pro- September 1, 2001, terrorist attacks is substan- publication of such determination the previous gram Administrator shall publish an expla- tially likely to be a significant factor in aggra- sentence shall not apply.

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‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— ‘‘(B) PHARMACEUTICALS.— dividuals who are enrolled WTC responders, ‘‘(A) IN GENERAL.—In providing treatment for ‘‘(i) IN GENERAL.—The WTC Program Admin- screening-eligible WTC survivors, or certified-el- a WTC-related health condition, a physician or istrator shall establish a program for paying for igible WTC survivors and who reside in any other provider shall provide treatment that is the medically necessary outpatient prescription State, as defined in section 2(f), outside the New medically necessary and in accordance with pharmaceuticals prescribed under this title for York metropolitan area, the WTC Program Ad- medical treatment protocols established under WTC-related health conditions through one or ministrator shall establish a nationwide network subsection (d). more contracts with outside vendors. of health care providers to provide monitoring ‘‘(B) REGULATIONS RELATING TO MEDICAL NE- ‘‘(ii) COMPETITIVE BIDDING.—Under such pro- and treatment benefits and initial health eval- CESSITY.—For the purpose of this title, the WTC gram the Administrator shall— uations near such individuals’ areas of resi- Program Administrator shall issue regulations ‘‘(I) select one or more appropriate vendors dence in such States. Nothing in this subsection specifying a standard for determining medical through a Federal competitive bid process; and shall be construed as preventing such individ- ‘‘(II) select the lowest bidder (or bidders) meet- necessity with respect to health care services uals from being provided such monitoring and ing the requirements for providing pharma- and prescription pharmaceuticals, a process for treatment benefits or initial health evaluation ceutical benefits for participants in the WTC determining whether treatment furnished and through any Clinical Center of Excellence. Program. pharmaceuticals prescribed under this title meet ‘‘(b) NETWORK REQUIREMENTS.—Any health ‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— such standard (including any prior authoriza- care provider participating in the network tion requirement), and a process for appeal of a Under such program the Administrator may enter into an agreement with a separate vendor under subsection (a) shall— determination under subsection (c)(3). ‘‘(1) meet criteria for credentialing established to provide pharmaceutical benefits to enrolled ‘‘(4) SCOPE OF TREATMENT COVERED.— by the Data Centers; WTC responders for whom the Clinical Center of ‘‘(A) IN GENERAL.—The scope of treatment ‘‘(2) follow the monitoring, initial health eval- Excellence is described in section 3305 if such an covered under this subsection includes services uation, and treatment protocols developed under arrangement is deemed necessary and beneficial of physicians and other health care providers, section 3305(a)(2)(A)(ii); diagnostic and laboratory tests, prescription to the program by the WTC Program Adminis- ‘‘(3) collect and report data in accordance drugs, inpatient and outpatient hospital serv- trator. with section 3304; and HARMACEUTICALS.—Not later than July ices, and other medically necessary treatment. ‘‘(iv) P ‘‘(4) meet such fraud, quality assurance, and HARMACEUTICAL COVERAGE.—With re- 1, 2011, the Comptroller General of the United ‘‘(B) P other requirements as the WTC Program Admin- spect to ensuring coverage of medically nec- States shall submit to the Committee on Energy istrator establishes, including sections 1128 essary outpatient prescription drugs, such drugs and Commerce of the House of Representatives through 1128E of the Social Security Act, as ap- shall be provided, under arrangements made by and the Committee on Health, Education, plied by section 3301(d). the WTC Program Administrator, directly Labor, and Pensions of the Senate a report on ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.— through participating Clinical Centers of Excel- whether existing Federal pharmaceutical pur- The WTC Program Administer may provide, in- lence or through one or more outside vendors. chasing programs can provide pharmaceutical cluding through contract, for the provision of ‘‘(C) TRANSPORTATION EXPENSES FOR NATION- benefits more efficiently and effectively than training and technical assistance to health care WIDE NETWORK.—The WTC Program Adminis- through the WTC program. providers participating in the network under trator may provide for necessary and reasonable ‘‘(C) IMPROVING QUALITY AND EFFICIENCY subsection (a). transportation and expenses incident to the se- THROUGH MODIFICATION OF PAYMENT AMOUNTS ‘‘(d) PROVISION OF SERVICES THROUGH THE curing of medically necessary treatment through AND METHODOLOGIES.—The WTC Program Ad- VA.— the nationwide network under section 3313 in- ministrator may modify the amounts and meth- ‘‘(1) IN GENERAL.—The WTC Program Admin- volving travel of more than 250 miles and for odologies for making payments for initial health istrator may enter into an agreement with the which payment is made under this section in the evaluations, monitoring, or treatment, if, taking Secretary of Veterans Affairs for the Secretary same manner in which individuals may be fur- into account utilization and quality data fur- to provide services under this section through nished necessary and reasonable transportation nished by the Clinical Centers of Excellence facilities of the Department of Veterans Affairs. and expenses incident to services involving trav- under section 3305(b)(1)(B)(iii), the Adminis- ‘‘(2) NATIONAL PROGRAM.—Not later than July el of more than 250 miles under regulations im- trator determines that a bundling, capitation, 1, 2011, the Comptroller General of the United plementing section 3629(c) of the Energy Em- pay for performance, or other payment method- States shall submit to the Committee on Energy ployees Occupational Illness Compensation Pro- ology would better ensure high quality and effi- and Commerce of the House of Representatives gram Act of 2000 (title XXXVI of Public Law cient delivery of initial health evaluations, mon- and the Committee on Health, Education, 106–398; 42 U.S.C. 7384t(c)). itoring, or treatment to an enrolled WTC re- Labor, and Pensions of the Senate a report on ‘‘(5) PROVISION OF TREATMENT PENDING CER- sponder, screening-eligible WTC survivor, or cer- whether the Department of Veterans Affairs can TIFICATION.—With respect to an enrolled WTC tified-eligible WTC survivor. provide monitoring and treatment services to in- responder for whom a determination is made by ‘‘(2) MONITORING AND INITIAL HEALTH EVALUA- dividuals under this section more efficiently and an examining physician under paragraph (1) or TION.—The WTC Program Administrator shall effectively than through the nationwide net- (2), but for whom the WTC Program Adminis- reimburse the costs of monitoring and the costs work to be established under subsection (a). trator has not yet determined whether to certify of an initial health evaluation provided under the determination, the WTC Program Adminis- this title at a rate set by the Administrator by ‘‘PART 2—WTC SURVIVORS trator may establish by rule a process through regulation. ‘‘SEC. 3321. IDENTIFICATION AND INITIAL which the Administrator may approve the provi- ‘‘(3) DETERMINATION OF MEDICAL NECESSITY.— HEALTH EVALUATION OF SCREEN- sion of medical treatment under this subsection ‘‘(A) REVIEW OF MEDICAL NECESSITY AND PRO- ING-ELIGIBLE AND CERTIFIED-ELIGI- BLE WTC SURVIVORS. (and payment under subsection (c)) with respect TOCOLS.—As part of the process for reimburse- ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE to such responder and such responder’s WTC-re- ment or payment under this subsection, the WTC SURVIVORS AND CERTIFIED-ELIGIBLE WTC lated health condition (under such terms and WTC Program Administrator shall provide for SURVIVORS.— conditions as the Administrator may provide) the review of claims for reimbursement or pay- ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.— until the Administrator makes a decision on ment for the provision of medical treatment to ‘‘(A) DEFINITION.—In this title, the term whether to certify the determination. determine if such treatment is medically nec- ‘screening-eligible WTC survivor’ means, subject ‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- essary and in accordance with medical treat- to subparagraph (C) and paragraph (3), an indi- TION, MONITORING, AND TREATMENT OF WTC- ment protocols established under subsection (d). vidual who is described in any of the following RELATED HEALTH CONDITIONS.— ‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- ‘‘(1) MEDICAL TREATMENT.— CALLY UNNECESSARY TREATMENT.—The Adminis- clauses: ‘‘(A) USE OF FECA PAYMENT RATES.— trator shall withhold such reimbursement or ‘‘(i) CURRENTLY IDENTIFIED SURVIVOR.—An in- ‘‘(i) IN GENERAL.—Subject to clause (ii): payment for treatment that the Administrator dividual, including a WTC responder, who has ‘‘(I) Subject to subparagraphs (B) and (C), the determines is not medically necessary or is not been identified as eligible for medical treatment WTC Program Administrator shall reimburse in accordance with such medical treatment pro- and monitoring by the WTC Environmental costs for medically necessary treatment under tocols. Health Center as of the date of enactment of this title for WTC-related health conditions ac- ‘‘(d) MEDICAL TREATMENT PROTOCOLS.— this title. cording to the payment rates that would apply ‘‘(1) DEVELOPMENT.—The Data Centers shall ‘‘(ii) SURVIVOR WHO MEETS CURRENT ELIGI- to the provision of such treatment and services develop medical treatment protocols for the BILITY CRITERIA.—An individual who is not a by the facility under the Federal Employees treatment of enrolled WTC responders and cer- WTC responder, for purposes of the initial Compensation Act. tified-eligible WTC survivors for health condi- health evaluation under subsection (b), claims ‘‘(II) For treatment not covered under sub- tions included in the applicable list of WTC-re- symptoms of a WTC-related health condition clause (i) or subparagraph (B), the WTC Pro- lated health conditions. and meets any of the current eligibility criteria gram Administrator shall establish by regulation ‘‘(2) APPROVAL.—The medical treatment pro- described in subparagraph (B). a reimbursement rate for such treatment. tocols developed under paragraph (1) shall be ‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI- ‘‘(ii) EXCEPTION.—In no case shall payments subject to approval by the WTC Program Ad- BILITY CRITERIA.—An individual who is not a for products or services under clause (i) be made ministrator. WTC responder, for purposes of the initial at a rate higher than the Office of Worker’s ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- health evaluation under subsection (b), claims Compensation Programs in the Department FITS FOR ELIGIBLE INDIVIDUALS symptoms of a WTC-related health condition Labor would pay for such products or services OUTSIDE NEW YORK. and meets such eligibility criteria relating to ex- rendered at the time such products or services ‘‘(a) IN GENERAL.—In order to ensure reason- posure to airborne toxins, other hazards, or ad- were provided. able access to benefits under this subtitle for in- verse conditions resulting from the September 11,

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2001, terrorist attacks as the WTC Administrator ‘‘(ii) WRITTEN DOCUMENTATION OF SCREENING- ‘‘(b) INITIAL HEALTH EVALUATION TO DETER- determines, after consultation with the Data ELIGIBILITY.— MINE ELIGIBILITY FOR FOLLOWUP MONITORING Centers described in section 3305 and the WTC ‘‘(I) IN GENERAL.—In the case of an individual OR TREATMENT.— Scientific/Technical Advisory Committee and who is described in subparagraph (A)(i) or who ‘‘(1) IN GENERAL.—In the case of a screening- WTC Health Program Steering Committees is determined under clause (i) (consistent with eligible WTC survivor, the WTC Program shall under section 3302. paragraph (3)) to be a screening-eligible WTC provide for an initial health evaluation to deter- The Administrator shall not modify such criteria survivor, the WTC Program Administrator shall mine if the survivor has a WTC-related health under clause (iii) on or after the date that the provide an appropriate written documentation condition and is eligible for followup monitoring number of certifications for certified-eligible of such fact. and treatment benefits under the WTC Program. WTC survivors under paragraph (2)(B) has ‘‘(II) TIMING.— Initial health evaluation protocols under section reached 80 percent of the limit described in ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.—In 3305(a)(2)(A)(ii) shall be subject to approval by paragraph (3) or on or after the date that the the case of an individual who is described in the WTC Program Administrator. number of enrollments of WTC responders has subparagraph (A)(i), the WTC Program Admin- ‘‘(2) INITIAL HEALTH EVALUATION PRO- reached 80 percent of the limit described in sec- istrator shall provide the written documentation VIDERS.—The initial health evaluation described tion 3311(a)(4). under subclause (I) not later than July 1, 2011. in paragraph (1) shall be provided through a ‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The eli- ‘‘(bb) OTHER MEMBERS.—In the case of an- Clinical Center of Excellence with respect to the gibility criteria described in this subparagraph other individual who is determined under clause individual involved. for an individual are that the individual is de- (i) and consistent with paragraph (3) to be a ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA- scribed in any of the following clauses: screening-eligible WTC survivor, the WTC Pro- TION BENEFITS.—Benefits for an initial health ‘‘(i) A person who was present in the New gram Administrator shall provide the written evaluation under this part for a screening-eligi- York City disaster area in the dust or dust cloud documentation under subclause (I) at the time ble WTC survivor shall consist only of a single on September 11, 2001. of such determination. medical initial health evaluation consistent with ‘‘(ii) A person who worked, resided, or at- ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— initial health evaluation protocols described in ‘‘(A) DEFINITION.—The term ‘certified-eligible tended school, childcare, or adult daycare in the paragraph (1). Nothing in this paragraph shall WTC survivor’ means, subject to paragraph (3), New York City disaster area for— be construed as preventing such an individual a screening-eligible WTC survivor who the WTC ‘‘(I) at least 4 days during the 4-month period from seeking additional medical initial health Program Administrator certifies under subpara- beginning on September 11, 2001, and ending on evaluations at the expense of the individual. January 10, 2002; or graph (B) to be eligible for followup monitoring and treatment under this part. ‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT- ‘‘(II) at least 30 days during the period begin- MENT OF CERTIFIED-ELIGIBLE WTC ‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MONI- ning on September 11, 2001, and ending on July SURVIVORS FOR WTC-RELATED TORING AND TREATMENT.— 31, 2002. HEALTH CONDITIONS. ‘‘(i) IN GENERAL.—The WTC Program Admin- ‘‘(iii) Any person who worked as a cleanup ‘‘(a) IN GENERAL.—Subject to subsection (b), istrator shall establish a certification process worker or performed maintenance work in the the provisions of sections 3311 and 3312 shall under which the Administrator shall provide ap- New York City disaster area during the 4-month apply to followup monitoring and treatment of propriate certification to screening-eligible WTC period described in subparagraph (B)(i) and had WTC-related health conditions for certified-eli- survivors who, pursuant to the initial health extensive exposure to WTC dust as a result of gible WTC survivors in the same manner as such evaluation under subsection (b), are determined such work. provisions apply to the monitoring and treat- to be eligible for followup monitoring and treat- ‘‘(iv) A person who was deemed eligible to re- ment of WTC-related health conditions for en- ment under this part. ceive a grant from the Lower Manhattan Devel- ‘‘(ii) TIMING.— rolled WTC responders. opment Corporation Residential Grant Program, ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI- who possessed a lease for a residence or pur- the case of an individual who is described in TIONS FOR SURVIVORS.—The list of health condi- chased a residence in the New York City dis- paragraph (1)(A)(i), the WTC Program Adminis- tions for screening-eligible WTC survivors and aster area, and who resided in such residence trator shall provide the certification under certified-eligible WTC survivors consists of the during the period beginning on September 11, clause (i) not later than July 1, 2011. following: 2001, and ending on May 31, 2003. ‘‘(II) OTHER MEMBERS.—In the case of an- ‘‘(1) AERODIGESTIVE DISORDERS.— ‘‘(v) A person whose place of employment— other individual who is determined under clause ‘‘(A) Interstitial lung diseases. ‘‘(I) at any time during the period beginning (i) to be eligible for followup monitoring and ‘‘(B) Chronic respiratory disorder—fumes/va- on September 11, 2001, and ending on May 31, treatment, the WTC Program Administrator pors. 2003, was in the New York City disaster area; shall provide the certification under such clause ‘‘(C) Asthma. and at the time of such determination. ‘‘(D) Reactive airways dysfunction syndrome ‘‘(II) was deemed eligible to receive a grant ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED-ELI- (RADS). from the Lower Manhattan Development Cor- GIBLE WTC SURVIVORS.— ‘‘(E) WTC-exacerbated chronic obstructive poration WTC Small Firms Attraction and Re- ‘‘(A) IN GENERAL.—The total number of indi- pulmonary disease (COPD). tention Act program or other government incen- viduals not described in paragraph (1)(A)(i) who ‘‘(F) Chronic cough syndrome. tive program designed to revitalize the lower may be certified as certified-eligible WTC sur- ‘‘(G) Upper airway hyperreactivity. Manhattan economy after the September 11, vivors under paragraph (2)(B) shall not exceed ‘‘(H) Chronic rhinosinusitis. 2001, terrorist attacks. 25,000 at any time. ‘‘(I) Chronic nasopharyngitis. ‘‘(C) APPLICATION AND DETERMINATION PROC- ‘‘(B) PROCESS.—In implementing subpara- ‘‘(J) Chronic laryngitis. ESS FOR SCREENING ELIGIBILITY.— graph (A), the WTC Program Administrator ‘‘(K) Gastroesophageal reflux disorder ‘‘(i) IN GENERAL.—The WTC Program Admin- shall— (GERD). istrator in consultation with the Data Centers ‘‘(i) limit the number of certifications provided ‘‘(L) Sleep apnea exacerbated by or related to shall establish a process for individuals, other under paragraph (2)(B)— a condition described in a previous clause. than individuals described in subparagraph ‘‘(I) in accordance with such subparagraph; ‘‘(2) MENTAL HEALTH CONDITIONS.— (A)(i), to be determined to be screening-eligible and ‘‘(A) Posttraumatic stress disorder (PTSD). WTC survivors. Under such process— ‘‘(II) to such number, as determined by the ‘‘(B) Major depressive disorder. ‘‘(I) there shall be no fee charged to the appli- Administrator based on the best available infor- ‘‘(C) Panic disorder. cant for making an application for such deter- mation and subject to amounts made available ‘‘(D) Generalized anxiety disorder. mination; under section 3351, that will ensure sufficient ‘‘(E) Anxiety disorder (not otherwise speci- ‘‘(II) the Administrator shall make a deter- funds will be available to provide treatment and fied). mination on such an application not later than monitoring benefits under this title, with respect ‘‘(F) Depression (not otherwise specified). 60 days after the date of filing the application; to all individuals receiving such certifications ‘‘(G) Acute stress disorder. ‘‘(III) the Administrator shall make such a de- through the end of fiscal year 2020; and ‘‘(H) Dysthymic disorder. termination relating to an applicant’s compli- ‘‘(ii) provide priority in such certifications in ‘‘(I) Adjustment disorder. ance with this title and shall not determine that the order in which individuals apply for a deter- ‘‘(J) Substance abuse. an individual is not so eligible or deny written mination under paragraph (2)(B). ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer (or documentation under clause (ii) to such indi- ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON type of cancer) or other condition added to the vidual unless the Administrator determines TERRORIST WATCH LIST.—No individual who is list in section 3312(a)(3) pursuant to paragraph that— on the terrorist watch list maintained by the De- (5) or (6) of section 3312(a), as such provisions ‘‘(aa) based on the application submitted, the partment of Homeland Security shall qualify as are applied under subsection (a) with respect to individual does not meet the eligibility criteria; a screening-eligible WTC survivor or a certified- certified-eligible WTC survivors. or eligible WTC survivor. Before determining any ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT- ‘‘(bb) the numerical limitation on certifi- individual to be a screening-eligible WTC sur- MENT OF OTHER INDIVIDUALS WITH cations of certified-eligible WTC survivors set vivor under paragraph (1) or certifying any in- WTC-RELATED HEALTH CONDITIONS. forth in paragraph (3) has been met; and dividual as a certified eligible WTC survivor ‘‘(a) IN GENERAL.—Subject to subsection (c), ‘‘(IV) an individual who is determined not to under paragraph (2), the Administrator, in con- the provisions of section 3322 shall apply to the be a screening-eligible WTC survivor shall have sultation with the Secretary of Homeland Secu- followup monitoring and treatment of WTC-re- an opportunity to appeal such determination in rity, shall determine whether the individual is lated health conditions in the case of individ- a manner established under such process. on such list. uals described in subsection (b) in the same

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\A22DE7.019 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8955 manner as such provisions apply to the followup such condition through any public or private amount required for any calendar quarter by monitoring and treatment of WTC-related health plan (including health benefits under the day specified in subparagraph (D), interest health conditions for certified-eligible WTC sur- title XVIII, XIX, or XXI of the Social Security shall accrue on the amount not so paid at the vivors. Act) the provisions of section 1862(b) of the So- rate (determined by the Administrator) based on ‘‘(b) INDIVIDUALS DESCRIBED.—An individual cial Security Act shall apply to such a health the average yield to maturity, plus 1 percentage described in this subsection is an individual plan and such individual in the same manner as point, on outstanding municipal bonds issued by who, regardless of location of residence— they apply to group health plan and an indi- New York City with a remaining maturity of at ‘‘(1) is not an enrolled WTC responder or a vidual entitled to benefits under title XVIII of least 1 year. certified-eligible WTC survivor; and such Act pursuant to section 226(a) of such Act. ‘‘(ii) RECOVERY OF AMOUNTS OWED.—The ‘‘(2) is diagnosed at a Clinical Center of Excel- Any costs for items and services covered under amounts owed to the WTC Program Adminis- lence with a WTC-related health condition for such plan that are not reimbursed by such trator under such contract shall be recoverable certified-eligible WTC survivors. health plan, due to the application of by the United States in an action in the same ‘‘(c) LIMITATION.— deductibles, copayments, coinsurance, other cost manner as payments made under title XVIII of ‘‘(1) IN GENERAL.—The WTC Program Admin- sharing, or otherwise, are reimbursable under the Social Security Act may be recoverable in an istrator shall limit benefits for any fiscal year this title to the extent that they are covered action brought under section 1862(b)(2)(B)(iii) of under subsection (a) in a manner so that pay- under the WTC Program. The program under such Act. ments under this section for such fiscal year do this title shall not be treated as a legally liable ‘‘(F) DEPOSIT IN FUND.—The WTC Program not exceed the amount specified in paragraph party for purposes of applying section Administer shall deposit amounts paid under (2) for such fiscal year. 1902(a)(25) of the Social Security Act. such contract into the World Trade Center ‘‘(2) LIMITATION.—The amount specified in ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— Health Program Fund under section 3351. this paragraph for— Nothing in paragraph (1) shall be construed as ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF ‘‘(A) the last calendar quarter of fiscal year requiring an entity providing monitoring and MONITORING AND TREATMENT COSTS.—With re- 2011 is $5,000,000; treatment under this title to seek reimbursement spect to each calendar quarter for which a con- ‘‘(B) fiscal year 2012 is $20,000,000; or under a health plan with which the entity has tribution is required by New York City under ‘‘(C) a succeeding fiscal year is the amount no contract for reimbursement. the contract under paragraph (1), the WTC Pro- specified in this paragraph for the previous fis- ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- gram Administrator shall— cal year increased by the annual percentage in- SENTIAL COVERAGE.—No payment may be made ‘‘(A) provide New York City with an estimate crease in the medical care component of the con- for monitoring and treatment under this title for of such amount of the required contribution at sumer price index for all urban consumers. an individual for a month (beginning with July the beginning of such quarter and with an up- ‘‘PART 3—PAYOR PROVISIONS 2014) if with respect to such month the indi- dated estimate of such amount at the beginning of each of the subsequent 2 quarters; ‘‘SEC. 3331. PAYMENT OF CLAIMS. vidual— ‘‘(A) is an applicable individual (as defined in ‘‘(B) bill such amount directly to New York ‘‘(a) IN GENERAL.—Except as provided in sub- subsection (d) of section 5000A of Internal Rev- City; and sections (b) and (c), the cost of monitoring and enue Code of 1986) for whom the exemption ‘‘(C) certify periodically, for purposes of this treatment benefits and initial health evaluation under subsection (e) of such section does not subsection, whether or not New York City has benefits provided under parts 1 and 2 of this apply; and paid the amount so billed. subtitle shall be paid for by the WTC Program ‘‘(B) is not covered under minimum essential from the World Trade Center Health Program Such amount shall initially be estimated by the coverage, as required under subsection (a) of Fund. WTC Program Administrator and shall be sub- such section. ‘‘(b) WORKERS’ COMPENSATION PAYMENT.— ject to adjustment and reconciliation based ‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK ‘‘(1) IN GENERAL.—Subject to paragraph (2), upon actual expenditures in carrying out this CITY IN PROGRAM COSTS.— payment for treatment under parts 1 and 2 of title. ‘‘(1) CONTRACT REQUIREMENT.— ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this this subtitle of a WTC-related health condition ‘‘(A) IN GENERAL.—No funds may be disbursed of an individual that is work-related shall be re- subsection shall be construed as authorizing the from the World Trade Center Health Program WTC Administrator, with respect to a fiscal duced or recouped to the extent that the WTC Fund under section 3351 unless New York City Program Administrator determines that payment year, to reduce the numerical limitation under has entered into a contract with the WTC Pro- section 3311(a)(4) or 3321(a)(3) for such fiscal has been made, or can reasonably be expected to gram Administrator under which New York City be made, under a workers’ compensation law or year if New York City fails to comply with para- agrees, in a form and manner specified by the graph (1) for a calendar quarter in such fiscal plan of the United States, a State, or a locality, Administrator, to pay the full contribution de- or other work-related injury or illness benefit year. scribed in subparagraph (B) in accordance with ‘‘(e) WORK-RELATED DESCRIBED.—For the plan of the employer of such individual, for this subsection on a timely basis, plus any inter- such treatment. The provisions of clauses (iii), purposes of this section, a WTC-related health est owed pursuant to subparagraph (E)(i). Such condition shall be treated as a condition that is (iv), (v), and (vi) of paragraph (2)(B) of section contract shall specify the terms under which 1862(b) of the Social Security Act and para- work-related if— New York City shall be considered to have made ‘‘(1) the condition is diagnosed in an enrolled graphs (3) and (4) of such section shall apply to the full payment required for a quarter for pur- the recoupment under this subsection of a pay- WTC responder, or in an individual who quali- poses of subsection (b)(2). fies as a certified-eligible WTC survivor on the ment to the WTC Program (with respect to a ‘‘(B) FULL CONTRIBUTION AMOUNT.—Under workers’ compensation law or plan, or other basis of being a rescue, recovery, or cleanup such contract, with respect to the last calendar worker; or work-related injury or illness plan of the em- quarter of fiscal year 2011 and each calendar ployer involved, and such individual) in the ‘‘(2) with respect to the condition the indi- quarter in fiscal years 2012 through 2015 the full vidual has filed and had established a claim same manner as such provisions apply to the re- contribution amount under this subparagraph imbursement of a payment under section under a workers’ compensation law or plan of shall be equal to 10 percent of the expenditures the United States or a State, or other work-re- 1862(b)(2) of such Act to the Secretary (with rein carrying out this title for the respective quar- spect to such a law or plan and an individual lated injury or illness benefit plan of the em- ter and with respect to calendar quarters in fis- ployer of such individual. entitled to benefits under title XVIII of such cal year 2016, such full contribution amount Act) except that any reference in such para- 1 ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU- shall be equal to ⁄9 of the Federal expenditures THORITY. graph (4) to payment rates under title XVIII of in carrying out this title for the respective quar- the Social Security Act shall be deemed a ref- ‘‘The WTC Program Administrator may enter ter. into arrangements with other government agen- erence to payment rates under this title. ‘‘(C) SATISFACTION OF PAYMENT OBLIGATION.— cies, insurance companies, or other third-party ‘‘(2) EXCEPTION.—Paragraph (1) shall not The payment obligation under such contract administrators to provide for timely and accu- apply for any quarter, with respect to any may not be satisfied through any of the fol- rate processing of claims under sections 3312, workers’ compensation law or plan, including lowing: 3313, 3322, and 3323. line of duty compensation, to which New York ‘‘(i) An amount derived from Federal sources. City is obligated to make payments, if, in ac- ‘‘(ii) An amount paid before the date of the ‘‘Subtitle C—Research Into Conditions cordance with terms specified under the con- enactment of this title. ‘‘SEC. 3341. RESEARCH REGARDING CERTAIN tract under subsection (d)(1)(A), New York City ‘‘(iii) An amount paid to satisfy a judgment or HEALTH CONDITIONS RELATED TO has made the full payment required under such as part of a settlement related to injuries or ill- SEPTEMBER 11 TERRORIST ATTACKS. contract for such quarter. nesses arising out of the September 11, 2001, ter- ‘‘(a) IN GENERAL.—With respect to individ- ‘‘(3) RULES OF CONSTRUCTION.—Nothing in rorist attacks. uals, including enrolled WTC responders and this title shall be construed to affect, modify, or ‘‘(D) TIMING OF CONTRIBUTION.—The payment certified-eligible WTC survivors, receiving moni- relieve any obligations under a worker’s com- obligation under such contract for a calendar toring or treatment under subtitle B, the WTC pensation law or plan, other work-related in- quarter in a fiscal year shall be paid not later Program Administrator shall conduct or sup- jury or illness benefit plan of an employer, or than the last day of the second succeeding cal- port— any health insurance plan. endar quarter. ‘‘(1) research on physical and mental health ‘‘(c) HEALTH INSURANCE COVERAGE.— ‘‘(E) COMPLIANCE.— conditions that may be related to the September ‘‘(1) IN GENERAL.—In the case of an individual ‘‘(i) INTEREST FOR LATE PAYMENT.—If New 11, 2001, terrorist attacks; who has a WTC-related health condition that is York City fails to pay to the WTC Program Ad- ‘‘(2) research on diagnosing WTC-related not work-related and has health coverage for ministrator pursuant to such contract the health conditions of such individuals, in the

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\A22DE7.020 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8956 CONGRESSIONAL RECORD — HOUSE December 22, 2010 case of conditions for which there has been di- ‘‘(ii) such failure shall not affect the disburse- previous fiscal year increased by the percentage agnostic uncertainty; and ment of amounts from the Fund; and increase in the consumer price index for all ‘‘(3) research on treating WTC-related health ‘‘(iii) the Federal share described in para- urban consumers (all items; United States city conditions of such individuals, in the case of graph (2)(A) shall not be increased by the average) as estimated by the Secretary for the conditions for which there has been treatment amount so unpaid. 12-month period ending with March of the pre- uncertainty. ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- vious year. The Administrator may provide such support GINNING WITH FISCAL YEAR 2016.—Beginning with ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH through continuation and expansion of research fiscal year 2016, in no case shall the share of CONDITIONS.—For the purpose of carrying out that was initiated before the date of the enact- Federal funds deposited into the Fund under section 3341— ment of this title and through the World Trade paragraph (2) for such fiscal year and previous ‘‘(A) for the last calendar quarter of fiscal Center Health Registry (referred to in section fiscal years and quarters exceed the sum of the year 2011, $3,750,000; ‘‘(B) for fiscal year 2012, $15,000,000; and 3342), through a Clinical Center of Excellence, amounts specified in paragraph (2)(A)(ii)(I). ‘‘(b) MANDATORY FUNDS FOR MONITORING, ‘‘(C) for each subsequent fiscal year, the or through a Data Center. amount specified under this paragraph for the ‘‘(b) TYPES OF RESEARCH.—The research INITIAL HEALTH EVALUATIONS, TREATMENT, AND previous fiscal year increased by the percentage under subsection (a)(1) shall include epidemio- CLAIMS PROCESSING.— increase in the consumer price index for all logic and other research studies on WTC-related ‘‘(1) IN GENERAL.—The amounts deposited into the Fund under subsection (a)(2) shall be avail- urban consumers (all items; United States city health conditions or emerging conditions— average) as estimated by the Secretary for the ‘‘(1) among enrolled WTC responders and cer- able, without further appropriation, consistent 12-month period ending with March of the pre- tified-eligible WTC survivors under treatment; with paragraph (2) and subsection (c), to carry out subtitle B and sections 3302(a), 3303, 3304, vious year. and ‘‘(6) WORLD TRADE CENTER HEALTH REG- ‘‘(2) in sampled populations outside the New 3305(a)(2), 3305(c), 3341, and 3342. ISTRY.—For the purpose of carrying out section York City disaster area in Manhattan as far ‘‘(2) LIMITATION ON MANDATORY FUNDING.— This title does not establish any Federal obliga- 3342— north as 14th Street and in Brooklyn, along ‘‘(A) for the last calendar quarter of fiscal with control populations, to identify potential tion for payment of amounts in excess of the amounts available from the Fund for such pur- year 2011, $1,750,000; for long-term adverse health effects in less ex- ‘‘(B) for fiscal year 2012, $7,000,000; and posed populations. pose. ‘‘(C) for each subsequent fiscal year, the ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR- ‘‘(c) CONSULTATION.—The WTC Program Ad- amount specified under this paragraph for the ministrator shall carry out this section in con- THER APPROPRIATIONS.—This title does not es- previous fiscal year increased by the percentage sultation with the WTC Scientific/Technical Ad- tablish any authorization for appropriation of increase in the consumer price index for all visory Committee. amounts in excess of the amounts available from urban consumers (all items; United States city ‘‘(d) APPLICATION OF PRIVACY AND HUMAN the Fund under paragraph (1). average) as estimated by the Secretary for the ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR- SUBJECT PROTECTIONS.—The privacy and 12-month period ending with March of the pre- POSES.—Of the amounts made available under human subject protections applicable to re- vious year.’’. search conducted under this section shall not be subsection (b)(1), not more than each of the following amounts may be available for each of the TITLE II—SEPTEMBER 11TH VICTIM less than such protections applicable to research COMPENSATION FUND OF 2001 conducted or funded by the Department of following purposes: Health and Human Services. ‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS SEC. 201. DEFINITIONS. OF FIREFIGHTERS.—For the purposes of carrying Section 402 of the Air Transportation Safety ‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG- and System Stabilization Act (49 U.S.C. 40101 ISTRY. out subtitle B with respect to WTC responders note) is amended— ‘‘For the purpose of ensuring ongoing data described in section 3311(a)(2)(A)(ii)— (1) in paragraph (6) by inserting ‘‘, or debris collection relating to victims of the September ‘‘(A) for the last calendar quarter of fiscal removal, including under the World Trade Cen- 11, 2001, terrorist attacks, the WTC Program Ad- year 2011, $100,000; ‘‘(B) for fiscal year 2012, $400,000; and ter Health Program established under section ministrator shall ensure that a registry of such ‘‘(C) for each subsequent fiscal year, the 3001 of the Public Health Service Act, and pay- victims is maintained that is at least as com- amount specified under this paragraph for the ments made pursuant to the settlement of a civil prehensive as the World Trade Center Health previous fiscal year increased by the percentage action described in section 405(c)(3)(C)(iii)’’ Registry maintained under the arrangements in increase in the consumer price index for all after ‘‘September 11, 2001’’; effect as of April 20, 2009, with the New York urban consumers (all items; United States city (2) by inserting after paragraph (6) the fol- City Department of Health and Mental Hygiene. average) as estimated by the Secretary for the lowing new paragraphs and redesignating sub- ‘‘Subtitle D—Funding 12-month period ending with March of the pre- sequent paragraphs accordingly: ‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- vious year. ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The GRAM FUND. ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- term ‘contractor and subcontractor’ means any ‘‘(a) ESTABLISHMENT OF FUND.— NICAL ADVISORY COMMITTEE.—For the purpose contractor or subcontractor (at any tier of a ‘‘(1) IN GENERAL.—There is established a fund of carrying out section 3302(a)— subcontracting relationship), including any gen- to be known as the World Trade Center Health ‘‘(A) for the last calendar quarter of fiscal eral contractor, construction manager, prime Program Fund (referred to in this section as the year 2011, $25,000; contractor, consultant, or any parent, sub- ‘Fund’). ‘‘(B) for fiscal year 2012, $100,000; and sidiary, associated or allied company, affiliated ‘‘(2) FUNDING.—Out of any money in the ‘‘(C) for each subsequent fiscal year, the company, corporation, firm, organization, or Treasury not otherwise appropriated, there amount specified under this paragraph for the joint venture thereof that participated in debris shall be deposited into the Fund for each of fis- previous fiscal year increased by the percentage removal at any 9/11 crash site. Such term shall cal years 2012 through 2016 (and the last cal- increase in the consumer price index for all not include any entity, including the Port Au- endar quarter of fiscal year 2011)— urban consumers (all items; United States city thority of New York and New Jersey, with a ‘‘(A) the Federal share, consisting of an average) as estimated by the Secretary for the property interest in the World Trade Center, on amount equal to the lesser of— 12-month period ending with March of the pre- September 11, 2001, whether fee simple, leasehold ‘‘(i) 90 percent of the expenditures in carrying vious year. or easement, direct or indirect. out this title for the respective fiscal year (ini- ‘‘(3) EDUCATION AND OUTREACH.—For the pur- ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re- tially based on estimates, subject to subsequent pose of carrying out section 3303— moval’ means rescue and recovery efforts, re- reconciliation based on actual expenditures); or ‘‘(A) for the last calendar quarter of fiscal moval of debris, cleanup, remediation, and re- ‘‘(ii)(I) $71,000,000 for the last calendar quar- year 2011, $500,000; sponse during the immediate aftermath of the ter of fiscal year 2011, $318,000,000 for fiscal year ‘‘(B) for fiscal year 2012, $2,000,000; and terrorist-related aircraft crashes of September 2012, $354,000,000 for fiscal year 2013, ‘‘(C) for each subsequent fiscal year, the 11, 2001, with respect to a 9/11 crash site.’’; $382,000,000 for fiscal year 2014, and $431,000,000 amount specified under this paragraph for the (3) by inserting after paragraph (10), as so re- for fiscal year 2015; and previous fiscal year increased by the percentage designated, the following new paragraph and ‘‘(II) subject to paragraph (4), an additional increase in the consumer price index for all redesignating the subsequent paragraphs ac- amount for fiscal year 2016 from unexpended urban consumers (all items; United States city cordingly: amounts for previous fiscal years; plus average) as estimated by the Secretary for the ‘‘(11) IMMEDIATE AFTERMATH.—The term ‘im- ‘‘(B) the New York City share, consisting of 12-month period ending with March of the pre- mediate aftermath’ means any period beginning the amount contributed under the contract vious year. with the terrorist-related aircraft crashes of Sep- under section 3331(d). ‘‘(4) UNIFORM DATA COLLECTION.—For the tember 11, 2001, and ending on May 30, 2002.’’; ‘‘(3) CONTRACT REQUIREMENT.— purpose of carrying out section 3304 and for re- and ‘‘(A) IN GENERAL.—No funds may be disbursed imbursing Data Centers (as defined in section (4) by adding at the end the following new from the Fund unless New York City has en- 3305(b)(2)) for the costs incurred by such Centers paragraph: tered into a contract with the WTC Program Ad- in carrying out activities under contracts en- ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash ministrator under section 3331(d)(1). tered into under section 3305(a)(2)— site’ means— ‘‘(B) BREACH OF CONTRACT.—In the case of a ‘‘(A) for the last calendar quarter of fiscal ‘‘(A) the World Trade Center site, Pentagon failure to pay the amount so required under the year 2011, $2,500,000; site, and Shanksville, Pennsylvania site; contract— ‘‘(B) for fiscal year 2012, $10,000,000; and ‘‘(B) the buildings or portions of buildings ‘‘(i) the amount is recoverable under subpara- ‘‘(C) for each subsequent fiscal year, the that were destroyed as a result of the terrorist- graph (E)(ii) of such section; amount specified under this paragraph for the related aircraft crashes of September 11, 2001;

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‘‘(C) any area contiguous to a site of such ‘‘(ii) OTHER ELIGIBILITY REQUIREMENTS FOR ity for all claims and actions (including claims crashes that the Special Master determines was FILING CLAIMS.—An individual may file a claim or actions that have been previously resolved, sufficiently close to the site that there was a de- during the period described in subsection that are currently pending, and that may be monstrable risk of physical harm resulting from (a)(3)(B) only if— filed) for compensatory damages, contribution the impact of the aircraft or any subsequent ‘‘(I) the individual was treated by a medical or indemnity, or any other form or type of relief, fire, explosions, or building collapses (including professional for suffering from a physical harm arising from or related to debris removal, the immediate area in which the impact oc- described in clause (i)(I) within a reasonable against the City of New York, any entity (incurred, fire occurred, portions of buildings fell, time from the date of discovering such harm; cluding the Port Authority of New York and or debris fell upon and injured individuals); and and New Jersey) with a property interest in the ‘‘(D) any area related to, or along, routes of ‘‘(II) the individual’s physical harm is verified World Trade Center on September 11, 2001 debris removal, such as barges and Fresh by contemporaneous medical records created by (whether fee simple, leasehold or easement, or Kills.’’. or at the direction of the medical professional direct or indirect) and any contractors and sub- SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY who provided the medical care. contractors, shall not be in an amount that ex- FOR COMPENSATION. ‘‘(iii) DATE SPECIFIED.—The date specified in ceeds the sum of the following, as may be appli- (a) INFORMATION ON LOSSES RESULTING FROM this clause is the date on which the regulations cable: DEBRIS REMOVAL INCLUDED IN CONTENTS OF are updated under section 407(a).’’. ‘‘(A) The amount of funds of the WTC Captive CLAIM FORM.—Section 405(a)(2)(B) of the Air (d) CLARIFYING APPLICABILITY TO ALL 9/11 Insurance Company, including the cumulative Transportation Safety and System Stabilization CRASH SITES.—Section 405(c)(2)(A)(i) of such interest. Act (49 U.S.C. 40101 note) is amended— Act is amended by striking ‘‘or the site of the ‘‘(B) The amount of all available insurance (1) in clause (i), by inserting ‘‘, or debris re- aircraft crash at Shanksville, Pennsylvania’’ identified in schedule 2 of the WTC Captive In- moval during the immediate aftermath’’ after and inserting ‘‘the site of the aircraft crash at surance Company insurance policy. ‘‘September 11, 2001’’; Shanksville, Pennsylvania, or any other 9/11 ‘‘(C) As it relates to the limitation of liability (2) in clause (ii), by inserting ‘‘or debris re- crash site’’. of the City of New York, the amount that is the moval during the immediate aftermath’’ after (e) INCLUSION OF PHYSICAL HARM RESULTING greater of the City of New York’s insurance cov- ‘‘crashes’’; and erage or $350,000,000. In determining the amount (3) in clause (iii), by inserting ‘‘or debris re- FROM DEBRIS REMOVAL.—Section 405(c) of such of the City’s insurance coverage for purposes of moval during the immediate aftermath’’ after Act is amended in paragraph (2)(A)(ii), by in- the previous sentence, any amount described in ‘‘crashes’’. serting ‘‘or debris removal’’ after ‘‘air crash’’. subparagraphs (A) and (B) shall not be in- (b) EXTENSION OF DEADLINE FOR CLAIMS (f) LIMITATIONS ON CIVIL ACTIONS.— cluded. UNDER SEPTEMBER 11TH VICTIM COMPENSATION (1) APPLICATION TO DAMAGES RELATED TO DE- ‘‘(D) As it relates to the limitation of liability FUND OF 2001.—Section 405(a)(3) of such Act is BRIS REMOVAL.—Clause (i) of section 405(c)(3)(C) of any entity, including the Port Authority of amended to read as follows: of such Act, as redesignated by subsection (c), is New York and New Jersey, with a property in- ‘‘(3) LIMITATION.— amended by inserting ‘‘, or for damages arising ‘‘(A) IN GENERAL.—Except as provided by sub- from or related to debris removal’’ after ‘‘Sep- terest in the World Trade Center on September paragraph (B), no claim may be filed under tember 11, 2001’’. 11, 2001 (whether fee simple, leasehold or ease- paragraph (1) after the date that is 2 years after (2) PENDING ACTIONS.—Clause (ii) of such sec- ment, or direct or indirect), the amount of all the date on which regulations are promulgated tion, as so redesignated, is amended to read as available liability insurance coverage main- under section 407(a). follows: tained by any such entity. ‘‘(B) EXCEPTION.—A claim may be filed under ‘‘(ii) PENDING ACTIONS.—In the case of an in- ‘‘(E) As it relates to the limitation of liability paragraph (1), in accordance with subsection dividual who is a party to a civil action de- of any individual contractor or subcontractor, (c)(3)(A)(i), by an individual (or by a personal scribed in clause (i), such individual may not the amount of all available liability insurance representative on behalf of a deceased indi- submit a claim under this title— coverage maintained by such contractor or sub- vidual) during the period beginning on the date ‘‘(I) during the period described in subsection contractor on September 11, 2001. on which the regulations are updated under sec- (a)(3)(A) unless such individual withdraws from ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay- tion 407(b) and ending on the date that is 5 such action by the date that is 90 days after the ments to plaintiffs who obtain a settlement or years after the date on which such regulations date on which regulations are promulgated judgment with respect to a claim or action to are updated.’’. under section 407(a); and which paragraph (4) applies, shall be paid sole- (c) REQUIREMENTS FOR FILING CLAIMS DURING ‘‘(II) during the period described in subsection ly from the following funds in the following EXTENDED FILING PERIOD.—Section 405(c)(3) of (a)(3)(B) unless such individual withdraws from order, as may be applicable: ‘‘(A) The funds described in subparagraph (A) such Act is amended— such action by the date that is 90 days after the or (B) of paragraph (4). (1) by redesignating subparagraphs (A) and date on which the regulations are updated ‘‘(B) If there are no funds available as de- (B) as subparagraphs (B) and (C), respectively; under section 407(b).’’. scribed in subparagraph (A) or (B) of paragraph and (3) SETTLED ACTIONS.—Such section, as so re- (4), the funds described in subparagraph (C) of (2) by inserting before subparagraph (B), as so designated, is further amended by adding at the such paragraph. redesignated, the following new subparagraph: end the following new clause: ‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- ‘‘(C) If there are no funds available as de- ‘‘(iii) SETTLED ACTIONS.—In the case of an in- ING EXTENDED FILING PERIOD.— scribed in subparagraph (A), (B), or (C) of para- dividual who settled a civil action described in ‘‘(i) TIMING REQUIREMENTS FOR FILING graph (4), the funds described in subparagraph clause (i), such individual may not submit a CLAIMS.—An individual (or a personal rep- (D) of such paragraph. claim under this title unless such action was resentative on behalf of a deceased individual) ‘‘(D) If there are no funds available as de- commenced after December 22, 2003, and a re- may file a claim during the period described in scribed in subparagraph (A), (B), (C), or (D) of lease of all claims in such action was tendered subsection (a)(3)(B) as follows: paragraph (4), the funds described in subpara- ‘‘(I) In the case that the Special Master deter- prior to the date on which the James Zadroga 9/ graph (E) of such paragraph. mines the individual knew (or reasonably 11 Health and Compensation Act of 2010 was en- ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND DI- should have known) before the date specified in acted.’’. RECT ACTION.—Any claimant to a claim or ac- clause (iii) that the individual suffered a phys- SEC. 203. REQUIREMENT TO UPDATE REGULA- tion to which paragraph (4) applies may, with ical harm at a 9/11 crash site as a result of the TIONS. respect to such claim or action, either file an ac- terrorist-related aircraft crashes of September Section 407 of the Air Transportation Safety tion for a declaratory judgment for insurance 11, 2001, or as a result of debris removal, and and System Stabilization Act (49 U.S.C. 40101 coverage or bring a direct action against the in- that the individual knew (or should have note) is amended— surance company involved, except that no such known) before such specified date that the indi- (1) by striking ‘‘Not later than’’ and inserting action for declaratory judgment or direct action vidual was eligible to file a claim under this ‘‘(a) IN GENERAL.—Not later than’’; and may be commenced until after the funds avail- title, the individual may file a claim not later (2) by adding at the end the following new able in subparagraph (A), (B), (C), and (D) of than the date that is 2 years after such specified subsection: paragraph (5) have been exhausted consistent date. ‘‘(b) UPDATED REGULATIONS.—Not later than with the order described in such paragraph for ‘‘(II) In the case that the Special Master de- 180 days after the date of the enactment of the payment.’’. termines the individual first knew (or reason- James Zadroga 9/11 Health and Compensation SEC. 205. FUNDING; ATTORNEY FEES. ably should have known) on or after the date Act of 2010, the Special Master shall update the Section 406 of the Air Transportation Safety specified in clause (iii) that the individual suf- regulations promulgated under subsection (a) to and System Stabilization Act (49 U.S.C. 40101 fered such a physical harm or that the indi- the extent necessary to comply with the provi- note) is amended— vidual first knew (or should have known) on or sions of title II of such Act.’’. (1) in subsection (a), by striking ‘‘Not later after such specified date that the individual was SEC. 204. LIMITED LIABILITY FOR CERTAIN than’’ and inserting ‘‘Subject to the limitations eligible to file a claim under this title, the indi- CLAIMS. under subsection (d), not later than’’; vidual may file a claim not later than the last Section 408(a) of the Air Transportation Safe- (2) in subsection (b)— day of the 2-year period beginning on the date ty and System Stabilization Act (49 U.S.C. 40101 (A) by inserting ‘‘in the amounts provided the Special Master determines the individual note) is amended by adding at the end the fol- under subsection (d)(1)’’ after ‘‘appropriations first knew (or should have known) that the in- lowing new paragraphs: Acts’’; and dividual both suffered from such harm and was ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- (B) by inserting ‘‘subject to the limitations eligible to file a claim under this title. withstanding any other provision of law, liabil- under subsection (d)’’ before the period; and

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\CR\FM\A22DE7.020 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8958 CONGRESSIONAL RECORD — HOUSE December 22, 2010 (3) by adding at the end the following new TITLE III—REVENUE RELATED erence to the latest statement titled ‘‘Budgetary subsections: PROVISIONS Effects of PAYGO Legislation’’ for this Act, sub- ‘‘(d) LIMITATION.— SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PRO- mitted for printing in the Congressional Record ‘‘(1) IN GENERAL.—The total amount of Fed- CUREMENT. by the Chairman of the Senate Budget Com- eral funds paid for compensation under this (a) IMPOSITION OF TAX.— mittee, provided that such statement has been title, with respect to claims filed on or after the (1) IN GENERAL.—Subtitle D of the Internal submitted prior to the vote on passage. date on which the regulations are updated Revenue Code of 1986 is amended by adding at MOTION TO CONCUR under section 407(b), shall not exceed the end the following new chapter: $2,775,000,000. Of such amounts, not to exceed The SPEAKER pro tempore. The $875,000,000 shall be available to pay such ‘‘CHAPTER 50—FOREIGN PROCUREMENT Clerk will report the motion. claims during the 5-year period beginning on ‘‘Sec. 5000C. Imposition of tax on certain for- The Clerk read as follows: such date. eign procurement. Mr. Pallone moves that the House concur ‘‘(2) PRO-RATION AND PAYMENT OF REMAINING ‘‘SEC. 5000C. IMPOSITION OF TAX ON CERTAIN in the Senate amendment to H.R. 847. CLAIMS.— FOREIGN PROCUREMENT. The SPEAKER pro tempore. Pursu- ‘‘(A) IN GENERAL.—The Special Master shall ‘‘(a) IMPOSITION OF TAX.—There is hereby im- ratably reduce the amount of compensation due posed on any foreign person that receives a ant to the order of the House of today, claimants under this title in a manner to ensure, specified Federal procurement payment a tax the motion shall be debatable for 30 to the extent possible, that— equal to 2 percent of the amount of such speci- minutes equally divided and controlled ‘‘(i) all claimants who, before application of fied Federal procurement payment. by the Chair and ranking minority the limitation under the second sentence of ‘‘(b) SPECIFIED FEDERAL PROCUREMENT PAY- Member of the Committee on Energy paragraph (1), would have been determined to MENT.—For purposes of this section, the term and Commerce. be entitled to a payment under this title during ‘specified Federal procurement payment’ means The gentleman from New Jersey (Mr. such 5-year period, receive a payment during any payment made pursuant to a contract with PALLONE) and the gentleman from such period; and the Government of the United States for— Texas (Mr. BURGESS) each will control ‘‘(ii) the total amount of all such payments ‘‘(1) the provision of goods, if such goods are made during such 5-year period do not exceed manufactured or produced in any country 15 minutes. the amount available under the second sentence which is not a party to an international pro- The Chair recognizes the gentleman of paragraph (1) to pay claims during such pe- curement agreement with the United States, or from New Jersey. riod. ‘‘(2) the provision of services, if such services GENERAL LEAVE ‘‘(B) PAYMENT OF REMAINDER OF CLAIM are provided in any country which is not a Mr. PALLONE. Madam Speaker, I AMOUNTS.—In any case in which the amount of party to an international procurement agree- ask unanimous consent that all Mem- a claim is ratably reduced pursuant to subpara- ment with the United States. graph (A), on or after the first day after the 5- bers may have 5 legislative days in ‘‘(c) FOREIGN PERSON.—For purposes of this which to revise and extend their re- year period described in paragraph (1), but in section, the term ‘foreign person’ means any no event later than 1 year after such 5-year pe- person other than a United States person. marks and include extraneous material riod, the Special Master shall pay to the claim- ‘‘(d) ADMINISTRATIVE PROVISIONS.— in the RECORD. ant the amount that is equal to the difference ‘‘(1) WITHHOLDING.—The amount deducted The SPEAKER pro tempore. Is there between— and withheld under chapter 3 shall be increased objection to the request of the gen- ‘‘(i) the amount that the claimant would have by the amount of tax imposed by this section on tleman from New Jersey? been paid under this title during such period such payment. There was no objection. without regard to the limitation under the sec- ‘‘(2) OTHER ADMINISTRATIVE PROVISIONS.—For Mr. PALLONE. Madam Speaker, I ond sentence of paragraph (1) applicable to purposes of subtitle F, any tax imposed by this yield to myself such time as I may con- such period; and section shall be treated as a tax imposed by sub- ‘‘(ii) the amount the claimant was paid under sume. title A.’’. I rise in strong support of the Senate this title during such period. (2) CLERICAL AMENDMENT.—The table of chap- ‘‘(C) TERMINATION.—Upon completion of all ters for subtitle D of the Internal Revenue Code amendment to H.R. 847, the James payments pursuant to this subsection, the Vic- of 1986 is amended by adding at the end the fol- Zadroga 9/11 Health and Compensation tim’s Compensation Fund shall be permanently lowing new item: Act of 2019. Today, this body, for the closed. third time, will vote on legislation to ‘‘(e) ATTORNEY FEES.— ‘‘CHAPTER 50—FOREIGN PROCUREMENT’’. ‘‘(1) IN GENERAL.—Notwithstanding any con- (3) EFFECTIVE DATE.—The amendments made finally keep our promise and take care tract, the representative of an individual may by this subsection shall apply to payments re- of the heroes of 9/11. not charge, for services rendered in connection ceived pursuant to contracts entered into on I would like to thank the bill’s spon- with the claim of an individual under this title, and after the date of the enactment of this Act. sors, Representatives CAROLYN more than 10 percent of an award made under (b) PROHIBITION ON REIMBURSEMENT OF MALONEY and JERRY NADLER, as well as this title on such claim. FEES.— my colleagues from New York on the ‘‘(2) LIMITATION.— (1) IN GENERAL.—The head of each executive committee, ELIOT ENGEL and ANTHONY ‘‘(A) IN GENERAL.—Except as provided in sub- agency shall take any and all measures nec- WEINER, also, for their tireless work on paragraph (B), in the case of an individual who essary to ensure that no funds are disbursed to was charged a legal fee in connection with the any foreign contractor in order to reimburse the behalf of this legislation. settlement of a civil action described in section tax imposed under section 5000C of the Internal Madam Speaker, this bill would es- 405(c)(3)(C)(iii), the representative of the indi- Revenue Code of 1986. tablish the World Trade Center Health vidual may not charge any amount for com- (2) ANNUAL REVIEW.—The Administrator for Program, a program to screen, monitor pensation for services rendered in connection Federal Procurement Policy shall annually re- and treat eligible responders and sur- with a claim filed under this title. view the contracting activities of each executive vivors who are suffering from World ‘‘(B) EXCEPTION.—If the legal fee charged in agency to monitor compliance with the require- Trade Center related diseases. It also connection with the settlement of a civil action ments of paragraph (1). described in section 405(c)(3)(C)(iii) of an indi- reopens the 9/11 Victim Compensation (3) EXECUTIVE AGENCY.—For purposes of this Fund. vidual is less than 10 percent of the aggregate subsection, the term ‘‘executive agency’’ has the amount of compensation awarded to such indi- meaning given the term in section 4 of the Office H.R. 847, as amended, costs $4.2 bil- vidual through such settlement, the representa- of Federal Procurement Policy Act (41 U.S.C. lion over 10 years. Of that amount, $1.5 tive of such individual may charge an amount 403). billion will go to the health program, for compensation for services rendered to the ex- (c) APPLICATION.—This section and the while $2.7 billion will go the VCF. Both tent that such amount charged is not more amendments made by this section shall be ap- programs are now limited to 5 years. than— plied in a manner consistent with United States The amended bill before us today also ‘‘(i) 10 percent of such aggregate amount obligations under international agreements. through the settlement, minus changes how the two programs are paid ‘‘(ii) the total amount of all legal fees charged SEC. 302. RENEWAL OF FEES FOR VISA-DEPEND- for by a 2 percent fee on government ENT EMPLOYERS. for services rendered in connection with such procurement from foreign companies Subsections (a), (b), and (c) of section 402 of settlement. located in nongovernmental procure- Public Law 111–230 are amended by striking ‘‘(3) DISCRETION TO LOWER FEE.—In the event ‘‘2014’’ each place that such appears and insert- ment, and a 1-year extension of H1–B that the special master finds that the fee limit and L–1 visa fees for outsourcing com- set by paragraph (1) or (2) provides excessive ing ‘‘2015’’. TITLE IV—BUDGETARY EFFECTS panies. compensation for services rendered in connec- Madam Speaker, this bill has long tion with such claim, the Special Master may, in SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS- the discretion of the Special Master, award as YOU-GO ACT OF 2010. been a huge priority for me and many reasonable compensation for services rendered The budgetary effects of this Act, for the pur- of my colleagues in the House and the an amount lesser than that permitted for in pose of complying with the Statutory Pay-As- Senate. I urge my colleagues to pass paragraph (1).’’. You-Go-Act of 2010, shall be determined by ref- the bill.

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.020 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8959 I reserve the balance of my time. more than just benefits to first re- The World Trade Center Health Program Mr. BURGESS. I yield myself such sponders; it also provides benefits to currently provides services to first responders time as I may consume. anyone who lives and works in New and community residents who developed ill- Madam Speaker, I appreciate the York City. Under this bill, even Wall nesses as a result of their exposure to the gentleman’s efforts in this regard. I Street millionaires could receive bene- massive toxic dust cloud that blanketed lower would like to take a few moments and fits with no cost to them, all done at Manhattan after the terrorist attacks on Sep- clear up some of the the taxpayers’ expense. tember 11, 2001. mischaracterizations that have oc- In fact, in the Committee on Energy The current program is not authorized. The curred, unfortunately, around the de- and Commerce I offered an amendment House-passed bill authorized the Health Pro- bate of this bill as it has worked its that was rejected by the committee. I gram through FY 2019 at a federal funding way through both Houses. attempted to offer the amendment at level of $3.2 billion. The federal government There have been some who have Rules when this legislation was will pay 90 percent of the cost, while New claimed that my side, the Republicans, brought before the House before our ad- York City will pay 10 percent. do not support providing treatment for journment in September, but I was The Senate amendment reduces the author- 9/11 first responders, and that these thwarted in that. But it remains that ization period to FY 2015 and federal funding first responders are currently going we ought to ensure that Federal tax- to $1.5 billion. New York City would still be re- without treatment for the illnesses and payers would not have to pay for the quired to pay 10 percent of the costs. injuries they suffered as a result of health care of millionaires. The Senate amendment makes a number of serving at the World Trade Center. The bill passed by the Senate is an other changes in the Health Program. Both of those claims are simply not improvement over what passed in the It prohibits the Secretary of HHS from using true. House. There could have been further NIOSH to administer payments to Centers of According to President Obama’s ad- improvements to ensure our limited re- Excellence and other participating providers. ministration’s own Centers for Disease sources are being spent in the most ef- It clarifies that Centers of Excellence deliv- Control, the agency said, ‘‘We will con- ficient manner possible. But all in all, ering services to responders and community tinue to provide monitoring and treat- the improvements that have been ac- residents will have to provide claims-level data ment services for mental and physical complished over the last 24 hours are to the Health Program Administrator. health conditions related to World all to the good. This is an important It clarifies the Centers of Excellence should Trade Center exposures for both re- piece of legislation. This is something be paid for the costs of carrying out the pro- sponders and for eligible non-respond- that this Congress or some Congress gram that are not otherwise reimbursable, ers. The World Trade Center program is should have passed in the last 8 years. such as outreach, data collection, social serv- critical in meeting the ongoing and And it is unconscionable that we are ices, and development of treatment protocols. long-term specialty needs of individ- here today at the last hour of the 111th It authorizes the Program Administrator to uals that were exposed to dust, smoke, Congress with still this work pending. contract with the VA to provide services to re- debris, and psychological trauma from It’s important to get this work done. sponders enrolled in the national program the World Trade Center attacks.’’ I reserve the balance of my time. through its facilities, but only if the VA choos- As of September 30, 2009, the World Mr. PALLONE. Madam Speaker, I es to do so. Trade Center program had enrolled yield 1 minute to the chairman of the Finally, the Senate amendment directs the over 55,000 responders in its monitoring Energy and Commerce Committee, the GAO to conduct studies on various aspects of and treatment programs. This is in the gentleman from California (Mr. WAX- the Health Program and to report to the Com- CDC’s budget justification for 2011. MAN). mittees of jurisdiction prior to July 1, 2011. At the Energy and Commerce Com- Mr. WAXMAN. I rise in strong sup- That is the date on which Secretary of HHS mittee’s markup of this legislation, port, Madam Speaker, of H.R. 847, the and the WTC Administrator are responsible for Republicans offered an amendment James Zadroga 9/11 Health and Com- implementing the Health Program. In the likely that would authorize the program that pensation Act of 2010. I want to thank event that the GAO is unable to complete all is already providing treatment and the chairman of the Health Sub- of its work by that date, the Program will monitoring benefits and authorized committee, FRANK PALLONE, as well as nonetheless begin furnishing services to re- funding for the program at exactly the my colleagues from New York on the sponders and survivors. level that was requested by the Presi- committee, ELIOT ENGEL and ANTHONY The Administration supports this bill for the dent of the United States. That same WEINER, for their relentless work on same reason that all of us should: it is the amendment asked for real account- behalf of this legislation, as well as right thing to do. ability to ensure that we knew how the Representatives MALONEY and NADLER, The first responders were there for us on 9– tax dollars were being spent. Unfortu- and the whole New York City delega- 11. We should be there for them today. nately, that amendment was defeated. tion, who were tireless in their support I urge my colleagues to pass this bill and I am pleased that work in the Senate of this bill. send it on to the President for signature. has yielded an amendment that will This is an important piece of legisla- Mr. BURGESS. Madam Speaker, I am provide for increased accountability tion that will attempt to provide the pleased to yield 1 minute to the gen- and increased transparency in how services to first responders and com- tleman from Oklahoma (Mr. COLE). these funds are spent. H.R. 847 caps the munity residents who developed illness Mr. COLE. I thank the gentleman number of people that can be enrolled as a result of their exposure to the from Texas for yielding. in the program but it does not require massive toxic dust cloud that Madam Speaker, long before New those enrolled to verify their citizen- blanketed Lower Manhattan after the York City’s first responders rushed to ship. terrorist attack on September 11, 2001. save their fellow Americans in the fire I strongly urge all Members to support and the horror of 9/11, they came to b 1600 this legislation. help the people of Oklahoma City deal We offered an amendment that would H.R. 847, was reported by the Energy and with the death and destruction stem- require this program so that people in Commerce Committee with bipartisan support ming from the terrorist bombing of the the country without benefit of Social on May 25 by a vote of 33–12. Alfred P. Murrah Federal Building on Security numbers would not get bene- The House passed H.R. 847 on September April 19, 1995. The people of Oklahoma fits while Americans were being stuck 29; the bill received bipartisan support from have never forgotten the help that they on the waiting list. This amendment 268 Members. received in their most difficult days was defeated. The version of before us this afternoon is from the first responders of New York As with any government spending one that has been amended by the Senate in City and their fellow first responders program, there should be limitations order to obtain bipartisan support in that from all across North America. on who can participate. The govern- Chamber. When 9/11 occurred, Oklahoma’s first ment has limited resources, so the Like the House-passed version, the Senate responders were proud to join their fel- principal beneficiaries of the 9/11 version is fully paid for and will not increase low Americans and rush to the aid of a health program should be the first re- the deficit. It fully complies with all pay-go stricken New York City. Now it’s our sponders. However, H.R. 847 provides rules. turn in this body to help all of those

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.014 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8960 CONGRESSIONAL RECORD — HOUSE December 22, 2010 who answered the call of duty on 9/11. taxes on companies that support Amer- the good or service is not available in the They risked themselves to save others ican troops is both illogical and dan- United States or would cost an unreasonable and to help one of America’s great cit- gerous. amount or if the procurement is required for ies deal with and recover from the dev- In addition, there is no reason that the national interest. Moreover, the amount other countries wouldn’t copy this tax of such procurement is generally regarded as astation of the greatest terrorist at- relatively small compared to U.S. sales into tack in our history. It’s time, as our and impose it on our U.S. companies the procurement markets of these countries. greatest President said in an earlier that are competing to sell goods and The procurement portions of this legisla- era and in another context, ‘‘to bind up services overseas. This would hurt our tion would undermine U.S. efforts to succeed the Nation’s wounds, to care for him U.S. economic recovery efforts and ef- in the international economy by both invit- who shall have borne the battle, and forts to boost U.S. sales abroad and ing non-GPA countries to take reciprocal ac- for his widow, and for his orphan.’’ create American jobs here at home. tion against U.S. companies seeking to par- Moreover, I have real concerns that ticipate in their procurement markets and Madam Speaker, I urge the passage by opening the United States to retaliation of H.R. 847, as amended. this excise tax could be subject to legal for violating its WTO obligations. While U.S. Mr. PALLONE. Madam Speaker, I challenge at the World Trade Organiza- companies certainly face significant and dis- yield 1 minute to one of the sponsors of tion and may be inconsistent with our criminatory procurement barriers in China, the bill who has worked tirelessly on G–20 commitments to avoid imposing India, Brazil and other countries that are not this, the gentleman from New York new protectionist measures. part of the WTO procurement agreement, (Mr. NADLER). Madam Speaker, I urge a ‘‘no’’ vote U.S. companies are still selling more into Mr. NADLER of New York. Madam because of these provisions. Strangely, those government procurement markets Speaker, let me first thank everyone the proposed procurement tax doesn’t than the United States is purchasing from include any of the exceptions included those countries. As a result, there would who has worked on this bill and say the more than likely be net loss for U.S. exports, Senate passed this bill a little while in our standard Buy America legisla- U.S. companies and U.S. jobs if this provi- ago unanimously. The most conserv- tion, such as non-availability, unrea- sion became a model for foreign govern- ative Senators, Senators ENZI and sonable cost and inconsistency with ments. COBURN, supported it, and I hope we the public interest. As a result, the bill Furthermore, the imposition of this dis- can do the same. would mandate a tax on the procure- criminatory tax on foreign companies may Nine years ago, Madam Speaker, the ment of goods from a foreign producer also violate U.S. international commitments heroes of 9/11 ran into the buildings, even when U.S. goods aren’t available. if implemented. If found to be contrary to In addition to this new tax, the bill U.S. WTO commitments, other countries they rushed into the burning buildings, could end up being authorized to retaliate di- and they worked in a toxic environ- would extend a tax on companies that rectly against U.S. exports, further under- ment for weeks and months. They have have more than half their employees mining U.S. opportunities overseas. suffered for that. They have suffered on certain specialized visas to work For all of these reasons, we strongly urge for their service to this country by get- here in the United States. This tax you to remove the Title III procurement pro- ting sick, by dying, by being sick. It is raises independent concerns under our visions from this legislation. now up to us to see that the United international obligations. Respectfully, The SPEAKER pro tempore. The American Association of Exporters and States honors its heroes, that the Importers (AAEI); United States does not turn its back on time of the gentleman has expired. Mr. BURGESS. I yield the gentleman Association of Equipment Manufacturers those who served us. (AEM); When we pass this bill, we will an- an additional 30 seconds. Business Roundtable; swer the question of whether the Mr. BRADY of Texas. Finally, I Emergency Committee for American United States honors its heroes, and would like to have printed in the Trade (ECAT); whether the United States honors RECORD a letter from 10 key business National Foreign Trade Council (NFTC); itself. Let us pass this bill, let us re- associations, including the Emergency National Retail Federation (NRF); deem the honor of the United States Committee for American Trade and the Organization for International Invest- U.S. Chamber of Commerce, that also ment (OFII); after all these years, let us show the TechAmerica; world that the United States looks oppose the use of these pay-for provisions. United States Council for International after its own. That’s what this bill is. I Business (USCIB); urge everyone to support it. DECEMBER 21, 2010. U.S. Chamber of Commerce; Mr. BURGESS. Madam Speaker, I Hon. NANCY PELOSI, U.S.-China Business Council. yield 2 minutes to the gentleman from Speaker, House of Representatives, Mr. PALLONE. Madam Speaker, I Washington, DC. Texas (Mr. BRADY), a member of the Hon. JOHN BOEHNER, yield 1 minute to the Speaker of the Ways and Means Committee. Republican Leader, House of Representatives, House, who has done so much to make Mr. BRADY of Texas. Madam Speak- Washington, DC. this bill possible. er, I too support the goal of ensuring Hon. HARRY REID, Ms. PELOSI. Madam Speaker, I that the brave men and women that Majority Leader, U.S. Senate, thank the gentleman for yielding. I acted as first responders at the World Washington, DC. rise to briefly congratulate and thank Trade Center attack are fairly treated Hon. MITCH MCCONNELL, the Members of the New York delega- and compensated. But I rise today to Republican Leader, U.S. Senate, tion and others who helped bring this oppose the troubling provisions the Washington, DC. DEAR SPEAKER PELOSI AND LEADERS REID, legislation to the floor in a strong bi- majority has attached to pay for this BOEHNER, AND MCCONNELL: We are writing to partisan way: Congresswoman bill. urge you to remove from the proposed MALONEY, Congressman NADLER, Con- This measure would impose a 2 per- amended version of H.R. 847 the Title III rev- gressman KING. Thank you. We thank cent tax on goods and services that are enue raisers related to international govern- you for giving us the opportunity to produced or provided in certain foreign ment procurement. First, its purported rev- say ‘‘thank you’’ in a real way to our countries from firms that are based in enue raising benefits are highly question- first responders, to our firefighters, to foreign countries that are not parties able. Second, there is a high risk that it will those who rushed in without question to certain treaties or international undermine the international competitiveness of American companies and American to rescue their fellow Americans, and agreements. It sounds complicated. But workers. people from all over the country as a some analysis suggests that a signifi- Title III would impose an excise tax on matter of fact. cant majority of this tax, at least two- companies that are from foreign countries There is an exhilaration, Madam thirds, if not more, would be raised by which are not members of the World Trade Speaker, that you see in the Chamber, taxing contracts that support Amer- Organization (WTO) Government Procure- because right now we know that any ican troops stationed in the Afghan ment Agreement (GPA) or similar procure- discussion we have ever had about 9/11 and Iraqi theaters. Even more incred- ment arrangements ostensibly for the pur- has been a discussion where we have pose of helping finance health benefits for ible, this tax could apply to American the valiant 9/11 first responders. In reality, entered holy and sacred ground, where companies that are providing goods the U.S. federal government is already pro- people lost their lives. Fewer did be- and services to our troops through hibited from procuring from such countries, cause others were willing to risk local subsidiaries. Levying additional except under very limited conditions—when theirs. For over 9 years we have been

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.016 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8961 trying to redress the grievance that we and survivors. This bill will save lives. leagues to remember all that the heroes of 9/ have of people not having the health It has taken too long, but help finally 11 have already given. These individuals benefits and the recognition of their is here for the thousands of Americans rushed to the site of immeasurable danger service, their sacrifice, and their cour- who are suffering because of 9/11. and first gave their time, and later are giving age. Our bill will give support and hope to up their health, and in some cases their lives. Today Mr. KING, Congresswoman more than 36,000 Americans who are Nine long years have passed since the at- MALONEY, Congressman NADLER—I ailing because of the attacks on our tacks. It was never the intention of the bill’s should say Congressman KING, Chair- Nation. It also says to future genera- authors to make this a partisan issue and I re- man KING to be—and the leadership of tions that if you are harmed in the gret that it has become wrapped in party poli- this House and of the United States service of our country, you will be tics. Senate, and I thank Senator taken care of. I hope that my colleagues on both sides of GILLIBRAND and Senator SCHUMER as I couldn’t be more proud of everyone the aisle can come together, just as we stood well as Senator REID and the Repub- who fought like hell to pass this bill, together on the steps of the Capitol the lican leadership in the Senate for af- our Senators GILLIBRAND and SCHUMER, evening of September 11, 2001, to show our fording us this opportunity to extend my good friends and coauthors NADLER gratitude to the responders and survivors who our patriotic appreciation to those and KING, the 9/11 responders and sur- have given so much to our country. whose love of our country, whose care vivors who are here with us, and the There could be no better gift to America this and commitment to their fellow per- thousands of their brothers and sisters holiday season than helping save the lives of son, who unquestionably made sac- who could not be. John Feal, you have those who came to the aid of our Nation in a been a warrior for this bill. Thank you. rifices, and now, almost 91⁄2 years later, time of war. more than 9 years later we finally are Just after the attacks, this body Mr. BURGESS. I reserve the balance came together. With this bill, we put in doing the right thing for them. of my time. law that we will never forget and do Mr. PALLONE. Mr. Speaker, I yield b 1610 whatever it takes. to the gentleman from New York (Mr. Every day our firefighters, our police Madam Speaker, today, I proudly rise to ENGEL) for the purpose of a unanimous officers, our first responders leave their support the James Zadroga 9/11 Health and consent request. homes, willing to risk their lives. Lit- Compensation Act. Passing this bill and get- (Mr. ENGEL asked and was given tle did they know on that day many of ting it to the President’s desk will truly be a permission to revise and extend his re- them would not return home. How can Christmas miracle. marks.) we ever repay their sacrifice and their When JERRY NADLER and I first introduced a Mr. ENGEL. I rise in strong support courage? 9/11 bill, we never would have thought it could of this bill. This is a fitting way to end take 7 years or that it could be the last legisla- So, today we do so, certainly not the 111th Congress. This is the proudest tive item out the door. It should never have enough, but as a token of our apprecia- moment I have had in Congress in 22 tion for what they have done to taken so long. A TV commentator recently made a good years. I believe that our hard work strengthen our country. point when he said that Pearl Harbor was not paid off, all of us together on the Again, I thank all of those who made just a Hawaii issue and neither should caring Health Subcommittee of the Energy this important legislation possible. for the victims of 9/11 be a New York issue. and Commerce Committee. Mr. BURGESS. May I inquire as to The Twin Towers were attacked as a symbol I urge my colleagues to support the how much time remains? of our Nation and the sick and injured are not bill. The SPEAKER pro tempore. The gen- just from New York. After the attacks, at least Madam Speaker, I rise in strong support of tleman from Texas has 71⁄2 minutes re- 10,000 brave men and women came from all the James Zadroga 9/11 Health Compensation maining, and the gentleman from New 50 states and 428 of 435 Congressional dis- Act. As a member of the Energy and Com- Jersey has 101⁄2 minutes remaining. tricts. merce Committee I was proud to help shep- Mr. BURGESS. I yield myself 30 sec- I thank my colleagues from across the coun- herd this bill through the committee process onds. try for staying to complete the last remaining and am proud to speak in support of this legis- Madam Speaker, Congressman BRADY gap in America’s response to 9/11. Our bill will lation yet again on the House floor this year. articulated very well some of the con- give support and hope to the more than Two days ago, I joined New York City cerns he has with the pay-for that is in 36,000 Americans who are ailing because of Mayor, Michael Bloomberg, and other mem- this bill, raising new revenues through the attacks on our Nation, and it also says to bers of the New York delegation, and first re- tariffs, and the possibility of retalia- future generations that if you are harmed in sponders to urge swift passage of this bill in tory efforts by other countries. the service of America, you will be taken care the Senate. I would just point out, in section 4002 of. Madam speaker, it is shameful that we are of the recently passed health care law I especially thank my good friends and co- approaching the 10-year anniversary of 9–11 last March, there is a section that calls authors JERRY NADLER and PETER KING, the next year and this bill still has not reached the for a Public Health and Wellness Trust entire New York Delegation, and Speaker President for his signature. Fund. The Secretary of Health and PELOSI and Majority Leader HOYER, who all Now I am here again today to urge my col- Human Services has $15 billion in a helped pass this bill in September and are leagues to vote in favor of the package that slush fund in ObamaCare. This money working on it today. I thank Senators we are considering today, which rectifies some could have been easily used to pay for GILLIBRAND and SCHUMER for tireless efforts to of the concerns that my colleagues on the this legislation. It could have been get this bill done. other side of the aisle have expressed. done last April, and we wouldn’t be This long-overdue legislation will provide This is not a partisan issue, and the pack- here at the last minute trying to health care and financial compensation to the age that we consider today reflects that. scrounge for capital to pay these funds. responders and survivors who are sick from People from all over the country joined to Mr. PALLONE. Madam Speaker, I exposure to toxins at Ground Zero. The cost help after the attack without concern for their yield 1 minute to the gentlewoman of the bill has been cut almost in half to $4.3 health or wellbeing. Now it is their country’s from New York (Mrs. MALONEY), who is billion from $7.4 billion. The Victim Compensa- time to step-up in their time of need. Victims the prime sponsor of the legislation tion Fund will be funded for 5 years at $2.8 of 9–11 continue to suffer from crippling phys- and has worked so hard on this bill. billion and the health programs will be fully ical ailments. They are dying and have been (Mrs. MALONEY asked and was given funded for 5 years at $1.5 billion. I thank ignored for almost a decade. The House no- permission to revise and extend her re- Members of the other body for coming to this ticed, once already this year. I am hopeful that marks.) bipartisan compromise. we can send a bill to the Senate that will pass. Mrs. MALONEY. I thank all of my The offset has been entirely replaced with I look forward to casting my vote in support colleagues, especially the New York two other offsets and in addition to fully fund- of the James Zadroga 9/11 Health Compensa- delegation and the Speaker and Leader ing this bill, the procurement payfor will put an tion Act and sending it back to the Senate. HOYER. estimated $450 million in extra revenue toward I am proud of the role that we played on the Today, Congress repays a long over- the deficit. Health Subcommittee and the Energy and due debt and answers the emergency We are reminded this holiday season of the Commerce with our hearings and markups in calls of our ailing 9/11 first responders importance of giving. But today I ask my col- moving this bill through. This is not a New

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K22DE7.017 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8962 CONGRESSIONAL RECORD — HOUSE December 22, 2010 York issue; this is an American Issue. First re- Mr. RANGEL. All of us from the City Ms. JACKSON LEE of Texas. I thank sponders came from all parts of the country. of New York and around the Nation are the distinguished gentleman, and I rise The Federal Government falsely told everyone so proud to be a Member of this body. to support the Senate amendment to it was safe to return and it wasn’t. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE H.R. 847, to be able to thank CAROLYN Today we say thank you to our first re- The SPEAKER pro tempore. The MALONEY for the enormous work and to sponders—it is a fitting way to end the 111th Chair will repeat that a Member asking also cite those who I saw dying that Congress. to insert remarks may include a simple they might live. Mr. BURGESS. I continue to reserve declaration of sentiment toward the Madam Speaker I rise today in strong sup- the balance of my time. question under debate but should not port of H.R. 847, the ‘‘James Zadroga 9/11 Mr. PALLONE. I yield to the gen- embellish the request with extended Health and Compensation Act.’’ This bill has tleman from New York (Mr. CROWLEY) oratory. been a long time coming, and I am glad that for the purpose of a unanimous consent Mr. BURGESS. I continue to reserve it is finally here for us to provide medical mon- request. the balance of my time. itoring and treatment benefits to eligible emer- (Mr. CROWLEY asked and was given Mr. PALLONE. I yield to the gen- gency responders and recovery and cleanup permission to revise and extend his re- tleman from New York (Mr. MCMAHON) workers who responded to the September 11, marks.) for the purpose of a unanimous consent 2001, terrorist attacks. This legislation also al- Mr. CROWLEY. Madam Speaker, on request. lows for initial health evaluation, monitoring, September 11, my cousin, John Moran, (Mr. MCMAHON asked and was given and treatment benefits to residents and other was at Tower Two of the World Trade permission to revise and extend his rebuilding occupants and area workers in New Center. He said, ‘‘Let me off here. I marks.) York City who were directly impacted and ad- want to try and make a difference.’’ Mr. MCMAHON. Madam Speaker, I versely affected by the 9/11 terrorist attacks. We have made a difference today in rise in support of this bill on behalf of I have met firsthand many of these first re- the lives of the people we’re saving. the people of Staten Island and Brook- sponders and workers, and I know the patri- Today, I rise as the cousin of Battalion Chief lyn, New York, all of them, and in par- otic sacrifices they have made for their fellow John Moran. ticular Trish and Marty Fullam. Americans. These brave, selfless individuals My cousin, along with almost 3,000 others, The SPEAKER pro tempore. The gen- who put aside their own needs and fears to died on September 11, 2001. tleman from New Jersey will be come to the aid of their fellow Americans put His last known words were to the driver of charged with the time consumed. their lives at risk. They ventured into the the New York City Fire Department vehicle. As Mr. BURGESS. I continue to reserve wreckage and dust of the World Trade Center, he was dropped off at World Trade Center the balance of my time. not worrying about their own well being, but Tower 2, John said, ‘Let me off here. I am Mr. PALLONE. I yield to the gen- rather, hoping that they could save the lives of going to try to make a difference.’ tleman from New York (Mr. ACKERMAN) strangers. As a result of their fearless acts, Nothing can replace the loss of my cousin for the purpose of a unanimous consent many of these emergency workers and first re- or the thousands of others who were killed request. sponders were exposed to airborne toxins and that day. Nothing can replace the loss of those (Mr. ACKERMAN asked and was other hazards. Providing medical services, in- who have perished since. given permission to revise and extend cluding clinical examinations, long-term health But, today we can make proud his memory his remarks.) monitoring, mental health care and necessary and the memory of all those who served on Mr. BURGESS. I continue to reserve prescription drug coverage, is the least we can September 11th and the days following. the balance of my time. do to repay them for their efforts. Enactment of the James Zadroga 9-11 Mr. PALLONE. Madam Speaker, I The James Zadroga 9/11 Health and Com- Health and Compensation Act fulfills a com- yield to the gentlewoman from Cali- pensation Act will provide both initial and fol- mitment to those who served our Nation hon- fornia (Ms. ESHOO) for the purpose of a low-up medical services for World Trade Cen- orably, tirelessly and without pause. unanimous consent request. ter responders and workers whose physical Today, I am proud to stand before my col- (Ms. ESHOO asked and was given per- and mental health were impacted by the 9/11 leagues as the cousin of Battalion Chief John mission to revise and extend her re- attacks. H.R. 847 will also establish an out- Moran, and I am proud, in the words of John, marks.) reach program to potentially eligible individ- to ‘make a difference’ for the many heroes Ms. ESHOO. Madam Speaker, I urge uals. who have suffered long enough because of all of my colleagues to vote for this. September 11, 2001, is a day that is indeli- their service to our great country. How proud I am to have voted as a Cal- bly etched in the psyche of every American ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ifornian for the Americans that went and most of the world. Much like the The SPEAKER pro tempore. A Mem- and took care and did their job. unprovoked attack on Pearl Harbor on Decem- ber asking to insert remarks may in- The SPEAKER pro tempore. The gen- ber 7, 1941, September 11 is a day that will clude a simple declaration of sentiment tleman will be charged with the time. live in infamy. And as much as Pearl Harbor toward the question under debate but Mr. BURGESS. I continue to reserve changed the course of world history by pre- should not embellish the request with the balance of my time. cipitating the global struggle between totali- extended oratory. Mr. PALLONE. I yield to the gen- tarian fascism and representative democracy, Mr. BURGESS. I continue to reserve tleman from Georgia (Mr. SCOTT) for the transformative impact of September 11 in the balance of my time. the purpose of a unanimous consent re- the course of American and human history is Mr. PALLONE. I yield to the gentle- quest. indelible. September 11 was not only the be- woman from New York (Ms. SLAUGH- (Mr. SCOTT of Georgia asked and ginning of the Global War on Terror, but more- TER) for the purpose of a unanimous was given permission to revise and ex- over, it was the day of innocence lost for a consent request. tend his remarks.) new generation of Americans. (Ms. SLAUGHTER asked and was Mr. SCOTT of Georgia. Madam Just like my fellow Americans, I remember given permission to revise and extend Speaker, I rise in support of this bill as September 11 as vividly as if it was yesterday. her remarks.) a big thank you from a very, very In my mind’s eye, I can still remember being Ms. SLAUGHTER. Madam Speaker, I grateful Nation. mesmerized by the television as the two air- rise in strong support of this bill. A lot The SPEAKER pro tempore. The gen- liners crashed into the Twin Towers of the of us are going to sleep a lot better now tleman from New Jersey will be World Trade Center, and I remember the knowing that this bill has been passed. charged. sense of terror we experienced when we real- Mr. BURGESS. I continue to reserve Mr. BURGESS. I continue to reserve ized that this was no accident, that we had the balance of my time. the balance of my time. been attacked, and that the world as we know Mr. PALLONE. Madam Speaker, I Mr. PALLONE. I yield to the gentle- it had changed forever. The moment in which yield to the gentleman from New York woman from Texas (Ms. JACKSON LEE) the Twin Towers collapsed and the nearly (Mr. RANGEL) for the purpose of a unan- for the purpose of a unanimous consent 3,000 innocent Americans died haunts me imous consent request. request. until this day. (Mr. RANGEL asked and was given (Ms. JACKSON LEE of Texas asked At this moment, I decided that the protection permission to revise and extend his re- and was given permission to revise and of our homeland would be at the forefront of marks.) extend her remarks.) my legislative agenda. I knew that all of our

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.016 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8963 collective efforts as Americans would all be in tantly, I want to thank the fire- to first responders and workers who were di- vain if we did not achieve our most important fighters, the police officers, the con- rectly affected by the attacks. Additionally, the priority: the security of our nation. Accordingly, struction workers, and all of those who program would establish education and out- I became then and continue to this day to be came forward to answer the Nation’s reach programs and conduct research on an active and engaged Member of the Com- call on September 11. This is a great physical and mental health conditions related mittee on Homeland Security who considers victory for the American people. It’s a to the 9/11 attacks. The WTCHP program our national security paramount. great victory for the Congress of the would serve more than 75,000 survivors, re- Our nation’s collective response to the trag- United States. And it sends a signal covery workers, and members of the affected edy of September 11 exemplified what has that we stand by those who come to communities. been true of the American people since the in- our Nation’s defense in time of trouble Additionally, this bill provides long-term ception of our Republic—in times of crisis, we and, indeed, in time of war, because health care and compensation for thousands come together and always persevere. Despite this was the first battle of the great of responders and survivors. By passing this the depths of our anguish on the preceding war of the 21st century. bill, we will be paying tribute to the sacrifice day, on September 12, the American people Mr. PALLONE. I have no further and courage of these women and men and we demonstrated their compassion and solidarity speakers, and I reserve the balance of will be paying a debt. This bill will be paid for for one another as we began the process of my time. with a partnership with New York City and by response, recovery, and rebuilding. We tran- Mr. BURGESS. Madam Speaker, I reducing government procurement payments scended our differences and came together to yield myself the balance of my time. and the extension of fees for outsourcing com- honor the sacrifices and losses sustained by This is an important bill. It’s some- panies. the countless victims of September 11. Let us thing that should have been done a Unfortunately, this bill is a weaker version of honor those who served and sacrificed by long time ago. I credit a former New the bill that I cosponsored and that the House passing H.R. 847. York fireman, Richard Lasky, who is passed in September. The bill caps federal Madam Speaker, as I stand here today, my now my fire chief in Lewisville, Texas, funding for health programs over five years heart still grieves for those who perished on for helping me understand the impor- and allows first responders only five years to flights United Airlines 93, American Airlines tance of this bill as it has gone for- file claims. Unfortunately, some put politics 77, American Airlines 11, and United Airlines ward. It has been difficult. In my opin- over these brave first responders. Although 175. When the sun rose on the morning of ion, there were better ways to do this this bill is a reduced version of the original bill, September 11, none of us knew that it would bill, but it’s before us today. we must honor the rescue and recovery work- end in an inferno in the magnificent World Mr. GENE GREEN of Texas. Madam ers by providing them with the much needed Trade Center Towers in New York City, the Speaker, we need to ensure that the first re- health care. We cannot let our first responders Pentagon in Washington, DC, and in the sponders and individuals who were in the vi- down. grassy fields of Shanksville, Pennsylvania. cinity of the World Trade Center have access Mr. RYAN of Wisconsin. Madam Speaker, I How I wish we could have hugged and kissed to the specialized medical treatment they need was absent for legislative business and and held each of the victims one last time. and that means ensuring these programs are missed rollcall vote 663 on December 21, I stand here remembering those who still properly funded. 2010, and rollcall vote 664 on December 22, suffer, whose hearts still ache over the loss of H.R. 847 accomplishes that goal and I am 2010. Had I been present, I would have voted so many innocent and interrupted lives. My proud to be a cosponser of this bill. ‘‘yes’’ on H.R. 6547, the Protecting Students prayer is that for those who lost a father, a Mr. JOHNSON of Illinois. I find it appalling from Sexual and Violent Predators Act, and mother, a husband, a wife, a child, or a friend that a bill of this magnitude was amended in ‘‘no’’ on rollcall vote 664 (H.R. 847). will in the days and years ahead take comfort the Senate just hours before the House was The vote I wish to discuss is the bill H.R. in the certain knowledge that they have gone asked to vote on it, with no Member having 847, the James Zadroga 9/11 Health and on to claim the greatest prize, a place in the had the chance to review and deliberate on Compensation Act. Without a doubt, Repub- Lord’s loving arms. And down here on the what we were voting on and enacting into law. licans and Democrats can agree that both the ground, their memory will never die so long as When earlier versions of this bill were brought victims of the attacks on September 11, 2001, any of the many of us who loved them lives. to the floor I had some major reservations and and the first responders who bravely served Again, I would like to reiterate my strong with no way to know if all of these were ad- following the attacks deserve to be fairly treat- support for H.R. 847, the James Zadroga 9/11 dressed I would not feel comfortable voting ed and compensated. However, this bill would Health and Compensation Act, for it is impor- yes or no on this bill. create a new health care entitlement, the tant that we take care of those who take care Mr. HOLT. Madam Speaker, I rise in sup- World Trade Center Health Program, while of us in our time of need. port of the Senate amendment to the Zadroga also extending eligibility for compensation The SPEAKER pro tempore. The gen- 9/11 Health and Compensation Act of 2010. under the September 11th Victim Compensa- tleman from New Jersey will be As a cosponsor of the House bill, I urge pas- tion Fund of 2001. As a result, had I been charged. sage of this important bill. present, I would have voted against passage Mr. BURGESS. Madam Speaker, I Today, we have the opportunity to honor the of the bill. yield 3 minutes to the gentleman from rescue and recovery workers who served our Since the terrorist attacks occurred nearly New York (Mr. KING). nation after the devastating attacks at the nine years ago, I have supported legislation to Mr. KING of New York. I thank the World Trade Center on September 11, 2001 ensure that these individuals are cared for and gentleman for yielding. I will keep my and, more important than empty honor, to pro- receive access to the services they deserve. remarks very brief. vide for their care. My district suffered However, rather than working with Repub- I thank the Congress of the United casualities that day and nine years later, the licans to craft a bill which truly addressed the States for what it is going to do today. memory of that terrible day is still fresh in our shortcomings in care provided to those directly Especially I want to thank CAROLYN minds. impacted by the September 11th terrorist at- MALONEY and JERRY NADLER for the Along with the victims of 9/11, there were tacks, the Majority instead rushed this bill to tremendous work they have done on thousands of rescue and recovery workers the floor in the waning hours of the 111th this bill over the years from the very who came to the aid of our nation that day. Congress, refusing to allow an open debate or start. I want to thank Congressman These brave women and men rushed to consider amendments. Vito Fossella, who was also an original Ground Zero to help the fallen and to partici- The result is a deeply flawed bill. H.R. 847 cosponsor of this. I want to thank the pate in the clean-up effort without thinking creates yet another mandatory spending pro- Speaker of the House, Ms. PELOSI, for about their health or safety. These workers gram—increasing spending by $4.2 billion dol- doing so much to bring this bill for- were exposed to environmental hazards and lars over 10 years—and paying for it by an ex- ward, and also the Republican leader, have developed significant respiratory ill- cise tax on foreign manufacturers, an exten- who this summer managed to have this nesses, chronic infections, and other medical sion of Travel Promotion Act fees, and the ex- bill come up in a way that was not conditions. Further, many first responders are tension of HI–B visa fees. going to be disruptive at all. only now being diagnosed with illnesses that There is no doubt that we owe a debt of are related to their exposure at Ground Zero. gratitude to those who came to the rescue of b 1620 This bill would create the World Trade Cen- countless individuals following the attacks on I want to thank all the members of ter Health Program (WTCHP) that would pro- September 11, 2001, but these provisions dis- the New York delegation. Most impor- vide medical monitoring and treatment benefits tort that noble goal. At a time when our budget

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.024 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8964 CONGRESSIONAL RECORD — HOUSE December 22, 2010 deficit is $1.3 trillion and our national debt covery workers who were exposed to toxic Today, we must show the American people stands at $13.8 trillion, we must accurately ac- dust following the collapse of the Twin Towers that their representatives can put away their count for those programs that take priority. I in New York City on September 11, 2001. differences and work together to pass this bill. remain hopeful that as the 112th Congress This victory is for what is right; a long over- Over the past few weeks, this clearly was not convenes, my colleagues and I can work to- due thank you to those who rushed in to help the case. Some Members of Congress have gether to reform some of my concerns with after what was one of our nation’s biggest played political games with this legislation, de- this proposal and truly provide the services tragedies. After nine long years, these unsung laying its passage for dubious reasons and these first responders deserve. heroes and their families no longer have to causing the measure to be watered down. The Mrs. MCCARTHY of New York. Madam worry about how they are going to get the sick and injured don’t care about offsets and Speaker, with the ninth anniversary of Sep- care and resources they so desperately need. they don’t care whether this is a $6 billion bill tember 11th having passed, it is important to The Zadraga bill originally passed the or a $7 billion bill. They just care about getting remember not only those who were lost that House in September, but had been held up in the medical care they need, the medical care tragic day, but also the sense of purpose and the Senate due to various partisan concerns. they rightly deserve. togetherness that shined in the aftermath of, It now goes to President Barack Obama, who So Madam Speaker, we are here for the no doubt, one of the most difficult days in our is expected to sign the bill into law before the third and I hope final time on the floor of the nation’s history. Heroic first responders de- end of the holiday season. House to consider doing the decent thing: serve utmost recognition for selflessly digging This should have never been about the helping the living victims of 9/11 who continue through the ruins of Lower Manhattan in hope money, but about what we should do to honor to suffer the terrible effects of that day. The of finding survivors. The James Zadroga 9/11 those who thought of their country first and not Federal Government has not stepped up Health and Compensation Act, a bill that I am themselves. They answered the call when enough to help the responders, volunteers, proud to be an original cosponsor of, provides their country needed them and we are all a workers and residents that went to Ground better nation for it. just that by extending and improving protec- Zero during and after the horrific 9/11 attack. Thanks to the hard work of so many peo- tions and services to individuals directly im- This Congress has not acted to help these vic- ple—from legislators, like our Mayor Michael tims on a permanent basis—we have the op- pacted by the terrorist attacks on September Bloomberg, the New York Congressional Dele- portunity to do that today. Tragically, some of 11, 2001. gation and House Leadership, to the NYS Since our inception, we, as a nation, have AFL–CIO President Dennis Hughes, the 32nd the very people that we want to help with this grown stronger by protecting and honoring the Fire Commissioner Salvatore Cassano and the legislation have already died. Thousands of sacrifices of our citizenry. This legislation is countless union officials and 911 families that Americans who responded need medical treat- the embodiment of that mantra. As a New traveled to Washington to lobby on the bill’s ment now. Thousands more will need treat- Yorker, not a day passes without thought of behalf—these patriotic Americans can spend ment in the future. So, Madam Speaker, I urge all my col- the horrific attacks of September 11th, this the holiday seasons with some peace of mind. legislation will no doubt go a long way to pro- What the law would do: Under an agree- leagues to support the 9/11 Health and Com- vide first-responders with peace of mind. ment worked out by New York Senators pensation Act so that all the victims of 9/11 During House floor consideration and pas- CHARLES SCHUMER and KRISTEN GILLIBRAND, will receive the medical care and help they sage of the James Zadroga 9/11 Health and the James Zadroga 9/11 Health and Com- need and deserve. Let’s pass this bill. Compensation Act on Wednesday, I was un- pensation Act would: provide a total of $4.3 Mr. DAVIS of Illinois. Madam Speaker, I rise avoidably absent from Washington due to a billion in funding for the health and compensa- today in full support of H.R. 847, the James family health emergency. I have had the privi- tion titles of the bill; cap federal funding for the Zadroga 9/11 Health and Compensation Act. lege of working closely with my New York col- health program over five years at $1.5 billion This bill will provide the needed assistance to leagues in both the House and Senate on this (New York City will contribute 10% of the the brave men and women who have become legislation, and I am extraordinarily happy that cost). Any funds not spent in the first five ill due to the dangerous toxins they inhaled the Congress was able to pass this bill before years may be carried over and expended in while risking their lives to help out the city of the adjournment of the 111th Congress. the sixth year of the program; reopen the Vic- New York during that tragic time in September Mr. VAN HOLLEN. Madam Speaker, I rise tim Compensation Fund (VCF) for five years of 2001. This is a bipartisan bill and should be in support of legislation that would help thou- to file claims, with payments to be made over supported by all Members of Congress. sands of first responders who were exposed six years. Fund the VCF at $2.8 billion for six These heroes risked their lives to assist to hazardous health conditions in the after- years, with $.8 billion available for payments in their fellow Americans and their efforts will math of the September 11th attacks. the first five years and $2.0 billion available for never go unnoticed. This bill will allow health Many first responders bravely answered the payment in year six. Claims will be paid in 2 benefits to a wide range of first responders call of duty and rushed to the scene of the at- installments—one payment in the first five such as firefighters, construction workers, resi- tacks. While they were helping out the victims, years, and a second payment in the sixth year dents, area workers and even school chil- the responders unknowingly were exposed to of the program; the pay for the House-passed dren—all of whom have been affected by the long-term physical and mental health problems version of the bill has been replaced by a 2 toxins that filled the air after the attack on the due to the residual dust, toxins, and chemicals percent fee on government procurement from World Trade Center in 2001. from the attacks. Congress and the federal foreign companies located in non-GPA coun- We all witnessed the terrible attacks on government have an obligation and a respon- tries and a one-year extension of H–B 1 and America, September 11, 2001 and we also sibility to care and help those who responded L–1 Visa fees for outsourcing companies. witnessed the acts of bravery by our first re- to the September 11th attacks. These are estimated by CBO to collect $4.59 sponders. I support the passage of the 9/11 Madam Speaker, let us not forget the sac- billion over the 10-year scoring period for the Health and Compensation Act. rifice and service of those brave individuals bill. Mr. LANGEVIN. Madam Speaker, I rise in who responded to one of the worst attacks in Others changes made in the bill to address strong support of the James Zadroga 9/11 American history. I am pleased that my col- Republican concerns: requiring that the Cen- Health and Compensation Act. Every Amer- leagues in the Senate were able to come to a ters of Excellence report claims data to HHS ican remembers the day the Twin Towers fell bipartisan agreement on this bill. I urge my so that costs and utilization of services can be and the unparalleled heroism of the first re- House colleagues to support this legislation so fully monitored; specifying the non-treatment sponders who saved countless lives without that the thousands of 9/11 responders can get services furnished by Centers of Excellence to any regard for their own. They showed cour- the help they need. be funded under the health program (e.g., out- age in the face of terror and strength in a path Mr. RANGEL. Madam Speaker, I rise today, reach, social services, data collection, and de- of destruction. Too many of these brave men nine years after the tragic events of Sep- velopment of treatment protocols); authorizing and women didn’t make it out of the wreckage tember 11, to recognize the passage of a bill the World Trade Center Program Administrator in time. Those who did returned every day for that will allow the first responders who rushed to designate the Veteran’s Administration as a months, sifting through rubble, recovering vic- to the scene that day to now be able to get provider for WTC health services; directing the tims and restoring order to Ground Zero with the health care resources they need. Special Master to develop rules to implement little consideration for their own welfare or Today, both the U.S. House of Representa- the VCF within 180 days of passage of the safety. tives and the Senate approved an amended legislation. Tragically, many of these selfless workers version, the James Zadroga 9/11 Health and Mr. ACKERMAN. Madam Speaker, I rise yet are now suffering chronic, disabling health Compensation Act that would provide medical again in the strongest possible support of the conditions as a direct result of injuries or toxic treatment for the ailing first responders and re- 9/11 Health and Compensation Act, H.R. 847. exposure sustained at the site. The bill before

VerDate Mar 15 2010 02:30 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.030 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8965 us creates a program to provide medical serv- ers who died or were sickened as a result of Skelton Titus Wasserman ices and health monitoring for first responders their brave and selfless actions. Slaughter Tonko Schultz Smith (NJ) Towns Watson and others who have medical conditions re- Nearly all of us represent a responder, and Snyder Tsongas Watt lated to the September 11 terrorist attacks. almost nine years later, have a duty to do Sutton Turner Waxman Madam Speaker, I strongly urge my col- Teague Van Hollen Weiner what is right—vote for this bill today. Thompson (CA) Wilson (OH) leagues to support this measure and finally Mr. BURGESS. I yield back the bal- Vela´ zquez Thompson (MS) Visclosky Wolf Thompson (PA) Woolsey show these heroes the same honor and re- ance of my time and urge support of Walz spect they showed us, our families, our friends the bill. Tierney Yarmuth and our country. Mr. PALLONE. Madam Speaker, I NAYS—60 Mr. PASCRELL. Madam Speaker, I am would urge passage of this bill and send Akin Guthrie Olson proud to say that we are finally doing the right it to the President. Alexander Hall (TX) Paulsen thing to support our heroes from 9/11. The I yield back the balance of my time. Bachmann Hensarling Posey agreement we have here today is much less The SPEAKER pro tempore. All time Bachus Herger Rehberg than we originally hoped for—but more than Bartlett Hoekstra Rogers (KY) for debate has expired. Bilirakis Inglis Royce four and a half years after the death of NYPD Pursuant to the order of the House of Bishop (UT) Jenkins Scalise Det. James Zadroga—I am here to say that today, the previous question is ordered. Boozman Jordan (OH) Schmidt we need to pass the James Zadroga 9/11 Brady (TX) King (IA) Sessions The question is on the motion by the Cantor Kingston Shuster Health and Compensation Act right now be- gentleman from New Jersey (Mr. Cassidy LaTourette Smith (NE) cause we are losing these brave souls as we PALLONE). Coffman (CO) Latta Stutzman speak. The question was taken; and the Conaway Lewis (CA) Taylor I’m sad to say its now been nine years Diaz-Balart, M. Lummis Terry Speaker pro tempore announced that Ehlers Manzullo Tiahrt since 9/11 and it has taken this long to pass the ayes appeared to have it. Fleming McClintock Upton the James Zadroga 9/11 Health and Com- Mr. BURGESS. Madam Speaker, on Foxx McCotter Walden pensation Act—nine years is too long to wait Franks (AZ) Mica Whitfield that I demand the yeas and nays. Goodlatte Miller (FL) Wilson (SC) and watch as our first responders from that The yeas and nays were ordered. Graves (GA) Myrick Wittman day continue to suffer physically and emotion- The vote was taken by electronic de- ally—nine years is late, BUT its not too late to vice, and there were—yeas 206, nays 60, NOT VOTING—168 do the right thing. We need to pass this bill not voting 168, as follows: Baca Fudge Moran (KS) and we need to pass it now. Nine years ago Baird Gallegly Neal (MA) [Roll No. 664] we gave those brave souls the ‘all clear’ sign, Barrett (SC) Garamendi Neugebauer YEAS—206 Barton (TX) Giffords Nunes but we now know that we were exposing Becerra Gingrey (GA) Oberstar those men and women to a poisonous dust Ackerman Etheridge Matheson Berman Gohmert Ortiz that would stay with them for the rest of their Aderholt Farr Matsui Berry Granger Pastor (AZ) Adler (NJ) Fattah McCollum Biggert Graves (MO) Paul lives. Altmire Fortenberry McDermott Blackburn Green, Gene Pence I am proud to say that we found a way to Andrews Foster McGovern Blumenauer Griffith Perlmutter pay for this bill so that we can do the right Arcuri Frank (MA) McMahon Boccieri Gutierrez Peterson Austria Frelinghuysen McNerney thing for our 9/11 workers AND for our chil- Boehner Harman Petri Baldwin Garrett (NJ) Meek (FL) Bonner Harper Pitts dren who will bear the debt of the decisions Barrow Gerlach Meeks (NY) Bono Mack Hastings (WA) Poe (TX) we make today. Bean Gonzalez Michaud Boustany Heller Pomeroy Let me be clear, this isn’t just a bill for New Berkley Gordon (TN) Miller (NC) Boyd Herseth Sandlin Price (GA) Bilbray Grayson Miller, George Brady (PA) Hill Putnam York and New Jersey—this is a bill for all Bishop (GA) Green, Al Mollohan Braley (IA) Hinojosa Radanovich Americans. We know that people from all 50 Bishop (NY) Grijalva Moore (WI) Bright Hodes Reyes states were in lower Manhattan on or after 9/ Blunt Hall (NY) Moran (VA) Broun (GA) Honda Rodriguez Boren Halvorson Murphy (CT) 11 and now are facing serious health con- Brown (SC) Hunter Roe (TN) Boswell Hare Murphy (NY) Brown-Waite, Issa Rogers (MI) cerns—there are 435 Congressional Districts Boucher Hastings (FL) Murphy, Patrick Ginny Johnson (IL) Rohrabacher and 431 of them are represented by the Brown, Corrine Heinrich Murphy, Tim Buchanan Johnson, E. B. Ros-Lehtinen names of constituents on the World Trade Burgess Higgins Nadler (NY) Burton (IN) Johnson, Sam Roskam Butterfield Himes Napolitano Buyer Jones Rush Center Health Registry. Capito Hinchey Nye Calvert Kagen Ryan (WI) After 9/11 we all said we would be there for Capps Hirono Obey Camp Kennedy Salazar these brave first responders—but today if we Capuano Holden Olver Campbell Kilpatrick (MI) Sa´ nchez, Linda vote against this bill we are asking those Cardoza Holt Owens Cao Kilroy T. Carnahan Hoyer Pallone Carter Kirkpatrick (AZ) Sanchez, Loretta same brave individuals to come to Wash- Carney Inslee Pascrell Childers Kline (MN) Schock ington, year after year to fight for their health Carson (IN) Israel Payne Chu Lamborn Schrader benefits—do we expect them to come here Castle Jackson (IL) Pelosi Clay Latham Sensenbrenner Castor (FL) Jackson Lee Perriello ten years from now? By then it may be too Coble Lee (CA) Shadegg Chaffetz (TX) Peters Cohen Linder Shimkus late for many of these men and women who Chandler Johnson (GA) Pingree (ME) Cooper Lipinski Shuler responded to their nation’s call of duty. Clarke Kanjorski Platts Costello Lofgren, Zoe Simpson I urge all my colleagues to support the Cleaver Kaptur Polis (CO) Crenshaw Lucas Smith (TX) Clyburn Kildee Price (NC) Cuellar Luetkemeyer Smith (WA) James Zadroga 9/11 Health and Compensa- Cole Kind Quigley Culberson Mack Space tion Act—once and for all let us stand up for Connolly (VA) King (NY) Rahall Davis (AL) Marchant Speier these brave Americans. Conyers Kissell Rangel Davis (IL) Markey (CO) Spratt Mrs. LOWEY. Madam Speaker, today the Costa Klein (FL) Reed Davis (KY) McCarthy (CA) Stark Courtney Kosmas Reichert Davis (TN) McCarthy (NY) Stearns House will consider the James Zadroga 9/11 Critz Kratovil Richardson DeFazio McCaul Stupak Health and Compensation Act. Crowley Kucinich Rogers (AL) Delahunt McHenry Sullivan More than 70,000 Americans from every Cummings Lance Rooney Deutch McIntyre Tanner Dahlkemper Langevin Ross state descended upon ground zero to help re- Diaz-Balart, L. McKeon Thornberry Davis (CA) Larsen (WA) Rothman (NJ) Djou McMorris Tiberi cover and rebuild after 9/11. Some have died DeGette Larson (CT) Roybal-Allard Doggett Rodgers Wamp from illnesses as a result and more than DeLauro Lee (NY) Ruppersberger Duncan Melancon Waters 17,000 who are ill lack the care they need. Dent Levin Ryan (OH) Ellsworth Miller (MI) Welch Dicks Lewis (GA) Sarbanes Fallin Miller, Gary Westmoreland Just as we provide medical care for our Dingell LoBiondo Schakowsky Filner Minnick Wu troops, we must care for those who heroically Donnelly (IN) Loebsack Schauer Flake Mitchell Young (AK) responded. Doyle Lowey Schiff Forbes Moore (KS) Young (FL) ´ Passage of the James Zadroga 9/11 Health Dreier Lujan Schwartz Driehaus Lungren, Daniel Scott (GA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and Compensation Act is a milestone for our Edwards (MD) E. Scott (VA) nation, as we finally fulfill our obligation to Edwards (TX) Lynch Serrano The SPEAKER pro tempore (during those who sacrificed so much for us. Our na- Ellison Maffei Sestak the vote). The Chair will remind all Emerson Maloney Shea-Porter tion owes a debt of gratitude that can never Engel Markey (MA) Sherman persons in the gallery that they are be fully repaid to the September 11 respond- Eshoo Marshall Sires here as guests of the House and that

VerDate Mar 15 2010 04:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.027 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8966 CONGRESSIONAL RECORD — HOUSE December 22, 2010 any manifestation of approval or dis- Senate amendment to H.R. 847, the James (1) TECHNICAL AND CONFORMING AMEND- approval of proceedings is in violation Zadroga 9/11 Health and Compensation Act. MENTS.—Title 5, United States Code, is of the rules of the House. Stated against: amended in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) of section 1214, in subsections (a), b 1736 Mrs. BIGGERT. Madam Speaker, on rollcall (e)(1), and (i) of section 1221, and in sub- No. 664 I was absent. Had I been present, I Mr. TERRY and BACHUS changed section (a)(2)(C)(i) of section 2302, by insert- would have voted ‘‘no.’’ ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or their vote from ‘‘yea’’ to ‘‘nay.’’ Mr. DAVIS of Kentucky. Madam Speaker, So the motion was agreed to. (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’ on Wednesday, December 22, 2010, I was ab- each place it appears. The result of the vote was announced sent for one vote. Had I been present I would (2) OTHER REFERENCES.—(A) Title 5, United as above recorded. States Code, is amended in subsection A motion to reconsider was laid on have voted on rollcall No. 664—‘‘no’’—Motion to concur in the Senate amendment to H.R. (b)(4)(B)(i) of section 1214 and in subsection the table. (e)(1) of section 1221, by inserting ‘‘or pro- Stated for: 847, James Zadroga 9/11 Health and Com- tected activity’’ after ‘‘disclosure’’ each Mr. BACA. Madam Speaker, I was absent pensation Act. place it appears. on Wednesday, December 22, 2010. I had f (B) Section 2302(b)(9) of title 5, United States Code, is amended— legislative business in the district. Had I been PERSONAL EXPLANATION present, I would have voted in support of the (i) by striking subparagraph (A)and insert- Mr. JOHNSON of Illinois. Madam Speaker, ing the following: Motion to Concur in the Senate Amendment to ‘‘(A) the exercise of any appeal, complaint, H.R. 847—James Zadroga 9/11 Health and unfortunately I was not able to be in Wash- ington, DC today to vote on the motion to con- or grievance right granted by any law, rule, Compensation Act. or regulation— Ms. CHU. Madam Speaker, I was absent on cur in the Senate Amendment to H.R. 847. ‘‘(i) with regard to remedying a violation December 22, 2010. Had I been present, I Had I been in Washington for this vote, I of paragraph (8); or would have voted ‘‘yes’’ on H.R. 847—James would have voted ‘‘present.’’ ‘‘(ii) with regard to remedying a violation Zadroga 9/11 Health and Compensation Act. f of any other law, rule, or regulation;’’; and Mr. BRALEY of Iowa. Madam Speaker, I re- (ii) in subparagraph (B), by inserting ‘‘(i) WHISTLEBLOWER PROTECTION gret missing floor votes on today, December or (ii)’’ after ‘‘subparagraph (A)’’. ENHANCEMENT ACT OF 2010 (C) Section 2302 of title 5, United States 22, 2010 due to travel. If I was present, I Mr. VAN HOLLEN. Madam Speaker, Code, is amended by adding at the end the would have voted: ‘‘yea’’ on rollcall 664, mo- following: tion to concur in the Senate Amendment to I ask unanimous consent to take from H.R. 847—James Zadroga 9/11 Health and the Speaker’s table the bill (S. 372) to ‘‘(f)(1) A disclosure shall not be excluded amend chapter 23 of title 5, United from subsection (b)(8) because— Compensation Act. ‘‘(A) the disclosure was made to a person, Ms. LEE of California. Madam Speaker, States Code, to clarify the disclosures including a supervisor, who participated in today I missed rollcall vote 664 on H.R. 847. of information protected from prohib- an activity that the employee or applicant Had I been present I would have voted ‘‘aye.’’ ited personnel practices, require a reasonably believed to be covered by sub- Ms. HERSETH SANDLIN. Madam Speaker, statement in nondisclosure policies, section (b)(8)(A)(ii); I regret that I was unable to participate in one forms, and agreements that such poli- ‘‘(B) the disclosure revealed information vote on the floor of the House of Representa- cies, forms, and agreements conform that had been previously disclosed; tives today. with certain disclosure protections, ‘‘(C) of the employee’s or applicant’s mo- The vote was the Motion to Concur in the provide certain authority for the Spe- tive for making the disclosure; ‘‘(D) the disclosure was not made in writ- Senate Amendment to H.R. 847—James cial Counsel, and for other purposes, ing; Zadroga 9/11 Health and Compensation Act. and ask for its immediate consider- ‘‘(E) the disclosure was made while the em- Had I been present, I would have voted ‘‘yea’’ ation in the House. ployee was off duty; or on that question. The Clerk read the title of the bill. ‘‘(F) of the amount of time which has Mr. GUTIERREZ. Madam Speaker, I was The SPEAKER pro tempore. Is there passed since the occurrence of the events de- unavoidably absent for votes in the House objection to the request of the gen- scribed in the disclosure. Chamber today. I would like the record to tleman from Maryland? ‘‘(2) If a disclosure is made during the nor- show that, had I been present, I would have There was no objection. mal course of duties of an employee, the dis- voted ‘‘yea’’ on rollcall vote 664. The text of the bill is as follows: closure shall not be excluded from sub- ´ Ms. LINDA T. SANCHEZ of California. S. 372 section (b)(8) if any employee who has authority to take, direct others to take, rec- Madam Speaker, unfortunately, I was unable Be it enacted by the Senate and House of Rep- ommend, or approve any personnel action to be present in the Capitol for votes on today, resentatives of the United States of America in with respect to the employee making the dis- December 22, 2010. However, had I been Congress assembled, closure, took, failed to take, or threatened present, I would have voted as follows: ‘‘yea’’ SECTION 1. SHORT TITLE. on H.R. 847—the James Zadroga 9/11 Health to take or fail to take a personnel action This Act may be cited as the ‘‘Whistle- with respect to that employee in reprisal for and Compensation Act. blower Protection Enhancement Act of the disclosure.’’. Mr. FILNER. Madam Speaker, on rollcall 2010’’. 664, I was away from the Capitol. Had I been TITLE I—PROTECTION OF CERTAIN DIS- SEC. 102. DEFINITIONAL AMENDMENTS. present, I would have voted ‘‘yea.’’ CLOSURES OF INFORMATION BY FED- Section 2302(a)(2) of title 5, United States Mrs. MILLER of Michigan. Madam Speaker, ERAL EMPLOYEES Code, is amended— on rollcall No. 664, had I been present, I SEC. 101. CLARIFICATION OF DISCLOSURES COV- (1) in subparagraph (B)(ii), by striking would have voted ‘‘yes.’’ ERED. ‘‘and’’ at the end; Mr. BECERRA. Madam Speaker, on (a) IN GENERAL.—Section 2302(b)(8) of title (2) in subparagraph (C)(iii), by striking the Wednesday, December 22, 2010, I missed 5, United States Code, is amended— period at the end and inserting ‘‘; and’’; and rollcall No. 664. If present, I would have voted (1) in subparagraph (A)(i)— (3) by adding at the end the following: (A) by striking ‘‘a violation’’ and inserting ‘‘(D) ‘disclosure’ means a formal or infor- ‘‘yea.’’ ‘‘any violation’’; and mal communication or transmission, but Ms. EDDIE BERNICE JOHNSON of Texas. (B) by adding ‘‘except for an alleged viola- does not include a communication con- Madam Speaker, on Wednesday, December tion that is a minor, inadvertent violation, cerning policy decisions that lawfully exer- 22, 2010, I requested and received a leave of and occurs during the conscientious carrying cise discretionary authority unless the em- absence for the rest of the week. out of official duties,’’ after ‘‘regulation,’’; ployee or applicant providing the disclosure Below is how I would have voted on the fol- and reasonably believes that the disclosure evi- lowing vote I missed during this time period. (2) in subparagraph (B)(i)— dences— On rollcall 664, H.R. 847, to amend the (A) by striking ‘‘a violation’’ and inserting ‘‘(i) any violation of any law, rule, or regu- Public Health Service Act to extend and im- ‘‘any violation (other than a violation of this lation, except for an alleged violation that is prove protections and services to individuals section)’’; and a minor, inadvertent violation, and occurs (B) by adding ‘‘except for an alleged viola- during the conscientious carrying out of offi- directly impacted by the terrorist attack in New tion that is a minor, inadvertent violation, cial duties; or York City on September 11, 2001, I would and occurs during the conscientious carrying ‘‘(ii) gross mismanagement, a gross waste have voted ‘‘yes.’’ out of official duties,’’ after regulation,’’. of funds, an abuse of authority, or a substan- Mr. GENE GREEN of Texas. Madam (b) PROHIBITED PERSONNEL PRACTICES tial and specific danger to public health or Speaker, I would have voted ‘‘aye’’ on the UNDER SECTION 2302(b)(9).— safety.’’.

VerDate Mar 15 2010 04:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.028 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8967 SEC. 103. REBUTTABLE PRESUMPTION. agreement that was in effect before the date to take, or threatened to take or fail to take Section 2302(b) of title 5, United States of enactment of this Act, but that does not the same personnel action, in the absence of Code, is amended by amending the matter contain the statement required under sec- such protected activity.’’. following paragraph (12) to read as follows: tion 2302(b)(13) of title 5, United States Code, SEC. 107. REMEDIES. ‘‘This subsection shall not be construed to (as added by this Act) for implementation or (a) ATTORNEY FEES.—Section 1204(m)(1) of authorize the withholding of information enforcement— title 5, United States Code, is amended by from Congress or the taking of any personnel (A) may be enforced with regard to a cur- striking ‘‘agency involved’’ and inserting action against an employee who discloses in- rent employee if the agency gives such em- ‘‘agency where the prevailing party was em- formation to Congress. For purposes of para- ployee notice of the statement; and ployed or had applied for employment at the graph (8), any presumption relating to the (B) may continue to be enforced after the time of the events giving rise to the case’’. performance of a duty by an employee whose effective date of this Act with regard to a (b) DAMAGES.—Sections 1214(g)(2) and conduct is the subject of a disclosure as de- former employee if the agency posts notice 1221(g)(1)(A)(ii) of title 5, United States Code, fined under subsection (a)(2)(D) may be re- of the statement on the agency website for are amended by striking all after ‘‘travel ex- butted by substantial evidence. For purposes the 1-year period following that effective penses,’’ and inserting ‘‘any other reasonable of paragraph (8), a determination as to date. and foreseeable consequential damages, and whether an employee or applicant reason- (c) RETALIATORY INVESTIGATIONS.— compensatory damages (including interest, ably believes that such employee or appli- (1) AGENCY INVESTIGATION.—Section 1214 of reasonable expert witness fees, and costs).’’ cant has disclosed information that evi- title 5, United States Code, is amended by each place it appears. dences any violation of law, rule, regulation, adding at the end the following: SEC. 108. JUDICIAL REVIEW. gross mismanagement, a gross waste of ‘‘(h) Any corrective action ordered under (a) IN GENERAL.—Section 7703(b) of title 5, funds, an abuse of authority, or a substantial this section to correct a prohibited personnel United States Code, is amended by striking and specific danger to public health or safety practice may include fees, costs, or damages the matter preceding paragraph (2) and in- shall be made by determining whether a dis- reasonably incurred due to an agency inves- serting the following: interested observer with knowledge of the es- tigation of the employee, if such investiga- ‘‘(b)(1)(A) Except as provided in subpara- sential facts known to and readily ascertain- graph (B) and paragraph (2) of this sub- tion was commenced, expanded, or extended able by the employee could reasonably con- section, a petition to review a final order or in retaliation for the disclosure or protected clude that the actions of the Government final decision of the Board shall be filed in activity that formed the basis of the correc- evidence such violations, mismanagement, the United States Court of Appeals for the tive action.’’. waste, abuse, or danger.’’. Federal Circuit. Notwithstanding any other (2) DAMAGES.—Section 1221(g) of title 5, provision of law, any petition for review SEC. 104. PERSONNEL ACTIONS AND PROHIBITED United States Code, is amended by adding at PERSONNEL PRACTICES. shall be filed within 60 days after the Board the end the following: (a) PERSONNEL ACTION.—Section issues notice of the final order or decision of 2302(a)(2)(A) of title 5, United States Code, is ‘‘(4) Any corrective action ordered under the Board. amended— this section to correct a prohibited personnel ‘‘(B) During the 5-year period beginning on (1) in clause (x), by striking ‘‘and’’ after practice may include fees, costs, or damages the effective date of the Whistleblower Pro- the semicolon; and reasonably incurred due to an agency inves- tection Enhancement Act of 2010, a petition (2) by redesignating clause (xi) as clause tigation of the employee, if such investiga- to review a final order or final decision of (xii) and inserting after clause (x) the fol- tion was commenced, expanded, or extended the Board that raises no challenge to the lowing: in retaliation for the disclosure or protected Board’s disposition of allegations of a pro- ‘‘(xi) the implementation or enforcement activity that formed the basis of the correc- hibited personnel practice described in sec- of any nondisclosure policy, form, or agree- tive action.’’. tion 2302(b) other than practices described in ment; and’’. SEC. 105. EXCLUSION OF AGENCIES BY THE section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), (b) PROHIBITED PERSONNEL PRACTICE.— PRESIDENT. or (D) shall be filed in the United States (1) IN GENERAL.—Section 2302(b) of title 5, Section 2302(a)(2)(C) of title 5, United Court of Appeals for the Federal Circuit or United States Code, is amended— States Code, is amended by striking clause any court of appeals of competent jurisdic- (A) in paragraph (11), by striking ‘‘or’’ at (ii) and inserting the following: tion as provided under paragraph (2).’’. the end; ‘‘(ii)(I) the Federal Bureau of Investiga- (b) REVIEW OBTAINED BY OFFICE OF PER- (B) in paragraph (12), by striking the pe- tion, the Central Intelligence Agency, the SONNEL MANAGEMENT.—Section 7703(d) of riod and inserting ‘‘; or’’; and Defense Intelligence Agency, the National title 5, United States Code, is amended to (C) by inserting after paragraph (12) the Geospatial-Intelligence Agency, the National read as follows: ‘‘(d)(1) Except as provided under paragraph following: Security Agency, the Office of the Director (2), this paragraph shall apply to any review ‘‘(13) implement or enforce any nondisclo- of National Intelligence, and the National obtained by the Director of the Office of Per- sure policy, form, or agreement, if such pol- Reconnaissance Office; and sonnel Management. The Director of the Of- icy, form, or agreement does not contain the ‘‘(II) as determined by the President, any fice of Personnel Management may obtain following statement: ‘These provisions are executive agency or unit thereof the prin- review of any final order or decision of the consistent with and do not supersede, con- cipal function of which is the conduct of for- Board by filing, within 60 days after the flict with, or otherwise alter the employee eign intelligence or counterintelligence ac- Board issues notice of the final order or deci- obligations, rights, or liabilities created by tivities, provided that the determination be sion of the Board, a petition for judicial re- Executive Order 13526 (75 Fed. Reg. 707; relat- made prior to a personnel action; or’’. view in the United States Court of Appeals SEC. 106. DISCIPLINARY ACTION. ing to classified national security informa- for the Federal Circuit if the Director deter- tion), or any successor thereto; Executive Section 1215(a)(3) of title 5, United States mines, in the discretion of the Director, that Order 12968 (60 Fed. Reg. 40245; relating to ac- Code, is amended to read as follows: the Board erred in interpreting a civil serv- cess to classified information), or any suc- ‘‘(3)(A) A final order of the Board may im- ice law, rule, or regulation affecting per- cessor thereto; section 7211 of title 5, United pose— sonnel management and that the Board’s de- States Code (governing disclosures to Con- ‘‘(i) disciplinary action consisting of re- cision will have a substantial impact on a gress); section 1034 of title 10, United States moval, reduction in grade, debarment from civil service law, rule, regulation, or policy Code (governing disclosure to Congress by Federal employment for a period not to ex- directive. If the Director did not intervene in members of the military); section 2302(b)(8) ceed 5 years, suspension, or reprimand; a matter before the Board, the Director may of title 5, United States Code (governing dis- ‘‘(ii) an assessment of a civil penalty not to not petition for review of a Board decision closures of illegality, waste, fraud, abuse, or exceed $1,000; or under this section unless the Director first public health or safety threats); the Intel- ‘‘(iii) any combination of disciplinary ac- petitions the Board for a reconsideration of ligence Identities Protection Act of 1982 (50 tions described under clause (i) and an as- its decision, and such petition is denied. In U.S.C. 421 et seq.) (governing disclosures that sessment described under clause (ii). addition to the named respondent, the Board could expose confidential Government ‘‘(B) In any case brought under paragraph and all other parties to the proceedings be- agents); and the statutes which protect (1) in which the Board finds that an em- fore the Board shall have the right to appear against disclosures that could compromise ployee has committed a prohibited personnel in the proceeding before the Court of Ap- national security, including sections 641, 793, practice under section 2302(b)(8), or 2302(b)(9) peals. The granting of the petition for judi- 794, 798, and 952 of title 18, United States (A)(i), (B), (C), or (D), the Board may impose cial review shall be at the discretion of the Code, and section 4(b) of the Subversive Ac- disciplinary action if the Board finds that Court of Appeals. tivities Control Act of 1950 (50 U.S.C. 783(b)). the activity protected under section ‘‘(2) During the 5-year period beginning on The definitions, requirements, obligations, 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) the effective date of the Whistleblower Pro- rights, sanctions, and liabilities created by was a significant motivating factor, even if tection Enhancement Act of 2010, this para- such Executive order and such statutory pro- other factors also motivated the decision, for graph shall apply to any review obtained by visions are incorporated into this agreement the employee’s decision to take, fail to take, the Director of the Office of Personnel Man- and are controlling.’ ’’. or threaten to take or fail to take a per- agement that raises no challenge to the (2) NONDISCLOSURE POLICY, FORM, OR AGREE- sonnel action, unless that employee dem- Board’s disposition of allegations of a pro- MENT IN EFFECT BEFORE THE DATE OF ENACT- onstrates, by preponderance of evidence, hibited personnel practice described in sec- MENT.—A nondisclosure policy, form, or that the employee would have taken, failed tion 2302(b) other than practices described in

VerDate Mar 15 2010 04:01 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.034 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8968 CONGRESSIONAL RECORD — HOUSE December 22, 2010 section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), (3) the term ‘‘censorship related to re- SEC. 112. ADVISING EMPLOYEES OF RIGHTS. or (D). The Director of the Office of Per- search, analysis, or technical information’’ Section 2302(c) of title 5, United States sonnel Management may obtain review of means any effort to distort, misrepresent, or Code, is amended by inserting ‘‘, including any final order or decision of the Board by suppress research, analysis, or technical in- how to make a lawful disclosure of informa- filing, within 60 days after the Board issues formation; tion that is specifically required by law or notice of the final order or decision of the (4) the term ‘‘covered position’’ has the Executive order to be kept classified in the Board, a petition for judicial review in the meaning given under section 2302(a)(2)(B) of interest of national defense or the conduct of United States Court of Appeals for the Fed- title 5, United States Code; foreign affairs to the Special Counsel, the In- eral Circuit or any court of appeals of com- (5) the term ‘‘employee’’ means an em- spector General of an agency, Congress, or petent jurisdiction as provided under sub- ployee in a covered position in an agency; other agency employee designated to receive section (b)(2) if the Director determines, in and such disclosures’’ after ‘‘chapter 12 of this the discretion of the Director, that the (6) the term ‘‘disclosure’’ has the meaning title’’. Board erred in interpreting a civil service given under section 2302(a)(2)(D) of title 5, SEC. 113. SPECIAL COUNSEL AMICUS CURIAE AP- law, rule, or regulation affecting personnel United States Code. PEARANCE. management and that the Board’s decision (b) PROTECTED DISCLOSURE.— Section 1212 of title 5, United States Code, will have a substantial impact on a civil (1) IN GENERAL.—Any disclosure of informa- is amended by adding at the end the fol- service law, rule, regulation, or policy direction by an employee or applicant for employ- lowing: tive. If the Director did not intervene in a ment that the employee or applicant reason- ‘‘(h)(1) The Special Counsel is authorized matter before the Board, the Director may ably believes is evidence of censorship re- to appear as amicus curiae in any action not petition for review of a Board decision lated to research, analysis, or technical in- brought in a court of the United States re- under this section unless the Director first formation— lated to any civil action brought in connec- petitions the Board for a reconsideration of (A) shall come within the protections of tion with section 2302(b) (8) or (9), or as oth- its decision, and such petition is denied. In section 2302(b)(8)(A) of title 5, United States erwise authorized by law. In any such action, addition to the named respondent, the Board Code, if— the Special Counsel is authorized to present and all other parties to the proceedings be- (i) the employee or applicant reasonably the views of the Special Counsel with respect fore the Board shall have the right to appear believes that the censorship related to re- to compliance with section 2302(b) (8) or (9) in the proceeding before the court of appeals. search, analysis, or technical information is and the impact court decisions would have The granting of the petition for judicial re- or will cause— on the enforcement of such provisions of law. view shall be at the discretion of the court of (I) any violation of law, rule, or regulation, ‘‘(2) A court of the United States shall appeals.’’. except for an alleged violation that is a grant the application of the Special Counsel SEC. 109. PROHIBITED PERSONNEL PRACTICES minor, inadvertent violation, and occurs dur- to appear in any such action for the purposes AFFECTING THE TRANSPORTATION ing the conscientious carrying out of official described under subsection (a).’’. SECURITY ADMINISTRATION. duties; or SEC. 114. SCOPE OF DUE PROCESS. (a) IN GENERAL.—Chapter 23 of title 5, United States Code, is amended— (II) gross mismanagement, a gross waste of (a) SPECIAL COUNSEL.—Section (1) by redesignating sections 2304 and 2305 funds, an abuse of authority, or a substantial 1214(b)(4)(B)(ii) of title 5, United States Code, as sections 2305 and 2306, respectively; and and specific danger to public health or safe- is amended by inserting ‘‘, after a finding (2) by inserting after section 2303 the fol- ty; and that a protected disclosure was a contrib- lowing: (ii) such disclosure is not specifically pro- uting factor,’’ after ‘‘ordered if’’. hibited by law or such information is not (b) INDIVIDUAL ACTION.—Section 1221(e)(2) ‘‘§ 2304. Prohibited personnel practices affect- specifically required by Executive order to of title 5, United States Code, is amended by ing the Transportation Security Adminis- be kept classified in the interest of national inserting ‘‘, after a finding that a protected tration defense or the conduct of foreign affairs; and disclosure was a contributing factor,’’ after ‘‘(a) IN GENERAL.—Notwithstanding any (B) shall come within the protections of ‘‘ordered if’’. other provision of law, any individual hold- section 2302(b)(8)(B) of title 5, United States SEC. 115. NONDISCLOSURE POLICIES, FORMS, ing or applying for a position within the Code, if— AND AGREEMENTS. Transportation Security Administration (i) the employee or applicant reasonably (a) IN GENERAL.— shall be covered by— believes that the censorship related to re- (1) REQUIREMENT.—Each agreement in ‘‘(1) the provisions of section 2302(b) (1), (8), search, analysis, or technical information is Standard Forms 312 and 4414 of the Govern- and (9); or will cause— ment and any other nondisclosure policy, ‘‘(2) any provision of law implementing (I) any violation of law, rule, or regulation, form, or agreement of the Government shall section 2302(b) (1), (8), or (9) by providing any except for an alleged violation that is a contain the following statement: ‘‘These re- right or remedy available to an employee or minor, inadvertent violation, and occurs dur- strictions are consistent with and do not su- applicant for employment in the civil serving the conscientious carrying out of official persede, conflict with, or otherwise alter the ice; and duties; or employee obligations, rights, or liabilities ‘‘(3) any rule or regulation prescribed (II) gross mismanagement, a gross waste of created by Executive Order 13526 (75 Fed. under any provision of law referred to in funds, an abuse of authority, or a substantial Reg. 707; relating to classified national secu- paragraph (1) or (2). and specific danger to public health or safe- rity information), or any successor thereto; ‘‘(b) RULE OF CONSTRUCTION.—Nothing in ty; and Executive Order 12968 (60 Fed. Reg. 40245; re- this section shall be construed to affect any (ii) the disclosure is made to the Special lating to access to classified information), or rights, apart from those described in sub- Counsel, or to the Inspector General of an any successor thereto; section 7211 of title 5, section (a), to which an individual described agency or another person designated by the United States Code (governing disclosures to in subsection (a) might otherwise be entitled head of the agency to receive such disclo- Congress); section 1034 of title 10, United under law.’’. sures, consistent with the protection of (b) TECHNICAL AND CONFORMING AMEND- States Code (governing disclosure to Con- sources and methods. MENT.—The table of sections for chapter 23 of gress by members of the military); section (2) DISCLOSURES NOT EXCLUDED.—A disclo- title 5, United States Code, is amended by 2302(b)(8) of title 5, United States Code (gov- sure shall not be excluded from paragraph (1) striking the items relating to sections 2304 erning disclosures of illegality, waste, fraud, for any reason described under section and 2305, respectively, and by inserting the abuse, or public health or safety threats); 2302(f)(1) or (2) of title 5, United States Code. following: the Intelligence Identities Protection Act of (3) RULE OF CONSTRUCTION.—Nothing in this 1982 (50 U.S.C. 421 et seq.) (governing disclo- ‘‘2304. Prohibited personnel practices affect- section shall be construed to imply any limi- sures that could expose confidential Govern- ing the Transportation Secu- tation on the protections of employees and ment agents); and the statutes which protect rity Administration. applicants afforded by any other provision of ‘‘2305. Responsibility of the Government Ac- against disclosure that may compromise the law, including protections with respect to national security, including sections 641, 793, countability Office. any disclosure of information believed to be ‘‘2306. Coordination with certain other provi- 794, 798, and 952 of title 18, United States evidence of censorship related to research, sions of law.’’. Code, and section 4(b) of the Subversive Ac- (c) EFFECTIVE DATE.—The amendments analysis, or technical information. tivities Act of 1950 (50 U.S.C. 783(b)). The made by this section shall take effect on the SEC. 111. CLARIFICATION OF WHISTLEBLOWER definitions, requirements, obligations, date of enactment of this section. RIGHTS FOR CRITICAL INFRASTRUC- rights, sanctions, and liabilities created by TURE INFORMATION. SEC. 110. DISCLOSURE OF CENSORSHIP RELATED such Executive order and such statutory pro- TO RESEARCH, ANALYSIS, OR TECH- Section 214(c) of the Homeland Security visions are incorporated into this agreement NICAL INFORMATION. Act of 2002 (6 U.S.C. 133(c)) is amended by and are controlling.’’. (a) DEFINITIONS.—In this subsection— adding at the end the following: ‘‘For pur- (2) ENFORCEABILITY.— (1) the term ‘‘agency’’ has the meaning poses of this section a permissible use of (A) IN GENERAL.—Any nondisclosure policy, given under section 2302(a)(2)(C) of title 5, independently obtained information includes form, or agreement described under para- United States Code; the disclosure of such information under sec- graph (1) that does not contain the state- (2) the term ‘‘applicant’’ means an appli- tion 2302(b)(8) of title 5, United States ment required under paragraph (1) may not cant for a covered position; Code.’’. be implemented or enforced to the extent

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such policy, form, or agreement is incon- (2) FIRST REPORT.—The first report de- ‘‘(B)(i) within 30 days after the date on sistent with that statement. scribed under paragraph (1) submitted after which the request for corrective action or (B) NONDISCLOSURE POLICY, FORM, OR the date of enactment of this Act shall in- appeal was duly submitted, such employee, AGREEMENT IN EFFECT BEFORE THE DATE OF clude an addendum required under that sub- former employee, or applicant for employ- ENACTMENT.—A nondisclosure policy, form, paragraph that covers the period beginning ment files a motion requesting a certifi- or agreement that was in effect before the on January 1, 2009 through the end of the fis- cation consistent with subparagraph (C) to date of enactment of this Act, but that does cal year 2009. the Board, any administrative law judge ap- not contain the statement required under SEC. 117. ALTERNATIVE REVIEW. pointed by the Board under section 3105 of this title and assigned to the case, or any paragraph (1)— (a) IN GENERAL.—Section 1221 of title 5, employee of the Board designated by the (i) may be enforced with regard to a cur- United States Code, is amended by adding at rent employee if the agency gives such em- Board and assigned to the case; and the end the following: ‘‘(ii) such employee has not previously ployee notice of the statement; and ‘‘(k)(1) In this subsection, the term ‘appro- (ii) may continue to be enforced after the filed a motion under clause (i) related to priate United States district court’, as used that request for corrective action; and effective date of this Act with regard to a with respect to an alleged prohibited per- former employee if the agency posts notice ‘‘(C) the Board, any administrative law sonnel practice, means the United States dis- judge appointed by the Board under section of the statement on the agency website for trict court for the judicial district in 3105 of this title and assigned to the case, or the 1-year period following that effective which— any employee of the Board designated by the date. ‘‘(A) the prohibited personnel practice is Board and assigned to the case certifies (b) PERSONS OTHER THAN GOVERNMENT EM- alleged to have been committed; or that— PLOYEES.—Notwithstanding subsection (a), a ‘‘(B) the employee, former employee, or ap- nondisclosure policy, form, or agreement ‘‘(i) under standard applicable to the re- plicant for employment allegedly affected by that is to be executed by a person connected view of motions to dismiss under rule 12(b)(6) such practice resides. with the conduct of an intelligence or intel- of the Federal Rules of Civil Procedure, in- ‘‘(2)(A) An employee, former employee, or ligence-related activity, other than an em- cluding rule 12(d), the request for corrective ployee or officer of the United States Gov- applicant for employment in any case to action (including any allegations made with ernment, may contain provisions appropriate which paragraph (3) or (4) applies may file an the motion under subparagraph (B)) would to the particular activity for which such doc- action at law or equity for de novo review in not be subject to dismissal; and ument is to be used. Such policy, form, or the appropriate United States district court ‘‘(ii)(I) the Board is not likely to dispose of agreement shall, at a minimum, require that in accordance with this subsection. the case within 270 days after the date on the person will not disclose any classified in- ‘‘(B) Upon initiation of any action under which a request for that corrective action formation received in the course of such ac- subparagraph (A), the Board shall stay any has been duly submitted; or tivity unless specifically authorized to do so other claims of such employee, former em- ‘‘(II) the case— by the United States Government. Such non- ployee, or applicant pending before the ‘‘(aa) consists of multiple claims; disclosure policy, form, or agreement shall Board at that time which arise out of the ‘‘(bb) requires complex or extensive dis- also make it clear that such forms do not bar same set of operative facts. Such claims covery; disclosures to Congress or to an authorized shall be stayed pending completion of the ac- ‘‘(cc) arises out of the same set of opera- official of an executive agency or the Depart- tion filed under subparagraph (A) before the tive facts as any civil action against the ment of Justice that are essential to report- appropriate United States district court and Government filed by the employee, former ing a substantial violation of law, consistent any associated appellate review. employee, or applicant pending in a Federal with the protection of sources and methods. ‘‘(3) This paragraph applies in any case in court; or SEC. 116. REPORTING REQUIREMENTS. which— ‘‘(dd) involves a novel question of law. (a) GOVERNMENT ACCOUNTABILITY OFFICE.— ‘‘(A) an employee, former employee, or ap- ‘‘(5) The Board shall grant or deny any mo- (1) REPORT.—Not later than 40 months plicant for employment— tion requesting a certification described after the date of enactment of this Act, the ‘‘(i) seeks corrective action from the Merit under paragraph (4)(ii) within 90 days after Comptroller General shall submit a report to Systems Protection Board under section the submission of such motion and the Board the Committee on Homeland Security and 1221(a) based on an alleged prohibited per- may not issue a decision on the merits of a Governmental Affairs of the Senate and the sonnel practice described in section 2302(b) request for corrective action within 15 days Committee on Oversight and Government (8) or (9) (A)(i), (B), (C), or (D) for which the after granting or denying a motion request- Reform of the House of Representatives on associated personnel action is an action cov- ing certification. the implementation of this title. ered under section 7512 or 7542; or ‘‘(6)(A) Any decision of the Board, any administrative law judge appointed by the (2) CONTENTS.—The report under this para- ‘‘(ii) files an appeal under section 7701(a) graph shall include— alleging as an affirmative defense the com- Board under section 3105 of this title and as- (A) an analysis of any changes in the num- mission of a prohibited personnel practice signed to the case, or any employee of the Board designated by the Board and assigned ber of cases filed with the United States described in section 2302(b) (8) or (9) (A)(i), to the case to grant or deny a certification Merit Systems Protection Board alleging (B), (C), or (D) for which the associated per- described under paragraph (4)(ii) shall be re- violations of section 2302(b) (8) or (9) of title sonnel action is an action covered under sec- viewed on appeal of a final order or decision 5, United States Code, since the effective tion 7512 or 7542; of the Board under section 7703 only if— date of this Act; ‘‘(B) no final order or decision is issued by ‘‘(i) a motion requesting a certification (B) the outcome of the cases described the Board within 270 days after the date on was denied; and under subparagraph (A), including whether which a request for that corrective action or ‘‘(ii) the reviewing court vacates the deci- or not the United States Merit Systems Pro- appeal has been duly submitted, unless the sion of the Board on the merits of the claim tection Board, the Federal Circuit Court of Board determines that the employee, former under the standards set forth in section Appeals, or any other court determined the employee, or applicant for employment en- 7703(c). gaged in conduct intended to delay the allegations to be frivolous or malicious; ‘‘(B) The decision to deny the certification (C) an analysis of the outcome of cases de- issuance of a final order or decision by the shall be overturned by the reviewing court, scribed under subparagraph (A) that were de- Board; and and an order granting certification shall be cided by a United States District Court and ‘‘(C) such employee, former employee, or issued by the reviewing court, if such deci- the impact the process has on the Merit Sys- applicant provides written notice to the sion is found to be arbitrary, capricious, or tems Protection Board and the Federal court Board of filing an action under this sub- an abuse of discretion. system; and section before the filing of that action. ‘‘(C) The reviewing court’s decision shall (D) any other matter as determined by the ‘‘(4) This paragraph applies in any case in not be considered evidence of any determina- Comptroller General. which— tion by the Board, any administrative law (b) MERIT SYSTEMS PROTECTION BOARD.— ‘‘(A) an employee, former employee, or ap- judge appointed by the Board under section (1) IN GENERAL.—Each report submitted an- plicant for employment — 3105 of this title, or any employee of the nually by the Merit Systems Protection ‘‘(i) seeks corrective action from the Merit Board designated by the Board on the merits Board under section 1116 of title 31, United Systems Protection Board under section of the underlying allegations during the States Code, shall, with respect to the period 1221(a) based on an alleged prohibited per- course of any action at law or equity for de covered by such report, include as an adden- sonnel practice described in section 2302(b) novo review in the appropriate United States dum the following: (8) or (9) (A)(i), (B), (C), or (D) for which the district court in accordance with this sub- (A) Information relating to the outcome of associated personnel action is an action cov- section. cases decided during the applicable year of ered under section 7512 or 7542; or ‘‘(7) In any action filed under this sub- the report in which violations of section ‘‘(ii) files an appeal under section 7701(a)(1) section— 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of alleging as an affirmative defense the com- ‘‘(A) the district court shall have jurisdic- title 5, United States Code, were alleged. mission of a prohibited personnel practice tion without regard to the amount in con- (B) The number of such cases filed in the described in section 2302(b) (8) or (9) (A)(i), troversy; regional and field offices, the number of peti- (B), (C), or (D) for which the associated per- ‘‘(B) at the request of either party, such tions for review filed in such cases, and the sonnel action is an action covered under sec- action shall be tried by the court with a outcomes of such cases. tion 7512 or 7542; jury;

VerDate Mar 15 2010 04:01 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.034 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8970 CONGRESSIONAL RECORD — HOUSE December 22, 2010 ‘‘(C) the court— 8H of the Inspector General Act of 1978 (5 eign intelligence or counter intelligence ac- ‘‘(i) subject to clause (iii), shall apply the U.S.C. App);’’. tivities.’’. standards set forth in subsection (e); and (b) INSPECTOR GENERAL ACT OF 1978.—Sec- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) may award any relief which the court tion 8H of the Inspector General Act of 1978 MENT.—Section 8D(j) of the Inspector Gen- considers appropriate under subsection (g), (5 U.S.C. App) is amended— eral Act of 1978 (5 U.S.C. App.) is amended— except— (1) in subsection (a)(1), by adding at the (1) by striking ‘‘section 3(d)(1)’’ and insert- ‘‘(I) relief for compensatory damages may end the following: ing ‘‘section 3(d)(1)(A)’’; and not exceed $300,000; and ‘‘(D) An employee of any agency, as that (2) by striking ‘‘section 3(d)(2)’’ and insert- ‘‘(II) relief may not include punitive dam- term is defined under section 2302(a)(2)(C) of ing ‘‘section 3(d)(1)(B)’’. ages; and title 5, United States Code, who intends to (c) SUNSET.— ‘‘(iii) notwithstanding subsection (e)(2), report to Congress a complaint or informa- (1) IN GENERAL.—The amendments made by may not order relief if the agency dem- tion with respect to an urgent concern may this section shall cease to have effect on the onstrates by a preponderance of the evidence report the complaint or information to the date that is 5 years after the date of enact- that the agency would have taken the same Inspector General (or designee) of the agency ment of this Act. personnel action in the absence of such dis- of which that employee is employed.’’; (2) RETURN TO PRIOR AUTHORITY.—Upon the closure; and (2) in subsection (c), by striking ‘‘intel- date described in paragraph (1), section 3(d) ‘‘(D) the Special Counsel may not rep- ligence committees’’ and inserting ‘‘appro- and section 8D(j) of the Inspector General resent the employee, former employee, or ap- priate committees’’; Act of 1978 (5 U.S.C. App.) shall read as such plicant for employment. (3) in subsection (d)— sections read on the day before the date of enactment of this Act. ‘‘(8) An appeal from a final decision of a (A) in paragraph (1), by striking ‘‘either or district court in an action under this sub- both of the intelligence committees’’ and in- TITLE II—INTELLIGENCE COMMUNITY section shall be taken to the Court of Ap- serting ‘‘any of the appropriate commit- WHISTLEBLOWER PROTECTIONS peals for the Federal Circuit or any court of tees’’; and SEC. 201. PROTECTION OF INTELLIGENCE COM- appeals of competent jurisdiction. (B) in paragraphs (2) and (3), by striking MUNITY WHISTLEBLOWERS. ‘‘(9) This subsection applies with respect to ‘‘intelligence committees’’ each place that (a) IN GENERAL.—Chapter 23 of title 5, any appeal, petition, or other request for term appears and inserting ‘‘appropriate United States Code, is amended by inserting corrective action duly submitted to the committees’’; after section 2303 the following: Board, whether under section 1214(b)(2), the (4) in subsection (h)— ‘‘§ 2303A. Prohibited personnel practices in preceding provisions of this section, section (A) in paragraph (1)— the intelligence community 7513(d), section 7701, or any otherwise appli- (i) in subparagraph (A), by striking ‘‘intel- ‘‘(a) DEFINITIONS.—In this section— cable provisions of law, rule, or regulation.’’. ligence’’; and ‘‘(1) the term ‘agency’ means an executive (b) SUNSET.— (ii) in subparagraph (B), by inserting ‘‘or department or independent establishment, as (1) IN GENERAL.—Except as provided under an activity involving classified information’’ defined under sections 101 and 104, that con- paragraph (2), the amendments made by this after ‘‘an intelligence activity’’; and tains an intelligence community element, section shall cease to have effect 5 years (B) by striking paragraph (2), and inserting except the Federal Bureau of Investigation; after the effective date of this Act. the following: ‘‘(2) the term ‘intelligence community ele- (2) PENDING CLAIMS.—The amendments ‘‘(2) The term ‘appropriate committees’ ment’— made by this section shall continue to apply means the Permanent Select Committee on ‘‘(A) means— with respect to any claim pending before the Intelligence of the House of Representatives ‘‘(i) the Central Intelligence Agency, the Board on the last day of the 5-year period de- and the Select Committee on Intelligence of Defense Intelligence Agency, the National scribed under paragraph (1). the Senate, except that with respect to dis- Geospatial-Intelligence Agency, the National SEC. 118. MERIT SYSTEMS PROTECTION BOARD closures made by employees described in Security Agency, the Office of the Director SUMMARY JUDGMENT. subsection (a)(1)(D), the term ‘appropriate of National Intelligence, and the National (a) IN GENERAL.—Section 1204(b) of title 5, committees’ means the committees of appro- Reconnaissance Office; and United States Code, is amended— priate jurisdiction.’’. ‘‘(ii) any executive agency or unit thereof (1) by redesignating paragraph (3) as para- SEC. 120. WHISTLEBLOWER PROTECTION OM- determined by the President under section graph (4); BUDSMAN. 2302(a)(2)(C)(ii) of title 5, United States Code, (2) by inserting after paragraph (2) the fol- (a) IN GENERAL.—Section 3 of the Inspector to have as its principal function the conduct lowing: General Act of 1978 (5 U.S.C. App.) is amend- of foreign intelligence or counterintelligence ‘‘(3) With respect to a request for correc- ed by striking subsection (d) and inserting activities; and tive action based on an alleged prohibited the following: ‘‘(B) does not include the Federal Bureau ‘‘(d)(1) Each Inspector General shall, in ac- personnel practice described in section of Investigation; and cordance with applicable laws and regula- ‘‘(3) the term ‘personnel action’ means any 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for tions governing the civil service— which the associated personnel action is an action described in clauses (i) through (x) of ‘‘(A) appoint an Assistant Inspector Gen- section 2302(a)(2)(A) with respect to an em- action covered under section 7512 or 7542, the eral for Auditing who shall have the respon- Board, any administrative law judge ap- ployee in a position in an intelligence com- sibility for supervising the performance of munity element (other than a position of a pointed by the Board under section 3105 of auditing activities relating to programs and this title, or any employee of the Board des- confidential, policy-determining, policy- operations of the establishment; making, or policy-advocating character). ignated by the Board may, with respect to ‘‘(B) appoint an Assistant Inspector Gen- any party, grant a motion for summary judg- ‘‘(b) IN GENERAL.—Any employee of an eral for Investigations who shall have the re- agency who has authority to take, direct ment when the Board or the administrative sponsibility for supervising the performance law judge determines that there is no gen- others to take, recommend, or approve any of investigative activities relating to such personnel action, shall not, with respect to uine issue as to any material fact and that programs and operations; and the moving party is entitled to a judgment such authority, take or fail to take a per- ‘‘(C) designate a Whistleblower Protection sonnel action with respect to any employee as a matter of law.’’. Ombudsman who shall educate agency em- of an intelligence community element as a (b) SUNSET.— ployees— reprisal for a disclosure of information by (1) IN GENERAL.—Except as provided under ‘‘(i) about prohibitions on retaliation for the employee to the Director of National In- paragraph (2), the amendments made by this protected disclosures; and telligence (or an employee designated by the section shall cease to have effect 5 years ‘‘(ii) who have made or are contemplating Director of National Intelligence for such after the effective date of this Act. making a protected disclosure about the purpose), or to the head of the employing (2) PENDING CLAIMS.—The amendments rights and remedies against retaliation for agency (or an employee designated by the made by this section shall continue to apply protected disclosures. head of that agency for such purpose), which with respect to any claim pending before the ‘‘(2) The Whistleblower Protection Om- the employee reasonably believes evi- Board on the last day of the 5-year period de- budsman shall not act as a legal representa- dences— scribed under paragraph (1). tive, agent, or advocate of the employee or ‘‘(1) a violation of any law, rule, or regula- SEC. 119. DISCLOSURES OF CLASSIFIED INFOR- former employee. tion, except for an alleged violation that— MATION. ‘‘(3) For the purposes of this section, the ‘‘(A) is a minor, inadvertent violation; and (a) PROHIBITED PERSONNEL PRACTICES.— requirement of the designation of a Whistle- ‘‘(B) occurs during the conscientious car- Section 2302(b)(8) of title 5, United States blower Protection Ombudsman under para- rying out of official duties; or Code, is amended— graph (1)(C) shall not apply to— ‘‘(2) mismanagement, a gross waste of (1) in subparagraph (A), by striking ‘‘or’’ ‘‘(A) any agency that is an element of the funds, an abuse of authority, or a substantial after the semicolon; intelligence community (as defined in sec- and specific danger to public health or safe- (2) in subparagraph (B), by adding ‘‘or’’ tion 3(4) of the National Security Act of 1947 ty. after the semicolon; and (50 U.S.C. 401a(4))); or ‘‘(c) ENFORCEMENT.—The President shall (3) by adding at the end the following: ‘‘(B) as determined by the President, any provide for the enforcement of this section in ‘‘(C) any communication that complies executive agency or unit thereof the prin- a manner consistent with applicable provi- with subsection (a)(1), (d), or (h) of section cipal function of which is the conduct of for- sions of sections 1214 and 1221.

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‘‘(d) EXISTING RIGHTS PRESERVED.—Noth- ‘‘(D) that the employee or former employee ‘‘(D) the exercise of any appeal, complaint, ing in this section shall be construed to— has a right to a decision based on the record or grievance right granted by any law, rule, ‘‘(1) preempt or preclude any employee, or developed during the appeal; or regulation; applicant for employment, at the Federal ‘‘(E) that not more than 180 days shall pass ‘‘(E) testifying for or otherwise lawfully Bureau of Investigation from exercising from the filing of the appeal to the report of assisting any individual in the exercise of rights currently provided under any other the impartial fact-finder to the agency head any right referred to in subparagraph (D); or law, rule, or regulation, including section or the designee of the agency head, unless— ‘‘(F) cooperating with or disclosing infor- 2303; ‘‘(i) the employee and the agency con- mation to the Inspector General of an agen- ‘‘(2) repeal section 2303; or cerned agree to an extension; or cy, in accordance with applicable provisions ‘‘(3) provide the President or Director of ‘‘(ii) the impartial fact-finder determines of law in connection with an audit, inspec- National Intelligence the authority to revise in writing that a greater period of time is re- tion, or investigation conducted by the In- regulations related to section 2303, codified quired in the interest of fairness or national spector General, in part 27 of the Code of Federal Regula- security; if the actions described under subparagraphs tions.’’. ‘‘(F) for the use of information specifically (D) through (F) do not result in the employee required by Executive order to be kept clas- or applicant unlawfully disclosing informa- (b) TECHNICAL AND CONFORMING AMEND- sified in the interest of national defense or tion specifically required by Executive order MENT.—The table of sections for chapter 23 of title 5, United States Code, is amended by in- the conduct of foreign affairs in a manner to be kept classified in the interest of na- serting after the item relating to section 2303 consistent with the interests of national se- tional defense or the conduct of foreign af- curity, including ex parte submissions if the fairs. the following: agency determines that the interests of na- ‘‘(2) RULE OF CONSTRUCTION.—Consistent ‘‘2303A. Prohibited personnel practices in the tional security so warrant; and with the protection of sources and methods, intelligence community.’’. ‘‘(G) that the employee or former employee nothing in paragraph (1) shall be construed SEC. 202. REVIEW OF SECURITY CLEARANCE OR shall have no right to compel the production to authorize the withholding of information ACCESS DETERMINATIONS. of information specifically required by Exec- from the Congress or the taking of any per- utive order to be kept classified in the inter- sonnel action against an employee who dis- (a) IN GENERAL.—Section 3001(b) of the In- est of national defense or the conduct of for- closes information to the Congress. telligence Reform and Terrorism Prevention eign affairs, except evidence necessary to es- ‘‘(3) DISCLOSURES.— Act of 2004 (50 U.S.C. 435b(b)) is amended— tablish that the employee made the disclo- ‘‘(A) IN GENERAL.—A disclosure shall not be (1) in the matter preceding paragraph (1), sure or communication such employee al- excluded from paragraph (1) because— by striking ‘‘Not’’ and inserting ‘‘Except as leges was protected by subparagraphs (A), ‘‘(i) the disclosure was made to a person, otherwise provided, not’’; (B), and (C) of subsection (j)(1).’’. including a supervisor, who participated in (2) in paragraph (5), by striking ‘‘and’’ (b) RETALIATORY REVOCATION OF SECURITY an activity that the employee reasonably be- after the semicolon; CLEARANCES AND ACCESS DETERMINATIONS.— lieved to be covered by paragraph (1)(A)(ii); (3) in paragraph (6), by striking the period Section 3001 of the Intelligence Reform and ‘‘(ii) the disclosure revealed information at the end and inserting ‘‘; and’’; and Terrorism Prevention Act of 2004 (50 U.S.C. that had been previously disclosed; (4) by inserting after paragraph (6) the fol- 435b) is amended by adding at the end the ‘‘(iii) of the employee’s motive for making lowing: following: the disclosure; ‘‘(7) not later than 180 days after the date ‘‘(j) RETALIATORY REVOCATION OF SECURITY ‘‘(iv) the disclosure was not made in writ- of enactment of the Whistleblower Protec- CLEARANCES AND ACCESS DETERMINATIONS.— ing; tion Enhancement Act of 2010— ‘‘(1) IN GENERAL.—Agency personnel with ‘‘(v) the disclosure was made while the em- ‘‘(A) developing policies and procedures authority over personnel security clearance ployee was off duty; or that permit, to the extent practicable, indi- or access determinations shall not take or ‘‘(vi) of the amount of time which has viduals who challenge in good faith a deter- fail to take, or threaten to take or fail to passed since the occurrence of the events de- mination to suspend or revoke a security take, any action with respect to any employ- scribed in the disclosure. clearance or access to classified information ee’s security clearance or access determina- ‘‘(B) REPRISALS.—If a disclosure is made to retain their government employment station because of— during the normal course of duties of an em- tus while such challenge is pending; and ‘‘(A) any disclosure of information to the ployee, the disclosure shall not be excluded ‘‘(B) developing and implementing uniform Director of National Intelligence (or an em- from paragraph (1) if any employee who has and consistent policies and procedures to en- ployee designated by the Director of Na- authority to take, direct others to take, rec- sure proper protections during the process tional Intelligence for such purpose) or the ommend, or approve any personnel action for denying, suspending, or revoking a secu- head of the employing agency (or employee with respect to the employee making the dis- rity clearance or access to classified infor- designated by the head of that agency for closure, took, failed to take, or threatened mation, including the provision of a right to such purpose) by an employee that the em- to take or fail to take a personnel action appeal such a denial, suspension, or revoca- ployee reasonably believes evidences— with respect to that employee in reprisal for tion, except that there shall be no appeal of ‘‘(i) a violation of any law, rule, or regula- the disclosure. an agency’s suspension of a security clear- tion, except for an alleged violation that is a ‘‘(4) AGENCY ADJUDICATION.— ance or access determination for purposes of minor, inadvertent violation, and occurs dur- ‘‘(A) REMEDIAL PROCEDURE.—An employee conducting an investigation, if that suspen- ing the conscientious carrying out of official or former employee who believes that he or sion lasts no longer than 1 year or the head duties; or she has been subjected to a reprisal prohib- of the agency certifies that a longer suspen- ‘‘(ii) gross mismanagement, a gross waste ited by paragraph (1) of this subsection may, sion is needed before a final decision on de- of funds, an abuse of authority, or a substan- within 90 days after the issuance of notice of nial or revocation to prevent imminent harm tial and specific danger to public health or such decision, appeal that decision within to the national security. safety; the agency of that employee or former em- ‘‘Any limitation period applicable to an ‘‘(B) any disclosure to the Inspector Gen- ployee through proceedings authorized by agency appeal under paragraph (7) shall be eral of an agency or another employee des- paragraph (7) of subsection (a), except that tolled until the head of the agency (or in the ignated by the head of the agency to receive there shall be no appeal of an agency’s sus- case of any component of the Department of such disclosures, of information which the pension of a security clearance or access de- Defense, the Secretary of Defense) deter- employee reasonably believes evidences— termination for purposes of conducting an mines, with the concurrence of the Director ‘‘(i) a violation of any law, rule, or regula- investigation, if that suspension lasts not of National Intelligence, that the policies tion, except for an alleged violation that is a longer than 1 year (or a longer period in ac- and procedures described in paragraph (7) minor, inadvertent violation, and occurs dur- cordance with a certification made under have been established for the agency or the ing the conscientious carrying out of official subsection (b)(7)). Director of National Intelligence promul- duties; or ‘‘(B) CORRECTIVE ACTION.—If, in the course gates the policies and procedures under para- ‘‘(ii) gross mismanagement, a gross waste of proceedings authorized under subparagraph (7). The policies and procedures for ap- of funds, an abuse of authority, or a substan- graph (A), it is determined that the adverse peals developed under paragraph (7) shall be tial and specific danger to public health or security clearance or access determination comparable to the policies and procedures safety; violated paragraph (1) of this subsection, the pertaining to prohibited personnel practices ‘‘(C) any communication that complies agency shall take specific corrective action defined under section 2302(b)(8) of title 5, with— to return the employee or former employee, United States Code, and provide— ‘‘(i) subsection (a)(1), (d), or (h) of section as nearly as practicable and reasonable, to ‘‘(A) for an independent and impartial fact- 8H of the Inspector General Act of 1978 (5 the position such employee or former em- finder; U.S.C. App.); ployee would have held had the violation not ‘‘(B) for notice and the opportunity to be ‘‘(ii) subsection (d)(5)(A), (D), or (G) of sec- occurred. Such corrective action shall in- heard, including the opportunity to present tion 17 of the Central Intelligence Agency clude reasonable attorney’s fees and any relevant evidence, including witness testi- Act of 1949 (50 U.S.C. 403q); or other reasonable costs incurred, and may in- mony; ‘‘(iii) subsection (k)(5)(A), (D), or (G), of clude back pay and related benefits, travel ‘‘(C) that the employee or former employee section 103H of the National Security Act of expenses, and compensatory damages not to may be represented by counsel; 1947 (50 U.S.C. 403–3h); exceed $300,000.

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‘‘(C) CONTRIBUTING FACTOR.—In deter- tive order, regulation, or policy concerning (c) ACCESS DETERMINATION DEFINED.—Sec- mining whether the adverse security clear- access to classified information. tion 3001(a) of the Intelligence Reform and ance or access determination violated para- ‘‘(H) REMEDIES.— Terrorism Prevention Act of 2004 (50 U.S.C. graph (1) of this subsection, the agency shall ‘‘(i) CORRECTIVE ACTION.—If the Board finds 435b(a)) is amended by adding at the end the find that paragraph (1) of this subsection was that the adverse security clearance or access following: violated if a disclosure described in para- determination violated paragraph (1), it ‘‘(9) The term ‘access determination’ graph (1) was a contributing factor in the ad- shall order the agency head to take specific means the process for determining whether verse security clearance or access deter- corrective action to return the employee or an employee— mination taken against the individual, un- former employee, as nearly as practicable ‘‘(A) is eligible for access to classified in- less the agency demonstrates by a prepon- and reasonable, to the position such em- formation in accordance with Executive derance of the evidence that it would have ployee or former employee would have held Order 12968 (60 Fed. Reg. 40245; relating to ac- taken the same action in the absence of such had the violation not occurred. Such correc- cess to classified information), or any suc- disclosure, giving the utmost deference to tive action shall include reasonable attor- cessor thereto, and Executive Order 10865 (25 the agency’s assessment of the particular ney’s fees and any other reasonable costs in- Fed. Reg. 1583; relating to safeguarding clas- threat to the national security interests of curred, and may include back pay and re- sified information with industry); and the United States in the instant matter. lated benefits, travel expenses, and compen- ‘‘(B) possesses a need to know under that ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR- satory damages not to exceed $300,000. The Order.’’. (d) RULE OF CONSTRUCTION.—Nothing in ANCE ACCESS DETERMINATIONS BY DIRECTOR OF Board may recommend, but may not order, section 3001 of the Intelligence Reform and NATIONAL INTELLIGENCE.— reinstatement or hiring of a former em- Terrorism Prevention Act of 2004 (50 U.S.C. ‘‘(A) DEFINITION.—In this paragraph, the ployee. The Board may order that the former 435b), as amended by this Act, shall be con- term ‘Board’ means the appellate review employee be treated as though the employee strued to require the repeal or replacement board established under section 204 of the were transferring from the most recent posi- of agency appeal procedures implementing Whistleblower Protection Enhancement Act tion held when seeking other positions with- Executive Order 12968 (60 Fed. Reg. 40245; re- of 2010. in the executive branch. Any corrective ac- lating to classified national security infor- ‘‘(B) APPEAL.—Within 60 days after receiv- tion shall not include the reinstating of any mation), or any successor thereto, and Exec- ing notice of an adverse final agency deter- security clearance or access determination. utive Order 10865 (25 Fed. Reg. 1583; relating mination under a proceeding under para- The agency head shall take the actions so or- to safeguarding classified information with graph (4), an employee or former employee dered within 90 days, unless the Director of industry), or any successor thereto, that may appeal that determination to the Board. National Intelligence, the Secretary of En- meet the requirements of section 3001(b)(7) of ‘‘(C) POLICIES AND PROCEDURES.—The ergy, or the Secretary of Defense, in the case such Act, as so amended. Board, in consultation with the Attorney of any component of the Department of De- SEC. 203. REVISIONS RELATING TO THE INTEL- General, Director of National Intelligence, fense, determines that doing so would endan- LIGENCE COMMUNITY WHISTLE- and the Secretary of Defense, shall develop ger national security. BLOWER PROTECTION ACT. and implement policies and procedures for ‘‘(ii) RECOMMENDED ACTION.—If the Board (a) IN GENERAL.—Section 8H of the Inspec- adjudicating the appeals authorized by sub- finds that reinstating the employee or tor General Act of 1978 (5 U.S.C. App.) is paragraph (B). The Director of National In- former employee’s security clearance or ac- amended— telligence and Secretary of Defense shall cess determination is clearly consistent with (1) in subsection (b)— jointly approve any rules, regulations, or the interests of national security, it shall (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and guidance issued by the Board concerning the recommend such action to the head of the (B) by adding at the end the following: procedures for the use or handling of classi- entity selected under subsection (b) and the ‘‘(2) If the head of an establishment deter- fied information. head of the affected agency. mines that a complaint or information ‘‘(D) REVIEW.—The Board’s review shall be ‘‘(I) CONGRESSIONAL NOTIFICATION.— transmitted under paragraph (1) would cre- on the complete agency record, which shall ‘‘(i) ORDERS.—Consistent with the protec- ate a conflict of interest for the head of the be made available to the Board. The Board tion of sources and methods, at the time the establishment, the head of the establishment may not hear witnesses or admit additional Board issues an order, the Chairperson of the shall return the complaint or information to evidence. Any portions of the record that Board shall notify— the Inspector General with that determina- were submitted ex parte during the agency ‘‘(I) the Committee on Homeland Security tion and the Inspector General shall make proceedings shall be submitted ex parte to and Government Affairs of the Senate; the transmission to the Director of National the Board. ‘‘(II) the Select Committee on Intelligence Intelligence. In such a case, the require- ‘‘(E) FURTHER FACT-FINDING OR IMPROPER of the Senate; ments of this section for the head of the es- DENIAL.—If the Board concludes that further ‘‘(III) the Committee on Oversight and tablishment apply to the recipient of the In- fact-finding is necessary or finds that the Government Reform of the House of Rep- spector General’s transmission. The Director agency improperly denied the employee or resentatives; of National Intelligence shall consult with former employee the opportunity to present ‘‘(IV) the Permanent Select Committee on the members of the appellate review board evidence that, if admitted, would have a sub- Intelligence of the House of Representatives; established under section 204 of the Whistle- stantial likelihood of altering the outcome, and blower Protection Enhancement Review Act of 2010 regarding all transmissions under this the Board shall remand the matter to the ‘‘(V) the committees of the Senate and the paragraph.’’; agency from which it originated for addi- House of Representatives that have jurisdic- (2) by designating subsection (h) as sub- tional proceedings in accordance with the tion over the employing agency, including in section (i); and rules of procedure issued by the Board. the case of a final order or decision of the (3) by inserting after subsection (g), the ‘‘(F) DE NOVO DETERMINATION.—The Board Defense Intelligence Agency, the National following: shall make a de novo determination, based Geospatial-Intelligence Agency, the National ‘‘(h) An individual who has submitted a on the entire record and under the standards Security Agency, or the National Reconnais- complaint or information to an Inspector specified in paragraph (4), of whether the em- sance Office, the Committee on Armed Serv- General under this section may notify any ployee or former employee received an ad- ices of the Senate and the Committee on member of Congress or congressional staff verse security clearance or access deter- Armed Services of the House of Representa- member of the fact that such individual has mination in violation of paragraph (1). In tives. made a submission to that particular Inspec- considering the record, the Board may weigh ‘‘(ii) RECOMMENDATIONS.—If the agency tor General, and of the date on which such the evidence, judge the credibility of wit- head and the head of the entity selected submission was made.’’. nesses, and determine controverted ques- under subsection (b) do not follow the (b) CENTRAL INTELLIGENCE AGENCY.—Sec- tions of fact. In doing so, the Board may con- Board’s recommendation to reinstate a tion 17(d)(5) of the Central Intelligence Agen- sider the prior fact-finder’s opportunity to clearance, the head of the entity selected cy Act of 1949 (50 U.S.C. 403q) is amended— see and hear the witnesses. under subsection (b) shall notify the com- (1) in subparagraph (B)— ‘‘(G) ADVERSE SECURITY CLEARANCE OR AC- mittees described in subclauses (I) through (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and CESS DETERMINATION.—If the Board finds that (V) of clause (i). (B) by adding at the end the following: the adverse security clearance or access de- ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec- ‘‘(ii) If the Director determines that a com- termination violated paragraph (1), it shall tion shall be construed to permit or require plaint or information transmitted under then separately determine whether rein- judicial review of any— paragraph (1) would create a conflict of in- stating the security clearance or access de- ‘‘(A) agency action under this section; or terest for the Director, the Director shall re- termination is clearly consistent with the ‘‘(B) action of the appellate review board turn the complaint or information to the In- interests of national security, with any established under section 204 of the Whistle- spector General with that determination and doubt resolved in favor of national security, blower Protection Enhancement Act of 2010. the Inspector General shall make the trans- under Executive Order 12968 (60 Fed. Reg. ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in mission to the Director of National Intel- 40245; relating to access to classified infor- this section shall be construed to permit, au- ligence. In such a case the requirements of mation) or any successor thereto (including thorize, or require a private cause of action this subsection for the Director apply to the any adjudicative guidelines promulgated to challenge the merits of a security clear- recipient of the Inspector General’s submis- under such orders) or any subsequent Execu- ance determination.’’. sion; and’’; and

VerDate Mar 15 2010 04:01 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.035 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8973 (2) by adding at the end the following: rorism Prevention Act of 2004 (50 U.S.C. ment Reform, I rise in strong support of S. ‘‘(H) An individual who has submitted a 435b), as amended by this Act, shall not 372, the Whistleblower Protection Enhance- complaint or information to the Inspector apply to adverse security clearance or access ment Act of 2010. General under this section may notify any determinations if the affected employee is I want to congratulate Senator AKAKA and member of Congress or congressional staff concurrently terminated under— member of the fact that such individual has (1) section 1609 of title 10, United States the other Senate sponsors of S. 372 for their made a submission to the Inspector General, Code; efforts. I commend the persistence they have and of the date on which such submission (2) the authority of the Director of Na- demonstrated in championing this good gov- was made.’’. tional Intelligence under section 102A(m) of ernment bill. SEC. 204. REGULATIONS; REPORTING REQUIRE- the National Security Act of 1947 (50 U.S.C. I’m proud to be an original co-sponsor of MENTS; NONAPPLICABILITY TO CER- 403–1(m)), if— H.R. 1507, the bipartisan companion bill to S. TAIN TERMINATIONS. (A) the Director personally summarily ter- 372. H.R. 1507 was introduced by Represent- (a) DEFINITIONS.—In this section— minates the individual; and ative VAN HOLLEN last year. I want to thank (1) the term ‘‘congressional oversight com- (B) the Director— mittees’’ means the— (i) determines the termination to be in the Mr. VAN HOLLEN and all the co-sponsors of (A) the Committee on Homeland Security interest of the United States; H.R. 1507, including Mr. PLATTS of Pennsyl- and Government Affairs of the Senate; (ii) determines that the procedures pre- vania. They have demonstrated exceptional (B) the Select Committee on Intelligence scribed in other provisions of law that au- leadership in support of government whistle- of the Senate; thorize the termination of the employment blowers. (C) the Committee on Oversight and Gov- of such employee cannot be invoked in a This legislation is long overdue. Different ernment Reform of the House of Representa- manner consistent with the national secu- versions of this legislation have been intro- tives; and rity; and (D) the Permanent Select Committee on duced in every Congress for the last 12 years. (iii) not later than 5 days after such termi- The Oversight Committee has long-recog- Intelligence of the House of Representatives; nation, notifies the congressional oversight and committees of the termination; nized that enhancing whistleblower protections (2) the term ‘‘intelligence community ele- (3) the authority of the Director of the will help the Congress to fulfill its role in bring- ment’’— Central Intelligence Agency under section ing about more honest, accountable, and ef- (A) means— 104A(e) of the National Security Act of 1947 fective government for the American people. (i) the Central Intelligence Agency, the De- (50 U.S.C. 403–4a(e)), if— Federal employees are often the first to wit- fense Intelligence Agency, the National (A) the Director personally summarily ter- ness abuses or misconduct that presents a Geospatial-Intelligence Agency, the National minates the individual; and Security Agency, the Office of the Director risk to the taxpayers. Providing strong protec- (B) the Director— tions for those who disclose misconduct helps of National Intelligence, and the National (i) determines the termination to be in the Reconnaissance Office; and interest of the United States; to promote a more accountable and trans- (ii) any executive agency or unit thereof (ii) determines that the procedures pre- parent federal bureaucracy. This legislation determined by the President under section scribed in other provisions of law that au- provides a means of securing justice to those 2302(a)(2)(C)(ii) of title 5, United States Code, thorize the termination of the employment individuals who are punished for doing the to have as its principal function the conduct of such employee cannot be invoked in a right thing. of foreign intelligence or counterintelligence manner consistent with the national secu- During Committee hearings on this legisla- activities; and rity; and (B) does not include the Federal Bureau of tion, we heard from courageous government (iii) not later than 5 days after such termi- workers who risked their careers to promote Investigation. nation, notifies the congressional oversight (b) REGULATIONS.— the common good. committees of the termination; or (1) IN GENERAL.—The Director of National (4) section 7532 of title 5, United States Mr. Franz Gayl, a civilian employee in the Intelligence shall prescribe regulations to Code, if— Marine Corps, testified about the retaliation he ensure that a personnel action shall not be (A) the agency head personally terminates faced. Mr. Gayl blew the whistle on significant taken against an employee of an intelligence the individual; and delays in the acquisition process—delays that community element as a reprisal for any dis- (B) the agency head— closure of information described in section were costing Marines their lives in Iraq. De- (i) determines the termination to be in the 2303A(b) of title 5, United States Code, as fense Secretary Gates ultimately agreed with interest of the United States; added by this Act. the proposals put forth by Mr. Gayl on troop (ii) determines that the procedures pre- (2) APPELLATE REVIEW BOARD.—Not later protection. However, Mr. Gayl remains at risk scribed in other provisions of law that au- than 180 days after the date of enactment of thorize the termination of the employment of losing his job. This bill will help Mr. Gayl, this Act, the Director of National Intel- of such employee cannot be invoked in a and many others like him. ligence, in consultation with the Secretary manner consistent with the national secu- We have heard from dozens of whistle- of Defense, the Attorney General, and the rity; and blowers who support this bill. I want to ac- heads of appropriate agencies, shall establish (iii) not later than 5 days after such termi- knowledge one in particular. Mr. Robert an appellate review board that is broadly nation, notifies the congressional oversight representative of affected Departments and Maclean is a former Federal Air Marshal who committees of the termination. agencies and is made up of individuals with was fired after disclosing a threat to aviation expertise in merit systems principles and na- TITLE III—SAVINGS CLAUSE; EFFECTIVE safety. Mr. MacLean’s case has been lingering tional security issues— DATE for far too long under the current system. He (A) to hear whistleblower appeals related SEC. 301. SAVINGS CLAUSE. has championed this bill because he knows to security clearance access determinations Nothing in this Act shall be construed to first hand that the current system is broken. I described in section 3001(j) of the Intel- imply any limitation on any protections af- thank him for his efforts on behalf of the coun- ligence Reform and Terrorism Prevention forded by any other provision of law to em- try. Act of 2004 (50 U.S.C. 435b), as added by this ployees and applicants. Act; and As many of you remember, the House of SEC. 302. EFFECTIVE DATE. Representatives passed similar legislation by (B) that shall include a subpanel that re- This Act shall take effect 30 days after the flects the composition of the intelligence date of enactment of this Act. a 331–94 vote in the 110th Congress. The committee, which shall be composed of intel- House also unanimously passed whistleblower ligence community elements and inspectors AMENDMENT OFFERED BY MR. VAN HOLLEN protections as an amendment to the Recovery general from intelligence community ele- Mr. VAN HOLLEN. Madam Speaker, Act at the beginning of this Congress. Unfortu- ments, for the purpose of hearing cases that I have an amenment at the desk. nately, that amendment was stripped out in arise in elements of the intelligence commu- The Clerk read as follows: conference with the Senate. nity. Amendment offered by Mr. VAN HOLLEN: (c) REPORT ON THE STATUS OF IMPLEMENTA- After a long process in the Senate, this bill Page 36, strike line 20 and all that follows TION OF REGULATIONS.—Not later than 2 comes before the House for a third time. I am through page 68, line 23. years after the date of enactment of this pleased the House-Senate compromise we Page 69, line 1, strike ‘‘ ’’ and in- Act, the Director of National Intelligence TITLE III are considering includes important provisions shall submit a report on the status of the im- sert ‘‘TITLE II’’. Page 69, line 3, strike ‘‘SEC. 301.’’ and in- from the House bill. For the first time, the bill plementation of the regulations promulgated will allow Federal workers the right to a jury under subsection (b) to the congressional sert ‘‘SEC. 201.’’. Page 69, line 7, strike ‘‘ ’’ and in- trial in Federal Court under some cir- oversight committees. SEC. 302. (d) NONAPPLICABILITY TO CERTAIN TERMI- sert ‘‘SEC. 202.’’. cumstances. NATIONS.—Section 2303A of title 5, United The amendment was agreed to. The legislation we’re considering today is a States Code, as added by this Act, and sec- Mr. TOWNS. Madam Speaker, as Chairman good compromise. However, I’m disappointed tion 3001 of the Intelligence Reform and Ter- of the Committee on Oversight and Govern- that the Senate did not agree to extend similar

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Retaliation and discrimination also I am also disappointed that we could not have reluctantly accepted the changes made breed a myriad of other costs that cannot be come to an agreement with the Republican by the Senate to narrow the circumstances quantified in the toll exacted on the health, side on extending protections to employees in under which cases can receive judicial review morale, and well-being of Federal employees the Intelligence Community. and to sunset these provisions in 5 years. who are entrusted to protect and serve our In spite of the bill’s imperfections and limita- This legislation also protects federal employ- Nation. Federal managers and supervisors tions, I wholeheartedly endorse this agree- ees for disclosures related to distortions of who engage in discriminatory conduct must be ment. This is a good government bill that will government science and extends to employ- judiciously and expeditiously disciplined. help to curb waste, fraud, and abuse in the ees of the Transportation Security Administra- S. 372, the ‘‘Whistleblower Protection En- Federal Government. tion. hancement Act of 2010’’ enhances the protec- I encourage the Senate to act quickly on our S. 372 is a good bipartisan, bicameral com- tion of Federal employees. It restores Con- modifications, and send the bill to President promise, and should be sent to the President gress’ intent to protect an employee who Obama without further delay. without further delay. This bill, as passed by makes any lawful disclosure of waste, fraud, Mr. VAN HOLLEN. Madam Speaker, I rise the Senate, included important protections for abuse, or illegality. S. 372 addresses court de- in strong support of S. 372, the Whistleblower national security employees. These provisions cisions that have limited the protections Con- Protection Enhancement Act of 2010. had been included with significant input from gress made available to Federal employees I would like to thank Senator AKAKA, and the the national security community and passed under the 1989 Whistleblower Protection Act. other Senators who have worked so hard to the Senate by unanimous consent. Unfortu- This legislation will improve the administra- advance this bill to provide stronger whistle- nately, jurisdictional disputes within the House tion of justice. It will allow non-intelligence blower protections. This effort has spanned have prompted us to remove these protections whistleblowers to bring their cases before a over a decade, and I am hopeful that it will in the interest of passing the rest of these es- jury under certain circumstances. The current come to a successful conclusion today. sential reforms. I regret the loss of these pro- administrative system will be further strength- Whistleblower protections are a critical com- visions and look forward to working with in- ened by allowing a limited number of more ponent in bringing about a more effective and coming Chairman ISSA to advance these pro- complex whistleblower cases to be considered accountable government. As the Congress tections for national security employees in the in Federal court by juries. The bill also will considers proposals to address the deficit, our next Congress. allow whistleblower appeals to be heard by work needs to be pursued on numerous I want to thank my cosponsor and partner the regional Federal appellate courts. fronts. Whistleblowers risk their careers to on this bill, TODD PLATTS for his assistance This bill further expands upon the protec- challenge abuses, and gross waste of govern- and strong leadership. I also want to thank tions for Federal employees in additional nec- ment resources. They deserve to be protected Chairman TOWNS and Ranking Member ISSA essary and meaningful ways. It extends whis- so they can carry out their important work con- for their strong support throughout this Con- tleblower protections to employees at the scientiously, and with the taxpayers best inter- gress to advance this important legislation. Transportation Security Administration. It clari- ests in mind. I’ll close by simply noting that this legislation fies that whistleblowers may disclose evidence By providing new rights, remedies, and pro- is long overdue. Without whistleblowers and of censorship of scientific or technical informa- tections for government whistleblowers, this the unfiltered information that government in- tion under the same standards that apply to bill takes an important step toward curbing siders can provide, the oversight functions disclosures of other kinds of waste, fraud, and waste, fraud, and abuse. This will aid our def- vested in Congress would be seriously com- abuse. It enhances protections for employees icit reduction efforts. promised, as would our efforts to rein in the facing retaliation after refusing to violate the S. 372, as passed by the Senate, reflects a federal budget deficit. I encourage all Mem- law or participating in an Inspector General in- bipartisan compromise between the original bers to support this important bill. vestigation. Senate bill and H.R. 1507, legislation I spon- Ms. JACKSON LEE of Texas. Madam This legislation will codify and strengthen sored with Representatives PLATTS, Chairman Speaker, I rise today in support of the S. 372, rules that preempt agencies from issuing regu- TOWNS, and Representatives WAXMAN and the ‘‘Whistleblower Protection Enhancement lations or directives that interfere with whistle- BRALEY. Act of 2010.’’ blower protections. I am also pleased to say, The Oversight and Government Reform S. 372 amends the Whistleblower Protection that for the first time, S. 327 will make com- Committee has reported similar legislation, on Act (WPA) and strengthens the rights and pro- pensatory damage awards available to whis- a bipartisan basis, in each of the last two Con- tections of Federal employees who come for- tleblowers. This is a key component in ensur- gresses. The House of Representatives has ward to disclose government waste, fraud, ing a whistleblower is made whole after suf- twice passed similar bills, once in 2007 with abuse, and mismanagement. The House has fering retaliation. This bill will also make it 331 votes and again as a bipartisan amend- passed similar legislation on a bipartisan basis easier for the Office of Special Counsel to dis- ment to the Recovery Act. in 2007 (H.R. 985) and 2009, as an amend- cipline agency managers who are found to re- Unfortunately, H.R. 1507 was stripped out of ment to the Recovery Act. taliate against employees. the Recovery Act during the conference with I am a staunch advocate for protecting Fed- It is my fervent expectation that this legisla- the Senate. eral employees from retaliation when they tion will meaningfully advance our national in- Over the course of the last two years, we come forward to disclose waste, fraud, abuse tegrity by deterring Federal managers from have worked with the Obama administration and mismanagement. Whistleblowers are violating the civil rights and civil liberties of and the Senate to work out a compromise that among the most patriotic and conscientious their fellow Federal workers, especially whis- retains the core protections for federal workers Federal employees. They take great risks to tleblowers. and national security personnel that were in- make certain that our Federal Government is I ask my colleagues to stand with me today cluded in bills passed by the House in 2007 functioning properly and effectively for all tax- and vote in favor of S. 327. and 2009. payers. They serve as indispensable guard- The bill was ordered to be read a The bill before us today restores Congress’ ians for the efficient use of taxpayer funds. third time, was read the third time, intent to protect an employee for any lawful This is an especially valuable service during and passed, and a motion to reconsider disclosure of waste, fraud, abuse, or illegality. this vital period of national economic recovery. was laid on the table. S. 372 addresses several court decisions that Unhindered exposure of waste, fraud and have limited the protections Congress made abuse identifies expensive break-downs in the f available to federal employees under the 1989 functioning of our Federal Government while Whistleblower Protection Act. These decisions also preserving the Federal funds we require MESSAGE FROM THE SENATE quite frankly have gutted the protections avail- to effectively serve our citizens. In some in- A message from the Senate by Ms. able to federal employees. stances, conscientious whistleblowers protect Byrd, one of its clerks, announced that This bill provides the opportunity for whistle- others from harm and actually save lives. So, the Senate has passed a bill of the fol- blower cases before the Merit Systems Pro- we must protect these attentive Federal em- lowing title in which the concurrence tection Board to be reviewed by all of the Fed- ployees who expose systemic lapses and proof the House is requested: eral Circuits. Moreover it provides an oppor- tect the integrity and proper functioning of our S. 4058. An act to extend certain expiring tunity for certain cases to receive jury trials. Federal Government. provisions providing enhanced protections This expansion of opportunity for judicial re- Discrimination and retaliation against Fed- for servicemembers relating to mortgages view is critical. While I would have preferred eral employees contravenes Federal law, puts and mortgage foreclosure.

VerDate Mar 15 2010 04:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.042 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8975 b 1740 A motion to reconsider was laid on ‘‘(3) COMPUTATION.—Any assessment or pre- the table. mium charge for an insured credit union SUPPORTING OLYMPIC DAY under this subsection shall be stated as a f Mr. VAN HOLLEN. Madam Speaker, percentage of its insured shares, as rep- I ask unanimous consent that the Com- GENERAL LEAVE resented on the previous call report of that mittee on Oversight and Government insured credit union. The percentage shall be Mr. VAN HOLLEN. Madam Speaker, identical for each insured credit union. Any Reform be discharged from further con- I ask unanimous consent that all Mem- insured credit union that fails to make time- sideration of the resolution (H. Res. bers may have 5 legislative days in ly payment of the assessment or special pre- 1461) supporting Olympic Day on June which to revise and extend their re- mium is subject to the procedures and pen- 23, 2010, and congratulating Team USA marks and include extraneous material alties described under subsections (d), (e), and World Fit participants, and ask for on the measures just considered. and (f) of section 202.’’. its immediate consideration in the The SPEAKER pro tempore. Is there SEC. 2. EQUITY RATIO. House. objection to the request of the gen- Section 202(h)(2) of the Federal Credit The Clerk read the title of the resolu- tleman from Maryland? Union Act (12 U.S.C. 1782(h)(2)) is amended tion. There was no objection. by striking ‘‘when applied to the Fund,’’ and inserting ‘‘which shall be calculated using The SPEAKER pro tempore. Is there f objection to the request of the gen- the financial statements of the Fund alone, CLARIFYING THE NATIONAL CRED- without any consolidation or combination tleman from Maryland? IT UNION ADMINISTRATION AU- with the financial statements of any other There was no objection. THORITY fund or entity,’’. The text of the resolution is as fol- SEC. 3. NET WORTH DEFINITION. lows: Mr. KLEIN of Florida. Madam Speak- er, I ask unanimous consent that the Section 216(o)(2) of the Federal Credit H. RES. 1461 Union Act (12 U.S.C. 1790d(o)(2)) is amended Committee on Financial Services be Whereas Olympic Day, June 23, 2010, cele- to read as follows: brates the Olympic ideal of developing peace discharged from further consideration ‘‘(2) NET WORTH.—The term ‘net worth’— through sport; of the bill (S. 4036) to clarify the Na- ‘‘(A) with respect to any insured credit Whereas June 23 marks the anniversary of tional Credit Union Administration au- union, means the retained earnings balance the founding of the modern Olympic move- thority to make stabilization fund ex- of the credit union, as determined under gen- ment, the date on which the Congress of penditures without borrowing from the erally accepted accounting principles, to- Paris approved the proposal of Pierre de Treasury, and ask for its immediate gether with any amounts that were pre- Coubertin to found the modern Olympics; consideration in the House. viously retained earnings of any other credit Whereas for more than 100 years, the The Clerk read the title of the bill. union with which the credit union has combined; Olympic movement has built a more peaceful The SPEAKER pro tempore. Is there and better world by educating young people ‘‘(B) with respect to any insured credit through amateur athletics, by bringing to- objection to the request of the gen- union, includes, at the Board’s discretion gether athletes from many countries in tleman from Florida? and subject to rules and regulations estab- friendly competition, and by forging new re- There was no objection. lished by the Board, assistance provided lationships bound by friendship, solidarity, The text of the bill is as follows: under section 208 to facilitate a least-cost and fair play; S. 4036 resolution consistent with the best interests Whereas the United States advocates the Be it enacted by the Senate and House of of the credit union system; and ideals of the Olympic movement; Representatives of the United States of America ‘‘(C) with respect to a low-income credit Whereas Olympic Day will encourage the in Congress assembled, union, includes secondary capital accounts development of Olympic and Paralympic that are— SECTION 1. STABILIZATION FUND. sport in the United States; ‘‘(i) uninsured; and (a) ADDITIONAL ADVANCES.—Section Whereas Team USA won an historic 37 ‘‘(ii) subordinate to all other claims 217(c)(3) of the Federal Credit Union Act (12 medals at the Vancouver 2010 Olympic Win- against the credit union, including the U.S.C. 1790e(c)(3)) is amended by inserting ter Games; claims of creditors, shareholders, and the before the period at the end the following: Whereas Team USA won 13 medals at the Fund.’’. ‘‘and any additional advances’’. Vancouver 2010 Paralympic Winter Games; (b) ASSESSMENTS.—Section 217 of the Fed- SEC. 4. STUDY OF NATIONAL CREDIT UNION AD- Whereas the USOC Paralympic Military eral Credit Union Act (12 U.S.C. 1790e) is MINISTRATION. Program provides post-rehabilitation sup- amended by striking subsection (d) and in- (a) STUDY.—The Comptroller General of port and mentoring to members of the serting the following: the United States shall conduct a study of United States Armed Forces who’ve sus- ‘‘(d) ASSESSMENT AUTHORITY.— the National Credit Union Administration’s tained physical injuries such as traumatic ‘‘(1) ASSESSMENTS RELATING TO EXPENDI- supervision of corporate credit unions and brain injury, spinal cord injury, amputation, TURES UNDER SUBSECTION (B).—In order to implementation of prompt corrective action. visual impairment or blindness, and stroke; make expenditures, as described in sub- (b) ISSUES TO BE STUDIED.—In conducting Whereas Olympic Day encourages the par- section (b), the Board may assess a special the study required under subsection (a), the ticipation of youth of the United States in premium with respect to each insured credit Comptroller General shall– Olympic and Paralympic sport; union in an aggregate amount that is reason- (1) determine the reasons for the failure of Whereas World Fit, a program established ably calculated to make any pending or fu- any corporate credit union since 2008; by Olympians and Paralympians to promote ture expenditure described in subsection (b), (2) evaluate the adequacy of the National physical fitness and a healthy lifestyle to which premium shall be due and payable not Credit Union Administration’s response to middle school children and connect them later than 60 days after the date of the as- the failures of corporate credit unions, in- with Olympic and Paralympic athletes and sessment. In setting the amount of any as- cluding with respect to protecting taxpayers, the Olympic Movement, helped 7,239 students sessment under this subsection, the Board avoiding moral hazard, minimizing the costs from 17 schools in 6 States walk a total of shall take into consideration any potential of resolving such corporate credit unions, 769,148 miles in 6 weeks during the 2010 pro- impact on credit union earnings that such an and the ability of insured credit unions to gram; assessment may have. bear any assessments levied to cover such Whereas Olympic Day will encourage the ‘‘(2) SPECIAL PREMIUMS RELATING TO REPAY- costs; teaching of Olympic history, health, arts, MENTS UNDER SUBSECTION (C)(3).—Not later (3) evaluate the effectiveness of implemen- and culture among the youth of the United than 90 days before the scheduled date of tation of prompt corrective action by the States; and each repayment described in subsection National Credit Union Administration for Whereas enthusiasm for Olympic and (c)(3), the Board shall set the amount of the both insured credit unions and corporate Paralympic sport is at an all-time high: upcoming repayment and shall determine credit unions; and Now, therefore, be it whether the Stabilization Fund will have (4) examine whether the National Credit Resolved, That the House of Representa- sufficient funds to make the repayment. If Union Administration has effectively imple- tives— the Stabilization Fund is not likely to have mented each of the recommendations by the (1) supports Olympic Day and the goals sufficient funds to make the repayment, the Inspector General of the National Credit that Olympic Day pursues; Board shall assess with respect to each in- Union Administration in its Material Loss (2) congratulates Team USA on their Van- sured credit union a special premium, which Review Reports, and, if not, the adequacy of couver 2010 accomplishments; and shall be due and payable not later than 60 the National Credit Union Administration’s (3) supports the goals of World Fit and con- days after the date of the assessment, in an reasons for not implementing such rec- gratulates its participants on the 2010 re- aggregate amount calculated to ensure that ommendation. sults. the Stabilization Fund is able to make the (c) REPORT TO COUNCIL.—Not later than 1 The resolution was agreed to. required repayment. year after the date of enactment of this Act,

VerDate Mar 15 2010 04:01 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.034 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8976 CONGRESSIONAL RECORD — HOUSE December 22, 2010 the Comptroller General shall submit a re- has greatly advanced the common interests cluding a subpoena for testimony or docu- port on the results of the study required of the United States and Romania in pro- ments, is sought or issued. If removal is under this section to— moting transatlantic and regional security sought for a proceeding described in the pre- (1) the Committee on Banking, Housing, and free market opportunities, and should vious sentence, and there is no other basis and Urban Affairs of the Senate; continue to provide for more economic and for removal, only that proceeding may be re- (2) the Committee on Financial Services of cultural exchanges, trade and investment, moved to the district court.’’. the House of Representatives; and and people-to-people contacts between the (b) CONFORMING AMENDMENTS.—Section (3) the Financial Stability Oversight Coun- United States and Romania; 1442(a) of title 28, United States Code, is cil. Whereas the talent, energy, and creativity amended— (d) COUNCIL REPORT OF ACTION.—Not later of the Romanian people have nurtured a vi- (1) in paragraph (1)— than 6 months after the date of receipt of the brant society and nation, embracing entre- (A) by striking ‘‘capacity for’’ and insert- report from the Comptroller General under preneurship, technological advance and inno- ing ‘‘capacity, for or relating to’’; and subsection (c), the Financial Stability Over- vation, and rooted deeply in the respect for (B) by striking ‘‘sued’’; and sight Council shall submit a report to the education, culture, and international co- (2) in each of paragraphs (3) and (4), by in- Committee on Banking, Housing, and Urban operation; and serting ‘‘or relating to’’ after ‘‘for’’. Affairs of the Senate and the Committee on Whereas Romanian Americans have con- (c) APPLICATION OF TIMING REQUIREMENT.— Financial Services of the House of Rep- tributed greatly to the history and develop- Section 1446 of title 28, United States Code, resentatives on actions taken in response to ment of the United States, and their rich is amended by adding at the end the fol- the report, including any recommendations cultural heritage and commitment to fur- lowing: issued to the National Credit Union Adminis- thering close relations between Romania and ‘‘(g) Where the civil action or criminal tration under section 120 of the Dodd-Frank the United States should be properly recog- prosecution that is removable under section Wall Street Reform and Consumer Protec- nized and praised: Now, therefore, be it 1442(a) is a proceeding in which a judicial tion Act (12 U.S.C. 5330). Resolved by the Senate (the House of Rep- order for testimony or documents is sought resentatives concurring), That Congress— or issued or sought to be enforced, the 30-day The bill was ordered to be read a requirement of subsections (b) and (c) is sat- third time, was read the third time, (1) celebrates the 130th anniversary of United States-Romanian diplomatic rela- isfied if the person or entity desiring to re- and passed, and a motion to reconsider tions; move the proceeding files the notice of re- was laid on the table. (2) congratulates the Romanian people on moval not later than 30 days after receiving, f their achievements as a great nation; and through service, notice of any such proceeding.’’. CELEBRATING 130 YEARS OF (3) reaffirms the deep bonds of trust and values between the United States and Roma- (d) REVIEWABILITY ON APPEAL.—Section UNITED STATES-ROMANIAN DIP- nia. 1447(d) of title 28, United States Code, is LOMATIC RELATIONS amended by inserting ‘‘1442 or’’ before The concurrent resolution was con- ‘‘1443’’. Mr. KLEIN of Florida. Madam Speak- curred in. SEC. 3. PAYGO COMPLIANCE. er, I ask unanimous consent that the A motion to reconsider was laid on The budgetary effects of this Act, for the Committee on Foreign Affairs be dis- the table. purpose of complying with the Statutory charged from further consideration of f Pay-As-You-Go Act of 2010, shall be deter- the concurrent resolution (S. Con. Res. mined by reference to the latest statement 67) celebrating 130 years of United REMOVAL CLARIFICATION ACT OF titled ‘‘Budgetary Effects of PAYGO Legisla- States-Romanian diplomatic relations, 2010 tion’’ for this Act, submitted for printing in the Congressional Record by the Chairman of congratulating the Romanian people Mr. JOHNSON of Georgia. Madam on their achievements as a great na- the House Budget Committee, provided that Speaker, I ask unanimous consent that such statement has been submitted prior to tion, and reaffirming the deep bonds of the Committee on the Judiciary be dis- the vote on passage. trust and values between the United charged from further consideration of Mr. JOHNSON of Georgia. Madam Speaker, States and Romania, a trusted and the bill (H.R. 6560) to amend title 28, the Removal Clarification Act of 2010 will en- most valued ally, and ask for its imme- United States Code, to clarify and im- able Federal officials—Federal officers, in the diate consideration in the House. prove certain provisions relating to the words of the statute—to remove cases filed The Clerk read the title of the con- removal of litigation against Federal against them to Federal court in accordance current resolution. officers or agencies to Federal courts, with the spirit and intent of the current Federal The SPEAKER pro tempore. Is there and for other purposes, and ask for its officer removal statute. objection to the request of the gen- immediate consideration in the House. Under the Federal officer removal statute, tleman from Florida? The Clerk read the title of the bill. 28 U.S.C. 1442(a), Federal officers are able to There was no objection. The SPEAKER pro tempore. Is there remove a case out of State court and into The text of the concurrent resolution objection to the request of the gen- Federal court when it involves the Federal offi- is as follows: tleman from Georgia? cer’s exercise of his or her official responsibil- S. CON. RES. 67 There was no objection. ities. Whereas the United States established dip- The text of the bill is as follows: However, more than 40 States have pre-suit lomatic relations with Romania in June 1880; H. R. 6560 discovery procedures that require individuals Whereas the United States and Romania to submit to deposition or respond to dis- are two countries united by shared values Be it enacted by the Senate and House of and a strong commitment to freedom, de- Representatives of the United States of America covery requests even when a civil action has mocracy, and prosperity; in Congress assembled, not yet been filed. Whereas Romania has shown, for the past SECTION 1. SHORT TITLE. Courts are split on whether the current Fed- 20 years, remarkable leadership in advancing This Act may be cited as the ‘‘Removal eral officer removal statute applies to pre-suit security and democratic principles in East- Clarification Act of 2010’’. discovery. This means that Federal officers ern Europe, the Western Balkans, and the SEC. 2. REMOVAL OF CERTAIN LITIGATION TO can be forced to litigate in State court despite Black Sea region, and has amply partici- FEDERAL COURTS. the Federal statute’s contrary intent. pated to the forging of a wider Europe, whole (a) CLARIFICATION OF INCLUSION OF CERTAIN This bill will clarify that a Federal officer may and free; TYPES OF PROCEEDINGS.—Section 1442 of title remove any legally enforceable demand for Whereas Romania’s commitment to meet- 28, United States Code, is amended— ing the greatest responsibilities and chal- (1) in subsection (a), in the matter pre- his or her testimony or documents, if the basis lenges of the 21st century is and has been re- ceding paragraph (1)— for contesting the demand has to do with the flected by its contribution to the inter- (A) by inserting ‘‘that is’’ after ‘‘or crimi- officer’s exercise of his or her official respon- national efforts of stabilization in Afghani- nal prosecution’’; sibilities. It will also allow for appeal to the stan and Iraq, its decision to participate in (B) by inserting ‘‘and that is’’ after ‘‘in a Federal circuit court if the district court re- the United States missile defense system in State court’’; and mands the matter back to the State court over Europe, its leadership in regional non- (C) by inserting ‘‘or directed to’’ after the objection of the Federal officer. proliferation and arms control, its active ‘‘against’’; and When a similar bill passed the House in pursuit of energy security solutions for (2) by adding at the end the following: South Eastern Europe, and its substantial ‘‘(c) As used in subsection (a), the terms July, I explained that the bill will not result in role in shaping a strong and effective North ‘civil action’ and ‘criminal prosecution’ in- the removal of the entire case when a Federal Atlantic Alliance; clude any proceeding (whether or not ancil- officer is merely served with a discovery re- Whereas the strategic partnership that ex- lary to another proceeding) to the extent quest. The version of the bill we consider ists between the United States and Romania that in such proceeding a judicial order, in- today reflects refinements proposed by the

VerDate Mar 15 2010 04:39 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.054 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8977 Senate to make that even clearer. The bill judicial rulings that guaranteed the rights governing appointments in the competitive serv- now states that ‘‘[i]f there is no other basis for and safety of all passengers, regardless of ice. Such employees shall be subject to removal removal, only that proceeding may be re- race, gender, or religious background, to sit by the Tax Court. wherever they desired on bus routes and at ‘‘(4) PAY.—The Tax Court may fix and adjust moved to the district court.’’ This makes very rest stops: Now, therefore, be it the compensation for the clerk and other em- clear that the Federal court must consider the Resolved, That the House of Representa- ployees of the Tax Court without regard to the discovery request served on the Federal offi- tives— provisions of chapter 51, subchapter III of chap- cial as a separate proceeding from the under- (1) honors the 50th anniversary of the Free- ter 53, or section 5373 of title 5, United States lying State court case. dom Rides; and Code. To the maximum extent feasible, the Tax This bill continues to have strong bipartisan (2) recognizes the extraordinary leadership Court shall compensate employees at rates con- support, and I would like to thank Chairman and sacrifice of the Freedom Riders in their sistent with those for employees holding comparable positions in courts established under Ar- CONYERS, Ranking Member SMITH, and the commitment to ending racial segregation in Ranking Member of the Courts Subcommittee, America. ticle III of the Constitution of the United States. ‘‘(5) PROGRAMS.—The Tax Court may estab- HOWARD COBLE of North Carolina, for their The resolution was agreed to. A motion to reconsider was laid on lish programs for employee evaluations, incen- work on this bill. I would also like to thank tive awards, flexible work schedules, premium Courts Subcommittee counsel Liz Stein for all the table. pay, and resolution of employee grievances. her tremendous work on this bill over several f ‘‘(6) DISCRIMINATION PROHIBITED.—The Tax months. Court shall— I urge my colleagues to support this impor- GENERAL LEAVE ‘‘(A) prohibit discrimination on the basis of tant legislation. Mr. JOHNSON of Georgia. Madam race, color, religion, age, sex, national origin, The bill was ordered to be engrossed political affiliation, marital status, or handi- Speaker, I ask unanimous consent that capping condition; and and read a third time, was read the all Members have 5 legislative days to ‘‘(B) promulgate procedures for resolving com- third time, and passed, and a motion to include their statements into the plaints of discrimination by employees and ap- reconsider was laid on the table. RECORD. plicants for employment. f The SPEAKER pro tempore. Is there ‘‘(7) EXPERTS AND CONSULTANTS.—The Tax objection to the request of the gen- Court may procure the services of experts and HONORING THE 50TH ANNIVER- tleman from Georgia? consultants under section 3109 of title 5, United SARY OF THE FREEDOM RIDES There was no objection. States Code. Mr. JOHNSON of Georgia. Madam ‘‘(8) RIGHTS TO CERTAIN APPEALS RESERVED.— Speaker, I ask unanimous consent that f Notwithstanding any other provision of law, an individual who is an employee of the Tax Court the Committee on the Judiciary be dis- REAL ESTATE JOBS AND on the day before the effective date of this sub- charged from further consideration of INVESTMENT ACT OF 2010 section and who, as of that day, was entitled House Resolution 1779 and ask for its Mr. MCDERMOTT. Madam Speaker, I to— immediate consideration in the House. ask unanimous consent to take from ‘‘(A) appeal a reduction in grade or removal The Clerk read the title of the resolu- to the Merit Systems Protection Board under the Speaker’s table the bill (H.R. 5901) tion. chapter 43 of title 5, United States Code, to amend the Internal Revenue Code of The SPEAKER pro tempore. Is there ‘‘(B) appeal an adverse action to the Merit 1986 to exempt certain stock of real es- objection to the request of the gen- Systems Protection Board under chapter 75 of tate investment trusts from the tax on title 5, United States Code, tleman from Georgia? foreign investment in United States ‘‘(C) appeal a prohibited personnel practice There was no objection. real property interests, and for other described under section 2302(b) of title 5, United The text of the resolution is as fol- purposes, with the Senate amendments States Code, to the Merit Systems Protection lows: thereto, and concur in the Senate Board under chapter 77 of that title, ‘‘(D) make an allegation of a prohibited per- H. RES. 1779 amendments. Whereas, on May 4, 1961, a Greyhound bus sonnel practice described under section 2302(b) The Clerk read the title of the bill. of title 5, United States Code, with the Office of left Washington, DC with black and white The text of the Senate amendments passengers and traveled South to challenge Special Counsel under chapter 12 of that title discriminatory racial segregation laws; is as follows: for action in accordance with that chapter, or Whereas, while the travels of these pas- Senate amendments: ‘‘(E) file an appeal with the Equal Employ- sengers were initially called a Journey of Strike all after the enacting clause and in- ment Opportunity Commission under part 1614 Reconciliation, their efforts would come to sert the following: of title 29 of the Code of Federal Regulations, be known as the Freedom Rides; SECTION 1. AUTHORITY OF TAX COURT TO AP- shall continue to be entitled to file such appeal Whereas these Southern-bound passengers, POINT EMPLOYEES. or make such an allegation so long as the indi- known as the Freedom Riders, were united (a) IN GENERAL.—Subsection (a) of section vidual remains an employee of the Tax Court. by their commitment to end segregation and 7471 of the Internal Revenue Code of 1986 (relat- ‘‘(9) COMPETITIVE STATUS.—Notwithstanding ongoing racial discrimination; ing to employees) is amended to read as follows: any other provision of law, any employee of the Whereas the Freedom Riders traveled into ‘‘(a) APPOINTMENT AND COMPENSATION.— Tax Court who has completed at least 1 year of states where Jim Crow laws were still preva- ‘‘(1) CLERK.—The Tax Court may appoint a continuous service under a non-temporary ap- lent, thus challenging the Federal Govern- clerk without regard to the provisions of title 5, pointment with the Tax Court acquires a comment to enforce its decision to overturn United States Code, governing appointments in petitive status for appointment to any position them by non-violently integrating the bus the competitive service. The clerk shall serve at in the competitive service for which the em- routes and rest stops; the pleasure of the Tax Court. ployee possesses the required qualifications. Whereas, on their journeys during the ‘‘(2) JUDGE-APPOINTED EMPLOYEES.— ‘‘(10) MERIT SYSTEM PRINCIPLES, PROHIBITED Summer of 1961, the Freedom Riders would ‘‘(A) IN GENERAL.—The judges and special PERSONNEL PRACTICES, AND PREFERENCE ELIGI- stop at locations in Virginia, North Carolina, trial judges of the Tax Court may appoint em- BLES.—Any personnel management system of Tennessee, South Carolina, Georgia, Florida, ployees, in such numbers as the Tax Court may the Tax Court shall— Alabama, Mississippi, Arkansas, and Lou- approve, without regard to the provisions of ‘‘(A) include the principles set forth in section isiana; title 5, United States Code, governing appoint- 2301(b) of title 5, United States Code; Whereas, at many times during the Free- ments in the competitive service. Any such em- ‘‘(B) prohibit personnel practices prohibited dom Rides, the Riders encountered antag- ployee shall serve at the pleasure of the ap- under section 2302(b) of title 5, United States onism, verbal abuse, acts of violence, and in- pointing judge. Code; and carceration, yet never gave up their commit- ‘‘(B) EXEMPTION FROM FEDERAL LEAVE PROVI- ‘‘(C) in the case of any individual who would ment to equality and social justice; SIONS.—A law clerk appointed under this sub- be a preference eligible in the executive branch, Whereas, led by James Farmer and the section shall be exempt from the provisions of provide preference for that individual in a man- Congress of Racial Equality, the Freedom subchapter I of chapter 63 of title 5, United ner and to an extent consistent with preference Riders were successful in part due to their States Code. Any unused sick leave or annual accorded to preference eligibles in the executive role-playing preparation and practice in non- leave standing to the law clerk’s credit as of the branch.’’. violence and Gandhian principles; effective date of this subsection shall remain (b) EFFECTIVE DATE.—The amendments made Whereas the Freedom Riders’ non-violent credited to the law clerk and shall be available by this section shall take effect on the date the actions would help expose to the Nation and to the law clerk upon separation from the Fed- United States Tax Court adopts a personnel the world the cruelty and injustice of Jim eral Government. management system after the date of the enact- Crow laws; and ‘‘(3) OTHER EMPLOYEES.—The Tax Court may ment of this Act. Whereas the Freedom Rides would spur the appoint necessary employees without regard to Amend the title so as to read: ‘‘An Act to Kennedy Administration to enforce laws and the provisions of title 5, United States Code, amend the Internal Revenue Code of 1986 to

VerDate Mar 15 2010 06:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.045 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8978 CONGRESSIONAL RECORD — HOUSE December 22, 2010 authorize the tax court to appoint employ- ‘‘(A) based on some fair approximation of demonstrating a slight, but significant reversal ees.’’. the proportionate contribution of the prop- of efforts to clean up the Nation’s waters over The SPEAKER pro tempore. Is there erty or facility to stormwater pollution (in the past 30 years. objection to the request of the gen- terms of quantities of pollutants, or volume For example, in the 1996 National Water or rate of stormwater discharge or runoff Quality Inventory report, States reported that tleman from Washington? from the property or facility); and There was no objection. ‘‘(B) used to pay or reimburse the costs as- of the 3.6 million miles of rivers and streams A motion to reconsider was laid on sociated with any stormwater management that were assessed, 64 percent were either the table. program (whether associated with a separate fully supporting all designated uses or were threatened for one or more of those uses. In f storm sewer system or a sewer system that manages a combination of stormwater and the 1998 report, this number improved to 65 MAKING A TECHNICAL CORREC- sanitary waste), including the full range of percent of assessed rivers and streams. How- TION TO IMPLEMENT THE VET- programmatic and structural costs attrib- ever, in the 2000 National Water Quality In- ERANS EMPLOYMENT OPPORTU- utable to collecting stormwater, reducing ventory report, this number slipped to only 61 NITIES ACT pollutants in stormwater, and reducing the percent of assessed rivers and streams either volume and rate of stormwater discharge, re- meeting water quality standards or being Mrs. DAVIS of California. Madam gardless of whether that reasonable fee, Speaker, I ask unanimous consent that charge, or assessment is denominated a tax. threatened for one or more of the waterbodies’ the Committee on House Administra- ‘‘(2) LIMITATION ON ACCOUNTS.— designated uses, and in the 2004 Inventory, tion be discharged from further consid- ‘‘(A) LIMITATION.—The payment or reim- this number slipped again, to 53 percent of riv- eration of the resolution (H. Res. 1783) bursement of any fee, charge, or assessment ers and streams fully supporting their des- making a technical correction to a described in paragraph (1) shall not be made ignated uses—a significant reversal in the using funds from any permanent authoriza- cross-reference in the final regulations trend toward meeting the goals of the Clean tion account in the Treasury. Water Act. issued by the Office of Compliance to ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- implement the Veterans Employment According to information from the Environ- TION OF FEDERAL GOVERNMENT.—Each departmental Protection Agency, stormwater remains Opportunities Act of 1998 that apply to ment, agency, or instrumentality of the ex- the House of Representatives and em- ecutive, legislative, and judicial branches of a leading cause of water quality impairment. ployees of the House of Representa- the Federal Government, as described in sub- For example, in the 2004 Water Quality Inven- tives, and ask for its immediate consid- section (a), shall not be obligated to pay or tory, discharges of urban stormwater are the leading source of impairment to 22,559 miles eration in the House. reimburse any fee, charge, or assessment described in paragraph (1), except to the extent (or 9.2 percent) of all impaired rivers and The Clerk read the title of the resolu- and in an amount provided in advance by streams, 701,024 acres (or 6.7 percent) of all tion. any appropriations Act to pay or reimburse impaired lakes, and 867 square miles (or 11.3 The SPEAKER pro tempore. Is there the fee, charge, or assessment.’’. percent) of all impaired estuaries. objection to the request of the gentle- Mr. OBERSTAR. Madam Speaker, I rise in The continuing negative environmental im- woman from California? strong support of S. 3481, a bill to amend the pacts of stormwater are echoed in a National There was no objection. Clean Water Act to clarify Federal responsi- Academy of Sciences 2009 report that ex- The text of the resolution is as fol- bility for stormwater pollution. pressed concern about the ‘‘unprecedented lows: I applaud the outstanding work of the spon- pace’’ of urbanization in the United States. Ac- H. RES. 1783 sors of this legislation, the distinguished Sen- cording to this report, ‘‘the creation of imper- Resolved, That section 3(b) of House Reso- ator from the State of Maryland (Mr. CARDIN), vious surfaces that accompanies urbanization lution 1757, agreed to December 15, 2010, is as well as the sponsor of the House com- profoundly affects how water moves both amended by striking paragraph (1) and redes- panion bill (H.R. 5724), the Delegate from the above and below ground during and following ignating paragraphs (2) through (5) as para- District of Columbia (Ms. NORTON), for their ef- storm events, the quality of stormwater, and graphs (1) through (4). forts to move this important legislation for the the ultimate condition of nearby rivers, lakes, The resolution was agreed to. protection of our Nation’s waters. and estuaries.’’ A motion to reconsider was laid on Simply put, this legislation clarifies that Fed- Madam Speaker, this National Academy of the table. eral agencies and departments are financially Sciences report made several findings on na- f responsible for any reasonable Federal, state, tional efforts to understand and manage urban CLARIFYING FEDERAL RESPONSI- or locally derived charges for treating or other- stormwater. A key finding was a lack of avail- BILITY TO PAY FOR wise addressing stormwater pollution that able resources to implement and enforce Fed- STORMWATER POLLUTION emanates from Federal property. eral and state stormwater control programs. Madam Speaker, over the past 4 years, the According to the report, ‘‘State and local gov- Mr. PERRIELLO. Madam Speaker, I Committee on Transportation and Infrastruc- ernments do not have adequate financial sup- ask unanimous consent to take from ture has examined the progress made over port to the stormwater program in a rigorous the Speaker’s table the bill (S. 3481) to the past few decades in improving the overall way.’’ While the report recommended that the amend the Federal Water Pollution quality of the Nation’s waters, as well as the Federal Government provide more financial Control Act to clarify Federal responsi- challenges that remain to achieving the goals support to state and local efforts to regulate bility for stormwater pollution, and of ‘‘fishable and swimmable waters’’ called for stormwater, such as through increased fund- ask for its immediate consideration in in the enactment of the 1972 Clean Water Act. ing of existing Clean Water Act authorities, the the House. Although significant progress has been report also highlights the importance of Fed- The Clerk read the title of the bill. made in the past four decades, approximately eral agencies contributing to the costs of envi- The SPEAKER pro tempore. Is there 40 percent of the Nation’s assessed rivers, ronmental and water quality protections, in- objection to the request of the gen- lakes, and coastal waters still do not meet cluding the costs of addressing sources of pol- tleman from Virginia? water quality standards. States, territories, lution originating or emanating from Federal There was no objection. Tribes, and other jurisdictions report that poor facilities. The text of the bill is as follows: water quality continues to affect aquatic life, This finding echoes concerns raised by nu- S. 3481 fish consumption, swimming, and sources of merous state and local governmental officials Be it enacted by the Senate and House of drinking water in all types of waterbodies. over how some Federal agencies have seem- Representatives of the United States of America In a recent report on the National Water ingly rejected local efforts to assess service in Congress assembled, Quality Inventory, States, territories, Tribes, fees to curb stormwater pollution originating or SECTION 1. FEDERAL RESPONSIBILITY TO PAY and interstate commissions report that they emanating from Federal facilities. FOR STORMWATER PROGRAMS. monitor only 33 percent of the Nation’s waters. Several states and municipalities, including Section 313 of the Federal Water Pollution Of those, about 44 percent of streams, 64 per- the District of Columbia, have taken aggres- Control Act (33 U.S.C. 1323) is amended by cent of lakes, and 30 percent of estuaries sive action to address ongoing sources of adding at the end the following: were not clean enough to support their des- stormwater pollution. Yet, when a significant ‘‘(c) REASONABLE SERVICE CHARGES.— percentage of Federal property owners take ‘‘(1) IN GENERAL.—For the purposes of this ignated uses (e.g., fishing and swimming). Act, reasonable service charges described in While these numbers highlight the remaining the position that they cannot be held respon- subsection (a) include any reasonable non- need to improve the quality of the Nation’s wa- sible for their pollution, it places a greater fi- discriminatory fee, charge, or assessment ters, they also demonstrate how this country’s nancial burden on our states, cities, commu- that is— record on improving water quality is slipping— nities, and local ratepayers, and makes it less

VerDate Mar 15 2010 04:39 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.046 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8979 likely that significant reductions in stormwater I urge my colleagues to join me in sup- County Management Associations, as well as pollution can be achieved. porting S. 3481. the National Association of Clean Water Agen- For example, in April 2010, the Regional Ms. NORTON. Madam Speaker, I rise today cies. All of these national groups understand Commissioner of the U.S. General Services in strong support of S. 3481 to amend the that stormwater management fees, without Administration, GSA, rejected efforts by the Federal Water Pollution Control Act, which any exceptions, are necessary for managing District of Columbia Water and Sewer Author- clarifies that the Federal Government, like pri- and reducing water pollution caused by ity, DCWASA, to collect an assessment under vate citizens and businesses, must take re- stormwater runoff. Moreover, they understand its Impervious Surface Area Billing Program sponsibility for the pollution it produces. This that many agencies in states and localities for impervious surfaces under the control of bill is the Senate companion to my bill, H.R. may stop paying their water and stormwater GSA. According to DCWASA, this charge is a 5724, cosponsored by my good friends from management fees if we do not act, putting ‘‘fair way to distribute the cost of maintaining Virginia and Arizona, Representative JIM even more financial burden on residents. storm sewers and protecting area waterways MORAN and Representative GABRIELLE GIF- Federal law has mandated that these local because it is based on a property’s contribu- FORDS. The bill passed the Senate with strong governments must collect these fees. No ex- tion of rainwater to the District’s sewer sys- bipartisan support because the Senate under- emption has been granted to Federal facilities. tem.’’ stood that this is simply an issue of fairness Please support S. 3481 to clarify the original S. 3481 amends section 313 of the Clean and equity to users and a matter of managing intent of the law. Water Act to clarify that ‘‘reasonable service pollution and protecting the environment. In I urge my colleagues to support this bill. charges’’ for addressing pollution from Federal fact, this bill simply clarifies current law, that Ms. EDDIE BERNICE JOHNSON of Texas. facilities includes reasonable nondiscriminatory the Federal Government has a responsibility Madam Speaker, I rise in strong support of S. fees, charges, or assessments that are based to pay its normal and customary fees as- 3481, a bill that would clarify Federal responsi- on the proportion of stormwater emanating sessed by local governments for managing bility for stormwater runoff from buildings, fa- from the facility and used to pay (or reim- polluted stormwater runoff from Federal prop- cilities, and lands owned or operated by the burse) costs associated with any stormwater erties, just as private citizens pay. The con- Federal government. This commonsense bill management program. sequence of failing to pass this bill is that we ensures that the Federal Government main- This is a simple effort to clarify, again, that give the Federal Government a free ride and tains its equitable responsibility for stormwater the Federal Government bears a proportional pass its fees on to our constituents throughout pollution runoff originating or emanating from responsibility for addressing pollution origi- the United States. its property. nating from its facilities, and should remain an Section 313 of the Federal Water Pollution I applaud the outstanding work of the spon- active participant in improving the nation’s Control Act states, ‘‘Each department, agency, sors of this legislation, the distinguished Sen- water quality and the overall environment. or instrumentality . . . of the Federal Govern- ator from the State of Maryland (Mr. CARDIN), The intent of subsection (c)(2)(A) of Section ment . . . shall be subject to, and comply with as well as the sponsor of the House com- 313 of the Clean Water Act, as added by S. all Federal, State, interstate, and local require- panion for this bill, the Delegate from the Dis- 3481, is to ensure that there is no increase in ments . . . in the same manner, and to the trict of Columbia (Ms. NORTON), for their ef- mandatory spending pursuant to the U.S. same extent as any nongovernmental entity forts to move this legislation so quickly to the Treasury’s permanent authority to pay, without including the payment of reasonable service President’s desk. further appropriation, the water and sewer charges.’’ However, the Government Account- Madam Speaker, simply put, this legislation service charges imposed by the government ability Office issued letters to Federal agencies clarifies that Federal agencies and depart- of the District of Columbia. The reference in in the District of Columbia instructing them not ments are financially responsible for any rea- such section to ‘‘any permanent authorization to pay the District of Columbia’s Water and sonable Federal, State, or locally derived account in the Treasury’’ refers to any account Sewer Authority’s, D.C. Water’s, Impervious for which a permanent appropriation exists, charges for treating or otherwise addressing Area Charge. D.C. Water calculates the such as the U.S. Treasury account entitled stormwater pollution that emanates from Fed- charges to manage stormwater runoff based ‘‘Federal Payment for Water and Sewer Serv- eral property. on the amount of impervious land occupied by Existing section 313 of the Clean Water Act ices’’, and does not imply that GSA’s Federal Buildings Fund may not be used to make such the landowner. Impervious surfaces, such as states that ‘‘Each department, agency, or in- payments. roofs, parking lots, sidewalks and other hard- strumentality . . . of the Federal Government In addition, the intent of subsection (c)(2)(B) ened surfaces are the major contributors to . . . shall be subject to, and comply with, all of Section 313 of the Clean Water Act, as stormwater runoff entering the sewer system Federal, State, interstate, and local require- added by S. 3481, is to require that Congress and local rivers, lakes and streams, causing ments . . . including the payment of reason- make available, in appropriations acts, the significant amounts of pollutants to enter these able service charges.’’ funds that could be used to pay stormwater waters. This bill clarifies that in my district and Unfortunately, over the past few months, fees, but not that the appropriations act would all other congressional districts, Federal agen- Congress has learned of several Federal need to state specifically or expressly that the cies must continue to pay their utility fees in- agencies, including some here in the Nation’s funds could be used to pay these charges. stead of passing the fees to our constituents. Capital, that have made the determination that Nothing in S. 3481 affects the payment by Nothing in this Act was intended to affect stormwater management fees are ‘‘taxes’’ for the United States or any department, inde- the payment by the United States or any de- which the agencies have claimed sovereign pendent establishment, or agency thereof of partment, independent establishment, or agen- immunity and have refused to pay. any sanitary sewer services furnished by the cy thereof of any sanitary sewer services fur- This has left several State and local munici- sanitary sewage works of the District of Co- nished by the sanitary sewage works of the palities with the financial responsibility of ad- lumbia through any connection thereto for di- District through any connection thereto for di- dressing ongoing sources of pollution to the rect use by the government of the United rect use by the government of the United Nation’s waters that any other private busi- States or any department, independent estab- States or any department, independent estab- ness, landowner, or homeowner would other- lishment, or agency thereof. The rules for lishment, or agency thereof. The rules for wise be responsible for paying. those payments are set forth in law, codified those payments are set forth in law codified at Polluted runoff from urban areas is the fast- at section 34–2112 of the D.C. Code, and section 34–2112 of the D.C. Code and nothing est growing source of water pollution in Amer- nothing in this bill amends or otherwise affects in this Act amends or otherwise affects those ica. As urbanization increases, impervious sur- those rules. rules. This bill requires that Congress make faces such as highways, roads, parking lots, Madam Speaker, this legislation has the available, in appropriations acts, the funds that and buildings replace non-impervious surfaces strong support of several organizations rep- could be used to pay for stormwater manage- that absorb stormwater. resenting state and local elected officials, in- ment charges, but not that the appropriations Runoff from impervious surfaces is a central cluding the National Governors Association, act would need to state specifically or ex- cause of pollution for the Nation’s waters, and the National Conference of State Legislatures, pressly that the funds could be used to pay is estimated to be the primary source of im- the Council of State Governments, the Na- these charges. pairment for 13 percent of rivers, 18 percent of tional Association of Counties, the National This bill is supported by The National Gov- lakes, and 32 percent of estuaries in the League of Cities, the U.S. Conference of May- ernors Association, the National Conference of United States. These are significant figures, ors, and the International City/County Manage- State Legislatures, the Council of State Gov- especially given that urban areas cover only 3 ment Association. It also has been endorsed ernments, the National Association of Coun- percent of the land mass of the country. by the National Association of Clean Water ties, the National League of Cities, the U.S. Even here, in the Nation’s Capital, pollution Agencies, NACWA. Conference of Mayors, the International City/ from stormwater runoff poses a significant

VerDate Mar 15 2010 04:39 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\A22DE7.064 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8980 CONGRESSIONAL RECORD — HOUSE December 22, 2010 challenge to the quality of local receiving wa- The Clerk read the title of the bill. lationship between the United States and indi- ters, and negatively impacts the overall envi- The SPEAKER pro tempore. Is there vidual tribal communities. ronmental health of the Chesapeake Bay. objection to the request of the gen- In the modern age many tribes develop part According to the Environmental Protection tleman from Virginia? of their trust lands to create economic oppor- Agency, stormwater runoff from urban and There was no objection. tunities for their people. In many cases their suburban areas is ‘‘a significant source of im- The text of the bill is as follows: ventures are successful and the tribe can use pairment to the Chesapeake Bay.’’ According S. 4058 their trust lands as they see fit, but in other to Agency statistics, 17 percent of phos- Be it enacted by the Senate and House of Rep- cases like that of Ohkay Owingeh the cum- phorus, 11 percent of nitrogen, and 9 percent resentatives of the United States of America in bersome nature of obtaining approval to lease of sediment loads to the Bay come from Congress assembled, their lands for economic activity can prevent stormwater runoff. SECTION 1. SHORT TITLE. very beneficial business ventures from ever In addition, chemical contaminants from run- This Act may be cited as the ‘‘Helping He- taking place and, thus, hindering the tribes off can rival or exceed the amount reaching roes Keep Their Homes Act of 2010’’. ability to provide for its own people. local waterways from industries, Federal facili- SEC. 2. EXTENSION OF ENHANCED PROTECTIONS The importance of allowing tribal govern- ties, and wastewater treatment plants. FOR SERVICEMEMBERS RELATING ments to enter into long term leases is para- TO MORTGAGES AND MORTGAGE Several states and municipalities, including mount to giving them the ability to create bet- FORECLOSURE UNDER ter opportunities for their tribal members, their the District of Columbia, have taken aggres- SERVICEMEMBERS CIVIL RELIEF sive action to address these ongoing sources ACT. children and future generations. Many tribes of pollution. Yet, when a significant percentage Paragraph (2) of section 2203(c) of the have vast lands that can benefit the tribe and surrounding areas economically, but because of property owners take the position that they Housing and Economic Recovery Act of 2008 (Public Law 110–289) is amended— of the process of getting secretarial approval cannot be held responsible for their pollution, (1) by striking ‘‘December 31, 2010’’ and in- to lease their own lands can be detrimental for it places a greater financial burden on our serting ‘‘December 31, 2012’’; and the tribe. States, cities, communities, and local-rate- (2) by striking ‘‘January 1, 2011’’ and in- I am asking my colleagues to support this payers, and makes it less likely that significant serting ‘‘January 1, 2013’’. no cost measure that will allow the tribe of reductions in stormwater pollution can be The bill was ordered to be read a Ohkay Owingeh to enter into long term leases achieved. third time, was read the third time, to expand economic opportunities for the tribe S. 3481 amends section 313 of the Clean and passed, and a motion to reconsider and to lift the cumbersome requirement of Water Act to clarify that ‘‘reasonable service was laid on the table. Secretarial Approval for use of their own charges’’ for addressing pollution from Federal f lands. facilities includes reasonable nondiscriminatory Many of my colleagues on both sides of the fees, charges, or assessments that are based LEASE AUTHORIZATION FOR aisle have supported such measures for other on the proportion of stormwater emanating OHKAY OWINGEH PUEBLO tribes around the country in this congress and from the facility and used to pay (or reim- Mr. LUJA´ N. Madam Speaker, I ask in congresses past; and this kind bipartisan burse) costs associated with any stormwater unanimous consent to take from the support is crucial to providing opportunities for management program. Speaker’s table the bill (S. 3903) to au- the small Pueblo of Ohkay Owingeh. Madam Speaker, in the amendment to sec- thorize leases of up to 99 years for The bill was ordered to be read a tion 313 of the Clean Water Act, a provision lands held in trust for Ohkay Owingeh third time, was read the third time, was included to rectify a specific problem in Pueblo, and ask for its immediate con- and passed, and a motion to reconsider the District of Columbia, where the U.S. De- sideration in the House. was laid on the table. partment of the Treasury has been paying The Clerk read the title of the bill. f some stormwater fees. The provision simply The SPEAKER pro tempore. Is there GENERAL LEAVE says that agencies and departments should objection to the request of the gen- Mr. LUJA´ N. Madam Speaker, I ask use their annual appropriated funds to pay for tleman from New Mexico? unanimous consent that all Members stormwater fees. This is exactly what they all There was no objection. may revise and extend their remarks do today in paying for their drinking water and The text of the bill is as follows: on the measures considered by unani- wastewater bills or any other utility bill. This S. 3903 new language requires that Congress make mous consent today. Be it enacted by the Senate and House of available, in appropriations acts, the funds that The SPEAKER pro tempore. Is there Representatives of the United States of America objection to the request of the gen- could be used for this purpose. It should not in Congress assembled, be interpreted as requiring appropriations act tleman from New Mexico? SECTION 1. OHKAY OWINGEH PUEBLO LEASING There was no objection. to state specifically or expressly that the funds AUTHORITY. could be used to pay these charges. The stat- Subsection (a) of the first section of the f utory language does not require this, and such Act of August 9, 1955 (25 U.S.C. 415(a)), is APPOINTING A COMMITTEE TO a restrictive reading is not intended. amended in the second sentence by inserting INFORM THE PRESIDENT ‘‘and lands held in trust for Ohkay Owingeh Madam Speaker, this legislation is a simple Mr. MCDERMOTT. Madam Speaker, I effort to clarify, again, that the Federal Gov- Pueblo’’ after ‘‘of land on the Devils Lake Sioux Reservation,’’. send to the desk a privileged resolution ernment bears a proportional responsibility for ´ and ask for its immediate consider- addressing pollution originating from its facili- Mr. LUJAN. Madam Speaker, today I rise to ask my colleagues to support an important ation. ties, and should remain an active participant in The Clerk read the resolution, as fol- measure that will allow the Pueblo of Ohkay improving National water quality and the over- lows: Owingeh, in Northern New Mexico, to expand all environment. H. RES. 1784 economic opportunities for their tribal mem- I urge passage of this bill. Resolved, That a committee of two Mem- The bill was ordered to be read a bers. bers of the House be appointed to wait upon third time, was read the third time, Ohkay Owingeh is a small tribal community the President of the United States and in- and passed, and a motion to reconsider (Pueblo) in the northern part of my district and form him that the House of Representatives was laid on the table. is part of the cultural fabric of Northern New has completed its business of the session and is ready to adjourn, unless the President has f Mexico. Since before Spanish rule, and Amer- ican Manifest Destiny the small pueblo of some other communication to make to them. HELPING HEROES KEEP THEIR Ohkay Owingeh used it’s surrounding lands to The resolution was agreed to. HOMES ACT OF 2010 provide for its people. A motion to reconsider was laid on Mr. PERRIELLO. Madam Speaker, I As history moved to present day the Federal the table. ask unanimous consent to take from government and tribal communities entered f the Speaker’s table the bill (S. 4058) to into trust treaties to provide for the well being b 1750 extend certain expiring provisions proof Indian people across our nation. As part of viding enhanced protections for serv- the federal government’s trust obligation to APPOINTMENT OF COMMITTEE TO icemembers relating to mortgages and tribal communities, putting lands into trust for NOTIFY THE PRESIDENT mortgage foreclosure, and ask for its use by tribal people is something that is fun- The SPEAKER pro tempore. Pursu- immediate consideration in the House. damental to the government-to-government re- ant to House Resolution 1784, the Chair

VerDate Mar 15 2010 07:34 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.066 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8981 appoints the following Members of the advises me that the President has di- And because the track runs in a circle, we House to the committee to notify the rected them to say that he has no fur- always seem to wind up in the same place— President: ther communications to make to the no closer to defeating the terrorists, no The gentleman from Maryland (Mr. House. progress made on key national security objec- HOYER); The SPEAKER pro tempore. The tives. The gentleman from Ohio (Mr. Chair thanks the gentleman. Here are some unvarnished facts you didn’t BOEHNER). f hear emphasized in the Afghanistan review: f THIS IS NO WAY TO RUN A Casualties are rising to record-setting levels. GOVERNMENT The Taliban remains not just viable but robust, AUTHORIZING CHAIR AND RANK- while Afghan governance remains ineffective ING MINORITY MEMBER OF EACH (Mr. GOHMERT asked and was given at best, corrupt at worst. STANDING COMMITTEE AND SUB- permission to address the House for 1 Hamid Karzai remains an unreliable loose COMMITTEE TO EXTEND RE- minute.) cannon, lashing out—according to one re- Mr. GOHMERT. Madam Speaker, this MARKS IN RECORD port—that he’d choose the Taliban over the bill that’s just passed has been indic- United States and the international community. Mr. MCDERMOTT. Madam Speaker, I ative of how things have gone here in The security situation continues to deterio- ask unanimous consent that the chair this last 2 years. People didn’t have a rate, with violence so great that the Red Cross and ranking minority member of each chance to read the bill. People didn’t says it’s nearly impossible for them to do their standing committee and each sub- have a chance to make amendments to humanitarian work. committee be permitted to extend the bill. their remarks in the CONGRESSIONAL There is no question the heroes from An article in the Washington Post several RECORD, up to and including the 9/11 deserved our full attention. They days ago put it best: ‘‘Afghanistan still remains Record’s last publication, and to in- deserved to have proper moneys raised a violent chaotic nation with as many signs of clude a summary of the work of that in proper ways in order to fund their American defeat as of victory.’’ committee or subcommittee. proper treatment. That should have With that context, what do we make of Sec- The SPEAKER pro tempore. Is there been done, but it wasn’t. No, we come retary Gates saying that progress in Afghani- objection to the request of the gen- rushing in here at the last minute, and stan has ‘‘exceeded my expectations’’? I shud- tleman from Washington? in fact, there were 176 Democrats that der to think at just how low his expectations There was no objection. voted. It took 42 Republicans voting to were. The American people, however, have high f give a quorum to get enough people so the vote would count. We had to wait expectations. that’s why 60 percent of them, GRANTING MEMBERS OF THE over an hour for people to fly in from according to a recent poll, believe that this war HOUSE PRIVILEGE TO REVISE different places. isn’t worth fighting. AND EXTEND REMARKS IN CON- Is that any way to run a government? Sixty percent, Madam Speaker! My friends GRESSIONAL RECORD UNTIL Is that any way to handle the business on the other side of the aisle are claiming a LAST EDITION IS PUBLISHED regarding heroes? And by the way, ringing mandate with less public support than that. Mr. MCDERMOTT. Madam Speaker, I we’re told, well, this will be paid for. ask unanimous consent that Members One of the ways we’re going to get a And the Afghan people are no more enthu- may have until publication of the last bunch of money to pay for that is our siastic. not even one-third of them rate the work of the work of the U.S. in their country edition of the CONGRESSIONAL RECORD troops are in the Middle East, and we authorized for the Second Session of have to buy things from vendors over as excellent or good. the 111th Congress by the Joint Com- there, and we’re going to slap a 2 per- And despite all this, the response appears mittee on Printing to revise and extend cent tax on everything they sell to us. to be not an accelerated drawdown, but an es- their remarks and to include brief, re- Our servicemembers will pay for it. calation of violence. There are reports that the United States is lated extraneous material on any mat- This is no way to run a government. considering expanding the war across the bor- ter occurring before the adjournment f der in an unprecedented way, with risky and of the Second Session sine die. THE AFGHANISTAN REVIEW: dangerous Special Operations ground raids The SPEAKER pro tempore. Is there THAT’S IT? into Pakistan. objection to the request of the gen- We can’t take much more, Madam Speaker. tleman from Washington? (Ms. WOOLSEY asked and was given This occupation has been given every chance There was no objection. permission to address the House for 1 minute and to revise and extend her re- to succeed. The time for patience has long f marks.) since passed. It’s time to bring the troops APPOINTMENT—BOARD OF DIREC- Ms. WOOLSEY. Madam Speaker, home. TORS OF VIETNAM EDUCATION after more than 9 years of the war in f Afghanistan and a troop surge that FOUNDATION TAKING CARE OF BUSINESS supposedly was going to turn the tide, The SPEAKER pro tempore. Pursu- all we have are modest gains that are (Mr. MCDERMOTT asked and was ant to section 205(a) of the Vietnam fragile and reversible. For the price of given permission to address the House Education Foundation Act of 2000 (P.L. $377 billion, the lives of 1,400 brave for 1 minute and to revise and extend 106–554), and the order of the House of Americans, that’s it? his remarks.) January 6, 2009, the Chair announces We need to hear more than ‘‘the chal- Mr. MCDERMOTT. Madam Speaker, the Speaker’s appointment of the fol- lenges are tough and there are difficult we’ve had a long, tough Congress, and lowing Member of the House to the days ahead.’’ We need to hear more we come to the end of it, and I’m sorry Board of Directors of the Vietnam Edu- than ‘‘stay the course’’ platitudes that that my good friend from Texas im- cation Foundation: do little to eliminate the situation for plied the vote was held open for some Upon the recommendation of the ma- the American people who are footing nefarious reasons. jority leader: the bill. We passed the bill for our first re- Ms. LORETTA SANCHEZ, California. Columnist Eugene Robinson assessed sponders a long time ago, and they fi- f the review this way: ‘‘The good news is nally got around to it over in the Sen- that President Obama’s strategy in Af- ate. Those people were important, and REPORT FROM COMMITTEE TO ghanistan is ‘on track.’ The bad news is it was important that we wait and NOTIFY THE PRESIDENT that the track runs in a circle.’’ make sure it gets over here and we get Mr. MCDERMOTT. Madam Speaker, Round and round on that track we it passed into law. your committee appointed to inform go, Madam Speaker. More of our finest Unfortunately, one of our Members the President that the House is ready young people thrown into harm’s way, had gone home to visit her grand- to adjourn and to ask him if he has any more dollars flying out of the Treas- mother, who is near the end of her life, further communications to make to ury, more of our global credibility de- and the plane was coming in and trying the House has performed that duty and stroyed. to drive in the traffic of the rush hour

VerDate Mar 15 2010 07:34 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K22DE7.046 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8982 CONGRESSIONAL RECORD — HOUSE December 22, 2010 makes it a little difficult. And so it TITLE I—EXTENSION OF TRADE ADJUST- ‘‘(A) in subsection (a), by substituting ‘Feb- didn’t happen quite as quickly as we MENT ASSISTANCE AND HEALTH COV- ruary 12, 2011’ for ‘December 31, 2007’ each wanted, but I’m sure at this time of ERAGE IMPROVEMENT place it appears; and Christmas, when we all believe that we Subtitle A—Extension of Trade Adjustment ‘‘(B) by applying and administering sub- Assistance section (b) as if it read as follows: want good will for all men and all ‘‘ ‘(b) OTHER ASSISTANCE.— Sec. 101. Extension of trade adjustment assist- women around the world, we can ex- ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— ance. tend a moment to finish the business of ‘‘(A) IN GENERAL.—Except as provided in sub- Sec. 102. Merit staffing for State administration paragraph (B), assistance may not be provided taking care of the first responders who of trade adjustment assistance. on the 11th of September 2001 didn’t under chapter 3 after February 12, 2012. Subtitle B—Health Coverage Improvement hesitate on our behalf. ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- Sec. 111. Improvement of the affordability of the paragraph (A), any assistance approved under f credit. chapter 3 on or before February 12, 2012, may be APPOINTMENT—NATIONAL ADVI- Sec. 112. Payment for the monthly premiums provided— SORY COMMITTEE ON INSTITU- paid prior to commencement of the ‘‘ ‘(i) to the extent funds are available pursu- advance payments of credit. TIONAL QUALITY AND INTEG- ant to such chapter for such purpose; and Sec. 113. TAA recipients not enrolled in training ‘‘ ‘(ii) to the extent the recipient of the assist- RITY programs eligible for credit. ance is otherwise eligible to receive such assist- The SPEAKER pro tempore. Pursu- Sec. 114. TAA pre-certification period rule for ance. ant to section 106 of the Higher Edu- purposes of determining whether ‘‘ ‘(2) FARMERS.— cation Opportunity Act (P.L. 110–315) there is a 63-day lapse in cred- ‘‘ ‘(A) IN GENERAL.—Except as provided in itable coverage. and the order of the House of January subparagraph (B), assistance may not be pro- Sec. 115. Continued qualification of family mem- vided under chapter 6 after February 12, 2012. 6, 2009, the Chair announces the Speak- bers after certain events. ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- er’s appointment of the following Mem- Sec. 116. Extension of COBRA benefits for cer- paragraph (A), any assistance approved under ber on the part of the House to the Na- tain TAA-eligible individuals and chapter 6 on or before February 12, 2012, may be tional Advisory Committee on Institu- PBGC recipients. provided— tional Quality and Integrity for a term Sec. 117. Addition of coverage through vol- ‘‘ ‘(i) to the extent funds are available pursu- of 6 years: untary employees’ beneficiary as- ant to such chapter for such purpose; and Upon the recommendation of the ma- sociations. ‘‘ ‘(ii) to the extent the recipient of the assist- Sec. 118. Notice requirements. jority leader: ance is otherwise eligible to receive such assistance.’.’’. Dr. George T. French, Fairfield, Ala- TITLE II—ANDEAN TRADE PREFERENCES ACT (c) CONFORMING AMENDMENTS.— bama. Sec. 201. Extension of Andean Trade Preference (1) Section 236(a)(2)(A) of the Trade Act of f Act. 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to read as follows: FURTHER MESSAGE FROM THE TITLE III—OFFSETS ‘‘(2)(A) The total amount of payments that SENATE Sec. 301. Customs user fees. may be made under paragraph (1) shall not ex- A further message from the Senate Sec. 302. Time for payment of corporate esti- ceed— by Ms. Curtis, one of its clerks, an- mated taxes. ‘‘(i) $575,000,000 for fiscal year 2010; and nounced that the Senate has passed TITLE IV—BUDGETARY EFFECTS ‘‘(ii) $66,500,000 for the 6-week period begin- Sec. 401. Compliance with PAYGO. ning January 1, 2011, and ending February 12, without amendment a bill of the House 2011.’’. TITLE I—EXTENSION OF TRADE ADJUST- of the following title: (2) Section 245(a) of the Trade Act of 1974 (19 MENT ASSISTANCE AND HEALTH COV- H. Con. Res. 336. Concurrent resolution U.S.C. 2317(a)) is amended by striking ‘‘Decem- ERAGE IMPROVEMENT providing for the sine die adjournment of the ber 31, 2010’’ and inserting ‘‘February 12, 2011’’. second session of the One Hundred Eleventh Subtitle A—Extension of Trade Adjustment (3) Section 246(b)(1) of the Trade Act of 1974 Congress. Assistance (19 U.S.C. 2318(b)(1)) is amended by striking The message also announced that the SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- ‘‘December 31, 2010’’ and inserting ‘‘February Senate has passed with an amendment SISTANCE. 12, 2011’’. (a) IN GENERAL.—Section 1893(a) of the Trade in which the concurrence of the House (4) Section 255(a) of the Trade Act of 1974 (19 and Globalization Adjustment Assistance Act of U.S.C. 2345(a)) is amended— is requested, a bill of the House of the 2009 (Public Law 111–5; 123 Stat. 422) is amend- (A) in the first sentence to read as follows: following title: ed by striking ‘‘January 1, 2011’’ each place it ‘‘There are authorized to be appropriated to the H.R. 6517. An act to extend trade adjust- appears and inserting ‘‘Febrary 13, 2011’’. Secretary to carry out the provisions of this ment assistance and certain trade preference (b) APPLICATION OF PRIOR LAW.—Section chapter $50,000,000 for fiscal year 2010 and programs, to amend the Harmonized Tariff 1893(b) of the Trade and Globalization Adjust- $5,800,000 for the 6-week period beginning Janu- Schedule of the United States to modify ment Assistance Act of 2009 (Public Law 111–5; ary 1, 2011, and ending February 12, 2011.’’; and temporarily certain rates of duty, and for 123 Stat. 422 (19 U.S.C. 2271 note prec.)) is (B) in paragraph (1), by striking ‘‘December other purposes. amended to read as follows: 31, 2010’’ and inserting ‘‘February 12, 2011’’. f ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters 2, (5) Section 275(f) of the Trade Act of 1974 (19 3, 4, 5, and 6 of title II of the Trade Act of 1974 U.S.C. 2371d(f)) is amended by striking ‘‘2011’’ OMNIBUS TRADE ACT OF 2010 (19 U.S.C. 2271 et seq.) shall be applied and ad- and inserting ‘‘and annually thereafter’’. Mr. MCDERMOTT. Madam Speaker, I ministered beginning February 13, 2011, as if the (6) Section 276(c)(2) of the Trade Act of 1974 ask unanimous consent to take from amendments made by this subtitle (other than (19 U.S.C. 2371e(c)(2)) is amended to read as fol- part VI) had never been enacted, except that in lows: the Speaker’s table the bill (H.R. 6517) applying and administering such chapters— ‘‘(2) FUNDS TO BE USED.—Of the funds appro- to extend trade adjustment assistance ‘‘(1) section 245 of that Act shall be applied priated pursuant to section 277(c), the Secretary and certain trade preference programs, and administered by substituting ‘February 12, may make available, to provide grants to eligible to amend the Harmonized Tariff Sched- 2012’ for ‘December 31, 2007’; communities under paragraph (1), not more ule of the United States to modify tem- ‘‘(2) section 246(b)(1) of that Act shall be ap- than— porarily certain rates of duty, and for plied and administered by substituting ‘Feb- ‘‘(A) $25,000,000 for fiscal year 2010; and other purposes, with the Senate ruary 12, 2012’ for ‘the date that is 5 years’ and ‘‘(B) $2,900,000 for the 6-week period begin- all that follows through ‘State’; ning January 1, 2011, and ending February 12, amendment thereto, and concur in the ‘‘(3) section 256(b) of that Act shall be applied 2011.’’. Senate amendment. and administered by substituting ‘the 1-year pe- (7) Section 277(c) of the Trade Act of 1974 (19 The Clerk read the title of the bill. riod beginning February 13, 2011, and ending U.S.C. 2371f(c)) is amended— The text of the Senate amendment is February 12, 2012,’ for ‘each of fiscal years 2003 (A) by amending paragraph (1) to read as fol- as follows: through 2007, and $4,000,000 for the 3-month pe- lows: Senate amendment: riod beginning on October 1, 2007,’; ‘‘(1) IN GENERAL.—There are authorized to be Strike all after the enacting clause and in- ‘‘(4) section 298(a) of that Act shall be applied appropriated to the Secretary to carry out this sert the. following: and administered by substituting ‘the 1-year pe- subchapter— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. riod beginning February 13, 2011, and ending ‘‘(A) $150,000,000 for fiscal year 2010; and (a) SHORT TITLE.—This Act may be cited as February 12, 2012,’ for ‘each of the fiscal years’ ‘‘(B) $17,3000 for the 6-week period beginning the ‘‘Omnibus Trade Act of 2010’’. and all that follows through ‘October 1, 2007’; January 1, 2011 and ending February 12, 2011.’’; (b) TABLE OF CONTENTS.—The table of con- and and tents for this Act is as follows: ‘‘(5) subject to subsection (a)(2), section 285 of (B) in paragraph (2)(A), by striking ‘‘Decem- Sec. 1. Short title; table of contents. that Act shall be applied and administered— ber 31, 2010’’ and inserting ‘‘February 12, 2011’’.

VerDate Mar 15 2010 07:34 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\K22DE7.048 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8983 (8) Section 278(e) of the Trade Act of 1974 (19 striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- U.S.C. 2372(e)) is amended by striking ‘‘2011’’ ruary 13, 2011’’. ruary 13, 2011’’. and inserting ‘‘and annually thereafter’’. (b) EFFECTIVE DATE.—The amendment made (b) EFFECTIVE DATE.—The amendment made (9) Section 279A(h)(2) of the Trade Act of 1974 by this section shall apply to coverage months by this section shall apply to certificates issued (19 U.S.C. 2373(h)(2)) is amended by striking beginning after December 31, 2010. after December 31, 2010. ‘‘2011’’ and inserting ‘‘and annually there- SEC 114. TAA PRE-CERTIFICATION PERIOD RULE TITLE II—ANDEAN TRADE PREFERENCES after’’. FOR PURPOSES OF DETERMINING ACT (10) Section 279B(a) of the Trade Act of 1974 WHETHER THERE IS A 63–DAY LAPSE (19 U.S.C. 2373a(a)) is amended to read as fol- IN CREDITABLE COVERAGE. SEC. 201. EXTENSION OF ANDEAN TRADE PREF- ERENCE ACT. lows: (a) IRC AMENDMENT.—Section 9801(c)(2)(D) of ‘‘(a) IN GENERAL.— the Internal Revenue Code of 1986 is amended (a) EXTENSION.—Section 208(a)(1) of the Ande- ‘‘(1) AUTHORIZATION.—There are authorized by striking ‘‘January 1, 2011’’ and inserting an Trade Preference Act (19 U.S.C. 3206(a)(1)) is to be appropriated to the Secretary of Labor to ‘‘February 13, 2011’’. amended to read as follows: carry out the Sector Partnership Grant program (b) ERISA AMENDMENT.—Section 701(c)(2)(C) ‘‘(1) remain in effect— under section 279A— of the Employee Retirement Income Security Act ‘‘(A) with respect to Colombia after February ‘‘(A) $40,000,000 for fiscal year 2010; and of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by 12, 2011; and ‘‘(B) $4,600,000 for the 6-week period begin- striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- ‘‘(B) with respect to Peru after December 31, ning January 1, 2011, and ending February 12, ruary 13, 2011’’. 2010;’’. CUADOR 2011. (c) PHSA AMENDMENT.—Section 2701(c)(2)(C) (b) E .—Section 208(a) (2) of the Ande- ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— of the Public Health Service Act (as in effect for an Trade Preference Act (19 U.S.C. 3206(a)(2)) is Funds appropriated pursuant to this section plan years beginning before January 1, 2014) is amended by striking ‘‘December 31, 2010’’ and shall remain available until expended.’’. amended by striking ‘‘January 1, 2011’’ and in- inserting ‘‘February 12, 2011’’. (11) Section 285 of the Trade Act of 1974 (19 serting ‘‘February 13, 2011’’. (c) TREATMENT OF CERTAIN APPAREL ARTI- CLES U.S.C. 2271 note) is amended— (d) EFFECTIVE DATE.—The amendments made .—Section 204(b)(3)(E)(II)(H) of the Andean (A) by striking ‘‘December 31, 2010’’ each by this section shall apply to plan years begin- Trade Preference Act (19 U.S.C. 3203(b)(3)) is place it appears and inserting ‘‘February 12, ning after December 31, 2010. amended (ii)(II), by striking ‘‘December 31, 2011’’; and 2010’’ and inserting ‘‘February 12, 2011’’. SEC. 115. CONTINUED QUALIFICATION OF FAMILY (B) in subsection (a)(2)(A), by inserting ‘‘pur- (d) ANNUAL REPORT.—Section 203(f)(1) of the MEMBERS AFTER CERTAIN EVENTS. suant to petitions filed under section 221 before Andean Trade Preference Act (19 U.S.C. (a) IN GENERAL.—Section 35(g)(9) of the Inter- February 12, 2011’’ after ‘‘title’’. 3202(F)(1)) is amended by striking ‘‘every 2 nal Revenue Code of 1986, as added by section (12) Section 298(a) of the Trade Act of 1974 (19 years’’ and inserting ‘‘annually’’. 1899E(a) of the American Recovery and Rein- U.S.C. 2401g(a)) is amended by striking TITLE III OFFSETS ‘‘$90,000,000 for each of the fiscal years 2009 and vestment Tax Act of 2009 (relating to continued 2010, and $22,500,000 for the period beginning qualification of family members after certain SEC. 301. CUSTOMS USER FEES. October 1, 2010, and ending December 31, 2010’’ events), is amended by striking ‘‘January 1, Section 13031(j)(3) of the Consolidated Omni- and inserting ‘‘$10,400,000 for the 6-week period 2011’’ and inserting ‘‘February 13, 2011’’. bus Budget Reconciliation Act of 1985 (19 U.S.C. beginning January 1, 2011, and ending February (b) CONFORMING AMENDMENT.—Section 58c(j)(3)) is amended— 12, 2011’’. 173(f)(8) of the Workforce Investment Act of 1998 (1) in subparagraph (A), by striking ‘‘Sep- (13) The table of contents for the Trade Act of (29 U.S.C. 2918(f)) is amended by striking ‘‘Jan- tember 30, 2019’’ and inserting ‘‘January 7, 1974 is amended by striking the item relating to uary 1, 2011’’ and inserting ‘‘February 13, 2011’’. 2020’’; and section 235 and inserting the following: (c) EFFECTIVE DATE.—The amendments made (2) in subparagraph (B)(i), by striking ‘‘Sep- ‘‘See. 235. Employment and case management by this section shall apply to months beginning tember 30, 2019’’ and inserting ‘‘January 14, services.’’. after December 31, 2010. 2020’’. SEC. 116. EXTENSION OF COBRA BENEFITS FOR (d) EFFECTIVE DATE.—The amendments made SEC. 302. TIME FOR PAYMENT OF CORPORATE ES- CERTAIN TAA-ELIGIBLE INDIVID- TIMATED TAXES. by this section shall take effect on January 1, UALS AND PBGC RECIPIENTS. 2011. The percentage under paragraph (2) of section (a) ERISA AMENDMENTS.— SEC. 102 MERIT STAFFING FOR STATE ADMINIS- 561 of the Hiring Incentives to Restore Employ- (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) of TRATION OF TRADE ADJUSTMENT ment Act in effect on the date of the enactment ASSISTANCE. the Employee Retirement Income Security Act of of this Act is increased by 4.5 percentage points. 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by (a) IN GENERAL.—Notwithstanding section TITLE IV BUDGETARY EFFECTS striking ‘‘December 31, 2010’’ and inserting 618.890(b) of title 20, Code of Federal Regula- SEC. 401. COMPLIANCE WITH PAYGO. tions, or any other provision of law, the single ‘‘February 12, 2011’’. The budgetary effects of this Act, for the pur- transition deadline for implementing the merit- (2) TAA-ELIGIBLE INDIVIDUALS.—Section pose of complying with the Statutory Pay-As- based State personnel staffing requirements con- 602(2)(A)(vi) of such Act (29 U.S.C. You-Go Act of 2010, shall be determined by ref- tained in section 618.890(a) of title 20, Code of 1162(2)(A)(vi)) is amended by striking ‘‘Decem- erence to the latest statement titled ‘‘Budgetary Federal Regulations, shall not be earlier than ber 31, 2010’’ and inserting ‘‘February 12, 2011’’. Effects of PAYGO Legislation’’ for this Act, sub- February 12, 2011. (b) IRC AMENDMENTS.— RECIPIENTS mitted for printing in the Congressional Record (b) EFFECTIVE DATE.—This section shall take (1) PBGC .—Section by the Chairman of the Senate Budget Com- effect on December 14, 2010. 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ‘‘December mittee, provided that such statement has been SUBTITLE B—HEALTH COVERAGE IMPROVEMENT 31, 2010’’ and inserting ‘‘February 12, 2011’’. submitted prior to the vote on passage. SEC. 111. IMPROVEMENT OF THE AFFORDABILITY (2) TAA-ELIGIBLE INDIVIDUALS.—Section The SPEAKER pro tempore. Is there OF THE CREDIT. 4980B(f)(2)(B)(i)(VI) of such Code is amended by (a) IN GENERAL.—Section 35(a) of the Internal objection to the request of the gen- striking ‘‘December 31, 2010’’ and inserting tleman from Washington? Revenue Code of 1986 is amended by striking ‘‘February 12, 2011’’. ‘‘January 1, 2011’’ and inserting ‘‘February 13, (c) PHSA AMENDMENTS.—Section There was no objection. 2011’’. 2202(2)(A)(iv) of the Public Health Service Act A motion to reconsider was laid on (b) CONFORMING AMENDMENT.—Section 7527(b) (42 U.S.C. 300bb–2(2)(A)(iv)) is amended by the table. of such Code is amended by striking ‘‘January 1, striking ‘‘December 31, 2010’’ and inserting f 2011’’ and inserting ‘‘February 13, 2011’’. ‘‘February 12, 2011’’. (c) EFFECTIVE DATE.—The amendments made (d) EFFECTIVE DATE.—The amendments made APPOINTMENT—ADVISORY COM- by this section shall apply to coverage months by this section shall apply to periods of coverage MITTEE ON STUDENT FINANCIAL beginning after December 31, 2010. which would (without regard to the amend- ASSISTANCE SEC. 112. PAYMENT FOR THE MONTHLY PRE- ments made by this section) end on or after De- MIUMS PAID PRIOR TO COMMENCE- cember 31, 2010. The SPEAKER pro tempore. Pursu- MENT OF THE ADVANCE PAYMENTS ant to section 491 of the Higher Edu- OF CREDIT. SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES’ BENE- cation Act (20 U.S.C. 1098(c)), as amend- (a) IN GENERAL.—Section 7527(e) of the Inter- FICIARY ASSOCIATIONS. nal Revenue Code of 1986 is amended by striking ed, and the order of the House of Janu- ‘‘January 1, 2011’’ and inserting ‘‘February 13, (a) IN GENERAL.—Section 35(e)(1)(K) of the In- ary 6, 2009, the Chair announces the 2011’’. ternal Revenue Code of 1986 is amended by Speaker’s appointment of the following striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- (b) EFFECTIVE DATE.—The amendment made member on the part of the House to the ruary 13, 2012’’. by this section shall apply to coverage months Advisory Committee on Student Finan- beginning after December 31, 2010. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to coverage months cial Assistance for a term of 4 years: SEC 113. TAA RECIPIENTS NOT ENROLLED IN Upon the recommendation of the ma- TRAINING PROGRAMS ELIGIBLE FOR beginning after December 31, 2010. CREDIT. SEC. 118. NOTICE REQUIREMENTS. jority leader: (a) IN GENERAL.—Section 35(c)(2)(B) of the In- (a) IN GENERAL.—Section 7527(d)(2) of the In- Ms. Deborah Stanley, Bowie, Mary- ternal Revenue Code of 1986 is amended by ternal Revenue Code of 1986 is amended by land.

VerDate Mar 15 2010 07:34 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.060 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8984 CONGRESSIONAL RECORD — HOUSE December 22, 2010 HOUSE BILLS AND JOINT RESOLU- at 405 West Second Street in Dixon, Illinois, H.R. 3553. An Act to exclude from consider- TIONS APPROVED BY THE PRESI- as the ‘‘President Ronald W. Reagan Post Of- ation as income under the Native American DENT fice Building’’. Housing Assistance and Self-Determination H.R. 5395. An Act to designate the facility Act of 1996 amounts received by a family The President notified the Clerk of of the United States Postal Service located from the Department of Veterans Affairs for the House that on the following dates at 151 North Maitland Avenue in Maitland, service-related disabilities of a member of he had approved and signed bills and Florida, as the ‘‘Paula Hawkins Post Office the family. joint resolutions of the following titles: Building’’. H.R. 3689. An Act to provide for an exten- H.R. 5552. An Act to amend the Internal sion of the legislative authority of the Viet- July 29, 2010: Revenue Code of 1986 to require that the pay- nam Veterans Memorial Fund, Inc. to estab- H.R. 4899. An Act making supplemental ap- ment of the manufacturers’ excise tax on lish a Vietnam Veterans Memorial visitor propriations for the fiscal year ending Sep- recreational equipment be paid quarterly center, and for other purposes. tember 30, 2010, and for other purposes. and to provide for the assessment by the Sec- H.R. 3980. An Act to provide for identifying H.R. 5610. An Act to provide a technical ad- retary of the Treasury of certain criminal and eliminating redundant reporting re- justment with respect to funding for inde- restitution. quirements and developing meaningful per- pendent living centers under the Rehabilita- September 27, 2010: formance metrics for homeland security pre- tion Act of 1973 in order to ensure stability H.R. 5297. An Act to create the Small Busi- paredness grants, and for other purposes. for such centers. ness Lending Fund Program to direct the October 13, 2010: August 1, 2010: Secretary of the Treasury to make capital H.R. 946. An Act to enhance citizen access H.R. 5900. An Act to amend the Internal investments in eligible institutions in order to Government information and services by Revenue Code of 1986 to extend the funding to increase the availability of credit for establishing that Government documents and expenditure authority of the Airport and small businesses, to amend the Internal Rev- issued to the public must be written clearly, Airway Trust Fund, to amend title 49, United enue Code of 1986 to provide tax incentives and for other purposes. States Code, to extend airport improvement for small business job creation, and for other H.R. 3219. An Act to amend title 38, United program project grant authority and to im- purposes. States Code, and the Servicemembers Civil prove airline safety, and for other purposes. H.R. 6102. An Act to amend the National Relief Act to make certain improvements in August 10, 2010: Defense Authorization Act for Fiscal Year the laws administered by the Secretary of H.R. 1586. An Act to modernize the air traf- 2010 to extend the authority of the Secretary Veterans Affairs, and for other purposes. fic control system, improve the safety, reli- of the Navy to enter into multiyear con- H.R. 4543. An Act to designate the facility ability, and availability of transportation by tracts for F/A–18E, F/A–18F, and EA–18G air- of the United States Postal Service located air in the United States, provide for mod- craft. at 4285 Payne Avenue in San Jose, Cali- ernization of the air traffic control system, September 30, 2010: fornia, as the ‘‘Anthony J. Cortese Post Of- fice Building’’. reauthorize the Federal Aviation Adminis- H.R. 3081. An Act making continuing ap- H.R. 5341. An Act to designate the facility tration, and for other purposes. propriations for the fiscal year ending Sep- of the United States Postal Service located H.R. 2765. An Act to amend title 28, United tember 30, 2011, and for other purposes. H.R. 3940. An Act to clarify the authority at 100 Orndorf Drive in Brighton, Michigan, States Code, to prohibit recognition and en- as the ‘‘Joyce Rogers Post Office Building’’. forcement of foreign defamation judgments of the Secretary of the Interior to extend grants and other assistance to facilitate po- H.R. 5390. An Act to designate the facility and certain foreign judgments against the of the United States Postal Service located providers of interactive computer services. litical status public education programs for the peoples of the non-self-governing terri- at 13301 Smith Road in Cleveland, Ohio, as H.R. 5874. An Act making supplemental ap- the ‘‘David John Donafee Post Office Build- propriations for the United States Patent tories of the United States. H.R. 6190. An Act to amend the Internal ing’’. and Trademark Office for the fiscal year end- Revenue Code of 1986 to extend the funding H.R. 5450. An Act to designate the facility ing September 30, 2010, and for other pur- and expenditure authority of the Airport and of the United States Postal Service located poses. Airway Trust Fund, to amend title 49, United at 3894 Crenshaw Boulevard in Los Angeles, August 11, 2010: States Code, to extend the airport improve- California, as the ‘‘Tom Bradley Post Office H.R. 4380. An Act to amend the Harmonized ment program, and for other purposes. Building’’. Tariff Schedule of the United States to mod- H.R. 6200. An Act to amend part A of title October 5, 2010: ify temporarily certain rates of duty, and for H.R. 1517. An Act to allow certain U.S. Cus- XI of the Social Security Act to provide for other purposes. toms and Border Protection employees who a 1-year extension of the authorizations for H.R. 5872. An Act to provide adequate com- serve under an overseas limited appointment the Work Incentives Planning and Assist- mitment authority for fiscal year 2010 for for at least 2 years, and whose service is ance program and the Protection and Advo- guaranteed loans that are obligations of the rated fully successful or higher throughout cacy for Beneficiaries of Social Security pro- General and Special Risk Insurance Funds of that time, to be converted to a permanent gram. the Department of Housing and Urban Devel- appointment in the competitive service. October 15, 2010: H.R. 3619. An Act to authorize appropria- opment. October 7, 2010: H.R. 5981. An Act to increase the flexibility H.R. 553. An Act to require the Secretary tions for the Coast Guard for fiscal year 2011, and for other purposes. of the Secretary of Housing and Urban De- of Homeland Security to develop a strategy November 30, 2010: velopment with respect to the amount of to prevent the over-classification of home- H.R. 5712. An Act entitled The Physician premiums charged for FHA single family land security and other information and to Payment and Therapy Relief Act of 2010. housing mortgage insurance, and for other promote the sharing of unclassified home- purposes. December 4, 2010: land security and other information, and for H.J. Res. 101. A joint resolution making August 13, 2010: other purposes. H.R. 6080. An Act making emergency sup- further continuing appropriations for fiscal H.R. 2701. An Act to authorize appropria- year 2011, and for other purposes. plemental appropriations for border security tions for fiscal year 2010 for intelligence and for the fiscal year ending September 30, 2010, December 8, 2010: intelligence-related activities of the United H.R. 4783. An Act to accelerate the income and for other purposes. States Government, the Community Man- tax benefits for charitable cash contribu- August 16, 2010: agement Account, and the Central Intel- tions for the relief of victims of the earth- H.R. 511. An Act to authorize the Secretary ligence Agency Retirement and Disability quake in Chile, and to extend the period of Agriculture to terminate certain ease- System, and for other purposes. from which such contributions for the relief ments held by the Secretary on land owned October 8, 2010: of victims of the earthquake in Haiti may be by the Village of Caseyville, Illinois, and to H.R. 714. An Act to authorize the Secretary accelerated. terminate associated contractual arrange- of the Interior to lease certain lands in Vir- December 9, 2010: ments with the Village. gin Islands National Park, and for other pur- H.R. 1722. An Act to require the head of H.R. 2097. An Act to require the Secretary poses. each executive agency to establish and im- of the Treasury to mint coins in commemo- H.R. 1177. An Act to require the Secretary plement a policy under which employees ration of the bicentennial of the writing of of the Treasury to mint coins in recognition shall be authorized to telework, and for the Star-Spangled Banner, and for other pur- of five United States Army 5–Star Generals, other purposes. poses. George Marshall, Douglas MacArthur, H.R. 5283. An Act to provide for adjustment H.R. 3509. An Act to reauthorize State agri- Dwight Eisenhower, Henry ‘Hap’ Arnold, and of status for certain Haitian orphans paroled cultural mediation programs under title V of Omar Bradley, alumni of the United States into the United States after the earthquake the Agricultural Credit Act of 1987. Army Command and General Staff College, of January 12, 2010. H.R. 4275. An Act to designate the annex Fort Leavenworth, Kansas, to coincide with H.R. 5566. An Act to amend title 18, United building under construction for the Elbert P. the celebration of the 132nd Anniversary of States Code, to prohibit interstate com- Tuttle United States Court of Appeals Build- the founding of the United States Army merce in animal crush videos, and for other ing in Atlanta, Georgia, as the ‘‘John C. Command and General Staff College. purposes. Godbold Federal Building’’. October 12, 2010: December 14, 2010: H.R. 5278. An Act to designate the facility H.R. 2923. An Act to enhance the ability to H.R. 4387. An Act to designate the Federal of the United States Postal Service located combat methamphetamine. building located at 100 North Palafox Street

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.061 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8985 in Pensacola, Florida, as the ‘‘Winston E. he had approved and signed bills of the November 24, 2010: Arnow Federal Building’’. Senate of the following titles: S. 3774. An Act to extend the deadline for H.R. 5651. An Act to designate the Federal Social Services Block Grant expenditures of July 30, 2010: building and United States courthouse lo- S. 3372. An Act to modify the date on which supplemental funds appropriated following cated at 515 9th Street in Rapid City, South the Administrator of the Environmental disasters occurring in 2008. Dakota, as the ‘‘Andrew W. Bogue Federal Protection Agency and applicable States November 30, 2010: Building and United States Courthouse’’. may require permits for discharges from cer- S. 1376. An Act to restore immunization H.R. 5706. An Act to designate the building tain vessels. and sibling age exemptions for children occupied by the Government Printing Office August 3, 2010: adopted by United States citizens under the located at 31451 East United Avenue in Pueb- S. 1789. An Act to restore fairness to Fed- Hague Convention on Intercountry Adoption lo, Colorado, as the ‘‘Frank Evans Govern- eral cocaine sentencing. to allow their admission into the United ment Printing Office Building’’. August 10, 2010: States. H.R. 5758. An Act to designate the facility S. 1749. An Act to amend title 18, United S. 3567. An Act to designate the facility of of the United States Postal Service located States Code, to prohibit the possession or the United States Postal Service located at at 2 Government Center in Fall River, Mas- use of cell phones and similar wireless de- 100 Broadway in Lynbrook, New York, as the sachusetts, as the ‘‘Sergeant Robert Barrett vices by Federal prisoners. ‘‘Navy Corpsman Jeffrey L. Wiener Post Of- Post Office Building’’. September 27, 2010: fice Building’’. H.R. 5773. An Act to designate the Federal S. 3656. An Act to amend the Agricultural S.J. Res. 40. A joint resolution appointing building located at 6401 Security Boulevard Marketing Act of 1946 to improve the report- the day for the convening of the first session in Baltimore, Maryland, commonly known as ing on sales of livestock and dairy products, of the One Hundred Twelfth Congress. the Social Security Administration Oper- and for other purposes. December 9, 2010: ations Building, as the ‘‘Robert M. Ball Fed- September 30, 2010: S. 3689. An Act to clarify, improve, and eral Building’’. S. 3839. An Act to provide for an additional correct the laws relating to copyrights, and H.R. 6162. An Act to provide research and temporary extension of programs under the for other purposes. development authority for alternative coin- Small Business Act and the Small Business December 13, 2010: age materials to the Secretary of the Treas- Investment Act of 1958, and for other pur- S. 3307. An Act to reauthorize child nutri- ury, increase congressional oversight over poses. tion programs, and for other purposes. coin production, and ensure the continuity October 5, 2010: December 14, 2010: of certain numismatic items. S. 846. An Act to award a congressional S. 1338. An Act to require the accreditation H.R. 6166. An Act to authorize the produc- gold medal to Dr. Muhammad Yunus, in rec- of English language training programs, and tion of palladium bullion coins to provide af- ognition of his contributions to the fight for other purposes. fordable opportunities for investments in against global poverty. S. 1421. An Act to amend section 42 of title precious metals, and for other purposes. S. 1055. An Act to grant the congressional 18, United States Code, to prohibit the im- H.R. 6237. An Act to designate the facility gold medal, collectively, to the 100th Infan- portation and shipment of certain species of of the United States Postal Service located try Battalion and the 442nd Regimental carp. at 1351 2nd Street in Napa, California, as the Combat Team, United States Army, in rec- S. 3250. An Act to provide for the training ‘‘Tom Kongsgaard Post Office Building’’. ognition of their dedicated service during of Federal building personnel, and for other H.R. 6387. An Act to designate the facility World War II. purposes. of the United States Postal Service located October 8, 2010: December 15, 2010: at 337 West Clark Street in Eureka, Cali- S. 2868. An Act to provide increased access S. 2847. An Act to regulate the volume of fornia, as the ‘‘Sam Sacco Post Office Build- to the Federal supply schedules of the Gen- audio on commercials. ing’’. eral Services Administration to the Amer- December 18, 2010: December 15, 2010: ican Red Cross, other qualified organiza- S. 3789. An Act to limit access to Social Se- H.R. 4994. An Act to extend certain expir- tions, and State and local governments. curity account numbers. ing provisions of the Medicare and Medicaid S. 3304. An Act to increase the access of S. 3987. An Act to amend the Fair Credit programs, and for other purposes. persons with disabilities to modern commu- Reporting Act with respect to the applica- H.R. 6118. An Act to designate the facility nications, and for other purposes. bility of identity theft guidelines to credi- of the United States Postal Service located S. 3751. An Act to amend the Stem Cell tors. at 2 Massachusetts Avenue, NE, in Wash- Therapeutic and Research Act of 2005. ington, D.C., as the ‘‘Dorothy I. Height Post S. 3828. An Act to make technical correc- f Office’’. tions in the Twenty-First Century Commu- LEAVE OF ABSENCE December 17, 2010: nications and Video Accessibility Act of 2010 H.R. 4853. An Act to amend the Internal and the amendments made by that Act. By unanimous consent, leave of ab- Revenue Code of 1986 to extend the funding S. 3847. An Act to implement certain de- sence was granted to: and expenditure authority of the Airport and fense trade cooperation treaties, and for Mr. REYES (at the request of Mr. Airway Trust Fund, to amend title 49, United other purposes. HOYER) for December 21 and 22 on ac- States Code, to extend authorizations for the October 11, 2010: count of illness. S. 3729. An Act to authorize the programs airport improvement program, and for other Mr. POE of Texas (at the request of purposes. of the National Aeronautics and Space Ad- Mr. BOEHNER) for today after 4 p.m. on December 18, 2010: ministration for fiscal years 2011 through H.J. Res. 105. A joint resolution making 2013, and for other purposes. account of personal reasons. further continuing appropriations for fiscal October 12, 2010: Mr. PASTOR of Arizona (at the re- year 2011, and for other purposes. S. 1132. An Act to amend title 18, United quest of Mr. HOYER) for today. H.R. 2480. An Act to improve the accuracy States Code, to improve the provisions relat- Ms. EDDIE BERNICE JOHNSON of Texas of fur product labeling, and for other pur- ing to the carrying of concealed weapons by (at the request of Mr. HOYER) for today poses. law enforcement officers, and for other pur- and the balance of the week. poses. H.R. 3237. An Act to enact certain laws re- Mr. GENE GREEN of Texas (at the relating to national and commercial space pro- S. 3397. An Act to amend the Controlled quest of Mr. HOYER) for today. grams as title 51, United States Code, ‘‘Na- Substances Act to provide for take-back dis- tional and Commercial Space Programs’’. posal of controlled substances in certain in- Mr. DAVIS of Illinois (at the request H.R. 6184. An Act to amend the Water Re- stances, and for other purposes. of Mr. HOYER) for today. sources Development Act of 2000 to extend October 15, 2010: Mr. YOUNG of Florida (at the request and modify the program allowing the Sec- S. 1510. An Act to transfer statutory enti- of Mr. BOEHNER) for today on account retary of the Army to accept and expend tlements to pay and hours of work author- of family illness. ized by laws codified in the District of Co- funds contributed by non-Federal public en- Ms. GINNY BROWN-WAITE of Florida tities to expedite the evaluation of permits, lumbia Official Code for current members of the United States Secret Service Uniformed (at the request of Mr. BOEHNER) for De- and for other purposes. cember 21 and the balance of the week H.R. 6399. An Act to improve certain ad- Division from such laws to the United States ministrative operations of the Office of the Code, and for other purposes. on account of family medical reasons. Architect of the Capitol, and for other pur- S. 3196. An Act to amend the Presidential f poses. Transition Act of 1963 to provide that certain transition services shall be available to eligi- ENROLLED BILLS SIGNED f ble candidates before the general election. Lorraine C. Miller, Clerk of the October 18, 2010: SENATE BILLS APPROVED BY THE House, reported and found truly en- PRESIDENT S. 3802. An Act to designate a mountain and icefield in the State of Alaska as the rolled bills of the House of the fol- The President notified the Clerk of ‘‘Mount Stevens’’ and ‘‘Ted Stevens lowing titles, which were thereupon the House that on the following dates Icefield’’, respectively. signed by the Speaker:

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.061 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8986 CONGRESSIONAL RECORD — HOUSE December 22, 2010 H.R. 4445. An act to amend Public Law 95– forcement positions with U.S. Customs and H.R. 6473. To amend the Internal Revenue 232 to repeal a restriction on treating as In- Border Protection, to require U.S. Customs Code of 1986 to extend the funding and ex- dian country certain lands held in trust for and Border Protection to initiate all periodic penditure authority of the Airport and Air- Indian pueblos in New Mexico. background reinvestigations of certain law way Trust Fund, to amend title 49, United H.R. 5116. An act to invest in innovation enforcement personnel, and for other pur- States Code, to extend the airport improve- through research and development, to imposes. ment program, and for other purposes. prove the competitiveness of the United S. 3592. An act to designate the facility of H.R. 3082. Making appropriations for mili- States, and for other purposes. the United States Postal Service located at tary construction, the Department of Vet- H.R. 5470. An act to exclude an external 100 Commerce Drive in Tyrone, Georgia, as erans Affairs, and related agencies for the power supply for certain security or life safe- the ‘‘First Lieutenant Robert Wilson Collins fiscal year ending September 30, 2010, and for ty alarms and surveillance system compo- Post Office Building’’. other purposes. nents from the application of certain energy efficiency standards under the Energy Policy f f and Conservation Act. BILLS PRESENTED TO THE H.R. 6398. An act to require the Federal De- PRESIDENT SINE DIE ADJOURNMENT posit Insurance Corporation to fully insure Interest on Lawyers Trust Accounts. Lorraine C. Miller, Clerk of the Mr. MCDERMOTT. Madam Speaker, I move that the House do now adjourn. f House reports that on December 21, 2010 she presented to the President of The motion was agreed to. SENATE ENROLLED BILL SIGNED the United States, for his approval, the The SPEAKER pro tempore. In ac- The Speaker announced her signa- following bills. cordance with House Concurrent Reso- lution 336, 111th Congress, the Chair de- ture to enrolled bills of the Senate of H.R. 2965. To amend the Small Business the following titles: Act with respect to the Small Business Inno- clares the Second Session of the 111th S. 3243. An act to require U.S. Customs and vation Research Program and the Small Congress adjourned sine die. Border Protection to administer polygraph Business Technology Transfer Program, and Accordingly (at 6 p.m.), the House ad- examinations to all applicants for hlaw en- for other purposes. journed. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the second, third, and fourth quarters of 2010 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO POLAND FOR THE FALL MEETING OF THE NATO PARLIAMENTARY ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 11 AND NOV. 15, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Ross ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. Jo Ann Emerson ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. Tim Holden ...... 11/11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. David Scott ...... 11 /11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Kathy Becker ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 David Fite ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Riley Moore ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Janice Robinson ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Delegation Expenses: Representational Funds ...... 1,992.03 ...... 1,992.03 Miscellaneous ...... Committee total ...... 6,678.48 ...... 1,992.03 ...... 6,670.51 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN S. TANNER, Chairman, Dec. 2, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Quigley ...... 7/01 7/05 Poland ...... 1,111.30 ...... CODEL Quigley Expenses ...... 325.50 ...... 1,436.80 Tom Jawetz ...... 7/04 7/12 Malaysia & Cambodia ...... 1,484.00 ...... 11,653.30 ...... 13,137.30 Hon. Louie Gohmert ...... 7/29 8/03 Europe ...... 1,092.00 ...... Asia ...... 889.00 ...... 1,981.00 Hon. Steve King ...... 7/29 8/03 Europe ...... 1,092.00 ...... Asia ...... 889.00 ...... 1,981.00 David Shahoulian ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Danielle Brown ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Traci Hong ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Ron LeGrand ...... 8 /06 8 /16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Kimani Little ...... 8 /06 8 /16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 CODEL Shahoulian Expenses ...... 2,773.30 ...... 2,773.30 Hon. Hank Johnson ...... 8 /28 9 /03 China ...... 2,473.00 ...... 14,026.20 ...... 16,499.20 Hon. Jerrold Nadler ...... 8/28 9/03 China ...... 2,473.00 ...... 10,176.30 ...... 12,649.30 Hon. F. James Sensenbrenner ...... 8/28 9/03 China ...... 1,972.00 ...... 13,172.80 ...... 15,144.80 Christal Sheppard ...... 8/28 9/03 China ...... 2,113.00 ...... 13,776.70 ...... 15,889.70 Eric Garduno ...... 8/28 9/03 China ...... 2,113.00 ...... 14,201.20 ...... 16,314.20 David Whitney ...... 8/28 9/03 China ...... 2,077.00 ...... 10,841.40 ...... 12,918.40 CODEL Johnson Expenses—In Country ...... 8/28 9/03 China ...... 17,538.89 ...... 17,538.89 Hon. Steve Cohen ...... 8/30 9/01 Serbia ...... 712.00 ...... 9/01 9/03 Montenegro ...... 762.00 ...... 9/03 9/06 Croatia ...... 1,332.20 ...... 2,806.20 Commitee total ...... 195,682.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JOHN CONYERS, Jr., Chairman, Dec. 10, 2010.

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 8634 E:\CR\FM\A22DE7.031 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8987 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON ENERGY INDEPENDENCE AND GLOBAL WARMING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Danielle Baussan ...... 8/05 8/16 Japan/Malaysia ...... 3,921.00 ...... 5,833.50 ...... 9,754.50 Barton Forsyth ...... 8/05 8/26 Japan/Malaysia ...... 5,811.00 ...... 8,432.50 ...... 14,243.50 Thomas Schreibel ...... 8/05 8/11 Japan/Malaysia ...... 2,976.00 ...... 3,954.50 ...... 6,930.50 Harlan Watson ...... 8/01 8/07 Germany ...... 2,310.00 ...... 1,688.70 ...... 3,998.70 Committee total ...... Xxxxxxxxxxxxx ...... Xxxxxxxxxxxxx ...... Xxxxxxxxxxxxx ...... Xxxxxxxxxxxxx 34,927.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SARAH E. BUTLER, Dec. 3, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON ENERGY INDEPENDENCE AND GLOBAL WARMING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2010

Barton Forsyth ...... 12/07 12 /11 Mexico ...... 1,470.00 ...... 809.22 ...... 2,279.22 Michael Goo ...... 12/08 12/11 Mexico ...... 1,176.00 ...... 1,158.72 ...... 2,334.72 Thomas Schreibel ...... 12/05 12 /11 Mexico ...... 2,058.00 ...... 1,470.63 ...... 3,528.63 Committee total ...... 8,142.57 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SARAH E. BUTLER.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2010

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. SANDER M. LEVIN, Chairman, Dec. 3, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

EXECUTIVE COMMUNICATIONS, Building an Intergrated National Security 11192. A letter from the Federal Register ETC. Professional System for the 21st Century’’; Certifying Officer, Department of the Treas- to the Committee on Armed Services. ury, transmitting the Department’s final Under clause 2 of rule XIV, executive rule — Federal Government Participation in communications were taken from the 11189. A letter from the Under Secretary, Department of Defense, transmitting a letter the Automated Clearing House (RIN: 1510- Speaker’s table and referred as follows: on the approved retirement of Lieutenant AB24 ) received December 22, 2010, pursuant 11186. A letter from the Acting Congres- General Frank G. Klotz, United States Air to 5 U.S.C. 801(a)(1)(A); to the Committee on sional Review Coordinator, Department of Force, and his advancement on the retired Financial Services. Agriculture, transmitting the Department’s list in the grade of lieutenant general; to the 11193. A letter from the Chairman and final rule — Gypsy Moth Generally Infested Committee on Armed Services. President, Export-Import Bank, transmit- Areas; Illinois, Indiana, Maine, Ohio, and ting a report on transactions involving U.S. 11190. A letter from the Under Secretary, Virgina [Docket No.: APHIS-2008-0083] re- exports to South Korea pursuant to Section Department of Defense, transmitting notifi- ceived December 22, 2010, pursuant to 5 2(b)(3) of the Export-Import Bank Act of 1945, cation of the Army’s determination that re- U.S.C. 801(a)(1)(A); to the Committee on Ag- as amended; to the Committee on Financial portable increases have occurred in the Pro- riculture. Services. 11187. A letter from the Director, Regu- gram Acquisition Unit Cost (PAUC) for the 11194. A letter from the Chairman and latory Management Division, Environmental Chemical Demilitarization-Assembled Chem- President, Export-Import Bank, transmit- Protection Agency, transmitting the Agen- ical Weapons Alternative (ACWA) Program, ting a report on transactions involving U.S. cy’s final rule — Imazosulfuron; Pesticide pursuant to 10 U.S.C. 2433(e)(1); to the Com- exports to Colombia pursuant to Section Tolerances [EPA-HQ-OPP-2009-0205; FLR- mittee on Armed Services. 2(b)(3) of the Export-Import Bank Act of 1945, 8857-4] received December 21, 2010, pursuant 11191. A letter from the Federal Register as amended; to the Committee on Financial to 5 U.S.C. 801(a)(1)(A); to the Committee on Certifying Officer, Department of the Treas- Services. Agriculture. ury, transmitting the Department’s final 11195. A letter from the Chairman and 11188. A letter from the Under Secretary, rule — Management of Federal Agency Dis- President, Export-Import Bank, transmit- Personnel & Readiness Under Secretary, Pol- bursements (RIN: 1510-AB26) received Decem- ting a report on transactions involving U.S. icy, Department of Defense, transmitting the ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); exports to Kingdom of the Netherlands, pur- Department’s report ‘‘The Power of People: to the Committee on Financial Services. suant to Section 2(b)(3) of the Export-Import

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A22DE7.067 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8988 CONGRESSIONAL RECORD — HOUSE December 22, 2010 Bank Act of 1945, as amended; to the Com- 801(a)(1)(A); to the Committee on Energy and lation of weapons-usable fissile material in mittee on Financial Services. Commerce. the territory of the Russian Federation that 11196. A letter from the Secretary, Federal 11205. A letter from the Director, Regu- was declared in Executive Order 13159 of Trade Commission, transmitting the Com- latory Management Division, Environmental June 21, 2000; to the Committee on Foreign mission’s final rule — Administrative Wage Protection Agency, transmitting the Agen- Affairs. Garnishment received December 22, 2010, pur- cy’s final rule — Approval and Promulgation 11216. A letter from the Secretary, Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Air Quality Implementation Plans; West ment of the Treasury, transmitting as re- mittee on Financial Services. Virginia; Update to Materials Incorporated quired by section 401(c) of the National 11197. A letter from the Secretary, Securi- By Reference [WV103-6041; FRL-9240-1] re- Emergencies Act, 50 U.S.C. 1641(c), and sec- ties and Exchange Commission, transmitting ceived December 21, 2010, pursuant to 5 tion 204(c) of the International Emergency the Commission’s final rule — Extension of U.S.C. 801(a)(1)(A); to the Committee on En- Economic Powers Act, 50 U.S.C. 1703(c), a Filing Accommodation for Static Pool Infor- ergy and Commerce. six-month periodic report on the national mation In Filings with Respect to Asset- 11206. A letter from the Director, Regu- emergency with respect to terrorists who Backed Securities [Release No. 33-9165; File latory Management Division, Environmental threaten to disrupt the Middle East peace No. S7-18-10] (RIN: 3235-AK70) received De- Protection Agency, transmitting the Agen- process that was declared in Executive Order cember 22, 2010, pursuant to 5 U.S.C. cy’s final rule — National Emission Stand- 12947 of July 23, 1995; to the Committee on 801(a)(1)(A); to the Committee on Financial ards for Hazardous Air Pollutants: Gold Mine Foreign Affairs. Services. Ore Processing and Production Area Source 11217. A letter from the Administrator, Na- 11198. A letter from the Secretary, Depart- Category; and Addition to Source Category tional Nuclear Security Administration, De- ment of Health and Human Services, trans- List for Standards [EPA-HQ-OAR-2010-0239; partment of Energy, transmitting a letter in mitting a report on the Status and Condition FRL-9242-3] (RIN: 2060-AP48) received Decem- response to the GAO report GAO-10-251; to of Head Start Facilities used by the Amer- ber 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); the Committee on Oversight and Govern- ican Indian and Alaska Native Programs, as to the Committee on Energy and Commerce. ment Reform. required by Section 650(b) of the Head Start 11207. A letter from the Special Inspector 11218. A letter from the Assistant Sec- Act; to the Committee on Education and General for Afghanistan Reconstruction, retary, Legislative Affairs, Department of Labor. transmitting the ninth quarterly report on State, transmitting the Department’s Agen- 11199. A letter from the Program Analyst, the Afghanistan reconstruction, pursuant to cy Financial Report for Fiscial Year 2010; to Department of Transportation, transmitting Public Law 110-181, section 1229; to the Com- the Committee on Oversight and Govern- the Department’s final rule — Federal Motor mittee on Foreign Affairs. ment Reform. Vehicle Safety Standards; Head Restraints 11208. A letter from the Deputy Director, 11219. A letter from the Secretary, Depart- [Docket No.: NHTSA-2010-0148] (RIN: 2127- Defense Security Cooperation Agency, trans- ment of the Treasury, transmitting FY 2010 AK39) received December 22, 2010, pursuant mitting Transmittal No. 10-66, pursuant to Treasury Agency Financial Report; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on the reporting requirements of Section Committee on Oversight and Government Energy and Commerce. 36(b)(1) of the Arms Export Control Act, as Reform. 11200. A letter from the Director, Regu- amended; to the Committee on Foreign Af- 11220. A letter from the Chairman, Federal latory Management Division, Environmental fairs. Trade Commission, transmitting the semi- Protection Agency, transmitting the Agen- 11209. A letter from the Director, Defense annual report on the activities of the Office cy’s final rule — Approval and Promulgation Security Cooperation Agency, transmitting of Inspector General for the period from of Implementation Plans; Texas; Emissions Transmittal No. 10-76, pursuant to the re- April 1, 2010 through September 30, 2010, pur- Banking and Trading of Allowances Program porting requirements of Section 36(b)(1) of suant to 5 U.S.C. app. (Insp. Gen. Act), sec- [EPA-R06-OAR-2005-TX-0012; FRL-9243-1] re- the Arms Export Control Act, as amended; to tion 5(b); to the Committee on Oversight and ceived December 21, 2010, pursuant to 5 the Committee on Foreign Affairs. Government Reform. U.S.C. 801(a)(1)(A); to the Committee on En- 11210. A letter from the Deputy Director, 11221. A letter from the Assistant Attorney ergy and Commerce. Defense Security Cooperation Agency, trans- General, Department of Justice, transmit- 11201. A letter from the Director, Regu- mitting Transmittal No. 10-62, pursuant to ting the annual report entitled, ‘‘Prioritizing latory Management Division, Environmental the reporting requirements of Section Resources and Organization for Intellectual Protection Agency, transmitting the Agen- 36(b)(1) of the Arms Export Control Act, as Property Act of 2010’’; to the Committee on cy’s final rule — Approval and Promulgation amended; to the Committee on Foreign Af- the Judiciary. of Air Quality Implementation Plans; Min- fairs. 11222. A letter from the Senior Program nesota; Sulfur Dioxide SIP Revision for Mar- 11211. A letter from the Acting Director, Analyst, Department of Transportation, athon Petroleum St. Park [EPA-R05-OAR- Defense Security Cooperation Agency, trans- transmitting the Department’s final rule — 2009-0808; FRL-9243-3] received December 21, mitting a notice of proposed lease with the Revisions to the Civil Penalty Inflation Ad- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Government of Iraq (Transmittal No. 07-10) justment Tables [Docket No.: FAA-2009-0237; Committee on Energy and Commerce. pursuant to Section 62(a) of the Arms Export Amendment No. 13-35] (RIN: 2120-AJ50) re- 11202. A letter from the Director, Regu- Control Act; to the Committee on Foreign ceived December 22, 2010, pursuant to 5 latory Management Division, Environmental Affairs. U.S.C. 801(a)(1)(A); to the Committee on the Protection Agency, transmitting the Agen- 11212. A letter from the Acting Director, Judiciary. cy’s final rule — Approval and Promulgation Defense Security Cooperation Agency, trans- 11223. A letter from the Secretary, Judicial of Air Quality Implementation Plans; mitting a notice of proposed lease with the Conference of the United States, transmit- Virgina; Amendments to Ambient Air Qual- Government of Iraq (Transmittal No. 08-10) ting a letter describing the work on the sec- ity Standards for Particulate Matter [EPA- pursuant to Section 62(a) of the Arms Export ond report to Congress on the security of R03-OAR-2008-0073; FRL-9243-5] received De- Control Act; to the Committee on Foreign electronically filled documents to the federal cember 21, 2010, pursuant to 5 U.S.C. Affairs. courts; to the Committee on the Judiciary. 801(a)(1)(A); to the Committee on Energy and 11213. A letter from the Deputy Director, 11224. A letter from the Senior Program Commerce. Defense Security Cooperation Agency, trans- Analyst, Department of Transportation, 11203. A letter from the Director, Regu- mitting corrected letters, pursuant to the re- transmitting the Department’s final rule — latory Management Division, Environmental porting requirements of Section 36(b)(1) of Standard Instrument Approach Procedures, Protection Agency, transmitting the Agen- the Arms Export Control Act, as amended; to and Takeoff Minimums and Obstacle Depar- cy’s final rule — Approval and Promulgation the Committee on Foreign Affairs. ture Procedures; Miscellaneous Amendments of Air Quality Implementation Plans; Penn- 11214. A letter from the Assistant Sec- [Docket No.: 30756; Amdt. No. 3402] received sylvania; Allegheny County’s Adoption of retary, Legislative Affairs, Department of December 22, 2010, pursuant to 5 U.S.C. Control Techniques Guidelines for Large Ap- State, transmitting the Department’s final 801(a)(1)(A); to the Committee on Transpor- pliance and Metal Furniture; Flat Wood Pan- rule — Amendment to the International tation and Infrastructure. eling; Paper, Film, and Foil Surface Coating Traffic in Arms Regulations: Revision of 11225. A letter from the Senior Program Processes; and Revisions to Definitions and U.S. Munitions List Category VII (RIN: 1400- Analyst, Department of Transportation, an Existing Regulation [EPA-R03-OAR-2010- AC77) received December 22, 2010, pursuant transmitting the Department’s final rule — 0857; FRL-9243-6] received December 21, 2010, to 5 U.S.C. 801(a)(1)(A); to the Committee on Waiver of Acceptable Mission Risk Restric- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Foreign Affairs. tion for Reentry and a Reentry Vehicle re- mittee on Energy and Commerce. 11215. A letter from the Secretary, Depart- ceived December 22, 2010, pursuant to 5 11204. A letter from the Director, Regu- ment of the Treasury, transmitting as re- U.S.C. 801(a)(1)(A); to the Committee on latory Management Divison, Environmental quired by section 401(c) of the National Transportation and Infrastructure. Protection Agency, transmitting the Agen- Emergencies Act, 50 U.S.C. 1641(c), and sec- 11226. A letter from the Senior Program cy’s final rule — Interim Final Regulation tion 204(c) of the International Emergency Analyst, Department of Transportation, Deferring the Reporting Date for Certain Economic Powers Act, 50 U.S.C. 1703(c), and transmitting the Department’s final rule — Data Elements Required Under the Manda- pursuant to Executive Order 13313 of July 31, Office of Commercial Space Transportation; tory Reporting of Greenhouse Gases Rule 2003, a six-month periodic report on the na- Waiver of Autonomous Reentry Restriction [EPA-HQ-OAR-2010-0929; FRL 9242-7] received tional emergency with respect to the risk of for a Reentry Vehicle received December 22, December 21, 2010, pursuant to 5 U.S.C. nuclear proliferation created by the accumu- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\L22DE7.000 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8989 Committee on Transportation and Infra- 11235. A letter from the Senior Program 0711; Directorate Identifier 2008-SW-25-AD; structure. Analyst, Department of Transportation, Amendment 39-16521; AD 2010-24-03] (RIN: 11227. A letter from the Senior Program transmitting the Department’s final rule — 2120-AA64) received December 22, 2010, pursu- Analyst, Department of Transportation, Standard Instrument Approach Procedures, ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule — and Takeoff Minimums and Obstacle Depar- on Transportation and Infrastructure. Standard Instrument Approach Procedures, ture Procedures; Miscellaneous Amendments 11244. A letter from the Program Analyst, and Takeoff Minimums and Obstacle Depar- [Docket No.: 30754; Amdt. No 3400] received Department of Transportation, transmitting ture Procedures; Miscellaneous Amendments December 22, 2010, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness [Docket No.: 30757; Amdt. No. 3403] received 801(a)(1)(A); to the Committee on Transpor- Directives; Bell Helicopter Textron Canada December 22, 2010, pursuant to 5 U.S.C. tation and Infrastructure. Model 222, 222B, 222U, 230, and 430 Helicopters 801(a)(1)(A); to the Committee on Transpor- 11236. A letter from the Senior Program [Docket No.: FAA-2010-1137; Directorate tation and Infrastructure. Analyst, Department of Transportation, Identifier 2010-SW-079-AD; Amendment 39- 11228. A letter from the Senior Program transmitting the Department’s final rule — 16523; AD 2010-19-51] (RIN: 2120-AA64) received Analyst, Department of Transportation, Revocation of Restricted Areas R-3807 Glen- December 22, 2010, pursuant to 5 U.S.C. transmitting the Department’s final rule — coe, LA, and R-6320 Matagorda, TX [Docket 801(a)(1)(A); to the Committee on Transpor- Airworthiness Directives; Airbus Model A300 No.: FAA-2010-1014; Airspace Docket No.: 10- tation and Infrastructure. B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4- ASW-14] (RIN: 2120-AA66) received December 11245. A letter from the Program Analyst, 203 Airplanes; and Model A300 B4-601, B4-603, 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting B4-620, B4-622, B4-605R, B4-622R, and F4-605R the Committee on Transportation and Infra- the Department’s final rule — Airworthiness Airplanes [Docket No.: FAA-2009-1067; Direc- structure. Directives; Dassault-Aviation Model FAL- torate Identifier 2009-NM-071-AD; Amend- 11237. A letter from the Ombudsman, De- CON 7X Airplanes [Docket No. FAA-2010-0760; ment 39-16516; AD 2010-23-26] (RIN: 2120-AA64) partment of Transportation, transmitting Directorate Identifier 2010-NM-086-AD; received December 22, 2010, pursuant to 5 the Department’s final rule — Brokers of Amendment 39-16520; AD 2010-24-02] (RIN: U.S.C. 801(a)(1)(A); to the Committee on Household Goods Transportation by Motor 2120-AA64) received December 22, 2010, pursu- Transportation and Infrastructure. Vehicle [Docket No.: FMCSA-2004-17008] ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11229. A letter from the Senior Program (RIN: 2126-AA84) received December 22, 2010, on Transportation and Infrastructure. Analyst, Department of Transportation, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 11246. A letter from the Program Analyst, transmitting the Department’s final rule — mittee on Transportation and Infrastruc- Department of Transportation, transmitting Airworthiness Directives; CENTRAIR Models ture. the Department’s final rule — Airworthiness 101, 101A, 101P, and 101AP Gliders [Docket 11238. A letter from the Senior Program Directives; Pratt & Whitney Canada Corp. No.: FAA-2010-0735 Directorate Identifier Analyst, Department of Transportation, (P&WC) PW305A and PW305B Turboprop En- 2010-CE-030-AD; Amendment 39-16529; AD transmitting the Department’s final rule — gines [Docket No.: FAA-2010-0892; Direc- 2010-24-10] (RIN: 2120-AA64) received Decem- Modification of Class B Airspace; Charlotte, torate Identifier 2010-NE-23-AD; Amendment ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); NC [Docket No.: FAA-2010-0049; Airspace 39-16524; AD 2010-24-05] (RIN: 2120-AA64) re- to the Committee on Transportation and In- Docket No. 08-AWA-1] (RIN: 2010-AA66) received December 22, 2010, pursuant to 5 frastructure. ceived December 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 11230. A letter from the Senior Program U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Analyst, Department of Transportation, 11247. A letter from the Program Analyst, Transportation and Infrastructure. transmitting the Department’s final rule — 11239. A letter from the Program Analyst, Department of Transportation, transmitting Airworthiness Directives; The Boeing Com- Department of Transportation, transmitting the Department’s final rule — Airworthiness pany Model 737-600, -700, -700C, -800, and -900 Directives; SOCATA Model TBM 700 Air- the Department’s final rule — Airworthiness Series Airplanes [Docket No.: FAA-2007- planes [Docket No.: FAA-2010-0862; Direc- Directives; Agusta S.p.A. Model A109E Heli- 28348; Directorate Identifier 2007-NM-060-AD; torate Identifier 2010-CE-040-AD; Amendment copters [Docket No.: FAA-2010-0449; Direc- Amendment 39-16530; AD 2010-24-11] (RIN: 39-16518; AD 2010-23-28] (RIN: 2120-AA64) re- torate Identifier 2009-SW-38-AD; Amendment 2120-AA64) received December 22, 2010, pursu- ceived December 22, 2010, pursuant to 5 39-16456; AD 2010-20-21] (RIN: 2120-AA64) re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on ceived December 22, 2010, pursuant to 5 on Transportation and Infrastructure. Transportation and Infrastructure. 11231. A letter from the Senior Program U.S.C. 801(a)(1)(A); to the Committee on 11248. A letter from the Program Analyst, Analyst, Department of Transportation, Transportation and Infrastructure. Department of Transportation, transmitting 11240. A letter from the Program Analyst, transmitting the Department’s final rule — the Department’s final rule — Airworthiness Airworthiness Directives; Pratt & Whitney Department of Transportation, transmitting Directives; Airbus Model A340-500 and A340- PW4000 Series Turbofan Engines [Docket the Department’s final rule — Airworthiness 600 Series Airplanes [Docket No.: FAA-2010- No.: FAA-2010-0725; Directorate Identifier Directives; Cessna Aircraft Company 1110; Directorate Identifier 2010-NM-052-AD; 2010-NE-18-AD; Amendment 39-16528; AD 2010- (Cessna) 172, 175, 177, 180, 182, 185, 206, 207, 208, Amendment 39-16517; AD 2010-23-27] (RIN: 24-09] (RIN: 2120-AA64) received December 22, 210, 303, 336, and 337 Series Airplanes [Docket 2120-AA64) received December 22, 2010, pursu- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: FAA-2008-1328; Directorate Identifier ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Transportation and Infra- 2008-CE-066-AD; Amendment 39-15-776; AD on Transportation and Infrastructure. structure. 208-26-10] (RIN: 2120-AA64) received December 11249. A letter from the Program Analyst, 11232. A letter from the Senior Program 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting Analyst, Department of Transportation, the Committee on Transportation and Infra- the Department’s final rule — Airworthiness transmitting the Department’s final rule — structure. Directives; Sikorsky Aircraft Corporation Airworthiness Directives; Sikorsky Aircraft 11241. A letter from the Program Analyst, (Sikorsky) Model S-92A Helicopters [Docket Corporation (Sikorsky) Model S-92A Heli- Department of Transportation, transmitting No.: FAA-2010-1136; Directorate Identifier copters [Docket No.: FAA-2010-1136; Direc- the Department’s final rule — Airworthiness 2010-SW-069-AD; Amendment 39-16522; AD torate Identifier 2010-SW-069-AD; Amend- Directives; Various Aircraft Equipped With 2010-24-04] (RIN: 2120-AA64) received Decem- ment 39-16522; AD 2010-24-04] (RIN: 2120-AA64) Rotax Aircraft Engines 912 A Series Engines ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); received December 22, 2010, pursuant to 5 [Docket No.: FAA-2010-0522; Directorate to the Committee on Transportation and In- U.S.C. 801(a)(1)(A); to the Committee on Identifier 2010-CE-022-AD; Amendment 39- frastructure. Transportation and Infrastructure. 16506; AD 2010-23-17] (RIN: 2120-AA64) received 11250. A letter from the Program Analyst, 11233. A letter from the Senior Program December 22, 2010, pursuant to 5 U.S.C. Department of Transportation, transmitting Analyst, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness transmitting the Department’s final rule — tation and Infrastructure. Directives; Eurocopter France (ECF) Model Standard Instrument Approach Procedures, 11242. A letter from the Program Analyst, SA330F, G, and J; and AS332C, L, L1, and L2 and Takeoff Minimums and Obstacle Depar- Department of Transportation, transmitting Helicopters [Docket No.: FAA-2010-0670; Di- ture Procedures; Miscellaneous Amendments the Department’s final rule — Airworthiness rectorate Identifier 2009-SW-42-AD; Amend- [Docket No.: 30755; Amdt. No. 3401] received Directives; The Boeing Company Model 737- ment 39-16513; AD 2010-23-33] (RIN: 2120-AA64) December 22, 2010, pursuant to 5 U.S.C. 900ER Series Airplanes [Docket No.: FAA- received December 22, 2010, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 2010-0764; Directorate Identifier 2009-NM-260- U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. AD; Amendment 39-16519; AD 2010-24-01] (RIN: Transportation and Infrastructure. 11234. A letter from the Senior Program 2120-AA64) received December 22, 2010, pursu- 11251. A letter from the Special Inspector Analyst, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee General for Iraq Reconstruction, transmit- transmitting the Department’s final rule — on Transportation and Infrastructure. ting the Special Inspector General for Iraq Amendment of Using Agency for Restricted 11243. A letter from the Program Analyst, Reconstruction (SIGIR) October 2010 Quar- Areas R-4002, R-4005, R-4006 and R-4007; MD Department of Transportation, transmitting terly Report; jointly to the Committees on [Docket No.: FAA-2010-1070; Airspace Docket the Department’s final rule — Airworthiness Foreign Affairs and Appropriations. No. 10-AEA-18] (RIN: 2120-AA66) received De- Directives; Robinson Helicopter Company 11252. A letter from the Officer for Civil cember 22, 2010, pursuant to 5 U.S.C. (Robinson) Model R22, R22 Alpha, R22 Beta, Rights and Civil Liberties, Department of 801(a)(1)(A); to the Committee on Transpor- and R22 Mariner Helicopters, and Model R44, Homeland Security, transmitting the De- tation and Infrastructure. and R44 II Helicopter [Docket No.: FAA-2010- partment’s report for the Office of Civil

VerDate Mar 15 2010 06:32 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\L22DE7.000 H22DEPT1 tjames on DSKG8SOYB1PROD with HOUSE H8990 CONGRESSIONAL RECORD — HOUSE December 22, 2010 Rights and Civil Liberties for the Fiscal on the State of the Union and ordered to be By Mr. BRADY of Pennsylvania: Year 2009 and the Fourth Quarter of 2009, printed. H. Res. 1783. A resolution making a tech- pursuant to 6 U.S.C. 345(b); jointly to the The Committee on Energy and Commerce nical correction to a cross-reference in the Committees on the Judiciary and Homeland discharged from further consideration. H.R. final regulations issued by the Office of Com- Security. 5498 referred to the Committee of the Whole pliance to implement the Veterans Employ- f House on the State of the Union and ordered ment Opportunities Act of 1998 that apply to to be printed. the House of Representatives and employees DISCHARGE OF COMMITTEE The Committee on Energy and Commerce of the House of Representatives; to the Com- Pursuant to clause 2 of rule XIII the discharged from further consideration. H.R. mittee on House Administration; considered following actions were taken by the 6116 referred to the Committee of the Whole and agreed to. House on the State of the Union and ordered By Mr. MCDERMOTT: Speaker: to be printed. H. Res. 1784. A resolution appointing a The Committees on Education and Labor, committee to inform the President; consid- Energy and Commerce, and Financial Serv- f ered and agreed to. ices discharged from further consideration. H.R. 1064 referred to the Committee of the PUBLIC BILLS AND RESOLUTIONS f Whole House on the State of the Union and Under clause 2 of rule XII, public ordered to be printed. bills and resolutions of the following ADDITIONAL SPONSORS The Committee on Homeland Security dis- titles were introduced and severally re- Under clause 7 of rule XII, sponsors charged from further consideration. H.R. 1174 were added to public bills and resolu- referred to the Committee of the Whole ferred, as follows: House on the State of the Union and ordered By Mr. FORTENBERRY: tions as follows: to be printed. H.R. 6570. A bill to amend the Patient Pro- H.R. 949: Mr. TOWNS. The Committee on Appropriations dis- tection and Affordable Care Act to protect H.R. 1326: Ms. JACKSON LEE of Texas, Ms. charged from further consideration. H.R. 1425 rights of conscience with regard to require- NORTON, and Mr. CALVERT. referred to the Committee of the Whole ments for coverage of specific items and H.R. 1549: Ms. BORDALLO. House on the State of the Union and ordered services; to the Committee on Energy and H.R. 2057: Mr. FATTAH. to be printed. Commerce. H.R. 3924: Mr. BUCHANAN. The Committees on the Judiciary and By Mr. CULBERSON: H.R. 4690: Ms. BALDWIN. Homeland Security discharged from further H.J. Res. 106. A joint resolution proposing H.R. 5191: Mr. HOLT. consideration. H.R. 3376 referred to the Com- an amendment to the Constitution of the H.R. 5434: Ms. JACKSON LEE of Texas and mittee of the Whole House on the State of United States relating to the use of foreign Mr. INSLEE. the Union and ordered to be printed. law as authority in Federal courts; to the H.R. 5543: Mr. TOWNS. The Committee on Ways and Means and Committee on the Judiciary. H.R. 5561: Mr. COHEN. Agriculture discharged from further consid- By Mr. CULBERSON: H.R. 6194: Ms. MOORE of Wisconsin and Ms. eration. H.R. 4678 referred to the Committee H.J. Res. 107. A joint resolution proposing NORTON. of the Whole House on the State of the Union an amendment to the Constitution of the H.R. 6556: Mr. FRANK of Massachusetts. and ordered to be printed. United States regarding the effect of trea- H. Con. Res. 331: Mr. BERMAN. The Committee on Agriculture discharged ties, Executive orders, and agreements with H. Res. 130: Mr. DICKS. from further consideration. H.R. 5105 re- other nations or groups of nations; to the H. Res. 1431: Ms. LINDA T. SA´ NCHEZ of Cali- ferred to the Committee of the Whole House Committee on the Judiciary. fornia.

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Vol. 156 WASHINGTON, WEDNESDAY, DECEMBER 22, 2010 No. 173 Senate The Senate met at 9 a.m. and was You have kept Your promises to us, Lord, give wisdom and knowledge to called to order by the Honorable TOM Almighty God, and our hearts sing our lawmakers today. Show them Your UDALL, a Senator from the State of praises to You. You continue to supply ways and guide them by Your spirit. New Mexico. our needs, to keep us from falling, and Lead them in the path of Your truth so to work everything for our good. You that they will abide in the shadow of PRAYER prevent the weapons that are formed Your providence and permit Your con- The Chaplain, Dr. Barry C. Black, of- against us from prospering, sur- fered the following prayer: rounding us with the shield of Your stant love to sustain them. Let us pray. favor. We pray in Your great Name. Amen.

PLEDGE OF ALLEGIANCE APPOINTMENT OF ACTING U.S. SENATE, PRESIDENT PRO TEMPORE PRESIDENT PRO TEMPORE, The Honorable TOM UDALL led the Washington, DC, December 22, 2010. Pledge of Allegiance, as follows: The PRESIDING OFFICER. The To the Senate: clerk will please read a communication Under the provisions of rule I, paragraph 3, I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby United States of America, and to the Repub- to the Senate from the President pro appoint the Honorable TOM UDALL, a Senator lic for which it stands, one nation under God, tempore (Mr. INOUYE). from the State of New Mexico, to perform indivisible, with liberty and justice for all. The assistant legislative clerk read the duties of the Chair. the following letter: DANIEL K. INOUYE, President pro tempore.

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

S10935

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.000 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10936 CONGRESSIONAL RECORD — SENATE December 22, 2010 Mr. UDALL of New Mexico thereupon troversial provisions, which would have tract. At every turn, it seems the Pen- assumed the chair as Acting President prevented us from getting to this tagon has gone out of its way to advan- pro tempore. point, but this is the Defense author- tage EADS/Airbus for example, the f ization bill, and 90 to 95 percent of the Pentagon has structured the competi- bill is the bill we worked so hard on in tion in ways that minimize the cost ad- RECOGNITION OF THE ACTING committee on a bipartisan basis. I am vantages of an American-made tanker; MAJORITY LEADER very certain that our men and women extended deadlines to accommodate The ACTING PRESIDENT pro tem- in uniform, as this Christmas season EADS/Airbus; adjusted analytical mod- pore. The Senator from Michigan is comes upon us, will be very grateful in- els in the competition in ways that recognized. deed that we did this in the 49th year— favor only the EADS/Airbus tanker; and if the House will move swiftly and, most recently decided to continue f today and pass this bill, as we have using the so-called IFARA war scenario SCHEDULE done in the previous 48 years—passed model in the competition despite having inadvertently released proprietary Mr. LEVIN. Mr. President, on behalf an authorization bill—which is so es- information that disclosed Boeing’s of the leader, today the Senate will re- sential to their success. scores to EADS/Airbus. In recent press sume consideration of the New START Mr. MCCAIN. I will not object. stories EADS/Airbus officials claimed treaty. Yesterday, cloture was invoked Finally, I thank the chairman of the they did not look at Boeing’s propri- on the treaty, which limits debate to 30 Senate Armed Services Committee. I etary information but it has now come hours. He hopes some of the assure my colleagues that the con- out that in fact EADS/Airbus did look postcloture debate time can be yielded troversial aspects of this legislation at it. This type of behavior is unaccept- back so we can complete action on it have been removed, and only the essen- able. early this afternoon. tial parts remain. I thank the Senator from Michigan. I hope we will move In light of the serious national secu- In addition to the treaty, the major- rity and economic implications of the ity leader would like the Senate to forward and get this done today so that we can again provide our men and KC–X Tanker competition, I am reconsider the Department of Defense au- spectfully requesting that the chair- thorization bill, the 9/11 health legisla- women who are serving with the best capability to defend this Nation. man of the Armed Services Committee tion for first responders, and a number initiate an investigation into these of executive nominations, including The ACTING PRESIDENT pro tempore. Is there objection? Without objec- issues—in particular the inadvertent that of James Cole to be Deputy Attor- release of proprietary data—to deter- ney General, before we leave for the tion, it is so ordered. The amendment (No. 4921) was agreed mine whether or not laws and fair com- holidays. Senators will be notified petition regulations have been appro- when any votes are scheduled. to, as follows: (Purpose: To strike title XVII) priately followed. Further, I am seek- f ing the chairman’s assurance today Strike title XVII and the corresponding that he intends to call departmental IKE SKELTON NATIONAL DEFENSE table of contents on page 18. witnesses before the Armed Services AUTHORIZATION ACT FOR FIS- The amendment was ordered to be Committee to ensure that the com- CAL YEAR 2011 engrossed and the bill to be read a mittee is fully informed on the Mr. LEVIN. Mr. President, in legisla- third time. progress, status, and conclusions re- tive session and in morning business, I The bill (H.R. 6523), as amended, was garding the aforementioned investiga- ask unanimous consent that the Sen- passed. tion and any other DOD investigations ate proceed to the immediate consider- KC–X TANKER COMPETITION into this and related matters. ation of Calendar No. 717, H.R. 6523, the Ms. CANTWELL. Mr. President, I Mr. LEVIN. I am prepared to direct Department of Defense authorization rise to enter into a colloquy with the staff immediately to initiate an inves- bill, that a Levin-McCain amendment esteemed chairman of the Senate tigation into the release of proprietary that is at the desk be agreed to, the Armed Services Committee, Senator data to determine if laws and fair com- bill, as amended, be read the third time LEVIN. petition regulations have been appro- and passed, the motions to reconsider Mr. President, I recognize that there priately followed. I also intend to hold be laid upon the table, with no inter- are objections to bringing up a bill one or more hearings by February 1 to vening action or debate, and that any dealing with the Air Force KC–X tank- consider these issues and to review the statements related to the bill be printer competition requiring the Secretary propriety of the procurement process of ed in the RECORD. of Defense to take into account any un- the KC–X tanker competition as it re- The ACTING PRESIDENT pro tem- fair competitive advantages given to lates to this issue. pore. Is there objection? any of the competitors for the con- PAY FOR NONREGULAR SERVICE Mr. MCCAIN. Reserving the right to tract. This provision has passed twice Mr. CHAMBLISS. Mr. President, I object, and I will not object, a lot of on the House side now by over- rise to comment on a provision in the people may not understand that unani- whelming majorities and I am shocked fiscal year 2011 NDAA which the Sen- mous consent request that was just that the same language cannot be in- ate passed today. made by the chairman of the Armed cluded in the Defense authorization bill Section 635 of H.R. 6523, The Ike Services Committee. or passed as a stand-alone bill. These Skelton National Defense Authoriza- Am I correct, I ask my friend from are legitimate concerns being brushed tion Act for fiscal year 2011, contains a Michigan, that this is in order to pass under the rug rather than dealt with sense of Congress concerning age and the National Defense Authorization head on. I recognize that with such a service requirements for retired pay for Act? We have gone, I believe, 48 years short amount of time left in this Con- nonregular service. The sense of Con- and passed one, and there are vital progress we will have trouble convincing gress serves to clarify a provision grams, policies, and pay raises for the our colleagues that we are allowing a which I authored and which is con- men and women in the military and terrible precedent to be set and an ex- tained in section 647 of the fiscal year other policy matters that are vital to pensive injustice is being done to 2008 National Defense Authorization successfully carrying out the two wars American workers and taxpayers. In Act. I appreciate the committee’s de- we are in and providing the men and the last competition, GAO found mul- sire to clarify the intent of that provi- women who are serving with the best tiple instances of uneven treatment sion and ensure proper credit is given possible equipment and capabilities to that when compiled showed a pervasive to members of the Reserve. win those conflicts. Am I correct in as- bias in support of EADS/Airbus. Unfor- As can be inferred from the title of suming that is what this agreement is tunately, we now are seeing a similar the provision in the fiscal year 2008 about? pattern of behavior emerging and I NDAA, the intent of the provision is to Mr. LEVIN. The Senator from Ari- have concerns about the conduct of the provide earlier retired pay to members zona is correct. It is the bill—slightly competition by the Pentagon for this of the Ready Reserve who serve in ac- reduced to eliminate some of the con- U.S. taxpayer-funded $35 billion con- tive Federal status or perform active

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.001 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10937 duty for significant periods. The sense In the fiscal year 2010 National De- Our Federal judges and Federal pros- of Congress in the fiscal year 2011 fense Authorization Act, the chairman ecutors have extraordinary experience NDAA notes that the intent of the helped me to include language that dealing with complex terrorism and original provision was for reservists to would allow for a land exchange be- conspiracy cases. The record speaks for begin receiving retired pay according tween Camp Joseph T. Robinson, which itself. Since September 11, 2001, over to time spent deployed, by 3 months for is an Army National Guard facility, 425 persons have been convicted on ter- every 90-day period spent on active and their neighbor, the city of North rorism related charges in the Federal duty over the course of a career, rather Little Rock, AR. This land conveyance courts—including more than 70 defend- than limiting qualifying time to such is in the best interest of the military ants since President Obama took office periods wholly served within the same for a couple of reasons. First, the land in January 2009. fiscal year. I agree with this sense of that the Arkansas National Guard is And yet, despite this strong record, the Congress to the extent that reserv- giving up is so steep that it cannot be Congress continues to try to tie the ists should receive credit for each 90- used for mounted or dismounted train- hands of law enforcement and other se- day period of continuous duty even ing. Second, the land cannot be totally curity agencies. The prohibition con- though that duty may span 2 different secured due to extremely rugged ter- tained in section 1032 of H.R. 6523 is a fiscal years. rain. Lastly, due to the lack of com- complete bar on transfers of terrorism However, the original intent of the plete security, there is a possibility suspects at Guantanamo Bay to the provision, as I authored it, was not to that a civilian could enter the property United States. There are no exceptions give credit for any 90 days of duty and be seriously injured. The land that to this prohibition for Federal prosecu- served anytime in one’s career, regard- would be gained by the Arkansas Na- tions. Rather than addressing the ques- less of whether or not that duty was tional Guard is well suited for mounted tion of how to close the prison facility served consecutively. This would not and dismounted training and able to be at Guantanamo Bay once and for all, be ‘‘active Federal status or active secured. Congress is obstructing efforts to bring duty for significant periods,’’ it would As all entities were working in good these criminals to justice. just be the normal accumulation of faith toward executing this land ex- In a letter to the Senate leadership dated December 9, 2010, Attorney Gen- days served over the course of a reserv- change, it was brought to my attention eral Eric Holder warned that this pro- ists career. that we need one minor adjustment to My intent in the original provision this language. This adjustment would vision would ‘‘set a dangerous prece- was to reward reservists who were de- be a technical correction that would dent with serious implications for the ploying or serving an active duty tour specify that the land exchange is to impartial administration of justice.’’ for a significant period of time. It was occur between the city of North Little The Attorney General further stated not to allow for early receipt of retired Rock, AR, and the Military Depart- that, by restricting the discretion of pay simply because, over the course of ment of Arkansas, rather than between the executive branch to prosecute terrorists in Article III courts, Congress a reservist’s career, the number of days the city of North Little Rock, AR, and would ‘‘tie the hands of the President served added up to 90. the United States of America. This I would like to yield to the honorable clarification is necessary since Camp and his national security advisers’’ and ranking member of the committee, the Joseph T. Robinson is an entity of the would be ‘‘taking away one of our most Senator from Arizona, and solicit his State of Arkansas rather than an enti- potent weapons in the fight against perspective on this matter. ty of the United States of America. terrorism,’’ Accordingly, this provision Mr. MCCAIN. I thank the Senator I understand that there was a timing is short-sighted and unwise. from Georgia and appreciate his desire issue this year and a need to pass the This prohibition language also sets a to clarify this provision. bill by unanimous consent in the Sen- dangerous political precedent. Once the I agree, as the title of the provision ate so we did not have a formal amend- Senate votes in favor of a total bar to in the fiscal year 2008 NDAA makes ment process during consideration of transfers, even for criminal trial, we clear, that the intent of the change to the bill. However, this technical cor- will see it offered again and again. This the law was to expand eligibility for rection is important to Arkansas. I is a door that, once opened, will not earlier retired pay to members of the would ask for the chairman’s assist- easily be closed. I can think of only two possible moti- Ready Reserve who deploy on active ance in addressing this issue at the vations for including this ban of all duty in support of contingency oper- first opportunity next year. Mr. LEVIN. I appreciate the Senator transfers to the United States. One is ations for significant periods. It is un- from Arkansas bringing this issue to to ensure that the detainees being held fortunate that some reservists who per- my attention, and I will work with him at Guantanamo Bay, some for years form 90 days of deployed, consecutive next year to find a resolution. without charge, can only be tried by duty or more that has spanned two fis- Mr. PRYOR. I appreciate the re- military commissions. The other is to cal years have not received credit marks of the chairman and thank him ensure that these suspects are simply under this provision. The sense of the for his help on this matter. His leader- held in military detention at Guanta- Congress in section 635 of the fiscal ship on military issues is invaluable in namo Bay indefinitely. The very strict year 2011 NDAA seeks to clarify this, the U.S. Senate. restrictions on transfers of suspects and I agree with the Senator from Mr. LEAHY. Mr. President, I am from Guantanamo Bay to other nations Georgia that the duty needs to be ‘‘for deeply disappointed that H.R. 6523, the in section 1033 of H.R. 6523 suggests significant periods’’—it should not sim- National Defense Authorization Act for that indefinite detention is, in fact, the ply be the accumulation of 90 days of Fiscal Year 2011, includes a section to goal of these provisions. duty over the course of a reservists’ ca- prohibit the transfer of terrorism sus- For those who wish to see terrorism reer. pects at Guantanamo Bay to the suspects tried only in military com- Mr. CHAMBLISS. I thank the rank- United States to face prosecution. This missions, I urge them to study the ing member for his comments and I ap- section takes away one of the greatest record. The military commissions de- preciate his willingness to clarify this tools we have to protect our national vised by the prior administration were issue. security—our ability to prosecute ter- plagued with problems and repeatedly LAND TRANSFER rorism defendants in Federal courts. overturned by the U.S. Supreme Court. Mr. PRYOR. Mr. President, I rise The result is to make it more likely The Obama administration has worked today to speak about an issue related that terrorists will not be brought to hard to revise the military commis- to the fiscal year 2011 National Defense justice. sions to make sure they meet constitu- Authorization Act. Chairman LEVIN Current law allows for the transfer of tional standards. However, the new has worked incredibly hard to get this these terrorist suspects for prosecution system is still largely untested, and bill passed by unanimous consent, and in the Federal courts. This is a policy the rules for these commissions were I appreciate his efforts, the efforts of that I strongly support. I want to see only just released earlier this year. Senator MCCAIN and the efforts of rest those who have committed acts of ter- Military commissions have achieved of the Armed Services Committee rorism convicted in our justice system only five convictions since the Sep- members. and sentenced to long terms in prison. tember 11, 2001, attacks. Four of the

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.027 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10938 CONGRESSIONAL RECORD — SENATE December 22, 2010 five resulted from pleas. The sentences tude, their names be printed in the sion to resume consideration of the fol- handed down in these five cases have RECORD. lowing treaty, which the clerk will re- been much shorter than those meted There being no objection, the mate- port. out in Federal court convictions. In rial was ordered to be printed in the The assistant legislative clerk read contrast, our Federal courts have a RECORD, as follows: as follows: long and distinguished history of suc- Richard D. DeBobes, Staff Director; Joseph Treaty with Russia on Measures for Fur- cessfully prosecuting even the most W. Bowab, Republican Staff Director; Adam ther Reduction and Limitation of Strategic atrocious violent acts, and our judicial J. Barker, Professional Staff Member; June Offensive Arms. system is respected throughout the M. Borawski, Printing and Documents Clerk; world. Leah C. Brewer, Nominations and Hearings Pending: The vital role of the rule of law and Clerk; Christian D. Brose, Professional Staff Corker modified amendment No. 4904, to our judicial system in the fight against Member; Joseph M. Bryan, Professional Staff provide a condition and an additional ele- Member; Pablo E. Carrillo, Minority Inves- ment of the understanding regarding the ef- terrorism is also strongly supported by tigative Counsel; Jonathan D. Clark, Coun- leaders of our military who served hon- fectiveness and viability of the New START sel; Ilona R. Cohen, Counsel; Christine E. Treaty and United States missile defense. orably to protect our nation and up- Cowart, Chief Clerk; Madelyn R. Creedon, hold the Constitution. On December 10, Counsel; Gabriella E. Fahrer, Counsel; Rich- The ACTING PRESIDENT pro tem- 2010, a group of retired generals and ad- ard W. Fieldhouse, Professional Staff Mem- pore. The Senator from Massachusetts mirals voiced their opposition against ber; Creighton Greene, Professional Staff is recognized. restricting law enforcement’s ability Member; John W. Heath, Jr., Minority Inves- Mr. KERRY. Mr. President, we cur- to try terrorists in Federal criminal tigative Counsel; Gary J. Howard, Systems rently have two amendments, one of courts, and wrote that, ‘‘By trying ter- Administrator; Paul C. Hutton IV, Profes- sional Staff Member; Jessica L. Kingston, which I believe we will be able to ac- rorist suspects in civilian courts we de- Research Assistant; Jennifer R. Knowles, cept and one of which we are working prive them of the warrior status they Staff Assistant. on with the Senator from Arizona to crave and treat them as the criminals Michael V. Kostiw, Professional Staff determine whether it would need a and thugs they are. As long as Guanta- Member; Michael J. Kuiken, Professional vote. We should know shortly. We will namo is open it offers America’s en- Staff Member; Kathleen A. Kulenkampff, begin debate on an amendment of the emies a propaganda tool that is being Staff Assistant; Mary J. Kyle, Legislative Senator from Arizona. Subsequently, Clerk; Christine G. Lang, Staff Assistant; used effectively to recruit others to the Senator from Connecticut, Mr. their cause and undermines U.S. efforts Gerald J. Leeling, Counsel; Daniel A. Lerner, Professional Staff Member; Peter K. Levine, LIEBERMAN, and the Senator from Ten- to win support in the communities General Counsel; Gregory R. Lilly, Executive nessee, Mr. CORKER, have an amend- where our troops most need local co- Assistant for the Minority; Hannah I. Lloyd, ment they want to proceed on with re- operation to succeed.’’ Staff Assistant; Jason W. Maroney, Counsel; spect to missile defense. Those are the I believe strongly, as all Americans Thomas K. McConnell, Professional Staff only two at this time. We hope to be do, that we must do everything we can Member; William G.P. Monahan, Counsel; able to get to final passage on this to prevent terrorism, and we must en- Davis M. Morriss, Minority Counsel; Lucian treaty without delay. The Senator sure severe punishment is imposed L. Niemeyer, Professional Staff Member; Mi- chael J. Noblet, Professional Staff Member; from Arizona assured me they are try- upon those who do us harm. As a ing to work through what that means. former prosecutor, I have made certain Christopher J. Paul, Professional Staff Mem- So I think we will proceed without any that perpetrators of violent crimes re- ber; Cindy Pearson, Assistant Chief Clerk and Security Manager; Roy F. Phillips, Pro- attempt to pin that down with a unani- ceive serious punishment. I also believe fessional Staff Member; John H. Quirk V, mous consent agreement at this point. strongly that we can ensure our safety Professional Staff Member. Obviously, for all Senators, we want to and security, and bring terrorists to Robie I. Samanta Roy, Professional Staff try to do this as soon as is practical. justice, in ways that are consistent Member; Brian F. Sebold, Staff Assistant; with our laws and values. Congress Russell L. Shaffer, Counsel; Travis E. Smith, I yield the floor. should not limit law enforcement’s Special Assistant; Jennifer L. Stoker, Secu- The ACTING PRESIDENT pro tem- ability to do just that. rity Clerk; William K. Sutey, Professional pore. The Senator from Arizona is rec- Mr. LEVIN. Mr. President, the proud Staff Member; Diana G. Tabler, Professional ognized. tradition our committee has main- Staff Member; Mary Louise Wagner, Profes- sional Staff Member; Richard F. Walsh, Mi- Mr. KYL. Mr. President, would it be tained every year since 1961 continues nority Counsel; Breon N. Wells, Staff Assist- in order for me to call up an amend- with the Senate’s passage of this, the ant; Dana W. White, Professional Staff Mem- ment at this time? 49th consecutive national defense au- ber. The ACTING PRESIDENT pro tem- thorization bill. We always have to Mr. LEVIN. I yield the floor and sug- pore. The Senator is recognized for work long and hard to pass this bill, gest the absence of a quorum. that purpose. but it is worth every bit of the effort The ACTING PRESIDENT pro tem- AMENDMENT NO. 4892, AS MODIFIED we put into it because it is for our pore. The clerk will call the roll. Mr. KYL. I call up amendment No. troops and their families as well as, ob- The legislative clerk proceeded to 4892, as modified. The modification is viously, our Nation. I thank all Sen- call the roll. ators for their roles in keeping this Mr. KERRY. Mr. President, I ask at the desk. tradition going. unanimous consent that the order for The ACTING PRESIDENT pro tem- Our bipartisanship on this committee the quorum call be rescinded. pore. The amendment is so modified. makes this moment, as late as it is, The ACTING PRESIDENT pro tem- Mr. KERRY. Mr. President, if we possible. I am proud to serve with Sen- pore. Without objection, it is so or- could begin the consideration, as I ator MCCAIN and am grateful for his dered. mentioned, we are working on that lan- partnership. f guage. I do not want to agree to the I thank all our committee staff mem- modification yet until we have had a bers. With their extraordinary drive RESERVATION OF LEADER TIME chance to talk with the Senator about and many personal sacrifices to get The ACTING PRESIDENT pro tem- it. I am not saying we will not agree to this bill done—and we had to get it pore. Under the previous order, the it. I want to see if we can get that done twice because we had to modify leadership time is reserved. done. If we can begin on the amend- the bill that was originally presented f ment as originally filed, we can inter- to the Senate, as everybody here rupt to do it with the modification. I knows. Our staff has given another EXECUTIVE SESSION want a chance to clear it. meaning to this season of giving. Led by Rick DeBobes, our committee’s staff Mr. KYL. I am not asking at this TREATY WITH RUSSIA ON MEAS- director, and Joe Bowab, our Repub- time there be an agreement. I am sim- URES FOR FURTHER REDUCTION lican staff director, they have given ev- ply saying that the amendment I want erything imaginable, and some things AND LIMITATION OF STRATEGIC to bring up is the amendment I filed. unimaginable, to get this bill passed. OFFENSIVE ARMS Mr. KERRY. I have no objection to So we thank all of them. The ACTING PRESIDENT pro tem- the as modified to consider it. I ask that, as a tribute to the profes- pore. Under the previous order, the Mr. KYL. I will describe the modi- sionalism of our staff, and our grati- Senate will proceed to executive ses- fications. They were made in an effort

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.002 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10939 to get agreement. If we cannot, that is which is what we call that group of fa- tonium facility—that is at Los Alamos fine, but I do think it makes it more cilities, as well as the stockpile: Laboratory—and the Uranium Proc- palatable to Members. To be blunt, there is absolutely no way we essing Facility, or UPF at the so-called May we have the amendment read. can maintain a credible deterrent and reduce Y–12 facility at Oak Ridge, TN. With- The ACTING PRESIDENT pro tem- the number of weapons in our stockpile without these, the capacity to perform pore. The clerk will report. out either resorting to testing our stockpile stockpile maintenance will be lost by The assistant legislative clerk read or pursuing a modernization program. 2020 and there will be no capability to as follows: Each year, our Laboratory Directors modernize our aging stockpile. The Senator from Arizona [Mr. KYL] pro- and the Secretary of Energy are re- For Members to recall briefly, these poses an amendment numbered 4892, as modi- quired to provide a certification to the are, in many cases, facilities that go fied. President that certifies the status of all the way back to the Manhattan Mr. KYL. Mr. President, I ask unani- the weapons in the stockpile and Project, the project that created the mous consent that the reading of the makes determinations as to whether atomic weapons that enabled us to con- amendment be dispensed with. those weapons are safe, secure, and re- clude World War II. Some of these The ACTING PRESIDENT pro tem- liable without the need for testing. buildings were built as early as 1942, pore. Without objection, it is so or- Each year, as we discussed in our and they are not in good shape. In fact, dered. closed session, there are reports about when I was with one of my colleagues The amendment is as follows: the status of these weapons. I will talk from Tennessee visiting the Y–12 facil- (Purpose: To require a certification regard- in a moment about the material we dis- ity, I asked one of the people respon- ing the design and funding of certain facili- cussed in the closed session. But suffice ties) sible for a particular part of the facil- it to say here that there is a great need At the end of subsection (a), add the fol- ity what his biggest concern was. He lowing: for us to move with alacrity to bring said: My biggest concern is keeping (11) DESIGN AND FUNDING OF CERTAIN FACILI- up to date the weapons that are in our this thing going for another 10 or 12 TIES.—Prior to the entry into force of the stockpile and that requires moderniza- years. When you see the facility, you New START Treaty, the President shall cer- tion of the facilities and related equip- can see that. And that is no way to tify to the Senate that the President intends ment to accomplish that task. deal with the most sophisticated weap- to— This will require a substantial in- (A) accelerate the design and engineering ons that mankind has ever invented. phase of the Chemistry and Metallurgy Re- vestment over the next decade. Unfor- As I said, the current plan is a big search Replacement (CMRR) building and tunately, over the years, these facili- improvement over what we had just a the Uranium Processing Facility (UPF); and ties have been allowed to deteriorate, year or so ago. We got together with (B) request advanced funding, including on our capacity to atrophy, and our sci- the administration and asked them to a multi-year basis, for the Chemistry and entists to retire without doing what is relook at the plan they had submitted Metallurgy Research Replacement building necessary to bring these weapons up to and identify areas where there were de- and the Uranium Processing Facility upon date. completion of the design and engineering ficiencies in funding or planning. They phase for such facilities. The current budget projection, as ex- came back with an updated report that The ACTING PRESIDENT pro tem- pressed in the 1251 report update, which revealed funding requirements that had pore. The Senator from Arizona is rec- was dated November 17, 2010, initiates previously not been dealt with. There ognized. that modernization but clearly cannot was a little over $4 billion in funding Mr. KYL. Mr. President, this amend- accurately predict future require- added to the first 5 years of the 10-year ment has to do with the modernization ments. This is the problem we have program we are looking at as a result. of our nuclear weapons enterprise. It is dealt with here. But even there, there was an argu- a subject with which we began this de- The report acknowledges that we ment that there were uncertainties, bate. As we get toward the end of the have a problem and can estimate today they were only at a certain point in the debate, it remains a piece of unfinished what we think we can spend over the planning of these two large facilities, business with which I think we need to next few years—say, 5 years—but it is and that those funds would be inad- deal. Remember, the nuclear enterprise hard to estimate beyond that as to equate. we are talking about consists primarily what the exact cost of this is going to To note something for our colleagues of the facilities that are used to work be. I try to deal with that in this par- and of which the Presiding Officer is on our nuclear weapons, as well as the ticular amendment. very well aware, being one of the two weapons and importantly the scientists The Laboratory Directors responsible Senators responsible for the Los Ala- who work in those facilities. They rep- for certifying our nuclear weapons re- mos facilities, he will recall both he resent our National Laboratories, as cently wrote in a letter: and his colleague and others of us, in well as other production facilities and As we emphasized in our testimonies, im- visiting Los Alamos, were told about related facilities. plementation of the future vision of the nu- the problems of building a facility The point I think is important for clear deterrent . . . will require sustained at- there where there theoretically could people to remember is that unlike all tention and continued refinement. be an earthquake in the near vicinity of the other nuclear powers in the In other words, each year they can and the costs of construction have in- world today, the United States does get their estimates more accurate, as creased dramatically because of the not have an active modernization pro- one might expect, and define more spe- physical needs to protect that facility gram for our nuclear deterrent, a pro- cifically what the exact requirements against any conceivable kind of phys- gram which enables us, for example, to are. In this case, that generally means ical problem. That has increased the remanufacture a component of a weap- an increase in costs in one area or an- cost of the facilities, and they are try- on and replace an existing weapon with other. In fact, Vice President BIDEN, ing to get a handle on how much they that. speaking to this precise problem, said: will actually be. They are pretty clear The need for this has been made very [W]e expect that funding requirements will about a ball-park estimate, but a ball- clear by all of the people in the admin- increase in future budget years. park estimate is not quite good enough istration who have considered this, in- We know that is going to happen. for these purposes, as we know. cluding Secretary of Defense Gates. The question is, can we be any more I will conclude by saying I am a little The Secretary, remember, is, in effect, particular in the funding that we re- distressed by the news stories. We can- the customer for the Department of quire. My amendment seeks to be a lit- not expect the news media to have got- Energy, which is the Department re- tle bit more precise or a little bit more ten into the detail required to actually sponsible for producing these weapons. specific than the current language. make policy. They put it in a political The budget we talk about is a Depart- At the crux of this modernization context that the administration put ment of Energy budget, but it is really program is a need for a firm commit- another $4 billion into the pot and why to produce weapons for use by the Sec- ment for the construction of two crit- shouldn’t that satisfy people like me. retary of Defense. ical manufacturing facilities. They are Of course, that is totally beside the Here is what he said about the need called the Chemistry and Metallurgy point. We are simply trying to get a to modernize the production complex, Research Replacement, or CMRR, plu- better handle on how much money will

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.005 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10940 CONGRESSIONAL RECORD — SENATE December 22, 2010 be needed and to be able to plan for Each year of delay adds to those So this has to be done whether the that funding in a way that gets it to kinds of maintenance costs. Senator treaty is ratified or not, and I think ev- the facilities in the most expeditious CORKER and I and Senator ALEXANDER erybody acknowledges that fact. way possible so that, A, we can com- were told at the Y–12 facility that it is So we believe the resolution of ratifi- plete the work that has to be done in about a $200-million-a-year cost to cation needs to address these issues by time and, B, that will save a lot of keep these aging facilities going that providing a couple conditions, and we money, about $200 million a year. we can eliminate if we can complete have modified the original language in There is every reason to want to un- the construction of these two large fa- order to try to get an agreement. If we derstand how much it will cost and get cilities. can’t, we will vote on it and see what it done quickly. It is not about adding One-fourth of the newest increase of happens, but I am hoping my col- $4 billion. That does not begin to cover this $4.1 billion, of which I spoke, for leagues will agree. the cost of these items. the next 4 years does not even go to the The first is something I know has It is not a matter of some kind of ne- buildings or the facility. It simply been agreed to; that is, a condition the gotiation that additional money was meets an obligation for unfunded pen- President will provide an annual up- thrown in the pot and is that not good sions that have been allowed to accu- date of the section 1251 report. enough. It is a matter of continuing to mulate over the years. The only good The administration is agreeable to focus as the cost of these facilities news about that is, I guess, they would this, and it is the way for Congress to evolves and as the requirements evolve, probably have stolen the money from be annually advised of the status of so that Congress, with the administra- one of the accounts that directly deals this construction, the status of the fa- tion’s request in its budgets, can pro- with the modernization of our weapons cilities, and what more may need to be vide the funding that is necessary when in order to meet those unfunded pen- done on that. Presumably, that will be it is necessary to get these facilities sion obligations. So I am glad we were provided at or about the time the budg- completed as quickly as possible in able to put the billion dollars in there. et is sent to Congress from the admin- order to achieve our modernization But when they talk about $4 billion istration. goals. more for science work on these weap- Secondly, a condition the President There is no dispute about the fact ons, that is not true. Fully one-fourth will certify, prior to entry into force of that there will be additional money re- the treaty, that the President in- quired. It is just a question of what to of it goes to meet these unfunded pension obligations. tends—so this is not a requirement do about it. that he has achieved a particular re- The updated budget, while commit- There is a need for things outside the science, but clearly the science result, but he intends to accelerate the ting additional funds to repairing these design and engineering phase, to the facilities, will not be able to eliminate quirements are the key ones we are trying to get money to as much as we extent possible, of the CMRR and UPF. even over 10 years, for example, the In other words, we are not asking the more than $2 billion of documented can. The key point also is that the mod- impossible be done, just that to the ex- maintenance issues. There are some tent we can possibly do it, we accel- things that are simply outside the ernization is independent of the ratification of the treaty. It is true that as erate the design and engineering of budget and need to be dealt with. these two facilities so they can get My biggest concern in the updated we reduce the number of warheads, done on time, rather than with the modernization plan is actually that it there is even more of a requirement delays. added to the delays. What we should be that we know the warheads we have Third, that the administration—or doing is trying to telescope these will do their job because we do not the President—request advance fund- projects as much as possible so we can have a backup warhead sitting in a ing, including on a multiyear basis, for meet the deadlines for the refurbishing storeroom, basically in the event some- these two facilities—the CMRR and the of our weapons—or maintenance of our thing does not work if that is deployed UPF—upon completion of the design weapons, I should say—rather—than right now. It is true that as we reduce extending the time for the completion the number, we have to pay even more and engineering phase of the planning. What that means is, we are not ask- of the facilities. But unfortunately, attention to whether they are all safe, ing them to provide advance funding that is what the latest report did. In- secure, and reliable. But it is also a for the entire projects, as is done, for stead of accelerating construction of fact that the modernization is inde- example, when we construct an aircraft these two most critical facilities, the pendent of the ratification of the trea- carrier. We are not asking it be done CMRR and the UPF, the updated plan ty. now, when there are still some uncer- now delays completion to 2023 and 2024, During the hearings that were con- tainties about exactly what these fa- respectively, rather than 2020. ducted on this treaty, all 16 experts cilities need and how much they will As we recall from the executive ses- who provided testimony spoke of the cost. Los Alamos is still being sion we had a couple of days ago, there requirement for modernization. Many tweaked, among other things, as I said, was information presented as to why indicated it is a requirement irrespec- because of the need to make it earth- these facilities absolutely needed to be tive of START. That is a point that has quake-proof. What we are saying is, completed by 2020 in order to accom- been made by others as well. upon completion of the design and en- plish the life extension projects for For example, former Energy Sec- gineering phase of planning, then the some of our weapons. retary Spencer Abraham in an op-ed re- administration requests advance fund- Delay in these facilities will hamper cently said: efforts to perform these critical life ex- ing and on a multiyear basis. tensions of our warheads and not in- The Obama administration’s decision to What that means is—and this is fre- support increased investment in the mainte- consequentially add significant costs, quently done with large Defense De- nance of our nuclear weapons lab and stock- partment contracts, in order to get again, primarily to keep these aging pile is correct and long overdue . . . But the facilities operational. fact that the administration has revised its them done as quickly as possible and as As an example, we have to put a policy for the better is in itself no reason for inexpensively as possible—there are brandnew roof on the facility at Los any Senator to endorse START . . . The multiyear advances of funding so the Alamos even though the facility in 10 START treaty and beefed up funding for our money can be spent, let us just say hy- or 12 years is no longer going to be nuclear enterprise are two separate issues pothetically, within a 5-year period by used because it will be replaced. But that should remain distinct. the Defense Department for an aircraft the roof is so bad that the work we The point was also made by the per- carrier, for example. Instead of having have to do in there is affected by the son responsible for this modernization the Appropriations committees each weather, and so we have to build a roof. program—Deputy NNSA Administrator year appropriate a particular amount That is an expenditure one hates to Tom D’Agostino. He said: ‘‘Our plans of money, and the work that is done make because in 10 or 12 years that for investment in and modernization of can only be done within the con- building is not going to be used any- the modern security enterprise are es- straints of that particular amount of more. But that is the state of repair we sential, irrespective of whether or not money appropriated in that particular are in. the START treaty is ratified.’’ year, what they say is—and I am just

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.006 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10941 speaking hypothetically—the cost is, sort of the father of the Manhattan principled argument for why we let’s say, $4 billion, and we know it is Project, didn’t have any problem at all shouldn’t do this. Having this advance going to take about 4 years to do this. about advance funding. He went to the funding could complete these facilities Instead of saying: Well, we are going to President and the Congress and said: I on time, rather than with a 2- or 3-year do $1 billion of appropriations each need this money. They said: What do delay, and we could save literally hun- year, what they say is: All right. You you need it for? He said: Don’t ask dreds of millions of dollars. have $4 billion, and if you can get it questions, it is secret, and he got the Mr. President, I ask unanimous con- done more quickly by spending this money. That is an oversimplification, sent to have printed in the RECORD money more quickly, fine. That will but he got that project done in less some additional quotations on the need save us money and it will get the time than anybody could have possibly for modernization from former labora- project done quicker. If you can’t, then imagined because he had the resources tory Directors, an Under Secretary of you can’t. But that money is set aside provided to him to get it done. Defense, the current Secretary of De- in an account for that purpose. So when they say it has never been fense, the former Secretary of State, That is all we are asking be done done before, well, actually, it has been Henry Kissinger, and there are many here too. These two facilities are both, done before on this exact—on this more we could produce. in terms of order of magnitude, about exact—national defense item; namely, There being no objection, the mate- $5 billion facilities. They might be a our nuclear enterprise. It is just that it rial was ordered to be printed in the little less. They are likely to be a little was back in the early 1940s when people RECORD, as follows: more—potentially, in the neighborhood were not so, I guess, concerned about ADDITIONAL QUOTES ON MODERNIZATION of $6 billion or so. Originally, when the each year’s budget and the appropria- Former laboratory directors: ‘‘However, we administration presented its first 1251 believe there are serious shortfalls in stock- tions that would accompany those pile surveillance activities, personnel, infra- report, the entire 10-year program was budgets. structure, and the basic sciences necessary set at $10 billion. We knew that wasn’t Secondly, the argument is made to recover from the successive budget reduc- adequate. We went to the administra- that—and this one may surprise folks— tions of the last five years.’’ 7 tion, they recalculated everything, well, if we have, let’s say, 3 years’ Secretary Kissinger: ‘‘As part of a number brought their estimates up to date, and worth of funding out there and that of recommendations, my colleagues, Bill said: That is right, $10 billion is not money is provided to the Department Perry, George Shultz, Sam Nunn, and I have called for significant investments in a re- going to be enough. We will add an- of Energy, the Members of Congress paired and modernized nuclear weapons in- other $4 billion to $6 billion over the who are on the Appropriations Com- frastructure and added resources for the first 4 to 6 years. mittee will grab that money—or parts three national laboratories.’’ 8 Undoubtedly, the cost will increase of it that are unspent—and apply it to Under Secretary Joseph: ‘‘New START above that, as has been testified to. My other things. must be assessed in the context of a robust guess is, just in terms of order of mag- Think about that for a minute. The commitment to maintain the necessary nuclear offensive capabilities required to meet nitude, you are looking at roughly $20 very people responsible for funding today’s threats and those that may billion over 10 to 12 years. We will these projects in the Congress, who emerge. . . This is a long-term commitment, know more each year this goes for- know they have to be done and who not a one-year budget bump-up’’ 9 ward. But to construct these two facili- have agreed to the advanced funding in Secretary Gates: ‘‘This calls for a reinvigo- ties, if we could advance fund at least the first place, I think are highly un- ration of our nuclear weapons complex that some money—let’s say, 3 years’ worth likely, after that money has been pro- is our infrastructure and our science technology and engineering base. And I might of the money—then it will be possible vided, to say: Well, we need money for just add, I’ve been up here for the last four for the people who are responsible for some water projects or something so springs trying to get money for this and this the construction of those facilities, if we will go grab some of that money is the first time I think I’ve got a fair shot they can get 15 months of work out of that isn’t spent. The whole reason it of actually getting money for our nuclear ar- the first 12 months and spend more isn’t spent is because you have pro- senal.10 than 12 months’ worth of money to get vided multiyear funding for the project ENDNOTES that done, that is great. They will have for efficiency purposes. So I don’t 7 Harold Agnew et al., Letter from 10 been able to accomplish their job more think that is a reason for us to not ad- Former National Laboratory Directors to quickly. Each month that goes by adds vance funds. Secretary of Defense Robert Gates and Sec- I would like to call to my colleagues’ retary of Energy Steven Chu. May 19, 2010. costs to the program. So if we can pro- 8 Secretary Henry Kissinger, Testimony to vide them advance funding of some attention—and I will let my colleague, the Senate Foreign Relations Committee. amount—we are not specifying it in Senator CORKER, put this in the May 25, 2010. here—they can probably get the project RECORD because I think either he or 9 Under Secretary Robert Joseph, Testi- done more quickly and less expen- Senator ALEXANDER might talk about mony to the Senate Foreign Relations Com- it—a letter signed by Senators INOUYE, mittee. June 24, 2010. sively, and that should be a good thing. 10 Secretary Robert Gates, Testimony to I think everybody agrees this would be FEINSTEIN, COCHRAN, and ALEXANDER, the Senate Armed Services Committee. June the way to do it. who presumably, in the next Congress, 17, 2010. There have been two objections pos- will be the chairmen and ranking mem- Mr. KYL. I thank the Chair, and I ited, to my knowledge. First, the De- bers of the full committee and sub- will have more to say, but I will let partment of Energy has never done it committees responsible for this fund- other Senators speak. this way. That, of course, is not the ing. This letter makes it clear they are The ACTING PRESIDENT pro tem- way for us to set policy. I saw my col- committed to the full funding of the pore. The Senator from Tennessee. league on television this morning say- modernization of our nuclear weapons Mr. CORKER. Mr. President, as I did ing what we need is a plan. We are too arsenal and that they are asking the yesterday on the floor, I wish to say I focused always on what is right in President to submit budgets which will cannot thank, and I hope the Senate front of our face. A lot of times, if we provide for the necessary funding for will feel the same way—I think our have a basic plan everybody knows we this and they commit themselves to country will when they understand are trying to work toward, it is amaz- support that funding. what Senator KYL has done—I cannot ing how much you can accomplish in That is important, and I don’t think thank him enough for his thoughtful, terms of the details. Well, this is the we can attribute a motive to Senators dogged, persistent efforts as it relates basic plan. like this, who we all know are entirely to modernizing our nuclear arsenal. As The Department of Defense does this trustworthy, that somehow after this a matter of fact, the Presiding Officer every year because they have large- money is advance funded, that Con- and I accompanied Senator KYL on a cost construction projects. The Depart- gress or appropriators are going to bipartisan trip to Sandia and Los Ala- ment of Energy has never done it that reach back and grab money they have mos to look at some of the many needs way—except I am not sure that is true. already provided because they think we have throughout our complex in our Before there was a Department of En- there is another purpose they want to country, which resides at seven facili- ergy, the Manhattan Project was being spend it for right now. So those are the ties across the country. It is that fore- built, and GEN Leslie Groves, who is reasons why I don’t think that is a sight that Senator KYL has displayed,

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.008 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10942 CONGRESSIONAL RECORD — SENATE December 22, 2010 beginning years ago but especially fo- been a collective effort led by Senator a threat to their safety, and it is a cused over this last year, that I think KYL. waste of taxpayers’ money. As the Sen- has led to incredible results. Again, I know we will end up in a dif- ator from Arizona said, after a certain While the Senator and I are obvi- ferent place on the treaty as a whole, number of years—I am not sure of the ously going to end up in different but it is my hope that the administra- exact number anymore, maybe 15 places, it appears, on this treaty—and tion and Senator KERRY will accept the years, some number of years—this pays there is no question the treaty and changes Senator KYL has put forth in for itself. The modernization of these modernization are two very different his amendment. It is my hope that by facilities, the bringing them up to date, things—there is no question in my unanimous consent we can add this to means the taxpayers will pay just as mind that we would not have the mod- the treaty. Even if that does not occur, much to operate these old facilities as ernization commitments we have in there is no question that the contribu- they would to spend $5 billion or $6 bil- hand today if it were not for the trea- tions of Senator KYL to the commit- lion or whatever it is to improve these ty. So, for me, it is this whole body of ments that are so important to ensur- two big new facilities and the other in- work that works together, and in my ing our country is safe and secure by frastructure and the other things we opinion makes this decision one that is virtue of having a reliable, safe, de- need to do. very easy to make because of the en- pendable, nuclear arsenal not only will It ought to be said as well that not tire body of work. be evident today, but they will be evi- one of these facilities is in Arizona. I wish to say that Senator KYL, dent for generations to come. For that, This is not home cooking by JON KYL. through his efforts, has caused there to I thank him deeply. This is a man who, for a couple dec- be two updates to what is called the I yield the floor. ades, has made our nuclear posture his Defense authorization 1251. That is The ACTING PRESIDENT pro tem- business and has made sure he knows something that is required by our De- pore. The Senator from Tennessee is as much about it as anyone and has fense authorization bill. It focuses on recognized. made sure the rest of us paid attention expenditures to our nuclear arsenal. Mr. ALEXANDER. Mr. President, I to it when we might be more interested I think people will realize, over the came to the floor to express my admi- in the issue of the moment. So it is an next decade, as a result of Senator ration for the Senator from Arizona. I example of a Senator doing his job very KYL’s efforts—and Senator KERRY’s co- was listening to his address and I heard well. I am deeply grateful for that and operation and the appropriators and my colleague from Tennessee. I am proud to serve in the Senate with the President and others—that $86 bil- Senator KYL’s work on nuclear mod- such a person. lion will be invested in modernizing ernization is no surprise to any of us I would like to mention the letters I our nuclear arsenal, and $100 billion who know him very well because his had printed in the RECORD yesterday. will be invested in those delivery vehi- approach to issues is a principled one, They are such an integral part of the cles that relate to our warheads. I and once he determines the principle, remarks of Senator KYL and Senator think people realize that while we are he is dogged. He is a determined per- CORKER—the letter to the President of talking about 1,550 warheads being our son. He basically took this issue of nu- December 16, from Senators INOUYE and deployed limit, we have 3,500 other clear modernization, which is not on COCHRAN, the ranking members of the warheads that are stockpiled all across the lips of very many people in the Appropriations Committee on both our country and those also need to be United States—the question of whether sides of the aisle, and Senator FEIN- modernized. We need to know they are our nuclear weapons are safe and reli- STEIN and I, who are both members of available. able, whether they will work—he the appropriate subcommittee for deal- I think the Presiding Officer and I pulled it out of a trash bin and put it ing with this, as well as the President’s were able to see where neutron genera- on the front page of a national debate. response of December 20. tors were going to expire, where the He did it in connection with the In concluding my remarks, I would guidance system that guides many of START treaty, but as he said in his like to also congratulate Senator KYL our missiles is far less sophisticated own remarks, this should be done for his comments about advanced fund- than the cell phones we have today. In whether you are for the START treaty ing. We want to do things in an orderly some cases, they still had tubes, such or against the START treaty. It is way in government, but it makes no as we had in our old black-and-white completely independent, in that sense. sense for us to build buildings in the televisions. In my view, under no circumstances most expensive way, particularly when So I wish to thank the Senator from should the START treaty be ratified there is an urgent deadline that is in Arizona for everything he has done to without doing this. That would be like the national interest. So if indeed by cause there to be focus on this and for reducing our weapons and leaving us building these buildings more rapidly the fact he has caused it to be dove- with a collection of wet matches. We and saving the annual maintenance tailed; the fact we have an updated 1251 need to make sure what we have left costs we could save the taxpayers hun- that reflects the needs of our country; works. But this is sort of the dreds of millions of dollars at a time the fact that we have four appropri- showhorse/workhorse Senator distinc- when we are borrowing 42 cents out of ators who now have committed to the tion. This is an issue on the back burn- every $1 and every one of us is going to President they will support this effort; er. It is an unpleasant issue. No one be looking for ways to save money, the fact the President has said to likes to talk about making nuclear Senator KYL’s suggestion about ad- them—and all this has been entered weapons, each one of which could be 30 vanced funding, which may not be the into the Record—that he will ask for times as powerful as the bomb that was way the Department of Energy has these moneys to modernize our nuclear dropped on Hiroshima and ended the done it before, ought to be the way we arsenal. war, but it is a part of the reality in do it now. We didn’t used to have a big So, again, Senator KYL has done in- the United States and in the world dip like we do now. Let’s look for ways credible work in this regard. I think he today. to save hundreds of millions of dollars. has informed this body, and I think it As Senator CORKER was saying and as We know we are going to have to mod- is due to his efforts and those of us who Senator KYL said when each of us vis- ernize these weapons, START treaty or have supported his efforts that have ited in different times, different no START treaty, as the Senator said. helped to find gaps in our moderniza- places—Senator KYL came to Ten- We know we are going to have to save tion program. We have been able to nessee. I was with him there. He has money. Let’s accept the Senator’s sug- talk to the head of the NNSA and the talked to many more people than I gestion about advanced funding of Lab Directors to focus on those gaps. have on this subject—these weapons these large facilities. As one member of The senior Senator from Tennessee are being modernized in facilities that the appropriations committee, I am has helped tremendously in that re- are completely outdated. It would be as going to do my best to follow his sug- gard. He and Senator KYL and Senator if we were making Corvettes in a Model gestion. LUGAR have actually gone through T factory. I am here to congratulate him for a other sites—sites I did not go through Worse than that, it is not just an in- superior, statesmanlike piece of work, with Senator KYL myself. So this has convenience to the workers there, it is both on the treaty which he has

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.009 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10943 worked to improve but also on the nu- erate all of those, but I wish to point ties underlying that complex; namely, clear modernization issue which he sin- out, Secretary Gates said recently—he the designer and technical workforce. gle-handedly has put upfront before couldn’t be any more clear that nu- The amendment, as proposed by Sen- those of us in the Senate and the clear modernization is a prerequisite to ator KYL, makes clear in the resolution American people and it makes our nuclear reductions when he said: of ratification how critical moderniza- country safer and more secure. To be blunt, there is absolutely no way we tion is to the United States while it is The ACTING PRESIDENT pro tem- can maintain a credible deterrent and reduce reducing its nuclear arsenal. First, the pore. The Senator from Arizona. the numbers of weapons in our stockpile amendment places a condition in the Mr. KYL. Mr. President, I wish to without either resorting to testing our resolution of ratification requiring the thank both my colleagues from Ten- stockpile or pursuing a modernization pro- President to submit an annual update nessee for their very kind remarks. Ac- gram. to the section 1251 report. The 1251 re- tually, the place we have gotten, what Similarly, Thomas D’Agostino, the port is something annually that comes we have achieved, is due to the efforts head of the National Security Adminis- up here that gives us an update on the of a lot of people. It starts with Sec- tration or NNSA said nuclear mod- nuclear weapons arsenal. Now we will retary Gates in the Department of De- ernization is a prerequisite to nuclear have, thanks to the amendment adopt- fense; Secretary Chu; Tom D’Agostino; reductions, stating: ‘‘ . . . as our stock- ed earlier, a certification with regard his Deputy Director of NNSA, Don pile gets smaller, it becomes increas- to the necessary investment in delivery Cook; the Lab Directors who are in- ingly important that our remaining vehicle modernization, which is an credible public servants. We visited forces are safe, secure and effective.’’ issue I addressed in an amendment ear- with them. These are some of the In the same speech I just quoted from lier in this debate and a critically im- brightest people in the country and the by Secretary Gates, he pointed out: portant one. The Senator has already folks who work with them, many of ‘‘Currently, the United States is the addressed that in a previous amend- whom, almost all of whom are about only declared nuclear power that is ment that was accepted by the pro- ready to retire, those people who actu- neither modernizing its nuclear arsenal ponents of the treaty. That was an im- ally designed and developed the weap- nor has the capability to produce a new portant step forward. ons we now have. There are a lot of nuclear warhead.’’ This particular amendment deals people who devoted their lives to what It is difficult to overstate the dire with the facilities and is also critically very few people know or understand. condition of the U.S. nuclear weapons important. What it will do is require, They are now being asked to do a very complex. Its physical infrastructure is in the 1251 report, that the President, difficult and complicated job in very crumbling and its intellectual edifice is when he submits his 10-year plan with difficult surroundings. aging. The Strategic Posture Commis- budget estimates for modernization of Part of what we are asking for—it is sion, chaired by William Perry and the U.S. nuclear complex, that he also not just a matter of convenience, as James Schlesinger, found that certain presents an accelerated design and en- Senator ALEXANDER said, it is a matter facilities of the nuclear weapons com- gineering plan for the nuclear facilities of absolute necessity that these facili- plex are ‘‘genuinely decrepit’’ and the and a commitment to funding those. ties be capable of dealing with these complex’s ‘‘intellectual infrastructure So this amendment, such as the one complex weapons. That is why they are . . . is in serious trouble.’’ that would call for modernization of expensive, but they are absolutely I met with experts throughout the the delivery vehicles, is a critical part needed. I thank both my colleagues for Senate’s consideration of New START, of the nuclear complex we have, of having devoted a lot of their own time and they confirm for me the accuracy making sure it is reliable, that it and attention to this issue and in sup- of these descriptions. I might say to works, and that it is ready and pre- porting the efforts of modernization so the Presiding Officer, whose State is pared for whatever challenge may face we can get this job done properly. I ap- home to Los Alamos and Sandia Na- us in the future. As I said earlier, there preciate their remarks. tional Laboratories, we were able to are many of the experts, and you talk I also would like to proffer a unani- visit those along with Senator KYL, the to the Lab Directors themselves, who mous consent request. I ask unanimous Senator from Tennessee and others, recognize the importance of making consent to yield 1 hour of the time al- and had an opportunity to observe the investments that need to be made located to the Republican leader some of the facilities and buildings in this if we are going to keep that nu- postcloture to Senator KYL. which are referenced in this amend- clear arsenal ready. The ACTING PRESIDENT pro tem- ment. It is absolutely clear, beyond the I wish to read one other quote again. pore. Is there objection? Without objec- shadow of a doubt, that we have to Deputy Administrator D’Agostino said: tion, it is so ordered. make the necessary upgrades and im- Our plans for investment in and mod- Mr. KYL. I thank my colleagues. provements if we intend to keep our ernization of the modern security enterprise The ACTING PRESIDENT pro tem- nuclear arsenal modern and prepared are essential, irrespective of whether or not pore. The Senator from South Dakota to deal with the threats we might face the START treaty is ratified. is recognized. in the future. I suspect before all is said and done, Mr. THUNE. Mr. President, I do want The idea that the modernization of the START treaty will be ratified. But to rise in support of the Kyl amend- the U.S. nuclear complex and delivery in any event, this process needed to be ment No. 4892 and echo the sentiments force is an absolute prerequisite for nu- undertaken irrespective of whether expressed by my colleague from Ten- clear reductions envisioned in New there is a treaty because it is that im- nessee about the good work of the Sen- START has been clear to the Obama portant to the future of our country ator from Arizona. He has been a tire- administration throughout the New and our national security. less advocate for modernization. It is START process. In fact, in December of Again, if I might point out, very something that needed to happen, irre- 2009, 41 Senators wrote to the President briefly, what this amendment does, the spective of whether there was a treaty, and said in that letter: resolution of ratification must clearly but it certainly became a condition in Funding for such a modernization program call for a condition that the President order to have a treaty. If you are talk- beginning in earnest in your 2011 budget is will provide an annual update to the ing about reducing the number of your needed as the United States considers the section 1251 report in that as a condi- nuclear weapons, you certainly want to further nuclear weapons reductions proposed tion the President will certify prior to improve the quality of the ones you in the START follow-on negotiations. entry into force of the treaty that he have. Just to be clear, what is moderniza- intends to accelerate the design and Unlike other nuclear powers, the tion? This includes improvements to engineering phase of the chemical fa- United States has not had an active the physical elements of the nuclear cility and the uranium processing fa- modernization program for our nuclear weapons complex. It involves the war- cility, request full funding for both of deterrent. heads and delivery vehicles themselves those facilities upon completion of the We have heard from people who rec- as well as facility infrastructure. Mod- design and engineering phase of the ognize the importance of modernizing ernization also requires maintenance of plan, and an understanding that failure our nuclear deterrent. I will not reit- the intellectual capacity and capabili- to fund the modernization plan would

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.022 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10944 CONGRESSIONAL RECORD — SENATE December 22, 2010 constitute a basis for withdrawal from rent within the limit of 1,550 deployed years to build. That is a reality. That the START treaty. strategic warheads established by the is how complex and challenging the This is, again, a fairly straight- New START treaty, with adequate con- task is. forward amendment. The Senator from fidence and acceptable risk.’’ The early cost and design estimates Arizona has done, as has already been That is also why Tom D’Agostino, are that the uranium facility is going noted, a superb job of putting on the the head of the National Nuclear Secu- to cost somewhere between $4 billion radar screen of all Members of the Sen- rity Administration, could say a few and $6 billion, and the plutonium facil- ate the essential and critical nature of days ago, ‘‘Having been appointed to ity is going to cost about the same. So getting this issue of modernization ad- my position by President George W. we all remember the old saying around dressed. He deserves great credit for Bush, and reappointed by President here, we have got a lot of Senators who doing that. I appreciate the work of the Barack Obama, I can say with cer- are talking about waste in the process Senator from Massachusetts in cooper- tainty that our nuclear infrastructure of governance. The last thing we want ating with him in this treaty process has never received the level of support to do in this budget, in my judgment, to have these amendments and this that we have today.’’ is create an environment of haste that language accepted because it is essen- Given all that has happened in the does not measure properly what we are tial. past year, all that has been certified doing. We ought to listen to the ex- I think it will make not only this and pledged, and all that we know the perts on this a little bit, the people treaty stronger, but it will also make administration absolutely plans to do, who are doing the design and the engi- the nuclear complex that much strong- it is hard to understand why anyone neering, who tell us it is no simple er. And that, of course, is absolutely has a question about the nuclear stock- matter in the world of nuclear weapons essential when it comes to America’s pile provision at this point in time. production. It involves hundreds of sci- national security interests. This particular amendment, unneces- entists and engineers working on every So I support the amendment of the sary therefore in the light of what I single aspect of the plant, in order to Senator from Arizona. I hope it will be have just said, does not present funda- make sure it is going to work, that it accepted and adopted in the resolution mental problems in terms of the words is going to be secure, and it is going to of ratification, and that before this ‘‘to the extent possible we should ac- be as safe as humanly possible. treaty is adopted this essential issue celerate.’’ That is exactly what they You cannot just throw money at an will be not only addressed, as it is in are doing. They are accelerating, to the ongoing design and engineering effort the underlying treaty, but addressed— extent possible. and then automatically expect it can that language even strengthened and But paragraph B presents a number accelerate beyond an already signifi- made more durable by these amend- of different issues. Most importantly, cant increase. We have gone up $15 bil- ments. the amendment itself requires that the lion. If you hire a whole bunch of engi- I yield the floor. treaty not go into force until all of the neers who are new to the project, they The PRESIDING OFFICER (Mr. these additional certifications are do not know what they are doing yet. CASEY.) The Senator from New Mexico. made. The administration has made it That is a recipe for both inefficiency Mr. UDALL of New Mexico. Mr. crystal clear that it is committed to and possibly even the increase of de- President, I yield my hour of funding these facilities. If you read the sign risks or other kinds of issues. postcloture time to Senator KERRY. update section of the 1251 report that The truth is, if you cram all of these The PRESIDING OFFICER. The Sen- the administration provided, at Sen- billions into a very short fiscal period, ator has that right. The Senator from ator KYL’s request, and they provided in addition to that, as this amendment Massachusetts. that in November, here is what they seeks to try to force, you could unnec- Mr. KERRY. Mr. President, I thank say: The administration is committed essarily create competition within the Senator from New Mexico very to fully fund the construction of the other nuclear weapons activities, such much. I do not intend to use that much uranium processing facility and the as the ongoing warhead life extension time, but we will see what develops chemistry-metallurgy research re- programs, and our critical warhead here. placement, and is doing so in a manner surveillance efforts. Let me speak quickly to this amend- that does not redirect funding from the ment. I want to begin by saying every- core mission of managing the stockpile The bottom line here is there is a one in this Senate is respectful of how and sustaining the science, technology, place and a way to do this. We have an hard the Senator from Arizona has and engineering foundation. authorizing committee. The Armed worked to bring attention, appropriate So before we come to this moment, Services Committee is the committee attention, to the effort to keep up our Senators were concerned about wheth- that ought to be doing this, not some nuclear deterrent. He has pushed to er the administration was committed amendment that comes in attached to correct what this administration saw to the facilities. Then the administra- the treaty, and linking the treaty as too many years of neglect for the tion made it very clear they are com- going into force to all of these other work of the nuclear weapons complex. I mitted. The President made that com- things being certified. am glad to say this administration has mitment as clear as could be in 1251. I think the Appropriations Com- not only heard him, but many other Now the concern is, they are not build- mittee, as well as the Armed Services Members of the Senate, from both sides ing the facilities fast enough. Committee, would powerfully endorse of the aisle, have joined in this effort Well, that runs completely contrary that notion here on the floor at this to call attention to the modernization to what the people designing it think is point in time. We can compel the needs of our nuclear deterrent. happening and want to do. And, inci- President to ask for upfront funding. The administration has appropriately dentally, if you put additional funding But that does not guarantee that the pushed hard for an unprecedented level into hiring additional people, by the President is necessarily going to re- of funding for this work. In these dif- time you find them and get them, and ceive it. And this links it to the notion ficult budgetary times, I do not think they are qualified and they come, they he can certify that he has. anybody here would argue that moving are going to be finished with the job of So I agree with my colleague, the a 10-year budget from $70 billion to the additional design and early con- last administration took way too long over $85 billion, which they have done, struction planning. to focus on this issue, and Senator KYL what President Obama has done, shows If this were a post office we were try- has done an important service to the an extraordinary commitment to this ing to think about building, maybe you Senate, to the country, and to this enterprise by this administration. could be a little more sanguine about process, to help to focus on it. But it That is why the three directors of the saying, go ahead and accelerate it. But makes no sense to use a resolution on nuclear laboratories told Senator we are talking about multibillion-dol- a treaty to lock the President into LUGAR and me, ‘‘The proposed budgets lar, complicated facilities that require doing something he cannot necessarily provide adequate support to sustain very significant, sensitive, difficult do because of the Congress and other the safety, security, reliability and ef- substances management. They are things that are tied to it. fectiveness of America’s nuclear deter- going to take a certain number of I reserve the balance of my time.

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.023 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10945 The ACTING PRESIDENT pro tem- incredible deficit. We have got bipar- tic. We have an obligation to support a pore. The Senator from Tennessee is tisan concern about that deficit. We strong national defense. recognized. had two Democratic Senators and First, a world without New START is Mr. ALEXANDER. I ask unanimous three Republican Senators support the one in which more nuclear missiles are consent to have 4 or 5 minutes. debt commission. pointed at Americans. This treaty re- The ACTING PRESIDENT pro tem- I would suggest to my friend from duces that number. pore. Without objection, it is so or- Massachusetts it is not possible that A world without a New START ac- dered. you have modified the Kyl amendment cord is one in which we have no nuclear Mr. ALEXANDER. I listened to Sen- to the extent it ought to be accepted, inspectors on the ground in Russia. ator KERRY’s remarks just now. This is so that the President can get a signal These inspectors have more than a dec- an excellent discussion. Not only do I from the Senate that if he thinks he ade of experience inspecting Russian applaud Senator KYL for resurrecting can do this, to the extent possible, that nuclear sites. They were involved in the whole focus on nuclear moderniza- accelerating the building of these big the negotiation process to ensure that tion, I applaud the President for the facilities by 2 or 3 years, if it would there are strong inspection provisions updated report that was received on save $400, $500, $600 million, that we in the treaty. But without New November 17. A lot of work was done. want to encourage him to do that. START, these inspectors would not be This is a lot of money to say we want That is my only thought. able to return to work. Furthermore, to make sure these nuclear weapons I yield the floor. without onsite inspections, our intel- work and we are going to spend $85 bil- The ACTING PRESIDENT pro tem- ligence services will still be required to lion over 10 years. pore. The Senator from Massachusetts. collect information on Russia’s nuclear weapons infrastructure. The intent of Senator KYL’s amend- Mr. KERRY. Mr. President, I thank On December 20 of this year, ADM ment, though, is not to tie the Presi- the Senator very much for his partici- Mike Mullen, Chairman of the Joint dent’s hands, it is to give him more op- pation and contribution to this effort. I Chiefs of Staff, wrote to the Senate: tions. I think it is to encourage this am trying to work to see if—as I have An extended delay in ratification may big, slow-moving government not to said, there are certain components of eventually force an inordinate and unwise waste the money but to save money. this that make it difficult to accept, shift in scarce resources from other high pri- The language says: The President shall that multiyear piece and so forth. ority requirements to maintain adequate certify to the Senate the President in- But the notion of reaffirming the awareness of Russian nuclear forces. tends to accelerate, to the extent pos- commitment the President has made is In a world without New START, our sible, the design and engineering phase. not difficult to make. From our judg- intelligence capabilities will be At the Oak Ridge facilities, which ment, the President has really ad- stretched, which could give the en- Senator KYL visited, he was told that dressed this as significantly as one can emies of our troops on the ground an the savings annually to taxpayers of by putting the $85 billion there, by advantage. We cannot allow that to having the new facility versus the old making it clear they are moving for- happen. facility are in excess of $200 million. So ward, they are going to fully fund it, These are just some of the direct ef- every year we do it, every year this is and by helping the Appropriations fects. What about some of the indirect completed, the taxpayers save $200 mil- Committee members to provide the let- effects of a world without New START? lion. So if the President and the Appro- ter which speaks to their good faith The cascade effect on U.S. national se- priations Committee should decide going forward. All of those steps have curity interests without New START is that a 2-year or 3-year advanced fund- taken place. substantial. ing will save $200 million a year at a We just don’t want to get into a situ- A world without New START is one time when we are all dedicated to try- ation where we are creating another in which the Russians are less likely to ing to save money, we should do that. hurdle to get over before the treaty provide land and air access to supply You might say, well, why do we need goes into effect. If we could find a way U.S. troops in Afghanistan. The North- to say this in the Senate? The answer as a declaration or some way to re- ern Distribution Network is a crucial is, we have never done it before. And frame this condition—I am working supply route for our troops in Afghani- the U.S. Government, if you have never with the administration to see if we stan. This means that just as we have done it before, takes a little nudge to can do that—we would be happy to try reached full troop strength in Afghani- pay attention to it. to restate it. stan, supply lines would become in- So Senator KYL has made an amend- Mr. ALEXANDER. I thank the Sen- creasingly strained. Today, supply ment, and if I understand it correctly, ator. No one is doubting the Presi- routes through Pakistan are increasingly dangerous. Just the other day, Senator KERRY amended the amend- dent’s commitment. He has made an two fuel tankers meant to supply our ment a little bit to make it softer, to extraordinary commitment. I con- troops were attacked and the drivers say, the President intends to accel- gratulate him for that. It is just the were killed in Pakistan. This is one of erate, to the extent possible. So this is suggestion of doing it a little dif- the reasons the leadership of our uni- suggesting to the Department of En- ferently, if the President thinks it is formed military want New START ergy, which has never done it this way practical, because it might save $200 ratified. before, that we think it is a good idea, million a year, year after year after A world without New START is one if it is practical, and if it saves money. year. A suggestion from us like that in which there is more Russian fissile There is also the matter of getting it could make the difference in those sav- material in existence, material which done on time. Senator KYL talked ings. I thank the Senator for working could be stolen for use in a terrorist at- about that, the dates we talked about in that spirit. tack. in the executive session. So I would The ACTING PRESIDENT pro tem- There are many reasons top U.S. argue to my colleagues that the Kyl pore. The Senator from Pennsylvania. counterterrorism officials in the Inter- amendment is respectful of the Presi- Mr. CASEY. I ask unanimous consent national Atomic Energy Agency want dent’s prerogatives, which he ought to to speak for up to 15 minutes. New START ratified. have. He is the manager of the govern- The ACTING PRESIDENT pro tem- A world without New START is one ment. He is the Commander in Chief. pore. Without objection, it is so or- in which Russia’s Government is per- But it says: If we can think of a way to dered. haps less likely to help stop Iran’s nu- do this in a way that saves $200 million Mr. CASEY. Mr. President, as we clear weapons program. A world with- a year, year after year after year, why continue to work through the amend- out New START is one in which Iran should we not do it? ments, I rise to outline what is at perhaps is given access to Russian S– I will bet during the next session of stake in the debate and describe what 300 missiles, a weapon capable of reach- Congress, if we do our job properly in the world would be like without the ing the State of Israel. This is one rea- this body, we are going to be com- New START treaty accord. son the Anti-Defamation League, B’nai peting with each other to find ways to Every Senator here took an oath to B’rith, the American Jewish Com- save $10 million a year, $20 million a support and defend the Constitution mittee, and other prominent pro-Israel year, $100 million a year, because of the against all enemies foreign and domes- groups want New START ratified.

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.026 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10946 CONGRESSIONAL RECORD — SENATE December 22, 2010 In a world without New START, and take the burden off of our intel- of State, five former Secretaries of De- there is no way the Russians will agree ligence agencies. fense, three former National Security to decrease their tactical nuclear A world with New START means a Advisers, seven former commanders of weapons. Our friends in Eastern Europe more constructive relationship with the U.S. Strategic Command, the en- and those across the continent will be Russia, which is good for our troops in tire Joint Chiefs of Staff, our intel- less secure in the knowledge that Afghanistan and bad for the regime in ligence services, the President, and threats to their security are not dimin- Iran. three former Presidents. ishing but could, in fact, be growing. A world with New START means the The American people have a right to That is the reason 25 European Foreign beginning of a conversation with the expect ratification of New START. Ministers want this treaty ratified. Russians on tactical nuclear weapons. They want New START and will hold A world without New START is one A world with New START is one in us accountable if we do not ratify it. in which the 1970 Nuclear Non-Pro- which there is less fissile material for Let’s vote for New START’s resolution liferation Treaty, the so-called NPT, terrorists to steal or buy on the black of ratification and cast a strong bipar- the cornerstone of preventing nuclear market. tisan vote in favor of our national se- weapons states, is severely threatened. A world with New START means in- curity. What does this mean in practical creased cooperation with countries I close with commendations for both terms? The New START accord is a combating nuclear terrorism. The most our chairman, Senator KERRY, and clear demonstration that the United serious threat to U.S. national security Ranking Member LUGAR and so many States is upholding our obligations is the threat of nuclear weapons in the others who have worked so hard to under the NPT, which in turn can help hands of terrorists. In 1961, at the make sure we can ratify this treaty. secure support from other countries for United Nations, President John F. Ken- I yield the floor. a strong arms control regime and as- nedy said: The ACTING PRESIDENT pro tem- sistance on other nonproliferation Every man, woman and child lives under a pore. The Senator from Texas is recog- issues. Many countries see nuclear ter- nuclear sword of Damocles, hanging by the nized. rorism as a problem for the United slenderest of threads, capable of being cut at Mr. CORNYN. Mr. President, may I States and for the West. In a world any moment by accident or miscalculation inquire, is there any time limitation on without New START, these countries or by madness. Senators at this point? would seriously question our commit- Some have observed that in this post- The ACTING PRESIDENT pro tem- ment to the NPT. These countries 9/11 era of increased terrorism, we may pore. The Senate is operating would question that right away. be more vulnerable to a nuclear attack postcloture, and each Senator has up Without New START, government of- than we were during the Cold War. to 1 hour. ficials around the world will question Today, the sword of Damocles still Mr. CORNYN. I thank the Chair. I as- the U.S. commitment to nonprolifera- hangs by the slenderest of threads, but sure my colleagues, I will not use the tion itself. They will ask: If the United we have the ability to prevent this full hour, which I am sure is good news. States is not seriously committed to threat by minimizing access terrorists Mr. President, I oppose the ratifica- arms control and nonproliferation, why would have to nuclear material. tion of the New START treaty for the should we be? President Obama’s nuclear security reasons many of my colleagues have A world without New START con- summit earlier this year was a historic articulated and to which I have pre- tains many hard realities for the event. It helped create a foundation viously spoken. The treaty requires United States. Ratification of this upon which other countries will take unilateral reductions of the United treaty is not a political victory for one up the challenge of nuclear security States on strategic nuclear weapons. It party or another; it is a national secu- and cooperate with the United States fails to address tactical nuclear weap- rity victory for our great Nation, for to accomplish the President’s goal of ons—an area in which the Russian Fed- our nuclear security—from nuclear se- securing all fissile material in 4 years. eration has a 10-to-1 advantage. This is curity, to the security of our troops in We cannot do this alone. In order to not an idle or incidental matter. Afghanistan, to the security of our ally confront this most serious threat to GEN Nikolai Patrusheb, Secretary of Israel. U.S. national security, we need to build the Russian National Security Council, A world without New START is one stronger ties with our allies around the a body in charge of military doctrine, in which the enemies of America will world, and part of building that trust is has declared that Russia may not only breathe a little easier. Strained U.S. rebuilding our own credibility on non- use nuclear weapons preemptively in supply lines make life easier for the proliferation issues. This New START local conflicts such as Georgia or Taliban. Fewer available intelligence agreement is a very positive step in Chechnya but may deliver a nuclear capabilities would make life easier for that direction. It is an essential predi- blow against the aggressor in a critical al-Qaida terrorists in Pakistan tribal cate for fulfilling our commitments situation, based on intelligence evalua- areas. A strained U.S.-Russian rela- under the nonproliferation treaty—a tions of his intentions. tionship makes life easier for the gov- key marker for many potential allies I submit also that the verification ernment of the regime in Iran. on a range of nuclear security issues. provisions of this treaty are weak, al- A world without New START makes Upon ratification of New START, we lowing only 18 inspections a year for an life easier for terrorists trafficking in must make progress on securing fissile arsenal of more than 1,500 weapons. Ob- fissile material to travel across bor- material around the world. viously, the ability to get more than a ders. This is a strong resolution of ratifi- sampling of Russian Federation com- A world without New START means cation. It passed out of the Foreign Re- pliance would be impossible given the no negotiations with the Russians to lations Committee by a bipartisan vote relatively few number of inspections decrease their tactical nuclear weap- of 14 to 4. It includes strong language permitted under the treaty. ons. on missile defense, verification, and As we have discussed off and on over The world I just described isn’t a tactical nuclear weapons. the last few days, the preamble of the world we have to settle for. A world Finally, the American people are treaty itself is ambiguous and has been without New START is not a world we watching. According to a November construed by the Russians themselves have to accept. We must give the 2010 CNN poll, 73 percent of Americans as limiting the ability of the United American people some peace of mind as support ratification of this treaty. States to expand its own missile de- to our national security. That is a They understand the implications of a fense system. world with a New START treaty. We world without the New START agree- I realize the President of the United must ratify this treaty and diminish ment. States has submitted a letter stating the number of nuclear weapons pointed In a hurricane of partisan rancor and his unilateral opinion of what that at the United States today. We must political battles, the national security treaty obligation means, but, of course, deploy nuclear inspectors to Russia, consensus is as strong as an oak tree in treaty obligations are not unilateral thus returning stability and trans- support of the New START agree- declarations, they are bilateral agree- parency to our nuclear relationship, ment—all six living former Secretaries ments. Of course, the consequence of a

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.028 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10947 misunderstanding over this important The Committee has attached special im- lectured; and other of our allies have issue of missile defense could allow ei- portance to Obama’s vision of and work for a been thrown under the bus on missile ther side to withdraw from the treaty world without nuclear weapons. defense, like Poland and the Czech Re- The vision of a world free from nuclear and, indeed, the threat of withdrawal arms has powerfully stimulated disar- public. from the treaty because of this mis- mament and arms control negotiations. He has been so idealistic and naive, understanding is something that could you might say, about the subject of nu- Indeed, in an op-ed piece, authored by be avoided in the first instance if, in clear weapons that President Sarkozy the Secretary of State Hillary Clinton, fact, some of the amendments address- of France remarked about it publicly dated April 7, 2010, in the Guardian, she ing missile defense were allowed and at a meeting of the United Nations Se- argues that the START treaty is an the treaty modified to that extent. At curity Council. He said: important step toward a nuclear-free that time, the Russians could then be We live in the real world, not in a virtual world. asked: Will you agree with this modi- one. . . . So you might ask, what is wrong President Obama himself has said that he fication, and we would know upfront, with a vision of the world without nu- not on the back end, their sincere in- dreams of a world without nuclear weapons. clear weapons? Can’t we hope and Before our very eyes, two countries are tentions. dream? Of course, even without nuclear doing exactly the opposite at this very mo- But I would say that the New START weapons, we know that in World War I ment. treaty has flaws when you look at it, and World War II tens of millions of President Sarkozy said: not only in its various provisions; that people lost their lives in armed con- Since 2005, Iran has violated five Security is, when you reason from the whole to flict. So it is not as if a world without Council Resolutions. . . . its parts, but I would suggest the trea- nuclear weapons is a world without war He said: ty also fails when you look at it the and a world without danger for peace- other way around, when you reason I support America’s ‘‘extended hand.’’ But loving nations such as ours and our al- what have these proposals for dialogue pro- from the parts to the whole, when you lies. duced for the international community? see this treaty is another example, an- We also know that any number of Nothing but more enriched uranium and other symptom, of a foreign policy that foreign policy experts have expressed more centrifuges. sends a message of timidity, even am- serious reservations about indulging in And last but not least, it has resulted in a statement by Iranian leaders calling for wip- bivalence, not only about our own se- this fantasy of a world without nuclear curity but about America’s leadership ing off the map a Member of the United Na- weapons. tions. role in a very dangerous world. George Kennan has said: This larger strategic context is what I fear the New START treaty will The evil of these utopian enthusiasms was serve as another data point in the nar- we need to keep in mind. We all know not only or even primarily the wasted time, that President Obama has set incred- the misplaced emphasis, the encouragement rative of weakness, pursuing diplomacy ibly high expectations for his Presi- of false hopes. The evil lay primarily in the for its own sake—or indulging in a uto- dency in terms of how he would con- fact that those enthusiasms distracted our pian dream of a world without nuclear duct American foreign policy. In an gaze for the real things that were happening. weapons, divorced from hard reality. early Presidential debate, for example, . . .The cultivation of these utopian Last week, I mentioned that Doug he promised to meet with the leaders of schemes, flattering to our own image of our- Feith, formerly of the Defense Depart- five rogue nations—Iran, Syria, Ven- selves, took place at the expense of our feel- ment, helped negotiate the Strategic ing for reality. ezuela, Cuba, and North Korea—‘‘with- Offensive Reductions Treaty, known as out precondition during the first year The President of the United States the SORT treaty. Mr. Feith said that of [his] administration.’’ Well, we now has not only mused about fantastic no- during the negotiations of the SORT know that never happened. tions that have no basis in the real treaty, the Russians were constantly After he won the nomination, you world, he has criticized his own coun- trying to get the United States to ne- will recall, in his famous speech he try on foreign soil so often that some gotiate away our right to defend our- gave in the city of Berlin, while still a called that particular trip ‘‘the world selves from missile attacks through a candidate for the Presidency, he de- apology tour.’’ robust missile defense program. clared he was a ‘‘citizen of the world.’’ So what should our competitors and The Bush administration rightly re- Also, he said: ‘‘This is the moment would-be adversaries make of these jected those Russian demands and—you when we must come together to save statements of a fantasy world that is know what—we got a good treaty any- this planet.’’ nuclear free and a President who trav- way. The Obama administration, on President Obama was not the only els abroad and apologizes for America’s the other hand, gave Russia what it one promoting a grandiose vision of his strength? Regretfully, I can only con- wanted—or what it says it wanted— Presidency. Remember the Nobel Prize clude it sends an impression of weak- among other concessions. But that is Committee received his nomination for ness and a lack of determination to not the only concession that was given the Peace Prize less than 6 weeks after maintain America’s leadership in the under the New START treaty. President Obama took office. In the ci- world. We know there are dangerous I would ask my colleagues, Where are tation for the award last year, they consequences associated with an inter- the concessions that Russia made to us said: pretation by others that America has in this treaty? Where are the conces- lost its resolve to lead the world or to [President] Obama has as President cre- sions that Russia made to us? And ated a new climate in international politics. maintain its own security and to pro- what in the treaty is a good deal for ... tect its allies. the United States? Only very rarely has a person to the same President Reagan said famously: But my colleagues may reply, So extent as Obama captured the world’s atten- We maintain the peace through our what. So what if the Obama adminis- tion and given its people hope for a better fu- strength; weakness only invites aggression. tration’s world view is a little bit ture. Experience has proven the truth of naive. So what if the Russians nego- You might ask, What relevance does those words. tiated a much better deal for them- this have to our consideration of the We should recall that the President selves than the Obama administration START treaty? The relevance is that a of the United States conducted got for the United States. Shouldn’t we big part of this utopian dream of a YouTube diplomacy by recording a go ahead and approve the treaty any- ‘‘new climate in international politics’’ video for Iran’s leaders—but then with- way? What harm could it do? Couldn’t has been the elimination of all nuclear held comment when those same leaders it help build a better relationship with weapons. were brutally crushing a pro-democ- the Russian Federation and help trans- In that Berlin speech, then-Senator racy movement and their own people’s form America’s reputation in the Obama said that one of his priorities hopes for freedom. world? was to ‘‘renew the goal of a world with- The President has treated several of Those are actually good questions. out nuclear weapons.’’ our allies without the respect they de- But the answers are sobering. The ad- The citation for the Nobel Peace serve. Some have been, like Britain, ministration has long argued that its Prize included this observation: slighted; others, like Israel, have been approach to diplomacy was not only

VerDate Mar 15 2010 03:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.030 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10948 CONGRESSIONAL RECORD — SENATE December 22, 2010 good for its own sake, but it would START treaty because I think it would be much smaller and thus strengthen relationships with nations makes us less secure, not more secure, produce much less room for error. all around the world. I would ask you, as a nation. Of course, that has to be Fourth and finally, major but ulti- how has that worked out? the ultimate test. mately inadequate progress on nuclear Charles Krauthammer reviewed the A toughly negotiated, balanced trea- modernization: Now, major progress global response to President Obama’s ty with Russia which allowed for ade- has been made during the ratification diplomatic overtures in this way. He quate and reliable inspections and data debate on the administration’s com- said: exchange could make us more secure. mitment and concrete plans for nuclear Unilateral American concessions and offers But this is not such a treaty. It is clear modernization. I thank everyone who of unconditional engagement have moved to me that President Obama went into has helped produce that, particularly neither Iran nor Russia nor North Korea to negotiations willing to give up almost the leader in that effort, Senator JON accommodate us. anything for a treaty, and that basic KYL, for his work which, again, did Nor have the Arab states—or even the pow- posture produced what it always will— produce real progress. But, ultimately, erless Palestinian Authority—offered so a bad deal for us. much as a gesture of accommodation in re- neither the specificity of the adminis- sponse to heavy and gratuitous American The proponents of the treaty suggest tration’s commitment, including on pressure on Israel. as much when they lay out as their top the nuclear triad issue, nor the pro- Nor have even our Europe allies responded: arguments for ratification: a better re- posed schedule is adequate to our secu- They have anted up essentially nothing in lationship with Russia, the help from rity needs, so I will certainly continue response to our pleas for more assistance in Russia on other issues that ratification fighting to get where we need to be. Afghanistan. could engender, and progress with So, in closing, I urge my colleagues And, of course, we could look at the world opinion. to look hard at this treaty and to ask results of the New START treaty itself. I think it is dangerous to count on the only ultimate question: Does it Russian leaders have responded to any of that or to look at all beyond the make us less secure or more secure? I American concessions with contempt. four corners of the treaty—the pros think clearly for the four major rea- Russian Foreign Minister Sergey and cons of the details and the sub- sons I have outlined, and others, it Lavrov has said that the treaty ‘‘can- stance of the treaty itself. makes us less secure, and we need to do not be opened up and become the sub- When I look within the four corners far better. ject of new negotiations.’’ Prime Min- of the treaty, I am particularly con- Thank you, Mr. President. I yield the ister Putin has threatened a new arms cerned about four cons of the treaty. floor. race if Russia does not get its way with First, serious roadblocks to missile The ACTING PRESIDENT pro tem- this version of the treaty. Russian defense: I think it is a fundamental pore. The Senator from Florida is rec- leaders have the temerity to lecture mistake and a dangerous precedent for ognized. and attempt to intimidate the Senate any treaty on offensive arms to even Mr. NELSON of Florida. Mr. Presi- from discharging our constitutional re- mention missile defense, and Russia dent, I rise in support of the New sponsibilities. We should not succumb. has made it clear that any major START treaty. I wish to make a com- In deciding whether to vote for the progress on U.S. missile defense will ment. I was raised in a time that when treaty, I would respectfully ask wheth- cause them to leave the treaty. Par- the President of the United States er some Senators have been asking ticularly with President Obama in of- went abroad, he spoke for our country themselves the wrong question. Instead fice, this creates real political obsta- and there was no partisanship when of asking ourselves the question, Why cles to the full missile defense I sup- that occurred. not ratify? What is the harm? I would port and the American people support It is troubling to this Senator to hear suggest that the better question is, in great numbers. Indeed, President comments about our President when he Why should we? I would urge my col- Obama has already abandoned our mis- goes abroad in an apology tour. I would leagues to vote against this treaty not sile defense sites in Eastern Europe to beg to differ, and I think we ought to because I do not care about the mes- help produce an agreement on this rise above that partisanship when sage it will send to Russia and other treaty by the Russians. issues of national security are at stake. nations but because I do care about Second, fundamentally imbalanced Now to the treaty. This agreement that message, and it is time we stop arms reductions: In this treaty, we re- with Russia is going to strengthen our sending a message of weakness that duce our nuclear arms significantly; national security. Look at all the peo- only encourages our adversaries. Russia stays where they already are. ple in the Pentagon who have embraced I urge my colleagues to vote no on Meanwhile, we still aren’t getting to it—the former Secretaries of State, the this treaty, to require the administra- the issue of tactical weapons, a cat- former Secretaries of Defense, from tion to go back to the negotiating egory where Russia has a huge 10-to-1 both sides of the political aisle, and it table with the Russians, to get a better advantage. We have talked about that deserves our support too. I expect deal for the United States, and to make for decades, and we still aren’t getting today we are going to get an over- clear that the era of unilateral Amer- there. Clearly, when the United States whelming bipartisan vote in favor of ican concessions is over. has leverage to commit Russia to re- this treaty. Mr. President, I yield the floor. duce their tactical nuclear weapons as I wish to specifically address the Mr. VITTER addressed the Chair. we do right now before this treaty, and question that has been raised about Mr. KERRY. Mr. President, I would those nuclear weapons are the most modernization of our nuclear stock- simply ask to get a sense of how long vulnerable to end up in terrorists’ pile—an issue I had the privilege, as the Senator thinks he might speak. We hands, we must use that leverage and chairman of the Strategic Sub- might line up the next speaker. not throw it away for U.S. and global committee of the Armed Services Com- Mr. VITTER. Five minutes. security. Instead, proponents of this mittee, to be engaged in over a 4-year Mr. KERRY. Mr. President, I ask treaty argue that a further treaty ad- period. Arguments have been made unanimous consent that when the Sen- dressing tactical nuclear weapons in that somehow this treaty is going to ator from Louisiana is finished, the the future will materialize, but the le- interfere with the modernization of our Senator from Florida, Mr. NELSON, be verage we have to get there is being nuclear weapons infrastructure. Well, recognized for 5 minutes. given up, essentially, with this treaty. it is exactly the opposite. Ratification The ACTING PRESIDENT pro tem- Third, inability to verify: This treaty of this treaty is so important to give pore. Is there objection? does not give us the inspections and security and stability to the question Without objection, it is so ordered. data we need to verify Russian compli- of the use of those nuclear weapons Mr. KERRY. I thank my colleague. ance, and we know Russia has cheated that it will allow us to spend the need- The ACTING PRESIDENT pro tem- on every previous arms control treaty ed resources on the modernization of pore. The Senator from Louisiana is with us. Verification is clearly less our nuclear complex, which is an equal- recognized. under New START than in START I, ly important matter. Mr. VITTER. Mr. President, I too am but it now needs to be greater because As part of this year’s Nuclear Pos- opposing the ratification of this New the nuclear deterrent under this treaty ture Review, the administration has

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.031 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10949 made a commitment to modernize our The ACTING PRESIDENT pro tem- earlier this year, the administration nuclear weapons arsenal and the com- pore. Without objection, it is so or- submitted its force structure plan. The plex. We must do so to maintain a cred- dered. President’s 1251 force structure plan ible nuclear deterrent because as these The Senator from Massachusetts. provides up to 420 ICBMs, 14 sub- weapons in stockpile age, we have to Mr. KERRY. Mr. President, we are marines carrying up to 240 submarine- update them and we have to modernize awaiting the Senator from Arizona launched ballistic missiles or SLBMs, them so they are effective, secure, but who, I know, is working on a couple of and up to 60 nuclear-capable heavy also safe. We need to be sure our nu- things right now. We need to clear a bombers. clear weapons are going to work as de- couple of things with the Senator, and We are being asked to ratify this signed and that they will remain stable we are working on the possibility of ac- treaty without knowing what our force and secure. cepting his amendment. We just need structure will actually be. We are being In the past, when we maintained a to tie up those loose ends. told: Pass the treaty, and then we will larger and more expensive nuclear So I think the Senator from Wyo- tell you what the force structure will stockpile, our weapons were developed ming may have had a request he want- actually look like. and tested frequently. That is very ex- ed to make. We can do that now, and The 2001 Nuclear Posture Review laid pensive. By the mid-1990s, we had de- then we will see where we are. out our force structure in plain view, veloped sophisticated computer models I yield the floor. while the 2010 Nuclear Posture Review The ACTING PRESIDENT pro tem- that can identify and resolve the prob- is silent on the force structure. pore. The Senator from Wyoming. This report also laid out the adminis- lems without the nuclear testing. Un- Mr. BARRASSO. Mr. President, I rise tration’s plan to modernize and main- fortunately, because of lessened fund- today to speak on the importance of tain our nuclear delivery vehicles. ing back in the era of about 2006 that Minutemen III intercontinental bal- With respect to the next generation research diminished, resulting in the listic missiles, known as ICBMs, and an of ICBMs, the update states: layoffs of a lot of the people in our Na- amendment I intend to offer. The ICBM While a decision on an ICBM follow-on is tional Labs. I have had the privilege of is just one leg of our nuclear triad. The not needed for several years, preparatory visiting those three National Labs. nuclear triad spans sea, air, and land. analysis is needed and is in fact now under- There is an incredible array of talent, way. This work will consider a range of de- It relies on mobile bombers, hard-to- ployment options, with the objective of de- but that is what happened back in 2006. detect ballistic missile submarines, I think we have, especially in this ad- fining a cost-effective approach for an ICBM and ICBMs. They all work together to ministration, a new resolve to turning follow-on that supports continued reductions complicate and deter any attempt at a in U.S. nuclear weapons while promoting the situation around and to modern- successful first strike on our country. stable deterrence. izing the nuclear complex. So what Like a stool, if you shorten just one leg The amendment I plan to offer has no does this modernization entail? The too much, the stool will become unsta- impact on the treaty. It simply re- comprehensive plan includes an $85 bil- ble. quires the President to certify that fur- lion investment over the next decade Our nuclear triad is not just a weap- ther reductions in our land-based stra- and a $4 billion increase over the next ons system, it is a deterrent. The fur- tegic nuclear deterrent will not be con- 5 years, and that investment is going ther we weaken our nuclear forces, the sidered when reviewing the options for to accomplish several things. It is less of a deterrent our triad will be- a follow-on ICBM. This is something I going to fund the construction of the come. have worked on with Senator CONRAD. 21st century uranium and plutonium Those folks who believe in nuclear He has a second-degree amendment to processing facilities, it is going to spur zero and arms control seek a world mine, and it is something we both sup- a reinvestment in the scientists and without nuclear weapons at any export. engineers who perform the mission, pense—in my opinion, never at the ex- LTG Frank Klotz, the new com- and it is going to enhance the lifetime pense of our national security. The fact mander of Global Strike Command, extension program for our nuclear is, for over 50 years our ICBM force has was quoted last year at the Air Force weapons. By the way, it is not only just deterred a nuclear attack against the Air and Space Conference and Tech- extending the life of those weapons, it United States and our allies. nology Exposition here in Washington, is also making them safer. Some arms control supporters claim DC, as saying: Some Senators have expressed con- our ICBMs are on ‘‘hair-trigger alert.’’ Continuously on alert and deployed in 450 cerns about the level of funding for this They believe an ICBM can be launched widely dispersed locations, the size and char- modernization. I believe our President by simply pushing a button. This mis- acteristics of the overall Minuteman III force presents any potential adversary with and this administration have ade- leading claim that an unauthorized quately addressed those concerns, and I an almost insurmountable challenge should launch can destroy the world in a mathe contemplate attacking the United States. would note that the Directors of the ter of minutes could not be further Because he cannot disarm the ICBM force three labs—Los Alamos, Lawrence from the truth. without nearly exhausting his own forces in Livermore, and Sandia—all believe the GEN Kevin Chilton, the outgoing the process, and at the same time, leaving administration’s current plan will commander of STRATCOM, once de- himself vulnerable to our sea-launched bal- allow them to execute their require- scribed our nuclear posture as: listic missiles and bombers, he has no incen- ments for ensuring a safe, secure, reli- tive to strike in the first place. In this case, The weapon is in the holster . . . the hol- numbers do matter . . . and the ICBM thus able, and effective stockpile. ster has two combination locks on it, it contributes immeasurably to both deter- While we move forward with that takes two people to open those locks, and rence and stability in a crisis. modernization program, we should also they can’t do it without authenticated orders from the President of the United States. The force structure of our nuclear move forward—it is a separate issue— triad is critical to maintaining an ef- with the treaty. Passing this treaty is The Minuteman III ICBM force is the fective deterrent. going to safeguard our national secu- most stabilizing leg of the nuclear In 2008, Secretary Gates coauthored a rity while demonstrating to the men triad. white paper titled ‘‘National Security and women of our nuclear complex that ICBMs are strategically located and and Nuclear Weapons in the 21st Cen- we have reached a national consensus broadly dispersed in order to prevent tury.’’ This paper argued for a strong on nuclear sustainability. them from successfully being attacked. nuclear deterrent. The forward stated: Mr. NELSON of Florida. Mr. Presi- The ICBMs protect the survivability of We believe the logic presented here pro- dent, I yield the floor. other legs of the triad as a deterrent. vides a sound basis on which this and future The ACTING PRESIDENT pro tem- They offer an umbrella of protection to administrations can consider further adjust- pore. The Senator from Tennessee. our most-valued allies. ICBMs also rep- ments to U.S. nuclear weapons policy, strat- Mr. CORKER. Mr. President, I ask resent the most cost-effective delivery egy, and force structure. unanimous consent that cosponsors be systems the United States processes. The white paper by Secretary Gates added to Corker amendment No. 4904, Unlike a bomber, ICBMs ensure a sec- recommended a U.S. strategic nuclear as modified, as follows: Senator ond attack capability. force baseline that includes 450 Minute- LIEBERMAN, Senator BROWN of Massa- As required by section 1251 of the 2010 man III ICBMs, 14 Ohio class sub- chusetts, and Senator MURKOWSKI. National Defense Authorization Act, marines, and 76 bombers, 20 B–2 and 26

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.034 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10950 CONGRESSIONAL RECORD — SENATE December 22, 2010 B–52 bombers, for a total of 862. The ad- Mr. KERRY. Mr. President, I ask thoughtful, and very detailed in her ef- ministration cannot explain how the unanimous consent that the order for forts to answer the questions of Sen- threat environment has changed since the quorum call be rescinded. ators and be precise about this negotia- the 2008 recommendation to maintain The ACTING PRESIDENT pro tem- tion. She led a tremendous team and 862 delivery vehicles. They cannot ex- pore. Without objection, it is so or- worked very closely with Assistant plain what has changed to allow our dered. Secretary of State for Legislative Af- nuclear deterrent to be reduced to 700 Mr. KERRY. Mr. President, knowing fairs Rich Verma, who likewise helped delivery vehicles. that we are getting to that moment at coordinate and pull people together to It sounds to me as if this administra- which point we are going to have an deal with the issues we faced. Dave tion has been a little too eager in nego- understanding of how we are pro- Turk, Terri Lodge, Paul Dean, and tiating the treaty. ceeding forward and knowing that be- Marcie Ries have all been key members James Woolsey, in a recent Wall cause of the 30-hour limitation, no of that team, and we thank them for Street Journal article, described his matter what, we are getting toward the their amazing commitment of hours experiences negotiating with the Rus- end, rather than chew up time for Sen- and the dedication they have shown to sians. He said: ators later on, I thought I would take the effort to try to get us to where we The Soviets taught me that, when dealing a moment now to say thank you to a are today, to this final vote. with Russian counterparts, don’t appear few folks involved in this process. Be- Likewise, at the Pentagon, Deputy eager—friendly, yes, eager, never. fore I do that, I also will reserve some Under Secretary of Defense Jim Miller; I think Mr. Woolsey would know; he time, as I will for Senator KYL and the chief Defense Department rep- was involved in the SALT I treaty in Senator LUGAR—and this, I assume, resentative on the negotiating team, 1970 and many more arms control will be part of the agreement we are Ted Warner; Marcell Lettre; Eric agreements with the Russians before going to reach—to speak to the sub- Pierce; Michael Elliott; and Chris he took over as the Director of Central stance of the treaty at the appropriate Comeau—all of them, together with the Intelligence. time before we vote. State Department, provided the kind of I ask unanimous consent to call up It has been an incredible team effort linkage we needed and the consistent amendment No. 4880, a Barrasso-Enzi by an awful lot of people over the effort to answer questions and deal amendment, and then a second-degree course of a lot of months. I wish to with their principals in order to get the by Senator CONRAD. thank all of them for their involve- The ACTING PRESIDENT pro tem- information necessary for Senators to ment. pore. Is there objection? be able to make good judgments. Senator LUGAR has been an unbeliev- Mr. KERRY. Mr. President, as the At the Energy Department, Tom able partner and a visionary with re- Senator knows, we had a discussion D’Agostino and Kurt Siemon were also spect to these issues but, importantly, about this, and I am constrained to ob- constantly available. just a very steady, wise, and thought- At the White House, I thank Pete ject. I think he understands why. I wel- ful collaborator in the effort to get the Rouse, chief of staff, and Tom Donilon, come further debate if he would like, treaty to where we are today. It hasn’t the National Security Adviser, and I but I must object. The ACTING PRESIDENT pro tem- always been easy for him because there especially thank Brian McKeon, Vice pore. Objection is heard. were times when he was a lonely voice President BIDEN’s National Security Mr. BARRASSO. Thank you, Mr. with respect to those who were pre- Deputy, who has just done an extraor- President. pared to support this treaty. I wish to dinary job of helping to provide the I yield the floor. pay tribute to his statesmanship and bridge between various agencies, as Mr. KERRY. Mr. President, I thank his personal courage in steadily hang- well as strategy, and has been consist- the Senator for the issue, as it is im- ing in there with us. ently available to us. Louisa Terrell portant. I understand its importance to I thank President Obama for his de- and Jon Wolfsthal have been part of the part of the country where those termination to make certain that this that team. We are very grateful to all particular weapons are housed today. I was the priority that he felt it was and of them. am confident—and I know this—that that I think it is. He and so many folks On the Foreign Relations Committee, the administration, because we have in the administration have been helpful it has been a great team effort with talked about it, has a plan that I think in this effort. Senator LUGAR. The chief of staff of will meet with the consent and ap- I will reserve some comments later the Foreign Relations Committee, proval of the Senators’ concern, but more specifically, but I think the Vice Frank Lowenstein, has worked count- they need to go through the further President has been, at the President’s less hours on this treaty, together with evaluation and analysis of all of these request, an invaluable collaborator in Doug Frantz, Ed Levine, and Anthony decisions. Decisions have not yet been this effort. He has talked to any num- Wier. These two gentlemen, Ed Levine made, and it would be inappropriate at ber of colleagues, made any number of and Anthony Wier, are unbelievable this time to constrain the latitude phone calls, been involved in any num- veterans of this kind of effort. They they need in order to be able to make ber of strategic choices here, and I am worked with Senator BIDEN for years. I those judgments. It is an important deeply grateful to him for taking his am delighted they were willing to stay issue, but I think it is inappropriate for prior stewardship of this committee over and continue with the committee. us to constrain them and particularly and being as thoughtful as he has been In the case of Ed Levine, he lost his to do so in the context of the treaty in the way he has approached this par- dad during the course of this debate a itself. ticular treaty. few days ago and, nevertheless, hung in Mr. President, we are working with Secretary Clinton likewise has dedi- there with us and stayed right at it. our friends on the other side of the cated herself and her staff to the effort The wisdom and experience he has aisle to really try to get the final to work through unbelievable numbers brought to this task is invaluable, to- agreement as to how we are going to of questions, to make themselves avail- gether with his collaborator Anthony proceed. I believe it is going to be pos- able and to make herself available to Wier. Peter Scoblic, Andrew Keller, sible for us to work out the issues with talk with colleagues. Jason Bruder, and Jen Berlin have been Senator KYL and his amendment. So I This has been a tremendous team ef- enormous contributors to this effort. I hope we will not need any other votes fort with Secretary Gates, Secretary am grateful to all of them. other than the final vote on the treaty. Chu, Admiral Mullen, General Chilton, On the Republican side, Ken Myers— That is our hope at this point. We will LTG O’Reilly, and others. None of Ken brings so much experience and wis- try to work through that over the these things can happen if there isn’t a dom to this task. He has been with course of the next few minutes. team pulling together to answer ques- Senator LUGAR for a long time. What I suggest the absence of a quorum. tions and deal with the issues col- he has done to help us bridge the divide The ACTING PRESIDENT pro tem- leagues have. is immeasurable. Tom Moore and Mike pore. The clerk will call the roll. At the State Department, Assistant Mattler worked with him. The bill clerk proceeded to call the Secretary Rose Gottemoeller has been Our staff in S–116, which has sort of roll. unbelievably available, patient, been headquarters for us, Meg Murphy

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.039 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10951 and Matt Dixon have put up with solid block of support for the treaty that if we actually let the newly elect- strange hours and interruptions. We based upon these distinguished Ameri- ed Congressmen and Senators be sworn are eternally grateful to them. cans who have had enormous experi- in before we take up these important Obviously, nothing happens in the ence, not only with arms control trea- issues that they will actually reflect Senate without the floor staff, the ties but the actual implementation of the opinions of the American people folks who put in these long hours. Jes- these with the former Soviet Union— and stop what we are doing. sica Lewis and Tommy Ross on Sen- and now with Russia—in the past. We have decided to use this lame- ator REID’s staff have been invaluable I am indebted, as JOHN KERRY is, to duck session to push many items to us. Lula Davis, Tim Mitchell, and Ken Myers, Tom Moore and Mike through. It is a very unaccountable Stacy Rich are invaluable on every Mattler of our staff and to Marik Congress. We tried to push through a issue here. The Senate would not work String and Corey Gill. I cite these five huge omnibus spending bill with thou- without them. We are deeply grateful members of a very devoted staff who sands of earmarks, exactly the thing to all these people. have devoted extraordinary talents and about which Americans have said no I am glad the schedule allows us a time and devotion to the treaty formu- more. Thankfully, Republicans stood moment where we can actually thank lation and to the counsel they have together to stop that bill. them all publicly. They do a service for given me, for which I am very much in- We needed to extend our current tax our country that many people in the debted. rates, but even in order to get a tem- country never have a sense of. They do Finally, I thank all the members of porary extension, we in the minority not see it. Government gets a lot of the Senate Foreign Relations Com- had to agree to more deficit spending. criticism, but let me tell you, these mittee for their diligence and attend- In this lameduck session, we have folks work as hard as any people I ance at hearings and their questioning pushed our political correctness on to know anywhere, and a lot of things of each other, as well as the witnesses our military by repealing don’t ask, could not happen without them. and the discussions we have had both don’t tell without the proper studies, As I said, I wish to speak to the sub- in informal and formal sessions. We without the proper phase-in time, and stance of the treaty before we vote, but have had a difference of opinions. Our no rational approach to this. It was for the moment I yield the floor. views were not unanimous in the 14-to- just check the box of another political The ACTING PRESIDENT pro tem- 4 vote by which the Senate Foreign Re- payback. pore. The Senator from Indiana. lations Committee sent this New In another check the box of amnesty, Mr. LUGAR. Mr. President, I wish to START treaty to the floor. But I re- the DREAM Act, which was brought up seize the moment, along with my dis- spect deeply each of those views, and I and fortunately Republicans stood tinguished chairman, because we are respect the ways in which members of against something that again avoided indebted to all the great people he has the committee have participated dur- the big issue of border security. This enumerated, to embellish his congratu- ing this very important debate. Congress has continuously rejected the lations by mentioning that we are Mr. President, I yield the floor. idea of carrying through on our own grateful, first of all, that the President The ACTING PRESIDENT pro tem- law to complete the double-layer fenc- invited Senator KERRY and me to be pore. The Senator from South Caro- ing we put into law to protect the part of conversations on two occasions lina. southern border. Thousands of people during the negotiation of the treaty. Mr. DEMINT. Mr. President, I say are being killed on the border because That, we thought, was very valuable Merry Christmas to all my colleagues. we refuse to take action. Yet we are and gave us some insight as to where We never expected to find ourselves continuing to try to expand the prob- the negotiators were headed and to here this time of year, but obviously lem with more amnesty and citizenship offer what counsel we could about there are very important issues to dis- and public benefits to those who came those issues we felt were important and cuss. here illegally. those issues we were certain all Sen- On November 2, Americans made a The threat is now to keep us here ators would feel were important as we pretty historic statement. After 2 until Christmas or beyond to pass what sought ratification of the New START years of many things being crammed we are calling a 9/11 bill. Every Member treaty. down their throat that they did not of this Chamber—Republicans and Likewise, those conversations were like, they made historic changes in the Democrats—wants to do what is right carried on rigorously by the Vice Presi- House and the Senate. I think all ex- for the first responders who may have dent, our former chairman of the Sen- pectations were that the new Congress been injured after 9/11. But we owe it to ate Foreign Relations Committee, JOE would come in and begin to change the American people to be accountable BIDEN, who has worked with Senator things. Very few Americans—and I to how we spend money. To put a bill KERRY and with me over the course of think very few of us in the Senate—ac- on the floor, in an unaccountable lame- three decades or so of active participa- tually thought we would use the time duck Congress, that has not been tion and several arms control treaties. between that election and the swearing through hearings, when we do not Vice President BIDEN has a very good in of the new Members of Congress to know how the millions of dollars have idea of how the ratification process continue to cram through more things been used that we have already given works and what counsel he can give, America does not want. to the same cause certainly is worth a not only to us but to all Members and Most businesses have learned that if few weeks of committee hearings and colleagues with whom he has worked so they ever have to make the difficult understanding exactly how to spend well in the past. decision of firing someone, it is very taxpayer money effectively in a way we I am especially pleased, likewise, important that person be sent home know will help the people who have that Rose Gottemoeller, who headed right away because getting fired usu- been injured. the negotiation team, has been very ally makes people angry and less loyal But, no, we have to push that available to Senators throughout the to the company that fired them. In- through in a fired, unaccountable Con- time of the negotiation abroad and dur- stead of dealing with all the mischief gress. Of course, now the big issue of ing her trips to Washington and cer- that might occur, the fired employee is the day is somehow, in a time of eco- tainly throughout the hearings the sent home right away. nomic recession and so many people Foreign Relations Committee held. We are a fired Congress in a lot of being out of work, that we want to use We are indebted, in fact, to all the ways. America has sent us home. Many this lameduck, unaccountable Congress witnesses who came before our com- people who set the policies for the last to push through a major arms control mittee in the 16 hearings that have 2 years have been unelected. Some have treaty with Russia. Somehow that often been enumerated in conversation retired. But the decisions that are ended up on the top of our priority list, on the floor. The witnesses were gen- being made now in this Congress are using Christmas as a backstop to try to erous with their time, very forth- decisions being made by people who force us to pass this bill. coming with their testimony and fol- have either retired or who have been It is pretty interesting how this has lowup questions the Senators had. Be- turned out of office. So much is being progressed. The treaty had no chance cause of that testimony, there is a very pushed through because of the fear of ratification until the President

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.043 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10952 CONGRESSIONAL RECORD — SENATE December 22, 2010 agreed to billions of dollars in mod- We can’t ratify this treaty with any resentatives America just elected have ernization of our nuclear weapons. pretense that America is going to be been sworn in, and doing it as part of a We have to stop and ask ourselves: any safer. In fact, I think the biggest list of legislation—a long list over the Why should we have to have backroom problem with this treaty is the whole last 2 years—that America does not trading going on to modernize our nu- presumption it is built on—that Amer- want. clear weapons? That should be some- ica should be at parity with Russia. We I want good relations with Russia thing the President is committed to, have talked about it here in this Cham- and countries all over the world, but I that we are committed to. We should ber, that we do not have the same role am afraid this is part of a continued ef- not have to trade for modernization. as Russia in this world. Russia is a pro- fort of accommodation and appease- But now we appear to have enough Re- tector of none and a threat to many. ment; that if we show weakness, other publicans who have decided this is a America is the protector of many and a countries will accommodate us. We good treaty to ratify a few days before threat to none. Over 30 countries live need Russia to cooperate—with Russia Christmas in a fired, unaccountable in peace under our nuclear umbrella, and North Korea. Folks, I don’t think Congress, with the need to push it but we are saying we are going to re- this is the way to get it, and I don’t through before America’s representa- duce it, with a lot of questions as to think we are going to gain respect for tives actually get here the first of Jan- whether we are going to modernize it, our process of trying to do this under uary. The sense here is if we let the and we are telling our allies that tac- the cover of a distraction of a major people America just elected come, that tical nuclear weapons are not going to holiday with a lameduck, unaccount- maybe the treaty will need some modi- be restricted in any way, which is prob- able Congress. fications. ably their biggest concern because of In the way this is being presented, it There have been many questions ex- their contiguous location to Russia. is a mockery of the debate process here pressed about the treaty. I think some Mr. INHOFE. Will the Senator yield in the Senate. We are not amending a of them are very legitimate. Clearly, for a question? treaty. We were told at the outset it is missile defense is a problem. The Rus- Mr. DEMINT. Yes. ‘‘take it or leave it.’’ The Russians are sians have expressed that Americans Mr. INHOFE. When you talk about negotiating, clearly, from a position of cannot develop any kind of comprehen- the missile defense aspect of this, I strength, because they said, here is the sive missile defense system under this wonder if it has occurred to a lot of treaty, take it or leave it; any changes treaty. We say: No, no. We can develop people that maybe this treaty is with and the treaty is dead. Is that the way a limited missile defense system. We the wrong people. We know right now America needs to deal with other coun- are going through all kinds of con- that Iran is going to have the capa- tries? Is that the way the Senate voluted language to put things in non- bility—and this is not even classified— should debate a major arms control binding areas of this agreement, to say of a nuclear weapon, a delivery system, agreement, where the majority party is we are committed or we are going to by 2015. I think one of the worst things saying, you can go talk about it if you communicate to the Russians that we for America—and this President did want, but we are going to kill every are committed, but we even were unit—was to take down the sites we were amendment, even though we say we willing to put it in the preamble that planning in Poland that would give us agree with a lot of them. There will be there is no linkage between the devel- this protection. no changes in this. opment of our missile defense system My point I want to make, and then to We are trying to stick some things in and this treaty agreement. Clearly, ask the Senator about, is that in the here in the areas of the treaty that there is a linkage. The Russians believe event this is ratified and we are re- have no binding aspect and say we have there is a linkage. stricted in any way from developing covered it, but we are making a mock- All the correspondence from the further our missile defense system, ery of the whole debate and ratifica- President says ‘‘limited missile defense doesn’t that put us directly in an im- tion processes with an unaccountable, fired Congress, under the cover of system.’’ We obviously have agreed to paired position in terms of North Christmas, and a debate where we have it. We never could get the negotiating Korea, maybe Syria, but definitely been told ‘‘take it or leave it.’’ This is records to confirm that, but everything Iran, that has already indicated and al- not what the Senate is about, this is suggests there is an implicit and ex- ready has the capability of reaching us not what Congress is supposed to be plicit agreement that America will not by that time? attempt to develop a missile defense It is interesting that the site would about, and certainly we should not be passing major legislation at this time system capable of defending against have been in effect to knock down a of year with this Congress. Russian missiles. Perhaps capable of missile coming from Iran by 2015, the Mr. President, I appreciate the oppor- defending against a rogue missile same year our intelligence community tunity to speak. I still hope my col- launch or an accidental missile launch, tells us they will have that capability. leagues will come to their senses and but the language in this treaty, com- Isn’t that the threat we are concerned show the American people that we are munications from the White House, the about, more than Russia? going to act in a responsible way that Mr. DEMINT. I want to thank the hearings all say we will only have a respects what they told us on Novem- limited missile defense system. Senator from Oklahoma for bringing ber 2; that this Congress needs to go, a There should be no mistake, there out another very important point. We new one needs to come in, and we need should be no confusion, the agreement are laser focused on this treaty with to stop cramming things down their to this treaty is an agreement for Russia, which obviously restricts our throats they do not want. America not to develop a comprehen- ability to develop missile defense. Yet With that, Mr. President, I yield the sive missile defense system. If that is we all seem to acknowledge the great- floor. satisfactory, then let’s ratify. Clearly, est growing threat in this world is from The PRESIDING OFFICER (Mr. BEN- there are holes in the verification proc- Iran and North Korea and other rogue NET of Colorado). The Senator from ess of this treaty. The growing and big- nations that can develop nuclear tech- Massachusetts. gest threat is tactical nuclear weapons. nology. Mr. KERRY. Mr. President, we are Shorter range missiles, ground-based, It is almost like watching a magician now in the final throes of getting to- sub-based are not even included in this at play here, of getting us to look at gether a unanimous consent request. agreement. The Russians are fine with one hand while other things are going The leadership has asked us to proceed this. They were going down to the on. We are not paying attention to the forward on the amendment. Senator same long-range missile count we re- Nation’s business here, and I am afraid KYL has asked me—I think he wanted quire in this treaty anyway. They give this is just another ‘‘check the box’’— to be here when we do his amendment up nothing. We don’t restrict any of a foreign policy victory for the admin- on modernization, which we are now their tactical developments. The verifi- istration. If it did not have so many prepared to accept, with further modi- cation is less stringent than in START questions related to it, that would be fication. So I will wait for Senator KYL I, with fewer inspections, and the abil- fine, but not to jam this through with in order to do that. ity to actually look at things such as a fired, unaccountable Congress, and In the meantime, I understand we telemetry are obviously omitted here. rushing it through before the rep- also have an agreement on the missile

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.044 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10953 defense amendment, and that amend- could quickly accept his amendment an earlier date than was originally in- ment is now going to be cosponsored by and dispose of that—I ask unanimous tended. But to be clear, nothing in this Senator LIEBERMAN and Senator consent that we call up Kyl amend- amendment reduces the President’s de- MCCAIN. So if the Senator from Ten- ment No. 4892, as modified—as addi- cisionmaking or flexibility. It remains nessee wants to talk about that amend- tionally modified. his decision as to how the funding is re- ment, we are prepared to accept it. I Mr. President, I suggest the absence quested and when it is requested. think we should have the discussion of of a quorum. Mr. KERRY. Mr. President, I agree that amendment at this point in time. The PRESIDING OFFICER. The with the comments of the Senator. It I yield the floor. clerk will call the roll. does leave the President that impor- The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- tant ability, but it also puts the ques- ator from Tennessee. ceeded to call the roll. tion of whether this is a way that is Mr. CORKER. Mr. President, I wish The PRESIDING OFFICER. The Sen- more efficient. It is something we to at this moment ask unanimous con- ator from Illinois. should be looking at, and the President sent to change the name of the amend- Mr. KIRK. Mr. President, I ask unan- intends to look at it. We will accept ment to MCCAIN-LIEBERMAN-CORKER. imous consent that the order for the this amendment. The PRESIDING OFFICER. Without quorum call be rescinded. Mr. President, I don’t think there is objection, it is so ordered. Mr. KERRY. Objection. further debate. Mr. CORKER. I would also ask unani- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The mous consent to add Senators tion is heard. question is on agreeing to the amend- JOHANNS, LEVIN, and BAYH as cospon- Mr. KERRY. Mr. President, I ask ment. The amendment (No. 4892), as further sors. unanimous consent that the order for modified, was agreed to. The PRESIDING OFFICER. Is there the quorum call be rescinded. AMENDMENT NO. 4904 objection? The PRESIDING OFFICER. Without Mr. KERRY. Mr. President, I thank Mr. KERRY. No objection. objection, it is so ordered. The PRESIDING OFFICER. Without Senator KYL and the Chair, and now, AMENDMENT NO. 4892, AS FURTHER MODIFIED objection, it is so ordered. Mr. President, I believe the Corker Mr. KERRY. Mr. President, I believe AMENDMENT NO. 4904, AS FURTHER MODIFIED amendment is the pending business. at the desk now is the Kyl amendment, The PRESIDING OFFICER. The Sen- Mr. CORKER. Mr. President, I would as modified. ator is correct. send to the desk the amendment, as I am sorry about the confusion. Mr. The Senator from Tennessee. modified, and as I understand it, this President, I ask unanimous consent Mr. CORKER. Mr. President, I wish has been accepted by both sides. that we be able to immediately proceed to again say that we have asked by The PRESIDING OFFICER. Is there to the Kyl amendment. We will come unanimous consent to change this to objection to the modification? right back to the Corker amendment, be the MCCAIN-LIEBERMAN-CORKER Hearing no objection, the amendment but I ask unanimous consent to pro- amendment, and we have also added is modified. ceed to the Kyl amendment, as modi- Senators ALEXANDER, BROWN of Massa- The amendment, as further modified, fied, with the modification that has chusetts, MURKOWSKI, JOHANNS, LEVIN, is as follows: been submitted at the desk. and BAYH as cosponsors. At the end of subsection (a) of the Resolu- The PRESIDING OFFICER. Is there As a matter of tremendous respect tion of Ratification, add the following: objection? and courtesy, I think it would be best (11) EFFECTIVENESS AND VIABILITY OF NEW Without objection, it is so ordered. for Senator MCCAIN to be the first START TREATY AND UNITED STATES MISSILE DE- FENSES.—Prior to the entry into force of the The amendment (No. 4892), as further speaker on this amendment that he New START Treaty, the President shall cer- modified, is as follows: was very involved in developing. tify to the Senate, and at the time of the ex- At the end of subsection (a), add the fol- The PRESIDING OFFICER. The Sen- change of instruments of ratification shall lowing: ator from Arizona. communicate to the Russian Federation, (11) DESIGN AND FUNDING OF CERTAIN FACILI- Mr. MCCAIN. Mr. President, on be- that it is the policy of the United States to TIES.—Prior to the entry into force of the half of myself, Senators LIEBERMAN, continue development and deployment of New START Treaty, the President shall cer- and Senator CORKER, I have an amend- United States missile defense systems to de- tify to the Senate that the President intends ment at the desk and ask for its imme- fend against missile threats from nations to— diate consideration. such as North Korea and Iran, including (A) accelerate to the extent possible the Mr. KERRY. Mr. President, reserv- qualitative and quantitative improvements design and engineering phase of the Chem- ing—I believe the Senator is referring to such systems. Such systems include all istry and Metallurgy Research Replacement phases of the Phased Adaptive Approach to (CMRR) building and the Uranium Proc- to the amendment that is pending? missile defenses in Europe, the moderniza- essing Facility (UPF); and Mr. CORKER. That is correct. tion of the Ground-based Midcourse Defense (B) request full funding, including on a Mr. KERRY. It is the pending amend- System, and the continued development of multi-year basis as appropriate, for the ment. the Two-stage Ground-based Interceptor as a Chemistry and Metallurgy Research Re- Mr. MCCAIN. First of all, it is prob- technological and strategic hedge. The placement building and the Uranium Proc- ably not too relevant, but I would like United States believes that these systems do essing Facility upon completion of the de- to say that this should have been the not and will not threaten the strategic bal- sign and engineering phase for such facili- Lieberman-Corker-McCain or Corker- ance with the Russian Federation. Con- ties. Lieberman-McCain amendment be- sequently, while the United States cannot Mr. KERRY. Mr. President, I believe circumscribe the sovereign rights of the Rus- cause of the distribution of effort that sian Federation under paragraph 3 of Article Senator KYL wishes to say something. has been made on this amendment. Be XIV of the Treaty, the United States be- The PRESIDING OFFICER. The Sen- that as it may, I think this amendment lieves continued improvement and deploy- ator from Arizona. makes some improvement that will be ment of United States missile defense sys- Mr. KYL. Mr. President, I will com- very helpful. tems do not constitute a basis for ques- ment more when I make my concluding It has two parts. The first requires tioning the effectiveness and viability of the comments, but what we have just done the President to certify that we do not Treaty, and therefore would not give rise to is to agree to provide a mechanism for recognize Russia’s argument that the circumstances justifying the withdrawal of the President to certify a way forward treaty can only be effective and viable the Russian Federation from the Treaty. At the end of subsection (b)(1)(C), strike to fund the two large facilities that are only in conditions where the United ‘‘United States.’’ and insert the following: part of the nuclear weapons complex in States is not building up its missile de- ‘‘United States; and a way that we hope will provide for the fenses. The statement would also be (D) the preamble of the New START Trea- most efficient way to build these facili- transmitted to the Russians when the ty does not impose a legal obligation on the ties and to get them constructed as instruments of ratification are ex- parties. rapidly as possible. changed. Second, the amendment Mr. KERRY. Mr. President, I would The result of this is that, potentially, would include in the instrument an un- ask, before we proceed on that—be- we could save hundreds of millions of derstanding that the preamble is not cause Senator KYL is now here, so we dollars and construct the facilities at legally binding.

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.045 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10954 CONGRESSIONAL RECORD — SENATE December 22, 2010 I think this is a helpful amendment, then I think it would give the party we it in there, and they know what they and I appreciate that it could be in- are in negotiations with significant wanted it to mean. cluded by the Senator from Massachu- pause. What is troubling is that when the setts, but ultimately it does not ad- Not one statement that I have been treaty was signed earlier in the year in dress my concerns that the Russians able to find has a Russian leader—ei- Prague, the Russian Federation issued believe the treaty could be used to ther Foreign Minister, Defense Min- a statement that basically made these limit our missile defense. We should ister, or Prime Minister or President— same points—that the treaty will be ef- have removed this clause from the pre- saying they will adhere to the provi- fective and viable only in conditions amble. sions that are in this amendment. That where there is no qualitative or quan- The message sent by the first part of is a fundamental contradiction that I titative buildup in the missile defense this amendment is positive, but it is am sorry cannot be resolved. system capabilities of the United not conveyed to the Duma. When we I know what the votes are going to be States of America. look at the fact—I understand why the on this treaty. Again, I congratulate But these are two separate cat- proponents of this treaty would not Senator KERRY for the incredible job he egories. This treaty, the START trea- want to transmit this aspect of the has done and, frankly, his great will- ty, is all about reducing the offensive treaty to the Duma for fear of some ingness to talk with me and negotiate capabilities, nuclear and delivery capa- backlash and perhaps problems in the with me and have dialog and work to- bilities of both great powers. We are Russian Duma, although it is not a ward a common goal. He has done that building a missile defense system. It body that is renowned for its independ- in good faith, and I am grateful for the started out as a very controversial ence, to say the least. The fact is, it opportunity he has given me to play a matter. It started out a long time will not be transmitted to the Duma. role, including agreeing to this amend- ago—President Reagan, really, ini- The fact is, if the Russians and the ment which I think will improve the tially, and then serious consideration United States agreed to a treaty and a treaty. in the 1990s when a lot of people argued part of that treaty was not transmitted I wish to say that I know how dif- against it and said it was a waste of to the Senate, I think that would be ficult this has been for Senator CORKER money and it would never work techno- something to which most of us would and other Members on this side. logically, that you couldn’t create a take strong exception. I thank Senator LIEBERMAN for the bullet that would hit a bullet. Yet that I thank Senator CORKER. He has continued hard work he does on this is exactly what we have done. Thank worked extremely hard on this issue. issue. God that we invested the money and JOE LIEBERMAN has worked extremely I urge my colleagues to support this that our scientists and military leaders hard, trying to reach a point, obvi- amendment. I think it is very helpful. have brought it as far it is because one ously, that they could agree to support With that, I yield to my colleagues, of the great threats that will face the this treaty. Whether they eventually cosponsors of the amendment, if that is people of the United States, our na- do or not is something that I neither agreeable to Senator KERRY. tional security, will come from mis- know nor would predict, but I do think The PRESIDING OFFICER. The Sen- siles carrying weapons of mass destruc- it shows some improvement. I still ator from Connecticut. tion fired particularly by rogue nations Mr. LIEBERMAN. Mr. President, have various concerns, as I have had such as Iran and North Korea. It would Senator CORKER and I had a vote—ac- from the beginning, on the issue of de- be irresponsible of us not to have devel- tually, Senator CORKER, Senator fensive missile systems, how it would oped a capacity to defend against those MCCAIN, and I had a vote on whose play, whether it is actually part of the kinds of missile attacks. We have done name should be first on this, and Sen- treaty and, if so, how enforceable. that. What complicates this more than ator CORKER and I won, 2 to 1. Senator The Russians keep wanting to link anything else is the continued state- MCCAIN’s name is first because this is that to this treaty. It is not linked to ments, public statements on American an amendment that attempts to deal in the treaty. Therefore, I regretted that television a short time ago—Vladimir a unifying way with our concern that section was in the preamble I read. The Putin saying that if we move forward the Russians misunderstand the impact United States responded through the with improving our missile defenses, of this treaty or the impact of our de- State Department to that statement they would take ‘‘appropriate actions.’’ velopment of missile defenses on this by the Russian Government when they Their Foreign Minister has made re- treaty and that it is important for us signed the treaty. But it is really im- peated statements—not last year but to speak out in unity, in a unified and portant for us, at the same time the in- last month—saying one thing and pub- clear voice, to the Russians, and no one struments of ratification are conveyed licly declaring it while on the other has made that point more clearly as to the Russian Government, to make a hand we are assuming this will prevent the treaty has been considered than clear and direct statement of our un- them from doing what they say they Senator MCCAIN. In fact, he offered an derstanding of the total nonrelation- will do. That is a contradiction. amendment earlier in our deliberations ship between the development of our I understand how solemn treaties on the treaty which I supported, which missile defense capability and the are, and I understand how binding trea- did not pass, which would have re- START treaty. ties are. I also understand that when moved the section of the preamble that That is what this amendment does. I the leader of a nation says on ‘‘Larry has obviously been put in by the Rus- am privileged to cosponsor it with Sen- King Live’’—God bless you, Larry, for sians in the negotiations which is con- ator MCCAIN, Senator CORKER, and a everything you did for us—that they fusing at best and downright mis- number of other Members of both par- will have to take ‘‘appropriate actions’’ chievous at worst. ties. Basically, it says that before the if we improve quantitatively or quali- This is the section that says: New START treaty could enter into tatively our strategic missile defense Recognizing the existence of the inter- force, the President shall certify to the systems, then obviously you have to relationship between strategic offensive Senate—basically, this is certifying give some credence to that, when pub- arms and strategic defensive arms, that this interrelationship will become more impor- what the President said in a letter sent lic statements are made. Obviously, in tant as strategic nuclear arms are reduced, to Senator REID a few days ago—and at the view of Senator KERRY, who has and that current strategic defensive arms do the time of the exchange of instru- done a masterful job in shepherding not undermine the viability and effective- ments of ratification shall commu- this treaty through the Senate in the ness of the strategic offensive arms of the nicate directly to the Russian Federa- last several days, that is not that Parties. tion that, No. 1, we are going to con- meaningful. So we just have a funda- That is the end of the quote from the tinue development and deployment of a mental disagreement of opinion. But I preamble. It strikes me as I read it missile defense system to defend can say this: If we negotiated a treaty that it will be a topic of consideration against missile threats from nations and made certain agreements and the in law schools and classes on inter- such as—and I would add ‘‘not limited President of the United States made national law. The first question is, to’’—North Korea and Iran. public statements on national or inter- What did it mean? But I think the Rus- No. 2, what do we mean by quali- national television contradicting that, sians had a particular intent in putting tative and quantitative improvement

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.051 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10955 of such systems that we are going to be Mr. CORKER. Mr. President, I am tire process, a commitment to ensure continuing? This is very important. We thrilled to join with Senator MCCAIN that the nuclear arsenal we have is one define that here to include all phases of and Senator LIEBERMAN in an amend- that operates, that is reliable, that is the phased adaptive approach to mis- ment dealing with missile defense. This safe. sile defenses in Europe embraced now is a subject that has been discussed I think people know we have 1,550 de- by our NATO allies; second, the mod- ever since this treaty was first pre- ployed warheads—after this treaty goes ernization of the ground-based mid- sented. into effect, over a long period of time, course defense system; and third, the I cannot think of a better way to end we reduce to that number, but that we continued development of the two- this debate. I thank Senator KERRY for have roughly 3,500 other warheads that, stage ground-based interceptor as a having the patience of Job, having again, will continue to be modernized technological and strategic hedge. worked through this. Somebody men- and made available, if necessary. We are being as direct as we can be tioned deals and where they have been So I want to say that in accepting here to the Russians. Some of my col- taking place. They have been taking the Kyl amendment and all of the leagues have said—and the record, un- place on the Senate floor. We have been things that have come with it—the let- fortunately, shows it—that their working on this for a long time. We ter from the appropriators and accept- record for complying with treaties is have gone through intelligence briefing this missile defense amendment—if not a good one. We don’t want to enter ings. We have gone through incredible that ends up being the case, and I hope into this one with any misunder- numbers of hearings. I think this has it will be by unanimous consent short- standings or covering up the truth. We been done exactly in the right way. ly, I think what we have done through- are saying here loudly and clearly that I thank the Senator for his leader- out this entire process has strength- the United States is going to continue ship. I thank Senator LUGAR for his ened our country’s national security. to develop all of these different forms leadership on nuclear armaments in I can say: Look, this is called the of missile defense to protect our secu- general. The Senator has been pursuing New START, but I could call this the rity and that has nothing to do with that for years. Missile Defense and Nuclear Mod- this START treaty. So we have before us an amendment ernization Act of 2010 because all of I think the third section here is very on missile defense. Again, it has been these things have come into play to important. We say: discussed in great detail. This says make our country safer. I want to The U.S. believes that these systems [mis- thank the chairman. I want to thank sile defense systems] do not and will not three things. Senator LIEBERMAN certainly talked about much of the detail, the administration for walking threaten the strategic balance with the Rus- through, over the last 6 months, and sian Federation. Consequently, while the but the President the other day sent us U.S. cannot circumscribe the sovereign a letter declaring, in very strident helping us cross t’s and dot i’s. I think rights of the Russian Federation under para- ways, his commitment to both the this treaty is good for our country. I graph 3 of Article XIV of the [START] Trea- phased-adaptive approach to missile think this treaty enhances our na- ty— defense, which will take place in Eu- tional security. I thank the chairman Which is the section that gives na- rope, and our ground-based intercep- for the way he has worked with us to tions the right to withdraw under ex- tors. He has said that absolutely in get it into that position, certainly Sen- traordinary circumstances—nonethe- strident terms. ators MCCAIN and LIEBERMAN for help- less, if we adopt this, when we adopt it, What this amendment does is cer- ing take the lead on this amendment. I yield the floor. this amendment, we are saying here: tifies to Congress—he certifies to Con- The United States believes continued im- The PRESIDING OFFICER. The Sen- gress—that he is going to continue ator from Illinois. provement and deployment of United States those efforts. He will continue those ef- missile defense systems do not constitute a AMENDMENT NO. 4922 TO AMENDMENT NO. 4904 forts on phased-adaptive approach and basis for questioning the effectiveness and Mr. KIRK. Mr. President, I have a ground-based interceptors. viability of the Treaty, and therefore would second-degree amendment at the desk, Second, we have been concerned not give rise to circumstances justifying the No. 4922. withdrawal of the Russian Federation from about what Russia thinks as it relates The PRESIDING OFFICER. The the treaty. to this treaty. When we exchange the clerk will report. We are trying to manage our rela- instruments of ratification, when we The assistant legislative clerk read tionship with the Russian Federation exchange the documents when ratify- as follows: in a way that is conducive to the secu- ing this treaty, they are going to be The Senator from Illinois [Mr. KIRK] pro- rity of our country and the security of told that we, in fact, are continuing to poses an amendment numbered 4922 to the world. pursue our missile defenses in every Amendment No. 4904. We disagree with the Russians on an way possible, and that in no way af- Mr. KIRK. Mr. President, I ask unan- awful lot of things, including human fects our relationship from that stand- imous consent that the reading of the rights and values and freedom of the point as it relates to this treaty. I amendment be dispensed with. press—which the current government think that is incredibly strong. The PRESIDING OFFICER. Without in Russia has so aggressively sup- Then, third, we have talked about objection, it is so ordered. pressed. So we want to be honest with this preamble, and every one of us The amendment is as follows: them and direct with them and not knows the preamble is nonbinding. But (Purpose: To provide an additional under- enter into this important treaty with as an understanding of this treaty standing regarding the December 18, 2010, any illusions. I believe we have said going forward, we are telling the Rus- letter from President Obama to the Senate that clearly. If it passes, it will be pre- sians that the preamble absolutely is regarding missile defense) sented to the Russian Government di- not binding and that we are pursuing On page 2, after line 19, add the following: rectly. these missile defense applications that (2) MISSILE DEFENSE.—It is the under- I am very pleased we have a broad, have been discussed. I am proud to join standing of the United States that the advice bipartisan group supporting this. It is a and consent of the Senate to the New START with Senator MCCAIN, with Senator unified way to conclude our delibera- Treaty is subject to the understanding, LIEBERMAN, two people who care as tions here before we go to vote on rati- which shall be transmitted to the Russian fication, and I urge my colleagues to deeply about our national security as Federation at the time of the exchange of in- support the amendment. anybody in the United States, cer- struments of ratification, stated in the letter I thank the Chair and yield the floor tainly in this Senate. I am proud to transmitted by President Barack Obama to the Majority Leader of the United States to the Senator from Tennessee. have the other Members of the Senate who have joined in. Senate on December 18, 2010, the text of The PRESIDING OFFICER. The Sen- which is as follows: ator from Tennessee. Let me just say in closing, I think it Mr. CORKER. Mr. President, I ask is absolutely appropriate that the last THE WHITE HOUSE, Washington, December 18, 2010. unanimous consent to add Senator two amendments we address are the Kyl amendment which deals with mod- Hon. HARRY M. REID, BEGICH as a cosponsor. Majority Leader, U.S. Senate, The PRESIDING OFFICER. Is there ernization—the President has made in- Washington, DC. objection? Without objection, it is so credible investments in modernization DEAR SENATOR REID: As the Senate con- ordered. that have come about through this en- siders the New START Treaty, I want to

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.052 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10956 CONGRESSIONAL RECORD — SENATE December 22, 2010 share with you my views on the issue of mis- EPAA and NATO’s territorial missile defense obviously I wish we had been able to sile defense, which has been the subject of capability will allow us to do that. reach an agreement sometime earlier, much debate in the Senate’s review of the In signing the New START Treaty, the but I am glad he is there now on this Treaty. Russian Federation issued a statement that amendment. I am glad we are able to Pursuant to the National Missile Defense expressed its view that the extraordinary Act of 1999 (Public Law 106–38), it has long events referred to in Article XIV of the Trea- accept it. been the policy of the United States to de- ty include a ‘‘build-up in the missile defense I thank Senator CORKER who has ploy as soon as is technologically possible an capabilities of the United States of America been a straight dealer throughout all of effective National Missile Defense system ca- such that it would give rise to a threat to this—no histrionics, no politics. I pable of defending the territory of the United the strategic nuclear potential of the Rus- think he has really seen his respon- States against limited ballistic missile at- sian Federation.’’ Article XIV(3), as you sibilities on the Foreign Relations tack, whether accidental, unauthorized, or know, gives each Party the right to with- Committee in the best way and has deliberate. Thirty ground-based interceptors draw from the Treaty if it believes its su- studied and thought and worked at and based at Fort Greely, Alaska, and Vanden- preme interests are jeopardized. berg Air Force Base, California, are now de- The United States did not and does not tried to find a way to solve a problem, fending the nation. All United States missile agree with the Russian statement. We be- not create a problem. So I thank him defense programs—including all phases of lieve that the continued development and de- for that approach to this treaty. the European Phased Adaptive Approach to ployment of U.S. missile defense systems, in- I think this amendment, if I can missile defense (EPAA) and programs to de- cluding qualitative and quantitative im- say—I mean, I was here in the Senate. fend United States deployed forces, allies, provements to such systems, do not and will I remember debating the first proposal and partners against regional threats—are not threaten the strategic balance with the of President Reagan with respect to consistent with this policy. Russian Federation, and have provided pol- The New START Treaty places no limita- missile defense, which then was called icy and technical explanations to Russia on the SDI, the Strategic Defense Initia- tions on the development or deployment of why we believe that to be the case. Although our missile defense programs. As the NATO the United States cannot circumscribe Rus- tive, and became what we called Star Summit meeting in Lisbon last month un- sia’s sovereign rights under Article XIV(3), Wars back then. We have traveled a derscored, we are proceeding apace with a we believe that the continued improvement long distance since then. The world missile defense system in Europe designed to and deployment of U.S. missile defense sys- also has changed significantly since provide full coverage for NATO members on tems do not constitute a basis for ques- then. the continent, as well as deployed U.S. tioning the effectiveness and viability of the forces, against the growing threat posed by We no longer live in that sort of bipo- New START Treaty, and therefore would not lar East-West, Soviet-U.S.-dominated the proliferation of ballistic missiles. The give rise to circumstances justifying Rus- final phase of the system will also augment world. We are living in a multipolar, sia’s withdrawal from the Treaty. extraordinarily complicated and sig- our current defenses against interconti- Regardless of Russia’s actions in this re- nental ballistic missiles from Iran targeted gard, as long as I am President, and as long nificantly changed world in the context against the United States. as the Congress provides the necessary fund- of the threats we face. The threats we All NATO allies agreed in Lisbon that the ing, the United States will continue to de- now face, particularly of a rogue state, growing threat of missile proliferation, and velop and deploy effective missile defenses to or of the possibility of a terrorist group our Article 5 commitment of collective de- protect the United States, our deployed fense, requires that the Alliance develop a stealing or putting their hands on some forces, and our allies and partners. My Ad- territorial missile defense capability. The loosely guarded materials and/or weap- ministration plans to deploy all four phases Alliance further agreed that the EPAA, ons, those are possibilities that are of the EPAA. While advances of technology which I announced in September 2009, will be real. We need to deal with this dif- or future changes in the threat could modify a crucial contribution to this capability. the details or timing of the later phases of ferent kind of threat. Starting in 2011, we will begin deploying the the EPAA—one reason this approach is I believe the President of the United first phase of the EPAA, to protect large called ‘‘adaptive’’—I will take every action States has been pursuing a plan, build- parts of southern Europe from short- and available to me to support the deployment of ing on what previous administrations medium-range ballistic missile threats. In all four phases. subsequent phases, we will deploy longer- have done; that is, pursuing the right Sincerely, range and more effective land-based Stand- kind of approach to try to figure out: BARACK OBAMA. ard Missile–3 (SM–3) interceptors in Romania How do we make all of us safer? Our and Poland to protect Europe against The PRESIDING OFFICER. The Sen- hope is that the Russians will under- medium- and intermediate-range ballistic ator from Massachusetts. stand this is not directed at them. This missiles. In the final phase, planned for the Mr. KERRY. Mr. President, on the is directed at how we together can end of the decade, further upgrades of the basis of rule XXII and the question of build a structure in which all of us can SM–3 interceptor will provide an ascent- timely filing, I would object to this share in a way that forces the Irans phase intercept capability to augment our amendment being considered. defense of NATO European territory, as well and North Koreas and others to under- as that of the United States, against future The PRESIDING OFFICER. The stand the futility, indeed the counter- threats of ICBMs launched from Iran. point of order is well taken. The productivity of the direction in which The Lisbon decisions represent an historic amendment falls. they are moving. achievement, making clear that all NATO Mr. KIRK. Mr. President, am I al- So I think this is a good amendment allies believe we need an effective territorial lowed to be heard on the point of to embrace within the instrument of missile defense to defend against the threats order? ratification what the President is we face now and in the future. The EPAA The PRESIDING OFFICER. There is doing anyway, what the administration represents the right response. At Lisbon, the Alliance also invited the Russian Federation no debate on a point of order. has been committed to doing anyway. I to cooperate on missile defense, which could Mr. KIRK. Roger that. personally do not think it was nec- lead to adding Russian capabilities to those The PRESIDING OFFICER. The Sen- essary—in order to achieve an appro- deployed by NATO to enhance our common ator from Massachusetts. priate understanding of where the ad- security against common threats. The Lis- Mr. KERRY. Mr. President, I do not ministration is going—but to whatever bon Summit thus demonstrated that the Al- want the Senator to not have an oppor- degree it gives Senators the ability in liance’s missile defenses can be strengthened tunity to be able to speak to this. I the advice and consent process to be- by improving NATO-Russian relations. think he should be able to. He cer- This comes even as we have made clear lieve that we are appropriately putting that the system we intend to pursue with tainly has that right in the context of Russians on notice as to this course we Russia will not be a joint system, and it will his time. I will not speak very long at are on, I think it reinforces what the not in any way limit United States’ or all. President has already done and said. I NATO’s missile defense capabilities. Effec- I want to thank the Senator from Ar- do not think they should view it as tive cooperation with Russia could enhance izona, my long-time friend, for his very something new or as an aberration the overall effectiveness and efficiency of generous comments. I appreciate them from any course that we have been on. our combined territorial missile defenses, personally. But also I thank him for I certainly do not view it that way. and at the same time provide Russia with his willingness, under some cir- I am confident they will see that we greater security. Irrespective of how cooperation with Russia develops, the Alliance cumstances that I know were tough for can build on this treaty in a way that alone bears responsibility for defending him, in terms of how a lot of this we share in the future strategies, anal- NATO’s members, consistent with our Trea- played out. He nevertheless sat with yses, perhaps even technologies in the ty obligations for collective defense. The me, worked through these issues, and long run that will make all of us safer

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.011 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10957 and ultimately provide all of us with The amendment (No. 4904), as further some questions, there is no way in the the ability to deal with the realities of modified, was agreed to. world we would have the commitments a nuclear world. Our goal is to make us The PRESIDING OFFICER. The Sen- we have on nuclear modernization if it safer, and we believe this helps us do ator from Massachusetts. were not for the process of this treaty. that. Mr. KERRY. Mr. President, we have Now with Senator KYL’s amendment The PRESIDING OFFICER. The Sen- an understanding—while it is not a being accepted, we are even fast-track- ator from Indiana. unanimous consent request yet, we ing that. There is no way in the world Mr. LUGAR. Mr. President, I join have an understanding with Senator the unilateral statements that are with the sentiments just expressed by KYL that is the last amendment. We going to be presented to Russia are the chairman. I very much appreciate are waiting for the agreed-upon lan- going to be made regarding missile de- the statements made by Senator guage from both leaderships in order to fense would be occurring without this MCCAIN, Senator LIEBERMAN, and my arrive at a time for the vote. It is our treaty being in place. I don’t think colleague on the Foreign Relations understanding that other issues that there is a person in the world who has Committee, Senator CORKER, who has were part of the equation of when that debated seriously whether 1,550 war- worked diligently throughout the hear- vote might take place have been re- heads being deployed in any way af- ings, the markup, and this debate. solved. So, as a result, I think Senators fects this country’s national security. I ask unanimous consent to be added can anticipate that, hopefully, some- To those of you who may still be wa- as a cosponsor to the amendment that time soon that unanimous consent re- vering, I believe every issue that has they have offered, 4904, as modified. been raised has been answered strongly The PRESIDING OFFICER. Without quest will be propounded. Until then, Senators are free to talk and legitimately. We have put forth objection, it is so ordered. what our posture is on nuclear arma- The Senator from Alabama. on the treaty and I look forward to ments more clearly than we have done Mr. SESSIONS. Just briefly on the their comments. remarks about the missile defense, I Can I say one word, Mr. President? I in recent times. I hope people will have served as chairman of the Stra- apologize. come to the same conclusion, that this tegic Forces Subcommittee and rank- Earlier when I was thanking folks, I is good for the country. I thank all those who have allowed ing member and have been involved in meant to, and I neglected to because I me to be involved the way that I have. it for quite a few years. I think the lan- jumped over to thank Under Secretary I urge support, whenever the vote oc- guage affirms the continued develop- of State Ellen Tauscher. curs, for a treaty that I believe abso- ment of the two-stage, ground-based As we all know, she was a Member of interceptor. Then, I guess, I accept the the House, spent a lot of time on sepa- lutely makes our country safer. With language that says ‘‘as a technological rate issues. In fact, she chaired one of all these accommodations, at some and strategic hedge.’’ the subcommittees of the Armed Serv- point, it seems that the right thing to But I would just say to my col- ices Committee. She logged a lot of do is to say yes to yes. leagues, the reason we are at this point miles and worked her heart out to as- I yield the floor. The PRESIDING OFFICER. The Sen- is because, during the negotiations sist in the evolution of this treaty. She ator from North Dakota. with the Russians concerning the New has, as we all know, been fighting can- Mr. DORGAN. Mr. President, there START treaty, the administration, re- cer. She just recently had cancer sur- has been a great deal of discussion sponding to Russian objections about gery. We wish her well in her recovery about modernization this morning. I missile defense—which were so un- and express our gratitude to her for her have listened to much of it and was not founded and I could never fathom—the work. going to come to the floor, but I do administration agreed, in September of I yield the floor. want the record to show clearly what last year, unilaterally, and to the utter The PRESIDING OFFICER. The Sen- the numbers are on modernization. It surprise of Poland and the Czech Re- ator from Tennessee. is important to the future for us to un- public, to cancel the planned two-stage Mr. CORKER. Mr. President, I thank GBI that was to be deployed in 2016 in derstand what has been done and what the Senator from Massachusetts and is being done and what will be done. Poland. Senators MCCAIN and LIEBERMAN. It was a great embarrassment to our I chair the Appropriations Sub- There are probably still some folks committee that funds nuclear weapons allies. They had been negotiating with making up their minds on this treaty. us for many years on this project. They activities. I have spoken about this I think most people have debated this previously. It is very important going had stood firm for it, and the adminis- at length and discussed it at length off tration then promised this phase four forward that we all understand what the floor. not only this administration but the SM–3 Block 2B. But it was not on the Our side has raised a number of ques- drawing board, not under development, previous administration has proposed tions. We have tried to cross every t with respect to modernization. I agree and cannot be completed until 2020 if and dot every i. This has been done in we as a Congress fund it over that dec- with my colleague from Kentucky. It is a very methodical way. I thank the encouraging, at the end of this debate, ade. The President certainly will not chairman for the way he has worked be in office at that time. So I am un- that two bipartisan amendments rep- with us. I thank Senator LUGAR for his easy about this whole matter of missile resent the conclusion of this very im- longstanding leadership in this regard. portant debate. We often debate things defense. I thank the administration officials I think the administration made a that are of lesser importance or of who have absolutely bent over back- colossal error in giving up on the greater importance and sometimes ward to try to solve every problem that planned two-stage strategic policy. But don’t always see the difference between has come up. The administration has this language is better than no lan- the two. But this is one of those cases guage. I thank my colleagues for mov- not only solved problems for people where if we ratify the START agreeing forward with it. who might vote for the treaty, they ment today, when all is said and done, The PRESIDING OFFICER. The Sen- have tried to solve problems for people more will have been done than said. ator from Massachusetts. who they know will not vote for the That is very unusual in a political Mr. KERRY. Mr. President, I know treaty. We have some Members on our body. the Senator from North Dakota wants side who I know are still making up When I say ‘‘more will have been to speak on this a little bit. I thought their minds. I have been involved in done than said,’’ it is so unbelievably we might, if he was willing—we could this for a long time. I enjoyed this. I important to try to reduce the number accept the amendment and then the think this is an incredibly serious mat- of nuclear weapons and to stop the Senator would have an opportunity to ter. spread of nuclear weapons. But there is speak. I have two daughters and a wife I a subtext to all the other things we Mr. President, we are prepared to ac- love. National security is something have discussed, which is why I want to cept this amendment. that is important to all of us. None of put in the record the funding for the The PRESIDING OFFICER. The us wants anything bad to happen to nuclear weapons issues. That subtext is question is on agreeing to the amend- this country. But to my friends on this money, money related to national se- ment. side of the aisle who still may have curity. We are a country with a $13

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.054 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10958 CONGRESSIONAL RECORD — SENATE December 22, 2010 trillion debt. Modernization is expen- out here and say we ought to be pro- treaty, for that reason, should be re- sive. Yet it relates to our national se- viding robust funding for buildings jected. curity. National missile defense, which that are not even designed just makes Some say a defeat for the treaty we have heard a lot about, is very ex- no sense. Why, NNSA can’t have con- would harm the United States. I think pensive. I understand that also relates fidence in its funding needs until it the entire world would see the Senate to national security. But this issue of reaches about a 90-percent design point action as a resurgence of America’s getting our debt under control and our and that will be in 2013. historical policy of peace through fiscal policy under control is just as I listened this morning to this discus- strength and a rejection of a leftist vi- much a part of the national security sion and I think what the chairman has sion of a world without nuclear weap- interests of this country. done and what Senator KYL has done in ons. The negotiating posture state- The subtext to these discussions— reaching an agreement is fine. But I ments and actions of Russia indicate it modernization, missile defense—is want the record to show that this ad- is regressing sadly into an old Soviet about funding as well and getting this ministration has proposed robust in- mindset as it views the outside world. country’s economic house in order. creases in 2010, 2011, 2012, and for a 5- This is disappointing and indicative of Let me mention the issue of nuclear year period in these modernization ac- anything but the positive reset we hope weapons modernization. In fiscal year counts, life extension programs—ro- to achieve with them. It is extremely 2010, we were spending $6.3 billion on bust increases. Even that is not enough important for Russian and U.S. secu- the modernization program on nuclear for some. They want to put money into rity and world security, that Russia weapons activities. In fiscal year 2011, buildings that are not yet designed. sees its role as a positive force for it went to $7 billion, up 10 percent—so That doesn’t make much sense to me. peace and security. These negotiations, a 10-percent increase for the nuclear My point is, when we add up all of however, show the face of the old So- weapons activities in President this, the subtext is how are we going to viet Union. They have been so relent- Obama’s budget request. That 10-per- pay for it. Because it is easy to talk less in the way they have negotiated. cent increase was unusual because about authorizing, to talk about appro- Negotiations with any mature power, most accounts were flat or some had priating. The question is, Where does especially Russia, are difficult and se- cuts. But nuclear weapons got a 10-per- the money come from at a time when rious. This administration began with cent increase. The proposal for 2011, a we are borrowing 40 cents of everything a naive expectation that a treaty could $600 million increase but $7 billion we spend in this government? The be quickly achieved that would show total, was actually short-circuited and subtext of money and debt is also a sig- their leadership towards peace and a put in the continuing resolution. All nificant part of this country’s national nuclear-free world. The Obama admin- the other funding in the CR is flat security. If we don’t get our fiscal istration wanted to set an example for funding from the previous year. But house in order, all these debates will other nations to reduce their nuclear the funding for the nuclear weapons pale by comparison. We can’t lose our weapons towards a world without any programs at 10 percent higher was put economy and have a future collapse of nuclear weapons. We have heard this into the CR. Those programs and those the economy because the rest of the leadership and this setting of an exam- programs alone get the higher funding. world has very little confidence in our ple theme repeatedly from the Presi- That $7 billion was not all that was to ability to make smart decisions. We dent and the administration. But Rus- be spent. Another $4 billion emerged. I can’t risk all that and believe we are sia has not the slightest interest in heard about that on the radio while going to be a world economic power such vague concepts, nor in elimi- driving in North Dakota, that another moving forward. If we are going to re- nating all nuclear weapons. They have $4 billion had been put into this pot for main a world economic power—and we no idea or intention ever of relin- modernization. The additional funding can, and I believe we will—it will be be- quishing nuclear weapons. They are fo- from the 1251 report, which was pro- cause we start making some smart, cused on their own national interest, duced in the fall, means 2012 funding tough, courageous decisions. That is on coming out ahead in the negotia- would go from $6.3 billion in 2010, $7 more than just calling for more money, tions for military, political, psycho- billion in 2011, to $7.6 billion in 2012. more spending, which was most of this logical, and hegemonic reasons. That is a $1.2 billion increase in 2 morning’s discussion. It seems clear to me that Russia got years. I don’t object to the amendment. My what it wanted and President Obama Linton Brooks, the fellow who ran colleagues have raised important got a treaty paper which strategically the National Nuclear Security Admin- issues. But it is important to under- means very little but can be touted as istration and who did a good job in stand we have made great progress on a victory for peace. that role, said: the modernization funding programs in So this is what I have concluded dur- I would’ve killed for this kind of budget. the past months, and this administra- ing this debate—and the debate has He is referring to $1.12 billion in- tion has moved very aggressively to been helpful—the debate has caused me crease and two 10 percent increases, meet those needs and meet those con- to think through a good bit of this. A while much of the other budget was cerns. That is important with respect longer debate at a different time of the flat. We are talking about $85 billion to the public record. year, I think, could have helped all of for the next decade on these weapons I yield the floor. our colleagues. I do not believe the suc- activities, an increase of $8.5 billion in The PRESIDING OFFICER. The Sen- cess in negotiation of the treaty will in the next 5 years over what was por- ator from Alabama. any way make the Russians more coop- trayed in the 2010 budget. We are talk- Mr. SESSIONS. Mr. President, I have erative, as the administration has re- ing about a lot of additional money given a lot of thought to the treaty, peatedly suggested. that has been committed. It shows a and having been involved in missile de- Russia has been inconsistent at best commitment to build two nuclear fa- fense and nuclear issues serving on the in helping the United States with the cilities that were discussed earlier. I Strategic Forces Subcommittee of danger of nuclear Iran and North want to mention them because it is im- Armed Services, as ranking member Korea—the gravest threats to peace in portant to understand what we are and chairman, many of the provisions the world, with military action being doing, the uranium processing facility in the treaty are acceptable and should undertaken against our ally, South at the Y–12 production complex and the pose no threat to our national security. Korea, in recent weeks, and with the chemistry and metallurgy research re- But considered as part of the adminis- real possibility of an attack on Iran’s placement facility at Los Alamos. tration’s stated foreign policy and stra- nuclear weapons that, hopefully, can be There were moneys in the 2012 budget tegic policy and in relation to the re- avoided. in construction funds for these two fa- ality of the world situation today, I do Why has Russia not been more coop- cilities, not as much as some would not believe the treaty will make us erative? They blocked a resolution con- want in the Senate. But the fact is, the safer. I think that is a good test. demning North Korea Sunday in the design of these two facilities is only 45 I disagree with my colleagues who U.N. Russia attacked Georgia, a sov- percent complete. We don’t fund things are overly confident that this is going ereign nation, and continues to occupy that are 45 percent designed. To come to make the world safer. I believe the Georgian territory. This shocking act

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.040 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10959 of aggression condemned by inde- much better if that were so, but it is The conditions that might make possible pendent bodies goes without any real not. President Obama has made zero the global elimination of nuclear weapons U.S. response. Georgia is a pro-Amer- nuclear weapons a cornerstone of our are not present today and their creation defense policy. It has, amazingly, al- would require a fundamental transformation ican, free market, independent nation of the world political order. whose attack was calculated and delib- ready been made a centerpiece of our They went on to say this: erate. military policy, being advanced by con- Russia continues to work to under- crete steps today. Presidents, Com- All of the commission members believe that reaching the ultimate goal of global nu- mine the pro-Western democracy manders-in-Chief, have the power to clear elimination would require a funda- movement in the Ukraine. They con- make such monumental changes in pol- mental change in geopolitics. tinue a host of actions that evidence a icy, and this President is certainly Maybe the Second Coming. long-term plan to effect a real or de doing so. Others have dismissed this concept as facto reabsorption of these three na- The change is seen most seriously in a wild chimera. French President tions into what was the old Soviet the critically important Nuclear Pos- Sarkozy, from one of our European al- Union. ture Review produced in April 2010 by lies, France, said this: the Defense Department. This docu- So these ominous trends, it seems to It [our nuclear deterrent] is neither a mat- me, have not been seriously considered ment is a formal document produced by ter of prestige nor a question of rank, it is throughout this quest for the treaty. the new administration’s Defense De- quite simply the Nation’s life insurance pol- The events do not give me confidence partment. The determination to pursue icy. that the treaty, therefore, is a positive the zero nuclear weapons vision is seen He made clear they had no intention step for the United States, the world, throughout this review. Amazingly, of giving that up. or for peace. there are 30 references in that docu- Secretary James Schlesinger, back Secondly, as I noted, and I will not ment to a world without nuclear weap- when President Reagan was meeting in go into detail now, the administration ons. Reykjavik over nuclear issues, made conceded the two-staged, ground-based The NPR begins with an introductory this wise comment: interceptor site that would have been letter from Secretary of Defense Gates, Nuclear arsenals are going to be with us as established in Poland, that would pro- the second sentence of which says this: long as there are sovereign states with con- vide redundant protection to the As the President said in Prague last year, flicting ideologies. Unlike Aladdin with his United States from an Iranian missile a world without nuclear weapons will not be lamp, we have no way to force the nuclear and protected virtually all of Europe achieved quickly, but we must begin to take genie back into the bottle. A world without concrete steps today. nuclear weapons is a utopian dream. from an Iranian missile. That was The Executive Summary further given away unilaterally by the admin- Keith Payne, who served on this nu- drives the issue home. The first sen- istration without prior warning to our clear commission, writing recently in tence in the Executive Summary re- allies in Poland and the Czech Repub- the National Review, said: calls that President Obama, in Prague, lic. They heard about it in the paper. The presumption that United States move- highlighted nuclear dangers and said: ment toward nuclear disarmament will de- They realized the United States had liver nonproliferation success is a fantasy. gone behind them, our allies, and made The United States will seek the peace and security of a world without nuclear weapons. On the contrary, the United States nuclear a deal with the Russians. It was a very The first sentence in the second para- arsenal has itself been the single most im- unfortunate event, indeed. portant tool for nonproliferation in history, The plan that has been talked graph of the NPR is particularly omi- and dismantling it would be a huge setback. nous and even chilling to me. Posture about—the fourth phase of the SM–3 Remember the commission. Phased Adaptive Approach—is not even Reviews are defense reviews, and by Jonathan Tepperman, in Newsweek, on the drawing board and is unlikely to their nature are bottom-up reports, said: driven by threat assessments and the actually survive. It would be difficult And even if Russia and China (and France, requirements necessary to defend to see it surviving in five different Britain, Israel, India, and Pakistan) could be America. These reviews historically budget cycles over the next 10 years it coaxed to abandon their weapons, we’d still are objective analyses from experts, would take to develop that system. We live with the fear that any of them could not political reports. The troubling walked away from one that could be quickly and secretly rearm. line reads: deployed soon. Gideon Rachman, in Financial I offered a sense-of-the-Senate reso- The 2010 Nuclear Posture Review (NPR) Times, said: outlines the Administration’s approach to The idea of a world free of nuclear weapons lution to make clear the Senate does promoting the President’s agenda for reduc- not concur in an ill-conceived vision of is not so much an impossible dream as an ing nuclear dangers and pursuing the goal of impossible nightmare. the administration that would move us a world without nuclear weapons. to a world without nuclear weapons. I William Kristol, writing in the Wash- This statement reveals the whole ington Post, in October, said: thank Senators KYL, LEMIEUX, truth. The NPR is the President’s pol- Yet to justify a world without nuclear CORNYN, CHAMBLISS, and INHOFE for co- icy, sent from the top down, not the sponsoring the amendment. While I weapons, what Obama would really have to bottom up. Stunningly, the report envision is a world without war, or without will not insist on a vote at this hour, lacks a clear focus on the only objec- threats of war. . . .The danger is that the al- this matter will be a significant sub- tive that counts: Securing a nuclear ar- lure of a world without nuclear weapons can ject for the future. senal second to none that can, under be a distraction—even an excuse for not act- Thirdly, I would suggest the treaty is any circumstances, deter attacks on ing against real nuclear threats. . . .So while promoted as a step towards a world and defend the United States and its Obama talks of a future without nuclear free of nuclear weapons. This is a fan- allies. weapons, the trajectory we are on today is tastical idea that goes beyond insig- Fourthly, the Obama vision of a toward a nuclear—and missile-capable North nificance, it is dangerous. Basing any world without nuclear weapons has not Korea and Iran—and a far more dangerous world. policy, especially a nuclear policy, on been well received. Indeed, the breadth an idea as cockamamie as zero nuclear of the criticism from experts and world Others have also written about this. David Von Drehle, writing in Time weapons in the world can only lead to leaders is noteworthy. confusion and uncertainty. Confusion Two years ago, Congress adopted an Magazine, said: and uncertainty are the polar opposites amendment I proposed that called for a A world with nuclear weapons in it is a commission to review the strategic scary, scary place to think about. The indus- of the necessary attributes of security trialized world without nuclear weapons was and stability. These are the essentials posture of the United States. It was bi- a scary, scary place for real. But there is no of good strategic policy: security and partisan and chaired by former Secre- way to un-ring the nuclear bell. The science stability. taries of Defense Dr. William Perry and and technology of nuclear weapons is wide- Thus, the Obama policy creates a Dr. James Schlesinger. The commis- spread, and if nukes are outlawed someday, more dangerous world. Some say the sion powerfully dismissed the idea of a only outlaws will have nukes. President’s zero nukes policy is just a world without nuclear weapons. In Kenneth Waltz, leading arms con- distant vision, some vague wish, so somewhat diplomatic but clear and troller and professor emeritus of polit- don’t worry. The situation would be strong language, they said this: ical science at UC Berkeley, said:

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.055 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10960 CONGRESSIONAL RECORD — SENATE December 22, 2010 We now have 64 years of experience since clear arsenal, is displaying a naivete ropean competition. It is a bill that Hiroshima. It’s striking and against all his- beyond imagining. specifically targets a major job-cre- torical precedent that for that substantial Since this treaty is a calculated step ating project—the Air Force’s aerial period, there has not been any war among in the President’s plan to achieve dan- refueling tanker contract—as a place nuclear states. gerous and unacceptable policies, this where we can begin to restore fairness Importantly, the administration’s treaty must not be ratified. The treaty for our aerospace workers. This bill planned further diminishment of our and the policy behind it must be re- says that in awarding that critical nuclear stockpile—further diminishing jected. tanker contract, the Pentagon must it from these numbers—and President I thank the Chair and yield the floor. consider any unfair competitive advan- Obama’s hostility to the utility of nu- The PRESIDING OFFICER. The Sen- tage aerospace companies have, and clear weapons generally has caused a ator from Massachusetts. there is no bigger unfair advantage great deal of unease among our non-nu- Mr. KERRY. We are shortly going to right now in the world of international clear allies. These nations are not so propound a unanimous consent request. aerospace than launch aid. open about their concerns, but the I have been saying that a couple of As my colleagues may know, launch problem is a very real one. times now, but we really are shortly aid is direct funding that has been pro- The American nuclear umbrella, our going to do it. There are several Sen- vided to the European aerospace com- extended deterrence, has allowed our ators who wish to speak. I would like pany Airbus from the treasuries of Eu- allies, free democratic nations, to re- to see if we could set up an order for ropean governments. It is what sup- main nuclear free, without having nu- them. ports their factories and their workers clear weapons. But if the Obama policy I ask unanimous consent that the and their airplanes. It is what allows continues, the Perry-Schlesinger re- Senator from Washington proceed for them to price their airplanes far below port concludes real dangers may await: 10 minutes, then the Senator from those that are made here in the United If we are unsuccessful in dealing with cur- Texas for up to 10 minutes, then the States and still turn a profit. It is what rent challenges, we may find ourselves at a Senator from North Dakota for 5 min- allows them to literally role the dice tipping point, where many additional states utes. I ask unanimous consent also conclude that they require nuclear deter- and lose on a product and what sepa- that each of those Senators would rates them from American aerospace rents of their own. If this tipping point is allow the interruption for the pro- itself mishandled, we may well find ourselves companies, such as Boeing, that bet pounding of the unanimous consent re- faced with a cascade of proliferation. the company on each new airplane line quest if it comes during the time they The nuclear commission—President they produce. In short, it is what al- are speaking. lows them to stack the decks against Obama appointed a number of the The PRESIDING OFFICER (Mrs. American workers. Members on the Democratic side—said HAGAN). Without objection, it is so or- that if our allies who feel they have dered. In July of this year, the World Trade been protected by our nuclear umbrella Mr. KERRY. I thank the Chair. Organization handed down a ruling in a become uncertain, we could be faced The PRESIDING OFFICER. The Sen- case that the United States brought with a cascade of proliferation. Is that ator from Washington. against the European Union that fi- what we want? I know the President DEFENSE LEVEL PLAYING FIELD ACT nally called launch aid what it really wants nonproliferation. I know that is Mrs. MURRAY. Madam President, I is: a trade-distorting, job-killing, un- what he wants. I am not attacking his rise this afternoon to call on the Sen- fair advantage. That is what the WTO goal. Throughout my remarks, I am ate to move and pass H.R. 6540, which said. It is one of our Nation’s most im- raising the question of whether these is the Defense Level Playing Field Act, portant trade cases to date. The WTO goals will be furthered by the actions a bill which was passed overwhelm- ruled very clearly that launch aid is il- of this treaty and these policies or ingly by the House of Representatives legal, it creates an uneven playing whether they will not. yesterday. field, it has harmed American workers One final concern. The administra- This is a bill that is identical to a bi- and companies, and it needs to end. tion has made it clear that this trea- partisan provision I have introduced Specifically, the WTO found that Eu- ty’s nuclear reductions are just the here in the Senate with Senators ropean governments have provided Air- first step in a long march to a nuclear- BROWNBACK, CANTWELL, and others bus with more than 15 billion Euros in free world. Assistant Secretary Rose from States that know the value of launch aid, subsidizing every model of Gottemoeller, who negotiated the trea- American aerospace. It is a bill that aircraft ever produced by Airbus in the ty, said in April: will require the Pentagon to take into last 40 years, including, by the way, the We will also seek to include non-strategic, account illegal subsidies to foreign A330—the very model they are now put- non-deployed weapons in future reductions. companies in our country, and that ting forward in the tanker competi- Assistant Secretary of Defense for will finally deliver an even playing tion. The WTO ruled that France and International Security Affairs and field in our procurement process. Germany and Spain provided more former Ambassador Alexander But above all, this is a jobs bill. It is than 1 billion Euros in infrastructure Vershbow a few weeks ago said that about protecting skilled, family-wage and infrastructure-related grants be- the administration, in follow-on talks, jobs, manufacturing jobs, and engineer- tween 1989 and 2001, as well as another will seek further reductions in stra- ing jobs—jobs with technical skills and billion in share transfers and equity in- tegic, nondeployed, and nonstrategic expertise that are passed down from fusions into Airbus. They ruled that weapons. And the President has said one generation to the next; jobs that European governments provided over 1 that repeatedly. not only support our families during a billion in Euros in funding between 1986 We Senators, in the end, only have very difficult economic time but are and 2005 for research and development our judgment. My best judgment tells also helping to keep our communities directed specifically to the develop- me that if our weapons fall too low in above water. These are jobs in commu- ment of Airbus aircraft. In fact, the numbers, such an event could inspire nities in Kansas, in Connecticut, in Lexington Institute states that launch rogue and dangerous lesser nuclear California, and in my home State of aid represents over $200 billion in to- powers to seek to become peer nuclear Washington. They are jobs that sup- day’s dollars in total subsidies to Air- competitors to the United States—a port small businesses, they pay peo- bus. dangerous event for the entire world. ple’s mortgages, and they create eco- Launch aid has very real con- Thus, I must conclude that the Obama nomic opportunity. These jobs right sequences. It has created an uphill bat- plan is to diminish the power and lead- now are at risk. Why? Because of ille- tle for our American workers and ership of the United States. Carefully gal subsidies that undercut our work- American aerospace as a whole. Be- read, this is what the goal does. I think ers and create an uneven playing field cause of launch aid, our workers are this conclusion cannot be disputed. The for America’s aerospace workers. now not only competing against rival leader of the one nation that has been This is a commonsense, straight- companies, they are competing against the greatest force for freedom and sta- forward way to protect American aero- the treasuries of European govern- bility in the world, with our large nu- space jobs from unfairly subsidized Eu- ments. At the end of the day, that has

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10961 meant lost jobs at our American aero- mous consent that the Senate proceed is that the Senator from Washington space companies and suppliers and the to the immediate consideration of H.R. had 10 minutes. My understanding is communities that support them. 6540, which was received from the she had completed that 10 minutes; am I have been speaking out against Eu- House and is at the desk; that the bill I incorrect on that? rope’s market-distorting actions for be read three times and passed; the mo- The PRESIDING OFFICER. Her time many years because I understand that tion to reconsider be laid upon the has expired. these subsidies are not only illegal, table with no intervening action or de- Mrs. BOXER. I didn’t hear the Chair they are deeply unfair and anti- bate; and any statements relating to say that. I thank the Chair. competitive. the matter be printed in the RECORD. The PRESIDING OFFICER. The Sen- My home State of Washington is, of The PRESIDING OFFICER. Is there ator from Texas. course, home to much of our country’s objection? Mrs. HUTCHISON. I ask the Senator aerospace industry, and I know our Mr. SESSIONS. I object. from Alabama, I thought he was ob- workers are the best in the world. On a The PRESIDING OFFICER. Objec- jecting on Senator MURRAY’s time, and level playing field, they can compete tion is heard. I was next in the unanimous consent. and win against absolutely anybody. The Senator from Alabama. My question is, is he finished with his But, unfortunately, Airbus and the Eu- Mr. SESSIONS. Madam President, I objection? ropean Union have refused to allow fair appreciate the loyalty of my colleague Mr. SESSIONS. I wish 1 additional competition. Instead, they use their from Washington for the Boeing facil- minute to wrap up, if I could, and then aerospace industry as a government- ity that is there. I just want to say I will yield the floor. funded jobs program, and they use bil- that other workers are involved, in- Mrs. MURRAY. Madam President, lions in illegal launch aid to fund it. cluding 48,000 new jobs that would be then I ask unanimous consent for an So let me be clear about one thing. created if the plant in Alabama were to additional minute. The objective of this bill that was be the one selected in this competition. The PRESIDING OFFICER. Is there passed overwhelmingly by the House of As a member of the Armed Services objection? Representatives yesterday is not to Committee, I would note that we voted Without objection, it is so ordered. limit competition; it is to make sure a number of years ago unanimously to Mr. SESSIONS. Madam President, I everyone can compete on a level play- have a competition. There are only two have the floor, I believe. ing field. Airbus has made it clear they companies in the world that can make The PRESIDING OFFICER. The Sen- will go to any lengths to hurt our coun- this kind of aircraft. It is a commercial ator from Alabama is recognized. try’s aerospace industry. We need to aircraft, not a highly sophisticated de- Mr. SESSIONS. Madam President, make it clear we will take every action fense system such as a fighter. The after this competition has been going to stop them because this is not only EADS team committed to build that in on for quite a number of years, and about the future of aerospace; it is America—bringing jobs not just to Ala- both parties have been very seriously about jobs right now that will help our bama but jobs all over the Nation, far competing for this contract, it is ex- economy recover. In fact, as we look at more around the Nation than just in pected to be awarded in March of next ways to stimulate job growth and keep Alabama—and to create a third major year. The Defense Department has con- American companies innovating and world aircraft facility. Congress asked sidered every one of these issues, in- growing, we shouldn’t look any further that the bids be competitively let and cluding the WTO issue. The lawyers than this bill. that these two competitors be given a talked about it and we have talked This bill is a commonsense policy. It chance to submit the best proposal. about it in the Senate and the House. makes sure U.S. Government policy I am highly convinced that the EADS At this very last minute, on the eve translates to Pentagon policy because aircraft is superior—is larger, it is of awarding the competition, a House the fact is that the U.S. Government, newer—and more effective in the role bill was passed without any debate. We through our Trade Representative, has it is asked to fulfill. have not discussed it or had a hearing taken the position that Airbus sub- Mrs. MURRAY. Madam President, I on it. It should not be approved. I ob- sidies are illegal and unfair. Yet, on would just ask what the order is at this ject. the other hand, the U.S. Department of point. I yield the floor. Defense is ignoring that position as we The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec- look to purchase a new tanker fleet, ator sought recognition after he ob- tion is heard. and that does not make any sense—not jected. Mrs. MURRAY. Madam President, we for our country, not for our military, Mrs. MURRAY. The unanimous con- are asking for a level playing field with and certainly not for our workers. The sent agreement was that the Senator a bill that passed the House. This is a WTO made a fair decision. Airbus sub- from Texas would proceed after I had discussion we have had many times. It sidies are illegal and anticompetitive. yielded the floor, which I had not yield- says that illegal subsidies from any Now the Department of Defense needs ed. company should be taken into account to take that ruling into account. The PRESIDING OFFICER. At this on a deal in front of the Pentagon. When I go home and talk to our aero- time, the Senator from Alabama was I will stand anytime and fight for space workers in Washington State, I the only person who sought recogni- fairness and competition. I am sorry want to be able to tell them we have tion. this has been objected to, because it evened the stakes. I want them to Mrs. MURRAY. Madam President, I meant our country would have a fair know their government is not looking believe there was an agreement that competition. the other way as policies continue to the Senator from Texas follow my re- I yield the floor. undercut their jobs and their opportu- marks. The PRESIDING OFFICER. The Sen- nities. I want them to know that while The PRESIDING OFFICER. There ator from Texas is recognized. they are working to secure our country was an order, but there was no objec- Mrs. HUTCHISON. Madam President, by producing the best airplane in the tion. There was no one who sought rec- I rise to speak on the START treaty. I world, their government is doing every- ognition. spoke on the floor Saturday stating my thing it can to make sure fair opportu- Mr. SESSIONS. I will wrap up, brief- concerns about this treaty and the nities are there that will keep them on ly, if I could. need to address a number of very im- the job. Mrs. HUTCHISON addressed the portant issues. I had hoped that It is time to take these job-killing chair. amendments that had been offered subsidies into account. It is the right The PRESIDING OFFICER. The Sen- would be able to clarify the position— thing to do for our workers, for our ator from Texas. the United States position—on this economy, and the future of our air- Mrs. HUTCHISON. If the Senator treaty. space industry. from Alabama wants to finish his ob- I have listened to the debate. I have UNANIMOUS CONSENT REQUEST—H.R. 6540 jection— watched many amendments go down. So I ask, as if in legislative session Mrs. BOXER. Mr. President, par- The treaty supporters have said that and as if in morning business, unani- liamentary inquiry: My understanding these amendments are deal killers,

VerDate Mar 15 2010 03:20 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.057 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10962 CONGRESSIONAL RECORD — SENATE December 22, 2010 treaty killers. I disagree. I believe ev- fense capabilities. That is exactly what clear warheads could be used in the erybody has been sincere, but I am not the Russian statement said we could worst-case circumstance, because I persuaded that the Senate’s role to ad- not do. think that is a deterrent. vise and consent to treaties has suc- U.S. planning and force requirements Because of these things, I am going cessfully finetuned the understanding may have to change in the next 10 to vote no today on the ratification of on our part, if we accept this treaty, years and, frankly, I think they ought the treaty. I think the Senate could nor the Russian positions—have they to be going forward right now to ensure have improved the understanding of been clarified with our objections or that we can withstand any kind of war- this treaty. I think we could have disagreements with the Russian posi- head, nuclear or otherwise, that would strengthened it with real amendments tion. come in from rogue nations. that would have strengthened even I understand it would have made it That in itself is enough for me to say what the President said in his letter to hard for the administration to amend we have not fulfilled our responsibility the Senate, saying that he disagreed the text. But even amendments that under the Constitution for advice to with the Russian interpretation. But would try to amend the preamble, or the President on treaties. That is our then when we tried to put that in writ- even the ratification resolution that solemn responsibility, and I do not ing, that didn’t pass. So I believe we would clarify the United States posi- think we have been successfully able to should not pass this treaty today. I tion, have caused me great pause. For do that because we have been blocked think we can fulfill our responsibility instance, when we are talking about on every amendment, calling them deal for advice and consent and have a more missile defense, former Secretary of killers. bipartisan passing of the resolution. I State Condoleezza Rice, in a Wall I think a strong New START is in our think we need a good relationship with Street Journal op-ed, said: best interest. But I believe that this Russia. I think we need to protect, at Russians tend to interpret every utterance treaty does not address other areas of all costs, the United States unilateral as binding commitment. concern I have voiced as well. I believe capability for missile defense for our She went on to write: this treaty could further be improved country against other nations. I don’t think Russia is a threat, but I do think The Russians need to understand that the by increasing the number of type one U.S. will use the full range of American tech- and type two inspections, as was at- rogue nations that have nuclear capa- nology and talent to improve our ability to tempted by the Inhofe amendment that bilities are. I think the symbiotic rela- intercept and destroy the ballistic missiles was defeated yesterday. tionship between Venezuela and Iran is of hostile countries. For instance, we know there are a very real threat to the United States. I am concerned that this treaty still loose nukes that have come from Rus- I think we need to start preparing has a lot of misunderstanding about sian arsenals in the past, because the more carefully about that. the United States missile defense capa- Russians have not had a clear control, I know my time is up. I appreciate bility. I am concerned that our capa- or list of, or don’t seem to be totally the time to state my reasons for voting bility, with the understanding of Rus- firm about where all of their arsenal is, against this and hope that when it sians, would be restricted. Russia and and they don’t seem to have the ac- passes—which I think it will—we will the United States each have issued uni- countability. So the loose nukes, it has be more firm in clarifying with the lateral statements when they signed been reported, have shown up in other Russians our view of our national secu- the New START that clarified their po- places, such as, for instance, North rity interests. sition on the relationship between Korea. So I think verification becomes I yield the floor. The PRESIDING OFFICER. The Sen- START and missile defense. Russia more important, to get a true idea of ator from North Dakota is recognized. stated: exactly what the Russians have, so Mr. KERRY. Madam President, first, The treaty can operate and be viable only there can be an accountability going if I can interrupt for a moment before if the United States refrains from developing forward to assure that whatever num- the Senator from North Dakota speaks, its missile defense capabilities quan- ber are in whatever place would always titatively or qualitatively. according to the prior order. I want to stay the same, unless they are part of inform Senators that it is now 1:15. We I think we should state clearly in the the drawdown. are awaiting language which is forth- resolution to ratify that it is not the I think the verification amendment coming relatively soon on the 9/11 position of the United States to place Senator INHOFE had that was defeated issue. I think it is the intention of the any limitations on missile defense. The would have improved our capability to majority leader to vote very quickly President wrote a letter saying he dis- understand exactly what was out there after that unanimous consent agree- agreed with the Russian position and, that might loosely go to Iran or North ment comes together. That means we yet, Senator MCCAIN offered an amend- Korea, with whom the Russians have could have a vote, conceivably, on the ment that would have stricken lan- relationships, though we do not. final passage of the resolution of ratifi- guage in the preamble of the treaty Former Secretary of State James cation on the treaty somewhere—this that would have made it clear what the Baker described the treaty’s verifica- is a guess—within the vicinity of 1:45 United States position was, and that tion regime as weaker than its prede- to 2 o’clock. That is a guess. Senator amendment was not adopted by this cessor. I agree with his comment, and I KYL I know wanted to speak prior to body. hope we can improve the situation. To that taking place. We are trying to pre- As we speak, I don’t believe Russia is be fair, Secretary Baker supports the serve that within the order. That said, our enemy. This is a 10–year treaty. We treaty. But he did recognize its short- I yield to the Senator from North Da- don’t know 10 years down the road how comings, and I think that should have kota. relationships might change. I believe been addressed by the Senate, without The PRESIDING OFFICER. The ma- our relationship with Russia is impor- fear of what the Russians might say jority leader. tant, but there are rogue nations in the about our capability to defend against Mr. REID. Madam President, we ex- world that are hostile to the United threats, not from Russia necessarily, pect to have the necessary papers to States, which are working in earnest to other than the haplessness of not complete the consent agreement with- get nuclear capability and possibly al- knowing for sure where your nuclear in the next 15 minutes. It is 1:15 now, so ready have it, plus warheads to put weapons are—I don’t think Russia is we hope by 1:30. Sometimes Senate those nuclear weapons on. our enemy. I want a relationship with time is not exactly right, but we are With the threat of a nuclear-armed Russia. getting very close to being able to do Iran or North Korea, or Pakistan, The missile defense we were not able this consent agreement. It has been which is our ally, which has a fragile to even clarify in the resolution of rati- typed. We are waiting for the papers to government, or even Venezuela, which fication causes me great concern. The come from the Hart Building. is working with Iran and is certainly verification not being as adequate as I We want everyone to be patient. We within our hemisphere, it would be unthink we need, and then the moderniza- know how anxious everyone is to com- thinkable to have any kind of tion, which we also address in other plete the business of this Congress. miscommunication about the United amendments, I think, are also problem- Just everyone understand it should be States capability to control its own de- atic. I believe we must know our nu- not much longer.

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.059 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10963 The PRESIDING OFFICER. The Sen- My colleague seemed to suggest that of losing even just one nuclear weapon. ator from North Dakota. it would be a horrible thing if the en- I have told the story about a CIA agent Mr. DORGAN. Madam President, I tire world were rid of nuclear weapons. code-named Dragonfire who reported 1 was not going to speak again, but I was I hope that every Senator would aspire month after 9/11 that a 10-kiloton nu- prompted to by my colleague from Ala- to have that be the case, a world in clear weapon had been stolen from Rus- bama, a friend and someone for whom I which there was not one weapon left, sia and that nuclear weapon had been have great respect. The presentation for almost surely every offensive weap- smuggled into New York City and was by my colleague from Alabama sug- on on this planet has always been used. to be detonated. There was an apoplec- gested that President Obama is moving We need to be very concerned about the tic seizure in this town about it be- in the direction of disarming us, the number of nuclear weapons, the spread cause no one knew what to do about it. implication is that of injuring our na- of nuclear weapons, the need, the de- They did not even notify the mayor of tional security by proposing that we sire for terrorists to acquire nuclear New York. have fewer nuclear weapons. Let me weapons. That is why these treaties They discovered a month later that make a point that I think is so impor- and these negotiations on arms reduc- was probably not a credible piece of in- tant for the record. tion are so unbelievably important. formation. But as they did the diag- I hope it is not now or ever consid- Never has it been more important be- nosis of it, they discovered it is plau- ered a source of weakness for this cause now there is a new threat. They sible someone could have acquired a 10- country to aspire to have a planet with do not wear uniforms. They do not be- kiloton nuclear weapon from Russia, it fewer nuclear weapons. It ought to be a long to one country. It is the terrorist was plausible; if they had done that, source of strength that we understand threat. And they strive mightily to ac- they could have smuggled it into an it becomes our burden as a world lead- quire nuclear weapons. American city and if terrorists did that er—an economic leader and nuclear This treaty negotiated at the start they could have detonated it. Then we power—to try to reduce the number of by the previous President and con- are not talking about 3,000 deaths, we nuclear weapons on this Earth. cluded by this President, in my judg- are talking about 100,000, 200,000 This President has not proposed any- ment, strengthens this country, rep- deaths. thing that would injure our national resents our best national security in- The work we have done in so many security. He is not proposing anything terests. areas, the work in this administration, that is unilateral. He has negotiated I ask the question of anyone who be- let me say, to secure loose nuclear ma- and his team has negotiated a very lieves that it is a threat for us to begin terials, circumstances where pluto- strong arms reduction treaty with the reducing nuclear weapons through nium or highly enriched uranium in Russians. arms negotiations with others who the size of a liter or, in one case, in the I know there has been great discus- have nuclear weapons: Who, if not us, size of a small can of soda, enough to sion about modernization, whether will lead the way to do that? If not us, kill tens and tens of thousands of peo- there is enough money, about why tac- who? Is there another country they ple with a nuclear weapon—this is seri- tical nuclear weapons were not in- think will aspire to provide leadership ous business. At a time when we debate cluded, the issue of whether it limits us to reduce the number of nuclear weap- a lot of issues—serious and not so seri- with respect to missile defense. All of ons? If there is, tell us the name be- ous—this is serious business. those issues have been answered. All cause we all know better than that. I think the work that has been done have been responded to. This responsibility falls on our shoul- by the chairman and ranking member The question, it seems to me, for us ders. We are the leading nuclear power in recent days—I watched a lot of this now and for all Americans, and par- on this Earth. It is our responsibility, and watched it over this year—is ex- ticularly those who serve in Congress it is this country’s responsibility to traordinary work. But so too is the in the future, is will we be a world lead. I don’t ever want anybody to sug- work by this President, by the nego- leader in pushing for a reduction in the gest it is some sort of weakness for this tiators. My colleague described the number of nuclear weapons on this President or any President to engage folks at the State Department who had planet? in arms reduction negotiations. That is a significant role as well. There are some 25,000 nuclear weap- a source of strength. Let us not ever think it is a source of ons on this planet. The loss of just one This treaty was negotiated carefully. weakness to be negotiating verifiable of those weapons, into the hands of a I was on the national security working reductions in nuclear weapons among terrorist or rogue nation who might group. We had briefing after briefing in those who possess them. That is a then explode it in a major city on top-secret venues. This treaty was source of strength, and it is important Earth would change everything. carefully negotiated. It represents our for our kids and grandchildren who can My colleagues are probably tired of best interests. It represents a reduction succeed by continuing to do that with hearing me say it, but in my desk I of nuclear weapons, a reduction of de- treaties that make the best sense for have kept a piece of a Soviet Union livery vehicles and represents, in my this country’s national security inter- bomber, a very small piece of a wing judgment, another step in reducing the ests. strut from a Soviet Union bomber. We nuclear threat. It is not even a giant I see the Senator from Massachusetts did not shoot it down. We negotiated step, but it certainly is a step in the does not yet have a unanimous consent that bomber down by paying money to right direction. request, but I know all my colleagues saw the wings off. This represents our best national se- are anxious to see one. Nuclear arms reduction treaties curity interests, and this President has I yield the floor, and I expect, as the work. We know they work. There are demonstrated, yes, he wants a world majority leader indicated, within the Russian submarines that were not de- with fewer nuclear weapons. He wants next half hour or so we will be voting, stroyed in battle. We ground them up a world, as would I, with no nuclear and I think that is good news. I yield and took them apart. The wings were weapons at some point. But this Presi- the floor. sawed off bombers, and they were sold dent would never allow negotiations or I suggest the absence of a quorum. for scrap. Nuclear missiles in silos with never allow circumstances in which The PRESIDING OFFICER. The nuclear warheads aimed at American this country is unarmed or unprepared clerk will call the roll. cities are gone. or unable to meet its national security The assistant legislative clerk pro- I will give an example. One was in needs. He has not done that, not in this ceeded to call the roll. Ukraine. Now sunflower seeds adorn treaty, and will not do it in the future. Mr. MERKLEY. Madam President, I that pasture where there was a missile I did want to stand up and say that ask unanimous consent that the order with a nuclear weapon aimed at Amer- because of the comments earlier by the for the quorum call be rescinded. ica. Senator who suggested there is some The PRESIDING OFFICER. Without We know these arms reduction trea- sort of weakness for a country that as- objection, it is so ordered. ties work because we have seen them pires to have a reduction of nuclear INTEREST ON LAWYER TRUST ACCOUNTS work. Fewer nuclear weapons, fewer weapons on this planet. Mr. MERKLEY. Madam President, I delivery vehicles, bombers, sub- Let me finally say, I have spoken at rise to discuss and ask unanimous con- marines, missiles—we know this works. length on this floor about the severity sent for consideration of H.R. 6398. I

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.061 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10964 CONGRESSIONAL RECORD — SENATE December 22, 2010 will get to the unanimous consent lan- all 50 States participate with these ac- duciary responsibilities, would have guage in a moment, but right now I counts. had to withdraw their funds from these want to describe what this is about. In Oregon, we have, first, the associa- accounts and put them in other non-in- Then I wish to yield to my colleague tion of Oregon Legal Services Program, terest-bearing accounts, to no benefit from Georgia to add a little bit of the its primary source of civil legal assist- to anyone and to a great deal of harm impact of this issue. ance available to low-income Orego- to so many. The issue is this: In all 50 States in nians. To give a sense, if a woman is f America, lawyers have to put clients’ having a big challenge with domestic funds into trust accounts. Under the violence, she can get legal aid through INTEREST ON LAWYERS TRUST law, they are not allowed to earn inter- this type of assistance. If a family is ACCOUNTS est on these accounts. Over time, an trying to struggle with a mistake on a Mr. MERKLEY. Madam President, I arrangement has been worked out foreclosure process so they can save ask unanimous consent, as if in legisla- whereby the banks pay interest, but it their home, they can get assistance tive session and as if in morning busi- does not go to the clients; it goes to through this program. They have 20 of- ness, that the Senate proceed to the fund civil legal services for those who fices throughout the State of Oregon to immediate consideration of H.R. 6398, cannot afford those services. serve Oregonians living in poverty. which was received from the House and This arrangement is in great jeop- Second is the Juvenile Rights is at the desk. ardy if we do not pass this bill today. I Project. This provides legal services to The PRESIDING OFFICER. The will expand on that jeopardy in a mo- children and families through indi- clerk will report the bill by title. ment, but at this point I simply am vidual representation in juvenile court The assistant legislative clerk read going to yield to my colleague from and school proceedings to help children as follows: Georgia. who are in extraordinarily difficult cir- A bill (H.R. 6398) to require the Federal De- The PRESIDING OFFICER. The Sen- cumstances. posit Insurance Corporation to fully insure ator from Georgia. A third is Disability Rights Oregon, Interest on Lawyers Trust Accounts. Mr. ISAKSON. Madam President, I the Oregon Advocacy Center, which as- There being no objection, the Senate thank the Senator from Oregon. This is sists those who are disabled, who are proceeded to consider the bill. very important work, and we are in our victims of abuse or neglect, or have dif- Mr. MERKLEY. Madam President, I late hour. Sometimes we do our best in ficulty acquiring health care or need to ask unanimous consent that the bill be the late hour. exercise their rights in regard to spe- read three times and passed, the mo- The unintended consequence of the cial education. They can turn to the tion to reconsider be laid upon the Dodd-Frank legislation with regard to Oregon Advocacy Center-Disability table, with no intervening action or de- IOLTA is it not being extended and we Rights of Oregon for help. bate, and any statements related to the are going to literally have thousands of In addition, these funds pay for legal- bill be printed in the RECORD. escrow accounts held by law firms and oriented education for our K–12 stu- The PRESIDING OFFICER. Without attorneys, real estate transactions, dis- dents. Let me give an example of three objection, it is so ordered. pute resolution transactions, and bene- programs in Oregon. These programs The bill (H.R. 6398) was ordered to a ficial programs that will have to be assist 15,000 students in our State. third reading, was read the third time, spread among many more banks be- One is the High School Mock Trial and passed. cause the insurance level, which is now Competition. This type of mock trial Mr. MERKLEY. Madam President, I limited, drops to $250,000. It would competition is an enormous learning wish to thank the Chair and my col- force the transfer of escrow account exercise for our students in how our league from Georgia who understood money out of any number of banks. At courts function and how the facts of a and presented so effectively the impact a time when capital is critical in small case are presented and how the prin- on our community banks that are community banks, the unintended con- ciples of law are applied. working hard to get funds out to our sequence might have been to take them Then we have the summer institute Main Street businesses so we can cre- below tier one capital requirements training for teachers so that social ate jobs and put our economy back on and put them in a stress situation. studies teachers can learn more about track. I commend the distinguished Senator the role of law and be more effective in The PRESIDING OFFICER. The Sen- from Oregon for his work on this legis- conveying that vision to our students. ator from Georgia. lation. I thank the Senator from Lou- Then I also want to mention the We Mr. ISAKSON. Madam President, I isiana, Mr. VITTER, for his consent for The People Program on the Constitu- commend the Senator from Oregon and us to bring this forward. I give whole- tion and Bill of Rights. Here in this thank him for his help on this impor- hearted support to the unanimous con- Chamber, we discuss the Constitution tant issue for people all over the sent request. and the Bill of Rights virtually on a United States, not just in Oregon and I yield back to the Senator. daily basis. Virtually every day on this Georgia but around the country. This The PRESIDING OFFICER. The Sen- floor, we discuss how these founding is a great effort, and I commend him on ator from Oregon. documents affect how our laws are ap- it. Mr. MERKLEY. Madam President, I plied and how freedoms are protected f appreciate so much the partnership of in the United States of America. This my colleague from Georgia. He has laid program helps our children learn those TREATY WITH RUSSIA ON MEAS- out clearly the impact of a failure to fundamental principles. Sort of the URES FOR FURTHER REDUCTION fix this legislation on our community heart and spirit of the American demo- AND LIMITATION OF STRATEGIC banks where lawyers, exercising their cratic world are conveyed through this OFFENSIVE ARMS—Continued fiduciary responsibilities, would have We The People Program. Mr. ISAKSON. Madam President, I to move their trust accounts out of I also wish to commend a whole host wish to take an additional minute, if I these special accounts where the inter- of banks in Oregon that have agreed might—the chairman of the Foreign est goes to legal services and legal edu- not only to pay interest on these law- Relations Committee is on the floor— cation and into no-interest-bearing ac- yer trust accounts—and IOLTA stands to say, in addition to my statement I counts so that no one gains from that for interest on lawyer trust accounts— made 2 days ago in a speech on the movement. In the course of it, they but to pay 1 percent, which is above floor with regard to the START treaty, would be moving funds often from com- the going rate on most types of trans- that I wish to thank the chairman and munity banks to other institutions, action accounts. They do that because the ranking member of the Foreign Re- imperiling these community banks. they benefit from the deposits, and lations Committee for the accommo- I wish to address the other side of they know their communities benefit dating process from day one in April this issue, which is the important work from these services and these pro- until today, where the treaty will ulti- these funds do in all 50 States. I will grams. mately pass on the floor of the Senate. speak specifically to the State of Or- This legislation will resolve a prob- Legislation is about improving ideas egon, but there are parallels because lem in which lawyers, applying their fi- and making sure the interest of the

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.062 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10965 American people and the United States clear and present danger to America. Surprisingly, American negotiators of America is protected. Through the Our Cold War Presidents—Truman formalized a link in the protocol be- work of Senators LUGAR and KERRY, we through Clinton, Republicans and tween limiting defenses against missile have been able to craft amendments to Democrats—backed policies of a strong attack and maintaining forces to carry the resolution of ratification on the defense, with alliances with our friends out such a strike. Perversely, this START treaty that ensure missile de- and diplomacy with the Soviets. But agreement now stands for two prin- fense and modernization—the two con- much has changed since the 20th cen- ciples: No. 1, the United States and tentious points on this legislation tury ended over a decade ago. While Russia should reduce their nuclear which came from the committee—are the Russians still have an impressive arms, on which we all agree, and No. 2, not only taken care of, but they are arsenal, they are shadows of their the United States should recognize buttoned down and they are clear. And former shadow, dropping from 290 mil- policies to maintain the viability of a I thank the chairman and the ranking lion people to 140 million people and Russian attack. This second principle member for their willingness to do so. from a gross domestic product of $2.6 turns the purpose of the treaty on its I want to let everyone who is listen- trillion in 1990 to $2.1 trillion in 2010. head. It weakens the future defense of ing and those who will read the reports The nuclear national security threat our Nation. The treaty would support a of this debate know that this has been for the new 21st century moved beyond policy that we must not improve our a 7-month process, not a 9-day process, Russia to include Iran and North defenses to such a degree as to defeat a and it has been a detailed process. It Korea, soon to be armed with nuclear Russian attack. has been the work of the will of the weapons and missiles to deliver them. Much of this has had little impact on people of the United States of America, While the Russians are heavily actual defense plans regarding Russia. armed, they present a relatively stable and the U.S. Senate has worked its Russia presents a relatively stable, sta- face to the outside world. They have will. When it is ratified today, it will tus quo face to the international com- the capability to attack, but they cur- be a step forward in the future for my munity. It also maintains a nuclear rently lack the intent. On any given children and grandchildren. force which would quickly overwhelm year, their leaders appear adverse to During my campaign when I ran for any planned system of defense. But a risk and unready to commit national reelection this year, I made the fol- policy of limiting missile defense has a suicide. The same cannot be said for lowing statement: The rest of my life is tremendous impact on our ability to Iran, North Korea, and other nations about doing everything I can do to see thwart an attack from less responsible that present a far less rational face to to it that the lives of my children and powers, such as Iran or North Korea. the international community. Looking Given the actions of Iranian and North grandchildren are safer, more secure, at such potentially irresponsible lead- and as affluent as my life has been be- Korean leaders, I would argue these ers, it is incumbent on us to go beyond countries represent the more impor- cause of my parents and grandparents. idealistic diplomacy and mount a de- Today, in this ratification, we are en- tant danger to the future of the United fense against an attack which may be States and our allies in this new cen- suring that we will be strong in our leveled against our people or our allies. strength, we will trust but we will tury. The lives of millions and the cause of In the 20th century, the argument verify. We will make sure we can fight, freedom depend on our assessment of about the defense of the Nation against if necessary, but we will also make this threat and how we respond. an attack by missiles took on a divided sure we are accountable. And most im- Recall that nuclear technology rep- and partisan tone. President Reagan portant of all, with regard to the big- resents the science of the 1930s, missile proposed ‘‘missile defense,’’ while con- gest threats we face—terrorism and technology from the 1960s. Since the gressional Democrats opposed ‘‘Star loose nuclear materials falling into the laws of physics cannot be classified, Wars.’’ hands of a rogue nation—we will be a countries bad and good will all one day Much of the disagreement ended in safer country because of this, and I have the means to develop powerful ar- the late 1980s and 1990s when Iraq at- thank the chairman and ranking mem- senals based on the last century’s tacked Iran and then Israel with mis- ber because of it. science. It is the sacred mission of the siles. I thank the chairman for his time, democracies to understand this change, Over time, careful observers noted and I yield back. to measure its danger, and to eliminate that missile defense was important not The PRESIDING OFFICER. The Sen- an attack should one of these smaller, just to the health of Israel but to its ator from Illinois. less rational countries attack. survival. Mr. KIRK. Madam President, I rise to In such an environment, an agree- When Russia attacked Georgia, it oppose the START treaty because it ment to limit the nuclear arms of the used a great number of missiles to de- recognizes limits on U.S. missile de- United States and Russia is helpful but liver blows against that little country. fenses in return for marginal reduc- does not concern the new danger As this century winds on, more coun- tions in the Russian arsenal. At the emerging against the people of the tries will see these realities of the 21st moment when the U.S. and allies must West. If we can lower nuclear arms to century, eventually including the build missile defenses to protect levels where we still maintain a dev- United States. against Iran, this treaty generates astating counterpunch against a ra- The administration’s unsteady mis- Russian pressure for America to go tional opponent who is uninterested in sile defense plans also concern me. I slow or risk Russia’s departure from national suicide, then a nuclear war am concerned about the missile defense the agreement. with that country remains unlikely actions taken by the current adminis- If you take the President’s Senate and the cost of our armaments is re- tration. When it took office, it can- missile defense letter at face value, duced. If that agreement also causes us celled plans to enhance the missile de- then America would deploy defenses not to build defenses against an irra- fenses of the United States itself that that will trigger a Russian treaty exit. tional opponent who may attack any- were based in Alaska and California. I am concerned that to prevent a Rus- way, then we have committed a griev- To the great embarrassment of our al- sian treaty withdrawal, the United ous national error. lies in the Czech Republic and Poland, States will move slower on building de- I initially favored the goals of the it cancelled plans to deploy radars and fenses against Iran just when we need START treaty. The treaty is an echo two-stage ground-based interceptors to move faster. from the 20th century and had a mar- (GBIs). I would note that history has The most important duty of the Fed- ginal utility in improving the defense been unkind to Western leaders that eral Government is to defend Ameri- of the United States. Unfortunately, abandon Poland. cans against foreign attack, and the the negotiations to produce this treaty The administration also began an ef- most important mission under that took a turn that was not well perceived fort to cancel funding for the ‘‘Arrow duty is to protect American families by the press or public. The Russians III’’ interceptor being jointly developed from the most dangerous nations that used these negotiations intended to im- with Israel. Thanks to the late Chair- could carry out such an attack. prove the defense of the United States man of the House Defense Appropria- In the mid-20th century, we agreed as a means to preserve their ability to tions Committee, Jack Murtha, the ef- that the Soviet Union represented a attack. fort to kill Arrow III was reversed and

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.063 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10966 CONGRESSIONAL RECORD — SENATE December 22, 2010 full-funding came to the Arrow III pro- treaty, like an end to full-time compli- I was most inclined to support the in- gram despite the President’s early ance monitoring inside Russia. tent of this treaty to improve relations wishes. There are also details of the treaty between the United States and Russia Once the negative reaction of our itself that concern me. Under previous on the subject of collapsing the Iranian hurt Polish allies was known, the ad- treaties, the United States had a full- regime and its nuclear weapons pro- ministration responded with a four- time monitoring presence in Votkinsk. gram. Undoubtedly, the administration part plan to calm Europe using sys- This was eliminated. We will no longer earned good marks in getting the Rus- tems inferior to the GBI anti-missiles have full-time monitors in Russia. sians to cancel the delivery of one key originally proposed by the last admin- Also, an end to telemetry from new piece of air defense equipment—an istration and current Secretary of de- Russian missiles. Under previous trea- anti-aircraft missile battery called the fense. The inartfully coined European ties, the United States and Russia S–300—to Iran. This was an unqualified ‘‘Phased-Adaptive’’ approach involved shared all the information transmitted success. anti-aircraft systems patched together by their test missiles in flight, called Unfortunately, there are many more in a rather ad hoc fashion. We now plan telemetry. While our spy satellites, failures where the press paid little to begin by sailing U.S. Navy Aegis planes and ships can gather some of note. We believe the Russians are still cruisers near European coasts followed this information, there is nothing like delivering other pieces of air defense by a decade and the possible deploy- getting it straight from the missile’s equipment to the Iranians. That is why ment of a to-be-built Navy missile in- mouth. Telemetry is key to under- the Russians insisted on exempting terceptor that does not yet exist, standing the capability of a new mis- such deliveries from the new U.N. sanc- called the ‘‘Standard Missile 3, block sile, especially its maneuvers to drop tions against Iran. Russian equipment IIA’’. off one or more nuclear warheads. will likely be used to defend Iran’s nu- I contacted our Missile Defense Agen- Under this new treaty, this data was clear sites, the very programs we are cy and asked if the originally planned lost. The Russians will not provide te- most worried about that violate Iran’s GBIs for Poland could have stopped an lemetry from their new missiles under commitment to the U.N. Nuclear Non- attack by Iran against the United this treaty. Their only obligation is to Proliferation Treaty. States. They answered yes. share telemetry from five missile What is most surprising is the ac- We checked if any one of the new flights a year and they will likely pick tions of the Russians since the negotia- ‘‘Phased-Adaptive’’ stages could stop a old missiles to do this. tion of this treaty. They know we, the similar intercontinental attack by Iran We are told we lost the capability to Europeans and Israelis are most wor- against the U.S. They answered Phase I collect the telemetry of new Russian ried about the nuclear program of Iran. could not, Phase II could not, and missiles because while the Russians are Despite these well-publicized concerns developing many new models, we are Phase III could not. and numerous U.N. resolutions against not. Given that telemetry would report In fact the only phase that could en- the Iranian nuclear program, the Rus- mainly on new Russian developments gage a missile launched by Iran against sians chose this year and this country and not American, our negotiators the U.S. was not until Phase IV by the to provide nuclear fuel to the Iranian IIB missile that did not yet exist that gave up. They should not have given up. The reactor at Bushehr. As that Russian re- would be deployed far later than the collection of telemetry from new Rus- actor begins operation, plutonium pro- original GBIs proposed. sian missiles had long been enshrined duction will begin inside Iran. While The problem goes deeper. I asked the the Russians promise that the Iranians MDA to compare the capabilities of the in arms control treaties. This precedent was well established and should will not be able to use this plutonium originally proposed two-stage GBIs to in Iranian bombs, can we be assured hit an Iranian missile against the fu- have been continued. There are inspections, but only 18 per that these promises will be honored? ture final Phase IV SM–3 JIB. The year. We are told that the new treaty Would not it have been better to never MDA replied with this graph. It shows will offer the unprecedented inspection begin plutonium production in Iran at that the original, longer range GBIs of actual missile warheads. This is all? would have a full 4-minute window to true. Under the old treaties, we simply I am also concerned about new ideas hit and destroy an incoming Iranian counted the number of missiles the coming from the administration on missile bound for New York City. The Russians had using our spy satellites missile defense and the Russians. Long SM–3 IIB, which has a shorter range, and assumed each missile was packed ago, President Clinton proposed U.S- would have only 3 minutes. In short, with as many warheads as the missile’s Russian cooperation in space. That co- the administration’s new proposed mis- flight tests and telemetry showed. operation led to a dependence so that sile has 25 percent less time to defeat Now we will get to inspect actual soon, the U.S. will lack any way to an incoming Iranian attack than the missiles—but only 18 per year. The launch astronauts. We cannot send our originally proposed missile. No wonder Russians have hundreds. At the rate own astronauts to our own space sta- our Polish allies supported the original the treaty allows, the full inspection of tion without the permission of the Rus- plan. the Russian arsenal of 800 launchers sians. I worry that some of these changes would take over 40 years. In discussions regarding this treaty, I were made to curry favor with the Rus- I asked administration officials how learned that the administration is now sians. I am concerned that the pre- many hours notice the Russians would planning to bring the Russians inside amble to the START treaty would be have before Americans conducted an the missile defenses of NATO. Russia is used to reduce or block the efforts of actual warhead inspection. In all cases, the very nation that used missiles to the Congress to upgrade the defenses of they would have 24 hours or more no- attack Georgia—a country applying for the United States. In short, I am wor- tice that the Americans were coming. membership in NATO. I am sure the ried that while this treaty reduces the After extensive briefings on Russian Georgians would be uncomfortable at smaller threat of attack by Russia, it cheating against previous arms control best seeing Russians manage the mis- creates a Russian block for plans to treaties—most flagrantly the treaty sile defense of their little nation. eliminate the larger threat from Iran. banning biological weapons—it should The U.S. offer to bring the Russians The Russians clearly stated that if we give you pause that the United States into NATO’s missile defenses was em- mount defenses that could defeat their gave up collecting telemetry on the bodied in an offer at the recent NATO attack, they would pull out of the trea- flight of every Russian missile in re- conference in Lisbon. Nearly all Ameri- ty. The problem is that to eliminate turn for the inspection of 10 missiles cans are fully aware of Russian spying the threat from Iran and North Korea, per year and that only after a full day’s against the United States military for we will have to do so. In this case, notice. the last 70 years. We know that Russia what is the value of the treaty? It We are also told that this treaty is has one of the most active cyber-at- clearly helps the Russians but if it needed to improve Russian inter- tack networks on the planet operating blocks or delays our effort to protect national behavior. In my view, a treaty against U.S. networks. It would seem against Iran, does it help us? I am also should only be signed to reward good that a proposal to bring the Russians concerned with other aspects of this behavior, not to encourage it later. into the missile defense system of

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.021 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10967 NATO would introduce powerful new agreement that, while laudable in its this Congress held 20 hearings and opportunities for espionage against us, very modest goals, went awry at the briefings on this new treaty. This Con- as well as a greater understanding of negotiating table. gress hosted several all-Member brief- our defense capabilities and weak- Mr. President, I yield the floor. ings including one such session with nesses. Mr. LEVIN. Madam President, on the Director of National Intelligence, Imagine a Russian officer in a NATO April 8, 2009, President Obama and James Clapper, to get his views on the missile defense center. He will soon President Medvedev concluded negotia- importance of the treaty. The next learn when our system is alerted, how tions, which had begun under President Congress will not have the benefit of it processes information, what our re- Bush, and signed the New START trea- all that work and insight. It is in fact sponse times are and the estimated ac- ty. This new treaty is a key part of the the obligation and the duty of this curacy of our interceptors. These are reset of the U.S.-Russian relationship. Congress to take up this treaty. the things he would learn during his Even though the Cold War ended 20 When President Obama submitted first week inside our operations center. years ago, this relationship has been the START treaty to the Senate for We can only imagine what else he unclear; Russia is not an adversary but consideration he made six key points. would learn over the coming years. neither is it an ally. There have been The treaty will enhance the national Remember that the warning informa- divides and disagreements even though security of the United States. tion from NATO is critical to the de- we share many common goals and in- The treaty mandates mutual reduc- fense of the United States. If the Rus- terests. President Obama is rightly in- tions and limitations on the world’s sians managed to spoof or block crit- tent on moving the relationship in a two largest nuclear arsenals. ical NATO missile warning data, then more positive direction. Ratification of The treaty will promote trans- U.S. commanders defending our home- the New START treaty is an important parency and predictability in the fu- land would become weaker, not strong- part of this process. ture strategic relationships of Russia er due to Russian presence in NATO On May 13 of this year, President and the United States. missile defense centers. Obama submitted the New START The treaty will enable each party to Recall that missile combat is the ul- treaty to the Senate. In carrying out the treaty to verify that the other timate ‘‘come as you are’’ affair. In a its responsibility the Senate Foreign party is complying with its obligations struggle between continents, the battle Relations Committee, the Senate through a regime of onsite inspections, will be joined within 30 minutes. When Armed Service Committee and the Sen- notifications, comprehensive and con- submarine or medium-range missiles ate Select Committee on Intelligence tinuing data exchanges, and provisions are employed, battle can start in as lit- held a total of 20 hearings and 4 brief- for unimpeded use of national tech- tle as 10 minutes. If we have Russians ings. Seven hearings and three brief- nical means. in the system who found American ings were held by the Armed Services The treaty includes detailed proce- weaknesses or deployed problems, U.S. Committee. Even before the new treaty dures for elimination or conversion of commanders will have only minutes to was submitted to the Senate, the De- treaty accountable items, and diagnose and fix those problems before partment of State provided the Senate The treaty provides for the exchange the gravest consequences befall our National Security Working Group mul- of certain telemetric information on people and allies. tiple briefings on the status of and ballistic missile launches. The next Congress will favor missile issues discussed during negotiations. Equally important to this discussion defense programs to a far greater de- It is now time for the Senate to pro- is what the START treaty does not gree than this one. I plan to encourage vide its consent to ratification. As Ad- cover. this body and especially the House miral Mullen, the Chairman of the It does not limit U.S. missile defense with legislation to deny funding for Joint Chiefs of Staff, said about the plans and programs. any effort to bring Russians into the START treaty on December 12, ‘‘this is It does not limit U.S. conventional missile defenses of NATO or the United a national security issue of great sig- prompt global strike programs. States. nificance and the sooner we get it done It does not provide authority within I respect the opinions of Senators on the better.’’ The Director of National the treaty to modify the terms and both sides of this question. It is my Intelligence is also eager to get this conditions of the treaty without the judgment that safety of the American treaty finished and restore the insight advice and consent of the Senate. people is better off if we work to elimi- into Russian nuclear forces that this It does not constrain in any way the nate the new dangers of the 21st cen- treaty will provide and that is so im- ability of the United States to mod- tury rather than focus on the old portant for the intelligence commu- ernize the nuclear weapons complex, agreements of the 20th century. In my nity. Director Clapper said, ‘‘the soon- modernize, maintain, or replace stra- view, the growing dangers of Iran and er, the better. From an intelligence tegic delivery systems, or the ability North Korea threaten the American perspective, we are better off with the to ensure that the stockpile of U.S. nu- people most. Therefore, the missile de- Treaty than without it.’’ Retired Gen- clear weapons remains safe, secure, and fense programs of the United States eral Brent Scowcroft, the National Se- reliable. and our allies take precedence over an curity Adviser for both Presidents Ger- It also does not cover nonstrategic agreement whose protocol limits our ald Ford and George H.W. Bush, and a nuclear weapons—often referred to as defenses by acknowledging the need to supporter of the Treaty, said, ‘‘to play tactical nuclear weapons. The START preserve the ability of Russia to attack politics with what is the fundamental treaty covers, as have all previous nu- the United States. national interest is pretty scary stuff.’’ clear arms reduction treaties, strategic While most of us were born in the Some have suggested that this new offensive nuclear arms. Dealing with 20th century and we loved black and treaty should not be taken up in this tactical nuclear weapons is certainly white TV, the ‘‘Ed Sullivan Show’’ and lameduck session of the 111th Congress. an area of arms control that needs to the ‘‘Honeymooners,’’ we recognize I couldn’t disagree more. Almost as be addressed but has proved elusive to that time has passed and we must soon as this session of Congress began, previous administrations, Democratic adapt to the new world of the Internet, the President announced his intent to and Republican. It remains to be ad- Ipad and Ichat. The 20th century doc- complete negotiations on the new stra- dressed. trine of nuclear Mutually Assured De- tegic arms agreement to replace the The START III treaty was to have struction against the Soviet Union is START I treaty. Various Senate com- covered these weapons but when the part of our past and not part of a fu- mittees of this Congress and the Sen- START II treaty, which was signed by ture involving Taepo Dong II missiles ate National Security Working Group President George H.W. Bush and Rus- from North Korea and Shahab III mis- of this Congress were briefed on numer- sian President Boris Yeltsin in 1993, siles from Iran. ous occasions by the negotiating team was not ratified, any hope of address- I would urge the administration to on the new treaty. This Congress got ing tactical nuclear weapons in a devote the time and attention of our the updates on the progress and the START III treaty died along with the able diplomats to ending the Iranian issues and this Congress provided guid- START II treaty. 17 years later Presi- nuclear program rather than this ance along the way. The committees of dent Obama is trying to get nuclear

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.023 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10968 CONGRESSIONAL RECORD — SENATE December 22, 2010 arms reductions back on track, by re- reductions to reach the force levels Chilton, the Commander of the U.S. suming discussions with Russia and under the treaty and that the Russians Strategic Command. signing the START treaty. Hopefully, will have to make no reductions. Ac- For example the United States cur- entry into force of this START treaty cording to GEN Chilton this argument rently has 76 B–52 bombers and 18 B–2 will allow the United States and Russia is a distraction. At an Armed Services bombers, a total of 94 nuclear capable to discuss an agreement on tactical nu- Committee hearing GEN Chilton com- bombers. Under the current plan for clear weapons. While getting an agree- mented on the lower level of Russian implementing the treaty there will be ment to limit tactical nuclear weapons forces and said: up to 60 nuclear capable bombers. The will be very difficult, without ratifica- New START limits the number of Russian remaining 34 can be converted to con- tion of the New START treaty, it will ballistic missile warheads that can target ventional only capability and will no be impossible. the United States, missiles that pose the longer count under the treaty. They do Because this treaty does not require most prompt threat to our forces and our na- not have to be destroyed. I think this tion. Regardless of whether Russia would any significant reductions in either fact is often misunderstood and there U.S. nuclear weapons or delivery sys- have kept its missile force levels within those limits without a New START Treaty, may be an impression that the 34 tems, it is a fairly modest treaty. bombers will have to be destroyed The so-called Moscow Treaty, which upon ratification they would now be required to do so. under the treaty. That is not the case. was signed in 2002 by President George While the START treaty will also not This past May, Secretary of Defense W. Bush and Russian President Boris Gates wrote an op-ed in the Wall Street Yeltsin, limited both Russia and the require significant reductions in the number of U.S. strategic delivery sys- Journal. Drawing on his long history United States to a range of operation- and involvement with strategic arms ally deployed nuclear warheads by the tems, there will be some reductions but control agreements, which dates back year 2012. Under the Moscow Treaty, not for 7 years. More importantly the to 1970, Secretary Gates said that the each side could have between 1700 and START treaty will provide certainty question is always the same for each 2200 total operationally deployed nu- for both Russia and the United States treaty: ‘‘Is the United States better off clear weapons. Russia has already met as to the size of the deployed nuclear this goal and the United States is very force of the other. This is particularly with an agreement or without it?’’ close. Under the START treaty, each important to the United States because With respect to the START Treaty side will have no more than 1550 de- Russia is now below the proposed deliv- Secretary Gates’ answer to the ques- ployed nuclear weapons, a reduction of ery system limits of the START trea- tion is unequivocal: ‘‘The United just 150 weapons below the Moscow ty, but has plans to build the number States is far better off with this Treaty Treaty. The START treaty does not of strategic delivery systems. It is very than without it.’’ limit the number of nondeployed nu- much in the interest of the United That is also the issue now before the clear weapons, an issue of importance States to have a cap on that build-up. Senate. Is the United States better off to the Commander of the U.S. Stra- An unrestrained build up would quick- with this START treaty? The 20 hear- tegic Command, GEN. Kevin Chilton. ly bring back the ghosts and burden- ings and 4 briefings have clearly dem- The limits in this treaty were agreed some costs of the Cold War. onstrated that it is. to after careful analysis by U.S. mili- Under this new treaty, Russia and In that same op-ed, Secretary Gates tary leadership, particularly GEN the United States will each have a emphasized the current state of affairs Kevin Chilton, the Commander of the total of 800 deployed and nondeployed that has existed since the end of De- U.S. Strategic Command and the man ICBM launchers, SLBM launchers, and cember 2009 when the START I treaty responsible for these strategic systems. heavy bombers equipped for nuclear ar- expired. Since that time, there has At a hearing before the Armed Serv- maments, and 700 deployed ICBMs, de- been no verification and inspection re- ices Committee on July 20, 2010, GEN ployed SLBMs and deployed heavy gime, no visibility into the Russian Chilton stated that the force levels in bombers equipped for nuclear arma- strategic programs, and no limits on the treaty meet the current guidance ments. The treaty does not limit non- delivery vehicles. As the Secretary for deterrence for the United States. deployed nuclear warheads, non- said: That guidance was laid out by Presi- deployed ICBMs, nondeployed SLBMs, Since the expiration of the old START dent George W. Bush or heavy bombers that are not Treaty in December 2009, the U.S. has had The options we provided in this process fo- equipped for nuclear armaments. This none of these safeguards. The new treaty will cused on ensuring America’s ability to con- is particularly important for the B–1B put them back in place, strengthen many of tinue to deter potential adversaries, assure bomber fleet, as those airframes have them, and create a verification regime that our allies, and sustain strategic stability for will provide for greater transparency and not been in nuclear service for many predictability between our two countries, to as long as nuclear weapons exist. This rig- years and will not be counted under the orous approach, rooted in deterrence strat- include substantial visibility into the devel- egy and assessment of potential adversary START treaty when simple modifica- opment of Russian nuclear forces. capabilities, supports both the agreed-upon tions are completed. This rigorous inspection and This START treaty brings a practical limits in New START and recommendations verification regime, which when cou- approach to strategic systems and in the Nuclear Posture Review (NPR). pled with our national technical counts real delivery systems and real The strategic deployed forces allowed means, will allow this treaty to be warheads. Over the years, the old under the treaty will ensure the reten- monitored and verified. Nevertheless START I treaty had resulted in exag- tion of the nuclear triad—all three de- there has been an argument made that gerated nuclear force numbers. For in- livery legs of the triad, bombers, Russia cheated on the START I treaty stance, under the old START I treaty, SLBMs, and ICBMs. On that point GEN and therefore we shouldn’t ratify the the four Ohio class submarines that Chilton was very clear, saying ‘‘We will new treaty. According to the State De- have been converted to conventional retain a triad of strategic nuclear department that is simply not the case. use, were still counted as 96 deployed livery systems.’’ In testimony before the Armed Serv- SLBMs and 768 deployed nuclear war- Secretary of Defense Gates has also ices Committee in July, Assistant Sec- heads. These exaggerated force struc- been very clear that the nuclear triad retary of State Rose Gottemoeller said, ture levels have led to uncertainties for will be maintained. In an op-ed in May regarding the State Department’s 2010 military planners and increased costs in the Wall Street Journal, Secretary Treaty Compliance Report: Gates said the New START treaty for the United States. Under this trea- I want to point out that Russia was in ‘‘preserves the U.S. nuclear arsenal as ty they will not be counted. compliance with START’s central limits a vital pillar of our nation’s and our al- One of the additional benefits of this during the Treaty’s life span. Moreover, the lies’ security posture. Under this trea- START treaty is that the treaty pro- majority of compliance issues raised under ty the U.S. will maintain our powerful vides a clear mechanism to remove sys- START were satisfactorily resolved. Most re- nuclear triad . . . and we retain the tems from being counted under the flected differing interpretations on how to ability to change our force mix as we treaty. The ability to clearly and eas- implement START’s complex inspection and see fit.’’ ily remove systems, such as heavy verification regime. Some have said that the United bombers from under the treaty, is also The old START I treaty was a com- States will have to make significant of great importance to General plicated and complex treaty, many of

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.012 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10969 the lessons learned from the inspec- Secretary of State Clinton, in testi- and our authorization bill stated that tions during the course of that treaty mony before the Armed Services Com- fact. Section 221(b)(8) of the Ike Skel- have been incorporated into the new mittee on June 17 said: ton national Defense authorization bill treaty. There were issues on both sides. This Treaty does not constrain our missile for fiscal year 2011 that we passed this According to the 2010 Treaty Compli- defense efforts. I want to underscore this be- morning in the Senate states, ‘‘there ance Report: cause I know there have been a lot of con- are no constraints contained in the The United States stated on several occa- cerns about it and I anticipate a lot of ques- New START Treaty on the develop- sions to our Treaty partners that the United tions. ment or deployment of effective mis- States was compliant with the Treaty; how- During that same hearing Secretary sile defenses, including all phases of ever as might be expected under a Clinton went on to say: the Phased Adaptive Approach to mis- verification regime as complex as START, The Treaty’s preamble does include lan- sile defense in Europe and further en- the United States and Russia developed a dif- guage acknowledging the relationship be- ference of views with regard to how the sides hancements to the Ground-based Mid- tween strategic offensive and defensive course Defense system, as well as fu- implemented certain Treaty requirements. forces, but that’s simply a statement of fact. This is not the same as cheating. It too does not in any way constrain our mis- ture missile defenses.’’ Our senior military leaders believe sile defense programs. To be very clear there is one provi- the new treaty can be monitored and In a July 20 hearing before the Armed sion in the treaty that prohibits each verified and that if Russia did cheat Services Committee, GEN Kevin side from using ICBM silos or SLBM there is high confidence that any Chilton, the Commander of the U.S. launchers for missile defense intercep- cheating could be detected before such Strategic Command said: tors, and vice versa. But using these cheating rose to a level of military sig- As the combatant command(er) also re- silos and launchers are not in our mis- nificance. General Chilton said during sponsible for synchronizing global missile sile defense plan and should not be in testimony before the Armed Services defense plans, operations, and advocacy, I our plan because it would be very much Committee, ‘‘New START will reestab- can say with confidence that this treaty does against our interest to use strategic lish a strategic nuclear arms control not constrain any current or future missile missile interceptor silos for ballistic verification regime that provides ac- defense plans. defense purposes. It would be more excess to Russian nuclear forces and a Assistant Secretary of State, Rose pensive than building new silos, the measure of predictability in Russian Gottemoeller, the lead negotiator of strategic missile silos aren’t in the force deployments over the life of the the Treaty, in testimony before the right locations to defend against mis- treaty.’’ Senate Foreign Relations hearing on siles from North Korea, and most im- In a discussion on the ability to de- June 10, said: portantly, it would be destabilizing to tect cheating I asked General Chilton, The Treaty does not constrain our current launch ballistic missile interceptors ‘‘In other words, the verification provi- or planned missile defense and, in fact, con- from ICBM silos or SLBM launchers. sions give you confidence that Russia tains no meaningful restrictions on missile Lieutenant General O’Reilly, the Di- cannot achieve a militarily significant defenses of any kind. rector of the Missile Defense Agency, advantage undetected?’’ General Later, on July 29, in testimony be- has made clear, we don’t want, need, or Chilton said: ‘‘Yes, that’s correct.’’ fore the Armed Services Committee, Assistant Secretary of State Rose Assistant Secretary Gottemoeller said: plan to use such silos for missile de- Gottemoeller, in her July testimony There were no—and I repeat—no secret fense purposes. In a June 16 hearing be- before the Armed Services Committee, deals made in connection with the New fore the Senate Foreign Relations made it clear that any cheating could START Treaty, not on missile defense nor on Committee, Lieutenant General any other issue. be detected before it became militarily O’Reilly made it very clear saying ‘‘re- significant. She also believes that the As the Ballistic Missile Defense Re- placing ICBMs with ground-based United States is well positioned to view report made clear, the adminis- interceptors or adapting the sub- deter cheating as well. In that regard tration is pursuing a variety of sys- marine-launched ballistic missiles to she said: tems and capabilities to defend the be an interceptor would actually be a setback—a major setback—to the de- Deterrence of cheating is a key part of the homeland and different regions of the assessment of verifiability, and is strongest world against missile threats from na- velopment of our missile defenses.’’ when the probability of detecting significant tions such as North Korea and Iran. A That one limitation has no impact on violations is high, the benefits to cheating good example of that is the phased our plans for missile defense, plans are low, and the potential costs are high. We adaptive approach to missile defense in that are more effective and less expen- assess that this is the case for Russia cheat- Europe. The Secretary of Defense and sive than converting ICBM or SLBM ing under the New START Treaty. the Joint Chiefs of Staff recommended silos to missile defense use. One of the areas on which we have it unanimously. It is strongly sup- had substantial discussion is missile ported by our NATO allies. The Novem- There is one other area of the many defense. The U.S. missile defense pro- ber 20, NATO Lisbon Summit Declara- that have been discussed in connection gram isn’t covered or limited by the tion says that ‘‘the United States Eu- with the START treaty that I would New START treaty. It—the missile de- ropean Phased Adaptive Approach is like to raise, and that is modernization fense program—has nevertheless be- welcomed as a valuable national con- of the nuclear weapons complex and come a major focus of the debate on tribution to the NATO missile defense maintaining the ability to certify an- the treaty. Our missile defense pro- architecture.’’ nually that our stockpile remains safe, grams and policies are based on devel- During the NATO Lisbon Summit secure and reliable. oping and fielding the missile defense NATO announced its own decision to Shortly before Congress instituted a capabilities we need to meet the mis- build a missile defense system to pro- moratorium on nuclear weapons test- sile threats we face, not on any of tect European populations and terri- ing in the early 1990s, the United these treaty matters. The New START tory against missile attack, consistent States established a stockpile steward- treaty does not limit the missile de- with the phased adaptive approach. ship program to design and build ad- fense capabilities we need. The phased adaptive approach is de- vanced scientific, experimental, and Secretary of Defense Gates, in testi- signed to provide effective missile de- computational capabilities to enable mony before the Armed Services Com- fense capabilities in a timely manner the annual certification process for the mittee on June 17, said: against existing or emerging Iranian nuclear weapons. This program has The Treaty will not constrain the United missile threats. Those are the missile been very successful. Beginning in 2005, States from deploying the most effective threats faced by our military per- however, support for the program missile defenses possible, nor impose addi- sonnel, allies, and partners in Europe. started to wane and the budgets for nu- tional costs or barriers on those defenses. I As the Secretary of Defense and nuclear activities started to go down. remain confident in the U.S. missile defense program, which has made considerable ad- merous other officials have made clear, Without enough money the weapons vancements, including the testing and devel- the treaty does not limit our missile complex was forced to have layoffs at opment of the SM–3 missile, which we will defense plans or programs. The Armed the nuclear weapons laboratories and deploy in Europe. Services Committee also knows that, the production facilities, to defer

VerDate Mar 15 2010 06:55 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.015 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10970 CONGRESSIONAL RECORD — SENATE December 22, 2010 maintenance on many important build- Fogh Rassmussen said at the NATO this treaty, the better. I am very ings and facilities, to delay key acqui- summit in Lisbon in November: pleased that the Senate is acting now, sitions, and to delay design and con- A ratification of the START Treaty will before the end of the year and the construction of the last two major new contribute strongly to an improvement of gressional session, to give the execu- production facilities. President Obama, the overall security environment in the tive branch these tools. in his fiscal year 2011 budget request Euro-Atlantic area, and all members of the With the ratification of this treaty, and in the plans for the future years, NATO-Russia Council share the view that an the Senate also makes clear that the has turned this situation around by early ratification of the START Treaty United States is willing and able to would be to the benefit of security in the providing $4.1 billion more over the Euro-Atlantic area. I’d also have to say that make good on its foreign policy prom- next five years than previously it is a matter of concern that a delayed rati- ises and to act in the best interests of planned. This level of funding is un- fication of the START Treaty will be dam- our country and of the world. precedented since the end of the Cold aging to the overall security environment in Following ratification in the Russian War. Europe. So we strongly urge both parties to Duma, the United States and Russia President Obama laid out his funding ratify the START Treaty as early as pos- will begin the next round of arms con- plan for the nuclear enterprise in the sible. trol and transparency. November Section 1251 report, a report I believe that the Senate should con- I hope and I believe many Senators that would provide an additional $1.2 sent to ratification of the New START have expressed their desire, that this billion over 2 years, a 15 percent in- treaty and that ratification of this will lead to further arms control nego- crease and a total of $41.6 billion for treaty is in the national security inter- tiations to reduce further the level of fiscal years 2012–2016 for the National est of the United States. Ratification strategic arms and to address tactical Nuclear Security Administration. of the New START treaty will provide nuclear weapons and other delivery With these amounts has the adminis- predictability, confidence, trans- mechanisms. tration committed enough to mod- parency and stability in the United The ratification also maintains, and ernization and sustainment of the com- States-Russian relationship. The New hopefully will build on, the improving plex and the life extension programs START treaty will make us safer relationship between our two countries for the nuclear stockpile? The directors today, and leave a safer world for our and our two young Presidents. of three nuclear weapons laboratories children and grandchildren. The Senate We have enjoyed strong cooperation all say yes. In a joint December 1, 2010, should ratify the New START treaty this year, over Afghanistan, over Iran, letter to Senators KERRY and LUGAR, now. and—according to a letter I received the three Directors of the nuclear Mrs. FEINSTEIN. Madam President, from President Obama on Monday— weapons laboratories said that the I am very pleased that the Senate is over the tense situation on the Korean finding level proposed in the section about to ratify the New START trea- Peninsula. 1251 report ‘‘ would enable the labora- ty—I hope and believe with a very solid In a world of asymmetric threats, we tories to execute our requirements for bipartisan vote. need friends and allies more than ever. ensuring a safe, secure, reliable, and ef- This really is a historic moment. This treaty moves us in this direc- fective stockpile under the Stockpile This is the biggest arms control treaty tion—with Russia and with the Eastern Stewardship and Management Plan.’’ in 20 years, and the most important European nations that are strongly in The Administrator of the National foreign policy action the Senate will support of the treaty. Nuclear Security Administration, take this Congress. Before closing, I want to congratu- under both President George W. Bush This is absolutely the right thing to late and thank my good friend from and President Obama, Tom D’Agostino, do. It is important to our national se- Massachusetts. He has spent an incred- said, in testimony before the Armed curity and it is critical to uphold ible amount of time considering this Services Committee in July: America’s place in the world commu- treaty in the Foreign Relations Com- Our plans for investment in and mod- nity. mittee, preparing the resolution of ernization of the Nuclear Security Enter- As I have said many times, the arms ratification and in managing this floor prise—the collection of NNSA laboratories, reductions in this treaty are modest. debate. production sites, and experimental facilities New START requires a 30 percent re- He has done a fabulous job, and I that support our stockpile stewardship pro- really want to thank him for all his ef- gram, our nuclear nonproliferation agenda, duction in warheads from the limits set our Naval nuclear propulsion programs, and out in the Moscow Treaty in 2002 to fort and his cooperation with me a host of other nuclear security missions— 1,550 on each side, but both the United through this entire process. are essential irrespective of whether or not States and Russia have been reducing I would also like to thank the many New START is ratified. their strategic stockpiles since then. administration officials for their as- The Senate Foreign Relations Com- The real importance of this treaty sistance in my consideration of this mittee took the right approach on this comes from the monitoring provisions, treaty, all of whom have spent time in issue in its resolution of ratification by confidence-building measures, and the my office over the past year. They in- not making entry into force contingent strengthened relationship between two clude: on a certain funding level, but by in- of the world’s major powers. Assistant Secretary Rose Gottemoeller, cluding a sense of the Senate that the We have not had inspectors at Rus- our lead negotiator; Admiral Mike Mullen, sian nuclear facilities for 13 months. Chairman of the Joint Chiefs of Staff; Gen- United States is committed to a robust eral James Cartwright, Vice Chairman of the stockpile stewardship program. We have not had data exchanges on the Joint Chiefs; Tom D’Agostino, Adminis- The list of both Republican and size and deployment of Russian forces. trator of the National Nuclear Security Ad- Democratic supporters of this Treaty is Russia has had the freedom to block ministration; and Director of National Intel- broad and strongly bipartisan, includ- our national technical means to mon- ligence Jim Clapper. ing eight former Secretaries of State— itor their forces. Apart from our na- Mrs. SHAHEEN. Madam President, Madeleine Albright, Warren Chris- tional technical means, we are now today, the Senate has a historic oppor- topher, Colin Powell, Condoleezza Rice, blind. tunity to follow in a long history of James Baker, Lawrence Eagleburger, With this treaty, we will benefit from strong, bipartisan support for reducing George Schultz, Henry Kissinger—four these measures and others. The Senate the threat posed by nuclear weapons former Secretaries of Defense—Harold has discussed the monitoring and veri- around the globe. We have a chance to Brown, Frank Carlucci, Bill Cohen, Bill fication provisions at length during strengthen American national security Perry, and Jim Schlesinger—seven this debate—in open and closed ses- and restore American leadership on the former commanders of the U.S. Stra- sion—and it has been made very clear nuclear agenda. I am hopeful that the tegic Command, President George H.W. that this treaty greatly strengthens Senate will choose the right path and Bush, President Clinton and a long list our intelligence community’s ability vote in favor of ratification of the New of national security experts. to monitor and assess Russian stra- START treaty. Our NATO allies support this treaty tegic forces. I want to thank Senators KERRY and and have urged us to ratify it without As Director of National Intelligence LUGAR for their tireless, impressive delay. NATO Secretary General Anders Clapper has said, the sooner we ratify work on the New START treaty.

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.016 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10971 Former Secretary of State Dr. Henry branches. The unique insight and input oughly debated and considered this im- Kissinger, in explaining his support for this Congress has provided throughout portant agreement. the New START Treaty, told our com- the negotiation process could not be Adding to our extensive internal de- mittee earlier this year that the Sen- replicated in any future consideration. bate, countless outside experts and ate’s decision on New START ‘‘will af- In addition, since we received the former officials have also weighed in fect the prospects for peace for a dec- treaty, the Senate has done its job and on this treaty. New START has the ade or more. It is, by definition, not a has thoroughly considered this agree- unanimous backing of our Nation’s bipartisan, but a nonpartisan, chal- ment. The Senate Foreign Relations military and its leadership, including lenge.’’ Senators KERRY and LUGAR Committee held 12 hearings and heard Secretary Gates, the Chairman of the have done everything in their power to testimony from 21 expert witnesses. Joint Chiefs, the commander of Amer- make this a nonpartisan effort, and I The administration has answered over ica’s Strategic Command, and the Di- commend them and their staff for their 900 questions for the record. We have rector of the Missile Defense Agency. excellent work. also had more floor time for amend- America’s military establishment is I want to also take a moment to ments and consideration than any joined by the support of every living thank the negotiators, Rose other treaty of its kind. Our vigorous Secretary of State—from Secretary Gottemoeller, Ted Warner, their col- debate on the floor has added nuance Jim Baker to Secretary Condoleezza leagues at the White House, and all the and depth to this already thorough Rice—as well as five former Secretaries civil servants responsible for negoti- body of work. of Defense, nine former national secu- ating this agreement. Each of them has It is also important to note that the rity advisors, and former Presidents a lifetime of experience and impressive Senate, in providing its advice and con- Clinton and George H.W. Bush. The expertise on nuclear issues, and they sent, actually writes and approves the overwhelming consensus from these all worked hard to navigate this dif- resolution of ratification to go along foreign policy and national security ficult treaty process. America was with the treaty. This is not an insig- heavyweights has been clear: New well-served by your efforts, and we nificant document. This is the Senate’s START is in America’s national secu- thank you for your leadership. opportunity to influence the treaty’s rity interests. At the very beginning of this long future interpretation and implementa- I think it is important to take a step process, Secretary of Defense Robert tion and our chance to provide the dec- back and remember the broader picture Gates asked the Senate a very impor- larations, understandings, and condi- of the decision before us today. We are tant question: Is the United States bet- tions to the treaty. The resolution suc- no longer talking about abstract num- ter off with an agreement or without cinctly and explicitly expresses the bers, intangible ideas or questions of it? Today, the Senate has to answer Senate’s views on New START, and our process. We are talking about real nu- this specific question. resolution actually provides some clear weapons. We are talking about We have had a very long, thorough, strong statements with respect to thousands of the most dangerous weap- and vigorous debate, and some Sen- many of the concerns raised by critics ons in the history of mankind—weap- ators may not agree with everything in of the treaty. ons actually aimed directly at Amer- the treaty text before us, and some For example, on missile defense, the ican cities. may have problems with the process by resolution reads very clearly that the Our arsenals are composed primarily which we are here today, but let’s be United States remains committed to of nuclear weapons each yielding be- clear. The vote today is not about what missile defense, and the New START tween 100 and 1,200 kilotons of power. each of us might have done differently. treaty does not constrain that commit- To give you a sense of the power of The vote today is not about abstract ment: these weapons, the nuclear weapon numbers or theoretical point scoring. The New START Treaty and the . . . uni- dropped on Hiroshima yielded around The historic vote today is simple: Do lateral statement of the Russian Federation 13 kilotons of power. After New you believe the United States and the on missile defense do not limit in any way, START, the United States and Russia world are better off with an agreement and shall not be interpreted as limiting, ac- will still be allowed an arsenal of 1,550 or without one? tivities that the U.S. currently plans or that warheads capable of leveling cities The Senate—led in a bipartisan fash- might be required . . . to protect U.S. Armed more than five times the size of New ion by Senators KERRY and LUGAR has Forces and U.S. allies from limited ballistic Hampshire’s largest city of Man- missile attack. done an impressive job of meeting its chester. constitutional responsibilities, and I In addition, the DeMint amendment Now, I am under no illusions that the am proud of the work we have done in on missile defense in the resolution ratification of the New START treaty giving our advice and consent to the reads: will somehow by itself meet the New START treaty. The involvement The United States is and will remain free threats posed by nuclear weapons of the Senate over the last year and a to reduce the vulnerability to attack by con- around the globe. President Kennedy half and the debate we have under- structing a layered missile defense capable told us that attainable peace will be taken have been worthy of the world’s of countering missiles of all ranges The ‘‘based not on a sudden revolution in greatest deliberative body. United States is committed to improving U.S. strategic defensive capabilities both human nature but on a gradual evo- I have heard from many of my col- quantitatively . . . and qualitatively and lution in human institutions’’ and leagues that the Senate should not be a such improvements are consistent with the ‘‘peace must be the product of many rubber stamp in ratifying the New Treaty. nations, the sum of many acts.’’ He START Treaty—as if to suggest we On tactical nuclear weapons, the res- said: have not taken our constitutional re- olution reads: No treaty, however much it may be to the sponsibilities seriously during this The Senate calls upon the President to advantage of . . . all can provide absolute se- process. This could not be further from pursue . . . an agreement with Russia that curity . . . But it can . . . offer far more se- the truth. would address the disparity between tactical curity and far fewer risks than an unabated, First, the Senate’s influence can be nuclear weapons stockpiles . . . and would uncontrolled, unpredictable arms race. seen throughout the treaty document. secure and reduce tactical nuclear weapons New START is a step away from this A number of Senators met with nego- in a verifiable manner. ‘‘unabated, uncontrolled, unpredict- tiators numerous times prior to the Finally, on strategic-range, non- able’’ environment. treaty’s completion, and some even nuclear weapon systems: As the first Nation to invent and traveled to Geneva during the negotia- Nothing in the New START Treaty re- then use nuclear weapons, the United tions. In many respects, from the very stricts U.S. research, development, testing, States has spent the majority of the beginning, our negotiators were oper- and evaluation of strategic-range, non-nu- last half century trying to reduce the ating within a framework and bound- clear weapons . . . [or] prohibits deploy- risk they pose. Over five decades ago, aries as set by Senators involved in the ments of strategic-range, non-nuclear weap- President Eisenhower committed the process. The treaty itself is really a on systems. United States to meeting its special re- product of collective input from both The fact is that the Senate has done sponsibilities on the nuclear threat. He the executive and congressional its constitutional duty and has thor- said:

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.064 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10972 CONGRESSIONAL RECORD — SENATE December 22, 2010 The United States pledges before you—and clear weapons with the New START matter of tactical nuclear weapons. It therefore before the world—its determina- treaty. is believed that Russia has a 10-to-1 ad- tion to help solve the fearful atomic di- Stopping the spread of nuclear weap- vantage over the U.S. in terms of tac- lemma—to devote its entire heart and mind ons and reducing existing nuclear tical nuclear weapons. to find the way by which the miraculous in- The administration has argued that ventiveness of man shall not be dedicated to stockpiles is critical to our national se- his death, but consecrated to his life. curity. New START helps accomplish this treaty is necessary to provide stra- this goal by placing responsible limits tegic stability. However, if we are re- Eisenhower’s early commitment and on nuclear warheads and delivery vehi- ducing our strategic weapons without America’s special responsibility have cles, while still enabling the United regard to Russia’s overwhelming ad- led to unbroken U.S. leadership in the States to maintain a credible nuclear vantage on tactical nuclear weapons, I world on the nuclear agenda. The Nu- deterrent. question whether this reduction isn’t clear Non-Proliferation Treaty—the New START also reestablishes reg- weakening strategic stability. It cornerstone of global nonproliferation ular onsite inspections of Russian nu- should also be mentioned that some efforts—was born out of President Ei- clear facilities, which ended more than proponents of the New START treaty senhower’s ‘‘Atoms for Peace’’ vision. a year ago when the previous START were critical of the 2002 Moscow Treaty The original START treaty was a cul- treaty expired. The potential lack of for failing to reduce Russian tactical mination of President Reagan’s en- safety, security, and controls of Rus- nuclear weapons. I believe our leverage treaty to ‘‘trust, but verify’’ Russia sian nuclear weapons is a grave secu- with the Russians to begin placing and its actions. The U.S. Cooperative rity risk, and there is no substitute for meaningful limits on tactical nuclear Threat Reduction Program, which has onsite inspections to address this weapons existed with this treaty. Now, led to the deactivation of over 7,500 threat. I see no clear path to negotiating re- Russian nuclear warheads, was the re- I carefully considered the views of ductions in tactical nuclear weapons. sult of two visionary and farsighted our military and diplomatic leaders in Like many of my colleagues, I have Senators named Nunn and LUGAR. evaluating New START, and I am im- serious concerns about the inclusion of American leadership on the nuclear pressed by the breadth of bipartisan references to and limitations on U.S. agenda makes the world safer. Period. support for this treaty. The Secretaries plans for missile defense. I don’t be- As Secretaries Kissinger, Schultz, of State, Defense, and Energy support lieve there should be a connection be- Perry, and Senator Nunn told us in New START. Our senior uniformed tween strategic nuclear weapons reduc- their seminal 2007 opinion piece: military leaders support New START, tions and our plans for missile defense. The world is now on the precipice of a new including the head of the Missile De- I am equally troubled that Russia and dangerous nuclear era . . . Nuclear weapons today present tremendous dangers fense Agency. Every living former Sec- issued a unilateral statement at the but also a historic opportunity. U.S. leader- retary of State, Republican or Demo- treaty’s signing stating that the treaty ship will be required to take the world to the crat, supports New START. ‘‘may be effective and viable only in next stage—to a solid consensus for revers- I commend my colleagues on the Sen- conditions where there is no quali- ing reliance on nuclear weapons globally as a ate Foreign Relations Committee for tative or quantitative build-up in the vital contribution to preventing their pro- the extensive work they have done to missile defense system capabilities of liferation into potentially dangerous hands. consider the New START treaty. They the United States of America.’’ The New START treaty should be the have produced a thorough record on It is positive that the Resolution of next step on the path of American lead- the merits of this treaty, which enables Ratification makes a strong statement ership on the nuclear agenda. If we every Senator to cast an informed that the treaty does not limit the de- turn our back on this treaty at this vote. After reviewing this record, I am ployment of U.S. missile defense sys- time, we are turning our back on a gen- proud to cast my vote in favor of rati- tems, other than those contained in ar- eration of bipartisan, American leader- fying New START. ticle V. It also says that the Russian ship in this field, and we cede the field Mr. GRASSLEY. Madam President, statement on missile defense does not to a more dangerous and more uncer- before I begin my remarks on the New impose a legal obligation on the United tain world. START treaty, I would like to point States. While I would have preferred The debate over New START is now out to my colleagues that in 2002, I that this treaty not contain any lan- over, and the only choice left before us voted in favor of the Moscow Treaty. I guage on missile defense, I appreciate is this treaty or nothing. Each of us was also one of 93 Senators who voted the work of the Foreign Relations today will decide—yes or no—whether in favor of START I in 1992. chairman and ranking member to in- we think we are better off with a trea- I recognize the importance of main- clude this language in the ratification ty or without one. taining a positive and cooperative rela- resolution. But the fact remains, this I hope we will vote on the side of the tionship with Russia. The proponents language is simply our opinion and is overwhelming majority of foreign pol- of the New START treaty argue that nonbinding. icy and national security experts who this treaty is necessary to continue the This treaty reverses the gains made have called on us to support this trea- goodwill between our countries and the in the Moscow Treaty which de-linked ty. I hope we will vote on the side of much-touted ‘‘reset’’ in our relations. offensive and defensive capabilities. Al- our unanimous military and intel- More importantly to me, however, are though a modified amendment on mis- ligence communities. I hope we will the merits of the treaty itself. The sile defense to the resolution of ratifi- vote on the side of a legacy of Amer- Senate should not simply ratify this cation was agreed to today, I am dis- ican leadership on the nuclear agenda. treaty to appease Russia or as a signal appointed that the Senate could not I am hopeful we will follow in the of cooperation with them. The treaty agree to the amendment offered by footsteps of the Senate’s strong bipar- should be considered based on its im- Senator MCCAIN which would have tisan history and ratify the New pact on our national security and the stricken the language in the treaty’s START treaty today. security of our allies. preamble that arguably gives Russia a Mr. KOHL. Madam President, I rise A nuclear arms control treaty can be say on our future missile defense plans. today to support ratification of the evaluated based on the level of parity Finally, I also share the serious con- New Strategic Arms Reduction Treaty, it brings to the two parties. In this re- cerns related to the issue of verifica- or New START. This treaty continues gard, I believe this treaty falls short. tion. It has been the subject of much the bipartisan arms control framework The fact is, while this treaty places debate, and deservedly so. I agree with first proposed by President Ronald new limits on warheads, as well as de- the sentiment that as our deployed Reagan and implemented by President ployed and nondeployed delivery vehi- strategic nuclear weapons are reduced, George H.W. Bush with the START I cles, Russia is already below the limit it becomes more and more critical that and START II treaties. President on delivery vehicles. The treaty pri- the remaining weapons can be relied George W. Bush continued this work marily imposes new limits on the U.S., upon. As the number of weapons is re- with the Moscow Treaty. Now Presi- while requiring modest, if any, reduc- duced, it becomes more important that dent Obama has taken another impor- tions on the Russian side. Also alarm- we know that the Russians are abiding tant step to address the dangers of nu- ing is that this treaty is silent on the by the limits of the treaty.

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.064 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10973 After reviewing the classified mate- enough information from classified America must maintain its global rial presented by Senator BOND, rank- briefings to know this is a pressing na- leadership on nuclear arms control and ing member of the Senate Intelligence tional security matter of the highest nonproliferation, and it is our obliga- Committee, I have serious reservations order. As we approach a vote, I plan on tion as Senators to act now. It is time about the new verification regime con- following the strong advice of our mili- to look beyond politics and vote on tained in the treaty. Although former tary and national security leadership, principle, and I urge all Senators to Secretary of State James Baker sup- as well as the will of the American peo- join me in supporting ratification of ports ratification of the treaty, he ple, in supporting New START. New START because it is a domestic stated that the verification mechanism New START will enhance U.S. intel- and global security imperative. in the New START treaty ‘‘does not ap- ligence gathering and restore inspec- Ms. SNOWE. Madam President, I rise pear as rigorous or extensive as the one tions needed to monitor the Russian today to express my support for the that verified the numerous and diverse nuclear force. For more than a year, we New Strategic Arms Reduction Treaty, treaty obligations and prohibitions have been deprived of such inspections known as New START, which was under START I.’’ due the expiration of the original trea- signed by the United States and Russia I do regret that without a treaty in ty. While opponents of New START on April 8 and transmitted for the ad- place that there is no verification re- have highlighted the reduction in the vice and consent of the Senate on May gime, and no U.S. inspectors moni- total number of inspections, those 13. Since then, Chairman KERRY, with toring Russia’s nuclear arms activities. which remain comprise the most ro- the unwavering support of Ranking It’s important to point out, however, bust strategic arms inspections regime Member LUGAR, has navigated the trea- that the Obama administration had the in history. By increasing transparency ty through 18 hearings before the Sen- ability to extend the verification re- between the United States and Russia, ate Foreign Relations, Armed Services, gime for 5 years, as provided for in New START will enhance our mutual and Intelligence Committees—and I START I. But the Obama administra- nuclear deterrent. This is just one ex- commend the chairman for his deter- tion failed to act. The administration ample of why ratification is in Amer- mination to see this paramount accom- also insisted there would be a ‘‘bridg- ica’s best security interest. plishment through to the finish. ing agreement’’ to continue verifica- In addition to reducing the total Without equivocation, since his election until the entry into force of a suc- number of both American and Russian tion to the U.S. Senate in 1976, Rank- cessor agreement. This agreement was deployed strategic nuclear weapons to ing Member LUGAR has been an over- never completed either. 1550, New START will limit the number riding force of nature in reducing the I am deeply disappointed that in of deployed delivery vehicles for nu- threat of nuclear, chemical, and bio- these areas of concern, the Senate is clear warheads to 700. As we consider logical weapons—and his work with simply being asked to be a investing more than $85 billion over then-Senate Armed Services Chairman ‘‘rubberstamp’’ rather than fulfill our the next decade into modernizing our Sam Nunn to lay the groundwork for constitutional obligation to provide current nuclear arsenal, we must also the deactivation of more than 7,500 of our advice on these important matters. consider the practical benefit of main- these dangerous weapons in the former Had the advice of the Senate on these taining a smaller number of strategic Soviet Union is legendary. Throughout important issues been incorporated nuclear weapons. These limits have the negotiations and consideration of into the treaty, I believe it would have been endorsed by our military planners New START, Ranking Member LUGAR gained overwhelming bipartisan sup- because they are commensurate with has once again demonstrated his in- port. Without addressing these areas in our current and future defense needs. credible depth of knowledge and exper- a meaningful way, I am reluctantly un- Moreover, reducing the number of de- tise on these issues, which has been of able to support it. ployed strategic warheads and delivery the utmost benefit to the Senate. Mr. COONS. Madam President, I am vehicles better positions us to invest President George H.W. Bush and So- pleased to join my colleagues in voic- the savings in nuclear modernization. viet leader Mikhail Gorbachev signed ing my strong and unequivocal support The United States and Russia share the original START Treaty on July 31, for New START. I want to thank Sen- common threats and common inter- 1991—5 months before the collapse of ators KERRY and LUGAR for their lead- ests, and, in the words of Vice Presi- the Soviet Union. The agreement rep- ership on this issue, and join them in dent BIDEN, New START is a ‘‘corner- resented the culmination of more than urging the Senate to support ratifica- stone of our efforts to reset relations 20 years of bilateral arms control tion. New START will make America with Russia.’’ Over the past 2 years, co- agreements between our two nations. stronger and more secure by building operation between the United States Much has changed over what is al- on 30 years of U.S. global leadership on and Russia has grown in areas such as most two decades since the original nuclear arms control and reduction. supporting sanctions to thwart Iran’s START agreement was signed in Mos- This is why it has been endorsed by na- nuclear development and transferring cow. The world has witnessed the dis- tional security leaders on both sides of essential supplies into Afghanistan. At integration of the Soviet Union, the the aisle, including every living Repub- this juncture, the Senate’s failure to rise of terrorist organizations with nu- lican Secretary of State, 5 former Sec- ratify New START could have far- clear weapons ambitions, and growing retaries of Defense, 7 former com- reaching implications on such progress, threats from hostile regimes in such lo- manders of the U.S. Strategic Com- including jeopardizing future coopera- cations as Tehran and Pyongyang. As a mand, the entire Joint Chiefs of Staff, tion in these critical areas. result, when START expired 1 year ago 3 former Presidents, and all 27 of our As some of my colleagues propose al- this month, we found ourselves at a NATO allies. tering the treaty, I want to voice my crossroads—without the ability to in- We simply cannot afford to postpone strong opposition to all amendments, spect Russian missile silos, which, the vote until the 112th Congress and as they would effectively kill the frankly, is unfortunate given that last delay ratification any further. Military agreement by requiring renegotiation year Senator LUGAR suggested that the planners have confirmed that ratifica- with Russia. In the future, we can ad- administration obtain a short-term tion is essential to U.S. security in an dress some of the issues raised during ‘‘bridging agreement’’ with the Rus- increasingly dangerous environment, the amendment process—including sians to ensure there was not a and 73 percent of Americans support Russia’s extensive stockpile of tactical verification gap between the expiration ratification according to one recent nuclear weapons—but these matters of START and approval of New START. poll. exceed the breadth of the treaty before Yet despite this missed opportunity As the newest member of the Foreign us today. I also believe that we can to secure a short-term bridging agree- Relations and Armed Services Commit- achieve a missile defense cooperation ment, I believe the debate we have had tees, I did not have the luxury of re- agreement with Russia, but reaching in this body over the last 12 months ceiving the wealth of information and an understanding on missile defense has made clear that it is in our vital perspective offered in the 18 public will be easier once we have established national interests to, first and fore- hearings and Senate deliberations on an agreed-upon limit to the number of most, maintain strategic stability be- this issue. I have, however, received deployed strategic nuclear weapons. tween the United States and Russia—

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.037 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10974 CONGRESSIONAL RECORD — SENATE December 22, 2010 the two countries that hold more than tion program with Russia, it is crucial where New START’s verification and 90 percent of the world’s nuclear weap- that this treaty be thoroughly vetted monitoring provisions will be dis- ons—and furthermore to upgrade the to reflect the reality of the threats we tinctly different from its predecessor. original START agreement to reflect face in the 21st century. Article II, sec- First, under the original START agree- the new realities of the post-Cold War tion 2 of the Constitution states that ment, the treaty database listed the era. the President ‘‘shall have Power, by number of warheads attributed to a On the first point, I have supported and with the Advice and Consent of the type of ballistic missile, and each mis- New START’s goal of reinstating a Senate, to make Treaties, provided two sile of that type counted as the same more stable, transparent, and legally thirds of the Senators present con- number of warheads. Notably, New binding mechanism based on proven cur’’—and as such we must make abso- START advances this standard by ena- methods for monitoring compliance lutely certain that questions regarding bling our inspectors to in fact count with treaty provisions and deterring our ability to verify Russian compli- the actual number of reentry vehicles potential violations. For example, New ance with New START’s limits, to de- deployed on the missile to confirm that START requires essential data ex- velop and deploy effective missile de- it equals the number designated by the changes detailing the numbers, types, fenses, and to modernize our nuclear Russians for that particular weapon. and locations of affected weapons, weapons complex, have been satisfac- Secondly, New START includes the mandates up to 18 short-notice on-site torily resolved. Senator KYL, in par- innovation that unique identifiers— inspections each year to try and con- ticular, has brought great value to this which mean numeric codes—be affixed firm information shared during such process—and I extol all of my col- to all Russian missiles and nuclear-ca- exchanges, and it calls for the parties leagues for their dedication to meeting pable heavy bombers. Under the origi- to notify each other and to update the our constitutional responsibilities. nal START agreement, unique identi- database whenever they move such Among the most significant ques- fiers were applied only to Russian road- forces between facilities. tions that have been raised are those mobile missiles. As Ranking Member Since the early years of nuclear that deal with our ability to monitor LUGAR has noted, while this does not weapons agreements between the Russian compliance with the treaty’s insure a ‘‘foolproof’’ verification sys- United States and the Soviet Union, limits. As part of its overlapping moni- tem, it will provide enhanced con- beginning with Strategic Arms Limita- toring and verification regimes, New fidence and transparency under the tion Talks, known as SALT, in May START permits up to 18 short-notice Treaty structure. 1972; to the Intermediate-Range Nu- on-site inspections at ICBM bases, sub- Taken as a whole, I believe the trea- clear Forces, or INF Treaty, in Decem- marine bases, and air bases each year. ty’s notification requirements, the use ber 1987 and the original START agree- U.S. inspectors will use these inspec- of unique identifiers on each ICBM, ment in July 1991; our nations have tions to help verify data on the number submarine launched ballistic missile, gained from the structure and degree of of warheads located on deployed ICBMs and heavy bomber, and the 18 annual transparency that these agreements and deployed submarine launched bal- short-notice on-site inspections, com- provide. As former National Security listic missiles and the number of arma- bined with our National Technical Advisor and Secretary of State Henry ments located on deployed heavy Means, will further our critical na- Kissinger said in May, New START is bombers. ‘‘an evolution of treaties that have Over the course of this debate, some tional security objectives by helping us been negotiated in previous adminis- of my colleagues have questioned the observe and evaluate Russian activi- trations of both parties’’ and ‘‘its prin- utility and effectiveness of New ties—an objective that is fundamental cipal provisions are an elaboration’’ of START’s on-site inspections. As a to our strategic stability. Additionally, when it comes to our existing agreements. Secretary Kis- member of the Senate Select Com- ballistic missile defense capabilities, singer went on to note that the contin- mittee on Intelligence, I have worked former Secretary of State Condoleezza ued absence of this vital agreement with my colleagues to scrutinize this Rice wrote on December 7 that ‘‘The would undoubtedly ‘‘create an element proposed agreement and have closely of uncertainty in the calculations of reviewed the National Intelligence Es- Russians need to understand that the both adversaries and allies’’ and have timate pertaining to this subject as U.S. will use the full-range of Amer- an ‘‘unsettling impact on the inter- well as a number of other classified re- ican technology and talent to improve national environment.’’ ports. It is important to understand our ability to intercept and destroy the In other words, without the com- that we do not depend only on the trea- ballistic missiles of hostile countries.’’ prehensive and overlapping system of ty’s monitoring and verification provi- In an effort to make certain that our inspections, notifications, and data ex- sions to ensure the Russians are com- intentions are unambiguous, the U.S. changes that both the original START plying with the warhead limit and issued a unilateral statement at the and New START provide, our strategic other clauses. To the contrary, the signing of New START, which affirms commanders and civilian leaders may treaty is but one critical instrument that our government ‘‘intends to con- be forced to position their assets in a which, as with the 1991 START agree- tinue improving and deploying its mis- way that anticipates the worst case ment, is intended to augment informa- sile defense systems in order to defend scenario, which as we witnessed during tion collected through our overhead as- itself against limited attack and as many overwrought days of the Cold sets, and via other technical tools that part of our collaborative approach to War is an incredibly precarious—and leverage the larger U.S. Intelligence strengthening stability in key re- often more costly—approach in terms system—known as our National Tech- gions.’’ of the prioritization of our intelligence nical Means. Furthermore, Ranking Member and defense resources. Therefore, I be- Since the treaty was transmitted to LUGAR also worked to ensure that the lieve firmly that, when combined with the Senate in May, the Intelligence Resolution of Advice and Consent to our Nation’s overhead intelligence as- Committee has conducted a com- Ratification that was approved by the sets, remote sensing equipment, and prehensive review, and my staff and I Senate Foreign Relations Committee other classified methods, the New have questioned key officials, includ- on September 16 addresses this ques- START agreement will provide our ing the Director of National Intel- tion by declaring that ‘‘it is the policy government better insight into the ac- ligence Jim Clapper, former Secretary of the United States to deploy as soon curacy of Russia’s declarations on the of Defense Bill Cohen, and Secretary as technically possible an effective Na- numbers and types of deployed and Gates’ Representative to Post-START tional Missile Defense system’’ and nondeployed strategic offensive arms Negotiations Dr. Ted Warner. Addition- that nothing in the Treaty limits ‘‘fur- subject to the treaty, thereby engen- ally, my staff has held classified dis- ther planned enhancements’’ to missile dering greater confidence in our com- cussions with former START inspec- defense programs. President Obama, prehension of the state of affairs, en- tion team members and delegates to Secretary Clinton, and Secretary Gates hancing global stability and our secu- the START Joint Compliance and In- have reaffirmed this commitment and rity here at home. spection Commission. the Administration’s Ballistic Missile Still, in addition to maintaining the Consequently, I would underscore Defense Review, released in February, framework of our nuclear arms reduc- two significant areas of advancement outlines a detailed plan to continue to

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.018 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10975 expand international missile defense Credible modernization plans and Confronted with these daunting chal- efforts to defend the United States, our long-term funding for the U.S. nuclear lenges, America must be prepared to deployed forces, and our allies and weapons stockpile and the infrastruc- defend our homeland, our forces in the- partners around the world. ture that supports it are central to the atre, and our allies—and I believe this It is also important for the record to effectiveness of our nuclear deterrent, treaty allows future administrations to reflect that Russia issued a similar and we have posed serious questions meet this responsibility, to maintain a statement when the original START about the veracity of the administra- safe and effective deterrent, and at the was signed in 1991, saying that the tion’s modernization report that was same time to continue to reduce the treaty would be viable only under con- submitted to Congress with the New number of deployed and ready to ditions of compliance with the Anti- START agreement on May 13th, pursu- launch long-range nuclear weapons. Ballistic Missile Treaty, which at the ant to section 1251 of the fiscal year And as former Secretary of State time restricted ballistic missile de- 2010 Defense Authorization Act. Spe- James Baker noted in May, a more sta- fenses. History clearly shows that fol- cifically, we have sought greater detail ble and cooperative relationship be- lowing ratification of START the and assurances regarding the adminis- tween Washington and Moscow ‘‘will be United States did not restrain its mis- tration’s plans to retool and sustain vital if the two countries are to cooper- sile defense programs or reduce its ex- our national weapons labs—including ate in order to stem nuclear prolifera- penditures on ballistic missile defenses construction of the vitally important tion in countries like Iran and North in an effort to ensure that Russia re- plutonium processing facility, known Korea.’’ Simply put, the ratification of mained committed to the original as the Chemistry and Metallurgy Re- New START, and the cooperation and START Treaty. To the contrary, U.S. search Replacement nuclear facility, in transparency it requires, has the po- spending on ballistic missile defense Los Alamos, NM, and the Uranium tential to set the stage for expanded programs increased dramatically fol- Processing Facility at Oak Ridge, TN. NATO and Russian collaboration when lowing the signing of the original These two projects are essential for it comes to confronting terrorists and START agreement—from less than $4 meeting our life extension program re- other dangerous proliferators—so to- billion for Department of Defense-wide quirements for existing warheads and gether we may face those who threaten ballistic missile defense funding sup- certifying the safety and readiness of stability in the post-Cold War world. port in 1991 to nearly $10 billion this the current stockpile. Mr. President, the New START trea- year. Moreover, in spite of this threat On November 17, due in large part to ty has the unanimous support of our in 1991, Russia remained a party to the unyielding persistence of Senators Nation’s military and diplomatic lead- START and continued to negotiate fur- KYL and CORKER, the administration ership, Director of National Intel- ther reductions on strategic offensive released an updated 1251 modernization ligence Jim Clapper, and the endorse- weapons after the U.S. withdrew from report that directly answered many of ment of President George H.W. Bush the ABM Treaty in 2002. our concerns and elaborated on our and prominent former national secu- Still, despite this precedent and modernization objectives by providing rity officials such as Secretary of De- Ranking Member LUGAR’s considerable more detailed 10-year timelines and fense Bill Cohen, and every living Sec- efforts to make certain that the resolu- specific budget projections to sustain retary of State—including Colin Powell tion addresses the issue of missile de- funding for stockpile surveillance at and Condoleezza Rice. As a member of fense, questions have been raised about over $200 million over the next 10 the Senate Intelligence Committee, I potential restrictions on our ability to years, and cost estimates for the pluto- am convinced that this agreement, deploy effective missile defenses, and nium and uranium processing facilities when combined with our intelligence some of my colleagues have rightly at upwards of $5.8 billion and $6.5 bil- assets, will enhance global stability, criticized the preamble’s recognition of lion respectively. In total, the adminis- and most importantly, our national sean ‘‘interrelationship between stra- tration has now committed more than curity. I urge my colleagues to join me tegic offensive arms and strategic de- $85 billion to modernize our nuclear in supporting the Resolution of Advice fensive arms.’’ It has been argued—and weapons complex over the next 10 and Consent to Ratification. I agree—that this language, when com- years—$15 billion more than initially Mr. REID. Madam President, we can- bined with Russia’s unilateral state- proposed by the administration—and I not end this historic session of Con- ment asserting its concern about a am confident this undertaking will en- gress without taking one more impor- United States ‘‘build-up’’ in missile de- sure continued support for these indis- tant step to protect the national secu- fense system capabilities, needlessly pensable activities. rity of the United States. It is time for gives Russia a leverage point with It is now the responsibility of Presi- the Senate to ratify the New START which to attempt to compel our gov- dent Obama and his administration to, treaty. ernment to pull back from our missile in the months ahead, communicate This treaty will secure nuclear stock- defense objectives by threatening to even more specific details regarding piles. It will take nearly 1,500 Amer- withdraw from the Treaty if we seek to any lingering concerns about our Na- ican and Russian nuclear weapons out increase our capabilities. As a result, I tion’s long-term modernization proof commission. These are weapons supported Senator MCCAIN’s effort to grams. The Resolution of Advice and that, as we speak, are trained on cities amend the Treaty to strike any ref- Consent, which is currently before the like Washington and Moscow, St. Louis erence to the ‘‘interrelationship be- Senate, includes strong language re- and St. Petersburg. tween strategic offensive arms and quiring direct notification to Congress More than a year has passed since strategic defensive arms.’’ if at any moment more resources are American inspectors were on the Finally, when it comes to the mod- required—or if appropriations are en- ground monitoring the Russian nuclear ernization of our nuclear forces, mean- acted that fail to meet our moderniza- weapons arsenal. The sooner we ratify ingful concerns have been raised about tion needs—and we as a body must hold this treaty, the sooner we can re-open the deplorable state of our deterio- this government true to these commit- the window into exactly what the Rus- rating Manhattan Project-era nuclear ments. sians are, or are not, doing. laboratories and weapons stockpiles. In summary, the original START START will also preserve a strong Senators KYL and CORKER should be agreement was signed over 19 years American nuclear arsenal. Our mili- commended for their diligence in shed- ago, at a time when we still lived in a tary leaders have analyzed the treaty ding light on the undeniable truth that decidedly bipolar, and some might and determined the number of nuclear these facilities are sorely out-dated, argue less complicated world. But with weapons we need to retain in order to and continue to erode as safety and se- the fall of the Soviet Union and the end keep us safe here at home. The director curity costs have grown exponentially, of the Cold War, we are now facing new of the Missile Defense Agency has said maintenance is deferred, and layoffs threats from volatile governments in- the treaty will not restrain or limit and hiring freezes deprive our govern- tent on the proliferation of dangerous our missile-defense capacity. ment of highly skilled scientists and weapons, and decentralized terrorist America and Russia control more technicians needed to maintain our nu- groups focused on launching attacks than 90 percent of the world’s nuclear clear deterrent. more devastating even than 9/11. weapons. The transparency this treaty

VerDate Mar 15 2010 03:52 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.019 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10976 CONGRESSIONAL RECORD — SENATE December 22, 2010 will provide is critical not just to our For many Nevadans, the sights and I remember just 1 year ago when we two countries but the entire planet. sounds of a nuclear attack are familiar. were on the Senate floor doing the By ratifying the START treaty, we Deep in our desert sits the Nevada Na- health care bill, one of the primary will also increase our ability to work tional Security Site, which until this criticisms of it was the way it was with other countries to reduce nuclear summer was called the Nevada Test done. I must tell you, with regard to weapons around the world, and to Site. the process of this bill, I am concerned make sure that those weapons are kept Today the site is the center of our about the precedent we are setting in safe and secure. We need to work to- fight against terrorism and nuclear the Senate, taking a lameduck session gether with Russia to stop the most smuggling. It is on the front lines of to jam so many things through, fre- dangerous nuclear threats, including our intelligence, arms control and non- quently without an opportunity to pro- those from Iran and North Korea. proliferation efforts. vide amendments or, when there are One of the greatest and gravest But the site was once a critical bat- amendments, to simply have them all threats we face is the specter of a ter- tlefield of the Cold War, and for dec- shot down without, I believe, adequate rorist getting his hands on a nuclear ades it served as our Nation’s nuclear consideration. weapon. We have faced nuclear threats proving ground. A lot of Nevadans grew We have done the tax legislation, the before—but such a threat from a super- up with mushroom clouds in our back- continuing resolution to fund the Gov- power is much different than one from yard. We want to make sure the tests ernment, the DOD authorization bill, a terrorist. that took place in the Nevada desert the DREAM Act, don’t ask, don’t tell, A nuclear-armed terrorist would not are the closest we come to a nuclear the 9/11 bill is on the way, some judges, be constrained by doctrines of deter- explosion. we passed a food safety bill almost in rence or mutually assured destruction. Today we can do that. We can con- the middle of the night by unanimous Instead, rogue groups could attack and tinue our institution’s long history of consent without Members being ade- destroy one of our cities—and millions bipartisan support for arms control. We quately notified, and now the START of our people—without warning. By can take 1,500 nuclear weapons off their treaty. In many of those situations, ratifying the New START treaty, we launch pads. And we can make the fu- there was not adequate time—as I said, can help make sure this kind of unprec- ture far safer for America and the no amendments even allowed. edented tragedy never happens world. When cloture was filed, I expressed We have had a positive, bipartisan This is not just a narrow Senate de- concern we had only dealt with, I be- process up to this point. That should bate. It isn’t just a local issue. And it lieve at that time, four amendments to continue today. isn’t something that can wait another The Senate Foreign Relations Com- the treaty itself. But we were told: day. The whole world is watching and mittee overwhelmingly approved the Don’t worry. We will still give you con- treaty with a bipartisan vote of 14–4. waiting for us to act. sent to do resolution-of-ratification Our Nation’s military leadership The PRESIDING OFFICER. The Sen- amendments. unanimously supports it. Secretary of ator from Arizona. Unfortunately, not all of them were Defense Robert Gates and Chairman of Mr. KYL. Madam President, let me permitted by the majority and, in the Joint Chiefs of Staff ADM Michael thank my colleagues for working hard order to get as many as possible to- Mullen testified before the Senate and to get this treaty passed and for being gether, we had to consolidate 70 or so urged us to ratify it. able to achieve that as well, people amendments down to a very few. Secretaries of State from the last within the administration. I appreciate The other side announced at the be- five Republican Presidents support the the cooperation some of us have had ginning of the debate there would be no treaty because they know—in their with the chairman of the Foreign Rela- amendments on the treaty itself or the words—‘‘The world is safer today be- tions Committee, the ranking member preamble. It turned out the amend- cause of the decades-long effort to re- and others who have worked hard to ments that were offered were all de- duce its supply of nuclear weapons.’’ try to complete, in a very short period feated, but we did have some amend- And an all-star team of Republican of time, what probably should have ments on the resolution of ratification. and Democratic national security lead- taken a lot longer period of time. But They, too, would have all been defeated ers support the treaty, including I appreciate their efforts to work with or were defeated, except for the fact former President George H.W. Bush, us in that regard. that we were willing to water them Colin Powell, Madeleine Albright, I would like to, briefly, speak to down and, therefore, had them accept- Brent Scowcroft, James Schlesinger, three things: the process, the problems, ed by the majority. Stephen Hadley, Senator Sam Nunn, and some positive results of the consid- Now we have very little time to and Senator John Warner. eration of this treaty. make closing statements because we Republicans have been included and For those who are watching, I can are going to adjourn sine die, meaning instrumental from the beginning. At tell you right now there is only one this is the end of the Congress. We will Senator KERRY’s urging, the resolution thing on the mind of everybody in this not have time to actually prepare writ- was crafted by Senator LUGAR to re- Chamber: How quickly are we going to ten statements for the RECORD. This is flect the views of our Republican col- get out of here. One colleague said: I a very brief statement to discuss pri- leagues. The Foreign Relations Com- have a plane to catch. How long are marily some positive things because mittee then adopted additional Repub- you going to talk? Will I be able to there is not time to lay out all the lican amendments in its mark-up. And catch it? problems that I think those of us who we have adopted four additional That is understandable because every oppose the treaty still believe are amendments on the floor. one of us wants to get home to our present in the treaty. Senator KYL raised legitimate con- families. I know there were some snide I agree with the comments the new- cerns about the state of our nuclear comments expressed about my concern est Member of the Senate, MARK KIRK, weapons complex, and the White House a week or so ago about the fact we made just a moment ago. He is very responded with an $85 billion commit- were going to be into Christmas week. well schooled in these issues, though a ment to upgrade it over the next 10 But now the reality is everybody wants new Member of the Senate. I associate years. to get out of here immediately so cut myself with a lot of the remarks he We have spent 8 days debating this short your comments, put them in the made. I think later, when we come treaty on the floor—that is longer than RECORD, and so on. back next year, we can chronicle the we spent on the original START—in a When I predicted a couple weeks ago things that were said in the debates bipartisan and productive debate. I that I didn’t think we had time to do and have a pretty good record of how it want to thank Chairman KERRY and everything the majority leader wanted all ended. But I fear more for the proc- Senator LUGAR for their tireless leader- to do and do it well, I had no idea how ess because of the precedent set that ship on this treaty and thank Senators many things would be added to the serious matters, such as the ones we on both side of the aisle who have agenda and how difficult that would be. have debated and dealt with, including worked hard to get this treaty com- Unfortunately, I think my prediction the treaty, were done in, to some ex- pleted. turned out to be correct. tent, a slipshod way, to some extent in

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.013 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10977 which there was not adequate time to treaty I wish to discuss in detail, but letters that have been entered into by do what the Senate should have done. because my colleagues want to catch members of the Appropriations Com- I also fear for the precedent set with airplanes, I will not. mittee, and we hope to work with our respect to treaty ratification. Essen- Let me focus then on the third and colleagues in the House of Representa- tially, on many of the issues that were last element here, which is, some new tives with whom we have not had raised—and I appreciate, I must say, things we learned from this treaty, enough contact on this issue. But hope- colleagues have been kind to me in and, frankly, some achievements that fully, as a result of everything we have their compliments. I appreciate that were obtained as a result of a lot of at- done, we will have an opportunity to very much. They were complimentary tention to it—being paid to it by our fund the modernization, as it becomes to me and my colleagues in saying we colleagues, a lot of great debate, par- clear more precisely what has to be were raising important issues that ticularly with respect to missile de- done, to ensure that all of that is ac- needed to be vetted, but in each case fense, modernization, and future arms complished within the appropriate this was not the time to do it, this was control agenda. timeframe. not the place to do it because if we One of the things I think we have When we started out, we had a pretty dare change one comma in this treaty, made some progress on is that this woeful amount of money dedicated to it would require that it be renegoti- may be the last arms control agree- the modernization of our nuclear facili- ated. There were some unspecified hor- ment for a while. Maybe we can get ties. Now we have a request from the rible results of the fact that we would back to focusing on the real issues, administration of a total of about $85 have to renegotiate the treaty because issues of proliferation, of terrorism billion over a decade to operate our fa- the Russians wouldn’t like what we dealing with threats from countries cilities. That includes about $15 billion did. such as North Korea and Iran. in new modernization spending. The precedent we are establishing is It is fine to have yet another Cold With the 1251 report coming from the that the Senate is a rubberstamp. War era type agreement with Russia. administration each year, we antici- Whatever a President negotiates with But the real issue is not between Rus- pate there will be further updates the Russians or somebody else, we dare sia and the United States, it is dealing which will demonstrate additional not change because otherwise it will with these other threats. So I suggest progress we can make in the mod- have to be renegotiated, to some great we move away from the distraction of ernization. In addition, I mentioned detriment to humanity, and I don’t agreements such as this, and on to the letter from the four key members think that is appropriate. I think our what is a more contemporary chal- of the Appropriations Committee in Founders, when they wrote into the lenge. I think as a result of the debate, this body. We hope to work with Mem- Constitution an equal role for the Sen- that will be possible to do. bers in the House of Representatives ate and the President, they meant it. I would quote one of our colleagues, likewise. Finally on this matter, one of the That role is advice and consent. We Condoleezza Rice, who served with last amendments that was adopted is a gave some advice in the last Defense great distinction as Secretary of State, certification requirement, which is a authorization bill. We said, for exam- and before that as National Security change to the resolution of ratification ple, don’t negotiate conventional Adviser, wrote recently in the Wall that, to the extent possible, the admin- Prompt Global Strike limitations and Street Journal and she said: istration will accelerate the planning don’t allow limitations on missile de- After this treaty, our focus must be on and design of the two major facilities fense. Both those things were done stopping dangerous proliferators, not on fur- here and, where appropriate, request against our advice. But we are being ther reductions of the U.S. and Russian stra- multiyear funding, of which my two asked to consent notwithstanding. tegic arsenals, which are really no threats to colleagues from Tennessee who are, as It seems to me, if the Senate is to each other or to international stability. usual, seated right here together, made have a role in the future on these kinds Presidential Adviser Gary Samore a very strong point—that we could not of treaties, we better come to an under- agreed, saying: only save a lot of money every year but standing if we are going to be able to If Iran succeeds in developing a nuclear ca- also accelerate the construction of make some changes. I don’t think any- pability, that would do more damage to the these facilities so we could complete body ever said the administration ever effort of the President to achieve a nuclear the life extension programs for our nu- got anything 100 percent right. We free world than anything. That is the real test of where we are clear weapons that are so critical. ought to be able to make some changes A third thing I think we did, which is headed. So I would hope the focus in or else we might as well avoid the proc- a very positive result, is to focus a lit- the future will be on the illicit pro- ess altogether because it is just a big tle bit also on the other aspect of mod- grams of Iran, of Korea, countries such waste of time. Eleven years ago when ernization; that is to say, the triad, our we considered the Comprehensive Test as Syria, and potentially focusing on nuclear triad of bombers, submarines, Ban Treaty and rejected that treaty, a some of the supporters of these coun- and ICBMs. lot of commentators said the Senate tries such as the country of China. The Secretary of Defense had made a had finally put its mark on the process These are the real challenges. I believe decision at the outset of the Obama ad- by conclusively demonstrating it would there would be bipartisan support in ministration that we would cancel the not be a rubberstamp and that would this body to address those challenges decision on the next generation of be a new era for the administration in next. bomber. It was very unclear whether it the future, having to pay some atten- But, secondly, I think as a result of was the intention of our government to tion to what the Senate said. I hope focusing on our nuclear arsenal, which have a nuclear-capable bomber part of this new START treaty is an aberra- we had to do by looking at this treaty, the nuclear triad. tion, rather than the beginning of a we have also learned that we have a Quoting General Chilton, who is the new precedent. very big challenge in this country. general responsible at Strategic Com- I will just tell you this. If the Com- And, fortunately and parallel with the mand on this, ‘‘We need service pro- prehensive Test Ban Treaty is brought treaty, we worked on this challenge, grams that sustain the long-term via- forward again, there will be a different the issue of how we can modernize our bility of our land-based, airborne, and process. Rather than the situation nuclear facilities and nuclear force and sea-based delivery platforms.’’ which obtained here, in which I did not the delivery vehicles of the triad that One of the amendments that was urge a single colleague to oppose this would deliver those vehicles. adopted, amendment No. 4864, does re- treaty until the time that cloture was I think we have all agreed we made quire the President to certify that he filed on it, I will urge every one of my significant improvement in that re- intends to modernize or replace the colleagues to oppose reconsideration of gard. The administration, I believe, has triad, a heavy bomber and air-launched the CTB. made a significant commitment to the cruise missile, nuclear capable, an So the process is not good. I have to modernization of our nuclear facilities. ICBM, and an SSBN and SLBM—in hope that the result of the way we han- And the Senate, in various ways in other words, the submarine leg, which dled it this year will not establish a dealing with this treaty, has done like- I believe the administration has al- new precedent. The problems of the wise, as well as through an exchange of ready begun to move forward on.

VerDate Mar 15 2010 04:54 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.065 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10978 CONGRESSIONAL RECORD — SENATE December 22, 2010 Also it would maintain the rocket many of us here in the Senate support. priate for a serious debate in the Sen- motor industrial base necessary to sup- It is simply the capability to deliver ate, proving again that while we can port continued production of ballistic not a nuclear warhead but a conven- disagree or will disagree, we can cer- missiles. This is very important, be- tional warhead by an ICBM at a very tainly do so agreeably. I thank my col- cause even if you modernize the war- long distance in a very relatively short leagues for their willingness to do that. heads, if you do not have modern deliv- period of time, to meet some of the new Mr. KERRY. Madam President, I ery vehicles to deliver them, obviously threats we are going to be facing in the you do not have a capable deterrent. future. thank the Senator. I know he has cur- And, of course, the Russians, who have Unfortunately, Prompt Global Strike tailed his remarks. I have cut mine. the most capable system other than is limited in the treaty. Notwith- But I do want to say a couple of things ours, are modernizing their delivery ve- standing that unfortunate linkage, as I as we try to wind down here. I want to hicles, especially their ICBMs and, as a said, I think we have had an oppor- thank the Senator from Arizona for result, I think we need to do that as tunity to obtain a more secure com- helping to get us to a point where we well. mitment from the administration on can vote now. I want to thank Senator I am very pleased we have been able the deployment of the Global Strike WYDEN who, 48 hours after surgery, has to resolve this question about a nu- capability, because the resolution of made himself available to come here clear-capable triad. I look forward to ratification now calls for a detailed re- and to be able to vote. We are appre- clear and unambiguous statements port on our CPGS objectives prior to ciative of that. from the administration in the future entry into the force of the treaty. As we end our debate on the New about this, and eventually getting a re- It will require the administration to START treaty, I believe we can say the placement for all three legs of the triad consider treaty limitations, methods of Senate has done its duty, and done it that need to be modernized. distinguishing nuclear, nonnuclear sys- Fourth, there was a lot of discussion tems, which are possible and should re- with diligence, serious purpose, and here about missile defense. I think lieve any concern that the Russians honor. And I am confident that our Na- without the treaty having come up, we have about the potential for a Prompt tion’s security—and that of the world— probably would not have spent the Global Strike weapon being confused will be enhanced by ratifying this trea- time and raised the issues with regard with a nuclear weapon. ty. to missile defense that were raised. We Apart from all of the things I just When we began this debate 8 days had a disagreement here about wheth- talked about there are other things in ago, I quoted CHRIS DODD’s farewell ad- er—or the extent to which the pre- the resolution of ratification that will dress, in which he reminded us that the amble to the treaty and article V of add some strength to the position that Founding Fathers had designed the the treaty and the signing statements those of us who oppose the treaty have Senate with these moments in mind. I taken, including working through the created a problem with respect to fur- think over the past week we have lived ther development of our missile de- Bilateral Consultative Commission, up to our moment. Senators have had fenses. not being undercut by that commis- opportunity to speak and debate. The But through this debate, I believe, sion, requiring an annual report certi- through commitments of the President fying Russian compliance with the fact is, we have considered this trea- in a letter that he wrote, through an terms of the New START treaty, things ty—a less complicated or far-reaching amendment to the resolution of ratifi- of that sort. treaty than START I—for longer than cation and a lot of statements for the I conclude that one of the things we we considered START I and START II record during this debate, we are much will have to do proactively from here combined. further down the road in predicting on out, in order to achieve some of the Admiral Mullen summed up our in- that we will be able to deploy the kind objectives that we have talked about terests in this treaty in a compelling of missile defense that is necessary to here, is to work with our House col- way. He said: protect not just our allies in Europe, leagues who have not been a part of for example, but also the continental this process, to share with them the I continue to believe that ratification of United States and the American peo- reasons we have concluded these things the New START Treaty is vital to U.S. na- ple. are important, to work together, the tional security. Through the trust it engen- To conclude this point, any attempt administration, my colleagues on the ders, the cuts it requires, and the flexibility it preserves, this treaty enhances our ability by the Russian Federation now to rees- Democratic side and our side, to con- to do that which we in the military have tablish a link between missile defense vince them each year of the necessary been charged to do: protect and defend the and strategic arms control will not appropriations that will be required, citizens of the United States. I am as con- succeed; that any argument that there among other things, for modernization fident in its success as I am in its safeguards. is a legal right to withdraw from the of both the triad and—I know my col- The sooner it is ratified, the better. treaty if we proceed with our deploy- leagues are anxious to leave. As a re- ment plans, as they will be commu- sult, I will cut my comments short to I think that is exactly right, and it is nicated to the Russians, will not stand. make this point. important to keep our fundamental So our friends in Russia do need to un- I again close, as I opened, by thank- charge to protect America foremost in derstand what we have done here. And ing colleagues for working under what our minds. we are making clear, as President are, frankly, very difficult cir- But I think there is something more Reagan once did, that U.S. missile de- cumstances, to try to compress every- to think about now. In the back and fenses are simply not open to a discus- thing into a very short period of time, forth of debates like this, as we dispute sion. They will not be part of future ne- to be on a START treaty at the same details and draw dividing lines, it is gotiations as well. time we are parachuting in all manner easy to lose sight of the magnitude of Finally, with regard to the Conven- of other issues and trying to get those the decision we are making. tional Prompt Global Strike, I think resolved. This has not been easy. we made some progress there. Very few For those colleagues who were pa- Because sometimes, when we repeat people had ever heard the phrase, knew tient and expressed desire to do things and repeat and repeat certain words what it was. The Senate did give its ad- on the floor that we did not have time and phrases they become routine and vice in last year’s Defense bill not to for, I appreciate their indulgences and ritual, and their true meaning fades limit it. But, nevertheless, it was lim- appreciate the courtesies that everyone away. When we argue about the dif- ited in the treaty. I think our debate has extended. This has been very conference between 700 delivery vehicles about it here has helped to educate tentious, and yet the disagreements be- and 720, we may forget that in the final Members as to the need for this, some- tween us have never risen to any level analysis, regardless of where we stand thing both the administration and beyond that which is totally appro- on the START treaty, this is one of

VerDate Mar 15 2010 04:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.067 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10979 those rare times in the U.S. Senate, great and common endeavor. The best sonnel. Verification and dismantle- one of the only times in all our service of our history has proven the wisdom ment activities require tremendous co- here, when we have it in our power to of that vision. There was that defining operation on mundane engineering safeguard or endanger human life on moment when Senator Daniel Webster challenges, equipment and supply lo- this planet. More than any other, this stood at his desk in this Chamber to gistics, and legal frameworks that issue should transcend politics. More address the fundamental moral issue of allow these activities to proceed. than any other, this issue should sum- slavery. The words with which he start- Ironically the exacting nature of mon our best instincts and our highest ed were stark and simple, and they arms verification and elimination may sense of responsibility. More than at should guide us today and every day. be a blessing. The challenges of this almost any other time, the people of He said: ‘‘I speak not as a Massachu- work and the amount of information the world are watching us because they setts man, nor a northern man, but as that both sides are required to ex- rely on our leadership and because this an American.’’ This is the very defini- change have improved transparency issue involves not simply our lives and tion of what it means to be a Senator. and forced our countries to build pro- the lives of our children but their lives To speak not for one State but for one ductive partnerships over time. and the lives of their children as well. America. To remember that the whole The Foreign Relations Committee So it is altogether fitting that we world is watching. So it is now, and so held a hearing on June 24 in which De- have debated and now we decide not in it has been across the decades during fense Department officials in charge of a campaign season, but in a season which so many Presidents and Sen- verification and dismantlement activi- that celebrates and summons us to the ators of both parties, citizens in every ties in the former Soviet Union testi- ideal of peace on Earth. Yes, we have part of the country, have struggled and fied. These officials oversee dismantle- contended about schedules. Yes, the at critical turning points succeeded in ment work in Russia that occurs every constant chatter on cable speculates pushing back the dark frontier of nu- day. Their agencies oversaw about whether we would approve the clear conflict. The efforts have not al- verification under START I before the treaty in time to get out of here for ways been perfect; nothing in life or treaty expired on December 5, 2009. Christmas. But the question is not policy ever is. But as we end this de- They would oversee the verification whether we get out of here for a holi- bate now, let us take our own step for- work required under the New START day; the question is whether we move ward for America and for the world. As treaty. the world a little more out of the dark stewards of enormous destructive They described in detail how shadow of nuclear nightmare. For power, we too can become the stewards verification operations are conducted whatever our faith, the right place for of peace. and gave Senators a picture of how the us at this time of year, no matter how The VICE PRESIDENT. The Senator United States and Russia cooperate on long it may take, is here in the Senate from Indiana. technically challenging nonprolifera- where we now have a unique capacity Mr. LUGAR. Mr. President, as the tion goals. Only five members of the to give a priceless gift not just to our Senate approaches a point of decision committee attended that hearing. I friends and family, but to our fellow on the New START treaty, I would like wish that every Senator could have at- men and women everywhere. When to offer a few concluding thoughts. tended, because the presentation un- Robert Oppenheimer left Los Alamos My attitudes towards the enterprise derscored how much the START proc- after the atomic bomb was dropped, he of arms control have been affected by ess links our two defense establish- said, ‘‘The peoples of this world must the time I have spent during the last ments and how critical the START unite or they will perish. This war, two decades visiting remote areas of framework is to nonproliferation ac- that has ravaged so much of the earth, Russia in an effort to bolster Nunn- tivities. has written these words. The atomic Lugar dismantlement operations. When bomb has spelled them out for all men one sees Russian SS–18 ballistic mis- Mr. President, there is a maxim that to understand. . . . By our works we siles being cut up at Surovatikha, or has been popularized in American cin- are committed, committed to a world when one witnesses the dismantlement ema, variants of which have sometimes united, before this common peril, in of a Typhoon ballistic missile sub- been attributed to early political phi- law and in humanity.’’ That is what marine at the SevMash facility on the losophers such as Sun Tsu or Machia- brings us to this moment. approaches to the Barents Sea, one velli. It is ‘‘Keep your friends close, but Last night, a friend called my atten- gets a clear picture of the enormity of your enemies closer.’’ I am not sug- tion to the meditation of Pope John the problem that confronted us during gesting that Russia is an enemy. Our Paul II when he visited Hiroshima. He the Cold War. relationship with that country is far said that from the memory of those With all the destructive power that more complex. It is a relationship that awesome mushroom clouds over Hiro- was created during that era amidst in- is both wary and hopeful. We admire shima and Nagasaki we must draw the tense suspicion and enmity between the Russian people and their cultural ‘‘conviction that man who wages war the United States and the former So- and scientific achievements, while la- can also successfully make peace.’’ viet Union, we were extraordinarily menting continuing restrictions on This month in homes across this land, fortunate to have avoided a mishap their civil and political liberties. We Americans are honoring moments in that could have destroyed American recognize the potential for U.S.-Rus- the history of faith that enshrine the civilization. During the last two dec- sian cooperation based on deep com- values that guide us all regardless of ades, we have circumscribed the nu- monalities in our history and geog- faith. We in the Senate, only 100 of us clear problem, but we have not elimi- raphy, even as we are frustrated that in a world of billions, should be hum- nated it. Our cities remain vulnerable Cold War sensibilities are difficult to bled and proud that in this month we to accident, miscalculation, and pro- dislodge. have the privilege of reducing the risks liferation stemming from the Russian Although we can and must make sit- of war and advancing the cause of nuclear arsenal. And we still must pay uational judgments to engage Russia, peace. very close attention to the disposition such engagement is no guarantee that So think of what is at stake here and of Russian nuclear forces. we will experience a convergence of of the role we now have to play, not Visiting dismantlement operations in perceived interests or the elimination only in the governing of our country Russia also underscores that arms con- of friction. but literally in the life of the world. trol is a technically challenging en- But one does not have to abandon Here more than ever our power to ad- deavor. In these debates we generally one’s skepticism of the Russian Gov- vise and consent is more than some ar- focus on the balance of nuclear forces, ernment or dismiss contentious foreign cane procedural matter. The Framers deterrence theories, diplomatic maneu- policy disagreements with Moscow to of the Constitution created the Senate vers, and other aspects of high invest in the practical enterprise of nu- with a vision of statesmanship, that statecraft. But arms control is also a clear verification and transparency. In here narrow interests would yield to ‘‘nuts and bolts’’ enterprise involving fact, it is precisely the friction in our the national interest, that petty quar- thousands of American and Russian broader relationship that makes this rels would be set aside in pursuit of technicians, officials, and military per- treaty so important.

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.025 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10980 CONGRESSIONAL RECORD — SENATE December 22, 2010 It would be an incredible strategic Moreover, the treaty review process The VICE PRESIDENT. Without ob- blunder to sever our START relation- has produced a much stronger Amer- jection, it is so ordered. ship with Russia when that country ican political consensus in favor of The majority leader is recognized. still possesses thousands of nuclear modernization of our nuclear forces f weapons. We would be distancing our- and implementation of our miile de- selves from a historic rival in the area fense plans. This includes explicit com- JAMES ZADROGA 9/11 HEALTH AND where our national security is most af- mitments by the President and con- COMPENSATION ACT OF 2010 fected and where cooperation already gressional appropriators. In the ab- Mr. REID. Mr. President, as in legis- has delivered successes. When it comes sence of the New START treaty, I be- lative session, I ask unanimous consent to our nuclear arsenals we want to lieve this consensus would be more dif- that the Senate proceed to the consid- keep Russia close. There are enough ficult to maintain. We have the chance eration of Calendar No. 641, H.R. 847, centripetal forces at work without today not only to approve the New the James Zadroga 9/11 Health and abandoning a START process that has START treaty, but also to solidify our Compensation Act of 2010; further, that prevented surprises and miscalcula- domestic determination to achieve the Gillibrand-Schumer substitute tions for 15 years. these national security goals. amendment, which is at the desk, be The New START agreement came I began the Senate debate on this agreed to, the Senate proceed to a vote about because the United States and treaty last week by citing a long list of on the bill immediately, as amended, Russia, despite differences on many the national security threats that cur- with no intervening action or debate, geopolitical issues, do have coincident rently occupy our nation and our mili- further, that if the bill is passed, the interests on specific matters of nuclear tary. Our troops are heavily engaged in motions to reconsider be laid upon the security. We share an interest in lim- Afghanistan and Iraq. We are fighting a table with no intervening action or de- iting competition on expensive weap- global terrorist threat. And we are bate, and any statements relating to ons systems that do little to enhance seeking to resolve the dangerous cir- this matter be printed in the RECORD. the productivity of our respective soci- cumstances surrounding nuclear weap- The VICE PRESIDENT. The clerk eties. We share an interest in achieving ons programs in Iran and North Korea. will report the bill by title. predictability with regard to each oth- We are attempting to address these and The legislative clerk read as follows: er’s nuclear forces so we are not left many other national security questions guessing about equal potential A bill (H.R. 847) to amend the Public at a time of growing resource con- Health Service Act to extend and improve vulnerabilities. We share an interest in straints reflected in a $14 trillion debt. protections and services to individuals di- cooperating broadly on keeping weap- In this context the U.S. Senate has a rectly impacted by the terrorist attack in ons of mass destruction out of the chance today to constrain expensive New York City on September 11, 2001, and for hands of terrorists. And we share an in- arms competition with Russia. We have other purposes. terest in maintaining lines of commu- chance to guarantee transparency and There being no objection, the Senate nication between our political and confidence-building procedures that proceeded to consider the bill. military establishments that are based contribute to our fundamental national The VICE PRESIDENT. Under the on the original START agreement. security. We have a chance to frustrate previous order, the substitute amend- Over the last 7 months the Senate rogue nations who would prefer as ment is agreed to. has performed due diligence on the New much distance as possible between the The amendment (No. 4923) was agreed START treaty. Most importantly, we United States and Russia on nuclear to. have gathered and probed military questions. And we have a chance to (The amendment is printed in today’s opinion about what the treaty would strike a blow against nuclear prolifera- RECORD under ‘‘Text of Amendments.’’) mean for our national defense. We have tion that deeply threatens American Mr. CONRAD. Mr. President, this is heard from the top military leadership, citizens and our interests in the world. the Statement of Budgetary Effects of as well as the commanders who oversee I am hopeful that the Senate will em- PAYGO Legislation for H.R. 847, as our nuclear weapons and our missile brace this opportunity to bolster U.S. amended. defense. We have heard from former national security by voting to approve Total Budgetary Effects of H.R. 847 for the Secretaries of Defense and STRATCOM the New START treaty. 5-year Statutory PAYGO Scorecard: net de- commanders who have confirmed the I thank the Chair. crease in the deficit of $101 million. judgment of current military leaders. Mr. KERRY. Mr. President, I suggest Total Budgetary Effects of H.R. 847 for the Their answers have demonstrated a the absence of a quorum. 10-year Statutory PAYGO Scorecard: net de- carefully-reasoned military consensus The VICE PRESIDENT. The clerk crease in the deficit of $443 million. in favor of ratifying the treaty. Rejec- will call the roll. Also submitted for the RECORD as tion of such a consensus on a treaty The assistant legislative clerk pro- part of this statement is a table pre- that affects fundamental questions of ceeded to call the roll. pared by the Congressional Budget Of- nuclear deterrence would be an ex- Mr. KERRY. Mr. President, I ask fice, which provides additional infor- traordinary action for the Senate to unanimous consent that the order for mation on the budgetary effects of this take. the quorum call be rescinded. Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847, THE JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010 (VERSION BAI10697), AS ADOPTED BY THE SENATE ON DECEMBER 22, 2010 [By fiscal year, in millions of dollars]

2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Decifit Statutory Pay-As-You-Go Impact ...... ¥242 106 170 56 ¥191 1,398 ¥346 ¥466 ¥461 ¥457 ¥101 ¥433 Note: Components may not sum to totals because of rounding. The amendment would establish a program for health care benefits for eligible emergency personnel who responded to the September 11, 2001, terrorist attacks and eligible residents and others present in the area of New York City near the World Trade Center. The legislation also would provide compensation payments to certain individuals for death and physical injury claims resulting from the attacks. The amendment would extend for one year certain fees on L and H–1B nonimmigrants that currently expire after fiscal year, 2014, and would impose a 2 percent excise tax on payments made to certain foreign persons by federal agencies to obtain certain goods or services. Source: Congressional Budget Office and the staff of the Joint Committee on Taxation.

Mr. LEAHY. Mr. President, I have people. We were sent here to the Sen- attacks on September 11th. We cannot heard complaints over the past few ate to do the work of the American turn our backs on these injured and days about why we in the Senate are people, and we have been trying to ailing first responders. This is a defin- still working so close to the Christmas complete our work for the past several ing issue of our American values—how holiday. All of us would rather be home weeks. One remaining issue demands we serve those who have sacrificed for with our families, but of course we our attention: taking care of the Amer- our Nation. were sent here to serve the American icans who responded to the terrorist

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.032 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10981 Almost a decade ago, in the after- congratulate my colleagues on their Now imagine the help you need—the math of attack, I visited the Fresh leadership and their willingness to health care and compensation you de- Kills Landfill on Staten Island, NY. come to the table to find a workable serve—is within reach. But your Sen- There, I witnessed detectives and med- solution to ensure that we do not for- ator is keeping it from you. ical professionals conduct the heart- get those who risked their lives on Sep- That is exactly what is happening breaking work to sort debris from the tember 11, 2001. right now. The courageous first re- World Trade Center Towers in order to Today, the Senate reached an agree- sponders and rescue workers who were recover the remains and personal ef- ment to move forward on legislation the first on the scene at Ground Zero fects of those killed in the 9/11 attacks. that would create a program dedicated need our help. It is difficult to describe how moving exclusively to provide screening and It is all so hard to imagine. It is hard and powerful this was. It affirmed my treatment to the first responders and to imagine we would have the courage faith in the goodness of America and other men and women who participated to do what they did that day—and that its citizens. in rescue efforts at the World Trade is why we revere these first responders. These Americans were doing every- Center. And it is hard to imagine their leaders thing they could to bring what little As I have said repeatedly, the work would abandon them like this. comfort and closure they could to the of my colleagues, Ms. GILLIBRAND and We should all be embarrassed we are survivors of those killed. They were Mr. SCHUMER, are honorable and good. still here, at this late date, talking acting not for themselves but for their As I have said in every meeting that I about this bill. This is not controver- fellow citizens. These men and women have held—whether meeting with fire- sial—it is common sense. We should were driven by the same sense of patri- fighters and police officers in Massa- never, ever waste a minute before rush- otism and compassion that drove so chusetts, whether it be with Mayor ing to help the heroes of 9/11. We should many brave Americans to rush from Bloomberg of New York City or New never, ever waste a minute before rush- across the United States to respond at York City Police Commissioner Kelly— ing to help the victims of that day. Ground Zero. Their acts of heroism, I support their efforts and their good These first responders are both—and selflessness, and patriotism were em- work and dedication to make sure that this delay is simply inexcusable. blematic of how Americans came to- none of the heroes from September 11, This new program will make sure we gether for one another. 2001 are left behind or forgotten. do our jobs just as they did theirs. It The legislation we consider today is I support this agreement because it sets up a program that will monitor the least we can do for these men and represents what the Senate should be the health and treatment of the thou- women who answered the call of their about: coming together, working to- sands of rescue workers and survivors Nation in our moment of crisis. It is gether, and finding common ground of 9/11 and makes sure they get the and workable solutions. Today, in the for the 30 New York City police officers care they need. who have died since September 11, 2001, final hours of the 111th Congress, we The authors of this bill have written as the result of illnesses brought on by did just that by providing benefits to protections into it to ensure the qual- the first responders in a realistic and exposure to the toxic dust and debris. ity of the medical treatment it delivers pragmatic way. It is for the 13,000 first responders who and to protect it from fraud. But, M. President, I continue to have are sick as a result of their brave ac- As far as legislation and leadership reservations regarding the offsets that go, this one is a no-brainer. But oppo- tions at Ground Zero. It is for the thou- are used to provide these benefits. As I nents have tried every excuse to stand sands of men and women who came have said to my colleagues, I am con- from across the United States to help cerned because I am not 100 percent in the way. On each count, they’re the people of New York and our coun- confident that the suggested offsets wrong. It’s not a new entitlement—in fact, try. And it is for the thousands more will materialize because of potential who will need medical care in the fu- legal challenges or questionable trade it’s fiscally responsible and its funding ture. They deserve the continuing sup- implications. is capped. Checks and balances are in port and assistance of their govern- We should not forget the lives that place to make sure all claims are le- ment, on behalf of all Americans. were lost on September 11, 2001. The gitimate. And when this program is es- It is deeply disappointing that pass- lives that were risked that day. And tablished, it will be used only as a last ing this legislation has been so dif- those who continue to live with scars resort—only if it’s needed after private ficult. It should not be. If there is one from that day. And I can assure you, health insurance and workers’ com- thing on which we should find una- we won’t. pensation aren’t sufficient or fast nimity, it is fulfilling our obligation to I am supporting this legislation be- enough. the men and women who gave so much cause it provides access to the health None of these men and women to help others on 9/11. These men and care and treatment that our heroes de- thought twice before trying to save the women asked nothing before they serve. And I greatly appreciate the lives of their fellow Americans. Neither acted. They did what they thought was input and patience of so many fire- should we. right. It is long past time for the Sen- fighters and first responders from my We all know the Capitol might not be ate to do what is right by them. own state of Massachusetts, for whom I standing without the courage of men I applaud the Senators from New have tremendous respect and gratitude and women who became heroes that York. They have worked tirelessly and for all that they do. day. How can we stand in this building in the end agreed to compromise with a Thank you, Mr. President. And I and vote against helping their fellow few of Senators on the other side of the yield the floor. heroes—people who were the first to re- aisle who were blocking action on this Mr. REID. Mr. President, the horror spond when the unimaginable hap- bill to help these first responders. The of September 11 was unforgettable, and pened? legislation we will pass today does not so much about that day was unimagi- The VICE PRESIDENT. The question go as far as many of us hoped and be- nable. is on the engrossment of the amend- lieve appropriate, but it will go a long But imagine you had the courage to ment and third reading of the bill. way to help the dedicated police offi- run into the disaster everyone else was The amendment was ordered to be cers, firefighters, construction work- running away from. And because of the engrossed and the bill to be read a ers, and medical personnel who were toxic fumes and smoke you breathed in third time. injured because of their service at a while you were working there, you got The bill was read the third time. time of great national need. I cannot terribly sick. The VICE PRESIDENT. The bill hav- think of a better measure to end our And almost a decade later, you are ing been read the third time, the ques- work on in this Chamber than the mes- still suffering. You have trouble tion is, Shall the bill, as amended, sage that we honor their service by breathing, or maybe a tumor, or some pass? taking care of the injuries they sus- other lung or heart disease. You knew The bill (H.R. 847), as amended, was tained while serving. you would be risking your life, but you passed. Mr. BROWN of Massachusetts. Mr. probably didn’t know it would—like Mr. REID. I move to reconsider the President, I come to the floor today to this. vote.

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.071 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10982 CONGRESSIONAL RECORD — SENATE December 22, 2010 Mr. KERRY. I move to lay that mo- Mr. KYL. The following Senators are acting or has acted in a manner that is in- tion on the table. necessarily absent: the Senator from consistent with the object and purpose of the The motion to lay on the table was Missouri (Mr. BOND), the Senator from New START Treaty, or is in violation of the New START Treaty, so as to threaten the agreed to. Kansas (Mr. BROWNBACK), and the Sen- national security interests of the United f ator from Kentucky (Mr. BUNNING). States, then the President shall— TREATY WITH RUSSIA ON MEAS- Further, if present and voting, the (A) consult with the Senate regarding the URES FOR FURTHER REDUCTION Senator from Kentucky (Mr. BUNNING) implications of such actions for the viability AND LIMITATION OF STRATEGIC would have voted ‘‘nay.’’ of the New START Treaty and for the na- The yeas and nays resulted—yeas 71, tional security interests of the United OFFENSIVE ARMS—Continued nays 26, as follows: States; (B) seek on an urgent basis a meeting with The VICE PRESIDENT. The majority [Rollcall Vote No. 298 Ex.] leader. the Russian Federation at the highest diplo- Mr. REID. Mr. President, I ask unan- YEAS—71 matic level with the objective of bringing imous consent that there be no other Akaka Feinstein Mikulski the Russian Federation into full compliance Alexander amendments, motions, or points of Franken Murkowski with its obligations under the New START Baucus Gillibrand Murray Treaty; and order in order in relation to the treaty Bayh Gregg Nelson (NE) (C) submit a report to the Senate promptly or the resolution of ratification; that Begich Hagan Nelson (FL) thereafter, detailing— the Senate immediately proceed with Bennet Harkin Pryor (i) whether adherence to the New START Bennett Inouye Reed no intervening action or debate to a Bingaman Isakson Treaty remains in the national security in- Reid terests of the United States; and vote on the Resolution of Advise and Boxer Johanns Rockefeller Brown (MA) Johnson (ii) how the United States will redress the Consent to Ratification, as amended, Sanders Brown (OH) Kerry Schumer impact of Russian actions on the national se- to the New START Treaty, Treaty Doc- Cantwell Klobuchar Shaheen curity interests of the United States. ument No. 111–5; that if the resolution Cardin Kohl (2) PRESIDENTIAL CERTIFICATIONS AND RE- is adopted, the motion to reconsider be Carper Landrieu Snowe Specter PORTS ON NATIONAL TECHNICAL MEANS.—(A) laid upon the table and the President Casey Lautenberg Prior to the entry into force of the New Cochran Leahy Stabenow of the United States be immediately Collins Levin Tester START Treaty, and annually thereafter, the notified of the Senate’s action; that Conrad Lieberman Udall (CO) President shall certify to the Senate that upon disposition of the New START Coons Lincoln Udall (NM) United States National Technical Means, in treaty, the Senate proceed to a vote on Corker Lugar Voinovich conjunction with the verification activities Dodd Manchin Warner confirmation of the nomination of Cal- provided for in the New START Treaty, are Dorgan McCaskill Webb sufficient to ensure effective monitoring of endar No. 1089, Mary Helen Murguia, of Durbin Menendez Whitehouse Russian compliance with the provisions of Feingold Merkley Wyden Arizona, to be a U.S. circuit judge for the New START Treaty and timely warning the Ninth Circuit; that if the nomina- NAYS—26 of any Russian preparation to break out of tion is confirmed, the motion to recon- Barrasso Graham McConnell the limits in Article II of the New START sider be laid upon the table and the Burr Grassley Risch Treaty. Following submission of the first President be immediately notified of Chambliss Hatch Roberts such certification, each subsequent certifi- the Senate’s action; that following the Coburn Hutchison Sessions cation shall be accompanied by a report to Cornyn Inhofe Shelby the Senate indicating how United States Na- vote on the Murguia nomination, the Crapo Kirk Thune tional Technical Means, including collection, Senate immediately proceed to a vote DeMint Kyl Vitter processing, and analytic resources, will be on Calendar No. 934, Scott M. Mathe- Ensign LeMieux Wicker Enzi McCain utilized to ensure effective monitoring. The son, Jr., of Utah, to be a U.S. circuit first such report shall include a long-term judge for the Tenth Circuit; that if the NOT VOTING—3 plan for the maintenance of New START nomination is confirmed, the motion to Bond Brownback Bunning Treaty monitoring. Each subsequent report reconsider be laid upon the table and The VICE PRESIDENT. On this vote, shall include an update of the long-term the President be immediately notified the yeas are 71, the nays are 26. Two- plan. Each such report may be submitted in either classified or unclassified form. of the Senate’s action; further, that thirds of the Senators present and vot- upon disposition of the Matheson nomi- (B) It is the sense of the Senate that moni- ing having voted in the affirmative, the toring Russian Federation compliance with nation, I ask unanimous consent that resolution of ratification, as amended, the New START Treaty is a high priority the Senate proceed to the consider- is agreed to. and that the inability to do so would con- ation of the following judicial nomina- The resolution of ratification agreed stitute a threat to United States national se- tions en bloc: Calendar Nos. 1119, 1120, to is as follows: curity interests. and 1139, that is, Kathleen M. O’Malley, (3) Reductions.—(A) The New START Trea- TREATY APPROVED Beryl Alaine Howell, and Robert Leon ty shall not enter into force until instru- Treaty with Russia on Measures for Fur- Wilkins; that the nominations be con- ments of ratification have been exchanged in ther Reduction and Limitation of Strategic accordance with Article XIV of the New firmed en bloc, the motion to recon- Offensive Arms (Treaty Doc. 111–5). START Treaty. sider be considered made and laid upon Resolution of ratification as amended: (B) If, prior to the entry into force of the the table en bloc, the President be im- Resolved, (two-thirds of the Senators present New START Treaty, the President plans to mediately notified of the Senate’s ac- concurring therein), implement reductions of United States stra- tion, and the Senate then resume legis- That the Senate advises and consents to tegic nuclear forces below those currently lative session. the ratification of the Treaty between the planned and consistent with the Treaty Be- The VICE PRESIDENT. Is there ob- United States of America and the Russian tween the United States of America and the Federation on Measures for the Further Re- jection? Russian Federation on Strategic Offensive duction and Limitation of Strategic Offen- Reductions, signed at Moscow on May 24, Without objection, it is so ordered. sive Arms, signed in Prague on April 8, 2010, The question is on the adoption of 2002 (commonly referred to as ‘‘the Moscow with Protocol, including Annex on Inspec- Treaty’’), then the President shall— the resolution of ratification, as tion Activities to the Protocol, Annex on No- (i) consult with the Senate regarding the amended, to the treaty between the tifications to the Protocol, and Annex on effect of such reductions on the national se- United States of America and the Rus- Telemetric Information to the Protocol, all curity of the United States; and sian Federation on Measures for the such documents being integral parts of and (ii) take no such reductions until the Further Reduction and Limitation of collectively referred to in this resolution as President submits to the Senate the Presi- Strategic Offensive Arms, signed in the ‘‘New START Treaty’’ (Treaty Document dent’s determination that such reductions Prague on April 8, 2010, with Protocol. 111–5), subject to the conditions of subsection are in the national security interest of the Mr. KERRY. Mr. President, I ask for (a), the understandings of subsection (b), and United States. the declarations of subsection (c). (4) TIMELY WARNING OF BREAKOUT.—If the the yeas and nays. (a) CONDITIONS.—The advice and consent of President determines, after consultation The VICE PRESIDENT. Is there a the Senate to the ratification of the New with the Director of National Intelligence, sufficient second? START Treaty is subject to the following that the Russian Federation intends to There is a sufficient second. conditions, which shall be binding upon the break out of the limits in Article II of the The clerk will call the roll. President: New START Treaty, the President shall im- The assistant legislative clerk called (1) GENERAL COMPLIANCE.—If the President mediately inform the Committees on For- the roll. determines that the Russian Federation is eign Relations and Armed Services of the

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.073 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10983 Senate, with a view to determining whether weapon system not listed in paragraph 8 of year beginning with January 31, 2012, which circumstances exist that jeopardize the su- Article III of the New START Treaty, or a will provide— preme interests of the United States, such system not deployed by the Russian Federa- (A) details on each Party’s reductions in that withdrawal from the New START Trea- tion prior to December 5, 2009; strategic offensive arms between the date ty may be warranted pursuant to paragraph (B) it is in the national security interest of the New START Treaty entered into force 3 of Article XIV of the New START Treaty. the United States to provide such telemetric and December 31, 2011, or, in subsequent re- (5) UNITED STATES MISSILE DEFENSE TEST information; and ports, during the previous year; TELEMETRY.—Prior to entry into force of the (C) provision of such telemetric informa- (B) a certification that the Russian Fed- New START Treaty, the President shall cer- tion will not undermine the effectiveness of eration is in compliance with the terms of tify to the Senate that the New START such system. the New START Treaty, or a detailed discus- Treaty does not require, at any point during (8) BILATERAL CONSULTATIVE COMMISSION.— sion of any noncompliance by the Russian which it will be in force, the United States Not later than 15 days before any meeting of Federation; to provide to the Russian Federation tele- the Bilateral Consultative Commission to (C) a certification that any conversion and metric information under Article IX of the consider a proposal for additional measures elimination procedures adopted pursuant to New START Treaty, Part Seven of the Pro- to improve the viability or effectiveness of Article VI of the New START Treaty and tocol, and the Annex on Telemetric Informa- the New START Treaty or to resolve a ques- Part Three of the Protocol have not resulted tion to the Protocol for the launch of— tion related to the applicability of provisions in ambiguities that could defeat the object (A) any missile defense interceptor, as de- of the New START Treaty to a new kind of and purpose of the New START Treaty, or— fined in paragraph 44 of Part One of the Pro- strategic offensive arm, the President shall (i) a list of any cases in which a conversion tocol to the New START Treaty; consult with the Chairman and ranking mi- or elimination procedure that has been dem- (B) any satellite launches, missile defense nority member of the Committee on Foreign onstrated by Russia within the framework of sensor targets, and missile defense intercept Relations of the Senate with regard to the Bilateral Consultative Commission re- targets, the launch of which uses the first whether the proposal, if adopted, would con- mains ambiguous or does not achieve the stage of an existing type of United States stitute an amendment to the New START goals set forth in paragraph 2 or 3 of Section ICBM or SLBM listed in paragraph 8 of Arti- Treaty requiring the advice and consent of I of Part Three of the Protocol; and cle III of the New START Treaty; or the Senate, as set forth in Article II, section (ii) a comprehensive explanation of steps (C) any missile described in clause (a) of 2, clause 2 of the Constitution of the United the United States has taken with respect to paragraph 7 of Article III of the New START States. each such case; Treaty. (9) UNITED STATES COMMITMENTS ENSURING (D) an assessment of the operation of the (6) CONVENTIONAL PROMPT GLOBAL STRIKE.— THE SAFETY, RELIABILITY, AND PERFORMANCE New START Treaty’s transparency mecha- (A) The Senate calls on the executive branch OF ITS NUCLEAR FORCES.—(A) The United nisms, including— to clarify its planning and intent in devel- States is committed to ensuring the safety, (i) the extent to which either Party oping future conventionally armed, stra- reliability, and performance of its nuclear encrypted or otherwise impeded the collec- tegic-range weapon systems. To this end, forces. It is the sense of the Senate that— tion of telemetric information; and prior to the entry into force of the New (i) the United States is committed to pro- (ii) the extent and usefulness of exchanges START Treaty, the President shall provide a ceeding with a robust stockpile stewardship of telemetric information; and (E) an assessment of whether a strategic report to the Committees on Armed Services program, and to maintaining and modern- imbalance exists that endangers the national and Foreign Relations of the Senate con- izing the nuclear weapons production capa- security interests of the United States. taining the following: bilities and capacities, that will ensure the (11) STRATEGIC NUCLEAR DELIVERY VEHI- (i) A list of all conventionally armed, stra- safety, reliability, and performance of the tegic-range weapon systems that are cur- CLES.—Prior to the entry into force of the United States nuclear arsenal at the New New START Treaty, the President shall cer- rently under development. START Treaty levels and meet requirements (ii) An analysis of the expected capabilities tify to the Senate that the President intends for hedging against possible international to— of each system listed under clause (i). developments or technical problems, in con- (iii) A statement with respect to each sys- (A) modernize or replace the triad of stra- formance with United States policies and to tem listed under clause (i) as to whether any tegic nuclear delivery systems: a heavy underpin deterrence; of the limits in Article II of the New START bomber and air-launched cruise missile, an (ii) to that end, the United States is com- Treaty apply to such system. ICBM, and an SSBN and SLBM; and (iv) An assessment of the costs, risks, and mitted to maintaining United States nuclear (B) maintain the United States rocket benefits of each system. weapons laboratories and preserving the core motor industrial base. (v) A discussion of alternative deployment nuclear weapons competencies therein; and (12) TACTICAL NUCLEAR WEAPONS.—(A) Prior options and scenarios for each system. (iii) the United States is committed to pro- to the entry into force of the New START (vi) A summary of the measures that could viding the resources needed to achieve these Treaty, the President shall certify to the help to distinguish each system listed under objectives, at a minimum at the levels set Senate that— clause (i) from nuclear systems and reduce forth in the President’s 10-year plan provided (i) the United States will seek to initiate, the risks of misinterpretation and of a re- to the Congress pursuant to section 1251 of following consultation with NATO allies but sulting claim that such systems might alter the National Defense Authorization Act for not later than one year after the entry into strategic stability. Fiscal Year 2010 (Public Law 111–84). force of the New START Treaty, negotia- (B) The report under subparagraph (A) may (B) If appropriations are enacted that fail tions with the Russian Federation on an be supplemented by a classified annex. to meet the resource requirements set forth agreement to address the disparity between (C) If, at any time after the New START in the President’s 10-year plan, or if at any the non-strategic (tactical) nuclear weapons Treaty enters into force, the President deter- time more resources are required than esti- stockpiles of the Russian Federation and of mines that deployment of conventional war- mated in the President’s 10-year plan, the the United States and to secure and reduce heads on ICBMs or SLBMs is required at lev- President shall submit to Congress, within 60 tactical nuclear weapons in a verifiable man- els that cannot be accommodated within the days of such enactment or the identification ner; and limits in Article II of the New START Trea- of the requirement for such additional re- (ii) it is the policy of the United States ty while sustaining a robust United States sources, as appropriate, a report detailing— that such negotiations shall not include de- nuclear triad, then the President shall im- (i) how the President proposes to remedy fensive missile systems. mediately consult with the Senate regarding the resource shortfall; (B) Not later than one year after the entry the reasons for such determination. (ii) if additional resources are required, the into force of the New START Treaty, and an- (7) UNITED STATES TELEMETRIC INFORMA- proposed level of funding required and an nually thereafter for the duration of the New TION.—In implementing Article IX of the identification of the stockpile work, cam- START Treaty or until the conclusion of an New START Treaty, Part Seven of the Pro- paign, facility, site, asset, program, oper- agreement pursuant to subparagraph (A), the tocol, and the Annex on Telemetric Informa- ation, activity, construction, or project for President shall submit to the Committees on tion to the Protocol, prior to agreeing to which additional funds are required; Foreign Relations and Armed Services of the provide to the Russian Federation any (iii) the impact of the resource shortfall on Senate a report— amount of telemetric information on a the safety, reliability, and performance of (i) detailing the steps taken to conclude United States test launch of a convention- United States nuclear forces; and the agreement cited in subparagraph (A); and ally armed prompt global strike system, the (iv) whether and why, in the changed cir- (ii) analyzing the reasons why such an President shall certify to the Committees on cumstances brought about by the resource agreement has not yet been concluded. Foreign Relations and Armed Services of the shortfall, it remains in the national interest (C) Recognizing the difficulty the United Senate that— of the United States to remain a Party to States has faced in ascertaining with con- (A) the provision of United States tele- the New START Treaty. fidence the number of tactical nuclear weap- metric information— (10) ANNUAL REPORT.—As full and faithful ons maintained by the Russian Federation (i) consists of data that demonstrate that implementation is key to realizing the bene- and the security of those weapons, the Sen- such system is not subject to the limits in fits of the New START Treaty, the President ate urges the President to engage the Rus- Article II of the New START Treaty; or shall submit a report to the Committees on sian Federation with the objectives of— (ii) would be provided in exchange for sig- Foreign Relations and Armed Services of the (i) establishing cooperative measures to nificant telemetric information regarding a Senate not later than January 31 of each give each Party to the New START Treaty

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improved confidence regarding the accurate may enter into force for the United States (c) DECLARATIONS.—The advice and consent accounting and security of tactical nuclear only with the advice and consent of the Sen- of the Senate to the ratification of the New weapons maintained by the other Party; and ate, as set forth in Article II, section 2, START Treaty is subject to the following (ii) providing United States or other inter- clause 2 of the Constitution of the United declarations, which express the intent of the national assistance to help the Russian Fed- States; Senate: eration ensure the accurate accounting and (C) the April 7, 2010, unilateral statement (1) MISSILE DEFENSE.—(A) It is the sense of security of its tactical nuclear weapons. by the Russian Federation on missile defense the Senate that— (13) DESIGN AND FUNDING OF CERTAIN FACILI- does not impose a legal obligation on the (i) pursuant to the National Missile De- TIES.—Prior to the entry into force of the United States; and fense Act of 1999 (Public Law 106–38), it is the New START Treaty, the President shall cer- (D) the preamble of the New START Trea- policy of the United States ‘‘to deploy as tify to the Senate that the President intends ty does not impose a legal obligation on the soon as is technologically possible an effec- to— Parties. tive National Missile Defense system capable (A) accelerate to the extent possible the (2) RAIL-MOBILE ICBMS.—It is the under- of defending the territory of the United design and engineering phase of the Chem- standing of the United States that— States against limited ballistic missile at- istry and Metallurgy Research Replacement (A) any rail-mobile-launched ballistic mis- tack (whether accidental, unauthorized, or (CMRR) building and the Uranium Proc- sile with a range in excess of 5,500 kilometers deliberate)’’; essing Facility (UPF); and would be an ICBM, as the term is defined in (ii) defenses against ballistic missiles are (B) request full funding, including on a paragraph 37 of Part One of the Protocol (in essential for new deterrent strategies and for multi-year basis as appropriate, for the the English-language numbering), for the new strategies should deterrence fail; and (iii) further limitations on the missile de- Chemistry and Metallurgy Research Re- purposes of the New START Treaty, specifi- fense capabilities of the United States are placement building and the Uranium Proc- cally including the limits in Article II of the not in the national security interest of the essing Facility upon completion of the de- New START Treaty; United States. sign and engineering phase for such facili- (B) an erector-launcher mechanism for (B) The New START Treaty and the April ties. launching an ICBM and the railcar or flatcar 7, 2010, unilateral statement of the Russian FFECTIVENESS AND VIABILITY OF NEW (14) E on which it is mounted would be an ICBM Federation on missile defense do not limit in START TREATY AND UNITED STATES MISSILE DE- launcher, as the term is defined in paragraph any way, and shall not be interpreted as lim- FENSES.—Prior to the entry into force of the 28 of Part One of the Protocol (in the iting, activities that the United States Gov- New START Treaty, the President shall cer- English-language numbering), for the pur- ernment currently plans or that might be re- tify to the Senate, and at the time of the ex- poses of the New START Treaty, specifically quired over the duration of the New START change of instruments of ratification shall including the limits in Article II of the New Treaty to protect the United States pursuant communicate to the Russian Federation, START Treaty; to the National Missile Defense Act of 1999, that it is the policy of the United States to (C) if either Party should produce a rail- or to protect United States Armed Forces continue development and deployment of mobile ICBM system, the Bilateral Consult- and United States allies from limited bal- United States missile defense systems to de- ative Commission would address the applica- listic missile attack, including further fend against missile threats from nations tion of other parts of the New START Treaty planned enhancements to the Ground-based such as North Korea and Iran, including to that system, including Articles III, IV, VI, Midcourse Defense system and all phases of qualitative and quantitative improvements VII, and XI of the New START Treaty and the Phased Adaptive Approach to missile de- to such systems. Such systems include all relevant portions of the Protocol and the An- fense in Europe. phases of the Phased Adaptive Approach to nexes to the Protocol; and (C) Given its concern about missile defense missile defenses in Europe, the moderniza- (D) an agreement reached pursuant to sub- issues, the Senate expects the executive tion of the Ground-based Midcourse Defense paragraph (C) is subject to the requirements branch to offer regular briefings, not less system, and the continued development of of Article XV of the New START Treaty and, than twice each year, to the Committees on the two-stage Ground-Based Interceptor as a specifically, if an agreement pursuant to Foreign Relations and Armed Services of the technological and strategic hedge. The subparagraph (C) creates substantive rights Senate on all missile defense issues related United States believes that these systems do or obligations that differ significantly from to the New START Treaty and on the not and will not threaten the strategic bal- those in the New START Treaty regarding a progress of United States-Russia dialogue ance with the Russian Federation. Con- ‘‘mobile launcher of ICBMs’’ as defined in and cooperation regarding missile defense. sequently, while the United States cannot Part One of the Protocol to the New START (2) DEFENDING THE UNITED STATES AND AL- circumscribe the sovereign rights of the Rus- Treaty, such agreement will be considered an LIES AGAINST STRATEGIC ATTACK.—It is the sian Federation under paragraph 3 of Article amendment to the New START Treaty pur- sense of the Senate that— XIV of the Treaty, the United States be- suant to Paragraph 1 of Article XV of the (A) a paramount obligation of the United lieves continued improvement and deploy- New START Treaty and will be submitted to States Government is to provide for the de- ment of United States missile defense sys- the Senate for its advice and consent to rati- fense of the American people, deployed mem- tems do not constitute a basis for ques- fication. bers of the United States Armed Forces, and tioning the effectiveness and viability of the (3) STRATEGIC-RANGE, NON-NUCLEAR WEAPON United States allies against nuclear attacks Treaty, and therefore would not give rise to SYSTEMS.—It is the understanding of the to the best of its ability; (B) policies based on ‘‘mutual assured de- circumstances justifying the withdrawal of United States that— struction’’ or intentional vulnerability can the Russian Federation from the Treaty. (A) future, strategic-range non-nuclear be contrary to the safety and security of (b) UNDERSTANDINGS.—The advice and con- weapon systems that do not otherwise meet both countries, and the United States and sent of the Senate to the ratification of the the definitions of the New START Treaty the Russian Federation share a common in- New START Treaty is subject to the fol- will not be ‘‘new kinds of strategic offensive terest in moving cooperatively as soon as lowing understandings, which shall be in- arms’’ subject to the New START Treaty; possible away from a strategic relationship cluded in the instrument of ratification: (B) nothing in the New START Treaty re- based on mutual assured destruction; (1) MISSILE DEFENSE.—It is the under- stricts United States research, development, (C) in a world where biological, chemical, standing of the United States that— testing, and evaluation of strategic-range, and nuclear weapons and the means to de- (A) the New START Treaty does not im- non-nuclear weapons, including any weapon liver them are proliferating, strategic sta- pose any limitations on the deployment of that is capable of boosted aerodynamic bility can be enhanced by strategic defensive missile defenses other than the requirements flight; measures; of paragraph 3 of Article V of the New (C) nothing in the New START Treaty pro- (D) accordingly, the United States is and START Treaty, which states, ‘‘Each Party hibits deployments of strategic-range non- will remain free to reduce the vulnerability shall not convert and shall not use ICBM nuclear weapon systems; and to attack by constructing a layered missile launchers and SLBM launchers for place- (D) the addition to the New START Treaty defense system capable of countering mis- ment of missile defense interceptors therein. of— siles of all ranges; Each Party further shall not convert and (i) any limitations on United States re- (E) the United States will welcome steps shall not use launchers of missile defense search, development, testing, and evaluation by the Russian Federation also to adopt a interceptors for placement of ICBMs and of strategic-range, non-nuclear weapon sys- fundamentally defensive strategic posture SLBMs therein. This provision shall not tems, including any weapon that is capable that no longer views robust strategic defen- apply to ICBM launchers that were con- of boosted aerodynamic flight; or sive capabilities as undermining the overall verted prior to signature of this Treaty for (ii) any prohibition on the deployment of strategic balance, and stands ready to co- placement of missile defense interceptors such systems, including any such limitations operate with the Russian Federation on stra- therein.’’; or prohibitions agreed under the auspices of tegic defensive capabilities, as long as such (B) any additional New START Treaty lim- the Bilateral Consultative Commission, cooperation is aimed at fostering and in no itations on the deployment of missile de- would require an amendment to the New way constrains the defensive capabilities of fenses beyond those contained in paragraph 3 START Treaty which may enter into force both sides; and of Article V, including any limitations for the United States only with the advice (F) the United States is committed to im- agreed under the auspices of the Bilateral and consent of the Senate, as set forth in Ar- proving United States strategic defensive ca- Consultative Commission, would require an ticle II, section 2, clause 2 of the Constitu- pabilities both quantitatively and quali- amendment to the New START Treaty which tion of the United States. tatively during the period that the New

VerDate Mar 15 2010 05:42 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.041 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10985 START Treaty is in effect, and such im- related memorandum of understanding and sequences. With previous treaties of provements are consistent with the Treaty. protocols (commonly referred to as the ‘‘INF this magnitude, the full Senate has (3) CONVENTIONALLY ARMED, STRATEGIC- Treaty’’), approved by the Senate on May 27, been allowed over a full year to con- RANGE WEAPON SYSTEMS.—Consistent with 1988, and condition (8) of the resolution of ad- sider what the treaty would require of statements made by the United States that vice and consent to the ratification of the such systems are not intended to affect stra- Document Agreed Among the States Parties not only Russia but also the United tegic stability with respect to the Russian to the Treaty on Conventional Armed Forces States. That hasn’t happened here, and Federation, the Senate finds that conven- in Europe (CFE) of November 19, 1990 (com- it is a disconcerting trend. tionally armed, strategic-range weapon sys- monly referred to as the ‘‘CFE Flank Docu- The executive branches of both the tems not co-located with nuclear-armed sys- ment’’), approved by the Senate on May 14, Russian and the U.S. governments tems do not affect strategic stability be- 1997. stated they will not take actions dur- tween the United States and the Russian (9) TREATY MODIFICATION OR REINTERPRETA- ing the negotiations of this treaty that Federation. TION.—The Senate declares that any agree- would be contrary to the spirit of the (4) NUNN-LUGAR COOPERATIVE THREAT RE- ment or understanding which in any mate- DUCTION.—It is the sense of the Senate that rial way modifies, amends, or reinterprets treaty. Both the Russian and U.S. gov- the Nunn-Lugar Cooperative Threat Reduc- United States or Russian obligations under ernments recognize the treaty’s imple- tion (CTR) Program has made an invaluable the New START Treaty, including the time mentation will take time. The need to contribution to the security and elimination frame for implementation of the New START get this treaty right is paramount. of weapons of mass destruction, including Treaty, should be submitted to the Senate I am concerned that I haven’t had all nuclear weapons and materials in Russia and for its advice and consent to ratification. of my specific questions answered elsewhere, and that the President should (10) CONSULTATIONS.—Given the continuing about the treaty. Although members of continue the global CTR Program and CTR interest of the Senate in the New START the Foreign Relations Committee have assistance to Russia, including for the pur- Treaty and in strategic offensive reductions pose of facilitating implementation of the to the lowest possible levels consistent with had the opportunity to consider this New START Treaty. national security requirements and alliance treaty and ask many questions, the full (5) ASYMMETRY IN REDUCTIONS.—It is the obligations of the United States, the Senate Senate has not had the chance to have sense of the Senate that, in conducting the expects the President to consult with the all of their questions answered. Forc- reductions mandated by the New START Senate prior to taking actions relevant to ing through a treaty without detailed Treaty, the President should regulate reduc- paragraphs 2 or 3 of Article XIV of the New scrutiny by the full Senate is not how tions in United States strategic offensive START Treaty. our government should work. arms so that the number of accountable stra- (11) FURTHER STRATEGIC ARMS REDUC- Even with post-Cold War threats and tegic offensive arms under the New START TIONS.— Treaty possessed by the Russian Federation (A) Recognizing the obligation under Arti- adversaries, the nuclear balance be- in no case exceeds the comparable number of cle VI of the Treaty on the Non-Proliferation tween the United States and Russia re- accountable strategic offensive arms pos- of Nuclear Weapons, done at Washington, mains a cornerstone to global non-pro- sessed by the United States to such an ex- London, and Moscow on July 1, 1968, ‘‘to pur- liferation. That’s why each member of tent that a strategic imbalance endangers sue negotiations in good faith on effective the Senate must determine if he or she the national security interests of the United measures relating to cessation of the nuclear believes this treaty will make our Na- States. arms race at an early date and to nuclear tion safer. We can only do so if we have (6) COMPLIANCE.—(A) The New START disarmament and on a treaty on general and Treaty will remain in the interests of the complete disarmament under strict and ef- all the information about the treaty, United States only to the extent that the fective international control,’’ and in antici- and we can only make it better if we Russian Federation is in strict compliance pation of the ratification and entry into have the opportunity to fully amend with its obligations under the New START force of the New START Treaty, the Senate the treaty. Treaty. calls upon the other nuclear weapon states During debate, we were repeatedly (B) Given its concern about compliance to give careful and early consideration to told that amending the treaty would issues, the Senate expects the executive corresponding reductions of their own nu- kill it. That’s just not true. Going back branch to offer regular briefings, not less clear arsenals. and forth on treaties is not new. As than four times each year, to the Commit- (B) The Senate declares that further arms tees on Foreign Relations and Armed Serv- reduction agreements obligating the United with the original START, which was ices of the Senate on compliance issues re- States to reduce or limit the Armed Forces signed in 1991, the U.S. Senate did not lated to the New START Treaty. Such brief- or armaments of the United States in any accept the first version and required ings shall include a description of all United militarily significant manner may be made that a better treaty be created. States efforts in United States-Russian dip- only pursuant to the treaty-making power of We offered amendments that would lomatic channels and bilateral fora to re- the President as set forth in Article II, sec- have simply required that Russia be solve any compliance issues and shall in- tion 2, clause 2 of the Constitution of the more involved in the changes this trea- clude, but would not necessarily be limited United States. ty will require, stressing the impor- (12) MODERNIZATION AND REPLACEMENT OF to, a description of— tance to the Russian government to (i) any compliance issues the United States UNITED STATES STRATEGIC DELIVERY VEHI- plans to raise with the Russian Federation CLES.—In accordance with paragraph 1 of Ar- create a safe global atmosphere similar at the Bilateral Consultative Commission, in ticle V of the New START Treaty, which to the United States. Those amend- advance of such meetings; and states that, ‘‘Subject to the provisions of ments were rejected. Only two amend- (ii) any compliance issues raised at the Bi- this Treaty, modernization and replacement ments, one about modernization of the lateral Consultative Commission, within of strategic offensive arms may be carried nuclear weapons complex and one stat- thirty days of such meetings. out,’’ it is the sense of the Senate that ing that missile defense will proceed, (7) EXPANSION OF STRATEGIC ARSENALS IN United States deterrence and flexibility is were accepted by unanimous consent. COUNTRIES OTHER THAN RUSSIA.—It is the assured by a robust triad of strategic deliv- sense of the Senate that if, during the time ery vehicles. To this end, the United States The other amendments were either not the New START Treaty remains in force, the is committed to accomplishing the mod- considered or failed. It is now up to the President determines that there has been an ernization and replacement of its strategic Russian Duma to consider the sug- expansion of the strategic arsenal of any nuclear delivery vehicles, and to ensuring gested changes by the Senate’s amend- country not party to the New START Treaty the continued flexibility of United States ments and approve them or not. Both so as to jeopardize the supreme interests of conventional and nuclear delivery systems. countries should be willing to work the United States, then the President should The VICE PRESIDENT. Under the hard on this front and the best treaties, consult on an urgent basis with the Senate to determine whether adherence to the New previous order, the President will be just like legislative bills, are those START Treaty remains in the national in- immediately notified of the Senate’s that are thoroughly considered by all terest of the United States. consent to the resolution of ratifica- involved with a willingness to com- (8) TREATY INTERPRETATION.—The Senate tion. prehensively address all concerns and affirms the applicability to all treaties of Mr. ENZI. Mr. President, I rise today needs. the constitutionally based principles of trea- to explain why I voted against the New Beyond the issues of Senate proc- ty interpretation set forth in condition (1) of START treaty. The U.S. Senate is the esses, I have concerns about certain the resolution of advice and consent to the deliberative body of Congress. Our fore- provisions in this treaty. It is impos- ratification of the Treaty Between the United States of America and the Union of fathers created the Senate so issues of sible to fully consider this treaty with- Soviet Socialist Republics on the Elimi- this magnitude are thoroughly consid- out being able to review the full nego- nation of Their Intermediate-Range and ered with all of the facts and with a tiating record, which has not been pro- Shorter Range Missiles, together with the careful eye on all possible future con- vided to all senators. Summaries have

VerDate Mar 15 2010 04:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.044 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10986 CONGRESSIONAL RECORD — SENATE December 22, 2010 been provided, but summaries do not cessor. If the United States is going to Judge Murguia was approved by the include the specific information on make reductions to our capabilities Judiciary Committee by a vote of 19 to how the full implementation of this under this treaty, we should ensure 0. That unanimous vote is an indica- treaty will be done. that Russia is doing the same and fol- tion of the strength of her record. As a founding member of the Senate lowing the treaty as closely as our Finally, as I mentioned at Judge ICBM Coalition, I strongly believe that country will. We should not settle for Murguia’s hearing, Judge Murguia’s all three legs of the nuclear triad—mis- some verification—we must require full brother Carlos is the first Latino to siles, submarines, and bombers—must verification. Second best will do the serve as Federal district court judge in be maintained in order to retain a United States no good in terms of in- Kansas. Judge Murguia was the first highly reliable and credible deterrent telligence and response capabilities. Latina to be appointed to the Federal nuclear force. This need is even greater Back in 2002, I traveled to Russia district court in Arizona and she and as we potentially draw down some of with the University of Georgia to talk Carlos are the only brother and sister our nuclear forces through the New about nonproliferation. At that time, I sitting as Federal judges in the United START treaty. I have worked with expressed serious concerns not only States. other members in the ICBM Coalition about Russia’s capabilities to secure I am confident that Judge Murguia is and with the administration to encour- their nuclear complex, but also to en- a person of integrity who will do her age them to ensure the treaty does not sure that their nuclear scientists and best to be a fair and objective judge. harm the triad. I appreciated the infor- their knowledge did not become avail- Mr. President, I ask for the yeas and mation provided by the administration able to bad actors like al-Qaida. Ensur- nays. on the treaty and the opportunity to ing that Russia continues to keep their The VICE PRESIDENT. Is there a meet on this issue during the floor de- capabilities and know-how secure is sufficient second? bate. However, I remain deeply con- imperative and cannot be left to second There is a sufficient second. cerned about the implications the trea- best. The Senator from Vermont is recog- ty will have on our country’s national Our two nations may approach nu- nized. security, particularly its potential ef- clear agreements with different goals, Mr. LEAHY. Mr. President, today, fects on the current missile force struc- but the fact that the United States and the Senate is finally being allowed to ture. Without the specific information Russian governments maintain a dia- consider a judicial nomination that has on how the administration is going to logue is a highly positive fact. We need been stalled since August—the nomina- implement the treaty and concrete as- and want the cooperation of our coun- tion of Judge Mary Murguia of Arizona surances that the current missile force terparts in Russia in both bilateral and to serve on the United States Court of structure of 450 deployed and non- multilateral efforts. This is high- Appeals for the Ninth Circuit. I would deployed silos be maintained, I remain lighted in the United Nations Security understand the resistance to consid- skeptical of this agreement. Council discussions on nuclear weapons ering the nomination if President F.E. Warren Air Force Base in Chey- development in Iran, North Korea, and Obama had selected someone opposed enne, WY, helps the United States other actors. by her home state Senators. But both maintain one leg of the triad by oper- We want and need to create a safer Republican home state Senators sup- ating part of the ICBM force. It is my world while maintaining our defensive port this nomination. Unlike his prede- obligation as a Senator from Wyoming capabilities for ourselves and our al- cessor, President Obama has worked to know what effects this treaty will lies. By forcing debate on this treaty with home state Senators, including have on the missile defense missions in during the lame duck session, I do not Republican Senators. Despite all his ef- my home state. I also respect and believe we were able to fully address forts, this consensus nominee has been watch out for the servicemembers in all concerns in the detail that was war- stalled for months and months while the 90th Space Command and 20th Mis- ranted. We needed to be sure the treaty awaiting final Senate action. sile Command who work hard to ensure does what we expect it to do without When the nomination was considered our country has a strong missile de- any surprises. I am not convinced we by the Judiciary Committee before the fense. I have not yet been able to get a will not see any surprises in the future. August recess, it was reported unani- firm commitment from my Senate col- Thus, I voted against the New START mously. Every Republican and every leagues and the administration on a treaty. Democrat, all 19 members of the Judi- ciary Committee, voted in favor of her concrete number of missiles that will f be maintained under this treaty. nomination. Still, she has been stalled Furthermore, the treaty will require NOMINATION OF MARY HELEN for months and months. This is part of unilateral reductions from the United MURGUIA TO BE A U.S. CIRCUIT the dangerous pattern perpetrated the States with no similar requirements JUDGE FOR THE NINTH CIRCUIT past two years as President Obama’s for Russia. Instead, the Russian gov- The VICE PRESIDENT. Under the highly-qualified judicial nominees have ernment is actually given room to previous order, the question occurs on been stalled from final Senate action build up its nuclear forces with more the following nomination, which the for extended periods. This is another modern capabilities. clerk will report. example of the unnecessary delays that Regardless of this agreement, the The assistant legislative clerk re- have led to a judicial vacancies crisis United States has not thoroughly ad- ported the nomination of Mary Helen throughout the country. Judicial va- dressed the modernization of our coun- Murguia, of Arizona, to be a U.S. Cir- cancies have skyrocketed to over 100 try’s nuclear capabilities. I have spo- cuit Judge for the Ninth Circuit. while nominations are forced to lan- ken with those involved in the treaty The VICE PRESIDENT. The Senator guish without final Senate action. In negotiations regarding U.S. moderniza- from Arizona is recognized. fact, President Obama’s nominees have tion. I was told that the modernization Mr. KYL. Mr. President, I support been forced to wait on average six efforts are in the works and the fund- the nomination of Judge Mary Murguia times longer to be considered than ing for these activities is planned. I to the Ninth Circuit Court of Appeals. President Bush’s judicial nominees re- support this more focused moderniza- Judge Murguia has served on the ported by the Judiciary Committee tion approach. Part of the need for U.S. Federal district court in Arizona for a during the first 2 years of his Presi- modernization is to address our Na- decade and has a distinguished record dency. tion’s tactical weapons capabilities. As that has earned the respect of the legal When the Senate is finally allowed to currently written, the treaty will leave community in Arizona. take action, most of his nominations Russia in a 10–1 advantage in tactical Perhaps most telling is the high re- are confirmed by overwhelming bipar- nuclear weapons. This is disconcerting gard in which Judge Murguia is held by tisan majorities or unanimously. Final and modernization must be a priority. her colleagues on the district court; Senate action on dozens of President I have concerns about verifiability as they come from different backgrounds Obama’s judicial nominations has been well. Former Secretary of State James and were appointed by presidents of delayed without explanation or good Baker has described the treaty’s verifi- both parties, but they all speak very reason and then confirmed unani- cation regime as weaker than its prede- highly of her. mously. The most outrageous examples

VerDate Mar 15 2010 04:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.084 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10987 are Judge Barbara Keenan of Virginia, (Mrs. MCCASKILL), the Senator from consider is considered made and laid who was confirmed unanimously to the Michigan (Ms. STABENOW), and the Sen- upon the table, and the President shall Fourth Circuit, and Judge Denny Chin ator from Oregon (Mr. WYDEN) are nec- be immediately notified of the Senate’s of New York, who was confirmed essarily absent. action. unanimously to the Second Circuit. Mr. KYL. The following Senators are f Both required cloture petitions to end necessarily absent: the Senator from EXECUTIVE CALENDAR the filibusters against their confirma- Kentucky (Mr. BUNNING), the Senator tions and then they were each con- from Kansas (Mr. BROWNBACK), the The PRESIDING OFFICER. Under firmed unanimously. Senator from Missouri (Mr. BOND), the the previous order, the following nomi- Others confirmed unanimously after Senator from Tennessee (Mr. Alex- nations are considered and confirmed months of delay are Judge James A. ander), the Senator from Kansas (Mr. en bloc: Calendar No. 1119, No. 1120, and Wynn, Jr. of North Carolina, who was ROBERTS), and the Senator from Lou- No. 1139. The motions to reconsider are finally confirmed to the Fourth Circuit isiana (Mr. VITTER). considered made and laid upon the after almost 6 months of delay; Judge Further, if present and voting, the table en bloc, and the President shall Albert Diaz of North Carolina, who was Senator from Kentucky (Mr. BUNNING) be immediately notified of the Senate’s finally confirmed to the Fourth Circuit would have voted ‘‘yea’’ and the Sen- action. after almost 11 month’s delay; Judge ator from Tennessee (Mr. ALEXANDER) The nominations considered and con- Ray Lohier of New York, who was fi- would have voted ‘‘yea.’’ firmed en bloc are as follows: nally confirmed to the Second Circuit The PRESIDING OFFICER (Mr. THE JUDICIARY after almost 8 months of delay; Judge MERKLEY). Are there any other Sen- Kathleen M. O’Malley, of Ohio, to be Beverly Martin of Tennessee, who was ators in the Chamber desiring to vote? United States Circuit Judge for the Federal finally confirmed to the Eleventh Cir- The result was announced—yeas 89, Circuit. cuit after more than 4 months of delay; nays 0, as follows: Beryl Alaine Howell, of the District of Co- lumbia, to be United States District Judge and James Greenaway of New Jersey, [Rollcall Vote No. 299 Ex.] for the District of Columbia. who was finally confirmed to the Third YEAS—89 Robert Leon Wilkins, of the District of Co- Circuit after almost 4 months of delay. Akaka Enzi McConnell lumbia, to be United States District Judge I expect Scott Matheson of Utah to be Barrasso Feinstein Menendez for the District of Columbia. confirmed unanimously to the Tenth Baucus Franken Merkley Mr. BROWN of Ohio. Mr. President, I Bayh Circuit, but not until there have been 6 Gillibrand Mikulski am very pleased that the Senate has Begich Graham Murkowski months of unnecessary delay. I will not Bennet Grassley Murray voted to confirm Judge Kathleen be surprised if Judge Murguia is con- Bennett Gregg Nelson (NE) McDonald O’Malley to the U.S. court of firmed unanimously, or nearly unani- Bingaman Hagan Nelson (FL) appeals for the Federal circuit. Boxer Hatch mously, after 4 unnecessary months of Pryor The Nation’s gain is Ohio’s loss. But Brown (MA) Hutchison Reed Brown (OH) Inhofe delay. Reid it is also a proud day for us. Burr Inouye Examples of district court nominees Risch As a child Kate was blessed with wis- Cantwell Isakson who have been delayed for between 3 Rockefeller dom beyond her years. At the age of 12 Cardin Johanns Sanders and 7 months before being confirmed Carper Johnson she was asked what she wanted to be unanimously are: Judge Kimberly J. Casey Kerry Schumer when she grew up. She replied that she Sessions Mueller of the Eastern District of Cali- Chambliss Kirk wanted to become a Federal judge. Coburn Klobuchar Shaheen fornia, Judge Catherine Eagles of the Cochran Kohl Shelby And she excelled in school—high Middle District of North Carolina, Collins Kyl Snowe school, college, and law school. She Judge John A. Gibney, Jr. of the East- Conrad Landrieu Specter graduated Phi Beta Kappa from Tester ern District of Virginia, Judge Ellen Coons Lautenberg Kenyon College in 1979 and first in her Corker Leahy Thune Hollander of the District of Maryland, Cornyn LeMieux Udall (CO) class at Case Western Reserve Law Judge Susan R. Nelson of the District Crapo Levin Udall (NM) School in 1982. of Minnesota, Judge James Bredar of DeMint Lieberman Voinovich After law school she clerked for the Dodd Lincoln Warner the District of Maryland, Judge Dorgan Lugar Webb Sixth Circuit Court of Appeals for the Carlton Reeves of the Southern Dis- Durbin Manchin Whitehouse distinguished Judge Nathaniel R. trict of Mississippi, Judge Edmond Ensign McCain Wicker Jones, who is one of her major influ- Chang of the Northern District of Illi- NOT VOTING—11 ences and who considers Kate to be like nois, Judge Leslie E. Kobayashi of the Alexander Feingold Stabenow family. District of Hawaii, and Judge Denise Bond Harkin Vitter After her clerkship with Judge Jones, Casper of the District of Massachu- Brownback McCaskill Wyden Judge O’Malley spent several years in setts. Bunning Roberts private practice, where she gained in- Ten years ago, Mary Murguia became The nomination was confirmed. valuable experience representing nu- the first Latina to serve as a Federal f merous large corporations in addition Judge in Arizona when she was nomi- to medium-sized and small businesses. NOMINATION OF SCOTT M. MATHE- nated by President Clinton to serve on She became an expert in complex SON, JR., TO BE UNITED STATES the U.S. District Court for the District corporate litigation, patent and intel- CIRCUIT JUDGE FOR THE TENTH of Arizona. She will now become the lectual property cases—experience that CIRCUIT first Hispanic—and only the second will serve her well as a Circuit Judge in woman—from Arizona to serve on the The PRESIDING OFFICER. Under the Federal circuit. Ninth Circuit. I congratulate Judge the previous order, the question occurs She translated her private sector ex- Murguia and her family on her con- on the following nomination, which the perience into a distinguished career in firmation by the Senate today. clerk will report. public service as chief counsel and The VICE PRESIDENT. The yeas and The legislative clerk read the nomi- chief of staff for then-Ohio attorney nays have been ordered. nation of Scott M. Matheson, Jr., of general Lee Fisher. The question is, shall the Senate ad- Utah, to be United States Circuit Recognizing her talents, Ohio Sen- vise and consent to the nomination of Judge for the Tenth Circuit. ators Howard Metzenbaum and John Mary Helen Murguia, of Arizona, to be The PRESIDING OFFICER. The Glenn recommended her to President a U.S. Circuit Judge for the 9th Cir- question is, Will the Senate advise and Clinton for a place on the Federal cuit. consent to the nomination of Scott M. bench. The clerk will call the roll. Matheson, Jr., of Utah, to be United On September 20, 1994, President The legislative clerk called the roll. States Circuit Judge for the Tenth Cir- Clinton nominated her to serve on the Mr. DURBIN. I announce that the cuit. Federal bench as a U.S. district judge Senator from Wisconsin (Mr. FEIN- The nomination was confirmed. for the Northern District of Ohio. GOLD), the Senator from Iowa (Mr. The PRESIDING OFFICER. Under When she began her service in the HARKIN), the Senator from Missouri the previous order, the motion to re- Northern District of Ohio, Judge

VerDate Mar 15 2010 04:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.078 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10988 CONGRESSIONAL RECORD — SENATE December 22, 2010 O’Malley was among the youngest who urged an expeditious confirmation President Obama has nominated judges serving on the Federal bench. process. It has still taken 3 months to James E. Graves to fill one of two Since then, she has served the North- get a Senate vote. emergency vacancies on the Fifth Cir- ern District of Ohio with distinction. The Senate is finally being allowed cuit. Currently, Justice Graves is the In addition to having a great legal to fill some of the vacancies on the only African American on the Mis- mind, she is an innovator. She has hard-pressed U.S. District Court for the sissippi Supreme Court. If confirmed, spearheaded national efforts to inte- District of Columbia. The Judiciary he would be the second African Amer- grate cutting edge technologies into Committee unanimously reported the ican to sit on the Fifth Circuit, the courtrooms—ensuring that the admin- nominations of Beryl Howell and Rob- first from Mississippi. His nomination istration of justice is equal, fair, and ert Wilkins back in September. It has has the strong support of both of his open for all who seek it. taken 3 months to get Senate votes. Republican home State Senators. The Judge O’Malley will make an out- The chief judge of the District Court ABA Standing Committee on the Fed- standing judge on the U.S. court of ap- for the District of Columbia wrote the eral Judiciary unanimously rated him peals for the Federal circuit, and I con- Senate some time ago urging prompt ‘‘well qualified’’, its highest possible gratulate her on her confirmation. action to fill the four vacancies that rating. The Judiciary Committee re- exist on that Court. ported him unanimously. Yet he is not f There was a time when having served JUDICIAL CONFIRMATIONS being allowed a vote. for 10 years as a respected member of Susan Carney is nominated to fill one the Judiciary Committee staff would Mr. LEAHY. Mr. President, at long of 3 emergency vacancies on the Sec- lead to expeditious consideration of a last, the Senate is being allowed to ond Circuit. After working for 17 years nomination. For example, when Kristi consider long-pending, consensus judi- in private practice, she served as asso- Lee Dubose of Alabama, who had cial nominations. This action has been ciate general counsel of the Peace served on Senator Sessions’ Judiciary long overdue. President Obama has Corps, and she is currently the deputy Committee staff, was nominated, her reached out and worked with Senators general counsel of Yale University. Ms. hearing was expedited despite the lack from both sides of the aisle in selecting Carney’s nomination has the strong of an ABA peer review, her nomination well-qualified judicial nominees. As support of both of her home State Sen- chairman of the Judiciary Committee, was reported by the committee within 2 days of her hearing and that nomina- ators. Her nomination was reported I have bent over backwards to be fair with the support of five of the seven to all sides. There has been consultation was then confirmed promptly. In- deed, the time Judge Dubose’s ques- Republicans serving on the Judiciary tion and a thorough and fair process Committee and by a vote of 17 to 2. She for evaluating nominations. tionnaire was received by the committee to the date of her confirmation is not being allowed a vote. Scott M. Matheson is finally being There are 13 more district court was 61 days, which includes a 3-week confirmed to become a Federal circuit nominees who were reported unani- judge for the U.S. Court of Appeals for recess period. By contrast, Ms. Howell’s nomina- mously by the Judiciary Committee the Tenth Circuit. In his 30-year legal tion was delayed after her hearing for that the Senate is not being allowed to career, he has been both a State and a 57 days before the committee was al- consider. Federal prosecutor, worked in private lowed to vote and has been stalled for President Obama nominated Amy practice, and served on the faculty of 89 days on the Senate Executive Cal- Totenberg to fill an emergency va- the S.J. Quinney College of Law at the endar. Since her questionnaire was re- cancy on the U.S. District Court for University of Utah, including 8 years ceived by the committee, it has been the Northern District of Georgia in as the school’s dean. The Judiciary 160 days. This is no reflection on Ms. March. Ms. Totenberg’s nomination Committee unanimously reported his Howell, whose credentials, work experi- has the support of her two Republican nomination on June 10, more than 6 ence, temperament, and qualifications home state Senators. Currently a law- months ago. We did so unanimously. are beyond reproach. yer in private practice in Atlanta, she The Republican Senators from Utah There are more than a dozen addi- also serves as a special master for the supported this nomination. It has still tional consensus judicial nominations U.S. District Court for the District of taken more than 6 months to get a that have been through the entire proc- Maryland and as a court-appointed me- Senate vote. ess but are being denied a final vote. I diator for the U.S. District Court for Ten years ago, Mary Murguia became know of no precedent for this. Indeed, the District of Columbia. Previously, the first Latina to serve as a Federal in the lameduck session at the end of she was general counsel to the Atlanta judge in Arizona when she was nomi- President Bush’s second year in office, Board of Education and a part-time nated by President Clinton to serve on we proceeded to report and confirm municipal court judge. She earned the the U.S. District Court for the District controversial circuit court nominees. highest possible rating, unanimously of Arizona. She will now become the That the Senate is not being allowed to ‘‘well qualified,’’ from the ABA Stand- first Hispanic—and only the second consider these consensus nominees is a ing Committee on the Federal Judici- woman—from Arizona to serve on the shame and an unnecessary burden on ary. Her nomination was reported Ninth Circuit. The Judiciary Com- them and their families and for the unanimously by the Judiciary Com- mittee unanimously voted to report courts and people they would serve. It mittee. her nomination favorably more than 4 is a travesty that all of the well-quali- James E. Boasberg was nominated to months ago. Judge Murguia’s nomina- fied nominees favorably reported by fill another of the vacancies on the tion was supported by her home State the Judiciary Committee could not be U.S. District Court for the District of Senators, both Republicans. It has still confirmed before this Congress ad- Columbia. Since 2002, Judge Boasberg taken more than 4 months to get a journs. That is what we did when we has served as a judge on the Superior Senate vote. confirmed 100 judicial nominees of Court of the District of Columbia, a po- Kathleen M. O’Malley has for the last President Bush in 2001 and 2002. All 100 sition to which he was appointed by 16 years served as a Federal judge in of the nominees reported favorably by President George W. Bush. Previously, the Northern District of Ohio. When the Judiciary Committee received Sen- Judge Boasberg was a Federal pros- Judge O’Malley, a breast cancer sur- ate votes and were confirmed—all 100. ecutor and an attorney in private prac- vivor, was appointed to that court in They include 20 during the lameduck tice. The ABA Standing Committee on 1994, she was one of the two youngest session that year and circuit court the Federal Judiciary rated him unani- women on the Federal bench. She has nominees reported after the election. mously ‘‘well qualified,’’ its highest been nominated to serve on the U.S. This year, consensus nominees are possible rating, to become a Federal Court of Appeals for the Federal Cir- not being allowed to be considered. judge. His nomination was reported cuit. The Judiciary Committee unani- These nominees include one unani- unanimously by the Judiciary Com- mously reported her nomination to the mously reported circuit court nominee mittee. Federal Circuit in September, 3 months and another circuit court nominee sup- Amy Berman Jackson was nominated ago. The Committee received a letter ported by 17 of the 19 Senators on the to fill the other current vacancy on the of support from Senator VOINOVICH, Judiciary Committee. U.S. District Court for the District of

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.037 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10989 Columbia. Ms. Jackson is currently a District Court for the Southern Dis- years as an assistant U.S. attorney. partner at the Washington, D.C., law trict of California, the court he has Mr. Cogburn is currently a partner in firm Trout Cacheris.? Previously, she served as a magistrate Judge for 17 the Asheville, NC, law firm, Cogburn was a partner in Venable’s Washington, years. He is a former president of the and Brazil, and he also serves as an ap- D.C., office, and she also served as a Federal Magistrate Judges Association pointed member of the North Carolina Federal prosecutor in the District of and of the San Diego County Bar Asso- Education Lottery Commission. In ad- Columbia. Ms. Jackson earned the ciation. Prior to taking the bench, dition to practicing law, Mr. Cogburn highest possible rating, unanimously Judge Battaglia worked for nearly two owns and maintains with his siblings ‘‘well qualified,’’ from the ABA Stand- decades as a civil litigator in private the Pisgah View Ranch, a dude ranch ing Committee on the Federal Judici- practice. He has the strong support of that has been in his family for genera- ary. Her nomination was reported both of his home State Senators, and tions. Mr. Cogburn has the strong, bi- unanimously by the Judiciary Com- the ABA Standing Committee on the partisan support of his two home State mittee. Federal Judiciary gave him its highest Senators, a Republican and a Demo- President Obama nominated James possible rating, unanimously ‘‘well crat. His nomination was reported E. Shadid to fill an emergency vacancy qualified.’’ His nomination was re- unanimously by the Judiciary Com- on the U.S. District Court for the Cen- ported unanimously by the Judiciary mittee. tral District of Illinois, a court that Committee. Marco A. Hernandez was nominated currently has only one active judge. Judge Edward J. Davila was nomi- to fill an emergency vacancy on the Judge Shadid is currently a judge on nated to fill an emergency vacancy on U.S. District Court for the District of the Tenth Judicial Circuit in Peoria the U.S. District Court for the North- Oregon. He has served as a judge in Or- County, IL. Previously, he was a sole ern District of California. Currently a egon’s 20th Judicial District for the practitioner in Peoria, a part-time judge on the Superior Court of Cali- last 15 years, first on the district court commissioner on the Illinois Court of fornia, Judge Davila previously spent and now as a circuit court judge. Pre- Claims, and a part-time assistant pub- 20 years as a trial lawyer, first as a viously, Judge Hernandez was a deputy lic defender in the Peoria County Pub- deputy public defender in the Santa district attorney in Washington Coun- lic Defender’s Office. When he was ap- Clara County Public Defender’s Office ty, OR, and a lawyer for Oregon Legal pointed to serve as a State judge, and then as a lawyer in private prac- Services. Judge Hernandez has the Judge Shadid became the first Arab- tice. He also has taught trial advocacy strong support of his two home State American judge in Illinois. He will be- course sessions at Stanford Law Senators, and he has now been nomi- come the only Federal Arab-American School, Santa Clara University School nated to this position by Presidents of judge in the State and one of only ap- of Law, and the University of San both parties. If confirmed, he will be- proximately four Arab-American Fed- Francisco School of Law. If confirmed, come the first Latino to serve as a Fed- eral judges in the country. His nomina- Judge Davila will become the first eral Judge in Oregon. His nomination tion was reported unanimously by the Latino to take the Federal bench in was reported unanimously by the Judi- Judiciary Committee. the Bay area in more than 15 years. He ciary Committee. I also note that Sen- Sue E. Myerscough was also nomi- ator SESSIONS made quite a fuss that nated to fill an emergency vacancy on has the strong support of his two home the U.S. District Court for the Central State Senators. His nomination was re- he was not confirmed at the end of the District of Illinois. She is currently the ported unanimously by the Judiciary Bush administration while Senator presiding justice on the Fourth Dis- Committee. SESSIONS proceeded to delay Com- President Obama nominated Diana trict Appellate Court of Illinois, and mittee consideration of his nomination Saldana to fill an emergency vacancy she previously sat on the Seventh Judi- and while Republicans still refuse to in the Southern District of Texas, the cial Circuit of Illinois, first as asso- allow it to be considered before ad- district she has served as a magistrate ciate judge and then as circuit judge. journment. President Obama nominated Steve In all, Justice Myerscough has more judge since 2006. Before taking the than 23 years of judicial experience. bench, Judge Saldana served the Jones to fill an emergency vacancy on She also serves as an adjunct associate Southern District for 5 years as a Fed- the U.S. District Court for the North- professor in the Department of Medical eral prosecutor, and she previously was ern District of Georgia. For the last 15 Humanities at the Southern Illinois a lawyer in private practice and a trial years, Judge Jones has been a superior University School of Medicine. Justice attorney in the Civil Rights Division of court judge in the Tenth Superior Myerscough was first nominated to the U.S. Department of Justice. The Court District of Georgia, and he cur- serve as a Federal judge in 1995, but her child of migrant farm workers, Judge rently serves that district as the pre- nomination was returned to the Presi- Saldana began working alongside her siding judge on the Felony Drug Court dent after the Senate failed to act on family in the sugar beet fields at age as well. Previously, he was a judge on it. Her nomination was reported unani- 10, and she continued to do so for more the Athens-Clarke County Municipal mously by the Judiciary Committee. than a decade. After graduating from Court and an assistant district attor- President Obama nominated Paul K. law school, she served as a law clerk to ney for the Western Judicial Circuit. Holmes, III, to fill an emergency va- then-Chief Judge George P. Kazen. If Judge Jones was the first African cancy on the U.S. District Court for confirmed, Judge Saldana will fill the American to serve the Western Judicial the Western District of Arkansas. Mr. vacancy created by Judge Kazen’s re- Circuit as a superior court judge. He Holmes is currently of counsel at the tirement. Judge Saldana earned the will be the only active African-Amer- Fort Smith, AR, law firm where he for- highest possible rating—unanimously ican judge on the Northern District of merly worked for more than two dec- ‘‘well qualified’’—from the ABA Stand- Georgia and one of only two active Af- ades as an associate and a partner. Pre- ing Committee on the Federal Judici- rican-American judges in the State. viously, he was the U.S. attorney for ary. She has the strong support of her Judge Jones earned the highest pos- the Western District of Arkansas. As two Republican home State Senators. sible rating—unanimously ‘‘well quali- U.S. attorney, Holmes served for 2 Senator CORNYN called her ‘‘one of the fied’’—from the ABA Standing Com- years on the Attorney General’s Advi- toughest law enforcers in South mittee on the Federal Judiciary, and sory Committee. Mr. Holmes earned Texas,’’ and Senator HUTCHISON added he has the strong support of his two the highest possible rating—unani- that Judge Saldana ‘‘has some of the Republican home State Senators. His mously ‘‘well qualified’’—from the finest qualities we expect in our nomination was reported unanimously ABA Standing Committee on the Fed- judges.’’ Her nomination was reported by the Judiciary Committee. eral Judiciary, and he has the strong unanimously by the Judiciary Com- Michael Simon was nominated to the support of his two home State Sen- mittee. U.S. District Court for the District of ators. His nomination was reported Max O. Cogburn was nominated to sit Oregon. He is currently a partner at unanimously by the Judiciary Com- on the U.S. District Court for the West- the law firm of Perkins Coie LLP, mittee. ern District of North Carolina, the dis- where he serves as head of the litiga- Anthony J. Battaglia was nominated trict that he previously served for 9 tion practice at the Portland office. In to become a Federal judge on the U.S. years as a magistrate judge and for 12 that capacity, Mr. Simon has handled

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.049 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10990 CONGRESSIONAL RECORD — SENATE December 22, 2010 several high-profile first amendment the bill was written in a responsible (1) by striking ‘‘December 31, 2010’’ and in- cases on a pro-bono basis. Before join- fashion. I still believe this cause and serting ‘‘December 31, 2012’’; and ing that firm, Mr. Simon was a trial at- this legislation would have benefited (2) by striking ‘‘January 1, 2011’’ and in- torney in the Antitrust Division of the from a bipartisan committee process. serting ‘‘January 1, 2013’’. U.S. Department of Justice. Mr. Simon But thanks to the hard work of a num- Mr. AKAKA. Mr. President, I ask has the strong support of his two home ber of Senators—most notably Sen- unanimous consent to speak for 15 min- State Senators. His nomination was re- ators COBURN and ENZI and their utes as in morning business. ported by the Committee with strong staffs—we have come a long way in im- The PRESIDING OFFICER. Without bipartisan support. proving this bill. objection, it is so ordered. Mr. AKAKA. Mr. President, I rise These consensus nominees are in ad- We have made sure that more com- today to reaffirm my strong commit- dition to the other highly qualified pensation will go to victims than trial ment to have the Native Hawaiian Gov- nominations on which the Senate has lawyers. It has got improved oversight, ernment Reorganization Act enacted not been allowed to vote for many so money isn’t siphoned away from the into law. This bill is of great impor- months. people who need it. We put time limits tance to all of the people of Hawaii. f on the legislation so Congress can The bill would simply put the State of come back and review what has worked LEGISLATIVE SESSION Hawaii on equal footing with the rest and where improvements can be made. of the country in the treatment of its The PRESIDING OFFICER. The Sen- So this is a much better product. indigenous people. It provides a process ate will resume legislative session. Some have tried to portray this de- for the reorganization of a Native Ha- The Senator from Illinois. bate as a debate between those who waiian governing entity. However, support 9/11 workers and those who f since I first introduced this common- don’t. This is a gross distortion of the sense bill 10 years ago, it has been the MORNING BUSINESS facts. There was never any doubt about subject of misleading attacks and pro- Mr. DURBIN. Mr. President, I ask supporting the first responders. It was cedural hurdles, and has never had the unanimous consent that the Senate about doing it right. opportunity for an up-or-down vote move to morning business with Sen- Mr. President, I yield the floor. here on the Senate floor. ators allowed to speak for up to 10 min- The PRESIDING OFFICER. The Sen- Earlier this month, a handful of my utes each. ator from Illinois. colleagues who oppose this measure Mr. MCCAIN. Mr. President, reserv- Mr. DURBIN. Mr. President, it is my put out a press release, fueling specula- ing the right to object, if I could. understanding the Senator from Ha- tion that I was seeking to attach this The PRESIDING OFFICER. The Sen- waii has to make a quick departure, so bill to must-pass, end-of-session legis- ator from Arizona. I ask he be recognized after this quick lation. One of these colleagues said Mr. MCCAIN. I would say to the Sen- request. that this measure—and I quote, ator from Illinois that I have an agree- f ‘‘should be brought up separately and debated openly on the Senate floor ment with everybody on a 6-week ex- HELPING HEROES KEEP THEIR with the opportunity for amendment.’’ tension of the Trade Adjustment As- HOMES ACT OF 2010 sistance and the Trade Preference Act, I could not agree more. and on both sides everybody has Mr. DURBIN. Mr. President, I ask A structured debate followed by an agreed. unanimous consent that the Senate up-or-down vote on this legislation is I know I can’t do that in morning proceed to the immediate consider- long overdue. The people of Hawaii business, so I ask unanimous consent, ation of S. 4058 introduced earlier have waited for far too long. as soon as it is written up, that I be today. This Congress, the bill was favorably permitted to propose that legislation. The PRESIDING OFFICER. The reported by the Senate Committee on Mr. DURBIN. I have no objection to clerk will report the bill by title. Indian Affairs, and it was passed by the your bringing it up whenever it is pre- The legislative clerk read as follows: House of Representatives. Despite this, pared, and we will of course consider it A bill (S. 4058) to extend certain expiring it was not given an opportunity to be at that time. provisions providing enhanced protections debated and voted on, here on the Sen- I thank the Senator for his work on for servicemembers relating to mortgages ate floor. and mortgage foreclosure. I am deeply disappointed that we did this effort. There being no objection, the Senate not have the opportunity to consider f proceeded to consider the bill. this bill during the 111th Congress. RECOGNITION OF THE MINORITY Mr. DURBIN. Mr. President, I ask This historic Congress saw a great LEADER unanimous consent that the bill be many accomplishments on behalf of read three times and passed, the mo- the American people, but tragically, it The PRESIDING OFFICER. The Re- also saw unprecedented obstruction. publican leader. tion to reconsider be laid upon the table, with no intervening action or de- I remain committed to passing this f bate, and any statements related to the bill. I am hopeful that, when we convene next year in the new Congress, I FIRST RESPONDERS BILL bill be printed in the RECORD. The PRESIDING OFFICER. Without can count on every one of my col- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. leagues to be supportive of my efforts am delighted the Senate was able to The bill (S. 4058) was ordered to be to bring this bill to the Senate floor. reach an agreement to provide health engrossed for a third reading, was read The Native Hawaiian Government care for the men and women who the third time, and passed, as follows: Reorganization Act is a Hawaii-specific helped in the rescue, recovery, and measure. In the long traditions of the S. 4058 cleanup efforts after the 9/11 attacks. U.S. Senate, it was considered a cour- In the years since then, as we all Be it enacted by the Senate and House of tesy to stand with your colleagues on know, a number of these brave Ameri- Representatives of the United States of America in Congress assembled, matters specifically addressing the cans have become ill. Today represents needs of their home State. This civility an important step in making sure they SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Helping He- seems to have vanished from this receive the care they need as a result roes Keep Their Homes Act of 2010’’. Chamber. of their extraordinary service. No one It is frustrating to me that some of SEC. 2. EXTENSION OF ENHANCED PROTECTIONS has ever questioned whether to provide FOR SERVICEMEMBERS RELATING my colleagues have worked aggres- the care they need. The only question TO MORTGAGES AND MORTGAGE sively to block this bill. For some rea- was how to do so. FORECLOSURE UNDER son, they have made it a priority to SERVICEMEMBERS CIVIL RELIEF Like many of my colleagues, I have ACT. prevent the people of my State from been concerned that attempts to rush Paragraph (2) of section 2203(c) of the moving forward to resolve issues this legislation at the end of the ses- Housing and Economic Recovery Act of 2008 caused by the illegal overthrow of the sion would prevent us from ensuring (Public Law 110–289) is amended— Native Hawaiian government in 1893.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.049 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10991 This bill has widespread support people. I want to help you understand numerous policies supporting self-determina- among elected leaders and the citizens why this bill is necessary for Hawaii to tion and self-governance for American Indi- of Hawaii. Both chambers of the Ha- move forward, and how it is consistent ans and Alaska Natives. In 2006, the ABA waii State Legislature have voiced with the United States’ existing poli- adopted policy specifically supporting the their support of the measure, and our cies of Federal recognition for Alaska right of Native Hawaiians to seek federal recognition of a native governing entity new Governor, Neil Abercrombie, was Natives and American Indians. within the United States similar to that the chief sponsor of the bill in the U.S. Opponents also point to a vocal mi- which American Indians and Alaska Natives House of Representatives. This legisla- nority in Hawaii who oppose this bill. possess under the U.S. Constitution. The reality is that this legislation is tion is also supported by community H.R. 2314 would establish a process that and civic organizations, including the strongly supported by the people of Ha- would lead eventually to the formation of a Association of Hawaiian Civic Clubs waii. A poll conducted by the Honolulu native governing entity that would have a and the Council for Native Hawaiian Advertiser in May of this year found government-to-government relationship Advancement, and the Office of Hawai- that 66 percent of people in Hawaii sup- with the United States. Developed by Native ian Affairs, a State agency. port Federal recognition for Native Ha- Hawaiians, this federally recognized entity The bill also has broad support out- waiians. Of the poll participants, 82 would serve, maintain and support their side of Hawaii. Indigenous leaders and percent identifying themselves as Na- unique cultural and civic needs and advocate community organizations across the tive Hawaiians said they support Fed- on their behalf at the federal and state lev- United States support the bill, such as eral recognition. Mr. President, I ask els. Prior to the overthrow of the Hawaiian the Alaska Federation of Natives and unanimous consent to have this article monarchy in 1893 by U.S. agents acting without official sanction, Native Hawaiians lived the National Congress of American In- printed in the RECORD. under an organized political framework gov- dians. (See exhibit 3.) erned by the rule of law. This Kingdom had The American Bar Association sent a Mr. AKAKA. This year marked the a written constitution and was recognized by letter this year to Members of the Sen- commemoration of the 200th anniver- the U.S. government as a sovereign nation. ate reaffirming its support and out- sary of the unification of the Hawaiian Congress ratified treaty agreements with it lining the sound Constitutional basis Islands into one kingdom, under King and recognized its representatives. for the legislation. The ABA wrote, Kamehameha. This year also marked 51 In addition to establishing a lasting trust ‘‘The right of Native Hawaiians to use years of statehood and more than 100 relationship with the Native Hawaiian peo- the property held in trust for them and years since Hawaii became a United ple after the coup, Congress acknowledged the right to govern those assets are not States territory. And yet the people of the illegal overthrow of the Kingdom of Ha- in conflict with the Equal Protection Hawaii have still not been given the waii, issued a formal apology to the Native Clause since they rest on independent chance to participate in a government- Hawaiian people in 1993, and has consistently constitutional authority regarding the to-government relationship similar to supported reconciliation efforts. Congres- sional support for legislation that would lead rights of native nations contained in those already extended to this Nation’s other indigenous people. to a process for federal recognition for Na- Articles I and II of the Constitution.’’ tive Hawaiians is the next logical step. Mr. President, I ask unanimous con- I have worked tirelessly to educate Opponents of this legislation claim that al- sent that this letter be printed in the my colleagues on the importance of this bill. I hope that you will continue lowing Native Hawaiians the right to self RECORD. governance would imperil the constitutional The PRESIDING OFFICER. Without to welcome my efforts to speak with rights of non-Native Hawaiians to equal pro- objection, it is so ordered. you. I extend my heartfelt aloha and tection under the law. They point to the (See exhibit 1.) mahalo, thank you, to the many, many former Kingdom’s wealth and claim that Mr. AKAKA. The bill also has the supporters who have worked to advo- self-determination will create a system of support of the Obama Administration. cate for this legislation. Your support benefits disadvantaging those who are not of When the measure passed the House in makes a difference and is greatly ap- Native Hawaiian heritage. However, Native February of this year, the White House preciated. I thank my colleague, Chair- Hawaiians, in seeking rights and privileges Press Secretary issued a statement man DORGAN, who has been a great that other indigenous people of the United noting that President Obama, ‘‘looks friend of mine and to the people of Ha- States enjoy under our system of law, are not compromising the rights of others but forward to signing the bill into law and waii. His leadership on this issue will exercising their own rights to property, to establishing a government-to-govern- be missed. self-determination, and to be recognized as ment relationship with Native Hawai- My work to enact this bill is not an indigenous people by Congress. over. I look forward to having the op- ians.’’ And earlier this month, Attor- The right of Native Hawaiians to use of the ney General Eric Holder and Secretary portunity to debate this bill on its property held in trust for them and the right of the Interior Ken Salazar wrote to merits. I will not give up until the Na- to govern those assets are not in conflict the Senate Leaders to reiterate the ad- tive Hawaiian people have the same with the Equal Protection Clause since they ministration’s support for the Native— rights to self-governance already af- rest on independent constitutional authority Hawaiian Government Reorganization forded to the rest of the Nation’s indig- regarding the rights of native nations con- Act, and to make note of the urgent enous people. tained in Articles I and II of the Constitu- need for this bill. The letter reads, ‘‘Of Mr. President, mahalo—thank you— tion. The constitutional framers recognized the Nation’s three major indigenous to all of my colleagues for listening to the existence of native nations within the United States that predated our own democ- groups, Native Hawaiians—unlike this matter of great importance to me and my State. I yield back the remain- racy and created a system for federal rec- American Indians and Alaska Natives— ognition of indigenous nations within our are the only one that currently lacks a der of my time. then expanding borders. EXHIBIT 1 government-to-government relation- The framers empowered Congress through ship with the United States.’’ I ask SEPTEMBER 28, 2010. the Indian Commerce Clause and the Treaty unanimous consent to have a copy of U.S. Senate, Clause to maintain relations between the this letter printed in the RECORD. Washington, DC U.S. federal government and the govern- The PRESIDING OFFICER. Without DEAR SENATOR: On behalf of the American ments of these native nations. Our courts objection, it is so ordered. Bar Association, which has nearly 400,000 have upheld Congress’ power to recognize in- (See exhibit 2.) members nationwide, I urge your support for digenous nations and have specifically recog- H.R, 2134, the Native Hawaiian Government nized that this power includes the power to Mr. AKAKA. Opponents have spread Reorganization Act of 2010. The legislation, misinformation about the bill. Let me re-recognize nations whose recognition has as amended, passed the House of Representa- been terminated in the past. Thus, the Na- set the record straight. This bill does tives with bipartisan support early in the not allow Hawaii to secede from the tive Hawaiians have the right to be recog- session and was placed on the Senate cal- nized by the Congress, this right is not in United States. It does not allow private endar where it is still awaiting Senate floor conflict with the rights of others, and this action. As amended, H.R. 2314 is supported by lands to be taken. It does not authorize recognition may be renewed despite histor- the White House, the Department of Justice, gaming in Hawaii. ical lapses. Opponents of the bill also distort the Hawaii’s Congressional Delegation and the Governor of Hawaii. The American Bar Association urges you history of the Native Hawaiian people. The ABA has a long-standing interest in to support the rights of Native Hawaiians to I welcome the chance to speak with the legal issues concerning America’s native self-determination by voting for H.R. 2314. any of my colleagues about the history and indigenous peoples. Over the past twenty Sincerely, of my great State and of its indigenous years, our House of Delegates has adopted THOMAS M. SUSMAN.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.052 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10992 CONGRESSIONAL RECORD — SENATE December 22, 2010 EXHIBIT 2 The poll was conducted by locally based record in North Dakota goes even be- DECEMBER 9, 2010. Ward Research Inc. with a sampling size of yond that—another 12 years in State Hon. HARRY REID. 604 respondents. Over the course of the last decade, during office, so a total of 42 years of serving Majority Leader, the administrations of President George W. the people of North Dakota. U.S. Senate, Washington, DC. Bush and President Obama, language in the DEAR SENATOR REID: We write to express I want to first say I am not objective the Administration’s strong support for the Akaka bill has been widely debated and when it comes to BYRON DORGAN be- Native Hawaiian Government Reorganiza- amended in the effort to get it passed. Gov. Linda Lingle and her administration cause he is my best friend. We have tion Act of 2010 (S. 3945). been friends and allies for all of those This legislation establishes a process for oppose the current version of the bill. Lingle Native Hawaiians to organize a government had been a strong and influential supporter 42 years. In 1968 I was running a cam- roughly akin to the government of an Amer- of the bill, but now believes this version paign to lower the voting age in North ican Indian tribe. Once the Native Hawaiian grants too much authority to the Native Ha- Dakota and first met BYRON DORGAN, a government is created and its leaders elect- waiian entity at the onset of negotiations that would take place among the entity and young tax commissioner—very young, ed, the United States would officially recog- in his twenties, appointed after the nize the new governing entity and work with the state and the federal governments. For instance, it would grant ‘‘sovereign previous tax commissioner took his it on a government-to-government basis, just immunity’’ to the entity and its employees as the United States works with federally life. BYRON had extraordinary responsi- from the state’s criminal, public health, recognized Indian tribes in other States. bility thrust on him at a very young Senator Akaka first introduced a version child safety and environmental laws. Clyde Na¯ mu’o, administrator of the Office age, the youngest statewide official in of this legislation more than a decade ago. of Hawaiian Affairs, said he is ‘‘not surprised our State’s history. BYRON disposed of Since 1999, Senator Akaka, Senator Inouye, and actually pleased’’ by the latest poll num- those responsibilities with real distinc- and other members of Hawaii’s congressional bers, especially given the new opposition by delegation have worked tirelessly with the tion, becoming recognized as the most Lingle and others. last three Administrations—and especially influential State leader, even more in- ‘‘It’s fairly consistent with the polls that with our Departments—to greatly improve we did,’’ Na¯ mu’o said. ‘‘Obviously, there’s fluential than the Governor of the the bill, which has now received bipartisan still a majority of the people who still sup- State, by a major publication in North support from the House of Representatives, port’’ federal recognition. Dakota. the Senate Committee on Indian Affairs, and Two of three major candidates in the 1st I met BYRON DORGAN in that year and Hawaii’s Governor and Attorney General. Congressional District special election, Dem- Of the Nation’s there major indigenous ocrat Ed Case and Republican Charles Djou, was so struck by his ability, his cha- groups, Native Hawaiians—unlike American have said they do not support the current risma, and his vision for our State and Indians and Alaska Natives—are the only language of the bill that passed the House, our Nation that I thought: This is one that currently lacks a government-to- leaving Democrat Colleen Hanabusa as the government relationship with the United somebody I want to work with in my sole staunch supporter. States. This bill provides Native Hawaiians a career. ‘NOBODY KNOWS’ means by which to exercise the inherent We started a friendship that has Longtime opponents of the Akaka bill and/ rights to local self-government, self-deter- lasted to this day. In 1970 I was helping mination, and economic self-sufficiency that or federal recognition said the Hawai’i Poll other Native Americans enjoy. numbers show only that a majority of Ha- run the reelection campaign of Senator For these reasons, we urge the Senate to wai’i residents don’t know what federal rec- Quentin Burdick, who served in this pass the Native Hawaiian Government Reor- ognition means. Chamber for more than 30 years. I got ‘‘I think the big problem is nobody knows ganization Act of 2010 and send it to the to know BYRON even better then. In what’s inside the bill,’’ said Thurston Twigg- President for his signature. fact, my wife and I spent time with The Office of Management and Budget has Smith, former Honolulu Advertiser owner. advised that enactment of this legislation ‘‘They keep changing it, people don’t have a him and his wife. In the years that fol- would be in accord with the Administration’s chance to read it.’’ lowed we became very close friends. In program. Congress should hold hearings on the 1974, when I got back from business Sincerely, measure in Hawai’i so the public can get a school, BYRON called me and asked me ERIC H. HOLDER, JR., better understanding of the language, he said. to come to his office. I did the day Attorney General. after I returned home. We took a walk KEN SALAZAR, Hawaiian rights activist Dennis Pu’uhonua Secretary of the Inte- ‘‘Bumpy’’ Kanahele said the poll ‘‘only tells around the Capitol Grounds of the rior. me that people aren’t even aware of what the State of North Dakota and he talked to Akaka bill is all about.’’ me about what he saw as the future— EXHIBIT 3 The state’s politicians and ‘‘mainstream Hawaiian organizations’’ support the bill and the future of our State, things that [From the Honolulu Advertiser, May 3, 2010] not other models of self-determination, such were happening in the country that 66% OF HAWAII RESIDENTS FAVOR RECOGNI- as complete independence from the U.S. gov- needed to be addressed, and how the TION FOR NATIVE HAWAIIANS—POLL SHOWS ernment, he said. two of us might, working together, SLIGHT UPTICK FROM 2006, WHEN 63% AP- Kanahele said that’s why he’s been pushing change that future and make a dif- PROVED for a constitutional convention, so Hawai- ference. (By Gordon Y.K. Pang) ians can look at the different models and de- Hawai’i residents still favor federal rec- termine what’s best. I agreed that day to be his campaign ognition of Native Hawaiians by a 2-to-1 Among the 115 poll respondents who identi- manager for the House of Representa- margin, the latest Advertiser Hawai’i Poll fied themselves as Native Hawaiians, 82 per- tives. In that campaign, EARL POM- cent said they support federal recognition. numbers show. EROY, now North Dakota’s lone Con- Polling conducted last week found that 66 Among other ethnic groups, 66 percent of percent of the participants support Native those describing themselves as Japanese sup- gressman, was the driver. I was the Hawaiians being ‘‘recognized by Congress port it, while 61 percent of Filipinos and Cau- campaign manager. BYRON is always and the federal government as a distinct casians indicated support. quick to point out it was the only elec- group, similar to the special recognition Only 58 percent of those who identified tion he ever lost. He always said it was given to American Indians and Alaskan Na- themselves as 55 and older support federal the fault of the campaign manager. I recognition, while 72 percent of those ages 35 tives.’’ always said it was the fault of the driv- Such recognition could come about under a to 54 support it, and 79 percent of those process created by the Akaka bill, formally under 35 do. er. And EARL always believed we would known as the Native Hawaiian Government f have won if only he had been the can- Reorganization Act of 2009. The bill passed TRIBUTE TO RETIRING SENATORS didate. the U.S. House in February and is awaiting a Those were incredible days. I remem- vote in the Senate. BYRON DORGAN The Hawai’i Poll appears to indicate that, The PRESIDING OFFICER. The Sen- ber so well that campaign, the three of in recent years, a large segment of Hawai’i ator from North Dakota. us—we bonded in a way that I think is residents have settled into how they think Mr. CONRAD. Mr. President, I rise very rare in politics and served to- about federal recognition and the Akaka bill. today to pay tribute to my colleague, gether in a way that is unusual. There In 2000, the Advertiser Hawai’i Poll showed Senator BYRON DORGAN. This is his last was never the kind of competition that 73 percent in favor of federal recognition. often exists between Members. But That support appeared to dip in the latter day voting in the Senate. He is retiring part of the decade, when in 2006 the poll after serving the people of North Da- there was always a keen friendship and showed 63 percent of respondents in favor of kota in the Congress, the House, and a real partnership. We were allies, recognition. Senate, for 30 years. But BYRON’s fighting for North Dakota, fighting to

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.046 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10993 change the country, deeply committed pledge in that 1986 campaign, and the that benefit average people and also to each other and to our State. pledge I made was that I would not run somebody very suspicious of corporate After that campaign BYRON asked me for reelection unless the deficit was power. He passionately opposed what to be his assistant. Weeks later he dramatically reduced. If you have re- he thought were misguided trade poli- hired Lucy Calautti. Lucy, years later, viewed 1992, you know the deficit was cies that contributed to jobs moving became my wife, so I have always cred- at a record level. After the first Bush overseas. He was one of a handful of ited BYRON with bringing us together. administration, deficits were at record Senators who warned against consoli- We were also joined by my college levels. So I announced I would not seek dation and the excessive risk that roommate who became another assist- reelection, in keeping with my pledge. would result from repealing the bar- ant to then tax commissioner BYRON BYRON DORGAN announced for my seat, riers between commercial and invest- DORGAN, a young man named Jim and there was Lucy helping to run ment banking. He warned at the time, Lang, a very dear friend of mine, an ab- BYRON’s campaign for what was my in what has become a famous speech, solute genius, and the four of us seat in the Senate—a remarkable time that if we passed that legislation, we worked to build the Democratic Party in our lives. would face a financial crisis in the in North Dakota and to change the po- Then later that year, Senator Bur- years ahead. That prediction looks pre- litical landscape. dick, the other Senator from North Da- scient today in light of the financial Those were incredible times. We kota, died. The Governor called me and collapse of 2008. He was a leader in fought great battles for a coal sever- said: KENT, you have to run to fill out fighting for farm policies to benefit ance tax in North Dakota, for an oil the 2 years of his term; otherwise, family farmers and ranch families severance tax, things that helped build North Dakota is going to lose all its se- rather than corporate agriculture. In the financial base for our State. niority in one fell swoop, lose all of the midst of it all, he wrote two books: In 1980, BYRON announced that he Senator Burdick’s more than 30 years take this job and shove it—or ‘‘Take would seek North Dakota’s lone seat in of seniority. We are going to lose BY- This Job and Ship It’’ and ‘‘Reckless! the House of Representatives. I ran to RON’S 12 years of seniority in the House How Debt, Deregulation, and Dark succeed him as tax commissioner. because he is running for your seat in Money Nearly Bankrupted America.’’ Lucy, who by then was somebody for the Senate, and we will lose your 6 Most importantly, BYRON DORGAN whom I had great respect, was his cam- years of seniority if you do not run to had a vision, an energy, and a persist- paign manager in that race for the fill the term of Senator Burdick. ence that has played a huge role in House of Representatives. BYRON was I have always remembered that the building the prosperity of our State. successful, and I was successful in a media in North Dakota took a poll on Robert Kennedy once said: ‘‘There year in which no other Democrats were whether I should run to fill the 2 years are those that look at things the way successful in our State. of Senator Burdick’s term, and even an they are, and ask why? I dream of We then had a period of time, 6 years, overwhelming majority of Republicans things that never were, and ask why thought I should run. So the Governor before the Senate race in which BYRON not?’’ That is really the way BYRON ap- was in Washington, I was in North Da- told me there would be a special elec- proached service to North Dakota. He kota, and we campaigned together day tion after the regular elections in No- did not see limits; he saw opportunity. after day, weekend after weekend, vember. He said: Look, you have kept He looked at our university system month after month, all across North your pledge. You did not run for reelec- and technology industries and saw no Dakota, building a movement, a move- tion to your seat. BYRON is running for reason they could not be built into the ment that resulted in my running for election to your seat. You would be in Red River Valley Research Corridor the Senate in 1986. a special election in December. that could power the economy of east- So I agreed to run, and BYRON and I It was really BYRON’s turn. He could ern North Dakota. And he set about were running simultaneous campaigns have chosen to run, but he decided not making it happen, and he has suc- for the Senate in 1992, he for my seat in to, and so I did, in a race that many ceeded. the regular election, and I was running thought was impossible for me to win. He looked at our energy industry and for the special election in December. I started out more than 30 points be- saw no reason North Dakota could not Once again, we crisscrossed North Da- hind the incumbent. He had over $1 be the energy powerhouse for the Na- kota campaigning together, making million in the bank. When I got into tion. Through his position on the En- our case, and both of us won very big the race, I think I had $126. But BYRON ergy Committee and the Energy and victories in 1992. DORGAN was my ally in that race every From that time period forward until Water Subcommittee of Appropria- step of the way. I think very few others tions, he helped build North Dakota today, BYRON and I have served to- would have done what he did for me. I gether representing the State of North into one of the leading energy-pro- think very few other Members of the Dakota—best friends. What a remark- ducing States in the Nation. House of Representatives, having some- able story. He looked at the growth of the one else leapfrog them to come to the I can still remember one of the publi- knowledge industries and the Internet Senate, would have put themselves on cations here on the Hill—I can’t re- and saw no reason North Dakota could the line as much as BYRON DORGAN did member if it was The Hill or Roll not be wired with the same 21st-cen- for me in that Senate race in 1986. But Call—when the two Senators from Mis- tury telecommunications infrastruc- he was with me in every corner of the sissippi were fighting for the majority ture as the rest of the country. He used State fighting tooth and nail, an uphill leader position, ran a cartoon that his position on the Commerce Com- battle in which, as I said, I started out said: Why can’t the two Senators from mittee to get that done as well. 38 points behind. Mississippi be more like the Senators The results of his work can be seen in But on election day, I won a very from North Dakota—friends forever. every corner of our State. Modern narrow victory, winning by about 2,000 And BYRON and I have been friends for- highways and air terminals, new and votes over an incumbent who had won ever and will be friends forever. improved water infrastructure, a boom- his previous race with over 70 percent After the 1992 race, we both served ing energy and agricultural economy, of the vote and a man who really North Dakota, and, unlike so many high-tech companies springing up ev- looked like a U.S. Senator, Mark An- delegations, we did everything we erywhere across our State, the strong- drews—6 feet 5 inches, booming voice, could to support each other. I can’t est economic growth in the Nation, the white mane of hair, very powerful think of a time when there were ever lowest unemployment rate in the Na- speaker. Yet I was able to win that angry words exchanged between BYRON tion—by any measure, North Dakota is race in a squeaker, and I never could DORGAN and EARL POMEROY and myself. doing very well. Most of that, BYRON have without BYRON’s extraordinary It was what many people back home will tell you, is because of the hard assistance and support. called Team North Dakota. And we work and good judgment of the people For a period of time that I was in the have been a team, as close as you could of North Dakota. But among them, no Senate, he was in the House, and then be. one has worked harder or smarter on in 1992 I announced I would not seek re- During BYRON’S time in the Senate, behalf of North Dakota than Senator election to my seat because I made a he has been a fierce fighter for policies BYRON DORGAN.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.082 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10994 CONGRESSIONAL RECORD — SENATE December 22, 2010 Let me close by saying that I do not imperil the important mission of that two Wyoming Senators but also Sen- know of a harder working or more pro- Department. ators RISCH, ENSIGN, BENNETT, and ductive person than BYRON DORGAN. He I ask unanimous consent that the GREGG. It was favorably reported out of produces extraordinary amounts of Senate proceed to executive session the Energy and Natural Resources high-quality work. He is type A and to the immediate consideration of Committee in September. The CBO squared, but he never forgot his roots. Calendar No. 1002, James Michael Cole, projects it will actually generate rev- BYRON DORGAN grew up in Regent, of the District of Columbia, to be Dep- enue for the Federal budget and will ND, a town of 300. He often reminds us uty Attorney General; that the nomi- help improve the economy in a lot of that he graduated in a class of nine and nation be confirmed and the motion to hard-hit mountain communities. he was in the top five. He is proud of reconsider be laid upon the table, with Mr. President, we passed a number of that background, he is proud of that no interviewing action or debate; that other bills out of the Energy and Nat- heritage, he is proud of our State, he is any statements be printed in the ural Resources Committee that, unfor- proud of our Nation, and we are proud RECORD, the President be immediately tunately, will not receive votes in this of him. notified of the Senate’s action, and the Congress. I want to touch on a couple I will miss BYRON DORGAN’S partner- Senate then resume legislative session. of them. ship here every day, but I know he will The PRESIDING OFFICER. Is there I begin with the National Forest In- be with us because BYRON DORGAN will objection? sect Disease Emergency Act. I have never be far from the fray. BYRON DOR- Mr. CHAMBLISS. Mr. President, re- been working on this concern for the GAN has served this body well, served serving the right to object. entire time I have served in the Con- the Nation well, and served our State The PRESIDING OFFICER. The Sen- gress, whether in the Senate or the extraordinarily well. ator from Georgia. House. We have an enormous bark bee- I yield the floor. Mr. CHAMBLISS. Mr. President, the tle epidemic in our Western forests. The PRESIDING OFFICER (Mr. Department of Justice is well aware of Those who study our forests say that FRANKEN.) The Senator from Colorado. some issues that have been raised by because of climate change and drought f the intelligence community, particu- and human activity, these epidemics larly the Senate Intelligence Com- will become more and more common. UNANIMOUS-CONSENT REQUEST— mittee, with respect to this nominee; H.R. 2476 What the bill would have done is pro- therefore, I must object. vide the tools and resources to the For- The PRESIDING OFFICER. Objec- Mr. UDALL of Colorado. Mr. Presi- est Service to help address this serious tion is heard. dent, I ask unanimous consent that the natural disaster. It is slow moving but The Senator from Colorado. Senate proceed to Calendar No. 636, nonetheless a natural disaster. That Mr. UDALL of Colorado. Mr. Presi- H.R. 2476; that the Udall of Colorado disaster is the deaths of millions and dent, if I might, I would like to yield to substitute amendment which is at the millions of acres of trees due to insect Senator BARRASSO from Wyoming to desk be agreed to; the bill, as amended, infestations. be read a third time and passed; the discuss the important bill that was just Senators CRAPO and RISCH were co- Udall of Colorado title amendment objected to. sponsors. It is a very significant dis- which is at the desk be agreed to; the The PRESIDING OFFICER. The Sen- appointment that we didn’t move to motions to reconsider be laid upon the ator from Wyoming. consider this bill. I know it would have table, with no intervening action or de- Mr. BARRASSO. It was a privilege passed the Senate. bate; and any statements relating to for me to cosponsor this piece of legis- Another bill is the Leadville Mine the matter be printed in the RECORD. lation with the distinguished Senator The PRESIDING OFFICER. The Sen- from Colorado. My colleague Senator Drainage Tunnel Act, commonsense ator from Georgia. ENZI and I have long been advocates of legislation that would directly benefit Mr. CHAMBLISS. Mr. President, on allowing an additional opportunity for a community in Colorado and, indeed, the entire Arkansas River Valley, one behalf of Senator KYL and Senator jobs and for economic development of the significant watersheds in the MCCAIN, I respectfully object. into the wonderful ski areas around The PRESIDING OFFICER. Objec- Rocky Mountain West, which is the in- State of Colorado. This mine drainage tion is heard. tent of this bill. It really is aimed at tunnel near Leadville, in 2008, was Mr. UDALL of Colorado. Mr. Presi- increasing summer activities so that a backed up with a large volume of con- dent, if I might, I know Senator DUR- number of these locations, if you will, taminated water which then created a BIN has a pressing unanimous consent on Forest Service land can use that safety hazard to the community, but it request. I ask unanimous consent that land for an extended season, which was unclear whether the Bureau of when he has concluded his request, would then work toward full-time, Reclamation or the Environmental Senator BARRASSO and I could engage year-round employment for the folks in Protect Agency was responsible for ad- in a colloquy on the very bill that has those areas, putting in things such as dressing it. been objected to. zip lines and opportunities for rec- My bill would clarify that the Bureau The PRESIDING OFFICER. Without reational advancements to increase the of Reclamation has the authority to objection, it is so ordered. amount of tourism, the amount of visi- treat this backed-up water and is re- The Senator from Illinois. tors to these wonderful places people sponsible for maintaining the tunnel so that in the future these kinds of f like to enjoy. We think additional opportunities and enhancements would threats will not arise and, if they do, it UNANIMOUS-CONSENT REQUEST— allow for additional employment. That is clear who is responsible to mitigate EXECUTIVE CALENDAR is why Senator ENZI and I joined with them. It is a straightforward bill. It Mr. DURBIN. Mr. President, the Ex- Senator UDALL in support of his efforts doesn’t cost anything. It would give ecutive Calendar of the Senate notes, on this important piece of legislation. the people of Leadville the certainty on page 5, Calendar No. 1002, James Mi- Mr. UDALL of Colorado. Mr. Presi- they have needed for years. chael Cole, of the District of Columbia, dent, I thank both Senators from Wyo- Finally, I wish to mention the Sugar nominated by the President of the ming for their support. I know we will Loaf Fire Protection District Land Ex- United States to be Deputy Attorney go back to work in the next Congress change Act. This would help protect General. That was reported by the Sen- because, as the Senator pointed out, public safety. It facilitates a fair ex- ate Judiciary Committee, his nomina- this bipartisan bill would provide clear change of lands on the Arapaho-Roo- tion, on July 20 of this year. We are authority for the Forest Service to sevelt National Forest near Boulder be- now into December, and this year is allow additional summertime use of tween the Forest Service and the Sugar coming to an end. This has taken long ski areas which would help create jobs Loaf Fire District. The fire district is enough. and grow sustainable economies in ski seeking this exchange so they can up- I ask that the No. 2 spot in the De- country. It is no cost. It is common grade and maintain fire stations which partment of Justice be filled, that we sense, as the Senator pointed out. That serve this community which has been not continue to have this vacancy and is why it not only has support from the subjected to wildland/urban fires. We

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.100 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10995 want to protect the homes and the Chicago. This morning we lost two fire- That is a concern, a concern that can built structures and people who live in fighters who went out in the bitter cold be addressed by this bill. If his leu- those areas. The exchange would re- and did their best to fight a fire. A wall kemia can be tracked to his experience duce costs related to forest boundary collapsed on them, as it did 100 years at Ground Zero, we certainly want to maintenance as well as provide better ago. Two lost their lives, and 14 were make certain he receives the medical service to the residents of the fire dis- seriously injured. It is a sad reminder care he needs. trict, neighbors of the district, and in- to all of us who drive by firehouses and Stanley Silata is another Chicago dividuals who travel through. fire stations all the time and see the firefighter who applied for health as- I appreciate the patience of my col- men and women who work there, that sistance but was told his application leagues. The point I wish to make is, when they are called to duty, they can was too late. He participated in search- we had tens and tens of bills in the En- give their lives at a moment’s notice. and-rescue missions at Ground Zero ergy and Natural Resources Committee It happened this morning in Chicago. It and put out fires. Similar to so many that this body should have considered. happened 100 years ago in the same other firefighters who were on the lines It would have been important to give city. It can happen again. those days, Mr. Silata developed seri- these commonsense bills an up-or-down I am glad that earlier today we fi- ous respiratory problems. He has had vote. Almost all of them were bipar- nally worked out an agreement on the to have medical treatment since 2004. tisan in nature. It is a disappointment so-called 9/11 Health Compensation Mr. Silata’s claim for assistance was to me that we have not done the will of Act, the James Zadroga 9/11 Health submitted, unfortunately, 2 weeks Compensation Act. The extraordinary the people in the Senate. after the deadline. We are hoping this efforts for passing that have to be rec- I yield the floor. bill will provide him some protection ognized. I will, of course, acknowledge The PRESIDING OFFICER. The Sen- as well. The stories go on and on. But the two Senators from New York, ator from Illinois. as we are reminded from the deaths in KIRSTEN GILLIBRAND and CHARLES Chicago today, the firefighters who re- f SCHUMER, who worked tirelessly to get sponded to this fire, the men and THANKING SENATE PAGES it passed. They would acknowledge the women who responded at Ground Zero, contribution of our majority leader, Mr. DURBIN. Mr. President, I am carried a servant’s heart into one of sorry they are not on the floor at this HARRY REID, who stepped in and made this process work when it looked like the most dangerous places on Earth. moment, but I rise to give special rec- They literally risked their lives in the it had failed several times. MIKE ENZI, ognition to two Senate pages who have hopes that they could save others or at on the Republican side, TOM COBURN stayed here while all the others have least bring some compensation and gone home for Christmas. These two from Oklahoma, all worked together and came up with a good bill. The 9/11 some consolation to the families who pages have been working hard today to Health Compensation Act is going to had suffered these losses. keep up with the Senate’s very busy help many around the United States. I They deserve nothing less than our schedule: just learned this week it can help one gratitude and our help, our help in en- Rachel Bailey, 16 years old, from person in Chicago. acting this 9/11 health compensation Glendale, MD. Mom and dad are Susan Arthur Noonan is 1 of the 188 re- bill. I believe the House of Representa- and Karl. She is working late today as sponders and 86 survivors living in Illi- tives will be considering this today. I a Senate page. We thank Rachel so nois and enrolled in the World Trade hope it is signed very quickly by the much. Center health registry. I wish to thank President. Jarrod Nagurka, 16 years old, from the Chicago Sun Times for telling his f Arlington, VA. His mom and dad are story. He is a 30-year veteran of the INTERCHANGE FEES Pamela and Stuart. Chicago Fire Department, spent hun- Mr. DURBIN. Mr. President, I wish to Even though they aren’t on the floor dreds of hours volunteering at Ground and they are running around here busy, Zero in those critical days and weeks speak briefly about interchange fee re- they can look in the CONGRESSIONAL after the terrorist attack. Mr. Noonan, form, an issue I have worked on for RECORD and realize that Senators of a firefighter from Chicago, worked in a many years and an issue which was both political parties appreciate their line passing buckets of debris from taken up just recently last Thursday dedication to this institution during Ground Zero, searching for human re- when the Federal Reserve considered this holiday season. mains and clothing. He remembers the legislation we passed in the Senate and f thick dust that coated everything and House of Representatives and sent to the sickly sweet smell. Noonan and them to establish regulations. It was IN SUPPORT OF THE 9/11 HEALTH an effort to bring reasonable regulation AND COMPENSATION ACT other volunteers were given res- pirators, but the filters clogged up to a $20 billion annual debit card inter- Mr. DURBIN. Mr. President, 100 years after a few minutes. They worked with- change fee system industry. ago today, there was a horrible fire in out masks after that. A few years after The Federal Reserve released draft the stockyards of Chicago. Most of us the cleanup, Mr. Noonan contracted regulations that will implement the have our vision of that era and the leukemia. He applied for health bene- new law Congress enacted. Back in stockyards from Upton Sinclair’s book fits through the victims compensation May, when the Senate was debating the ‘‘The Jungle,’’ which told of the life of fund and submitted medical documents Wall Street reform bill, I offered an a Lithuanian immigrant family work- to substantiate his claim, but his claim amendment. I am honored that 64 Sen- ing in the stockyards. It was one of the was filed 2 weeks too late. ators voted for it, including 17 Repub- busiest commercial ventures in the Mr. Noonan said at first he was hesi- licans. It was a bipartisan success. It is United States, and it literally fed the tant to file a claim because he ‘‘never now the law of the land. The Federal Nation. But it also engaged in prac- got anything for nothing.’’ He says he Reserve is moving forward to make tices acceptable at that time which has always worked two or three jobs. I sure our law is implemented in a fair would be unacceptable by today’s talked to him on the phone just a cou- way. standards of health and safety. ple days ago. What a classic Chicago The Fed announced, according to That day of December 20, 1910, there story. Here is a man, a proud fire- their investigation, it costs the banks was a fire. As a result of that fire, 100 fighter, now in retirement, battling between 7 and 12 cents to process a years ago today, 21 firefighters lost leukemia successfully, who still says: I debit card transaction. But the Fed re- their lives at the union stockyards in don’t want anything for nothing. ported that big banks and card net- Chicago. Until the collapse of the I said: So what are you worried works charge merchants, retailers, World Trade Center towers on 9/11, no about? charities, universities, and others an single disaster in the history of the Well, I am worried because I have a average debit interchange fee—not 7 to United States had claimed the lives of cap on my health insurance of 1 million 12 cents—of 44 cents. The Fed has con- more firefighters. bucks, and I have already spent $750,000 firmed what consumers and retailers Sadly, today, in a cruel irony of his- on my leukemia. I am worried I will long suspected. They are being over- tory, there has been another fire in just run out of health insurance. charged and gouged for each purchase

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.102 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10996 CONGRESSIONAL RECORD — SENATE December 22, 2010 made with a debit card. Merchants and let Visa and MasterCard fix the inter- Second, my amendment said that if a their customers are being charged change fee rates that each bank re- bank takes steps to effectively reduce more than three times what the trans- ceives. fraud in debit transactions, that bank actions cost. This means banks do not have to can get an increase in their inter- In the old days, if you paid by check compete with one another. They all re- change rate. before debit cards, the fee for proc- ceive the same fees no matter how So instead of the current system, essing the check was pennies, regard- much a particular bank actually where Visa and MasterCard give banks less of the face amount of the check. spends to process transactions or to the same interchange rate no matter Now the debit card fee is 44 cents— prevent fraud. how much fraud the bank allows, my three, four, five, six times more than The current interchange system is a amendment will actually incentivize the cost actually incurred by the banks price-fixing scheme. Visa and banks to reduce the amount of fraud because of the transaction. MasterCard set the fee rates that thou- that takes place. The rules that the The draft regulations released pro- sands of banks receive. Efficient banks Fed institutes on this will mark a pose to cap the interchange fees at the and inefficient banks receive exactly major step forward. largest banks at 12 cents per trans- the same fees. Third, my amendment said that card action, give or take some conditions And Visa and MasterCard have so networks cannot require that their such as the prevention of fraud, which much market power over 75 percent of debit cards all use exclusively one we built into the law. With the 12-cent the market—that they can raise rates debit network. cap, we could save businesses and con- whenever they want to and tell mer- The story here is that there are a sumers across the United States about chants to take it or leave it. number of debit networks that mer- $10 billion in the first year. Imagine Merchants have no choice but to take chants can use to conduct trans- what $10 billion will mean to a res- it, because now over half of all retail actions. Until recently, most cards taurant, a shop. Think of what it transactions take place with cards. could be used on multiple networks. means to universities and other char- They can’t say no. You used to see a number of debit net- ities that collect through the use of It is easy to see that the banks and work logos on each debit card. debit cards—more money for them to card companies set up this interchange In recent years, however, the biggest use, more profitability, and that could scheme. It benefits the banks that re- networks like Visa have begun requir- lead to more employment and better ceive high fees and don’t need to coming banks to sign exclusive agreements business outlooks. pete with each other or negotiate with under which they become the sole net- At this point, I am hunkered down merchants. And it benefits Visa and work on the banks’ cards. This dimin- and ready for the fight that is coming. MasterCard, because they get their ishes competition between networks The biggest banks and credit card com- own network fee each time a card is and leads to higher prices. My amend- panies are going to do their best to in- swiped, and high interchange fees mean ment will restore this competition. fluence the Federal Reserve to raise more banks will issue more cards. Finally, my amendment said that this interchange fee as high as possible, But the system is unfair to mer- card networks can no longer penalize but we know what the reasonable costs chants and to consumers in the United merchants who try to offer certain dis- are. We know these credit card compa- States. They have to pay billions per counts to consumers, like discounts for nies and the big banks have been over- year in these fees with no negotiation using debit instead of credit. This was charging for years. Every time a credit and no competition. a clear pro-consumer provision. or debit card sale is made, Visa and The interchange amendment that I I know that my amendment has been MasterCard take a cut of the trans- offered—and that is now law reins in criticized by the banks and by some of action. Some of this cut they keep, but these abusive fees. their allies in Congress. Those criti- most of it is routed along to the bank My amendment did several things. cisms have generally fallen along sev- that issued the card. This fee that goes First, it said that if the big banks are eral lines. to the card-issuing bank is the inter- going to let Visa and MasterCard fix Some have argued that my amend- change fee, also known as a swipe fee. fees on their behalf, the Federal Re- ment is a problem because it involves It skims an average of 1 to 3 percent off serve should regulate those fees. price fixing. the top of every transaction. An esti- The amendment said that any debit I agree that price fixing is a problem, mated $48 billion in credit and debit interchange fee that is set by a card but it is the current interchange fee card interchange fees were collected in network and passed along to a big bank system that represents price fixing. 2008, around $20 billion from debit must be regulated by the Fed to ensure Don’t take it from me even Visa ad- cards. that the fee is reasonable and propor- mits that they fix prices for all their These fees come out of the pockets of tional to the actual cost of processing member banks under the current sys- everyone who accepts cards—mer- the transaction. tem. They sent a letter to the Fed on chants, small businesses, charities, and If a bank wants to charge its own November 8 saying, quote, ‘‘issuers do government agencies—and the costs fees to reflect the costs it bears, so be not in practice set interchange trans- are passed on to consumers. it. My amendment does not regulate action fees; rather, these fees are set Every bank says they need to charge that, and as long as those fees are by networks,’’ fees to help pay for the cost of proc- transparent and competitive, I am fine My amendment tries to correct price essing card transactions and fighting with it. fixing, not create it. fraud. That is fair enough. But the But if the banks all get together and Second, my amendment has been banks do not set their own interchange decide to let Visa and MasterCard fix criticized because some think that it fees. There is no competition here. fees for them, that is where my amend- will not benefit consumers. Some of my Republican colleagues, ment steps in. I absolutely agree that interchange who supported my efforts said we did We know that banks today receive reform should protect consumer inter- not want to go this far to give the Fed- far more in interchange than it costs ests. And I would note that my amend- eral Reserve this authority. But there them to do debit transactions. They ment was supported by a broad range is literally no competition when it use their excess interchange subsidy to of consumer groups and by millions of comes to credit and debit cards. That is pay for things like ads, rewards pro- consumers who signed petitions in sup- why the government has to step in. grams, and CEO bonuses. port of swipe fee reform. That is why we think the Federal Re- The result of my amendment is that Also, I note that the Fed met on Oc- serve is moving in the right direction. we will squeeze the fat out of the inter- tober 13 with a number of consumer Go look at any bank’s Web site and change system. Banks will still be able groups to discuss how to implement look to see how much that bank to use interchange to pay for necessary interchange reform. charges in interchange fees. You won’t processing costs, but they won’t be The Fed has posted online summaries find anything. able to use this interchange scheme to of all its interchange meetings, and ac- Why? Because for years, the banks take excessive fees out of the pockets cording to that summary, the con- have enjoyed a cozy scheme where they of merchants and their customers. sumer groups said they preferred that

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.103 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10997 debit interchange fees be either de rope to limit debit interchange fees to ponents. Other countries see the de- minimis or zero. 0.2 percent in nine countries and for mand for clean energy, and they are Consumers support interchange re- cross-border EU transactions. moving their companies ahead of ours form because, as a November 2009 GAO These countries are doing fine within the race to meet that demand. The study points out, it is under the cur- out excessive interchange fees. And the United States is now home to only 1 of rent interchange system that ‘‘mer- United States will do fine as well. the top 10 companies manufacturing chants pass on their increasing card ac- In conclusion, the Fed’s release of solar energy components and to only 1 ceptance costs to their customers.’’ proposed interchange rules is an impor- of the top 10 companies manufacturing The National Retail Federation esti- tant step toward bringing relief to our wind turbines. mates that each American family pays nation’s merchants and consumers. Half of America’s existing wind tur- an extra $427 per year as a result of in- Now the Fed will commence a formal bines were manufactured overseas. In flated prices due to interchange fees. comment period on the draft rules, and Portsmouth, RI, we have installed two Reining in soaring interchange fees I and many others will likely submit wind turbines. One was manufactured reduces costs for merchants and con- comments suggesting how the draft by a Danish company. The other was sumers alike. can be further improved. manufactured by an Austrian com- Now make no mistake—I expect the I look forward to this process. pany, its components delivered to banks and card companies will try to I again want to thank my 63 col- Rhode Island by a Canadian dis- get around debit interchange regula- leagues who stood up back in May and tributor. tions by creating new hidden consumer voted for my amendment to rein in the Even in coal sequestration, in a coun- fees and by steering consumers toward unfair debit interchange system. I look try where half our power still comes less-regulated products like prepaid forward to continuing to work with from coal, we are not leading. Only one cards. We saw the banks do this after them on this issue in the future. plant is under construction now with the credit card reform bill was enacted I know this fight will be engaged the capability to capture any signifi- last year. again next year. I am looking forward cant portion of its carbon emissions. But I want the banks and card com- to defending what we have done and to The new energy economy that beck- panies to know that I will be watching, ons us has been described in congres- move with Senator MENENDEZ of New and I will make sure both the Congress Jersey and others to deal with other sional testimony as bigger by far than and regulators step in as needed to pre- abuses in the credit card industry, such the tech revolution that brought us our vent consumers from being fleeced. as the prepaid debit card where there laptops and our iPads and our Black- Finally, my amendment has been are vast overcharges of fees. We have Berries and the Internet services that criticized because some say it will hurt to stand in this body for the consumers are now so important a part of our small banks and credit unions. daily lives. The tech economy is $1 tril- of America. They cannot afford the I have pointed out repeatedly that lion; the energy economy is $6 trillion. well-paid lobbyists in the hallways. We my amendment bends over backward to In the race for commanding position protect these small institutions. I have to stand for them because those in this new energy economy, America don’t want to drive them out of the people are the backbone of our econ- designed much of the underlying en- debit card market, and my amendment omy, and without our support, have ergy technology that the world is won’t do that. limited voice in the decisionmaking using, but other countries have put the Nothing in the amendment enables that takes place in this Chamber. propulsive effect of their government merchants to discriminate against I yield the floor. behind their industries, and they are cards issued by small banks and credit The PRESIDING OFFICER. The Sen- pulling ahead of us in bringing those unions. Merchants are still required by ator from Rhode Island. new technologies—our new tech- Visa and MasterCard contracts to ac- Mr. WHITEHOUSE. Mr. President, I nologies—to market. Our competitors cept all cards regardless of the issuer. ask unanimous consent to speak for up are moving to seize an irretrievable ad- And the amendment exempts banks to 20 minutes in morning business. vantage in the development and dis- with less than $10 billion in assets from The PRESIDING OFFICER. Without tribution of new energy technologies, interchange fee regulation. All but objection, it is so ordered. and we are letting them. around 90 banks and 3 credit unions are f Our children, I fear, will judge us exempt. ENERGY REFORM sternly for failing to protect America’s These small banks can continue to economic self-interest at this pivotal receive the same high interchange fees Mr. WHITEHOUSE. Mr. President, we time. But they will judge us for that that they do today and they will actu- come to the end of this Congress hav- less sternly than they will judge us for ally receive higher fee rates than their ing once again failed to harness the our failure to protect their lands and big bank competitors. economic potential achievable through waters, the air and climate they will If Visa and MasterCard are so protec- reform of our Nation’s energy portfolio inherit. For this, their verdict will be tive of their big bank members that or to heed the dire warnings put forth harsh. they decide to voluntarily cut the by our planet about the effects of our Nature’s warnings abound. Nature is interchange rates that small banks re- relentless carbon pollution. giving us every signal of distress a pru- ceive, they will be doing so against The results of our failure are many dent person could want or need to their own profit motive—and they may and are significant. begin to take prudent precautions. Na- be doing so in violation of the antitrust With our economy now at the fore- ture’s voice is clear. laws. front of our minds, you would think we According to NASA, 2010 was the hot- My amendment does not harm small would have paid more attention to the test climate year on record, surpassing banks and credit unions, and I will be economic imperative of energy reform. 2005 as the previous record year. watching to make sure Visa, As the global economic race to clean The acidification of our oceans has MasterCard and the big banks do not energy rushes by around us, you would reached levels not seen in 8,000 cen- harm them either. think we would have exhibited more turies—that is quite a bandwidth to Finally, I will point out that the concern at the prospect of being left fall out of. United States is actually late to the behind. September 2010 saw the lowest re- party when it comes to interchange Instead, we remain engaged as a na- corded Arctic ice volume, at 78 percent regulation. tion in a de facto policy of unilateral below the 1979 level. Researchers warn According to an April 2008 report by economic disarmament in the battle that the Arctic Sea could be ice free by the Federal Reserve Bank of Kansas for command of tomorrow’s energy 2030 and Glacier National Park without City, banks have reached agreement economy. We are surrendering to glaciers. with foreign governments to reduce China, to the European Union, to com- Western forests, as Senator UDALL interchange fees in countries such as petitors around the world. just described, are falling by the mile Israel, Mexico, and Switzerland. The United States invented the first to the ravages of spruce and mountain Just this week, the European Union solar cell, but we now rank fifth among beetles, as warmer winters fail to kill reached an agreement with Visa Eu- countries that manufacture solar com- off these pests.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.105 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10998 CONGRESSIONAL RECORD — SENATE December 22, 2010 A warming climate adds energy to Testifying before Congress on the re- coming U.S. Administration can promise to our weather systems, loading the mete- port, chairman of the National Intel- create a clean-energy revolution, but only orological dice for worse and more fre- ligence Council, Dr. Thomas Finger, naifs believe that it will. quent storms, and we are seeing worse said the impacts of climate change: Is this what the United States has and more frequent storms. . . . will worsen existing problems—such as come to, a country so mired in its in- I am particularly alert to our Earth’s poverty, social tensions, environmental deg- ternal quarrels and bickering, so slave alarm signals since I represent Rhode radation, ineffectual leadership, and weak to special interests that we cannot Island, the Ocean State. Rhode Island political institutions. Climate change could dream big, cannot do what others say and other coastal States face a triple threaten domestic stability in some states, is impossible? whammy. potentially contributing to intra- or, less An eminent historian once counseled First, we get the same terrestrial ef- likely, interstate conflict, particularly over his students about the harsh judgments fects from climate change as all access to increasingly scarce water resources. which it is history’s power to inflict on States: warming climates, changing the wrong. We are, by our inaction, by The Department of Defense Quadren- habitats, and harsher and more fre- our folly, by our unwillingness to face nial Defense Review for 2010 concurred, quent storms. Second, we will also suf- facts, by our refusal to pick up the declaring that climate change will play fer from changes affecting our ocean mantle of leadership, earning such a a ‘‘significant role in shaping the fu- economies: species shifts as bays and harsh judgment. We have chosen to ig- oceans warm, lost fisheries, and the ture security environment.’’ The review stated: nore the plain and indisputable signals pervasive danger of ocean acidification. of our planet, signals that should warn While climate change alone does not cause Rhode Island’s productive winter floun- us about the dangers of the path on der fishery, for instance, is already vir- conflict, it may act as an accelerant of instability or conflict, placing a burden to re- which we are embarked. We have cho- tually gone. Third, we coastal States spond on civilian institutions and militaries sen to ignore both the clear and face the local consequences of rising around the world. present dangers apparent around us sea levels: protecting coastal infra- So here we have it, an enormous now and those looming dangers our structure, rezoning to compensate for missed opportunity economically in a God-given intelligence gives us the new storm surge velocity zones, per- time of economic hardship, an unthink- ability to foresee. We have instead cho- haps even diking and damming to pro- able failure to safeguard the world our sen to listen to a siren song: the siren tect low-lying areas from inundation. children will inherit, an accelerant of song of propaganda, marketed by spe- We can foresee these consequences, instability and conflict at a time when cial interests, indeed, by the very pol- and we can foresee the devastation our security is threatened by both and luters whose carbon pollution is wreak- they will bring. ing this damage. That is our choice, Beyond our economic self-interest still no action. How could we have and it is a choice for which history’s and beyond our responsibility as care- ended up here again? We have ended up here again because judgment will be justifiably harsh. takers of the planet is the fact that cli- The judgment will be harsh because mate change presents a threat to our of a very unfortunate situation in our the answer to that choice is wrong—be- national security. country right now. cause the perils are real, because the Leaders of our defense and intel- I will confess, I am an American ligence communities from both Repub- exceptionalist. Over and over, I have Earth acts by the laws of physics and lican and Democratic administrations spoken on the floor about this country chemistry and biology. Atmospheric and from the career military, outside as a city on a hill, as a beacon in the carbon levels cannot be talked down by of politics, have come forward to ex- darkness, as mankind’s last, best hope, propaganda; our warming bays and seas press their concern. as leading the world by our example. cannot be cooled down by corporate Respected leaders such as GEN Wes- These are trite comments perhaps, but spin; our petty politics simply are not ley Clark and former CIA Director I say them unashamedly. Our balanced part of the equation when these great James Woolsey have called for us to system of government, our founding forces of nature are set in motion. aggressively reduce our reliance on fos- principles of ordered liberty, our em- Similar to King Canute, we cannot sil fuels. In 2007, the nonprofit CNA brace of our diversity, our willingness change this tide by proclamation, let Military Advisory Board gathered a to fight and die for freedom in foreign alone by propaganda. dozen of the Nation’s most respected lands and then come home, without I see the majority leader on the floor. retired admirals and generals, includ- conquest, with other nations’ freedom I wish to inquire if he would like me to ing former Chief of Staff of the Army our only prize, these are exceptional yield for a moment to him as a cour- GEN Gordon Sullivan and former com- American virtues, and they have tesy. mander-in-chief of U.S. Central Com- changed the course of humanity. Mr. REID. Has my friend completed mand GEN Anthony Zinni, to produce a But our exceptional place in the his statement? report called ‘‘National Security and human story does not give us an ex- Mr. WHITEHOUSE. I have not. the Threat of Climate Change.’’ cuse. It does not give us a pass. It gives Mr. REID. I say to the Senator, Its principal conclusion is that cli- us, as Americans, a responsibility. Our please complete your statement. mate change poses a serious threat to American exceptionalism confers on Mr. WHITEHOUSE. Thank you, national security by acting as a Americans a responsibility. To ignore, Leader. ‘‘threat multiplier’’ for instability in as we have, the calm and constant Some say we do not have to worry some of the world’s most volatile re- counsels of science is not consistent about the consequences that will come gions and presents significant national with that responsibility. To ignore from what we see happening around us, security challenges for the United facts that are so plain as to be defacing that we do not have to attend to na- States. our planet—her great glaciers and seas, ture’s warnings about the effects of As former ADM T. Joseph Lopez her lands and species—is not consistent what we are doing because God will get states in the report: with that responsibility. To turn away us out of the mess we are making. Per- More poverty, more forced migrations, from leadership at a time when other haps, but history shows how often higher unemployment. Those conditions are nations are turning to us for leadership God’s work is done through the work of ripe for extremists and terrorists. is not consistent with that responsi- human hands, through the gifts of the The official position of the U.S. Gov- bility. It is not American human mind, through the responsi- ernment is the same—not just at EPA, exceptionalism to be exceptionally bility of the human conscience. In this, the Environmental Protection Agency, wrong or exceptionally blind or excep- as in so many other things, God’s work not just in the political elements of the tionally timid. must be our own. The task for our administration. In 2008, the intel- James Fallows wrote in a recent At- hands is to address the facts science ligence organizations within our na- lantic article about clean coal tech- has long told us will bear on the prob- tional security structure prepared a nology that: lem: First and foremost, the rise in national intelligence assessment on . . . the Chinese government can decide to carbon pollution. We are now dumping the national security implications of transform the country’s energy system in 10 37 billion tons, or 37 gigatons, of CO a climate change. years, and no one doubts that it will. An in- year into our atmosphere. Twenty

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.106 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10999 years ago, that number was less than 25 turn the tide, and we must if we are to The legislative clerk read as follows: gigatons. Twenty years from now it live up to our legacy as Americans and A concurrent resolution (H. Con. Res. 336) might be over 50 gigatons. face up to the judgment of history. We providing for the sine die adjournment of the We know what that means. Carbon can fight the propaganda. We can be second session of the 111th Congress. dioxide persists in the environment for servants of the truth. We can prevent The PRESIDING OFFICER. The mes- decades. We know that. So as we pile manufactured doubt from ruling the sage is privileged. on the gigatons every year, it piles up day. But we haven’t. Without objection, the Senate pro- in our atmosphere. We know that. The Losing another year in which we ceeded to consider the resolution. concentration of carbon dioxide in the could have taken the action demanded Mr. REID. Mr. President, I ask for a atmosphere has fluctuated in a range of us by our economy, by our national vote on this at this time. between 180 and 280 parts per million security, by our planet was a mistake. The PRESIDING OFFICER. The over most of the last million years. In Losing this great democracy to the in- question is on agreeing to the concur- 1900, the CO2 concentration had popped ertia and cynicism of these political rent resolution. out of that range up to 300 parts per times would be a disaster. The concurrent resolution (H. Con. million, and today the concentration But beyond the four walls of this Res. 336) was agreed to, as follows: exceeds 390 parts per million and is Chamber, I believe there is reason to H. CON. RES. 336 hope. Each day Americans are waking climbing at about 2 parts per million Resolved by the House of Representatives (the every year. We know what that means up to this challenge. Each day young Senate concurring), That when the House ad- too. people are joining together in their journs on any legislative day from Friday, We have known since the Irish sci- neighborhoods attempting small but December 17, 2010, through Friday, December entist, John Tyndall, figured it out in significant local solutions to this large 24, 2010, on a motion offered pursuant to this 1859—the year Oregon was admitted as and imposing global problem. Each day concurrent resolution by its Majority Leader the 33rd State, when James Buchanan our entrepreneurs seek new rays of op- or his designee, it stand adjourned sine die, was President, and when, ironically, portunity in the clouds of dismay, find- or until the time of any reassembly pursuant ing ways to serve both their business to section 2 of this concurrent resolution, the first U.S. oil well was drilled—that whichever occurs first; and that when the carbon dioxide traps heat in our atmos- instincts and their duty as citizens of Senate adjourns on any day from Sunday, phere. It is basic textbook science. the planet. Each day business leaders December 19, 2010, through 11:59 a.m. on Mon- Unfortunately, basic textbook are looking at our inaction with grow- day, January 3, 2011, on a motion offered pur- science has encountered basic textbook ing regret and worry. And each day or- suant to this concurrent resolution by its politics and lost. dinary citizens from every walk of life Majority Leader or his designee, it stand ad- The oil-and-gas sector spent $250 mil- are more and more, with clear eyes, journed sine die, or until the time of any re- lion in lobbying expenses while we were seeing what we must face in the years assembly pursuant to section 2 of this con- working on a climate change bill be- ahead. current resolution, whichever occurs first. SEC. 2. The Speaker of the House and the tween January 2009 and June 2010. The Many things influence our political Majority Leader of the Senate, or their re- electric utilities kicked in another $264 institutions. Yes, money does; yes, par- spective designees, acting jointly after con- million in lobbying expenditures. The tisanship does. But more than any- sultation with the Minority Leader of the mining industry topped it off with $29 thing else, we are all servants. Each of House and the Minority Leader of the Sen- million, for a grand total industry lob- us, given loud enough calls from our ate, shall notify the Members of the House bying expense during this period of country, from our States, from our and the Senate, respectively, to reassemble at such place and time as they may des- more than $1⁄2 billion—$543 million, to communities, will have no choice but be exact. to listen. ignate if, in their opinion, the public interest shall warrant it. So the judgment of history will be So even as I communicate to my col- harsh not just because we were wrong, leagues my disappointment at this f nor just because we were wrong in ways year’s failure, I wish to challenge THANKING OUR SENATE PAGES that we were able to understand were Americans to take into their own wrong. It will be harsh because we in hands the job of creating next year’s Mr. REID. I have a few brief words, so this generation were entrusted with success. Call us. Write to us. Make us I would appreciate everyone’s patience. America’s great democracy, as other do this. You know we will be a stronger Through early mornings and late generations before us have been en- America if we do. You know we will be nights, weekdays and weekends, dedi- trusted with America’s great democ- a safer America if we do. You know we cated Senate pages often work as hard racy, and we will have failed that trust will be a more respected America if we as do Senators and staffs. Their job is by failing in this challenge to meet the do. Make us do this. fast-paced. We ask a lot of these young standards of a great democracy. Every American generation is given men and women. They have significant We fail that trust because this is no its chance to meet with honor, energy, responsibilities and much is expected innocent mistake. This is not getting and wisdom the great challenges of its of them. Sometimes, like this past it wrong even though we tried our best. day. Every American generation can week, those responsibilities and expec- This is not even getting it wrong be- rise to meet those challenges in a way tations are tremendous. cause we were lazy and not paying at- that burnishes the gleam of our city on This past week has been one of those tention. This is no innocent mistake. a hill, in a way that brightens the lamp times. Thirty pages began working in This is the power of money in politics. America holds out in the darkness. September for this semester, and by This is the power of propaganda over That moment is upon us in this time now most of them have gone home to truth. This is the deliberate poisoning and place, and we must rise to it. their families all across America—all of the public square with defective in- I yield the floor, and I thank the ma- but two of them, Rachel Bailey and formation, with manufactured doubt, jority leader for his courtesy. Jarrod Nagurka. Rachel is from Mary- with false choices, with a campaign of The PRESIDING OFFICER. The ma- land and Jarrod is from Virginia. calculated deception. In the same ‘‘At- jority leader. This past week has been very hectic. lantic’’ article I quoted earlier, James f Through last weekend and during this Fallows observed: week, historic legislation has been de- PROVIDING FOR THE SINE DIE AD- bated and passed right here on the Sen- Heads of the major coal-mining and elec- JOURNMENT OF THE SECOND tric-power utilities in United States and ate floor. The Senate floor cloakrooms China accept as settled fact that greenhouse SESSION OF THE ONE HUNDRED have been extremely busy. Many gas emissions are an emergency they must ELEVENTH CONGRESS amendments have been filed and called confront because of the likely disruptive ef- Mr. REID. Mr. President, I ask unan- up. There has been an unusual situa- fect on the world climate. imous consent the Senate proceed to H. tion where we have been in executive Even they get it but not us. We, the Con. Res. 336, which is at the desk. session with one of the rare treaties generation that lives today, the Con- The PRESIDING OFFICER. The that are debated in this body. Senators gress that serves today, the public clerk will report the concurrent resolu- have been heavily engaged trying to servants in office today can begin to tion by title. finish the work of the 111th Congress.

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.108 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11000 CONGRESSIONAL RECORD — SENATE December 22, 2010 Without a single complaint, Rachel Sec. 110. Collaborating with Federal labora- TITLE I—REAUTHORIZATION OF THE SBIR and Jarrod, these two pages, have been tories and research and devel- AND STTR PROGRAMS carrying the load of all 30 Democratic opment centers. SEC. 101. EXTENSION OF TERMINATION DATES. and Republican pages. These two fine Sec. 111. Notice requirement. (a) SBIR.—Section 9(m) of the Small Busi- Sec. 112. Express authority for an agency to ness Act (15 U.S.C. 638(m)) is amended— young pages have worked both cloak- award sequential Phase II rooms. They haven’t had any days off (1) by striking ‘‘TERMINATION.—’’ and all awards for SBIR or STTR fund- that follows through ‘‘the authorization’’ and have regularly worked up to 13 to ed projects. and inserting ‘‘TERMINATION.—The author- 14 hours each day. That is a lot for any- TITLE II—OUTREACH AND ization’’; one, and it is certainly a lot for a 16- COMMERCIALIZATION INITIATIVES (2) by striking ‘‘2008’’ and inserting ‘‘2018’’; year-old who is a student besides. Sec. 201. Rural and State outreach. and The Senate greatly appreciates Ra- Sec. 202. SBIR–STEM Workforce Develop- (3) by striking paragraph (2). chel and Jarrod’s commitment and ment Grant Pilot Program. (b) STTR.—Section 9(n)(1)(A) of the Small calmness while the Senate’s work has Sec. 203. Technical assistance for awardees. Business Act (15 U.S.C. 638(n)(1)(A)) is amended— been so hectic. They have made our Sec. 204. Commercialization Readiness Pro- gram at Department of Defense. (1) by striking ‘‘IN GENERAL.—’’ and all work much easier. They have been ex- that follows through ‘‘with respect’’ and in- ceedingly professional, and I thank Sec. 205. Commercialization Readiness Pilot Program for civilian agencies. serting ‘‘IN GENERAL.—With respect’’; them. Sec. 206. Accelerating cures. (2) by striking ‘‘2009’’ and inserting ‘‘2018’’; I want every one of their family Sec. 207. Federal agency engagement with and members to know that in the minds of SBIR and STTR awardees that (3) by striking clause (ii). the Senate, these are two legislative have been awarded multiple SEC. 102. STATUS OF THE OFFICE OF TECH- heroes. Phase I awards but have not NOLOGY. Section 9(b) of the Small Business Act (15 f been awarded Phase II awards. Sec. 208. Clarifying the definition of ‘‘Phase U.S.C. 638(b)) is amended— SBIR/STTR REAUTHORIZATION ACT III’’. (1) in paragraph (7), by striking ‘‘and’’ at OF 2010 Sec. 209. Shortened period for final decisions the end; on proposals and applications. (2) in paragraph (8), by striking the period Mr. NELSON of Florida. Mr. Presi- at the end and inserting ‘‘; and’’; dent, I ask unanimous consent that the TITLE III—OVERSIGHT AND EVALUATION (3) by redesignating paragraph (8) as para- Senate proceed to the immediate con- Sec. 301. Streamlining annual evaluation re- graph (9); and sideration of S. 4053, introduced earlier quirements. (4) by adding at the end the following: today. Sec. 302. Data collection from agencies for ‘‘(10) to maintain an Office of Technology SBIR. The PRESIDING OFFICER. The to carry out the responsibilities of the Ad- Sec. 303. Data collection from agencies for ministration under this section, which shall clerk will report the bill by title. STTR. be— The bill clerk read as follows: Sec. 304. Public database. ‘‘(A) headed by the Assistant Adminis- A bill (S. 4053) to reauthorize and improve Sec. 305. Government database. trator for Technology, who shall report di- the SBIR and STTR programs, and for other Sec. 306. Accuracy in funding base calcula- rectly to the Administrator; and purposes. tions. ‘‘(B) independent from the Office of Gov- The ACTING PRESIDENT pro tem- Sec. 307. Continued evaluation by the Na- ernment Contracting of the Administration tional Academy of Sciences. pore. There being no objection, the and sufficiently staffed and funded to comply Sec. 308. Technology insertion reporting re- with the oversight, reporting, and public Senate proceeded to consider the bill. quirements. database responsibilities assigned to the Of- Mr. NELSON of Florida. Mr. Presi- Sec. 309. Intellectual property protections. fice of Technology by the Administrator.’’. dent, I ask unanimous consent that the Sec. 310. Obtaining consent from SBIR and SEC. 103. SBIR ALLOCATION INCREASE. bill be read a third time and passed, STTR applicants to release con- Section 9(f) of the Small Business Act (15 the motion to reconsider be laid upon tact information to economic U.S.C. 638(f)) is amended— the table, and any statements relating development organizations. (1) in paragraph (1)— to the bill be printed in the RECORD. Sec. 311. Pilot to allow funding for adminis- (A) in the matter preceding subparagraph The PRESIDING OFFICER. Without trative, oversight, and contract (A), by striking ‘‘Each’’ and inserting ‘‘Ex- processing costs. cept as provided in paragraph (2)(B), each’’; objection, it is so ordered. Sec. 312. GAO study with respect to venture The bill (S. 4053) was ordered to be (B) in subparagraph (B), by striking ‘‘and’’ capital operating company in- at the end; and engrossed for a third reading, was read volvement. (C) by striking subparagraph (C) and in- the third time, and passed, as follows: Sec. 313. Reducing vulnerability of SBIR and serting the following: S. 4053 STTR programs to fraud, waste, ‘‘(C) not less than 2.5 percent of such budg- Be it enacted by the Senate and House of Rep- and abuse. et in fiscal year 2011; resentatives of the United States of America in Sec. 314. Interagency policy committee. ‘‘(D) not less than 2.6 percent of such budg- Congress assembled, TITLE IV—POLICY DIRECTIVES et in fiscal year 2012; SECTION 1. SHORT TITLE. Sec. 401. Conforming amendments to the ‘‘(E) not less than 2.7 percent of such budg- This Act may be cited as the ‘‘SBIR/STTR SBIR and the STTR Policy Di- et in fiscal year 2013; Reauthorization Act of 2010’’. rectives. ‘‘(F) not less than 2.8 percent of such budget in fiscal year 2014; SEC. 2. TABLE OF CONTENTS. TITLE V—OTHER PROVISIONS ‘‘(G) not less than 2.9 percent of such budg- The table of contents for this Act is as fol- Sec. 501. Research topics and program diver- et in fiscal year 2015; lows: sification. ‘‘(H) not less than 3.0 percent of such budg- Sec. 1. Short title. Sec. 502. Report on SBIR and STTR program et in fiscal year 2016; Sec. 2. Table of contents. goals. ‘‘(I) not less than 3.1 percent of such budget Sec. 3. Definitions. Sec. 503. Competitive selection procedures in fiscal year 2017; TITLE I—REAUTHORIZATION OF THE for SBIR and STTR programs. ‘‘(J) not less than 3.2 percent of such budg- SBIR AND STTR PROGRAMS SEC. 3. DEFINITIONS. et in fiscal year 2018; Sec. 101. Extension of termination dates. In this Act— ‘‘(K) not less than 3.3 percent of such budg- Sec. 102. Status of the Office of Technology. (1) the terms ‘‘Administration’’ and ‘‘Ad- et in fiscal year 2019; Sec. 103. SBIR allocation increase. ministrator’’ mean the Small Business Ad- ‘‘(L) not less than 3.4 percent of such budg- Sec. 104. STTR allocation increase. ministration and the Administrator thereof, et in fiscal year 2020; and Sec. 105. SBIR and STTR award levels. respectively; ‘‘(M) not less than 3.5 percent of such budg- Sec. 106. Agency and program flexibility. (2) the terms ‘‘extramural budget’’, ‘‘Fed- et in fiscal year 2021 and each fiscal year Sec. 107. Elimination of Phase II invita- eral agency’’, ‘‘Small Business Innovation thereafter,’’; and tions. Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- (2) in paragraph (2)— Sec. 108. Participation by firms with sub- ness Technology Transfer Program’’, and (A) by redesignating subparagraphs (A) and stantial investment from mul- ‘‘STTR’’ have the meanings given such terms (B) as clauses (i) and (ii), respectively, and tiple venture capital operating in section 9 of the Small Business Act (15 adjusting the margins accordingly; companies in a portion of the U.S.C. 638); and (B) by striking ‘‘A Federal agency’’ and in- SBIR program. (3) the term ‘‘small business concern’’ has serting the following: Sec. 109. SBIR and STTR special acquisition the meaning given that term under section 3 ‘‘(A) IN GENERAL.—A Federal agency’’; and preference. of the Small Business Act (15 U.S.C. 632). (C) by adding at the end the following:

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‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) the head of a Federal agency other MENT OF ENERGY.—For the Department of De- this subsection shall be construed to prevent than a Federal agency described in subpara- fense and the Department of Energy, to the a Federal agency from supplementing an graph (A) that participates in the SBIR pro- greatest extent practicable, the percentage award under the SBIR program or the STTR gram may award not more than 15 percent of of the extramural budget in excess of 2.5 per- program using funds of the Federal agency the funds allocated for the SBIR program of cent required to be expended with small busi- that are not part of the SBIR program or the the Federal agency to small business con- ness concerns under subparagraphs (D) STTR program of the Federal agency.’’. cerns that are owned in majority part by through (M) of paragraph (1)— SEC. 106. AGENCY AND PROGRAM FLEXIBILITY. multiple venture capital operating compa- ‘‘(i) may not be used for new Phase I or Section 9 of the Small Business Act (15 nies through competitive, merit-based proce- Phase II awards; and U.S.C. 638), as amended by this Act, is dures that are open to all eligible small busi- ‘‘(ii) shall be used for activities that fur- amended by adding at the end the following: ness concerns. ther the readiness levels of technologies de- ‘‘(bb) SUBSEQUENT PHASE II AWARDS.— ‘‘(2) DETERMINATION.—A written deter- veloped under Phase II awards, including ‘‘(1) AGENCY FLEXIBILITY.—A small business mination described in this paragraph is a conducting testing and evaluation to pro- concern that received an award from a Fed- written determination by the head of a Fed- mote the transition of such technologies into eral agency under this section shall be eligi- eral agency that explains how the use of the commercial or defense products, or systems ble to receive a subsequent Phase II award authority under paragraph (1) will— furthering the mission needs of the Depart- from another Federal agency, if the head of ‘‘(A) induce additional venture capital ment of Defense or the Department of En- each relevant Federal agency or the relevant funding of small business innovations; ergy, as the case may be.’’. component of the Federal agency makes a ‘‘(B) substantially contribute to the mis- SEC. 104. STTR ALLOCATION INCREASE. written determination that the topics of the sion of the Federal agency; Section 9(n)(1)(B) of the Small Business relevant awards are the same and both agen- ‘‘(C) demonstrate a need for public re- Act (15 U.S.C. 638(n)(1)(B)) is amended— cies report the awards to the Administrator search; and (1) in clause (i), by striking ‘‘and’’ at the for inclusion in the public database under ‘‘(D) otherwise fulfill the capital needs of end; subsection (k). small business concerns for additional fi- (2) in clause (ii), by striking ‘‘thereafter.’’ ‘‘(2) SBIR AND STTR PROGRAM FLEXI- nancing for the SBIR project. and inserting ‘‘through fiscal year 2011;’’; and BILITY.—A small business concern that re- ‘‘(3) REGISTRATION.—A small business con- (3) by adding at the end the following: ceived an award under this section under the cern that is majority-owned by multiple ven- ‘‘(iii) 0.4 percent for fiscal years 2012 and SBIR program or the STTR program may re- ture capital operating companies and quali- 2013; ceive a subsequent Phase II award in either fied for participation in the program author- ‘‘(iv) 0.5 percent for fiscal years 2014 and the SBIR program or the STTR program and ized under paragraph (1) shall— 2015; and the participating agency or agencies shall ‘‘(A) register with the Administrator on ‘‘(v) 0.6 percent for fiscal year 2016 and report the awards to the Administrator for the date that the small business concern sub- each fiscal year thereafter.’’. inclusion in the public database under submits an application for an award under the SEC. 105. SBIR AND STTR AWARD LEVELS. section (k). SBIR program; and (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) ‘‘(3) PREVENTING DUPLICATIVE AWARDS.—Be- ‘‘(B) indicate in any SBIR proposal that of the Small Business Act (15 U.S.C. fore making an award under paragraph (1) or the small business concern is registered 638(j)(2)(D)) is amended— (2), the head of a Federal agency shall verify under subparagraph (A) as majority-owned (1) by striking ‘‘$100,000’’ and inserting that the project to be performed with the by multiple venture capital operating com- ‘‘$150,000’’; and award has not been funded under the SBIR panies. (2) by striking ‘‘$750,000’’ and inserting program or STTR program of another Fed- ‘‘(4) COMPLIANCE.— ‘‘$1,000,000’’. eral agency.’’. ‘‘(A) IN GENERAL.—The head of a Federal (b) STTR ADJUSTMENTS.—Section SEC. 107. ELIMINATION OF PHASE II INVITA- agency that makes an award under this sub- 9(p)(2)(B)(ix) of the Small Business Act (15 TIONS. section during a fiscal year shall collect and U.S.C. 638(p)(2)(B)(ix)) is amended— (a) IN GENERAL.—Section 9(e) of the Small submit to the Administrator data relating to (1) by striking ‘‘$100,000’’ and inserting Business Act (15 U.S.C. 638(e)) is amended— the number and dollar amount of Phase I ‘‘$150,000’’; and (1) in paragraph (4)(B), by striking ‘‘to fur- awards, Phase II awards, and any other cat- (2) by striking ‘‘$750,000’’ and inserting ther’’ and inserting: ‘‘which shall not include egory of awards by the Federal agency under ‘‘$1,000,000’’. any invitation, pre-screening, pre-selection, the SBIR program during that fiscal year. (c) ANNUAL ADJUSTMENTS.—Section 9 of the or down-selection process for eligibility for ‘‘(B) ANNUAL REPORTING.—The Adminis- Small Business Act (15 U.S.C. 638) is amend- the second phase, that will further’’; and trator shall include as part of each annual ed— (2) in paragraph (6)(B), by striking ‘‘to fur- report by the Administration under sub- (1) in subsection (j)(2)(D), by striking ther develop proposed ideas to’’ and inserting section (b)(7) any data submitted under sub- ‘‘once every 5 years to reflect economic ad- ‘‘which shall not include any invitation, pre- paragraph (A) and a discussion of the compli- justments and programmatic consider- screening, pre-selection, or down-selection ance of each Federal agency that makes an ations’’ and inserting ‘‘every year for infla- process for eligibility for the second phase, award under this subsection during the fiscal tion’’; and that will further develop proposals that’’. year with the maximum percentages under (2) in subsection (p)(2)(B)(ix) by inserting SEC. 108. PARTICIPATION BY FIRMS WITH SUB- paragraph (1). ‘‘(each of which the Administrator shall ad- STANTIAL INVESTMENT FROM MUL- ‘‘(5) ENFORCEMENT.—If a Federal agency just for inflation annually)’’ after TIPLE VENTURE CAPITAL OPER- awards more than the percent of the funds ‘‘$750,000,’’. ATING COMPANIES IN A PORTION OF allocated for the SBIR program of the Fed- (d) LIMITATION ON SIZE OF AWARDS.—Sec- THE SBIR PROGRAM. eral agency authorized under paragraph (1) tion 9 of the Small Business Act (15 U.S.C. (a) IN GENERAL.—Section 9 of the Small 638) is amended by adding at the end the fol- Business Act (15 U.S.C. 638), as amended by for a purpose described in paragraph (1), the lowing: this Act, is amended by adding at the end head of the Federal agency shall transfer an ‘‘(aa) LIMITATION ON SIZE OF AWARDS.— the following: amount equal to the amount awarded in ex- ‘‘(1) LIMITATION.—No Federal agency may ‘‘(cc) PARTICIPATION OF SMALL BUSINESS cess of the amount authorized under para- issue an award under the SBIR program or CONCERNS MAJORITY-OWNED BY VENTURE CAP- graph (1) to the funds for general SBIR pro- the STTR program if the size of the award ITAL OPERATING COMPANIES IN THE SBIR PRO- grams from the non-SBIR and non-STTR re- exceeds the award guidelines established GRAM.— search and development funds of the Federal under this section by more than 50 percent. ‘‘(1) AUTHORITY.—Upon a written deter- agency not later than 180 days after the date ‘‘(2) MAINTENANCE OF INFORMATION.—Par- mination described in paragraph (2) provided on which the Federal agency made the award ticipating agencies shall maintain informa- to the Administrator and to the Committee that caused the total awarded under para- tion on awards exceeding the guidelines es- on Small Business and Entrepreneurship of graph (1) to be more than the amount au- tablished under this section, including— the Senate and the Committee on Small thorized under paragraph (1) for a purpose ‘‘(A) the amount of each award; Business of the House of Representatives not described in paragraph (1). ‘‘(B) a justification for exceeding the later than 30 days before the date on which ‘‘(6) EVALUATION CRITERIA.—A Federal award amount; an award is made— agency may not use investment of venture ‘‘(C) the identity and location of each ‘‘(A) the Director of the National Insti- capital as a criterion for the award of con- award recipient; and tutes of Health, the Secretary of Energy, and tracts under the SBIR program or STTR pro- ‘‘(D) whether an award recipient has re- the Director of the National Science Founda- gram.’’. ceived any venture capital investment and, tion may award not more than 25 percent of (b) TECHNICAL AND CONFORMING AMEND- if so, whether the recipient is majority- the funds allocated for the SBIR program of MENT.—Section 3 of the Small Business Act owned and controlled by multiple venture the Federal agency to small business con- (15 U.S.C. 632) is amended by adding at the capital operating companies. cerns that are owned in majority part by end the following: ‘‘(3) REPORTS.—The Administrator shall in- multiple venture capital operating compa- ‘‘(aa) VENTURE CAPITAL OPERATING COM- clude the information described in paragraph nies through competitive, merit-based proce- PANY.—In this Act, the term ‘venture capital (2) in the annual report of the Administrator dures that are open to all eligible small busi- operating company’ means an entity de- to Congress. ness concerns; and scribed in clause (i), (v), or (vi) of section

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11002 CONGRESSIONAL RECORD — SENATE December 22, 2010

121.103(b)(5) of title 13, Code of Federal Regu- under section 9(cc) of the Small Business (d) ASSISTANCE FOR DETERMINING AFFILI- lations (or any successor thereto).’’. Act, as added by this section. ATES.— (c) RULEMAKING TO ENSURE THAT FIRMS (C) CRITERIA FOR DETERMINING FOREIGN (1) CLEAR EXPLANATION REQUIRED.—Not THAT ARE MAJORITY-OWNED BY MULTIPLE OWNERSHIP.—The Administrator shall estab- later than 30 days after the date of enact- VENTURE CAPITAL OPERATING COMPANIES ARE lish criteria for determining whether an ap- ment of this Act, the Administrator shall ABLE TO PARTICIPATE IN A PORTION OF THE plicant meets the requirements under sub- post on the website of the Administration SBIR PROGRAM.— paragraph (A)(ii), and, in establishing the (with a direct link displayed on the home- (1) STATEMENT OF CONGRESSIONAL INTENT.— criteria, shall consider whether the criteria page of the website of the Administration or It is the stated intent of Congress that the should include— the SBIR and STTR websites of the Adminis- Administrator should promulgate regula- (i) whether the applicant is at least 51 per- tration)— tions to carry out the authority under sec- cent owned or controlled by citizens of the (A) a clear explanation of the SBIR and tion 9(cc) of the Small Business Act, as United States or domestic venture capital STTR affiliation rules under part 121 of title added by this section, that— operating companies; 13, Code of Federal Regulations; and (A) permit small business concerns that (ii) whether the applicant is domiciled in (B) contact information for officers or em- are majority-owned by multiple venture cap- the United States; and ployees of the Administration who— (i) upon request, shall review an issue re- ital operating companies to participate in (iii) whether the applicant is a direct or in- lating to the rules described in subparagraph the SBIR program in accordance with sec- direct subsidiary of a foreign-owned firm, in- (A); and tion 9(cc) of the Small Business Act; cluding whether the criteria should include (ii) shall respond to a request under clause (B) provide specific guidance for small that an applicant is a direct or indirect sub- (i) not later than 20 business days after the business concerns that are majority-owned sidiary of a foreign-owned entity if— date on which the request is received. by multiple venture capital operating com- (I) any venture capital operating company (2) INCLUSION OF AFFILIATION RULES FOR panies with regard to eligibility, participa- that owns more than 20 percent of the appli- CERTAIN SMALL BUSINESS CONCERNS.—On and tion, and affiliation rules; and cant is a direct or indirect subsidiary of a after the date on which the final regulations (C) preserve and maintain the integrity of foreign-owned entity; or under subsection (c) are issued, the Adminis- the SBIR program as a program for small (II) in the aggregate, entities that are di- trator shall post on the website of the Ad- business concerns in the United States, pro- rect or indirect subsidiaries of foreign-owned ministration information relating to the reg- hibiting large businesses or large entities or entities own more than 49 percent of the ap- ulations, in accordance with paragraph (1). foreign-owned businesses or entities from plicant. SEC. 109. SBIR AND STTR SPECIAL ACQUISITION participation in the program established (D) CRITERIA FOR DETERMINING AFFILI- PREFERENCE. under section 9 of the Small Business Act. ATION.—The Administrator shall establish Section 9(r) of the Small Business Act (15 (2) RULEMAKING REQUIRED.— criteria, in accordance with paragraph (1), U.S.C. 638(r)) is amended by adding at the (A) PROPOSED REGULATIONS.—Not later for determining whether an applicant is af- end the following: than April 30, 2011, the Administrator shall filiated with a venture capital operating ‘‘(4) PHASE III AWARDS.—To the greatest ex- issue proposed regulations to amend section company or any other business that the ven- tent practicable, Federal agencies and Fed- 121.103 (relating to determinations of affili- ture capital operating company has financed eral prime contractors shall issue Phase III ation applicable to the SBIR program) and and, in establishing the criteria, shall speci- awards relating to technology, including sole section 121.702 (relating to ownership and fy that— source awards, to the SBIR and STTR award control standards and size standards applica- (i) if a venture capital operating company recipients that developed the technology.’’. ble to the SBIR program) of title 13, Code of that is determined to be affiliated with an SEC. 110. COLLABORATING WITH FEDERAL LAB- Federal Regulations, for firms that are ma- applicant is a minority investor in the appli- ORATORIES AND RESEARCH AND DE- jority-owned by multiple venture capital op- cant, the portfolio companies of the venture VELOPMENT CENTERS. erating companies and participating in the capital operating company shall not be de- Section 9 of the Small Business Act (15 SBIR program solely under the authority termined to be affiliated with the applicant, U.S.C. 638), as amended by this Act, is under section 9(cc) of the Small Business unless— amended by adding at the end the following: Act, as added by this section. (I) the venture capital operating company ‘‘(dd) COLLABORATING WITH FEDERAL LAB- (B) FINAL REGULATIONS.—Not later than owns a majority of the portfolio company; or ORATORIES AND RESEARCH AND DEVELOPMENT December 31, 2011, and after providing notice (II) the venture capital operating company CENTERS.— of and opportunity for comment on the pro- holds a majority of the seats on the board of ‘‘(1) AUTHORIZATION.—Subject to the limi- posed regulations issued under subparagraph directors of the portfolio company; tations under this section, the head of each (A), the Administrator shall issue final or in- (ii) subject to clause (i), the Administrator participating Federal agency may make terim final regulations under this sub- retains the authority to determine whether a SBIR and STTR awards to any eligible small section. venture capital operating company is affili- business concern that— (3) CONTENTS.— ated with an applicant, including estab- ‘‘(A) intends to enter into an agreement (A) IN GENERAL.—The regulations issued lishing other criteria; with a Federal laboratory or federally funded under this subsection shall permit the par- (iii) the Administrator may not determine research and development center for portions ticipation of applicants majority-owned by that a portfolio company of a venture capital of the activities to be performed under that multiple venture capital operating compa- operating company is affiliated with an ap- award; or nies in the SBIR program in accordance with plicant based solely on one or more shared ‘‘(B) has entered into a cooperative re- section 9(cc) of the Small Business Act, as investors; and search and development agreement (as de- added by this section, unless the Adminis- (iv) subject to clauses (i), (ii), and (iii), the fined in section 12(d) of the Stevenson- trator determines— Administrator retains the authority to de- Wydler Technology Innovation Act of 1980 (15 (i) in accordance with the size standards termine whether a portfolio company of a U.S.C. 3710a(d))) with a Federal laboratory. established under subparagraph (B), that the venture capital operating company is affili- ‘‘(2) PROHIBITION.—No Federal agency applicant is— ated with an applicant based on factors inde- shall— (I) a large business or large entity; or pendent of whether there is a shared inves- ‘‘(A) condition an SBIR or STTR award (II) majority-owned or controlled by a tor, such as whether there are contractual upon entering into agreement with any Fed- large business or large entity; or obligations between the portfolio company eral laboratory or any federally funded lab- (ii) in accordance with the criteria estab- and the applicant. oratory or research and development center lished under subparagraph (C), that the ap- (4) ENFORCEMENT.—If the Administrator for any portion of the activities to be per- plicant— does not issue final or interim final regula- formed under that award; (I) is a foreign business or a foreign entity tions under this subsection on or before De- ‘‘(B) approve an agreement between a or is not a citizen of the United States or cember 31, 2011, the Administrator may not small business concern receiving a SBIR or alien lawfully admitted for permanent resi- carry out any activities under section 4(h) of STTR award and a Federal laboratory or fed- dence; or the Small Business Act (15 U.S.C. 633(h)) (as erally funded laboratory or research and de- (II) is majority-owned or controlled by a continued in effect pursuant to the Act enti- velopment center, if the small business con- foreign business, foreign entity, or person tled ‘‘An Act to extend temporarily certain cern performs a lesser portion of the activi- who is not a citizen of the United States or authorities of the Small Business Adminis- ties to be performed under that award than alien lawfully admitted for permanent resi- tration’’, approved October 10, 2006 (Public required by this section and by the SBIR dence. Law 109–316; 120 Stat. 1742)) during the period Policy Directive and the STTR Policy Direc- (B) SIZE STANDARDS.—Under the authority beginning on the day after December 31, 2011, tive of the Administrator; or to establish size standards under paragraphs and ending on the date on which the final or ‘‘(C) approve an agreement that violates (2) and (3) of section 3(a) of the Small Busi- interim final regulations are issued. any provision, including any data rights pro- ness Act (15 U.S.C. 632(a)), the Administrator (5) DEFINITION.—In this subsection, the tections provision, of this section or the shall, in accordance with paragraph (1) of term ‘‘venture capital operating company’’ SBIR and the STTR Policy Directives. this subsection, establish size standards for has the same meaning as in section 3(aa) of ‘‘(3) IMPLEMENTATION.—Not later than 180 applicants seeking to participate in the the Small Business Act, as added by this sec- days after the date of enactment of this sub- SBIR program solely under the authority tion. section, the Administrator shall modify the

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11003 SBIR Policy Directive and the STTR Policy Partnership Program, the purpose of which ‘‘(II) whether the applicant has dem- Directive issued under this section to ensure shall be to strengthen the technological onstrated that a need exists to increase the that small business concerns— competitiveness of small business concerns number or success of small high-technology ‘‘(A) have the flexibility to use the rein the States. businesses in the State or an area of the sources of the Federal laboratories and feder- ‘‘(3) GRANTS AND COOPERATIVE AGREE- State, as measured by the number of Phase ally funded research and development cen- MENTS.— I and Phase II SBIR awards that have his- ters; and ‘‘(A) JOINT REVIEW.—In carrying out the torically been received by small business ‘‘(B) are not mandated to enter into agree- FAST program, the Administrator and the concerns in the State or area of the State; ment with any Federal laboratory or any program managers for the SBIR program and ‘‘(III) whether the projected costs of the federally funded laboratory or research and STTR program at the National Science proposed activities are reasonable; development center as a condition of an Foundation, the Department of Defense, and ‘‘(IV) whether the proposal integrates and award.’’. any other Federal agency determined appro- coordinates the proposed activities with SEC. 111. NOTICE REQUIREMENT. priate by the Administrator shall jointly re- other State and local programs assisting (a) SBIR PROGRAM.—Section 9(g) of the view proposals submitted by applicants and small high-technology firms in the State; Small Business Act (15 U.S.C. 638(g)) is may make awards or enter into cooperative ‘‘(V) the manner in which the applicant amended— agreements under this subsection based on will measure the results of the activities to (1) in paragraph (10), by striking ‘‘and’’ at the factors for consideration set forth in sub- be conducted; and the end; paragraph (B), in order to enhance or develop ‘‘(VI) whether the proposal addresses the needs of small business concerns— (2) in paragraph (11), by striking the period in a State— ‘‘(aa) owned and controlled by women; at the end and inserting a semicolon; and ‘‘(i) technology research and development ‘‘(bb) that are socially and economically (3) by adding at the end the following: by small business concerns; disadvantaged small business concerns (as ‘‘(12) provide timely notice to the Adminis- ‘‘(ii) technology transfer from university defined in section 8(a)(4)(A)); trator of any case or controversy before any research to technology-based small business ‘‘(cc) that are HUBZone small business Federal judicial or administrative tribunal concerns; concerns; concerning the SBIR program of the Federal ‘‘(iii) technology deployment and diffusion ‘‘(dd) located in areas that have histori- agency; and’’. benefitting small business concerns; cally not participated in the SBIR and STTR (b) STTR PROGRAM.—Section 9(o) of the ‘‘(iv) the technological capabilities of Small Business Act (15 U.S.C. 638(o)) is programs; small business concerns through the estab- ‘‘(ee) owned and controlled by service-dis- amended— lishment or operation of consortia comprised abled veterans; (1) by striking paragraph (15); of entities, organizations, or individuals, in- ‘‘(ff) owned and controlled by Native Amer- (2) in paragraph (16), by striking the period cluding— icans; and at the end and inserting ‘‘; and’’; ‘‘(I) State and local development agencies ‘‘(gg) located in geographic areas with an (3) by redesignating paragraph (16) as para- and entities; unemployment rate that exceeds the na- graph (15); and ‘‘(II) representatives of technology-based tional unemployment rate, based on the (4) by adding at the end the following: small business concerns; most recently available monthly publica- ‘‘(16) provide timely notice to the Adminis- ‘‘(III) industries and emerging companies; tions of the Bureau of Labor Statistics of the trator of any case or controversy before any ‘‘(IV) universities; and Department of Labor. Federal judicial or administrative tribunal ‘‘(V) small business development centers; ‘‘(C) PROPOSAL LIMIT.—Not more than 1 concerning the STTR program of the Federal and proposal may be submitted for inclusion in agency.’’. ‘‘(v) outreach, financial support, and tech- the FAST program under this subsection to SEC. 112. EXPRESS AUTHORITY FOR AN AGENCY nical assistance to technology-based small provide services in any one State in any 1 TO AWARD SEQUENTIAL PHASE II business concerns participating in or inter- fiscal year. AWARDS FOR SBIR OR STTR FUNDED ested in participating in an SBIR program or PROJECTS. ‘‘(D) PROCESS.—Proposals and applications STTR program, including initiatives— for assistance under this subsection shall be Section 9 of the Small Business Act (15 ‘‘(I) to make grants or loans to companies U.S.C. 638), as amended by this Act, is in such form and subject to such procedures to pay a portion or all of the cost of devel- as the Administrator shall establish. The Ad- amended by adding at the end the following: oping SBIR or STTR proposals; ministrator shall promulgate regulations es- ‘‘(ee) ADDITIONAL PHASE II SBIR AND STTR ‘‘(II) to establish or operate a Mentoring tablishing standards for the consideration of AWARDS.—A small business concern that re- Network within the FAST program to pro- ceives a Phase II SBIR award or a Phase II proposals under subparagraph (B), including vide business advice and counseling that will standards regarding each of the consider- STTR award for a project remains eligible to assist small business concerns that have ations identified in subparagraph (B)(ii). receive an additional Phase II SBIR award or been identified by FAST program partici- ‘‘(4) COOPERATION AND COORDINATION.—In Phase II STTR award for that project.’’. pants, program managers of participating carrying out the FAST program, the Admin- TITLE II—OUTREACH AND SBIR agencies, the Administration, or other istrator shall cooperate and coordinate COMMERCIALIZATION INITIATIVES entities that are knowledgeable about the with— SEC. 201. RURAL AND STATE OUTREACH. SBIR and STTR programs as good candidates ‘‘(A) Federal agencies required by this sec- (a) IN GENERAL.—Section 9 of the Small for the SBIR and STTR programs, and that tion to have an SBIR program; and Business Act (15 U.S.C. 638) is amended by in- would benefit from mentoring, in accordance ‘‘(B) entities, organizations, and individ- serting after subsection (r) the following: with section 34; uals actively engaged in enhancing or devel- ‘‘(s) FEDERAL AND STATE TECHNOLOGY ‘‘(III) to create or participate in a training oping the technological capabilities of small PARTNERSHIP PROGRAM.— program for individuals providing SBIR or business concerns, including— ‘‘(1) DEFINITIONS.—In this subsection, the STTR outreach and assistance at the State ‘‘(i) State and local development agencies following definitions apply: and local levels; and and entities; ‘‘(A) APPLICANT.—The term ‘applicant’ ‘‘(IV) to encourage the commercialization ‘‘(ii) State committees established under means an entity, organization, or individual of technology developed through funding the Experimental Program to Stimulate that submits a proposal for an award or a co- under the SBIR program or the STTR pro- Competitive Research of the National operative agreement under this subsection. gram. Science Foundation (as established under ‘‘(B) FAST PROGRAM.—The term ‘FAST pro- ‘‘(B) SELECTION CONSIDERATIONS.—In mak- section 113 of the National Science Founda- gram’ means the Federal and State Tech- ing awards or entering into cooperative tion Authorization Act of 1988 (42 U.S.C. nology Partnership Program established agreements under this subsection, the Ad- 1862g)); under this subsection. ministrator and the program managers re- ‘‘(iii) State science and technology coun- ‘‘(C) RECIPIENT.—The term ‘recipient’ ferred to in subparagraph (A)— cils; and means a person that receives an award or be- ‘‘(i) may only consider proposals by appli- ‘‘(iv) representatives of technology-based comes party to a cooperative agreement cants that intend to use a portion of the Fed- small business concerns. under this subsection. eral assistance provided under this sub- ‘‘(5) ADMINISTRATIVE REQUIREMENTS.— ‘‘(D) STATE.—The term ‘State’ means each section to provide outreach, financial sup- ‘‘(A) COMPETITIVE BASIS.—Awards and co- of the several States, the District of Colum- port, or technical assistance to technology- operative agreements under this subsection bia, the Commonwealth of Puerto Rico, the based small business concerns participating shall be made or entered into, as applicable, Virgin Islands, Guam, and American Samoa. in or interested in participating in the SBIR on a competitive basis. ‘‘(E) DEFINITIONS RELATING TO MENTORING program or STTR program; and ‘‘(B) MATCHING REQUIREMENTS.— NETWORKS.—The terms ‘business advice and ‘‘(ii) shall consider, at a minimum— ‘‘(i) IN GENERAL.—The non-Federal share of counseling’, ‘mentor’, and ‘mentoring net- ‘‘(I) whether the applicant has dem- the cost of an activity (other than a plan- work’ have the meanings given those terms onstrated that the assistance to be provided ning activity) carried out using an award or in section 34(e). would address unmet needs of small business under a cooperative agreement under this ‘‘(2) ESTABLISHMENT OF PROGRAM.—The Ad- concerns in the community, and whether it subsection shall be— ministrator shall establish a program to be is important to use Federal funding for the ‘‘(I) except as provided in clause (iii), 35 known as the Federal and State Technology proposed activities; cents for each Federal dollar, in the case of

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11004 CONGRESSIONAL RECORD — SENATE December 22, 2010 a recipient that will serve small business ‘‘(C) the Mentoring Networks and the men- SEC. 202. SBIR–STEM WORKFORCE DEVELOP- concerns located in 1 of the 18 States receiv- toring database, as provided for under sec- MENT GRANT PILOT PROGRAM. ing the fewest Phase I SBIR awards; tion 34, including— (a) PILOT PROGRAM ESTABLISHED.—From ‘‘(II) except as provided in clause (ii) or ‘‘(i) the status of the inclusion of men- amounts made available to carry out this (iii), 1 dollar for each Federal dollar, in the toring information in the database required section, the Administrator shall establish a case of a recipient that will serve small busi- by subsection (k); and SBIR–STEM Workforce Development Grant ness concerns located in 1 of the 16 States re- ‘‘(ii) the status of the implementation and Pilot Program to encourage the business ceiving the greatest number of Phase I SBIR description of the usage of the Mentoring community to provide workforce develop- awards; and Networks. ment opportunities for college students, in ‘‘(III) except as provided in clause (ii) or ‘‘(7) PROGRAM LEVELS.— the fields of science, technology, engineer- (iii), 50 cents for each Federal dollar, in the ‘‘(A) IN GENERAL.—There is authorized to ing, and math (in this section referred to as case of a recipient that will serve small busi- be appropriated to carry out the FAST pro- ‘‘STEM college students’’), particularly ness concerns located in a State that is not gram, including Mentoring Networks, under those that are socially and economically dis- described in subclause (I) or (II) that is re- this subsection and section 34, $15,000,000 for advantaged individuals, from rural areas, or ceiving Phase I SBIR awards. each of fiscal years 2010 through 2014. from areas with high unemployment, as de- ‘‘(ii) LOW-INCOME AREAS.—The non-Federal termined by the Administrator, by providing ‘‘(B) MENTORING DATABASE.—Of the total share of the cost of the activity carried out a SBIR bonus grant. using an award or under a cooperative agree- amount made available under subparagraph (A) for fiscal years 2010 through 2014, a rea- (b) ELIGIBLE ENTITIES DEFINED.—In this ment under this subsection shall be 35 cents section the term ‘‘eligible entity’’ means a sonable amount, not to exceed a total of for each Federal dollar that will be directly grantee receiving a grant under the SBIR $500,000, may be used by the Administration allocated by a recipient described in clause Program on the date of the bonus grant to carry out section 34(d). (i) to serve small business concerns located under subsection (a) that provides an intern- ‘‘(8) TERMINATION.—The authority to carry in a qualified census tract, as that term is ship program for STEM college students. out the FAST program under this subsection defined in section 42(d)(5)(B)(ii)(I) of the In- (c) AWARDS.—An eligible entity shall re- shall terminate on September 30, 2014.’’. ternal Revenue Code of 1986. Federal dollars ceive a bonus grant equal to 10 percent of ei- not so allocated by that recipient shall be (b) TECHNICAL AND CONFORMING AMEND- ther a Phase I or Phase II grant, as applica- subject to the matching requirements of MENTS.—The Small Business Act (15 U.S.C. ble, with a total award maximum of not clause (i). 631 et seq.) is amended— more than $10,000 per year. ‘‘(iii) RURAL AREAS.— (1) by striking section 34 (15 U.S.C. 657d); (d) EVALUATION.—Following the fourth ‘‘(I) IN GENERAL.—Except as provided in (2) by redesignating sections 35 through 43 year of funding under this section, the Ad- subclause (II), the non-Federal share of the as sections 34 through 42, respectively; ministrator shall submit to Congress as part cost of the activity carried out using an (3) in section 9(k)(1)(D) (15 U.S.C. of the report under section 9(b)(7) of the award or under a cooperative agreement 638(k)(1)(D)), by striking ‘‘section 35(d)’’ and Small Business Act (15 U.S.C. 638(b)(7)) the under this subsection shall be 35 cents for inserting ‘‘section 34(d)’’; results of the SBIR–STEM Workforce Devel- each Federal dollar that will be directly allo- opment Grant Pilot Program. cated by a recipient described in clause (i) to (4) in section 34 (15 U.S.C. 657e), as so redes- (e) AUTHORIZATION OF APPROPRIATIONS.— serve small business concerns located in a ignated— There are authorized to be appropriated to rural area. (A) in subsection (c)(1), by striking ‘‘sec- carry out this section— ‘‘(II) ENHANCED RURAL AWARDS.—For a re- tion 34(c)(1)(E)(ii)’’ and inserting ‘‘section (1) $1,000,000 for fiscal year 2011; cipient located in a rural area that is located 9(s)(3)(A)(v)(II)’’; in a State described in clause (i)(I), the non- (B) by striking ‘‘section 34’’ each place it (2) $1,000,000 for fiscal year 2012; Federal share of the cost of the activity car- appears and inserting ‘‘section 9(s)’’; and (3) $1,000,000 for fiscal year 2013; ried out using an award or under a coopera- (C) by adding at the end the following: (4) $1,000,000 for fiscal year 2014; and (5) $1,000,000 for fiscal year 2015. tive agreement under this subsection shall ‘‘(e) DEFINITIONS.—In this section, the fol- be 15 cents for each Federal dollar that will lowing definitions apply: SEC. 203. TECHNICAL ASSISTANCE FOR AWARD- EES. be directly allocated by a recipient described ‘‘(1) BUSINESS ADVICE AND COUNSELING.— Section 9(q) of the Small Business Act (15 in clause (i) to serve small business concerns The term ‘business advice and counseling’ U.S.C. 638(q)) is amended— located in the rural area. means providing advice and assistance on (1) in paragraph (1)— ‘‘(III) DEFINITION OF RURAL AREA.—In this matters described in subsection (c)(2)(B) to (A) by inserting ‘‘or STTR program’’ after clause, the term ‘rural area’ has the meaning small business concerns to guide them ‘‘SBIR program’’; and given that term in section 1393(a)(2) of the through the SBIR and STTR program proc- Internal Revenue Code of 1986. (B) by striking ‘‘SBIR projects’’ and insert- ess, from application to award and successful ‘‘(iv) TYPES OF FUNDING.—The non-Federal ing ‘‘SBIR or STTR projects’’; completion of each phase of the program. share of the cost of an activity carried out (2) in paragraph (2), by striking ‘‘3 years’’ ‘‘(2) FAST PROGRAM.—The term ‘FAST pro- by a recipient shall be comprised of not less and inserting ‘‘5 years’’; and gram’ means the Federal and State Tech- than 50 percent cash and not more than 50 (3) in paragraph (3)— nology Partnership Program established percent of indirect costs and in-kind con- (A) in subparagraph (A)— tributions, except that no such costs or con- under section 9(s). (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; tributions may be derived from funds from ‘‘(3) MENTOR.—The term ‘mentor’ means an and any other Federal program. individual described in subsection (c)(2). (ii) by striking ‘‘$4,000’’ and inserting ‘‘(v) RANKINGS.—For the first full fiscal ‘‘(4) MENTORING NETWORK.—The term ‘Men- ‘‘$5,000’’; year after the date of enactment of the toring Network’ means an association, orga- (B) by striking subparagraph (B) and in- SBIR/STTR Reauthorization Act of 2010, and nization, coalition, or other entity (includ- serting the following: each fiscal year thereafter, based on the sta- ing an individual) that meets the require- ‘‘(B) PHASE II.—A Federal agency described tistics for the most recent full fiscal year for ments of subsection (c). in paragraph (1) may— which the Administrator has compiled sta- ‘‘(5) RECIPIENT.—The term ‘recipient’ ‘‘(i) provide to the recipient of a Phase II tistics, the Administrator shall reevaluate means a person that receives an award or be- SBIR or STTR award, through a vendor se- the ranking of each State for purposes of comes party to a cooperative agreement lected under paragraph (2), the services de- clause (i). under this section. scribed in paragraph (1), in an amount equal ‘‘(C) DURATION.—Awards may be made or ‘‘(6) SBIR PROGRAM.—The term ‘SBIR pro- to not more than $5,000 per year; or cooperative agreements entered into under gram’ has the same meaning as in section ‘‘(ii) authorize the recipient of a Phase II this subsection for multiple years, not to ex- 9(e)(4). SBIR or STTR award to purchase the serv- ceed 5 years in total. ‘‘(7) STATE.—The term ‘State’ means each ices described in paragraph (1), in an amount ‘‘(6) ANNUAL REPORTS.—The Administrator of the several States, the District of Colum- equal to not more than $5,000 per year, which shall submit an annual report to the Com- bia, the Commonwealth of Puerto Rico, the shall be in addition to the amount of the re- mittee on Small Business of the Senate and Virgin Islands, Guam, and American Samoa. cipient’s award.’’; and the Committee on Science and the Com- ‘‘(8) STTR PROGRAM.—The term ‘STTR pro- (C) by adding at the end the following: mittee on Small Business of the House of gram’ has the same meaning as in section ‘‘(C) FLEXIBILITY.—In carrying out sub- Representatives regarding— 9(e)(6).’’; paragraphs (A) and (B), each Federal agency ‘‘(A) the number and amount of awards (5) in section 36(d) (15 U.S.C. 657i(d)), as so shall provide the allowable amounts to a re- provided and cooperative agreements entered redesignated, by striking ‘‘section 43’’ and cipient that meets the eligibility require- into under the FAST program during the inserting ‘‘section 42’’; ments under the applicable subparagraph, if preceding year; (6) in section 39(d) (15 U.S.C. 657l(d)), as so the recipient requests to seek technical as- ‘‘(B) a list of recipients under this sub- redesignated, by striking ‘‘section 43’’ and sistance from an individual or entity other section, including their location and the ac- inserting ‘‘section 42’’; and than the vendor selected under paragraph (2) tivities being performed with the awards (7) in section 40(b) (15 U.S.C. 657m(b)), as so by the Federal agency. made or under the cooperative agreements redesignated, by striking ‘‘section 43’’ and ‘‘(D) LIMITATION.—A Federal agency may entered into; and inserting ‘‘section 42’’. not—

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11005 ‘‘(i) use the amounts authorized under sub- than 10 percent of the funds allocated to the ferred to in this section as the ‘NIH’) insti- paragraph (A) or (B) unless the vendor se- SBIR program and the STTR program of the tutes and centers for the purpose of improv- lected under paragraph (2) provides the tech- covered Federal agency— ing the management of the SBIR program nical assistance to the recipient; or ‘‘(A) for awards for technology develop- through data-driven assessment. ‘‘(ii) enter a contract with a vendor under ment, testing, and evaluation of SBIR and ‘‘(2) MEMBERSHIP.— paragraph (2) under which the amount pro- STTR Phase II technologies; or ‘‘(A) IN GENERAL.—The advisory board shall vided for technical assistance is based on ‘‘(B) to support the progress of research or consist of— total number of Phase I or Phase II awards.’’. research and development conducted under ‘‘(i) the Director of the NIH; SEC. 204. COMMERCIALIZATION READINESS PRO- the SBIR or STTR programs to Phase III. ‘‘(ii) the Director of the SBIR program of GRAM AT DEPARTMENT OF DE- ‘‘(2) APPLICATION BY FEDERAL AGENCY.— the NIH; FENSE. ‘‘(A) IN GENERAL.—A covered Federal agen- ‘‘(iii) senior NIH agency managers, se- (a) IN GENERAL.—Section 9(y) of the Small cy may not establish a pilot program unless lected by the Director of NIH; Business Act (15 U.S.C. 638(y)) is amended— the covered Federal agency makes a written ‘‘(iv) industry experts, selected by the (1) in the subsection heading, by striking application to the Administrator, not later Council of the National Academy of Sciences ‘‘PILOT’’ and inserting ‘‘READINESS’’; than 90 days before to the first day of the fis- in consultation with the Associate Adminis- (2) by striking ‘‘Pilot’’ each place that cal year in which the pilot program is to be trator for Technology of the Administration term appears and inserting ‘‘Readiness’’; established, that describes a compelling rea- and the Director of the Office of Science and (3) in paragraph (1)— son that additional investment in SBIR or Technology Policy; and (A) by inserting ‘‘or Small Business Tech- STTR technologies is necessary, including ‘‘(v) owners or operators of small business nology Transfer Program’’ after ‘‘Small unusually high regulatory, systems integra- concerns that have received an award under Business Innovation Research Program’’; tion, or other costs relating to development the SBIR program of the NIH, selected by and or manufacturing of identifiable, highly the Associate Administrator for Technology (B) by adding at the end the following: promising small business technologies or a of the Administration. ‘‘The authority to create and administer a class of such technologies expected to sub- ‘‘(B) NUMBER OF MEMBERS.—The total num- Commercialization Readiness Program under stantially advance the mission of the agen- ber of members selected under clauses (iii), this subsection may not be construed to cy. (iv), and (v) of subparagraph (A) shall not ex- eliminate or replace any other SBIR pro- ‘‘(B) DETERMINATION.—The Administrator ceed 10. gram or STTR program that enhances the shall— ‘‘(C) EQUAL REPRESENTATION.—The total insertion or transition of SBIR or STTR ‘‘(i) make a determination regarding an ap- number of members of the advisory board se- technologies, including any such program in plication submitted under subparagraph (A) lected under clauses (i), (ii), (iii), and (iv) of effect on the date of enactment of the Na- not later than 30 days before the first day of subparagraph (A) shall be equal to the num- tional Defense Authorization Act for Fiscal the fiscal year for which the application is ber of members of the advisory board se- Year 2006 (Public Law 109–163; 119 Stat. submitted; lected under subparagraph (A)(v). 3136).’’; ‘‘(ii) publish the determination in the Fed- ‘‘(b) ADDRESSING DATA GAPS.—In order to (4) in paragraph (2), by inserting ‘‘or Small eral Register; and enhance the evidence-base guiding SBIR pro- Business Technology Transfer Program’’ ‘‘(iii) make a copy of the determination gram decisions and changes, the Director of after ‘‘Small Business Innovation Research and any related materials available to the the SBIR program of the NIH shall address Program’’; Committee on Small Business and Entrepre- the gaps and deficiencies in the data collec- (5) by striking paragraphs (5) and (6); and neurship of the Senate and the Committee tion concerns identified in the 2007 report of (6) by inserting after paragraph (4) the fol- on Small Business of the House of Represent- the National Academies of Science entitled lowing: atives. ‘An Assessment of the Small Business Inno- ‘‘(5) INSERTION INCENTIVES.—For any con- ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The vation Research Program at the NIH’. tract with a value of not less than head of a covered Federal agency may not ‘‘(c) PILOT PROGRAM.— $100,000,000, the Secretary of Defense is au- make an award under a pilot program in ex- ‘‘(1) IN GENERAL.—The Director of the SBIR thorized to— cess of 3 times the dollar amounts generally program of the NIH may initiate a pilot pro- ‘‘(A) establish goals for the transition of established for Phase II awards under sub- gram, under a formal mechanism for design- Phase III technologies in subcontracting section (j)(2)(D) or (p)(2)(B)(ix). ing, implementing, and evaluating pilot programs, to spur innovation and to test new plans; and ‘‘(4) REGISTRATION.—Any applicant that re- ‘‘(B) require a prime contractor on such a ceives an award under a pilot program shall strategies that may enhance the develop- contract to report the number and dollar register with the Administrator in a registry ment of cures and therapies. amount of contracts entered into by that that is available to the public. ‘‘(2) CONSIDERATIONS.—The Director of the SBIR program of the NIH may consider con- prime contractor for Phase III SBIR or ‘‘(5) REPORT.—The head of each covered STTR projects. Federal agency shall include in the annual ducting a pilot program to include individ- ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY report of the covered Federal agency to the uals with successful SBIR program experi- INSERTION.—The Secretary of Defense shall— Administrator an analysis of the various ac- ence in study sections, hiring individuals ‘‘(A) set a goal to increase the number of tivities considered for inclusion in the pilot with small business development experience Phase II SBIR contracts and the number of program of the covered Federal agency and a for staff positions, separating the commer- Phase II STTR contracts awarded by that statement of the reasons why each activity cial and scientific review processes, and ex- Secretary that lead to technology transition considered was included or not included, as amining the impact of the trend toward larg- into programs of record or fielded systems; the case may be. er awards on the overall program. ‘‘(d) REPORT TO CONGRESS.—The Director of ‘‘(B) use incentives in effect on the date of ‘‘(6) TERMINATION.—The authority to estab- the NIH shall submit an annual report to enactment of the SBIR/STTR Reauthoriza- lish a pilot program under this section ex- Congress and the advisory board on the action Act of 2010, or create new incentives, to pires at the end of fiscal year 2014. tivities of the SBIR program of the NIH encourage agency program managers and ‘‘(7) DEFINITIONS.—In this subsection— under this section. prime contractors to meet the goal under ‘‘(A) the term ‘covered Federal agency’— subparagraph (A); and ‘‘(e) SBIR GRANTS AND CONTRACTS.— ‘‘(i) means a Federal agency participating ‘‘(1) IN GENERAL.—In awarding grants and ‘‘(C) include in the annual report to Con- in the SBIR program or the STTR program; gress the percentage of contracts described contracts under the SBIR program of the and NIH each SBIR program manager shall em- in subparagraph (A) awarded by that Sec- ‘‘(ii) does not include the Department of retary, and information on the ongoing sta- phasize applications that identify products, Defense; and processes, technologies, and services that tus of projects funded through the Commer- ‘‘(B) the term ‘pilot program’ means the cialization Readiness Program and efforts to may enhance the development of cures and program established under paragraph (1).’’. therapies. transition these technologies into programs SEC. 206. ACCELERATING CURES. of record or fielded systems.’’. ‘‘(2) EXAMINATION OF COMMERCIALIZATION (a) IN GENERAL.—The Small Business Act (b) TECHNICAL AND CONFORMING AMEND- AND OTHER METRICS.—The advisory board (15 U.S.C. 631 et seq.) is amended by inserting MENT.—Section 9(i)(1) of the Small Business shall evaluate the implementation of the re- after section 42, as redesignated by section Act (15 U.S.C. 638(i)(1)) is amended by insert- quirement under paragraph (1) by examining ing ‘‘(including awards under subsection 201 of this Act, the following: increased commercialization and other (y))’’ after ‘‘the number of awards’’. ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- metrics, to be determined and collected by SEARCH PROGRAM. SEC. 205. COMMERCIALIZATION READINESS the SBIR program of the NIH. PILOT PROGRAM FOR CIVILIAN ‘‘(a) NIH CURES PILOT.— ‘‘(3) PHASE I AND II.—To the greatest extent AGENCIES. ‘‘(1) ESTABLISHMENT.—An independent ad- practicable, the Director of the SBIR pro- Section 9 of the Small Business Act (15 visory board shall be established at the Na- gram of the NIH shall reduce the time period U.S.C. 638), as amended by this Act, is tional Academy of Sciences (in this section between Phase I and Phase II funding of amended by adding at the end the following: referred to as the ‘advisory board’) to con- grants and contracts under the SBIR pro- ‘‘(ff) PILOT PROGRAM.— duct periodic evaluations of the SBIR program of the NIH to 90 days. ‘‘(1) AUTHORIZATION.—The head of each cov- gram (as that term is defined in section 9) of ‘‘(f) LIMIT.—Not more than a total of 1 per- ered Federal agency may allocate not more each of the National Institutes of Health (recent of the extramural budget (as defined in

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11006 CONGRESSIONAL RECORD — SENATE December 22, 2010 section 9 of the Small Business Act (15 U.S.C. (iii) by adding at the end the following: (ii) in paragraph (3)— 638)) of the NIH for research or research and ‘‘(11) the term ‘Phase I’ means— (I) by striking ‘‘the first phase (as de- development may be used for the pilot pro- ‘‘(A) with respect to the SBIR program, the scribed in subsection (e)(6)(A))’’ and insert- gram under subsection (c) and to carry out first phase described in paragraph (4)(A); and ing ‘‘Phase I’’; subsection (e).’’. ‘‘(B) with respect to the STTR program, (II) by striking ‘‘the second phase (as de- (b) PROSPECTIVE REPEAL.—Effective 5 years the first phase described in paragraph (6)(A); scribed in subsection (e)(6)(B))’’ and insert- after the date of enactment of this Act, the ‘‘(12) the term ‘Phase II’ means— ing ‘‘Phase II’’; and Small Business Act (15 U.S.C. 631 et seq.) is ‘‘(A) with respect to the SBIR program, the (III) by striking ‘‘the third phase (as de- amended— second phase described in paragraph (4)(B); scribed in subsection (e)(6)(A))’’ and insert- (1) by striking section 43, as added by sub- and ing ‘‘Phase III’’; section (a); and ‘‘(B) with respect to the STTR program, (G) in subsection (q)(3)— (2) by redesignating sections 44 and 45 as the second phase described in paragraph (i) in subparagraph (A)— sections 43 and 44, respectively. (6)(B); and (I) in the subparagraph heading, by strik- SEC. 207. FEDERAL AGENCY ENGAGEMENT WITH ‘‘(13) the term ‘Phase III’ means— ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; SBIR AND STTR AWARDEES THAT ‘‘(A) with respect to the SBIR program, the and HAVE BEEN AWARDED MULTIPLE third phase described in paragraph (4)(C); and (II) by striking ‘‘first phase’’ and inserting PHASE I AWARDS BUT HAVE NOT ‘‘(B) with respect to the STTR program, ‘‘Phase I’’; and BEEN AWARDED PHASE II AWARDS. the third phase described in paragraph (ii) in subparagraph (B)— Section 9 of the Small Business Act (15 (6)(C).’’; (I) in the subparagraph heading, by strik- U.S.C. 638), as amended by this Act, is (B) in subsection (j)— ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE amended by adding at the end the following: (i) in paragraph (1)(B), by striking ‘‘phase II’’; and ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL two’’ and inserting ‘‘Phase II’’; (II) by striking ‘‘second phase’’ and insert- AGENCY ENGAGEMENT WITH CERTAIN PHASE I (ii) in paragraph (2)— ing ‘‘Phase II’’; SBIR AND STTR AWARDEES.— (I) in subparagraph (B)— (H) in subsection (r)— ‘‘(1) DEFINITION.—In this subsection, the (aa) by striking ‘‘the third phase’’ each (i) in the subsection heading, by striking term ‘covered awardee’ means a small busi- place it appears and inserting ‘‘Phase III’’; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; ness concern that— and (ii) in paragraph (1)— ‘‘(A) has received multiple Phase I awards (bb) by striking ‘‘the second phase’’ and in- (I) in the first sentence— over multiple years, as determined by the serting ‘‘Phase II’’; (aa) by striking ‘‘for the second phase’’ and head of a Federal agency, under the SBIR (II) in subparagraph (D)— inserting ‘‘for Phase II’’; program or the STTR program of the Federal (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- agency; and serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and ‘‘(B) has not received a Phase II award— (bb) by striking ‘‘the second phase’’ and in- (cc) by striking ‘‘second phase period’’ and ‘‘(i) under the SBIR program or STTR pro- serting ‘‘Phase II’’; inserting ‘‘Phase II period’’; and gram, as the case may be, of the Federal (III) in subparagraph (F), by striking ‘‘the (II) in the second sentence— agency described in subparagraph (A); or third phase’’ and inserting ‘‘Phase III’’; (aa) by striking ‘‘second phase’’ and insert- ‘‘(ii) relating to a Phase I award described (IV) in subparagraph (G)— ing ‘‘Phase II’’; and in subparagraph (A) under the SBIR program (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- or the STTR program of another Federal serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and agency. (bb) by striking ‘‘the second phase’’ and in- (iii) in paragraph (2), by striking ‘‘third ‘‘(2) PERFORMANCE MEASURES.—The head of serting ‘‘Phase II’’; and phase’’ and inserting ‘‘Phase III’’; and each Federal agency that participates in the (V) in subparagraph (H)— (I) in subsection (u)(2)(B), by striking ‘‘the SBIR program or the STTR program shall (aa) by striking ‘‘the first phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; and develop performance measures for any cov- serting ‘‘Phase I’’; (2) in section 34(c)(2)(B)(vii) (15 U.S.C. ered awardee relating to commercializing re- (bb) by striking ‘‘second phase’’ each place 657e(c)(2)(B)(vii)), as redesignated by section search or research and development activi- it appears and inserting ‘‘Phase II’’; and 201 of this Act, by striking ‘‘third phase’’ and ties under the SBIR program or the STTR (cc) by striking ‘‘third phase’’ and insert- inserting ‘‘Phase III’’. program of the Federal agency.’’. ing ‘‘Phase III’’; and SEC. 209. SHORTENED PERIOD FOR FINAL DECI- SEC. 208. CLARIFYING THE DEFINITION OF (iii) in paragraph (3)— SIONS ON PROPOSALS AND APPLICA- ‘‘PHASE III’’. (I) in subparagraph (A)— TIONS. (a) PHASE III AWARDS.—Section 9(e) of the (aa) by striking ‘‘the first phase (as de- (a) IN GENERAL.—Section 9 of the Small Small Business Act (15 U.S.C. 638(e)) is scribed in subsection (e)(4)(A))’’ and insert- Business Act (15 U.S.C. 638) is amended— amended— ing ‘‘Phase I’’; (1) in subsection (g)(4)— (1) in paragraph (4)(C), in the matter pre- (bb) by striking ‘‘the second phase (as de- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; ceding clause (i), by inserting ‘‘for work that scribed in subsection (e)(4)(B))’’ and insert- (B) by adding ‘‘and’’ after the semicolon at derives from, extends, or completes efforts ing ‘‘Phase II’’; and the end; and made under prior funding agreements under (cc) by striking ‘‘the third phase (as de- (C) by adding at the end the following: the SBIR program’’ after ‘‘phase’’; scribed in subsection (e)(4)(C))’’ and inserting ‘‘(B) make a final decision on each pro- (2) in paragraph (6)(C), in the matter pre- ‘‘Phase III’’; and posal submitted under the SBIR program— ceding clause (i), by inserting ‘‘for work that (II) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on derives from, extends, or completes efforts ond phase’’ and inserting ‘‘Phase II’’; which the solicitation closes; or made under prior funding agreements under (C) in subsection (k)— ‘‘(ii) if the Administrator authorizes an ex- the STTR program’’ after ‘‘phase’’; (i) by striking ‘‘first phase’’ each place it tension for a solicitation, not later than 180 (3) in paragraph (8), by striking ‘‘and’’ at appears and inserting ‘‘Phase I’’; and days after the date on which the solicitation the end; (ii) by striking ‘‘second phase’’ each place closes;’’; and (4) in paragraph (9), by striking the period it appears and inserting ‘‘Phase II’’; (2) in subsection (o)(4)— at the end and inserting a semicolon; and (D) in subsection (l)(2)— (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; (5) by adding at the end the following: (i) by striking ‘‘the first phase’’ and insert- (B) by adding ‘‘and’’ after the semicolon at ‘‘(10) the term ‘commercialization’ ing ‘‘Phase I’’; and the end; and means— (ii) by striking ‘‘the second phase’’ and in- (C) by adding at the end the following: ‘‘(A) the process of developing products, serting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- processes, technologies, or services; and (E) in subsection (o)(13)— posal submitted under the STTR program— ‘‘(B) the production and delivery of prod- (i) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on ucts, processes, technologies, or services for ond phase’’ and inserting ‘‘Phase II’’; and which the solicitation closes; or sale (whether by the originating party or by (ii) in subparagraph (C), by striking ‘‘third ‘‘(ii) if the Administrator authorizes an ex- others) to or use by the Federal Government phase’’ and inserting ‘‘Phase III’’; tension for a solicitation, not later than 180 or commercial markets;’’. (F) in subsection (p)— days after the date on which the solicitation (b) TECHNICAL AND CONFORMING AMEND- (i) in paragraph (2)(B)— closes;’’. MENTS.—The Small Business Act (15 U.S.C. (I) in clause (vi)— (b) NIH PEER REVIEW PROCESS.— 631 et seq.) is amended— (aa) by striking ‘‘the second phase’’ and in- (1) IN GENERAL.—Section 9 of the Small (1) in section 9 (15 U.S.C. 638)— serting ‘‘Phase II’’; and Business Act (15 U.S.C. 638), as amended by (A) in subsection (e)— (bb) by striking ‘‘the third phase’’ and in- this Act, is amended by adding at the end (i) in paragraph (4)(C)(ii), by striking ‘‘sci- serting ‘‘Phase III’’; and the following: entific review criteria’’ and inserting (II) in clause (ix)— ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- ‘‘merit-based selection procedures’’; (aa) by striking ‘‘the first phase’’ and in- rector of the National Institutes of Health (ii) in paragraph (9), by striking ‘‘the sec- serting ‘‘Phase I’’; and may make an award under the SBIR program ond or the third phase’’ and inserting ‘‘Phase (bb) by striking ‘‘the second phase’’ and in- or the STTR program of the National Insti- II or Phase III’’; and serting ‘‘Phase II’’; and tutes of Health if the application for the

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.056 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11007 award has undergone technical and scientific including information necessary to maintain term is defined in section 101 of the Higher peer review under section 492 of the Public the database described in subsection (k), in- Education Act of 1965 (20 U.S.C. 1001); or Health Service Act (42 U.S.C. 289a).’’. cluding— ‘‘(vii) is located in a State in which the (2) TECHNICAL AND CONFORMING AMEND- ‘‘(A) whether an awardee— total value of contracts awarded to small MENTS.—Section 105 of the National Insti- ‘‘(i) has venture capital or is majority- business concerns under all STTR programs tutes of Health Reform Act of 2006 (42 U.S.C. owned and controlled by multiple venture is less than the total value of contracts 284n) is amended— capital operating companies, and, if so— awarded to small business concerns in a ma- (A) in subsection (a)(3)— ‘‘(I) the amount of venture capital that the jority of other States, as determined by the (i) by striking ‘‘A grant’’ and inserting awardee has received as of the date of the Administrator in biennial fiscal years, begin- ‘‘Except as provided in section 9(hh) of the award; and ning with fiscal year 2008, based on the most Small Business Act (15 U.S.C. 638(hh)), a ‘‘(II) the amount of additional capital that recent statistics compiled by the Adminis- grant’’; and the awardee has invested in the SBIR tech- trator; and (ii) by striking ‘‘section 402(k)’’ and all nology; ‘‘(B) if an awardee receives an award in an that follows through ‘‘Act)’’ and inserting ‘‘(ii) has an investor that— amount that is more than the award guide- ‘‘section 402(l) of such Act’’; and ‘‘(I) is an individual who is not a citizen of lines under this section, a statement from (B) in subsection (b)(5)— the United States or a lawful permanent the agency that justifies the award (i) by striking ‘‘A grant’’ and inserting resident of the United States, and if so, the amount;’’. ‘‘Except as provided in section 9(hh) of the name of any such individual; or SEC. 304. PUBLIC DATABASE. Small Business Act (15 U.S.C. 638(hh)), a ‘‘(II) is a person that is not an individual Section 9(k)(1) of the Small Business Act grant’’; and and is not organized under the laws of a (15 U.S.C. 638(k)(1)) is amended— (ii) by striking ‘‘section 402(k)’’ and all State or the United States, and if so the (1) in subparagraph (D), by striking ‘‘and’’ that follows through ‘‘Act)’’ and inserting name of any such person; at the end; ‘‘section 402(l) of such Act’’. ‘‘(iii) is owned by a woman or has a woman (2) in subparagraph (E), by striking the pe- as a principal investigator; riod at the end and inserting ‘‘; and’’; and TITLE III—OVERSIGHT AND EVALUATION ‘‘(iv) is owned by a socially or economi- (3) by adding at the end the following: SEC. 301. STREAMLINING ANNUAL EVALUATION cally disadvantaged individual or has a so- ‘‘(F) for each small business concern that REQUIREMENTS. cially or economically disadvantaged indi- has received a Phase I or Phase II SBIR or Section 9(b) of the Small Business Act (15 vidual as a principal investigator; STTR award from a Federal agency, whether U.S.C. 638(b)), as amended by section 102 of ‘‘(v) received assistance under the FAST the small business concern— this Act, is amended— program under section 34, as in effect on the ‘‘(i) has venture capital and, if so, whether (1) in paragraph (7)— day before the date of enactment of the the small business concern is registered as (A) by striking ‘‘STTR programs, including SBIR/STTR Reauthorization Act of 2010, or majority-owned and controlled by multiple the data’’ and inserting the following: the outreach program under subsection (s); venture capital operating companies as re- ‘‘STTR programs, including— ‘‘(vi) is a faculty member or a student of quired under subsection (cc)(4); ‘‘(A) the data’’; an institution of higher education, as that ‘‘(ii) is owned by a woman or has a woman (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), term is defined in section 101 of the Higher as a principal investigator; the number’’ and all that follows through Education Act of 1965 (20 U.S.C. 1001); or ‘‘(iii) is owned by a socially or economi- ‘‘under each of the SBIR and STTR pro- ‘‘(vii) is located in a State described in cally disadvantaged individual or has a so- grams, and a description’’ and inserting the subsection (u)(3); and cially or economically disadvantaged indi- following: ‘‘(g)(8) and (o)(9); and ‘‘(B) a justification statement from the vidual as a principal investigator; ‘‘(B) the number of proposals received agency, if an awardee receives an award in ‘‘(iv) received assistance under the FAST from, and the number and total amount of an amount that is more than the award program under section 34, as in effect on the awards to, HUBZone small business concerns guidelines under this section;’’. day before the date of enactment of the and firms with venture capital investment SEC. 303. DATA COLLECTION FROM AGENCIES SBIR/STTR Reauthorization Act of 2010, or (including those majority-owned and con- FOR STTR. the outreach program under subsection (s); trolled by multiple venture capital operating Section 9(o) of the Small Business Act (15 or companies) under each of the SBIR and U.S.C. 638(o)) is amended by striking para- ‘‘(v) is owned by a faculty member or a stu- STTR programs; graph (9) and inserting the following: dent of an institution of higher education, as ‘‘(C) a description of the extent to which ‘‘(9) collect annually, and maintain in a that term is defined in section 101 of the each Federal agency is increasing outreach common format in accordance with the sim- Higher Education Act of 1965 (20 U.S.C. and awards to firms owned and controlled by plified reporting requirements under sub- 1001).’’. women and social or economically disadvan- section (v), such information from applicants SEC. 305. GOVERNMENT DATABASE. taged individuals under each of the SBIR and and awardees as is necessary to assess the Section 9(k) of the Small Business Act (15 STTR programs; STTR program outputs and outcomes, in- U.S.C. 638(k)) is amended— ‘‘(D) general information about the imple- cluding information necessary to maintain (1) in paragraph (2)— mentation of, and compliance with the allo- the database described in subsection (k), in- (A) in the matter preceding subparagraph cation of funds required under, subsection cluding— (A), by striking ‘‘Not later’’ and all that fol- (cc) for firms owned in majority part by ven- ‘‘(A) whether an applicant or awardee— lows through ‘‘Act of 2000’’ and inserting ture capital operating companies and par- ‘‘(i) has venture capital or is majority- ‘‘Not later than 90 days after the date of en- ticipating in the SBIR program; owned and controlled by multiple venture actment of the SBIR/STTR Reauthorization ‘‘(E) a detailed description of appeals of capital operating companies, and, if so— Act of 2010’’; Phase III awards and notices of noncompli- ‘‘(I) the amount of venture capital that the (B) by striking subparagraph (C); ance with the SBIR Policy Directive and the applicant or awardee has received as of the (C) by redesignating subparagraphs (A) and STTR Policy Directive filed by the Adminis- date of the application or award, as applica- (B) as subparagraphs (B) and (C), respec- trator with Federal agencies; and ble; and tively; ‘‘(F) a description’’; and ‘‘(II) the amount of additional capital that (D) by inserting before subparagraph (B), (2) by inserting after paragraph (7) the fol- the applicant or awardee has invested in the as so redesignated, the following: lowing: SBIR technology; ‘‘(A) contains, for each small business con- ‘‘(8) to coordinate the implementation of ‘‘(ii) has an investor that— cern that applies for, submits a proposal for, electronic databases at each of the Federal ‘‘(I) is an individual who is not a citizen of or receives an award under Phase I or Phase agencies participating in the SBIR program the United States or a lawful permanent II of the SBIR program or the STTR pro- or the STTR program, including the tech- resident of the United States, and if so, the gram— nical ability of the participating agencies to name of any such individual; or ‘‘(i) the name, size, and location, and an electronically share data;’’. ‘‘(II) is a person that is not an individual identifying number assigned by the Adminis- SEC. 302. DATA COLLECTION FROM AGENCIES and is not organized under the laws of a tration of the small business concern; FOR SBIR. State or the United States, and if so the ‘‘(ii) an abstract of the project; Section 9(g) of the Small Business Act (15 name of any such person; ‘‘(iii) the specific aims of the project; U.S.C. 638(g)) is amended— ‘‘(iii) is owned by a woman or has a woman ‘‘(iv) the number of employees of the small (1) by striking paragraph (10); as a principal investigator; business concern; (2) by redesignating paragraphs (8) and (9) ‘‘(iv) is owned by a socially or economi- ‘‘(v) the names of key individuals that will as paragraphs (9) and (10), respectively; and cally disadvantaged individual or has a so- carry out the project; (3) by inserting after paragraph (7) the fol- cially or economically disadvantaged indi- ‘‘(vi) the percentage of effort each indi- lowing: vidual as a principal investigator; vidual described in clause (iv) will contribute ‘‘(8) collect annually, and maintain in a ‘‘(v) received assistance under the FAST to the project; common format in accordance with the sim- program under section 34 or the outreach ‘‘(vii) whether the small business concern plified reporting requirements under sub- program under subsection (s); is majority-owned and controlled by mul- section (v), such information from awardees ‘‘(vi) is a faculty member or a student of tiple venture capital operating companies; as is necessary to assess the SBIR program, an institution of higher education, as that and

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‘‘(viii) the Federal agency to which the ap- (C) assess whether it would be more con- ‘‘(3) REPORTING.—An agreement under plication is made, and contact information sistent and effective to base the amount of paragraph (1) shall require that not later for the person or office within the Federal the allocations under the SBIR program and than 4 years after the date of enactment of agency that is responsible for reviewing ap- the STTR program on a percentage of the re- the SBIR/STTR Reauthorization Act of 2010, plications and making awards under the search and development budget of a Federal and every 4 years thereafter, the National SBIR program or the STTR program;’’; agency, rather than the extramural budget Research Council shall submit to the head of (E) by redesignating subparagraphs (D), of the Federal agency; and the agency entering into the agreement, the and (E) as subparagraphs (E) and (F), respec- (D) determine the portion of the extra- Committee on Small Business and Entrepre- tively; mural research or research and development neurship of the Senate, and the Committee (F) by inserting after subparagraph (C), as budget of a Federal agency that each Federal on Small Business of the House of Represent- so redesignated, the following: agency spends for administrative purposes atives a report regarding the study con- ‘‘(D) includes, for each awardee— relating to the SBIR program or STTR pro- ducted under paragraph (1) and containing ‘‘(i) the name, size, location, and any iden- gram, and for what specific purposes, includ- the recommendations described in paragraph tifying number assigned to the awardee by ing the portion, if any, of such budget the (1).’’. the Administrator; Federal agency spends for salaries and ex- SEC. 308. TECHNOLOGY INSERTION REPORTING ‘‘(ii) whether the awardee has venture cap- penses, travel to visit applicants, outreach REQUIREMENTS. ital, and, if so— events, marketing, and technical assistance; Section 9 of the Small Business Act (15 ‘‘(I) the amount of venture capital as of the and U.S.C. 638), as amended by this Act, is date of the award; (2) submit a report to the Committee on amended by adding at the end the following: ‘‘(II) the percentage of ownership of the Small Business and Entrepreneurship of the ‘‘(ii) PHASE III REPORTING.—The annual awardee held by a venture capital operating Senate and the Committee on Small Busi- SBIR or STTR report to Congress by the Ad- company, including whether the awardee is ness of the House of Representatives regard- ministration under subsection (b)(7) shall in- majority-owned and controlled by multiple ing the audit conducted under paragraph (1), clude, for each Phase III award made by the venture capital operating companies; and including the assessments required under Federal agency— ‘‘(III) the amount of additional capital that subparagraphs (B) and (C), and the deter- ‘‘(1) the name of the agency or component the awardee has invested in the SBIR tech- mination made under subparagraph (D) of of the agency or the non-Federal source of nology, which information shall be collected paragraph (1). capital making the Phase III award; on an annual basis; (b) DEFINITION OF APPLICABLE PERIOD.—In ‘‘(2) the name of the small business con- ‘‘(iii) the names and locations of any affili- this section, the term ‘‘applicable period’’ cern or individual receiving the Phase III ates of the awardee; means— award; and ‘‘(iv) the number of employees of the (1) for the first report submitted under this ‘‘(3) the dollar amount of the Phase III awardee; section, the period beginning on October 1, award.’’. 2004, and ending on September 30 of the last ‘‘(v) the number of employees of the affili- SEC. 309. INTELLECTUAL PROPERTY PROTEC- ates of the awardee; and full fiscal year before the date of enactment TIONS. ‘‘(vi) the names of, and the percentage of of this Act for which information is avail- (a) IN GENERAL.—The Comptroller General ownership of the awardee held by— able; and of the United States shall conduct a study of ‘‘(I) any individual who is not a citizen of (2) for the second and each subsequent re- the SBIR program to assess whether— the United States or a lawful permanent port submitted under this section, the pe- (1) Federal agencies comply with the data resident of the United States; or riod— rights protections for SBIR awardees and the ‘‘(II) any person that is not an individual (A) beginning on October 1 of the first fis- technologies of SBIR awardees under section and is not organized under the laws of a cal year after the end of the most recent full 9 of the Small Business Act (15 U.S.C. 638); State or the United States;’’; fiscal year relating to which a report under (2) the laws and policy directives intended (G) in subparagraph (E), as so redesignated, this section was submitted; and to clarify the scope of data rights, including by striking ‘‘and’’ at the end; (B) ending on September 30 of the last full in prototypes and mentor-prote´ge´ relation- (H) in subparagraph (F), as so redesignated, fiscal year before the date of the report. ships and agreements with Federal labora- by striking the period at the end and insert- SEC. 307. CONTINUED EVALUATION BY THE NA- tories, are sufficient to protect SBIR awarding ‘‘; and’’; and TIONAL ACADEMY OF SCIENCES. ees; and (I) by adding at the end the following: Section 108 of the Small Business Reau- (3) there is an effective grievance tracking ‘‘(G) includes a timely and accurate list of thorization Act of 2000 (15 U.S.C. 638 note) is process for SBIR awardees who have griev- amended by adding at the end the following: any individual or small business concern ances against a Federal agency regarding ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- that has participated in the SBIR program data rights and a process for resolving those THORITY.— or STTR program that has committed fraud, grievances. ‘‘(1) IN GENERAL.—Not later than 6 months waste, or abuse relating to the SBIR pro- (b) REPORT.—Not later than 18 months after the date of enactment of the SBIR/ gram or STTR program.’’; and after the date of enactment of this Act, the STTR Reauthorization Act of 2010, the head (2) in paragraph (3), by adding at the end Comptroller General shall submit to the of each agency described in subsection (a), in the following: Committee on Small Business and Entrepre- consultation with the Small Business Ad- ‘‘(C) GOVERNMENT DATABASE.—Not later neurship of the Senate and the Committee ministration, shall cooperatively enter into than 60 days after the date established by a on Small Business of the House of Represent- an agreement with the National Academy of Federal agency for submitting applications atives a report regarding the study con- Sciences for the National Research Council or proposals for a Phase I or Phase II award ducted under subsection (a). under the SBIR program or STTR program, to, not later than 4 years after the date of enactment of the SBIR/STTR Reauthoriza- SEC. 310. OBTAINING CONSENT FROM SBIR AND the head of the Federal agency shall submit STTR APPLICANTS TO RELEASE to the Administrator the data required under tion Act of 2010, and every 4 years there- CONTACT INFORMATION TO ECO- paragraph (2) with respect to each small after— NOMIC DEVELOPMENT ORGANIZA- business concern that applies or submits a ‘‘(A) continue the most recent study under TIONS. proposal for the Phase I or Phase II award.’’. this section relating to— Section 9 of the Small Business Act (15 SEC. 306. ACCURACY IN FUNDING BASE CALCULA- ‘‘(i) the issues described in subparagraphs U.S.C. 638), as amended by this Act, is TIONS. (A), (B), (C), and (E) of subsection (a)(1); and amended by adding at the end the following: (a) IN GENERAL.—Not later than 1 year ‘‘(ii) the effectiveness of the government ‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- after the date of enactment of this Act, and and public databases described in section MATION TO ORGANIZATIONS.— every year thereafter until the date that is 4 9(k) of the Small Business Act (15 U.S.C. ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— years after the date of enactment of this 638(k)) in reducing vulnerabilities of the Each Federal agency required by this section Act, the Comptroller General of the United SBIR program and the STTR program to to conduct an SBIR program or an STTR States shall— fraud, waste, and abuse, particularly with reprogram shall enable a small business con- (1) conduct a fiscal and management audit spect to Federal agencies funding duplicative cern that is an SBIR applicant or an STTR of the SBIR program and the STTR program proposals and business concerns falsifying applicant to indicate to the Federal agency for the applicable period to— information in proposals; whether the Federal agency has the consent (A) determine whether Federal agencies ‘‘(B) make recommendations with respect of the concern to— comply with the expenditure amount re- to the issues described in subparagraph ‘‘(A) identify the concern to appropriate quirements under subsections (f)(1) and (n)(1) (A)(ii) and subparagraphs (A), (D), and (E) of local and State-level economic development of section 9 of the Small Business Act (15 subsection (a)(2). organizations as an SBIR applicant or an U.S.C. 638), as amended by this Act; ‘‘(2) CONSULTATION.—An agreement under STTR applicant; and (B) assess the extent of compliance with paragraph (1) shall require the National Re- ‘‘(B) release the contact information of the the requirements of section 9(i)(2) of the search Council to ensure there is participa- concern to such organizations. Small Business Act (15 U.S.C. 638(i)(2)) by tion by and consultation with the small busi- ‘‘(2) RULES.—The Administrator shall es- Federal agencies participating in the SBIR ness community, the Administration, and tablish rules to implement this subsection. program or the STTR program and the Ad- other interested parties as described in sub- The rules shall include a requirement that a ministration; section (b). Federal agency include in the SBIR and

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STTR application a provision through which (A) in subsection (f)(2)(A), as so designated (2) FRAUD, WASTE, AND ABUSE PREVENTION the applicant can indicate consent for pur- by section 103(2) of this Act, by striking HOTLINE.— poses of paragraph (1).’’. ‘‘shall not’’ and all that follows through (A) HOTLINE ESTABLISHED.—The Adminis- SEC. 311. PILOT TO ALLOW FUNDING FOR ADMIN- ‘‘make available for the purpose’’ and insert- trator shall establish a telephone hotline ISTRATIVE, OVERSIGHT, AND CON- ing ‘‘shall not make available for the pur- that allows individuals to report fraud, TRACT PROCESSING COSTS. pose’’; and waste, and abuse in the SBIR program or (a) IN GENERAL.—Section 9 of the Small (B) in subsection (y), as amended by sec- STTR program. Business Act (15 U.S.C. 638), as amended by tion 204— (B) PUBLICATION.—The Administrator shall this Act, is amended by adding at the end (i) by striking paragraph (4); include the telephone number for the hotline the following: (ii) by redesignating paragraphs (5) and (6) established under subparagraph (A) on the ‘‘(kk) ASSISTANCE FOR ADMINISTRATIVE, as paragraphs (4) and (5), respectively. website of the Administration. OVERSIGHT, AND CONTRACT PROCESSING (2) TRANSITIONAL RULE.—Notwithstanding (b) STUDY AND REPORT.— COSTS.— the amendments made by paragraph (1), sub- (1) STUDY.—Not later than 1 year after the ‘‘(1) IN GENERAL.—Subject to paragraph (3), section (f)(2)(A) and (y)(4) of section 9 of the date of enactment of this Act, and every 3 the Administrator shall allow each Federal Small Business Act (15 U.S.C. 638), as in ef- years thereafter, the Comptroller General of agency required to conduct an SBIR program fect on the day before the date of enactment the United States shall— to use not more than 3 percent of the funds of this Act, shall continue to apply to each (A) conduct a study that evaluates— allocated to the SBIR program of the Fed- Federal agency until the effective date of the (i) the implementation by each Federal eral agency— ‘‘(A) for the first fiscal year beginning performance criteria established by the Ad- agency that participates in the SBIR pro- after the date of enactment of this sub- ministrator under subsection (kk)(3) of sec- gram or the STTR program of the amend- section, and each fiscal year thereafter tion 9 of the Small Business Act, as added by ments to the SBIR Policy Directive and the through fiscal year 2018, for costs relating to subsection (a). STTR Policy Directive made pursuant to administrative, oversight, and contract proc- SEC. 312. GAO STUDY WITH RESPECT TO VEN- subsection (a); essing activities for the SBIR program that TURE CAPITAL OPERATING COM- (ii) the effectiveness of the management the Federal agency was not carrying out dur- PANY INVOLVEMENT. information system of each Federal agency ing the last full fiscal year before the date of Not later than 3 years after the date of en- that participates in the SBIR program or enactment of this subsection, including ac- actment of this Act, and every 3 years there- STTR program in identifying duplicative tivities described in paragraph (2); and after, the Comptroller General of the United SBIR and STTR projects; ‘‘(B) for the first 3 fiscal years beginning States shall— (iii) the effectiveness of the risk manage- after the date of enactment of this sub- (1) conduct a study of the impact of re- ment strategies of each Federal agency that section, for— quirements relating to venture capital oper- participates in the SBIR program or STTR ‘‘(i) administration of the SBIR program or ating company involvement under section program in identifying areas of the SBIR the STTR program; 9(cc) of the Small Business Act, as added by program or the STTR program that are at ‘‘(ii) implementation of commercialization section 108 of this Act; and high risk for fraud; and outreach initiatives that were not in ef- (2) submit to Congress a report regarding (iv) technological tools that may be used fect on the date of enactment of this sub- the study conducted under paragraph (1). to detect patterns of behavior that may indi- section; SEC. 313. REDUCING VULNERABILITY OF SBIR cate fraud by applicants to the SBIR pro- ‘‘(iii) carrying out the program under sub- AND STTR PROGRAMS TO FRAUD, gram or the STTR program; section (y); WASTE, AND ABUSE. (v) the success of each Federal agency that ‘‘(iv) activities relating to oversight and (a) FRAUD, WASTE, AND ABUSE PREVEN- participates in the SBIR program or STTR congressional reporting, including the waste, TION.— program in reducing fraud, waste, and abuse fraud, and abuse prevention activities de- (1) GUIDELINES FOR FRAUD, WASTE, AND in the SBIR program or the STTR program scribed in section 313(a)(1)(B)(ii) of the SBIR/ ABUSE PREVENTION.— of the Federal agency; and STTR Reauthorization Act of 2010; (A) AMENDMENTS REQUIRED.—Not later (vi) the extent to which the Inspector Gen- ‘‘(v) carrying out subsection (cc); than 90 days after the date of enactment of eral of each Federal agency that participates ‘‘(vi) carrying out subsection (ff); this Act, the Administrator shall amend the in the SBIR program or STTR program effec- ‘‘(vii) contract processing costs relating to SBIR Policy Directive and the STTR Policy tively conducts investigations of individuals the SBIR program; and Directive to include measures to prevent alleged to have submitted false claims or ‘‘(viii) funding for additional personnel and fraud, waste, and abuse in the SBIR program violated Federal law relating to fraud, con- assistance with application reviews. and the STTR program. flicts of interest, bribery, gratuity, or other misconduct; and ‘‘(2) ACTIVITIES.—The activities described (B) CONTENT OF AMENDMENTS.—The amend- in this paragraph include— ments required under subparagraph (A) shall (B) submit to the Committee on Small ‘‘(A) the administration of the SBIR pro- include— Business and Entrepreneurship of the Sen- gram or the STTR program of a Federal (i) definitions or descriptions of fraud, ate, the Committee on Small Business of the agency; waste, and abuse; House of Representatives, and the head of ‘‘(B) the provision of outreach and tech- (ii) a requirement that the Inspectors Gen- each Federal agency that participates in the nical assistance relating to the SBIR pro- eral of each Federal agency that participates SBIR program or STTR program a report on gram of a Federal agency, including tech- in the SBIR program or the STTR program the results of the study conducted under sub- nical assistance site visits and personnel cooperate to— paragraph (A). interviews; (I) establish fraud detection indicators; SEC. 314. INTERAGENCY POLICY COMMITTEE. ‘‘(C) contract processing; (II) review regulations and operating pro- (a) ESTABLISHMENT.—The Director of the ‘‘(D) the implementation of oversight and cedures of the Federal agencies; Office of Science and Technology Policy (in quality control measures, including (III) coordinate information sharing be- this section referred to as the ‘‘Director’’), in verification of reports and invoices and cost tween the Federal agencies; and conjunction with the Administrator, shall reviews; and (IV) improve the education and training of, establish an Interagency SBIR/STTR Policy ‘‘(E) targeted reviews of recipients of and outreach to— Committee (in this section referred to as the awards under the SBIR program that the (aa) administrators of the SBIR program ‘‘Committee’’) comprised of 1 representative head of a Federal agency determines are at and the STTR program of each Federal agen- from each Federal agency with an SBIR pro- high risk for fraud, waste, or abuse, to en- cy; gram or an STTR program and 1 representa- sure compliance with requirements of the (bb) applicants to the SBIR program or the tive of the Office of Management and Budget. SBIR program. STTR program; and (b) COCHAIRPERSONS.—The Director and the ‘‘(3) PERFORMANCE CRITERIA.—A Federal (cc) recipients of awards under the SBIR Administrator shall serve as cochairpersons agency may not use funds as authorized program or the STTR program; of the Committee. under paragraph (1) until after the effective (iii) guidelines for the monitoring and (c) DUTIES.—The Committee shall review, date of performance criteria, which the Ad- oversight of applicants to and recipients of and make policy recommendations on ways ministrator shall establish, to measure any awards under the SBIR program or the STTR to improve the effectiveness and efficiency benefits of using funds as authorized under program; and of, the SBIR program and the STTR pro- paragraph (1) and to assess continuation of (iv) a requirement that each Federal agen- gram, including — the authority under paragraph (1). cy that participates in the SBIR program or (1) reviewing the effectiveness of the public ‘‘(4) RULES.—Not later than 180 days after STTR program include the telephone number and government databases described in sec- the date of enactment of this subsection, the of the hotline established under paragraph tion 9(k) of the Small Business Act (15 U.S.C. Administrator shall issue rules to carry out (2)— 638(k)); this subsection.’’. (I) on the website of the Federal agency; (2) identifying— (b) TECHNICAL AND CONFORMING AMEND- and (A) best practices for commercialization MENTS.— (II) in any solicitation or notice of funding assistance by Federal agencies that have sig- (1) IN GENERAL.—Section 9 of the Small opportunity issued by the Federal agency for nificant potential to be employed by other Business Act (15 U.S.C. 638) is amended— the SBIR program or the STTR program. Federal agencies; and

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.057 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11010 CONGRESSIONAL RECORD — SENATE December 22, 2010 (B) proposals by Federal agencies for ini- sequent report by the National Institutes of ment of Transportation, and in any subse- tiatives to address challenges for small busi- Health on rare diseases research activities; quent report issued by the National Acad- ness concerns in obtaining funding after a ‘‘(E) the National Academy of Sciences, in emy of Sciences or the Department of Trans- Phase II award ends and before commer- the final report issued by the ‘Transit Re- portation on transportation and infrastruc- cialization; and search and Development: Federal Role in the ture; or (3) developing and incorporating a standard National Program’ project and the report en- ‘‘(F) the national nanotechnology strategic evaluation framework to enable systematic titled ‘Transportation Research, Develop- plan required under section 2(c)(4) of the 21st assessment of the SBIR program and STTR ment and Technology Strategic Plan (2006- Century Nanotechnology Research and De- program, including through improved track- 2010)’ issued by the Research and Innovative velopment Act (15 U.S.C. 7501(c)(4)) and in ing of awards and outcomes and development Technology Administration of the Depart- any report issued by the National Science of performance measures for the SBIR pro- ment of Transportation, and in any subse- and Technology Council Committee on Tech- gram and STTR program of each Federal quent report issued by the National Acad- nology that focuses on areas of nanotechnol- agency. emy of Sciences or the Department of Trans- ogy identified in such plan;’’; (d) REPORTS.—The Committee shall submit portation on transportation and infrastruc- (2) in paragraph (15), by striking ‘‘and’’ at to the Committee on Small Business and En- ture; or the end; trepreneurship of the Senate and the Com- ‘‘(F) the national nanotechnology strategic (3) in paragraph (16), by striking the period mittee on Science and Technology and the plan required under section 2(c)(4) of the 21st at the end and inserting ‘‘; and’’; and Committee on Small Business of the House Century Nanotechnology Research and De- (4) by adding at the end the following: of Representatives— velopment Act (15 U.S.C. 7501(c)(4)) and in ‘‘(17) encourage applications under the (1) a report on the review by and rec- any report issued by the National Science STTR program (to the extent that the ommendations of the Committee under sub- and Technology Council Committee on Tech- projects relate to the mission of the Federal section (c)(1) not later than 1 year after the nology that focuses on areas of nanotechnol- agency)— date of enactment of this Act; ogy identified in such plan;’’; and ‘‘(A) from small business concerns in geo- (2) a report on the review by and rec- (2) by adding after paragraph (12), as added graphic areas underrepresented in the STTR ommendations of the Committee under sub- by section 111(a) of this Act, the following: program or located in rural areas (as defined section (c)(2) not later than 18 months after ‘‘(13) encourage applications under the in section 1393(a)(2) of the Internal Revenue the date of enactment of this Act; and SBIR program (to the extent that the Code of 1986); (3) a report on the review by and rec- projects relate to the mission of the Federal ‘‘(B) small business concerns owned and ommendations of the Committee under sub- agency)— controlled by women; section (c)(3) not later than 2 years after the ‘‘(A) from small business concerns in geo- ‘‘(C) small business concerns owned and date of enactment of this Act. graphic areas underrepresented in the SBIR controlled by veterans; program or located in rural areas (as defined TITLE IV—POLICY DIRECTIVES ‘‘(D) small business concerns owned and in section 1393(a)(2) of the Internal Revenue SEC. 401. CONFORMING AMENDMENTS TO THE controlled by Native Americans; and Code of 1986); ‘‘(E) small business concerns located in a SBIR AND THE STTR POLICY DIREC- ‘‘(B) small business concerns owned and TIVES. geographic area with an unemployment rates controlled by women; (a) IN GENERAL.—Not later than 180 days that exceed the national unemployment ‘‘(C) small business concerns owned and after the date of enactment of this Act, the rate, based on the most recently available controlled by veterans; Administrator shall promulgate amend- monthly publications of the Bureau of Labor ‘‘(D) small business concerns owned and ments to the SBIR Policy Directive and the Statistics of the Department of Labor.’’. controlled by Native Americans; and STTR Policy Directive to conform such di- (c) RESEARCH AND DEVELOPMENT FOCUS.— ‘‘(E) small business concerns located in a rectives to this Act and the amendments Section 9(x) of the Small Business Act (15 geographic area with an unemployment rates U.S.C. 638(x)) is amended— made by this Act. that exceed the national unemployment (b) PUBLISHING SBIR POLICY DIRECTIVE AND rate, based on the most recently available (1) by striking paragraph (2); and THE STTR POLICY DIRECTIVE IN THE FEDERAL monthly publications of the Bureau of Labor (2) by redesignating paragraph (3) as para- REGISTER.—Not later than 180 days after the Statistics of the Department of Labor.’’. graph (2). date of enactment of this Act, the Adminis- (b) STTR PROGRAM.—Section 9(o) of the SEC. 502. REPORT ON SBIR AND STTR PROGRAM trator shall publish the amended SBIR Pol- Small Business Act (15 U.S.C. 638(o)), as GOALS. icy Directive and the amended STTR Policy amended by section 111(b) of this Act, is Section 9 of the Small Business Act (15 Directive in the Federal Register. amended— U.S.C. 638), as amended by this Act, is TITLE V—OTHER PROVISIONS (1) in paragraph (3)— amended by adding at the end the following: SEC. 501. RESEARCH TOPICS AND PROGRAM DI- (A) in the matter preceding subparagraph ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR VERSIFICATION. (A), by striking ‘‘broad research topics and PROGRAM GOALS.— (a) SBIR PROGRAM.—Section 9(g) of the to topics that further 1 or more critical tech- ‘‘(1) DEVELOPMENT OF METRICS.—The head Small Business Act (15 U.S.C. 638(g)) is nologies’’ and inserting ‘‘applications to the of each Federal agency required to partici- amended— Federal agency for support of projects relat- pate in the SBIR program or the STTR pro- (1) in paragraph (3)— ing to nanotechnology, security, energy, rare gram shall develop metrics to evaluate the (A) in the matter preceding subparagraph diseases, transportation, or improving the effectiveness, and the benefit to the people of (A), by striking ‘‘broad research topics and security and quality of the water supply of the United States, of the SBIR program and to topics that further 1 or more critical tech- the United States (to the extent that the the STTR program of the Federal agency nologies’’ and inserting ‘‘applications to the projects relate to the mission of the Federal that— Federal agency for support of projects relat- agency), broad research topics, and topics ‘‘(A) are science-based and statistically ing to nanotechnology, rare diseases, secu- that further 1 or more critical technologies driven; rity, energy, transportation, or improving or research priorities’’; ‘‘(B) reflect the mission of the Federal the security and quality of the water supply (B) in subparagraph (A), by striking ‘‘or’’ agency; and of the United States, and the efficiency of at the end; and ‘‘(C) include factors relating to the eco- water delivery systems and usage patterns in (C) by adding at the end the following: nomic impact of the programs. the United States (including the territories ‘‘(C) the National Academy of Sciences, in ‘‘(2) EVALUATION.—The head of each Fed- of the United States) through the use of the final report issued by the ‘America’s En- eral agency described in paragraph (1) shall technology (to the extent that the projects ergy Future: Technology Opportunities, conduct an annual evaluation using the relate to the mission of the Federal agency), Risks, and Tradeoffs’ project, and in any sub- metrics developed under paragraph (1) of— broad research topics, and topics that fur- sequent report by the National Academy of ‘‘(A) the SBIR program and the STTR pro- ther 1 or more critical technologies or re- Sciences on sustainability, energy, or alter- gram of the Federal agency; and search priorities’’; native fuels; ‘‘(B) the benefits to the people of the (B) in subparagraph (A), by striking ‘‘or’’ ‘‘(D) the National Institutes of Health, in United States of the SBIR program and the at the end; and the annual report on the rare diseases re- STTR program of the Federal agency. (C) by adding at the end the following: search activities of the National Institutes ‘‘(3) REPORT.— ‘‘(C) the National Academy of Sciences, in of Health for fiscal year 2005, and in any sub- ‘‘(A) IN GENERAL.—The head of each Fed- the final report issued by the ‘America’s En- sequent report by the National Institutes of eral agency described in paragraph (1) shall ergy Future: Technology Opportunities, Health on rare diseases research activities; submit to the appropriate committees of Risks, and Tradeoffs’ project, and in any sub- ‘‘(E) the National Academy of Sciences, in Congress and the Administrator an annual sequent report by the National Academy of the final report issued by the ‘Transit Re- report describing in detail the results of an Sciences on sustainability, energy, or alter- search and Development: Federal Role in the evaluation conducted under paragraph (2). native fuels; National Program’ project and the report en- ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The ‘‘(D) the National Institutes of Health, in titled ‘Transportation Research, Develop- head of each Federal agency described in the annual report on the rare diseases re- ment and Technology Strategic Plan (2006- paragraph (1) shall make each report sub- search activities of the National Institutes 2010)’ issued by the Research and Innovative mitted under subparagraph (A) available to of Health for fiscal year 2005, and in any sub- Technology Administration of the Depart- the public online.

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.057 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11011 ‘‘(C) DEFINITION.—In this paragraph, the OMNIBUS TRADE ACT OF 2010 There being no objection, the Senate term ‘appropriate committees of Congress’ proceeded to consider the bill. means— Mr. BROWN of Ohio. Mr. President, I ‘‘(i) the Committee on Small Business and thank the Republican leader for his Mr. CONRAD. This is the Statement Entrepreneurship of the Senate; and willingness to let us move on this UC. of Budgetary Effects of PAYGO Legis- ‘‘(ii) the Committee on Small Business and lation for H.R. 6517, as amended. the Committee on Science and Technology of I ask unanimous consent the Senate the House of Representatives.’’. proceed to the immediate consider- Total Budgetary Effects of H.R. 6517 for the SEC. 503. COMPETITIVE SELECTION PROCE- ation of H.R. 6517, which was received 5-year Statutory PAYGO Scorecard: net de- DURES FOR SBIR AND STTR PRO- from the House and is at the desk. crease in the deficit of $2.208 billion. GRAMS. Total Budgetary Effects of H.R. 6517 for the Section 9 of the Small Business Act (15 The PRESIDING OFFICER. The clerk will report the bill by title. 10-year Statutory PAYGO Scorecard: net de- U.S.C. 638), as amended by this Act, is crease in the deficit of $450 billion. amended by adding at the end the following: The legislative clerk read as follows: ‘‘(mm) COMPETITIVE SELECTION PROCE- Also submitted for the RECORD as DURES FOR SBIR AND STTR PROGRAMS.—All A bill (H.R. 6517) to extend trade adjust- part of this statement is a table pre- funds awarded, appropriated, or otherwise ment assistance and certain trade preference made available in accordance with sub- programs, to amend the Harmonized Tariff pared by the Congressional Budget Of- section (f) or (n) must be awarded pursuant Schedule of the United States to modify fice, which provides additional infor- to competitive and merit-based selection temporarily certain rates of duty, and for mation on the budgetary effects of this procedures.’’. other purposes. act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR THE SENATE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 6517, THE OMNIBUS TRADE ACT OF 2010, AS TRANSMITTED TO CBO ON DECEMBER 22, 2010 [Millions of dollars, by fiscal year]

2011– 2011– 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 ...... 122 115 25 5 ¥2,475 2,475 0 0 0 ¥717 ¥2208 ¥450 Note: Components may not sum to totals because of rounding. Source: Congressional Budget Office and staff of the Joint Committee on Taxation.

Mr. BROWN of OHIO. Mr. President, I States’ losses. We are grateful for this both was by driving around a U.S. Sen- ask unanimous consent that the Brown extension. We have more work to do. ator. Our first day on the road was a amendment, which is at the desk, be The PRESIDING OFFICER. The Re- little rough. But ever since he mas- agreed to; the bill, as amended, be read publican leader is recognized. tered the clutch, Billy hasn’t made a a third time and passed; the motions to f misstep since. When he wasn’t driving, reconsider be laid on the table, with no Billy sorted the mail that came into intervening action or debate, and any TRIBUTE TO BILLY PIPER the office. And it didn’t take long for statements related to the bill be print- Mr. MCCONNELL. Mr. President, me to see this young man had a lot of ed in the RECORD. over the course of the last two decades potential, so I gave him more and more The PRESIDING OFFICER. Without I have had the honor of watching a responsibility. objection, it is so ordered. very smart, but very green young man He became a legislative cor- The amendment (No. 4924) was agreed from Louisville grow into one of the respondent, handling military and for- to. finest people you could ever work with (The amendment is printed in today’s eign affairs. And in 1996 I asked him to or call a friend. RECORD under ‘‘Text of Amendments.’’) be the finance director for my reelec- The amendment was ordered to be There is almost no hat that Billy Piper has not worn in the 19 years he tion campaign. Without hesitation, engrossed and the bill to be read a Billy left a secure position and his third time. The bill (H.R. 6517), as has worked in my office—from driver, to mailroom staffer, to legislative aide, home for an extremely hard campaign amended, was read the third time, and job on the road. It wasn’t an easy job. passed. to campaign worker, all the way up to chief of staff. And in any campaign, there’s no guar- Mr. BROWN of Ohio. Mr. President, antee of victory. But Billy excelled at in light of the generosity of the Repub- He’s done it all. And in the course of doing it all, he became indispensable to it, as usual, and at every task I’ve lican leader and the assistant majority given him since. leader, 30 seconds. me. And that’s why it is so hard to say This agreement among Senator goodbye. But Billy has simply given Ask other members of my staff to de- CASEY, Senator KYL, Senator MCCAIN, too much of himself to leave without a scribe Billy and they will tell you he’s and me will make a difference in re- proper send-off. not only a friend, but a teacher and a storing TAA, trade adjustment, and One of Billy’s defining traits is that mentor. he deflects praise. This morning I the health care tax credit, in addition Lots of people come to Capitol Hill would like to deny him the chance. to the Andean trade references and with good intentions and wanting to do A native of Louisville, Billy attended some other things that will make a dif- the right thing—but not all of them the Kentucky Country Day school and ference. learn how to get things done. In my of- then moved to Virginia to attend the It will make a difference. It will fice, the road to mastery of any job University of Richmond. He spent a se- mean that 50,000 people don’t lose their usually ran through Billy Piper. First mester here in Washington studying health insurance the first of the year. I of all, Billy puts everyone at ease, from public policy and politics and did an in- am appreciative of all who have been the college student applying for an internship with Senator LUGAR’s office, part of this. ternship to heads of state. He treats ev- I will yield to Senator CASEY for a which he liked so much he decided to eryone the same, regardless of their moment. I thank the leaders for their look for a permanent job on the Hill. station. He also refuses to take praise, generosity. And I would like to thank Senator and even if he does, he’s usually eager Mr. CASEY. Mr. President, I thank LUGAR today for inspiring Billy to pub- to deflect it onto the rest of the team. Senator BROWN, as well as Senators lic service. He’s also got a wicked sense of humor. MCCAIN and KYL, for entering into this Billy was so eager to take a job in agreement. It extends this for a short my office, in fact, that he agreed to be It’s a regular part of the day to hear period of time. It is important as it re- a driver even after he learned I had a laughter pealing from Billy’s office. lates to manufacturing jobs in a State stick shift—which he didn’t know how Billy became the chief of staff in my such as ours, where we have lost over to drive. His knowledge of Washington, personal office toward the end of 2002. 200,000 in less than a decade. I am sure D.C., streets wasn’t that much better. And for the last 8 years, he has shown that number corresponds to other But he decided the best way to learn first-class leadership as the steady

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.057 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11012 CONGRESSIONAL RECORD — SENATE December 22, 2010 hand at the wheel. He has shown ex- the wonderful friends I have made No. 5, credit card company regula- traordinarily sound judgment. He’s al- along the way. I am better for having tions, long overdue. People complained ways been ready to do whatever he was known and worked with each of you. about abuses by credit card companies, asked, whatever it took. Most of all, Thank you for all you have done and and we passed major regulatory re- Billy knew who we all worked for: 4 continue to do. I am in your debt.’’ form. million Kentuckians. For 8 years, Billy Billy, as usual, you are generous with No. 6, small business lending fund. has been my right-hand man. praise for everyone but yourself. But The Small Business Credit and Jobs Two years ago, Billy was invaluable we’re the ones who are thankful. We Act could provide up to $300 billion in to me in my reelection campaign. Once are the ones who are better for having loans to small businesses across Amer- again, he proved himself equal to any known you. And the honor was all ours. ica that were having trouble finding challenge. He was the one man who Most of all, though, the honor was money in the private sector. That knew everything that was going on and mine to stand alongside you through could, I think, dramatically increase what everyone else was doing. He was the years, as your mentor and your jobs from small businesses. and is unflappable, steady, and always friend. I watched as you inspired oth- No. 7 occurred as part of our agenda confident. ers. You’ve inspired me. Thank you for in the lameduck session, the extension He gave it everything he had—and al- your service and your friendship. of unemployment insurance. Time and ways with a smile on his face. And it Mr. President, I yield the floor. again we did it and then in the tax wasn’t easy for him, I know. With a f package we extended it for 13 months young family at home, he sacrificed SENATE ACCOMPLISHMENTS so that millions of Americans would much. He’s very fortunate that Holly’s have a basic check to buy with each an understanding wife. Mr. DURBIN. Mr. President, just as week. More than anyone else, Billy is re- the majority leader started to leave First-time home buyers tax credit is sponsible for fostering the feeling of the floor, I said to him, what an amaz- No. 8, which encourages more people to family in my office. It’s one of the ing 2 years. I just left an interview up- buy homes for the first time and it things we’ll miss most about him. He stairs where a major network asked gave them a tax incentive to achieve always made staff feel like they’re me: What do you think you have ac- that. more than just a group of people in an complished over the last 2 years? The next item I will mention is I said to him: I can’t speak for what office. He’s grown close to a lot of them health care reform. Some would put it happened 30 or 40 years ago in the Sen- over the years, and they all love him as No. 1. I certainly would put it as No. ate; I wasn’t around. But I can tell you and admire him. 1 or No. 2. This is the first President in that in the 28 years I have been in the But as tough as this change is for me, almost 90 years to successfully tackle House and Senate, I have never seen a I know it’s as tough for Billy too. the challenge of the rising cost of more amazing, productive session of Here’s a guy who went to the same health care and the need for basic re- Congress. school from kindergarten through the In the Senate, you had to put it into form. Sure, it is controversial, but as 12th grade, lived in the same house his perspective. At the same time we were the provisions of this health care re- whole childhood, and has had the same accomplishing these things, we were form bill unfold and are implemented, work e-mail address since we started facing record numbers of filibusters— they can bring us to a point where the using e-mail around here. But he is more obstacles than ever in history. cost of health care will come down and making this change for the right rea- Yet, when you look at the record that there will be more available to people son. When he announced his decision, was written over the last 2 years in who currently are not protected. Billy said, ‘‘I love this office, I love the this Chamber and in the House of Rep- No. 10, the Children’s Health Insur- Senate, and I love Kentucky . . . but I resentatives, working with the Presi- ance Program. We reauthorized and ex- love my family more.’’ And no one can dent, it is nothing short of amazing. panded it. After two vetoes by the begrudge him that. Allow me to go through my checklist former President, this bill expanded So while this is a loss for me, my here. I am sure others will question health insurance coverage for over 4 staff, my colleagues in the Senate, and some things I put on the list and add million previously uninsured children. the many people he’s helped in Ken- some of their own particularly the Sen- No. 11—my hats off to the Senator tucky over the years, it is a gain for ator from Iowa, Senator HARKIN, who from Iowa—food safety. There were Billy’s wife Holly, and their two little certainly is an inspiring leader on so times in the last week or two that it boys Billy and Tucker. And I wish the many of these important issues. was a dead duck in the lameduck. Piper family great happiness. I can First and foremost, the American Re- Somehow or another, it found its wings hardly believe the man I am saying covery and Reinvestment Act. That is and started to fly and was passed by goodbye to is the same young man who what the President came to Wash- both the House and the Senate. stood for a high-school photo with me ington to initiate to stop this recession I worked on this measure for 16 back in 1986. and slow down the growth in unem- years. The Senator from Iowa brought Sadly, Billy’s parents aren’t here to ployment. None of us is happy with the it across the finish line with the kind share in Billy’s sendoff from the Sen- state of the economy, but it would of skills he has developed as a leader in ate. But if you knew Bill and Ann have been dramatically worse had we the Senate. It is great to team up with Piper, you would not be surprised by not done that. him. People’s lives will be saved and the kind of person Billy is or the suc- Two, Wall Street reform. We looked people spared serious illness because of cess he has become. And I know they at the root causes of the recession and this bill. would be bursting with pride if they said we are going to change the law No. 12, child nutrition, a favorite of were here today to see what their son’s and add oversight and investigators to the First Lady. I thank Senator accomplished. It was the love of a stop Wall Street from bringing us an- BLANCHE LINCOLN, who is leaving us, strong family that started Billy off on other recession some day in the future. for her leadership on this issue. We are the right track, and it is because of his No. 3, the HIRE Act, a jobs package providing nutritious meals to hungry love for his family today that we bid to encourage businesses to hire unem- children and increasing the Federal re- him farewell. You can’t say Billy Pip- ployed workers. We have been focusing imbursement rate for school meals so er’s priorities aren’t in the right place. on jobs since we got here, and we need local governments do not have to ab- Before I finish, I would just like to to continue that focus. sorb the increased cost. read from an e-mail Billy sent to the No. 4 was a measure we passed in this No. 13—here is an issue front and cen- entire staff on his last day—an e-mail lameduck session, the middle-class tax ter in my career in the House and Sen- that sums up the kind of guy Billy is. package, extending middle-class tax ate—tobacco regulation. The bill we Here’s what he wrote: ‘‘The great honor breaks for working families and lower passed calls on the Food and Drug Ad- of my professional life has been being income families, I might add, as well as ministration to regulate the manufac- able to call myself a McTeamer for others in the year to come so we can ture, sale, and promotion of tobacco nearly 20 years. This is an experience I keep this economic growth moving in products. The things we did in this bill, will treasure all the more because of the right direction. I say to Senator HARKIN, would have

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.063 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11013 been unthinkable 10 years ago. But we Capitol Hill, JEFF SESSIONS. It is the save all this money, until finally when did them to try to keep these tobacco Fair Sentencing Act which reduced the Barack Obama became President and products out of the hands of kids. unfair disparity in sentencing between Democrats took over the House and the No. 14 on my list is something that crack and powder cocaine. There are Senate, we were able to pass it and, as passed a few hours ago, ratifying the literally thousands of men and women the Senator knows, we signed that into New START treaty. This is what the serving time in prison because of this law, I think if I am not mistaken, in President needed. This is what America disparity in sentencing. Senator SES- February of this year right after we needed. We only have one President. SIONS and I reached an accommodation, passed the health care bill, and it was We want to give him the authority to an agreement, a compromise on sen- part of the health care bill. keep America safe. We want his word tencing which brings us closer to the In passing that bill, we went from in- to be good. We want him to engage reality of the danger of the narcotics direct loans to Direct Loan Program former adversaries as future allies with involved. I thank him for his bipartisan and save $60 billion in 10 years. We the passage of the New START treaty. cooperation. took that money and put it in better No. 15 is one near and dear to my No. 19 is the first bill signed by Presi- Pell grants for students. heart. It was originally introduced by dent Obama as President of the United I say to my friend to illustrate, Hillary Clinton, and when she left to States, the Lilly Ledbetter Fair Pay sometimes it takes a long time around join the President’s Cabinet, I asked if Act, to try to once and for all end dis- here to get things done. If you per- I could take up the cause of passing the crimination of women in the work- severe and the stars align right, you veterans caregiver assistance bill. In a place. can get it done. It is also a way of say- word, it means those disabled veterans No. 20, the hate crimes prevention ing to my friend from Illinois, thank who return home, who are fortunate to bill. That is one I think is absolutely you for what you did for food safety. I have a spouse, a parent, or a member of essential to renew the promise in get a lot of accolades. I just happened their family who will sacrifice their America that we will never discrimi- to be here as chairman of the com- own lives to make sure they are com- nate against people based on sexual mittee at the right time to get it fortable in their homes will receive orientation, race, gender, creed, or na- through. Anyone who knows anything some help from the government. These tional origin. That bill was long over- about this issue knows Senator DURBIN are people who get to stay home as dis- due. The Matthew Shepard family, who was the Senator who got this going. I abled veterans and, because someone in helped us pass that bill, was instru- always wondered how many years ago. the family will stay with them where mental in moving America forward in He said 16 years ago. they want to be, at considerably less Again, there is perseverance, stick to the field of human rights. expense to our government but in the it. When you know what is right and I am sure Senator HARKIN can add right, positive environment for our dis- three or four of his own to that list. good for this country, do not give up abled veterans. This bill gives those When I look back and reflect on 2 and hang in there. Senator DURBIN veteran caregivers a little additional years of hard work, it is worth the ef- hung in there for 16 long years. We fi- assistance, some respite time, and a fort. All the long nights, all the time nally got the bill done and passed. I modest stipend each month so they can away from family, some of the frustra- think the President will be signing it continue to do this invaluable work on tion, all of the anger, all of it was into law some time before January 5. behalf of the men and women who sac- A lot fewer people will get sick, a lot worth it when we look back in time rifice so much for our country. more families will be healthy, and our and say in our time here, many of us No. 16 we passed today as well, the 9/ food will be safer because of the efforts believe we have helped to move Amer- 11 Health and Compensation Act. We of Senator DURBIN. I publicly thank ica forward with the work we have said so much in tribute to first re- him for all of his work on this bill. done in the Congress. sponders—police, firefighters and oth- f ers—who came to Ground Zero when I yield the floor. The PRESIDING OFFICER. The Sen- they were called. Today we said we TRIBUTE TO RETIRING SENATORS ator from Iowa. were going to stand by them with any EVAN BAYH Mr. HARKIN. Mr. President, I lis- illness that came about as a result of Mr. HARKIN. Mr. President, time tened very carefully to my friend from that experience. and time I have come to the floor to No. 17, repeal of don’t ask, don’t tell. Illinois as he went down his list. I give a few remarks about Senators who I went to that ceremony today, and I admit it is a pretty thorough list. I are retiring and leaving the Senate. have to tell you, I thought it was one may have missed one. I was conversing They all contributed in their unique of the most profound experiences I had. with another Senator briefly. Did I way one way or the other to the Sen- To see an auditorium filled with people miss the higher education bill? The list ate. Now I find myself with two left who cared so much for this issue, many covered everything else, I say to my about whom I want to comment on of whom have seen their lives wrecked friend. The Higher Education Act, their way out of the Senate. because of discrimination based on which historically, I say to Senator In the closing days of the 111th Con- their sexual orientation. The Pledge of DURBIN, in 1992, Senator Kennedy, then gress, we are saying goodbye to a num- Allegiance was given by retired Air the chair of the committee which I now ber of colleagues, including a veteran Force COL Margarethe Cammermeyer. chair, had done a study to see whether Member, much respected on both sides I know her story well because I told it direct loans would be better than the of the aisle. I speak of the Senator so many times. She was an Air Force indirect loans that go through banks from Indiana, Mr. BAYH. nurse who risked her life to save the for students going to college. I listened with great interest to Sen- lives of servicemen in Vietnam who We had this study done, this pilot ator BAYH’s eloquent farewell remarks rose through the ranks until one day program. In 1993 and 1994, the pilot pro- earlier this month. The Senator was she announced, when asked, that she gram ran. By 1994, the data was in. The also kind enough to have them typed was a lesbian. She was discharged, re- Direct Loan Program worked well. It up and sent to our offices. tired from the service. Never in the saved tons of money, and the schools Looking back on his 12 years in this course of her military career had any- liked it, students liked it. Our goal was body, he spoke about times of national thing about her sexual preference had that in 1995, we were going to then ex- crisis, including after the 9/11 attacks any impact on her service to the Na- pand it nationwide. Of course, we know and during the financial meltdown of tion, but she was discriminated against what happened in 1995. We lost the Con- 2008. He talked of a time when Senators because of who she was. gress. It went to the Republican side. acted not as Democrats and Repub- She gave the Pledge of Allegiance The Republicans did not want to ex- licans but as patriots concerned of today with tears in her eyes and joined pand the Direct Loan Program. They doing one thing: doing what is right for all of us applauding President Obama wanted to keep it going through the the American people. He said that as he finally signed this bill repealing banks. Banks loved it. Who does not these times of bipartisan action were don’t ask, don’t tell. like free money? From 1995 on, we with the Senate at its very best. No. 18 is a bill I worked on, and the never had the opportunity to ever ex- For more than two decades, Senator most unlikely political odd couple on pand the Direct Loan Program and BAYH has embodied everything that is

VerDate Mar 15 2010 05:06 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.116 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11014 CONGRESSIONAL RECORD — SENATE December 22, 2010 good about this body: a passion for I listened with great interest to Sen- Mr. President, I will miss my good public service, a sincere desire to reach ator SPECTER’s farewell remarks yes- friend and colleague from Pennsyl- out across the aisle, a great talent for terday. He decried the decline of bipar- vania, who has been a tremendous ally forging coalitions and bringing people tisan cooperation in this body. As he for many years. As he departs the Sen- together, and a willingness to work put it: ate, he can take enormous pride in 30 long hours to accomplish important In some quarters, compromising has be- years of truly distinguished service to things. come a dirty word. Politics is no longer the the people of Pennsylvania and the As we all know, EVAN is what we art of the possible when senators are intran- United States. I wish ARLEN and his might call a ‘‘son of the Senate.’’ He is sigent in their positions. wonderful wife Joan the very best in enormously proud to have been elected During his remarkable 30 years in the the years ahead. to the same seat his father Senator Senate—he is the longest serving U.S. With that, Mr. President, I yield the Birch Bayh held for two terms and who Senator in Pennsylvania’s history— floor and wish the occupant of the remains a great friend of mine after all ARLEN SPECTER has been admired for chair the best of the holiday season these years. He has followed in his fa- his fierce independence and for his will- and a happy New Year. We will see you ther’s footsteps in fighting for quality ingness to cross party lines in order to when we come back to the next Con- public schools, student loans, retire- accomplish big and important things gress. ment security, and giving every Amer- for this country. I yield the floor. ican access to quality, affordable Nowhere has this been more vividly RUSS FEINGOLD health care. on display than in the Labor, Health Mrs. BOXER. Mr. President, I rise In addition, he has been a leader in and Human Services Subcommittee of today to pay tribute to my colleague strengthening our Armed Forces and the Committee on Appropriations, on and friend, Senator RUSS FEINGOLD. national security. I know that Senator which Senator SPECTER and I are sen- I have had the privilege of serving BAYH takes special pride in leading the ior members. Before last year, when he with Senator FEINGOLD since he and I charge to provide our troops in Iraq returned to his roots as a Democrat, were both elected to the U.S. Senate in and Afghanistan with much improved ARLEN was the senior Republican and I 1992. Over the past 18 years, Senator mine-resistant armored vehicles. was the senior Democrat on that sub- FEINGOLD has been an independent, As he leaves this body, Senator BAYH committee. Since 1989, as the majority passionate advocate for his State and is still a young man with many chap- in the Senate has gone back and forth his Nation. He was consistently a voice ters yet to be written in his life and ca- between the two parties, we alternated of conscience in the Senate, never reer. For more than a quarter century, as either chair or ranking member. But afraid to ask the tough questions or to he has devoted himself to public serv- the transitions were seamless as we speak out against policies he believed ice, first as Indiana’s secretary of passed the gavel back and forth be- state, then as an enormously successful were flawed. cause ARLEN and I forged an two-term Governor of Indiana, and, of unshakable partnership. Over the years, Senator FEINGOLD has course, since 1999 as a Senator. That partnership has been grounded distinguished himself as a leading ex- I have always been a big admirer of in our shared commitment to finding pert on foreign and domestic policy one of his signature accomplishments cures for diseases ranging from cancer who is willing to work across party as Governor, which was passing legisla- to heart disease to Alzheimer’s and in lines to get the job done, whether it tion creating the 21st Century Scholars our determination to maintain the Na- was reforming our Nation’s campaign Program. It is a wonderful program. tional Institutes of Health as the jewel finance laws or working to end the Thanks to his initiative, every child in in the crown of international bio- atrocities committed by Ugandan Indiana who is eligible for the free medical research. Our proudest accom- rebels in the Lord’s Resistance Army. lunch program in public schools, who plishment was our collaboration in I have had the privilege of sitting graduates from high school, and signs a doubling funding for the National In- next to Senator FEINGOLD in the Sen- pledge not to experiment with illegal ate Foreign Relations Committee. I drugs is entitled—get this—is entitled stitutes of Health over a 5-year period, between 1998 and 2003. Last year, we have been proud to witness how, as the to a full tuition scholarship at the In- chair of the Subcommittee on African diana public university of his or her again collaborated in securing $10 billion for the National Institutes of Affairs, he has led the Senate in recog- choice. nizing and addressing many of Africa’s Over the years, many thousands of Health in the Recovery Act, although I must be honest and give the senior unique issues and challenges. He was Hoosiers of modest means have been one of the first to speak out about the able to attend college thanks to this Senator from Pennsylvania the lion’s share of credit for that accomplish- genocide in the Darfur region of Sudan. remarkable law. That is what I call a He has advocated for an end to the il- great—I hope my friend does not mind ment. I say without fear of contradiction licit mining of conflict minerals that me saying this—populist, progressive support armed conflict in the Demo- accomplishment. It speaks volumes that there has been no Member of Con- gress in the Senate or the House who cratic Republic of Congo. And he has about EVAN BAYH’S priorities and val- placed a spotlight on drug trafficking ues throughout his 24 years in public has championed NIH as passionately and relentlessly and successfully as in West Africa, the threat of terrorism service. in Somalia, and the affects of global During his two terms in this body, Senator ARLEN SPECTER. Indeed, at diseases such as malaria on African Senator BAYH has always faithfully times, in my role when I was chair of populations. served the people of Indiana and the the Appropriations Labor, Health and people of the United States. I hope and Human Services Subcommittee, I have Senator FEINGOLD is a great re- expect he will pursue new avenues of had to remind ARLEN that there were former, taking the lead on campaign fi- public service after he leaves the Sen- other programs besides the NIH in our nance reform and on the Army Corps of ate because our country sorely needs appropriations bill. In fairness, Senator Engineers. public servants of his caliber, intel- SPECTER has also fought passionately Senator FEINGOLD has been such an ligence, and accomplishments. to increase funding for public schools incredible champion for human rights, I will miss the day-to-day friend- and to increase access to higher edu- and I am personally grateful for his ships, the counsels, the interchanges cation, but there is no question that work on women’s rights, particularly we have had together in the Senate. I his great passion, his living legacy has his commitment to combating violence wish EVAN and his wonderful wife been the National Institutes of Health against women and girls worldwide. Susan and their twin sons, Beau and and biomedical research. Today, the His passion, expertise, and dedication Nick, the very best in the years ahead. prowess and excellence of the National to these issues are unmatched and will ARLEN SPECTER Institutes of Health is truly a living be greatly missed. Mr. President, I also wish to pay a legacy to Senator SPECTER, and we BYRON DORGAN farewell to another long-time legisla- have countless new medical cures and Mr. President, I rise today to pay tive partner, and that is Senator therapies because of Senator SPECTER’s tribute to my colleague and friend, ARLEN SPECTER of Pennsylvania. long and determined advocacy. Senator BYRON DORGAN.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.117 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11015 It has been an honor to serve with son’s, cancer, heart disease and Alz- and modernize the Peace Corps and Senator DORGAN since he and I were heimer’s. worked to provide loan forgiveness to both elected to the U.S. Senate in 1992. I am pleased to have had the oppor- Peace Corps volunteers, teachers, and Nobody can get to the heart of a mat- tunity to work closely with Senator others who devote themselves to public ter like BYRON DORGAN. He has an un- SPECTER on the Senate Environment service. believable ability to lay out both chal- and Public Works Committee. He has All of us in the Senate will greatly lenges and solutions with clarity. He is been a thoughtful and constructive miss Senator DODD. a populist in the best sense of the word, member committed to addressing cli- BLANCHE LINCOLN and our country is better for his serv- mate change and fighting for clean en- Mr. President, I rise today to pay ice in this Chamber. ergy jobs. tribute to my colleague and friend, Senator DORGAN has always been a Senator SPECTER loves this institu- Senator BLANCHE LINCOLN. champion for the people of North Da- tion, and he will be missed. He has left Senator LINCOLN has spent her entire kota, for our workers, and for rural his mark, and I thank him for his dec- career serving the people of Arkansas, Americans. For the last 18 years, he ades of dedicated public service. and she has been a passionate and ef- has devoted himself to supporting fam- CHRIS DODD fective leader for her State. ily farms and promoting economic de- Mr. President, I would like to ask my She has been an inspiration to so velopment across our country. colleagues to join me today in recog- many women. Senator LINCOLN made Senator DORGAN has been a leader in nize the extraordinary leadership and history as the first woman to chair the Senate Agriculture, Nutrition, and the Senate in fighting to preserve jobs service of our friend, Senator CHRIS Forestry Committee, and I will never here in America and end tax breaks for DODD. companies that ship jobs overseas. No Senator DODD has served the Senate forget how Senator LINCOLN led by ex- one has fought harder for the middle with grace, intelligence, and compas- ample, showing us you could be a class. sion for three decades. The son of a young mom in the Senate, dedicated to He used his position as chairman of U.S. Senator, he loves this institution your children, while also being a strong the Senate Energy and Water Appro- and has done everything he could to advocate for your State. She has been a leader in the Senate priations Subcommittee to advance preserve its best traditions. Senator on child nutrition and has worked tire- important projects and create jobs, and DODD has always encouraged all of us lessly to pass important legislation, in- I will always be thankful for his sup- to keep our disputes and differences cluding the Healthy, Hunger-Free Kids port in our efforts to protect California from becoming personal. Act that was just signed into law by communities from flooding. He leaves behind an incredible legacy President Obama. The measure will As chairman of the Senate Com- of accomplishments that have touched help combat the nationwide epidemic mittee on Indian Affairs, Senator DOR- the lives of virtually all Americans. of obesity by making sure our school- GAN has worked tirelessly to improve I will never forget the leadership role children have access to healthy, nutri- health care and economic opportunities he played in helping to pass health care for Indians. He has helped streamline tious meals. reform last spring—a fitting tribute to As a cofounder of the Senate Hunger the bureaucracy of the Bureau of In- his close friend Ted Kennedy, whose vi- dian Affairs. He developed the land- Caucus, Senator LINCOLN has played a sion finally became a reality. crucial role in shedding light on a prob- mark Tribal Law and Order Act, which As chairman of the Committee on lem that affects so many, both at home helped give tribal justice officials the Banking, Housing, and Urban Affairs, and abroad. tools they need to protect their com- ODD Senator D led the effort to pass Senator LINCOLN was never afraid to munities. I was so proud to cosponsor Wall Street reform legislation. He was stand up for what she believed in. She that bill and so pleased that President a forceful advocate for holding banks showed her tenacity in fighting for Obama signed it into law this year. accountable for their actions, and we greater transparency and account- He leaves a distinguished legacy and could not have enacted this landmark ability in derivatives markets during will be greatly missed by all of us. accomplishment without his leader- the debate over Wall Street reform. ARLEN SPECTER ship. She has been a fighter for her State Mr. President, I rise to pay tribute to Senator DODD has devoted his career and her legislative accomplishments our friend and colleague, Senator in public service to making life better will have a profound impact on the ARLEN SPECTER. for our families and our children. I saw lives of so many children and commu- Senator SPECTER has spent five terms this firsthand as we worked together to nities across our country. serving the people of Pennsylvania ensure that our children have safe I want to thank her for her years of here in Congress—longer than any places to go after school. As chairman friendship and for her dedicated service other Pennsylvania Senator. All of us of the Senate Afterschool Caucus and here in the Senate. We will all miss can take a lesson from his dedication the founder of the Senate’s first Chil- her. and passion for fighting for the people dren’s Caucus, Senator DODD worked CHRISTOPHER DODD of his State. hard to expand the Head Start pro- Ms. SNOWE. Mr. President, I rise A member of the Judiciary Com- gram, to reform the No Child Left Be- today to join my colleagues in paying mittee since he joined Congress, Sen- hind Act, and to make college more af- tribute to Senator CHRISTOPHER DODD, ator SPECTER built on his background fordable for students and their fami- a longtime public servant and fellow as an attorney and eventually assumed lies. New Englander whose dedication to ad- the chairmanship of the committee. In the face of Presidential vetoes, vancing the common good with com- His expertise on constitutional issues Senator DODD dedicated 8 years to en- mon sense, independence, and a gen- has long been admired by his col- acting the Family and Medical Leave uine desire to solve problems has leagues. Act, which has helped ensure that 50 served both his constituents of Con- Senator SPECTER was always a leader million Americans can care for their necticut as well as his country for 36 on issues relating to our National In- loved ones during difficult times with- years. With trust, comity, and a love stitutes of Health, championing invest- out fearing for their jobs. for the institution of the Senate, Sen- ment in scientific research to find life- Senator DODD is a fluent Spanish ator DODD has for more than three dec- saving treatments and cures for a speaker and has been the Senate’s lead- ades contributed to creating a legisla- range of diseases. He understood first- ing expert on Latin America. I have tive environment where at crucial mo- hand how crucial such funding could been proud to work closely with him to ments in the life of the greatest delib- be, having fought his own battle with reform our Nation’s drug certification erative body in human history, the cancer. When we passed the Recovery laws. upper Chamber was able to work its Act, it was Senator SPECTER who en- His own years of service in the U.S. will to the lasting benefit of the Amer- sured that it would include significant Peace Corps inspired Senator DODD to ican people, and we could not be more investments in NIH. His efforts to help support and promote President Ken- grateful. double NIH’s budget have contributed nedy’s call to service in this Chamber. Indisputably, and as countless col- to advances in treatments for Parkin- In the Senate, he has helped expand leagues have noted, public service has

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.018 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11016 CONGRESSIONAL RECORD — SENATE December 22, 2010 always been at the center of Senator ference in the daily lives of the Amer- little above it.’’ CHRIS DODD has always DODD’s life—literally, as he is the first ican people was not an isolated in- aimed high—and met his target—leav- son of Connecticut to follow his father stance. Senator DODD and I collabo- ing a legacy of enormous accomplish- into the U.S. Senate, and remarkably, rated on legislation to support campus- ment to his constituents in Con- for the past 30 years, Senator DODD has based child care for low income moth- necticut and to the American people. had the privilege of sitting at the same ers trying to further their education, In closing, let me just extend my per- desk used by his father, Senator THOM- and we authored legislation to help sonal appreciation to his wife Jackie AS DODD, during his 12 years in the states improve training in early child- and their daughters Grace and Chris- Senate. CHRIS DODD’S longstanding de- hood development to make improved tina for sharing CHRISTOPHER DODD votion to the public arena has spanned child care more available to more peo- with us from his three terms in the U.S. ple. With innate New England prag- JUDD GREGG House—the last of which I was privi- matism and a desire for solutions, Sen- Mr. President, I rise today to join my leged to serve with him—to his five ator DODD saw impediments to success colleagues in paying a well-earned trib- terms in the U.S. Senate. And Senator that were impinging upon a segment of ute to Senator JUDD GREGG, a fellow DODD earned the lasting gratitude of our society that if only reduced or re- New Englander and one of New Hamp- his constituents and admiration of his moved would aid not only families shire’s much-admired icons of public colleagues with his stalwart leadership striving to improve their lives, but a service over the last three decades. in foreign policy, his vigorous and un- Nation seeking to help stem the tide of Senator GREGG has been immersed in wavering battle to enact the Family dependency. public service his entire life, beginning and Medical Leave Act, and his long- Ultimately, what occupied Senator with his father’s election as Governor standing stewardship of our Nation’s DODD’s agenda was the active pursuit of New Hampshire in 1952 when JUDD most precious resource—our children. of an even better America. We didn’t was only 5 years old. And through the And on this last point, like many in always agree on what that path should years, he has amassed a record of lead- this Chamber, I cannot begin to justly be, but where we did find common ership at every level of government measure the depth and breadth of the ground, as in child care, we cultivated that is truly remarkable. It comes as legacy Senator DODD has forged in safe- it. That dynamic was at work recently no surprise that JUDD is the first public guarding the most vulnerable in our so- as Senator DODD and I, as the former servant from the Granite State ever to ciety. Consider for example the issue of chair and current ranking member of realize the political trifecta of being child care. Time and again, Senator the Senate Committee on Small Busi- elected to the three offices of Congress- DODD has battled to ensure both the ness and Entrepreneurship, collabo- man, Governor, and Senator. Serving quality of child care in America as well rated to help the economic engines and others goes to the very core of JUDD as the funding for it, and as he keenly catalysts of our economy—America’s GREGG’s persona and DNA. It always and presciently understood, in this small businesses, the very enterprises has and always will. matter, our Nation could not have one that will lead us out of recession and And let me just say, at every step without the other. into recovery. along the way, it has been a privilege An undeniable focus of Senator During the consideration of what for me to witness Senator GREGG’s im- DODD’s, child care has unquestionably would become The Dodd-Frank Wall pressive trajectory in public life first- become one of his crowning achieve- Street Reform and Consumer Protec- hand. In fact, it was during JUDD’s ments and legislative hallmarks—and tion Act, I truly appreciated Senator years in the U.S. House of Representa- nowhere was his imprint on the issue DODD’s perseverance in including a pro- tives, where my husband, Jock McKer- greater than during the landmark wel- vision I authored allowing small busi- nan, and I first got to know him as well fare reform debate in 1995 and 1996. I nesses to raise concerns over burden- as his wonderful wife Kathy. And that well recall working with Senator DODD some regulations through small busi- friendship grew further during JUDD’s as we made the case that there was in- ness review panels within the Con- time as Governor as both he and Jock deed a pivotal link between viable wel- sumer Financial Protection Bureau. were chief executives of their respec- fare reform and child care—that for Senator DODD and I also worked to re- tive States during the same period. families struggling to reduce their de- duce the regulatory compliance burden And having served with JUDD for pendency on welfare—especially single for small banks by striking a provision nearly his entire tenure in the Senate, parents—unaffordable, unavailable, or of the bill which would have required I have been proud to work side by side unreliable childcare was the chief bar- these lending institutions to report with an individual whose organizing rier to steady employment, and one their transactions to the Federal Gov- principle behind public service has al- that could and should be lessened, if ernment down to each individual ATM. ways been driven by common sense, not eliminated. This kind of rapport was emblematic pragmatism, and the imperative to That is why I was pleased to join of how Senator DODD viewed good gov- forge solutions across the aisle. Time with Senator DODD on our amendment ernance. In his valedictory address on and again, JUDD has sought to bridge to add $6 billion in child care funding the floor of the Senate, he observed the political divide to garner results, to welfare reform legislation, espe- that ‘‘in my three decades here, I can- whether by tackling our Nation’s fiscal cially at a time when that funding was not recall a single Senate colleague challenges, promoting land conserva- very much imperiled. Arriving at a with whom I could not work.’’ Indeed, tion, or most notably, co-authoring the consensus required leaders from both Senator DODD always saw adversaries No Child Left Behind Act of 2001 with parties to jettison their competing and as potential allies—and foes as unwon the late Senator Edward Kennedy. hardened ideologies in favor not just of friends. Indeed, Senator GREGG’s rigorous in- making dependable childcare more ac- From the days of his youth, Senator tellect, financial acumen, and budg- cessible, but in support of welfare re- DODD grew up steeped in the tradition etary expertise have earned him the reform that would effectively move more of and respect for the Senate—and an spect and admiration of his Senate col- Americans from welfare to work. Sen- abiding admiration for this venerable leagues from both parties and made ator DODD, as colleague after colleague institution that runs at its own pace him one of the Nation’s most well-re- can attest, heeded his own beliefs that and by its own rules. Instead of exhib- garded, leading champions of fiscal dis- ‘‘you don’t begin the debate with bipar- iting rancor and a burning desire to cipline and accountability, and one of tisanship—you arrive there. And you win at all costs, Senator DODD sought the most knowledgeable voices and au- can do so only when determined par- instead to build relationships and by thorities in addressing our Nation’s tisans create consensus.’’ Because he doing so, strengthened his capacity for deficits and debt. never lost sight of the primacy of legislating and contributed mightily to In fact, the bipartisan National Com- working across the aisle, we were vic- the advancement of this esteemed mission on Fiscal Responsibility and torious in including the funding we Chamber. Legendary American poet Reform, created by President Obama, sought in the Senate-passed bill. and son of Maine, Henry Wadsworth is modeled after legislation first intro- That bipartisan effort to garner con- Longfellow, once wrote that ‘‘if you duced by Senator GREGG, the former crete results designed to make a dif- would hit the mark, you must aim a chair and current ranking member of

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.092 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11017 the Senate Budget Committee, and the nessed throughout his sterling, four fact is, they don’t make enough legisla- current Chair, Senator KENT CONRAD of decade trajectory in public life recall tors or public servants like Senator North Dakota—both of whom are com- what James Madison wrote in The Fed- VOINOVICH anymore. Like the Ohio missioners. What a fitting coda for one eralist, No. 62 in advocating for a high- State flag, the only one in the U.S. not of this generation’s stalwart guardians er age requirement for Senators than shaped like a rectangle, GEORGE has of our Nation’s budget. members of the House. Madison postu- been and will always be . . . one of a And Senator GREGG’s service could lated that the deliberative disposition kind. not be more emblematic of his overall of the Senate required a ‘‘greater ex- I can tell this Chamber from first- approach to public service which has tent of information and stability of hand experience, there was no one you always hewed to principle with a gen- character.’’ I don’t think it’s too far of would rather be in the trenches with in uine desire to forge solutions across a stretch to say that James Madison the Senate, especially when the stakes the aisle. No wonder that earlier this must have had a Senator like GEORGE were high, than GEORGE. I will never month, Washington Post columnist VOINOVICH in mind when making this forget—and I know GEORGE won’t ei- Ruth Marcus wrote that in ‘‘both par- case. ther—how we stood side by side as ties, there are too few GREGGs, and too Before Senator VOINOVICH even stewards of fiscal accountability dur- many of them . . . are leaving public stepped onto the floor of the U.S. Sen- ing the tax cut debate in 2003. We were office.’’ I couldn’t agree more! ate he had already been Governor of certain that reducing taxes and hewing Just as Senator GREGG has rightly Ohio, mayor of Cleveland, Lieutenant to our budget concerns did not have to earned national acclaim as a fiscal Governor of Ohio, county commis- be mutually exclusive—that we could steward and sentinel on behalf of the sioner, auditor, and a member of the champion billions in tax cuts without American taxpayer, the heart of his Ohio House of Representatives. With a jeopardizing our Nation’s fiscal future by proposing offsets. leadership has always remained with wealth of insights to draw upon The fact is, once Senator VOINOVICH his beloved Granite State as well as through many years of public service, our region of New England. I well re- determined to chart a particular GEORGE has always been a force with course, he was not easily dissuaded— call the ironclad solidarity our two del- whom to be reckoned, someone whose and rightfully earned a reputation for egations have shared, particularly in viewpoint and counsel are sought, and being tireless and relentless in his pur- defending against efforts to close the whose example is worthy of being emu- suits. His moral fiber, character, and Portsmouth Naval Shipyard. Through lated many, many times over. integrity can be traced back to being each of the five Base Realignment and My husband Jock, former Governor the grandson of Serbian and Slovenian Closure, BRAC, rounds from 1988 of Maine, and I first got to know Sen- immigrants who crossed the Atlantic through 2005, we have left no stone ator VOINOVICH and his wonderful wife from Croatia at the turn of the cen- unturned to champion the cause of the of nearly 50 years, Janet, in the 1990s tury. As a proud Greek-American U.S. Navy’s oldest and best shipyard— when Jock and GEORGE were both serv- whose parents emigrated from Greece, and to ensure that the BRAC Commis- ing as Governor of their respective I see in GEORGE the same stalwart sion recognized the legendary work- States and active in the National Gov- work ethic so prevalent in my own ethic and world-class craftsmanship of ernors Association. In Ohio’s State roots and culture growing up in Maine. a workforce that is second to none. capital of Columbus, GEORGE was build- Senator VOINOVICH once said that Former Senate majority and minor- ing on his enormous success as Mayor ‘‘doing a good job at running your gov- ity leader, Senator Robert Dole, with of Cleveland where he inherited a stag- ernment is the best politics,’’ and that whom Senator GREGG and I both nant economy, rejuvenated it through ‘‘people just want you to get the job served, once observed ‘‘as long as there fiscal discipline and acumen and pub- done.’’ But for him, these weren’t plati- are only 3 to 4 people on the floor, the lic-private partnerships, and forged a tudes worthy of a government class, country is in good hands. It’s only three-time All-America City winner in they have been truly organizing tenets when you have 50 to 60 in the Senate the 1980s. that have shaped a distinguished 40– that you want to be concerned.’’ When GEORGE made similar, remarkable year tenure of serving the common JUDD GREGG was on the floor the peo- strides as Governor, where, under his good for Ohioans and the Nation. ple of New Hampshire and, indeed, the watch, unemployment hit a 25-year low In the Senate, when others refused to Nation knew that our country was in and 600,000 new jobs were created. reach across the aisle, Senator tremendously capable and conscien- Many accolades were bestowed upon VOINOVICH understood that doing so tious hands, and we could not be more GEORGE for his accomplishments at the made the system work, especially for grateful! State level, and they were all well- those who elected us in the first In thanking Senator GREGG for his earned to say the least. In fact, he is place—the American people. When po- immeasurable contributions to this still the only individual to serve as litical scorekeeping and posturing have storied chamber, I know I join all of both chairman of the National Gov- ruled the day, Senator VOINOVICH has my colleagues in wishing him and his ernors Association and president of the managed to transcend the short-term beloved wife Kathy, Godspeed, as they National League of Cities. efforts to jockey for position in favor embark on the well-earned, next chap- There are many laudatory character- of immersing himself in the substance ter of their lives. izations of Senator VOINOVICH that of the policy with the intention of GEORGE VOINOVICH have already been expressed by my col- championing it or opposing it based on Mr. President, I rise today to join in leagues, and there are certainly some the facts, not political sway or the paying tribute to my longtime good that come to mind, especially as a temper of the times. The legacy of friend and colleague, Senator GEORGE highly regarded U.S. Senator— GEORGE’s clear voice of reason and VOINOVICH of Ohio. In the U.S. Con- thoughtful, independent, principled, brave vision in this body will extend stitution, our Founding Fathers made rigorous, courageous, and pragmatic. into the next Congress and for Con- it clear that there is no one clear path, With GEORGE, you always knew where gresses to come. My only regret is that background, or station in life that he stood on an issue and frankly where the Senate could use more GEORGE leads to serving in the U.S. Senate. you stood with him. In an institution VOINOVICHs, not fewer. There is an age requirement and a resi- whose very foundation is built upon For all of his dedicated public service dency stipulation and no more. That trust and forging relationships, GEORGE to his Buckeye State and this great said, if ever there were a job descrip- was someone you could count on time land, undoubtedly, GEORGE will tell tion for being a Senator, it occurs to and time again. you that his greatest achievement is me that a model example we should And to say that Senator VOINOVICH his marriage of 39 years to his beloved consider is that of Senator GEORGE was a workhorse in this Chamber from wife Janet, their three children, and VOINOVICH. day one is an understatement to be eight grandchildren. I wish them all Senator VOINOVICH’s depth and sure. His word is as good as gold—and the best. breadth of wisdom, knowledge, and ex- as they say, you can take it to the BLANCHE LINCOLN perience about making government bank. If he shook your hand on a deal, Mr. President, I rise today to join my work at all levels which he has har- that was all that was required. The colleagues in paying tribute to Senator

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.094 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11018 CONGRESSIONAL RECORD — SENATE December 22, 2010 BLANCHE LINCOLN, one of the finest that impedes not only progress, but our chief executives of their respective public servants I have had the pleasure obligation to do the will of the Amer- States during much of that same pe- not only to know, but to work with ican people. riod. The depth and breadth of EVAN’s during our one term in the U.S. House Central to that collegiality has been insight and experience that was forged together and her distinguished 11-year our great tradition as women in the during his years as Governor would be- tenure in the Senate. Senate of getting together once a come truly indispensable as a United A seventh-generation Arkansan, Sen- month for dinner, and there is no ques- States Senator. ator LINCOLN has always been firmly tion that Senator LINCOLN’s absence Having served side-by-side with EVAN rooted in the values and the people of will be keenly felt. Appropriately, we for his entire tenure—including this her great State. Their concerns have described one of our dinners in the pro- Congress as fellow members of the Sen- been her battles—their hopes have been logue to the book we labored on to- ate Select Committee on Intelligence her cause. Her State’s bedrock values gether in the 1990s, entitled ‘‘Nine and and the Senate Committee on Small of family and faith have always been at Counting,’’ to demonstrate the Business and Entrepreneurship, where I the center of BLANCHE’s life as a daugh- progress women had made in the upper serve as ranking member—I can attest ter, wife, mother, church member, and Chamber. In it, BLANCHE is described as firsthand to his intellect, independ- Congresswoman. She has always been ‘‘ebullient, energetic, and unpre- ence, and integrity that will truly as authentic as they come, warm as she tentious—she is the picture of rep- leave an indelible mark on this institu- is determined, gracious as she is reso- resentative government.’’ That is the tion and this Nation. EVAN has also lute, and Arkansans wouldn’t have it BLANCHE LINCOLN I know and the been a next-door neighbor in my hall- any other way. BLANCHE LINCOLN I will miss. way in the Russell Senate Building. So BLANCHE understood the inherent Like all of the women I have had the I will profoundly miss seeing him not human element and dimensions of pub- honor of serving with on both sides of only in the Senate, but also simply lic service as well as anyone—that you the aisle, BLANCHE has been a bulwark walking down the hall outside my of- pursued elective office not for personal against the all-too-prevalent dynamic fice. gain, but in order to make a difference confronting the American political sys- Throughout his storied career, Sen- on behalf of others, especially for rural tem—the ongoing erosion of bipartisan- ator BAYH has reached across the aisle America. For Senator LINCOLN, the ship, cooperation, and civility. She has to find consensus on legislation to ad- phrase ‘‘The People Rule’’ was more helped bridge the partisan divide as vance both Indiana and the Nation. than her great State’s cherished motto, much as anyone, and has acted time From focusing on job growth and fight- it was an organizing principle and a and again as a catalyst for cultivating ing for America’s small businesses to clarion call which inspired her to serve. common ground in order to advance national security and trade, EVAN has The youngest woman ever elected to the common good. been a leader whose achievements the Senate and the first woman to The Arkansas State flag contains di- truly leave an indelible mark. serve as chairman of the Senate Agri- amond shapes in its center as Arkansas Indeed, I was pleased to work with culture, Nutrition, and Forestry Com- is the only State where diamonds have Senator BAYH on legislation in 2007 mittee in its 184 years of existence, been discovered. It has been the pin- that linked the troop surge in Iraq to Senator LINCOLN was making her mark nacle of generosity for Arkansans to meaningful consequences and from the first time she entered the au- share one of their gems here in our Na- telegraphed to the Iraqi Government gust Chamber of the U.S. Senate. From tion’s Capital in the form of Senator that they had to meet the benchmarks the beginning, she stood upon the BLANCHE LINCOLN. We also thank her they themselves had set. And just this mightiest of shoulders, Arkansas’s leg- husband Dr. Steve Lincoln and their year, Senator BAYH and I worked with endary Hattie Caraway, the first twin boys, Reece and Bennett, for a number of our colleagues in the Sen- woman to win a statewide U.S. Senate doing the same. ate to crack down on unfair currency race in Arkansas and the first woman EVAN BAYH manipulations in China—ensuring our to chair a U.S. Senate committee. How Mr. President, today I wish to join in government is equipped with the tools fitting it is that Senator LINCOLN paid paying a well-deserved tribute to my to adequately address inequities and homage to her predecessor by using the good friend and colleague, Senator provide consequences for countries same desk on the Senate floor that EVAN BAYH of Indiana. When it comes that violate our global trade rules by Senator Caraway used 60 years ago. to reflecting on his tremendous experi- holding down the value of their cur- I was privileged to work with Sen- ence and influence in this esteemed rency. ator LINCOLN for her entire time and Chamber for the past 12 years, the sim- Earlier, in 2001, Senator BAYH and I mine as well on the venerable Senate ple truth is that our Nation and our introduced a bipartisan resolution in Finance Committee where we were kin- government would be exponentially the Senate, as well as a subsequent dred spirits and compatriots from day improved by having more like EVAN amendment on the Senate floor, to en- one. In fact, our very first year on the BAYH serving in the United States Sen- sure that decisions on the use of the committee we forged an historic, bipar- ate. budget surpluses that were projected at tisan alliance to make the childcare A proud native of the Hoosier State— the time—whether for tax cuts or for tax credit refundable for the first time as well as a son of the legendary former spending—should be linked to the sur- ever, and the bond we formed during Senator Birch Bayh—Senator EVAN pluses actually realized. Simply put, that undertaking only increased as we BAYH is a man of unwavering principle the idea, based on a proposal first out- shepherded other dependent care issues and conviction, who has been a stal- lined by then-Federal Reserve Chair- through the years to help give families wart legislator and unparalleled guard- man Alan Greenspan, was that long- the resources to be stronger and find ian of the first branch of government term tax and spending plans should in- empowerment through work. over his two terms serving the people clude a kind of ‘‘trigger’’ mechanism Senator LINCOLN and I, as the former of Indiana. Born in Shirkieville, edu- that limits the surplus-reducing im- chair and current ranking member of cated at Indiana University, and a pact of those proposals if budget tar- the Senate Committee on Small Busi- graduate of the University of Virginia gets weren’t achieved, such as specific ness and Entrepreneurship, also joined Law School, Senator BAYH went on to levels of debt reduction. forces on the Small Business Health clerk for a Federal court judge, eventu- We believed such a trigger would pro- Options Program, or the so-called ally being elected as Indiana’s sec- vide a strong incentive for Congress to SHOP Act, to increase the number of retary of state in 1986. act responsibly in the future allocation insurers available to small businesses, Yet even before Senator BAYH of any surpluses, while also serving as so that these engines of our economy stepped onto the floor of the United a ‘‘backstop’’ should estimates prove could benefit from greater competi- States Senate he had already served too optimistic. As I said at the time, tion. On issue after issue, I valued our two terms as Governor of Indiana, be- we should have been utilizing those collaborations, our mutual respect, and ginning in 1988. In fact, that is where I surpluses as a window of opportunity our common desire to achieve results first got to know him as both he and to address our most pressing domestic and jettison the partisan bickering my husband, John McKernan, were issues, such as strengthening Social

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.069 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11019 Security and Medicare. And frankly, It has been both a privilege and a the Darfur Peace and Accountability how prescient that trigger mechanism pleasure serving alongside SAM during Act of 2006. Enacted that same year, proved to be—just imagine where we these past 16 years. All of us who seek this law created sanctions against indi- might be today if it had passed nearly public service want to make a dif- viduals and groups responsible for the 10 years ago. ference, and most certainly, SAM terrible crime of genocide in Darfur, In multiple facets, Senator BAYH has BROWNBACK has done that. In these en- while establishing measures to protect been an esteemed colleague and friend deavors I have enjoyed working with civilians and humanitarian efforts in our mutual cause to revitalize and SAM in achieving some note worthy ac- within the borders of Sudan. advance the political center—in our complishments for our State of Kansas. The more SAM did, the more he felt concerted effort to answer the chal- As I reflect upon our mutual efforts, it called to do, and no one did more for lenges facing our Nation by producing is hard to figure out who was driving the protection of victims of human results, not rancor, and accord instead the stage and who was riding shotgun. trafficking than SAM. In 2000, he helped of acrimony. His departure not only di- Simply put, it has been a team effort, enact the Trafficking Victims Protec- minishes the Senate, but is also a loss and I have been both humbled and tion Act. This law created criminal for the country—because we require proud to work with my colleague who punishments for individuals caught in more voices seeking to craft com- has provided unique and respected lead- the United States operating as traf- promise and consensus to forge solu- ership. SAM’s record speaks for itself: fickers. It established an annual re- tions, not fewer. bringing the Big Red One back home to porting mechanism to help track indi- I have long argued that the legisla- viduals engaged in sex trafficking and tive stalemate and political quagmire Fort Riley, KS, where it started and created a new immigration status for that has gripped much of this Congress now belongs; bringing the National victims of sex trafficking. has been to the detriment of our coun- Bio- and Agro-Defense Facility, NBAF, Lastly, I believe SAM’s prominence try—especially at a time when our Na- to Manhattan, KS; ensuring fair treat- during his time in the Senate had a tion faces a number of challenges, not ment of the general aviation industry great deal to do with his willingness to the least of which is a struggling econ- in FAA bills; and working together to omy that has caused far too many rebuild Greensburg, KS, after 95 per- work across party lines on issues where Americans to lose their jobs and their cent of the community was literally he could seek and find common passion and ground. paychecks. In February, Senator BAYH blown away by an EF5 tornado. The legislative item I think will wrote an op-ed for the New York Times But beyond our work together on in which he said, ‘‘The most ideologi- State specific issues, it is SAM’s Fed- leave the largest impact on many of us cally devoted elements in both parties eral legislative initiatives that I think in the Senate is the bill upon which he must accept that not every com- will have the longest impact on the worked tirelessly with the late Senator promise is a sign of betrayal or an indi- Senate and the lives of so many people, Ted Kennedy. Signed into law by President Bush, cation of moral lassitude. When too pot only within Kansas and our Nation many of our citizens take an all-or- but, indeed, around the world. the Prenatally and Postnatally Diag- nothing approach, we should not be Since the late 1970s, the term ‘‘com- nosed Conditions Act provides those surprised when nothing is the result.’’ I passionate conservative’’ has been families with children diagnosed with could not agree more—and Senator tossed around quite a bit to describe a Down Syndrome the support services and networks they need to help them BAYH’s advocacy of moderation and philosophy—a philosophy that states reason in this body will truly be by applying conservative ideals, our deal with the unique challenges they missed. government can best improve the wel- face. Put another way, what better leg- President Theodore Roosevelt once fare of our society. I think many of my islation to help protect the lives of said that ‘‘far and away the best prize colleagues would agree that if anyone those in our Nation uniquely chal- that life has to offer is the chance to in public service over the past 30 years lenged but who deserve every right to work hard at work worth doing.’’ Well, embodies this philosophy, it would be the same opportunities we all enjoy ev- if ever there were a Senator who epito- SAM BROWNBACK. eryday. mizes that sentiment, it is Senator What is unique about SAM and his ap- I could easily and proudly recount BAYH as he has given his very best to proach to politics these past 16 years is many more of SAM’s achievements dur- make an already great Nation greater that his ideas went beyond words and ing his time in the Senate, but I would still. I wish EVAN, his wife, Susan, and rhetoric. The SAM BROWNBACK ap- do so in danger of SAM saying their two sons, Beau and Nick, all the proach was simple but effective. He ap- ‘‘enough’’ and giving me ‘‘the hook.’’ I best for the future. plied his beliefs to action, reflected by have often said that the high road of JUDD GREGG the many legislative accomplishments humility is not often bothered by Mr. COCHRAN. Mr. President, it has he championed during his tenure in the heavy traffic in Washington, but in been a great pleasure and honor to Senate. SAM BROWNBACK, we have indeed en- serve in this body with JUDD GREGG. He SAM is a big believer in forgiveness joyed the friendship of a humble man. and his wife Kathy have enriched our and second chances. How to put that In closing, I leave my colleagues with lives with their friendship and their belief into action? SAM introduced a one of Senator BROWNBACK’s favorite contributions to the work and respon- bill that really shows his heart for quotes that I think sums up the man sibilities of the U.S. Senate. those in society who many times are that SAM is and the love he has for all JUDD’s leadership on the Budget and not given an opportunity to make people, regardless of their nationality Appropriations Committees have been amends: the Second Chance Act. or place in society. especially important and worthy of Signed into law during the Bush ad- SAM likes to say: ‘‘ I am pro-life and high praise. ministration, this act created a grant whole-life. Applying this belief to the His sense of humor has helped make program for State and local govern- child in the womb and to the child in our service in the Senate an enjoyable ments to fund job training and family Darfur. It includes the man in prison experience. mentoring programs to help re- and the woman in poverty. It does not I wish for him and his family all the integrate past offenders as they are fail to cherish the child with Down best in the years ahead. granted release back into society. syndrome or stand for the inherent dig- SAM BROWNBACK But SAM’s legislative victories did nity of the immigrant.’’ Mr. ROBERTS. Mr. President, I rise not focus solely on domestic issues. SAM, I remember the first campaign today to honor the service of my friend SAM has a great love for the continent rally we attended together. The fea- and colleague SAM BROWNBACK. SAM of Africa. tured guest speaker, Senator Phil was elected to the House of Represent- Serving on the Senate Foreign Rela- Gramm of Texas, introduced me as one atives in 1994 during the Republican tions Committee, he traveled to Africa who made significant changes in the Revolution and was subsequently elect- on multiple occasions to gain a better House of Representatives and then ined to the Senate 2 years later when understanding of how he could help troduced SAM as: ‘‘One who not only former majority leader Bob Dole made provide relief to those most vulnerable. wants to change things, but to make his bid for the White House. His experiences led him to champion the right changes.’’

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.070 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11020 CONGRESSIONAL RECORD — SENATE December 22, 2010 SAM, you have done just that and it ly matter. His impact will be felt for LEMIEUX, BLANCHE LINCOLN, ARLEN has been an honor to serve with you generations, not just decades, but for SPECTER, and GEORGE VOINOVICH each over these past 16 years. I thank you generations. left an indelible mark on the Senate, for your courtesy, cooperation, leader- There was a history book of our and I wish them well as they take on ship, example and your friendship and State that came out in the year 2002. It new challenges and opportunities into support. As you head west, my friend, was a series of stories, essays and chap- the future. to lead our beloved State of Kansas, I ters on the history of Pennsylvania, I would like to speak briefly about a look forward to continued cooperation and it is a fascinating review of the few of the Senators I knew best and and success. The people of Kansas are State’s history. The foreword of that served with in committees to recognize in good hands. God bless. publication, that book, was written by their contributions and accomplish- ARLEN SPECTER Brent D. Glass, at the time the execu- ments and share my fond memories of Mr. CASEY. Mr. President, when I tive director of the Pennsylvania His- them and the legacies they will leave came to the Senate in 2007 as a Sen- torical Museum Commission. He wrote behind. ator-elect, one of the first things I did this in March 2002. It is a long foreword BOB BENNETT was to go see Senator SPECTER. He which I won’t read, but he wrote in the For nearly two decades, Senator BOB asked me at the time to go to lunch, early part of this foreword the fol- BENNETT has honorably served the peo- and from the moment that I arrived in lowing, ‘‘One way to understand the ple of Utah. the Senate, he made it very clear to meaning of Pennsylvania’s past is to His career in the U.S. Senate has me, not only did the people of Pennsyl- examine certain places around the been marked by his commonsense solu- vania expect, but he expected as well state that are recognized for their sig- tions to many of the most pressing that we work together. From the be- nificance to the entire nation.’’ Then issues facing our country. ginning of his service here in the he lists and describes in detail signifi- Before serving in the Senate, BOB was United States Senate, way back when cant places in Pennsylvania that have a successful entrepreneur as the CEO of he was elected in 1980, all the way up to a connection to our history, whether Franklin International Institute. the present moment, he has been a it’s the Liberty Bell or the battlefield Under BENNETT’S leadership, the busi- Senator who has focused on building at Gettysburg, whether it’s the farms ness grew from 4 employees to more bipartisan relationships and, of course, in our Amish communities or whether than 1,000 and was listed on the New focusing on Pennsylvania priorities. it’s some other place of historic signifi- York Stock Exchange. I have been honored to have worked cance. BOB brought his past experiences run- with him on so many Pennsylvania pri- I have no doubt whatsoever that if ning a successful company with him to orities, whether it was veterans or the same history were recounted about the Senate. His business sense was cer- workers, whether it was dairy farmers the people of Pennsylvania, the people tainly an asset that informed his deci- or the economy of Pennsylvania, or who moved Pennsylvania forward, the sions as a U.S. Senator and made him whether it was our soldiers, or our chil- people who in addition to moving our an effective advocate for businesses, dren, or our families. He has been a State forward had an impact on the large and small, who keep our economy champion for our state, and he has Nation; if we had to make a list of strong. Being a former businessowner shown younger Senators the way to Pennsylvanians who made such con- myself, I valued his pragmatic perspec- work together in the interest of our tributions; whether it would be Wil- tive and ability to get things done. state and our country. That bipartisan- liam Penn, Benjamin Franklin, you As a senior member of the Senate ship wasn’t just a sentiment. He is a can fill in the blanks from there, I have Banking Committee and a member of legislator who sought compromise that no doubt that that list would include the distinguished Joint Economic Com- led to results in a Senate often divided Senator ARLEN SPECTER, a son of Kan- mittee, BOB has been a leader in many by partisanship. sas who made Pennsylvania his home, national economic policy decisions. His record is long, so I will only high- a son of Kansas who fought every day In addition, while serving as the light a few areas. for the people of Pennsylvania. ranking republican on the Senate Ap- He helped to lead the effort to dra- So it is the work and the achieve- propriations Subcommittee on Energy matically increase funding for the Na- ments and the passion and the results and Water, he has worked to address tional Institutes of Health, that great in those years in the Senate that will the critical funding needs our country generator of discoveries that cure dis- put him on a very short list of those faces on a wide range of energy and eases and create jobs and hope for peo- who contributed so much to our Com- water related issues. ple often without hope because of a dis- monwealth that we love and to our I am proud to have served with BOB ease or a malady of one kind or an- country that we cherish. for so many years, and his leadership other. So for all that and for so many other and kind manner will be sorely missed His experience working on a farm as reasons, I, as a resident of Pennsyl- in the Senate. a boy, Kansas not in Pennsylvania, vania and a citizen of the United JIM BUNNING helped him to understand and work on States, but as a Senator, want to ex- I wish Senator JIM BUNNING well as problems affecting Pennsylvania agri- press my gratitude to Senator ARLEN he departs the Senate. Much of his leg- culture and farm families. SPECTER for his 30 years of service, but acy can be defined by his competitive He stood up for Pennsylvania indus- especially for what those 30 years spirit and strong work ethic. These at- try and workers against subsidized or meant to the people of Pennsylvania. tributes have been evident throughout dumped products that hurt Pennsylva- Thank you, Senator SPECTER. his many successes in life, first in his nia’s steel industry. Mrs. HUTCHISON. Mr. President, I career as a Hall of Fame baseball play- He fought to bring Federal funding would like to take a few minutes to er and then later as a public servant, back to Pennsylvania to create jobs, pay tribute to the 16 Senators who will representing the people of Kentucky. build infrastructure and invest in local be departing this body at the end of the Being an avid sports fan myself, I hold communities. year. deep admiration for those who can play No Senator in the history of the I am grateful for the opportunity I at the highest levels of competitive Commonwealth has served longer than have had to serve alongside each of sports and later bring that drive to the Senator SPECTER. In fact, the Senator these Senators as colleagues and as Senate! that he outdistanced in a sense, in friends. All served their States with Following his highly successful pro- terms of service, was only elected by distinction and gave their constituents fessional baseball career for 17 years, the people twice after several terms strong voices in the world’s greatest JIM decided he wanted to give back to elected by the state legislature. Sen- deliberative body. Senators EVAN his community. In 1977, he ran for city ator SPECTER was elected by the people BAYH, ROBERT BENNETT, KIT BOND, SAM council and then later ran for the Ken- of Pennsylvania five times, but it is BROWNBACK, JIM BUNNING, Roland tucky State Senate eventually becom- the life in those Senate years, the con- Burris, CHRIS DODD, BYRON DORGAN, ing the Republican leader. tribution to our Commonwealth and RUSS FEINGOLD, Carte Goodwin, JUDD In 1986, JIM was elected to the U.S. our country in those 30 years that real- GREGG, TED KAUFMAN, GEORGE House of Representatives for the 4th

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.088 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11021 District of Kentucky, where he served established himself as a leader on a The legislation accelerated the mod- for 12 years before being elected to the wide range of issues. ernization of the Nation’s air traffic U.S. Senate in 1998. During his tenure in the Senate, he control, ATC system, addressed critical During JIM’s tenure in Congress, he has supported aviation research and ex- safety concerns in the national air- has established himself as an expert panded global aviation markets. space system, NAS, and improved rural and defender of social security, fight- Through these efforts, he has effec- community access to air service. ing hard to protect social security for tively spurred economic growth and I appreciated BYRON’s willingness to current and future generations. strengthened the U.S. military. champion good ideas put forward by His hard work and devotion will be Some of SAM’s most distinguishing members from either side of the aisle. missed by the people of Kentucky, characteristics are his personal integ- By focusing on issues where consensus whom I know are grateful for his many rity and his commitment to his Catho- could be achieved, he helped to move years of service. lic faith. These principles came the debate forward on important issues KIT BOND through in much of what he did in the and solve problems. KIT BOND has a long and distin- Senate. I will always appreciate his Senator DORGAN leaves the Senate guished history of service to the people passion and his work to translate his with my best wishes and respect. of Missouri. As one of the longest serv- beliefs into his actions as a U.S. Sen- JUDD GREGG ing Members in the U.S. Senate and a ator. As a leading voice for fiscal responsi- former two-term Governor, his life’s I am confident Senator BROWNBACK bility, Senator JUDD GREGG will be work has been dedicated to the State of will continue to serve the people of deeply missed in the Senate. Missouri. Kansas with the same character and Throughout his long and distin- In the Senate, KIT has been a re- dedication in his new role as governor. guished career, with unparalleled com- spected leader on many issues, such as CHRIS DODD mitment to fiscal discipline, Senator national security, transportation, and Senator CHRIS DODD departs the Sen- GREGG worked to address many press- global economic competiveness. While ate after nearly three decades faith- ing issues. serving as the vice chairman on the fully representing the people of Con- Senator GREGG is a well known budg- Senate Select Intelligence Committee, necticut. et expert and national leader on the he has worked hard to strengthen na- From his service in the Peace Corps, most critical issues facing our country tional security through supporting the the U.S. Army National Guard and Re- in recent years, notably health care, U.S. military and reforming the Na- serves as well as his many years in the economic issues, and financial regulation’s intelligence community. And as U.S. Senate, Senator DODD’s commit- tion. the leader of the Senate National ment to public service and love for his His efforts to address the looming en- Guard Caucus, no one has done more to country have been evident throughout titlement crisis, the rising cost of support the role of the National Guard his life. health care, and the inefficient and in our defense. CHRIS was a leader in the Senate, complex tax system are commendable KIT and I have worked on many serving as the chairman of the Bank- and serve as an example to all elected issues together during our time in the ing, Housing and Urban Affairs Com- officials. Senate. In particular, last year when mittee, chairman of the Foreign Rela- In the Senate, Senator GREGG has Democratic lawmakers tried to push tions Subcommittee on Western Hemi- also focused his efforts on helping the cap-and-trade bills through Congress, sphere, Peace Corps, and Narcotics, and U.S. maintain its position as the lead- KIT and I released the report, ‘‘Climate chairman of its Children and Families ing destination for capital and invest- Change Legislation: A $3.6 Trillion Gas Subcommittee. ment in the world. Tax.’’ Although we had our differences on I appreciate the job Senator GREGG Our joint report revealed how cli- various policy issues, I always appre- has done in his position as the former mate legislation would result in a mas- ciated his willingness to put partisan- chairman and current ranking member sive new national gas tax on American ship aside to reach consensus when pos- of the Budget Committee. families, farmers, workers and truck- sible in order to improve legislation. In 2006, JUDD sponsored an amend- ers—by increasing the price of gaso- For instance, earlier this year when ment that strengthened border secu- line, diesel, and jet fuel. working on the financial reform bill, rity by providing resources to inte- It has been my pleasure to serve with despite my public opposition to the leg- grate biometric databases as well as Senator BOND. His office has been next islation, CHRIS worked with me to in- construction of new stations and check to mine for 12 years and it will not be corporate my amendments in the final points and tactical infrastructure for the same without that familiar cigar version of the bill. I ultimately voted immigration and customs enforcement. aroma lingering in the second floor against the bill, but I am grateful for Unlike other similar proposals at the halls of Russell. Without a doubt, he the efforts he made to include my time, his amendment was offset and did will be missed by his colleagues in the amendments. not add to the deficit. Senate and his constituents in Mis- Today we bid him farewell after 29 I will miss working with him in this souri. years of tireless service in the U.S. Chamber, and I will miss his friendship SAM BROWNBACK Senate. and support on the issues that matter While Senator SAM BROWNBACK will BYRON DORGAN most to America. certainly be missed by the Senate, the Today we say goodbye to Senator In conclusion, the departing Sen- people of Kansas will continue to ben- BYRON DORGAN after 18 years in the ators’ contributions, their dedicated efit from his leadership, as he serves as Senate, serving the State of North Da- service, and the issues they cham- their newly-elected Governor. kota. pioned will be remembered long after Prior to being elected to public of- First elected to Congress in 1980, their final days in the Senate. fice, SAM’s professional experiences in- DORGAN has devoted his career to serv- I believe I can speak for my fellow clude working as a radio broadcaster, ing North Dakota and fighting for the Senators when I say that we will all attorney, teacher, and administrator. interests of rural America. miss our departing friends. From these varied professional expe- After serving six terms in the U.S. Ms. MURKOWSKI. Mr. President, riences he brought with him a unique House of Representatives, BYRON was when the 111th Congress draws to a and dynamic perspective to the U.S. elected to the U.S. Senate in 1992. close, we will bid farewell to 16 col- Senate. I have had the pleasure to serve with leagues who have collectively given Through his leadership as the rank- Senator DORGAN on the Senate Com- more than 200 years of service to our ing member on the Joint Economic merce Committee. Last summer, we Nation through their service in the Committee, ranking member of the Ap- joined together with several of our col- Senate. These include seven of the Sen- propriations Subcommittee on Agri- leagues in the Senate to introduce bi- ate’s most experienced Members. Peo- culture, and ranking member of the partisan legislation that reauthorized ple like CHRIS DODD and ARLEN SPEC- Energy and Natural Resource Sub- the Federal Aviation Administration, TER who have each served five terms in committee on Water and Power, SAM FAA. the Senate. KIT BOND who has served

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.088 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11022 CONGRESSIONAL RECORD — SENATE December 22, 2010 four terms and BOB BENNETT, BYRON included in the National Defense Au- nett. She is truly a wonderful colleague DORGAN, RUSS FEINGOLD, and JUDD thorization Act for Fiscal Year 2010. I to work with. A centrist who com- GREGG, who have each served three will continue to pursue the remaining fortably works across the aisle and terms in this Chamber. provisions in the new Congress. votes her convictions. One of the When the 112th Congress convenes in SAM BROWNBACK has forever earned a kindest people in the Senate. I expect January, the ranks of women Senators place in the heart of our first Ameri- great things of BLANCHE LINCOLN in the will be reduced by one. In fact, the cans for his work on the adoption of a future and I have every confidence she 112th Congress will be the first Con- joint resolution apologizing to Amer- will deliver on that prediction. gress in recent memory in which the ican Indians and Alaska Natives for It has been an honor and a pleasure total number of women Senators will centuries of ill conceived policies car- to serve with each of the people who actually decline. And with the depar- ried out by our Federal Government. will leave this Chamber when we ad- ture of our colleague, Roland Burris, He is known around the world as a journ sine die. Each has made substan- there will not be a single African- champion of religious freedom as well. tial contributions to their States, to American Senator when the new Con- GEORGE VOINOVICH came to the Sen- the Nation and to the Senate during gress convenes. ate after a distinguished career that in- their time here. In January we will feel the loss of the cluded service as Governor of the State f of Ohio and mayor of the city of Cleve- great pitching ace, JIM BUNNING, and DIESEL EMISSIONS REDUCTION land. He has made a substantial con- EVAN BAYH, both respected colleagues ACT on the Energy and Natural Resources tribution to the efficient operation of Committee. They are among six of my our federal government as a leader of Mr. CARPER. Mr. President, I am Energy Committee colleagues who are the Homeland Security and Govern- joined by my colleague, Senator leaving the Senate this year. mental Affairs Committee. I appreciate VOINOVICH, in support of the passage of JUDD GREGG, one of our Nation’s fore- his support of the effort that Senator the Diesel Emissions Reduction Act of most experts on the Federal budget AKAKA and I advanced, along with oth- 2010, DERA. The folks of Ohio and leaves us at the end of the year. As this ers, to make locality pay available to Delaware sent us to Washington to find Senate comes to grips with the chal- Federal employees in Alaska and Ha- ideas that will work, ideas we can all lenges of a rising deficit and economic waii through the Non-Foreign Act of agree on to make our country even bet- stagnation we will miss his firm hand 2009. ter. An idea that works is the Diesel and thoughtful guidance. My neighbor I would like to say a few words about Emissions Reduction Act or DERA. The DERA program is one of the best in the Hart Senate Office Building, my friend BYRON DORGAN. In 2007, fol- actions our government has taken to ARLEN SPECTER, is one of the Senate’s lowing the sudden and unexpected improve air quality and help States most independent voices and perhaps death of our friend and colleague Craig and localities meet air quality stand- the best friend that the National Insti- Thomas, I was elevated to vice chair of the Senate Committee on Indian Af- ards. First authorized in the Energy tutes of Health, and every American Policy Act of 2005, DERA has provided fairs. Senator DORGAN was the chair- who benefits from its cutting edge re- funding for the modernization of our man of that committee. Last week search, has ever had on Capitol Hill. Nation’s old diesel fleet in the United both of us had the honor of addressing BOB BENNETT, one of the most thought- States through voluntary national and the National Congress of American In- ful among us, who draws wisdom from State-level grant and loan programs. dians at one of the meetings that pre- experience as an entrepreneur as well Since its enactment in 2005, DERA has ceded President Obama’s tribal sum- as in public service, will not be among provided significant public health ben- mit. Each of us reflected on that fact us. I learned much from Senator BEN- efits, improved our national energy se- that the committee has highly produc- NETT during the period that he served curity, and helped create jobs. Cur- tive during the period we shared the as counselor to the Republican leader rently, DERA helps clean up more than and I served as vice chair of the Senate gavel. During our time together the 14,000 diesel-powered vehicles and Republican Conference. committee laid the groundwork for re- equipment across the country, which I would also like to acknowledge con- authorization of the Indian Health has reduced emissions while employing tributions of KIT BOND, one of the fore- Care Improvement Act, more than a thousands of workers who manufac- most experts on our Nation’s transpor- decade in the making. We reauthorized ture, sell or repair diesel vehicles and tation and infrastructure needs. I ap- the Native American Housing Assist- their components in each State. preciate Senator BOND’s interest in un- ance and Self Determination Act, we The Environmental Protection Agen- derstanding the unique transportation pursued a settlement of the Cobell liti- cy has estimated that there are still and infrastructure challenges that we gation, and we crafted and introduced millions of older diesel engines now in in Alaska, the largest State in our the Tribal Law and Order Act, which use and need to be replaced or retro- Union in terms of land mass and one of President Obama signed into law ear- fitted. To meet this need, the Diesel the youngest must contend with. Sen- lier this year. Senator DORGAN has con- Emissions Reduction Act of 2010 au- ator BOND, like all of us, wears many sistently championed adequate funding thorizes the continuation of this suc- hats in this institution. He has also for the Indian Health Service and he cessful program for 2012 through 2016. earned the undying respect of our Na- has come to the floor on many occa- It also slightly modifies the program to tion’s citizen soldiers through his lead- sions to speak to the unacceptable improve its effectiveness and adminis- ership of the Senate National Guard rates of suicide among Native youth. I tration. Despite the significant bene- Caucus. am pleased to know that he will con- fits and need for DERA, the legislation One of CHRIS DODD’S legacies to the tinue this work after he leaves the Sen- set the authorization levels for 2012 Nation is legislation to ensure that the ate. It comes from the heart. through 2016 at half the levels of that unique needs of children are addressed As I noted at the outset, 2011 will be for 2007 through 2011. The authorizing in our Nation’s response to cata- the first year in recent memory that levels were reduced to be more in line strophic disasters. I was honored to the number of women serving in the with what has been normally appro- partner with Senator DODD in helping Senate has actually declined. All of the priated for the program. The cut in au- to pass this legislation. women of the Senate will miss our dear thorization levels in no way reflects RUSS FEINGOLD may have earned his friend and highly respected colleague the need for the program and in no way place in history for his work on cam- BLANCHE LINCOLN. BLANCHE LINCOLN should be interpreted as an indication paign finance reform but I will also ap- made history in her own right when that funding levels should be de- preciate him for his efforts to ensure she became the youngest woman ever creased. that members of the National Guard elected to the Senate at the age of 38. Senator VOINOVICH and I would like and Reserve do not fall through the Senator LINCOLN represented the peo- to thank the President and our col- cracks when they return home with ple of Arkansas with distinction for leagues for their support of DERA. We battlefield injuries. Senator FEINGOLD two terms, juggling a demanding ca- are proud that this commonsense ap- and I teamed on the Wounded Warrior reer in public service while raising two proach to creating jobs and cleaning up Transition Act, a portion of which was wonderful twin boys Reece and Ben- our Nation’s air will become law.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.089 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11023 CONTINUING RESOLUTION viously unseen and largely unregulated that parents know the qualifications of Mr. REED. Mr. President, I want to over-the-counter derivatives market their children’s teachers. Under the No make a few observations about the con- and the hedge fund markets. It has new Child Left Behind Act, enacted in 2002, tinuing resolution and the appropria- responsibilities over credit rating a highly qualified teacher must have tions process this year. agencies, including annual exams. obtained full state certification, which First, I want to commend Chairman We should not make the past mistake may include certification obtained INOUYE for his leadership and efforts to of underfunding the SEC. This agency through alternative routes. The Bush accommodate the views and input of is critical to restoring the confidence administration published regulations all senators in crafting the omnibus ap- of retirees and investors in the United allowing that a teacher who is merely propriations bill. He went a long way States capital markets, so that they enrolled in or making progress toward to meet the demands of the minority will again invest in American compa- state certification to be deemed highly leader and other senators to include a nies, helping inject new life into our qualified. Parents in California have $29 billion cut from the budget level re- economy. We should not be penny-wise challenged the regulation in the courts quested by the President. Indeed, I was and pound-foolish. Continuing to and have won a favorable decision on deeply disappointed that the proposed starve the SEC of the funds it needs to appeal. Quite simply, they want to omnibus would have eliminated the police markets will ultimately make it know whether their children’s teachers Leveraging Educational Assistance more likely to see a major fraud. Any are fully certified or just in the process Program, LEAP. For more than a dec- incremental savings will be cold com- of becoming certified. This provision ade, I worked with states, educators, fort for the losses incurred by tax- prevents them from knowing that. and others to reauthorize and fund this payers and investors. I am also deeply disappointed that program, which uses Federal resources Likewise, I believe we need to fully this CR does not contain important to leverage additional state aid to help fund the Commodity Futures Trading language that would have allowed the low income students attend college. As Commission. At a hearing that Senator Department of Defense to reprogram much as I was dissatisfied by this out- LEVIN and I held on December 8, 2010, funds for new starts, increases in pro- come, I was prepared to vote for this Chairman Gensler informed us that his duction, or other realignments. This bill because it is far superior to the in- agency is going to be woefully short of provision would have given the Depart- efficiencies and consequences of a con- resources. The continuing resolution ment further flexibility to ensure crit- tinuing resolution. I am disappointed for the CFTC will leave them about ical defense programs stay on schedule that such a significant compromise was $116 million short of the funding level and on cost. This is especially impor- blocked by the other side of the aisle. included in the omnibus. tant for the Navy’s ship construction Instead, we are being forced to adopt I hope that we will have chance to programs—programs that the Navy a short-term continuing resolution, address these critical shortfalls in the supports, were authorized by the De- CR, through March 4, 2011. With few ex- next funding vehicle to come before the fense Authorization Act, and employ ceptions, the CR provides no direction Senate. thousands of Rhode Islanders. from Congress on how funds can be While it is true that overall the 36- Without this provision, the Navy, used, while at the same time failing to page CR did not provide sufficient di- and all of the services, will be further make critical adjustments and invest- rection and oversight, it is important limited and constrained to execute pro- ments for certain programs and agen- to acknowledge that the CR does make grams within the funding levels set cies. Critics of the omnibus appropria- a few adjustments—some that are es- last year. tions bill should understand that un- sential and others which I believe de- I have described some of the pitfalls like the thoughtful, lengthy, and open served greater consideration. with this CR. It is a crude instrument appropriations process that produced I want to applaud the addition of lan- that has many shortcomings. Regret- the omnibus, this CR was put together guage in the CR that requires the De- tably, the decision by our colleagues on quickly without the input of most sen- partment of Health and Human Serv- the other side of the aisle to walk away ators. As a result, it is hardly a ices to obligate the same amount of from the omnibus placed the continued thoughtful instrument for funding the funding for the Low Income Home En- operation of government agencies from government. ergy Assistance Program as it did dur- the Pentagon to the FBI to the FDA to I am particularly concerned about ing the same period last year. This will the Treasury at risk. Adopting the CR, the impact the CR will have on the ca- make a total of $3.95 billion available notwithstanding its significant flaws, pabilities of the Securities and Ex- to low-income families and individuals is the only responsible option avail- change Commission to provide robust during the cold winter months. I hope able. In the coming months, it is my oversight of financial markets. that in the final appropriations bill we hope that we can craft a full year fund- Fair and orderly markets are critical will meet the bipartisan request of 44 ing measure that corrects the serious to restoring confidence in the Amer- Senators to fully fund this program at issues the CR has created and failed to ican economy. Despite considerable in- the $5.1 billion level for the entirety of address. creases in the number of firms it is re- fiscal year 2011. f quired to oversee and tremendous I am also pleased that the CR ad- growth in the size and complexity of dresses funding for the Pell grant. Ac- STORMWATER POLLUTION the securities markets and products it cording to recent estimates from the Mr. CARDIN. Mr. President, today regulates, the SEC’s workforce and Office of Management and Budget, stu- the Congress stands ready to approve technology investments are only now dents would have faced a reduction of S. 3481, a bill to clarify Federal respon- returning to the levels of five years as much as $1,840 from the maximum sibility to pay for stormwater pollu- ago. grant. The CR will address the short- tion. This legislation, which will soon Under the CR, the SEC will be funded fall and ensure that we can maintain become law, requires the Federal gov- at the fiscal year 2010 rate, which is the Pell grant maximum at $5,550. De- ernment to pay localities for reason- nearly $200 million less than what was spite the economic hardships families able costs associated with the control included during bipartisan negotiations are facing, they continue to prioritize and abatement of pollution that is on the omnibus. Without the omnibus’s education. They know that it is the originating on its properties. At stake funding level, the SEC will have to halt foundation for our economic recovery is a fundamental issue of equity: pol- several technology projects and forgo and future prosperity. We must keep luters should be financially responsible replacement of departing staff. Short- our end of the bargain by maintaining for the pollution that they cause. That changing the SEC will also make it ex- our commitment to the Pell grant. includes the Federal Government. traordinarily difficult to fulfill new I am, however, concerned that the CR Annually hundreds of thousands of statutory requirements under the includes a provision to codify a mis- pounds of pollutants wash off the hard- Dodd-Frank Wall Street Reform and guided Bush-era regulation that under- ened surfaces in urban areas and into Consumer Protection Act. The SEC has mines our central goal of ensuring that local rivers and streams, threatening been tasked with helping establish an students in high poverty schools are the health of our citizens and causing effective regulatory system for the pre- taught by highly qualified teachers and significant environmental degradation.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.085 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11024 CONGRESSIONAL RECORD — SENATE December 22, 2010 A one-acre parking lot produces about After years of unsupervised gambling Last week, in a historic step, we re- 16 times the volume of runoff that on Wall Street fueled an unsustainable pealed the discriminatory don’t ask, comes from a one-acre meadow. These housing bubble, we inherited the worst don’t tell policy that has banned gays pollutants include heavy metals, nitro- economic crisis since the Great Depres- and lesbians from serving openly in the gen and phosphorous, oil and grease, sion. We helped bring our economy U.S. military. Back in 1993, I offered an pesticides, bacteria (including deadly e. back from the brink by taking bold ac- amendment on the Senate floor to keep coli), sediment, toxic chemicals, and tion. this unjust policy from being codified debris. Indeed, stormwater runoff is the We passed the Economic Recovery into law. Now, 17 years later, I am so largest source sector for many imper- Act, which has created or saved more proud to witness this incredible victory iled bodies of water across the country. than 350,000 jobs in my home State of for civil rights, equality and a stronger According to the Environmental Pro- California alone. nation. tection Agency, stormwater pollution We approved the bipartisan HIRE I was also proud to join in confirming affects all types of water bodies includ- Act—a jobs package that cut taxes for two new Supreme Court Justices— ing in order of severity; ocean shore- companies that hire unemployed work- Sonia Sotomayor, the first Latina to line, estuaries such as the Chesapeake ers and extended the highway trust serve on the high court, and Elena Bay, Great Lakes shorelines, lakes and fund. As chairman of the Senate Envi- Kagan. When Kagan was sworn in this rivers. Degraded aquatic habitats are ronment and Public Works Committee, fall, it marked the first time our country has had three women serving to- found everywhere that stormwater en- I was pleased to help advance this critical measure to protect more than 1 gether on the Supreme Court. ters local waterways. We also confirmed some highly quali- We added a provision to the bill in million jobs nationwide building our fied and historic judicial nominees order to rectify a specific problem in roads, bridges and transit systems. We helped small businesses—which from California this Congress—includ- the District of Columbia, where the De- ing Judge Lucy Koh for the Northern are the true engines of our economic partment of Treasury has been paying District of California, Judge Jac- growth—by passing the Small Business some stormwater fees. The provision queline Nguyen for the Central District Jobs and Credit Act. I was proud to simply says that agencies and depart- of California, Judge Dolly Gee for the join with Senator JEFF MERKLEY to ments should use their annual appro- Central District of California, and priated funds to pay for stormwater create the new $30 billion small busi- Judge Kimberly Mueller for the East- fees. This is exactly what they all do ness lending fund, which will help com- ern District of California. today in paying for their drinking munity banks give small businesses the The 111th Congress also took momen- water and wastewater bills or any credit they need to create hundreds of tous steps forward in protecting con- other utility bill, for that matter. This thousands of new jobs. sumers, children and all our families. new language requires that Congress We approved legislation to help save We passed a landmark health care re- make available, in appropriations acts, up to 16,500 teacher jobs in California— form bill that will extend coverage to 7 the funds that could be used for this and nearly 160,000 teachers’ jobs na- million uninsured Californians, help purpose. It does not mean that the ap- tionwide—and paid for it by closing tax seniors pay for prescription drugs, pro- propriations act would need to state loopholes for companies that ship jobs vide tax credits to help small business specifically or expressly that the funds overseas. owners afford coverage, and ensure could be used to pay these charges. The We worked across the aisle to give that insurance companies can no legislative language doesn’t say that, much-needed tax relief to millions of longer deny coverage because of pre- and I want to be perfectly clear that middle-class families and extend unem- existing conditions. such a restrictive reading is not our in- ployment insurance for 2 million out- We approved legislation to allow the tent. of-work Americans and 400,000 Califor- Food and Drug Administration to regu- I believe that this administration nians who would otherwise have lost late tobacco and crack down on ciga- recognizes its responsibility to manage their benefits this month. And I was rette marketing and sales to kids. the stormwater pollution that comes proud to work with Senator FEINSTEIN We approved major reforms to the off Federal properties. But that respon- and others to make sure this tax-relief student loan system—ending subsidies sibility needs to translate into pay- package invests in clean energy, which to big banks, saving taxpayers money ments to the local governments that will create tens of thousands of jobs in and providing Pell grants to 63,000 are forced to deal with this pollution. California and across the country. more students in California over the Adopting this legislation today re- And to ensure that we never again next decade. We passed credit card reform legisla- moves all ambiguity about the respon- face a similar financial crisis, we tion to protect consumers from exces- sibility of the Federal Government to passed landmark legislation to crack down on the reckless gambling on Wall sive fees and deceptive practices. pay these normal and customary And this month, we enacted a food stormwater fees. Street, enacting tough reforms that will curb abuses, shine a light on dark safety bill that will help consumers This is a matter of basic equity. and California’s agriculture industry markets and put a new cop on the beat f by protecting our Nation’s food supply to protect consumers. I was proud to from outbreaks of foodborne illnesses. ACCOMPLISHMENTS OF THE 111TH offer the first amendment, which will CONGRESS I am also pleased that the Airline ensure that taxpayers are never again Passenger Bill of Rights that I have Mrs. BOXER. Mr. President, as we on the hook to bail out Wall Street. championed with Senator OLYMPIA The 111th Congress was a landmark end this year, I wanted to look back at SNOWE is now being implemented by what we have been able to accom- Congress for advancing civil rights for the Department of Transportation. As plish—and look ahead at some of the all Americans. a result, we are already seeing fewer important priorities we must tackle We approved the Lilly Ledbetter Fair long tarmac delays for airline pas- next year. Pay Act, to help ensure equal pay for sengers. The 111th Congress has been one of equal work—regardless of age, race, The 111th Congress has also taken the most productive in our Nation’s gender, religion or national origin. It great strides to protect public health history. was the first bill signed into law by and our environment. Congressional scholar Norman President Obama last year. We passed legislation protecting Ornstein has said the legislative We passed the Matthew Shepard more than 2 million acres of wilderness achievements of this session are ‘‘at Local Law Enforcement Hate Crimes and creating a national system to con- least on par with the 89th Congress’’ of Prevention Act to strengthen the abil- serve land held by the Bureau of Land 1965–1966, under President Johnson, ity of law enforcement to investigate Management. The legislation included which produced landmark civil rights and prosecute hate crimes. The law three bills I sponsored designating legislation as well as Medicaid and adds gender, sexual orientation, dis- 700,000 additional acres of wilderness in Medicare. ability and gender identity as pro- California, from the Eastern Sierra Ne- We should take a moment to reflect tected categories under Federal hate vada to the San Jacinto Mountains in on some of those accomplishments. crimes law. Riverside County.

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.097 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11025 I have been honored to serve as chair- causing formaldehyde in wood prod- care for a loved one who was wounded man of the Environment and Public ucts. in war. Works Committee during a period of After the Tennessee Valley Author- As chair of the Senate Military Fam- extraordinary accomplishments. In the ity, TVA, coal ash disaster 2 years ago ily Caucus, I was pleased to see the 111th Congress, the EPW Committee released more than 1 billion gallons of Senate approve my legislation to help held more than 80 hearings and ap- toxic material, EPW held hearings into reimburse military families for the proved more than 70 pieces of legisla- the incident and we initiated an inves- cost of traveling off base to obtain tion. More than 20 EPW bills have gone tigation of the dangers of coal combus- needed specialty medical care. to President Obama for his signature, tion waste. We succeeded in ensuring Senators KIT BOND, JOE LIEBERMAN including legislation to create jobs and that the Obama administration pub- and I also worked to expand the use of accelerate economic recovery, to pro- licly released the list of other high- veterans centers to active, Guard and tect children and families from dan- hazard ash sites because families have Reserve U.S. military personnel. gerous chemicals in the environment, a right to know about dangers to their As a member of the Senate Foreign and to address the dangers of un- communities. Relations Committee, I was proud to checked climate change. Making the transition to the clean help secure $30 million to help women- The committee has played a critical energy economy is one of the best ways led nongovernmental organizations in oversight role. While the oil was still to create millions of jobs and protect Afghanistan provide direct services gushing into the Gulf of Mexico, we our children from dangerous pollution, such as adult literacy programs, voca- held hearings to demand answers from and it will help break our dangerous tional training and health services. And I was proud to join Senator BOND oil company executives and Adminis- dependence on foreign oil, which costs to help secure funding for an additional tration officials on the causes and im- us a billion dollars a day and threatens eight C–17 aircraft, which are built in pacts of the BP Deepwater Horizon oil- our national security. Long Beach and are critical to our na- spill disaster. As a result, BP provided Thanks in large part to the groundwork laid by the EPW Committee’s tional defense. the committee with previously un- While we have made significant vigilant oversight during the 110th available video records gathered since progress, there is still more to be done Congress, the EPA finally in 2009 the incident. EPW then provided sci- to create jobs, get our economy back granted California’s request for a waiv- entists, the public and the media with on track, protect consumers and the er to tackle tailpipe emissions of glob- access to this important underwater environment, and make life better for al warming pollution and incorporated video. all Californians and all Americans. One of our most basic responsibilities the waiver into a landmark agreement We must ensure that California and is to protect children and families from that will boost fuel efficiency, save other states can continue to lead the dangerous toxins in the air they consumers money, cut carbon pollu- way toward a clean energy future, breathe and the water they drink. tion, and save billions of barrels of oil. which is already creating hundreds of Parents have a right to expect that As chairman, I am committed to con- thousands of jobs. their children are safe from environ- tinuing to work on legislation that re- We must continue to put Californians mental hazards when they are at duces pollution, promotes energy effi- and Americans back to work by re- school. But following reports that ciency and creates incentives to speed building our road, bridges and transit found toxic air pollution levels at the transition to clean, renewable systems. schools across the country, our over- sources of energy. As we look to the 112th Congress, the sight efforts led to additional EPA President Obama has already signed Environment and Public Works Com- monitoring of air pollution at schools EPW legislation to train building oper- mittee will continue to focus on cre- in California and in other States. ators and contractors to improve the ating jobs and turning our economy Emissions from ships’ engines are a energy efficiency of federal facilities, around through the next surface trans- major cause of persistent air-quality and our committee passed bills to portation authorization and through a problems at California’s ports, includ- make schools and other public build- new Water Resources Development ing the Ports of Long Beach and Los ings more energy efficient, and to pro- Act. Angeles, and at other ports around the vide incentives for clean energy devel- And we will continue to shine a spot- Nation. EPW oversight helped shine a opment on abandoned or formerly con- light on the need to ensure the air our light on the importance of setting taminated sites. In the new Congress, I families breathe and the water our strong safeguards to reduce air pollu- plan to continue to work to ensure that children drink is clean and safe. After tion from marine vessels, and earlier the U.S. Government facilities are the recent reports that found toxic this year international authorities offi- models of clean-energy technology and chromium-6 contamination in drinking cially designated waters off North energy efficiency water in California and across the Na- American coasts as subject to strong This Congress has also taken action tion, we have planned hearings on international emission standards for to protect our national security and chromium-6 for early 2012. Senator ships. support our troops and our veterans. FEINSTEIN and I sent a letter urging the I was also pleased when the Senate We just came together in a bipartisan EPA to act, and the agency has already passed a bipartisan bill I sponsored fashion to ratify the New START trea- begun to respond by offering assistance with my ranking member, Senator ty, which will help protect the national to affected communities. JAMES INHOFE, to protect people from security of the United States by ensur- We will also work to ensure commu- toxic lead in drinking water pipes, pipe ing there are mutual reductions in nu- nities that suspect they have a cluster fittings and plumbing fixtures. The bill clear weapons and delivery systems, of environmentally caused illness have is now on its way to the President’s and ensuring that our nuclear inspec- access to the federal experts and other desk. tors are on the ground in Russia. resources that can help them get the I was also pleased to work with Sen- We enacted tough new sanctions answers they deserve. ators GEORGE VOINOVICH, TOM CARPER against Iran—another bipartisan vote We must provide incentives for U.S.- and INHOFE to pass bipartisan legisla- that sends a clear and resounding mes- based companies to bring home billions tion to strengthen efforts to reduce sage to Iran that it will pay a heavy of dollars sitting offshore from foreign pollution from diesel engines. Diesel price for its reckless pursuit of nuclear sales. Bringing those funds home could exhaust contributes to pollution that weapons. be major boost to our economic recov- threatens the health of millions of peo- We also passed legislation to improve ery from the private sector. ple in California and contributes to the way the VA is funded, helping vet- While I was disappointed that our ef- asthma, heart disease, cancer and erans get timely access to services and forts to pass the DREAM Act were other illnesses. care. And we passed important legisla- blocked, we must continue to work to We also enacted legislation to study tion to compensate the family care- pass comprehensive immigration re- the impact of black carbon pollution, givers of our severely wounded service form. Our broken immigration system and bipartisan legislation to enforce men and women. No one should have to tears families apart and hurts our eco- more protective standards on cancer- face financial hardship for choosing to nomic competitiveness, and we must

VerDate Mar 15 2010 05:16 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.090 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11026 CONGRESSIONAL RECORD — SENATE December 22, 2010 work together to fix it. I will keep the end of the 111th Congress—millions also requires that companies that have fighting for these young people who are of Americans continue to face growing databases with sensitive personal infor- raised in America and I will continue threats to their privacy and security mation on Americans establish and im- to work to pass AgJobs. because of data security breaches in- plement data privacy and security pro- And we cannot rest until other im- volving their most sensitive personal grams. portant judicial nominees are con- information. Last year, I reintroduced In addition, the bill requires notice firmed, including professor Goodwin the Personal Data Privacy and Secu- when sensitive personal information Liu for the Ninth Circuit Court of Ap- rity Act—a bipartisan and comprehen- has been compromised. The bill pro- peals, Judge Edward Chen for the sive bill that will better protect Ameri- vides for tough criminal penalties for Northern District of California, Judge cans from the growing threats of data anyone who would intentionally and Edward Davila for the Northern Dis- breaches and identity theft. I am dis- willfully conceal the fact that a data trict of California, and Judge Anthony appointed that the Senate will adjourn breach has occurred when the breach Battaglia for the Southern District of for the year without considering this causes economic damage to consumers. California. important privacy legislation. Finally, the bill addresses the impor- While we passed legislation to help This long overdue privacy bill would tant issue of the government’s use of the 9/11 first responders, now we must establish a national standard for personal data. finish the work of making sure our breach notification and requirements I am pleased that the Obama admin- firefighters and public safety workers for securing Americans’ most sensitive istration has recently issued two pri- have fair working conditions. personal data. The bill—as improved by vacy reports that make recommenda- I will also keep working to pass im- my manager’s amendment—strikes the tions to improve data privacy that are portant bills that we approved in com- right balance to protect privacy, pro- consistent with the approach adopted mittee this year to protect our public mote commerce, and successfully com- in my bill. lands, waterways and ocean resources, bat identity theft. I urged the Senate I drafted this bill after long and including legislation to help restore to consider and pass this important thoughtful consultation with many of the Chesapeake Bay, the Great Lakes, privacy legislation before we adjourn the stakeholders on this issue, includ- Lake Tahoe, and the San Francisco for the year. Despite its bipartisan ap- ing the privacy, consumer protection, Bay. proval by the Judiciary Committee, and business communities. I have also I am grateful to the people of the the ranking Republican is objecting worked closely with other Senators, in- California for the opportunity to rep- and refusing to allow the Senate to cluding Senators FEINSTEIN, HATCH, resent them in the United States Sen- proceed. ate. I look forward to hearing their FEINGOLD, SPECTER, and SCHUMER. When I first introduced this bill 6 This is a comprehensive bill that not ideas as we continue our work in the years ago, I had high hopes of bringing 112th Congress next year. only deals with the need to provide urgently needed data privacy reforms Americans with notice when they have f to the American people. I have worked been victims of a data breach but that HONORING OUR ARMED FORCES closely with both Republican and also deals with the underlying problem Mr. NELSON of Florida. Mr. Presi- Democratic Senators since to enact of lax security to help prevent data dent, I pay tribute during this holiday this important privacy legislation. Al- breaches from occurring in the first season to the men and women serving though the Judiciary Committee favor- place. The House of Representatives our Nation so nobly across the globe. ably reported this bill three times—in has passed comprehensive data privacy As we mark the 10th year our Nation 2005, 2007, and yet again in 2009—it re- legislation. The Senate should also has been engaged in combat, we should mains stalled on the Senate Calendar. pass comprehensive data privacy legis- all be reminded of the extraordinary While the Senate has waited to act, the lation and should have done so this sacrifice of our soldiers, sailors, air- dangers to our privacy, economic pros- Congress. men, marines, and coast guardsmen. perity, and national security posed by There has been ample time to resolve As we gather with our loved ones, we data breaches have not gone away. any concerns, but still there are those must not forget those servicemembers The recently reported cyber attacks who are refusing to allow the Senate to who cannot be with their families and in response to the WikiLeaks disclo- act. We cannot afford to continue to friends this holiday season. We honor sures are fresh reminders of the urgent wait to address this important privacy these men and women risk their lives need to have national standards to pro- issue. The American people are suf- to protect our freedom and way of life. tect the privacy of America’s digital fering the consequences of that inac- The one constant in this uncertain information. In June, the insurance tion. time is the heroism of people who so company WellPoint, Inc., announced f willingly fight for freedom. The that 470,000 individuals who used the strength of our Nation is built on their company’s Web site to apply for insur- CONTROLLED SUBSTANCES ACT devotion and sacrifice. ance may have unwittingly exposed Mr. KOHL. Mr. President, the basic SPECIALIST KELLY J. MIXON their Social Security numbers and outline of legislative changes to the I rise today to honor the fallen, like other sensitive data to the public. Just Controlled Substances Act that we ex- Army SPC Kelly J. Mixon of Yulee, FL, last month, the University of Hawaii pect to receive from the Department of who was killed by an improvised explo- suffered a major data breach involving Justice are as follows: sive device in Afghanistan on Decem- sensitive student data, including Social The legislation will deem certain nurses or ber 8. Specialist Mixon would be 24 Security numbers, dates of birth, other licensed health care professionals, who years old on Christmas Eve. Sadly, he names, and grades. And a recent data are designated by the nursing home as will be buried in Arlington National breach at the Department of Veterans agents of DEA-licensed practitioners (practitioners being the resident’s attending physi- Cemetery on December 29. Affairs resulted in the unauthorized release of the Social Security numbers cian or specialist), as authorized to transmit To the many men and women who the practitioner’s order for a controlled sub- have given the last measure of free- and other personal information of at stance, specifically Schedule II drugs, to dom, our country will remember your least 180 of our veterans. These trou- DEA-licensed pharmacies, either orally or by bravery and patriotism. To the families bling data breaches are painful remind- fax. The nursing home, while not licensed by of these fallen servicemembers, we can ers of the need to enact comprehensive DEA, will be responsible for designating never express enough gratitude for the Federal data privacy legislation this those who are authorized to transmit a prac- sacrifice you must bear. On behalf of year. titioner’s order, and for making a list of such the people of Florida and our Nation, This bill offers meaningful solutions authorized agents available to the pharmacy. Whenever oral or faxed orders for con- our prayers are with you. to the vexing problem of data security breaches. It requires that data brokers trolled substances come in from authorized f agents, pharmacies will be required to let consumers know what sensitive per- COMPREHENSIVE DATA PRIVACY verify, based on the nursing home’s list, that sonal information they have about the nurse is authorized to call or fax in the Mr. LEAHY. Mr. President, as we ap- them and to allow individuals to cor- practitioner’s order. This chain-of-account- proach the end of another year—and rect inaccurate information. The bill ability process will allow the practitioner to

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.091 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11027 give oral instructions for ordering a con- accessible, maintaining strong working proposal is imperative to the long-term trolled substance to the resident’s nurse over relationships and friendships with survival of Alaska-Native communities the phone. In addition, practitioners will be many Members and staffers. During the and Alaska’s nature resources, which permitted to opt out with certain employees, Ambassador’s tenure, it is a fact that makes this critical legislation timely. should a practitioner have a problem with a particular nurse or designee. Georgia had a persuasive and effective Development pressures are increas- Both practitioners and the nursing home representative whose passion for his ingly significantly in many parts of will be required to keep written logs, or nation never flagged and whose engage- Alaska. This legislation will allow pri- records, of such oral (or faxed) orders that ment with Congress far exceeded that vate land owned by Alaska Native com- are submitted by nurses. The nursing home of bigger countries with much larger munities to be protected, while facili- will be further required to keep the list of embassies. Rarely did a Georgian offi- tating development that will spur authorized nurses current and to imme- cial pass through Washington without needed economic activity and job diately notify the pharmacy of any changes at least one interaction with Congress, growth. in this list. Nurses or other licensed health care professionals who are authorized as an admirable record which did a great We have worked with the Senate Fi- agents by the nursing home will be required deal to stimulate interest and engage- nance Committee over the past 2 years to formally acknowledge their responsibility ment between the United States and to ensure that this provision is ready for ordering and administering controlled the country of Georgia. for enactment. It is widely supported substances by accepting liability in terms of Many of us on Capitol Hill have come by the conservation community. I was certain penalties that would apply under the to know and respect Georgia and its hopeful it would be included in the end- Controlled Substances Act if they engage in people. Georgia’s future will be written of-the-year tax package the Senate is diversion or other unacceptable practices. by young leaders such as Batu Kutelia. currently considering. Since the Sen- Pharmacies will also be required to maintain logs, or records, of the orders that are I cannot help but believe that the ate was unable to address Alaska Na- placed by authorized nurse agents. Phar- country’s future will be bright if it tive conservation parity before the end macies will be further required to make tele- continues to produce leaders of his cal- of the 111th Congress, I would be inter- phone (or fax) contact with the resident’s iber. I wish him the best at his coming ested in learning, from the chairman of practitioner, under whose authority the con- service in Tbilisi. the Finance Committee, what his plans trolled substances were ordered, within 48 f are for advancing the proposal in the hours of the time that the authorized agent 112th Congress. transmits the order. The pharmacy will then DON’T ASK, DON’T TELL Mr. BAUCUS. I am happy to respond be required to verify, and record, that the Mr. FEINGOLD. Mr. President, the to Mr. BEGICH from Alaska. I support practitioner ordered a controlled substance. repeal of the discriminatory don’t ask, The practitioner will also be required to pro- the conservation easement deduction vide a written prescription to the pharmacy don’t tell law will mean a stronger and and sympathize with the Senator’s ef- for the controlled substance within 10 days more secure America. Discrimination forts. I will work with Mr. BEGICH and of the time that the authorized nurse agent has no place in American society, espe- Ms. MURKOWSKI to address conserva- transmits the order. Additional reasonable cially when it undermines our national tion issues in the new Congress. safeguards may be included. security by hampering military readi- Mr. BEGICH. I thank you, Mr. BAU- f ness. While the repeal of this law is CUS. I appreciate the Senator’s support TRIBUTE TO AMBASSADOR BATU long overdue, ending this harmful pol- on this issue, and look forward to KUTELIA icy does mark an important moment in working with him and my other Senate the fight for equal rights for all Ameri- colleagues to pass this much needed Mr. KERRY. Mr. President, I rise cans. I applaud all those who worked to piece of legislation as soon as an oppor- today to mention a distinguished Am- overturn this policy, the many Ameri- tunity presents itself in the new Con- bassador who is leaving Washington cans who advocated for its repeal, and gress. after a regrettably short tenure. Batu the patriotic men and women who will f Kutelia, Ambassador of Georgia to the now be able to openly serve their coun- United States, is returning to his country. MAIL ORDER PHARMACY RATINGS try to assume an important post in his f Mr. AKAKA. Mr. President, I com- government as Deputy National Secu- mend the Department of Veterans Af- rity Adviser. ALASKA CONSERVATION PARITY fairs on a very impressive recent Although Ambassador Kutelia was ACT achievement. The Department’s mail- only in Washington as Ambassador for Mr. BEGICH. Mr. President, I want to order pharmacy program was recently less than 2 years, he and his wife Sofia take this opportunity to discuss an rated as top in the Nation among mail- and their young family will be missed issue of importance to Alaska Native order pharmacies by J.D. Power and by the many friends they leave behind. communities. The legislation currently Associates in their 2010 U.S. National He will also be remembered for rein- under consideration would extend Pharmacy Study. forcing and advancing his country’s re- through 2011 the enhanced tax incen- VA received a score of 888 points out lations with the United States. tive for donations of qualified con- of a maximum possible score of 1,000. Ambassador Kutelia represented servation easements. Unfortunately, The Department did not receive an Georgia in Washington in challenging Alaskan Native communities are ineli- award for this achievement because times. Following the 2008 war with gible under this provision and, as a re- their pharmacy service is only open to Russia, in which he served as First sult, do not have access to the tools veterans and their families, but they Deputy Minister of Defense, the Am- they need to permanently protect his- did outscore the award recipient by a bassador helped facilitate the economic torical or critical habitat. full 34 points, and the mail-order phar- and political assistance necessary to For thousands of years, Alaska has macy average by 70 points. VA’s pro- rebuild and continue Georgia’s eco- been home to Native communities, gram received the highest scores in the nomic development. He also ensured whose rich heritages, languages, and J.D. Power categories of overall experi- that Georgia’s agenda within the U.S.- traditions have thrived in the region’s ence, prescription ordering, prescrip- Georgia Charter on Strategic Partner- unique landscape. These communities tion delivery, and cost competitive- ship was ambitious and serious. Am- continue to engage in a traditional ness. bassador Kutelia’s work with our gov- subsistence lifestyle and harvest their This is an extraordinary achieve- ernment on the training of Georgian food from the land. Nearly 70 percent of ment, not only to be rated first in the forces participating in the NATO Inter- Native communities’ food comes from Nation, but to so highly exceed the pri- national Security Assistance Force the land and, for many communities, vate sector. I congratulate VA, and es- mission expedited their successful de- subsistence is an economic necessity pecially commend Secretary Shinseki ployment to Afghanistan. considering the cost and difficulty in- and Mr. Michael Valentino, Chief Con- Ambassador Kutelia possesses a so- volved in purchasing food. sultant, Pharmacy Benefits Manage- phisticated understanding of Congress I, along with my colleague, Ms. MUR- ment Services, for their exceptional and its responsibilities within our KOWSKI, have proposed legislation, S. leadership success in implementing the democratic system. He was extremely 1673, which would provide parity. Our mail-order pharmacy program.

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.011 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11028 CONGRESSIONAL RECORD — SENATE December 22, 2010 AFGHANISTAN telligence officer, Mr. Dionne has had a forts directly supported for the agen- Mr. DORGAN. Mr. President, as Con- varied and distinguished career, having cy’s world-wide activities. Mr. Dionne was selected to partici- gress begins next year to consider a worked in different positions and ca- pate as a congressional fellow through range of policy choices in both domes- pacities for the Department of Navy, the Government Affairs Institute at tic and foreign policy areas, I hope that the Central Intelligence Agency, and Georgetown University where he ac- at long last, we will decide that the the Office of the Director of National quired a certificate in legislative stud- war in Afghanistan must end. Intelligence. For most of that time, Gary worked in the intelligence field ies. Mr. Dionne accepted a position on That war has lasted 9 years and we the U.S. House of Representatives are now engaged in nation building in a where efforts and successes are not always rewarded publicly. I am glad we Committee on Energy and Commerce country with a government that I be- staff and provided technical support to lieve is both incompetent and corrupt. can do so here today. Mr. Dionne, the son of Roland and the Subcommittee on Communica- We began the actions in Afghanistan tions, Technology and the Internet, as to capture or kill the terrorist groups Eva Dionne, a draftsman and consumer sales representative respectively, was well as to the Subcommittee on Over- that had launched the 9/11 attack on sight and Investigations. Mr. Dionne our country. raised in the small suburban town of Leominster, MA, a town known best as viewed his experience in Congress as an Now, many years later, we are awe-inspiring, humbling experience bogged down in a war in Afghanistan a hub for plastic factories but gained world-renowned fame as the originator where he witnessed truly remarkable where our intelligence officials tell us people working the most difficult chal- there is only a minimal presence of the of the plastic pink flamingo! Following graduation from Leomin- lenges on behalf of America. terrorist group al-Qaida. Some esti- ster High School in 1975, Mr. Dionne In 2002, following his fellowship in mates put the number of al-Qaida enlisted in the U.S. Navy as a Congress, Mr. Dionne returned to the operatives in Afghanistan at fewer cryptologic technician radioman. CIA in the Office of Congressional Af- than one hundred. Trained in Morse code and high fre- fairs where as a liaison officer, he man- We are now engaged in fighting the quency direction Finding, Petty Officer aged congressional activities for the Taliban in Afghanistan and, frankly, Dionne supported U.S. Naval Intel- community management account and there are a number of foreign armies ligence while stationed in Augsburg, the directorate of operations. Fol- that have tried and failed in Afghani- Germany, followed by a fleet assign- lowing the tragedy of September 11, stan over many centuries. ment to the Command for Middle East 2001, Mr. Dionne was identified as the I don’t believe there is any chance of Forces. As a member of the admiral’s responsible congressional liaison offi- our ever controlling the tribal regions staff, Mr. Dionne provided intelligence cer for all intelligence community en- of Afghanistan. support aboard the U.S.S. La Salle, gagements with the Congressional Furthermore, we ought to be fighting U.S.S. Vreeland, U.S.S. Elmer Mont- Joint Intelligence Committee as Con- terrorism where terrorists, are rather gomery, U.S.S. Blandy, and the U.S.S. gress conducted their review of the in- than where terrorists were. We know telligence failures leading up to Sep- Aylwin. that al-Qaida has reconstituted train- Completing an enlistment with the tember 11. From there Mr. Dionne ing camps in Northern Pakistan, and U.S. Navy, Mr. Dionne subsequently served as the congressional liaison to we suspect that is where their leader- joined the Central Intelligence Agency the National Counter Terrorism Center ship is. We know al-Qaida is in Somalia in 1981. Following training as a com- and to its predecessor, the Terrorist and Yemen and other places. But, we munications officer within the Office of Threat Integration Center. In 2007, Mr. are bogged down fighting the Taliban Communications, Mr. Dionne sup- Dionne was selected in to his current in Afghanistan. And frankly, that is ported intelligence activities in Cen- assignment as the deputy director of the Office of Legislative Affairs, for the not where the terrorists are. tral America and on back-to-back as- Office of the Director of National Intel- It is time for our country to under- signments to West Africa where he was ligence. stand that this is an effort that will promoted to Officer in Charge of the continue to drain our treasury and will Throughout his career and travels Telecommunications Unit. In this posi- around the world, Mr. Dionne is most result in the deaths of more American tion he was responsible for the daily troops, but will not result in our con- grateful to have had the loving support supervision of personnel and technical of his wife Catherine who grew up in trolling the territory of Afghanistan. resources to maintain a multimillion- We will be stuck for a long period of the same little factory town and whom dollar communications facility. he has known since they were in mid- time with a permanent military pres- After returning to CIA Headquarters, dle school together. He is so proud of ence at great cost and we will be pay- Mr. Dionne was assigned as deputy his two daughters, Danielle, for serving ing for Afghanistan’s defense even chief, headquarters operations branch, while failing to control the tribal re- as a 1st grade school teacher in where he was responsible for VIP com- Loudoun County, VA, and his daughter gions of Afghanistan. munications in domestic and foreign Recognition of those facts ought to Antonia, for her ability to master Man- activities. This included communica- darin and who is presently working at persuade us to begin withdrawing from tions support for the Director of Cen- Afghanistan as soon as possible and the U.S.-China Policy Foundation in tral Intelligence as well as support for Washington, DC. begin pursuing terrorists where terror- Presidential and Cabinet members ists are now, not where they were then. Mr. Dionne, thank you for your serv- travel. Building on his technical back- ice to our country and good luck in all f ground, he attended classes at George your future endeavors. Mason University working toward a f TRIBUTE TO GARY DIONNE bachelor’s degree in network manage- Mrs. FEINSTEIN. Mr. President, ment. YOUTH DRUG USE next month marks the retirement of In 1994, Mr. Dionne assumed the re- Mr. GRASSLEY. Mr. President, it is Mr. Gary Dionne after 34 years in gov- sponsibility of associate director, of with great sadness and concern that I ernment service. Throughout this time, the Agency Network Management Cen- report that more and more kids are Gary has been both the consummate ter where he had oversight responsi- turning to drugs. Recently released an- professional and a friendly presence in bility for the daily health and welfare nual studies that track drug use trends the halls here on Capitol Hill. of the domestic telecommunications among youth and adults are indicating Mr. Dionne currently is the deputy network. Mr. Dionne was then selected rapid increases in drug use among all director of the Office of Legislative Af- as chief of the resource management age groups. The most recent National fairs for the Office of the Director of staff, operations group, where he man- Survey on Drug Use and Health indi- National Intelligence, and will be retir- aged the tactical and strategic direc- cates drug use among people aged 12 ing from Federal service after fulfilling tion for a multimillion-dollar tele- and older increased by 9 percent since a career of dedicated support to the communications operational budget. 2008. According to this survey, over 7 U.S. intelligence community and the This was an extremely rewarding as- million people in the past year are esti- National Security mission. A senior in- signment for Mr. Dionne where his ef- mated to have used drugs. Among these

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.087 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11029 numbers, it is estimated that over 4 really isn’t as bad as it is made out to ward question, did she support efforts million people have abused marijuana, be. The Monitoring the Future Survey to decriminalize or legalize the use, which is well over half of all drug abus- also indicates that young people’s per- production, or distribution of mari- ers in this survey. ceptions on drug use, especially the juana, for medical purposes or other- Even more disturbing are the rapid harms associated with marijuana use, wise. I was disappointed when I re- increases in drug use among America’s are rapidly moving in a negative direc- ceived her response that simply stated, youth. New figures from the Moni- tion. The survey states, ‘‘Increases in ‘‘I support the Administration in its toring the Future Study, which is con- youth drug use . . . are disappointing, clear and steadfast opposition to the ducted by the University of Michigan and mixed messages about drug legal- legalization of marijuana.’’ While I and surveys school age kids’ drug use ization—particularly of marijuana— agree that the administration should from 8th grade to 12th grade, have shot may be contributing to the trend. Such be ‘‘clear and steadfast’’ in opposing up significantly. The rapid increases messages only hinder the efforts of par- are due to higher use rates of mari- ents who are trying to prevent their the legalization of marijuana, her an- juana among all age groups. Among the kids from using drugs.’’ Dr. Volkow swers did not address the issue of de- youngest surveyed, marijuana use also agrees that the debate over legal- criminalization. In fact, it took a fol- jumped to 16 percent from 14.5 percent izing marijuana is contributing to the low-up letter from me to Ms. Leonhart in the past year. Marijuana use has in- rising youth drug abuse rates. Dr. to clarify this response where she fi- creased so much among high school Volkow states, ‘‘We should examine nally stated she was ‘‘concerned with seniors that more are now smoking the extent to which the debate over any actions that would lead to in- marijuana than tobacco in the past 30 medical marijuana and marijuana le- creased use of abuse and therefore, days. According to this survey, more galization for adults is affecting teens’ do[es] not support decriminalizing the than one in three high school seniors perceptions of risk.’’ cultivation, distribution, and use of have smoked marijuana in the past The Obama administration also ap- marijuana for any purpose other than year. Also troubling are the increases pears to agree with the above conclu- legitimate research.’’ While I appre- in the use of ecstasy, heroin, and the sions. The national drug czar, Gil ciate this more detailed response, it ongoing high abuse rates of prescrip- Kerlikowski, who is Director of the Of- raises questions as to why this more tion and over-the-counter medicines. fice of National Drug Control Policy comprehensive answer wasn’t part of On top of all this, the survey also de- states, ‘‘The increases in youth drug her initial response to my question. It termined that accompanying the in- use . . . are disappointing. And mixed is this sort of inconsistent response to creased drug use was a decreased per- messages about drug legalization, par- simple questions on drug use that is ception that drugs are harmful. ticularly marijuana legalization, may sending mixed messages to minors In my home State of Iowa, the Gov- be to blame. Such messages certainly across the county regarding the legal- ernor’s Office of Drug Control Policy don’t help parents who are trying to ization and decriminalization of mari- reports in their 2011 Drug Control prevent young people from using juana. Strategy that marijuana continues to drugs.’’ I could not agree more with be the most abused illegal drug in this statement. However, I can’t help We should not be getting mixed mes- Iowa. According to this report, nearly but feel that this administration is sages on marijuana use. The Obama ad- two-thirds of all children in substance contributing to the problem and not ministration should send a strong, un- abuse treatment are there for mari- the solution. equivocal message to kids that marijuana use. It is reported that these are In October 2009, the Department of juana use is harmful, rather than the highest rates of marijuana-using Justice issued a memorandum to all issuing inconsistent statements and treatment clients in recent Iowa his- U.S. attorneys regarding the prosecu- new policies that endorse State efforts tory. The 2008 Iowa youth survey also tion of individuals who use or sell to legalize marijuana use in certain in- shows that over one in four Iowa 11th marijuana for medical purposes in stances. graders have used marijuana in the states that allow it. This new policy I have long supported a unified, and past year. states that U.S. attorneys should not consistent antidrug message combined It is easy to read these numbers but expend resources to prosecute individ- with grassroots community efforts to not fully grasp the magnitude of what uals who are complying with State is happening in this country. Dr. Nora laws regarding selling, possession, and combat drug abuse in all forms. Kids Volkow, the director of the National use of marijuana for medical purposes. need to constantly hear the message Institute on Drug Abuse, states that These State laws are in direct conflict that drug use is harmful and not safe. the earlier teenagers start using mari- with long existing Federal laws. The They need to hear it from all sectors of juana the greater the risk they will memorandum also states that this new the community whether it comes from have down the road. Dr. Volkow states, policy will not alter the Department’s home, school, or anywhere else. That is ‘‘Not only does marijuana affect learn- authority to enforce Federal law. why I continually support local coming, judgment, and motor skills, but re- This confusing policy attempts to munity antidrug coalitions. These coa- search tells us that about 1 in 6 people have it both ways. The DOJ is telling litions are on the front lines in commu- who start using it as adolescents be- U.S. attorneys that they should not nities and are probably our best weap- come addicted.’’ The more we have prosecute people in States that allow on in the fight against drug abuse. The young people turning to drugs the medical marijuana, but the policy does people who comprise these coalitions more they are putting their health and not prevent them from doing so. This care deeply about their communities futures on the line. Not only do these policy is a departure from the long- and they should be supported in their numbers suggest more young people standing DOJ position to prosecute in- efforts. are putting themselves at risk, but dividuals who violate Federal law not- If the Obama administration truly they also show that the future of the withstanding State law. This policy is believes that the rise in youth drug use country is at risk. These numbers are ill advised, misguided, and internally is blamed in part on sending mixed completely unacceptable and they il- inconsistent. It also sends the wrong lustrate that we are failing our kids. message that this administration is de- messages about marijuana then they How did we get to this point? The Na- ciding which laws it would prefer to en- need to reconsider their own actions. tional Survey on Drug Use and Health force rather than upholding and ag- We need to recognize the importance of stated that while their findings are dis- gressively enforcing all existing laws. sending strong and united messages appointing, they were not unexpected. Unfortunately, the mixed messages about marijuana and drug use at large. The survey reported that data from the don’t stop there. Just a few weeks ago, We can start by being consistent with past two years have shown that young the Judiciary Committee took up the our own words and actions. Perhaps people’s attitudes about drugs and nomination of Michelle Leonhart to be then we may be able to start to reverse their risks have been ‘‘softening.’’ This Administrator of the Drug Enforce- the rising trends in youth drug use means that kids are more and more ment Administration. Following her that have occurred since President coming to the conclusion that drug use hearing, I asked a pretty straight for- Obama took office.

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.091 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11030 CONGRESSIONAL RECORD — SENATE December 22, 2010 TROOP THANKSGIVING Mr. President, I ask unanimous con- This Thanksgiving, Wolf said he is thank- RECOGNITION sent for an article about the event ful for being an American citizen and for all from the Wyoming Tribune Eagle to be the opportunities that the United States has Mr. ENZI. Mr. President, I want to offered his family. printed in the RECORD. I want to thank share with you a story of Thanksgiving Life is all about love and family, Wolf said. that touched my heart. I am doing it Glen Chavez, the barber, for his idea ‘‘That’s what brings us together,’’ he said. just before Christmas to have you and his ability to turn a dream into re- Jennifer Roberts, whose husband is in the think about the effect of holidays on ality. Thanks also to all who made the Air Force, was enjoying the Thanksgiving people away from home and especially dinner and appreciation of our troops meal with her three children. Her husband troops stationed away from home and possible. couldn’t attend the dinner because he was something you might do on a very There being no objection, the mate- scheduled to work on the base in Cheyenne. small scale. rial was ordered to be printed in the But having him at the base here was better than a couple of years ago when he was in Two years ago, a barber in Cheyenne, RECORD, as follows: Iraq over the holidays. WY, was cutting the hair of a young [From the Wyoming Tribune-Eagle, Nov. 13, Her daughter, Brooke Roberts, 12, said, she man from F. E. Warren Air Force Base 2010] is grateful to have her dad home this year. and asked him what he was going to do TROOPS GET A BIG THANK-YOU Jennifer Roberts said tears came to her for Thanksgiving. The airman guessed (By Josh Mitchell) eyes when she arrived at the military he would be spending it on the base. Thanksgiving dinner Thursday. CHEYENNE—Daniel Fletcher with the Army The barber, Glen Chavez said, Why National Guard has two families, and he felt ‘‘It makes you feel at home,’’ said Roberts, don’t you have Thanksgiving with my fortunate to be with one of them on Thanks- who is from North Carolina. wife and I? Then Glen decided he better giving. There were over 50 sponsors for the event. tell his wife. When he did she said, The family he was with consisted of fellow U.S. Sen. Mike Enzi, R-Wyo., also made an ‘‘Glen, I know you. It won’t be just one soldiers and was some 500 members strong. appearance. His other family is spread across the Chavez said he wants Enzi to take the idea and it won’t be limited to a dozen. I’ll of the military Thanksgiving dinner back to help, but we need to find someplace United States. As Fletcher sat at a table surrounded by Washington to make it a national event. bigger than our home.’’ So Glen asked Volunteer Terri Clark said, ‘‘It’s an honor the Masonic Lodge if he could use their other soldiers at the Masonic Lodge, he reflected on the importance of being with to serve them. They serve us. So it’s the building. They said yes and Glen with loved ones on Thanksgiving. least we can do.’’ the help of some friends fed 300 people ‘‘It means quite a bit,’’ he said. f from the base. Yes, the base serves a But Fletcher, 28, would have been alone on Thanksgiving dinner, but it is not the Thanksgiving had it not been for the out- ADDITIONAL STATEMENTS same if you eat it in the same mess pouring of support from about 150 volun- hall you eat in every day. Chavez said teers. he started the event to combat the ‘‘I was going to sit at home and eat a TV CARROLL COLLEGE FIGHTING loneliness that many members of the dinner,’’ Fletcher said. SAINTS military feel when they are away from The Second Annual Military Appreciation ∑ Mr. BAUCUS. Madam President, their families during the holidays Free Thanksgiving Dinner hosted by Glen’s Barber Shop of Cheyenne is an effort to show today I wish to recognize an out- The dinner was such a success that the gratitude owed to members of the armed standing championship college football Glen decided to invite even more for services, organizer Glen Chavez said. team from my home State. the next year and to have more of the As Chavez looked across the dining room This past Saturday in Rome, GA the community involved. I am sure there is at families gathered around tables, he noted, Carroll College Fighting Saints not a base and city anywhere that has ‘‘This is going to change Thanksgiving for- claimed another National Association the degree of cooperation and concern ever. Look at how awesome this is.’’ of Intercollegiate Athletics national Chavez said he started the event to combat as Cheyenne and Warren Air Force title with a hard fought 10 to 7 win over Base. For example, people from the the loneliness that many members of the military feel when they are away from their rival and fellow NAIA powerhouse the base help construct Habitat for Hu- University of Sioux Falls Cougars. The manity homes. The school district families during the holidays. The military serves the United States all win gives the Fighting Saints an un- built a new school on the base that also year, and Chavez said it feels good to serve precedented sixth national title in the has kids attend who do not live on the the soldiers for one day. past nine seasons. Coming into the base and have no military connection. The support that Cheyenne shows for the game, Sioux Falls had won 42 games in The mix benefits everyone. Glen spent military surprised Fletcher, who is from Poi- a row. In fact, their last loss was to the year getting ready for this event son, Mont. He said when he returned from Carroll in the 2007 title game. speaking and enlisting the Chamber of Iraq he didn’t think he would be greeted with Carroll College is a private, Catholic Commerce and speaking at Lions, Ro- much respect, but now he sees that that tary, and Kiwanis, to name a few. there is a lot of support for the soldiers. college in my hometown of Helena, MT. So this year was the Second Annual Sue Mattingly is not a member of the mili- Carroll boasts an enrollment of about Salute to our Troops. Steve Sears of tary, but she still feels a camaraderie with 1,500 students and is known around the the local soldiers. Mattingly broke down into country for its award-winning aca- Cheyenne Stitch donated T-shirts for tears as she talked about losing her dad this the volunteers. The fire department demic and preprofessional programs. year. The school is particularly strong in cooked turkeys. They deep fried seven After her loss, local soldiers were there for an hour for the 24 hours before the Mattingly, who is a cook at the bowling premedical, engineering, and nursing meal. A service club cooked 750 pounds alley, where many of the soldiers spend time. programs. of potatoes and mashed them. People ‘‘They’re like a family to me,’’ Mattingly The game Saturday was a hard- from all over the community baked said. ‘‘Even though I’m a civilian, I feel like fought victory marked by key big plays pies and cakes. Dozens of other volun- I’ve known them all my life.’’ on offense led by Saints quarterback teers helped out. Businesses donated Being away from family while serving Gary Wagner and a tough defense that overseas is just part of being a soldier, Greg door prizes. One prize was a 40-inch HD shut down the Cougars high-powered Wheeler with the Wyoming Air National offense. Wagner, a native of Havre, MT, TV. This Thanksgiving they served Guard said. over 500 people. ‘‘It is what it is,’’ Wheeler said. ‘‘You don’t was named the offensive player of the This year there was publicity to be join the military and expect to be home game and scored the Saints’ only sure all were invited. Posters went up every holiday.’’ touchdown on an amazing 83-yard run. all over the base and town. Some of But Wheeler was fortunate to be sitting at The winning points were provided by that publicity made it to the a table with his wife, children, mom and dad place kicker Tom Yaremko on a clutch blogosphere nationally. Glen got calls this Thanksgiving. 22 yard field goal in the fourth quarter. from 14 States commenting on the good Marvin Wolf of Cheyenne remembers I would like to congratulate head spending a Thanksgiving in South Korea coach Mike Van Diest and his coaching idea and checking to see if they could during the Korean War. duplicate it. Many who called told of ‘‘We had turkey, shrimp and all the trim- staff, along with Athletic Director personal difficulties, some with tragic mings,’’ Wolf said. Wolf agreed that spending Bruce Parker and Doctor Tom Trebon, endings, that this kind of an event can Thanksgiving with fellow soldiers is like the president of Carroll College, for perhaps prevent. being with a big family. their hard work and dedication in

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.093 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11031 coaching and teaching these fine stu- addresses current political and social throughout her incredibly prolific ca- dent athletes. The motto of Carroll movements. reer to enable future generations of In- College is ‘‘Not for School, but for To accommodate the expansion of dian leaders to build healthier and bet- life.’’ Certainly the members of the museum over the years, artwork ter-educated communities. Carroll’s football team have learned was divided into four different depart- In her early work on Capitol Hill, Dr. many life lessons. Coach Van Diest ments: architectural and design, media Scheirbeck served on the staff of North preaches the importance of getting a arts, painting and sculpture, and pho- Carolina Senator Sam Ervin, then quality education, the value of team- tography. In addition to traditional ex- chair of Senate Subcommittee on Con- work, and the need to give back to the hibitions, SFMOMA now offers film stitutional Rights. This work helped community. Last year 32 Fighting festivals, live art performances, and lay the foundation for the historic 1968 Saints were named to the Frontier educational programs for children and Indian Bill of Rights that extended Conference All-Academic team. teens. The museum has also recently constitutional rights and protections The Fighting Saints have a dedicated developed a new Web site and blog in- to American Indians nationwide. Simi- following throughout Montana. Thou- corporating podcasts, an online tool for larly, Dr. Scheirbeck’s efforts to orga- sands of fans dressed in purple and gold browsing the collection, and additional nize the 1962 Capitol Conference on pack into Nelson Stadium on the Car- interactive features that make the mu- Poverty helped to ensure that Indian roll campus for each home game. I al- seum more accessible than ever before. communities were a focus of the na- ways look forward to joining them Last year, SFMOMA entered into an tionwide war on poverty. whenever I can. And numerous fans exciting partnership with Doris and Her commitment to self-determina- made the long trip to Georgia to cheer Donald Fisher, founders of the Gap, en- tion and individual responsibility is on the Fighting Saints in the national abling the museum to exhibit the Fish- further exemplified by Dr. Scheirbeck’s title game. ers’ personal art collection, known work to empower tribal leaders to gov- Now another reason that I am so ex- internationally to be one of the most ern and educate their communities. cited about the Saints winning another comprehensive and extraordinary col- Working on behalf of the Carter admin- title is because of a bet I made with my lections of modern art in the world. istration, Dr. Scheirbeck’s leadership good friend Senator TIM JOHNSON. I put The collection is comprised of more was instrumental in realigning Federal a case of Montana microbrew beer on than 1,100 works by 185 20th and 21st policies to support Indian sovereignty. the line with confidence knowing the century American and European art- Most notably, her efforts helped to en- Saints would pull out the win, and Sen- ists. sure the passage of the Indian Edu- ator JOHNSON put up some buffalo Today, SFMOMA retains more than cation Act of 1975 and the Tribally Con- steaks with faith that his Cougars 26,000 pieces of art in its permanent trolled Community College Assistance would prevail. I am looking forward to collection, including photographs, de- Act of 1978, which have enabled Indian enjoying those steaks, and I thank sign objects, sculptures, and other leaders to provide better educational Senator JOHNSON for being such a good artworks. The museum is currently opportunities for current and future sport. I would also like to commend planning a major expansion to support generations. the University of Sioux Falls on a fine its ongoing growth and to showcase the Working throughout her life to pro- football season. Doris and Donald Fisher Collection. vide a forum for Indian leaders in our My congratulations and admiration The additional space will allow Nation’s Capital, Dr. Scheirbeck was goes out to all the Carroll coaches and SFMOMA to continue evolving and of- instrumental in establishing the Na- players for their success and being fering additional programs for the tional Museum of the American Indian. great ambassadors for the State of community to learn, engage, and inter- As Assistant Director in the early Montana. Their hard work, dedication, act with each other and with some of years of the museum, Dr. Scheirbeck and grit truly represent the best that the greatest works of modern art. guided the Office of Education and its Big Sky country has to offer. I look Earlier this year, SFMOMA marked program in cultural arts. In so doing, forward to cheering them on again next its 75th anniversary by offering 3 free she sought to bring the experience of season as they go for title No. 7.∑ days of special programs entitled ‘‘75 the American Indian to the National f Years of Looking Forward.’’ As a re- Mall and to demonstrate the applica- sult, thousands visited the museum, bility of Indian education models to SAN FRANCISCO MUSEUM OF eager to take advantage of the oppor- educators throughout the world. MODERN ART tunity to honor and celebrate this Finally, much of Dr. Scheirbeck’s life ∑ Mrs. BOXER. Mr. President, I take cherished institution. SFMOMA hosts was devoted to the cause of recognition this time to recognize the 75th anniver- 800,000 visitors annually and boasts the for the Lumbee Tribe of North Caro- sary of the San Francisco Museum of largest member base of any modern or lina. Her life’s work helped reverse the Modern Art, SFMOMA. For 75 years, contemporary art museum in the Federal Government’s efforts to termi- SFMOMA has engaged and inspired United States. I commend SFMOMA nate relationships with American In- Bay Area residents and visitors alike for serving the community superbly for dian tribes. Sadly, though, Dr. through first-rate exhibitions, public the past 75 years. Audiences have been Scheirbeck’s own Lumbee Tribe still programs, and special events that en- captivated and inspired by SFMOMA’s bears the burden of this unfortunate rich and educate the community. collections and special exhibitions, and policy, and she fought throughout her SFMOMA was founded in 1935 by Dr. I wish this venerable cultural institu- life to provide the Lumbee with the full Grace Louise McVann Morley. At the tion much success in the decades to recognition that they so deserve. While time of its founding, SFMOMA was the come.∑ Dr. Scheirbeck did not live to see this first and only museum on the west f dream become a reality, her life and coast dedicated solely to modern and work have helped to sustain the drive REMEMBERING DR. HELEN contemporary art. Dr. Morley, a vision- for Lumbee recognition for decades. ary and committed leader, went on to MAYNOR SCHEIRBECK Dr. Helen Maynor Scheirbeck’s pres- serve as the museum’s director for 23 Mrs. HAGAN. Mr. President, last ence and contributions throughout In- years. Under her guidance, SFMOMA weekend the Nation lost Dr. Helen dian Country are irreplaceable, and her showcased innovative and challenging Maynor Scheirbeck—a great civil tireless efforts on behalf of American art by both new and established artists, rights leader and a passionate advocate Indians throughout the country will helping to cement San Francisco’s po- for American Indian rights. continue to inspire future Indian lead- sition as a leader in the world of mod- Born in Lumberton, NC, as a proud ers for generations to come.∑ ern art. member of the Lumbee Tribe, Dr. f SFMOMA’s leadership has never been Scheirbeck’s passing is a true loss for limited to art alone but also extends to the Lumbee and the greater American POEM FOR SENATOR ROBERT influencing public policy, establishing Indian community. A champion for BYRD avenues to success for local and re- American Indian sovereignty, Dr. ∑ Mr. LIEBERMAN. Madam President, gional artists and exhibiting work that Scheirbeck worked constantly I ask to have printed in the RECORD the

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.098 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11032 CONGRESSIONAL RECORD — SENATE December 22, 2010 following poem written in the memory gers Law School Alumni Association served as chair of the Military Law of the late Senator Robert C. Byrd by Public Service Award. Bill Greenberg Section of the New Jersey State Bar Albert Carey Caswell. has a long association with Rutgers, Association. In addition to holding The poem follows: the State University of New Jersey. He many offices in the Association of FROM SO LITTLE is a member of the Newark law class of Trial Lawyers of America, New Jer- From so little . . . 1967. In 1966, as president of the Stu- sey—the New Jersey Association for Can come so much! dent Bar Association, he gave a memo- Justice—he served as its president. He From so humble beginnings . . . rable speech accepting the new law is an author and frequent lecturer on Can, come as such . . . school building on behalf of the student many litigation matters, and for over Greatness, that only a heart can bring . . . body. He was joined in that ceremony 20 years he has been the author and As from life’s mistakes . . . by then-Chief Justice of the United editor of the Civil Trial Handbook, Vol- But, comes life’s lessons . . . time and time States Earl Warren. ume 47 of the New Jersey Practice Se- again such blessings! Following his graduation from Rut- ries, now in its fifth edition. For only in open hearts, will so ring! Civic minded and charitable, Bill In the kind, that dares great men to dream gers, he enlisted in the 5th Squadron of great dreams! the 117th Cavalry of the 50th Armored Greenberg serves as a vice president of Who come from almost nothing! Division, the Jersey Blues, and was se- the Thanks To Scandinavia Edu- To grow and involve, all into a many splen- lected as the outstanding enlisted cav- cational and Charitable Trust of New did thing! alry trooper of the training cycle while York, which gives educational scholar- As from such humble beginnings, as but at Fort Knox. Returning to New Jer- ships to recognize the efforts made by comes such things! sey, he served as law secretary to the Scandinavian countries to save From a coal miners father, and his dreams Judge Robert A. Matthews, a Rutgers Jews during World War II. He is chair- ... man of the Mary Sachs Charitable A child, who would bless this our Nation all Law School alumnus, then sitting as a in his being! judge of the New Jersey Superior Trust in Harrisburg, PA, established by A giant, who upon the Senate floor . . . his Court, Chancery Division, in Hudson his great aunt, which has over the past thundering voice would so ring! County, and later as presiding judge of 50 years distributed millions of dollars Who fell in love, with one of our Forefathers the Superior Court, Appellate Division. in scholarships and other aid to edu- greatest dreams! Bill Greenberg began a long and dis- cational and charitable organizations The Great American Experiment, called De- tinguished career as a lawyer, bar lead- in central Pennsylvania. He and his mocracy of all things! er, and soldier, author, public servant, wife, the former Betty Kaufmann Wolf Democracy, and The United States Senate of Pittsburgh, have established the Dr. . . . all in this wing! and benefactor with McCarter & And, that from so little . What time and English, New Jersey’s oldest and larg- Peter Scardino Trust at the Memorial faith and courage, can so bring! est law firm and one of the region’s Sloan Kettering Cancer Center to aid A man who so honored tradition, in all his most respected, where Bill is a senior needy cancer patients. In addition, he fiber and all his being . . . partner today. and his wife have established endowed All in his great intuition, knowing that Throughout his career, his connec- scholarships at Johns Hopkins and these were but time tested things . . . tion to Rutgers has remained strong, as Brown Universities for needy students But, so sacred and so essential . . . but to exemplified by his support of the Jus- and have contributed substantially to our Nation’s very being! tice Morris Pashman Scholarship the Institute for Advanced Study in Like, a mother cub . . . Protecting her young! Fund. He was chosen one of four com- Princeton. With all of his heart and soul, he would not missioners of the New Jersey State He recently received the Distin- let this great body be undone! Commission of Investigation by his guished Alumnus Award from Johns And that some things you must not, and Rutgers Law classmate, the late Alan Hopkins and serves on its under- should not change! J. Karcher, then-speaker of the New graduate advisory board. In December Time Tested, that for this our Nation to Jersey General Assembly. During a 2009, he was selected Lawyer of the thrive must so remain! public-service leave from McCarter & Year by the New Jersey Law Journal, For he was a visionary, a scholar, and a stu- English, he served as assistant counsel the leading law publication of record in dent of the past, and legislation his- our State. This year, he received the tory to last! to Gov. Richard J. Hughes, himself a And with his very heart and soul, he so pro- graduate of Rutgers Law School. He Major General Howard Louderback tected our forefathers great dream of represented the Governor in an impor- Award for lifetime service from the gold! tant case involving senatorial courtesy New Jersey Committee of the Depart- For he so wisely knew, that some things no before the New Jersey Supreme Court. ment of Defense Committee for Em- greater can be! This was the first of many important ployer Support of the Guard and Re- Never mess with perfection you see! cases Bill Greenberg has argued. He has serve. So with each new and succeeding year, a more than 100 published opinions to his I was pleased to recommend Bill champion for The Senate grew up so credit. During his more than 40 years Greenberg to the White House to be here! Chairman of the Reserve Forces Policy As this was but, his second greatest love so of private practice, he has founded his clear! own law firm, served in many public Board. He was selected by Secretary His first, his beloved Erma, a marriage of positions, has been a noted litigator Gates for that important position in seventy years . . . and bar association leader, as well as August 2009 and reappointed in August As This Master of Senate, so soon appeared an author and benefactor of many edu- 2010. This board, created by Congress in . . . the kind even Webster would re- cational and charitable institutions. 1952, is the principal policy adviser to vere! He served as prosecutor of Princeton. the Secretary of Defense for Reserve And now, into the next world Robert you He was a commissioner of the New Jer- component matters. I was pleased to have gone, but ever your memory will make this recommendation because of live on! sey State Scholarship Commission. He As but a lesson to us all . . . was appointed by the Supreme Court of General Greenberg’s background of 27 As from what so little, can grow so tall! New Jersey to the Mercer County Eth- years of military service in the Reserve A Champion of The United States Senate, ics Committee and the Civil Practice components as an enlisted cavalry Robert Byrd . . . Committee. He also served as a mem- trooper, a member of the Judge Advo- As now up in Heaven, your voice is heard!∑ ber of the New Jersey Supreme Court cate General’s Corps, and as a flag offi- f Committee on the admission of foreign cer. More importantly, he established attorneys, a groundbreaking effort by the Military Legal Assistance Program TRIBUTE TO WILLIAMS S. the New Jersey Supreme Court to per- of the New Jersey State Bar Associa- GREENBERG mit Cuban lawyers who had emigrated tion for wounded or injured reservists ∑ Mr. MENENDEZ. Mr. President, I to New Jersey to be permitted to take called to duty after September 11, 2001. would like to recognize Brigadier Gen- the bar examinations. He personally and with members of his eral (Retired) William S. Greenberg, He was a trustee of both the New Jer- law firm, McCarter & English, has rep- one of my constituents, who was hon- sey State Bar Association and the New resented over 50 individual soldiers at ored on October 14, 2010, with the Rut- Jersey State Bar Foundation. He Walter Reed in obtaining adequate

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.090 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11033 military and veterans compensation. Furthermore, Agren Appliance is and the Magnuson-Stevens Fishery Con- He is widely recognized as an expert in still family-owned and remains an inte- servation and Management Act to improve the field as well as a selfless advocate gral part of the communities which it the conservation of sharks. for individual soldiers and veterans in serves. The company frequently makes At 1:37 p.m., a message from the their legal struggles. donations to organizations across the House of Representatives, delivered by To those of us who are privileged to State, often providing gift certificates Mr. Novotny, one of its reading clerks, know Bill Greenberg personally, he or various small appliances for silent announced that the House has passed brings passion, energy, hard work, pa- auctions to benefit those in need. Addi- the following bill, in which it requests triotism, and dedication to all that he tionally, at certain locations, Agren the concurrence of the Senate: undertakes. These qualities have been posts messages on their large elec- H.R. 6547. An act to amend the Elementary recognized by his colleagues in the tronic outdoor signs, advertising up- and Secondary Education Act of 1965 to re- legal profession and in the Pentagon, coming events and fundraising efforts quire criminal background checks for school where he has served with distinction from various members of the commu- employees. and has consistently put foremost the nity—a generous act that helps pro- The message also announced that the interests of the individual reservist and mote worthwhile occasions and causes. House has agreed to the amendments of the veteran. The American soldier has With five stores spread across the the Senate to the bill (H.R. 6523) to au- no greater friend than Bill Greenberg.∑ southern part of the State, Agren has thorize appropriations for fiscal year f developed from a small-town appliance 2011 for military activities of the De- repair business into a trusted name for RECOGNIZING AGREN APPLIANCE partment of Defense, for military con- appliance and furniture needs. I am al- struction, and for defense activities of ∑ Ms. SNOWE. Mr. President, small ways impressed by the ingenuity of the Department of Energy, to prescribe businesses are the engine of our econ- small businesses like Agren, which has military personnel strengths for such omy. There are literally millions of witnessed marked growth because of a fiscal year, and for other purposes. unique stories about how these compa- strong work ethic and dedication to The message further announced that nies had developed since they opened knowing and serving the community. I pursuant to section 1238(b)(3) of the their doors. Some of the most impres- thank all of the company’s employees Floyd D. Spence National Defense Au- sive businesses are family-owned enti- for their hard work, and wish them thorization Act for Fiscal Year 2001 (22 ties that start with a handful of work- much success in the years to come.∑ U.S.C. 7002) as amended, the Minority ers and a commitment to filling a f Leader reappoints the following mem- niche in their city or town. Today I MESSAGE FROM THE PRESIDENT ber on the part of the House of Rep- recognize Agren Appliance, a company resentatives to the United States- that started with the basics and has A message from the President of the China Economic and Security Review blossomed into a familiar name to resi- United States was communicated to Commission: Mr. Larry Wortzel, effec- dents of Lewiston-Auburn, ME, for over the Senate by Mrs. Neiman, one of his tive January 1, 2011. 40 years. secretaries. The message also announced that The Agren family began serving the f pursuant to section 235 of the Tribal community in 1969, when they operated EXECUTIVE MESSAGE REFERRED Law and Order Act (Public Law 111– two repair trucks to fix appliances for 211), the Minority Leader appoints the families and individuals throughout As in executive session the Presiding following member on the part of the the greater Lewiston-Auburn area. Officer laid before the Senate a mes- House of Representatives to the Indian Their only technology was a rotary sage from the President of the United Law and Order Commission: Mr. Thom- telephone to receive calls from those States submitting a nomination which as Gede of San Francisco, California. requiring assistance. Over time, the was referred to the Committee on The message further announced that family developed a reputation for its Health, Education, Labor, and Pen- pursuant to section 5605 of the Patient reliability, gaining regular customers sions. Protection and Affordable Care Act and parlaying that recognition into fu- (The nomination received today is (Public Law 111–148), the Minority ture success. printed at the end of the Senate pro- Leader appoints the following members As a result of its strong and growing ceedings.) on the part of the House of Representa- standing, Agren opened its first brick- f tives to the Commission on Key Na- and-mortar store in Auburn in 1978, MESSAGES FROM THE HOUSE tional Indicators: Mr. Marcus Peacock carrying the Whirlpool brand of prod- of Washington, D.C., and Mr. Tomas J. ucts. Over time, the company further ENROLLED BILL SIGNED Philipson of Chicago, Illinois. expanded its reach, opening branches The PRESIDENT pro tempore (Mr. ENROLLED BILLS SIGNED in the coastal town of Brunswick in INOUYE) reported that on December 21, At 4:01 p.m., a message from the 1983, as well as south Paris, in western 2010, he had signed the following en- House of Representatives, delivered by Maine, in 1986. Later, Agren Appliance rolled bill, which was previously signed Mr. Novotny, one of its reading clerks, opened stores in south Portland and by the Speaker of the House: announced that the Speaker has signed midcoast Maine, covering a large swath H.R. 3082. An act making appropriations the following enrolled bills: of the State’s population. And on Mon- for military construction, the Department of S. 3243. An act to require U.S. Customs and Veterans Affairs, and related agencies for day, Agren Appliance moved from its Border Protection to administer polygraph the fiscal year ending September 30, 2010, and former south Paris location to a newer, examinations to all applicants for law en- for other purposes. larger, 25,000-square-foot space in the forcement positions with U.S. Customs and neighboring town of Norway. The com- ENROLLED BILLS SIGNED Border Protection, to require U.S. Customs pany has been recognized as one of the The PRESIDENT pro tempore (Mr. and Border Protection to initiate all periodic Nation’s top 100 appliance retailers, an INOUYE) reported that he had signed background reinvestigations of certain law impressive feat in such a competitive the following enrolled bills, which were enforcement personnel, and for other pur- market. previously signed by the Speaker of the poses. S. 3592. An act to designate the facility of Agren now offers its customers a va- House: the United States Postal Service located at riety of products and brands—including S. 118. An act to amend section 202 of the 100 Commerce Drive in Tyrone, Georgia, as televisions, beds, mattresses, and din- Housing Act of 1959, to improve the program the ‘‘First Lieutenant Robert Wilson Collins ing room sets. Nonetheless, each store under such section for supportive housing for Post Office Building’’. is still a one-stop shop for all appliance the elderly, and for other purposes. H.R. 4445. An act to amend Public Law 95– needs, from dishwashers and refrig- S. 1481. An act to amend section 811 of the 232 to repeal a restriction on treating as In- erators, to laundry machines and dry- Cranston-Gonzalez National Affordable dian country certain lands held in trust for Housing Act to improve the program under Indian pueblos in New Mexico. ers. And the business stays true to its such section for supportive housing for per- H.R. 5470. An act to exclude an external roots, boasting Maine’s largest inde- sons with disabilities. power supply for certain security or life safe- pendent appliance repair team, as well H.R. 81. An act to amend the High Seas ty alarms and surveillance system compo- as a fleet of repair trucks. Driftnet Fishing Moratorium Protection Act nents from the application of certain energy

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.014 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11034 CONGRESSIONAL RECORD — SENATE December 22, 2010 efficiency standards under the Energy Policy rectly impacted by the terrorist attack H.R. 6560. An act to amend title 28, United and Conservation Act. in New York City on September 11, States Code, to clarify and improve certain The enrolled bills were subsequently 2001, and for other purposes. provisions relating to the removal of litiga- signed by the Acting President pro The message also announced that the tion against Federal officers or agencies to House has agreed to the amendments of Federal courts, and for other purposes; to tempore (Mr. BAYH). the Committee on the Judiciary. ENROLLED BILLS SIGNED the Senate to the bill (H.R. 5901) to f At 4:27 p.m., a message from the amend the Internal Revenue Code of House of Representatives, delivered by 1986 to exempt certain stock of real es- EXECUTIVE AND OTHER Mr. Novotny, one of its reading clerks, tate investment trusts from the tax on COMMUNICATIONS announced that the Speaker has signed foreign investment in United States The following communications were the following enrolled bills: real property interest, and for other laid before the Senate, together with H.R. 5116. An act to invest in innovation purposes. accompanying papers, reports, and doc- through research and development, to im- The message further announced that uments, and were referred as indicated: prove the competitiveness of the United the House has agreed to the amend- EC–8582. A communication from the Direc- States, and for other purposes. ment of the Senate to the bill (H.R. tor of the Regulatory Management Division, H.R. 6398. An act to require the Federal De- 6517) to extend trade adjustment assist- Office of Policy, Economics, and Innovation, posit Insurance Corporation to fully insure ance and certain trade preference pro- Environmental Protection Agency, transmit- Interest on Lawyers Trust Accounts. grams, to amend the Harmonized Tariff ting, pursuant to law, the report of a rule en- The enrolled bills were subsequently Schedule of the United States to mod- titled ‘‘Extension of Tolerances for Emer- signed by the Acting President pro ify temporarily certain rates of duty, gency Exemptions (Multiple Chemicals)’’ tempore (Mr. BAYH). and for other purposes. (FRL No. 8857-5) received in the Office of the President of the Senate on December 20, 2010; At 6:44 p.m., a message from the f to the Committee on Agriculture, Nutrition, House of Representatives, delivered by MEASURES REFERRED and Forestry. Mr. Novotny, one of its reading clerks, EC–8583. A communication from the Direc- The following bills were read the first tor of the Regulatory Management Division, announced that the House has passed and the second times by unanimous Office of Policy, Economics, and Innovation, the following bill, in which it requests consent, and referred as indicated: Environmental Protection Agency, transmit- the concurrence of the Senate: H.R. 5367. An act to amend title 11, District ting, pursuant to law, the report of a rule en- H.R. 6560. An act to amend title 28, United of Columbia Official Code, to revise certain titled ‘‘Flutolanil; Pesticide Tolerances’’ States Code, to clarify and improve certain administrative authorities of the District of (FRL No. 8855-7) received in the Office of the provisions relating to the removal of litiga- Columbia courts, to authorize the District of President of the Senate on December 20, 2010; tion against Federal officers or agencies to Columbia Public Defender Service to provide to the Committee on Agriculture, Nutrition, Federal courts, and for other purposes. professional liability insurance for officers and Forestry. The message also announced that the and employees of the Service for claims re- EC–8584. A joint communication from the lating to services furnished within the scope Under Secretary of Defense (Personnel and House has passed the following bills, Readiness) and the Under Secretary of De- without amendment: of employment with the Service, and for other purposes; to the Committee on Home- fense (Policy), transmitting, pursuant to S. 3481. An act to amend the Federal Water land Security and Governmental Affairs. law, a report entitled ‘‘The Power of the Peo- Pollution Control Act to clarify Federal re- H.R. 5446. An act to designate the facility ple: Building an Integrated National Secu- sponsibility for stormwater pollution. of the United States Postal Service located rity Professional System for the 21st Cen- S. 3903. An act to authorize leases of up to at 600 Florida Avenue in Cocoa, Florida, as tury’’; to the Committee on Armed Services. 99 years for lands held in trust for Ohkay the ‘‘Harry T. and Harriette Moore Post Of- EC–8585. A communication from the Chair- Owingeh Pueblo. fice’’; to the Committee on Homeland Secu- man and President of the Export-Import S. 4036. An act to clarify the National rity and Governmental Affairs. Bank, transmitting, pursuant to law, a re- Credit Union Administration authority to H.R. 5493. An act to provide for the fur- port relative to transactions involving U.S. make stabilization fund expenditures with- nishing of statues by the District of Colum- exports to India; to the Committee on Bank- out borrowing from the Treasury. bia and territories and possessions of the ing, Housing, and Urban Affairs. S. 4058. An act to extend certain expiring United States for display in Statuary Hall in EC–8586. A communication from the Chair- provisions providing enhanced protections the United States Capitol; to the Committee man and President of the Export-Import for servicemembers relating to mortgages on Rules and Administration. Bank, transmitting, pursuant to law, a re- and mortgage foreclosures. H.R. 5702. An act to amend the District of port relative to transactions involving U.S. The message further announced that Columbia Home Rule Act to reduce the wait- exports to Turkey; to the Committee on the House has passed the following bill, ing period for holding special elections to fill Banking, Housing, and Urban Affairs. vacancies in local offices in the District of EC–8587. A communication from the Direc- with amendments, in which it requests tor of the Regulatory Management Division, the concurrence of the Senate: Columbia; to the Committee on Homeland Security and Governmental Affairs. Office of Policy, Economics, and Innovation, S. 372. An act to amend chapter 23 of title H.R. 6205. An act to designate the facility Environmental Protection Agency, transmit- 5, United States Code, to clarify the disclo- of the United States Postal Service located ting, pursuant to law, the report of a rule ensures of information protected from prohib- at 1449 West Avenue in Bronx, New York, as titled ‘‘Determination of Nonattainment and ited personnel practices, require a statement the ‘‘Private Isaac T. Cortes Post Office’’; to Reclassification of the Dallas/Fort Worth in nondisclosure policies, forms, and agree- the Committee on Homeland Security and 1997 8-hour Ozone Nonattainment Area; ments that such policies, forms, and agree- Governmental Affairs. Texas’’ (FRL No. 9240-8) received in the Of- ments conform with certain disclosure pro- H.R. 6397. An act to amend section fice of the President of the Senate on Decem- tections, provide certain authority for the 101(a)(35) of the Immigration and Nationality ber 20, 2010; to the Committee on Environ- Special Counsel, and for other purposes. Act to provide for a marriage for which the ment and Public Works. The message also announced that the parties are not physically in the presence of EC–8588. A communication from the Direc- House has agreed to the following con- each other due to service abroad in the tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, current resolution, without amend- Armed Forces of the United States; to the Committee on the Judiciary . Environmental Protection Agency, transmit- ment: H.R. 6494. An act to amend the National ting, pursuant to law, the report of a rule en- S. Con. Res. 67. Concurrent resolution cele- Defense Authorization Act for Fiscal Year titled ‘‘Approval and Promulgation of Imple- brating 130 years of United States-Romanian 2010 to improve the Littoral Combat Ship mentation Plans; Mississippi; Prevention of diplomatic relations, congratulating the Ro- program of the Navy; to the Committee on Significant Deterioration Rules: Nitrogen manian people on their achievements as a Armed Services. Oxides as a Precursor to Ozone’’ (FRL No. great nation, and reaffirming the deep bonds H.R. 6540. An act to require the Secretary 9241-1) received in the Office of the President of trust and values between the United of Defense, in awarding a contract for the of the Senate on December 20, 2010; to the States and Romania, a trusted and most val- KC–X Aerial Refueling Aircraft Program, to Committee on Environment and Public ued ally. consider any unfair competitive advantage Works. The message further announced that that an offeror may possess; to the Com- EC–8589. A communication from the Direc- the House has agreed to the amend- mittee on Armed Services. tor of the Regulatory Management Division, H.R. 6547. An act to amend the Elementary Office of Policy, Economics, and Innovation, ment of the Senate to the bill (H.R. and Secondary Education Act of 1965 to re- Environmental Protection Agency, transmit- 847) to amend the Public Health Serv- quire criminal background checks for school ting, pursuant to law, the report of a rule en- ice Act to extend and improve protec- employees; to the Committee on Health, titled ‘‘Regulation of Fuels and Fuel Addi- tions and services to individuals di- Education, Labor, and Pensions. tives: Modifications to Renewable Fuel

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.110 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11035 Standard Program’’ (FRL No. 9241-4) re- EC–8597. A communication from the Direc- (FRL No. 8857-4) received in the Office of the ceived in the Office of the President of the tor of the Regulatory Management Division, President of the Senate on December 22, 2010; Senate on December 20, 2010; to the Com- Office of Policy, Economics, and Innovation, to the Committee on Agriculture, Nutrition, mittee on Environment and Public Works. Environmental Protection Agency, transmit- and Forestry. EC–8590. A communication from the Direc- ting, pursuant to law, the report of a rule en- EC–8605. A communication from the Direc- tor of the Regulatory Management Division, titled ‘‘Interim Final Regulation Deferring tor of the Legislative Affairs Division, Nat- Office of Policy, Economics, and Innovation, the Reporting Date for Certain Data Ele- ural Resources Conservation Service, De- Environmental Protection Agency, transmit- ments Required Under the Mandatory Re- partment of Agriculture, transmitting, pur- ting, pursuant to law, the report of a rule en- porting of Greenhouse Gases Rule’’ (FRL No. suant to law, the report of a rule entitled titled ‘‘Approval and Promulgation of Imple- 9242-7) received in the Office of the President ‘‘Grassland Reserve Program, Final Rule’’ mentation Plans; New Jersey; 8-hour Ozone of the Senate on December 22, 2010; to the (RIN0578-AA53) received in the Office of the Control Measures’’ (FRL No. 9214-4) received Committee on Environment and Public President of the Senate on December 22, 2010; in the Office of the President of the Senate Works. to the Committee on Agriculture, Nutrition, on December 20, 2010; to the Committee on EC–8598. A communication from the Direc- and Forestry. Environment and Public Works. tor of the Regulatory Management Division, EC–8606. A communication from the Ad- EC–8591. A communication from the Direc- Office of Policy, Economics, and Innovation, ministrator, Rural Housing Service, Depart- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ment of Agriculture, transmitting, pursuant Office of Policy, Economics, and Innovation, ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Contin- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air uous Construction—Permanent Loan Guar- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; West Vir- antees Under the Section 538 Guaranteed titled ‘‘Revisions to Lead Ambient Air Moni- ginia; Update to Materials Incorporated by Rural Rental Housing Program’’ ((7 CFR toring Requirements’’ (FRL No. 9241-8) re- Reference’’ (FRL No. 9240-1) received in the Part 3565)(RIN0575-AC80)) received in the Of- ceived in the Office of the President of the Office of the President of the Senate on De- fice of the President of the Senate on Decem- Senate on December 20, 2010; to the Com- cember 22, 2010; to the Committee on Envi- ber 22, 2010; to the Committee on Agri- mittee on Environment and Public Works. ronment and Public Works. culture, Nutrition, and Forestry. EC–8592. A communication from the Direc- EC–8599. A communication from the Direc- EC–8607. A communication from the Under tor of the Regulatory Management Division, tor of the Regulatory Management Division, Secretary of Defense (Comptroller), trans- Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, mitting, pursuant to law, a report relative to Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- a violation of the Antideficiency Act that oc- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- curred within the Department of the Air titled ‘‘Environmental Protection Agency titled ‘‘National Emission Standards for Haz- Force and was assigned case number 08-02; to Implementation of OMB Guidance on Drug- ardous Air Pollutants: Gold Mine Ore Proc- the Committee on Appropriations. Free Workplace Requirements’’ (FRL No. essing and Production Area Source Category; EC–8608. A communication from the Under 9242-2) received in the Office of the President and Addition to Source Category List for Secretary of Defense (Comptroller), trans- of the Senate on December 20, 2010; to the Standards’’ (FRL No. 9242-3) received in the mitting, pursuant to law, a report relative to Committee on Environment and Public Office of the President of the Senate on De- a violation of the Antideficiency Act that oc- Works. curred within the Department of the Air EC–8593. A communication from the Direc- cember 22, 2010; to the Committee on Envi- tor of the Regulatory Management Division, ronment and Public Works. Force and was assigned case number 08-03; to EC–8600. A communication from the Direc- Office of Policy, Economics, and Innovation, the Committee on Appropriations. tor of Congressional Affairs , Nuclear Regu- EC–8609. A communication from the Under Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant Secretary of Defense (Acquisition, Tech- ting, pursuant to law, the report of a rule en- nology and Logistics), transmitting, pursu- titled ‘‘Approval and Promulgation of Imple- to law, the report of a rule entitled ‘‘Consid- ant to law, a report relative to the Program mentation Plans; Texas; Emissions Banking eration of Environmental Impacts of Tem- and Trading of Allowances Program’’ (FRL porary Storage of Spent Fuel After Cessation Acquisition Unit Cost for the Chemical De- No. 9243-1) received in the Office of the Presi- of Reactor Operation’’ (RIN3150-AI47) re- militarization-Assembled Chemical Weapons dent of the Senate on December 22, 2010; to ceived in the Office of the President of the Alternative (ACWA) Program exceeding the the Committee on Environment and Public Senate on December 22, 2010; to the Com- Acquisition Program Baseline values by Works. mittee on Environment and Public Works. more than 25 percent; to the Committee on EC–8594. A communication from the Direc- EC–8601. A communication from the Direc- Armed Services. tor of the Regulatory Management Division, tor of Congressional Affairs , Nuclear Regu- EC–8610. A communication from the Under Office of Policy, Economics, and Innovation, latory Commission, transmitting, pursuant Secretary of Defense (Personnel and Readi- Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘General ness), transmitting a report on the approved ting, pursuant to law, the report of a rule en- Design Guide for Ventilation Systems of Plu- retirement of Lieutenant General Frank G. titled ‘‘Approval and Promulgation of Air tonium Processing and Fuel Fabrication Klotz, United States Air Force, and his ad- Quality Implementation Plans; Minnesota; Plants’’ (Regulatory Guide 3.12, Revision 1) vancement to the grade of lieutenant general Sulfur Dioxide SIP Revision for Marathon received in the Office of the President of the on the retired list; to the Committee on Petroleum St. Paul Park’’ (FRL No. 9243-3) Senate on December 22, 2010; to the Com- Armed Services. received in the Office of the President of the mittee on Environment and Public Works. EC–8611. A communication from the Sec- Senate on December 22, 2010; to the Com- EC–8602. A communication from the Direc- retary of Defense, transmitting a report on mittee on Environment and Public Works. tor of Congressional Affairs, Nuclear Regu- the approved retirement of Lieutenant Gen- EC–8595. A communication from the Direc- latory Commission, transmitting, pursuant eral James H. Pillsbury, United States Air tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Pres- Army, and his advancement to the grade of Office of Policy, Economics, and Innovation, sure-Sensitive and Tamper-Indicating Device lieutenant general on the retired list; to the Environmental Protection Agency, transmit- Seals for Material Control and Accounting of Committee on Armed Services. ting, pursuant to law, the report of a rule en- Special Nuclear Material’’ (Regulatory EC–8612. A communication from the Sec- titled ‘‘Approval and Promulgation of Air Guide 5.80) received in the Office of the retary, Division of Corporation Finance, Se- Quality Implementation Plans; Virginia; President of the Senate on December 22, 2010; curities and Exchange Commission, trans- Amendments to Ambient Air Quality Stand- to the Committee on Environment and Pub- mitting, pursuant to law, the report of a rule ards for Particulate Matter’’ (FRL No. 9243- lic Works. entitled ‘‘Extension of Filing Accommoda- 5) received in the Office of the President of EC–8603. A communication from the Direc- tion for Static Pool Information in Filings the Senate on December 22, 2010; to the Com- tor of Congressional Affairs , Nuclear Regu- with Respect to Asset-Backed Securities’’ mittee on Environment and Public Works. latory Commission, transmitting, pursuant (RIN3235-AK70) received in the Office of the EC–8596. A communication from the Direc- to law, the report of a rule entitled ‘‘Notice President of the Senate on December 22, 2010; tor of the Regulatory Management Division, of Availability of Model Application and to the Committee on Banking, Housing, and Office of Policy, Economics, and Innovation, Safety Evaluation for Plant-Specific Adop- Urban Affairs. Environmental Protection Agency, transmit- tion of TSTF-514, Revision 3 ‘Revise BWR EC–8613. A communication from the Sec- ting, pursuant to law, the report of a rule en- Operability Requirements and Actions for retary of the Treasury, transmitting, pursu- titled ‘‘Approval and Promulgation of Air RCS Leaking Instrumentation’’’ (NUREG- ant to law, a six-month periodic report on Quality Implementation Plans; Pennsyl- 1433 and NUREG-1434) received in the Office the national emergency that was declared in vania; Allegheny County’s Adoption of Con- of the President of the Senate on December Executive Order 13405 with respect to trol Techniques Guidelines for Large Appli- 22, 2010; to the Committee on Environment Belarus; to the Committee on Banking, ance and Metal Furniture; Flat Wood Pan- and Public Works. Housing, and Urban Affairs. eling; Paper, Film, and Foil Surface Coating EC–8604. A communication from the Direc- EC–8614. A communication from the Direc- Processes; and Revisions to Definitions and tor of the Regulatory Management Division, tor, Office of Surface Mining, Department of an Existing Regulation’’ (FRL No. 9243-6) re- Office of Policy, Economics, and Innovation, the Interior, transmitting, pursuant to law, ceived in the Office of the President of the Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Montana Regu- Senate on December 22, 2010; to the Com- ting, pursuant to law, the report of a rule en- latory Program’’ (Docket No. MT-029-FOR) mittee on Environment and Public Works. titled ‘‘Imazosulfuron; Pesticide Tolerances’’ received in the Office of the President of the

VerDate Mar 15 2010 05:26 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.112 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11036 CONGRESSIONAL RECORD — SENATE December 22, 2010 Senate on December 22, 2010; to the Com- Department of Education, transmitting, pur- EC–8632. A communication from the Acting mittee on Energy and Natural Resources. suant to law, the report of a rule entitled Director of the Office of Sustainable Fish- EC–8615. A communication from the Direc- ‘‘Supplemental Priorities for Discretionary eries, National Marine Fisheries Service, De- tor, Office of Surface Mining, Department of Grant Programs’’ (RIN1894-AA00) received in partment of Commerce, transmitting, pursu- the Interior, transmitting, pursuant to law, the Office of the President of the Senate on ant to law, the report of a rule entitled the report of a rule entitled ‘‘North Dakota December 22, 2010; to the Committee on ‘‘Fisheries of the Exclusive Economic Zone Regulatory Program’’ (Docket No. ND-051- Health, Education, Labor, and Pensions. Off Alaska; Pacific Cod by Catcher Vessels FOR) received in the Office of the President EC–8625. A communication from the Man- Less Than 60 Feet (18.3 m) Length Overall of the Senate on December 22, 2010; to the agement and Program Analyst, Citizenship Using Hook-and-Line or Pot Gear in the Ber- Committee on Energy and Natural Re- and Immigration Services, Department of ing Sea and Aleutian Islands Management sources. Homeland Security, transmitting, pursuant Area’’ (RIN0648-XA058) received in the Office EC–8616. A communication from the Direc- to law, the report of a rule entitled ‘‘E-2 of the President of the Senate on December tor, Office of Surface Mining, Department of Nonimmigrant Status for Aliens in the Com- 22, 2010; to the Committee on Commerce, the Interior, transmitting, pursuant to law, monwealth of the Northern Mariana Islands Science, and Transportation. the report of a rule entitled ‘‘Texas Regu- with Long-Term Investor Status’’ (RIN1615- EC–8633. A communication from the Assist- latory Program’’ (Docket No. TX-059-FOR) AB75) received in the Office of the President ant Administrator for Fisheries, National received in the Office of the President of the of the Senate on December 22, 2010; to the Marine Fisheries Service, Department of Senate on December 22, 2010; to the Com- Committee on the Judiciary. Commerce, transmitting, pursuant to law, mittee on Energy and Natural Resources. EC–8626. A communication from the Sec- the report of a rule entitled ‘‘Fisheries of the EC–8617. A communication from the Chief retary General of the Inter-Parliamentary Caribbean, Gulf of Mexico, and South Atlan- of the Publications and Regulations Branch, Union, transmitting, a report relative to the tic; Emergency Fisheries Closure in the Gulf Internal Revenue Service, Department of the Chiapas Declaration; to the Committee on of Mexico Due to the Deepwater Horizon Treasury, transmitting, pursuant to law, the Foreign Relations. MC252 Oil Spill; Amendment 4’’ (RIN0648- report of a rule entitled ‘‘Special Rules Re- EC–8627. A communication from the Dep- AY90) received in the Office of the President lating to Funding Relief for Single-Employer uty Assistant Administrator for Regulatory of the Senate on December 22, 2010; to the Pension Plans under PRA 2010’’ (Notice 2011- Programs, Office of Sustainable Fisheries, Committee on Commerce, Science, and 3) received in the Office of the President of Department of Commerce, transmitting, pur- Transportation. the Senate on December 22, 2010; to the Com- suant to law, the report of a rule entitled EC–8634. A communication from the Dep- mittee on Finance. ‘‘Fisheries of the Caribbean, Gulf of Mexico, uty Assistant Administrator for Operations, EC–8618. A communication from the Chief and South Atlantic; Snapper-Grouper Fish- National Marine Fisheries Service, Depart- of the Publications and Regulations Branch, ery Off the South Atlantic States; Emer- ment of Commerce, transmitting, pursuant Internal Revenue Service, Department of the gency Rule to Delay Effectiveness of the to law, the report of a rule entitled ‘‘Fish- Treasury, transmitting, pursuant to law, the Snapper-Grouper Area Closure’’ (RIN0648- eries of the Caribbean, Gulf of Mexico, and report of a rule entitled ‘‘Applicable Federal BA47) received in the Office of the President South Atlantic; Emergency Fisheries Clo- Rates—January 2011’’ (Rev. Rul. 2011-2) re- of the Senate on December 22, 2010; to the sure in the Gulf of Mexico Due to the Deep- ceived in the Office of the President of the Committee on Commerce, Science, and water Horizon MC252 Oil Spill; Amendment Senate on December 22, 2010; to the Com- Transportation. 3’’ (RIN0648-AY90) received in the Office of mittee on Finance. EC–8628. A communication from the Acting the President of the Senate on December 22, EC–8619. A communication from the Chief Director of the Office of Sustainable Fish- 2010; to the Committee on Commerce, of the Publications and Regulations Branch, eries, National Marine Fisheries Service, De- Science, and Transportation. Internal Revenue Service, Department of the partment of Commerce, transmitting, pursu- EC–8635. A communication from the Chief Treasury, transmitting, pursuant to law, the ant to law, the report of a rule entitled Judge, Court of Appeals of Maryland, trans- report of a rule entitled ‘‘Rules for Group ‘‘Fisheries of the Northeastern United mitting, a report relative to Interest on At- Trusts’’ (Rev. Rul. 2011-1) received in the Of- States; Atlantic Herring Fishery; Temporary torneys Trust Accounts; to the Committee fice of the President of the Senate on Decem- Removal of 2,000-lb (907.2-kg) Herring Trip on Banking, Housing, and Urban Affairs . ber 22, 2010; to the Committee on Finance. Limit in Atlantic Herring Management Area EC–8636. A communication from the Dep- EC–8620. A communication from the Fed- 1A’’ (RIN0648-XA053) received in the Office of uty Assistant Secretary for Import Adminis- eral Register Certifying Officer, Financial the President of the Senate on December 22, tration, Foreign-Trade Zones Board, Depart- Management Service, Department of the 2010; to the Committee on Commerce, ment of Commerce, transmitting, pursuant Treasury, transmitting, pursuant to law, the Science, and Transportation. to law, an annual report on the Activities of report of a rule entitled ‘‘Federal Govern- EC–8629. A communication from the Acting the Foreign-Trade Zones Board, for fiscal ment Participation in the Automated Clear- Director of the Office of Sustainable Fish- year 2009; to the Committee on Finance. ing House’’ (RIN1510-AB24) received in the eries, National Marine Fisheries Service, De- Office of the President of the Senate on De- partment of Commerce, transmitting, pursu- f cember 20, 2010; to the Committee on Fi- ant to law, the report of a rule entitled REPORTS OF COMMITTEES nance. ‘‘Fisheries of the Northeastern United EC–8621. A communication from the Fed- States; Atlantic Herring Fishery; Temporary The following reports of committees eral Register Certifying Officer, Financial Removal of 2,000-lb (907.2-kg) Herring Trip were submitted: Management Service, Department of the Limit in Atlantic Herring Management Area By Mr. KERRY, from the Committee on Treasury, transmitting, pursuant to law, the 1A’’ (RIN0648-XA039) received in the Office of Foreign Relations, without amendment: report of a rule entitled ‘‘Management of the President of the Senate on December 22, S. 3688. A bill to establish an international Federal Agency Disbursements’’ (RIN1510- 2010; to the Committee on Commerce, professional exchange program, and for other AB26) received in the Office of the President Science, and Transportation. purposes (Rept. No. 111–383). of the Senate on December 20, 2010; to the EC–8630. A communication from the Acting By Mr. ROCKEFELLER, from the Com- Committee on Finance. Director of the Office of Sustainable Fish- mittee on Commerce, Science, and Transpor- EC–8622. A communication from the Assist- eries, National Marine Fisheries Service, De- tation: ant Legal Adviser for Treaty Affairs, Depart- partment of Commerce, transmitting, pursu- Report to accompany S. 773, a bill to en- ment of State, transmitting, pursuant to the ant to law, the report of a rule entitled ‘‘At- sure the continued free flow of commerce Case-Zablocki Act, 1 U.S.C. 112b, as amended, lantic Highly Migratory Species; Inseason within the United States and with its global the report of the texts and background state- Action to Close the Commercial Non-Sand- trading partners through secure cyber comments of international agreements, other bar Large Coastal Shark Fishery in the At- munications, to provide for the continued de- than treaties (List 2010-0176—2010-0189); to lantic Region’’ (RIN0648-XA052) received in velopment and exploitation of the Internet the Committee on Foreign Relations. the Office of the President of the Senate on and intranet communications for such pur- EC–8623. A communication from the Assist- December 22, 2010; to the Committee on Com- poses, to provide for the development of a ant Secretary, Bureau of Legislative Affairs, merce, Science, and Transportation. cadre of information technology specialists Department of State, transmitting, pursuant EC–8631. A communication from the Acting to improve and maintain effective cybersecu- to the Arms Export Control Act, the certifi- Director of the Office of Sustainable Fish- rity defenses against disruption, and for cation of a proposed manufacturing license eries, National Marine Fisheries Service, De- other purposes (Rept. No. 111–384). agreement for the export of defense articles, partment of Commerce, transmitting, pursu- Report to accompany S. 2764, a bill to reau- to include technical data, and defense servant to law, the report of a rule entitled thorize the Satellite Home Viewer Extension ices for the manufacture in Saudi Arabia of ‘‘Fisheries Off West Coast States; Modifica- and Reuathorization Act of 2004, and for RR-170 Chaff Cartridges, RR-180 Chaff Car- tions of the West Coast Commercial and Rec- other purposes (Rept. No. 111–385). tridges, MJU-7A/B Flare Cartridges, MJU-10/ reational Salmon Fisheries; Inseason Ac- Report to accompany S. 3304, a bill to in- B Flare Cartridges and M206 Flare Cartridges tions No. 12 and No. 13’’ (RIN0648-XY31) re- crease the access of persons with disabilities in the amount of $50,000,000 or more; to the ceived in the Office of the President of the to modern communications, and for other Committee on Foreign Relations. Senate on December 22, 2010; to the Com- purposes (Rept. No. 111–386). EC–8624. A communication from the Assist- mittee on Commerce, Science, and Transpor- Report to accompany S. 1274, a bill to ant General Counsel for Regulatory Services, tation. amend title 46, United States Code, to ensure

VerDate Mar 15 2010 05:56 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.114 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11037 that the prohibition on disclosure of mari- S. 4055. A bill to extend trade adjustment (Mr. LIEBERMAN), the Senator from time transportation security information is assistance, and for other purposes; to the Massachusetts (Mr. BROWN), the Sen- not used inappropriately to shield certain Committee on Finance. ator from Alaska (Ms. MURKOWSKI), the other information from public disclosure, By Mr. CASEY: Senator from Arizona (Mr. MCCAIN), and for other purposes (Rept. No. 111–387). S. 4056. A bill to amend the Internal Rev- Report to accompany S. 2870, a bill to es- enue Code of 1986 to permit the disclosure of the Senator from Nebraska (Mr. tablish uniform administrative and enforce- certain tax return information for the pur- JOHANNS), the Senator from Michigan ment procedures and penalties for the en- poses of missing or exploited children inves- (Mr. LEVIN), the Senator from Arizona forcement of the High Seas Driftnet Fishing tigations; to the Committee on Finance. (Mr. KYL), the Senator from Indiana Moratorium Protection Act and similar stat- By Mr. SANDERS (for himself and Mr. (Mr. BAYH), and the Senator from Alas- utes, and for other purposes (Rept. No. 111– LEAHY): ka (Mr. BEGICH) were added as cospon- 388). S. 4057. A bill to provide for an earlier start sors of amendment No. 4904 proposed to for State health care coverage innovation Treaty Doc. 111–5, treaty between the f waivers under the Patient Protection and Af- United States of America and the Rus- EXECUTIVE REPORT OF fordable Care Act, and for other purposes; to sian Federation on Measures for the COMMITTEE the Committee on Health, Education, Labor, and Pensions. Further Reduction and Limitation of The following executive report of By Mr. KERRY: Strategic Offensive Arms, signed in committee was submitted on December S. 4058. A bill to extend certain expiring Prague on April 8, 2010, with Protocol. provisions providing enhanced protections 22, 2010: At the request of Mr. LUGAR, his for servicemembers relating to mortgages By Mr. KERRY, from the Committee on name was added as a cosponsor of Foreign Relations: and mortgage foreclosure; considered and passed. amendment No. 4904 proposed to Trea- [Treaty Doc. 110–23 Investment Treaty with By Mr. MENENDEZ: ty Doc. 111–5, supra. Rwanda with one declaration (Ex. Rept. S. 4059. A bill to authorize the Department 111–8)] of House and Urban Development to trans- f The text of the committee-recommended form neighborhoods of extreme poverty into resolution of advice and consent to ratifica- sustainable, mixed-income neighborhoods tion is as follows: with access to economic opportunities, by re- STATEMENTS ON INTRODUCED Resolved (two-thirds of the Senators present vitalizing severely distressed housing, and BILLS AND JOINT RESOLUTIONS concurring therein), investing and leveraging investments in By Mr. SPECTER: Section 1. Senate Advice and Consent sub- well-functioning services, educational oppor- ject to a declaration. tunities, public assets, public transportation, S. 4054. A bill to restore the law gov- The Senate advises and consents to the and improved access to jobs; to the Com- erning pleading and pleading motions ratification of the Treaty Between the Gov- mittee on Banking, Housing, and Urban Af- that existed before the decisions of the ernment of the United States of America and fairs. Supreme Court of the United States in the Government of the Republic of Rwanda f Bell Atlantic v. Twombly, 550 U.S. 544 Concerning the Encouragement and Recip- (2007), and Ashcroft v. Iqbal, 129 S. Ct. rocal Protection of Investment, signed at SUBMISSION OF CONCURRENT AND 1937 (2009); to the Committee on the Ju- Kigali on February 19, 2008 (Treaty Doc. 110– SENATE RESOLUTIONS diciary. 23), subject to the declaration of section 2. Section 2. Declaration. The following concurrent resolutions Mr. SPECTER. Mr. President, last The advice and consent of the Senate and Senate resolutions were read, and year I introduced the Notice Pleading under section 1 is subject to the following referred (or acted upon), as indicated: Restoration Act of 2009, H.R. 1504. As I declaration: By Mr. SCHUMER (for himself and Mr. explained in my accompanying floor Articles 3 through 10 and other provisions BENNETT): statement, my objective was to restore that qualify or create exceptions to these Ar- S. Res. 705. A resolution providing for a the pleading standard that had gov- ticles are self-executing. With the exception technical correction to S. Res. 700; consid- erned federal civil practice if not since ered and agreed to. of these Articles, the Treaty is not self-exe- the Federal Rules of Procedure origi- cuting. None of the provisions in this Treaty By Mr. REID (for himself, Mr. MCCON- confers a private right of action. NELL, Mr. KERRY, and Mr. KYL): nally took effect in 1938, then at very S. Res. 706. A resolution extending the au- least since the Supreme Court decided f thority for the Senate National Security Conley v. Gibson in 1957. Several INTRODUCTION OF BILLS AND Working Group; considered and agreed to. months earlier the Supreme Court had JOINT RESOLUTIONS By Mr. REID: issued the second of two controversial S. Res. 707. A resolution honoring Lula decisions—Bell Atlantic Corp. v. The following bills and joint resolu- Davis; considered and agreed to. Twombly, 2007, and Iqbal v. Ashcroft, tions were introduced, read the first f 2009—in which it had replaced that and second times by unanimous con- standard with a heightened pleading sent, and referred as indicated: ADDITIONAL COSPONSORS standard that, not least among its sev- By Mr. MERKLEY (for himself, Mr. S. 3424 eral flaws, was plainly inconsistent JOHNSON, Mr. CORKER, and Mr. ENZI): At the request of Mr. DURBIN, the with the original meaning of the Fed- S. 4052. A bill to require the Federal De- name of the Senator from California posit Insurance Corporation to fully insure eral Rules. My concern was not only Interest on Lawyers Trust Accounts; to the (Mrs. FEINSTEIN) was added as a co- that the Court had closed the court- Committee on Banking, Housing, and Urban sponsor of S. 3424, a bill to amend the house doors to plaintiffs with meri- Affairs. Animal Welfare Act to provide further torious claims and limited the private By Ms. LANDRIEU (for herself and Ms. protection for puppies. enforcement of public law, but also SNOWE): AMENDMENT NO. 4892 that, in yet another of its recent incur- S. 4053. A bill to reauthorize and improve At the request of Mr. JOHANNS, his sions on Congress’s lawmaking powers, the SBIR and STTR programs, and for other name was added as a cosponsor of purposes; considered and passed. it had end-run the process for amend- By Mr. SPECTER: amendment No. 4892 proposed to Trea- ing the Rules established by the Rules S. 4054. A bill to restore the law governing ty Doc. 111–5, treaty between the Enabling Act of 1934. That process in- pleading and pleading motions that existed United States of America and the Rus- cludes, as its last step, Congressional before the decisions of the Supreme Court of sian Federation on Measures for the approval of any amendment. the United States in Bell Atlantic v. Further Reduction and Limitation of While there was widespread agree- Twombly, 550 U.S. 544 (2007), and Ashcroft v. Strategic Offensive Arms, signed in ment among the country’s leading aca- Iqbal, 129 S. Ct. 1937 (2009); to the Committee Prague on April 8, 2010, with Protocol. on the Judiciary. demic proceduralists on the need for By Mr. BROWN of Ohio (for himself, AMENDMENT NO. 4904 legislation overruling the Court’s deci- Mr. CASEY, Mr. BINGAMAN, Mrs. At the request of Mr. CORKER, the sions, there was much less agreement HAGAN, and Ms. STABENOW): names of the Senator from Connecticut among them as to what, exactly, the

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.116 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11038 CONGRESSIONAL RECORD — SENATE December 22, 2010 legislation should say. I chose in S. much of his valuable time during the 111th Congress, after a long and distin- 1504 to incorporate the pleading stand- last year-and-a-half. I commend his un- guished career; ard set forth in Conley. A companion impeachable testimony to my col- Whereas Lula Davis was first elected as As- House bill introduced after S. 1504, H.R. leagues and their staffs. sistant Democratic Secretary in 1997, and she was the first woman ever to hold that po- 4115, took a somewhat different ap- Not all of these lawyers, I must em- sition; proach. Various commentators pro- phasize in closing, endorse my legisla- Whereas Lula Davis was elected to be the posed yet other approaches. tion, and none of them of course is re- Secretary for the Majority at the beginning After a hearing on the legislation be- sponsible for its particulars. Most of of the 111th Congress, the first African fore the Judiciary Committee, I con- them submitted prepared statements American to serve in this position, and dur- sulted through my general counsel, for the record of the December 2 hearing the 111th Congress she has expertly tack- Matthew L. Wiener, with leading aca- ing, and their individual views can be led one of the toughest jobs in politics; demic proceduralists and several dis- found there. Whereas throughout her time in the Sen- tinguished practicing lawyers with an ate, Lula Davis has played a major role in eye toward offering a possible sub- f managing the debate and passage of many significant pieces of legislation; stitute amendment. The conclusion I SUBMITTED RESOLUTIONS Whereas many legislative accomplish- soon drew was that Congress must in- ments over the years would not have hap- deed overrule Twombly and Iqbal but pened without the leadership of Lula Davis; without (as the Court had done) pre- SENATE RESOLUTION 705—PRO- Whereas Lula Davis lived in rural Lou- scribing a pleading standard outside VIDING FOR A TECHNICAL COR- isiana, and worked as a teacher and guidance the rulemaking process established by RECTION TO S. RES. 700 counselor; Whereas Lula Davis remains committed to the Enabling Act. The best way to do Mr. SCHUMER (for himself and Mr. so, I concluded, was simply to draft children in our community, founding and BENNETT) submitted the following reso- continuing to run a nonprofit mentoring and legislation requiring adherence to the lution; which was considered and charitable organization called ‘‘Leadership Supreme Court’s pre-Twombly deci- agreed to: Cares,’’ which provides holiday meals to sions interpreting the applicable fed- S. RES. 705 more than 650 families annually; eral rules unless and until they are Whereas Lula Davis has encouraged many Resolved, amended in accordance with the Ena- of her fellow Senate staff to volunteer along- bling Act. The bill I have introduced SECTION 1. TECHNICAL CORRECTION. side her family and friends to make a dif- Senate Resolution 700, 111th Congress, ference for those in need; today, the Notice Pleading Restoration agreed to December 10, 2010, is amended in Act of 2010, takes just that approach. I Whereas Lula Davis started her Senate ca- section 3(b)— reer as a legislative aide to her home-state urge the next Congress to take up this (1) by striking paragraph (1); and Senator, Russell Long, and went on to serve bill when it convenes in January. (2) by redesignating paragraphs (2) through in almost every position on the floor staff, For their wise counsel in helping me (5) as paragraphs (1) through (4), respec- including office assistant, floor assistant, work through the issues presented by tively. chief floor assistant, Assistant Secretary, the legislation, I would like to ac- f and Secretary; knowledge and thank the following Whereas Lula Davis is a master of the com- lawyers, most of them professors of SENATE RESOLUTION 706—EX- plex formal and informal rules under which civil procedure: Allen D. Black, a part- TENDING THE AUTHORITY FOR the Senate operates; ner at Fine, Kaplan & Black, R.P.C.; THE SENATE NATIONAL SECU- Whereas Lula Davis has consistently pro- RITY WORKING GROUP vided thoughtful and reliable advice to both John S. Beckerman, Professor of Law, Democratic and Republican leadership and Rutgers University School of Law- Mr. REID (for himself, Mr. MCCON- all members of the Senate; Camden; Stephen B. Burbank, the NELL, Mr. KERRY, and Mr. KYL) sub- Whereas Lula Davis is loyal to the Senate David Berger Professor for the Admin- mitted the following resolution; which and to Senators, and respects the traditions istration of Justice at the University was considered and agreed to: that make this body great; Whereas the Senate has tremendous re- of Pennsylvania Law School; Sean S. RES. 706 spect for Lula Davis and her hard work, and Carter, a shareholder of Cozen O’Con- Resolved, That Senate Resolution 105 of the nor; Jonathan W. Cuneo, a partner at deeply appreciates her enormous contribu- One Hundred First Congress, 1st session tions to the Senate and to the United States: Cuneo Gilbert & LaDuca LLP and a (agreed to on April 13, 1989), as amended by Now, therefore, be it former counsel to the House Judiciary Senate Resolution 149 of the One Hundred Resolved, That the Senate expresses its Committee; Michael C. Dorf, the Rob- Third Congress, 1st session (agreed to on Oc- deepest thanks to Lula Davis for her many ert S. Stevens Professor of Law at Cor- tober 5, 1993), as further amended by Senate years of outstanding service to the United nell University School of Law; William Resolution 75 of the One Hundred Sixth Con- States Senate and to the United States of N. Eskridge, Jr., the John A. Garver gress, 1st session (agreed to on March 25, America. 1999), as further amended by Senate Resolu- Professor of Jurisprudence at Yale Law tion 383 of the One Hundred Sixth Congress, f School; Suzette M. Malveaux, Asso- 2d session (agreed to on October 27, 2000), as AMENDMENTS SUBMITTED AND ciate Professor of Law, Columbus further amended by Senate Resolution 355 of PROPOSED School of Law, Catholic University of the One Hundred Seventh Congress, 2d ses- America; Arthur R. Miller, University sion (agreed to on November 13, 2002), as fur- SA 4921. Mr. LEVIN (for himself and Mr. MCCAIN) proposed an amendment to the bill Professor at the New York University ther amended by Senate Resolution 480 of the One Hundred Eighth Congress, 2d session H.R. 6523, to authorize appropriations for fis- School of Law; John Payton, President cal year 2011 for military activities of the and Director-Counsel, NAACP Legal (agreed to November 20, 2004), as further amended by Senate Resolution 625 of the One Department of Defense, for military con- Defense Fund; Alexander Reinert, an Hundred Ninth Congress, 2d Session (agreed struction, and for defense activities of the Associate Professor of Law at the Ben- to on December 6, 2006), and as further Department of Energy, to prescribe military jamin Cardozo School of Law; David L. amended by Senate Resolution 715 of the One personnel strengths for such fiscal year, and Shapiro, the William Nelson Cromwell Hundred Tenth Congress, 2d session (agreed for other purposes. to November 20, 2008), is further amended in SA 4922. Mr. KIRK submitted an amend- Professor of Law, Emeritus, at Harvard ment intended to be proposed to amendment Law School; Stephen N. Subrin, Pro- section 4 by striking ‘‘2010’’ and inserting ‘‘2012’’. SA 4904 proposed by Mr. CORKER to Treaty fessor of Law, Northeastern University Doc. 111—5, Treaty between the United School of Law; and Tobias Barrington f States of America and the Russian Federa- Wolff, a Professor of Law at the Uni- tion on Measures for the Further Reduction SENATE RESOLUTION 707— versity of Pennsylvania Law School. and Limitation of Strategic Offensive Arms, HONORING LULA DAVIS Professor Burbank deserves special signed in Prague on April 8, 2010, with Pro- acknowledgment for first suggesting Mr. REID submitted the following tocol. and explaining the general approach resolution; which was considered and SA 4923. Mr. REID (for Mrs. GILLIBRAND agreed to: (for herself and Mr. SCHUMER)) proposed an underlying my bill during his testi- amendment to the bill H.R. 847, to amend the mony before the Senate Judiciary S. RES. 707 Public Health Service Act to extend and im- Committee on December 2, 2009, and Whereas Lula Davis, the Secretary for the prove protections and services to individuals special thanks for lending my staff so Majority, will be retiring at the end of the directly impacted by the terrorist attack in

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.131 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11039 New York City on September 11, 2001, and for provide full coverage for NATO members on tems do not constitute a basis for ques- other purposes. the continent, as well as deployed U.S. tioning the effectiveness and viability of the SA 4924. Mr. BROWN of Ohio (for himself, forces, against the growing threat posed by New START Treaty, and therefore would not Mr. CASEY, Mr. BAUCUS, Mr. MCCAIN, and Mr. the proliferation of ballistic missiles. The give rise to circumstances justifying Rus- KYL) proposed an amendment to the bill H.R. final phase of the system will also augment sia’s withdrawal from the Treaty. 6517, to extend trade adjustment assistance our current defenses against interconti- Regardless of Russia’s actions in this re- and certain trade preference programs, to nental ballistic missiles from Iran targeted gard, as long as I am President, and as long amend the Harmonized Tariff Schedule of against the United States. as the Congress provides the necessary fund- the United States to modify temporarily cer- All NATO allies agreed in Lisbon that the ing, the United States will continue to de- tain rates of duty, and for other purposes. growing threat of missile proliferation, and velop and deploy effective missile defenses to our Article 5 commitment of collective de- f protect the United States, our deployed fense, requires that the Alliance develop a forces, and our allies and partners. My Ad- TEXT OF AMENDMENTS territorial missile defense capability. The ministration plans to deploy all four phases Alliance further agreed that the EPAA, SA 4921. Mr. LEVIN (for himself and of the EPAA. While advances of technology which I announced in September 2009, will be or future changes in the threat could modify Mr. MCCAIN) proposed an amendment a crucial contribution to this capability. to the bill H.R. 6523, to authorize ap- the details or timing of the later phases of Starting in 2011, we will begin deploying the the EPAA—one reason this approach is propriations for fiscal year 2011 for first phase of the EPAA, to protect large called ‘‘adaptive’’—I will take every action military activities of the Department parts of southern Europe from short- and available to me to support the deployment of of Defense, for military construction, medium-range ballistic missile threats. In all four phases. and for defense activities of the De- subsequent phases, we will deploy longer- Sincerely, range and more effective land-based Stand- partment of Energy, to prescribe mili- BARACK OBAMA. ard Missile–3 (SM–3) interceptors in Romania tary personnel strengths for such fiscal and Poland to protect Europe against SA 4923. Mr. REID (for Mrs. year, and for other purposes; as fol- medium- and intermediate-range ballistic GILLIBRAND (for herself and Mr. SCHU- lows: missiles. In the final phase, planned for the MER)) proposed an amendment to the Strike title XVII and the corresponding end of the decade, further upgrades of the table of contents on page 18. SM–3 interceptor will provide an ascent- bill H.R. 847, to amend the Public phase intercept capability to augment our Health Service Act to extend and im- SA 4922. Mr. KIRK submitted an defense of NATO European territory, as well prove protections and services to indi- amendment intended to be proposed to as that of the United States, against future vidual directly impacted by the ter- amendment SA 4904 proposed by Mr. threats of ICBMs launched from Iran. rorist attack in New York City on Sep- The Lisbon decisions represent an historic tember 11, 2001, and for other purposes; CORKER to Treaty Doc. 111–5, Treaty achievement, making clear that all. NATO between the United States of America allies believe we need an effective territorial as follows: and the Russian Federation on Meas- missile defense to defend against the threats Strike all after the enacting clause and in- ures for the Further Reduction and we face now and in the future., The EPAA sert the following: Limitation of Strategic Offensive represents the right response. At Lisbon, the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Arms, signed in Prague on April 8, 2010, Alliance also invited the Russian Federation (a) SHORT TITLE.—This Act may be cited as with Protocol; as follows: to cooperate on missile defense, which could the ‘‘James Zadroga 9/11 Health and Com- lead to adding Russian capabilities to those pensation Act of 2010’’. On page 2, after line 19, add the following: deployed by NATO to enhance our common (b) TABLE OF CONTENTS.—The table of con- (2) MISSILE DEFENSE.—It is the under- security against common threats. The Lis- tents of this Act is as follows: standing of the United States that the advice bon Summit thus demonstrated that the Al- and consent of the Senate to the New START Sec. 1. Short title; table of contents. liance’s missile defenses can be strengthened Treaty is subject to the understanding, TITLE I—WORLD TRADE CENTER by improving NATO-Russian relations. which shall be transmitted to the Russian This comes even as we have made clear HEALTH PROGRAM Federation at the time of the exchange of in- that the system we intend to pursue with Sec. 101. World Trade Center Health Pro- struments of ratification, stated in the letter Russia will not be a joint system, and it will gram. transmitted by President Barack Obama to not in any way limit United States’ or ‘‘TITLE XXXIII—WORLD TRADE CENTER the Majority Leader of the United States NATO’s missile defense capabilities. Effec- HEALTH PROGRAM Senate on December 18, 2010, the text of tive cooperation with Russia could enhance which is as follows: ‘‘Subtitle A—Establishment of Program; the overall effectiveness and efficiency of Advisory Committee THE WHITE HOUSE, our combined territorial missile defenses, ‘‘Sec. 3301. Establishment of World Washington, December 18, 2010. and at the same time provide Russia with Trade Center Health Program. Hon. HARRY M. REID, greater security. Irrespective of how co- ‘‘Sec. 3302. WTC Health Program Sci- Majority Leader, U.S. Senate, operation with Russia develops, the Alliance entific/Technical Advisory Washington, DC. alone bears responsibility for defending Committee; WTC Health Pro- DEAR SENATOR REID: As the Senate con- NATO’s members, consistent with our Trea- gram Steering Committees. siders the New START Treaty, I want to ty obligations for collective defense. The ‘‘Sec. 3303. Education and outreach. share with you my views on the issue of mis- EPAA and NATO’s territorial missile defense ‘‘Sec. 3304. Uniform data collection and sile defense, which has been the subject of capability will allow us to do that. much debate in the Senate’s review of the In signing the New START Treaty, the analysis. Treaty. Russian Federation issued a statement that ‘‘Sec. 3305. Clinical Centers of Excel- Pursuant to the National Missile Defense expressed its view that the extraordinary lence and Data Centers. Act of 1999 (Public Law 106–38), it has long events referred to in Article XIV of the Trea- ‘‘Sec. 3306. Definitions. been the policy of the United States to de- ty include a ‘‘build-up in the missile defense ‘‘Subtitle B—Program of Monitoring, Initial ploy as soon as is technologically possible an capabilities of the United States of America Health Evaluations, and Treatment effective National Missile Defense system ca- such that it would give rise to a threat to ‘‘PART 1—WTC RESPONDERS pable of defending the territory of the United the strategic nuclear potential of the Rus- ‘‘Sec. 3311. Identification of WTC re- States against limited ballistic missile at- sian Federation.’’ Article XIV(3), as you sponders and provision of WTC- tack, whether accidental, unauthorized, or know, gives each Party the right to with- related monitoring services. deliberate. Thirty ground-based interceptors draw from the Treaty if it believes its su- ‘‘Sec. 3312. Treatment of enrolled WTC based at Fort Greely, Alaska, and Vanden- preme interests are jeopardized. responders for WTC-related berg Air Force Base, California, are now de- The United States did not and does not health conditions. fending the nation. All United States missile agree with the Russian statement, We be- ‘‘Sec. 3313. National arrangement for defense programs—including all phases of lieve that the continued development and de- benefits for eligible individuals the European Phased Adaptive Approach to ployment of U.S. missile defense systems, in- outside New York. missile defense (EPAA) and programs to de- cluding qualitative and quantitative im- fend United States deployed forces, allies, provements to such systems, do not and will ‘‘PART 2—WTC SURVIVORS and partners against regional threats—are not threaten the strategic balance with the ‘‘Sec. 3321. Identification and initial consistent with this policy. Russian Federation, and have provided pol- health evaluation of screening- The New START Treaty places no limita- icy and technical explanations to Russia on eligible and certified-eligible tions on the development or deployment of why we believe that to be the case. Although WTC survivors. our missile defense programs. As the NATO the United States cannot circumscribe Rus- ‘‘Sec. 3322. Followup monitoring and Summit meeting in Lisbon last month un- sia’s sovereign rights under Article XIV(3), treatment of certified-eligible derscored, we are proceeding apace with a we believe that the continued improvement WTC survivors for WTC-related missile defense system in Europe designed to and deployment of U.S. missile defense sys- health conditions.

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0655 E:\CR\FM\A22DE6.122 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11040 CONGRESSIONAL RECORD — SENATE December 22, 2010 ‘‘Sec. 3323. Followup monitoring and toring and treatment and payment, subject ‘‘(ii) of the individuals who were certified, treatment of other individuals to the provisions of subsection (d), for all on the number who received monitoring with WTC-related health condi- medically necessary health and mental under the program and the number of such tions. health care expenses of an individual with individuals who received medical treatment ‘‘PART 3—PAYOR PROVISIONS respect to a WTC-related health condition under the program; (including necessary prescription drugs). ‘‘(iii) with respect to individuals so cer- ‘‘Sec. 3331. Payment of claims. ‘‘(4) OUTREACH.—Establishment under sec- tified who received such treatment, on the ‘‘Sec. 3332. Administrative arrangement tion 3303 of an education and outreach pro- WTC-related health conditions for which authority. gram to potentially eligible individuals con- they were treated; and ‘‘Subtitle C—Research Into Conditions cerning the benefits under this title. ‘‘(iv) on the projected number of individ- ‘‘Sec. 3341. Research regarding certain ‘‘(5) CLINICAL DATA COLLECTION AND ANAL- uals who will be certified under subtitle B in health conditions related to YSIS.—Collection and analysis under section the succeeding fiscal year and the succeeding September 11 terrorist attacks. 3304 of health and mental health data relat- 10-year period. ‘‘Sec. 3342. World Trade Center Health ing to individuals receiving monitoring or ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- Registry. treatment benefits in a uniform manner in TION, AND TREATMENT COSTS.—For each clin- ‘‘Subtitle D—Funding collaboration with the collection of epide- ical program so described— miological data under section 3342. ‘‘(i) information on the costs of monitoring ‘‘Sec. 3351. World Trade Center Health ‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- and initial health evaluation and the costs of Program Fund. tablishment under subtitle C of a research treatment and on the estimated costs of such TITLE II—SEPTEMBER 11TH VICTIM program on health conditions resulting from monitoring, evaluation, and treatment in COMPENSATION FUND OF 2001 the September 11, 2001, terrorist attacks. the succeeding fiscal year; and Sec. 201. Definitions. ‘‘(c) NO COST SHARING.—Monitoring and ‘‘(ii) an estimate of the cost of medical Sec. 202. Extended and expanded eligibility treatment benefits and initial health evalua- treatment for WTC-related health conditions for compensation. tion benefits are provided under subtitle B that have been paid for or reimbursed by Sec. 203. Requirement to update regulations. without any deductibles, copayments, or workers’ compensation, by public or private Sec. 204. Limited liability for certain other cost sharing to an enrolled WTC re- health plans, or by New York City under sec- claims. sponder or certified-eligible WTC survivor. tion 3331. Sec. 205. Funding; attorney fees. Initial health evaluation benefits are pro- ‘‘(C) ADMINISTRATIVE COSTS.—Information vided under subtitle B without any TITLE III—REVENUE RELATED on the cost of administering the program, in- deductibles, copayments, or other cost shar- PROVISIONS cluding costs of program support, data col- ing to a screening-eligible WTC survivor. lection and analysis, and research conducted Sec. 301. Excise tax on foreign procurement. ‘‘(d) PREVENTING FRAUD AND UNREASON- under the program. Sec. 302. Renewal of fees for visa-dependent ABLE ADMINISTRATIVE COSTS.— ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Infor- employers. ‘‘(1) FRAUD.—The Inspector General of the mation on the administrative performance of Department of Health and Human Services TITLE IV—BUDGETARY EFFECTS the program, including— shall develop and implement a program to Sec. 401. Compliance with Statutory Pay- ‘‘(i) the performance of the program in pro- review the WTC Program’s health care ex- As-You-Go Act of 2010. viding timely evaluation of and treatment to penditures to detect fraudulent or duplicate eligible individuals; and TITLE I—WORLD TRADE CENTER HEALTH billing and payment for inappropriate serv- ‘‘(ii) a list of the Clinical Centers of Excel- PROGRAM ices. This title is a Federal health care pro- lence and other providers that are partici- SEC. 101. WORLD TRADE CENTER HEALTH PRO- gram (as defined in section 1128B(f) of the So- pating in the program. GRAM. cial Security Act) and is a health plan (as de- ‘‘(E) SCIENTIFIC REPORTS.—A summary of The Public Health Service Act is amended fined in section 1128C(c) of such Act) for pur- the findings of any new scientific reports or by adding at the end the following new title: poses of applying sections 1128 through 1128E studies on the health effects associated with of such Act. ‘‘TITLE XXXIII—WORLD TRADE CENTER exposure described in section 3306(1), includ- ‘‘(2) UNREASONABLE ADMINISTRATIVE HEALTH PROGRAM ing the findings of research conducted under COSTS.—The Inspector General of the Depart- ‘‘Subtitle A—Establishment of Program; section 3341(a). ment of Health and Human Services shall de- Advisory Committee ‘‘(F) ADVISORY COMMITTEE RECOMMENDA- velop and implement a program to review TIONS.—A list of recommendations by the ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE the WTC Program for unreasonable adminis- WTC Scientific/Technical Advisory Com- CENTER HEALTH PROGRAM. trative costs, including with respect to infra- mittee on additional WTC Program eligi- ‘‘(a) IN GENERAL.—There is hereby estab- structure, administration, and claims proc- bility criteria and on additional WTC-related lished within the Department of Health and essing. health conditions and the action of the WTC Human Services a program to be known as ‘‘(e) QUALITY ASSURANCE.—The WTC Pro- the World Trade Center Health Program, gram Administrator working with the Clin- Program Administrator concerning each which shall be administered by the WTC Pro- ical Centers of Excellence shall develop and such recommendation. gram Administrator, to provide beginning on implement a quality assurance program for ‘‘(3) SEPARATE CLINICAL PROGRAMS DE- July 1, 2011— the monitoring and treatment delivered by SCRIBED.—In paragraph (2), each of the fol- ‘‘(1) medical monitoring and treatment such Centers of Excellence and any other lowing shall be treated as a separate clinical benefits to eligible emergency responders participating health care providers. Such program of the WTC Program: and recovery and cleanup workers (including program shall include— ‘‘(A) FIREFIGHTERS AND RELATED PER- those who are Federal employees) who re- ‘‘(1) adherence to monitoring and treat- SONNEL.—The benefits provided for enrolled sponded to the September 11, 2001, terrorist ment protocols; WTC responders described in section attacks; and ‘‘(2) appropriate diagnostic and treatment 3311(a)(2)(A). ‘‘(2) initial health evaluation, monitoring, referrals for participants; ‘‘(B) OTHER WTC RESPONDERS.—The benefits and treatment benefits to residents and ‘‘(3) prompt communication of test results provided for enrolled WTC responders not de- other building occupants and area workers in to participants; and scribed in subparagraph (A). New York City who were directly impacted ‘‘(4) such other elements as the Adminis- ‘‘(C) WTC SURVIVORS.—The benefits pro- and adversely affected by such attacks. trator specifies in consultation with the vided for screening-eligible WTC survivors ‘‘(b) COMPONENTS OF PROGRAM.—The WTC Clinical Centers of Excellence. and certified-eligible WTC survivors in sec- Program includes the following components: ‘‘(f) ANNUAL PROGRAM REPORT.— tion 3321(a). ‘‘(1) MEDICAL MONITORING FOR RESPOND- ‘‘(1) IN GENERAL.—Not later than 6 months ‘‘(g) NOTIFICATION TO CONGRESS UPON ERS.—Medical monitoring under section 3311, after the end of each fiscal year in which the REACHING 80 PERCENT OF ELIGIBILITY NUMER- including clinical examinations and long- WTC Program is in operation, the WTC Pro- ICAL LIMITS.—The Secretary shall promptly term health monitoring and analysis for en- gram Administrator shall submit an annual notify the Congress of each of the following: rolled WTC responders who were likely to report to the Congress on the operations of ‘‘(1) When the number of enrollments of have been exposed to airborne toxins that this title for such fiscal year and for the en- WTC responders subject to the limit estab- were released, or to other hazards, as a result tire period of operation of the program. lished under section 3311(a)(4) has reached 80 of the September 11, 2001, terrorist attacks. ‘‘(2) CONTENTS INCLUDED IN REPORT.—Each percent of such limit. ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR- annual report under paragraph (1) shall in- ‘‘(2) When the number of certifications for VIVORS.—An initial health evaluation under clude at least the following: certified-eligible WTC survivors subject to section 3321, including an evaluation to de- ‘‘(A) ELIGIBLE INDIVIDUALS.—Information the limit established under section 3321(a)(3) termine eligibility for followup monitoring for each clinical program described in para- has reached 80 percent of such limit. and treatment. graph (3)— ‘‘(3) FOLLOWUP MONITORING AND TREATMENT ‘‘(i) on the number of individuals who ap- ‘‘(h) CONSULTATION.—The WTC Program FOR WTC-RELATED HEALTH CONDITIONS FOR RE- plied for certification under subtitle B and Administrator shall engage in ongoing out- SPONDERS AND SURVIVORS.—Provision under the number of such individuals who were so reach and consultation with relevant stake- sections 3312, 3322, and 3323 of followup moni- certified; holders, including the WTC Health Program

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.143 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11041 Steering Committees and the Advisory Com- York City employees, and recovery and lence shall collect data described in sub- mittee under section 3302, regarding the im- cleanup workers who responded to the Sep- section (a) and report such data to the cor- plementation and improvement of programs tember 11, 2001, terrorist attacks; and responding Data Center for analysis by such under this title. ‘‘(III) 3 representatives of New York City, 1 Data Center. ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ of whom will be selected by the police com- ‘‘(c) COLLABORATION WITH WTC HEALTH TECHNICAL ADVISORY COMMITTEE; missioner of New York City, 1 by the health REGISTRY.—The WTC Program Adminis- WTC HEALTH PROGRAM STEERING commissioner of New York City, and 1 by the trator shall provide for collaboration be- COMMITTEES. mayor of New York City. tween the Data Centers and the World Trade ‘‘(a) ADVISORY COMMITTEE.— ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re- Center Health Registry described in section ‘‘(1) ESTABLISHMENT.—The WTC Program sponders Steering Committee shall initially 3342. Administrator shall establish an advisory be composed of members of the WTC Moni- ‘‘(d) PRIVACY.—The data collection and committee to be known as the WTC Health toring and Treatment Program Steering analysis under this section shall be con- Program Scientific/Technical Advisory Com- ducted and maintained in a manner that pro- Committee (as in existence on the day before mittee (in this subsection referred to as the tects the confidentiality of individually the date of the enactment of this title). ‘Advisory Committee’) to review scientific identifiable health information consistent ‘‘(B) WTC SURVIVORS STEERING COM- and medical evidence and to make rec- with applicable statutes and regulations, in- MITTEE.— ommendations to the Administrator on addi- cluding, as applicable, HIPAA privacy and ‘‘(i) REPRESENTATION.—The WTC Survivors tional WTC Program eligibility criteria and security law (as defined in section 3009(a)(2)) Steering Committee shall include represent- on additional WTC-related health conditions. and section 552a of title 5, United States atives of— ‘‘(2) COMPOSITION.—The WTC Program Ad- Code. ‘‘(I) the Centers of Excellence providing ministrator shall appoint the members of the ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE Advisory Committee and shall include at services to screening-eligible and certified- AND DATA CENTERS. least— eligible WTC survivors; ‘‘(a) IN GENERAL.— ‘‘(A) 4 occupational physicians, at least 2 ‘‘(II) the population of residents, students, ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF of whom have experience treating WTC res- and area and other workers affected by the EXCELLENCE.—The WTC Program Adminis- cue and recovery workers; September 11, 2001, terrorist attacks; trator shall, subject to subsection (b)(1)(B), ‘‘(B) 1 physician with expertise in pul- ‘‘(III) screening-eligible and certified-eligi- enter into contracts with Clinical Centers of monary medicine; ble survivors receiving initial health evalua- Excellence (as defined in subsection ‘‘(C) 2 environmental medicine or environ- tions, monitoring, or treatment under part 2 (b)(1)(A))— mental health specialists; of subtitle B and organizations advocating ‘‘(A) for the provision of monitoring and ‘‘(D) 2 representatives of WTC responders; on their behalf; and treatment benefits and initial health evalua- ‘‘(E) 2 representatives of certified-eligible ‘‘(IV) New York City. tion benefits under subtitle B; WTC survivors; ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- ‘‘(B) for the provision of outreach activi- ‘‘(F) an industrial hygienist; vivors Steering Committee shall initially be ties to individuals eligible for such moni- ‘‘(G) a toxicologist; composed of members of the WTC Environ- toring and treatment benefits, for initial ‘‘(H) an epidemiologist; and mental Health Center Survivor Advisory health evaluation benefits, and for followup ‘‘(I) a mental health professional. Committee (as in existence on the day before to individuals who are enrolled in the moni- the date of the enactment of this title). ‘‘(3) MEETINGS.—The Advisory Committee toring program; shall meet at such frequency as may be re- ‘‘(C) ADDITIONAL APPOINTMENTS.—Each ‘‘(C) for the provision of counseling for quired to carry out its duties. Steering Committee may recommend, if ap- benefits under subtitle B, with respect to proved by a majority of voting members of ‘‘(4) REPORTS.—The WTC Program Admin- WTC-related health conditions, for individ- istrator shall provide for publication of rec- the Committee, additional members to the uals eligible for such benefits; ommendations of the Advisory Committee Committee. ‘‘(D) for the provision of counseling for on the public Web site established for the ‘‘(D) VACANCIES.—A vacancy in a Steering benefits for WTC-related health conditions WTC Program. Committee shall be filled by an individual that may be available under workers’ com- recommended by the Steering Committee. ‘‘(5) DURATION.—Notwithstanding any pensation or other benefit programs for other provision of law, the Advisory Com- ‘‘SEC. 3303. EDUCATION AND OUTREACH. work-related injuries or illnesses, health in- mittee shall continue in operation during ‘‘The WTC Program Administrator shall surance, disability insurance, or other insur- the period in which the WTC Program is in institute a program that provides education ance plans or through public or private so- operation. and outreach on the existence and avail- cial service agencies and assisting eligible ‘‘(6) APPLICATION OF FACA.—Except as oth- ability of services under the WTC Program. individuals in applying for such benefits; erwise specifically provided, the Advisory The outreach and education program— ‘‘(E) for the provision of translational and Committee shall be subject to the Federal ‘‘(1) shall include— interpretive services for program partici- Advisory Committee Act. ‘‘(A) the establishment of a public Web site pants who are not English language pro- ‘‘(b) WTC HEALTH PROGRAM STEERING COM- with information about the WTC Program; ficient; and MITTEES.— ‘‘(B) meetings with potentially eligible ‘‘(F) for the collection and reporting of ‘‘(1) CONSULTATION.—The WTC Program populations; data, including claims data, in accordance Administrator shall consult with 2 steering ‘‘(C) development and dissemination of with section 3304. committees (each in this section referred to outreach materials informing people about ‘‘(2) CONTRACTS WITH DATA CENTERS.— as a ‘Steering Committee’) that are estab- the program; and ‘‘(A) IN GENERAL.—The WTC Program Ad- lished as follows: ‘‘(D) the establishment of phone informa- ministrator shall enter into contracts with ‘‘(A) WTC RESPONDERS STEERING COM- tion services; and one or more Data Centers (as defined in sub- MITTEE.—One Steering Committee, to be ‘‘(2) shall be conducted in a manner in- section (b)(2))— known as the WTC Responders Steering tended— ‘‘(i) for receiving, analyzing, and reporting Committee, for the purpose of receiving ‘‘(A) to reach all affected populations; and to the WTC Program Administrator on data, input from affected stakeholders and facili- ‘‘(B) to include materials for culturally in accordance with section 3304, that have tating the coordination of monitoring and and linguistically diverse populations. been collected and reported to such Data treatment programs for the enrolled WTC re- ‘‘SEC. 3304. UNIFORM DATA COLLECTION AND Centers by the corresponding Clinical Cen- sponders under part 1 of subtitle B. ANALYSIS. ters of Excellence under subsection ‘‘(B) WTC SURVIVORS STEERING COM- ‘‘(a) IN GENERAL.—The WTC Program Ad- (b)(1)(B)(iii); MITTEE.—One Steering Committee, to be ministrator shall provide for the uniform ‘‘(ii) for the development of monitoring, known as the WTC Survivors Steering Com- collection of data, including claims data initial health evaluation, and treatment pro- mittee, for the purpose of receiving input (and analysis of data and regular reports to tocols, with respect to WTC-related health from affected stakeholders and facilitating the Administrator) on the prevalence of conditions; the coordination of initial health evalua- WTC-related health conditions and the iden- ‘‘(iii) for coordinating the outreach activi- tions, monitoring, and treatment programs tification of new WTC-related health condi- ties conducted under paragraph (1)(B) by for screening-eligible and certified-eligible tions. Such data shall be collected for all in- each corresponding Clinical Center of Excel- WTC survivors under part 2 of subtitle B. dividuals provided monitoring or treatment lence; ‘‘(2) MEMBERSHIP.— benefits under subtitle B and regardless of ‘‘(iv) for establishing criteria for the ‘‘(A) WTC RESPONDERS STEERING COM- their place of residence or Clinical Center of credentialing of medical providers partici- MITTEE.— Excellence through which the benefits are pating in the nationwide network under sec- ‘‘(i) REPRESENTATION.—The WTC Respond- provided. The WTC Program Administrator tion 3313; ers Steering Committee shall include— shall provide, through the Data Centers or ‘‘(v) for coordinating and administering ‘‘(I) representatives of the Centers of Ex- otherwise, for the integration of such data the activities of the WTC Health Program cellence providing services to WTC respond- into the monitoring and treatment program Steering Committees established under sec- ers; activities under this title. tion 3002(b); and ‘‘(II) representatives of labor organizations ‘‘(b) COORDINATING THROUGH CENTERS OF ‘‘(vi) for meeting periodically with the cor- representing firefighters, police, other New EXCELLENCE.—Each Clinical Center of Excel- responding Clinical Centers of Excellence to

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.143 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11042 CONGRESSIONAL RECORD — SENATE December 22, 2010 obtain input on the analysis and reporting of tions other than WTC-related health condi- pants or recruiting participants, data collec- data collected under clause (i) and on the de- tions. tion and analysis, social services for coun- velopment of monitoring, initial health eval- ‘‘(iii) Collect and report to the cor- seling patients on other available assistance uation, and treatment protocols under clause responding Data Center data, including outside the WTC program, and the develop- (ii). claims data, in accordance with section ment of treatment protocols. Such term does ‘‘(B) MEDICAL PROVIDER SELECTION.—The 3304(b). not include costs for new construction or medical providers under subparagraph (A)(iv) ‘‘(iv) Have in place safeguards against other capital costs. shall be selected by the WTC Program Ad- fraud that are satisfactory to the Adminis- ‘‘(d) GAO ANALYSIS.—Not later than July 1, ministrator on the basis of their experience trator, in consultation with the Inspector 2011, the Comptroller General shall submit to treating or diagnosing the health conditions General of the Department of Health and the Committee on Energy and Commerce of included in the list of WTC-related health Human Services. the House of Representatives and the Com- conditions. ‘‘(v) Treat or refer for treatment all indi- mittee on Health, Education, Labor, and ‘‘(C) CLINICAL DISCUSSIONS.—In carrying viduals who are enrolled WTC responders or Pensions of the Senate an analysis on wheth- out subparagraph (A)(ii), a Data Center shall certified-eligible WTC survivors with respect er Clinical Centers of Excellence with which engage in clinical discussions across the to such Center who present themselves for the WTC Program Administrator enters into WTC Program to guide treatment ap- treatment of a WTC-related health condi- a contract under this section have financial proaches for individuals with a WTC-related tion. systems that will allow for the timely sub- health condition. ‘‘(vi) Have in place safeguards, consistent mission of claims data for purposes of sec- ‘‘(D) TRANSPARENCY OF DATA.—A contract with section 3304(c), to ensure the confiden- tion 3304 and subsections (a)(1)(F) and entered into under this subsection with a tiality of an individual’s individually identi- (b)(1)(B)(iii). fiable health information, including requir- Data Center shall require the Data Center to ‘‘SEC. 3306. DEFINITIONS. ing that such information not be disclosed to make any data collected and reported to ‘‘In this title: the individual’s employer without the au- such Center under subsection (b)(1)(B)(iii) ‘‘(1) The term ‘aggravating’ means, with thorization of the individual. available to health researchers and others as respect to a health condition, a health condi- ‘‘(vii) Use amounts paid under subsection provided in the CDC/ATSDR Policy on Re- tion that existed on September 11, 2001, and (c)(1) only for costs incurred in carrying out leasing and Sharing Data. that, as a result of exposure to airborne tox- ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS the activities described in subsection (a), other than those described in subsection ins, any other hazard, or any other adverse SPECIFIC.—A contract entered into under this condition resulting from the September 11, subsection with a Clinical Center of Excel- (a)(1)(A). ‘‘(viii) Utilize health care providers with 2001, terrorist attacks, requires medical lence or a Data Center may be with respect treatment that is (or will be) in addition to, to one or more class of enrolled WTC re- occupational and environmental medicine expertise to conduct physical and mental more frequent than, or of longer duration sponders, screening-eligible WTC survivors, than the medical treatment that would have or certified-eligible WTC survivors. health assessments, in accordance with protocols developed under subsection been required for such condition in the ab- ‘‘(4) USE OF COOPERATIVE AGREEMENTS.— (a)(2)(A)(ii). sence of such exposure. Any contract under this title between the ‘‘(2) The term ‘certified-eligible WTC sur- WTC Program Administrator and a Data ‘‘(ix) Communicate with WTC responders and screening-eligible and certified-eligible vivor’ has the meaning given such term in Center or a Clinical Center of Excellence WTC survivors in appropriate languages and section 3321(a)(2). may be in the form of a cooperative agree- conduct outreach activities with relevant ‘‘(3) The terms ‘Clinical Center of Excel- ment. stakeholder worker or community associa- lence’ and ‘Data Center’ have the meanings ‘‘(5) REVIEW ON FEASIBILITY OF CONSOLI- tions. given such terms in section 3305. DATING DATA CENTERS.—Not later than July ‘‘(x) Meet all the other applicable require- ‘‘(4) The term ‘enrolled WTC responder’ 1, 2011, the Comptroller General of the ments of this title, including regulations im- means a WTC responder enrolled under sec- United States shall submit to the Committee plementing such requirements. tion 3311(a)(3). on Energy and Commerce of the House of ‘‘(C) TRANSITION RULE TO ENSURE CON- ‘‘(5) The term ‘initial health evaluation’ Representatives and the Committee on TINUITY OF CARE.—The WTC Program Admin- includes, with respect to an individual, a Health, Education, Labor, and Pensions of istrator shall to the maximum extent fea- medical and exposure history, a physical ex- the Senate a report on the feasibility of con- sible ensure continuity of care in any period amination, and additional medical testing as solidating Data Centers into a single Data of transition from monitoring and treatment needed to evaluate whether the individual Center. of an enrolled WTC responder or certified-eli- has a WTC-related health condition and is el- ‘‘(b) CENTERS OF EXCELLENCE.— gible WTC survivor by a provider to a Clin- igible for treatment under the WTC Pro- ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.— ical Center of Excellence or a health care gram. ‘‘(A) DEFINITION.—For purposes of this provider participating in the nationwide net- ‘‘(6) The term ‘list of WTC-related health title, the term ‘Clinical Center of Excellence’ work under section 3313. conditions’ means— means a Center that demonstrates to the ‘‘(2) DATA CENTERS.—For purposes of this ‘‘(A) for WTC responders, the health condi- satisfaction of the Administrator that the title, the term ‘Data Center’ means a Center tions listed in section 3312(a)(3); and Center— that the WTC Program Administrator deter- ‘‘(B) for screening-eligible and certified-eli- ‘‘(i) uses an integrated, centralized health mines has the capacity to carry out the re- gible WTC survivors, the health conditions care provider approach to create a com- sponsibilities for a Data Center under sub- listed in section 3322(b). prehensive suite of health services under this section (a)(2). ‘‘(7) The term ‘New York City disaster title that are accessible to enrolled WTC re- ‘‘(3) CORRESPONDING CENTERS.—For pur- area’ means the area within New York City sponders, screening-eligible WTC survivors, poses of this title, a Clinical Center of Excel- that is— or certified-eligible WTC survivors; lence and a Data Center shall be treated as ‘‘(A) the area of Manhattan that is south of ‘‘(ii) has experience in caring for WTC re- ‘corresponding’ to the extent that such Clin- Houston Street; and sponders and screening-eligible WTC sur- ical Center and Data Center serve the same ‘‘(B) any block in Brooklyn that is wholly vivors or includes health care providers who population group. or partially contained within a 1.5-mile ra- have been trained pursuant to section ‘‘(c) PAYMENT FOR INFRASTRUCTURE dius of the former World Trade Center site. 3313(c); COSTS.— ‘‘(8) The term ‘New York metropolitan ‘‘(iii) employs health care provider staff ‘‘(1) IN GENERAL.—The WTC Program Ad- area’ means an area, specified by the WTC with expertise that includes, at a minimum, ministrator shall reimburse a Clinical Cen- Program Administrator, within which WTC occupational medicine, environmental medi- ter of Excellence for the fixed infrastructure responders and eligible WTC screening-eligi- cine, trauma-related psychiatry and psy- costs of such Center in carrying out the ac- ble survivors who reside in such area are rea- chology, and social services counseling; and tivities described in subtitle B at a rate ne- sonably able to access monitoring and treat- ‘‘(iv) meets such other requirements as gotiated by the Administrator and such Cen- ment benefits and initial health evaluation specified by the Administrator. ters. Such negotiated rate shall be fair and benefits under this title through a Clinical ‘‘(B) CONTRACT REQUIREMENTS.—The WTC appropriate and take into account the num- Center of Excellence described in subpara- Program Administrator shall not enter into ber of enrolled WTC responders receiving graphs (A), (B), or (C) of section 3305(b)(1). a contract with a Clinical Center of Excel- services from such Center under this title. ‘‘(9) The term ‘screening-eligible WTC sur- lence under subsection (a)(1) unless the Cen- ‘‘(2) FIXED INFRASTRUCTURE COSTS.—For vivor’ has the meaning given such term in ter agrees to do each of the following: purposes of paragraph (1), the term ‘fixed in- section 3321(a)(1). ‘‘(i) Establish a formal mechanism for con- frastructure costs’ means, with respect to a ‘‘(10) Any reference to ‘September 11, 2001’ sulting with and receiving input from rep- Clinical Center of Excellence, the costs in- shall be deemed a reference to the period on resentatives of eligible populations receiving curred by such Center that are not otherwise such date subsequent to the terrorist attacks monitoring and treatment benefits under reimbursable by the WTC Program Adminis- at the World Trade Center, Shanksville, subtitle B from such Center. trator under section 3312(c) for patient eval- Pennsylvania, or the Pentagon, as applica- ‘‘(ii) Coordinate monitoring and treatment uation, monitoring, or treatment but which ble, on such date. benefits under subtitle B with routine med- are needed to operate the WTC program such ‘‘(11) The term ‘September 11, 2001, ter- ical care provided for the treatment of condi- as the costs involved in outreach to partici- rorist attacks’ means the terrorist attacks

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.143 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11043 that occurred on September 11, 2001, in New the September 11, 2001, terrorist attacks as ‘‘(iii) was an employee of the Office of the York City, in Shanksville, Pennsylvania, and the WTC Program Administrator, after con- Chief Medical Examiner of New York City at the Pentagon, and includes the aftermath sultation with the WTC Scientific/Technical involved in the examination and handling of of such attacks. Advisory Committee, determines appro- human remains from the World Trade Center ‘‘(12) The term ‘WTC Health Program priate. attacks, or other morgue worker who per- Steering Committee’ means such a Steering The WTC Program Administrator shall not formed similar post-September 11 functions Committee established under section 3302(b). modify such eligibility criteria on or after for such Office staff, during the period begin- ‘‘(13) The term ‘WTC Program’ means the the date that the number of enrollments of ning on September 11, 2001, and ending on Word Trade Center Health Program estab- WTC responders has reached 80 percent of July 31, 2002; the limit described in paragraph (4) or on or lished under section 3301(a). ‘‘(iv) was a worker in the Port Authority after the date that the number of certifi- ‘‘(14)(A) The term ‘WTC Program Adminis- Trans-Hudson Corporation Tunnel for at cations for certified-eligible WTC survivors trator’ means— least 24 hours during the period beginning on ‘‘(i) subject to subparagraph (B), with re- under section 3321(a)(2)(B) has reached 80 per- February 1, 2002, and ending on July 1, 2002; spect to paragraphs (3) and (4) of section cent of the limit described in section or 3311(a) (relating to enrollment of WTC re- 3321(a)(3). ‘‘(v) was a vehicle-maintenance worker sponders), section 3312(c) and the cor- ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The who was exposed to debris from the former responding provisions of section 3322 (relat- eligibility criteria described in this para- World Trade Center while retrieving, driving to payment for initial health evaluation, graph for an individual is that the individual monitoring, and treatment, paragraphs is described in any of the following cat- ing, cleaning, repairing, and maintaining ve- (1)(C), (2)(B), and (3) of section 3321(a) (relat- egories: hicles contaminated by airborne toxins from ing to determination or certification of ‘‘(A) FIREFIGHTERS AND RELATED PER- the September 11, 2001, terrorist attacks dur- screening-eligible or certified-eligible WTC SONNEL.—The individual— ing a duration and period described in sub- responders), and part 3 of subtitle B (relating ‘‘(i) was a member of the Fire Department paragraph (A). to payor provisions), an official in the De- of New York City (whether fire or emergency ‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- partment of Health and Human Services, to personnel, active or retired) who partici- TACKS AT THE PENTAGON AND SHANKSVILLE, be designated by the Secretary; and pated at least one day in the rescue and re- PENNSYLVANIA.—The individual— ‘‘(ii) with respect to any other provision of covery effort at any of the former World ‘‘(i)(I) was a member of a fire or police de- this title, the Director of the National Insti- Trade Center sites (including Ground Zero, partment (whether fire or emergency per- tute for Occupational Safety and Health, or Staten Island Landfill, and the New York sonnel, active or retired), worked for a recov- a designee of such Director. City Chief Medical Examiner’s Office) for ery or cleanup contractor, or was a volun- ‘‘(B) In no case may the Secretary des- any time during the period beginning on Sep- teer; and performed rescue, recovery, demoli- ignate under subparagraph (A)(i) the Direc- tember 11, 2001, and ending on July 31, 2002; tion, debris cleanup, or other related services tor of the National Institute for Occupa- or at the Pentagon site of the terrorist-related tional Safety and Health or a designee of ‘‘(ii)(I) is a surviving immediate family aircraft crash of September 11, 2001, during such Director with respect to section 3322 member of an individual who was a member the period beginning on September 11, 2001, of the Fire Department of New York City (relating to payment for initial health eval- and ending on the date on which the cleanup (whether fire or emergency personnel, active uation, monitoring, and treatment). of the site was concluded, as determined by or retired) and was killed at the World Trade ‘‘(15) The term ‘WTC-related health condi- the WTC Program Administrator; or site on September 11, 2001; and tion’ is defined in section 3312(a). ‘‘(II) was a member of a fire or police de- ‘‘(II) received any treatment for a WTC-re- ‘‘(16) The term ‘WTC responder’ is defined lated health condition described in section partment (whether fire or emergency per- in section 3311(a). 3312(a)(1)(A)(ii) (relating to mental health sonnel, active or retired), worked for a recov- ‘‘(17) The term ‘WTC Scientific/Technical conditions) on or before September 1, 2008. ery or cleanup contractor, or was a volun- Advisory Committee’ means such Committee ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC teer; and performed rescue, recovery, demoli- established under section 3302(a). RESCUE, RECOVERY, AND CLEANUP WORKERS.— tion, debris cleanup, or other related services ‘‘Subtitle B—Program of Monitoring, Initial The individual— at the Shanksville, Pennsylvania, site of the Health Evaluations, and Treatment ‘‘(i) worked or volunteered onsite in res- terrorist-related aircraft crash of September ‘‘PART 1—WTC RESPONDERS cue, recovery, debris cleanup, or related sup- 11, 2001, during the period beginning on Sep- ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- port services in lower Manhattan (south of tember 11, 2001, and ending on the date on ERS AND PROVISION OF WTC-RE- Canal St.), the Staten Island Landfill, or the which the cleanup of the site was concluded, LATED MONITORING SERVICES. barge loading piers, for at least 4 hours dur- as determined by the WTC Program Admin- ‘‘(a) WTC RESPONDER DEFINED.— ing the period beginning on September 11, istrator; and ‘‘(1) IN GENERAL.—For purposes of this 2001, and ending on September 14, 2001, for at ‘‘(ii) is determined by the WTC Program title, the term ‘WTC responder’ means any of least 24 hours during the period beginning on Administrator to be at an increased risk of the following individuals, subject to para- September 11, 2001, and ending on September developing a WTC-related health condition graph (4): 30, 2001, or for at least 80 hours during the pe- as a result of exposure to airborne toxins, ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.— riod beginning on September 11, 2001, and other hazards, or adverse conditions result- An individual who has been identified as eli- ending on July 31, 2002; ing from the September 11, 2001, terrorist at- gible for monitoring under the arrangements ‘‘(ii)(I) was a member of the Police Depart- tacks, and meets such eligibility criteria re- as in effect on the date of the enactment of ment of New York City (whether active or lated to such exposures, as the WTC Program this title between the National Institute for retired) or a member of the Port Authority Administrator determines are appropriate, Occupational Safety and Health and— Police of the Port Authority of New York after consultation with the WTC Scientific/ ‘‘(i) the consortium coordinated by Mt. and New Jersey (whether active or retired) Technical Advisory Committee. Sinai Hospital in New York City that coordi- who participated onsite in rescue, recovery, ‘‘(3) ENROLLMENT PROCESS.— nates the monitoring and treatment for en- debris cleanup, or related services in lower ‘‘(A) IN GENERAL.—The WTC Program Ad- rolled WTC responders other than with re- Manhattan (south of Canal St.), including ministrator shall establish a process for en- spect to those covered under the arrange- Ground Zero, the Staten Island Landfill, or rolling WTC responders in the WTC Program. ment with the Fire Department of New York the barge loading piers, for at least 4 hours Under such process— City; or during the period beginning September 11, ‘‘(i) WTC responders described in paragraph ‘‘(ii) the Fire Department of New York 2001, and ending on September 14, 2001; City. ‘‘(II) participated onsite in rescue, recov- (1)(A) shall be deemed to be enrolled in such Program; ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI- ery, debris cleanup, or related services at ‘‘(ii) subject to clause (iii), the Adminis- BILITY CRITERIA.—An individual who meets Ground Zero, the Staten Island Landfill, or the current eligibility criteria described in the barge loading piers, for at least one day trator shall enroll in such program individ- paragraph (2). during the period beginning on September 11, uals who are determined to be WTC respond- ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI- 2001, and ending on July 31, 2002; ers; BILITY CRITERIA.—An individual who— ‘‘(III) participated onsite in rescue, recov- ‘‘(iii) the Administrator shall deny such ‘‘(i) performed rescue, recovery, demoli- ery, debris cleanup, or related services in enrollment to an individual if the Adminis- tion, debris cleanup, or other related services lower Manhattan (south of Canal St.) for at trator determines that the numerical limita- in the New York City disaster area in re- least 24 hours during the period beginning on tion in paragraph (4) on enrollment of WTC sponse to the September 11, 2001, terrorist September 11, 2001, and ending on September responders has been met; attacks, regardless of whether such services 30, 2001; or ‘‘(iv) there shall be no fee charged to the were performed by a State or Federal em- ‘‘(IV) participated onsite in rescue, recov- applicant for making an application for such ployee or member of the National Guard or ery, debris cleanup, or related services in enrollment; otherwise; and lower Manhattan (south of Canal St.) for at ‘‘(v) the Administrator shall make a deter- ‘‘(ii) meets such eligibility criteria relat- least 80 hours during the period beginning on mination on such an application not later ing to exposure to airborne toxins, other haz- September 11, 2001, and ending on July 31, than 60 days after the date of filing the ap- ards, or adverse conditions resulting from 2002; plication; and

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‘‘(vi) an individual who is denied enroll- sulting from the September 11, 2001, terrorist ‘‘(B) MENTAL HEALTH CONDITIONS.— ment in such Program shall have an oppor- attacks, based on an examination by a med- ‘‘(i) Posttraumatic stress disorder (PTSD). tunity to appeal such determination in a ical professional with experience in treating ‘‘(ii) Major depressive disorder. manner established under such process. or diagnosing the health conditions included ‘‘(iii) Panic disorder. ‘‘(B) TIMING.— in the applicable list of WTC-related health ‘‘(iv) Generalized anxiety disorder. ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.— conditions, is substantially likely to be a ‘‘(v) Anxiety disorder (not otherwise speci- In accordance with subparagraph (A)(i), the significant factor in aggravating, contrib- fied). WTC Program Administrator shall enroll an uting to, or causing the illness or health con- ‘‘(vi) Depression (not otherwise specified). individual described in paragraph (1)(A) in dition, as determined under paragraph (2); or ‘‘(vii) Acute stress disorder. the WTC Program not later than July 1, 2011. ‘‘(ii) is a mental health condition for which ‘‘(viii) Dysthymic disorder. ‘‘(ii) OTHER RESPONDERS.—In accordance such attacks, based on an examination by a ‘‘(ix) Adjustment disorder. with subparagraph (A)(ii) and consistent medical professional with experience in ‘‘(x) Substance abuse. with paragraph (4), the WTC Program Ad- treating or diagnosing the health conditions ‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- ministrator shall enroll any other individual included in the applicable list of WTC-re- TAIN WTC RESPONDERS.—In the case of a WTC who is determined to be a WTC responder in lated health conditions, is substantially responder described in paragraph (4), a condi- the WTC Program at the time of such deter- likely to be a significant factor in aggra- tion described in such paragraph. mination. vating, contributing to, or causing the condi- ‘‘(D) ADDITIONAL CONDITIONS.—Any cancer ‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC tion, as determined under paragraph (2); and (or type of cancer) or other condition added, RESPONDERS.— ‘‘(B) is included in the applicable list of pursuant to paragraph (5) or (6), to the list ‘‘(A) IN GENERAL.—The total number of in- WTC-related health conditions or— under this paragraph. dividuals not described in paragraph (1)(A) or ‘‘(i) with respect to a WTC responder, is ‘‘(4) MUSCULOSKELETAL DISORDERS.— (2)(A)(ii) who may be enrolled under para- provided certification of coverage under sub- ‘‘(A) IN GENERAL.—For purposes of this graph (3)(A)(ii) shall not exceed 25,000 at any section (b)(2)(B)(iii); or title, in the case of a WTC responder who re- time, of which no more than 2,500 may be in- ‘‘(ii) with respect to a screening-eligible ceived any treatment for a WTC-related dividuals enrolled based on modified eligi- WTC survivor or certified-eligible WTC sur- musculoskeletal disorder on or before Sep- bility criteria established under paragraph vivor, is provided certification of coverage tember 11, 2003, the list of health conditions (1)(C). under subsection (b)(2)(B)(iii), as applied in paragraph (3) shall include: ‘‘(B) PROCESS.—In implementing subpara- under section 3322(a). ‘‘(i) Low back pain. graph (A), the WTC Program Administrator In the case of a WTC responder described in ‘‘(ii) Carpal tunnel syndrome (CTS). shall— section 3311(a)(2)(A)(ii) (relating to a sur- ‘‘(iii) Other musculoskeletal disorders. ‘‘(i) limit the number of enrollments made viving immediate family member of a fire- ‘‘(B) DEFINITION.—The term ‘WTC-related under paragraph (3)— fighter), such term does not include an ill- musculoskeletal disorder’ means a chronic ‘‘(I) in accordance with such subparagraph; ness or health condition described in sub- or recurrent disorder of the musculoskeletal and paragraph (A)(i). system caused by heavy lifting or repetitive ‘‘(II) to such number, as determined by the ‘‘(2) DETERMINATION.—The determination strain on the joints or musculoskeletal sys- Administrator based on the best available in- under paragraph (1) or subsection (b) of tem occurring during rescue or recovery ef- formation and subject to amounts available whether the September 11, 2001, terrorist at- forts in the New York City disaster area in under section 3351, that will ensure sufficient tacks were substantially likely to be a sig- the aftermath of the September 11, 2001, ter- funds will be available to provide treatment nificant factor in aggravating, contributing rorist attacks. and monitoring benefits under this title, to, or causing an individual’s illness or ‘‘(5) CANCER.— with respect to all individuals who are en- health condition shall be made based on an ‘‘(A) IN GENERAL.—The WTC Program Ad- rolled through the end of fiscal year 2020; and assessment of the following: ministrator shall periodically conduct a re- ‘‘(ii) provide priority (subject to paragraph ‘‘(A) The individual’s exposure to airborne view of all available scientific and medical (3)(A)(i)) in such enrollments in the order in toxins, any other hazard, or any other ad- evidence, including findings and rec- which individuals apply for enrollment under verse condition resulting from the terrorist ommendations of Clinical Centers of Excel- paragraph (3). attacks. Such exposure shall be— lence, published in peer-reviewed journals to ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON ‘‘(i) evaluated and characterized through determine if, based on such evidence, cancer TERRORIST WATCH LIST.—No individual who is the use of a standardized, population-appro- or a certain type of cancer should be added on the terrorist watch list maintained by the priate questionnaire approved by the Direc- to the applicable list of WTC-related health Department of Homeland Security shall tor of the National Institute for Occupa- conditions. The WTC Program Administrator qualify as an eligible WTC responder. Before tional Safety and Health; and shall conduct the first review under this sub- enrolling any individual as a WTC responder ‘‘(ii) assessed and documented by a medical paragraph not later than 180 days after the in the WTC Program under paragraph (3), the professional with experience in treating or date of the enactment of this title. Administrator, in consultation with the Sec- diagnosing health conditions included on the ‘‘(B) PROPOSED REGULATIONS AND RULE- retary of Homeland Security, shall deter- list of WTC-related health conditions. MAKING.—Based on the periodic reviews mine whether the individual is on such list. ‘‘(B) The type of symptoms and temporal under subparagraph (A), if the WTC Program ‘‘(b) MONITORING BENEFITS.— sequence of symptoms. Such symptoms shall Administrator determines that cancer or a ‘‘(1) IN GENERAL.—In the case of an enrolled be— certain type of cancer should be added to WTC responder (other than one described in ‘‘(i) assessed through the use of a standard- such list of WTC-related health conditions, subsection (a)(2)(A)(ii)), the WTC Program ized, population-appropriate medical ques- the WTC Program Administrator shall pro- shall provide for monitoring benefits that in- tionnaire approved by the Director of the pose regulations, through rulemaking, to add clude monitoring consistent with protocols National Institute for Occupational Safety cancer or the certain type of cancer to such approved by the WTC Program Adminis- and Health and a medical examination; and list. trator and including clinical examinations ‘‘(ii) diagnosed and documented by a med- ‘‘(C) FINAL REGULATIONS.—Based on all the and long-term health monitoring and anal- ical professional described in subparagraph available evidence in the rulemaking record, ysis. In the case of an enrolled WTC re- (A)(ii). the WTC Program Administrator shall make sponder who is an active member of the Fire ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC a final determination of whether cancer or a Department of New York City, the responder RESPONDERS.—The list of health conditions certain type of cancer should be added to shall receive such benefits as part of the infor WTC responders consists of the following: such list of WTC-related health conditions. If dividual’s periodic company medical exams. ‘‘(A) AERODIGESTIVE DISORDERS.— such a determination is made to make such ‘‘(2) PROVISION OF MONITORING BENEFITS.— ‘‘(i) Interstitial lung diseases. an addition, the WTC Program Adminis- The monitoring benefits under paragraph (1) ‘‘(ii) Chronic respiratory disorder—fumes/ trator shall by regulation add cancer or the shall be provided through the Clinical Center vapors. certain type of cancer to such list. of Excellence for the type of individual in- ‘‘(iii) Asthma. ‘‘(D) DETERMINATIONS NOT TO ADD CANCER volved or, in the case of an individual resid- ‘‘(iv) Reactive airways dysfunction syn- OR CERTAIN TYPES OF CANCER.—In the case ing outside the New York metropolitan area, drome (RADS). that the WTC Program Administrator deter- under an arrangement under section 3313. ‘‘(v) WTC-exacerbated chronic obstructive mines under subparagraph (B) or (C) that ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE- pulmonary disease (COPD). cancer or a certain type of cancer should not SPONDERS FOR WTC-RELATED ‘‘(vi) Chronic cough syndrome. be added to such list of WTC-related health HEALTH CONDITIONS. ‘‘(vii) Upper airway hyperreactivity. conditions, the WTC Program Administrator ‘‘(a) WTC-RELATED HEALTH CONDITION DE- ‘‘(viii) Chronic rhinosinusitis. shall publish an explanation for such deter- FINED.— ‘‘(ix) Chronic nasopharyngitis. mination in the Federal Register. Any such ‘‘(1) IN GENERAL.—For purposes of this ‘‘(x) Chronic laryngitis. determination to not make such an addition title, the term ‘WTC-related health condi- ‘‘(xi) Gastroesophageal reflux disorder shall not preclude the addition of cancer or tion’ means a condition that— (GERD). the certain type of cancer to such list at a ‘‘(A)(i) is an illness or health condition for ‘‘(xii) Sleep apnea exacerbated by or re- later date. which exposure to airborne toxins, any other lated to a condition described in a previous ‘‘(6) ADDITION OF HEALTH CONDITIONS TO hazard, or any other adverse condition re- clause. LIST FOR WTC RESPONDERS.—

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‘‘(A) IN GENERAL.—Whenever the WTC Pro- ministrator and provide the Administrator graph (B)(iii) with respect to such condition gram Administrator determines that a pro- with the medical facts supporting such de- before the date of the publication of such de- posed rule should be promulgated to add a termination; and termination the previous sentence shall not health condition to the list of health condi- ‘‘(ii) on and after the date of such trans- apply. tions in paragraph (3), the Administrator mittal and subject to subparagraph (B), the ‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— may request a recommendation of the Advi- WTC Program shall provide for payment ‘‘(A) IN GENERAL.—In providing treatment sory Committee or may publish such a pro- under subsection (c) for medically necessary for a WTC-related health condition, a physi- posed rule in the Federal Register in accord- treatment for such condition. cian or other provider shall provide treat- ance with subparagraph (D). ‘‘(B) REVIEW; CERTIFICATION; APPEALS.— ment that is medically necessary and in ac- ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- ‘‘(i) REVIEW.—A Federal employee des- cordance with medical treatment protocols CEIPT OF PETITION.—In the case that the WTC ignated by the WTC Program Administrator established under subsection (d). Program Administrator receives a written shall review determinations made under sub- ‘‘(B) REGULATIONS RELATING TO MEDICAL NE- petition by an interested party to add a paragraph (A). CESSITY.—For the purpose of this title, the health condition to the list of health condi- ‘‘(ii) CERTIFICATION.—The Administrator WTC Program Administrator shall issue reg- tions in paragraph (3), not later than 60 days shall provide a certification of such condi- ulations specifying a standard for deter- after the date of receipt of such petition the tion based upon reviews conducted under mining medical necessity with respect to Administrator shall— clause (i). Such a certification shall be pro- health care services and prescription phar- ‘‘(i) request a recommendation of the Advi- vided unless the Administrator determines maceuticals, a process for determining sory Committee; that the responder’s condition is not a WTC- whether treatment furnished and pharma- ‘‘(ii) publish a proposed rule in the Federal related health condition in the list in sub- ceuticals prescribed under this title meet Register to add such health condition, in ac- section (a)(3) or that exposure to airborne such standard (including any prior author- cordance with subparagraph (D); toxins, other hazards, or adverse conditions ization requirement), and a process for ap- ‘‘(iii) publish in the Federal Register the resulting from the September 1, 2001, ter- peal of a determination under subsection Administrator’s determination not to pub- rorist attacks is not substantially likely to (c)(3). lish such a proposed rule and the basis for be a significant factor in aggravating, con- ‘‘(4) SCOPE OF TREATMENT COVERED.— such determination; or tributing to, or causing the condition. ‘‘(A) IN GENERAL.—The scope of treatment ‘‘(iv) publish in the Federal Register a de- ‘‘(iii) APPEAL PROCESS.—The Administrator covered under this subsection includes serv- termination that insufficient evidence exists shall establish, by rule, a process for the ap- ices of physicians and other health care pro- to take action under clauses (i) through (iii). peal of determinations under clause (ii). viders, diagnostic and laboratory tests, pre- ETERMINATION BASED ON MEDICALLY ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In ‘‘(2) D scription drugs, inpatient and outpatient the case that the Administrator requests a ASSOCIATED WTC-RELATED HEALTH CONDI- hospital services, and other medically nec- recommendation of the Advisory Committee TIONS.— essary treatment. ‘‘(A) IN GENERAL.—If a physician at a Clin- under this paragraph, with respect to adding ‘‘(B) PHARMACEUTICAL COVERAGE.—With re- a health condition to the list in paragraph ical Center of Excellence determines pursu- spect to ensuring coverage of medically nec- (3), the Advisory Committee shall submit to ant to subsection (a) that the enrolled WTC essary outpatient prescription drugs, such responder has a health condition described in the Administrator such recommendation not drugs shall be provided, under arrangements subsection (a)(1)(A) that is not in the list in later than 60 days after the date of such re- made by the WTC Program Administrator, subsection (a)(3) but which is medically asso- quest or by such date (not to exceed 180 days directly through participating Clinical Cen- ciated with a WTC-related health condi- after such date of request) as specified by the ters of Excellence or through one or more tion— Administrator. Not later than 60 days after outside vendors. ‘‘(i) the physician shall promptly transmit the date of receipt of such recommendation, ‘‘(C) TRANSPORTATION EXPENSES FOR NA- such determination to the WTC Program Ad- the Administrator shall, in accordance with TIONWIDE NETWORK.—The WTC Program Ad- ministrator and provide the Administrator subparagraph (D), publish in the Federal ministrator may provide for necessary and with the facts supporting such determina- Register a proposed rule with respect to such reasonable transportation and expenses inci- tion; and dent to the securing of medically necessary recommendation or a determination not to ‘‘(ii) the Administrator shall make a deter- propose such a proposed rule and the basis mination under subparagraph (B) with re- treatment through the nationwide network for such determination. spect to such physician’s determination. under section 3313 involving travel of more ‘‘(D) PUBLICATION.—The WTC Program Ad- than 250 miles and for which payment is ‘‘(B) PROCEDURES FOR REVIEW, CERTIFI- ministrator shall, with respect to any pro- made under this section in the same manner CATION, AND APPEAL.—The WTC Program Ad- posed rule under this paragraph— ministrator shall, by rule, establish proce- in which individuals may be furnished nec- ‘‘(i) publish such proposed rule in accord- dures for the review and certification of phy- essary and reasonable transportation and ex- ance with section 553 of title 5, United States sician determinations under subparagraph penses incident to services involving travel Code; and (A). Such rule shall provide for— of more than 250 miles under regulations im- ‘‘(ii) provide interested parties a period of ‘‘(i) the timely review of such a determina- plementing section 3629(c) of the Energy Em- 30 days after such publication to submit tion by a physician panel with appropriate ployees Occupational Illness Compensation written comments on the proposed rule. expertise for the condition and recommenda- Program Act of 2000 (title XXXVI of Public The WTC Program Administrator may ex- tions to the WTC Program Administrator; Law 106–398; 42 U.S.C. 7384t(c)). tend the period described in clause (ii) upon ‘‘(ii) not later than 60 days after the date of ‘‘(5) PROVISION OF TREATMENT PENDING CER- a finding of good cause. In the case of such the transmittal under subparagraph (A)(i), a TIFICATION.—With respect to an enrolled an extension, the Administrator shall pub- determination by the WTC Program Admin- WTC responder for whom a determination is lish such extension in the Federal Register. istrator on whether or not the condition in- made by an examining physician under para- ‘‘(E) INTERESTED PARTY DEFINED.—For pur- volved is described in subsection (a)(1)(A) graph (1) or (2), but for whom the WTC Pro- poses of this paragraph, the term ‘interested and is medically associated with a WTC-re- gram Administrator has not yet determined party’ includes a representative of any orga- lated health condition; whether to certify the determination, the nization representing WTC responders, a na- ‘‘(iii) certification in accordance with WTC Program Administrator may establish tionally recognized medical association, a paragraph (1)(B)(ii) of coverage of such con- by rule a process through which the Admin- Clinical or Data Center, a State or political dition if determined to be described in sub- istrator may approve the provision of med- subdivision, or any other interested person. section (a)(1)(A) and medically associated ical treatment under this subsection (and ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- with a WTC-related health condition; and payment under subsection (c)) with respect LATED HEALTH CONDITIONS.— ‘‘(iv) a process for appeals of determina- to such responder and such responder’s WTC- ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- tions relating to such conditions. related health condition (under such terms SPONDERS BASED ON A WTC-RELATED HEALTH ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI- and conditions as the Administrator may CONDITION.— TIONS.—If the WTC Program Administrator provide) until the Administrator makes a de- ‘‘(A) IN GENERAL.—If a physician at a Clin- provides certification under subparagraph cision on whether to certify the determina- ical Center of Excellence that is providing (B)(iii) for coverage of a condition, the Ad- tion. monitoring benefits under section 3311 for an ministrator may, pursuant to subsection ‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- enrolled WTC responder makes a determina- (a)(6), add the condition to the list in sub- TION, MONITORING, AND TREATMENT OF WTC- tion that the responder has a WTC-related section (a)(3). RELATED HEALTH CONDITIONS.— health condition that is in the list in sub- ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN- ‘‘(1) MEDICAL TREATMENT.— section (a)(3) and that exposure to airborne CLUSION IN LIST.—If the WTC Program Ad- ‘‘(A) USE OF FECA PAYMENT RATES.— toxins, other hazards, or adverse conditions ministrator publishes a determination under ‘‘(i) IN GENERAL.—Subject to clause (ii): resulting from the September 1, 2001, ter- subsection (a)(6)(B) not to include a condi- ‘‘(I) Subject to subparagraphs (B) and (C), rorist attacks is substantially likely to be a tion in the list in subsection (a)(3), the WTC the WTC Program Administrator shall reim- significant factor in aggravating, contrib- Program Administrator shall not provide burse costs for medically necessary treat- uting to, or causing the condition— certification under subparagraph (B)(iii) for ment under this title for WTC-related health ‘‘(i) the physician shall promptly transmit coverage of the condition. In the case of an conditions according to the payment rates such determination to the WTC Program Ad- individual who is certified under subpara- that would apply to the provision of such

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treatment and services by the facility under ministrator shall withhold such reimburse- ‘‘(A) DEFINITION.—In this title, the term the Federal Employees Compensation Act. ment or payment for treatment that the Ad- ‘screening-eligible WTC survivor’ means, ‘‘(II) For treatment not covered under sub- ministrator determines is not medically nec- subject to subparagraph (C) and paragraph clause (i) or subparagraph (B), the WTC Pro- essary or is not in accordance with such (3), an individual who is described in any of gram Administrator shall establish by regu- medical treatment protocols. the following clauses: lation a reimbursement rate for such treat- ‘‘(d) MEDICAL TREATMENT PROTOCOLS.— ‘‘(i) CURRENTLY IDENTIFIED SURVIVOR.—An ment. ‘‘(1) DEVELOPMENT.—The Data Centers individual, including a WTC responder, who ‘‘(ii) EXCEPTION.—In no case shall pay- shall develop medical treatment protocols has been identified as eligible for medical ments for products or services under clause for the treatment of enrolled WTC respond- treatment and monitoring by the WTC Envi- (i) be made at a rate higher than the Office ers and certified-eligible WTC survivors for ronmental Health Center as of the date of of Worker’s Compensation Programs in the health conditions included in the applicable enactment of this title. Department Labor would pay for such prod- list of WTC-related health conditions. ‘‘(ii) SURVIVOR WHO MEETS CURRENT ELIGI- ucts or services rendered at the time such ‘‘(2) APPROVAL.—The medical treatment BILITY CRITERIA.—An individual who is not a products or services were provided. protocols developed under paragraph (1) shall WTC responder, for purposes of the initial ‘‘(B) PHARMACEUTICALS.— be subject to approval by the WTC Program health evaluation under subsection (b), ‘‘(i) IN GENERAL.—The WTC Program Ad- Administrator. claims symptoms of a WTC-related health ministrator shall establish a program for ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- condition and meets any of the current eligi- paying for the medically necessary out- FITS FOR ELIGIBLE INDIVIDUALS bility criteria described in subparagraph (B). patient prescription pharmaceuticals pre- OUTSIDE NEW YORK. ‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI- scribed under this title for WTC-related ‘‘(a) IN GENERAL.—In order to ensure rea- BILITY CRITERIA.—An individual who is not a health conditions through one or more con- sonable access to benefits under this subtitle WTC responder, for purposes of the initial tracts with outside vendors. for individuals who are enrolled WTC re- health evaluation under subsection (b), ‘‘(ii) COMPETITIVE BIDDING.—Under such sponders, screening-eligible WTC survivors, claims symptoms of a WTC-related health program the Administrator shall— or certified-eligible WTC survivors and who condition and meets such eligibility criteria ‘‘(I) select one or more appropriate vendors reside in any State, as defined in section 2(f), relating to exposure to airborne toxins, through a Federal competitive bid process; outside the New York metropolitan area, the other hazards, or adverse conditions result- and WTC Program Administrator shall establish ing from the September 11, 2001, terrorist at- ‘‘(II) select the lowest bidder (or bidders) a nationwide network of health care pro- tacks as the WTC Administrator determines, meeting the requirements for providing viders to provide monitoring and treatment after consultation with the Data Centers de- pharmaceutical benefits for participants in benefits and initial health evaluations near scribed in section 3305 and the WTC Sci- the WTC Program. such individuals’ areas of residence in such entific/Technical Advisory Committee and ‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— States. Nothing in this subsection shall be WTC Health Program Steering Committees Under such program the Administrator may construed as preventing such individuals under section 3302. enter into an agreement with a separate ven- from being provided such monitoring and The Administrator shall not modify such cri- dor to provide pharmaceutical benefits to en- treatment benefits or initial health evalua- rolled WTC responders for whom the Clinical teria under clause (iii) on or after the date tion through any Clinical Center of Excel- Center of Excellence is described in section that the number of certifications for cer- lence. 3305 if such an arrangement is deemed nec- tified-eligible WTC survivors under para- ‘‘(b) NETWORK REQUIREMENTS.—Any health essary and beneficial to the program by the graph (2)(B) has reached 80 percent of the care provider participating in the network WTC Program Administrator. limit described in paragraph (3) or on or under subsection (a) shall— ‘‘(iv) PHARMACEUTICALS.—Not later than after the date that the number of enroll- ‘‘(1) meet criteria for credentialing estab- July 1, 2011, the Comptroller General of the ments of WTC responders has reached 80 per- lished by the Data Centers; United States shall submit to the Committee cent of the limit described in section ‘‘(2) follow the monitoring, initial health on Energy and Commerce of the House of 3311(a)(4). evaluation, and treatment protocols devel- Representatives and the Committee on ‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The Health, Education, Labor, and Pensions of oped under section 3305(a)(2)(A)(ii); eligibility criteria described in this subpara- the Senate a report on whether existing Fed- ‘‘(3) collect and report data in accordance graph for an individual are that the indi- eral pharmaceutical purchasing programs with section 3304; and vidual is described in any of the following can provide pharmaceutical benefits more ef- ‘‘(4) meet such fraud, quality assurance, clauses: ficiently and effectively than through the and other requirements as the WTC Program ‘‘(i) A person who was present in the New WTC program. Administrator establishes, including sec- York City disaster area in the dust or dust ‘‘(C) IMPROVING QUALITY AND EFFICIENCY tions 1128 through 1128E of the Social Secu- cloud on September 11, 2001. THROUGH MODIFICATION OF PAYMENT AMOUNTS rity Act, as applied by section 3301(d). ‘‘(ii) A person who worked, resided, or at- AND METHODOLOGIES.—The WTC Program Ad- ‘‘(c) TRAINING AND TECHNICAL ASSIST- tended school, childcare, or adult daycare in ministrator may modify the amounts and ANCE.—The WTC Program Administer may the New York City disaster area for— methodologies for making payments for ini- provide, including through contract, for the ‘‘(I) at least 4 days during the 4-month pe- tial health evaluations, monitoring, or treat- provision of training and technical assist- riod beginning on September 11, 2001, and ment, if, taking into account utilization and ance to health care providers participating ending on January 10, 2002; or quality data furnished by the Clinical Cen- in the network under subsection (a). ‘‘(II) at least 30 days during the period be- ters of Excellence under section ‘‘(d) PROVISION OF SERVICES THROUGH THE ginning on September 11, 2001, and ending on 3305(b)(1)(B)(iii), the Administrator deter- VA.— July 31, 2002. mines that a bundling, capitation, pay for ‘‘(1) IN GENERAL.—The WTC Program Ad- ‘‘(iii) Any person who worked as a cleanup performance, or other payment methodology ministrator may enter into an agreement worker or performed maintenance work in would better ensure high quality and effi- with the Secretary of Veterans Affairs for the New York City disaster area during the cient delivery of initial health evaluations, the Secretary to provide services under this 4-month period described in subparagraph monitoring, or treatment to an enrolled section through facilities of the Department (B)(i) and had extensive exposure to WTC WTC responder, screening-eligible WTC sur- of Veterans Affairs. dust as a result of such work. vivor, or certified-eligible WTC survivor. ‘‘(2) NATIONAL PROGRAM.—Not later than ‘‘(iv) A person who was deemed eligible to ‘‘(2) MONITORING AND INITIAL HEALTH EVAL- July 1, 2011, the Comptroller General of the receive a grant from the Lower Manhattan UATION.—The WTC Program Administrator United States shall submit to the Committee Development Corporation Residential Grant shall reimburse the costs of monitoring and on Energy and Commerce of the House of Program, who possessed a lease for a resi- the costs of an initial health evaluation pro- Representatives and the Committee on dence or purchased a residence in the New vided under this title at a rate set by the Ad- Health, Education, Labor, and Pensions of York City disaster area, and who resided in ministrator by regulation. the Senate a report on whether the Depart- such residence during the period beginning ‘‘(3) DETERMINATION OF MEDICAL NECES- ment of Veterans Affairs can provide moni- on September 11, 2001, and ending on May 31, SITY.— toring and treatment services to individuals 2003. ‘‘(A) REVIEW OF MEDICAL NECESSITY AND under this section more efficiently and effec- ‘‘(v) A person whose place of employment— PROTOCOLS.—As part of the process for reim- tively than through the nationwide network ‘‘(I) at any time during the period begin- bursement or payment under this subsection, to be established under subsection (a). ning on September 11, 2001, and ending on the WTC Program Administrator shall pro- ‘‘PART 2—WTC SURVIVORS May 31, 2003, was in the New York City dis- vide for the review of claims for reimburse- ‘‘SEC. 3321. IDENTIFICATION AND INITIAL aster area; and ment or payment for the provision of med- HEALTH EVALUATION OF SCREEN- ‘‘(II) was deemed eligible to receive a grant ical treatment to determine if such treat- ING-ELIGIBLE AND CERTIFIED-ELI- from the Lower Manhattan Development ment is medically necessary and in accord- GIBLE WTC SURVIVORS. Corporation WTC Small Firms Attraction ance with medical treatment protocols es- ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE and Retention Act program or other govern- tablished under subsection (d). WTC SURVIVORS AND CERTIFIED-ELIGIBLE ment incentive program designed to revi- ‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- WTC SURVIVORS.— talize the lower Manhattan economy after CALLY UNNECESSARY TREATMENT.—The Ad- ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.— the September 11, 2001, terrorist attacks.

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‘‘(C) APPLICATION AND DETERMINATION PROC- under such clause at the time of such deter- ‘‘(1) AERODIGESTIVE DISORDERS.— ESS FOR SCREENING ELIGIBILITY.— mination. ‘‘(A) Interstitial lung diseases. ‘‘(i) IN GENERAL.—The WTC Program Ad- ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED- ‘‘(B) Chronic respiratory disorder—fumes/ ministrator in consultation with the Data ELIGIBLE WTC SURVIVORS.— vapors. Centers shall establish a process for individ- ‘‘(A) IN GENERAL.—The total number of in- ‘‘(C) Asthma. uals, other than individuals described in sub- dividuals not described in paragraph (1)(A)(i) ‘‘(D) Reactive airways dysfunction syn- paragraph (A)(i), to be determined to be who may be certified as certified-eligible drome (RADS). screening-eligible WTC survivors. Under WTC survivors under paragraph (2)(B) shall ‘‘(E) WTC-exacerbated chronic obstructive such process— not exceed 25,000 at any time. pulmonary disease (COPD). ‘‘(I) there shall be no fee charged to the ap- ‘‘(B) PROCESS.—In implementing subpara- ‘‘(F) Chronic cough syndrome. plicant for making an application for such graph (A), the WTC Program Administrator ‘‘(G) Upper airway hyperreactivity. determination; shall— ‘‘(H) Chronic rhinosinusitis. ‘‘(II) the Administrator shall make a deter- ‘‘(i) limit the number of certifications pro- ‘‘(I) Chronic nasopharyngitis. mination on such an application not later vided under paragraph (2)(B)— ‘‘(J) Chronic laryngitis. than 60 days after the date of filing the ap- ‘‘(I) in accordance with such subparagraph; ‘‘(K) Gastroesophageal reflux disorder plication; and (GERD). ‘‘(III) the Administrator shall make such a ‘‘(II) to such number, as determined by the ‘‘(L) Sleep apnea exacerbated by or related determination relating to an applicant’s Administrator based on the best available in- to a condition described in a previous clause. compliance with this title and shall not de- formation and subject to amounts made ‘‘(2) MENTAL HEALTH CONDITIONS.— termine that an individual is not so eligible available under section 3351, that will ensure ‘‘(A) Posttraumatic stress disorder (PTSD). or deny written documentation under clause sufficient funds will be available to provide ‘‘(B) Major depressive disorder. (ii) to such individual unless the Adminis- treatment and monitoring benefits under ‘‘(C) Panic disorder. trator determines that— this title, with respect to all individuals re- ‘‘(D) Generalized anxiety disorder. ‘‘(aa) based on the application submitted, ceiving such certifications through the end ‘‘(E) Anxiety disorder (not otherwise speci- the individual does not meet the eligibility of fiscal year 2020; and fied). criteria; or ‘‘(ii) provide priority in such certifications ‘‘(F) Depression (not otherwise specified). ‘‘(bb) the numerical limitation on certifi- in the order in which individuals apply for a ‘‘(G) Acute stress disorder. cations of certified-eligible WTC survivors determination under paragraph (2)(B). ‘‘(H) Dysthymic disorder. set forth in paragraph (3) has been met; and ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON ‘‘(I) Adjustment disorder. ‘‘(IV) an individual who is determined not TERRORIST WATCH LIST.—No individual who is ‘‘(J) Substance abuse. to be a screening-eligible WTC survivor shall on the terrorist watch list maintained by the ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer have an opportunity to appeal such deter- Department of Homeland Security shall (or type of cancer) or other condition added mination in a manner established under such qualify as a screening-eligible WTC survivor to the list in section 3312(a)(3) pursuant to process. or a certified-eligible WTC survivor. Before paragraph (5) or (6) of section 3312(a), as such ‘‘(ii) WRITTEN DOCUMENTATION OF SCREEN- determining any individual to be a screen- provisions are applied under subsection (a) ING-ELIGIBILITY.— ing-eligible WTC survivor under paragraph with respect to certified-eligible WTC sur- ‘‘(I) IN GENERAL.—In the case of an indi- (1) or certifying any individual as a certified vivors. vidual who is described in subparagraph eligible WTC survivor under paragraph (2), (A)(i) or who is determined under clause (i) ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT- the Administrator, in consultation with the MENT OF OTHER INDIVIDUALS WITH (consistent with paragraph (3)) to be a Secretary of Homeland Security, shall deter- WTC-RELATED HEALTH CONDI- screening-eligible WTC survivor, the WTC mine whether the individual is on such list. TIONS. Program Administrator shall provide an ap- ‘‘(b) INITIAL HEALTH EVALUATION TO DE- ‘‘(a) IN GENERAL.—Subject to subsection propriate written documentation of such TERMINE ELIGIBILITY FOR FOLLOWUP MONI- (c), the provisions of section 3322 shall apply fact. TORING OR TREATMENT.— to the followup monitoring and treatment of ‘‘(II) TIMING.— ‘‘(1) IN GENERAL.—In the case of a screen- WTC-related health conditions in the case of ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.— ing-eligible WTC survivor, the WTC Program individuals described in subsection (b) in the In the case of an individual who is described shall provide for an initial health evaluation same manner as such provisions apply to the in subparagraph (A)(i), the WTC Program to determine if the survivor has a WTC-re- followup monitoring and treatment of WTC- Administrator shall provide the written doc- lated health condition and is eligible for fol- related health conditions for certified-eligi- umentation under subclause (I) not later lowup monitoring and treatment benefits ble WTC survivors. than July 1, 2011. under the WTC Program. Initial health eval- ‘‘(b) INDIVIDUALS DESCRIBED.—An indi- ‘‘(bb) OTHER MEMBERS.—In the case of an- uation protocols under section vidual described in this subsection is an indi- other individual who is determined under 3305(a)(2)(A)(ii) shall be subject to approval vidual who, regardless of location of resi- clause (i) and consistent with paragraph (3) by the WTC Program Administrator. dence— to be a screening-eligible WTC survivor, the ‘‘(2) INITIAL HEALTH EVALUATION PRO- ‘‘(1) is not an enrolled WTC responder or a WTC Program Administrator shall provide VIDERS.—The initial health evaluation de- certified-eligible WTC survivor; and the written documentation under subclause scribed in paragraph (1) shall be provided ‘‘(2) is diagnosed at a Clinical Center of Ex- (I) at the time of such determination. through a Clinical Center of Excellence with cellence with a WTC-related health condi- ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— respect to the individual involved. tion for certified-eligible WTC survivors. ‘‘(A) DEFINITION.—The term ‘certified-eligi- ‘‘(c) LIMITATION.— ble WTC survivor’ means, subject to para- ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA- ‘‘(1) IN GENERAL.—The WTC Program Ad- graph (3), a screening-eligible WTC survivor TION BENEFITS.—Benefits for an initial health ministrator shall limit benefits for any fiscal who the WTC Program Administrator cer- evaluation under this part for a screening-el- year under subsection (a) in a manner so tifies under subparagraph (B) to be eligible igible WTC survivor shall consist only of a that payments under this section for such for followup monitoring and treatment under single medical initial health evaluation con- fiscal year do not exceed the amount speci- this part. sistent with initial health evaluation protocols described in paragraph (1). Nothing in fied in paragraph (2) for such fiscal year. ‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MON- this paragraph shall be construed as pre- ‘‘(2) LIMITATION.—The amount specified in ITORING AND TREATMENT.— venting such an individual from seeking ad- this paragraph for— ‘‘(i) IN GENERAL.—The WTC Program Ad- ‘‘(A) the last calendar quarter of fiscal ministrator shall establish a certification ditional medical initial health evaluations year 2011 is $5,000,000; process under which the Administrator shall at the expense of the individual. ‘‘(B) fiscal year 2012 is $20,000,000; or provide appropriate certification to screen- ‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT- ‘‘(C) a succeeding fiscal year is the amount ing-eligible WTC survivors who, pursuant to MENT OF CERTIFIED-ELIGIBLE WTC SURVIVORS FOR WTC-RELATED specified in this paragraph for the previous the initial health evaluation under sub- HEALTH CONDITIONS. fiscal year increased by the annual percent- section (b), are determined to be eligible for ‘‘(a) IN GENERAL.—Subject to subsection age increase in the medical care component followup monitoring and treatment under (b), the provisions of sections 3311 and 3312 of the consumer price index for all urban this part. shall apply to followup monitoring and consumers. ‘‘(ii) TIMING.— treatment of WTC-related health conditions ‘‘PART 3—PAYOR PROVISIONS ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In for certified-eligible WTC survivors in the the case of an individual who is described in same manner as such provisions apply to the ‘‘SEC. 3331. PAYMENT OF CLAIMS. paragraph (1)(A)(i), the WTC Program Ad- monitoring and treatment of WTC-related ‘‘(a) IN GENERAL.—Except as provided in ministrator shall provide the certification health conditions for enrolled WTC respond- subsections (b) and (c), the cost of moni- under clause (i) not later than July 1, 2011. ers. toring and treatment benefits and initial ‘‘(II) OTHER MEMBERS.—In the case of an- ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI- health evaluation benefits provided under other individual who is determined under TIONS FOR SURVIVORS.—The list of health parts 1 and 2 of this subtitle shall be paid for clause (i) to be eligible for followup moni- conditions for screening-eligible WTC sur- by the WTC Program from the World Trade toring and treatment, the WTC Program Ad- vivors and certified-eligible WTC survivors Center Health Program Fund. ministrator shall provide the certification consists of the following: ‘‘(b) WORKERS’ COMPENSATION PAYMENT.—

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‘‘(1) IN GENERAL.—Subject to paragraph (2), tion under subsection (e) of such section does ‘‘(B) bill such amount directly to New payment for treatment under parts 1 and 2 of not apply; and York City; and this subtitle of a WTC-related health condi- ‘‘(B) is not covered under minimum essen- ‘‘(C) certify periodically, for purposes of tion of an individual that is work-related tial coverage, as required under subsection this subsection, whether or not New York shall be reduced or recouped to the extent (a) of such section. City has paid the amount so billed. that the WTC Program Administrator deter- ‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK Such amount shall initially be estimated by mines that payment has been made, or can CITY IN PROGRAM COSTS.— the WTC Program Administrator and shall ‘‘(1) CONTRACT REQUIREMENT.— reasonably be expected to be made, under a be subject to adjustment and reconciliation ‘‘(A) IN GENERAL.—No funds may be dis- workers’ compensation law or plan of the based upon actual expenditures in carrying bursed from the World Trade Center Health United States, a State, or a locality, or other out this title. Program Fund under section 3351 unless New work-related injury or illness benefit plan of ‘‘(3) RULE OF CONSTRUCTION.—Nothing in York City has entered into a contract with the employer of such individual, for such this subsection shall be construed as author- the WTC Program Administrator under treatment. The provisions of clauses (iii), izing the WTC Administrator, with respect which New York City agrees, in a form and (iv), (v), and (vi) of paragraph (2)(B) of sec- to a fiscal year, to reduce the numerical lim- manner specified by the Administrator, to tion 1862(b) of the Social Security Act and itation under section 3311(a)(4) or 3321(a)(3) pay the full contribution described in subparagraphs (3) and (4) of such section shall for such fiscal year if New York City fails to paragraph (B) in accordance with this sub- apply to the recoupment under this sub- comply with paragraph (1) for a calendar section of a payment to the WTC Program section on a timely basis, plus any interest owed pursuant to subparagraph (E)(i). Such quarter in such fiscal year. (with respect to a workers’ compensation ‘‘(e) WORK-RELATED DESCRIBED.—For the contract shall specify the terms under which law or plan, or other work-related injury or purposes of this section, a WTC-related New York City shall be considered to have illness plan of the employer involved, and health condition shall be treated as a condi- made the full payment required for a quarter such individual) in the same manner as such tion that is work-related if— for purposes of subsection (b)(2). provisions apply to the reimbursement of a ‘‘(1) the condition is diagnosed in an en- ‘‘(B) FULL CONTRIBUTION AMOUNT.—Under payment under section 1862(b)(2) of such Act rolled WTC responder, or in an individual to the Secretary (with respect to such a law such contract, with respect to the last calendar quarter of fiscal year 2011 and each who qualifies as a certified-eligible WTC sur- or plan and an individual entitled to benefits vivor on the basis of being a rescue, recov- under title XVIII of such Act) except that calendar quarter in fiscal years 2012 through 2015 the full contribution amount under this ery, or cleanup worker; or any reference in such paragraph (4) to pay- subparagraph shall be equal to 10 percent of ‘‘(2) with respect to the condition the indi- ment rates under title XVIII of the Social the expenditures in carrying out this title vidual has filed and had established a claim Security Act shall be deemed a reference to for the respective quarter and with respect under a workers’ compensation law or plan payment rates under this title. to calendar quarters in fiscal year 2016, such of the United States or a State, or other ‘‘(2) EXCEPTION.—Paragraph (1) shall not work-related injury or illness benefit plan of full contribution amount shall be equal to 1⁄9 apply for any quarter, with respect to any of the Federal expenditures in carrying out the employer of such individual. workers’ compensation law or plan, includ- this title for the respective quarter. ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU- ing line of duty compensation, to which New ‘‘(C) SATISFACTION OF PAYMENT OBLIGA- THORITY. York City is obligated to make payments, if, TION.—The payment obligation under such ‘‘The WTC Program Administrator may in accordance with terms specified under the contract may not be satisfied through any of enter into arrangements with other govern- contract under subsection (d)(1)(A), New the following: ment agencies, insurance companies, or York City has made the full payment re- ‘‘(i) An amount derived from Federal other third-party administrators to provide quired under such contract for such quarter. sources. for timely and accurate processing of claims ‘‘(3) RULES OF CONSTRUCTION.—Nothing in ‘‘(ii) An amount paid before the date of the under sections 3312, 3313, 3322, and 3323. this title shall be construed to affect, mod- enactment of this title. ‘‘Subtitle C—Research Into Conditions ify, or relieve any obligations under a work- ‘‘(iii) An amount paid to satisfy a judg- er’s compensation law or plan, other work- ‘‘SEC. 3341. RESEARCH REGARDING CERTAIN ment or as part of a settlement related to in- HEALTH CONDITIONS RELATED TO related injury or illness benefit plan of an juries or illnesses arising out of the Sep- SEPTEMBER 11 TERRORIST AT- employer, or any health insurance plan. tember 11, 2001, terrorist attacks. TACKS. ‘‘(c) HEALTH INSURANCE COVERAGE.— ‘‘(D) TIMING OF CONTRIBUTION.—The pay- ‘‘(a) IN GENERAL.—With respect to individ- ‘‘(1) IN GENERAL.—In the case of an indi- ment obligation under such contract for a uals, including enrolled WTC responders and vidual who has a WTC-related health condi- calendar quarter in a fiscal year shall be paid certified-eligible WTC survivors, receiving tion that is not work-related and has health not later than the last day of the second suc- monitoring or treatment under subtitle B, coverage for such condition through any ceeding calendar quarter. the WTC Program Administrator shall con- public or private health plan (including ‘‘(E) COMPLIANCE.— duct or support— health benefits under title XVIII, XIX, or ‘‘(i) INTEREST FOR LATE PAYMENT.—If New ‘‘(1) research on physical and mental XXI of the Social Security Act) the provi- York City fails to pay to the WTC Program health conditions that may be related to the sions of section 1862(b) of the Social Security Administrator pursuant to such contract the September 11, 2001, terrorist attacks; Act shall apply to such a health plan and amount required for any calendar quarter by ‘‘(2) research on diagnosing WTC-related such individual in the same manner as they the day specified in subparagraph (D), inter- health conditions of such individuals, in the apply to group health plan and an individual est shall accrue on the amount not so paid at case of conditions for which there has been entitled to benefits under title XVIII of such the rate (determined by the Administrator) diagnostic uncertainty; and Act pursuant to section 226(a) of such Act. based on the average yield to maturity, plus ‘‘(3) research on treating WTC-related Any costs for items and services covered 1 percentage point, on outstanding municipal health conditions of such individuals, in the under such plan that are not reimbursed by bonds issued by New York City with a re- case of conditions for which there has been such health plan, due to the application of maining maturity of at least 1 year. treatment uncertainty. deductibles, copayments, coinsurance, other ‘‘(ii) RECOVERY OF AMOUNTS OWED.—The The Administrator may provide such support cost sharing, or otherwise, are reimbursable amounts owed to the WTC Program Adminis- through continuation and expansion of re- under this title to the extent that they are trator under such contract shall be recover- search that was initiated before the date of covered under the WTC Program. The pro- able by the United States in an action in the the enactment of this title and through the gram under this title shall not be treated as same manner as payments made under title World Trade Center Health Registry (re- a legally liable party for purposes of apply- XVIII of the Social Security Act may be referred to in section 3342), through a Clinical ing section 1902(a)(25) of the Social Security coverable in an action brought under section Center of Excellence, or through a Data Cen- Act. 1862(b)(2)(B)(iii) of such Act. ter. ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— ‘‘(F) DEPOSIT IN FUND.—The WTC Program ‘‘(b) TYPES OF RESEARCH.—The research Nothing in paragraph (1) shall be construed Administer shall deposit amounts paid under under subsection (a)(1) shall include epi- as requiring an entity providing monitoring such contract into the World Trade Center demiologic and other research studies on and treatment under this title to seek reim- Health Program Fund under section 3351. WTC-related health conditions or emerging bursement under a health plan with which ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF conditions— the entity has no contract for reimburse- MONITORING AND TREATMENT COSTS.—With re- ‘‘(1) among enrolled WTC responders and ment. spect to each calendar quarter for which a certified-eligible WTC survivors under treat- ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- contribution is required by New York City ment; and SENTIAL COVERAGE.—No payment may be under the contract under paragraph (1), the ‘‘(2) in sampled populations outside the made for monitoring and treatment under WTC Program Administrator shall— New York City disaster area in Manhattan this title for an individual for a month (be- ‘‘(A) provide New York City with an esti- as far north as 14th Street and in Brooklyn, ginning with July 2014) if with respect to mate of such amount of the required con- along with control populations, to identify such month the individual— tribution at the beginning of such quarter potential for long-term adverse health ef- ‘‘(A) is an applicable individual (as defined and with an updated estimate of such fects in less exposed populations. in subsection (d) of section 5000A of Internal amount at the beginning of each of the sub- ‘‘(c) CONSULTATION.—The WTC Program Revenue Code of 1986) for whom the exemp- sequent 2 quarters; Administrator shall carry out this section in

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consultation with the WTC Scientific/Tech- ligation for payment of amounts in excess of ‘‘(6) WORLD TRADE CENTER HEALTH REG- nical Advisory Committee. the amounts available from the Fund for ISTRY.—For the purpose of carrying out sec- ‘‘(d) APPLICATION OF PRIVACY AND HUMAN such purpose. tion 3342— SUBJECT PROTECTIONS.—The privacy and ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR- ‘‘(A) for the last calendar quarter of fiscal human subject protections applicable to re- THER APPROPRIATIONS.—This title does not year 2011, $1,750,000; search conducted under this section shall not establish any authorization for appropria- ‘‘(B) for fiscal year 2012, $7,000,000; and be less than such protections applicable to tion of amounts in excess of the amounts ‘‘(C) for each subsequent fiscal year, the research conducted or funded by the Depart- available from the Fund under paragraph (1). amount specified under this paragraph for ment of Health and Human Services. ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR- the previous fiscal year increased by the per- ‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG- POSES.—Of the amounts made available centage increase in the consumer price index ISTRY. under subsection (b)(1), not more than each for all urban consumers (all items; United ‘‘For the purpose of ensuring ongoing data States city average) as estimated by the Sec- collection relating to victims of the Sep- of the following amounts may be available for each of the following purposes: retary for the 12-month period ending with tember 11, 2001, terrorist attacks, the WTC March of the previous year.’’. Program Administrator shall ensure that a ‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS registry of such victims is maintained that OF FIREFIGHTERS.—For the purposes of car- TITLE II—SEPTEMBER 11TH VICTIM is at least as comprehensive as the World rying out subtitle B with respect to WTC re- COMPENSATION FUND OF 2001 Trade Center Health Registry maintained sponders described in section SEC. 201. DEFINITIONS. under the arrangements in effect as of April 3311(a)(2)(A)(ii)— Section 402 of the Air Transportation Safe- 20, 2009, with the New York City Department ‘‘(A) for the last calendar quarter of fiscal ty and System Stabilization Act (49 U.S.C. of Health and Mental Hygiene. year 2011, $100,000; 40101 note) is amended— ‘‘Subtitle D—Funding ‘‘(B) for fiscal year 2012, $400,000; and (1) in paragraph (6) by inserting ‘‘, or de- ‘‘(C) for each subsequent fiscal year, the bris removal, including under the World ‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- GRAM FUND. amount specified under this paragraph for Trade Center Health Program established ‘‘(a) ESTABLISHMENT OF FUND.— the previous fiscal year increased by the per- under section 3001 of the Public Health Serv- ‘‘(1) IN GENERAL.—There is established a centage increase in the consumer price index ice Act, and payments made pursuant to the fund to be known as the World Trade Center for all urban consumers (all items; United settlement of a civil action described in sec- Health Program Fund (referred to in this States city average) as estimated by the Sec- tion 405(c)(3)(C)(iii)’’ after ‘‘September 11, section as the ‘Fund’). retary for the 12-month period ending with 2001’’; ‘‘(2) FUNDING.—Out of any money in the March of the previous year. (2) by inserting after paragraph (6) the fol- Treasury not otherwise appropriated, there ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- lowing new paragraphs and redesignating shall be deposited into the Fund for each of NICAL ADVISORY COMMITTEE.—For the purpose subsequent paragraphs accordingly: fiscal years 2012 through 2016 (and the last of carrying out section 3302(a)— ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The calendar quarter of fiscal year 2011)— ‘‘(A) for the last calendar quarter of fiscal term ‘contractor and subcontractor’ means ‘‘(A) the Federal share, consisting of an year 2011, $25,000; any contractor or subcontractor (at any tier amount equal to the lesser of— ‘‘(B) for fiscal year 2012, $100,000; and of a subcontracting relationship), including ‘‘(i) 90 percent of the expenditures in car- ‘‘(C) for each subsequent fiscal year, the any general contractor, construction man- rying out this title for the respective fiscal amount specified under this paragraph for ager, prime contractor, consultant, or any year (initially based on estimates, subject to the previous fiscal year increased by the per- parent, subsidiary, associated or allied com- subsequent reconciliation based on actual centage increase in the consumer price index pany, affiliated company, corporation, firm, expenditures); or for all urban consumers (all items; United organization, or joint venture thereof that ‘‘(ii)(I) $71,000,000 for the last calendar States city average) as estimated by the Sec- participated in debris removal at any 9/11 quarter of fiscal year 2011, $318,000,000 for fis- retary for the 12-month period ending with crash site. Such term shall not include any cal year 2012, $354,000,000 for fiscal year 2013, March of the previous year. entity, including the Port Authority of New $382,000,000 for fiscal year 2014, and ‘‘(3) EDUCATION AND OUTREACH.—For the York and New Jersey, with a property inter- $431,000,000 for fiscal year 2015; and purpose of carrying out section 3303— est in the World Trade Center, on September ‘‘(II) subject to paragraph (4), an additional ‘‘(A) for the last calendar quarter of fiscal 11, 2001, whether fee simple, leasehold or amount for fiscal year 2016 from unexpended year 2011, $500,000; easement, direct or indirect. amounts for previous fiscal years; plus ‘‘(B) for fiscal year 2012, $2,000,000; and ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re- ‘‘(B) the New York City share, consisting ‘‘(C) for each subsequent fiscal year, the moval’ means rescue and recovery efforts, of the amount contributed under the contra amount specified under this paragraph for removal of debris, cleanup, remediation, and ct under section 3331(d). the previous fiscal year increased by the per- response during the immediate aftermath of ‘‘(3) CONTRACT REQUIREMENT.— centage increase in the consumer price index the terrorist-related aircraft crashes of Sep- ‘‘(A) IN GENERAL.—No funds may be dis- for all urban consumers (all items; United tember 11, 2001, with respect to a 9/11 crash bursed from the Fund unless New York City States city average) as estimated by the Sec- site.’’; has entered into a contract with the WTC retary for the 12-month period ending with (3) by inserting after paragraph (10), as so Program Administrator under section March of the previous year. redesignated, the following new paragraph 3331(d)(1). ‘‘(4) UNIFORM DATA COLLECTION.—For the and redesignating the subsequent paragraphs ‘‘(B) BREACH OF CONTRACT.—In the case of a purpose of carrying out section 3304 and for accordingly: failure to pay the amount so required under reimbursing Data Centers (as defined in sec- ‘‘(11) IMMEDIATE AFTERMATH.—The term the contract— tion 3305(b)(2)) for the costs incurred by such ‘immediate aftermath’ means any period be- ‘‘(i) the amount is recoverable under sub- Centers in carrying out activities under con- ginning with the terrorist-related aircraft paragraph (E)(ii) of such section; tracts entered into under section 3305(a)(2)— crashes of September 11, 2001, and ending on ‘‘(ii) such failure shall not affect the dis- ‘‘(A) for the last calendar quarter of fiscal May 30, 2002.’’; and bursement of amounts from the Fund; and year 2011, $2,500,000; (4) by adding at the end the following new ‘‘(iii) the Federal share described in para- ‘‘(B) for fiscal year 2012, $10,000,000; and paragraph: graph (2)(A) shall not be increased by the ‘‘(C) for each subsequent fiscal year, the ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash amount so unpaid. amount specified under this paragraph for site’ means— ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- the previous fiscal year increased by the per- ‘‘(A) the World Trade Center site, Pen- GINNING WITH FISCAL YEAR 2016.—Beginning centage increase in the consumer price index tagon site, and Shanksville, Pennsylvania with fiscal year 2016, in no case shall the for all urban consumers (all items; United site; share of Federal funds deposited into the States city average) as estimated by the Sec- ‘‘(B) the buildings or portions of buildings Fund under paragraph (2) for such fiscal year retary for the 12-month period ending with that were destroyed as a result of the ter- and previous fiscal years and quarters exceed March of the previous year. rorist-related aircraft crashes of September the sum of the amounts specified in para- ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH 11, 2001; graph (2)(A)(ii)(I). CONDITIONS.—For the purpose of carrying out ‘‘(C) any area contiguous to a site of such ‘‘(b) MANDATORY FUNDS FOR MONITORING, section 3341— crashes that the Special Master determines INITIAL HEALTH EVALUATIONS, TREATMENT, ‘‘(A) for the last calendar quarter of fiscal was sufficiently close to the site that there AND CLAIMS PROCESSING.— year 2011, $3,750,000; was a demonstrable risk of physical harm re- ‘‘(1) IN GENERAL.—The amounts deposited ‘‘(B) for fiscal year 2012, $15,000,000; and sulting from the impact of the aircraft or into the Fund under subsection (a)(2) shall be ‘‘(C) for each subsequent fiscal year, the any subsequent fire, explosions, or building available, without further appropriation, amount specified under this paragraph for collapses (including the immediate area in consistent with paragraph (2) and subsection the previous fiscal year increased by the per- which the impact occurred, fire occurred, (c), to carry out subtitle B and sections centage increase in the consumer price index portions of buildings fell, or debris fell upon 3302(a), 3303, 3304, 3305(a)(2), 3305(c), 3341, and for all urban consumers (all items; United and injured individuals); and 3342. States city average) as estimated by the Sec- ‘‘(D) any area related to, or along, routes ‘‘(2) LIMITATION ON MANDATORY FUNDING.— retary for the 12-month period ending with of debris removal, such as barges and Fresh This title does not establish any Federal ob- March of the previous year. Kills.’’.

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.144 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11050 CONGRESSIONAL RECORD — SENATE December 22, 2010 SEC. 202. EXTENDED AND EXPANDED ELIGI- reasonable time from the date of discovering other form or type of relief, arising from or BILITY FOR COMPENSATION. such harm; and related to debris removal, against the City of (a) INFORMATION ON LOSSES RESULTING ‘‘(II) the individual’s physical harm is New York, any entity (including the Port FROM DEBRIS REMOVAL INCLUDED IN CON- verified by contemporaneous medical records Authority of New York and New Jersey) with TENTS OF CLAIM FORM.—Section 405(a)(2)(B) created by or at the direction of the medical a property interest in the World Trade Cen- of the Air Transportation Safety and System professional who provided the medical care. ter on September 11, 2001 (whether fee sim- Stabilization Act (49 U.S.C. 40101 note) is ‘‘(iii) DATE SPECIFIED.—The date specified ple, leasehold or easement, or direct or indi- amended— in this clause is the date on which the regu- rect) and any contractors and subcontrac- (1) in clause (i), by inserting ‘‘, or debris relations are updated under section 407(a).’’. tors, shall not be in an amount that exceeds moval during the immediate aftermath’’ (d) CLARIFYING APPLICABILITY TO ALL 9/11 the sum of the following, as may be applica- after ‘‘September 11, 2001’’; CRASH SITES.—Section 405(c)(2)(A)(i) of such ble: (2) in clause (ii), by inserting ‘‘or debris re- Act is amended by striking ‘‘or the site of ‘‘(A) The amount of funds of the WTC Cap- moval during the immediate aftermath’’ the aircraft crash at Shanksville, Pennsyl- tive Insurance Company, including the cu- after ‘‘crashes’’; and vania’’ and inserting ‘‘the site of the aircraft mulative interest. (3) in clause (iii), by inserting ‘‘or debris crash at Shanksville, Pennsylvania, or any ‘‘(B) The amount of all available insurance removal during the immediate aftermath’’ other 9/11 crash site’’. identified in schedule 2 of the WTC Captive after ‘‘crashes’’. (e) INCLUSION OF PHYSICAL HARM RESULT- Insurance Company insurance policy. (b) EXTENSION OF DEADLINE FOR CLAIMS ING FROM DEBRIS REMOVAL.—Section 405(c) of ‘‘(C) As it relates to the limitation of li- UNDER SEPTEMBER 11TH VICTIM COMPENSA- such Act is amended in paragraph (2)(A)(ii), ability of the City of New York, the amount TION FUND OF 2001.—Section 405(a)(3) of such by inserting ‘‘or debris removal’’ after ‘‘air that is the greater of the City of New York’s Act is amended to read as follows: crash’’. insurance coverage or $350,000,000. In deter- ‘‘(3) LIMITATION.— (f) LIMITATIONS ON CIVIL ACTIONS.— mining the amount of the City’s insurance ‘‘(A) IN GENERAL.—Except as provided by (1) APPLICATION TO DAMAGES RELATED TO coverage for purposes of the previous sen- subparagraph (B), no claim may be filed DEBRIS REMOVAL.—Clause (i) of section tence, any amount described in subpara- under paragraph (1) after the date that is 2 405(c)(3)(C) of such Act, as redesignated by graphs (A) and (B) shall not be included. years after the date on which regulations are subsection (c), is amended by inserting ‘‘, or ‘‘(D) As it relates to the limitation of li- promulgated under section 407(a). for damages arising from or related to debris ability of any entity, including the Port Au- ‘‘(B) EXCEPTION.—A claim may be filed removal’’ after ‘‘September 11, 2001’’. thority of New York and New Jersey, with a under paragraph (1), in accordance with sub- (2) PENDING ACTIONS.—Clause (ii) of such property interest in the World Trade Center section (c)(3)(A)(i), by an individual (or by a section, as so redesignated, is amended to on September 11, 2001 (whether fee simple, personal representative on behalf of a de- read as follows: leasehold or easement, or direct or indirect), ceased individual) during the period begin- ‘‘(ii) PENDING ACTIONS.—In the case of an the amount of all available liability insur- ning on the date on which the regulations individual who is a party to a civil action de- ance coverage maintained by any such enti- are updated under section 407(b) and ending scribed in clause (i), such individual may not ty. on the date that is 5 years after the date on submit a claim under this title— ‘‘(E) As it relates to the limitation of li- which such regulations are updated.’’. ‘‘(I) during the period described in sub- ability of any individual contractor or sub- (c) REQUIREMENTS FOR FILING CLAIMS DUR- section (a)(3)(A) unless such individual with- contractor, the amount of all available li- ING EXTENDED FILING PERIOD.—Section draws from such action by the date that is 90 ability insurance coverage maintained by 405(c)(3) of such Act is amended— days after the date on which regulations are such contractor or subcontractor on Sep- (1) by redesignating subparagraphs (A) and promulgated under section 407(a); and tember 11, 2001. (B) as subparagraphs (B) and (C), respec- ‘‘(II) during the period described in sub- ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay- tively; and section (a)(3)(B) unless such individual with- ments to plaintiffs who obtain a settlement (2) by inserting before subparagraph (B), as draws from such action by the date that is 90 or judgment with respect to a claim or ac- so redesignated, the following new subpara- days after the date on which the regulations tion to which paragraph (4) applies, shall be graph: are updated under section 407(b).’’. paid solely from the following funds in the ‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- (3) SETTLED ACTIONS.—Such section, as so following order, as may be applicable: ING EXTENDED FILING PERIOD.— redesignated, is further amended by adding ‘‘(A) The funds described in subparagraph ‘‘(i) TIMING REQUIREMENTS FOR FILING at the end the following new clause: (A) or (B) of paragraph (4). CLAIMS.—An individual (or a personal rep- ‘‘(iii) SETTLED ACTIONS.—In the case of an ‘‘(B) If there are no funds available as de- resentative on behalf of a deceased indi- individual who settled a civil action described in subparagraph (A) or (B) of para- vidual) may file a claim during the period scribed in clause (i), such individual may not graph (4), the funds described in subpara- described in subsection (a)(3)(B) as follows: submit a claim under this title unless such graph (C) of such paragraph. ‘‘(I) In the case that the Special Master de- action was commenced after December 22, ‘‘(C) If there are no funds available as determines the individual knew (or reasonably 2003, and a release of all claims in such ac- scribed in subparagraph (A), (B), or (C) of should have known) before the date specified tion was tendered prior to the date on which paragraph (4), the funds described in sub- in clause (iii) that the individual suffered a the James Zadroga 9/11 Health and Com- paragraph (D) of such paragraph. physical harm at a 9/11 crash site as a result pensation Act of 2010 was enacted.’’. ‘‘(D) If there are no funds available as de- of the terrorist-related aircraft crashes of SEC. 203. REQUIREMENT TO UPDATE REGULA- scribed in subparagraph (A), (B), (C), or (D) September 11, 2001, or as a result of debris re- TIONS. of paragraph (4), the funds described in sub- moval, and that the individual knew (or Section 407 of the Air Transportation Safe- paragraph (E) of such paragraph. should have known) before such specified ty and System Stabilization Act (49 U.S.C. ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND date that the individual was eligible to file a 40101 note) is amended— DIRECT ACTION.—Any claimant to a claim or claim under this title, the individual may (1) by striking ‘‘Not later than’’ and insert- action to which paragraph (4) applies may, file a claim not later than the date that is 2 ing ‘‘(a) IN GENERAL.—Not later than’’; and with respect to such claim or action, either years after such specified date. (2) by adding at the end the following new file an action for a declaratory judgment for ‘‘(II) In the case that the Special Master subsection: insurance coverage or bring a direct action determines the individual first knew (or rea- ‘‘(b) UPDATED REGULATIONS.—Not later against the insurance company involved, ex- sonably should have known) on or after the than 180 days after the date of the enactment cept that no such action for declaratory date specified in clause (iii) that the indi- of the James Zadroga 9/11 Health and Com- judgment or direct action may be com- vidual suffered such a physical harm or that pensation Act of 2010, the Special Master menced until after the funds available in the individual first knew (or should have shall update the regulations promulgated subparagraph (A), (B), (C), and (D) of para- known) on or after such specified date that under subsection (a) to the extent necessary graph (5) have been exhausted consistent the individual was eligible to file a claim to comply with the provisions of title II of with the order described in such paragraph under this title, the individual may file a such Act.’’. for payment.’’. claim not later than the last day of the 2- SEC. 204. LIMITED LIABILITY FOR CERTAIN SEC. 205. FUNDING; ATTORNEY FEES. year period beginning on the date the Spe- CLAIMS. Section 406 of the Air Transportation Safe- cial Master determines the individual first Section 408(a) of the Air Transportation ty and System Stabilization Act (49 U.S.C. knew (or should have known) that the indi- Safety and System Stabilization Act (49 40101 note) is amended— vidual both suffered from such harm and was U.S.C. 40101 note) is amended by adding at (1) in subsection (a), by striking ‘‘Not later eligible to file a claim under this title. the end the following new paragraphs: than’’ and inserting ‘‘Subject to the limita- ‘‘(ii) OTHER ELIGIBILITY REQUIREMENTS FOR ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- tions under subsection (d), not later than’’; FILING CLAIMS.—An individual may file a withstanding any other provision of law, li- (2) in subsection (b)— claim during the period described in sub- ability for all claims and actions (including (A) by inserting ‘‘in the amounts provided section (a)(3)(B) only if— claims or actions that have been previously under subsection (d)(1)’’ after ‘‘appropria- ‘‘(I) the individual was treated by a med- resolved, that are currently pending, and tions Acts’’; and ical professional for suffering from a phys- that may be filed) for compensatory dam- (B) by inserting ‘‘subject to the limitations ical harm described in clause (i)(I) within a ages, contribution or indemnity, or any under subsection (d)’’ before the period; and

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.145 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11051 (3) by adding at the end the following new Master, award as reasonable compensation TITLE IV—BUDGETARY EFFECTS subsections: for services rendered an amount lesser than SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS- ‘‘(d) LIMITATION.— that permitted for in paragraph (1).’’. YOU-GO ACT OF 2010. ‘‘(1) IN GENERAL.—The total amount of Fed- TITLE III—REVENUE RELATED The budgetary effects of this Act, for the eral funds paid for compensation under this PROVISIONS purpose of complying with the Statutory title, with respect to claims filed on or after SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PRO- Pay-As-You-Go-Act of 2010, shall be deter- the date on which the regulations are up- CUREMENT. mined by reference to the latest statement dated under section 407(b), shall not exceed (a) IMPOSITION OF TAX.— titled ‘‘Budgetary Effects of PAYGO Legisla- $2,775,000,000. Of such amounts, not to exceed (1) IN GENERAL.—Subtitle D of the Internal tion’’ for this Act, submitted for printing in $875,000,000 shall be available to pay such Revenue Code of 1986 is amended by adding the Congressional Record by the Chairman of claims during the 5-year period beginning on at the end the following new chapter: the Senate Budget Committee, provided that such date. such statement has been submitted prior to ‘‘CHAPTER 50—FOREIGN PROCUREMENT ‘‘(2) PRO-RATION AND PAYMENT OF REMAIN- the vote on passage. ING CLAIMS.— ‘‘Sec. 5000C. Imposition of tax on certain ‘‘(A) IN GENERAL.—The Special Master foreign procurement. SA 4924. Mr. BROWN of Ohio (for shall ratably reduce the amount of com- ‘‘SEC. 5000C. IMPOSITION OF TAX ON CERTAIN himself, Mr. CASEY, Mr. BAUCUS, Mr. FOREIGN PROCUREMENT. pensation due claimants under this title in a MCCAIN, and Mr. KYL) proposed an ‘‘(a) IMPOSITION OF TAX.—There is hereby manner to ensure, to the extent possible, amendment to the bill H.R. 6517, to ex- that— imposed on any foreign person that receives ‘‘(i) all claimants who, before application a specified Federal procurement payment a tend trade adjustment assistance and of the limitation under the second sentence tax equal to 2 percent of the amount of such certain trade preference programs, to of paragraph (1), would have been determined specified Federal procurement payment. amend the Harmonized Tariff Schedule to be entitled to a payment under this title ‘‘(b) SPECIFIED FEDERAL PROCUREMENT of the United States to modify tempo- during such 5-year period, receive a payment PAYMENT.—For purposes of this section, the rarily certain rates of duty, and for term ‘specified Federal procurement pay- during such period; and other purposes; as follows: ‘‘(ii) the total amount of all such payments ment’ means any payment made pursuant to Strike all after the enacting clause and in- made during such 5-year period do not exceed a contract with the Government of the sert the following: the amount available under the second sen- United States for— tence of paragraph (1) to pay claims during ‘‘(1) the provision of goods, if such goods SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as such period. are manufactured or produced in any coun- the ‘‘Omnibus Trade Act of 2010’’. ‘‘(B) PAYMENT OF REMAINDER OF CLAIM try which is not a party to an international (b) TABLE OF CONTENTS.—The table of con- AMOUNTS.—In any case in which the amount procurement agreement with the United tents for this Act is as follows: of a claim is ratably reduced pursuant to States, or subparagraph (A), on or after the first day ‘‘(2) the provision of services, if such serv- Sec. 1. Short title; table of contents. after the 5-year period described in para- ices are provided in any country which is not TITLE I—EXTENSION OF TRADE ADJUST- graph (1), but in no event later than 1 year a party to an international procurement MENT ASSISTANCE AND HEALTH COV- after such 5-year period, the Special Master agreement with the United States. ERAGE IMPROVEMENT shall pay to the claimant the amount that is ‘‘(c) FOREIGN PERSON.—For purposes of this Subtitle A—Extension of Trade Adjustment equal to the difference between— section, the term ‘foreign person’ means any Assistance ‘‘(i) the amount that the claimant would person other than a United States person. Sec. 101. Extension of trade adjustment as- ‘‘(d) ADMINISTRATIVE PROVISIONS.— have been paid under this title during such sistance. period without regard to the limitation ‘‘(1) WITHHOLDING.—The amount deducted Sec. 102. Merit staffing for State adminis- under the second sentence of paragraph (1) and withheld under chapter 3 shall be in- tration of trade adjustment as- applicable to such period; and creased by the amount of tax imposed by sistance. this section on such payment. ‘‘(ii) the amount the claimant was paid Subtitle B—Health Coverage Improvement under this title during such period. ‘‘(2) OTHER ADMINISTRATIVE PROVISIONS.— Sec. 111. Improvement of the affordability of ‘‘(C) TERMINATION.—Upon completion of all For purposes of subtitle F, any tax imposed the credit. payments pursuant to this subsection, the by this section shall be treated as a tax imposed by subtitle A.’’. Sec. 112. Payment for the monthly pre- Victim’s Compensation Fund shall be perma- miums paid prior to commence- (2) CLERICAL AMENDMENT.—The table of nently closed. ment of the advance payments ‘‘(e) ATTORNEY FEES.— chapters for subtitle D of the Internal Rev- enue Code of 1986 is amended by adding at of credit. ‘‘(1) IN GENERAL.—Notwithstanding any Sec. 113. TAA recipients not enrolled in the end the following new item: contract, the representative of an individual training programs eligible for may not charge, for services rendered in con- ‘‘CHAPTER 50—FOREIGN PROCUREMENT’’. credit. nection with the claim of an individual (3) EFFECTIVE DATE.—The amendments Sec. 114. TAA pre-certification period rule under this title, more than 10 percent of an made by this subsection shall apply to pay- for purposes of determining award made under this title on such claim. ments received pursuant to contracts en- whether there is a 63-day lapse ‘‘(2) LIMITATION.— tered into on and after the date of the enact- in creditable coverage. ‘‘(A) IN GENERAL.—Except as provided in ment of this Act. Sec. 115. Continued qualification of family subparagraph (B), in the case of an indi- (b) PROHIBITION ON REIMBURSEMENT OF members after certain events. vidual who was charged a legal fee in connec- FEES.— Sec. 116. Extension of COBRA benefits for tion with the settlement of a civil action de- (1) IN GENERAL.—The head of each execu- certain TAA-eligible individ- scribed in section 405(c)(3)(C)(iii), the rep- tive agency shall take any and all measures uals and PBGC recipients. resentative of the individual may not charge necessary to ensure that no funds are dis- Sec. 117. Addition of coverage through vol- any amount for compensation for services bursed to any foreign contractor in order to untary employees’ beneficiary rendered in connection with a claim filed reimburse the tax imposed under section associations. under this title. 5000C of the Internal Revenue Code of 1986. Sec. 118. Notice requirements. ‘‘(B) EXCEPTION.—If the legal fee charged in (2) ANNUAL REVIEW.—The Administrator for TITLE II—ANDEAN TRADE connection with the settlement of a civil ac- Federal Procurement Policy shall annually PREFERENCES ACT tion described in section 405(c)(3)(C)(iii) of an review the contracting activities of each ex- Sec. 201. Extension of Andean Trade Pref- individual is less than 10 percent of the ag- ecutive agency to monitor compliance with erence Act. gregate amount of compensation awarded to the requirements of paragraph (1). TITLE III—OFFSETS such individual through such settlement, the (3) EXECUTIVE AGENCY.—For purposes of Sec. 301. Customs user fees. representative of such individual may charge this subsection, the term ‘‘executive agency’’ Sec. 302. Time for payment of corporate esti- an amount for compensation for services ren- has the meaning given the term in section 4 mated taxes. dered to the extent that such amount of the Office of Federal Procurement Policy TITLE IV—BUDGETARY EFFECTS charged is not more than— Act (41 U.S.C. 403). Sec. 401. Compliance with PAYGO. ‘‘(i) 10 percent of such aggregate amount (c) APPLICATION.—This section and the through the settlement, minus amendments made by this section shall be TITLE I—EXTENSION OF TRADE ADJUST- ‘‘(ii) the total amount of all legal fees applied in a manner consistent with United MENT ASSISTANCE AND HEALTH COV- charged for services rendered in connection States obligations under international ERAGE IMPROVEMENT with such settlement. agreements. Subtitle A—Extension of Trade Adjustment ‘‘(3) DISCRETION TO LOWER FEE.—In the SEC. 302. RENEWAL OF FEES FOR VISA-DEPEND- Assistance event that the special master finds that the ENT EMPLOYERS. SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- fee limit set by paragraph (1) or (2) provides Subsections (a), (b), and (c) of section 402 of SISTANCE. excessive compensation for services rendered Public Law 111-230 are amended by striking (a) IN GENERAL.—Section 1893(a) of the in connection with such claim, the Special ‘‘2014’’ each place that such appears and in- Trade and Globalization Adjustment Assist- Master may, in the discretion of the Special serting ‘‘2015’’. ance Act of 2009 (Public Law 111–5; 123 Stat.

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.145 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11052 CONGRESSIONAL RECORD — SENATE December 22, 2010 422) is amended by striking ‘‘January 1, 2011’’ ‘‘December 31, 2010’’ and inserting ‘‘February ‘‘Sec. 235. Employment and case manage- each place it appears and inserting ‘‘Febrary 12, 2011’’. ment services.’’. 13, 2011’’. (4) Section 255(a) of the Trade Act of 1974 (d) EFFECTIVE DATE.—The amendments (b) APPLICATION OF PRIOR LAW.—Section (19 U.S.C. 2345(a)) is amended— made by this section shall take effect on 1893(b) of the Trade and Globalization Ad- (A) in the first sentence to read as follows: January 1, 2011. justment Assistance Act of 2009 (Public Law ‘‘There are authorized to be appropriated to SEC. 102. MERIT STAFFING FOR STATE ADMINIS- 111–5; 123 Stat. 422 (19 U.S.C. 2271 note prec.)) the Secretary to carry out the provisions of TRATION OF TRADE ADJUSTMENT is amended to read as follows: this chapter $50,000,000 for fiscal year 2010 ASSISTANCE. ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters and $5,800,000 for the 6-week period beginning (a) IN GENERAL.—Notwithstanding section 2, 3, 4, 5, and 6 of title II of the Trade Act of January 1, 2011, and ending February 12, 618.890(b) of title 20, Code of Federal Regula- 1974 (19 U.S.C. 2271 et seq.) shall be applied 2011.’’; and tions, or any other provision of law, the sin- and administered beginning February 13, (B) in paragraph (1), by striking ‘‘Decem- gle transition deadline for implementing the 2011, as if the amendments made by this sub- ber 31, 2010’’ and inserting ‘‘February 12, merit-based State personnel staffing require- title (other than part VI) had never been en- 2011’’. ments contained in section 618.890(a) of title acted, except that in applying and admin- (5) Section 275(f) of the Trade Act of 1974 20, Code of Federal Regulations, shall not be istering such chapters— (19 U.S.C. 2371d(f)) is amended by striking earlier than February 12, 2011. ‘‘(1) section 245 of that Act shall be applied ‘‘2011’’ and inserting ‘‘and annually there- (b) EFFECTIVE DATE.—This section shall and administered by substituting ‘February after’’. take effect on December 14, 2010. 12, 2012’ for ‘December 31, 2007’; (6) Section 276(c)(2) of the Trade Act of 1974 Subtitle B—Health Coverage Improvement ‘‘(2) section 246(b)(1) of that Act shall be (19 U.S.C. 2371e(c)(2)) is amended to read as applied and administered by substituting follows: SEC. 111. IMPROVEMENT OF THE AFFORDABILITY ‘February 12, 2012’ for ‘the date that is 5 OF THE CREDIT. ‘‘(2) FUNDS TO BE USED.—Of the funds ap- (a) IN GENERAL.—Section 35(a) of the Inter- years’ and all that follows through ‘State’; propriated pursuant to section 277(c), the nal Revenue Code of 1986 is amended by ‘‘(3) section 256(b) of that Act shall be ap- Secretary may make available, to provide striking ‘‘January 1, 2011’’ and inserting plied and administered by substituting ‘the grants to eligible communities under para- ‘‘February 13, 2011’’. 1-year period beginning February 13, 2011, graph (1), not more than— (b) CONFORMING AMENDMENT.—Section and ending February 12. 2012,’ for ‘each of fis- ‘‘(A) $25,000,000 for fiscal year 2010; and 7527(b) of such Code is amended by striking cal years 2003 through 2007, and $4,000,000 for ‘‘(B) $2,900,000 for the 6-week period begin- ‘‘January 1, 2011’’ and inserting ‘‘February the 3-month period beginning on October 1, ning January 1, 2011, and ending February 12, 13, 2011’’. 2007,’; 2011.’’. (c) EFFECTIVE DATE.—The amendments ‘‘(4) section 298(a) of that Act shall be ap- (7) Section 277(c) of the Trade Act of 1974 made by this section shall apply to coverage plied and administered by substituting ‘the (19 U.S.C. 2371f(c)) is amended— months beginning after December 31, 2010. 1-year period beginning February 13, 2011, (A) by amending paragraph (1) to read as and ending February 12. 2012,’ for ‘each of the follows: SEC. 112. PAYMENT FOR THE MONTHLY PRE- fiscal years’ and all that follows through ‘Oc- MIUMS PAID PRIOR TO COMMENCE- ‘‘(1) IN GENERAL.—There are authorized to tober 1, 2007’; and MENT OF THE ADVANCE PAYMENTS be appropriated to the Secretary to carry OF CREDIT. ‘‘(5) subject to subsection (a)(2), section 285 out this subchapter— of that Act shall be applied and adminis- (a) IN GENERAL.—Section 7527(e) of the In- ‘‘(A) $150,000,000 for fiscal year 2010; and ternal Revenue Code of 1986 is amended by tered— ‘‘(B) $17,3000 for the 6-week period begin- ‘‘(A) in subsection (a), by substituting striking ‘‘January 1, 2011’’ and inserting ning January 1, 2011 and ending February 12, ‘‘February 13, 2011’’. ‘February 12, 2011’ for ‘December 31, 2007’ 2011.’’; and (b) EFFECTIVE DATE.—The amendment each place it appears; and (B) in paragraph (2)(A), by striking ‘‘De- ‘‘(B) by applying and administering sub- made by this section shall apply to coverage cember 31, 2010’’ and inserting ‘‘February 12, months beginning after December 31, 2010. section (b) as if it read as follows: 2011’’. ‘‘ ‘(b) OTHER ASSISTANCE.— (8) Section 278(e) of the Trade Act of 1974 SEC. 113. TAA RECIPIENTS NOT ENROLLED IN ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— TRAINING PROGRAMS ELIGIBLE FOR (19 U.S.C. 2372(e)) is amended by striking ‘‘ ‘(A) IN GENERAL.—Except as provided in CREDIT. ‘‘2011’’ and inserting ‘‘and annually there- subparagraph (B), assistance may not be pro- (a) IN GENERAL.—Section 35(c)(2)(B) of the after’’. vided under chapter 3 after February 12, 2012. Internal Revenue Code of 1986 is amended by (9) Section 279A(h)(2) of the Trade Act of ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- striking ‘‘January 1, 2011’’ and inserting 1974 (19 U.S.C. 2373(h)(2)) is amended by strik- paragraph (A), any assistance approved ‘‘February 13, 2011’’. ing ‘‘2011’’ and inserting ‘‘and annually under chapter 3 on or before February 12, (b) EFFECTIVE DATE.—The amendment thereafter’’. 2012, may be provided— made by this section shall apply to coverage (10) Section 279B(a) of the Trade Act of 1974 ‘‘ ‘(i) to the extent funds are available pur- months beginning after December 31, 2010. (19 U.S.C. 2373a(a)) is amended to read as fol- suant to such chapter for such purpose; and lows: SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE ‘‘ ‘(ii) to the extent the recipient of the as- FOR PURPOSES OF DETERMINING sistance is otherwise eligible to receive such ‘‘(a) IN GENERAL.— WHETHER THERE IS A 63-DAY LAPSE assistance. ‘‘(1) AUTHORIZATION.—There are authorized IN CREDITABLE COVERAGE. ‘‘ ‘(2) FARMERS.— to be appropriated to the Secretary of Labor (a) IRC AMENDMENT.—Section 9801(c)(2)(D) ‘‘ ‘(A) IN GENERAL.—Except as provided in to carry out the Sector Partnership Grant of the Internal Revenue Code of 1986 is subparagraph (B), assistance may not be pro- program under section 279A— amended by striking ‘‘January 1, 2011’’ and vided under chapter 6 after February 12, 2012. ‘‘(A) $40,000,000 for fiscal year 2010; and inserting ‘‘February 13, 2011’’. ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(B) $4,600,000 for the 6-week period begin- (b) ERISA AMENDMENT.—Section paragraph (A), any assistance approved ning January 1, 2011, and ending February 12, 701(c)(2)(C) of the Employee Retirement In- under chapter 6 on or before February 12, 2011. come Security Act of 1974 (29 U.S.C. 2012, may be provided— ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— 1181(c)(2)(C)) is amended by striking ‘‘Janu- ‘‘ ‘(i) to the extent funds are available pur- Funds appropriated pursuant to this section ary 1, 2011’’ and inserting ‘‘February 13, suant to such chapter for such purpose; and shall remain available until expended.’’. 2011’’. ‘‘ ‘(ii) to the extent the recipient of the as- (11) Section 285 of the Trade Act of 1974 (19 (c) PHSA AMENDMENT.—Section sistance is otherwise eligible to receive such U.S.C. 2271 note) is amended— 2701(c)(2)(C) of the Public Health Service Act assistance.’.’’. (A) by striking ‘‘December 31, 2010’’ each (as in effect for plan years beginning before (c) CONFORMING AMENDMENTS.— place it appears and inserting ‘‘February 12, January 1, 2014) is amended by striking (1) Section 236(a)(2)(A) of the Trade Act of 2011’’; and ‘‘January 1, 2011’’ and inserting ‘‘February 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to (B) in subsection (a)(2)(A), by inserting 13, 2011’’. read as follows: ‘‘pursuant to petitions filed under section 221 (d) EFFECTIVE DATE.—The amendments ‘‘(2)(A) The total amount of payments that before February 12, 2011’’ after ‘‘title’’. made by this section shall apply to plan may be made under paragraph (1) shall not (12) Section 298(a) of the Trade Act of 1974 years beginning after December 31, 2010. exceed— (19 U.S.C. 2401g(a)) is amended by striking SEC. 115. CONTINUED QUALIFICATION OF FAM- ‘‘(i) $575,000,000 for fiscal year 2010; and ‘‘$90,000,000 for each of the fiscal years 2009 ILY MEMBERS AFTER CERTAIN ‘‘(ii) $66,500,000 for the 6-week period begin- and 2010, and $22,500,000 for the period begin- EVENTS. ning January 1, 2011, and ending February 12, ning October 1, 2010, and ending December 31, (a) IN GENERAL.—Section 35(g)(9) of the In- 2011.’’. 2010’’ and inserting ‘‘$10,400,000 for the 6-week ternal Revenue Code of 1986, as added by sec- (2) Section 245(a) of the Trade Act of 1974 period beginning January 1, 2011, and ending tion 1899E(a) of the American Recovery and (19 U.S.C. 2317(a)) is amended by striking February 12, 2011’’. Reinvestment Tax Act of 2009 (relating to ‘‘December 31, 2010’’ and inserting ‘‘February (13) The table of contents for the Trade Act continued qualification of family members 12, 2011’’. of 1974 is amended by striking the item relat- after certain events), is amended by striking (3) Section 246(b)(1) of the Trade Act of 1974 ing to section 235 and inserting the fol- ‘‘January 1, 2011’’ and inserting ‘‘February (19 U.S.C. 2318(b)(1)) is amended by striking lowing: 13, 2011’’.

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.126 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11053 (b) CONFORMING AMENDMENT.—Section TITLE III—OFFSETS The assistant legislative clerk read 173(f)(8) of the Workforce Investment Act of SEC. 301. CUSTOMS USER FEES. as follows: 1998 (29 U.S.C. 2918(f)(8)) is amended by strik- Section 13031(j)(3) of the Consolidated Om- A concurrent resolution (S. Con. Res. 78) ing ‘‘January 1, 2011’’ and inserting ‘‘Feb- nibus Budget Reconciliation Act of 1985 (19 honoring the work and mission of the Delta ruary 13, 2011’’. U.S.C. 58c(j)(3)) is amended— Regional Authority on the occasion of the (c) EFFECTIVE DATE.—The amendments (1) in subparagraph (A), by striking ‘‘Sep- 10th anniversary of the Federal-State part- made by this section shall apply to months tember 30, 2019’’ and inserting ‘‘January 7, nership created to uplift the 8-State Delta beginning after December 31, 2010. 2020’’; and region. SEC. 116. EXTENSION OF COBRA BENEFITS FOR (2) in subparagraph (B)(i), by striking There being no objection, the Senate CERTAIN TAA-ELIGIBLE INDIVID- ‘‘September 30, 2019’’ and inserting ‘‘January proceeded to consider the concurrent UALS AND PBGC RECIPIENTS. 14, 2020’’. resolution. (a) ERISA AMENDMENTS.— SEC. 302. TIME FOR PAYMENT OF CORPORATE ES- Mr. BAYH. Madam President, I ask (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) TIMATED TAXES. of the Employee Retirement Income Secu- unanimous consent that the concur- The percentage under paragraph (2) of sec- rent resolution be agreed to, the pre- rity Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is tion 561 of the Hiring Incentives to Restore amended by striking ‘‘December 31, 2010’’ and Employment Act in effect on the date of the amble be agreed to, and the motion to inserting ‘‘February 12, 2011’’. enactment of this Act is increased by 4.5 per- reconsider be laid upon the table. (2) TAA-ELIGIBLE INDIVIDUALS.—Section centage points. The PRESIDING OFFICER. Without 602(2)(A)(vi) of such Act (29 U.S.C. objection, it is so ordered. TITLE IV—BUDGETARY EFFECTS 1162(2)(A)(vi)) is amended by striking ‘‘De- The concurrent resolution (S. Con. cember 31, 2010’’ and inserting ‘‘February 12, SEC. 401. COMPLIANCE WITH PAYGO. Res. 78) was agreed to. 2011’’. The budgetary effects of this Act, for the The preamble was agreed to. (b) IRC AMENDMENTS.— purpose of complying with the Statutory The resolution, with its preamble, (1) PBGC RECIPIENTS.—Section Pay-As-You-Go Act of 2010, shall be deter- reads as follows: mined by reference to the latest statement 4980B(f)(2)(B)(i)(V) of the Internal Revenue S. CON. RES. 78 Code of 1986 is amended by striking ‘‘Decem- titled ‘‘Budgetary Effects of PAYGO Legisla- ber 31, 2010’’ and inserting ‘‘February 12, tion’’ for this Act, submitted for printing in Whereas President Clinton, with the ap- 2011’’. the Congressional Record by the Chairman of proval of Congress and the bipartisan support of congressional sponsors, representing (2) TAA-ELIGIBLE INDIVIDUALS.—Section the Senate Budget Committee, provided that the States of the Delta in both the House of 4980B(f)(2)(B)(i)(VI) of such Code is amended such statement has been submitted prior to Representatives and the Senate, launched by striking ‘‘December 31, 2010’’ and insert- the vote on passage. the Delta Regional Authority on December ing ‘‘February 12, 2011’’. f 21, 2000, in an effort to alleviate the eco- (c) PHSA AMENDMENTS.—Section ARTS IN EDUCATION WEEK nomic hardship facing the Delta region and 2202(2)(A)(iv) of the Public Health Service to create a more level playing field for the Act (42 U.S.C. 300bb–2(2)(A)(iv)) is amended Mr. BAYH. Madam President, I ask counties and parishes of such States to com- by striking ‘‘December 31, 2010’’ and insert- unanimous consent that the Health, pete for jobs and investment; ing ‘‘February 12, 2011’’. Education, Labor and Pensions Com- Whereas the Delta Regional Authority is a (d) EFFECTIVE DATE.—The amendments mittee be discharged from further con- Federal-State partnership that serves 252 made by this section shall apply to periods of sideration of H. Con. Res. 275, and the counties and parishes in parts of Alabama, coverage which would (without regard to the Senate proceed to its immediate con- Arkansas, Illinois, Kentucky, Louisiana, amendments made by this section) end on or Mississippi, Missouri, and Tennessee; after December 31, 2010. sideration. Whereas the Delta region holds great SEC. 117. ADDITION OF COVERAGE THROUGH The PRESIDING OFFICER (Ms. promise for access and trade, as the region VOLUNTARY EMPLOYEES’ BENE- CANTWELL). Without objection, it is so borders the world’s greatest transportation FICIARY ASSOCIATIONS. ordered. arterial in the Mississippi River; (a) IN GENERAL.—Section 35(e)(1)(K) of the The clerk will report the concurrent Whereas the Delta boasts a strong cultural Internal Revenue Code of 1986 is amended by resolution by title. heritage as the birthplace of the blues and striking ‘‘January 1, 2011’’ and inserting The assistant legislative clerk read jazz music and as home to world famous cui- ‘‘February 13, 2012’’. as follows: sine, which people throughout the United (b) EFFECTIVE DATE.—The amendment States and the world identify with the re- made by this section shall apply to coverage A concurrent resolution (H. Con. Res. 275) gion; months beginning after December 31, 2010. expressing support for designation of the Whereas the counties and parishes served week beginning on the second Sunday of Sep- by the Delta Regional Authority constitute SEC. 118. NOTICE REQUIREMENTS. tember as Arts in Education Week. an economically-distressed area facing chal- (a) IN GENERAL.—Section 7527(d)(2) of the There being no objection, the Senate lenges such as undeveloped infrastructure Internal Revenue Code of 1986 is amended by systems, insufficient transportation options, striking ‘‘January 1, 2011’’ and inserting proceeded to consider the concurrent resolution. struggling education systems, migration out ‘‘February 13, 2011’’. of the region, substandard health care, and (b) EFFECTIVE DATE.—The amendment Mr. BAYH. I ask unanimous consent the needs to develop, recruit, and retain a made by this section shall apply to certifi- that the concurrent resolution be qualified workforce and to build strong com- cates issued after December 31, 2010. agreed to, the preamble be agreed to, munities that attract new industries and em- TITLE II—ANDEAN TRADE PREFERENCES the motions to reconsider be laid upon ployment opportunities; ACT the table with no intervening action or Whereas the Delta Regional Authority has debate, and any statements related to made significant progress toward addressing SEC. 201. EXTENSION OF ANDEAN TRADE PREF- such challenges during its first 10 years of ERENCE ACT. the measure be printed in the RECORD. work; (a) EXTENSION.—Section 208(a)(1) of the An- The PRESIDING OFFICER. Without Whereas the Delta Regional Authority op- dean Trade Preference Act (19 U.S.C. objection, it is so ordered. erates a highly successful grant program in 3206(a)(1)) is amended to read as follows: The concurrent resolution (H. Con. each of the 8 States it serves, allowing cities, ‘‘(1) remain in effect— Res. 275) was agreed to. counties, and parishes to leverage money ‘‘(A) with respect to Colombia after Feb- The preamble was agreed to. from other Federal agencies and private in- ruary 12, 2011; and vestors; ‘‘(B) with respect to Peru after December f Whereas the Delta Regional Authority has 31, 2010;’’. HONORING THE WORK AND MIS- invested nearly $86,200,000 into more than 600 (b) ECUADOR.—Section 208(a)(2) of the An- SION OF THE DELTA REGIONAL projects during the first decade of existence, dean Trade Preference Act (19 U.S.C. AUTHORITY leveraging $1,400,000,000 in private sector in- 3206(a)(2)) is amended by striking ‘‘December vestment and producing an overall 22 to 1 re- 31, 2010’’ and inserting ‘‘February 12, 2011’’. Mr. BAYH. I ask unanimous consent turn on taxpayer dollars; (c) TREATMENT OF CERTAIN APPAREL ARTI- that the Environment and Public Whereas the Delta Regional Authority is CLES.—Section 204(b)(3)(E)(ii)(II) of the Ande- Works Committee be discharged from working with partners to create or retain ap- an Trade Preference Act (19 U.S.C. 3203(b)(3)) further consideration and the Senate proximately 19,000 jobs and is bringing the is amended (ii)(II), by striking ‘‘December 31, now proceed to S. Con. Res. 78. critical infrastructure to sustain new water 2010’’ and inserting ‘‘February 12, 2011’’. and sewer services for more than 43,000 fami- (d) ANNUAL REPORT.—Section 203(f)(1) of The PRESIDING OFFICER. Without lies; the Andean Trade Preference Act (19 U.S.C. objection, it is so ordered. Whereas an independent report from the 3202(f)(1)) is amended by striking ‘‘every 2 The clerk will report the concurrent Department of Agriculture’s Economic Re- years’’ and inserting ‘‘annually’’. resolution by title. search Service found that per capita income

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.126 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11054 CONGRESSIONAL RECORD — SENATE December 22, 2010 grew more rapidly in counties and parishes øWhereas the United States Government undermines the ability of the United States where the Delta Regional Authority had the has undertaken many initiatives to ensure Government to help prevent genocide or greatest investment, showing that each addi- that victims of genocide and mass atrocities mass killings and offered recommendations tional dollar of Delta Regional Authority’s are not forgotten, and as a leader in the for creating a government wide strategy; per capita spending results in a $15 increase international community, the United States øWhereas the former Director of National in personal income; has committed to work with international Intelligence, in his annual threat assessment Whereas the Delta Regional Authority has partners to prevent genocide and mass atroc- to Congress in February 2010, highlighted developed a culture of transparency, passing ities and to help protect civilian populations countries at risk of genocide and mass atroc- 9 independent audits showing tangible re- at risk of such; ities and stated, ‘‘Within the past 3 years, sults; øWhereas the United Nations General As- the Democratic Republic of Congo and Sudan Whereas during its first 10 years, the Delta sembly adopted the Convention on the Pre- all suffered mass killing episodes through vi- Regional Authority has laid a strong founda- vention and Punishment of the Crime of olence starvation, or death in prison camps. tion for working with State Governors, Fed- Genocide in 1948, which declares genocide, . . . Looking ahead over the next 5 years, a eral partners, community leaders, and pri- whether committed in a time of peace or in number of countries in Africa and Asia are vate sector investors to capitalize on the re- a time of war, a crime under international at significant risk for a new outbreak of gion’s strong points and serve as an eco- law, and declares that the parties to the Con- mass killing.’’; nomic multiplier for the 8–State region, vention will undertake to prevent and to øWhereas the Quadrennial Defense Review, helping communities tackle challenges and punish that crime; released in February 2010, states that the De- cultivating a climate conducive to job cre- øWhereas the United States was the first fense Department should be prepared to pro- ation; nation to sign the Convention on the Preven- vide the President with options for ‘‘pre- Whereas the Delta Regional Authority has tion and Punishment of the Crime of Geno- venting human suffering due to mass atroc- expanded its regional initiatives in the areas cide, and the Senate voted to ratify the Con- ities or large-scale natural disasters of health care, transportation, leadership vention on the Prevention and Punishment abroad’’; training, and information technology, and is of the Crime of Genocide on February 11, øWhereas the 2010 National Security Strat- also increasing efforts in the areas of small 1986; egy notes, ‘‘The United States is committed ø business development, entrepreneurship, and Whereas the Act entitled, ‘‘An Act to es- to working with our allies, and to strength- alternative energy jobs; and tablish the United States Holocaust Memo- ening our own internal capabilities, in order Whereas the Delta Regional Authority rial Council’’, approved October 7, 1980 (Pub- to ensure that the United States and the stands prepared to use the groundwork es- lic Law 96–388), established the United States international community are proactively en- tablished during its first decade as a spring- Holocaust Memorial Council to commemo- gaged in a strategic effort to prevent mass board to create new opportunities for Delta rate the Holocaust, establish a memorial atrocities and genocide. In the event that communities in the future: Now, therefore, museum to the victims, and develop a com- prevention fails, the United States will work be it mittee to stimulate worldwide action to pre- both multilaterally and bilaterally to mobi- Resolved by the Senate (the House of Rep- vent or stop future genocides; lize diplomatic, humanitarian, financial, ø resentatives concurring), That the Congress— Whereas the passage of the Genocide Con- and—in certain instances—military means to vention Implementation Act of 1987 (Public (1) recognizes the 10th anniversary of the prevent and respond to genocide and mass Law 100–606), also known as the Proxmire founding of the Delta Regional Authority; atrocities.’’; Act, made genocide a crime under United and øWhereas genocide and mass atrocities States law; (2) honors and celebrates the Delta Re- often result from and contribute to insta- øWhereas, in response to lessons learned gional Authority’s first decade of work to bility and conflict, which can cross borders from Rwanda and Bosnia, President William improve the economy and well-being of the and exacerbate threats to international secu- J. Clinton established a genocide and mass 8–State Delta region, and the promise of the rity and the national security of the United atrocities early warning system by estab- Delta Regional Authority’s continued work States; lishing an Atrocities Prevention Interagency in the future. øWhereas the failure to prevent genocide Working Group, chaired by an Ambassador- f at-Large for War Crimes Issues from 1998 to and mass atrocities can lead to significant costs resulting from regional instability, ref- RECOGNIZING THE UNITED 2000; ø ugee flows, peacekeeping, economic loss, and STATES NATIONAL INTEREST IN Whereas, in 2005, the United States and all other members of the United Nations agreed the challenges of post-conflict reconstruc- HELPING TO PREVENT MASS that the international community has ‘‘a re- tion and reconciliation; and ø ATROCITIES sponsibility to use appropriate diplomatic, Whereas United States leadership and ac- humanitarian and other peaceful means, in tions toward preventing and mitigating fu- Mr. BAYH. Madam President, I ask ture genocides and mass atrocities can save unanimous consent that the Senate accordance with Chapter VI and VIII of the United Nations Charter, to help protect pop- human lives and help foster beneficial global proceed to the immediate consider- ¿ ulations from genocide, war crimes, ethnic partnerships: Now, therefore, be it ation of Calendar No. 722, S. Con. Res. cleansing and crimes against humanity,’’ Whereas, in the aftermath of the Holocaust, 71. and to take direct action if national authori- the international community vowed ‘‘never The PRESIDING OFFICER. The ties are unwilling or unable to protect their again’’ to allow systematic killings on the basis clerk will report the resolution by populations; of nationality, ethnicity, race, or religion; title. øWhereas the 2006 National Security Strat- Whereas a number of other genocides and The assistant legislative clerk read egy of the United States stated, ‘‘The world mass atrocities have occurred, both prior to and as follows: needs to start honoring a principle that since that time; many believe has lost its force in parts of the A concurrent resolution (S. Con. Res. 71) Whereas the United States Government has international community in recent years: recognizing the United States national inter- undertaken many initiatives to ensure that vic- genocide must not be tolerated. It is a moral est in helping to prevent and mitigate acts of tims of genocide and mass atrocities are not for- imperative that states take action to pre- genocide and other mass atrocities against gotten, and as a leader in the international vent and punish genocide. . . . We must re- civilians, and supporting and encouraging ef- community, the United States has committed to fine United States Government efforts—eco- forts to develop a whole of government ap- work with international partners to help to pre- nomic, diplomatic, and law-enforcement—so proach to prevent and mitigate such acts. vent genocide and mass atrocities and to help that they target those individuals respon- protect civilian populations at risk of such; There being no objection, the Senate sible for genocide and not the innocent citi- proceeded to consider the concurrent zens they rule.’’; Whereas the United Nations General Assembly resolution with an amendment and an øWhereas the United States Holocaust Me- adopted the Convention on the Prevention and amendment to the preamble, as fol- morial Museum, the American Academy of Punishment of the Crime of Genocide in 1948, which declares genocide, whether committed in lows: Diplomacy, and the United States Institute of Peace convened a Genocide Prevention a time of peace or in a time of war, a crime [Strike the parts shown in boldface under international law, and declares that the brackets and insert the parts printed in Task Force, co-chaired by former Secretary of State Madeleine Albright and former Sec- parties to the Convention will undertake to pre- italic.] retary of Defense William Cohen, to explore vent and to punish that crime; S. CON. RES. 71 how the United States Government could Whereas the United States was the first na- øWhereas, in the aftermath of the Holo- better respond to threats of genocide and tion to sign the Convention on the Prevention caust, the international community vowed mass atrocities; and Punishment of the Crime of Genocide, and ‘‘never again’’ to allow systematic killings øWhereas the final report of the Genocide the Senate voted to ratify the Convention on the on the basis of nationality, ethnicity, race, Prevention Task Force, released in Decem- Prevention and Punishment of the Crime of or religion; ber 2008, concluded that the lack of an over- Genocide on February 11, 1986; øWhereas a number of other genocides and arching policy framework or a standing Whereas the Act entitled, ‘‘An Act to establish mass atrocities have occurred, both prior to interagency process, as well as insufficient the United States Holocaust Memorial Council’’, and since that time; and uncoordinated institutional capacities, approved October 7, 1980 (Public Law 96–388),

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\CR\FM\A22DE6.095 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11055 established the United States Holocaust Memo- own internal capabilities, in order to ensure financial tools could be used against state rial Council to commemorate the Holocaust, es- that the United States and the international and commercial actors found to be directly tablish a memorial museum to the victims, and community are proactively engaged in a stra- supporting or enabling genocides and mass develop a committee to stimulate worldwide ac- tegic effort to prevent mass atrocities and geno- atrocities; tion to prevent or stop future genocides; cide. In the event that prevention fails, the ø(7) recognizes the importance of flexible Whereas the passage of the Genocide Conven- United States will work both multilaterally and contingency crisis funding to enable United tion Implementation Act of 1987 (Public Law bilaterally to mobilize diplomatic, humanitarian, States civilian agencies to respond quickly 100–606), also known as the Proxmire Act, made financial, and—in certain instances—military to help prevent and mitigate crises that genocide a crime under United States law; means to prevent and respond to genocide and could lead to significant armed conflict, Whereas, in response to lessons learned from mass atrocities.’’; genocide, and other mass atrocities; Rwanda and Bosnia, President William J. Clin- Whereas genocide and mass atrocities often ø(8) urges the Secretary of Defense to con- ton established a genocide and mass atrocities result from and contribute to instability and duct an analysis of the doctrine, organiza- early warning system by establishing an Atroc- conflict, which can cross borders and exacerbate tion, training, material, leadership, per- ities Prevention Interagency Working Group, threats to international security and the na- sonnel, and facilities required to prevent and chaired by an Ambassador-at-Large for War tional security of the United States; respond to genocide and mass atrocities; Crimes Issues from 1998 to 2000; Whereas the failure to prevent genocide and ø(9) encourages the Secretary of State and Whereas, in 2005, the United States and all mass atrocities can lead to significant costs re- Secretary of Defense to work with the rel- other members of the United Nations agreed that sulting from regional instability, refugee flows, evant congressional committees to ensure the international community has ‘‘a responsi- peacekeeping, economic loss, and the challenges that a priority goal of all United States se- bility to use appropriate diplomatic, humani- of post-conflict reconstruction and reconcili- curity assistance and training is to support tarian and other peaceful means, in accordance ation; and legitimate, accountable security forces com- Whereas United States leadership and actions with Chapter VI and VIII of the United Nations mitted to upholding the sovereign responsi- toward preventing and mitigating future geno- Charter, to help protect populations from geno- bility to protect civilian populations from cides and mass atrocities can save human lives cide, war crimes, ethnic cleansing and crimes violence, especially genocide and other mass against humanity’’; and help foster beneficial global partnerships: Now, therefore, be it atrocities; Whereas the United States and all other mem- ø(10) supports efforts by the United States bers of the United Nations further pledged that Resolved by the Senate (the House of Rep- ø Government to provide logistical, commu- they were ‘‘prepared to take collective action, in resentatives concurring), That the Senate— ø nications, and intelligence support, as appro- a timely and decisive manner, through the Secu- (1) recommits to honor the memory of the victims of the Holocaust as well as the vic- priate, to assist multilateral diplomatic ef- rity Council, in accordance with the [UN] Char- forts and peace operations in preventing ter, including Chapter VII, on a case-by-case tims of all past genocides and mass atrocities; mass atrocities and protecting civilians; basis and in cooperation with relevant regional ø(2) affirms that it is in the national inter- ø(11) calls on other members of the inter- organizations as appropriate, should peaceful est and aligned with the values of the United national community to increase their sup- means be inadequate and national authorities States to work vigorously with international port for multilateral diplomatic efforts and are manifestly failing to protect their popu- partners to prevent and mitigate future peace operations to more effectively prevent lations from genocide, war crimes, ethnic cleans- genocides and mass atrocities; mass atrocities and protect civilians; ing and crimes against humanity’’; ø ø(12) encourages the Secretary of State to Whereas the 2006 National Security Strategy (3) supports efforts made thus far by the President, the Secretary of State, the Ad- work closely with regional and international of the United States stated, ‘‘The world needs to organizations, the United Nations Special start honoring a principle that many believe has ministrator of the United States Agency for International Development, the Secretary of Adviser for the Prevention of Genocide, and lost its force in parts of the international com- civil society experts to develop and expand munity in recent years: genocide must not be Defense, and the Director of National Intel- ligence to improve the capacity of the multilateral mechanisms for early warning, tolerated. It is a moral imperative that states information sharing, and rapid response di- take action to prevent and punish genocide. . .. United States Government to anticipate, prevent, and address genocide and mass plomacy for the prevention of genocide and We must refine United States Government ef- other mass atrocities; and forts—economic, diplomatic, and law-enforce- atrocities, including the establishment of an interagency policy committee and a Na- ø(13) commits to calling attention to areas ment—so that they target those individuals re- at risk of genocide and other mass atrocities sponsible for genocide and not the innocent citi- tional Security Council position dedicated to the prevention of genocide and other mass and ensuring that the United States Govern- zens they rule.’’; ment has the tools and resources to enable Whereas the United States Holocaust Memo- atrocities; its efforts to prevent genocide and mass rial Museum, the American Academy of Diplo- ø(4) urges the President— atrocities.¿ macy, and the United States Institute of Peace ø(A) to direct relevant departments and convened a Genocide Prevention Task Force, co- agencies of the United States Government to That the Senate— chaired by former Secretary of State Madeleine review and evaluate existing capacities for (1) recommits to honor the memory of the vic- Albright and former Secretary of Defense Wil- anticipating, preventing, and responding to tims of the Holocaust as well as the victims of liam Cohen, to explore how the United States genocide and other mass atrocities, and to all past genocides and mass atrocities; Government could better respond to threats of determine specific steps to coordinate and (2) affirms that it is in the national interest genocide and mass atrocities; enhance those capacities; and and aligned with the values of the United States Whereas the final report of the Genocide Pre- ø(B) to develop and communicate a whole to work vigorously with international partners vention Task Force, released in December 2008, of government approach and policy to antici- to prevent and mitigate future genocides and concluded that the lack of an overarching pol- pate, prevent, and mitigate acts of genocide mass atrocities; icy framework or a standing interagency proc- and other mass atrocities; (3) supports the establishment of an inter- ess, as well as insufficient and uncoordinated ø(5) urges the Secretary of State, working agency policy committee and a National Secu- institutional capacities, undermines the ability closely with the Administrator of the United rity Council position dedicated to the prevention of the United States Government to help prevent States Agency for International Develop- of genocide and other mass atrocities; genocide or mass killings and offered rec- ment— (4) urges the President— ommendations for creating a government wide ø(A) to ensure that all relevant officers of (A) to direct relevant departments and agen- strategy; the Foreign Service and particularly those cies of the United States Government to review Whereas, in February 2010, the former Direc- deploying to areas undergoing significant and evaluate existing capacities for antici- tor of National Intelligence, in his annual conflict or considered to be at risk of signifi- pating, preventing, and responding to genocide threat assessment to Congress, highlighted cant conflict, genocide, and other mass and other mass atrocities, and to determine spe- countries at risk of genocide and mass atrocities atrocities receive appropriate advanced cific steps to coordinate and enhance those ca- and stated, ‘‘Within the past 3 years, the Demo- training in early warning and conflict pre- pacities; and cratic Republic of Congo and Sudan all suffered vention, mitigation, and resolution; (B) to develop and communicate a whole of mass killing episodes through violence starva- ø(B) to determine appropriate leadership, government approach and policy to anticipate, tion, or death in prison camps. . .. Looking structure, programs, and mechanisms within prevent, and mitigate acts of genocide and other ahead over the next 5 years, a number of coun- the Department of State and the United mass atrocities; tries in Africa and Asia are at significant risk States Agency for International Develop- (5) urges the Secretary of State, working close- for a new outbreak of mass killing.’’; ment that can enhance efforts to prevent ly with the Administrator of the United States Whereas the Quadrennial Defense Review, re- genocide and other mass atrocities; and Agency for International Development— leased in February 2010, states that the Defense ø(C) to include relevant recommendations (A) to ensure that all relevant officers of the Department should be prepared to provide the for enhancing civilian capacities to help pre- Foreign Service and particularly those deploy- President with options for ‘‘preventing human vent and mitigate genocide and mass atroc- ing to areas undergoing significant conflict or suffering due to mass atrocities or large-scale ities in the upcoming Quadrennial Diplo- considered to be at risk of significant conflict, natural disasters abroad’’; macy and Development Review; genocide, and other mass atrocities receive ap- Whereas the 2010 National Security Strategy ø(6) urges the Secretary of the Treasury, propriate advanced training in early warning notes, ‘‘The United States is committed to work- working in consultation with the Secretary and conflict prevention, mitigation, and resolu- ing with our allies, and to strengthening our of State, to review how sanctions and other tion;

VerDate Mar 15 2010 07:12 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 6333 E:\CR\FM\A22DE6.097 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11056 CONGRESSIONAL RECORD — SENATE December 22, 2010 (B) to determine appropriate leadership, struc- The concurrent resolution, as amend- imperative that states take action to pre- ture, programs, and mechanisms within the De- ed, with its preamble, as amended, vent and punish genocide. . . . We must re- partment of State and the United States Agency reads as follows: fine United States Government efforts—eco- for International Development that can enhance nomic, diplomatic, and law-enforcement—so S. CON. RES. 71 efforts to help to prevent genocide and other that they target those individuals respon- mass atrocities; and Whereas in the aftermath of the Holocaust, sible for genocide and not the innocent citi- (C) to ensure recommendations for enhancing the international community vowed ‘‘never zens they rule.’’; civilian capacities to help prevent and mitigate again’’ to allow systematic killings on the Whereas the United States Holocaust Me- genocide and mass atrocities in the upcoming basis of nationality, ethnicity, race, or reli- morial Museum, the American Academy of Quadrennial Diplomacy and Development Re- gion; Diplomacy, and the United States Institute view; Whereas a number of other genocides and of Peace convened a Genocide Prevention (6) urges the Secretary of the Treasury, work- mass atrocities have occurred, both prior to Task Force, co-chaired by former Secretary ing in consultation with the Secretary of State, and since that time; of State Madeleine Albright and former Sec- to review how sanctions and other financial Whereas the United States Government retary of Defense William Cohen, to explore tools could be used against individuals and enti- has undertaken many initiatives to ensure how the United States Government could that victims of genocide and mass atrocities ties found to be directly supporting or enabling better respond to threats of genocide and are not forgotten, and as a leader in the genocides and mass atrocities; mass atrocities; international community, the United States (7) recognizes the importance of flexible con- Whereas the final report of the Genocide has committed to work with international tingency crisis funding to enable United States Prevention Task Force, released in Decem- partners to help to prevent genocide and civilian agencies to respond quickly to help pre- ber 2008, concluded that the lack of an over- mass atrocities and to help protect civilian vent and mitigate crises that could lead to sig- arching policy framework or a standing populations at risk of such; nificant armed conflict, genocide, and other interagency process, as well as insufficient Whereas the United Nations General As- mass atrocities; and uncoordinated institutional capacities, sembly adopted the Convention on the Pre- undermines the ability of the United States (8) urges the Secretary of Defense to conduct vention and Punishment of the Crime of an analysis of the doctrine, organization, train- Government to help prevent genocide or Genocide in 1948, which declares genocide, mass killings and offered recommendations ing, material, leadership, personnel, and facili- whether committed in a time of peace or in ties required to help prevent and respond to for creating a government wide strategy; a time of war, a crime under international Whereas, in February 2010, the former Di- genocide and mass atrocities; law, and declares that the parties to the Con- (9) encourages the Secretary of State and Sec- rector of National Intelligence, in his annual vention will undertake to prevent and to threat assessment to Congress, highlighted retary of Defense to work with the relevant con- punish that crime; gressional committees to promote the effective countries at risk of genocide and mass atroc- Whereas the United States was the first ities and stated, ‘‘Within the past 3 years, use of United States security assistance and nation to sign the Convention on the Preven- the Democratic Republic of Congo and Sudan training is to support legitimate, accountable se- tion and Punishment of the Crime of Geno- all suffered mass killing episodes through vi- curity forces committed to upholding the sov- cide, and the Senate voted to ratify the Con- olence starvation, or death in prison camps. ereign responsibility to protect civilian popu- vention on the Prevention and Punishment . . . Looking ahead over the next 5 years, a lations from violence, especially genocide and of the Crime of Genocide on February 11, number of countries in Africa and Asia are other mass atrocities; 1986; at significant risk for a new outbreak of (10) supports efforts by the United States Gov- Whereas the Act entitled, ‘‘An Act to es- mass killing.’’; ernment to provide logistical, communications, tablish the United States Holocaust Memo- Whereas the Quadrennial Defense Review, and intelligence support, as appropriate, to as- rial Council’’, approved October 7, 1980 (Pub- released in February 2010, states that the De- sist multilateral diplomatic efforts and peace op- lic Law 96–388), established the United States fense Department should be prepared to pro- erations in preventing mass atrocities and pro- Holocaust Memorial Council to commemo- vide the President with options for ‘‘pre- tecting civilians; rate the Holocaust, establish a memorial venting human suffering due to mass atroc- (11) calls on other members of the inter- museum to the victims, and develop a com- ities or large-scale natural disasters national community to increase their support mittee to stimulate worldwide action to pre- abroad’’; for multilateral diplomatic efforts and peace op- vent or stop future genocides; Whereas the 2010 National Security Strat- erations to more effectively prevent mass atroc- Whereas the passage of the Genocide Con- egy notes, ‘‘The United States is committed ities and protect civilians; vention Implementation Act of 1987 (Public to working with our allies, and to strength- (12) encourages the Secretary of State to work Law 100–606), also known as the Proxmire ening our own internal capabilities, in order closely with regional and international organi- Act, made genocide a crime under United to ensure that the United States and the zations, the United Nations Special Adviser for States law; international community are proactively en- the Prevention of Genocide, and civil society ex- Whereas in response to lessons learned gaged in a strategic effort to prevent mass perts to develop and expand multilateral mecha- from Rwanda and Bosnia, President William atrocities and genocide. In the event that nisms for early warning, information sharing, J. Clinton established a genocide and mass prevention fails, the United States will work and rapid response diplomacy for the prevention atrocities early warning system by estab- both multilaterally and bilaterally to mobi- of genocide and other mass atrocities; and lishing an Atrocities Prevention Interagency lize diplomatic, humanitarian, financial, (13) commits to calling attention to areas at Working Group, chaired by an Ambassador- and—in certain instances—military means to risk of genocide and other mass atrocities and at-Large for War Crimes Issues from 1998 to prevent and respond to genocide and mass ensuring that the United States Government has 2000; atrocities.’’; the tools and resources to enable its efforts to Whereas, in 2005, the United States and all Whereas genocide and mass atrocities help prevent genocide and mass atrocities. other members of the United Nations agreed often result from and contribute to insta- Mr. BAYH. Mr. President, I ask unan- that the international community has ‘‘a re- bility and conflict, which can cross borders imous consent that the committee-responsibility to use appropriate diplomatic, and exacerbate threats to international secu- ported substitute to the concurrent humanitarian and other peaceful means, in rity and the national security of the United accordance with Chapter VI and VIII of the resolution be agreed, the concurrent States; United Nations Charter, to help protect pop- Whereas the failure to prevent genocide resolution, as amended, be agreed to, ulations from genocide, war crimes, ethnic and mass atrocities can lead to significant the committee-reported amendment to cleansing and crimes against humanity’’; costs resulting from regional instability, ref- the preamble be agreed to, the pre- Whereas the United States and all other ugee flows, peacekeeping, economic loss, and amble, as amended, be agreed to, the members of the United Nations further the challenges of post-conflict reconstruc- motions to reconsider be laid upon the pledged that they were ‘‘prepared to take tion and reconciliation; and table, with no intervening action or de- collective action, in a timely and decisive Whereas United States leadership and ac- bate, and that any statements related manner, through the Security Council, in actions toward preventing and mitigating fu- cordance with the [UN] Charter, including to the measure be printed in the ture genocides and mass atrocities can save Chapter VII, on a case-by-case basis and in human lives and help foster beneficial global RECORD. cooperation with relevant regional organiza- partnerships: Now, therefore, be it The PRESIDING OFFICER. Without tions as appropriate, should peaceful means Resolved by the Senate (the House of Rep- objection, it is so ordered. be inadequate and national authorities are resentatives concurring), That the Senate— The committee amendment in the manifestly failing to protect their popu- (1) recommits to honor the memory of the nature of a substitute was agreed to. lations from genocide, war crimes, ethnic victims of the Holocaust as well as the vic- The concurrent resolution (S. Con. cleansing and crimes against humanity’’; tims of all past genocides and mass atroc- Res. 71), as amended, was agreed to. Whereas the 2006 National Security Strat- ities; egy of the United States stated, ‘‘The world (2) affirms that it is in the national inter- The committee amendment to the needs to start honoring a principle that est and aligned with the values of the United preamble was agreed to. many believe has lost its force in parts of the States to work vigorously with international The preamble, as amended, was international community in recent years: partners to prevent and mitigate future agreed to. genocide must not be tolerated. It is a moral genocides and mass atrocities;

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.097 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11057 (3) supports the establishment of an inter- plomacy for the prevention of genocide and Whereas an estimated 12,000,000 adults in agency policy committee and a National Se- other mass atrocities; and the United States, are diagnosed with COPD, curity Council position dedicated to the pre- (13) commits to calling attention to areas and another 12,000,000 have the disease but vention of genocide and other mass atroc- at risk of genocide and other mass atrocities don’t know it; ities; and ensuring that the United States Govern- Whereas COPD kills an estimated 126,000 (4) urges the President— ment has the tools and resources to enable people in the United States each year, is cur- (A) to direct relevant departments and its efforts to help prevent genocide and mass rently the fourth leading cause of death in agencies of the United States Government to atrocities. the Nation, is the only one of the 4 major review and evaluate existing capacities for f causes that is still increasing in prevalence, anticipating, preventing, and responding to and is expected to rise to become the third genocide and other mass atrocities, and to SUPPORTING THE GOALS AND leading cause of death in the United States; determine specific steps to coordinate and IDEALS OF THE YEAR OF THE Whereas lung cancer is the second most enhance those capacities; and LUNG 2010 common cancer in the United States and the (B) to develop and communicate a whole of most common cause of cancer deaths; Mr. BAYH. Madam President, I ask government approach and policy to antici- Whereas the leading cause of lung cancer is pate, prevent, and mitigate acts of genocide unanimous consent that the Health, long-term exposure to tobacco smoke; and other mass atrocities; Education, Labor, and Pensions Com- Whereas about 23,400,000 people in the (5) urges the Secretary of State, working mittee be discharged from further con- United States have asthma, a prevalence closely with the Administrator of the United sideration of S. Res. 432, and the Sen- which has risen by over 150 percent since States Agency for International Develop- ate proceed to its consideration. 1980; ment— The PRESIDING OFFICER. Without Whereas asthma is the most common (A) to ensure that all relevant officers of objection, it is so ordered. chronic disorder found in children, with the Foreign Service and particularly those 7,000,000 affected; deploying to areas undergoing significant The clerk will report. The assistant legislative clerk read Whereas flu and pneumonia together are conflict or considered to be at risk of signifi- the eighth leading cause of death in the cant conflict, genocide, and other mass as follows: United States; atrocities receive appropriate advanced A resolution (S. Res. 432) supporting the Whereas about 190,000 people in the United training in early warning and conflict pre- goals and ideals of the Year of the Lung 2010. States are affected by acute respiratory dis- vention, mitigation, and resolution; There being no objection, the Senate tress syndrome (ARDS) each year, a critical (B) to determine appropriate leadership, illness that results in sudden respiratory structure, programs, and mechanisms within proceeded to consider the resolution. Mr. BAYH. Madam President, I ask system failure, which is fatal in up to 30 per- the Department of State and the United cent of cases; unanimous consent that the resolution States Agency for International Develop- Whereas about 75,000 people in the United ment that can enhance efforts to help to pre- be agreed to, the preamble be agreed States die as a result of acute lung injury, a vent genocide and other mass atrocities; and to, the motions to reconsider be laid disease that can be triggered by infection, (C) to ensure recommendations for enhanc- upon the table, with no intervening ac- drowning, traumatic accident, burn injuries, ing civilian capacities to help prevent and tion or debate, and that any state- blood transfusions, and inhalation of toxic mitigate genocide and mass atrocities in the ments related to the resolution be substances, which kills approximately the upcoming Quadrennial Diplomacy and Devel- same number of people each year as die from opment Review; printed in the RECORD. The PRESIDING OFFICER. Without breast cancer, colon cancer, and prostate (6) urges the Secretary of the Treasury, cancer combined; working in consultation with the Secretary objection, it is so ordered. Whereas of the 10 leading causes of infant of State, to review how sanctions and other The resolution (S. Res. 432) was mortality in the United States, 4 are lung financial tools could be used against individ- agreed to. diseases or have a lung disease component; uals and entities found to be directly sup- The preamble was agreed to. Whereas pulmonary fibrosis (PF) is a reporting or enabling genocides and mass The resolution, with its preamble, lentlessly progressive, ultimately fatal dis- atrocities; reads as follows: ease with a median survival rate of 2.8 years (7) recognizes the importance of flexible that has no life-saving therapy or cure; contingency crisis funding to enable United S. RES. 432 Whereas more than 120,000 people are living States civilian agencies to respond quickly Whereas millions of people around the with PF in the United States, 48,000 are diag- to help prevent and mitigate crises that world struggle each year for life and breath nosed with it each year, and as many as could lead to significant armed conflict, due to lung diseases, including tuberculosis, genocide, and other mass atrocities; asthma, pneumonia, influenza, lung cancer 40,000 die annually, the same as die from (8) urges the Secretary of Defense to con- and chronic obstructive pulmonary disease breast cancer; duct an analysis of the doctrine, organiza- (COPD), pulmonary fibrosis, and more than Whereas the cause of sarcoidosis, an in- tion, training, material, leadership, per- 8,100,000 die each year; flammatory disease that occurs most often sonnel, and facilities required to help pre- Whereas lung diseases afflict people in in the lungs and has its highest incidence vent and respond to genocide and mass every country and every socioeconomic among young people aged 20 to 29, is un- atrocities; group, but take the heaviest toll on the poor, known; (9) encourages the Secretary of State and children, the elderly, and the weak; Whereas 15 years ago, people with pul- Secretary of Defense to work with the rel- Whereas lung disease is a serious public monary hypertension lived on average less evant congressional committees to promote health problem in the United States that af- than 3 years after diagnosis; the effective use of United States security fects adults and children of every age and Whereas new treatments have improved assistance and training is to support legiti- race; survival rates and quality of life for those mate, accountable security forces committed Whereas lower respiratory diseases are the living with this condition, but it remains a to upholding the sovereign responsibility to fourth leading cause of death in the United severe and often fatal illness; protect civilian populations from violence, States; Whereas Lymphangioleiomyomatosis especially genocide and other mass atroc- Whereas the economic cost of lung diseases (LAM), a rare lung disease that affects ities; is expected to be $177,000,000,000 in 2009, in- women exclusively and is also associated (10) supports efforts by the United States cluding $114,000,000,000 in direct health ex- with tuberous sclerosis, has no treatment Government to provide logistical, commu- penditures and $64,000,000,000 in indirect mor- protocol or cure and is often misdiagnosed as nications, and intelligence support, as appro- bidity and mortality costs; asthma or emphysema; priate, to assist multilateral diplomatic ef- Whereas nearly half of the world’s popu- Whereas Hermansky-Pudlak Syndrome, a forts and peace operations in preventing lation lives in or near areas with poor air genetic metabolic disorder which causes al- mass atrocities and protecting civilians; quality, which significantly increases the in- binism, visual impairment, and serious (11) calls on other members of the inter- cidence of lung diseases such as asthma and bleeding due to platelet dysfunction, has no national community to increase their sup- COPD, and more than 2,000,000 people die pre- cure and no standard of treatment; port for multilateral diplomatic efforts and maturely due to indoor and outdoor air pol- Whereas children’s interstitial lung dis- peace operations to more effectively prevent lution; ease, a group of rare lung diseases, has many mass atrocities and protect civilians; Whereas tuberculosis, an airborne infec- different forms, including surfactant protein (12) encourages the Secretary of State to tion that attacks the lungs and other major deficiency, chronic bronchiolitis, and con- work closely with regional and international organs, is a leading global infectious disease; nective tissue lung disease, and is thus dif- organizations, the United Nations Special Whereas no new drugs have been developed ficult to diagnose and treat; Adviser for the Prevention of Genocide, and for tuberculosis in more than 5 decades and Whereas the Centers for Disease Control civil society experts to develop and expand the only vaccine is nearly a century old, yet and Prevention estimates that 50,000,000 to multilateral mechanisms for early warning, there were 9,400,000 new cases in 2008, and 70,000,000 adults in the United States suffer information sharing, and rapid response di- this curable disease kills 1,800,000 each year; from disorders of sleep and wakefulness;

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.103 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11058 CONGRESSIONAL RECORD — SENATE December 22, 2010 Whereas insufficient sleep is associated There being no objection, the Senate HONORING LULA DAVIS with a number of chronic diseases and condi- proceeded to consider the resolution. Mr. BAYH. Madam President, I ask tions, including diabetes, cardiovascular dis- Mr. BAYH. Madam President, I ask unanimous consent that the Senate ease, obesity, and depression; unanimous consent that the resolution Whereas the average cost of treating se- proceed to the immediate consider- vere COPD is 5 times higher than treating be agreed to, the motion to reconsider ation of S. Res. 707, submitted earlier mild COPD; be laid upon the table, with no inter- today. Whereas the appropriate medication and vening action or debate, and that any The PRESIDING OFFICER. The disease management of asthma can reduce statements related to the measure be clerk will report the resolution by health care costs, including hospitalization, printed in the RECORD. title. emergency room visits, and physician visits, The PRESIDING OFFICER. Without The assistant legislative clerk read by half; objection, it is so ordered. as follows: Whereas the flu vaccine can prevent 60 per- The resolution (S. Res. 705) was cent of hospitalizations and 80 percent of A resolution (S. Res. 707) honoring Lula deaths from flu-related complications among agreed to, as follows: Davis. the elderly; S. RES. 705 There being no objection, the Senate Whereas advances in medical research have Resolved, proceeded to consider the resolution. significantly improved the capacity to fight SECTION 1. TECHNICAL CORRECTION. Mr. REID. Madam President, every lung disease by providing greater knowledge Senate Resolution 700, 111th Congress, working body needs a strong heart to about its causes, innovative diagnostic tools agreed to December 10, 2010, is amended in function. This legislative body, the to detect the disease, and new and improved section 3(b)— Senate, is no different. For many treatments that help people survive and re- (1) by striking paragraph (1); and years—as long as I have been in the cover from this disease; (2) by redesignating paragraphs (2) through Whereas there is no cure for major lung Senate, and that is a while—Lula Davis (5) as paragraphs (1) through (4), respec- has been the heart of the Senate. diseases including asthma, COPD, and lung tively. cancer; In 1997, when we elected her as assist- Whereas chronic lung diseases are a lead- ant Democratic secretary, she was the f ing cause of death and yet the quality of pal- first woman to hold that position. Be- liative and end-of-life care for patients with fore the 111th Congress, we elected her chronic lung disease is significantly worse SENATE NATIONAL SECURITY to be the secretary of the majority— than patients with other terminal illnesses; WORKING GROUP the first African American in that role. Whereas the National Institutes of Health, Mr. BAYH. Madam President, I ask through its many institutes and centers, Over the last 2 years, she has expertly through basic, clinical, and translational re- unanimous consent that the Senate tackled one of the toughest jobs any- search, plays a pivotal role in advancing the proceed to the immediate consider- where in politics. prevention, detection, treatment, and cure of ation of S. Res. 706, submitted earlier More importantly, the last 2 years lung disease; today. have also seen the debate and passage Whereas the Department of Veterans Af- The PRESIDING OFFICER. The of some of the most historic legislation fairs is actively engaged in research in res- clerk will report the resolution by in the entire history of the country— piratory diseases that impact the Nation’s title. laws to protect Americans from health veterans; The assistant legislative clerk read insurance companies, from Wall Street Whereas the Environmental Protection Agency establishes air quality standard and as follows: banks, from credit card companies, enforcement programs to ensure the quality A resolution (S. Res. 706) extending the au- from tobacco companies, from mort- of the air we breathe; thority for the Senate National Security gage fraudsters, from unsafe food, from Whereas the Centers for Medicare and Med- Working Group. discrimination, from inequality, and icaid Services, provides essential health in- There being no objection, the Senate so, so much more. surance benefits for millions of patients with proceeded to consider the resolution. Any one of these bills by itself would respiratory disorders; Mr. BAYH. Madam President, I ask define a session of Congress. We did all Whereas the Centers for Disease Control unanimous consent that the resolution of them in just the last 2 years, and we and Prevention, through its many centers could not have done any of it without and programs, provides valuable prevention be agreed to, the motion to reconsider and surveillance programs on diseases of the be laid upon the table with no inter- Lula Davis’s leadership. lung; vening action or debate, and that any Lula has come a long way since her Whereas an international collaboration of statements relating to the resolution days as a teacher and guidance coun- medical professional and scientific societies be printed in the RECORD. selor, and even further from her time is working to enhance the general public’s The PRESIDING OFFICER. Without in rural Louisiana. She started her understanding of respiratory diseases, their objection, it is so ordered. Senate career as a legislative aide to causes, prevention, treatment, and impact The resolution (S. Res. 706) was her home State Senator, the legendary respiratory disease play in human health; Russell Long, and went on to serve in and agreed to, as follows: almost every position on the floor Whereas the initiative, The Year of the S. RES. 706 staff: office assistant, floor assistant, Lung, seeks to raise awareness about lung Resolved, That Senate Resolution 105 of the health among the public, initiate action in One Hundred First Congress, 1st session chief floor assistant, assistant sec- communities worldwide, and advocate for re- (agreed to on April 13, 1989), as amended by retary, and secretary. sources to combat lung disease including re- Senate Resolution 149 of the One Hundred Anyone who has watched the Senate sources for research and research training Third Congress, 1st session (agreed to on Oc- knows it is not always an easy place to programs worldwide: Now, therefore, be it tober 5, 1993), as further amended by Senate understand, and I am an expert on how Resolved, That the Senate supports the Resolution 75 of the One Hundred Sixth Con- hard it is to understand it. Anyone who goals and ideals of the Year of the Lung. gress, 1st session (agreed to on March 25, has studied this institution, its idio- f 1999), as further amended by Senate Resolu- syncrasies and intricacies knows it can TECHNICAL CORRECTION TO S. tion 383 of the One Hundred Sixth Congress, be extremely baffling. But Lula knows 2d session (agreed to on October 27, 2000), as RES. 700 further amended by Senate Resolution 355 of this place inside and out like no one Mr. BAYH. Madam President, I ask the One Hundred Seventh Congress, 2d ses- else. She is fluent in the rhythms of unanimous consent that the Senate sion (agreed to on November 13, 2002), as fur- the Senate. She knows and respects its proceed to the immediate consider- ther amended by Senate Resolution 480 of complex rules, both formal and infor- ation of S. Res. 705, submitted earlier the One Hundred Eighth Congress, 2d session mal. Her counsel, as a result, has al- today. (agreed to November 20, 2004), as further ways been thoughtful and reliable to amended by Senate Resolution 625 of the One every one of us. The PRESIDING OFFICER. Without Hundred Ninth Congress, 2d Session (agreed objection, it is so ordered. She is loyal to the Senate and to its to on December 6, 2006), and as further Senators, and she respects the tradi- The clerk will report. amended by Senate Resolution 715 of the One The assistant legislative clerk read Hundred Tenth Congress, 2d session (agreed tions that make this body great— as follows: to November 20, 2008), is further amended in which is why, in return, this body has A resolution (S. Res. 705) providing for a section 4 by striking ‘‘2010’’ and inserting great respect for her and her hard technical correction to S. Res. 700. ‘‘2012’’. work.

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.098 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11059 Lula has spent her Senate career be- 434 colleagues to 99 fellow colleagues. As many hours as Lula devoted to hind the scenes not just helping Sen- All of these things took some getting the Senate, it is hard to believe that ators do our jobs but also quietly help- used to, plus the fact that, in the she had time for anything else. But she ing young people, the hungry, and House, you were constricted on the use founded an organization called those in need. As tough and hard as of time for speeches on the floor, and in LeadershipCares, which tries to guide Lula must be here on the Senate floor, the Senate, there is almost no limit. If young people into successful lives by she has a heart of gold. you want to speak forever, I think the helping others who are less fortunate. She founded and runs a nonprofit Senate rules will accommodate you. Almost every class of pages on the called Leadership Cares, which each Those changes all pale in comparison Democratic side would tell a story year helps children in our community to the single biggest change I ran into about Lula, because she became not provide quality meals to more than 650 here, and that was facing the secretary only their boss but their friend. She families. She has encouraged many of to the majority, Lula Johnson Davis. I taught them a lot about life in their her fellow Senate staffers to join her knew that people throughout Capitol life experience here in the Senate. family and friends and volunteer to Hill on both the House and Senate I join my colleagues in wishing Lula help. She has never asked for any rec- sides at the staff level were extremely the very best of luck as she begins the ognition for this work or any of her courteous, kind, and helpful. I found next chapter in life. work because that is the kind of person that throughout my career in the Mr. HARKIN. Madam President, al- she is. But Lula deserves our praise and House, and I certainly found it in the though I don’t have anything written, I thanks for so much more. Senate. But the good thing about Lula was listening to the leader speak and Senator LANDRIEU of Louisiana likes Davis was that she was respectful of the whip talk about Lula Davis and all to tell a story about how much a part Senators, but not deferential. She she has done here in the Senate. I, too, of the Senate Lula really is, how great would be happy to tell you when she wish to pay my respects and give my an institution our outgoing secretary thought you had stepped out of line in thanks and my best wishes to Lula of the majority is. Senator LANDRIEU what you were wearing, and what you Davis as she leaves the Senate. once asked a group of Senate pages if were chewing, and what you might be For 30 years, she has been a loyal, they had had a chance to meet the Sen- using your microphone for, your con- hard-working, passionate advocate for ate leaders. They said: Yes. They had versations on the floor, and on and on. the people of this country in an met Lula. She did this in a way that first startled unelected role—a role that required her Lula Davis has been the heart of the me, because I wasn’t used to it in the to make sure the business of the Sen- Senate, and our appreciation for her is House. There was nobody like Lula in ate was conducted. I know of no one heartfelt. I speak for each Senator, the House of Representatives to keep who knows the rules and how things Democrats and Republicans. you in line. She did it, and I came to work and how things should go better For me, personally, Lula has been not only like it but respect it so much, than Lula Davis. At times, she knew strong, resolute, and very wise. Words because I knew she was doing it not in everything, it seemed to me. Many cannot describe how I will miss Lula any personal way but because of her times, we would go to her because we Davis. She has been indispensable and love for the Senate. would have a bill on the floor and we They do a Roll Call survey about the she is irreplaceable. would have something that would get most powerful staffers on Capitol Hill, On behalf of every Senator, I thank tied up. I would be managing a bill, and and they rate them in four ways: know- Lula for her years of service to our things would get into a big ball of wax how, muscle, spin control, and access. caucus and for her more than 25 years sometimes or seem like a big ball of Lula always received the highest check of service to the Senate and the United string and you had to figure out how to marks in every category but one—spin States of America. unwind it. I would always go to Lula control. That is about right. Lula Mr. MCCONNELL. Madam President, Davis and say: OK, how do we get out Davis was never one to mince words in I rise this evening to acknowledge the of this mess? We have an amendment her role as secretary to the majority of retirement of Lula Davis, in apprecia- on an amendment and a motion to re- the Senate. Tough, fair, insisting on tion of her dedication to the Senate commit and all these things piled up. the strict observance of Senate rules and her many years of service to this and protocols, she reflected love for And she always knew how to do it. She institution. Lula has been a force in this institution in all that she did for always knew how to make sure the every legislative effort we have en- us. place would run. gaged in since my tenure as Republican The National Journal described her If you ever needed advice on how to leader began, and long before that. I as ‘‘an internally legendary staffer.’’ do something or accomplish some- have come to respect her deep knowl- That is true. In the 221-year history of thing, you could go to her. Of course, edge of the Senate rules and the impor- the Senate, Lula Davis is only the sec- sometimes she would give you advice tant role she has played in advising ond woman—and the first African you didn’t want to hear. Sometimes Democratic Senators over the past 2 American—ever to hold the position of you wanted to do something, and she years. She is a constant presence on secretary to the majority. had to be the person to say: Well, the the floor and an important part of Sen- Her loyalty and devotion to this Sen- rules just won’t allow you to do that. ate life. We congratulate her on her ate are unmatched. She was the first So there were times I would get frus- professional success, from her days as a one here in the morning and the last trated, and I would say: But I want to school teacher to her work on the floor one to leave at night. do this; this is for the good of the coun- of the U.S. Senate, and we wish her I know I speak for all Senators from try. And Lula Davis would say: Well, every happiness in the years ahead. the Democratic side and the Repub- Senator, you are just going to have to The PRESIDING OFFICER. The Sen- lican side, as well, in saying she is find some other way to do it. ator from Illinois is recognized. going to be missed. Unlike many, Lula So that is just my way to pay respect Mr. DURBIN. Madam President, be- Davis did not move to Washington to to a person who devoted so much of her fore I make a statement on another get involved in politics. She started her life to this Senate. A lot of times, we issue, I join the majority leader in his career as a high school teacher and find ourselves here late at night, and comments about the retirement of guidance counselor. A friend told Lula once in a while, I would think I was the Lula Johnson Davis from the Senate. about an opening in the office of her last person to leave, but Lula was al- Before I came to the Senate, I was a home State Senator, Russell Long, of ways the last person to leave and al- Member of the House of Representa- Louisiana. She started her Hill career ways the person—if you came in early tives for 14 years, and I greatly enjoyed at the bottom, as a legislative cor- in the day, she was the first person that experience. It was certainly an respondent, answering mail. here. So she has really been such an in- amazing change to come from the When Senator Long retired in 1989, tegral part of the Senate, the Senate House to the Senate, to move from one Lula moved to the Democratic floor floor is going to have a vacancy with- congressional district to representing staff and worked her way up from the out her in the future. the entire State, to move from a 2-year lowliest assistant position to become So to Lula Davis, I say: Thank you term to a 6-year term, to move from secretary to the majority. for so many years of friendship and

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.127 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11060 CONGRESSIONAL RECORD — SENATE December 22, 2010 loyalty and hard work in helping to years of outstanding service to the United Senate Committee on the Judiciary, make the Senate a more efficient, com- States Senate and to the United States of pursuant to Public Law 111–211, ap- patible working environment. America. points the following individuals to be I thank Lula Davis, and I wish her f members of the Indian Law and Order the best in her retirement. I hope she Commission: Troy Eid of Colorado and doesn’t get too far away from the Sen- STAR PRINT—S. 583 Jefferson Keel of Oklahoma. ate and that she comes back to see us Mr. BAYH. Madam President, I ask Mr. BAYH. Madam President, I sug- once in a while to help us untangle unanimous consent that Calendar No. gest the absence of a quorum. that ball of string, as I am sure it is 706, S. 583, reported from the Com- The PRESIDING OFFICER. The bound to become tangled again some- mittee on Commerce, Science, and clerk will call the roll. time. Transportation on December 17, 2010, The legislative clerk proceeded to Mr. BAYH. Madam President, I ask be star printed with the changes at the call the roll. unanimous consent that the resolution desk. An incorrect version of the com- Mr. REID. Madam President, I ask be agreed to, the preamble be agreed mittee substitute amendment was re- unanimous consent that the order for to, the motions to reconsider be laid ported to the Senate. the quorum call be rescinded. upon the table with no intervening ac- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tion or debate, and that any state- objection, it is so ordered. objection, it is so ordered. ments relating to the resolution be f printed in the RECORD. f The PRESIDING OFFICER. Without SIGNING AUTHORITY ACCOMPLISHMENTS OF THE 111TH objection, it is so ordered. CONGRESS The resolution (S. Res. 707) was Mr. BAYH. Madam President, I ask Mr. REID. Madam President, when agreed to. unanimous consent that Senator BAYH The preamble was agreed to. be authorized to sign any duly enrolled we convened this Congress in January The resolution, with its preamble, bills or joint resolutions on Wednesday, 2009, 750,000 Americans were losing their jobs every month. Soon after this reads as follows: December 22, and that Senator LINCOLN Congress began, an auto industry near- S. RES. 707 be authorized to sign any duly enrolled ly imploded, and within a year an oil Whereas Lula Davis, the Secretary for the bills or joint resolutions on Thursday, Majority, will be retiring at the end of the December 23, and Friday, December 24. well exploded. It was a tough 2 years 111th Congress, after a long and distin- The PRESIDING OFFICER. Without for our Nation and for so many fami- guished career; objection, it is so ordered. lies. It was also a time of remarkable Whereas Lula Davis was first elected as As- progress. sistant Democratic Secretary in 1997, and f When this Congress began, insurance she was the first woman ever to hold that po- APPOINTMENTS AUTHORITY companies were free to deny health sition; care to the sick for any excuse they Whereas Lula Davis was elected to be the Mr. BAYH. Madam President, I ask Secretary for the Majority at the beginning could come up with. The doughnut hole unanimous consent that notwith- that sent seniors’ prescription drug of the 111th Congress, the first African standing the upcoming recess or ad- American to serve in this position, and dur- costs through the roof was wide open. ing the 111th Congress she has expertly tack- journment of the Senate, the President Wall Street firms had just crashed our led one of the toughest jobs in politics; of the Senate, the President pro tem- economy, but they were still free to rip Whereas throughout her time in the Sen- pore, and the majority and minority off investors while the Nation smol- ate, Lula Davis has played a major role in leaders be authorized to make appoint- dered. managing the debate and passage of many ments to commissions, committees, Cigarette companies could prey on significant pieces of legislation; boards, conferences, or interparliamen- Whereas many legislative accomplish- children, credit card companies could tary conferences authorized by law, by prey on consumers, and con artists ments over the years would not have hap- concurrent action of the two Houses, or pened without the leadership of Lula Davis; could prey on families’ mortgages. Whereas Lula Davis lived in rural Lou- by order of the Senate. Employers were free to pay women isiana, and worked as a teacher and guidance The PRESIDING OFFICER. Without less than men, the safety of our food counselor; objection, it is so ordered. supply was dangerously inadequate, Whereas Lula Davis remains committed to f and the definition of a hate crime was children in our community, founding and shamefully insufficient. Gay men and continuing to run a nonprofit mentoring and APPOINTMENTS charitable organization called ‘‘Leadership women who volunteered to defend and Cares,’’ which provides holiday meals to The PRESIDING OFFICER. The die for our country were asked to fight more than 650 families annually; Chair, on behalf of the Republican and die for values and principles they Whereas Lula Davis has encouraged many leader, in consultation with the chair- didn’t have for themselves in America. of her fellow Senate staff to volunteer along- man of the Senate Committee on In- More than a year has passed since side her family and friends to make a dif- dian Affairs and the chairman of the American inspectors were on the ference for those in need; Senate Committee on the Judiciary, ground to monitor the Russian nuclear Whereas Lula Davis started her Senate ca- pursuant to Public Law 111–211, ap- weapons arsenal. reer as a legislative aide to her home-state points the following individual to be a Senator, Russell Long, and went on to serve We have turned each of these around. in almost every position on the floor staff, member of the Indian Law and Order Because of what we did in this Con- including office assistant, floor assistant, Commission: Affie Ellis of Wyoming. gress, we brought the economy back chief floor assistant, Assistant Secretary, The Chair, on behalf of the majority from the brink of collapse, we cut taxes and Secretary; leader, after consultation with the for 95 percent of Americans, we in- Whereas Lula Davis is a master of the com- chairman of the Select Committee on vested in important job-creating plex formal and informal rules under which Intelligence of the Senate, and pursu- projects, and we will keep working the Senate operates; ant to the provisions of Public Law until everyone who wants to work can Whereas Lula Davis has consistently pro- 107–306, as amended by Public Law 111– vided thoughtful and reliable advice to both find a job. Democratic and Republican leadership and 259, announces the appointment of the Because of what we did, families are all members of the Senate; following individual to serve as a mem- safer from health insurance companies. Whereas Lula Davis is loyal to the Senate ber of the National Commission for the Our economy and its investors are and to Senators, and respects the traditions Review of the Research and Develop- safer from big banks. Consumers are that make this body great; ment Programs of the United States safer from credit card companies, Whereas the Senate has tremendous re- Intelligence Community: the Honor- homeowners are safer from mortgage spect for Lula Davis and her hard work, and able MARK R. WARNER of Virginia. fraud, and all of us are safer from cor- deeply appreciates her enormous contribu- The Chair, on behalf of the majority porate fraud. tions to the Senate and to the United States: Now, therefore, be it leader, in consultation with the chair- Parents can know their children are Resolved, That the Senate expresses its man of the Senate Committee on In- safer from cigarette companies, thanks deepest thanks to Lula Davis for her many dian Affairs and the chairman of the to legislation we passed that will save

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.129 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11061 lives. Our food safety protections will and on the bench, including the third I say to each one of you—I went save countless more lives. and fourth women—and the first ever through a long list of things we have We also made historic strides for Latina—to serve on our Supreme been able to accomplish—we couldn’t equality and justice. With a hate Court. have done any of this without you. As crimes bill that bears Emmitt Till’s We began this Congress with the much as I know about the rules, and I name, we stood up for those who are challenge of keeping our economy from know quite a bit about the rules, I have victims of violence because of their a second Great Depression. We are not to depend on the Parliamentarians to race, ethnicity, or sexual orientation. all the way out of the ditch yet. We tell me—really, to get the real scoop. I With a fair pay bill in Lilly Ledbetter’s have come a long way since President admire what they do. They are very name, we stood up for those who are Bush’s Treasury Secretary sat down fine lawyers. This area of the law they targets of discrimination in the work- with us and warned us of the dire know better than anyone else in the place because of their gender or back- stakes of inaction. world. ground. And we made right a wrong In 2011, we have to do even more to Madam President, I haven’t men- done long ago to African Americans put middle-class families first, to cre- tioned the police officers, the door- and American Indian farmers. ate jobs and cut taxes. We will con- keepers. These police officers, they are Because we repealed don’t ask, don’t tinue to move America toward energy here right now as we speak. Most all in tell, our military is stronger and we independence. We will continue to fight the Chamber, of course, without uni- can still fulfill our Nation’s promise. to fix our broken immigration system. form. We have people every day with- And because we ratified the START And we will continue fighting for fair- out any exception wanting to do bad treaty today, America and the world ness—including giving our first re- things to this beautiful Capitol Com- are safer from nuclear devastation. sponders the same workplace rights ev- plex. These wonderful police officers These are just the ones that got the eryone else has. keep this building and its inhabitants, biggest headlines. The 111th Congress This was, by far, the most productive the people who work in this building— did much more. Congress in American history. And the it is not inhabitants, although I feel I We cut taxes for the middle class and lameduck session we are finishing was live here sometimes—they keep the small business multiple times. We the most productive of its kind. Why? thousands of people who work in these made it easier for families to buy their Because we heard the message the Capitol buildings safe. They do such a first home. We made it easier for stu- American people sent us last month. wonderful job of taking care of us. dents to afford to go to college, and They do not want us to sit around and Chief Gainer, who is the Sergeant at strengthened our commitment to re- waste our time. They want us to work Arms, is responsible for the police search, math and science education, together and work for them. They want force. He does a wonderful job on this technological innovation, and main- us to get things done. side of the Capitol. taining this country’s competitive We have been productive beyond any Madam President, I wish you, the edge. We made sure children can afford historical measure. But we cannot for- Presiding Officer, my dear friend, and to get the health care they need no get the context: We have had to do everyone here a very happy holiday matter how much money their parents more with less—passing some of the season. I wish it could have been a lit- make, and made sure even more most major pieces of legislation in his- tle longer, but it is better than a lot schoolchildren who would otherwise go tory with the least bipartisan coopera- thought it would be. hungry can get healthier meals. tion in history. I am sorry the minor- I suggest the absence of a quorum. We extended unemployment insur- ity party decided to sit on the side- The PRESIDING OFFICER. The ance for millions still struggling to lines. I know the history books will re- clerk will call the roll. find a job and extended COBRA sub- member who was on the field. The legislative clerk proceeded to sidies so those still struggling to find I thank every Senator and every call the roll. work can feed their families, fuel our staffer who has worked so hard. They Mr. BAYH. Madam President, I ask economy and afford decent medical have worked so tirelessly over these unanimous consent that the order for care. We strengthened Medicaid and past 2 years. The distance we took the quorum call be rescinded. The PRESIDING OFFICER. Without made sure doctors can still afford to America from January 2009 to Decem- objection, it is so ordered. treat seniors on Medicare. We helped ber 2010 is one of the most remarkable hundreds of thousands afford more times in the history of the world and f fuel-efficient cars and trucks. our country. EXECUTIVE SESSION With a national service bill named I am very proud of the work this Con- for Senator Ted Kennedy, we made it gress did, and I sincerely hope that, de- easier for more Americans to serve spite a divided Capitol, the 112th Con- EXECUTIVE CALENDAR their country, like our heroes of gen- gress will surpass only its record for Mr. BAYH. Madam President, I ask erations past. With one of the most im- significant legislation and not those unanimous consent that the Senate portant conservation bills in decades, for endless stalemates. proceed to executive session to con- we protected our public lands for gen- I want to express my appreciation to sider the following nominations en erations to come. We cut waste and this wonderful staff we have here. They bloc: Calendar Nos. 1052, 1180, 1181, 1182, fraud in the way the Pentagon pur- work so very, very hard. They are here 1183, 1184, 1196, 1197, 1198, 1199, 1200, 1201, chases military weapons. We made sure before we arrive in the morning, they 1202, 1203, 1209, 1210, 1216, 1218, 1219, 1220, our troops have the equipment they are here after we leave, and I am grate- 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, need on the battlefield and that our ful for all they do. 1229, 1230, to and including 1267, and all veterans have the care they need when The court reporters are here taking nominations at the Secretary’s desk in they come home. We gave everyone in down every word that we say—very the Air Force, Army, Marine Corps, the military a well-deserved pay raise. professional. The enrollment clerks. Navy, and the Foreign Service; that We secured our borders with guards, Everybody who is here. The Parliamen- the nominations be confirmed, en bloc, fencing, and predator drones. We im- tarians, whom we go to often to tell us and the motions to reconsider be laid posed sanctions on Iran to deter this the hole we are in and how to get out upon the table en bloc; that no further regime from acquiring a nuclear weap- of it. motions be in order; that any state- on. We thawed our credit markets so I am grateful for everyone here for ments be printed in the RECORD; that Americans can get the loans they need putting up with me and the hours I feel the President be immediately notified to buy a car, send a child to college, or we have to work with never a com- of the Senate’s action. even start a new business. We sup- plaint. I wish I had the ability to con- The PRESIDING OFFICER. Without ported the travel and tourism indus- vey what is in my heart—and I cer- objection, it is so ordered. tries, which will create tens of thou- tainly don’t have the ability to do The nominations considered and con- sands of jobs and cut our deficit by that—but I want everyone here to firmed en bloc are as follows: hundreds of millions of dollars. know that I am very grateful for every- DEPARTMENT OF DEFENSE We confirmed many well-qualified one here working in such a wonderful Jonathan Woodson, of Massachusetts, to be nominees for positions in public service manner for our country. an Assistant Secretary of Defense.

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STATE JUSTICE INSTITUTE ica to the Sixty-fifth Session of the General Reserve of the Air Force to the grade indi- Wilfredo Martinez, of Florida, to be a Assembly of the United Nations. cated under title 10, U.S.C., sections 12203 Member of the Board of Directors of the Gregory J. Nickels, of Washington, to be and 12212: State Justice Institute for a term expiring an Alternate Representative of the United To be brigadier general States of America to the Sixty-fifth Session September 17, 2013. Col. Wayne E. Lee Chase Theodora Rogers, of Connecticut, to of the General Assembly of the United Na- The following named officer for appoint- be a Member of the Board of Directors of the tions. ment in the United States Air Force to the State Justice Institute for a term expiring William R. Brownfield, of Texas, a Career grade indicated under title 10, U.S.C., section September 17, 2012. Member of the Senior Foreign Service, Class 624: Isabel Framer, of Ohio, to be a Member of of Career Minister, to be an Assistant Sec- the Board of Directors of the State Justice retary of State (International Narcotics and To be brigadier general Institute for a term expiring September 17, Law Enforcement Affairs). Col. Timothy T. Jex 2012. UNITED STATES AGENCY FOR INTERNATIONAL The following named officers for appoint- GOVERNMENT ACCOUNTABILITY OFFICE DEVELOPMENT ment in the United States Air Force to the Eugene Louis Dodaro, of Virginia, to be Paige Eve Alexander, of Georgia, to be an grade indicated under title 10, U.S.C., section Comptroller General of the United States for Assistant Administrator of the United 624: a term of fifteen years. States Agency for International Develop- To be brigadier general ment. MISSISSIPPI RIVER COMMISSION Colonel Donald J. Bacon MILLENNIUM CHALLENGE CORPORATION Samuel Epstein Angel, of Arkansas, to be a Colonel Warren D. Berry Member of the Mississippi River Commission Mark Green, of Wisconsin, to be a Member Colonel Casey D. Blake for a term of nine years. of the Board of Directors of the Millennium Colonel Mark Anthony Brown Challenge Corporation for a term of three Colonel Stephen A. Clark DEPARTMENT OF JUSTICE years. Colonel Anthony J. Cotton Michele Marie Leonhart, of California, to DEPARTMENT OF STATE Colonel Thomas H. Deale be Administrator of Drug Enforcement. Colonel Stephen T. Denker Thomas R. Nides, of the District of Colum- Stacia A. Hylton, of Virginia, to be Direc- Colonel John L. Dolan bia, to be Deputy Secretary of STate for tor of the United States Marshals Service. Colonel Michael E. Fortney Management and Resources. NATIONAL BOARD FOR EDUCATION SCIENCES Colonel Peter E. Gersten MILLENNIUM CHALLENGE CORPORATION Robert Anacletus Underwood, of Guam, to Colonel Robert P. Givens be a Member of the Board of Directors of the Alan J. Patricof, of New York, to be a Colonel Thomas F. Gould National Board for Education Sciences for a Member of the Board of Directors of the Mil- Colonel Timothy S. Green term expiring November 28, 2012. lennium Challenge Corporation for a term of Colonel Gina M. Grosso Anthony Bryk, of California, to be a Mem- two years. Colonel Joseph T. Guastella, Jr. ber of the Board of Directors of the National DEPARTMENT OF AGRICULTURE Colonel David A. Harris Board for Education Sciences for a term ex- Ramona Emilia Romero, of Pennsylvania, Colonel Daryl J. Hauck piring November 28, 2011. to be General Counsel of the Department of Colonel John M. Hicks Kris D. Gutierrez, of Colorado, to be a Agriculture. Colonel John P. Horner Member of the Board of Directors of the Na- Colonel Charles K. Hyde SOCIAL SECURITY ADMINISTRATION tional Board for Education Sciences for a Colonel Patrick C. Malackowski term expiring November 28, 2012. Carolyn W. Colvin, of Maryland, to be Dep- Colonel James R. Marrs uty Commissioner of Social Security for the Colonel Lawrence M. Martin, Jr. DEPARTMENT OF EDUCATION term expiring January 19, 2013. Colonel Jeffrey R. McDaniels Sean P. Buckley, of New York, to be Com- IN THE AIR FORCE Colonel Mark M. McLeod missioner of Education Statistics for a term Colonel John K. McMullen expiring June 21, 2015. The following named officer for appointment in the United States Air Force to the Colonel Linda R. Medler INSTITUTE OF MUSEUM AND LIBRARY SERVICES grade indicated under title 10, U.S.C., section Colonel Matthew H. Molloy Susan H. Hildreth, of Washington, to be Di- 624: Colonel Michael T. Plehn Colonel Margaret B. Poore rector of the Institute of Museum and Li- To be major general brary Services. Colonel Thomas J. Sharpy Brig. Gen. Otis G. Mannon Colonel Bradford J. Shwedo NATIONAL FOUNDATION OF THE ARTS AND THE The following named officer for appoint- Colonel Richard S. Stapp HUMANITIES ment in the United States Air Force to the Colonel David R. Stilwell Allison Blakely, of Massachusetts, to be a grade indicated under title 10, U.S.C., section Colonel Roger W. Teague Member of the National Council on the Hu- 624: Colonel David C. Uhrich manities for a term expiring January 26, To be major general Colonel Roger H. Watkins 2016. Colonel Mark W. Westergren Brig. Gen. Richard T. Devereaux UNITED STATES SENTENCING COMMISSION Colonel Scott J. Zobrist The following named officer for appoint- Patti B. Saris, of Massachusetts, to be a The following named officers for appointment in the United States Air Force to the Member of the United States Sentencing ment in the Reserve of the Air Force to the grade indicated while assigned to a position Commission for a term expiring October 31, grade indicated under title 10, U.S.C., section of importance and responsibility under title 2015. 12203: 10, U.S.C., section 601: Dabney Langhorne Friedrich, of Maryland, To be major general to be a Member of the United States Sen- To be lieutenant general Brigadier General Thomas P. Harwood, III tencing Commission for a term expiring Oc- Maj. Gen. Charles R. Davis Brigadier General Robert K. Millmann, Jr. tober 31, 2015. The following named officer for appoint- Brigadier General William F. Schauffert UNITED STATES SENTENCING COMMISSION ment in the United States Air Force to the Brigadier General Michael N. Wilson Patti B. Saris, of Massachusetts, to be grade indicated under title 10, U.S.C., section Brigadier General John T. Winters, Jr. 624: Chair of the United States Sentencing Com- The following named officers for appoint- mission. To be major general ment in the Reserve of the Air Force to the OVERSEAS PRIVATE INVESTMENT CORPORATION Brig. Gen. Michelle D. Johnson grade indicated under title 10, U.S.C., section Kevin Glenn Nealer, of Maryland, to be a The following named officer for appoint- 12203: Member of the Board of Directors of the ment in the United States Air Force to the To be brigadier general Overseas Private Investment Corporation for grade indicated under title 10, U.S.C., section Colonel Randall C. Guthrie a term expiring December 17, 2011. 624: Colonel Norman R. Ham, Jr. DEPARTMENT OF STATE To be major general Colonel Ronald B. Miller Carol Fulp, of Massachusetts, to be a Rep- Brig. Gen. Brett T. Williams Colonel John J. Mooney, III Colonel David B. O’Brien resentative of the United States of America The following named officer for appoint- Colonel Richard W. Scobee to the Sixty-fifth Session of the General As- ment in the United States Air Force to the Colonel Jocelyn M. Seng sembly of the United Nations. grade indicated under title 10, U.S.C., section Colonel William B. Waldrop, Jr. Jeanne Shaheen, of New Hampshire, to be 624: a Representative of the United States of Colonel Tommy J. Williams To be major general America to the Sixty-fifth Session of the Colonel Edward P. Yarish General Assembly of the United Nations. Brig. Gen. James M. Holmes Colonel Sheila Zuehlke Roger F. Wicker, of Mississippi, to be a The following Air National Guard of the The following Air National Guard of the Representative of the United States of Amer- United States officer for appointment in the United States officers for appointment in the

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.134 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11063 Reserve of the Air Force to the grades indi- To be brigadier general Brigadier General Peter N. Fuller cated under title 10, U.S.C., sections 12203 Col. Brian K. Balfe Brigadier General William K. Fuller and 12212: The following named officers for appoint- Brigadier General Walter M. Golden, Jr. To be major general ment to the grade indicated in the United Brigadier General Patrick M. Higgins Brigadier General Frederick B. Hodges Brigadier General Frances M. Auclair States Army under title 10, U.S.C., section Brigadier General Anthony R. Ierardi Brigadier General Barry K. Coln 624: Brigadier General Richard C. Longo Brigadier General Jeffrey R. Johnson To be brigadier general Brigadier General Alan R. Lynn Brigadier General Mary J. Kight Colonel Bradley A. Becker Brigadier General David L. Mann Brigadier General Thomas R. Moore Colonel Scott D. Berrier Brigadier General Bradley W. May Brigadier General John F. Nichols Colonel Michael A. Bills Brigadier General Lloyd Miles Brigadier General Leon S. Rice Colonel Gwendolyn Bingham Brigadier General Mark A. Milley Brigadier General Gary L. Sayler Colonel David J. Bishop Brigadier General Jennifer L. Napper Brigadier General Scott B. Schofield Colonel Matthew L. Brand Brigadier General John W. Nicholson, Jr. Brigadier General Jonathan T. Treacy Colonel James B. Burton Brigadier General Raymond P. Palumbo Brigadier General Delilah R. Works Colonel John W. Charlton Brigadier General Gary S. Patton To be brigadier general Colonel Guy T. Cosentino Brigadier General Mark W. Perrin Colonel Steven P. Bullard Colonel James H. Dickinson Brigadier General William E. Rapp Colonel Michael B. Compton Colonel Timothy J. Edens Brigadier General Thomas J. Richardson Colonel Murray A. Hansen Colonel Charles A. Flynn Brigadier General Frederick S. Rudesheim Colonel Jeffrey W. Hauser Colonel George J. Franz, III Brigadier General Bennet S. Sacolick Colonel William O. Hill Colonel Theodore C. Harrison Brigadier General Frank D. Turner, III Colonel Jerome P. Limoge, Jr. Colonel Frederick A. Henry Brigadier General Kevin R. Wendel Colonel Donald A. McGregor Colonel Terence J. Hildner Brigadier General Larry D. Wyche Colonel Tony E. McMillian Colonel Henry L. Huntley The following named officer for appoint- Colonel Gregory L. Nelson Colonel Paul C. Hurley, Jr. ment to the grade indicated in the United Colonel Gary L. Nolan Colonel Mark S. Inch States Army under title 10, U.S. section 624: Colonel Michael E. Stencel Colonel Ferdinand Irizarry, II To be brigadier general Colonel Richard G. Turner Colonel Thomas S. James, Jr. Colonel William L. Welsh Colonel Ole A. Knudson Col. Jeffrey L. Bailey Colonel Daniel J. Zachman Colonel Thomas W. Kula The following named officer for appoint- IN THE ARMY Colonel Clark W. Lemasters, Jr. ment to the grade indicated in the United Colonel Theodore D. Martin States Army under title 10, U.S.C., section The following named officer for appoint- Colonel Brian J. Mckiernan 624: ment in the Reserve of the Army to the Colonel Robin L. Mealer grade indicated under title 10, U.S.C., section To be brigadier general Colonel John B. Morrison, Jr. 12203: Col. Curt A. Rauhut Colonel Sean P. Mulholland To be major general Colonel Kevin G. O’Connell The following named officer for appoint- Brig. Gen. Jon J. Miller Colonel Barrye L. Price ment in the United States Army to the grade Colonel Mark R. Quantock indicated under title 10, U.S.C., sections 624, The following named officer for appoint- 3037, and 3064: ment in the United States Army to the grade Colonel James M. Richardson indicated under title 10, U.S.C., section 624: Colonel Darsie D. Rogers, Jr. To be brigadier general, judge advocate Colonel Martin P. Schweitzer general’s corps To be major general Colonel Jeffrey A. Sinclair Col. Flora D. Darpino Brigadier General Robert M. Brown Colonel Richard L. Stevens The following Army National Guard of the The following Army National Guard of the Colonel Peter D. Utley United States officers for appointment in the United States officer for appointment in the Colonel Gary J. Volesky Reserve of the Army to the grades indicated Reserve of the Army to the grade indicated Colonel Kirk F. Vollmecke under title 10, U.S.C. sections 12203 and 12211: under title 10, U.S.C., sections 12203 and Colonel Darryl A. Williams To be major general 12211: Colonel Michael E. Williamson Brigadier General Joseph L. Culver To be brigadier general Colonel Cedric T. Wins Brigadier General Francis P. Gonzales Col. Benjamin F. Adams, III The following named officer for appointment in the United States Army to the grade Brigadier General David L. Harris The following named officers for appoint- indicated while assigned to a position of im- Brigadier General James R. Joseph ment in the Reserve of the Army to the portance and responsibility under title 10, Brigadier General Jeff W. Mathis, III grades indicated under title 10, U.S.C., sec- U.S.C., section 601: Brigadier General Henry C. McCann tions 12203 and 12211: Brigadier General Steven N. Wickstrom To be lieutenant general To be major general To be brigadier general Lt. Gen. Michael D. Barbero Brigadier General Douglas P. Anson Colonel James A. Adkins Brigadier General Robert G. Catalanotti The following named officer for appoint- Colonel Deborah A. Ashenhurst Brigadier General Gregory E. Couch ment in the United States Army to the grade Colonel Elizabeth D. Austin Brigadier General David S. Elmo indicated while assigned to a position of im- Colonel Linda C. Bode Brigadier General Jeffery E. Phillips portance and responsibility under title 10, Colonel Darlene M. Goff Brigadier General Robert P. Stall U.S.C., section 601: Colonel Scott A. Gronewold Brigadier General Willaim D. Waff To be lieutenant general Colonel Brian C. Harris To be brigadier general Maj. Gen. Michael Ferriter Colonel James H. Harris Colonel Samuel L. Henry Colonel Daniel R. Ammerman The following Army National Guard of the Colonel Jay J. Hooper Colonel Edward G. Burley United States officer for appointment in the Colonel Keith E. Knowlton Colonel William F. Duffy Reserve of the Army to the grade indicated Colonel Francis S. Laudano, III Colonel Patrick J. Reinert under title 10, U.S.C., sections 12203 and Colonel Rusty L. Lingenfelter Colonel Douglas R. Satterfield 12211: Colonel Judd H. Lyons Colonel John H. Turner, III To be major general Colonel Eugene L. Mascolo Colonel Hugh C. Vanroosen, II Brig. Gen. Manuel Ortiz, Jr. Colonel Michael W. McHenry Colonel Ricky L. Waddell The following named officers for appoint- Colonel Kevin L. McNeely The following named officer for appointment in the United States Army to the grade Colonel Glen E. Moore ment in the United States Army to the grade indicated under title 10, U.S.C., section 624: Colonel Oliver L. Norrell, III indicated while assigned to a position of im- To be major general Colonel William J. O’Neill portance and responsibility under title 10, Colonel Victor S. Perez U.S.C., section 601: Brigadier General Robert B. Abrams Brigadier General Allison T. Aycock Colonel Harve T. Romine To be general Brigadier General Peter C. Bayer, Jr. Colonel Joanne F. Sheridan Gen. Carter F. Ham Brigadier General James C Boozer, Sr. Colonel Paul G. Smith The following Army National Guard of the Brigadier General Jeffrey S. Buchanan Colonel Peter C. Vanamburgh United States officer for appointment in the Brigadier General Gary H. Cheek Colonel Kathy J. Wright Reserve of the Army to the grade indicated Brigadier General Kendall P. Cox The following Army National Guard of the under title 10, U.S.C., sections 12203 and Brigadier General William T. Crosby United States officers for appointment in the 12211: Brigadier General Anthony G. Crutchfield Reserve of the Army to the grades indicated

VerDate Mar 15 2010 06:58 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.138 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11064 CONGRESSIONAL RECORD — SENATE December 22, 2010 under title 10, U.S.C., sections 12203 and Colonel Kenneth A. Sanchez PN2309 AIR FORCE nomination of Suzanne 12211: Colonel Steven T. Scott M. Henderson, which was received by the To be major general Colonel William L. Stoppel Senate and appeared in the Congressional Brigadier General Ricky G. Adams Colonel Lee E. Tafanelli Record of November 17, 2010. Brigadier General Barbaranette T. Bolden Colonel Keith Y. Tamashiro PN2310 AIR FORCE nominations (4) begin- Brigadier General Glenn H. Curtis Colonel Guy E. Thomas ning CHARLES R. CORNELISSE, and ending Brigadier General Stephen C. Dabadie Colonel Neil H. Tolley GERALD D. MCMANUS, which nominations Brigadier General Jonathan E. Farnham Colonel David S. Visser were received by the Senate and appeared in Brigadier General Leodis T. Jennings Colonel Marianne E. Watson the Congressional Record of November 17, Brigadier General Scott W. Johnson Colonel Martha N. Wong 2010. Colonel Anthony Woods PN2311 AIR FORCE nominations (7) begin- To be brigadier general IN THE NAVY ning ENEYA H. MULAGHA, and ending Colonel Dominic D. Archibald CLAUDIA P. ZIMMERMANN, which nomina- The following named officer for appoint- Colonel Arthur G. Austin, Jr. tions were received by the Senate and ap- ment in the United States Navy Reserve to Colonel Craig A. Bargfrede peared in the Congressional Record of No- the grade indicated under title 10, U.S.C., Colonel Courtney P. Carr vember 17, 2010. Colonel Joel D. Cusker section 12203: PN2312 AIR FORCE nominations (8) begin- Colonel Patrick J. Dolan To be rear admiral (lower half) ning LENA R. HASKELL, and ending WIL- Colonel David A. Galloway Capt. Thomas E. Beeman LIAM A. SOBLE, which nominations were Colonel Scott F. Gedling The following named officer for appoint- received by the Senate and appeared in the Colonel Kevin s. Gerdes ment in the United States Navy to the grade Congressional Record of November 17, 2010. Colonel Juan L. Griego indicated while assigned to a position of im- PN2314 AIR FORCE nominations (14) begin- Colonel Ralph H. Groover, III portance and responsibility under title 10, ning RANDON H. DRAPER, and ending AN- Colonel Stephen R. Hogan U.S.C., section 601: DREW S. WILLIAMS, which nominations Colonel Daniel R. Hokanson were received by the Senate and appeared in Colonel Gary E. Huffman To be vice admiral the Congressional Record of November 17, Colonel Ruth A. Irwin Rear Adm. Gerald R. Beaman 2010. Colonel Stephen E. Joyce The following named officer for appoint- PN2315 AIR FORCE nominations (16) begin- Colonel Richard F. Keene ment in the United States Navy to the grade ning JANELLE E. COSTA, and ending JE- Colonel Terry A. Lambert indicated under title 10, U.S.C., section 156: ROME E. WIZDA, which nominations were Colonel Daniel B. Leatherman To be rear admiral (lower half) received by the Senate and appeared in the Colonel Elton Lewis Congressional Record of November 17, 2010. Colonel Timothy M. McKeithen Capt. James W. Crawford, III PN2317 AIR FORCE nominations (44) begin- Colonel Paul J. Pena The following named officer for appoint- ning WILLIAM J. ANNEXSTAD, and ending Colonel Matthew T. Quinn ment in the United States Navy to the grade STACEY J. VETTER, which nominations Colonel Mark A. Russo indicated while assigned to a position of im- were received by the Senate and appeared in Colonel Orlando Salinas portance and responsibility under title 10, the Congressional Record of November 17, Colonel Bryan L. Saucerman U.S.C., section 601: 2010. Colonel Michael D. Schwartz To be vice admiral PN2318 AIR FORCE nominations (82) begin- Colonel Timothy L. Sheppard Vice Adm. Richard W. Hunt ning RYAN J. ALBRECHT, and ending GA- Colonel Rex A. Spitler BRIEL MATTHEW YOUNG, which nomina- Colonel Donald B. Tatum IN THE MARINE CORPS tions were received by the Senate and ap- Colonel James E. Taylor The following named officers for appoint- peared in the Congressional Record of No- The following named officer for appointment in the United States Marine Corps to vember 17, 2010. ment in the United States Army to the grade the grade indicated under title 10, U.S.C., PN2357 AIR FORCE nomination of Paul L. indicated while assigned to a position of im- section 624: Sherouse, which was received by the Senate portance and responsibility under title 10, To be major general and appeared in the Congressional Record of U.S.C., section 601: Brigadier General Kenneth F. McKenzie, Jr. November 18, 2010. To be lieutenant general PN2358 AIR FORCE nomination of Gabriel The following named officer for appoint- C. Avilla, which was received by the Senate Maj. Gen. Howard B. Bromberg ment to the grade of lieutenant general in and appeared in the Congressional Record of The following Army National Guard of the the United States Marine Corps while as- November 18, 2010. United States officers for appointment in the signed to a position of importance and re- PN2359 AIR FORCE nominations (5) begin- Reserve of the Army to the grades indicated sponsibility under title 10, U.S.C., section ning NATHAN P. CHRISTENSEN, and end- under title 10, U.S.C., sections 12203 and 601: ing SARA A. WHITTINGHAM, which nomi- 12211: To be lieutenant general nations were received by the Senate and ap- To be major general Lt. Gen. John M. Paxton, Jr. peared in the Congressional Record of No- Brigadier General Gregory W. Batts The following named officer for appoint- vember 18, 2010. Brigadier General Brent M. Boyles ment to the grade of lieutenant general in PN2387 AIR FORCE nominations (287) be- Brigadier General Jefferson S. Burton the United States Marine Corps while as- ginning JESSICA L. ABBOTT, and ending Brigadier General Lawrence E. Dudney, Jr. signed to a position of importance and re- ANDREW J. WYNN, which nominations were Brigadier General Burton K. Francisco sponsibility under title 10, U.S.C., section received by the Senate and appeared in the Brigadier General Charles H. Gailes, Jr. 601: Congressional Record of December 8, 2010. Brigadier General Gary M. Hara PN2388 AIR FORCE nominations (154) be- Brigadier General Timothy J. Kadavy To be lieutenant general ginning EDWARD R. ANDERSON, III, and Brigadier General Patrick A. Murphy Maj. Gen. Kenneth J. Glueck, Jr. ending DAVID H. ZONIES, which nomina- Brigadier General Timothy E. Orr The following named officer for appoint- tions were received by the Senate and ap- Brigadier General David C. Petersen ment to the grade of lieutenant general in peared in the Congressional Record of De- To be brigadier general the United States Marine Corps while as- cember 8, 2010. PN2389 AIR FORCE nominations (44) begin- Colonel Jerry R. Acton, Jr. signed to a position of importance and re- ning MICHAEL J. ALFARO, and ending Colonel Dallen S. Atack sponsibility under title 10, U.S.C., section SARA M. WILSON, which nominations were Colonel James P. Begley, III 601: received by the Senate and appeared in the Colonel Alan J. Butson To be lieutenant general Congressional Record of December 8, 2010. Colonel Walter E. Fountain Maj. Gen. Robert E. Milstead, Jr. PN2390 AIR FORCE nominations (25) begin- Colonel Richard J. Gallant NOMINATIONS PLACED ON THE SECRETARY’S ning COREY R. ANDERSON, and ending SON Colonel Alberto C. Gonzalez DESK X. VU, which nominations were received by Colonel Johnny H. Isaak the Senate and appeared in the Congres- Colonel Gregory L. Kennedy IN THE AIR FORCE sional Record of December 8, 2010. Colonel Arthur J. Logan PN2228 AIR FORCE nominations (1196) be- Colonel Neal G. Loidolt ginning BRIAN F. ABELL, and ending RAY IN THE ARMY Colonel Jeffrey P. Marlette A. ZUNIGA, which nominations were re- PN2009 ARMY nomination of Michael P. Colonel Ted Martinell ceived by the Senate and appeared in the McGaffigan, which was received by the Sen- Colonel Edward R. Morgan Congressional Record of September 23, 2010. ate and appeared in the Congressional Colonel Michael D. Navrkal PN2308 AIR FORCE nomination of Joseph Record of July 21, 2010. Colonel Leesa J. Papier T. Fetsch, which was received by the Senate PN2192 ARMY nominations (16) beginning Colonel Kenneth L. Reiner and appeared in the Congressional Record of EDWIN E. AHL, and ending D002419, which Colonel Sean A. Ryan November 17, 2010. nominations were received by the Senate and

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.141 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11065 appeared in the Congressional Record of Sep- the Senate and appeared in the Congres- and appeared in the Congressional Record of tember 20, 2010. sional Record of November 17, 2010. November 15, 2010. PN2268 ARMY nominations (6) beginning PN2337 ARMY nominations (5) beginning PN2338 NAVY nomination of Frederick G. DIANE J. BOESE, and ending PHILIP N. JOHN G. FELTZ, and ending LOUIS W. Panico, which was received by the Senate WASYLINA, which nominations were re- WILHAM, which nominations were received and appeared in the Congressional Record of ceived by the Senate and appeared in the by the Senate and appeared in the Congres- November 17, 2010. Congressional Record of September 29, 2010. sional Record of November 17, 2010. PN2339 NAVY nominations (3) beginning PN2319 ARMY nomination of Robert C. PN2360 ARMY nomination of Kathleen M. DANIEL J. TRAUB, and ending WAYNE M. Dorman, which was received by the Senate Flocke, which was received by the Senate BURR, which nominations were received by and appeared in the Congressional Record of and appeared in the Congressional Record of the Senate and appeared in the Congres- November 17, 2010. November 18, 2010. sional Record of November 17, 2010. PN2320 ARMY nomination of David A. PN2361 ARMY nomination of Gary A. PN2364 NAVY nominations (43) beginning Niemiec, which was received by the Senate Vroegindewey, which was received by the AUNTOWHAN M. ANDREWS, and ending and appeared in the Congressional Record of Senate and appeared in the Congressional CHRISTOPHER W. WOLFF, which nomina- November 17, 2010. Record of November 18, 2010. tions were received by the Senate and ap- PN2321 ARMY nomination of William L. PN2362 ARMY nominations (5) beginning peared in the Congressional Record of No- Vanasse, which was received by the Senate CRAIG S. BROOKS, and ending BENNIE W. vember 18, 2010. and appeared in the Congressional Record of SWINK, which nominations were received by PN2365 NAVY nominations (7) beginning November 17, 2010. the Senate and appeared in the Congres- MATTHEW A. MCQUEEN, and ending PN2322 ARMY nomination of George A. sional Record of November 18, 2010. CHARLES E. VARSOGEA, which nomina- Carpenter, which was received by the Senate tions were received by the Senate and ap- IN THE FOREIGN SERVICE and appeared in the Congressional Record of peared in the Congressional Record of No- November 17, 2010. PN2025 FOREIGN SERVICE nominations vember 18, 2010. PN2323 ARMY nomination of Susan A. (228) beginning Connor Cherer, and ending PN2391 NAVY nomination of Brian L. Castorina, which was received by the Senate Bernadette Regina Zielinski, which nomina- Beatty, which was received by the Senate and appeared in the Congressional Record of tions were received by the Senate and ap- and appeared in the Congressional Record of November 17, 2010. peared in the Congressional Record of July December 8, 2010. PN2324 ARMY nominations (2) beginning 21, 2010. PN2392 NAVY nomination of Jon C. Can- THERESA C. COWGER, and ending MARIE PN2214 FOREIGN SERVICE nominations non, which was received by the Senate and N. WRIGHT, which nominations were re- (94) beginning Heather M. Rogers, and ending appeared in the Congressional Record of De- ceived by the Senate and appeared in the Stephanie L. Woodard, which nominations cember 8, 2010. Congressional Record of November 17, 2010. were received by the Senate and appeared in f PN2325 ARMY nominations (2) beginning the Congressional Record of September 23, PAULA S. OLIVER, and ending GARY D. 2010. NOMINATIONS DISCHARGED RIGGS, which nominations were received by PN2215 FOREIGN SERVICE nominations Mr. BAYH. Madam President, I ask the Senate and appeared in the Congres- (25) beginning Joseph Farinella, and ending unanimous consent that the Judiciary sional Record of November 17, 2010. Joseph C. Williams, which nominations were Committee be discharged en bloc from PN2326 ARMY nominations (4) beginning received by the Senate and appeared in the Congressional Record of September 23, 2010. the following nominations: PN 2350 and JOSEPH C. CARVER, and ending GARY L. PN 2351; that the Senate then proceed PAULSON, which nominations were received PN2265 FOREIGN SERVICE nominations by the Senate and appeared in the Congres- (150) beginning Patricia A. Butenis, and end- en bloc to the nominations; that the sional Record of November 17, 2010. ing Keith A. Swinehart, which nominations nominations be confirmed en bloc and PN2327 ARMY nomination of John E. John- were received by the Senate and appeared in the motions to reconsider be laid upon son, II, which was received by the Senate and the Congressional Record of September 29, the table; that any statements relating appeared in the Congressional Record of No- 2010. to the nominations be printed in the PN2298 FOREIGN SERVICE nominations vember 17, 2010. RECORD and the President be imme- PN2328 ARMY nomination of Andrew S. (137) beginning Louis John Fintor, and ending Thomas F. Gray, Jr., which nominations diately notified of the Senate’s action. Dreier, which was received by the Senate and The PRESIDING OFFICER. Without appeared in the Congressional Record of No- were received by the Senate and appeared in vember 17, 2010. the Congressional Record of November 17, objection, it is so ordered. PN2329 ARMY nominations (5) beginning 2010. The nominations considered and con- KEVIN D. ELLSON, and ending STEVEN J. PN2299 FOREIGN SERVICE nominations firmed are as follows: OLSON, which nominations were received by (266) beginning Alan Hallman, and ending DEPARTMENT OF JUSTICE the Senate and appeared in the Congres- Richard G. Simpson, which nominations Russel Edwin Burger, of Oregon, to be sional Record of November 17, 2010. were received by the Senate and appeared in United States Marshal for the District of Or- PN2330 ARMY nominations (9) beginning the Congressional Record of November 17, egon for the term of four years. PHILLIP R. GLICK, and ending WILLIAM G. 2010. Charles Edward Andrews, of Alabama, to SUVER, which nominations were received by PN2300 FOREIGN SERVICE nominations be United States Marshal for the Southern the Senate and appeared in the Congres- (2) beginning Lloyd S. Harbert, and ending District of Alabama for the term of four sional Record of November 17, 2010. Daryl A. Brehm, which nominations were re- years. PN2331 ARMY nominations (62) beginning ceived by the Senate and appeared in the Mr. BAYH. Madam President, I ask KEVIN ACOSTA, and ending ROBERT K. Congressional Record of November 17, 2010. YIM, which nominations were received by PN2354 FOREIGN SERVICE nominations unanimous consent that the Judiciary the Senate and appeared in the Congres- (3) beginning James Franklin Jeffrey, and Committee be discharged from further sional Record of November 17, 2010. ending Earl A. Wayne, which nominations consideration of the following nomina- PN2332 ARMY nominations (125) beginning were received by the Senate and appeared in tion, PN 2374, and the Senate proceed MARY E. ABRAMS, and ending D002043, the Congressional Record of November 18, to the nomination; that the nomina- which nominations were received by the Sen- 2010. tion be confirmed, the motion to recon- ate and appeared in the Congressional IN THE MARINE CORPS sider be laid upon the table; that any Record of November 17, 2010. PN2363 MARINE CORPS nominations (6) statements related to the nomination PN2333 ARMY nominations (157) beginning beginning BRANDON M. BOLLING, and end- TIMOTHY P. ALBERS, and ending G001187, be printed in the RECORD, and the ing WYETH M. TOWLE, which nominations President be immediately notified of which nominations were received by the Sen- were received by the Senate and appeared in ate and appeared in the Congressional the Senate’s action. the Congressional Record of November 18, The PRESIDING OFFICER. Without Record of November 17, 2010. 2010. PN2334 ARMY nominations (194) beginning objection, it is so ordered. ELLEN J. ABBOTT, and ending MICHAEL IN THE NAVY The nomination considered and con- W. YOUNG, which nominations were re- PN2269 NAVY nominations (2) beginning firmed is as follows: PATRICK C. DANIELS, and ending THOMAS ceived by the Senate and appeared in the Christopher R. Thyer, of Arkansas, to be L. EDLER, which nominations were received Congressional Record of November 17, 2010. United States Attorney for the Eastern Dis- PN2335 ARMY nominations (226) beginning by the Senate and appeared in the Congres- trict of Arkansas for the term of four years. JOHN C. ALLRED, and ending D001821, sional Record of September 29, 2010. which nominations were received by the Sen- PN2291 NAVY nomination of Matthew R. f ate and appeared in the Congressional Fomby, which was received by the Senate EXECUTIVE CALENDAR Record of November 17, 2010. and appeared in the Congressional Record of PN2336 ARMY nominations (266) beginning November 15, 2010. Mr. BAYH. I ask unanimous consent JOHN W. AARSEN, and ending LOREN T. PN2292 NAVY nomination of Ronny L. that the Senate proceed to the imme- ZWEIG, which nominations were received by Jackson, which was received by the Senate diate consideration of the following

VerDate Mar 15 2010 07:23 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.106 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11066 CONGRESSIONAL RECORD — SENATE December 22, 2010 nominations en bloc: Calendar Nos. 616, justice, he has faithfully carried out two former presidents of a major uni- 617, 618, 619, and 620; that the nomina- this duty by following the law with the versity write in support of a nominee tions be confirmed en bloc; the motions impartiality, integrity and respect or issue, the three most recent presi- to reconsider be laid upon the table that we demand of a judge. Justice dents of Stanford University, John with no intervening action or debate, Butler has an impressive legal back- Hennessy, Gerhard Casper, and Donald en bloc; that no further motions be in ground that would serve our Federal Kennedy, wrote to support Professor order; that any statements related to bench well. Indeed he is a very fine Liu’s nomination, saying, in part: the nominations be printed in the man. He is deeply committed to the Goodwin Liu as a student, scholar, and RECORD; that the President be imme- law, to his community, and to his fam- trustee has epitomized the goal of Stanford’s diately notified of the Senate’s action ily. founders, which was ‘‘to promote the public and the Senate then resume legislative Justice Butler’s nomination proves welfare by exercising an influence on behalf session. once again that the process we use in of humanity and civilization, teaching the The PRESIDING OFFICER. Without blessings of liberty regulated by law, and in- Wisconsin to choose Federal judges and culcating love and reverence for the great objection, it is so ordered. U.S. attorneys ensures excellence. The principles of government as derived from the The nominations considered and con- Wisconsin Federal Nominating Com- inalienable rights of man to life, liberty and firmed are as follows: mission has been used to select Federal the pursuit of happiness.’’ We highly rec- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION judges and U.S. attorneys in Wisconsin ommend Goodwin Liu for the honor and re- Jacqueline A. Berrien, of New York, to be for 30 years. Through a great deal of sponsibility of serving on the United States a Member of the Equal Employment Oppor- cooperation and careful consideration, Court of Appeals for the Ninth Circuit. tunity Commission for a term expiring July and by keeping politics to a minimum, I admit that some of Professor Liu’s 1, 2014. we always find highly qualified can- writing have been questioned by con- Chai Rachel Feldblum, of Maryland, to be servatives. It is true that Goodwin Liu a Member of the Equal Employment Oppor- didates like Justice Butler. tunity Commission for a term expiring July I believe that Justice Butler would would not be a conservative judge. 1, 2013. make a fine addition to the Federal However, I do not believe that he would P. David Lopez, of Arizona, to be General bench, and I regret that he and other be an activist judge. Counsel of the Equal Employment Oppor- district court nominees have not been As I have watched debates over the tunity Commission for a term of four years. given the up-or-down votes that they judiciary in my eighteen years in the Victoria A. Lipnic, of Virginia, to be a deserve. Senate, the perception of ‘‘judicial ac- Member of the Equal Employment Oppor- tivism’’ is for the party on the other tunity Commission for the remainder of the f side. Many believe that this current term expiring July 1, 2010. NOMINATIONS OF GOODWIN LIU Victoria A. Lipnic, of Virginia, to be a Supreme Court under Chief Justice Member of the Equal Employment Oppor- AND EDWARD CHEN Roberts is one of the more activist tunity Commission for a term expiring July Mrs. FEINSTEIN. Madam President, courts ever. It is indisputable that it 1, 2015. I rise today to discuss two promising has overturned many precedents that NOMINATION OF LOUIS BUTLER Asian-American judicial nominees had stood for decades. Mr. KOHL. Madam President, I am from my State of California who have Goodwin Liu deserves to have a fair deeply disappointed that the Senate been denied simple, straightforward up- up-or-down vote, as other controversial has failed to vote on Louis Butler’s or-down votes on the floor of this body circuit court nominees have received. nomination to the district court for for what I believe are very spurious If a senator opposes his nomination, let the Western District of Wisconsin. The reasons. them vote against him. That is what partisan bickering that has prevented a Goodwin Liu is associate dean and we are here for—to cast our votes yea debate and vote on several district professor of law at the University of or nay, up or down. But don’t let Pro- court nominees is a stark reversal of California, Berkeley, Boalt Hall School fessor Liu die on the calendar, without Senate tradition and practice. of Law. He has a truly outstanding even having the courage to give him a Justice Butler is exceptionally well record as a great legal mind: vote. qualified for the Federal bench. By dint Phi Beta Kappa from Stanford and co- Even worse in many ways is the simi- of hard work and perseverance, Justice president of the Student Body; a Rhodes lar treatment that Magistrate Judge Butler rose from humble beginnings to Scholar at Oxford; a J.D. from Yale Law Edward Chen has received. I rec- be an accomplished lawyer, advocate, School and an editor on the Yale Law Jour- ommended Judge Chen for a judgeship trial court judge, Wisconsin Supreme nal; judicial clerkships on the D.C. Circuit in the Northern District of California. Court justice, and professor. Few nomi- and the U.S. Supreme Court; recipient of If confirmed, he would be the first nees have such a strong record of pub- both the Education Law Association’s Award judge of Chinese descent to serve in lic service. Justice Butler’s career has for Distinguished Scholarship and the Uni- versity of California at Berkeley’s highest this district, with its notable Chinese been distinguished by the years he has award for teaching. heritage. spent fulfilling the Constitution’s guar- This would not be a novel role for Recognizing his brilliance, President antee of an attorney and fair trial for Judge Chen: for the past 9 years, he has Obama chose Professor Liu for a seat all Americans, rich and poor alike. He served as a magistrate judge on this on the Court of Appeals for the Ninth cut his teeth as a young lawyer rep- same court. And his service there has Circuit. resenting defendants who could not af- been impeccable, and apparently unas- I have met personally with Goodwin ford legal representation. As a trial sailable: he has written more than 350 Liu on several occasions, including a 4- court judge, he earned a reputation for published opinions in that time, and hour discussion. I had him to my home being a tough but fair jurist and was there has not been an objection to a for dinner. His status as a first-rate recognized as a top Milwaukee judge. single one of them. Justice Butler was the first African legal mind is undeniable. But opponents of his nomination are American to sit on the Wisconsin Su- And his support for this nomination hanging their hat on one quote from preme Court and he served there with is legion: him, taken out of context. distinction for 4 years. During his time Justice Ruth Bader Ginsburg, former judge One of the darkest chapters in this on the court, he participated in hun- and Solicitor General Ken Starr, leading country’s history was the wholesale in- conservative lawyer Clint Bolick, California ternment of Japanese-Americans dur- dreds of cases, many of which were de- Correctional Peace Officers Association, 34 cided by a unanimous or near-unani- former prosecutors, Numerous education ing World War II. The Supreme Court mous court. He proved himself to be a leaders, including former Secretary of Edu- upheld this heinous practice in the no- hard-working, thoughtful and con- cation Richard Riley and Joel Klein, the torious case of Korematsu v. United sensus-building justice. Chancellor of the New York City schools, States. In 1988, Congress passed and We ask our judges to make the most and Numerous representatives of the Asian- President Reagan signed the Civil Lib- difficult decisions in the closest cases, American community. erties Act and issued a formal apology neither an easy nor simple task. Over One set of support was particularly for the internment. Before serving as a the course of Justice Butler’s tenure as impressive to me. In the only time that magistrate judge, Ed Chen represented a trial judge and a State supreme court I have seen the serving president and the name party in that case, Fred

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.138 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11067 Korematsu, in his successful effort to confirmed to fill a vacancy on the Dis- and the New York City Department of overturn his conviction for defying the trict Court for the District of Colum- Investigation, and ultimately by the internment order. bia. Many of us on the Judiciary Com- prestigious Attorney General’s Direc- In 2005, Judge Chen attended Mr. mittee remember her from the 10 years tor’s Award for Superior Performance. Korematsu’s funeral, and spoke about she served as my general counsel and I always felt lucky to have hired her. it a month later to law students. The as one of the most effective members of Ms. Howell’s career since she left us line that critics have seized upon came our Judiciary Committee staff. With 7 years ago has been equally impres- from this speech, where Judge Chen her background as a highly decorated sive. She established the Washington, said that, while listening to the con- Federal prosecutor, she worked on DC, office of a consulting and technical gregation sing ‘‘America the Beau- issues ranging from criminal justice services firm specializing in digital tiful’’ at the funeral, he sometimes had and national security, to the Digital forensics, computer fraud, and abuse ‘‘Feelings of ambivalence and cynicism Millennium Copyright Act, the Anti- investigations as the Executive Man- when confronted with appeals to patri- Cybersquatting Consumer Protection aging Director and general counsel of otism—sometimes I cannot help but Act, and the No Electronic Theft Act. Stroz Friedberg. While in the private feel that there are too much [sic] injus- She worked on the National Informa- sector, she received the FBI Director’s tice and too many inequalities that tion Infrastructure Protection Act and Award for her work assisting in a Gov- prevent far too many Americans from the computer fraud and abuse statute, ernment cyber-extortion investigation. enjoying the beauty extolled in that and on important oversight matters in- Ms. Howell has twice been confirmed anthem.’’ cluding the Judiciary Committee’s bi- by the Senate to serve as a member of But the critics omit what Chen said partisan hearings on Ruby Ridge that the bipartisan U.S. Sentencing Com- right after that quotation: led to improvements at the Federal Bu- mission, to which she was appointed by Yet I was moved to tears at Fred’s memo- reau of Investigation, FBI. She also President Bush. She contributed to the rial. Why? In part, Fred was a living example played important roles in electronic Sentencing Commission report that led of the patriotism embodied in the song. freedom of information initiatives, to our breakthrough this year with Korematsu demonstrated that patriotism which earned her induction into the Senate passage of historic legislation not by waving an American flag, but by try- Freedom of Information Act Hall of that Senator DURBIN crafted to end ing to vindicate the values and principles that are embodied in that flag freedom, jus- Fame. sentencing disparities, the Fair Sen- tice and equality under the law. . . . I was When I had the chance to introduce tencing Act. also moved not only because ‘‘America the Ms. Howell to the committee at her She and her husband have raised Beautiful’’ echoed what I saw [in] Fred. It hearing in July, I discussed her impres- their three children in the District and was also because the song described the sive background before she joined the are long-time citizens here. That in- America that Fred envision[ed]. The Amer- committee staff. She grew up in a volvement, her public service back- ica whose promised beauty he sought to ful- proud military family. She was award- ground, and her steadfast commitment fill, an America true to its founding prin- ed her undergraduate degree with hon- to justice make her an ideal nominee. I ciples. ors in philosophy from Bryn Mawr Col- commend President Obama for choos- Judge Chen didn’t object to singing lege in Pennsylvania, and earned her ing to nominate her. I thank the com- ‘‘America the Beautiful’’—he was law degree at Columbia University mittee for acting to favorably report moved to tears by it. School of Law, where she was a Harlan her nomination unanimously in Sep- Judge Chen’s nomination enjoys Fiske Stone Scholar. She clerked for tember. I am glad the Senate has now widespread support, with extensive Judge Dickinson Debevoise on the U.S. followed suit and confirmed her unani- support from the law enforcement com- District Court for the District of New mously to serve all the people of the munity, including: San Francisco Dep- Jersey. District of Columbia fairly and impar- uty Sheriffs’ Association, Northern Al- Having worked as a student assistant tially as a U.S. district court judge. liance of Law Enforcement, which rep- in a U.S. Attorney’s Office, she joined Mr. MCCONNELL. Madam President, resents 20 different law enforcement as- the U.S. Attorney’s Office for the East- I am pleased the Senate in this Con- sociations in Northern California, ern District of New York in 1987, work- gress was able to make good progress Peace Officers Research Association of ing there almost 6 years, rising to be on filling judicial vacancies, especially California, 11 former Federal prosecu- the Deputy Chief of the Narcotics Sec- those vacancies that the Democratic tors for the Northern District of Cali- tion. Her grand jury investigations and majority unfortunately and sometimes fornia and former San Francisco Chief prosecutions included complex public inexplicably failed to fill during the of Police Anthony Ribera. corruption, narcotics, and money laun- last 2 years of the Bush Administra- And the list goes on. dering cases. tion. He also has widespread support from Descriptions of her cases read like The progress we have made is espe- the bar, including the Bar Association crime novels. She successfully pros- cially noteworthy given the demands of San Francisco, Hispanic National ecuted the leadership of a Chinatown placed upon the Judiciary Committee Bar Association, and many others. gang, called the Flying Dragons, for by having to process not one, but two, Yet despite this support, his nomina- heroin trafficking, and extradited the Supreme Court nominations. The tion has been subjected to repeated, ex- head of the gang after he fled to Hong Sotomayor and Kagan nominations to- ceptional delay and obstruction, even Kong. She successfully prosecuted a gether took approximately 6 months of being returned to the President during group of Colombian drug dealers and the Committee’s time. Nevertheless, congressional recesses. arrested the gang members just as they the Senate was able to confirm a total The day was when district court were packing almost $20 million in of 60 lower court nominations in this nominees supported by both home cash from narcotics proceeds into a Congress, including 19 nominations State Senators with extensive law en- hidden compartment of a truck to while the Kagan nomination was pend- forcement and legal community sup- smuggle it out of the country. Then ing. By comparison, the last time the port were confirmed routinely. It is some of these defendants attempted a Senate had to process two Supreme time now to end this delay and ob- prison escape by bribing officials, and Court nominations in the same Con- struction, give Ed Chen the fair up-or- she successfully prosecuted the per- gress, which were the Roberts and down vote he so richly deserves, and petrators of the escape plan. She also Alito nominations during the 109th confirm this well-proven, qualified handled the successful investigation Congress, the Senate was able to fill nominee to the Federal district court. and prosecution of over 20 corrupt New only 51 lower court judicial vacancies, f York City building inspectors engaged and it confirmed far fewer lower court in extortion. nominations while the Roberts and NOMINATION OF BERYL HOWELL Ms. Howell’s work was recognized by Altio nominations were pending. Mr. LEAHY. I want to say a few her twice being awarded the U.S. At- This Congress was also able to fill words about one of the highly qualified torney Special Achievement Award for some long-standing vacancies, espe- nominees belatedly confirmed by the Sustained Superior Performance, by cially on our courts of appeals. At the Senate today. Beryl Howell has been commendations from the FBI, DEA, end of the Bush administration, there

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.086 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11068 CONGRESSIONAL RECORD — SENATE December 22, 2010 were 15 judicial emergencies; this Con- certainly compares favorably to the unmoved by pleas from the President, gress was able to fill 10 of those 15 judi- progress that was made on judicial the Attorney General, two Supreme cial emergencies, including numerous nominations in other lameduck Con- Court Justices, the President of the judicial emergencies on our circuit gresses. In the lameduck session of the American Bar Association, the Federal courts. The Fourth Circuit is illus- last Congress, the Senate did not con- Bar Association, retired Federal trative of the commitment of Senate firm any judicial nominees. Thirty ju- judges, current chief judges and Fed- Republicans to work in a bipartisan dicial nominations were not acted upon eral prosecutors calling on the Senate fashion to this end. in that session, despite the urgent need to address the growing vacancies crisis. At the end of the last Congress, the for judges on places like the Fourth They disregarded the pleas to end the Fourth Circuit was almost one-third Circuit. In the lameduck session of the senseless delays and needless blockade vacant, despite the fact that President Congress before that, our Democratic of consensus nominations and to vote Bush had nominated outstanding can- colleagues did not consent to con- whether to confirm the nominations didates for these positions. These firming any judicial nominees; the one sent forward by the Senate Judiciary nominees enjoyed strong home State judicial nomination that occurred in Committee to fill the vacancies in the support, including some with strong bi- the lameduck session of the 109th Con- Federal courts. partisan, home-state support. Yet our gress was achieved by the Republican Each of the judicial nominations now Democratic friends refused to move majority filing cloture on a nominee. before the Senate will upon adjourn- these nominations. By contrast, this Cloture was invoked on that nomina- ment be returned to the President, the Congress put partisanship aside and tion by a vote of 93 to 0, and he was vacancy will remain, and the confirma- filled all four of these vacancies, giving confirmed. But 38 other judicial nomi- tion process will have to start over badly-needed relief to a long suffering nations were not acted upon in that next year. Just a few years ago Senate Federal circuit. Congress, including 15 who were ripe Republicans were united in demanding We could have made more progress for action on the Senate floor. In the that every nomination reported by the still. But unfortunately, the President lameduck session of the 108th Congress, Senate Judiciary Committee to the failed to put forth, and the Democratic only 3 nominations were confirmed, all Senate deserved a vote. They argued Majority failed to move, nominations to the district court. Almost two dozen that was our constitutional duty. Well, for the vast majority of the current judicial nominations were not acted the Constitution has not been amend- federal vacancies. Specifically, the upon in that lameduck session, included. The only thing that has changed is President has failed to even nominate ing several who were pending on the that the American people changed individuals for most of the current dis- Senate floor. In fact, the last time a Presidents. trict court vacancies, putting forth Senate confirmed as many judicial In 2001 and 2002, the first 2 years of only 34 nominations, even though there nominations in a lameduck session of the Bush administration, the Senate are 76 vacancies. And of those district Congress as were confirmed in the Judiciary Committee reported 100 judi- court nominations he has put forth, 18 lameduck session of this Congress was cial nominees of President Bush. I was of them remain in the Democratic-con- the chairman. We did not adjourn in trolled Judiciary Committee. The story in 2002, when 20 judicial nominees were 2002 until we had given a vote to every is similar for our circuit courts: there confirmed at the end of the 107th Con- one of those 100 nominees and con- are 16 vacancies there, but the White gress. I am hopeful we can continue to work firmed them. I did not support all of House has failed to even nominate can- in a bipartisan fashion in the next Con- them but I did not prevent those votes. didates for seven of those vacancies. gress on judicial nominations and that I worked to fill the vacancies on the And of those circuit court nominations the President will join us in that effort Federal courts. That was with a Demo- he has made, 6 remain in the Judiciary by not nominating or re-nominating cratic majority in the Senate. All 100 Committee. All told, of the current vacancies on our Federal courts 80 per- judicial nominees who show a willing- were considered before the end of the cent of these seats remain vacant be- ness to follow their own beliefs, rather 107th Congress, including two con- cause the President either has not than the requirements of the law. troversial circuit court nominations Mr. LEAHY. Madam President, as nominated anyone, or our Democratic reported and then confirmed during the the 111th Congress draws to a close, colleagues have not processed the ones lameduck session in 2002, after the mid- Senate Republicans have finally con- he has nominated. term elections. Which brings us to the judicial nomi- sented to consider half of the judicial This Congress the Senate Judiciary nations remaining on the Senate floor. nominations that have been pending on Committee held hearings, considered Four of these nominations are very the Senate’s Executive Calendar, some and was able to favorably report 80 controversial. Their statements, for nearly a year, awaiting a final Sen- nominees to Federal circuit and dis- writings, and records show a willing- ate vote. We began with 38 judicial trict court vacancies. Only 60 have ness to put their own views ahead of nominees to be considered and the Sen- been allowed Senate votes. This is a the dictates of the law and the Con- ate is being prevented from voting on historically low number and percent- stitution. As a result, Senate Repub- 19. These are all superbly qualified age for the first two years of a new licans are not prepared to consent to nominees, most were reported with bi- Presidency. Last year only 12 Federal their confirmation, or to a process that partisan support and many unani- circuit and district court judges were will facilitate their confirmation. mously. Thirteen of these nominations confirmed. It was the lowest number in The remaining 15 nominations pend- on which we are not being allowed to more than 50 years. This year the Sen- ing on the Senate floor were not re- vote are to fill judicial emergency va- ate has been allowed to consider fewer ported out of the Judiciary Committee cancies, as determined by the non- than 50 judicial nominees. That has led until the waning days of this Congress. partisan Administrative Office of the to the lowest confirmation total for This is unfortunate. Most of these U.S. Courts. Yet for month after the first 2 years of a new Presidency in nominations are to fill vacancies that month, many of these nominations 35 years. And this is taking place dur- have existed for years; in some cases, have been stalled, just languishing being a period when Federal judicial va- for 2 or 3 years, or even longer. I do not fore the Senate as Senate Republicans cancies have doubled. know why these nominations were not refused to consent to moving forward. By nearly every measure—the num- reported out of the Judiciary Com- Congress will adjourn for the year ber of nominees confirmed, the per- mittee until December. While we were without completing its work on these centage of nominees confirmed, the worked diligently in the lameduck ses- nominations. pace of nominees being considered on sion to fill numerous judicial vacan- Senate Republicans’ strategy of de- the floor, the skyrocketing vacancy cies—confirming 19 judicial nominees laying and blocking judicial nomina- numbers—the results are dismal. Dur- total—we were not able to process the tions across the board has led to judi- ing the first 2 years of the Bush admin- remaining 15 nominations that the cial vacancies nearly doubling over the istration, Democrats in the Senate committee approved late in this year. last 2 years. Vacancies remain at near- worked to consider and confirm 100 ju- But our record of confirming judicial ly 100 with more than 40 judicial emer- dicial nominees. During the first two nominations in this lameduck Congress gencies. The Republican leadership was years of the Obama administration,

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.099 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11069 Senate Republicans have limited Fed- ideological battles of the past, Senate dramatic departure from the tradi- eral circuit and district court con- Republicans ignored Senator LUGAR’S tional practice of considering district firmations to 60. They were delayed on support, distorting Judge Hamilton’s court nominations expeditiously and average six times longer than it took record and filibustering his nomina- with deference to home state Senators. President Bush’s judicial nominees to tion. Republican Senators who had re- Among these nominations were Louis be considered by the Senate. cently pledged never to filibuster a ju- Butler of Wisconsin, Edward Chen of Senate Republicans have returned to dicial nominee and those who had said California, and John McConnell of the strategy they used during the Clin- they would do so only under extraor- Rhode Island. These nominees were re- ton administration, when they pocket dinary circumstances reversed them- ported by the Committee several times filibustered more than 60 of his judicial selves and joined the partisan fili- with strong support from their home nominations, leading to a vacancy cri- buster. Republican Senators who just a State Senators who know the nominees sis. Their years of refusing to proceed few years earlier had proclaimed such and the needs of the courts in their on President Clinton’s nominations led filibusters unconstitutional also States best. All three were pending for Chief Justice William Rehnquist, a joined. They abandoned all they had months on the Senate Calendar. In conservative appointed by Republican said and filibustered a preacher’s son fact, Justice Butler and Judge Chen Presidents, to chastise them for failing and fine judge who was known to and were first reported by the Judiciary to address the needs of the Federal ju- supported by his respected Republican Committee over a year ago. Obstruc- diciary. In those days, Federal judicial home State Senator. tion of these district court nomina- vacancies rose to more than 110 by the In filibustering President Obama’s tions is unprecedented. end of the Clinton administration, a first judicial nomination, Senate Re- Since 1945, the Judiciary Committee historically high vacancy number. Cur- publicans also ignored the standard has reported more than 2,100 district rent across the board delays eventu- they had set in a letter they sent to court nominees to the Senate. Out of ated in 111 Federal court vacancies this President Obama before he had made a these 2,100 nominees, only 5 have been year. single judicial nomination. In that let- reported by party-line votes, and 4 of When Democrats regained the Senate ter, they threatened to filibuster any the 5 occurred in this Congress. Less majority halfway into President Bush’s nomination made without consulta- than 20 of the 2,100 nominees faced any first year in office, we reported and tion. Despite the fact that President opposition in Committee. Since 1949, confirmed 100 judicial nominees during Obama has reached across the aisle to cloture motions have been filed on only the 17 months I served as chairman of consult, as he did with Senator LUGAR three district court nominations. All the Judiciary Committee in the 107th of Indiana, Senate Republicans have three nominations were confirmed, and Congress. We continued to work coop- filibustered and delayed judicial nomi- in fact two of the cloture petitions eratively to make progress on nomina- nations virtually across the board. were withdrawn. This year Republican tions whether in the majority or the Delays and obstruction of Senate opposition to the Butler, Chen and minority for the rest of President consideration has attended virtually McConnell nominations would have re- Bush’s administration. As a result, all of well-qualified judicial nominees. quired clotures on all three, meaning overall judicial vacancies were reduced Contrary to their statements during that in 1 year they would have during the Bush years from more than the Bush administration that every ju- matched the number of cloture mo- 10 percent to less than four percent. dicial nomination reported by the Sen- tions filed on district court nominees During the Bush years, the Federal ate Judiciary Committee was entitled over the past 62 years. court vacancies were reduced from 110 to an up-or-down vote, Senate Repub- These nominees are outstanding to 34 and Federal circuit court vacan- licans have refused consent for up-or- Americans who do us a great service by cies were reduced from a high of 32 down votes on nominee after nominee. their willingness to serve on our Fed- down to single digits. Since the filibuster of Judge Hamilton, eral courts. Justice Louis Butler, Jr., This progress has not continued once they have required the Majority Leader was nominated to fill an emergency va- the American people elected President to file cloture on other highly qualified cancy on the U.S. District Court for Obama. Senate Republicans have re- circuit court nominees, indeed on a the Western District of Wisconsin. He turned to the strategy of across-the- quarter of the 16 circuit court nomi- has 16 years of judicial experience at board delays and obstruction of the nees the Senate has been allowed to the municipal and State court level President’s judicial nominations, again consider. and was the first African American to leading to skyrocketing vacancies. No Senator could claim the cir- serve on the Wisconsin Supreme Court. Last year the Senate confirmed only 12 cumstances surrounding the filibusters He has the strong support of both of his Federal circuit and district court of President Obama’s circuit court home State Senators and he earned the judges, the lowest total in 50 years. nominations to be extraordinary. Re- highest possible rating, unanimously This year we confirmed less than 50 publicans filibustered the nomination well qualified, from the Standing Com- more Federal circuit and district of Judge Barbara Keenan, a nominee mittee on the Federal Judiciary of the judges. That has led to the lowest con- with nearly 30 years of judicial experi- American Bar Association, ABA. firmation total for the first 2 years of ence, and the first woman to hold a Judge Edward Chen was nominated a new Presidency in 35 years. We are number of important judicial roles in to fill an emergency vacancy on the not even keeping up with retirements Virginia. She was then confirmed 99–0 U.S. District Court for the Northern and attrition. As a result, judicial va- as the first woman from Virginia to District of California. He has served cancies rose again over 110 again this serve on the Fourth Circuit Court of that court as a Magistrate Judge for year. Appeals. They filibustered the nomina- the last nine years and has accrued an The Senate’s Republican leadership tion of Judge Thomas Vanaskie, whose impeccable record of fairness and im- seems determined to end the Congress 16 years of a experience as a Federal partiality. He would have been only the as it began it, obstructing President district court judge in Pennsylvania second Asian American to serve as a Obama’s judicial nominations. In No- are now being put to good use on the Federal Judge in the 150-year history vember 2009, the Senate confirmed Third Circuit. They filibustered Judge of that District. He was also the first Judge David Hamilton of Indiana to Denny Chin of the Second Circuit, who Asian American to serve the District the Seventh Circuit after rejecting a also had 16 years of experience as a as a Magistrate Judge. Judge Chen Republican filibuster of President Federal district court judge. He is now earned the highest possible rating, Obama’s first judicial nomination. the only active Asian Pacific American unanimously well qualified, from the Judge Hamilton was no radical. He had judge to serve on a Federal appellate ABA’s Standing Committee on the Fed- the support of the Senate’s senior Re- court, and his nomination was con- eral Judiciary, and he has the strong publican, the senior Senator from Indi- firmed unanimously. support of both of his home State Sen- ana. He had served nearly 15 years on Senate Republicans’ tactics reached ators. the Federal bench. Rather than wel- a new low as they obstructed consider- Jack McConnell was nominated to come the nomination as an effort by ation of district court nominations. serve as a Federal district court judge President Obama to step away from the The blockade of these nominations is a in Rhode Island. With more than 25

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.127 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11070 CONGRESSIONAL RECORD — SENATE December 22, 2010 years of experience as a lawyer in pri- Senate Republicans have systemati- ORDERS FOR WEDNESDAY, vate practice, Mr. McConnell has the cally delayed votes on consensus nomi- JANUARY 5, 2011 strong support of both Senators from nations. The length of time nomina- Mr. BAYH. Madam President, I fur- Rhode Island. Individuals and organizations were stalled before a final Senate ther ask unanimous consent that when tions from across the political spec- vote is the product of that systematic the Senate returns on Wednesday, Jan- trum in that state have called for Mr. delay. The fact is that nominations uary 5, at 12 noon, following the prayer McConnell’s confirmation. The Provi- have taken on average six times as and pledge and following the presen- dence long before final Senate consideration Journal endorsed his nomination by tation of the certificates of election after being reported from the Judiciary and the swearing in of elected Mem- saying that he ‘‘in his legal work and Committee, when comparing the con- community leadership has shown that bers, and the required live quorum, the firmations in the first two years of the morning hour be deemed expired, the he has the legal intelligence, char- Bush and Obama administrations. Sev- acter, compassion, and independence to Journal of proceedings be approved to eral consensus nominations that were date, the time for the two leaders be be a distinguished jurist.’’ A two-thirds eventually confirmed unanimously re- majority of the Judiciary Committee, reserved for their use later in the day, quired cloture petitions to be filed just and that there then be a period of including Senator GRAHAM, voted to fa- to be considered. Other evidence is the vorably report Mr. McConnell’s nomi- morning business, with Senators per- fact that more than a dozen consensus mitted to speak therein for up to 10 nation for confirmation. judicial nominations that have been The Senate should also have been minutes each. through the entire process are being able to have a debate and a vote on the The PRESIDING OFFICER. Without denied a final vote as the Senate ad- nomination of Goodwin Liu of Cali- objection, it is so ordered. journs. I know of no precedent for this. fornia to the Ninth Circuit Court of Indeed, in the lame duck session at the f Appeals. He is a professor at the Uni- end of President Bush’s second year in versity of California, Berkeley, School PROGRAM office, we proceeded to report and con- of Law, and was nominated by Presi- Mr. BAYH. Madam President, there firm controversial circuit court nomi- dent Obama to fill an emergency va- will be a live quorum at 12 noon on nees. That the Senate is not being al- cancy on the Ninth Circuit. An ac- Wednesday, January 5, to convene the lowed to consider consensus nominees claimed scholar and a nationally recog- 112th Congress. Senators are encour- awaiting a final vote is a shame and an nized expert on constitutional law and aged to report to the floor at that unnecessary burden on them and their educational law and policy, Professor time. families and for the courts and people Liu earned the highest possible rating, f unanimously well qualified, from the they would serve. ABA’s Standing Committee on the Fed- It is a travesty that all of the well- ADJOURNMENT SINE DIE eral Judiciary. He is a former Supreme qualified nominees favorably reported by the Judiciary Committee could not Mr. BAYH. Madam President, if there Court clerk and a Rhodes Scholar who is no further business to come before would be only the second, active Asian be confirmed before this Congress adjourns. That is what we did when we the Senate—let me say it has been a Pacific American judge to serve on a pleasure serving with you—I wish ev- Federal appellate court. Both of Pro- confirmed 100 judicial nominees of President Bush in 2001 and 2002. All 100 eryone here Godspeed and a Merry fessor Liu’s home state Senators sup- Christmas, and I ask unanimous con- port his nomination. of the nominees reported favorably by the Judiciary Committee received Sen- sent that the Senate adjourn under the The conservative, Republican-ap- previous order. pointed Chief Judge of the Ninth Cir- ate votes and were confirmed, all 100. They include 20 during the lameduck There being no objection, the Senate, cuit to which Professor Liu has been at 8:03 p.m., adjourned sine die. nominated has written the Senate to session that year and circuit court inform us of crushing caseloads and the nominees reported after the election. f urgent need for new judges. Justice An- This year even consensus nominees are NOMINATIONS thony Kennedy this August warned the not being allowed to be considered. Ninth Circuit Judicial Conference When the Senate returns for the Executive nomination received by about the threat posed by skyrocketing 112th Congress I hope that all Senators the Senate: judicial vacancies in California and will learn from the mounting judicial NATIONAL COUNCIL ON THE ARTS throughout the country. He noted that, vacancies and failure to make progress AGNES GUND, OF NEW YORK, TO BE A MEMBER OF THE ‘‘if judicial excellence is cast upon a in this Congress. I hope that we can NATIONAL COUNCIL ON THE ARTS. sea of congressional indifference, the follow a path toward restoring the Sen- f rule of law is imperiled.’’ ate’s longstanding traditions of expedi- NOMINATIONS RETURNED TO THE Rather than following a partisan tiously considering nominations and PRESIDENT playbook, I wish Republican Senators reject the obstruction that blocked had listened to the cross-section of peo- progress. We must do better to address The following nominations trans- ple and organizations from across the the needs of the Federal courts and the mitted by the President of the United political spectrum that have written in American people who depend on them States to the Senate during the second strong support of Professor Liu’s quali- for justice. session of the 111th Congress, and upon fications to serve on the Ninth Circuit. which no action was had at the time of These former prosecutors and judges, f the sine die adjournment of the Senate, presidents of universities, renowned failed of confirmation under the provi- academics, distinguished practitioners, LEGISLATIVE SESSION sions of rule XXXI, paragraph 6, of the advocacy groups, and district attor- The PRESIDING OFFICER. Under Standing Rules of the Senate. neys believe Professor Liu would make the previous order, the Senate will now CORPORATION FOR NATIONAL AND COMMUNITY an excellent Federal judge. So do I. resume legislative session. SERVICE I reviewed the record of each of these JONATHAN ANDREW HATFIELD, OF VIRGINIA, TO BE IN- nominees targeted for Republican op- f SPECTOR GENERAL, CORPORATION FOR NATIONAL AND position and carefully considered their COMMUNITY SERVICE. ORDER FOR ADJOURNMENT SINE RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER character, background, and qualifica- OF THE BOARD OF DIRECTORS OF THE CORPORATION DIE FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- tions. I believe they each would have MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012. been confirmed by the Senate. That Mr. BAYH. Madam President, I ask JANE D. HARTLEY, OF NEW YORK, TO BE A MEMBER OF unanimous consent that when the Sen- THE BOARD OF DIRECTORS OF THE CORPORATION FOR they will not be conservative activist NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- judges should not disqualify them from ate completes its business today, it ad- PIRING OCTOBER 6, 2014. journ sine die under the provisions of MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A consideration by the Senate or from MEMBER OF THE BOARD OF DIRECTORS OF THE COR- serving on the Federal bench. H. Con. Res. 336. PORATION FOR NATIONAL AND COMMUNITY SERVICE The PRESIDING OFFICER. Without FOR A TERM EXPIRING JUNE 10, 2014. In addition to these nominees, there MATTHEW FRANCIS MCCABE, OF PENNSYLVANIA, TO has been a destructive tact in which objection, it is so ordered. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE

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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE ROBERT STEPHEN FORD, OF MARYLAND, A CAREER EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR A TERM EXPIRING OCTOBER 6, 2013. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JOHN D. PODESTA, OF THE DISTRICT OF COLUMBIA, TO MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- CHAI RACHEL FELDBLUM, OF MARYLAND, TO BE A BE A MEMBER OF THEBOARD OF DIRECTORS OF THE COR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY PORATION FOR NATIONAL AND COMMUNITY SERVICE OF AMERICA TO THE SYRIAN ARAB REPUBLIC. COMMISSION FOR A TERM EXPIRING JULY 1, 2013, TO FOR A TERM EXPIRING OCTOBER 6, 2014. MATTHEW J. BRYZA, OF ILLINOIS, A CAREER MEMBER WHICH POSITION SHE WAS APPOINTED DURING THE LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- LAST RECESS OF THE SENATE. THE BOARD OF DIRECTORS OF THE CORPORATION FOR SELOR, TO BE AMBASSADOR EXTRAORDINARY AND JACQUELINE A. BERRIEN, OF NEW YORK, TO BE A MEM- NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- PIRING FEBRUARY 8, 2014. TO THE REPUBLIC OF AZERBAIJAN. MISSION FOR A TERM EXPIRING JULY 1, 2014, TO WHICH PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO SUZAN D. JOHNSON COOK, OF NEW YORK, TO BE AMBAS- POSITION SHE WAS APPOINTED DURING THE LAST RE- BE A MEMBER OF THE BOARD OF DIRECTORS OF THE SADOR AT LARGE FOR INTERNATIONAL RELIGIOUS CESS OF THE SENATE. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FREEDOM. VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF FOR A TERM EXPIRING OCTOBER 6, 2013. NORMAN L. EISEN, OF THE DISTRICT OF COLUMBIA, TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BE AMBASSADOR EXTRAORDINARY AND PLENI- DEPARTMENT OF AGRICULTURE FOR THE REMAINDER OF THE TERM EXPIRING JULY 1, POTENTIARY OF THE UNITED STATES OF AMERICA TO 2010, TO WHICH POSITION SHE WAS APPOINTED DURING EVAN J. SEGAL, OF PENNSYLVANIA, TO BE A MEMBER THE CZECH REPUBLIC. THE LAST RECESS OF THE SENATE. OF THE BOARD OF DIRECTORS OF THE COMMODITY LARRY LEON PALMER, OF GEORGIA, A CAREER MEM- P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUN- CREDIT CORPORATION. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- SEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- ELIZABETH ANN HAGEN, OF VIRGINIA, TO BE UNDER ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MISSION FOR A TERM OF FOUR YEARS, TO WHICH POSI- SECRETARY OF AGRICULTURE FOR FOOD SAFETY, TO DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TION HE WAS APPOINTED DURING THE LAST RECESS OF WHICH POSITION SHE WAS APPOINTED DURING THE OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- THE SENATE. LAST RECESS OF THE SENATE. EZUELA. FRANCIS JOSEPH RICCIARDONE, JR., OF MASSACHU- EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF COMMERCE SETTS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY ERIC L. HIRSCHHORN, OF MARYLAND, TO BE UNDER SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF UNITED STATES TRADE REPRESENTATIVE, WITH THE SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF RANK OF AMBASSADOR. TION. TURKEY. ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- FRANCISCO J. SANCHEZ, OF FLORIDA, TO BE UNDER MARI CARMEN APONTE, OF THE DISTRICT OF COLUM- CULTURAL NEGOTIATOR, OFFICE OF THE UNITED SECRETARY OF COMMERCE FOR INTERNATIONAL TRADE, BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- STATES TRADE REPRESENTATIVE, WITH THE RANK OF TO WHICH POSITION HE WAS APPOINTED DURING THE POTENTIARY OF THE UNITED STATES OF AMERICA TO AMBASSADOR. LAST RECESS OF THE SENATE. THE REPUBLIC OF EL SALVADOR, TO WHICH POSITION PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- ERIC L. HIRSCHHORN, OF MARYLAND, TO BE UNDER SHE WAS APPOINTED DURING THE LAST RECESS OF THE CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA- SENATE. NOLOGY POLICY. TION, TO WHICH POSITION HE WAS APPOINTED DURING GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY THE LAST RECESS OF THE SENATE. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF UNITED STATES TRADE REPRESENTATIVE, WITH THE KATHRYN D. SULLIVAN, OF OHIO, TO BE AN ASSISTANT MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- RANK OF AMBASSADOR, TO WHICH POSITION HE WAS AP- SECRETARY OF COMMERCE. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES POINTED DURING THE LAST RECESS OF THE SENATE. DEPARTMENT OF DEFENSE OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- KURT WALTER TONG, OF MARYLAND, A CAREER MEM- CULTURAL NEGOTIATOR, OFFICE OF THE UNITED SOLOMON B. WATSON IV, OF NEW YORK, TO BE GEN- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- STATES TRADE REPRESENTATIVE, WITH THE RANK OF ERAL COUNSEL OF THE DEPARTMENT OF THE ARMY. SELOR, FOR THE RANK OF AMBASSADOR DURING HIS AMBASSADOR, TO WHICH POSITION HE WAS APPOINTED JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- TENURE OF SERVICE AS UNITED STATES SENIOR OFFI- DURING THE LAST RECESS OF THE SENATE. CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR CIAL FOR THE ASIA-PACIFIC ECONOMIC COOPERATION PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- PERSONNEL AND READINESS. (APEC ) FORUM. CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- MICHAEL VICKERS, OF VIRGINIA, TO BE UNDER SEC- SUE KATHRINE BROWN, OF TEXAS, A CAREER MEMBER NOLOGY POLICY, TO WHICH POSITION HE WAS AP- RETARY OF DEFENSE FOR INTELLIGENCE. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- POINTED DURING THE LAST RECESS OF THE SENATE. DEPARTMENT OF ENERGY COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FARM CREDIT ADMINISTRATION PETER BRUCE LYONS, OF NEW MEXICO, TO BE AN AS- TO MONTENEGRO. JILL LONG THOMPSON, OF INDIANA, TO BE A MEMBER SISTANT SECRETARY OF ENERGY (NUCLEAR ENERGY). PAMELA L. SPRATLEN, OF CALIFORNIA, A CAREER OF THE FARM CREDIT ADMINISTRATION BOARD, FARM MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DEPARTMENT OF HEALTH AND HUMAN SERVICES CREDIT ADMINISTRATION, TO WHICH POSITION SHE WAS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND APPOINTED DURING THE LAST RECESS OF THE SENATE. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RICHARD SORIAN, OF NEW YORK, TO BE AN ASSISTANT TO THE KYRGYZ REPUBLIC. SECRETARY OF HEALTH AND HUMAN SERVICES. FEDERAL HOUSING FINANCE AGENCY DAVID LEE CARDEN, OF NEW YORK, TO BE REPRESENT- DONALD M. BERWICK, OF MASSACHUSETTS, TO BE AD- ATIVE OF THE UNITED STATES OF AMERICA TO THE AS- JOSEPH A. SMITH, JR., OF NORTH CAROLINA, TO BE DI- MINISTRATOR OF THE CENTERS FOR MEDICARE AND SOCIATION OF SOUTHEAST ASIAN NATIONS, WITH THE RECTOR OF THE FEDERAL HOUSING FINANCE AGENCY MEDICAID SERVICES. RANK AND STATUS OF AMBASSADOR EXTRAORDINARY FOR A TERM OF FIVE YEARS. RICHARD SORIAN, OF NEW YORK, TO BE AN ASSISTANT AND PLENIPOTENTIARY. SECRETARY OF HEALTH AND HUMAN SERVICES, TO FEDERAL MARITIME COMMISSION DANIEL L. SHIELDS III, OF PENNSYLVANIA, A CAREER WHICH POSITION HE WAS APPOINTED DURING THE LAST MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MARIO CORDERO, OF CALIFORNIA, TO BE A FEDERAL RECESS OF THE SENATE. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MARITIME COMMISSIONERFOR THE TERM EXPIRING DEPARTMENT OF HOMELAND SECURITY PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JUNE 30, 2014. TO BRUNEI DARUSSALAM. REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- RAFAEL BORRAS, OF MARYLAND, TO BE UNDER SEC- JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE REP- ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- RETARY FOR MANAGEMENT, DEPARTMENT OF HOME- RESENTATIVE OF THE UNITED STATES OF AMERICA TO ING JUNE 30, 2015. LAND SECURITY. THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- RAFAEL BORRAS, OF MARYLAND, TO BE UNDER SEC- FORM, WITH THE RANK OF AMBASSADOR. FEDERAL RESERVE SYSTEM RETARY FOR MANAGEMENT, DEPARTMENT OF HOME- JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE AL- PETER A. DIAMOND, OF MASSACHUSETTS, TO BE A LAND SECURITY, TO WHICH POSITION HE WAS AP- TERNATE REPRESENTATIVE OF THE UNITED STATES OF MEMBER OF THE BOARD OF GOVERNORS OF THE FED- POINTED DURING THE LAST RECESS OF THE SENATE. AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY ERAL RESERVE SYSTEM FOR THE UNEXPIRED TERM OF ALAN D. BERSIN, OF CALIFORNIA, TO BE COMMIS- OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- FOURTEEN YEARS FROM FEBRUARY 1, 2000. SIONER OF CUSTOMS, DEPARTMENT OF HOMELAND SE- ICE AS REPRESENTATIVE OF THE UNITED STATES OF CURITY. AMERICA TO THE UNITED NATIONS FOR U. N. MANAGE- GOVERNMENT PRINTING OFFICE MENT AND REFORM. DEPARTMENT OF JUSTICE DAVID BRUCE SHEAR, OF NEW YORK, A CAREER MEM- WILLIAM J. BOARMAN, OF MARYLAND, TO BE PUBLIC THOMAS GRAY WALKER, OF NORTH CAROLINA, TO BE BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- PRINTER. UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MARINE MAMMAL COMMISSION OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JOHN B. STEVENS, JR., OF TEXAS, TO BE UNITED OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. FRANCES M.D. GULLAND, OF CALIFORNIA, TO BE A STATES ATTORNEY FOR THE EASTERN DISTRICT OF NILS MAARTEN PARIN DAULAIRE, OF VIRGINIA, TO BE MEMBER OF THE MARINE MAMMAL COMMISSION FOR A TEXAS FOR THE TERM OF FOUR YEARS. REPRESENTATIVE OF THE UNITED STATES ON THE EX- TERM EXPIRING MAY 13, 2012. JAMES MICHAEL COLE, OF THE DISTRICT OF COLUM- ECUTIVE BOARD OF THE WORLD HEALTH ORGANIZATION. NATIONAL BOARD FOR EDUCATION SCIENCES BIA, TO BE DEPUTY ATTORNEY GENERAL. DEPARTMENT OF THE INTERIOR M. SCOTT BOWEN, OF MICHIGAN, TO BE UNITED STATES BEVERLY L. HALL, OF GEORGIA, TO BE A MEMBER OF ATTORNEY FOR THE WESTERN DISTRICT OF MICHIGAN DANIEL M. ASHE, OF MARYLAND, TO BE DIRECTOR OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR THE TERM OF FOUR YEARS. THE UNITED STATES FISH AND WILDLIFE SERVICE. FOR EDUCATION SCIENCES FOR A TERM EXPIRING TIMOTHY J. FEIGHERY, OF NEW YORK, TO BE CHAIR- DEPARTMENT OF THE TREASURY MARCH 15, 2012. MAN OF THE FOREIGN CLAIMS SETTLEMENT COMMIS- ANTHONY BRYK, OF CALIFORNIA, TO BE A MEMBER OF SION OF THE UNITED STATES FOR A TERM EXPIRING MICHAEL F. MUNDACA, OF NEW YORK, TO BE AN AS- THE BOARD OF DIRECTORS OF THE NATIONAL BOARD SEPTEMBER 30, 2012. SISTANT SECRETARY OF THE TREASURY. FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- ANDREW L. TRAVER, OF ILLINOIS, TO BE DIRECTOR, MICHAEL F. MUNDACA, OF NEW YORK, TO BE AN AS- VEMBER 28, 2015. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- SISTANT SECRETARY OF THE TREASURY, TO WHICH PO- SIVES. SITION HE WAS APPOINTED DURING THE LAST NATIONAL COUNCIL ON DISABILITY S. AMANDA MARSHALL, OF OREGON, TO BE UNITED RECESSOF THE SENATE. PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A STATES ATTORNEY FOR THEDISTRICT OF OREGON FOR TIMOTHY CHARLES SCHEVE, OF PENNSYLVANIA, TO BE MEMBER OF THE NATIONAL COUNCIL ON DISABILITY THE TERM OF FOUR YEARS. A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- FOR THE REMAINDER OF THE TERM EXPIRING SEP- ESTEBAN SOTO III, OF MARYLAND, TO BE UNITED SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, TEMBER 17, 2010. STATES MARSHAL FOR THE SUPERIOR COURT OF THE 2010. JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS. TIMOTHY CHARLES SCHEVE, OF PENNSYLVANIA, TO BE BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A DENISE ELLEN O’DONNELL, OF NEW YORK, TO BE DI- A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- TERM EXPIRING SEPTEMBER 17, 2013. RECTOR OF THE BUREAU OF JUSTICE ASSISTANCE. SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- 2015. DEPARTMENT OF LABOR BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A JEFFREY ALAN GOLDSTEIN, OF NEW YORK, TO BE AN TERM EXPIRING SEPTEMBER 17, 2013. PAUL M. TIAO, OF MARYLAND, TO BE INSPECTOR GEN- UNDER SECRETARY OF THE TREASURY. ERAL, DEPARTMENT OF LABOR. DEPARTMENT OF TRANSPORTATION NATIONAL COUNCIL ON THE ARTS LEON RODRIGUEZ, OF MARYLAND, TO BE ADMINIS- TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- ANN D. BEGEMAN, OF VIRGINIA, TO BE A MEMBER OF AGNES GUND, OF NEW YORK, TO BE A MEMBER OF THE MENT OF LABOR. THE SURFACE TRANSPORTATION BOARD FOR A TERM NATIONAL COUNCIL ON THE ARTS. EXPIRING DECEMBER 31, 2015. DEPARTMENT OF STATE NATIONAL FOUNDATION ON THE ARTS AND THE ELECTION ASSISTANCE COMMISSION HUMANITIES MARI CARMEN APONTE, OF THE DISTRICT OF COLUM- BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- THOMAS HICKS, OF VIRGINIA, TO BE A MEMBER OF THE PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER POTENTIARY OF THE UNITED STATES OF AMERICA TO ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIR- OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A THE REPUBLIC OF EL SALVADOR. ING DECEMBER 12, 2013. TERM EXPIRING JANUARY 26, 2016.

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MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO THE JUDICIARY MARK RAYMOND HORNAK, OF PENNSYLVANIA, TO BE BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- UNITED STATES DISTRICT JUDGE FOR THE WESTERN MANITIES FOR A TERM EXPIRING JANUARY 26, 2016. AMY TOTENBERG, OF GEORGIA, TO BE UNITED STATES DISTRICT OF PENNSYLVANIA. ALBERT J. BEVERIDGE III, OF THE DISTRICT OF CO- DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ROBERT DAVID MARIANI, OF PENNSYLVANIA, TO BE LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL GEORGIA. UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, EDWARD CARROLL DUMONT, OF THE DISTRICT OF CO- TRICT OF PENNSYLVANIA. 2016. LUMBIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE JOHN ANDREW ROSS, OF MISSOURI, TO BE UNITED CONSTANCE M. CARROLL, OF CALIFORNIA, TO BE A FEDERAL CIRCUIT. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- PAUL KINLOCH HOLMES, III, OF ARKANSAS, TO BE OF MISSOURI. ITIES FOR A TERM EXPIRING JANUARY 26, 2016. UNITED STATES DISTRICT JUDGE FOR THE WESTERN UNITED STATES AGENCY FOR INTERNATIONAL CATHY M. DAVIDSON, OF NORTH CAROLINA, TO BE A DISTRICT OF ARKANSAS. MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- SUSAN L. CARNEY, OF CONNECTICUT, TO BE UNITED DEVELOPMENT ITIES FOR A TERM EXPIRING JANUARY 26, 2016. STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT. ERIC G. POSTEL, OF WISCONSIN, TO BE AN ASSISTANT AARON PAUL DWORKIN, OF MICHIGAN, TO BE A MEM- ANTHONY J. BATTAGLIA, OF CALIFORNIA, TO BE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN INTERNATIONAL DEVELOPMENT. TERM EXPIRING SEPTEMBER 3, 2014. DISTRICT OF CALIFORNIA. UNITED STATES INSTITUTE OF PEACE NATIONAL LABOR RELATIONS BOARD EDWARD J. DAVILA, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A CRAIG BECKER, OF ILLINOIS, TO BE A MEMBER OF THE OF CALIFORNIA. MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED NATIONAL LABOR RELATIONS BOARD FOR THE TERM OF JAMES E. SHADID, OF ILLINOIS, TO BE UNITED STATES STATES INSTITUTE OF PEACE FOR THE REMAINDER OF FIVE YEARS EXPIRING DECEMBER 16, 2014, TO WHICH PO- DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLI- THE TERM EXPIRING SEPTEMBER 19, 2011. SITION HE WAS APPOINTED DURING THE LAST RECESS NOIS. JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A OF THE SENATE. MAX OLIVER COGBURN, JR., OF NORTH CAROLINA, TO MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED MARK GASTON PEARCE, OF NEW YORK, TO BE A MEM- BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN STATES INSTITUTE OF PEACE FOR A TERM OF FOUR BER OF THE NATIONAL LABOR RELATIONS BOARD FOR DISTRICT OF NORTH CAROLINA. YEARS. THE TERM OF FIVE YEARS EXPIRING AUGUST 27, 2013, TO JAMES E. GRAVES, JR., OF MISSISSIPPI, TO BE UNITED JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER WHICH POSITION HE WAS APPOINTED DURING THE LAST STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT. OF THE BOARD OF DIRECTORS OF THE UNITED STATES RECESS OF THE SENATE. JAMES EMANUEL BOASBERG, OF THE DISTRICT OF CO- INSTITUTE OF PEACE FOR THE REMAINDER OF THE LUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR TERM EXPIRING SEPTEMBER 19, 2011. NATIONAL MEDIATION BOARD THE DISTRICT OF COLUMBIA. JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER AMY BERMAN JACKSON, OF THE DISTRICT OF COLUM- THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF OF THE BOARD OF DIRECTORS OF THE UNITED STATES BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- INSTITUTE OF PEACE FOR A TERM OF FOUR YEARS. ING JULY 1, 2013. DISTRICT OF COLUMBIA. VICTORIA FRANCES NOURSE, OF WISCONSIN, TO BE UNITED STATES TAX COURT NATIONAL OCEANIC AND ATMOSPHERIC UNITED STATES CIRCUIT JUDGE FOR THE SEVENTH CIR- JUAN F. VASQUEZ, OF TEXAS, TO BE A JUDGE OF THE ADMINISTRATION CUIT. MARCO A. HERNANDEZ, OF OREGON, TO BE UNITED UNITED STATES TAX COURT FOR A TERM OF FIFTEEN SCOTT C. DONEY, OF MASSACHUSETTS, TO BE CHIEF STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON. YEARS. SCIENTIST OF THE NATIONAL OCEANIC AND ATMOS- STEVE C. JONES, OF GEORGIA, TO BE UNITED STATES MAURICE B. FOLEY, OF MARYLAND, TO BE A JUDGE OF PHERIC ADMINISTRATION. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF THE UNITED STATES TAX COURT FOR A TERM OF FIF- GEORGIA. TEEN YEARS. NATIONAL SCIENCE FOUNDATION SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED IN THE AIR FORCE CORA B. MARRETT, OF WISCONSIN, TO BE DEPUTY DI- STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT RECTOR OF THE NATIONAL SCIENCE FOUNDATION. OF ILLINOIS. AIR FORCE NOMINATION OF BRIGADIER GENERAL KELVIN K. DROEGEMEIER, OF OKLAHOMA, TO BE A DIANA SALDANA, OF TEXAS, TO BE UNITED STATES RICHARD T. DEVEREAUX, TO BE MAJOR GENERAL. MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF AIR FORCE NOMINATION OF MAJ. GEN. ROBIN RAND, TO SCIENCE FOUNDATION FOR A TERM EXPIRING MAY 10, TEXAS. BE LIEUTENANT GENERAL. 2016. MICHAEL H. SIMON, OF OREGON, TO BE UNITED STATES AIR FORCE NOMINATIONS BEGINNING WITH BRIGADIER DISTRICT JUDGE FOR THE DISTRICT OF OREGON. GENERAL WILLIAM R. BURKS AND ENDING WITH COLO- OFFICE OF SPECIAL COUNSEL CHARLES BERNARD DAY, OF MARYLAND, TO BE NEL ARTHUR W. HYATT, JR., WHICH NOMINATIONS WERE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF RECEIVED BY THE SENATE AND APPEARED IN THE CON- CAROLYN N. LERNER, OF MARYLAND, TO BE SPECIAL MARYLAND. GRESSIONAL RECORD ON JUNE 28, 2010. COUNSEL, OFFICE OF SPECIAL COUNSEL, FOR THE TERM KATHLEEN M. WILLIAMS, OF FLORIDA, TO BE UNITED AIR FORCE NOMINATION OF COL. DONALD P. DUNBAR, OF FIVE YEARS. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT TO BE BRIGADIER GENERAL. OFFICE OF THE DIRECTOR OF NATIONAL OF FLORIDA. AIR FORCE NOMINATION OF MAJ. GEN. JOHN D. INTELLIGENCE MARINA GARCIA MARMOLEJO, OF TEXAS, TO BE LAVELLE, TO BE GENERAL. UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN IN THE ARMY STEPHANIE O’SULLIVAN, OF VIRGINIA, TO BE PRIN- DISTRICT OF TEXAS. CIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE. ROBERT NEIL CHATIGNY, OF CONNECTICUT, TO BE ARMY NOMINATION OF COLONEL JODY J. DANIELS, TO UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- BE BRIGADIER GENERAL. OVERSEAS PRIVATE INVESTMENT CORPORATION CUIT. ARMY NOMINATION OF COLONEL DOMINIC J. GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES KATHERINE M. GEHL, OF WISCONSIN, TO BE A MEMBER CARACCILO, TO BE BRIGADIER GENERAL. CIRCUIT JUDGE FOR THE NINTH CIRCUIT. OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- ARMY NOMINATION OF BRIG. GEN. RODNEY J. BARHAM, LOUIS B. BUTLER, JR., OF WISCONSIN, TO BE UNITED VATE INVESTMENT CORPORATION FOR A TERM EXPIR- TO BE MAJOR GENERAL. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT ING DECEMBER 17, 2010. ARMY NOMINATION OF COLONEL DENISE T. ROONEY, OF WISCONSIN. MATTHEW MAXWELL TAYLOR KENNEDY, OF CALI- TO BE BRIGADIER GENERAL. EDWARD MILTON CHEN, OF CALIFORNIA, TO BE UNITED FORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT NATIONAL OCEANIC AND ATMOSPHERIC OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION OF CALIFORNIA. FOR A TERM EXPIRING DECEMBER 17, 2012. ADMINISTRATION JOHN J. MCCONNELL, JR., OF RHODE ISLAND, TO BE ROBERTO R. HERENCIA, OF ILLINOIS, TO BE A MEMBER UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- RHODE ISLAND. TION NOMINATION OF MICHAEL S. DEVANY, TO BE REAR VATE INVESTMENT CORPORATION FOR A TERM EXPIR- CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED ADMIRAL (LOWER HALF). ING DECEMBER 17, 2012. STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER IN THE NAVY BIA CIRCUIT. OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- JIMMIE V. REYNA, OF MARYLAND, TO BE UNITED VATE INVESTMENT CORPORATION FOR A TERM EXPIR- NAVY NOMINATION OF CAPTAIN LUKE M. MCCOLLUM, STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT. ING DECEMBER 17, 2010. TO BE REAR ADMIRAL (LOWER HALF). RICHARD BROOKE JACKSON, OF COLORADO, TO BE JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER NAVY NOMINATION OF REAR ADM. (LH) JAMES P. UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- MCMANAMON, TO BE REAR ADMIRAL. COLORADO. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- MAE A. D’AGOSTINO, OF NEW YORK, TO BE UNITED IN THE AIR FORCE ING DECEMBER 17, 2013. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE AIR FORCE NOMINATION OF DAVID JAURIQUE, TO BE OF NEW YORK. BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- COLONEL. CATHY BISSOON, OF PENNSYLVANIA, TO BE UNITED VESTMENT CORPORATION FOR A TERM EXPIRING DE- AIR FORCE NOMINATIONS BEGINNING WITH DAVID STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT CEMBER 17, 2011. LEWIS BUTTRICK AND ENDING WITH THEADORE L. WIL- OF PENNSYLVANIA. SON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- PENSION BENEFIT GUARANTY CORPORATION VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED ATE AND APPEARED IN THE CONGRESSIONAL RECORD STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT ON NOVEMBER 17, 2010. JOSHUA GOTBAUM, OF THE DISTRICT OF COLUMBIA, TO OF NEW YORK. AIR FORCE NOMINATIONS BEGINNING WITH MARTIN D. BE DIRECTOR OF THE PENSION BENEFIT GUARANTY COR- ROY BALE DALTON, JR., OF FLORIDA, TO BE UNITED ADAMSON AND ENDING WITH JOHN MARION VON ALMEN, PORATION, TO WHICH POSITION HE WAS APPOINTED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DURING THE LAST RECESS OF THE SENATE. FLORIDA. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- PRIVACY AND CIVIL LIBERTIES OVERSIGHT SARA LYNN DARROW, OF ILLINOIS, TO BE UNITED VEMBER 17, 2010. STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT BOARD OF ILLINOIS. FOREIGN SERVICE JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED ELISEBETH COLLINS COOK, OF ILLINOIS, TO BE A MEM- FOREIGN SERVICE NOMINATION OF BARBARA J. MAR- STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT TIN. OF CALIFORNIA. BOARD FOR A TERM EXPIRING JANUARY 29, 2014. FOREIGN SERVICE NOMINATION OF R. DOUGLASS AR- KEVIN HUNTER SHARP, OF TENNESSEE, TO BE UNITED JAMES XAVIER DEMPSEY, OF CALIFORNIA, TO BE A BUCKLE. STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- FOREIGN SERVICE NOMINATION OF HUSSAIN WAHEED TENNESSEE. SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2016. IMAM. BERNICE BOUIE DONALD, OF TENNESSEE, TO BE SMALL BUSINESS ADMINISTRATION UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- IN THE MARINE CORPS CUIT. WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE ARENDA L. WRIGHT ALLEN, OF VIRGINIA, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH JOE H. CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- UNITED STATES DISTRICT JUDGE FOR THE EASTERN ADKINS, JR. AND ENDING WITH JAMES B. ZIENTEK, MINISTRATION. DISTRICT OF VIRGINIA. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE MICHAEL FRANCIS URBANSKI, OF VIRGINIA, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- UNITED STATES DISTRICT JUDGE FOR THE WESTERN CEMBER 8, 2010. MINISTRATION, TO WHICH POSITION HE WAS APPOINTED DISTRICT OF VIRGINIA. DURING THE LAST RECESS OF THE SENATE. CLAIRE C. CECCHI, OF NEW JERSEY, TO BE UNITED f STATE JUSTICE INSTITUTE STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY. CONFIRMATIONS WILFREDO MARTINEZ, OF FLORIDA, TO BE A MEMBER ESTHER SALAS, OF NEW JERSEY, TO BE UNITED Executive nominations confirmed by OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010. JERSEY. the Senate, December 22, 2010:

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00138 Fmt 4624 Sfmt 9801 E:\CR\FM\A22DE6.060 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11073

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DEPARTMENT OF STATE To be brigadier general JACQUELINE A. BERRIEN, OF NEW YORK, TO BE A MEM- CAROL FULP, OF MASSACHUSETTS, TO BE A REP- COLONEL DONALD J. BACON BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- RESENTATIVE OF THE UNITED STATES OF AMERICA TO COLONEL WARREN D. BERRY MISSION FOR A TERM EXPIRING JULY 1, 2014. THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY COLONEL CASEY D. BLAKE CHAI RACHEL FELDBLUM, OF MARYLAND, TO BE A OF THE UNITED NATIONS. COLONEL MARK ANTHONY BROWN MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY JEANNE SHAHEEN, OF NEW HAMPSHIRE, TO BE A REP- COLONEL STEPHEN A. CLARK COMMISSION FOR A TERM EXPIRING JULY 1, 2013. RESENTATIVE OF THE UNITED STATES OF AMERICA TO COLONEL ANTHONY J. COTTON P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUN- THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY COLONEL THOMAS H. DEALE SEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- OF THE UNITED NATIONS. COLONEL STEPHEN T. DENKER MISSION FOR A TERM OF FOUR YEARS. ROGER F. WICKER, OF MISSISSIPPI, TO BE A REP- COLONEL JOHN L. DOLAN VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF RESENTATIVE OF THE UNITED STATES OF AMERICA TO COLONEL MICHAEL E. FORTNEY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY COLONEL PETER E. GERSTEN FOR THE REMAINDER OF THE TERM EXPIRING JULY 1, OF THE UNITED NATIONS. COLONEL ROBERT P. GIVENS 2010. GREGORY J. NICKELS, OF WASHINGTON, TO BE AN AL- COLONEL THOMAS F. GOULD VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF TERNATE REPRESENTATIVE OF THE UNITED STATES OF COLONEL TIMOTHY S. GREEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AMERICA TO THE SIXTY-FIFTH SESSION OF THE GEN- COLONEL GINA M. GROSSO FOR A TERM EXPIRING JULY 1, 2015. ERAL ASSEMBLY OF THE UNITED NATIONS. COLONEL JOSEPH T. GUASTELLA, JR. WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- COLONEL DAVID A. HARRIS THE JUDICIARY BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- COLONEL DARYL J. HAUCK REER MINISTER, TO BE AN ASSISTANT SECRETARY OF SCOTT M. MATHESON, JR., OF UTAH, TO BE UNITED COLONEL JOHN M. HICKS STATE (INTERNATIONAL NARCOTICS AND LAW ENFORCE- STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT. COLONEL JOHN P. HORNER MENT AFFAIRS). COLONEL CHARLES K. HYDE DEPARTMENT OF DEFENSE UNITED STATES AGENCY FOR INTERNATIONAL COLONEL PATRICK C. MALACKOWSKI COLONEL JAMES R. MARRS JONATHAN WOODSON, OF MASSACHUSETTS, TO BE AN DEVELOPMENT COLONEL LAWRENCE M. MARTIN, JR. ASSISTANT SECRETARY OF DEFENSE. PAIGE EVE ALEXANDER, OF GEORGIA, TO BE AN AS- COLONEL JEFFREY R. MCDANIELS THE JUDICIARY SISTANT ADMINISTRATOR OF THE UNITED STATES COLONEL MARK M. MCLEOD AGENCY FOR INTERNATIONAL DEVELOPMENT. COLONEL JOHN K. MCMULLEN MARY HELEN MURGUIA, OF ARIZONA, TO BE UNITED COLONEL LINDA R. MEDLER STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. MILLENNIUM CHALLENGE CORPORATION COLONEL MATTHEW H. MOLLOY KATHLEEN M. O’MALLEY, OF OHIO, TO BE UNITED MARK GREEN, OF WISCONSIN, TO BE A MEMBER OF THE COLONEL MICHAEL T. PLEHN STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT. COLONEL MARGARET B. POORE BERYL ALAINE HOWELL, OF THE DISTRICT OF COLUM- BOARD OF DIRECTORS OF THE MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF THREE YEARS. COLONEL THOMAS J. SHARPY BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE COLONEL BRADFORD J. SHWEDO DISTRICT OF COLUMBIA. DEPARTMENT OF STATE COLONEL RICHARD S. STAPP ROBERT LEON WILKINS, OF THE DISTRICT OF COLUM- COLONEL DAVID R. STILWELL THOMAS R. NIDES, OF THE DISTRICT OF COLUMBIA, TO BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE COLONEL ROGER W. TEAGUE DISTRICT OF COLUMBIA. BE DEPUTY SECRETARY OF STATE FOR MANAGEMENT AND RESOURCES. COLONEL DAVID C. UHRICH STATE JUSTICE INSTITUTE COLONEL ROGER H. WATKINS MILLENNIUM CHALLENGE CORPORATION COLONEL MARK W. WESTERGREN WILFREDO MARTINEZ, OF FLORIDA, TO BE A MEMBER COLONEL SCOTT J. ZOBRIST OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE ALAN J. PATRICOF, OF NEW YORK, TO BE A MEMBER OF INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2013. THE BOARD OF DIRECTORS OF THE MILLENNIUM CHAL- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHASE THEODORA ROGERS, OF CONNECTICUT, TO BE A LENGE CORPORATION FOR A TERM OF TWO YEARS. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- MEMBER OF THE BOARD OF DIRECTORS OF THE STATE DEPARTMENT OF AGRICULTURE CATED UNDER TITLE 10, U.S.C., SECTION 12203: JUSTICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER To be major general 17, 2012. RAMONA EMILIA ROMERO, OF PENNSYLVANIA, TO BE ISABEL FRAMER, OF OHIO, TO BE A MEMBER OF THE GENERAL COUNSEL OF THE DEPARTMENT OF AGRI- BRIGADIER GENERAL THOMAS P. HARWOOD III BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- CULTURE. BRIGADIER GENERAL ROBERT K. MILLMANN, JR. TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. SOCIAL SECURITY ADMINISTRATION BRIGADIER GENERAL WILLIAM F. SCHAUFFERT BRIGADIER GENERAL MICHAEL N. WILSON GOVERNMENT ACCOUNTABILITY OFFICE CAROLYN W. COLVIN, OF MARYLAND, TO BE DEPUTY BRIGADIER GENERAL JOHN T. WINTERS, JR. EUGENE LOUIS DODARO, OF VIRGINIA, TO BE COMP- COMMISSIONER OF SOCIAL SECURITY FOR THE TERM EX- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TROLLER GENERAL OF THE UNITED STATES FOR A TERM PIRING JANUARY 19, 2013. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- OF FIFTEEN YEARS. IN THE AIR FORCE CATED UNDER TITLE 10, U.S.C., SECTION 12203: MISSISSIPPI RIVER COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general SAMUEL EPSTEIN ANGEL, OF ARKANSAS, TO BE A IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL RANDALL C. GUTHRIE MEMBER OF THE MISSISSIPPI RIVER COMMISSION FOR A CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL NORMAN R. HAM, JR. TERM OF NINE YEARS. To be major general COLONEL RONALD B. MILLER DEPARTMENT OF JUSTICE BRIG. GEN. OTIS G. MANNON COLONEL JOHN J. MOONEY III COLONEL DAVID B. O’BRIEN MICHELE MARIE LEONHART, OF CALIFORNIA, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL RICHARD W. SCOBEE ADMINISTRATOR OF DRUG ENFORCEMENT. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL JOCELYN M. SENG STACIA A. HYLTON, OF VIRGINIA, TO BE DIRECTOR OF CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL WILLIAM B. WALDROP, JR. THE UNITED STATES MARSHALS SERVICE. VICE JOHN F. COLONEL TOMMY J. WILLIAMS CLARK, RESIGNED. To be major general COLONEL EDWARD P. YARISH NATIONAL BOARD FOR EDUCATION SCIENCES BRIG. GEN. RICHARD T. DEVEREAUX COLONEL SHEILA ZUEHLKE ROBERT ANACLETUS UNDERWOOD, OF GUAM, TO BE A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MEMBER OF THE BOARD OF DIRECTORS OF THE NA- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE OF THE AIR FORCE TO THE GRADES INDICATED UNDER EXPIRING NOVEMBER 28, 2012. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ANTHONY BRYK, OF CALIFORNIA, TO BE A MEMBER OF 601: To be major general THE BOARD OF DIRECTORS OF THE NATIONAL BOARD To be lieutenant general FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- BRIGADIER GENERAL FRANCES M. AUCLAIR VEMBER 28, 2011. MAJ. GEN. CHARLES R. DAVIS BRIGADIER GENERAL BARRY K. COLN KRIS D. GUTIERREZ, OF COLORADO, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL JEFFREY R. JOHNSON OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL MARY J. KIGHT FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL THOMAS R. MOORE VEMBER 28, 2012. BRIGADIER GENERAL JOHN F. NICHOLS To be major general BRIGADIER GENERAL LEON S. RICE DEPARTMENT OF EDUCATION BRIG. GEN. MICHELLE D. JOHNSON BRIGADIER GENERAL GARY L. SAYLER SEAN P. BUCKLEY, OF NEW YORK, TO BE COMMIS- BRIGADIER GENERAL SCOTT B. SCHOFIELD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- BRIGADIER GENERAL JONATHAN T. TREACY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ING JUNE 21, 2015. BRIGADIER GENERAL DELILAH R. WORKS CATED UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general INSTITUTE OF MUSEUM AND LIBRARY SERVICES To be major general SUSAN H. HILDRETH, OF WASHINGTON, TO BE DIREC- COLONEL STEVEN P. BULLARD BRIG. GEN. BRETT T. WILLIAMS TOR OF THE INSTITUTE OF MUSEUM AND LIBRARY SERV- COLONEL MICHAEL B. COMPTON ICES. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MURRAY A. HANSEN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL JEFFREY W. HAUSER NATIONAL FOUNDATION ON THE ARTS AND THE CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL WILLIAM O. HILL HUMANITIES To be major general COLONEL JEROME P. LIMOGE, JR. COLONEL DONALD A. MCGREGOR ALLISON BLAKELY, OF MASSACHUSETTS, TO BE A BRIG. GEN. JAMES M. HOLMES COLONEL TONY E. MCMILLIAN MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- COLONEL GREGORY L. NELSON THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ITIES FOR A TERM EXPIRING JANUARY 26, 2016. COLONEL GARY L. NOLAN STATES OFFICER FOR APPOINTMENT IN THE RESERVE COLONEL MICHAEL E. STENCEL UNITED STATES SENTENCING COMMISSION OF THE AIR FORCE TO THE GRADE INDICATED UNDER COLONEL RICHARD G. TURNER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: PATTI B. SARIS, OF MASSACHUSETTS, TO BE A MEM- COLONEL WILLIAM L. WELSH BER OF THE UNITED STATES SENTENCING COMMISSION To be brigadier general COLONEL DANIEL J. ZACHMAN FOR A TERM EXPIRING OCTOBER 31, 2015. DABNEY LANGHORNE FRIEDRICH, OF MARYLAND, TO COL. WAYNE E. LEE IN THE ARMY BE A MEMBER OF THE UNITED STATES SENTENCING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COMMISSION FOR A TERM EXPIRING OCTOBER 31, 2015. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- PATTI B. SARIS, OF MASSACHUSETTS, TO BE CHAIR OF CATED UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE UNITED STATES SENTENCING COMMISSION. To be brigadier general To be major general OVERSEAS PRIVATE INVESTMENT CORPORATION COL. TIMOTHY T. JEX BRIG. GEN. JON J. MILLER KEVIN GLENN NEALER, OF MARYLAND, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PRIVATE INVESTMENT CORPORATION FOR A TERM EX- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED PIRING DECEMBER 17, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 06:51 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00139 Fmt 4624 Sfmt 9801 E:\CR\FM\A22DE6.072 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S11074 CONGRESSIONAL RECORD — SENATE December 22, 2010 To be major general SERVE OF THE ARMY TO THE GRADE INDICATED UNDER BRIGADIER GENERAL BARBARANETTE T. BOLDEN TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRIGADIER GENERAL GLENN H. CURTIS BRIGADIER GENERAL ROBERT M. BROWN BRIGADIER GENERAL STEPHEN C. DABADIE To be major general BRIGADIER GENERAL JONATHAN E. FARNHAM THE FOLLOWING ARMY NATIONAL GUARD OF THE BRIG. GEN. MANUEL ORTIZ, JR. BRIGADIER GENERAL LEODIS T. JENNINGS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIGADIER GENERAL SCOTT W. JOHNSON SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be brigadier general To be brigadier general UNDER TITLE 10, U.S.C., SECTION 624: COLONEL DOMINIC D. ARCHIBALD COLONEL ARTHUR G. AUSTIN, JR. COL. BENJAMIN F. ADAMS III To be major general COLONEL CRAIG A. BARGFREDE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL ROBERT B. ABRAMS COLONEL COURTNEY P. CARR IN THE RESERVE OF THE ARMY TO THE GRADES INDI- BRIGADIER GENERAL ALLISON T. AYCOCK COLONEL JOEL D. CUSKER CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRIGADIER GENERAL PETER C. BAYER, JR. COLONEL PATRICK J. DOLAN BRIGADIER GENERAL JAMES C. BOOZER, SR. COLONEL DAVID A. GALLOWAY To be major general BRIGADIER GENERAL JEFFREY S. BUCHANAN COLONEL SCOTT F. GEDLING BRIGADIER GENERAL DOUGLAS P. ANSON BRIGADIER GENERAL GARY H. CHEEK COLONEL KEVIN S. GERDES BRIGADIER GENERAL ROBERT G. CATALANOTTI BRIGADIER GENERAL KENDALL P. COX COLONEL JUAN L. GRIEGO BRIGADIER GENERAL GREGORY E. COUCH BRIGADIER GENERAL WILLIAM T. CROSBY COLONEL RALPH H. GROOVER III BRIGADIER GENERAL DAVID S. ELMO BRIGADIER GENERAL ANTHONY G. CRUTCHFIELD COLONEL STEPHEN R. HOGAN BRIGADIER GENERAL JEFFERY E. PHILLIPS BRIGADIER GENERAL PETER N. FULLER COLONEL DANIEL R. HOKANSON BRIGADIER GENERAL ROBERT P. STALL BRIGADIER GENERAL WILLIAM K. FULLER COLONEL GARY E. HUFFMAN BRIGADIER GENERAL WILLIAM D. WAFF BRIGADIER GENERAL WALTER M. GOLDEN, JR. COLONEL RUTH A. IRWIN BRIGADIER GENERAL PATRICK M. HIGGINS COLONEL STEPHEN E. JOYCE To be brigadier general BRIGADIER GENERAL FREDERICK B. HODGES COLONEL RICHARD F. KEENE BRIGADIER GENERAL ANTHONY R. IERARDI COLONEL DANIEL R. AMMERMAN COLONEL TERRY A. LAMBERT BRIGADIER GENERAL RICHARD C. LONGO COLONEL EDWARD G. BURLEY COLONEL DANIEL B. LEATHERMAN BRIGADIER GENERAL ALAN R. LYNN COLONEL WILLIAM F. DUFFY COLONEL ELTON LEWIS BRIGADIER GENERAL DAVID L. MANN COLONEL PATRICK J. REINERT COLONEL TIMOTHY M. MCKEITHEN COLONEL DOUGLAS R. SATTERFIELD BRIGADIER GENERAL BRADLEY W. MAY COLONEL PAUL J. PENA COLONEL JOHN H. TURNER III BRIGADIER GENERAL LLOYD MILES COLONEL MATTHEW T. QUINN COLONEL HUGH C. VANROOSEN II BRIGADIER GENERAL MARK A. MILLEY COLONEL MARK A. RUSSO COLONEL RICKY L. WADDELL BRIGADIER GENERAL JENNIFER L. NAPPER COLONEL ORLANDO SALINAS BRIGADIER GENERAL JOHN W. NICHOLSON, JR. COLONEL BRYAN L. SAUCERMAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL RAYMOND P. PALUMBO COLONEL MICHAEL D. SCHWARTZ IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIGADIER GENERAL GARY S. PATTON COLONEL TIMOTHY L. SHEPPARD WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIGADIER GENERAL MARK W. PERRIN COLONEL REX A. SPITLER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL WILLIAM E. RAPP COLONEL DONALD B. TATUM To be general BRIGADIER GENERAL THOMAS J. RICHARDSON COLONEL JAMES E. TAYLOR BRIGADIER GENERAL FREDERICK S. RUDESHEIM GEN. CARTER F. HAM BRIGADIER GENERAL BENNET S. SACOLICK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL FRANK D. TURNER III IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE BRIGADIER GENERAL KEVIN R. WENDEL WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIGADIER GENERAL LARRY D. WYCHE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general TO THE GRADE INDICATED IN THE UNITED STATES ARMY MAJ. GEN. HOWARD B. BROMBERG To be brigadier general UNDER TITLE 10, U.S.C., SECTION 624: COL. BRIAN K. BALFE THE FOLLOWING ARMY NATIONAL GUARD OF THE To be brigadier general UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. JEFFREY L. BAILEY RESERVE OF THE ARMY TO THE GRADES INDICATED TO GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general To be brigadier general TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL GREGORY W. BATTS COLONEL BRADLEY A. BECKER To be brigadier general BRIGADIER GENERAL BRENT M. BOYLES COLONEL SCOTT D. BERRIER BRIGADIER GENERAL JEFFERSON S. BURTON COLONEL MICHAEL A. BILLS COL. CURT A. RAUHUT BRIGADIER GENERAL LAWRENCE E. DUDNEY, JR. COLONEL GWENDOLYN BINGHAM BRIGADIER GENERAL BURTON K. FRANCISCO COLONEL DAVID J. BISHOP THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL CHARLES H. GAILES, JR. COLONEL MATTHEW L. BRAND IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIGADIER GENERAL GARY M. HARA COLONEL JAMES B. BURTON UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: BRIGADIER GENERAL TIMOTHY J. KADAVY COLONEL JOHN W. CHARLTON To be brigadier general, judge advocate BRIGADIER GENERAL PATRICK A. MURPHY COLONEL GUY T. COSENTINO BRIGADIER GENERAL TIMOTHY E. ORR COLONEL JAMES H. DICKINSON general’s corps BRIGADIER GENERAL DAVID C. PETERSEN COLONEL TIMOTHY J. EDENS COL. FLORA D. DARPINO COLONEL CHARLES A. FLYNN To be brigadier general COLONEL GEORGE J. FRANZ III THE FOLLOWING ARMY NATIONAL GUARD OF THE COLONEL JERRY R. ACTON, JR. COLONEL THEODORE C. HARRISON UNITED STATES OFFICERS FOR APPOINTMENT IN THE COLONEL DALLEN S. ATACK COLONEL FREDERICK A. HENRY RESERVE OF THE ARMY TO THE GRADES INDICATED COLONEL JAMES P. BEGLEY III COLONEL TERENCE J. HILDNER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COLONEL ALAN J. BUTSON COLONEL HENRY L. HUNTLEY To be major general COLONEL WALTER E. FOUNTAIN COLONEL PAUL C. HURLEY, JR. COLONEL RICHARD J. GALLANT COLONEL MARK S. INCH BRIGADIER GENERAL JOSEPH L. CULVER COLONEL ALBERTO C. GONZALEZ COLONEL FERDINAND IRIZARRY II BRIGADIER GENERAL FRANCIS P. GONZALES COLONEL JOHNNY H. ISAAK COLONEL THOMAS S. JAMES, JR. BRIGADIER GENERAL DAVID L. HARRIS COLONEL GREGORY L. KENNEDY COLONEL OLE A. KNUDSON BRIGADIER GENERAL JAMES R. JOSEPH COLONEL ARTHUR J. LOGAN COLONEL THOMAS W. KULA BRIGADIER GENERAL JEFF W. MATHIS III COLONEL NEAL G. LOIDOLT COLONEL CLARK W. LEMASTERS, JR. BRIGADIER GENERAL HENRY C. MCCANN COLONEL JEFFREY P. MARLETTE COLONEL THEODORE D. MARTIN BRIGADIER GENERAL STEVEN N. WICKSTROM COLONEL TED MARTINELL COLONEL BRIAN J. MCKIERNAN To be brigadier general COLONEL EDWARD R. MORGAN COLONEL ROBIN L. MEALER COLONEL MICHAEL D. NAVRKAL COLONEL JOHN B. MORRISON, JR. COLONEL JAMES A. ADKINS COLONEL LEESA J. PAPIER COLONEL SEAN P. MULHOLLAND COLONEL DEBORAH A. ASHENHURST COLONEL KENNETH L. REINER COLONEL KEVIN G. O’CONNELL COLONEL ELIZABETH D. AUSTIN COLONEL SEAN A. RYAN COLONEL BARRYE L. PRICE COLONEL LINDA C. BODE COLONEL KENNETH A. SANCHEZ COLONEL MARK R. QUANTOCK COLONEL DARLENE M. GOFF COLONEL STEVEN T. SCOTT COLONEL JAMES M. RICHARDSON COLONEL SCOTT A. GRONEWOLD COLONEL WILLIAM L. STOPPEL COLONEL DARSIE D. ROGERS, JR. COLONEL BRIAN C. HARRIS COLONEL LEE E. TAFANELLI COLONEL MARTIN P. SCHWEITZER COLONEL JAMES M. HARRIS COLONEL KEITH Y. TAMASHIRO COLONEL JEFFREY A. SINCLAIR COLONEL SAMUEL L. HENRY COLONEL GUY E. THOMAS COLONEL RICHARD L. STEVENS COLONEL JAY J. HOOPER COLONEL NEIL H. TOLLEY COLONEL PETER D. UTLEY COLONEL KEITH E. KNOWLTON COLONEL DAVID S. VISSER COLONEL GARY J. VOLESKY COLONEL FRANCIS S. LAUDANO III COLONEL MARIANNE E. WATSON COLONEL KIRK F. VOLLMECKE COLONEL RUSTY L. LINGENFELTER COLONEL MARTHA N. WONG COLONEL DARRYL A. WILLIAMS COLONEL JUDD H. LYONS COLONEL ANTHONY WOODS COLONEL MICHAEL E. WILLIAMSON COLONEL EUGENE L. MASCOLO COLONEL CEDRIC T. WINS IN THE NAVY COLONEL MICHAEL W. MCHENRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL KEVIN L. MCNEELY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL GLEN E. MOORE IN THE UNITED STATES NAVY RESERVE TO THE GRADE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL OLIVER L. NORRELL III INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL WILLIAM J. O’NEILL COLONEL VICTOR S. PEREZ To be rear admiral (lower half) To be lieutenant general COLONEL HARVE T. ROMINE CAPT. THOMAS E. BEEMAN LT. GEN. MICHAEL D. BARBERO COLONEL JOANNE F. SHERIDAN COLONEL PAUL G. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL PETER C. VANAMBURGH IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL KATHY J. WRIGHT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be vice admiral To be lieutenant general RESERVE OF THE ARMY TO THE GRADES INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: REAR ADM. GERALD R. BEAMAN MAJ. GEN. MICHAEL FERRITER To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIGADIER GENERAL RICKY G. ADAMS UNDER TITLE 10, U.S.C., SECTION 156:

VerDate Mar 15 2010 05:57 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00140 Fmt 4624 Sfmt 9801 E:\CR\FM\A22DE6.076 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S11075 To be rear admiral (lower half) NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CAPT. JAMES W. CRAWFORD III 8, 2010. 18, 2010. AIR FORCE NOMINATIONS BEGINNING WITH EDWARD R. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDERSON III AND ENDING WITH DAVID H. ZONIES, IN THE MARINE CORPS IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- MARINE CORPS NOMINATIONS BEGINNING WITH BRAN- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CEMBER 8, 2010. DON M. BOLLING AND ENDING WITH WYETH M. TOWLE, To be vice admiral AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ALFARO AND ENDING WITH SARA M. WILSON, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- VICE ADM. RICHARD W. HUNT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VEMBER 18, 2010. IN THE MARINE CORPS PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 8, 2010. IN THE NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH COREY R. IN THE UNITED STATES MARINE CORPS TO THE GRADE ANDERSON AND ENDING WITH SON X. VU, WHICH NOMI- NAVY NOMINATIONS BEGINNING WITH PATRICK C. DAN- INDICATED UNDER TITLE 10, U.S.C., SECTION 624: NATIONS WERE RECEIVED BY THE SENATE AND AP- IELS AND ENDING WITH THOMAS L. EDLER, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER NATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general 8, 2010. PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIGADIER GENERAL KENNETH F. MCKENZIE, JR. IN THE ARMY TEMBER 29, 2010. NAVY NOMINATION OF MATTHEW R. FOMBY, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF MICHAEL P. MCGAFFIGAN, TO LIEUTENANT COMMANDER. TO THE GRADE OF LIEUTENANT GENERAL IN THE BE MAJOR. NAVY NOMINATION OF RONNY L. JACKSON, TO BE CAP- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATIONS BEGINNING WITH EDWIN E. AHL TAIN. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER AND ENDING WITH D002419, WHICH NOMINATIONS WERE NAVY NOMINATION OF FREDERICK G. PANICO, TO BE TITLE 10, U.S.C., SECTION 601: RECEIVED BY THE SENATE AND APPEARED IN THE CON- CAPTAIN. To be lieutenant general GRESSIONAL RECORD ON SEPTEMBER 20, 2010. NAVY NOMINATIONS BEGINNING WITH DANIEL J. ARMY NOMINATIONS BEGINNING WITH DIANE J. BOESE TRAUB AND ENDING WITH WAYNE M. BURR, WHICH NOMI- LT. GEN. JOHN M. PAXTON, JR. AND ENDING WITH PHILIP N. WASYLINA, WHICH NOMINA- NATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 29, 2010. 17, 2010. TO THE GRADE OF LIEUTENANT GENERAL IN THE ARMY NOMINATION OF ROBERT C. DORMAN, TO BE NAVY NOMINATIONS BEGINNING WITH AUNTOWHAN M. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A COLONEL. ANDREWS AND ENDING WITH CHRISTOPHER W. WOLFF, POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ARMY NOMINATION OF DAVID A. NIEMIEC, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TITLE 10, U.S.C., SECTION 601: MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ARMY NOMINATION OF WILLIAM L. VANASSE, TO BE To be lieutenant general VEMBER 18, 2010. MAJOR. NAVY NOMINATIONS BEGINNING WITH MATTHEW A. ARMY NOMINATION OF GEORGE A. CARPENTER, TO BE MAJ. GEN. KENNETH J. GLUECK, JR. MCQUEEN AND ENDING WITH CHARLES E. VARSOGEA, MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF SUSAN A. CASTORINA, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- TO THE GRADE OF LIEUTENANT GENERAL IN THE MAJOR. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATIONS BEGINNING WITH THERESA C. VEMBER 18, 2010. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER COWGER AND ENDING WITH MARIE N. WRIGHT, WHICH NAVY NOMINATION OF BRIAN L. BEATTY, TO BE LIEU- TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER. NAVY NOMINATION OF JON C. CANNON, TO BE COM- To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. MANDER. MAJ. GEN. ROBERT E. MILSTEAD, JR. ARMY NOMINATIONS BEGINNING WITH PAULA S. OLI- VER AND ENDING WITH GARY D. RIGGS, WHICH NOMINA- FOREIGN SERVICE IN THE AIR FORCE TIONS WERE RECEIVED BY THE SENATE AND APPEARED FOREIGN SERVICE NOMINATIONS BEGINNING WITH IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. ARMY NOMINATIONS BEGINNING WITH JOSEPH C. CONNOR CHERER AND ENDING WITH BERNADETTE RE- ABELL AND ENDING WITH RAY A. ZUNIGA, WHICH NOMI- CARVER AND ENDING WITH GARY L. PAULSON, WHICH GINA ZIELINSKI, WHICH NOMINATIONS WERE RECEIVED NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BY THE SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER RECORD ON JULY 21, 2010. TEMBER 23, 2010. 17, 2010. FOREIGN SERVICE NOMINATIONS BEGINNING WITH AIR FORCE NOMINATION OF JOSEPH T. FETSCH, TO BE ARMY NOMINATION OF JOHN E. JOHNSON II, TO BE HEATHER M. ROGERS AND ENDING WITH STEPHANIE L. COLONEL. MAJOR. WOODARD, WHICH NOMINATIONS WERE RECEIVED BY AIR FORCE NOMINATION OF SUZANNE M. HENDERSON, ARMY NOMINATION OF ANDREW S. DREIER, TO BE THE SENATE AND APPEARED IN THE CONGRESSIONAL TO BE LIEUTENANT COLONEL. LIEUTENANT COLONEL. RECORD ON SEPTEMBER 23, 2010. AIR FORCE NOMINATIONS BEGINNING WITH CHARLES ARMY NOMINATIONS BEGINNING WITH KEVIN D. FOREIGN SERVICE NOMINATIONS BEGINNING WITH JO- R. CORNELISSE AND ENDING WITH GERALD D. MCMANUS, ELLSON AND ENDING WITH STEVEN J. OLSON, WHICH SEPH FARINELLA AND ENDING WITH JOSEPH C. WIL- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER SENATE AND APPEARED IN THE CONGRESSIONAL VEMBER 17, 2010. 17, 2010. RECORD ON SEPTEMBER 23, 2010. AIR FORCE NOMINATIONS BEGINNING WITH ENEYA H. ARMY NOMINATIONS BEGINNING WITH PHILLIP R. FOREIGN SERVICE NOMINATIONS BEGINNING WITH PA- MULAGHA AND ENDING WITH CLAUDIA P. ZIMMERMANN, GLICK AND ENDING WITH WILLIAM G. SUVER, WHICH TRICIA A. BUTENIS AND ENDING WITH KEITH A. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SWINEHART, WHICH NOMINATIONS WERE RECEIVED BY AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER THE SENATE AND APPEARED IN THE CONGRESSIONAL VEMBER 17, 2010. 17, 2010. RECORD ON SEPTEMBER 29, 2010. AIR FORCE NOMINATIONS BEGINNING WITH LENA R. ARMY NOMINATIONS BEGINNING WITH KEVIN ACOSTA FOREIGN SERVICE NOMINATIONS BEGINNING WITH HASKELL AND ENDING WITH WILLIAM A. SOBLE, WHICH AND ENDING WITH ROBERT K. YIM, WHICH NOMINATIONS LOUIS JOHN FINTOR AND ENDING WITH THOMAS F. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE GRAY, JR., WHICH NOMINATIONS WERE RECEIVED BY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. THE SENATE AND APPEARED IN THE CONGRESSIONAL 17, 2010. ARMY NOMINATIONS BEGINNING WITH MARY E. RECORD ON NOVEMBER 17, 2010. AIR FORCE NOMINATIONS BEGINNING WITH RANDON H. ABRAMS AND ENDING WITH D002043, WHICH NOMINATIONS FOREIGN SERVICE NOMINATIONS BEGINNING WITH DRAPER AND ENDING WITH ANDREW S. WILLIAMS, WERE RECEIVED BY THE SENATE AND APPEARED IN THE ALAN HALLMAN AND ENDING WITH RICHARD G. SIMP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. SON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ARMY NOMINATIONS BEGINNING WITH TIMOTHY P. ATE AND APPEARED IN THE CONGRESSIONAL RECORD VEMBER 17, 2010. ALBERS AND ENDING WITH G001187, WHICH NOMINATIONS ON NOVEMBER 17, 2010. AIR FORCE NOMINATIONS BEGINNING WITH JANELLE E. WERE RECEIVED BY THE SENATE AND APPEARED IN THE FOREIGN SERVICE NOMINATIONS BEGINNING WITH COSTA AND ENDING WITH JEROME E. WIZDA, WHICH CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. LLOYD S. HARBERT AND ENDING WITH DARYL A. BREHM, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH ELLEN J. AB- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BOTT AND ENDING WITH MICHAEL W. YOUNG, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- 17, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VEMBER 17, 2010. AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM J. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER FOREIGN SERVICE NOMINATIONS BEGINNING WITH ANNEXSTAD AND ENDING WITH STACEY J. VETTER, 17, 2010. JAMES FRANKLIN JEFFREY AND ENDING WITH EARL A. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH JOHN C. ALLRED WAYNE, WHICH NOMINATIONS WERE RECEIVED BY THE AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- AND ENDING WITH D001821, WHICH NOMINATIONS WERE SENATE AND APPEARED IN THE CONGRESSIONAL VEMBER 17, 2010. RECEIVED BY THE SENATE AND APPEARED IN THE CON- RECORD ON NOVEMBER 18, 2010. AIR FORCE NOMINATIONS BEGINNING WITH RYAN J. GRESSIONAL RECORD ON NOVEMBER 17, 2010. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ALBRECHT AND ENDING WITH GABRIEL MATTHEW ARMY NOMINATIONS BEGINNING WITH JOHN W. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE AARSEN AND ENDING WITH LOREN T. ZWEIG, WHICH QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY SENATE AND APPEARED IN THE CONGRESSIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONSTITUTED COMMITTEE OF THE SENATE. RECORD ON NOVEMBER 17, 2010. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER AIR FORCE NOMINATION OF PAUL L. SHEROUSE, TO BE 17, 2010. DEPARTMENT OF JUSTICE COLONEL. ARMY NOMINATIONS BEGINNING WITH JOHN G. FELTZ AIR FORCE NOMINATION OF GABRIEL C. AVILLA, TO BE AND ENDING WITH LOUIS W. WILHAM, WHICH NOMINA- RUSSEL EDWIN BURGER, OF OREGON, TO BE UNITED MAJOR. TIONS WERE RECEIVED BY THE SENATE AND APPEARED STATES MARSHAL FOR THE DISTRICT OF OREGON FOR AIR FORCE NOMINATIONS BEGINNING WITH NATHAN P. IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. THE TERM OF FOUR YEARS. CHRISTENSEN AND ENDING WITH SARA A. ARMY NOMINATION OF KATHLEEN M. FLOCKE, TO BE CHARLES EDWARD ANDREWS, OF ALABAMA, TO BE WHITTINGHAM, WHICH NOMINATIONS WERE RECEIVED MAJOR. UNITED STATES MARSHAL FOR THE SOUTHERN DIS- BY THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF GARY A. VROEGINDEWEY, TO BE TRICT OF ALABAMA FOR THE TERM OF FOUR YEARS. RECORD ON NOVEMBER 18, 2010. COLONEL. CHRISTOPHER R. THYER, OF ARKANSAS, TO BE UNITED AIR FORCE NOMINATIONS BEGINNING WITH JESSICA L. ARMY NOMINATIONS BEGINNING WITH CRAIG S. STATES ATTORNEY FOR THE EASTERN DISTRICT OF AR- ABBOTT AND ENDING WITH ANDREW J. WYNN, WHICH BROOKS AND ENDING WITH BENNIE W. SWINK, WHICH KANSAS FOR THE TERM OF FOUR YEARS.

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IN HONOR OF STEPHEN J. ROSS in Afghanistan. There are no words that can PETES Act. To maintain economic growth and fill the far reaching potential of this young a high standard of living, our nation must re- HON. JIM GERLACH man. However, I have no doubt he touched main competitive in a global economy. To be OF PENNSYLVANIA many lives during his very short time on Earth competitive, U.S. companies must engage in and his life will continue through them. trade, preserve market shares, and provide IN THE HOUSE OF REPRESENTATIVES Conrado attended Seaside High School and sustainable products, processes, and services. Wednesday, December 22, 2010 was a member of the school’s Junior Reserve Scientific and technological advances serve as Mr. GERLACH. Madam Speaker, I rise Officer Training Corps. It is evident he was critical components of economic growth be- today to honor Stephen ‘‘Steve’’ J. Ross for dedicated to serving his country and pos- cause they contribute to the creation of new his more than 40 years of faithful service to sessed the strengths of a leader. Some may goods, services, jobs, and increased produc- communities in southeastern Pennsylvania. say his strongest value was being a loyal tivity. Our country is in need of innovative con- During the last two years, the residents, friend, who put others before him. cepts and ideas to strengthen our economy businesses and all taxpayers of West Pikeland Madam Speaker, I rise today and ask for both domestically and internationally. The Township, Chester County have benefitted im- my colleagues to join me in honoring the life America COMPETES Act will increase the na- measurably from Steve’s breadth of experi- of Conrado Javier Jr. I extend the sincere con- tion’s investment in science, technology, engi- ence and tremendous leadership as Township dolences of the House to his mother, Julia neering, and mathematics, STEM. Further, Manager. Dominga Javier Diaz; his father, Conrado COMPETES provides critical federal invest- Prior to taking the helm in West Pikeland, Javier; and the seven siblings he leaves be- ment in science through research and edu- Steve had a distinguished career spanning hind. Private Javier, we salute you! cation. I am pleased that the 111th Congress nearly 30 years as Township Manager in West f will reauthorize this law, and I am pleased that it contains some important elements to broad- Whiteland Township, Chester County. He has KAY EHALT been an outstanding steward of public fi- en the participation of groups of Americans nances and played a critical role in helping a who are underrepresented in STEM fields, region experiencing phenomenal growth pro- HON. ED PERLMUTTER such as women and racial or ethnic minorities. tect its open space and natural resources, en- OF COLORADO According to the Census Bureau, 39 percent hance its recreational opportunities, and im- IN THE HOUSE OF REPRESENTATIVES of the population under the age of 18 is a ra- prove its infrastructure. Wednesday, December 22, 2010 cial or ethnic minority. Yet, in 2003, only 4.4 percent of U.S. science and engineering jobs The West Pikeland Township Board of Su- Mr. PERLMUTTER. Madam Speaker, I rise were held by African Americans and only 3.4 pervisors will recognize Steve for his exem- today to honor and applaud Kay Ehalt for her percent by Hispanics. In 2008, the American plary efforts on December 28, 2010. outstanding service to our community. Community Survey reported that 10.3 percent Madam Speaker, I ask that my colleagues Kay Ehalt has made a life of caring for oth- of the total U.S. population were in the Profes- join me today in honoring Stephen J. Ross for ers. She has raised two sons and a daughter. sional, Scientific, Management and Adminis- his extraordinary commitment to public service She puts her heart and soul into creating gift trative Services industry; however, only 7.7 and dedication to making southeastern Penn- baskets that are creative and unique and adds percent of Cambodians, 6.8 percent of sylvania a great place to live, work and raise the personal touch to make each recipient feel Hmongs, and 5.2 percent of Laotians actually a family. cherished. f Kay has been involved with the Kiwanis for held these types of jobs. Further, women rep- many years and travels annually with the Chil- resent only a little more than one quarter of IN HONOR OF PRIVATE FIRST our science and technology workforce. Many CLASS CONRADO JAVIER JR. dren’s Hospital Jungle Mobile. The Jungle Mo- bile is an ambulance converted into a safety experts maintain that the ability of the U.S. to education classroom on wheels. It travels to produce enough scientists will fall far short un- HON. SAM FARR rural areas to teach kids about fire safety, less we take strong action to develop the po- OF CALIFORNIA water safety and how to call 911. tential of women and minorities. Thus, broad- IN THE HOUSE OF REPRESENTATIVES In addition, Kay is an avid supporter of the ening participation efforts are critical to meeting the growing demand for U.S. workers with Wednesday, December 22, 2010 Jefferson Foundation’s Crystal Ball. Volun- teering her time for the event and donating STEM skills and to improving American com- Mr. FARR. Madam Speaker, I rise today to items for the silent auction. Whenever an or- petitiveness globally. honor the life of a young, brave soldier who ganization needs something for auctions, fund- Although minorities have increased their was killed in Afghanistan on Sunday, Decem- raisers or decorations, Kay is always offering share of degrees awarded in the sciences, ber 19, 2010. Private First Class Conrado her services or her baskets without being poor preparation in science and mathematics Javier Jr. of Marina, California was only nine- asked. is a major factor limiting the access of these teen years old. It is with a heavy heart that I I extend my deepest congratulations to Kay citizens to careers in the STEM fields. H.R. wish to offer my sincere condolences to the Ehalt for her well deserved recognition by the 5116 helps improve secondary STEM edu- family of Conrado Javier Jr. West Chamber serving Jefferson County. I cation by requiring federal agencies to report Private First Class Conrado Javier Jr. have no doubt she will exhibit the same dedi- how they are disseminating federally funded served in the United States Army and was as- cation and character in all her future accom- STEM education resources to practitioners, in- signed to the 3rd Squadron, 2nd Stryker Cav- plishments. cluding to teachers and administrators at high- alry Regiment based in Vilseck, Germany. He needs schools. Further, it requires the estab- f was serving a tour in Afghanistan supporting lishment of an inventory of federally sponsored Operation Enduring Freedom. On Sunday, De- AMERICA COMPETES STEM education programs that must include cember 19, 2010, in the Kandahar province of REAUTHORIZATION ACT OF 2010 an assessment of the effectiveness of the pro- Afghanistan, the vehicle he driving in struck an grams and the rates of participation of under- improvised explosive device. Pfc. Javier was SPEECH OF represented minorities in such programs. An unable to recover from his wounds sustained HON. DANNY K. DAVIS increased investment in STEM-based pro- in the deadly explosion. OF ILLINOIS grams will offer more high-level science and Conrado Javier Jr. is the fifth service mem- IN THE HOUSE OF REPRESENTATIVES mathematics courses in high school, enhance ber from my district to pay the ultimate sac- undergraduate and graduate degrees in rifice while defending our country in Operation Tuesday, December 21, 2010 science and engineering, and solidify employ- Enduring Freedom. Sadly, he is the youngest Mr. DAVIS of Illinois. Madam Speaker, I rise ment in science and engineering positions in service member from my district to lose his life in support of H.R. 5116, the America COM- this global economy. The National Science

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K22DE8.001 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2238 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 Foundation will receive substantial funds to sity Medical School. He graduated in the top munity at 414 Broadway. Presently the prac- develop and implement a policy for the broad- of his class. He returned to Paterson to pur- tice provides medical care to approximately er impacts review criterion that will result in sue his career. He did a rotating internship at five hundred patients a month. It is estimated improving the effectiveness and impact of ac- St. Joseph’s Hospital and Medical Center in that close to half a million patients have tivities to broaden participation within STEM. Paterson. In 1947 he was certified and passed passed through the doors at 414 Broadway. Such a policy is long overdue. We spend bil- the State of New Jersey Board as Doctor in Although Dr. Stephen P. Ferraro departed lions of federal dollars for science advance- Medicine and Surgery. Dr. Ferraro then de- from this earth in 2002, he left a legacy of per- ments but have limited requirements for the in- cided to join the United States Air Force Uni- severance as well as a well recognized prac- stitutions receiving these dollars to give back versity School of Medicine in Randolf, Texas tice, which continues to thrive under the lead- to the nation in terms of helping institutions or and became a USAF Flight Surgeon, spending ership of Dr. Lisa Ferraro. Her siblings are all students beyond their walls improve their ac- three years in Okinawa. In the Air Force he successful professionals in their fields. Ste- cess to quality science. saw many in great need and he was deter- phen P. Ferraro, Jr. M.D., is an orthopaeadic I support the bill because it advances our mined to always be a ‘‘people doctor’’ and surgeon in Redding, California, Angelo Fer- nation in the STEM areas; however, I am dis- provide his service where the need was great- raro, M.D., a cardiologist, Spokane, Wash- appointed that many of the provisions to est. ington, Lucia Ferraro, M.D., an anesthesiol- broaden participation that were included in the By 1950, when he returned from spending ogist and Critical Care, Sherman Oaks, Cali- House-passed version were absent from the four years at Boston City Hospital, becoming fornia, Natalia Ferraro is a homemaker and final version. I promise to continue to work to Chief Surgical Resident, he had met a nurse professional photographer and Barbara ensure that all Americans have access to high named Betty. He went to Columbia Pres- Tabano is a homemaker and operates a family quality STEM education and careers. I support byterian Hospital and became Chief Surgical business, The Sock Company, with her hus- H.R. 5116, the America COMPETES Act of Resident from 1954–1956. Betty followed him band Jim. 2010; this bill will enhance our present prac- and worked alongside him as his operating The job of a United States Congressman in- tices in science and our economic strength in room nurse. They later married at St. Anthony volves much that is rewarding, yet nothing the global marketplace. Church in Paterson and had six children— compares to recognizing the efforts of wonder- f Stephen Jr., Natalie, Angelo, Lisa, Lucia and ful people in my District. Madam Speaker, I Barbara. ask that you join all of the patients and friends PERSONAL EXPLANATION Dr. Ferraro never forgot the city he came of the Ferraro family, all those who have been from. In 1957 he became attending surgeon of helped throughout the years, and me in recog- HON. DEAN HELLER St. Joseph’s Hospital & Medical Center in nizing the outstanding contributions they have OF NEVADA Paterson. He soon decided to open his own made to the community in Paterson and be- IN THE HOUSE OF REPRESENTATIVES practice at 414 Broadway. Betty was always yond. by his side and was his nurse at the practice. Wednesday, December 22, 2010 Together they were the perfect ‘‘team.’’ The f Mr. HELLER. Madam Speaker, on rollcall office was on the first floor and their apartment FEDERAL GRANTS AND APPRO- No. 659, I was unavoidably detained. Had I was on the upper levels. He became the Co- PRIATIONS FOR LOCAL been present, I would have voted ‘‘no.’’ Chief of Department of Surgery at Fairlawn PROJECTS f Memorial Hospital, attending surgeon at Sad- dle Brook Hospital, Police Surgeon and City of TRIBUTE TO FERRARO MEDICAL Paterson physician, Medical Director of Na- HON. JOHN J. HALL ASSOCIATES, P.A. bisco Brands, Inc., assistant professor at OF NEW YORK Seton Hall University Department of Surgery IN THE HOUSE OF REPRESENTATIVES HON. BILL PASCRELL, JR. and also became Medical Examiner for Fed- Wednesday, December 22, 2010 OF NEW JERSEY eral Aviation-Class A, and USCIS Civil Sur- Mr. HALL of New York. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES geon. Dr. Ferraro was a distinguished and re- would like to submit the following: spected physician who with all his qualities Wednesday, December 22, 2010 I was proud to bring millions of federal dol- provided the best to his patients and left a re- lars home to local taxpayers. New Yorkers pay Mr. PASCRELL. Madam Speaker, I would markable legacy to his children. like to call to your attenion the work of an out- Dr. Ferraro’s children admired their father more in federal taxes than New York receives standing medical practice Ferraro Medical As- for instilling the importance of education in in federal funding support, so I worked hard to sociates, P.A., which is celebrating its 65th them. When his children were very young he bring additional dollars back home for local Anniversary of dedicated service to its pa- would always encourage them to read. They projects, thereby reducing the burden on local tients, and by extension, the greater commu- spent time with their father around the office. property taxpayers. nity. It is only fitting that Ferraro Medical Asso- Dr. Ferraro was a great role model, allowing ORANGE COUNTY ciates, and its late founder Dr. Stephen P. them to see the medical world in his office as Obtained $19.6m from the American Recov- Ferraro, be honored in this permanent record one of the choices for their lives. ery and Reinvestment Act for infrastructure of the greatest democracy ever known, for the Lisa Ferraro followed her father’s footsteps upgrades and renovations at the U.S. Military comfort and care that it has provided to so and graduated from Ross University Medical Academy at West Point. many Paterson families. School. In 1984–1987 she completed her in- Obtained $4.4m from the U.S. Department Dr. Stephen P. Ferraro was born in 1920 in ternship and residency in Internal Medicine at of Transportation for improved runway lighting Paterson, NJ to Angelo and Natalizia who St. Joseph’s Regional Medical Center in and resurfacing at Stewart Airport, thereby in- emigrated from Sicily to the United States. Paterson and immediately went to work with creasing its air traffic capacity. The new light- They had four children, two of whom died un- her father. Dr. Lisa Ferraro was Board Cer- ing improves both energy efficiency and public timely deaths leaving Stephen and Joseph. tified in Internal Medicine in 1987 and joined safety during take offs and landings. Stephen’s parents ingrained in their sons the attending staff Internal Medicine at SJHMC. Obtained $3.6m from the American Recov- importance of education, and became suc- She has worked as school physician for ery and Reinvestment Act for repairs and ren- cessful themselves, owning multiple properties Public Schools Nos. 5, 8, 28 and Kilpatrick ovations at the Stewart Air National Guard in Paterson. School. She was assistant Medical Director at base. Dr. Ferraro attended School No. 15 and Nabisco from 1987–1992 and has taught first Obtained over $3.5m from the American Re- graduated Eastside High School in 1937. In year medical students from UMDNJ, as well covery and Reinvestment Act for energy effi- high school he was very athletic but music in- as forth year foreign medical students. In 2000 ciency improvements in Orange County. trigued him most and he played the violin for she was appointed as Civil Surgeon for Obtained $2.3m for the Highland Falls-Fort the Eastside orchestra. After graduation he USCIS. In February 2010 she became Cer- Montgomery Central School District, including earned a bachelor’s degree from Notre Dame tified in Aesthetic Medicine. $1.5m in federal impact aid and $800,000 in University in 1941. Stephen developed a pas- Dr. Ferraro left a truly wonderful legacy in federal funding to improve science and tech- sion for medicine and flying which lasted a Paterson. In April 1996 Dr. Stephen and Dr. nology programs. lifetime. Lisa Ferraro registered the office as a corpora- Obtained $2m in American Recovery and In 1946 Dr. Ferraro obtained his degree of tion, Ferraro Medical Associates, P.A. Despite Reinvestment Act funding to construct a new Doctor of Medicine from Georgetown Univer- the challenges, the office still serves our com- water filtration plant for the Village of Warwick.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.002 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2239 Obtained $1.33m in federal funding to sup- Forensic Science Laboratory, to improve the ment plant for the Peach Lake community in port the Newburgh-Beacon ferry enabling easi- quality and timeliness of medical examiner Southeast. The new water treatment plant will er access to public transportation for com- services, thereby reducing the case backlog. help restore the quality of the lake and create muters. Obtained $325,000 from the federal Drug local jobs. Obtained $597,000 from the Department of Free Communities Support Program for pro- Obtained $1.6m for upgrades to roads in Homeland Security for five local fire depart- grams sponsored by the Village of Croton-on- Kent. ments, including Greenville Fire Department; Hudson, Alliance for Safe Kids in Cortlandt Obtained $400,000 in federal funding for the Slate Hill and New Hampton Fire Depart- Manor, and the Town of Cortlandt. Putnam Valley for their Lake Oscawana Man- ments in Wawayanda; and the Johnson and Obtained over $300,000 for programs at the agement and Restoration Plan, saving money the Unionville Fire Departments in Minisink. Yorktown Senior Center. for local property taxpayers while improving Obtained $564,000 from the American Re- Obtained $196,000 in federal funding for im- water quality. covery and Reinvestment Act for improvement provements at the South Salem library. Obtained $192,000 in federal funding for projects at Greenwood Lake. Obtained $120,000 from the Department of Putnam Hospital Center’s comprehensive can- Obtained $394,000 in federal funding to re- Homeland Security for the Goldens Bridge cer care program. place the Hambletonian Water Main in Go- Volunteer Fire Department. Obtained $190,000 from the Department of shen which improved water quality and saved Assisted in obtaining $115,000 for the Homeland Security for the Mahopac Volunteer property tax dollars. Katonah Museum of Art. Fire Department. Obtained $245,600 in federal funds for the Obtained 98,400 in federal funding for A– Obtained $145,000 for the Carmel Police Hudson Valley Agricultural Viability Program HOME to build an affordable home for a first Department for a police vehicle video system. Obtained $125,000 from the federal Drug that will create jobs and attract private invest- responder in Lewisboro, using the most state Free Communities Support Program for pro- ment in local farms. of the art energy efficient technologies. grams implemented through Putnam’s Council Obtained $110,000 for the Port Jervis Police Obtained $95,300 in federal funding for the for Alcoholism and Other Drugs. Department to upgrade their outdated commu- new emergency department at the Northern Westchester Hospital in Mount Kisco. Obtained $106,000 for equipment for the nications system. Kent Fire District. Obtained $160,000 in federal funding for the Obtained $87,000 for the Katonah Fire De- ROCKLAND COUNTY Monroe Police Department. partment. Obtained $70,000 in federal funding for the Obtained over $15m for improvements to Obtained $95,300 in federal funding for St. Pound Ridge Police Department for commu- the Palisades Parkway. Anthony Community Hospital in Warwick for nications systems that will improve emergency Obtained $2.5m for road improvements in their Wound Care Program. downtown Haverstraw. Obtained a $78,683 Edward Byrne Memorial response capabilities. Obtained $47,000 in federal funding for edu- Obtained $383,000 in federal funding for the Justice Assistance Grant from the U.S. Dept cation programs at the Van Cortlandt Manor Stony Point Ambulance Corps. of Justice to improve public safety in Orange historic site in the Village of Croton-on-Hud- Obtained $352,500 in federal funding for County through increased police patrols and son. youth gang prevention programs. improved equipment and technology. Helped obtain $297,000 from the U.S. De- Assisted in obtaining almost $72,000 for DUTCHESS COUNTY Obtained $8.22m from the American Recov- partment of Education for the North Rockland Museum Village. Central School District. Obtained a $66,500 Department of Home- ery and Reinvestment Act for infrastructure and energy efficiency improvements at Castle Obtained $188,000 for the Thiells-Roseville land Security grant for the South Blooming Fire District. Grove Fire District. Point Veterans Hospital. Obtained $3.6m from the U.S. Department Obtained $66,000 for the Stony Point Police Obtained $60,000 for the Woodbury Police Department to maintain a full time school re- Department. of Transportation for improvements in public transportation including local busses and bus source officer at the James A. Farley Middle Obtained $40,000 for the Quassaick Bridge School. Fire District. facilities in Poughkeepsie. Obtained $2.4m for the development and CONSTITUENT SERVICES WESTCHESTER COUNTY manufacture of night vision goggles by E- Casework: One of the aspects of the job Obtained over $13m for improvements to I- Magin, located in Dutchess County. These that I find most rewarding is the ability to as- 684. goggles improve the safety of our troops in the sist local constituents with individual problems. Obtained $6.75m from the American Recov- field, while creating local manufacturing jobs. In many of these cases the constituent needs ery and Reinvestment Act for infrastructure Obtained $330,000 from the American Re- assistance cutting through the federal bu- upgrades and renovations of patient care covery and Reinvestment Act to help retrofit reaucracy to get the attention they need to areas at the FDR Veterans Hospital in stormwater systems in East Fishkill and their individual situation. Although I believe Montrose. Beekman. that people shouldn’t need to turn to their Obtained $6.1m from the American Recov- Obtained $314,000 for Hudson River Hous- Congressional office in order to get their cases ery and Reinvestment Act for infrastructure im- ing in Poughkeepsie to assist in rehabilitating resolved, I am happy to be able to assist provements at the Camp Smith National affordable homes and creating opportunities when such instances occur. Guard Training Site in Cortlandt. for local financing. My Congressional office resolved thousands Obtained $5m from the American Recovery Obtained $196,000 in federal funding for the of constituent service cases, which included and Reinvestment Act for a water treatment Village of Wappingers Falls to create providing assistance to Veterans, Seniors with plant for the Peach Lake community in North Consentino Park. Medicare and Social Security concerns, fore- Salem. The new water treatment plant will Secured Dyson Foundation grant funding of closure and mortgage assistance to home- help restore the quality of the lake and create $108,000 for Arlington High School’s club AC- owners, families seeking adoptions, and expe- local jobs. TION students to install solar panels on the diting passports. The Congressional office pro- Obtained almost $2m for improvements at roof the High School. vided assistance to constituents trying to the Croton-Harmon train station including flood Obtained $98,600 for the Glenham Fire Dis- reach family members during natural disasters prevention and infrastructure upgrades. trict. overseas such as Haiti and Chile. In many of Obtained $1.96m in federal funding for re- Obtained $86,000 in federal funding for these cases our assistance made a real dif- construction and improvements to Route 6 in technology improvements at the St. Francis ference in people’s daily lives. Cortlandt. Hospital emergency room. Some specific examples of the hundreds of Assisted in obtaining $1.3m from the Dept Obtained $77,000 for the Fishkill Fire De- successful results achieved by the Congres- of Energy for the Bedford-Northern West- partment. sional office are described below. chester Energy Action Coalition. Obtained $66,000 in federal funding to in- Veterans: Obtained well over $2 million in Obtained over $1.1m for improvements to stall solar panels on the Beacon Municipal retroactive payments and benefits for indi- the Annsville Circle in Cortlandt. Building. vidual local veterans earned but never re- Obtained $665,000 in federal funding to im- Obtained $61,750 from the Department of ceived from the Veterans Administration due prove the Peekskill Downtown Business Dis- Homeland Security for the Wappingers Falls to administrative backlogs and errors. These trict including sidewalk improvements, land- Fire Department. awards ranged from a few dollars to over scaping, and lighting upgrades on Main Street. PUTNAM COUNTY $100,000 depending on the type of injury, Obtained $332,000 from the U.S. Depart- Obtained $1.9m from the American Recov- level of disability, and length of the VA delay ment of Justice for the Westchester County ery and Reinvestment Act for a water treat- in processing the case.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.005 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2240 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 Successfully assisted many local Veterans Service Academy Nominations: Each year TRIBUTE TO GEORGE W. in receiving long over due combat medals my Congressional office submits nominations MCCULLOUGH III such as medals from World War 2 for a of local students to our nation’s military serv- Mahopac veteran and several Purple Heart re- ice academies including the U.S. Military HON. BILL PASCRELL, JR. cipients. Academy at West Point (USMA), Naval OF NEW JERSEY Awarded the prestigious Air Medal to former (USNA), Air Force (USAFA), and Merchant flight crewmembers of the 336th Medical De- Marine (USMMA) Academies. I consider it a IN THE HOUSE OF REPRESENTATIVES tachment, and Army Reserve Helicopter Am- great honor to be able to nominate top local Wednesday, December 22, 2010 bulance unit in a ceremony at Stewart Airport. students who will become the next generation Mr. PASCRELL. Madam Speaker, I would The 60 men and women of the 336th Medical of military leaders. During my two terms in of- like to call to your attention the story of an out- Detachment, trained as Medevac pilots, heli- fice, I was proud to serve on the U.S. Military standing individual, Mr. George W. copter crew chiefs and medics, evacuated sick Academy’s Board of Visitors. McCullough, III, who will visit New Jersey’s 8th and wounded soldiers from the battlefield. Due District on Sunday, December 12, 2010, for he to adverse field conditions and administrative f is a great example of service to our Nation oversight, the unit’s flight crews did not re- PERSONAL EXPLANATION and communities. ceive their Air Medals until my office inter- It is only fitting that he be honored in this, vened on their behalf. the permanent record of the greatest democ- Social Security: Assistance was provided to HON. ALBIO SIRES racy ever known, for his story is a true embod- constituents such as explaining eligibility for OF NEW JERSEY iment of the American Dream. disability benefits; facilitating communication IN THE HOUSE OF REPRESENTATIVES George W. McCullough, III serves as Su- between beneficiaries and local SSA offices; preme Governor of the Loyal Order of Moose assisting in setting up payment schedules for Wednesday, December 22, 2010 for 2010–2011. He was elected to this post, overpayments to beneficiaries’ accounts; rein- Mr. SIRES. Madam Speaker, on December which also serves as chairman of the Moose statement of disability benefits that were incor- 21, 2010, I missed rollcall vote numbers 657, International Board of Directors, at the 122nd rectly stopped; expediting appeal hearings, ex- 658, 659, 660, 661, 662, and 663. Had I been International Convention in Nashville in July pediting the processing of retroactive checks present, I would have voted ‘‘yes’’ on rollcall 2010. He had previously served as Supreme in favorable disability cases that included 657, ‘‘yes’’ on rollcall 658, ‘‘yes’’ on rollcall Jr. Governor in 2009–2010, and Supreme amounts in excess of $100,000; removal of 659, ‘‘yes’’ on rollcall 660, ‘‘yes’’ on rollcall Prelate during 2008–09. overpayments that were mistakenly put onto 661, ‘‘yes’’ on rollcall 662, and ‘‘yes’’ on rollcall He is a Life Member of Charlotte, NC Lodge beneficiaries’ records; and assisting with the 663. 1113, having been sponsored by his father in appeal of an overpayment waiver request. 1969. He immediately took an active role, For example— f Expedited a Social Security appeals hearing serving on all standing and special commit- for a constituent who suffered major spinal in- PERSONAL EXPLANATION tees, and holding all chairs, including Past juries, was unable to work and facing bank- Governor. He stepped in as acting Adminis- ruptcy. The case was found fully favorable to HON. JOHN ABNEY CULBERSON trator for an eight month period. He has been the constituent. an active Ritualist for more than 20 years, and OF TEXAS Expedited a retroactive payment in a Social has been honored as an International Cham- Security disability case for $79,000. IN THE HOUSE OF REPRESENTATIVES pion in Ritual Competition. Helped get a Social Security disability ap- Wednesday, December 22, 2010 He has served on all the committees and peals hearing for a woman suffering from a chairs of WENOCA Moose Legion 78 and is a Mr. CULBERSON. Madam Speaker, on De- tick-borne illness similar to Lyme’s Disease. Past North Moose. He has served the North cember 21, 2010, I was unable to be present The appeal was expedited and she was Carolina Moose Association on several District for all rollcall votes due to a medical necessity. awarded more than $1,800 in monthly benefits committee posts, as District President, and on If present, I would have voted accordingly and more than $65,000 in retroactive benefits, most Association Committees; he is a Past on the following rollcall votes: roll No. 657— and found eligible for Medicare. President of the Association by Service. He Medicare: Facilitated reimbursement for Du- ‘‘nay’’; roll No. 658—‘‘aye’’; roll No. 659— was also conferred the honor of Past Presi- rable Medical Equipment and other services. ‘‘nay’’; roll No. 660—‘‘nay’’; roll No. 661— dent by both the Louisiana and Minnesota Helped remove surcharge on Part B, pre- ‘‘nay’’; roll No. 662—‘‘nay’’; roll No. 663— Moose Associations. mium and processing of retroactive payment. ‘‘aye’’. Mr. McCullough served on the International Internal Revenue Service: Expedited proc- Community Service Committee before his ap- essing of refund and economic stimulus pay- f pointment to the Mooseheart Board of Direc- tors in 1994. A member of the 150 Division of ments. PERSONAL EXPLANATION Helped change filing status for taxpayer. the Moose 25 Club, he received the Fellow- Department of Labor: Challenged denial of ship Degree of Honor in 1978 and the Pilgrim prescription coverage for a drug that was in a HON. CAROLYN C. KILPATRICK Degree of Merit in 1990. He was awarded the beneficiary’s plan. OF MICHIGAN Shining Star as International Moose of the Assisted in having overpaid monthly IN THE HOUSE OF REPRESENTATIVES Year for 1995. He is an ordained minister of the Baptist COBRA premium credited toward future Wednesday, December 22, 2010 monthly premiums. Church, and he is a U.S. Army combat vet- Assisted with having COBRA premium re- Ms. KILPATRICK of Michigan. Madam eran with service in Vietnam, holding the duction applied to several beneficiaries who Speaker, I was unable to attend to several Bronze Star and the Purple Heart among did not initially receive it. votes. Had I been present, I would have voted other decorations. He and his wife Sue reside Federal Trade Commission: Worked with ‘‘aye’’ on rollcall Nos. 657, 658, 659, 660, 661, in Charlotte, where he owns and operates constituents and relevant credit agencies to fix 662 and 663. McCullough & Associates Auto Electric. The mistakes on credit reports. McCulloughs have two daughters, two sons, a Visiting Washington DC: When constituents, f daughter-in-law and two grandsons. school groups, and local organizations visit The job of a United States Congressman in- PERSONAL EXPLANATION Washington DC, my office helps arrange volves much that is rewarding, yet nothing tours, and can help with other aspects of the compares to learning about and recognizing visits. I make every effort to personally greet HON. DEAN HELLER the efforts of individuals like Mr. George W. local visitors. In 2009 my office arranged and OF NEVADA McCullough, Ill. gave over 700 tours of the Capitol to local IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I ask that you join our col- families, school classes, and other visitors leagues, George’s family and friends, all the from the 19th Congressional District. The of- Wednesday, December 22, 2010 members of the Loyal Order of Moose, and fice also assisted with information including Mr. HELLER. Madam Speaker, on rollcall me in recognizing the outstanding contribu- assistance in arranging for tours of other sig- No. 660, I was unavoidably detained. Had I tions of Mr. George W. McCullough, III to our nificant sites in Washington. been present, I would have voted, ‘‘no.’’ Nation.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.006 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2241 JENNIFER FRIEDNASH HOUSE COMMITTEE ON ARMED SERV- ‘‘aye’’ votes on October 22, 2009. However, ICES, HOUSE OF REPRESENTATIVES, some of my constituents have informed me Washington, DC, December 21, 2010. that the persecution and suppression of the HON. ED PERLMUTTER Hon. BART GORDON, Baha’i faith in Iran persist with no relief in OF COLORADO Chairman, House Committee on Science and sight. IN THE HOUSE OF REPRESENTATIVES Technology, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your In 2009 the international press reported that Wednesday, December 22, 2010 letter regarding H.R. 6523, the Ike Skelton seven Baha’I leaders in Iran were unjustly ar- Mr. PERLMUTTER. Madam Speaker, I rise National Defense Authorization Act for Fis- rested and held in prison without knowing the today to honor and applaud Jennifer cal Year 2011. 1 agree that the Committee on charges for their arrest for approximately 20 Friednash for her outstanding service to our Science and Technology has valid jurisdic- months. tional claims to certain provisions in this The unjust prosecution of these seven par- community. important legislation, and I am most appre- Jennifer works full time as a real estate at- ticular Baha’is was condemned by inter- ciative of your decision not to schedule a national leaders and drawn into our national torney, but always finds time to teach her kids mark-up of this bill in the interest of expe- the value of volunteering through leading by diting consideration of this important meas- awareness for a short time. Those seven Ba- example. She has been an active member ure. I agree that by agreeing to waive consid- ha’is are real people with families, who con- and fundraiser for Project PRIDE, which con- eration of certain provisions of the bill, the tinue to suffer injustice because of their structed an outdoor classroom alongside Red Committee on Science and Technology is not peaceful religious beliefs. The more disturbing Rocks Amphitheatre. waiving its jurisdictional claims over these fact is that those seven Baha’i leaders are matters. Jennifer’s work doesn’t stop there. She is an merely the ones that made the headlines. During consideration of this bill on the There are approximately 48 additional Baha’is active committee member of the Jefferson House floor, I will ask that this exchange of currently imprisoned in Iran. Approximately Economic Council, chair of a committee that letters be included in the CONGRESSIONAL provides junior NAIOP members an oppor- RECORD. 132 Baha’is have been arrested and released tunity to learn about the real estate industry Very truly yours, on bail to await trial, and another 92 Baha’is from seasoned professionals and has been a IKE SKELTON, have been sentenced to imprisonment. In the provisional instructor for the Colorado Associa- Chairman. last decade, hundreds of Baha’is have been tion of Realtors. f prosecuted and imprisoned for their religious beliefs. But that is not the only degradation I extend my deepest congratulations to Jen- PERSONAL EXPLANATION nifer Friednash for her well deserved recogni- that Baha’is in Iran must face. Baha’is have tion by the West Chamber serving Jefferson been dismissed from their jobs, expelled from County. I have no doubt she will exhibit the HON. HENRY CUELLAR universities, and deprived of their property and same dedication and character in all her future OF TEXAS pensions, all because of their religious beliefs. accomplishments. IN THE HOUSE OF REPRESENTATIVES Our national consciousness would not be so aware of this unjust and unfair treatment if it Wednesday, December 22, 2010 f had not been for yet another unjust prosecu- Mr. CUELLAR. Madam Speaker, I was ab- tion of a young American journalist, Roxana IKE SKELTON NATIONAL DEFENSE sent due to personal family matters, but if Saberi, in 2009. While Roxana shared a pris- AUTHORIZATION ACT FOR FIS- present, I would have voted ‘‘yes’’ on: on cell with two of the female Baha’i leaders CAL YEAR 2011 S. 3481—Amending the Federal Water Pol- in Evin prison, she was astounded by the tran- lution Control Act to clarify Federal responsi- quility of her Baha’i cell mates even as they SPEECH OF bility for stormwater pollution. faced harsh conditions and uncertainty about HON. IKE SKELTON S. 372—Whistleblower Protection Enhance- their future. Fortunately, Roxana was freed ment Act. from prison and has returned safely to the OF MISSOURI Senate Amendment to H.R. 6523—Ike Skel- United States; however, those seven Baha’i IN THE HOUSE OF REPRESENTATIVES ton National Defense Authorization Act for Fis- leaders remain in prison and were sentenced Friday, December 17, 2010 cal Year 2011. to 10 years of confinement in one of the most Mr. SKELTON. Mr. Speaker, I submit the f dreadful prisons in Iran. following exchange of letters on H.R. 6523 for In short, the Baha’i faith teaches tolerance, STATEMENT OF CONCERN ABOUT patience, peace and self-investigation of the printing in the CONGRESSIONAL RECORD: UNJUST IMPRISONMENT OF HOUSE OF REPRESENTATIVES, COM- truth. Yet, Baha’is are singled out and marked BAHA’I RELIGIOUS MINORITY IN from persecution and ridicule from the class MITTEE ON SCIENCE AND TECH- IRAN NOLOGY, room to the court room and from the lunch Washington, DC, December 21, 2010. room to the laboratory. We have our own his- Hon. IKE SKELTON, HON. DANNY K. DAVIS tory of unjust treatment in this country and the Chairman, Committee on Armed Services, OF ILLINOIS grievous and slow healing wounds from such House of Representatives, Washington, DC. IN THE HOUSE OF REPRESENTATIVES pernicious and repugnant conduct can still be DEAR CHAIRMAN SKELTON: I am writing to felt today. However, the freedom of speech you concerning the jurisdictional interest of Wednesday, December 22, 2010 the Committee on Science and Technology and the freedom of religion in our great coun- in H.R. 6523, the Ike Skelton National De- Mr. DAVIS of Illinois. Madam Speaker, I rise try have contributed greatly to the healing of fense Authorization Act for Fiscal Year 2011. today to express both my deep concern and our society. Our committee recognizes the importance the deep concern of some of my constituents I believe each and every human being has of H.R. 6523 and the need for the legislation about the unjust imprisonment of several a fundamental right to freedom of religion that to move expeditiously. Therefore, while we members of a religious minority in Iran. In par- should not be curtailed or circumscribed by have a valid claim to jurisdiction over the ticular, I wish to speak of the member of the the coincidence of one’s citizenship in a par- bill, I do not intend to request a sequential Baha’i faith who have been persecuted and ticular nation. The freedom in our country to referral. This, of course, is conditional on imprisoned in Iran. My home district in Chi- our mutual understanding that nothing in choose how to peacefully worship God is this legislation or my decision to forego a se- cago has a rich diversity of people from all something many of us take for granted. We quential referral waives, reduces or other- backgrounds and faiths, and I am fortunate to need only consider the unjust and inhumane wise affects the jurisdiction of the Com- have Baha’is as part of this rich diversity. The treatment of Baha’is in Iran to realize that this mittee on Science and Technology, and that Baha’i faith is a peaceful religion that teaches freedom is not available to everyone in the a copy of this letter and your response ac- the oneness of humanity and that all forms of world. knowledging our jurisdictional interest will prejudice should be eliminated. I agree with U.S. Secretary of State Hillary be included in the CONGRESSIONAL RECORD Some of you will recall that in 2009 I was Clinton when she condemned the sentencing during consideration of this bill by the one of the co-sponsors to House Resolution of the Baha’i leaders and stated that the House. Thank you for your consideration in this 175. That resolution condemned the Govern- ‘‘United States is committed to defending reli- matter. ment of Iran for its state-sponsored persecu- gious freedom around the world, and we have Sincerely, tion of its Baha’i minority and its continued vio- not forgotten the Baha’i community in Iran.’’ BART GORDON, lation of the International Covenants on I speak to you today as a reminder that reli- Chairman. Human Rights. H. Res. 175 passed with 407 gious persecution remains a fact of life in our

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K22DE8.004 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2242 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 world and that the plight of the Baha’is in Iran and of limiting that group’s activities. In ure out how we could make sure that didn’t is a poignant example of injustice. On behalf other words, the Iranians now have the great happen and now we have some pundits and of my Baha’i constituents, I ask that you lend Satan working for them . . . . some analysts in the international commu- The continued designation of MEK as a nity saying, it’s almost a fait accompli, your voice to mine, so that we may create a terrorist organization gives great comfort ‘‘now what are we going to do?’’ Let’s just chorus of diverse voices against the type of and legitimacy to the Iranian regime, by pause for a moment and think what that blatant religious persecution that we are wit- putting on the sidelines an organization that means to the rest of the world vis-a-vis nessing in the unjust treatment of Baha’is in is potentially a grave threat to the regime. America. What does it say about our ability Iran. What’s to be done? Well as I’m sure many of to influence geopolitical events? What does f you know there is an ongoing case in which it say about how our allies and friends in MEK has challenged the designation. In that region look to us, and our ability to af- COUNTERING IRAN’S NUCLEAR & July, the U.S. Court of Appeals for the Dis- fect change that affects their lives and the TERRORIST THREATS, THE OP- trict of Columbia circuit issued an opinion security of that particular region. . . .? POSITION’S ROLE: WHAT ARE essentially sending the matter back to the So how do we go forward? What do we do THE U.S. POLICY OPTIONS? State Department and to the Secretary of next? I think the Attorney General very State and asking her to re-evaluate whether clearly identified probably one of the most MEK should be on that list. But the court significant things we can do and that is HON. TOM McCLINTOCK did something more than that. It expressed a delist as the UK has done, and the European OF CALIFORNIA good deal of skepticism at least about the Union has done, MEK. They did consolidate. They did disarm. They were a source of con- IN THE HOUSE OF REPRESENTATIVES non-classified information that was put before the court and shared with MEK, and siderable intelligence for us, and if we are to Wednesday, December 22, 2010 which MEK could therefore rebut. Without look for peaceful means of encouraging a re- Mr. McCLINTOCK. Madam Speaker, I rise getting into a whole lot of detail, the Sec- gime change, it seems to me that one of the retary of State may choose to base her deter- first and most significant steps we could today to insert into the RECORD excerpts of re- take, I guess it’s under review right now by marks made at a symposium sponsored by mination entirely on classified information if she wants, and then nobody knows why she the State Department, but as you well know Executive Action, LLC: ‘‘Countering Iran’s Nu- made the decision, but she didn’t do that in in January of this year I think the DC Cir- clear & Terrorist Threats, The Opposition’s this case. She said she based her decision on cuit Court of Appeals said that, based on the Role: What Are the U.S. Policy Options?’’ held both the classified information and the non- information you presented in this court at the Willard Intercontinental Hotel in Wash- classified information and the court dis- right now (and unfortunately you had to go ington, DC on Friday, December 17, 2010. cussed in some detail some of the non-classi- to court, everybody goes to court in the United States, but to get them delisted from MICHAEL MUKASEY, FORMER ATTORNEY fied information, and it showed that a lot of it consisted of unsubstantiated, anonymous the State Department) the court said pre- GENERAL OF THE UNITED STATES liminarily, the information that you’ve at This is one of those moments in history rumor, whose reliability was unknown and could not be tested. And all we can say is least shared with us in court today doesn’t when we know that future generations are warrant them being listed as a terrorist or- going to ask what we did to advance good that if the classified part of the record, which MEK has not been allowed to see and ganization. I think the consequences of that and what we did to resist evil . . . . particular decision, the State Department as I’m a lawyer, and lawyers make their cases to which it cannot therefore respond to directly, consists of the same kind of informa- I understand it and perhaps others on this with facts and law and policy. So let’s look panel can give us a more enlightened and tion as the non-classified part, then the Sec- at some facts, and some law, and some pol- more recent point of view that they’re actu- retary of State’s decision would be based on icy, and see whether the case is there. The ally honestly and actively considering that absolutely nothing substantial. Time will history of the relationship between the outcome. United States and the Iranian regime since tell. But this is about more than a case in What’s the benefit of that outcome? First the 1979 revolution can be summed up as a the District of Columbia and more than of all it’s the strongest possible signal that series of attempts by the United States to, MEK. This is about the posture of the United our approach toward Iran is changing. It’s as the diplomats say, engage the Iranian re- States toward the Iranian regime . . . . saying that 30 years of peaceful engagement gime, each attempt less successful than the When succeeding generations consider the hasn’t been effective, and I think everybody one that preceded it. I’m not going to go question I presented at the beginning of around the world knows that. But I’m going through that entire history, but an impor- these remarks, of what we did to advance to give you a different perspective if I might tant part of it begins in the 1990s, during the what is good and to resist what is evil, they because I think it has as much to do as how Clinton administration, when the People’s will find an answer that we and they can live we’re viewed around the rest of the world Mojahedin Organization of Iran, also known with. and why I think we should do it as soon as as the MEK, was designated by the Secretary possible. I’ve always thought that, if Amer- of State under U.S. law as a foreign terrorist TOM RIDGE, FORMER SECRETARY OF HOMELAND ica was considered to be a product that we organization and that designation regret- SECURITY look to sell around the world then our brand tably continues to this day . . . . At one point in time, we talked about and is based on our value system. Think about The MEK is the only organization of Ira- we put the MEK on the terrorist list because that for a moment. For 200+ years, more re- nians, both inside Iran and outside Iran that we thought it might enhance and improve cently we have tried to promote the notion opposes the current regime that favors a the dialogue, change the dialogue. There of civil society, and civil institutions, and government in Iran that is democratic, sec- might be some noticeable improvement in believing that in the heart of all men and ular, non-nuclear, and a republic. Again, this our relationship with Iran and I think his- women everywhere around the world there is is not one of the few organizations that fit tory concludes so far in the past several a desire to be free, a desire to control your that description; it is the only one . . . . years since we put that organization, which own destiny, to raise your own family, to If in fact MEK has renounced violence, as by the way disarmed itself, consolidated share in hopefully, the opportunities that it has; if in fact it presents no threat to any itself and has been a source of some very im- your society and your government would U.S. personnel or interest, in fact it presents portant intelligence for this country’s use provide for you. In inheriting all of that, we no such threat; and if in fact it has been of and the rest of the world’s knowledge. If the have many of those discussions as it relates affirmative assistance to the United States, goal was to improve engagement and to so- to how we are engaged in our effort against as it has; and is not regarded as a terrorist licit a different response from the Iranian terrorism around the world. We challenge organization in the United Kingdom or the government, that hasn’t worked out very ourselves around Abu Ghraib, we challenge European Union, then why was it placed on well either. So, you say to yourself at the ourselves around Guantanamo, we challenge that list and why does it continue to remain end of the day, these efforts during the past ourselves with regard to due process. We on the list of such organizations that is kept several years have been fruitless, and some know what we stand for. It’s part of the by the Secretary of State? Well, I think, it’s say through some organizations that are ba- American brand. We are our strongest allies; pretty openly acknowledged that the reason sically feckless, not terribly effective. What we’re also our strongest critics. We know MEK was placed on that list during the Clin- happens if they become even further what we believe in and when we seem to de- ton administration was to curry favor with emboldened by having nuclear capability? viate, if some of us seem to think we deviate Iran, and to use the designation as a way of One, we know what it says about Iran—if you from that brand, we take a close look at our- entering into dialogue with the Iranian re- think that part of the world is unstable now, selves in the mirror and ask ourselves ‘‘What gime. And I am sorry to say that even during we can only imagine what the consequences are we doing?’’ Well, part of that American the administration that I served in, it is re- will be then . . . . brand I think is being consistent with our ported that MEK continued to remain on the And you know what is probably even more values overseas as well. And when we see a list for the same misguided reason . . . . alarming is that we’re starting to see more repressive theocracy, day in and day out, im- The Iranian regime is now in the enviable and more analysts accept in their writings prisoning, torturing, executing men, women, position of having the United States des- the notion of a nuclear Iran and how we entire families because they’ve been brave ignate as a terrorist organization a group of would deal with it. Think about that, ten enough, courageous enough to stand in oppo- Iranians who are a threat to that regime, years ago we were worried and trying to fig- sition to the theocracy. In their hearts, not

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.014 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2243 necessarily looking to the institutions of United States. That’s an entirely, again, sep- mending their humanitarian services and out- government like America but looking to the arate process. It would be treated separately. reach efforts in helping Guam’s youth. I com- value system of freedom and liberty, speech, Delisting does not necessarily mean that mend the efforts of Interim Executive Director, assembly, peaceful opposition. So I frankly those leaders would be able to apply and get think one of the most important things this such a visa that ought to be part of this Millie Lujan; Staff members and Volunteers country can do, and hope we will do it as process. Those people ought to be able to who have dedicated and contributed their time soon as possible is to delist. Delist the Peo- come here and speak about the atrocities, over the past 39 years and I look forward to ple’s Mujahedin of Iran. It’s not a terrorist they ought to be able to speak about the many more years of continued service by organization. And after that, be part of a human rights abuses and what’s happening Sanctuary Guam. sustained, public, rhetorical, and as well dip- inside Iran to those advocates for democracy f lomatic embrace of our brand, with the hope and freedom. And they ought to be able to be of convincing the rest of the world that the their own advocates. Right now, we are their PERSONAL EXPLANATION loyal opposition, those pro-democracy war- advocates, but they are entitled to make riors, individuals and families in Iran can at their own case both before the American least look to the United States not with cas- Congress and the American people, to raise HON. BARBARA LEE ual and occasional criticism of the Iranian money, to raise support, and to raise aware- OF CALIFORNIA government and how it treats its citizens, ness. So, for me, it’s: take them off the list, IN THE HOUSE OF REPRESENTATIVES but a sustained clamor for change, aggres- abolish the list and grant visas to expatri- sive diplomatic efforts to at least pull some ates and exiled MEK leaders so that they can Wednesday, December 22, 2010 of our friends and allies into the chorus of come and make their own case. Ms. LEE of California. Madam Speaker, I opposition to this regime. Time is running f missed rollcall votes 657 through 663 on out. There aren’t too many options left. Tuesday, December 21st. Had I been present PERSONAL EXPLANATION I would have voted ‘‘aye’’ on rollcall vote 657 FRANCES FRAGOS TOWNSEND, FORMER ADVISOR on H. Res 1771, rollcall 658 on H.R. 6540, TO PRESIDENT GEORGE W. BUSH ON HOMELAND HON. DEAN HELLER SECURITY rollcall 659 on agreeing to the Senate amend- OF NEVADA Our policy goals in this country really ments to H.R. 5116, rollcall 660 on agreeing IN THE HOUSE OF REPRESENTATIVES must be a reflection of our values. It must be to the Senate amendments to H.R. 2142, roll- consistent and it must be fundamental to Wednesday, December 22, 2010 call 661 on agreeing to the Senate amend- how we build a policy process. It struck me, Mr. HELLER. Madam Speaker, on rollcall ments to H.R. 2751, rollcall 662 on agreeing when you go back and look at the current, No. 661, I was unavoidably detained. to the Senate amendments to H.R. 3082, and when we heard Tom Ridge and others talk rollcall 663 on H.R. 6547. about the sanctions regime, we can debate Had I been present, I would have voted f its efficacy we can debate its impact, but the ‘‘no.’’ statement of the goal right now as we sit f BARBARA ROOSE-CRAMER here today in Washington the goal of the sanctions, which have not been yet success- HONORING THE EXEMPLARY ful, is to get the regime to the bargaining SERVICE OF SANCTUARY, INC. HON. ED PERLMUTTER table. Is that really all? To describe that is OF COLORADO as humble and modest in terms of an objec- HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES tive, that’s not enough. So, when you look at OF GUAM all the other things we’ve talked about just Wednesday, December 22, 2010 IN THE HOUSE OF REPRESENTATIVES so far this morning that the MEK is still Mr. PERLMUTTER. Madam Speaker, I rise listed as an FTO all of that stems from Wednesday, December 22, 2010 today to honor and applaud Barbara Roose- ‘‘what are you trying to achieve.’’ If you’re Ms. BORDALLO. Madam Speaker, I rise not clear, and you’re not ambitious, and Cramer for her outstanding service to our your goals don’t represent your values, you today to honor the exemplary service of Sanc- community. are doomed to failure. . . . tuary, Inc., a community based non-profit or- Barbara has been married 47 years, is the The FTO designations, as you can imagine ganization that aims to improve the quality of mother of three and grandmother of seven. during my time in the government (I was in life for Guam’s families and youth. Through She is an accomplished athlete, writer, motiva- the Justice Department for many years and their 24-hour crisis intervention, Sanctuary tional speaker and volunteer. Barbara has then in the White House), monitoring the promotes mediation services during times of been the recipient of numerous awards includ- FTO process, the Foreign Terrorist Organiza- family conflicts while also providing temporary ing California’s Outstanding Athlete and Most tions designation process, working with the State Department was among my respon- safe refuge to youth in need of further sup- Inspirational Athlete, the YWCA’s Most Coura- sibilities. I must tell you that having trav- portive counseling. In addition, Sanctuary fos- geous Athlete and a two time Olympic Gold eled throughout the Middle East and around ters the development of responsible commu- Medalist. Since the onset of polio at age eight, the world, talking to our allies, the FTO des- nity members and assists in preserving and Barbara has been in a wheelchair. ignation process (we should just be honest) is promoting family unity through their outreach, In addition to her accomplishments as an disrespected by our allies. It is ineffective. It education and prevention programs. athlete, Barbara has served on numerous is corrupted by politics, and I don’t mean, Founded in 1971 by Father Robert Phelps committees for organizations dedicated to ‘‘corrupted’’ in the criminal sense, but it has and Mr. Luis Martinez, with the goal of cre- those with disabilities. She is currently writing been pervaded by political debate, which is ating a safe refuge for Guam’s youth, Sanc- part and parcel of a foreign policy discussion for major publications on issues concerning when you’re setting foreign policy goals. The tuary originated in southern Guam, with seven those with disabilities. Being a sports enthu- fact that we permit domestic politics in for- families volunteering their time and homes to siast she has written a book about the history eign policy concerns to come into what is provide temporary housing to troubled youth of the Denver Broncos and donated all the supposed to be an objective process, that is who are not suitable for youth correctional fa- profits to a local wheelchair basketball team. the designation of a foreign terrorist organi- cilities. Sanctuary has since relocated to cen- I extend my deepest congratulations to Bar- zation, undermines US credibility. . . . tral Guam and now provides shelter and serv- bara Roose-Cramer for her well deserved rec- Not only, having disarmed, and renounced ices at three dedicated buildings: an emer- ognition by the West Chamber serving Jeffer- violence and assisted the United States, gency shelter, a transitional living program, should the MEK come off the list, the US son County. I have no doubt she will exhibit Congress should abolish the list because I and substance abuse program. They have the same dedication and character in all her frankly think in many respects because of made tremendous strides over the years and future accomplishments. how it’s operated, it does more to undermine annually provide safe haven for over 300 f our credibility on these subjects. So, I would youth and also provide assistance through both take MEK off the list and I would ask outreach and prevention programs to over PERSONAL EXPLANATION Congress to abolish it. . . . 3,000 troubled teens. These services and pro- The other thing that I would say and grams, such as alcohol and drug treatment HON. XAVIER BECERRA hasn’t been spoken about, again I’m sen- programs, provide safe alternatives to deten- sitive to this because of my responsibilities OF CALIFORNIA in the White House is, I frankly think, as tion or youth correctional facilities and are in- IN THE HOUSE OF REPRESENTATIVES strumental in helping troubled youth turn their part of the delisting process one of the Wednesday, December 22, 2010 things that would enable or open the poten- lives around and contribute to society. tial for is permitting MEK leaders who are It is on the occasion of Sanctuary’s 39th an- Mr. BECERRA. Madam Speaker, on De- outside of Iran to get visas and come to the niversary that I join our community in com- cember 17, 2010, I was unavoidably detained

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.016 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2244 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 and missed rollcall votes 651 and 654. If Your strength of leadership will continue to vance human dignity, peace, and the highest present, I would have voted ‘‘yea’’ on rollcall serve the American people well as we protect ideals of the American people around the votes 651 and 654. the victories we have secured, and renew our world. f efforts to move America forward. It has been my privilege to serve in this Speaker, I remember the day of your swear- House with Rep. OBEY for the past ten PERSONAL EXPLANATION ing-in. All the children surrounding you as you years—one-quarter of his congressional ca- pounded the gavel leading us on a new direc- reer. For the past four years, I had the honor HON. CATHY McMORRIS RODGERS tion. You have made them proud. You have of serving on the House Appropriations Com- OF WASHINGTON made us all proud. mittee, calling the gentleman from Wisconsin AVID BEY IN THE HOUSE OF REPRESENTATIVES Thank you, Speaker PELOSI. Thank you. ‘‘Mr. Chairman.’’ I have watched D O f work—work hard, tirelessly, and with tremen- Wednesday, December 22, 2010 dous determination and intellect—to advance Mrs. MCMORRIS RODGERS. Madam RECOGNIZING MS. JENNIFER an agenda that makes the lives of regular Speaker, on rollcall No. 659 on, H.R. 5116 on CRASE Americans the highest priority of the federal Motion to Concur in the Senate Amendment, government. Chairman OBEY always fought for America COMPETES Reauthorization Act, I HON. GEOFF DAVIS the less fortunate, the vulnerable, those struggling for an opportunity to succeed, and to en- am not recorded because I was absent be- OF KENTUCKY sure those who have made this country great cause I gave birth to my baby daughter. Had IN THE HOUSE OF REPRESENTATIVES I been present, I would have voted ‘‘nay.’’ with their toil and sacrifice in the factory, the Madam Speaker, on rollcall No. 660 on H.R. Wednesday, December 22, 2010 farm field, or on the battlefield. He fought so 2142, on Motion to Concur in the Senate Mr. DAVIS of Kentucky. Madam Speaker, I they too could live and retire with security, re- Amendment, GPRA Modernization Act of rise today to recognize Ms. Jennifer Crase, a spect, and dignity. 2010, I am not recorded because I was absent mathematics teacher at South Oldham Middle It is often said that Mr. OBEY was tough and because I gave birth to my baby daughter. School in the Fourth Congressional District of rough on the outside, but I always found him to be a kind, warm soul who knew the impor- Had I been present, I would have voted ‘‘nay.’’ Kentucky. tance and magnitude of his responsibilities Madam Speaker, on rollcall No. 661 on H.R. Ms. Crase has been an educator for more and carried them out with the humble exper- 2751, on Motion to Concur in the Senate than thirteen years and has taught eighth tise of a legislative master. ‘‘I started as a shy Amendment, FDA Food Safety Modernization grade mathematics in Crestwood, Kentucky for boy from a troubled family of modest means,’’ Act, I am not recorded because I was absent 6 years. Rep. OBEY once said. Well, that shy boy has In June 2010, Ms. Crase was nominated by because I gave birth to my baby daughter. made a lifetime of contributions to our country Had I been present, I would have voted ‘‘nay.’’ President Barack Obama as a Presidential that will be judged by history as both profound Madam Speaker, on rollcall No. 662 on H.R. Awardee for the Presidential Awards for Excel- and far reaching. People who will never know lence in Mathematics and Science Teaching. 3082, on Motion to Concur in the Senate DAVID OBEY are living better lives with more Amendment to House Amendment to Senate In addition to being an outstanding teacher, opportunities because of him. The State of Amendment, Making appropriations for military she has worked at the State level to develop Wisconsin and the United States are better construction, the Department of Veterans Af- a standards-based report card for all Kentucky places because of his years of service in the fairs, and related agencies for the fiscal year middle schools. Ms. Crase serves as a team U.S. House. ending September 30, 2010, and for other pur- leader, mentor, presenter and mathematics As a Wisconsin Progressive in the tradition poses, I am not recorded because I was ab- lead teacher for her school. of Robert LaFollette, Rep. OBEY has never sent because I gave birth to my baby daugh- Ms. Crase is a strong mentor and a reliable shied away from calling out injustice or just ter. Had I been present, I would have voted friend to her colleagues. She encourages col- plain dumb policymaking. In his book, ‘‘Raising ‘‘nay.’’ laboration and sets high goals for all students. Hell for Justice,’’ he reminds citizens and pol- Madam Speaker, on rollcall No. 663 on H.R. Today, as we celebrate the accomplish- icymakers that ‘‘federal budgets that pay for 6547, on Motion to Suspend the Rules and ments of this exceptional Kentuckian, it is my tax cuts for millionaires with budget cuts in Pass, Protecting Students from Sexual and hope that others are encouraged by her hard education, Medicaid, child care, and health Violent Predators Act, I am not recorded be- work and determination. care are not just unfair; they are immoral.’’ cause I was absent because I give birth to my Madam Speaker, please join me in com- This quote was again put to the test only baby daughter. Had I been present, I would mending Jennifer Crase for her time and de- last week as Chairman OBEY voted against have voted ‘‘yea.’’ votion in helping the youth of the Common- extending massive tax cuts for millionaires and f wealth of Kentucky and the United States of billionaires. I was proud to join Chairman America. OBEY in opposing this tax cut for the wealthy IN HONOR OF SPEAKER NANCY f that only continues the disturbing pattern of in- PELOSI come re-distribution away from working fami- HONORING THE PUBLIC SERVICE lies and towards a class of economic elites. HON. JOE BACA AND EXTRAORDINARY CON- As the longest serving Member of Congress TRIBUTIONS OF CHAIRMAN OF CALIFORNIA in Wisconsin history, I know DAVID spent far DAVID OBEY OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES too much time away from his wife, Joan, and their family. I wish DAVID, Joan, and their Wednesday, December 22, 2010 HON. BETTY McCOLLUM sons’ families many happy days together in Mr. BACA. Madam Speaker, I thank you for OF MINNESOTA the coming years. In conclusion, let me simply say—Mr. Chair- your service to our country, for your sacrifice IN THE HOUSE OF REPRESENTATIVES and unyielding dedication. man, you have served our country so very Because of your leadership, Democrats Wednesday, December 22, 2010 well. It is personally difficult to see you leave, have much to be proud of during our work in Ms. MCCOLLUM. Madam Speaker, with the but your lifetime of service will live on in the the 110th and 111th Congress. conclusion of the 111th Congress, a career of lives of millions of Americans whose lives you As Speaker, you have made the United extraordinary public service in the House of have helped to improve. As a colleague and a States a better country. Women have more Representatives comes to an end. My col- friend, you have made me a better legislator rights in the workforce, children are safer, our league, friend and mentor—Chairman DAVID and for that I am grateful to you. military is stronger and our economy was OBEY—is concluding his career in Congress f saved from near complete collapse. representing the families of northwestern Wis- PERSONAL EXPLANATION Without you at the helm, healthcare for all consin that began in 1969. For twenty terms, would only be a dream. Because of your DAVID OBEY has been a liberal champion and labor, it will be a reality. a fierce defender of workers and their families. HON. LUIS V. GUTIERREZ OF ILLINOIS As the first woman to serve as Speaker of He has been a passionate and effective legis- IN THE HOUSE OF REPRESENTATIVES the House, you have left an indelible mark on lator for right of all Americans to access qual- our history. Your positive, supportive and em- ity health care and education. And, in the Wednesday, December 22, 2010 powering leadership will forever remind us of realm of U.S. foreign policy, Chairman OBEY Mr. GUTIERREZ. Madam Speaker, I was what it is to be an American. has a lifetime record of always striving to ad- unavoidably absent for votes in the House

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.020 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2245 Chamber yesterday. Had I been present, I If the American people exhibit the best as- S. 3481—A BILL TO AMEND THE would have voted ‘‘yea’’ on rollcall votes 662 pects of their nature—courage, compassion, FEDERAL WATER POLLUTION and 663. strength, resolve, community—the leaders in CONTROL ACT f the chamber will deliver accordingly. PERSONAL EXPLANATION I will always treasure the time I had here. I HON. ELEANOR HOLMES NORTON won some, I lost some, but I tried my best to OF THE DISTRICT OF COLUMBIA reflect the concerns of those I represented, as IN THE HOUSE OF REPRESENTATIVES HON. MARY JO KILROY well as the genuine goodness of the folks who Wednesday, December 22, 2010 OF OHIO call North Dakota home. Ms. NORTON. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES North Dakotans have selected a new Con- in strong support of S. 3481 to amend the Wednesday, December 22, 2010 gressman, Representative-elect Rick Berg, Federal Water Pollution Control Act, which Ms. KILROY. Madam Speaker, on the legis- and I wish him great success in delivering for clarifies that the Federal Government, like pri- lative day of Tuesday, December 21, 2010, I our state. vate citizens and businesses, must take re- cast a vote but it apparently was not recorded In conclusion, there is one group in par- sponsibility for the pollution it produces. This on rollcall vote 661. As a co-sponsor of this ticular I want to thank—all of those who have bill is the Senate companion to my bill, H.R. legislation, had my vote been properly reserved on my staff now at the end or any time 5724, cosponsored by my good friends from corded I would have voted ‘‘yea’’ on rollcall during these nine terms. Present and recent Virginia and Arizona, Rep. JIM MORAN and vote 661. staff members include Bob Siggins, Melanie Rep. GABRIELLE GIFFORDS. The bill passed the f Rhinehart Van Tassel, Stacy Austad, Brenden Senate with strong bipartisan support because Timpe, Adam Durand, Dustin Olson, Diane the Senate understood that this is simply an HONORING INDIVIDUALS FOR Oakley, Chris Cunningham, Matt Pearce, Hil- issue of fairness and equity to users and a THEIR WORK ON BEHALF OF THE lary Price, David Grant, Annie Finkenbinder, matter of managing pollution and protecting PEOPLE OF THE FIRST CON- Ross Keys, Joan Carlson, Dianne Mondry, the environment, In fact, this bill simply clari- GRESSIONAL DISTRICT OF OHIO Nick Keaveny, Geoff Greenwood, Bill fies current law, that the Federal Government Heigaard, and Erin Hill. has a responsibility to pay its normal and cus- HON. STEVE DRIEHAUS tomary fees assessed by local governments They are extraordinarily talented and dedi- for managing polluted stormwater runoff from OF OHIO cated individuals, reflective of the wonderfully IN THE HOUSE OF REPRESENTATIVES federal properties, just as private citizens pay. gifted staff members I have been privileged to The consequence of failing to pass this bill is Wednesday, December 22, 2010 work with for the 18 years of my service in the that we give the Federal Government a free Mr. DRIEHAUS. Madam Speaker, I would House. ride and pass its fees on to our constituents like to recognize the following individuals for Now I look forward to more time with my throughout the United States. their work on behalf of the people of the first wife, Mary, and my children, Kathryn and Section 313 of the Federal Water Pollution congressional district of the State of Ohio and Scott, as this term ends and my membership Control Act states, ‘‘Each department, agency, for their dedicated service to the 111th United in this body ceases. or instrumentality . . . of the Federal Govern- States Congress. I offer my sincerest appre- I thank my colleagues for their commitment ment . . . shall be subject to, and comply with ciation to Alyson Budd, Jay Stolkin, Robert to work so hard to serve their constituents and all Federal, State, interstate, and local require- George, Danielle Vizgirda, Sean Kelley, Ozie our country. ments . . . in the same manner, and to the Davis III, Steve Brinker, Victoria Parks, Mary same extent as any nongovernmental entity Ellen Sullivan, Shannon Faulk, Alex Kisling, I have been richly blessed to have had the including the payment of reasonable service Colby Nelson, Morgana Carter, Sarah chance to work with you in the people’s charges.’’ However, the Government Account- McHugh, Aaron Wasserman, Tim Mulvey, House—the United States Congress. ability Office issued letters to Federal agencies Heidi Black, Greg Mecher, and Sarah Curtis. in the District of Columbia instructing them not f f to pay the District of Columbia’s Water and Sewer Authority’s (D.C. Water’s) Impervious PERSONAL EXPLANATION CONCLUSION OF MY SERVICE IN Area Charge. D.C. Water calculates the THE CONGRESS charges to manage stormwater runoff based HON. ADAM SMITH on the amount of impervious land occupied by HON. EARL POMEROY the landowner. Impervious surfaces, such as OF NORTH DAKOTA OF WASHINGTON roofs, parking lots, sidewalks and other hard- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ened surfaces are the major contributors to stormwater runoff entering the sewer system Wednesday, December 22, 2010 Wednesday, December 22, 2010 and local rivers, lakes and streams, causing Mr. POMEROY. Madam Speaker, I want to significant amounts of pollutants to enter these take this opportunity to thank the people of Mr. SMITH of Washington. Madam Speaker, waters. This bill clarifies that in my district and North Dakota for the chance to represent our on Tuesday, December 21 and Wednesday, all others congressional districts, Federal great state in this great chamber for the past December 22, 2010, I was unable to be agencies must continue to pay their utility fees 9 terms. present for recorded votes. instead of passing the fees to our constituents. Words cannot adequately express the feel- Had I been present, I would have voted: Nothing in this Act was intended to affect ings of gratitude I have as my time as a mem- ‘‘yes’’ on rollcall vote No. 657 (on agreeing to the payment by the United States or any de- ber of body draws to a close. the resolution H. Res. 1771); ‘‘yes’’ on rollcall partment, independent establishment, or agen- At varying times I’ve agreed or disagreed vote No. 658 (on the motion to suspend the cy thereof of any sanitary sewer services fur- with virtually every member—Democratic or rules and pass H.R. 6540); ‘‘yes’’ on rollcall nished by the sanitary sewage works of the Republican—in this House. Steering the vote No. 659 (on the motion to concur in the District through any connection thereto for di- course for the United States of America is a Senate amendment to H.R. 5116); ‘‘yes’’ on rect use by the government of the United very difficult and complex undertaking. As our rollcall vote No. 660 (on the motion to concur States or any department, independent estab- country moves into its third century in the first in the Senate amendment to H.R. 2142); lishment, or agency thereof. The rules for decade of the new millennium, it seems like ‘‘yes’’ on rollcall vote No. 661 (on the motion those payments are set forth in law codified at the challenges only get bigger as we go for- to concur in the Senate amendments to H.R. section 34–2112 of the D.C. Code and nothing ward. 2751); ‘‘yes’’ on rollcall vote No. 662 (on the in this Act amends or otherwise affects those But I conclude my life here with a strong motion to concur in the Senate amendment to rules. This bill requires that Congress make sense of hope and optimism for the future. the House amendment to the Senate amend- available, in appropriations acts, the funds that The United States Capitol is the icon of de- ment to H.R. 3082); ‘‘yes’’ on rollcall vote No. could be used for to pay stormwater manage- mocracy known throughout the world. In this 663 (on the motion to suspend the rules and ment charges, but not that the appropriations historic place, sometimes in the darkest hour, pass H.R. 6547); and ‘‘yes’’ on rollcall vote act would need to state specifically or ex- leaders here assembled have set the course No. 664 (on the motion to concur in the Sen- pressly that the funds could be used to pay to see us through. ate amendment to H.R. 847). these charges.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.025 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2246 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 This bill is supported by the National Gov- PERSONAL EXPLANATION tion of veterans will continue their service to ernors Association, the National Conference of America by reaching their full educational and State Legislatures, the Council of State Gov- HON. DEAN HELLER economic potential through the Post-9/11 GI ernments, the National Association of Coun- OF NEVADA Bill. While I support this bill and urge my col- ties, the National League of Cities, the U.S. IN THE HOUSE OF REPRESENTATIVES Conference of Mayors, the International City/ leagues to vote for it, there are some provi- County Management Associations, as well as Wednesday, December 22, 2010 sions in the legislation that I believe deserve the National Association of Clean Water Agen- Mr. HELLER. Madam Speaker, on rollcall additional consideration. Although I support cies. All of these national groups understand No. 662 I was unavoidably detained. setting a national average tuition rate for ben- that stormwater management fees, without Had I been present, I would have voted efits, I am concerned that students in states any exceptions, are necessary for managing ‘‘no.’’ like New York will be negatively impacted by and reducing water pollution caused by f the $17,500 baseline. stormwater runoff. Moreover, they understand This legislation will reduce benefits for stu- that many agencies in States and localities CONTINUING APPROPRIATIONS dents in New York already enrolled in pro- may stop paying their water and stormwater AND SURFACE TRANSPORTATION grams where the cost is above the baseline. management fees if we do not act, putting EXTENSIONS ACT, 2011 Students based decisions about which institu- even more financial burden on residents. tion of higher education to attend partly on a SPEECH OF benefit level guaranteed in the 2008 law. A Federal law has mandated that these local ‘‘hold harmless’’ provision would have allowed governments must collect these fees. No ex- HON. PEDRO R. PIERLUISI these students to continue to receive the emption has been granted to Federal facilities. OF PUERTO RICO same level benefits for which they are entitled. Please support S. 3481 to clarify the original IN THE HOUSE OF REPRESENTATIVES Under current law, state approving agen- intent of the law. Tuesday, December 21, 2010 cies, SAAs, are charged with approving pro- I urge my colleagues to support this bill. Mr. PIERLUISI. Madam Speaker, I rise to grams and schools that are deemed appro- express my strong support for the inclusion of priate for vets using the GI Bill. S. 3447 per- f increased funding for the Federal Pell Grant mits the Veterans Administration, VA, to make Program in the Continuing Resolution. Pell this determination and I am concerned that PERSONAL EXPLANATION Grants are instrumental in helping students this responsibility should remain within SAA’s obtain college degrees and further prepare jurisdiction, as they have been the experts in themselves to join the modern workplace. In protecting veterans from fraudulent programs. HON. DANNY K. DAVIS Puerto Rico, over 280,000 students benefit The bill goes further by permitting veterans to OF ILLINOIS from this funding each year. use their GI benefits at schools without any Last year, I was proud to join my colleagues approval by SAAs or the VA. In my view this IN THE HOUSE OF REPRESENTATIVES on the House Education Committee in voting is unwise. Wednesday, December 22, 2010 to increase the maximum Pell Grant award to This legislation permits the VA to expand GI $5,550 for the current academic year and to benefits to trade schools, unaccredited col- Mr. DAVIS of Illinois. Madam Speaker, I tie future awards to inflation. However, this in- leges, and programs that lead to no degree or was unable to cast votes on the following leg- creased funding will be put in jeopardy if Con- certificate. While I understand that many vet- islative measures. If I were present for roll call gress does not act today. Largely as a result erans choose not to take a more traditional votes, I would have voted ‘‘aye’’ for each of of the economic downturn, Pell Grant applica- path and attend an institution of higher edu- the following votes: tions have increased by 20 percent during the cation, I am deeply concerned that taxpayer Roll 657, December 21, 2010: On Agreeing past year. Without an additional investment in dollars will go to programs that will not lead to to the Resolution: H. Res. 1771, Waiving a re- the Pell Grant Program, the maximum award gainful employment. I am also concerned that this bill includes a quirement of clause 6(a) of rule XIII with re- could be cut by more than 15 percent, putting so-called ‘‘last-payer’’ provision. The last payer spect to consideration of certain resolutions college out of reach for many students. I urge my colleagues to support the Con- provision withholds the student’s GI Bill benefit reported from the Committee on Rules, and tinuing Resolution to ensure that college re- until a calculation is made of any state and providing for consideration of motions to sus- mains affordable for our Nation’s students. private tuition aid, for which a veteran may be pend the rules. f eligible. In some cases, this would cause a Roll 658, December 21, 2010: On Motion to delay in GI benefits and lead to needless con- Suspend the Rules and Pass: H.R. 6540, De- POST-9/11 VETERANS EDU- fusion. fense Level Playing Field Act. CATIONAL ASSISTANCE IM- As a former college administrator, I am very PROVEMENTS ACT OF 2010 Roll 659, December 21, 2010: On Motion to pleased to see so many veterans returning home and choosing to seek further education. Concur in the Senate Amendment: H.R. 5116, SPEECH OF America COMPETES Reauthorization Act. However, I am deeply concerned with a grow- HON. TIMOTHY H. BISHOP ing number of reports that some institutions Roll 660, December 21, 2010: On Motion to may be abusing GI tuition payments by ag- Concur in the Senate Amendment: H.R. 2142, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES gressively targeting veterans for academic GPRA Modernization Act of 2010. programs that may not provide an actual ben- Wednesday, December 15, 2010 Roll 661, December 21, 2010: On Motion to efit to a student, such as preparation for future Concur in the Senate Amendments: H.R. Mr. BISHOP of New York. Mr. Speaker, I employment. 2751, FDA Food Safety Modernization Act. rise today in support of S. 3447, the Post-9/11 Mr. Speaker, it is my hope that in the 112th Roll 662, December 21, 2010: On Motion to Veterans Educational Assistance Improve- Congress we can achieve bipartisan solutions Concur in the Senate amendment to House ments Act of 2010. to these issues to protect both taxpayers and amendment to Senate amendment: H.R. 3082, The original GI Bill proved to be a landmark distinguished veterans. The Post-9/11 GI Bill Making appropriations for military construction, initiative for our troops and an outstanding in- is a small token of our appreciation for their the Department of Veterans Affairs, and re- vestment in the future of our Nation. The Post- valor and service to our Nation. I would like to lated agencies for the fiscal year ending Sep- 9/11 GI Bill, signed into law in 2008, built on submit for the RECORD a letter signed by var- tember 30, 2010, and for other purposes. the success of the original program by pro- ious higher education groups that outlines the viding helpful and hard-earned educational community’s concerns with this legislation. Roll 663, December 21, 2010: On Motion to and economic benefits for our newest genera- AMERICAN COUNCIL ON EDUCATION, Suspend the Rules and Pass: H.R. 6547, Pro- tion of veterans. Although today’s legislation Washington, DC, December 14, 2010. tecting Students from Sexual and Violent seeks to make it easier for veterans to utilize House of Representatives, Predators Act. their educational benefits, some of the Washington, DC. DEAR REPRESENTATIVE: On behalf of the Roll 664, December 21, 2010: On Motion to changes will have detrimental consequences. American Council on Education and the or- Concur in the Senate Amendment: H.R. 847, Just as the veterans of WWII were the en- ganizations listed below, we write to express James Zadroga 9/11 Health and Compensa- gine of economic recovery and expansion in our hope that before adjournment, the 111th tion Act. the post-war period, the most recent genera- Congress will approve a final version of the

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.030 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2247 Post-9/11 Veterans Educational Assistance most vulnerable in our society, we are consid- Rollcall vote No. 663: I would have voted in Improvement Act of 2010 that addresses the ering legislation that would protect children favor of the Motion to Concur in the Senate concerns outlined below. from sex traffickers. amendment to H.R. 847, the James Zadroga Both the House version (H.R. 6430) and the Tragically, this heinous crime is becoming 9/11 Health and Compensation Act. Senate version (S. 3447) make welcome improvements to current law, such as expand- more common with as many as 100,000 f ing the benefits to troops serving in the Ac- young people trafficked every year within our tive Guard Reserve and to National Guard borders. TRIBUTE TO LIEUTENANT COLO- members who have honorably served their To address this heartbreaking trend, the leg- NEL ALPHONSE R. TELESE JR. country on active duty, including at the islation before us authorizes a comprehensive AND SPECIALIST JIM sites of natural disasters. The bills also re- grant program to identify and assist victims BATCHELOR place the complex state-by-state tuition and and strengthens the National Crime Informa- fee cap look-up chart with language that tion Center, NCIC, database that enables law specifies that GI Bill benefits cover tuition HON. RALPH M. HALL and fees for veterans attending public insti- enforcement officials to track missing and ex- OF TEXAS tutions while establishing a single national ploited children. IN THE HOUSE OF REPRESENTATIVES These commonsense steps will make a real tuition baseline for those who enroll in pri- Wednesday, December 22, 2010 vate institutions. difference in the lives of thousands of kids However, we believe that the House version who have experienced unimaginable ordeals. Mr. HALL of Texas. Madam Speaker, as we is preferable in two very critical respects. S. 2925 mirrors House legislation authored approach the close of the 111th Congress, it First, S. 3447 contains a provision that would by my colleagues Congresswoman CAROLYN is important to remember our men and women add a new source of confusion for veterans MALONEY and Congressman CHRIS SMITH. I in uniform around the world. These brave men and prevent them from having a clear idea of and women sacrifice every day to ensure that the level of support to which they are enti- applaud their hard work on behalf of these for- tled. This so-called ‘‘last-payer’’ provision, gotten young people and commend them for United States citizens enjoy the freedom that which withholds the GI Bill benefit until a their leadership in devising smart solutions to we all cherish. We pay tribute as well to our calculation is made of any state and private fight the scourge of child prostitution in Amer- wounded warriors and wish them a safe and tuition aid for which a veteran may be eligi- ica. happy holiday season. ble, would not only confound veterans and The Domestic Minor Sex Trafficking Deter- One such hero is retired specialist Jim delay the delivery of aid, but in some cases rence and Victims Support Act will significantly Batchelor who has served his country proudly would conflict with state statutes. In con- augment our efforts to help children trauma- for over three and a half years. During his ten- trast, H.R. 6430 does not include such a provi- tized by the worst kind of criminal act and I ure in the Army he has earned numerous sion and will help end the frustration and confusion that far too many veterans have urge its swift passage. awards and decorations, including the Purple experienced in attempting to access their In an era characterized by bitter partisan- Heart, Combat Infantry Badge, expert badges benefits. ship, it is exceedingly gratifying for me that in driving and marksmanship, good conduct Second, H.R. 6430 includes an important members of this body can still reach across medals, and Army Commendation medals. Not ‘‘hold harmless’’ provision, designed to pro- the aisle and stand together in defense of chil- allowing his military injury to slow him down, tect veterans who might otherwise be nega- dren caught in perilous circumstances. he has finished his degree in criminal justice tively impacted by the establishment of a It is my sincere hope that next year we can and is now pursuing a master in psychology to national baseline. In several states, veterans come together in the same spirit of bipartisan- help his fellow soldiers returning from the war. attending private institutions currently receive a base benefit that is greater than the ship to help young people apprehended along He and his wife, Antoinette, live in Cooper new national baseline amount provided in ei- our southern border. Texas, and are expecting the birth of their first ther version of the legislation. By failing to f child. include this ‘‘hold harmless’’ language, the Another hero who deserves tribute is retired Senate bill would reduce benefits for a num- PERSONAL EXPLANATION Lieutenant Colonel Alphonse R. Telese Jr. Mr. ber of veterans upon enrollment for a subse- Telese served in the U.S. Army for over 32 quent term. In contrast, the House bill would HON. DEAN HELLER years before retiring in August of 2008. It was help ensure that veterans continue to receive during his tour of duty in Iraq that he was per- their current benefits without interruption. OF NEVADA As this legislation nears passage, we IN THE HOUSE OF REPRESENTATIVES manently injured during a mortar attack. He has received numerous awards and decora- strongly urge you to modify S. 3447 so that it Wednesday, December 22, 2010 reflects the approach taken by the House bill tions throughout his distinguished career. on these two important issues. Our campuses Mr. HELLER. Madam Speaker, on roll call These include the Legion of Merit award, Na- have worked very hard to smooth out the No. 663, I was unavoidably detained. tional Defense Medal, and the Global War on difficulties that veterans have faced under Had I been present, I would have voted Terrorism Expeditionary Medal, to name a current law, and these improvements will en- ‘‘yes.’’ few. Today, he and his wife Tierney reside in able them to serve veterans even more effec- Frisco, Texas. Since his retirement, LTC tively. f Telese continues to support the military, volun- Thank you for all of your work on behalf of PERSONAL EXPLANATION the nation’s veterans. teering his time and talents to the Dallas Sum- Sincerely, mer Boat Show Tournament of Heroes Invita- MOLLY CORBETT BROAD, HON. EARL BLUMENAUER tion Bass Fishing Tournament which provides President. OF OREGON a much deserved break for our military he- f IN THE HOUSE OF REPRESENTATIVES roes. As we adjourn today, let us do so in mem- DOMESTIC MINOR SEX TRAF- Wednesday, December 22, 2010 ory and in honor of those who answer the call FICKING DETERRENCE AND VIC- Mr. BLUMENAUER. Madam Speaker, due to duty and to whom we owe a debt of grati- TIMS SUPPORT ACT OF 2010 to an illness, I was unable to be in Wash- tude that can never be paid. ington, DC, for votes on December 21, 2010 f SPEECH OF and December 22, 2010. HON. LUCILLE ROYBAL-ALLARD Had I been present for the votes on Tues- PERSONAL EXPLANATION OF CALIFORNIA day, December 21, 2010, I would have voted IN THE HOUSE OF REPRESENTATIVES as follows: HON. ERIK PAULSEN Rollcall vote No. 662: I would have voted in Tuesday, December 21, 2010 OF MINNESOTA favor of the Motion to Concur in the Senate IN THE HOUSE OF REPRESENTATIVES Ms. ROYBAL-ALLARD. Madam Speaker, I amendment to House amendment to Senate rise today in strong support of S. 2925, the amendment on H.R. 3082, the Continuing Ap- Wednesday, December 22, 2010 Domestic Minor Sex Trafficking Deterrence propriations Act for 2011. Mr. PAULSEN. Madam Speaker, on rollcall and Victims Support Act. Had I been present for the votes on No. 657, (H. Res. 1771), my flight was de- It is fitting that as one of the last acts of this Wednesday, December 22, I would have layed due to weather and had I been present, Congress which has done so much to aid the voted as follows: I would have voted ‘‘no.’’

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.035 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2248 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 PERSONAL EXPLANATION bidding, I had struck at every option and never who took up its support and moved it to pas- scored a hit. I was at a loss for where to go sage through the Energy and Water Appro- HON. DEAN HELLER when Tony Coelho sought me out and offered priations bill. This saved the moratorium from OF NEVADA me a seat on the House Armed Services being vetoed because the super-collider was IN THE HOUSE OF REPRESENTATIVES Committee. also in this bill, and President Bush wanted it The HASC dove-tailed nicely with my district to be funded. Wednesday, December 22, 2010 because the Fifth District includes Shaw Air Another satisfying measure: my substitute to Mr. HELLER. Madam Speaker, on rollcall Force Base. But as important as Shaw is, I the war powers resolution authorizing Presi- No. 657, I was unavoidably detained. Had I learned that other members had defense inter- dent Bush to use force against Iraq. This sub- been present, I would have voted ‘‘no.’’ ests far larger than mine. Since I was not car- stitute authorized the force needed to search f rying water for a large defense constituency, I for weapons of mass destruction, but before had the independence to take on troubled sys- going further, it called on the president to seek PERSONAL EXPLANATION tems, like the DIVAD, the Division Air Defense the sanction of the U.N. Security Council, as ´ gun, which my amendment effectively killed; or his father had done, and to come back to HON. RUBEN HINOJOSA the MX , which I voted to stop at 50 missiles, Congress with the case for a broader use of OF TEXAS or binary chemical weapons, which my force, which would be received with a fast- IN THE HOUSE OF REPRESENTATIVES amendments helped side-track and eventually track guaranty, an up-or-down vote in the Wednesday, December 22, 2010 derail. House and Senate. My substitute did not pre- In selecting members for every committee, Mr. HINOJOSA. Madam Speaker, I regret vail, but it drew 157 votes, and gave many the leadership tries to match the member’s in- that I was unavoidably detained. Had I been members a position they could uphold. terests at home with his committee in the I made my mark in the House on defense, present, I would have voted ‘‘aye’’ on rollcall House. That’s natural and to be expected, but but during most of my 28 years, my greatest No. 660 and 661. we should also select members for ballast— concern was the budget and chronic deficits. f members free to act, ask hard questions, and In 1997, I was elected by the Democratic Cau- REFLECTIONS offer amendments. cus as ranking member of the Budget Com- At the time I took my seat on Armed Serv- mittee. I ran against opposition and told the HON. JOHN M. SPRATT, JR. ices, the nation was engaged in the biggest caucus that if I was elected, we would ‘‘finish defense build-up in our peace-time history, OF SOUTH CAROLINA the job’’ of balancing the budget that began and the committee chairman presiding over IN THE HOUSE OF REPRESENTATIVES with President Clinton’s first budget. About the this build-up was well past his prime. Elderly same time, Erskine Bowles returned to Wash- Wednesday, December 22, 2010 and weak, he could barely be heard over the ington to be the President’s Chief of Staff, and Mr. SPRATT. Madam Speaker, when I was din of noise in the committee room. When Les when he paid me a courtesy call, he told me elected to Congress 28 years ago, it was the Aspin let it be known that he was going to run that he had the same understanding with the fulfillment of a life-long ambition. But I had for the chair, and leap-frog six senior mem- President. With the President’s encourage- never served in elective office before, and bers, I was among the first to offer support. ment, the four budget principals in the House frankly, I wondered how well it would wear— We prevailed, and over the next five years, and Senate began meeting, and by May 1997 all the back-slapping and glad-handing and Aspin allowed me to set up and chair two pan- we had hammered out a balanced budget garrulous talk. els, the first on Reagan’s Strategic Defense agreement which worked. By 1998, the budget My first revelation was to find that this Initiative, and the second, on the nuclear was in balance for the first time in 30 years. House is not made up of back-slappers and weapons complex. Though both were impor- President Bush took office with an advan- glad-handlers. It is made up of members who tant, neither was receiving the attention it de- tage few presidents have enjoyed, a budget in work hard to get here, many out of patriotic served by the committee or any of its sub- balance, in the black by $236 billion the year purpose, hoping that they in their time can committees, due to other issues or a lack of before. I was invited to Austin, Texas with 12 contribute something worthy of this great interest in these. other members to discuss defense issues with country. Most of the members are extroverted Because of our oversight, we were able to the incoming president. I used my time to en- and energetic, and have to be, to get elected pare back the SDI budget; shift funds from courage President Bush to apply the surplus every two years. strategic missile defense to theater missile de- in Social Security to buy outstanding Treasury At Davidson College, my alma mater; at Ox- fense, and wipe out a few far-fetched systems debt, and reduce Treasury debt held by the ford on scholarship; at Yale Law; in the Pen- altogether. For example, my amendment de- public. This would increase net national sav- tagon as a young analyst, and as a practicing leted funding for the space-based interceptor. ing, lower public debt, and be a long step to- lawyer, I made many good friends, but few as In the press release accompanying passage of ward making Social Security solvent. The good as the friends I have made here. Of all the defense bill, the headline read: ‘‘House president-elect professed interest but not for the things I will miss, I will miss most the fel- Takes the Star out of Star Wars.’’ President long, and by 2004, the deficit was over $400 lowship and camaraderie. Reagan did not find it amusing; he vetoed the billion. I first experienced Congress as a young defense bill, but after many years and billions President George W. Bush was greeted as Army officer in the Pentagon, working for the of dollars, our cuts have stood the test of time. he took office by a surplus of $200 billion. Assistant Secretary of Defense (Comptroller) After two years, we had to return SDI to the When he left office in 2009, the surplus was on defense contractors in financial distress, Research and Development Subcommittee, so gone, and the deficit projected for that fiscal mainly Lockheed Aircraft Corporation. As staff we set up a new panel dealing with nuclear fa- year was $1.2 trillion. at the Department of Defense, we did a lot of cilities. The Cold War had enabled our nuclear As I leave Congress, the deficit is hovering work that I thought staff at Congress should complex to put off environmental and safety around a trillion dollars and while improving, be doing, particularly if Congress hoped to be issues. To deal with these problems, we shift- current deficits exceed the deficits of the mid- a co-equal branch. The greatest difference be- ed nearly a billion dollars from Defense to En- 1990s by every measure. But the process of tween Congress then, from ’69 through ’71, ergy, and saved over a billion dollars by stop- resolving both is basically the same: every- and Congress 12 years later, when I came ping the Special Isotope Separator, a laser- thing must be on the table and everyone must here in 1983 as an elected member, was staff. driven process to produce plutonium, even be at the table. Committee staff and members’ staff both had though the Secretary of Energy acknowledged As the menu for such a meeting, the Presi- grown greatly, in quality and quantity. As a re- we were ‘‘awash in plutonium.’’ dent’s Fiscal Commission has submitted a sult, today’s Congress is better staffed and We scored a number of such successes, plate full of recommendations. I served on the equipped, more effective and independent, but the most satisfying took place largely off commission and voted for the report, even and a lot closer to being co-equal. stage where we made the case for a morato- though I do not support all of its proposals. I I have had the good fortune of working with rium on nuclear testing. We first helped Rep- cast an ‘‘aye’’ because our country is in des- talented staff in my office and on the commit- resentative. Kopetski draft a bill calling for an perate need of a plan for balancing the budget tees where I have served; and as I leave, I immediate cessation of testing, and we then and making Social Security and Medicare sol- thank them all, because anything I have done drafted an alternative that we thought the Sen- vent. These will not be popular—far from it— of significance, I did with their good help. ate would pass allowing for a few final tests but as they shore up our economy, they will My first quest in Congress was to get a before declaring a moratorium. We proposed prove their worth and raise the standing of good committee assignment. After two days of the alternative to Senators Exon and Hatfield, Congress in the eyes of our countrymen. I am

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.041 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2249 sorry that I will not be here to lend my sup- HONORING THE LIFE AND SERVICE Win’s leadership and determination, changed port, but as a parting gesture, I urge the OF PFC JAYSINE P.S. PETREE the face of Medtronic. Today it is the world’s House to go for it. largest medical device company. I will remember with pride my 28 years in HON. MADELEINE Z. BORDALLO Although Win brought great success to the the House of Representatives and our positive OF GUAM companies he led, his life cannot simply be measured in their bottom lines, but rather in accomplishments over that time. I am told that IN THE HOUSE OF REPRESENTATIVES only 500 members have served in the House the countless lives he touched through his for as long as 28 years. I thank my constitu- Wednesday, December 22, 2010 philanthropic endeavors. ents for that opportunity, and hope that history Ms. BORDALLO. Madam Speaker, I rise Win was a true believer in empowerment will show that I used it to make this a better today to honor the service and sacrifice of through higher education. Since 1986, Win country in ways that stood the test of time. United States Army Private First Class Jaysine and his wife Maxine have helped over 3,000 P.S. Petree. PFC Petree was assigned to the high school students make the dream of a col- f 109th Transportation Company, 17th Combat lege education a reality through their Wallin Sustainment Battalion, 3rd Maneuver En- Scholarship. FDA FOOD SAFETY hancement Brigade at Fort Richardson, Alas- While Minnesota will never be able to re- MODERNIZATION ACT ka. On September 24, 2010, PFC Petree place Win, his legacy lives on through the lives he has touched and the state he has SPEECH OF passed away in support of Operation Enduring Freedom in Afghanistan. She was 19 years made better through his presence. HON. DANNY K. DAVIS old. f OF ILLINOIS Known by her friends as ‘‘Jen’’, PFC Petree CONGRATULATING THE FERGUSON IN THE HOUSE OF REPRESENTATIVES was born in the Philippines and moved to FAMILY Tuesday, December 21, 2010 Guam in 2002. PFC Petree attended Simon Sanchez High School in Yigo, Guam, where Mr. DAVIS of Illinois. Mr. Speaker, I rise she excelled in both academics and inter- HON. JOE WILSON today in support of H.R. 2751, the FDA Food scholastic sports. Shortly after her graduation OF SOUTH CAROLINA Safety Modernization Act of 2010, a bill that in 2009, PFC Petree enlisted in the U.S. IN THE HOUSE OF REPRESENTATIVES would overhaul our Nation’s food safety sys- Army, and on September 24, 2010, she made Wednesday, December 22, 2010 tem by fundamentally changing the way we the ultimate sacrifice while defending our Na- Mr. WILSON of South Carolina. Madam protect the safety of our food supply. The tion’s freedom in support of combat operations Speaker, congratulations to our former Col- focus of this legislative measure is to prevent in Afghanistan. I join our community in mourn- league from New Jersey, Mike Ferguson, and contamination of food before it occurs, which ing the loss of PFC Petree and I offer my his wife Maureen Ferguson on the birth of is a departure from the current system today most sincere condolences to her parents, Her- their new daughter Lucy Therese Ferguson. that responds after a food-borne illness out- bert and Jayne Sucgang Petree, and to her Lucy was born on Wednesday, December 15, break. Specifically, it requires food producers many family and friends. We are eternally 2010, at Sibley Hospital in Washington, DC. to come up with strategies to prevent contami- grateful for her service and will never forget Lucy Therese Ferguson is eight pounds and nation and then continually test to make sure the sacrifices of PFC Petree. two ounces of pride and joy to her loving these strategies are working. In addition, H.R. May God bless the family and friends of grandparents, Patrick and Esther Malloy of 2751 would allow the FDA to increase the PFC Jaysine P.S. Petree, God bless Guam, West Swanzey, New Hampshire, and Tom number of inspections to conduct, and re- and God bless the United States of America. Ferguson of Wellington, Florida. I am so ex- quires foreign importers to ensure their food f cited for this new blessing to the Ferguson products meet U.S. safety standards. family and wish them all the best. Mr. Speaker, I applaud the leadership of the PERSONAL EXPLANATION House and the Senate for this bipartisan legis- f lation to provide a framework for developing HON. DEAN HELLER POSTHUMOUS TRIBUTE TO preventive control standards from farm to table OF NEVADA SERGEANT WILLIE JAMES QUINCE to protect the public from food contamination. IN THE HOUSE OF REPRESENTATIVES Wednesday, December 22, 2010 HON. BILL PASCRELL, JR. f OF NEW JERSEY Mr. HELLER. Madam Speaker, on rollcall HONORING JOHN SHADEGG IN THE HOUSE OF REPRESENTATIVES No. 664 I was unavoidably detained. Had I been present, I would have voted Wednesday, December 22, 2010 HON. JEFF FLAKE ‘‘no.’’ Mr. PASCRELL. Madam Speaker, I would OF ARIZONA f like to call your attention to the life and work IN THE HOUSE OF REPRESENTATIVES of an outstanding individual, the late Sergeant A ONE-OF-A-KIND-MINNESOTAN: Willie James Quince of Paterson, New Jersey, Wednesday, December 22, 2010 WIN WALLIN whose life was celebrated during a memorial Mr. FLAKE. Madam Speaker, I rise today to service on Monday, November 29, 2010, at honor a valued member of the Arizona delega- HON. ERIK PAULSEN the First A.M.E. Zion Church. tion, JOHN SHADEGG. OF MINNESOTA It is only fitting that he be honored in this, JOHN SHADEGG is ending his service to this IN THE HOUSE OF REPRESENTATIVES the permanent record of the greatest democ- institution after 16 years. He came here in racy ever known, for he served countless oth- Wednesday, December 22, 2010 1994 and has served the State of Arizona ex- ers throughout his lifetime. tremely well during that time. During his time Mr. PAULSEN. Madam Speaker, today I Sergeant Willie James Quince was born in here, JOHN promoted the principles of limited rise to honor the life of Winston ‘‘Win’’ Wallin: Valdosta, Georgia in 1921 to Mr. Remer government, economic freedom, and individual businessman, philanthropist, pioneer and one- Quince and Helen Braswell. His family moved responsibility, and has stayed true to his of-a-kind Minnesotan. to West Palm Beach, Florida, where he fin- ideals while proudly serving the people of Ari- Born in Minneapolis in 1926, Win, like so ished elementary school and graduated from zona’s Third District. many in his generation, served in the military Industrial High School. He went on to courses Arizona has a habit of producing great legis- during World War II. After two years as a at Purple Kerpels School of Mechanical Den- lators, including Barry Goldwater, Mo Udall, Navy pilot, he earned a bachelor’s degree in tistry in New York City, NY. He then studied Carl Hayden, and others; JOHN SHADEGG’s business administration from the University of 4 years at the Jones Barber School in Atlantic name will certainly be added to that illustrious Minnesota. City, NJ, and the Interracial Barber College in list. Following graduation, Win began a long and Atlantic City, NJ, graduating in 3 years. After I want to pay tribute to JOHN today and tell industrious career with Pillsbury, rising through graduation, he moved to Paterson, N.J. in him how much the Arizona delegation, and all the ranks to Chief Operations Officer. January 1958 and opened Quince’s Barber of us will miss his steady, constant, principled In the mid-80’s, Win left Pillsbury to head a Shop. leadership here in the House of Representa- little-known, struggling medical device com- He was married to Mary M. Quince for 61 tives. Well done, JOHN SHADEGG. pany based in Minnesota, named Medtronic. years, and together they raised five children,

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.044 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2250 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 Wiley ‘‘Sonny’’ Quince, William A. Quince ly 320,000 jobs; providing $10 billion to save PROTECTING AMERICAN PATENTS, pro- (Linda), Madgeline Z. Quince, Sylvia A. Lucas, 161,000 teacher jobs and $16 billion in Med- viding funding, fully offset, to prevent addi- and Kelvin C. Quince (Cora); and also now icaid aid, with the effect of creating/saving tional backlogs in patent applications, as 158,000 jobs, including police officers, fire- patents are critical to American innovation have 10 grandchildren and 13 great-grand- fighters, nurses & private sector workers; and economic growth. (Signed into Law) children. Mr. Quince was a faithful husband, fully paid for by closing loopholes that en- AMERICA COMPETES REAUTHORIZA- dedicated father, grandfather and great-grand- courage companies to ship American jobs TION, to invest in modernizing manufac- father, and a committed community servant. overseas; cutting deficit by $1.4 billion. turing; basic R&D; high risk/high reward He earned many accolades and had a long (Signed into Law) clean energy research; and teaching science, record of accomplishment as a forerunner for STUDENT AID & FISCAL RESPONSI- technology, engineering and math. (Passed BILITY ACT, making the largest investment by House) civil rights and a leader throughout Paterson. JOBS FOR MAIN STREET ACT, to boost He was a long-time member of First A.M.E. in college aid in history—increasing Pell Grants, making college loans more afford- small business and to rebuild highways and Zion Church, where he was elected Man Of able, and strengthening community col- transit; paid for by redirecting TARP funds The Year multiple times, served on the Board leges—while reducing the federal deficit by from Wall Street to Main Street. (Passed by House) of Trustees for 31 years and served as Chair- ending wasteful student loan subsidies to SMALL BUSINESS & INFRASTRUCTURE man for 15 years. He also served on the banks. (Signed into Law) JOBS ACT, to extend Build America Bonds HIRE ACT, creating up to 300,000 jobs, by Stewart Board, Usher Board, The Dreamers, to help finance the rebuilding of schools, providing a payroll tax holiday for busi- The Kitchen Cabinet, and The Zion Seniors. hospitals, roads and bridges; and target tax He served our nation as a Drill Sergeant nesses that hire unemployed workers and a incentives to spur investment in small busi- tax credit for businesses that retain these nesses and help entrepreneurs looking to during World War II Army Air Force and re- workers; also unleashes tens of billions of ceived the Medal of Good Conduct, WWII Vic- start a new business. (Passed by House) dollars to rebuild infrastructure; fully paid EDWARD M. KENNEDY SERVE AMERICA tory Medal and ATO Medal. He was an Hon- for by cracking down on offshore accounts ACT, tripling volunteerism opportunities to ored Life Member of the NAACP Paterson for wealthy. (Signed into Law) 250,000 for national service for students to re- Branch, a member of the Habitat for Humanity CASH FOR CLUNKERS, jump-starting the tirees; increased college financial awards. Paterson Chapter Tenants Selection Com- U.S. auto industry, providing consumers (Signed into Law) mittee for Home Ownership. He was the first with up to $4,500 to trade in an old vehicle PERMANENT ESTATE TAX RELIEF at African-American elected chairman of the for one with higher fuel efficiency—spurring the 2009 level to ensure that 99.8 percent of the sale of 700,000 vehicles. (Signed into Law) estates never pay a dime of taxes and offer Paterson Housing Authority Board of Commis- WORKER, HOMEOWNERSHIP & BUSI- certainty and stability for farmers and small sioners, and he served as Project Housing NESS ASSISTANCE ACT, boosting the econ- businesses. (Passed by House) Manager of Christopher Columbus Housing omy and creating jobs with more unemploy- PROTECTING CONSUMERS Development and as Manager of the Riverside ment benefits for Americans hit by the re- WALL STREET REFORM, historic reforms Terrace Housing Development. He also cession, an expanded 1st-time homebuyer tax to end taxpayer-funded bailouts and the idea served as Paterson’s Fourth Ward Leader of credit, and enhanced small business tax re- of ‘‘too big to fail,’’ and protect and empower the Passaic County Democratic Party for lief—expanded to all struggling U.S. busi- consumers to make the best decisions on nesses. (Signed into Law) mortgages, credit cards, and their own finan- many years. He was known for his superb so- U.S. MANUFACTURING ENHANCEMENT cial mannerisms and good conversation. cial future. Lack of accountability for Wall ACT, to help U.S. manufacturers compete at Street and big banks cost 8 million jobs. The job of a United States Congressman in- home and abroad by temporarily suspending (Signed into Law) volves much that is rewarding, yet nothing or reducing duties on intermediate products CREDIT CARDHOLDERS’ BILL OF compares to recognizing the lifetime achieve- or materials these companies use that are RIGHTS, providing tough new protections ment of a giving person such as Sergeant not made domestically. (Signed into Law) already saving consumers money—like ban- Willie James Quince. UNEMPLOYMENT BENEFITS EXTEN- ning unfair rate hikes, abusive fees, and pen- SION, extending unemployment benefits to Madam Speaker, I ask that you join our col- alties—and strengthening enforcement. millions of American families through No- (Signed into Law) leagues, Willie’s family and friends, and me in vember 30, 2010; every dollar of unemploy- FRAUD ENFORCEMENT & RECOVERY recognizing the late Sergeant Willie James ment benefits creates at least $1.61 in eco- ACT, providing tools to prosecute mortgage Quince’s outstanding life of service to his com- nomic activity. (Signed into Law) scams and corporate fraud that contributed munity. CURRENCY REFORM/FAIR TRADE, to to financial crisis; creating an outside com- f promote U.S. manufacturing jobs, by giving mission to examine its causes. (Signed into our government effective tools to address the Law) LEGISLATIVE ACTIONS unfair trade practice of currency manipula- LILLY LEDBETTER FAIR PAY ACT, re- tion by foreign countries, including China; storing the rights of women and other work- their undervalued currency makes Chinese ers to challenge unfair pay—to help close the HON. JOHN J. HALL exports cheaper and America’s exports to wage gap where women earn 78 cents for OF NEW YORK China more expensive, putting U.S. manufac- every $1 a man earns in America. (Signed IN THE HOUSE OF REPRESENTATIVES turers at an unfair disadvantage; bill is into Law) WTO-compliant. (Passed by House) AIRLINE PASSENGER SAFETY, to im- Wednesday, December 22, 2010 AMERICAN JOBS AND CLOSING TAX prove airline passenger safety, by several Mr. HALL of New York. Madam Speaker, I LOOPHOLES ACT, to promote American steps including strengthening commercial pilot training requirements, requiring a min- would like to submit the following: jobs by restoring credit to small businesses, extending tax incentives for American R&D imum of 1,500 flight hours required for an LEGISLATIVE ACTIONS and tax relief for middle class American fam- airline pilot certificate. (Signed into Law) ECONOMIC RECOVERY AND CREATING JOBS ilies, rebuilding American infrastructure, HELPING HOMEOWNERS AMERICAN RECOVERY & REINVEST- and expanding jobs for young people; and to HELPING FAMILIES SAVE THEIR MENT ACT, enacted to jumpstart our econ- close tax loopholes to make Wall Street bil- HOMES ACT, to stem the foreclosure crisis, omy, create and save 3.5 million jobs, give a lionaires pay their fair share of taxes. with significant incentives to lenders, tax cut to small business and 95% of Amer- (Passed by House) servicers, and homeowners to modify loans. ican workers, begin to rebuild America’s HOME STAR JOBS, to create 168,000 Amer- (Signed into Law) road, rail, and water infrastructure, and ican jobs making energy efficiency products, FHA REFORM, to shore up federal mort- make a historic commitment to education, by providing incentives for consumers to gage insurance in order to expand homeown- clean energy, and science and technology, make their homes energy-efficient—cutting ership opportunities by making essential re- with unprecedented accountability. (Signed energy bills for 3 million families and reduc- forms to strengthen the financial footing of into Law) ing our dangerous dependence on foreign oil the Federal Housing Administration, saving SMALL BUSINESS JOBS ACT, landmark and dirty fuels. (Passed by House) taxpayers $2.5 billion over 5 years. (Passed legislation providing $12 billion in tax relief RURAL STAR/HOME STAR LOANS, to by House) for small businesses by enacting 8 more create tens of thousands more U.S. jobs, by FLOOD INSURANCE REAUTHORIZATION small business tax cuts on top of the 8 al- creating Rural Star loans for people in rural & REFORM, reauthorizing the National ready enacted by this Congress; creating up America to make their homes and farms Flood Insurance Program, upon which mil- to 500,000 jobs, by leveraging up to $300 bil- more energy-efficient; and a Home Star Loan lions of American families and businesses lion in private sector lending for small busi- Program for no-interest loans for energy effi- rely, for five years and making key reforms nesses through a $30 billion lending fund for ciency home upgrades in other areas; boosts to put the program on a stronger financial community banks; fully paid for—doesn’t demand for energy efficient products/mate- footing. (Passed by House) add a dime to the deficit. (Signed into Law) rials and construction and installation serv- AFFORDABLE QUALITY TEACHER JOBS/STATE AID/CLOSING ices that are made in America. (Passed by HEALTH CARE HEALTH INSURANCE TAX LOOPHOLES, creating and saving near- House) REFORM, landmark legislation putting

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.051 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2251 American families and small business own- education; cutting taxes for most Americans FY 2010 MILITARY CONSTRUCTION–VA ers—not the insurance companies—in control by $1.5 trillion; cutting Bush deficit by more APPROPRIATIONS, strengthening quality of their own health care; lowering costs for than half by 2013. (Action Completed) health care for 5 million veterans by invest- middle class and small business; holding in- BUDGET ENFORCEMENT RESOLUTION, ing 11% more for medical care, benefits surance companies accountable to prevent setting a limit on discretionary spending for claims processors, and facility improve- denials of care and coverage, including for FY 2011 that requires spending cuts of $7 bil- ments. (Signed into Law) pre-existing conditions; strengthening Medi- lion below the President’s budget and $3 bil- CAREGIVERS AND VETERANS OMNIBUS care and lowering prescription drug costs; lion below Senate. (Action Completed) HEALTH SERVICES, landmark legislation creating up to 4 million jobs; and reducing STATUTORY PAY-AS-YOU-GO, to restore providing help to caregivers of disabled, ill deficit by largest amount in almost two dec- 1990s law that turned record deficits into sur- or injured veterans, and improving VA ades. (Signed into law) pluses, by forcing tough choices; Congress health services for women veterans. (Signed HEALTH CARE FOR 11 MILLION CHIL- must offset new policies that reduce reve- into Law) DREN, to finally provide cost-effective nues or expand entitlements. (Signed into AGENT ORANGE BENEFITS, providing health coverage for 4 million more children Law) long overdue disability benefits to more than and preserve coverage for 7 million children IMPROPER PAYMENTS ELIMINATION, 150,000 Vietnam veterans and survivors for already enrolled. (Signed into Law) to help identify and eliminate improper fed- exposure to Agent Orange. (Signed into Law) FDA REGULATION OF TOBACCO, grant- eral payments, as well as recover lost funds ing the Food and Drug Administration au- that federal agencies have spent improperly. SECURITY FOR AMERICA’S COMMUNITIES thority to regulate advertising, marketing, (Signed into Law) FY 2010 HOMELAND SECURITY APPRO- and manufacturing of tobacco products, the WEAPON SYSTEMS ACQUISITION RE- PRIATIONS, strengthening security at our #1 cause of preventable U.S. deaths, and to FORM, cracking down on Pentagon waste ports and borders and on commercial air- stop tobacco companies from targeting our and cost overruns in the acquisition of weap- lines, giving first responders tools to respond children. (Signed into Law) on systems, increasing oversight and com- to terrorism. (Signed into Law) ENSURING SENIORS’ ACCESS TO THEIR petition. (Signed into Law) HATE CRIMES PREVENTION ACT, giving DOCTORS, by blocking scheduled 21% cut in REFORMING OTHER DOD ACQUISITION, law enforcement resources to prevent and Medicare physician payments through No- cleaning up DOD acquisition spending for the prosecute hate crimes against Americans vember 30, 2010 and also updating payments 80 percent that is for services and other non- based on gender, sexual orientation, gender by 2.2%. (Signed into Law) weapons items, saving taxpayers an esti- identity, or disability. (Signed into Law) FOOD SAFETY, to fundamentally change mated $27 billion a year. (Passed by House) BORDER SECURITY EMERGENCY AP- the way we protect our food supply; close DISCLOSE ACT, to fight a corporate take- PROPRIATIONS, providing $600 million to gaps exposed by recent food-borne illness over of our elections, requires them to dis- enhance security at the Southwest Border, outbreaks; give the FDA new authorities. close they are behind political ads; bans for- including funding 1,200 additional Border Pa- (Passed by House) eign-controlled corporations from putting trol agents, 500 additional CBP officers, and RYAN WHITE HIV/AIDS TREATMENT money in U.S. elections. (Passed by House) additional FBI, DEA, and ATF agents for the EXTENSION ACT, guaranteeing access to NATIONAL SECURITY/TROOPS AND VETERANS border region; paid for by visa fees. (Signed lifesaving medical services, primary care, and medications for low-income patients FY 2010 DEFENSE AUTHORIZATION, au- into Law) with AIDS and HIV. (Signed into Law) thorizing 3.4% troop pay raise, strengthening I visited the border patrol in Arizona to military readiness and military families sup- view the situation first hand and obtain a CLEAN ENERGY JOBS/HOLDING BP ACCOUNTABLE port, focusing our strategy in Afghanistan better understanding of the situation they AMERICAN CLEAN ENERGY AND SECU- and redeployment from Iraq. (Signed into face. RITY ACT, historic legislation to create 1.7 Law) COPS ON THE BEAT, putting an addi- million jobs (with the Recovery Act); help I travelled to Iraq, Afghanistan, Germany, tional 50,000 cops on the street over the next free us from funding terrorism with our de- Kuwait, and UAE to visit with troops, and 5 years. (Passed by House) pendence on foreign oil; reduce the carbon receive updates from U.S. military leaders CHEMICAL & WATER SECURITY ACT, to pollution causing climate change; keep costs and NGOs. increase security and safety of the nation’s low for Americans; will not increase the def- FY 2011 DEFENSE AUTHORIZATION, in- chemical plants and water facilities vulner- icit. (Passed by House) creasing hostile fire and imminent danger able to terrorist attacks and the millions of RESPONSE TO BP OIL SPILL, a bill pro- pay; extending TRICARE dependent coverage Americans that live nearby. (Passed by viding a comprehensive response to BP oil up to age 26; and strengthening counterter- House) spill—eliminating the $75 million cap on the rorism. (Passed by House) liability of oil companies, restoring the Gulf REPEAL OF DON’T ASK, DON’T TELL, to f Coast and protecting local residents, impos- provide for the repeal of this outdated pol- TRIBUTE TO AVIS GREEN TUCKER ing new safety requirements and strength- icy, contingent on the certification that ening oversight of offshore drilling, and pro- military review completed and that repeal tecting whistleblowers in offshore drilling would not impact readiness. (Signed into HON. IKE SKELTON industry who report safety violations. Law) OF MISSOURI (Passed by House) IRAN SANCTIONS, significantly strength- IN THE HOUSE OF REPRESENTATIVES Just hours after a Committee hearing dur- ening sanctions against Iran, including im- ing which I asked BP America’s President posing sanctions on foreign entities that sell Wednesday, December 22, 2010 whether chemical dispersants they were refined petroleum to Iran or assist Iran in its Mr. SKELTON. Madam Speaker, it is with using to break up the oil slick in the Gulf of domestic refining capacity. (Signed into Mexico are safe, the EPA ordered BP to Law) sorrow that I inform the House of the death of choose a less toxic chemical. The Wash- VETERANS HEALTH CARE BUDGET RE- Mrs. Avis Green Tucker, a distinguished Mis- ington Post reported the EPA ordered the FORM & TRANSPARENCY ACT, a top pri- souri citizen from Warrensburg, in the 4th change following a hearing by the House ority of veterans’ groups, authorizing Con- Congressional District. Avis Green Tucker was Transportation and Infrastructure Com- gress to approve VA medical care appropria- not just my own long-time friend. She was one mittee at which I questioned BP’s use of tions one year in advance to ensure reliable of Missouri’s most highly respected newspaper hundreds of thousands of gallons of chemical and timely funding and prevent politics from publishers. She was a willing volunteer fre- dispersants. ever delaying VA health care funding. SPILL ACT, to reform maritime liability (Signed into Law) quently called to important service by Missouri laws to ensure that the families of those I authored and introduced the Veterans governors from both political parties. And she killed or injured in the BP Oil Spill and Administration Claims Modernization Act. was a particularly inspiring role model among other such tragedies are justly compensated This law streamlined the VA benefits appli- women leaders in our state. for their losses. (Passed by House) cation process. It was based on problems I Avis and her husband, William Tucker, BP OIL SPILL COMMISSION SUBPOENA heard directly from the experiences of local POWER, to give subpoena power to National bought the Daily Star-Journal in 1947 and the veterans as well as national VSOs. The law paper stayed in the Tucker family for some 60 Commission on BP Oil Spill to ensure that it was called ‘‘the most sweeping reform of the cannot be stonewalled by BP or others in its VA in a generation’’ by the Times Herald years, until its sale in 2007 to another distin- search for spill’s causes. (Passed by House) Record. guished Missouri newspaper family, the Brad- OMNIBUS PUBLIC LAND MANAGEMENT I successfully advocated for a VA rule leys of St. Joseph. Bill Tucker was serving as ACT, the most significant conservation bill change to create an automatic service con- publisher in Warrensburg when he died of a in 15 years, strengthening tourism and rural nection for veterans diagnosed with PTSD heart attack in 1966. Avis took over as one of economies with more than 2 million new after serving in combat. This change dra- acres of wilderness and parks. (Signed into the few female daily newspaper publishers in matically streamlines the process for vet- the Midwest. She once said: ‘‘I decided I was Law) erans to receive appropriate care and com- FISCAL RESPONSIBILITY & GOVERNMENT pensation. going to run this paper. I was going to try. I REFORM Implemented the post-9/11 GI Bill to pro- told everyone that I had more nerve than abil- BUDGET BLUEPRINT, creating jobs with vide for a college education for returning ity, which was the truth.’’ But that was a typi- investments in health care, clean energy and veterans. cally reticent and humble statement from a

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.053 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2252 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 woman whose abilities were quite remarkable. that he was selected, he wept and dedicated As a result of the one child per couple pol- Those abilities were widely recognized. In his prize to the martyrs of the 1989 icy, an estimated 100 million girls are miss- 1982, Avis became the first female president Tiananmen Square Massacre. ing—dead through sex-selective abortion— of the Missouri Press Association. That was Throughout China today, families and which is a gender crime of unimaginable de- just one of many ‘‘firsts’’ achieved by Avis friends know heartbreaking loss and the agony pravity and has made China a magnet for sex Tucker, including serving as the first female of empty chairs and empty tables—where trafficking. Chai Ling—one of the heroes of president of the Missouri Associated Dailies young, brave, idealistic democracy activists Tiananmen—has launched All Girls Allowed— organization, and becoming the first woman were gunned down, bayoneted, or beaten to an NGO that appeals to Beijing, the world, inducted into the Missouri Press Association death by Chinese government troops and se- and especially mothers in China to protect the Hall of Fame. She received the National cret police. Both before and since Tiananmen, girl child in the womb. Newspaper Association’s McKinney Award, Chinese men and women have sacrificed their And finally, even the Internet has been given to a woman who ‘‘exhibited distin- freedom—even their lives—in the struggle for turned into a tool of repression and surveil- guished service to the community press.’’ Just faith and liberty. Yet the struggle for freedom, lance by the secret police. this past May, Avis became chair emeritus of rule of law, and respect for human rights con- The selection of Liu Xiaobo as the 2010 the Missouri Press Association’s Foundation tinues despite the enormous cost to individual Nobel Peace Prize laureate obliges us to un- Board, which she helped found and fund. Chinese men and women. dertake sustained scrutiny and meaningful ac- She served not only as one of the state’s At Oslo a couple of weeks ago, I had the tion. rare female publishers, but in other leadership privilege of witnessing the conferring of the Indifference or silence or feigned ignorance roles, particularly at our mutual alma mater, Nobel Peace Prize on Liu Xiaobo’s empty concerning the Chinese government’s appall- the University of Missouri. Mizzou’s world-fa- chair—empty because this courageous non- ing and massive human rights violations sim- mous School of Journalism honored her with violent man of principle languishes in a lonely ply isn’t an option. prison cell, serving an eleven-year sentence its Honor Medal in 1976. And in 1972, Avis f became the first woman president of the Uni- for promoting democracy in China, most re- versity of Missouri’s governing body, the cently through Charter 08, a human rights PERSONAL EXPLANATION Board of Curators. Her service as a curator manifesto. In a stunning revelation of Beijing’s has particular significance for me, since she weakness, fear, and moral deficiency, even Liu’s wife and friends were barred from attend- HON. CAROLYN McCARTHY was appointed to succeed her late husband as ing the Nobel ceremony. OF NEW YORK a curator upon his death. And Bill Tucker had Amazingly, at his government show trial in IN THE HOUSE OF REPRESENTATIVES been appointed to succeed my father, Isaac 2009, Liu expressed absolutely no malice to- Wednesday, December 22, 2010 Newton Skelton III, upon his passing. In Mis- ward the dictatorship that so cruelly mistreats Mrs. MCCARTHY of New York. Madam souri, one of the highest honors one can him—and millions of others like him. achieve is being named to help guide our He said, ‘‘I have no enemies and no hatred. Speaker, I was unavoidably absent on Decem- land-grant state university, and this is an None of the police who monitored, arrested, ber 21, 2010. If I were present, I would have honor that has been treasured by both the and interrogated me, none of the prosecutors voted on the following: Skelton and Tucker families. who indicted me, and none of the judges who H. Res. 1771, Waiving a requirement of Avis Green Tucker will be remembered judged me are my enemies . . . Hatred can clause 6(a) of rule XIII with respect to consid- fondly by all who had the privilege of knowing rot away at a person’s intelligence and con- eration of certain resolutions reported from the her, including me. When she passed away at science. Enemy mentality will poison the spirit Committee on Rules, and providing for consid- age 95 on Friday, December 17th, 2010, she of a nation, incite cruel mortal struggles, de- eration of motions to suspend the rules—roll- had lived a life that was exemplary. Her lead- stroy a society’s tolerance and humanity and call No. 657—‘‘yea’’. ership was superb, her newspaper’s readers hinder a nation’s progress toward freedom and H.R. 6540, Defense Level Playing Field and her community were well-served, and her democracy. That is why I hope to be able to Act—rollcall No. 658—‘‘yea’’. place in Missouri journalism and public service transcend my personal experiences as I look H.R. 5116, America COMPETES Reauthor- is secure. Avis is survived by two nephews, upon our nation’s development and social ization Act—rollcall No. 659—‘‘yea’’. Bob and Richard Green. I know members of change, to counter the regime’s hostility with H.R. 2142, GPRA Modernization Act of the Congress will join me in paying tribute to utmost goodwill, and to dispel hatred with 2010—rollcall No. 660—‘‘yea’’. the life, achievements and service of Avis love.’’ H.R. 2751, FDA Food Safety Modernization Green Tucker, and in extending our condo- The Nobel Peace Prize ceremony has come Act—rollcall No. 661—‘‘yea’’. lences to her family and friends. and gone. And, I would note parenthetically, it H.R. 3082, Making Appropriations for Mili- f was an honor to join you in Oslo, Madam tary Construction, the Department of Veterans Speaker, as well as Representative David Wu Affairs, and related agencies for the fiscal year EMPTY CHAIR IN OSLO FOR LIU and numerous Tiananmen Square alumnae— ending September 30, 2010 and for other pur- XIAOBO Chinese men and women who peacefully poses—rollcall No. 662—‘‘yea’’. demonstrated for freedom in 1989—including H.R. 6547, Protecting Students from Sexual HON. CHRISTOPHER H. SMITH Yang Jianli, Chai Ling, Bob Fu, Fang Zheng, and Violent Predators Act—rollcall No. 663— OF NEW JERSEY and Kaixi Wuer. It is now more important than ‘‘yea’’. IN THE HOUSE OF REPRESENTATIVES ever that all of us who treasure freedom, de- f Wednesday, December 22, 2010 mocracy and human rights empathize more, pray more and do more to expose and combat BLACK: THE DOMINANCE OF Mr. SMITH of New Jersey. Madam Speaker, the cruelty and the crimes committed on a UNETHICAL BANKING in the theatrical adaptation of Victor Hugo’s daily basis by Beijing. Les Miserables, Marius sings a haunting The brutality and violence that were wit- HON. MARCY KAPTUR song—Empty Chairs and Empty Tables—an nessed by all the world in 1989 at Tiananmen OF OHIO expression of agony at the loss of his idealistic continues unabated today, especially in the IN THE HOUSE OF REPRESENTATIVES comrades, gunned down on a barricade. gulags—laogai—and detention centers ‘‘There’s a grief that can’t be spoken,’’ he throughout China, where people are system- Wednesday, December 22, 2010 sings, ‘‘there’s a pain that goes on and on. atically tortured, sometimes to death, particu- Ms. KAPTUR. Madam Speaker, today I am Empty chairs and empty tables, now my larly Falun Gong practitioners, Uyghurs, Tibet- inserting into the CONGRESSIONAL RECORD a friends are dead and gone . . . .’’ ans, Christians, and democracy activists. recent blog post by Professor William Black ‘‘Here it was they lit the flame . . . Here The brutality and violence of unrestrained from the Associate Professor of Economics they sang about tomorrow and tomorrow dictatorship has—and continues to be—un- and Law at the University of Missouri—Kan- never came . . . from the table in the corner leashed against hundreds of millions of Chi- sas City. Professor Black has focused on they could see a world reborn . . . And they nese women and children—victims of the bar- white collar crime and routing out of fraud in our financial system, both in practice and rose with voices ringing. I can hear them now baric one child per couple policy, a cruel pol- as a field of academic study. Professor . . . Empty chairs and empty tables, where icy that has made brothers and sisters illegal Black’s answers on this CNN blog give direc- my friends will meet no more . . . .’’ and relies on forced abortion—a crime cat- tion to our work on cleaning up our financial When prisoner of conscience Liu Xiaobo, egorized as a ‘‘crime against humanity’’ at the system of the criminals while protecting Nobel Peace Prize winner for 2010, learned Nazi war crime trial at Nuremberg. those who follow the law. As this Congress

VerDate Mar 15 2010 07:47 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.054 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2253 comes to a close and we look to the future, fatal problems with that option. The lenders with inflated (fraudulent) appraisals. Survey we are faced with the task of doing more to that made liar’s loans typically had minimal data of appraisers confirms that nonprime address the challenges of Main Street while capital (net worth). If the investment banks lenders and their agents commonly coerced holding Wall Street accountable. Professor had demanded that they repurchase the appraisers to inflate market values. The bor- Black’s writing should be one of our guides. loans they would have been unable to do so— rower has no leverage to coerce appraisers. BLACK: THE DOMINANCE OF UNETHICAL and the demand would have exposed the in- There is no honest reason for a lender to BANKING vestment banks’ bright shining lie that by seek, or permit, appraisals to be inflated. pooling liar’s loans they could create ‘‘AAA’’ White-collar criminologists and competent (By Jay Kernis) CDOs. Every CDO purchaser from the invest- banking regulators recognize that appraisal Only on the blog: Answering today’s five ment banks would then demand that the in- fraud is a superb ‘‘marker’’ of ‘‘control OFF-SET questions is William K. Black, As- vestment banks repurchased their CDOs— fraud’’—the devastating frauds in which the sociate Professor of Economics and Law at which would have caused virtually every senior officers that control a seemingly le- the University of Missouri—Kansas City. large U.S. investment bank to fail. gitimate firm use it as a ‘‘weapon’’ to de- He was the Executive Director of the Insti- C. They could have gone to the Justice De- fraud. Iowa Attorney General Miller testified tute for Fraud Prevention from 2005–2007. partment and expose the massive fraud that before the Federal Reserve in 2007 that his Black also served as litigation director of was destroying the American economy and investigations found that the lenders and the the Federal Home Loan Bank Board, deputy help the FBI investigate the lenders special- agents typically prompted or even directly director of the FSLIC, SVP and General izing in making liar’s loans, the corrupt ap- provided the false information in nonprime Counsel of the Federal Home Loan Bank of praisers, and the credit rating agencies. But loan applications. San Francisco, and Senior Deputy Chief that would have caused the CDO bubble to This makes sense because only lenders and Counsel, Office of Thrift Supervision. He was burst and the investment banks to fail. loan brokers would know the key debt-to-in- also deputy director of the National Commis- That’s why the industry went with the come and loan-to-value ratios that would sion on Financial Institution Reform, Recov- fourth option—‘‘don’t ask; don’t tell.’’ It’s make the borrowers’ application more likely ery and Enforcement. like the famous fable of the emperor and the to be approved and generate the largest fees You say that fraud by America’s major fraudulent designer. The designer tells ev- to the lenders and their agents. AG Miller banks plays an enormous continuing role in eryone that he has created clothes for the even aptly described the ‘‘Gresham’s’’ dy- the country’s financial crisis. How wide- emperor of such beauty that only the most namic that prevailed in nonprime lending. A spread is the fraud and what are the most se- sophisticated people can even see the Gesham’s dynamic arises in this context rious charges? clothes. The emperor and his cronies all when lenders and loan brokers that cheat The FBI testified in September 2004 that agree that the clothes are glorious. The gain a competitive advantage over honest mortgage fraud was ‘‘epidemic’’ and pre- fraud only collapses when a boy blurts out: lenders and agents. The result can be a race dicted that it would cause an ‘‘economic cri- ‘‘the emperor is naked.’’ As long as no one to the bottom in which those with no ethics sis’’ if it were not contained. Instead of being engaged in the frauds pointed out that you drive the ethical from the marketplace. contained, FBI data show that it grew enor- can’t make a ‘‘AAA’’ rating out of a pool of Attorneys General in 50 states are inves- mously after 2004. The mortgage lending in- massively overvalued fraudulent loans the tigating mortgage fraud and foreclosure dustry’s own anti-fraud experts (MARI) housing bubble could hyper-inflate and the fraud. Do you think this was bad book- warned in 2006 that ‘‘liar’s’’ loans deserved officers of the investment banks and credit keeping or are banks intentionally doing their name—MARI reported a study finding rating agencies could become wealthy be- something illegal? I’ve explained why the data demonstrate that 80% of such loans were fraudulent. yond their dreams. MARI warned that liar’s loans were ‘‘an open I cite a study by Fitch, the smallest of the that mortgage fraud, particularly via liar’s invitation to fraudsters.’’ Big 3 rating agencies later that documents loans, was endemic, intentional, and driven In a liar’s loan the lender agrees not to the endemic nature of the fraud in the by the lenders and their agents. Lenders and verify the borrower’s income, wealth, job, nonprime mortgages backing the CDOs. That agents engaged in mortgage fraud do not and debts. The lender and its agents, loan study does not contradict the ‘‘don’t ask; want to keep accurate records, for those records could provide a roadmap for pros- brokers, can then make up those numbers to don’t tell’’ strategy because Fitch only pub- ecuting them. The dearth of records was one make the loan appear to be only moderately lished it in November 2007—after the sec- of the key attractions of liar’s loans to these insane and sell the fraudulent loan to an en- ondary market that created CDOs collapsed lenders and their agents. That dynamic tity, typically an investment banking firm and it would not lose any fees by asking and means that records are commonly missing at or Fannie Mae or Freddie Mac, who will pool telling about the endemic fraud. thousands of fraudulent loans together and The industry sharply increased the number lenders engaged in fraud. Keeping good records is also a pain for loan create a toxic financial derivative called a of liar’s loans after MARI’s warnings that officers. It is a cost—it slows them down ‘‘CDO.’’ The rating agencies and investment they were overwhelmingly fraudulent. Fitch from making new (fraudulent) loans that bankers knew they had to engage in the fi- reviewed a small sample of the nonprime drive their income. Another marker of loan nancial version of ‘‘don’t ask; don’t tell’’ on loan and found that there was evidence of fraud is paying loan officers large bonuses these CDOs because if they ever really fraud in ‘‘nearly every’’ file they reviewed based on loan volume instead of loan qual- kicked the tires they would all explode—the and that the frauds were obvious on the face ity—everyone in the trade knows this ends frauds in the underlying liar’s loans from of the loan and servicing files and would in disaster. But the failure of the lender is which the CDOs were supposed to ‘‘derive’’ have been discovered by any competent loan not a failure of the fraud scheme. Here’s the their value were that obvious and common. underwriting process. Self-reviews by fraud- four-part recipe for lenders maximizing fic- A credit ratings firm couldn’t give a ulent nonprime lenders have consistently re- tional short-term accounting income (there- ‘‘AAA’’ rating (the highest possible—the rat- vealed pervasive fraud in liar’s loans. Re- by maximizing their bonuses). Note that the ing that virtually all these toxic derivatives views by independent experts demonstrate same recipe maximizes real losses: were given) if it looked at a sample of the that fraud was endemic in liar’s loans. A. Grow extremely rapidly loans—so they religiously did not kick the My testimony to the Senate and the Fi- B. Make very bad loans at high interest tires on the liar’s loans. So we had the farce nancial Crisis Inquiry Commission (FCIC) rates (‘‘yield’’) of ‘‘credit rating’’ agencies whose expertise explains why the number of criminal refer- C. Use extreme leverage (high debt relative was supposedly in reviewing credit quality rals the FBI receives annually extrapolates to you equity) never looking at that credit quality so that to millions of frauds. There were no formal D. Provide grossly inadequate loss reserves they could make enormous fees by giving definitions of an ‘‘alt a’’ or ‘‘stated income’’ A lender that follows this recipe is mathe- toxic waste pristine ‘‘AAA’’ ratings. loan (the two most common euphemisms for matically guaranteed to report record (albeit The investment banks couldn’t sell the fi- liar’s loans and, therefore, all the data are fictional) income in the near term—and to nancial derivatives loans to others if the in- best guesses), but Credit Suisse reported in cause massive losses in the longer term. This vestment bankers (whose supposed expertise 2007 that by 2006, 49% of new mortgage loans is why the Nobel prize winning economist, was evaluating credit risk) were to actually in the U.S. were stated income (liar’s loans). George Akerlof and his colleague Paul look at credit quality of the underlying liar’s If one assumes an 80% fraud incidence— Romer wrote the famous 1993 article enti- loans. If they looked, they’d document that which is the low end of published studies by tled: ‘‘Looting: the Economic Underworld of the loans were overwhelmingly fraudulent. independent experts—that translates into Bankruptcy for Profit.’’ They describe ac- They’d then have three options. millions of fraudulent loans being made in counting fraud as ‘‘a sure thing.’’ The lender A. They could sell the CDOs to others by 2006 alone. fails, but the senior officers walk away calling them wonderful ‘‘AAA’’ invest- State Attorney Generals’ investigations wealthy. Since 1993, things have become far ments—while having files proving that they have found that it was lenders and their worse—we now often bail out the failed lend- knew this was a lie. This option is the pros- agents who put the lies in ‘‘liar’s’’ loans. The ers and leave the thieves in charge. ecutor’s dream. NY AG found, for example, that Washington But a lender making thousands of bad B. They could have sued the lenders that Mutual (WaMu), which specialized in loans has to gut its ‘‘back office’’ oper- sold them the fraudulent liar’s loans. The in- nonprime loans, (and is the largest bank fail- ations—the folks who are supposed to docu- vestment banks typically had a clear con- ure in U.S. history) kept a ‘‘black list’’ of ap- ment loans and prevent bad loans. We know tractual right to force the fraudulent loans praisers. Appraisers got on the black list, that this is exactly what happened. Bank of- to buy back the liar’s loans. But there were however, if they refused to provide WaMu ficers and employees of nonprime lenders

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.057 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2254 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 were reamed out by their superiors if they on the beat’’ when it comes to sophisticated scam allows the bank executives to collect tried to block the bad loans. This dynamic is frauds. If you remove the cops of the beat, hundreds of billions of dollars in bonuses. We an independent reason why recordkeeping at cheaters prosper and honest businesses are should end the accounting scam and enforce the nonprime lenders is often horrific. driven from the markets. President Obama the PCA. Finally, lenders like Bank of America, largely kept in place the failed anti-regu- We are also secretly subsidizing banks and Citibank, and WaMu acquired major lators he inherited from President Bush. In- hiding their losses through massive loans nonprime lenders that were notorious for deed, Obama promoted Geithner—an abject from the Federal Reserve backed by toxic their predatory and fraudulent lending. failure as a regulator in his capacity as collateral. We should end those subsidies and These banks then often place the employees President of the NY Fed—and renominated force them to post good collateral. they obtained via these mergers in charge of Bernanke, an even greater failure. Obama F. Systemically dangerous institutions loan servicing. It was utterly predictable should fire Attorney General Holder and (SDIs) have often become far larger and that they would continue their unethical Treasury Secretary Geithner and ask Chair- more dangerous since the crisis. The admin- practices when they functioned as loan man Bernanke to resign. He should appoint istration is taking no serious steps to pro- servicers—particularly because the alter- regulators and prosecutors who have a track tect us against the roughly 20 SDIs even native would be to admit that their loan record of success. though the administration claims that when servicing files were a shambles. Far better to C. Executive compensation. There is a con- one of them next fails it is likely to cause a simply file false affidavits and claim that ev- sensus that executive compensation should global financial crisis. Why are we juggling erything was in order—which is exactly what be based on long-term (real) profitability. In 20 live grenades? The only question is when many of the largest loan servicers did ten reality, executive compensation is over- the next pin will drop out and we’ll be blown thousand times a month. whelmingly based on short-term reported in- up. This is one of the reasons that my col- come. (It’s actually worse than that—if the The good news about the SDIs is that they league Randy Wray and I have called for short-term results are bad corporations com- have reason to exist. They would be far more Bank of America to be placed promptly into monly gimmick the compensation system to efficient if they shrank in size to levels at receivership. A minor blue collar thief can reward the senior officers’ failures.) Every- which they no longer endangered the global go to prison for life under some ‘‘three one agrees that short-term reported account- economy. We should do three things about strikes’’ laws—a huge bank doesn’t even suf- ing income is easy to inflate through ac- the SDIs. One, stop their growth—imme- fer a major loss of reputation when it com- counting fraud and virtually everyone agrees diately. Two, order them to shrink over the mits a hundred thousand felonies. The U.S. that this creates strong, perverse incentives. next five years to a size at which they no now has its own version of crony capitalism Since, the current crisis began, the percent- longer are SDIs. Let them decide what oper- that has produced recurrent, intensifying fi- age of bonus compensation based on short- ations to sell. Three, intensively regulate nancial crises—just as crony capitalism does term reported income has increased—execu- the SDIs during those five years. That in- in many nations. The difference is that our tive compensation has become more per- cludes placing any insolvent SDIs in ‘‘pass economy is so massive that when we have a verse. through receiverships’’—which does not Note that executive compensation also al- crisis many nations suffer. When a nation’s prompt crises. lows the CEO to convert the firm’s assets to elites are able to cheat with impunity the re- If there were one questionable banking his personal benefit using seemingly normal sult is always disastrous. practice that you could stop today, what corporate mechanisms, which makes it far What should President Obama and Con- would that be? harder to prosecute the CEO for looting the gress be doing right now to regulate the The foreclosure frauds. firm. All bonus income that takes annual in- banks in a meaningful and fair way? You have spent decades examining what Economists, white-collar criminologists, come above $200,000 should be paid after five goes on in banks. Do think that bankers, ei- and regulators agree that the key is to stop, years—if the firm’s reported income turns ther through culture or genetics, are ethi- or at least limit, perverse incentives. In- out to be real. There should be ‘‘clawback’’ cally-challenged? tensely criminogenic environments lead to provisions to recover bonuses even after When you allow a Gresham’s dynamic to op- epidemics of control fraud. There are six key those five years if they were based on cor- erate and when entry to an industry is easy components of what makes an environment porate income inflated by fraud or ‘‘window (as it was for loan brokers and mortgage dangerously criminogenic. dressing.’’ bankers), you concentrate the least ethical A. Size matters. A tremendous bubble in D. Professional compensation is perverse. business leaders in the industry that is most the price of persimmons won’t harm the U.S. Accounting control frauds deliberately ex- criminogenic. In the last decade, banking economy. Real estate bubbles, by contrast, ploit this to create the Gresham’s dynamic has been severely criminogenic in the U.S. could cause losses that were a large percent- that allow them to suborn the outside pro- and much of the world. The unethical bank- age of the U.S. GDP. That’s how you get a fessionals—appraisers, attorneys, auditors, ing leaders became dominant. Their banks, Great Recession. Accounting control frauds and rating agencies—who are supposed to which followed the four-part recipe for maxi- are particularly dangerous because of they prevent fraud, but who actually become the mizing fictional accounting income, became can grow so rapidly and because they tend to frauds’ most valuable allies. Honest profes- far larger and drew the greatest praise from cluster in the assets that are most ideal for sionals don’t get hired, the unethical profes- the business boosters than dominated the fi- accounting fraud. The combination of clus- sionals prosper. This process creates ‘‘echo’’ nancial media. They made their reputations tering and rapid growth means that epidemics of control fraud. Fraudulent and their fortunes through fraud. epidemics of accounting control fraud can nonprime lenders, for example, shaped finan- hyper-inflate massive bubbles. Akerlof & cial incentives to be perverse to create en- f Romer and my work have long warned spe- demic appraisal and loan broker fraud. The cifically about this danger. banks should not be able to hire or fire the PERSONAL EXPLANATION The federal regulatory and prosecutorial appraisers, credit rating agencies, and audi- agencies are filled with ‘‘chief economists,’’ tors—except for fraud or serious incom- HON. KAY GRANGER but there are no ‘‘chief criminologists’’, no petence. Those professionals can only be OF TEXAS comprehensive federal data on the most de- truly independent if they are assigned to structive white-collar crimes, and virtually work for the bank by a truly independent en- IN THE HOUSE OF REPRESENTATIVES zero federal funding for research into the tity. Wednesday, December 22, 2010 elite financial frauds that have caused tril- E. The federal government has permitted lions of dollars of losses in the U.S. over the banks to inflate their reported incomes and Ms. GRANGER. Madam Speaker, on rollcall last 20 years. We need to do the opposite— ‘‘net worth’’ for the purpose of evading the Nos. 662 and 661, I was absent from the hire chief criminologists, keep comprehen- mandatory statutory duty under the Prompt House. Had I been present, I would have sive data on the worst frauds, and fund re- Corrective Action (PCA) law to close deeply voted ‘‘no.’’ search so that we can actively identify the insolvent banks. Congress, at the behest of industries at greatest risk of developing the the Chamber of Commerce, the banking f next epidemic of control fraud. (And this trade associations, and Chairman Bernanke, THANK YOU FOR ALLOWING ME needs to be done not only for banks. The successfully extorted the Financial Account- TO SERVE FDA, for example, needs help in spotting ing Standards Board (FASB) to scam the ac- frauds that maim and kill.) We then need to counting rules so that the banks could fail to act, quickly, to stop those epidemics in their recognize on their accounting reports over a HON. CAROLYN C. KILPATRICK tracks. We did this in 1990–91 as S&L regu- trillion dollars in losses. OF MICHIGAN lators when we stopped the rapid spread of When banks understate their losses mas- IN THE HOUSE OF REPRESENTATIVES ‘‘liar’s’’ loans at several California S&Ls. sively they, by definition, overstate their net B. Deregulation, desupervision (the rules worth massively. The PCA’s provisions kick Wednesday, December 22, 2010 remain in place but the anti-regulators run- in when net worth falls, so the accounting ning the regulatory agencies don’t enforce lies have gutted the PCA. The accounting Ms. KILPATRICK of Michigan. Dear Madam them) and de facto decriminalization (the lies also allow the banks to (once again) re- Speaker, as I leave Congress as the people’s three ‘‘de’s’’) produce the ideal criminogenic port high fictional income when they are ex- representative for the 13th Congressional Dis- environment. The regulators are the ‘‘cops periencing large, real losses. This accounting trict of Michigan, I thank God, who is the head

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.058 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2255 of my life, for allowing me the blessing of serv- service. In addition to these events, I attended I successfully advocated for Stewart Air Na- ing in perhaps the most august, deliberate, numerous community events hosted by local tional Guard Base to receive 8 new C–17 air- elected body in the world. I am humbled and organizations, senior centers, fire depart- craft and all of the support services and local honored that the great citizens of Michigan ments, schools, etc. I also did a series of economic development opportunities that go and the people of Detroit chose me for so ‘‘work-a-day’’ events where I worked alongside with it. The Air Force made this award after a many years to fight and serve them for more a constituent in a local job so I could better very competitive national process. I also than three decades as a public servant. The understand the day to day challenges they brought US Transportation Secretary Ray many friendships, relationships, and associa- face. Some of these events included working LaHood to Stewart Airport for a meeting with tions I have formed will remain with me for- with a nurse at an area hospital, an assembly local business and community leaders to dis- ever. line worker at a manufacturing plant, a ride cuss how the airport could be more of an eco- I finally want to thank perhaps the most along with a delivery truck driver, weatheriza- nomic engine for the region. underappreciated team in any elected body— tion installation at a home, installation of a I hosted several small business seminars to the staff who have worked for me for those geothermal heat/cooling system at a new sen- inform local businesses about the opportuni- years in the State of Michigan and on Capitol ior housing development, and installation of ties created by the federal economic stimulus Hill. The tireless dedication, devotion and work solar energy panels on the roof of an elemen- legislation, including direct tax reductions and will never be forgotten by me or the people to tary school. capital availability. These events were at- whom you have been so effective and efficient The Congressional offices in Carmel, Go- tended by hundreds of people. In addition, nu- for so long. shen, and Washington responded to thou- merous roundtables were held with local busi- I hope and pray for all of my colleagues that sands of constituent opinions and information ness leaders to provide me with direct input as we may bring a better world to all Americans, requests. Hundreds of casework problems to what they needed to create growth opportu- and never flinch from fighting for justice and were resolved for individuals and families who nities. These meetings served as the basis for democratic ideals. We made history. We made had problems with federal agencies when ap- small business tax cut legislation I introduced, difficult decisions. We fought the good fight. plying for Veterans benefits, Social Security several provisions were enacted into law. We have difficult days ahead, and I remain and Medicare payments, and expediting pass- Job Opportunity and Training Fairs were faithful to protecting the Constitution of the port applications. held to provide assistance in getting a job in- United States and the goals of our great na- The Congressional office provided hundreds cluding interviewing skills, resume writing, net- tion. of Capitol tours for school classes and families working, employer connections, adult and con- God bless. visiting Washington DC, fulfilled flag requests, tinuing education, green jobs, and entrepre- nominated students to our nation’s military f neurship and one-on-one consultation. Many service academies, and assisted with federal local employers attended and were able to talk PERSONAL EXPLANATION grant applications. directly with job seekers who were in attend- I cosponsored and voted for important legis- ance. HON. DEAN HELLER lation to create and save jobs, cut taxes on I brought House Education and Labor Com- OF NEVADA middle class families, improve the process for mittee Chairman George Miller to the district IN THE HOUSE OF REPRESENTATIVES Veterans applying for well deserved benefits, for a public meeting to inform the community Wednesday, December 22, 2010 reform financial services regulation, and health about the provisions of the new Direct Student insurance reform designed to improve accessi- Mr. HELLER. Madam Speaker, on rollcall Loan legislation and how they will make it bility and affordability. I authored legislation easier for more students to attend college. No. 658, I was unavoidably detained. Had I that dramatically improved the Veterans bene- been present, I would have voted ‘‘yes.’’ I held workshops for local constituents to fits system, streamlining the process for vet- provide them with information regarding how f erans to receive the care and compensation to prevent home foreclosure as well as mort- PERSONAL EXPLANATION they earned in service to our nation. My legis- gage refinancing options. I brought together lation is widely regarded as the most sweep- local banks and housing counselors for pres- HON. ERIK PAULSEN ing reform of the VA in a generation. entations as well as direct individual coun- I was proud to bring millions of federal dol- seling opportunities. OF MINNESOTA lars home for local projects that create and ENERGY INDEPENDENCE: IN THE HOUSE OF REPRESENTATIVES save jobs, improve water quality, improve traf- I sponsored a series of energy independ- Wednesday, December 22, 2010 fic safety and public transportation, build local ence forums throughout the district to provide infrastructure, and save local property tax dol- practical information to municipalities, busi- Mr. PAULSEN. Madam Speaker, on rollcall lars. nesses, and individuals interested in devel- No. 658 (H.R. 6540) my flight was delayed I voted against my own pay raise each time due to weather and had I been present, I it came before the House, and donated my oping domestic energy resources. These fo- would have voted ‘‘yes.’’ raise to local non-profit organizations rather rums focused on wind, solar, hydro and tidal f than accepting it. power, as well as biofuels and conservation. I also held an event which brought together MEETING LOCAL COMMUNITY NEEDS ACCOMPLISHMENTS IN THE 110TH solar manufacturers, retailers, and prospective ECONOMIC DEVELOPMENT: LOCAL JOBS AND SMALL AND 111TH CONGRESS buyers to create markets for local suppliers. BUSINESS DEVELOPMENT I worked actively to bring new jobs to the Many local projects were developed as a re- HON. JOHN J. HALL area and save local jobs that were at risk of sult of the information provided and the intro- OF NEW YORK leaving including: ductions made between local providers and IN THE HOUSE OF REPRESENTATIVES Kolmar—Successfully assisted in keeping businesses. I helped bring more than $517m for weath- Wednesday, December 22, 2010 the largest manufacturing company in Western Orange County from leaving the state, thereby erization funding and energy efficiency grants Mr. HALL of New York. Madam Speaker, I retaining hundreds of local jobs in an eco- to New York. This money directly benefited wold like to submit the following: As the Rep- nomically depressed area. local families who were able to save money resentative for New York’s 19th Congressional Pepsi Bottling—Successfully assisted with on their energy bills by weatherizing their District, I had numerous significant accom- efforts to keep the company’s facilities in homes, and it created local jobs. plishments in all aspects of meeting local com- Northern Westchester when they were consid- VETERANS munity needs, individual constituent services, ering a move out of state. Many Veterans meetings were held through- and enacting federal legislation on behalf of SpectraWatt—Instrumental in negotiations to out the district so I could gain input from local my constituents. bring a new solar energy manufacturing com- veterans regarding the challenges they face I kept my annual promise of holding at least pany to Dutchess County, replacing almost a navigating the VA claims and benefits proc- one public event in every town and city in the hundred jobs that had been outsourced over- esses generally, as well as a specific chal- district to give my constituents an opportunity seas. Labor Secretary Hilda Solis visited the lenges resulting from PTSD. Based on what I to speak directly with me about their opinions site to discuss the local benefits with business heard from local Veterans and VSOs, I suc- and concerns. I hosted Town Hall Meetings, and labor leaders. Although recent reports in- cessfully introduced legislation that signifi- Congress on Your Corners, business dicate the company is struggling, discussions cantly streamlined the benefits process, and roundtables, issues forums and workshops are still ongoing to keep the jobs in Dutchess advocated for a VA rules change regarding throughout all 4 years of my Congressional County. handling of PTSD claims. The rules change

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.061 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2256 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2010 makes it much easier for veterans suffering donut hole, free preventative care and Small Business Assistance Guide—A pack- with PTSD to receive the care and compensa- wellness visits for seniors, reducing subsidies age of information and local resources for tion they deserve. to Medicare Advantage plans, fighting waste, small businesses seeking assistance and in- I sponsored a Veterans Employment and fraud and abuse in Medicare, and long term formation about loan opportunities and other Education forum to help returning veterans care options. federal and state support programs and devel- transition from the battlefield to the classroom LAW ENFORCEMENT TRAINING SESSIONS opments. and the workplace and make sure they are I became aware of concerns regarding com- Small Business Guide to the Affordable aware of all the benefits they earned. A mem- munication between some local law enforce- Care Act—Provided details on Small Business ber of the Wounded Warrior Program works ment officials and federal Immigration and Tax Credits for employer coverage of health on my Congressional staff. Customs Enforcement (ICE) officers. As a re- premiums and how other provisions of the In addition I hosted a GI Bill forum to train sult I requested ICE officials come to the dis- new health care law affect small businesses. Hudson Valley college admissions and admin- trict and provide information to local law en- Senior Handbook—Described resources istrative personnel regarding the benefits due forcement regarding how ICE can assist local available for seniors including health care and to Veterans and how to assist them with the law enforcement and ways they could work to- prescription drug coverage, long term care op- application process. gether to improve public safety. tions, household utilities, VA, meal delivery I strongly advocated for maintaining health and nutrition programs, senior centers, and CONGRESSIONAL ART COMPETITION care services for veterans at both campuses transportation. in Montrose and Castle Point. I also assisted Each year my office hosted a Congressional Veterans Services Website—Provides infor- in bringing a new veterans health clinic to Or- Arts Competition for high school students in mation about benefits and services, eligibility ange County. my district. The winner’s artwork is shown for requirements, and contact information for local I successfully sponsored legislation to name a year at the Capitol Building in Washington and national agencies and private organiza- the Chester Post Office in memory of First Lt. DC and runners up are shown in my local tions that provide assistance with healthcare, Lou Allen, who was killed in Iraq and to name Congressional offices. The Congressional of- benefits, education, and employment. the Port Jervis Post office in memory of former fice worked with arts facilities and schools to Fire and Emergency Services Grant Re- Mayor and Senator Arthur Gray. encourage student artists, review the submis- sources—A package of information about fed- SENIORS sions, and have them shown within the com- eral, state and foundation grant opportunities I hosted several events to help protect local munity. for fire departments and ambulance corps and Seniors from Medicare fraud. Experts were in RESOURCE GUIDES how to apply for such funds. In addition, the attendance to provide specific information The Congressional office created the fol- Congressional office hosted annual workshops about scams in the area and how to avoid be- lowing resource guides to assist individuals, to provide assistance to local fire departments coming a victim. In addition, I hosted informa- organizations, and small businesses with fed- as to how to write and submit federal grant tional events to prepare individuals and fami- eral government services and opportunities: applications to the Dept of Homeland Secu- lies who are nearing Medicare eligibility to pre- Guide to the American Recovery and Rein- rity’s Assistance to Firefighters Grant Program. pare themselves to understand and navigate vestment Act—Provided details of the federal Jobs Seekers’ Handbook—Detailed informa- the many enrollment options and various plans economic stimulus legislation for individuals, tion regarding resources available to people available. Thousands of local Seniors partici- businesses, organizations, and municipalities looking for a job and how to improve individual pated in my Tele-Town Hall discussion about including information about available funding skills. how the Health Care Reform law would affect opportunities and how to apply for and access Foreclosure prevention tips and resource them. Topics covered included closing the the funds. guide for homeowners.

VerDate Mar 15 2010 07:37 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.065 E22DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS Wednesday, December 22, 2010 Daily Digest

HIGHLIGHTS Senate agreed to the resolution of Advise and Consent to Ratification to the New START Treaty, as amended. Senate agreed to H. Con. Res. 336, Adjournment Resolution. Second Session of the 111th Congress adjourned sine die. Senate Chamber Action Measures Passed: Ike Skelton National Defense Authorization Act Routine Proceedings, pages S10935–S11075 for Fiscal Year 2011: Senate passed H.R. 6523, to Measures Introduced: Eight bills and three resolu- authorize appropriations for fiscal year 2011 for mili- tions were introduced, as follows: S. 4052–4059, and tary activities of the Department of Defense, for S. Res. 705–707. Page S11037 military construction, and for defense activities of Measures Reported: the Department of Energy, to prescribe military per- S. 3688, to establish an international professional sonnel strengths for such fiscal year, after agreeing to exchange program. (S. Rept. No. 111–383) the following amendment proposed thereto: Report to accompany S. 773, to ensure the contin- Pages S10936–38 ued free flow of commerce within the United States Levin/McCain Amendment No. 4921, to strike and with its global trading partners through secure title XVII. Page S10936 cyber communications, to provide for the continued SBIR and STTR Reauthorization Act: Senate development and exploitation of the Internet and passed S. 4053, to reauthorize and improve the SBIR intranet communications for such purposes, to pro- and STTR programs. Pages S11000–11 vide for the development of a cadre of information technology specialists to improve and maintain effec- Interest on Lawyers Trust Accounts: Senate tive cybersecurity defenses against disruption. (S. passed H.R. 6398, to require the Federal Deposit In- Rept. No. 111–384) surance Corporation to fully insure Interest on Law- Report to accompany S. 2764, to reauthorize the yers Trust Accounts. Page S10964 Satellite Home Viewer Extension and Reauthoriza- James Zadroga 9/11 Health and Compensation tion Act of 2004. (S. Rept. No. 111–385) Act: Senate passed H.R. 847, to amend the Public Report to accompany S. 3304, to increase the ac- Health Service Act to extend and improve protec- cess of persons with disabilities to modern commu- tions and services to individuals directly impacted by nications. (S. Rept. No. 111–386) the terrorist attack in New York City on September Report to accompany S. 1274, to amend title 46, 11, 2001, after agreeing to the following amend- United States Code, to ensure that the prohibition ment proposed thereto: Pages S10980–82 on disclosure of maritime transportation security in- Reid (for Gillibrand/Schumer) Amendment No. formation is not used inappropriately to shield cer- 4923, in the nature of a substitute. Pages S10980–82 tain other information from public disclosure. (S. Rept. No. 111–387) Helping Heroes Keep Their Homes Act: Senate Report to accompany S. 2870, to establish uni- passed S. 4058, to extend certain expiring provisions form administrative and enforcement procedures and providing enhanced protections for servicemembers penalties for the enforcement of the High Seas relating to mortgages and mortgage foreclosure. Driftnet Fishing Moratorium Protection Act and Pages S10990–92 similar statutes. (S. Rept. No. 111–388) Pages S11036–37 D1235

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1236 CONGRESSIONAL RECORD — DAILY DIGEST December 22, 2010 Adjournment Resolution: Senate agreed to H. with the Chairman of the Senate Committee on In- Con. Res. 336, providing for the sine die adjourn- dian Affairs and the Chairman of the Senate Com- ment of the second session of the One Hundred mittee on the Judiciary, pursuant to Public Law Eleventh Congress. Page S10999 111–211, appointed the following individuals to be Omnibus Trade Act: Senate passed H.R. 6517, to members of the Indian Law and Order Commission: extend trade adjustment assistance and certain trade Troy Eid of Colorado and Jefferson Keel of Okla- preference programs, to amend the Harmonized Tar- homa. Page S11060 iff Schedule of the United States to modify tempo- Indian Law and Order Commission: The Chair, rarily certain rates of duty, after agreeing to the fol- on behalf of the Republican Leader, in consultation lowing amendment proposed thereto: Page S11011 with the Chairman of the Senate Committee on In- Brown (OH) Amendment No. 4924, in the nature dian Affairs and the Chairman of the Senate Com- of a substitute. Page S11011 mittee on the Judiciary, pursuant to Public Law Arts in Education Week: Committee on Health, 111–211, appointed the following individual to be Education, Labor, and Pensions was discharged from a member of the Indian Law and Order Commission: further consideration of H. Con. Res. 275, express- Affie Ellis of Wyoming. Page S11060 ing support for designation of the week beginning National Commission for the Review of the Re- on the second Sunday of September as Arts in Edu- search and Development Programs of the United cation Week, and the resolution was then agreed to. States Intelligence Community: The Chair, on be- Page S11053 half of the Majority Leader, after consultation with Delta Regional Authority: Committee on Envi- the Chairman of the Select Committee on Intel- ronment and Public Works was discharged from fur- ligence of the Senate, and pursuant to the provisions ther consideration of S. Con. Res. 78, honoring the of Public Law 107–306, as amended by Public Law work and mission of the Delta Regional Authority 111–259, announced the appointment of the fol- on the occasion of the 10th anniversary of the Fed- lowing individual to serve as a member of the Na- eral-State partnership created to uplift the 8-State tional Commission for the Review of the Research Delta region, and the resolution was then agreed to. and Development Programs of the United States In- Pages S11053–54 telligence Community: Senator Mark R. Warner of Prevent and Mitigate Acts of Genocide: Senate Virginia. Page S11060 agreed to S. Con. Res. 71, recognizing the United Star Print—Agreement: A unanimous-consent States national interest in helping to prevent and agreement was reached providing that Calendar mitigate acts of genocide and other mass atrocities #706, S. 583, reported by the Committee on Com- against civilians, and supporting and encouraging ef- merce, Science and Transportation on December 17, forts to develop a whole of government approach to 2010, be star printed with the changes at the desk. prevent and mitigate such acts, after agreeing to the An incorrect version of the committee substitute committee amendment in the nature of a substitute. amendment was reported to the Senate. Page S11060 Pages S11054–57 Signing Authority—Agreement: A unanimous- Year of the Lung: Committee on Health, Edu- consent agreement was reached providing that Sen- cation, Labor, and Pensions was discharged from fur- ator Bayh be authorized to sign any duly enrolled ther consideration of S. Res. 432, supporting the bills or joint resolutions on Wednesday, December goals and ideals of the Year of the Lung 2010, and 22, 2010, and Senator Lincoln be authorized to sign the resolution was then agreed to. Pages S11057–58 any duly enrolled bills or joint resolutions on Thurs- Technical Correction: Senate agreed to S. Res. day, December 23, 2010, and Friday, December 24, 705, providing for a technical correction to S. Res. 2010. Page S11060 700. Page S11058 Authorizing Leadership to Make Appoint- Senate National Security Working Group: Sen- ments—Agreement: A unanimous-consent agree- ate agreed to S. Res. 706, extending the authority ment was reached providing that, notwithstanding for the Senate National Security Working Group. the upcoming recess or adjournment of the Senate, Page S11058 the President of the Senate, the President Pro Tem- Honoring Lula Davis: Senate agreed to S. Res. pore, and the Majority and Minority Leaders be au- 707, honoring Lula Davis. Pages S11038, S11058–60 thorized to make appointments to commissions, committees, boards, conferences, or interparliamen- Appointments: tary conferences authorized by law, by concurrent ac- Indian Law and Order Commission: The Chair, tion of the two Houses, or by order of the Senate. on behalf of the Majority Leader, in consultation Page S11060

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1237 A unanimous-consent agreement was reached pro- Scott M. Matheson, Jr., of Utah, to be United viding that when the Senate returns on Wednesday, States Circuit Judge for the Tenth Circuit. January 5, 2011, at 12:00 noon, following the pres- Page S10987 entation of the certificates of election and the swear- Chai Rachel Feldblum, of Maryland, to be a ing in of elected members, and the required live Member of the Equal Employment Opportunity quorum, that there then be a period of morning Commission for a term expiring July 1, 2013. business. Page S11070 Carolyn W. Colvin, of Maryland, to be Deputy Executive Reports of Committees: Senate received Commissioner of Social Security for the term expir- the following executive report of a committee: ing January 19, 2013. Report to accompany Investment Treaty with P. David Lopez, of Arizona, to be General Counsel of the Equal Employment Opportunity Commission Rwanda (Treaty Doc. 110–23) (Ex. Rept. 111–8). for a term of four years. Page S11037 Victoria A. Lipnic, of Virginia, to be a Member Treaty Approved: of the Equal Employment Opportunity Commission Treaty with Russia on Measures for Further Re- for the remainder of the term expiring July 1, 2010. duction and Limitation of Strategic Offensive Victoria A. Lipnic, of Virginia, to be a Member Arms: By 71 yeas to 26 nays (Vote No. 298), two- of the Equal Employment Opportunity Commission thirds of the Senators present having voted in the af- for a term expiring July 1, 2015. firmative, Senate agreed to the resolution of Advise Michele Marie Leonhart, of California, to be Ad- and Consent to Ratification, as amended, to Treaty ministrator of Drug Enforcement. Doc. 111–5, between the United States of America Jacqueline A. Berrien, of New York, to be a and the Russian Federation on Measures for the Fur- Member of the Equal Employment Opportunity ther Reduction and Limitation of Strategic Offensive Commission for a term expiring July 1, 2014. Arms, signed in Prague on April 8, 2010, with Pro- Kathleen M. O’Malley, of Ohio, to be United tocol, after having passed through its various par- States Circuit Judge for the Federal Circuit. liamentary stages, up to and including the presen- Jonathan Woodson, of Massachusetts, to be an As- tation of the resolution of ratification, and taking ac- sistant Secretary of Defense. tion on the following amendments proposed thereto: Patti B. Saris, of Massachusetts, to be Chair of the Page S10938–80, S1082–86 United States Sentencing Commission. Adopted: Patti B. Saris, of Massachusetts, to be a Member Kyl Further Modified Amendment No. 4892, to of the United States Sentencing Commission for a require a certification regarding the design and fund- term expiring October 31, 2015. ing of certain facilities. Pages S10939–53 Dabney Langhorne Friedrich, of Maryland, to be McCain Further Modified Amendment No. 4904, a Member of the United States Sentencing Commis- to provide a condition and an additional element of sion for a term expiring October 31, 2015. the understanding regarding the effectiveness and vi- Robert Leon Wilkins, of the District of Columbia, ability of the New START Treaty and United States to be United States District Judge for the District of Columbia. missile defenses. Pages S10953–55 During consideration of this measure today, Senate Robert Anacletus Underwood, of Guam, to be a also took the following actions: Member of the Board of Directors of the National Board for Education Sciences for a term expiring Chair sustained a point of order against Kirk November 28, 2012. Amendment No. 4922 (to Amendment No. 4904), Anthony Bryk, of California, to be a Member of to provide an additional understanding regarding the the Board of Directors of the National Board for December 18, 2010, letter from President Obama to Education Sciences for a term expiring November the Senate regarding missile defense, as being in vio- 28, 2011. lation of rule XXII of the Standing Rules of the Kris D. Gutierrez, of Colorado, to be a Member Senate, that the amendment was not timely filed, of the Board of Directors of the National Board for and the amendment thus fell. Pages S10955–64 Education Sciences for a term expiring November Nominations Confirmed: Senate confirmed the fol- 28, 2012. lowing nominations: Ramona Emilia Romero, of Pennsylvania, to be By unanimous vote of 89 yeas (Vote No. EX. General Counsel of the Department of Agriculture. 299), Mary Helen Murguia, of Arizona, to be United Sean P. Buckley, of New York, to be Commis- States Circuit Judge for the Ninth Circuit. sioner of Education Statistics for a term expiring Pages S10986–87 June 21, 2015.

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1238 CONGRESSIONAL RECORD — DAILY DIGEST December 22, 2010 Beryl Alaine Howell, of the District of Columbia, Thomas R. Nides, of the District of Columbia, to to be United States District Judge for the District be Deputy Secretary of State for Management and of Columbia. Resources. Kevin Glenn Nealer, of Maryland, to be a Mem- Alan J. Patricof, of New York, to be a Member ber of the Board of Directors of the Overseas Private of the Board of Directors of the Millennium Chal- Investment Corporation for a term expiring Decem- lenge Corporation for a term of two years. ber 17, 2011. Russel Edwin Burger, of Oregon, to be United Wilfredo Martinez, of Florida, to be a Member of States Marshal for the District of Oregon for the the Board of Directors of the State Justice Institute term of four years. (Prior to this action, Committee for a term expiring September 17, 2013. on the Judiciary was discharged from further consid- Chase Theodora Rogers, of Connecticut, to be a eration.) Member of the Board of Directors of the State Jus- Charles Edward Andrews, of Alabama, to be tice Institute for a term expiring September 17, United States Marshal for the Southern District of 2012. Alabama for the term of four years. (Prior to this ac- Allison Blakely, of Massachusetts, to be a Member tion, Committee on the Judiciary was discharged of the National Council on the Humanities for a from further consideration.) term expiring January 26, 2016. Christopher R. Thyer, of Arkansas, to be United Samuel Epstein Angel, of Arkansas, to be a Mem- States Attorney for the Eastern District of Arkansas ber of the Mississippi River Commission for a term for the term of four years. (Prior to this action, of nine years. Committee on the Judiciary was discharged from Carol Fulp, of Massachusetts, to be a Representa- further consideration.) tive of the United States of America to the Sixty- 1 Force nominations in the rank of general. fifth Session of the General Assembly of the United 214 Army nominations in the rank of general. Nations. 4 Marine Corps nominations in the rank of gen- Jeanne Shaheen, of New Hampshire, to be a Rep- eral. resentative of the United States of America to the 4 Navy nominations in the rank of admiral. Sixty-fifth Session of the General Assembly of the Routine lists in the Air Force, Army, Foreign United Nations. Service, Marine Corps, and Navy. Pages S10987, Roger F. Wicker, of Mississippi, to be a Rep- S11061–66, S11072–75 resentative of the United States of America to the Nomination Received: Senate received the fol- Sixty-fifth Session of the General Assembly of the lowing nomination: United Nations. Agnes Gund, of New York, to be a Member of Gregory J. Nickels, of Washington, to be an Al- the National Council on the Arts. Page S11070 ternate Representative of the United States of Amer- ica to the Sixty-fifth Session of the General Assem- Nominations Returned to the President: The fol- bly of the United Nations. lowing nominations were returned to the President Stacia A. Hylton, of Virginia, to be Director of failing of confirmation under Senate rule XXXI at the United States Marshals Service. vice John F. the time of the sine die adjournment of the 111th Clark, resigned. Congress: William R. Brownfield, of Texas, to be an Assist- Winslow Lorenzo Sargeant, of Wisconsin, to be ant Secretary of State (International Narcotics and Chief Counsel for Advocacy, Small Business Admin- Law Enforcement Affairs). istration. Eugene Louis Dodaro, of Virginia, to be Comp- Rafael Borras, of Maryland, to be Under Secretary troller General of the United States for a term of fif- for Management, Department of Homeland Security. teen years. Eric L. Hirschhorn, of Maryland, to be Under Sec- Paige Eve Alexander, of Georgia, to be an Assist- retary of Commerce for Export Administration. ant Administrator of the United States Agency for Michael W. Punke, of Montana, to be a Deputy International Development. United States Trade Representative, with the rank of Isabel Framer, of Ohio, to be a Member of the Ambassador. Board of Directors of the State Justice Institute for Islam A. Siddiqui, of Virginia, to be Chief Agri- a term expiring September 17, 2012. cultural Negotiator, Office of the United States Susan H. Hildreth, of Washington, to be Director Trade Representative, with the rank of Ambassador. of the Institute of Museum and Library Services. Richard Sorian, of New York, to be an Assistant Mark Green, of Wisconsin, to be a Member of the Secretary of Health and Human Services. Board of Directors of the Millennium Challenge Cor- Michael F. Mundaca, of New York, to be an As- poration for a term of three years. sistant Secretary of the Treasury.

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1239 Philip E. Coyle, III, of California, to be an Asso- Diana Saldana, of Texas, to be United States Dis- ciate Director of the Office of Science and Tech- trict Judge for the Southern District of Texas. nology Policy. Michael H. Simon, of Oregon, to be United States Solomon B. Watson, IV, of New York, to be District Judge for the District of Oregon. General Counsel of the Department of the Army. Scott C. Doney, of Massachusetts, to be Chief Sci- Mari Carmen Aponte, of the District of Columbia, entist of the National Oceanic and Atmospheric Ad- to be Ambassador to the Republic of El Salvador. ministration. Robert Stephen Ford, of Maryland, to be Ambas- Goodwin Liu, of California, to be United States sador to the Syrian Arab Republic. Circuit Judge for the Ninth Circuit. Jonathan Andrew Hatfield, of Virginia, to be In- Louis B. Butler, Jr., of Wisconsin, to be United spector General, Corporation for National and Com- States District Judge for the Western District of munity Service. Wisconsin. Amy Totenberg, of Georgia, to be United States Edward Milton Chen, of California, to be United District Judge for the Northern District of Georgia. States District Judge for the Northern District of William J. Boarman, of Maryland, to be Public California. Printer. John J. McConnell, Jr., of Rhode Island, to be Paul Kinloch Holmes, III, of Arkansas, to be United States District Judge for the District of United States District Judge for the Western Dis- Rhode Island. trict of Arkansas. Peter A. Diamond, of Massachusetts, to be a Susan L. Carney, of Connecticut, to be United Member of the Board of Governors of the Federal States Circuit Judge for the Second Circuit. Reserve System for the unexpired term of fourteen Anthony J. Battaglia, of California, to be United years from February 1, 2000. States District Judge for the Southern District of Mario Cordero, of California, to be a Federal Mari- California. time Commissioner for the term expiring June 30, Edward J. Davila, of California, to be United 2014. States District Judge for the Northern District of California. Rebecca F. Dye, of North Carolina, to be a Fed- James Michael Cole, of the District of Columbia, eral Maritime Commissioner for the term expiring to be Deputy Attorney General. June 30, 2015. Matthew J. Bryza, of Illinois, to be Ambassador to Joseph A. Smith, Jr., of North Carolina, to be Di- the Republic of Azerbaijan. rector of the Federal Housing Finance Agency for a James E. Shadid, of Illinois, to be United States term of five years. District Judge for the Central District of Illinois. Evan J. Segal, of Pennsylvania, to be a Member of Max Oliver Cogburn, Jr., of North Carolina, to be the Board of Directors of the Commodity Credit United States District Judge for the Western Dis- Corporation. trict of North Carolina. Katherine M. Gehl, of Wisconsin, to be a Member James E. Graves, Jr., of Mississippi, to be United of the Board of Directors of the Overseas Private In- States Circuit Judge for the Fifth Circuit. vestment Corporation for a term expiring December James Emanuel Boasberg, of the District of Co- 17, 2010. lumbia, to be United States District Judge for the Jill Long Thompson, of Indiana, to be a Member District of Columbia. of the Farm Credit Administration Board, Farm Amy Berman Jackson, of the District of Colum- Credit Administration (Recess Appointment). bia, to be United States District Judge for the Dis- Francisco J. Sanchez, of Florida, to be Under Sec- trict of Columbia. retary of Commerce for International Trade (Recess Norman L. Eisen, of the District of Columbia, to Appointment). be Ambassador to the Czech Republic. Eric L. Hirschhorn, of Maryland, to be Under Sec- Larry Leon Palmer, of Georgia, to be Ambassador retary of Commerce for Export Administration (Re- to the Bolivarian Republic of Venezuela. cess Appointment). Francis Joseph Ricciardone, Jr., of Massachusetts, Michael W. Punke, of Montana, to be a Deputy to be Ambassador to the Republic of Turkey. United States Trade Representative, with the rank of Marco A. Hernandez, of Oregon, to be United Ambassador (Recess Appointment). States District Judge for the District of Oregon. Michael F. Mundaca, of New York, to be an As- Steve C. Jones, of Georgia, to be United States sistant Secretary of the Treasury (Recess Appoint- District Judge for the Northern District of Georgia. ment). Sue E. Myerscough, of Illinois, to be United States Islam A. Siddiqui, of Virginia, to be Chief Agri- District Judge for the Central District of Illinois. cultural Negotiator, Office of the United States

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1240 CONGRESSIONAL RECORD — DAILY DIGEST December 22, 2010 Trade Representative, with the rank of Ambassador David Lee Carden, of New York, to be Represent- (Recess Appointment). ative of the United States of America to the Associa- Suzan D. Johnson Cook, of New York, to be Am- tion of Southeast Asian Nations, with the rank and bassador at Large for International Religious Free- status of Ambassador. dom. Eric G. Postel, of Wisconsin, to be an Assistant Philip E. Coyle, III, of California, to be an Asso- Administrator of the United States Agency for Inter- ciate Director of the Office of Science and Tech- national Development. nology Policy (Recess Appointment). Frances M.D. Gulland, of California, to be a Joshua Gotbaum, of the District of Columbia, to Member of the Marine Mammal Commission for a be Director of the Pension Benefit Guaranty Cor- term expiring May 13, 2012. poration (Recess Appointment). Kathryn D. Sullivan, of Ohio, to be an Assistant Timothy Charles Scheve, of Pennsylvania, to be a Secretary of Commerce. Member of the Internal Revenue Service Oversight Daniel M. Ashe, of Maryland, to be Director of Board for a term expiring September 14, 2010. the United States Fish and Wildlife Service. Timothy Charles Scheve, of Pennsylvania, to be a Maurice B. Foley, of Maryland, to be a Judge of Member of the Internal Revenue Service Oversight the United States Tax Court for a term of fifteen Board for a term expiring September 14, 2015. years. Juan F. Vasquez, of Texas, to be a Judge of the Peter Bruce Lyons, of New Mexico, to be an As- United States Tax Court for a term of fifteen years. sistant Secretary of Energy (Nuclear Energy). Elizabeth Ann Hagen, of Virginia, to be Under Ann D. Begeman, of Virginia, to be a Member of Secretary of Agriculture for Food Safety (Recess Ap- the Surface Transportation Board for a term expiring pointment). December 31, 2015. Alan D. Bersin, of California, to be Commissioner Chai Rachel Feldblum, of Maryland, to be a of Customs, Department of Homeland Security. Member of the Equal Employment Opportunity Donald M. Berwick, of Massachusetts, to be Ad- Commission for a term expiring July 1, 2013 (Re- ministrator of the Centers for Medicare and Medicaid cess Appointment). Services. Jacqueline A. Berrien, of New York, to be a Jeffrey Alan Goldstein, of New York, to be an Member of the Equal Employment Opportunity Under Secretary of the Treasury. Commission for a term expiring July 1, 2014 (Re- Richard Sorian, of New York, to be an Assistant cess Appointment). Secretary of Health and Human Services (Recess Ap- Craig Becker, of Illinois, to be a Member of the pointment). National Labor Relations Board for the term of five Mari Carmen Aponte, of the District of Columbia, years expiring December 16, 2014 (Recess Appoint- to be Ambassador to the Republic of El Salvador ment). (Recess Appointment). Victoria A. Lipnic, of Virginia, to be a Member George Albert Krol, of New Jersey, to be Ambas- of the Equal Employment Opportunity Commission sador to the Republic of Uzbekistan. for the remainder of the term expiring July 1, 2010 Matthew Maxwell Taylor Kennedy, of California, (Recess Appointment). to be a Member of the Board of Directors of the P. David Lopez, of Arizona, to be General Counsel Overseas Private Investment Corporation for a term of the Equal Employment Opportunity Commission expiring December 17, 2012. for a term of four years (Recess Appointment). Kurt Walter Tong, of Maryland, a Career Member Mark Gaston Pearce, of New York, to be a Mem- of the Senior Foreign Service, Class of Counselor, for ber of the National Labor Relations Board for the the rank of Ambassador during his tenure of service term of five years expiring August 27, 2013 (Recess as United States Senior Official for the Asia-Pacific Appointment). Economic Cooperation (APEC ) Forum. Paul M. Tiao, of Maryland, to be Inspector Gen- Jo Ann Rooney, of Massachusetts, to be Principal eral, Department of Labor. Deputy Under Secretary of Defense for Personnel and Beverly L. Hall, of Georgia, to be a Member of Readiness. the Board of Directors of the National Board for Michael Vickers, of Virginia, to be Under Sec- Education Sciences for a term expiring March 15, retary of Defense for Intelligence. 2012. Sue Kathrine Brown, of Texas, to be Ambassador Richard Christman, of Kentucky, to be a Member to Montenegro. of the Board of Directors of the Corporation for Na- Pamela L. Spratlen, of California, to be Ambas- tional and Community Service for the remainder of sador to the Kyrgyz Republic. the term expiring October 6, 2012.

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1241 Jane D. Hartley, of New York, to be a Member Esteban Soto III, of Maryland, to be United States of the Board of Directors of the Corporation for Na- Marshal for the Superior Court of the District of Co- tional and Community Service for a term expiring lumbia for the term of four years. October 6, 2014. Carolyn N. Lerner, of Maryland, to be Special Marguerite W. Kondracke, of Tennessee, to be a Counsel, Office of Special Counsel, for the term of Member of the Board of Directors of the Corporation five years. for National and Community Service for a term ex- Thomas Hicks, of Virginia, to be a Member of the piring June 10, 2014. Election Assistance Commission for a term expiring Matthew Francis McCabe, of Pennsylvania, to be December 12, 2013. a Member of the Board of Directors of the Corpora- Winslow Lorenzo Sargeant, of Wisconsin, to be tion for National and Community Service for a term Chief Counsel for Advocacy, Small Business Admin- expiring October 6, 2013. istration (Recess Appointment). John D. Podesta, of the District of Columbia, to Stephanie O’Sullivan, of Virginia, to be Principal be a Member of the Board of Directors of the Cor- Deputy Director of National Intelligence. poration for National and Community Service for a Phyllis Nichamoff Segal, of Massachusetts, to be term expiring October 6, 2014. a Member of the Board of Directors of the Corpora- Lisa M. Quiroz, of New York, to be a Member of tion for National and Community Service for a term the Board of Directors of the Corporation for Na- expiring October 6, 2013. tional and Community Service for a term expiring Pamela Young-Holmes, of Wisconsin, to be a February 8, 2014. Member of the National Council on Disability for Roberto R. Herencia, of Illinois, to be a Member the remainder of the term expiring September 17, of the Board of Directors of the Overseas Private In- 2010. vestment Corporation for a term expiring December Joshua Gotbaum, of the District of Columbia, to 17, 2012. be Director of the Pension Benefit Guaranty Cor- James A. Torrey, of Connecticut, to be a Member poration (Recess Appointment). of the Board of Directors of the Overseas Private In- Anthony Bryk, of California, to be a Member of vestment Corporation for a term expiring December the Board of Directors of the National Board for 17, 2010. Education Sciences for a term expiring November James A. Torrey, of Connecticut, to be a Member 28, 2015. of the Board of Directors of the Overseas Private In- Cora B. Marrett, of Wisconsin, to be Deputy Di- vestment Corporation for a term expiring December rector of the National Science Foundation. 17, 2013. Thomas M. Beck, of Virginia, to be a Member of Daniel L. Shields III, of Pennsylvania, to be Am- the National Mediation Board for a term expiring bassador to Brunei Darussalam. July 1, 2013. Joseph M. Torsella, of Pennsylvania, to be Rep- Paula Barker Duffy, of Illinois, to be a Member resentative of the United States of America to the of the National Council on the Humanities for a United Nations for U.N. Management and Reform, term expiring January 26, 2016. with the rank of Ambassador. Martha Wagner Weinberg, of Massachusetts, to Joseph M. Torsella, of Pennsylvania, to be Alter- be a Member of the National Council on the Hu- nate Representative of the United States of America manities for a term expiring January 26, 2016. to the Sessions of the General Assembly of the Janice Lehrer-Stein, of California, to be a Member United Nations, during his tenure of service as Rep- of the National Council on Disability for a term ex- resentative of the United States of America to the piring September 17, 2013. United Nations for U. N. Management and Reform. Leon Rodriguez, of Maryland, to be Administrator David Bruce Shear, of New York, to be Ambas- of the Wage and Hour Division, Department of sador to the Socialist Republic of Vietnam. Labor. Nils Maarten Parin Daulaire, of Virginia, to be Kelvin K. Droegemeier, of Oklahoma, to be a Representative of the United States on the Executive Member of the National Science Board, National Board of the World Health Organization. Science Foundation for a term expiring May 10, Terry Lewis, of Michigan, to be a Member of the 2016. Board of Directors of the Overseas Private Invest- Albert J. Beveridge III, of the District of Colum- ment Corporation for a term expiring December 17, bia, to be a Member of the National Council on the 2011. Humanities for a term expiring January 26, 2016. Rafael Borras, of Maryland, to be Under Secretary Constance M. Carroll, of California, to be a Mem- for Management, Department of Homeland Security ber of the National Council on the Humanities for (Recess Appointment). a term expiring January 26, 2016.

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1242 CONGRESSIONAL RECORD — DAILY DIGEST December 22, 2010 Cathy M. Davidson, of North Carolina, to be a Arenda L. Wright Allen, of Virginia, to be Member of the National Council on the Humanities United States District Judge for the Eastern District for a term expiring January 26, 2016. of Virginia. Aaron Paul Dworkin, of Michigan, to be a Mem- Michael Francis Urbanski, of Virginia, to be ber of the National Council on the Arts for a term United States District Judge for the Western Dis- expiring September 3, 2014. trict of Virginia. Clyde E. Terry, of New Hampshire, to be a Mem- Claire C. Cecchi, of New Jersey, to be United ber of the National Council on Disability for a term States District Judge for the District of New Jersey. expiring September 17, 2013. Esther Salas, of New Jersey, to be United States Carolyn N. Lerner, of Maryland, to be Special District Judge for the District of New Jersey. Counsel, Office of Special Counsel, for the term of Thomas Gray Walker, of North Carolina, to be five years. United States Attorney for the Eastern District of Judith A. Ansley, of Massachusetts, to be a Mem- North Carolina for the term of four years. ber of the Board of Directors of the United States Institute of Peace for the remainder of the term ex- John B. Stevens, Jr., of Texas, to be United States piring September 19, 2011. Attorney for the Eastern District of Texas for the Judith A. Ansley, of Massachusetts, to be a Mem- term of four years. ber of the Board of Directors of the United States Edward Carroll DuMont, of the District of Co- Institute of Peace for a term of four years. lumbia, to be United States Circuit Judge for the John A. Lancaster, of New York, to be a Member Federal Circuit. of the Board of Directors of the United States Insti- Victoria Frances Nourse, of Wisconsin, to be tute of Peace for the remainder of the term expiring United States Circuit Judge for the Seventh Circuit. September 19, 2011. Charles Bernard Day, of Maryland, to be United John A. Lancaster, of New York, to be a Member States District Judge for the District of Maryland. of the Board of Directors of the United States Insti- Kathleen M. Williams, of Florida, to be United tute of Peace for a term of four years. States District Judge for the Southern District of Agnes Gund, of New York, to be a Member of Florida. the National Council on the Arts. Marina Garcia Marmolejo, of Texas, to be United Timothy J. Feighery, of New York, to be Chair- States District Judge for the Southern District of man of the Foreign Claims Settlement Commission Texas. of the United States for a term expiring September M. Scott Bowen, of Michigan, to be United States 30, 2012. Attorney for the Western District of Michigan for Andrew L. Traver, of Illinois, to be Director, Bu- the term of four years. reau of Alcohol, Tobacco, Firearms, and Explosives. Wilfredo Martinez, of Florida, to be a Member of Cathy Bissoon, of Pennsylvania, to be United the Board of Directors of the State Justice Institute States District Judge for the Western District of for a term expiring September 17, 2010. Pennsylvania. Robert Neil Chatigny, of Connecticut, to be Vincent L. Briccetti, of New York, to be United United States Circuit Judge for the Second Circuit. States District Judge for the Southern District of Caitlin Joan Halligan, of New York, to be United New York. Roy Bale Dalton, Jr., of Florida, to be United States Circuit Judge for the District of Columbia States District Judge for the Middle District of Flor- Circuit. ida. Jimmie V. Reyna, of Maryland, to be United Sara Lynn Darrow, of Illinois, to be United States States Circuit Judge for the Federal Circuit. District Judge for the Central District of Illinois. Richard Brooke Jackson, of Colorado, to be John A. Kronstadt, of California, to be United United States District Judge for the District of Colo- States District Judge for the Central District of Cali- rado. fornia. Mae A. D’Agostino, of New York, to be United Kevin Hunter Sharp, of Tennessee, to be United States District Judge for the Northern District of States District Judge for the Middle District of Ten- New York. nessee. Mark Raymond Hornak, of Pennsylvania, to be S. Amanda Marshall, of Oregon, to be United United States District Judge for the Western Dis- States Attorney for the District of Oregon for the trict of Pennsylvania. term of four years. Robert David Mariani, of Pennsylvania, to be Bernice Bouie Donald, of Tennessee, to be United United States District Judge for the Middle District States Circuit Judge for the Sixth Circuit. of Pennsylvania.

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John Andrew Ross, of Missouri, to be United Additional Cosponsors: Page S11037 States District Judge for the Eastern District of Mis- Statements on Introduced Bills/Resolutions: souri. Pages S11037–38 Denise Ellen O’Donnell, of New York, to be Di- rector of the Bureau of Justice Assistance. Additional Statements: Pages S11030–33 Elisebeth Collins Cook, of Illinois, to be a Mem- Amendments Submitted: Pages S11038–53 ber of the Privacy and Civil Liberties Oversight Record Votes: Two record votes were taken today. Board for a term expiring January 29, 2014. (Total—299) Pages S10982, S10987 James Xavier Dempsey, of California, to be a Member of the Privacy and Civil Liberties Oversight Adjournment: Senate convened at 9 a.m. and ad- Board for a term expiring January 29, 2016. journed sine die, pursuant to the provisions of H. 6 Air Force nominations in the rank of general. Con. Res. 336, at 8:03 p.m., until 12 noon on 4 Army nominations in the rank of general. Wednesday, January 5, 2011, for the convening of 1 National Oceanic and Atmospheric Administra- the 112th Congress. (For Senate’s program, see the tion nomination in the rank of admiral. remarks of the Acting Majority Leader in today’s 2 Navy nominations in the rank of admiral. Record on page S11070.) Routine lists in the Air Force, Foreign Service, Marine Corps. Pages S11070–72 Committee Meetings Messages from the House: Pages S11033–34 Measures Referred: Page S11034 (Committees not listed did not meet) Executive Communications: Pages S11034–36 No committee meetings were held. h House of Representatives Chamber Action House shall stand adjourned sine die pursuant to Public Bills and Resolutions Introduced: 1 public that concurrent resolution. Page H8947 bill, H.R. 6570; and 4 resolutions, H.J. Res. 106–107; Order of Procedure: The House agreed by unani- and H. Res. 1783–1784 were introduced. Page H8990 mous consent that it be in order at any time to take Additional Cosponsors: Page H8990 from the Speaker’s table H.R. 847, with the Senate amendment thereto, and to consider in the House, Reports Filed: There were no reports filed today. without intervention of any point of order except Chaplain: The prayer was offered by the guest chap- those arising under clause 10 of rule XXI, a motion lain, Monsignor Stephen J. Rossetti, Catholic Uni- offered by the chair of the Committee on Energy and versity of America, Washington, DC. Page H8943 Commerce or his designee that the House concur in Ike Skelton National Defense Authorization Act the Senate amendment; that the Senate amendment for Fiscal Year 2011: Agreed by unanimous consent be considered as read; that the motion be debatable to concur in the Senate amendments to H.R. 6523, for 30 minutes equally divided and controlled by the to authorize appropriations for fiscal year 2011 for chair and ranking minority member of the Com- military activities of the Department of Defense, for mittee on Energy and Commerce; and that the pre- military construction, and for defense activities of vious question be considered as ordered on the mo- the Department of Energy and to prescribe military tion to final adoption without intervening motion. personnel strengths for such fiscal year. Page H8947 Pages H8944–45 James Zadroga 9/11 Health and Compensation Recess: The House recessed at 11:25 a.m. and re- Act of 2010: The House concurred in the Senate convened at 3:50 p.m. Page H8946 amendment to H.R. 847, to amend the Public Meeting Hour: Agreed that when the House ad- Health Service Act to extend and improve protec- journs today, it adjourn to meet at 11 a.m. on Fri- tions and services to individuals directly impacted by day, December 24, 2010, unless it sooner has re- the terrorist attack in New York City on September ceived a message from the Senate transmitting its 11, 2001, by a yea-and-nay vote of 206 yeas to 60 concurrence in H. Con. Res. 336, in which case the nays, Roll No. 664. Pages H8947–66

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Page H8978 and agreements that such policies, forms, and agreements conform with certain disclosure protections, Amending the Federal Water Pollution Control and provide certain authority for the Special Counsel. Act to clarify Federal responsibility for Pages H8966–74 stormwater pollution: The House agreed by unanimous consent to S. 3481, to amend the Federal Supporting Olympic Day on June 23, 2010: The Water Pollution Control Act to clarify Federal re- House agreed by unanimous consent to H. Res. sponsibility for stormwater pollution. Pages H8978–80 1461, to support Olympic Day on June 23, 2010, and to congratulate Team USA and World Fit par- Extending certain expiring provisions providing ticipants. Page H8975 enhanced protections for servicemembers relating to mortgages and mortgage foreclosure: The Clarifying the National Credit Union Adminis- House agreed by unanimous consent to S. 4058, to tration authority to make stabilization fund ex- extend certain expiring provisions providing en- penditures without borrowing from the Treas- ury: The House agreed by unanimous consent to S. hanced protections for servicemembers relating to 4036, to clarify the National Credit Union Adminis- mortgages and mortgage foreclosure. Page H8980 tration authority to make stabilization fund expendi- Authorizing leases of up to 99 years for lands tures without borrowing from the Treasury. held in trust for Ohkay Owingeh Pueblo: The Pages H8975–76 House agreed by unanimous consent to S. 3903, to Celebrating 130 years of United States-Romanian authorize leases of up to 99 years for lands held in diplomatic relations: The House agreed by unani- trust for Ohkay Owingeh Pueblo. Page H8980 mous consent to S. Con. Res. 67, to celebrate 130 Committee to Notify the President: The House years of United States-Romanian diplomatic rela- agreed to H. Res. 1784, providing for a committee tions, to congratulate the Romanian people on their of two Members to be appointed by the House to achievements as a great nation, and to reaffirm the join a similar committee appointed by the Senate, to deep bonds of trust and values between the United wait upon the President to inform him that the two States and Romania, a trusted and most valued ally. Houses have completed their business of the session Page H8976 and are ready to adjourn, unless the President has Removal Clarification Act of 2010: The House some other communication to make to them. Subse- agreed by unanimous consent to H.R. 6560, to quently, the Speaker appointed Majority Leader amend title 28, United States Code, to clarify and Hoyer and Minority Leader Boehner to the com- improve certain provisions relating to the removal of mittee. Pages H8980–81 litigation against Federal officers or agencies to Fed- Extension of Remarks: Agreed that the Chairman eral courts. Pages H8976–77 and ranking minority Member of each standing com- Honoring the 50th anniversary of the Freedom mittee and each subcommittee be permitted to ex- Rides: The House agreed by unanimous consent to tend their remarks in the Record, up to and includ- H. Res. 1779, to honor the 50th anniversary of the ing the Record’s last publication, and to include a Freedom Rides. Page H8977 summary of the work of that committee or sub- Real Estate Jobs and Investment Act of 2010: committee. Page H8981 The House agreed by unanimous consent to concur Also agreed that Members may have until publi- in the Senate amendments to H.R. 5901, to amend cation of the last edition of the Congressional Record the Internal Revenue Code of 1986 to exempt cer- authorized for the Second Session of the One Hun- tain stock of real estate investment trusts from the dred Eleventh Congress by the Joint Committee on tax on foreign investment in United States real prop- Printing to revise and extend their remarks and to erty interests. Pages H8977–78 include brief, related extraneous material on any Making a technical correction to a cross-ref- matter occurring before the adjournment of the Sec- erence in the final regulations issued by the Of- ond Session Sine Die. Page H8981 fice of Compliance to implement the Veterans Board of Directors of the Vietnam Education Employment Opportunities Act of 1998: The Foundation—Appointment: The Chair announced House agreed by unanimous consent to H. Res. the Speaker’s appointment of the following Member

VerDate Mar 15 2010 03:03 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22DE0.REC D22DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1245 of the House to the Board of Directors of the Viet- Senate Referrals: S. 3903, S. 4053, and S. 4058 nam Education Foundation: Upon the recommenda- were held at the desk. Pages H8944, H8947, H8974 tion of the Majority Leader: Representative Loretta Quorum Calls—Votes: One yea-and-nay vote de- Sanchez of California. Page H8981 veloped during the proceedings of today and appears National Advisory Committee on Institutional on pages H8965. There were no quorum calls. Quality and Integrity—Appointment: The Chair Adjournment Sine Die: The House met at 11 a.m. announced the Speaker’s appointment of the fol- and in accordance with the provisions of H. Con. lowing member on the part of the House to the Na- Res. 336, the House adjourned sine die at 6 p.m. tional Advisory Committee on Institutional Quality until 12 noon on Wednesday, January 5, 2011 for and Integrity for a term of six years: Upon the rec- the Convening of the First Session of the 112th Con- ommendation of the Majority Leader: Dr. George T. gress. French of Fairfield, AL. Page H8982 Omnibus Trade Act of 2010: The House agreed by Committee Meetings unanimous consent to concur in the Senate amend- No committee meetings were held. ment to H.R. 6517, to extend trade adjustment assistance and certain trade preference programs, to Joint Meetings amend the Harmonized Tariff Schedule of the No committee meetings were held. United States to modify temporarily certain rates of duty. Pages H8982–83 f Advisory Committee on Student Financial As- NEW PUBLIC LAWS sistance—Appointment: The Chair announced the (For last listing of Public Laws, see DAILY DIGEST, p. D1233) Speaker’s appointment of the following member on H.R. 2965, to amend the Small Business Act with the part of the House to the Advisory Committee on respect to the Small Business Innovation Research Student Financial Assistance for a term of four years: Program and the Small Business Technology Trans- Upon the recommendation of the Majority Leader: fer Program. Signed on December 22, 2010. (Public Ms. Deborah Stanley of Bowie, MD. Pages H8983–85 Law 111–321) Senate Messages: Messages received from the Senate H.R. 3082, making appropriations for military by the Clerk and subsequently presented to the construction, the Department of Veterans Affairs, House today and a message received from the Senate and related agencies for the fiscal year ending Sep- today appear on pages H8944, H8946–47, H8974, tember 30, 2010. Signed on December 22, 2010. H8982. (Public Law 111–322)

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, January 5 12 p.m., Wednesday, January 5

Senate Chamber House Chamber Program for Wednesday: Following the presentation of Program for Wednesday: Convening of the first session the certificates of election and the swearing in of elected of the 112th Congress. members, there will be a required live quorum to convene the 112th Congress. All Senators are asked to report to the floor at that time. The Senate will then be in a period of morning business.

Extensions of Remarks, as inserted in this issue

HOUSE Granger, Kay, Tex., E2254 Norton, Eleanor Holmes, D.C., E2245 Gutierrez, Luis V., Ill., E2244 Pascrell, Bill, Jr., N.J., E2238, E2240, E2249 Baca, Joe, Calif., E2244 Hall, John J., N.Y., E2238, E2250, E2255 Paulsen, Erik, Minn., E2247, E2249, E2255 Becerra, Xavier, Calif., E2243 Hall, Ralph M., Tex., E2247 Perlmutter, Ed, Colo., E2237, E2241, E2243 Bishop, Timothy H., N.Y., E2246 Heller, Dean, Nev., E2238, E2240, E2243, E2246, E2247, Pierluisi, Pedro R., Puerto Rico, E2246 Blumenauer, Earl, Ore., E2247 E2248, E2249, E2255 Bordallo, Madeleine Z., Guam, E2243, E2249 Hinojosa, Rube´n, Tex., E2248 Pomeroy, Earl, N.D., E2245 Cuellar, Henry, Tex., E2241 Kaptur, Marcy, Ohio, E2252 Roybal-Allard, Lucille, Calif., E2247 Culberson, John Abney, Tex., E2240 Kilpatrick, Carolyn C., Mich., E2240, E2254 Sires, Albio, N.J., E2240 Davis, Danny K., Ill., E2237, E2241, E2246, E2249 Kilroy, Mary Jo, Ohio, E2245 Skelton, Ike, Mo., E2241, E2251 Davis, Geoff, Ky., E2244 Lee, Barbara, Calif., E2243 Smith, Adam, Wash., E2245 Driehaus, Steve, Ohio, E2245 McCarthy, Carolyn, N.Y., E2252 Smith, Christopher H., N.J., E2252 Farr, Sam, Calif., E2237 McClintock, Tom, Calif., E2242 Spratt, John M., Jr., S.C., E2248 Flake, Jeff, Ariz., E2249 McCollum, Betty, Minn., E2244 Wilson, Joe, S.C., E2249 Gerlach, Jim, Pa., E2237 McMorris Rodgers, Cathy, Wash., E2244

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