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

Vol. 155 WASHINGTON, TUESDAY, MARCH 10, 2009 No. 42 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a OMNIBUS APPROPRIATIONS called to order by the Honorable Senator from the State of New Hampshire, Mr. MCCONNELL. Madam President, JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. the bill the Senate will vote on later State of New Hampshire. ROBERT C. BYRD, President pro tempore. today represents a missed opportunity. PRAYER Mrs. SHAHEEN thereupon assumed In the midst of a serious economic The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- downturn, the Senate had a chance to fered the following prayer: pore. show it could impose the same kind of restraint on itself that millions of Let us pray. f Almighty God, eternal and unchange- Americans are being forced to impose able, shine Your light upon our path as RECOGNITION OF THE MAJORITY on themselves at the moment. The bill we work today. Lord, You have led LEADER costs far too much for a government America through troubled times in the that should be watching every dime. If The ACTING PRESIDENT pro tem- past. Be now to our lawmakers a the President is looking for a first bill pore. The majority leader is recog- source of life, light, and wisdom. Give to veto, this is it. nized. them the wisdom to follow Your light The original version of the bill and to trust You, finding their strength f showed no recognition whatsoever of in Your presence. Teach them what the current economic climate. With they should think and do, so they will SCHEDULE the stock market plunging, unemploy- not stumble along the way. Replace Mr. REID. Madam President, fol- ment at a 25-year high, and millions fear with faith in You and one another, lowing leader remarks, the Senate will struggling to pay their mortgages, the as You remove from their lives the resume consideration of H.R. 1105, the bill sent over from the House included things that thwart the doing of Your appropriations bill. The Senate will re- an across-the-board 8-percent increase will. cess from 12:30 until 2:15 to allow for in spending over last year. That is And, Lord, bless today our military the weekly caucus luncheons. All the twice the rate of inflation. men and women in harm’s way. Protect amendments are before the Senate. We Republicans in the Senate tried to them from danger and sustain their have seven of them. It is expected that cut the bill’s cost. Our ideas would loved ones. probably five of them will require have saved billions of taxpayer dollars. We pray in Your holy Name. Amen. votes. So I hope Senators would come Unfortunately, every single effort was f and debate their amendments. We have turned aside. PLEDGE OF ALLEGIANCE a number of Democrats who are want- The senior Senator from Arizona pro- ing to speak in opposition to the posed an amendment that would have The Honorable JEANNE SHAHEEN led amendments. the Pledge of Allegiance, as follows: held spending in the omnibus at last I will be discussing a time to begin year’s level. The senior Senator from I pledge allegiance to the Flag of the voting with the distinguished Repub- United States of America, and to the Repub- Texas offered an amendment that lic for which it stands, one nation under God, lican leader. What we are going to do is would have cut spending on the 122 pro- indivisible, with liberty and justice for all. have stacked votes, and finish the grams that were already funded in the votes once we start them. I hope we f stimulus bill—the so-called double dip- can do that sometime late afternoon. I ping that many of us warned would APPOINTMENT OF ACTING do not think there are any events take place if Congress moved the stim- PRESIDENT PRO TEMPORE going on off the Hill that would pre- ulus before the omnibus. Remarkably, The PRESIDING OFFICER. The vent us from doing that. But I will be even that was too much for some. The clerk will please read a communication working with Senator MCCONNELL to junior Senator from Oklahoma pro- to the Senate from the President pro see what we can do in arranging an ap- posed an amendment that would have tempore (Mr. BYRD). propriate time to start the votes. cut projects that benefited a lobbying The legislative clerk read the fol- f firm under Federal investigation. That lowing letter: too was rejected. U.S. SENATE, RECOGNITION OF THE MINORITY These Republican ideas were sensible, PRESIDENT PRO TEMPORE, LEADER commonsense ways to cut spending. Washington, DC, March 10, 2009. To the Senate: The ACTING PRESIDENT pro tem- Unfortunately, the majority did not Under the provisions of rule I, paragraph 3, pore. The Republican leader is recog- like any of them. This would have been of the Standing Rules of the Senate, I hereby nized. irresponsible in good economic times.

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

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VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.000 S10MRPT1 smartinez on PROD1PC64 with SENATE S2920 CONGRESSIONAL RECORD — SENATE March 10, 2009 At this moment, this total unwilling- not matter what it is, they are oppos- these Government agencies that had ness to cut a single dollar from this bill ing it. And I think that is basically been, over the Bush years, so under- is simply indefensible. what we have here today with Senator funded, underresourced that we had— Just as troubling as the lack of re- MCCONNELL. I mean, I cannot imagine because of the 8 years of neglect—to in- straint is a provision to literally shut how he could stand before this body, crease spending for these Government down the DC Opportunity Scholarship after having talked favorably of this agencies so they can do their job. I met Program which helped 1,700 students in bill in the past—and his statements yesterday with new Secretary of the the District of Columbia attend private have been read in the RECORD on pre- Interior Ken Salazar. He is lamenting schools last year at a fraction of what vious occasions about how much he be- how the parks in our country are in the city spends per pupil on public edu- lieved in this omnibus bill. In fact, he such bad shape, terrible shape. The cation. This program is clearly—clear- said—and I am paraphrasing—that Mall out here, because the Republicans ly—popular among parents, since the there had been input by Democrats and complained about the money for the city receives four applications for Republicans, it had been fully vetted. Mall—there was a major feature on all every available slot. Yet our friends on But suddenly—using the David Brooks public radio stations yesterday about the other side will reject an amend- theory of Government—they are op- the Mall, what terrible shape this Mall ment to preserve it. posed to everything. is in. It is used. It is an American land- On this issue, it is incredibly difficult It is not helping the Republicans mark. But they do not want money to see how the majority can match around this country. You have to be in spent on that. their rhetoric with their actions. It favor of something. And for my friend, When I read David Brooks this morn- should be unthinkable to terminate a the senior Senator from Kentucky, to ing, I thought: Gee whiz, he has an un- program aimed at giving inner-city stand before this body and lament the derstanding of what is wrong with the students the same educational opportu- deficits—‘‘this spending that has to Republican Party. And no one more nities that middle-class or affluent stu- stop’’—where were they during the 8 than a Republican can probably say it dents enjoy. years of the red ink of George Bush? as strongly as he did. David Brooks—I Republicans tried to improve the om- The biggest deficits in the history of have told him how on a number of oc- this country are all held by George nibus with commonsense proposals casions I disagree with his end line, but Bush: the unending spending on the that Americans support. The junior his reasoning is always brilliant, as it Iraq war, not putting that in the budg- Senator from Arizona proposed an was today. et in an effort to hide it from the amendment that would have required f the Secretary of State to certify that American people—how much it cost— none of the funds made available for re- the tax cuts that were never big RESERVATION OF LEADER TIME construction efforts in Gaza are di- enough for the Republicans that ran us The ACTING PRESIDENT pro tem- verted either to Hamas or to entities into this deep hole President Obama pore. Under the previous order, the controlled by Hamas. The junior Sen- has inherited. leadership time is reserved. So everyone should read David ator from South Dakota offered an Brooks. Let’s have the Republicans f amendment that prohibits the use of start being in favor of something. That OMNIBUS APPROPRIATIONS ACT, funds for any effort aimed at reviving would be the right thing to do. 2009 the fairness doctrine, which limited The fairness doctrine. What a ghost The ACTING PRESIDENT pro tem- free speech until its repeal more than that does not exist. None of us wants to pore. Under the previous order, the two decades ago. Unfortunately, the go back to the way it was before. It is Senate will resume consideration of majority said no. an issue they brought up to talk about. H.R. 1105 which the clerk will report by In the midst of an economic crisis, a No one wants to reestablish the fair- title. government has an obligation to show ness doctrine, Democrats or Repub- The legislative clerk read as follows: restraint. But as our friends turned licans. aside every effort to trim back spend- I know the State of Nevada is pride- A bill (H.R. 1105) making omnibus appro- ing on the omnibus bill, it became ful in determining what the education priations for the fiscal year ending Sep- tember 30, 2009, and for other purposes. clear that many in Congress still think standards should be in the State of Ne- Government operates in a different vada. I think we should do more in the Pending: realm of reality than the rest of the State of Nevada. I am not happy about Ensign amendment No. 615, to strike the country. Apparently, they do not think where our educational levels are, the restrictions on the District of Columbia Op- the Federal Government is obligated to spending levels in the State of Nevada. portunity Scholarship Program. make any of the tough decisions that Kyl amendment No. 629, to provide that no But Nevada determines that, and that funds may be used to resettle Palestinians millions of American families are mak- is the way it is around the other 49 from Gaza into the United States. ing every single day. States, that it is a prerogative Gov- Bunning amendment No. 665, to require the Spending and borrowing at this diz- ernors have protected for many genera- Secretary of State to issue a report on in- zying rate is simply unacceptable. We tions—that the Federal Government vestments by foreign companies in the en- need to be thinking about the long- should stay out of local education. But ergy sector of Iran. term sustainability of our economy when it comes to the District of Co- Sessions amendment No. 604, to extend the and creating jobs and opportunity for lumbia, they do not count, I guess. So pilot program for employment eligibility future generations. We should have confirmation established in title IV of the Il- how would the rest of the States feel if legal Immigration Reform and Immigrant started on this bill by insisting that it we suddenly determined what was Responsibility Act of 1996 for 6 years. include some of the hard choices on going to happen in those States as it The ACTING PRESIDENT pro tem- spending that Americans themselves related to vouchers, school choice, pore. The Senator from Texas is recog- are making every single day. charter schools? I yield the floor. So I hope we can get these amend- nized. The ACTING PRESIDENT pro tem- ments out of the way and pass this leg- AMENDMENT NO. 673 pore. The majority leader is recog- islation and go on to other things. I am Mr. CORNYN. Madam President, I nized. sorry I had to file cloture on three ask unanimous consent to set aside f nominations. I hope we do not have to any pending amendment and call up take those votes because it goes in op- Cornyn amendment No. 673 and ask for OMNIBUS APPROPRIATIONS position to what the Republicans al- its immediate consideration. Mr. REID. Madam President, I direct ways told us: What right does the party The ACTING PRESIDENT pro tem- everyone’s attention to today’s column in the minority have to hold up Presi- pore. Without objection, it is so or- in the New York Times written by dential nominations or judges? We are dered. David Brooks. David Brooks is a Re- finding that is happening. I hope we The clerk will report. publican columnist, conservative, but can work our way through that. The legislative clerk read as follows: basically he is saying that the Repub- This legislation is important. It is The Senator from Texas [Mr. CORNYN] pro- licans are opposing everything. It does important because it takes care of poses an amendment numbered 673.

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.001 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2921 Mr. CORNYN. I ask unanimous con- basis. Without this amendment, it is ago, create dangerous incentives to sent that the reading of the amend- likely that plaintiffs’ lawyers will de- corruption. I ask my colleagues to sup- ment be dispensed with. velop class action lawsuits, then go to port amendment No. 673. The ACTING PRESIDENT pro tem- their State attorney general proposing AMENDMENT NO. 674 pore. Without objection, it is so or- to pursue these cases on a contingency Madam President, I have another dered. fee basis, perhaps reaping millions of amendment, Cornyn amendment No. The amendment is as follows: dollars in attorneys’ fees awards. 674, so I now ask unanimous consent to My colleagues have expressed con- (Purpose: To prevent collection of excessive set aside temporarily my previous contingency legal fees by lawyers hired to cerns the bill would increase the num- amendment and ask for the immediate protect the public interest) ber of authorized enforcers from 1 to 51. consideration of amendment No. 674. On page 366, line 24, strike ‘‘rule.’’ and in- I would submit that unless this amend- The ACTING PRESIDENT pro tem- sert the following: ‘‘rule, provided that an ment is adopted, we are effectively in- pore. Is there objection? attorney general of a State may not enter creasing the number of authorized en- into a contingency fee agreement for legal or forcers of this legislation from 1 to Without objection, it is so ordered. expert witness services relating to a civil ac- 5,100 or more. The clerk will report. tion under this section. For purposes of this The legislative clerk read as follows: paragraph, the term ’contingency fee agree- Hiring outside counsel on a contin- ment’ means a contract or other agreement gency fee basis, unfortunately, as we The Senator from Texas [Mr. CORNYN] pro- to provide services under which the amount have learned through hard experience, poses an amendment numbered 674. or the payment of the fee for the services is can lead to other problems, including Mr. CORNYN. I ask unanimous con- contingent in whole or in part on the out- the appearance of corruption or out- sent that the reading of the amend- come of the matter for which the services right corruption. For example, my ment be dispensed with. were obtained.’’. predecessor in office, the Texas attor- The ACTING PRESIDENT pro tem- Mr. CORNYN. Madam President, I ney general, entered into contingency pore. Without objection, it is so or- rise to offer an amendment 673 to the fee agreements with outside lawyers in dered. Omnibus appropriations bill. As a the tobacco litigation, which was then The amendment is as follows: former State attorney general, I am being pursued across the country. very concerned that the current bill (Purpose: To prohibit the use of funds to im- These lawyers ended up making rough- plement an Executive Order relating to lets State attorneys general outsource ly $3 billion in attorneys fees through employee notice of rights under Federal their responsibilities on behalf of their contingency fee provisions that my labor laws) citizens to enforce the Truth in Lend- predecessor in office entered into. Un- At the appropriate place in title I of divi- ing Act. This is a very important piece fortunately, my predecessor also fal- sion F, insert the following: of legislation that was passed in 1968 to sified records in an attempt to funnel SEC. ll. No funds made available under protect consumers in credit trans- some of that money to a friend, and he this Act shall be used to implement the Ex- actions by requiring clear disclosure of paid the price. He went to the Federal ecutive Order dated January 30, 2009, entitled key terms of the lending agreement at penitentiary. ‘‘Notification of Employee Rights Under all costs. As I said, this is an important This is not just a problem in my Federal Labor Laws’’ to the extent that the piece of legislation. However, the cur- State; this is a national problem as implementation of such order is in conflict rent provision in the bill allows the at- with Executive Order 13201, dated February well. Last year, the Wall Street Jour- 17, 2001. torney general, the elected representa- nal reported and editorialized about tive of the people—the people’s law- the appearance of corruption in Mis- Mr. CORNYN. Madam President, my yer—to basically hire trial lawyers on sissippi, where the State attorney gen- second and final amendment to this a contingency fee arrangement. Thus, eral had retained as many as 27 law Omnibus appropriations bill would help the litigation that might follow under firms as outside counsel to pursue at protect workers’ paychecks and in- this piece of legislation would benefit least 20 different State lawsuits over a crease transparency, something we all not just the citizens, not just the pub- 5-year period. In 2007 alone, the attor- heard our new President speak about lic, not just the taxpayers but trial ney general received almost $800,000 in just a few short weeks ago—I believe lawyers too. I don’t believe that should political contributions from those about 50 days ago now—when he said he be the intent of Congress. same lawyers and law firms and, thus, believed increased transparency would Specifically, this amendment clari- the appearance of conflict of interest, increase accountability and help re- fies that State attorneys general may if not an outright conflict, was created. store the public’s confidence in their not outsource these lawsuits to outside This kind of conflict of interest has Government. This amendment is of- lawyers or expert witnesses on a con- no place in the attorney general’s job, fered in that vein. tingency fee basis. As we all know, con- which is to protect the legal interests The U.S. Supreme Court, in Commu- tingency fee means you get a piece of of the people of his or her State. nication Workers v. Beck, said workers the pie if you win. This would not pro- Amendment No. 673 would ensure that could not be forced to pay dues for pur- hibit attorneys general from hiring State attorneys general either do the poses other than collective bargaining. lawyers on a more reasonable basis, work themselves in enforcing this law That means workers have the right to such as a set fee or an hourly rate, but or hire an outside lawyer at a reason- keep more of their money rather than the new causes of action created by able, competitive hourly rate or flat support political action committees, this bill could add up to significant rate; no windfall attorneys’ fees for lobbying and gifts, things they may money damages, and this money, as I hitting the long ball over the fence. not even agree with. indicated, should be paid to the people, When Federal agencies bring suits to We know every dollar counts in this not to private lawyers. enforce the Truth in Lending Act, they economy, and many workers object to Both Democrats and Republicans are barred from hiring outside counsel scenes such as the one we saw last have expressed some concerns about on a contingency fee basis. All I am week in Miami. There, the AFL–CIO the enforcement of this Truth in Lend- suggesting is that this same rule held a meeting at the Fontainebleau ing Act by State attorneys general. should apply to the State attorneys Resort, which describes itself as ‘‘the Senator DODD, the distinguished Sen- general who are now authorized enforc- epicenter of style, fame, and glamour.’’ ator from Connecticut, said that ‘‘giv- ers under the law. Particularly at this Now, if workers don’t want to support ing such broad authority to State at- time in our Nation’s economic history, that kind of extravagance based on torneys general would be a departure it should hardly be one of Congress’s their union dues, they shouldn’t have from the current regulatory regime,’’ priorities to increase the number of to. And, frankly, who can blame them? and he is right. lawsuits. We cannot sue our way to re- The Bush administration issued an This amendment prevents the au- covery. Unless amendment 673 is adopt- Executive order that required employ- thority to enforce the Truth in Lend- ed, the bill would give trial lawyers a ers to post signs at the workplace that ing Act from being further disbursed by share of the public’s money and will informed workers of these rights re- State attorneys general delegating it disrupt the Federal credit regulatory garding union dues. These notices are to trial lawyers on a contingency fee regime and, as I indicated a moment similar to those that inform workers of

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.003 S10MRPT1 smartinez on PROD1PC64 with SENATE S2922 CONGRESSIONAL RECORD — SENATE March 10, 2009 their rights regarding family and med- The ACTING PRESIDENT pro tem- agree that it worked very well for them ical leave, workplace safety, equal em- pore. The clerk will call the roll. as well. ployment opportunity, and other rights The legislative clerk proceeded to Another point I wish to address in they have under the law. call the roll. the Cornyn amendment is the under- Now, this chart shows what the no- Mr. PRYOR. Madam President, I ask lying premise of this amendment. My tice says. It says: unanimous consent that the order for understanding is it is based on some Under Federal law, employees cannot be the quorum call be rescinded. language dealing with the Federal required to join a union or maintain mem- The ACTING PRESIDENT pro tem- Trade Commission in the omnibus bill bership in a union in order to retain their pore. Without objection, it is so or- we are discussing today and will vote jobs. Under certain conditions, the law per- dered. on later today. We have to recognize mits a union and an employer to enter into AMENDMENT NO. 673 a union security agreement requiring em- that the Federal Government does not ployees to pay uniform periodic dues and ini- Mr. PRYOR. Madam President, I rise always have the manpower or the at- tiation fees. However, employees who are not today to speak against an amendment tention span or the ability, for one rea- union members can object to the use of their filed by Senator CORNYN of Texas. The son or another, to go after some bad payments for certain purposes and can only amendment deals with the ability of actors out there. The States do not al- be required to pay their share of union costs State attorneys general to hire outside ways have that manpower, attention relating to collective bargaining, contract counsel for various lawsuits they may span, or ability either, but the fact administration, and grievance adjustment. be pursuing. I wish to talk about that that the States can help augment and It goes on to say: amendment for a few minutes and tell supplement the enforcement of the If you do not want to pay that portion of my colleagues how that works in the Federal Trade Commission and other dues or fees used to support activities not re- real world. Federal agencies can be very good for lated to collective bargaining, contract ad- One of the things we did when I was ministration, or grievance adjustment, you the people of this country. are entitled to an appropriate reduction in in the State attorney general’s office is Again, we need to allow the States your payment. we looked at several cases on which we the flexibility to be on the team. They Meaning your payment of your union considered hiring outside counsel be- need to be on the team because these dues. cause the State did not have the re- folks—again, most of them—are elect- If you believe that you have been required sources to front the costs of the litiga- ed by their people. Most of them have to pay dues or fees used in part to support tion. We ended up not retaining any some sort of consumer protection func- activities not related to collective bar- outside counsel. We did not pursue tion or some sort of public safety func- gaining, contract administration, or griev- those matters. Nonetheless, the fact tion. Most of them have an office that ance adjustment, you may be entitled to a that we had the ability to look at that is ready, willing, and able to make sure refund and to appropriate reduction in future option is very important for States. It their State’s citizenry is protected and payments. For further information con- is also very important for State sov- taken care of sometimes when the Fed- cerning your rights, you may wish to contact ereignty. In fact, I am not convinced— the National Labor Relations Board, either eral Government cannot do it or is not at one of its regional offices or at the fol- I have to look at the U.S. Constitu- able to do it or is not willing to do it. lowing address. tion—I am not convinced that the U.S. The State AG enforcement can be a The Supreme Court has said when a Congress can limit a State’s ability to very important part of that protection. worker pays their dues, they cannot be file a lawsuit. My sense is that the With regard to the narrow issue of forced to financially support things States have that authority. They can whether States can hire outside coun- they don’t agree with, whether it is ex- do what they want to do. They are sov- sel, let me speak about that point for a travagant spending at the Fontaine- ereign. My guess is that this amend- moment. bleau Resort or perhaps even a polit- ment may be unconstitutional. I have When I was elected to the State at- ical speech where a union might use not yet done a thorough analysis of it, torney general’s office in Arkansas in those dues to help finance a campaign but that is my suspicion. 1998—we all remember the tobacco against a political candidate or perhaps I say this too. One of the points my case, the big, mammoth tobacco case. I an incumbent. colleagues need to remember about the was elected and within weeks it set- President Obama, unfortunately, has State AGs is that most of them—I tled. By the time I became attorney signed an Executive order that, among think over 42, 43, 44 State attorneys general, sworn into office, the case was other things, rescinds the requirement general are just like us: they are elect- over. It was done, and we were in the to inform workers of their rights re- ed by the people. There are a few ap- enforcement phase. The case itself was garding union dues. This Executive pointed one way or another—by a su- behind us. order, contrary to what we heard a few preme court, a legislature, a Governor. One of the first things I had to do— short weeks ago, actually reduces That happens State to State, but the this literally happened on the first day transparency in the workplace, and it vast majority of them are elected just I was in office—is I had to undo an out- places unnecessary limits on the infor- as we are. They have accountability. side counsel agreement my predecessor mation available to help workers make They are responsible to the people who had entered into. Here, again, not only informed decisions about their union elected them. There is that check and have I never entered into an outside dues. balance that already exists. I am not counsel agreement as an attorney gen- Amendment No. 674 would prohibit sure about other States because I don’t eral, but I undid one my predecessor Federal funds from being used to im- know how their outside counsel stat- tried to enter into. That puts me in a plement that part of President utes work, but in our State, in order different position than most people be- Obama’s Executive order related to for us to hire outside counsel, we have cause I had been around this issue a lot this notice to workers. It would have to go to the legislature and get their during my years in the attorney gen- no other effect on the Executive order, approval, and we also have to get the eral’s office. other than to reinstate this notice to Governor to sign off on it. Again, The other point we need to keep in workers that you don’t have to join a States are going to be different on mind about the tobacco case—and this union; and, No. 2, if you do not join a point. is just true for how State AGs work— union, you cannot be forced to finance Again, in Arkansas, we have another one of the reasons, and I would say the points of view or activities you dis- check and balance beyond just that the primary reason, that the States agree with, and you can assure that State attorney general is elected and is brought that case in the first place is your money can only be used for legiti- accountable to the people. There is also because Washington failed to act. mate collective bargaining contract a check and balance between the State Washington failed to act. We may re- administration and grievance adjust- attorney general’s office and the legis- member those days in the nineties. ment. lature and the Governor. Everyone has President Clinton wanted to do some- I urge my colleagues to support an interest to make sure this is done thing with the tobacco companies. He amendment No. 674. right and done well. It works very well wanted to have a global settlement of I yield the floor and suggest the ab- in our State. If we had a lot of State these claims. I was not around then. A sence of a quorum. attorneys general here, they would lot of my colleagues were around then

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.005 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2923 and remember the details of those dis- under the law whereby Members of pilot. This will finally lead to a vote. cussions and the bill that came Congress get automatic pay increases But as soon as that vote was scheduled, through. It got bogged down in the annually without any open debate and a sort of funny thing happened. The Congress. In fact, I remember listening without any open, clear rollcall vote. next day the majority leader intro- to the news media saying it came like Madam President, I have to say, duced his own bill, coauthored by the a Christmas tree—everybody was add- Americans—certainly Louisianans in entire Democratic leadership, which ing an ornament as it went through the my State—are frustrated about a lot would do the same thing. Now, if I process. It never passed. It got bur- that is going on in Washington and in thought I had gained that many enthu- dened down, and it never passed and Congress. They are frustrated about siastic converts to the cause, I would never got to the President’s desk for the direction of the country, about be excited. But even though I was born his signature. So when Congress did runaway spending, about bailouts, but at night, I wasn’t born last night. I not act, the States did. they are also frustrated with how we in know—and every observer to the proc- We have seen that in other context as Congress often seem to do our business. ess knows—something else is going on. well. When there is a void, when there They are not frustrated so much with The something else is simple: The ma- is a vacuum and the Federal Govern- disagreement. People can have legiti- jority leader filed his own bill regard- ment is not out there trying to take mate disagreements, vast differences in ing automatic pay raises simply to be care of an issue, whatever it may be, points of view and philosophy and ap- able to point to it and say: I am offer- oftentimes the States want action. It proaches to issues. What they are most ing this bill, we can push this forward could be the Governors, it could be the frustrated about is pure partisanship through this vehicle, and therefore you State AGs, it could be the State legis- for partisanship’s sake, political must vote against the Vitter amend- latures, but—what is the old saying games, and a cynical approach to doing ment to the omnibus spending bill. about power abhors a vacuum? That is what should be the people’s business in Again, I think the American people what happens in this country. Again, the Halls of Congress. are going to be frustrated by the ma- we need to keep the States’ flexibility Unfortunately, a lot of voters and neuvering and the cynical political in bringing lawsuits if they need to do citizens in Louisiana and across the games. I think they want a full, that. country are going to view some of the straightforward open debate. I think The other point we need to keep in maneuvering and some of the political they want to hear where people are mind is that a lot of today’s litigation, strategizing over attempts to defeat coming from. If folks support this idea a lot of the litigation the States are ei- my amendment in that light, and they of changing and doing away with auto- ther involved in or are looking at is are certainly going to consider it more matic pay raises—pay raises on auto- very complex and very expensive. I per- of the same. What am I talking about? pilot and no debate, no votes, they just sonally believe that an outside counsel Well, we have a big omnibus spending happen every year—then I think they contract can make a lot of sense. bill on the floor of the Senate, and last are going to want to see those Members Again, we looked at these contracts week the majority leader took great vote for the Vitter amendment on the when I was in the attorney general’s pains to say—including from his spot floor of this body today. office. We never did one, but we looked on the floor several times—we are Quite frankly, I think it is a cynical at them very closely because there are going to have an open amendment maneuver to point to a bill that will cases where it is very complex, it is process; that the floor is open for busi- never pass, that is controlled by indi- very expensive, and you can structure ness, it is open for amendments. He in- viduals who don’t want the measure to an agreement with an outside counsel. vited Members to come on down. We pass, in order to defeat an amendment It is not a get-rich-quick scheme by the will consider them. We are moving for- that can pass and that can be the vehi- outside lawyers, by the plaintiffs’ at- ward and taking care of amendments, cle for this important change and re- torneys, but it really is good for public having votes, and getting back to the form. So I would encourage all Mem- policy, and if it is done right and done proper procedure of the Senate. bers to support the Vitter amendment, well, the public interest is very much I was excited to hear that because I to support the idea in the form in served. had an amendment I very much wanted which it can actually be passed into I think we should look at the Cornyn to call up for debate and a vote. The law. amendment. With all due respect to my problem is, when I tried to do that, This is a must-pass bill. This is an colleague and friend from Texas, I both through staff and individually, we appropriations bill—something to fund think we should vote against the were blocked every step of the way. At this part of the Government. Some- Cornyn amendment. We should not every turn, my amendment would thing has to pass within the next sev- limit the States’ ability to hire outside never be put in order. It was never al- eral days. In this bill—in the original counsel if they feel they need to. Let lowed to be called up, and I was never version of this bill—the pay raise issue the States make that decision. As I allowed to get that vote on this pay is already there. It is a perfectly ger- mentioned before, constitutionally, I raise amendment. mane and natural amendment to the am not sure we have the authority to Thursday night, that changed, and it bill and agrees with my provision to do limit the States anyway. changed for one simple reason: The ma- away with automatic pay raises. Noth- In the end, the interest of our people jority leader needed to cancel a vote. ing could be more natural than to de- back home would be disserved if we He needed 60 votes for cloture. He bate the issue on this bill, to offer this adopted this amendment because what didn’t have the votes, as he explained amendment on this bill, and it is the we would do would be to take some of from his podium. To cancel that vote, legitimate and appropriate and effec- the authority, some of the ability away under the rules of the Senate, he need- tive way if we actually do want to pass from the State to protect its citizenry. ed unanimous consent—the consent of this into law. As this amendment is voted on—appar- each and every Member of this body. The way to never pass it into law is ently later this afternoon; I don’t know Well, I took the opportunity—after a to have a stand-alone straw man; to exactly when it will be voted on—as it week of being frustrated and blocked point to a separate bill that will never is voted on, I strongly urge my col- and hemmed in at every turn from get- be passed, certainly in the House. leagues to vote no on the Cornyn ting a vote on my amendment—to say Now, I expect what will happen is, amendment. very simply, in a straightforward way: the majority leader will not only point I yield the floor. I will be happy to grant that unani- to this stand-alone bill, but he will ac- The ACTING PRESIDENT pro tem- mous consent request with regard to tually ask unanimous consent that it pore. The Senator from Louisiana. my role in this if—if and only if—I will be passed through the Senate and sent Mr. VITTER. Madam President, I finally be guaranteed a vote on my down the road to the House in the proc- take the floor to give a little back- amendment. The majority leader had ess. Well, that would be very promising ground, important background on the to agree, and he did agree. if there was any hope whatsoever that amendment I will call up later today. So here we are today, the following the Speaker of the House and the That Vitter amendment would do away week, debating the Vitter pay raise House leadership would take up the with the system that is now in place amendment to stop pay raises on auto- matter and put it on the House floor.

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.006 S10MRPT1 smartinez on PROD1PC64 with SENATE S2924 CONGRESSIONAL RECORD — SENATE March 10, 2009 So I would ask the majority leader and er’s documents. Unfortunately, coun- for the jobs are here legally and are the Speaker of the House if they have terfeit documents and stolen identities registered with our Social Security had those discussions. Is there a com- have made a mockery of this law. But system in a legal way. mitment to putting any stand-alone with the E-Verify Program, employers I urge my colleagues, then, to sup- bill passed through the Senate on the can electronically verify a new hire’s port the Sessions amendment. Of House floor for a vote in the very near employment authorization through the course I appreciate very much the lead- future? Social Security Administration and, if ership of Senator SESSIONS in this E- If there is that commitment, I would necessary, follow it up with the De- Verify Program extension for 5 years, love to hear that expressed publicly, partment of Homeland Security data- which is what the amendment calls for. clearly, and in a straightforward way, bases. I yield the floor and I don’t see any- and then that would rebut my argu- E-Verify has been an extremely suc- body yet ready to speak so I suggest ment that this is all a cynical, political cessful program for employers who are the absence of a quorum. game. I am afraid we are not going to seeking to comply with the law. The The PRESIDING OFFICER (Mrs. hear those assurances. We are not program is voluntary and free for all GILLIBRAND). The clerk will call the going to hear that public commitment employers. Right now, over 100,000 em- roll. because I am afraid what is swirling ployers have signed up for the program, The assistant legislative clerk pro- around my amendment is a cynical po- and, in addition, each week more than ceeded to call the roll. litical game. Let us treat the people’s 2,000 employers sign up. E-Verify has a Mr. GRASSLEY. Madam President, I business the way it should be treated. proven track record—more than 5 mil- ask unanimous consent the order for Let us come to the floor, let us express lion queries by employers were made the quorum call be rescinded. our opinions. If we have legitimate dif- last year and, of those, 96.1 percent The PRESIDING OFFICER. Without ferences of opinion, let us express them were verified automatically. objection, it is so ordered. and let us debate them. But let us do it The small percentage of applicants AMENDMENT NO. 621 in that straightforward way and then who receive a tentative nonconfirma- Mr. GRASSLEY. Madam President, let us have a vote on the Vitter amend- tion must sort out their records with for Senator VITTER, I ask his amend- ment—the amendment that would do the Social Security Administration. I ment be called up. It is amendment No. away with automatic pay raises— would think if the Social Security Ad- 621. which is the true effective way to pass ministration has bad information The PRESIDING OFFICER. Is there this reform into law on a must-pass ap- about you, you would want to clear objection? propriations bill. that up for sure anyway. Many times Without objection, it is so ordered. I urge all my colleagues to come to this is a simple misunderstanding with The clerk will report. the floor in that spirit. I urge all my the Social Security Administration or The assistant legislative clerk read colleagues to express themselves and a case in which records were not up- as follows: wherever they are coming from in that dated. In the event a person receives a The Senator from Iowa (Mr. GRASSLEY), for straightforward way, in that straight- tentative nonconfirmation after his Mr. VITTER, for himself, Mr. FEINGOLD, Mr. forward spirit and not to drop in stand- employment application, that person GRASSLEY, and Mr. ENSIGN, proposes an alone bills the day after I was finally can still continue to work and cannot amendment numbered 621. able to secure a vote on this matter, be fired. Mr. GRASSLEY. I ask unanimous particularly when this proposal— The Sessions amendment would ex- consent the reading of the amendment thanks to my good friend, Senator tend the E-Verify Program for 5 more be dispensed with. RUSS FEINGOLD—has been around at years. Now, frankly, I would like to see The PRESIDING OFFICER. Without least since the year 2000, 9 years. Nei- more reforms to the E-Verify Program. objection, it is so ordered. ther the majority leader nor any of his For example, I would like to make E- The amendment is as follows: Democratic leadership who are cospon- Verify mandatory for all businesses. I (Purpose: To repeal the provision of law that sors to his brand new bill have ever would like employers to check all their provides automatic pay adjustments for reached out to Senator FEINGOLD to ex- employees through E-Verify, not just Members of Congress) press support and join him in sup- new hires. I would also like to see the At the appropriate place, insert the fol- porting his bill, which, as I say, has program made a permanent provision lowing: been around since the year 2000. in our immigration laws. But for now, SEC. lll. ELIMINATION OF AUTOMATIC PAY I am now happy to yield to the dis- I am happy to support this first baby ADJUSTMENTS FOR MEMBERS OF CONGRESS. tinguished Senator from Iowa. step in extending E-Verify for 5 years. (a) IN GENERAL.—Paragraph (2) of section The ACTING PRESIDENT pro tem- There is a bottom line to everything 601(a) of the Legislative Reorganization Act pore. The Senator from Iowa. we do around here, and the bottom line of 1946 (2 U.S.C. 31) is repealed. AMENDMENT NO. 604 is that this amendment is a jobs (b) TECHNICAL AND CONFORMING AMEND- Mr. GRASSLEY. Madam President, I amendment. Our economy is on the MENTS.—Section 601(a)(1) of such Act is rise to speak on another amendment. I skids. Americans are losing their jobs. amended— spoke on Senator VITTER’s amendment The E-Verify Program will help stimu- (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; yesterday, and I spoke in support of it. late the economy by preserving jobs for (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respec- I will now speak on the Sessions a legal workforce. It will help root out tively; and amendment. illegal workers who are taking jobs (3) by striking ‘‘as adjusted by paragraph I rise in support of the Sessions from Americans. We need the E-Verify (2) of this subsection’’ and inserting ‘‘ad- amendment to extend the E-Verify Program to encourage employers to justed as provided by law’’. Program for a period of 5 years. The E- use the system to prevent them from (c) EFFECTIVE DATE.—This section shall Verify Program is an effective Web- hiring foreign labor that has come here take effect on December 31, 2010. based tool that provides employers illegally. Mr. GRASSLEY. Madam President, I with a process for the purpose of I wish to make clear this has nothing suggest the absence of a quorum. verifying the Social Security numbers to do with whether we have people The PRESIDING OFFICER. The and, at the same time, for the main coming to this country. It has nothing clerk will call the roll. purpose of determining the legal status to do with whether we have people The assistant legislative clerk pro- of newly hired employees. coming to this country to work. It only ceeded to call the roll. As my colleagues know, it is unlaw- has to do with laws being followed—fol- Mr. GREGG. Madam President, I ask ful for employers to knowingly hire or lowing the rule of law—to make sure unanimous consent the order for the employ aliens not eligible to work in people are working here legally and are quorum call be rescinded. the United States. Under current law, conforming with our laws. That is all The PRESIDING OFFICER. Without if the documents provided by an em- this is about, and E-Verify is a proc- objection, it is so ordered. ployee reasonably appear on their face ess—not mandatory, but a process to Mr. GREGG. Madam President, I rise to be genuine, then the employer has help people who are employers to today to speak a little bit about where met the obligation to review the work- verify whether the people who apply we are in our economic situation in

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.007 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2925 this country and specifically as it is af- tion to this budget they have sent up. society or country where your GDP-to- fected by the President’s budget as he It is as if they have a ying and yang debt ratio is up around 70 percent. You has brought it forward. I want to begin personality down there at the White cannot sustain that. Yet this budget by acknowledging my respect and ap- House because they sent us up a whole presumes we are going to have a debt- preciation for what this administration group of ideas in the area of stabilizing to-GDP ratio of the banana republic has tried to do in the area of stabi- the financial industries and trying to type as far as the eye can see. lizing the financial industry of this get the economy going with their stim- And the deficit? It is claimed that it country. They, in conjunction with the ulus package, the purpose of which is is cut in half. Well, if you increase the Chairman of the Federal Reserve, to lift the economy using the Federal deficit four times, and then you cut it Treasury Secretary Geithner, and Government. in half, you do not gain very much. Larry Summers, the Special Adviser to Then they sent us up a budget which That is like taking four steps backward the President, along, obviously, with essentially creates a massive expansion and only two steps forward. The prac- the input of Chairman Volcker, have in spending, a massive expansion in tical effect of that is that we still end put together a very comprehensive ef- taxation, a massive expansion in bor- up with a deficit 4 or 5 years out, well fort to try to use the strengths of the rowing, not only in the short run when after we are past this recessionary pe- Federal Reserve and the Federal Gov- you might be able to justify more riod, hopefully. I am sure we will be ernment to basically inject liquidity spending, when you can justify more past it by then because we are a resil- into the system and put stability into spending and borrowing, but as far as ient nation. A deficit which is still way the financial system of the country. the eye can see with the practical ef- above the historical norm for this There has been a tremendous amount fect of having a dampening effect, country, a $712 billion deficit is pro- of commentary on this and much of it throwing a wet blanket on top of this jected by the year 2019 under this budg- has reflected a lack of confidence in country’s productivity capabilities and et, 3 to 4 percent of GDP. That is not the initiatives that have been brought this country’s ability to be moving for- sustainable. What is the practical ef- forward by this administration be- ward as an entrepreneurial society. fect of this? cause, in many instances, they have Look at the budget in specifics. The Well, the practical effect is that we not been as specific as they might have budget, in the short run, spikes the def- give our kids a country they cannot af- been. But the general thrust of what icit dramatically. I am not going to ford. We put on them a debt burden the administration has done in this argue with that. That may be nec- which basically stymies their ability to area has been positive and I believe we essary—maybe not at the levels they succeed and prosper. are starting to see it work. The initial are doing it, but it may be necessary. In addition to this, you have got to look at the policies underlying this TARP dollars, which were put in by the It is necessary in order to put liquidity budget. What are the policies that are prior administration, did stabilize the into the market, put liquidity into the driving this massive expansion of Gov- banking industry during a critical American economy. time. That has been followed on with But then it continues to expand the ernment in this massive expansion of additional TARP dollars from this ad- size of Government; 28 percent of GDP debt? Well, they are basically policies ministration, followed on by the initia- will be the size of the Government this which say, we are going to take the tives from the Fed in the area of year. That is massive compared to our Government and we are going to ex- plode its role relative to the private TALF, which basically is potentially historical size of the Government as sector activities. over $1 trillion of support for new loans part of the GDP. That has got to come There is a proposal in this budget, as in the area of consumer credit and down. It does come down, but it does I mentioned earlier, to nationalize the maybe commercial real estate; trying not come down all that much. By the student loan program. That is cer- to do something in the mortgage area— fifth, sixth, seventh year, we still have tainly an unnecessary act. We had a initiatives have begun there using the Government spending that is 22, 23 per- very vibrant private sector student FDIC and also the Treasury and the cent of GDP. We have a deficit in the loan program and a vibrant public sec- Fed again; in the area of basically un- fifth year that is 3 to 4 percent of GDP. tor student loan program. There is no The debt of the Federal Government, derwriting the stability of major bank- reason we cannot have both. That is no ing systems in the country, significant the public debt, is doubled in 5 years longer acceptable. We are going to na- efforts have been made; and we are now under this budget. It is tripled in 10 tionalize the student loan program. hearing there is going to be an addi- years under this budget. Taxes are in- There is a $636 billion place holder in tional effort made to take toxic loans creased by $1.4 trillion under this budg- this budget for the expansion of health off the balance sheets of the banks et, $1.4 trillion. What are those taxes care. They say it is a downpayment. using the leverage from the private used for? Not to reduce the deficit but Well, if it is a downpayment, we are sector. to expand the size of the Government talking about health care expenditures All this has been, in my opinion, the even further. exceeding $1 trillion under this budget, right way to go. I didn’t support the Health care is essentially put on a growth in health care costs. Well, stimulus package because I thought it track toward nationalization. Edu- health care already absorbs 17 percent was unfocused and I did not think the cational loans are nationalized. Discre- of the gross national product. That is dollars were used as effectively as they tionary spending goes up by almost about 5 percent higher than any other might. I wanted to see the dollars in three-quarters of a trillion dollars. And industrialized nation. It is not that we the real estate area. But as a very there is absolutely no restraint in any do not put enough money in our health practical statement, on balance the ef- accounts of any significance on the care system, it is that we do not use it forts of this administration to try to spending side of the ledger in this very well. And to increase the dollars stabilize the financial industry, be- budget. So that by the time we get to going into health care by those num- cause stabilizing the financial industry the fourth and fifth year of this budget, bers means what you are proposing is is critical to getting the economy rather than seeing the numbers come essentially for the Government to take going, have been positive in my opin- down to something that is manageable over the entire health care system at ion. There is still a long way to go and for our society, rather than seeing the some point in the future—another there are more specifics that need to debt-to-GDP ratio come down to what great expansion in the size of Govern- come and I guess more of that is going might be a manageable number, it re- ment. to come this week. mains at a very high level, 67 percent. Then you have got this expansion on But that initiative to try to get this Historically, debt to GDP in this the discretionary side of the account. economy going and try to address the country has been about 40 percent. Every discretionary program expand- issue of people’s concerns about their Those are numbers. What do they ing, except for defense, where they play jobs and the value of their homes and mean? Well, essentially, instead of hav- a gimmick for the purposes of claiming their ability to live their lives in a con- ing a traditionally strong industri- budgetary savings that do not even structive way in the face of severe fi- alized society, where your debt is man- exist on spending that will not occur. nancial distress which is being caused ageable at 40 percent of your GDP, you So the goal of this budget is not to by this recession, stands in juxtaposi- are heading toward a banana republic contain or to slow the rate of growth of

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.010 S10MRPT1 smartinez on PROD1PC64 with SENATE S2926 CONGRESSIONAL RECORD — SENATE March 10, 2009 Government in the outyears after we Government or to reduce its size by re- omy using the liquidity of the Federal are past this recession, it is rather to ducing the deficit. A large percentage Government in a lot of different areas explode the size of Government as we of these tax revenues are going to be but primarily focused on getting sta- move out of this recession, and put in added to various initiatives around bility back into our financial system place a government that continues to here which are the projects of Mem- and helping people who have mortgages grow at a rate which the economy can- bers—worthwhile, I am sure. that they cannot pay. not afford and which obviously our But it is pretty hard to justify hit- But, on the other side, you have this children cannot afford. ting Americans with a brandnew na- budget sent up here which is a clear How is this paid for, this dramatic tional sales tax on their energy bills and present attack essentially on the expansion of Government? Well, most for the purposes of expanding this Gov- productive side of our ledger as a na- of it is borrowed, borrowed money. But ernment, which is already too large to tion, while it expands radically the size some of it comes out of taxes. There begin with. And, remember, none of of Government. So you can understand are major new taxes proposed. We have this expansion in the Government why the stock market and others are all heard about the taxes on the taxes takes into account the huge costs saying, whoa, what is happening here? wealthy. Let me point out that essen- which we have coming at us which we Who am I to believe, the part of the ad- tially what is being proposed here is do not know how we are going to han- ministration which says we are going that if you make more than $250,000, dle. Those are the costs of the retire- to try to get this economy going or the your income is going to be national- ment of the baby boom generation, for part of this administration that says, ized. Well, there are a lot of wealthy as this baby boom generation con- once we get it going, we are going to people who make more than $250,000, tinues to retire—it has begun retiring stuff it down with a major new tax bur- but there are also a lot of small busi- now—it is going to generate massive den and a dramatic expansion in Gov- nesses in this country that make costs on our Government. ernment? $250,000. We know we have $60 trillion of un- So much more could have been ac- That is where jobs come from in this funded liability to pay for Medicare, complished in this budget than what country—the person running the local Social Security, and Medicaid for the has been proposed. If it had come for- restaurant, the person running the baby boom generation as it retires. ward with any reasonable ideas in the local garage, the person who started a And why is that? Why are there all of area of disciplining and managing the software company, the person who has those trillions of dollars? Why is all of entitlement accounts, there would initiated a new product, a new catalog that money out there and obligated? have been strong bipartisan support for product, maybe, selling something. All Because we have created a massive that. But none were put on the table. of these are small businesses, and they cost, and we have the largest genera- The opportunity to move forward in are across this Nation, and they are tion in America retiring that is going the area of Social Security was not what create jobs. When you say to to push that cost onto our children. We taken. The opportunity to do some- those folks, well, we are going to tax go from 35 million retired people to 70 thing significant in the area of Medi- away whatever you make above a cer- million retired people, and most of that care was certainly not taken in this tain amount, $250,000, you are saying to is going to occur by the end of this ad- budget, and the practical effect of that them they do not have the assets to re- ministration’s term in office should the is, that if you are looking at this budg- invest in their small businesses. You President be reelected. et, and you are an investor from some- are basically going to create a huge So you would think that in this budg- where around the world buying Amer- disincentive. This creates a huge dis- et they would have said, well, we better ican bonds—and, remember, most of incentive for small businesses to ex- start addressing that issue. We better our debt today is being bought by peo- pand and for people to be added, for start disciplining ourselves relative to ple outside the United States. They are employees to be added to their busi- how we are going to handle this mas- basically funding our capacity as a na- nesses. It throws a wet blanket on the sive increase in spending, which we tion to function—you are going to look expansion of small business. know is coming at us—I call it a fiscal at this budget and you are going to There is another tax in here that is tsunami—as a result of the baby boom say, do I have confidence that the not talked about too much. They call generation retiring. But, no, not one bonds I am buying are going to have it a carbon tax. This is a massive new word in this budget about containing the value that I am putting into them tax on everybody’s electric bill. If you or slowing down or in any way address- 5 or 10 years from now? described it fairly, it should be de- ing the issue of entitlement spending If I look at this budget, I am going to scribed as a national sales tax on elec- as a result of retirement of the baby conclude that the American Govern- tricity. If you use electricity for any- boom generation. ment is not going to discipline itself, thing, something in your home, if you The practical effect is there is an ele- that it is going to continue to run a use energy basically for anything—and phant in the room that we know we are debt-to-GDP ratio that is not sustain- almost every American does; I cannot going to have to address relative to able, and that, therefore, it is very think of anyone who does not—you are cost that is not addressed, but at the likely that maybe my debt that I am going to find yourself hit with a new same time the budget radically ex- buying from the United States, the tax, this carbon tax, this national sales pands the size of Government, using re- Treasury bonds I am buying, are not tax on energy. sources that might have been used to going to be the value I am paying for And what does it amount to? It is not address entitlement reform. them. a small sum. It is scored in this budget. It is a budget which, if you look at it, This budget not only stifles the en- It is understated in this budget. It is essentially says to the productive and trepreneurial spirit of America in the scored at, I think, $70 billion a year or entrepreneurial side of our Nation: We outyears—and people looking 4 or 5 something like that. That is still a lot are going to tax you. We are going to years down the road are not thinking of money, by the way. But it is under- regulate you. And we are going to cre- that far now, but in October, this budg- stated. According to the MIT study and ate an atmosphere where we are going et repeals many of the tax initiatives according to the numbers which were to crowd out your ability to borrow which create entrepreneurship and tax being used last year when this was money because the Federal Govern- people at a heavier rate; it starts pret- being discussed, the actual number is ment is going to borrow so much ty soon here—at the same time it is closer to $300 billion, $300 billion in a money. putting at risk the value of our cur- brandnew tax burden on the American It is simply an attack on the entre- rency and the value of our debt. It is consumer. preneurial elements of our society, the saying to the world: We are not going And what is this tax used for? Well, people, the small business people who to discipline ourselves in the outyears. it is used, in large part, for walking- go out there and create jobs. That is When we raise taxes, which this ad- around money for various constitu- why I said there is a conundrum here. ministration is proposing—and that is encies who have an interest in getting On the one side this Government is what they said they would do—one pre- money from the Federal Government. proposing all sorts of initiatives, which sumes they would do what President It is not used to contain the Federal I agree with, to try to float the econ- Clinton did when he raised taxes. He

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.011 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2927 used it to try to reduce the deficit. The assistant legislative clerk pro- Scholarship Program. Unfortunately, if With the help of a Republican Con- ceeded to call the roll. the current bill should pass, this pro- gress, which limited spending, we were Mr. KYL. Madam President, I ask gram will end. There is specific lan- able to accomplish that. This budget unanimous consent that the order for guage in the bill that says unless this does not accomplish that. This budget the quorum call be rescinded. program is reauthorized and the DC takes $1.4 trillion in new taxes and The PRESIDING OFFICER. Without City Council approves it, 1,700 children spends it on a massive expansion of the objection, it is so ordered. will lose their opportunity scholarships Federal Government in the area of AMENDMENT NO. 629 WITHDRAWN that allow them to attend a private health care and the way we finance Mr. KYL. Madam President, yester- school in the District of Columbia. student loans, all the different initia- day I spoke to my pending amendment That is unfortunate, and that is why tives basically expanding Govern- No. 629, an amendment that would have my amendment must be adopted. ment’s role. required an assurance that none of the When we take a close look at the The practical effect of that will be to funds in the underlying legislation data on DC schools, it is no wonder the weaken the dollar, our currency, and to would be used to resettle Gazans in the DC opportunity scholarship parents are cause people to question the value of United States. There had been a flurry so vocal about keeping this program our debt. That is serious. That is very of news stories suggesting that an Ex- alive. Here in the District of Columbia, serious for us as a nation. ecutive order by the President might public schools spend, on average, over I agree with those who say the mar- have that result. $14,000 per year per student. The DC ket is confused by this administration. In contacting the State Department, class size has one of the lowest stu- It is confused because, on one hand the we have been assured that is not the dent-teacher ratios in the country, 14 administration is pursuing what is a case. As a result, I ask unanimous con- to 1. Yet reading scores continue to necessary policy to get liquidity into sent to withdraw the amendment and languish at or near the bottom in every the market and stabilize the financial to have printed in the RECORD a letter national assessment. Recent data industry, stabilize the housing indus- from the U.S. Department of State, Mi- shows that 69 percent of fourth graders try, but, on the other hand, it has put chael Polt, Acting Assistant Secretary, in the DC Public Schools are reading forward a budget which is probably the addressed to me, dated March 9. below basic levels as defined by the De- largest expansion of Government in the There being no objection, the mate- partment of Education. DC students in history of the country or the largest rial was ordered to be printed in the DC Public Schools ranked last in the proposed expansion of Government in Record, as follows: Nation in both SAT and ACT scores. the history of the country, unpaid for About 42 percent of DC students drop and, therefore, threatening the future U.S. DEPARTMENT OF STATE, out of school. of our children with debt they can’t Washington, DC, March 9, 2009. Hon. JON KYL, Beyond the low performance in the possibly afford. U.S. Senate. classroom, DC schools are often violent As we move forward in this effort, I DEAR SENATOR KYL: Thank you for your in- and dangerous. A Federal government suggest a better course of action would quiry regarding Presidential Determination study found that roughly 12 percent of be for this administration to come for- No. 2009–15, signed on January 27, 2009, which DC students were threatened or injured ward with some fiscal discipline. Why approved a $20.3 million drawdown from the don’t they propose some specific ideas Emergency Refugee and Migration Assist- by someone possessing a weapon on which will address the impending fiscal ance Fund (ERMA) to assist Palestinian ref- school property during a recent school tsunami? There are bipartisan initia- ugees and conflict victims in Gaza. These year. This percentage is well above the tives in the Senate to do so. Senator funds will be used to provide humanitarian national average. Perhaps, it is because assistance to Palestinian refugees and con- of these statistics, that President CONRAD and I have proposed a proce- flict victims in Gaza. None of these funds Obama chose to enroll both his daugh- dure which would allow us to put in will be used to resettle Gazans in the United place a process which would lead to ters in a private school. States. Let’s see what his Secretary of Edu- policy, which would lead to a vote, We appreciate your inquiry regarding this which would actually limit and make U.S. humanitarian program. If we can be of cation said about the DC scholarship affordable a large percentage of the further assistance on this or any other issue, program: outyear cost of entitlement programs please do not hesitate to contact us. I don’t think it makes sense to take kids as we try to fund the retirement of the Sincerely, out of a school where they’re happy and safe MICHAEL C. POLT, and satisfied and learning. I think those kids baby boom generation. need to stay in their school. Take us up on that offer. It has very Acting Assistant Secretary, Legislative Affairs. significant bipartisan support. Why not Secretary Duncan was referring to take up an initiative in the area of try- Mr. KYL. Madam President, I will the D.C. Opportunity Scholarship Pro- ing to get the deficit and the debt back read the two specific sentences from gram, the same program we are trying to the prerecession period? When we the letter that cleared up this matter. to save today. went into the recession, the debt was 40 The letter says: Michelle Rhee, the Chancellor of DC percent of GDP. The deficit was down These funds will be used to provide human- city schools said: to about 1.5 percent of GDP. Let’s get itarian assistance to Palestinian refugees I would never, as long as I am in this role, back to those numbers. If we are going and conflict victims in Gaza. None of these do anything to limit another parent’s ability funds will be used to resettle Gazans in the to make a choice for their child. Ever. to raise revenues, let’s use them to re- United States. duce the deficit, not to expand the size That is what she said. As a result of that assurance, the of Government. DC Mayor Fenty said: These are initiatives that would get a amendment is not necessary, and that We should not disrupt the education of lot of Republican support, certainly on is one less vote my colleagues have to children who are presently enrolled in pri- the first point. There might even be take this afternoon. vate schools through the DC Opportunity some support on the second idea of get- I note the absence of a quorum. Scholarship Program. ting the deficit down. I would certainly The PRESIDING OFFICER. The Last Friday, Senator DURBIN, the support lowering the debt. But the pro- clerk will call the roll. senior Senator from Illinois, made posal as put forward now is confusing. The bill clerk proceeded to call the some charges against this DC Oppor- Not only is it confusing, but if it were roll. tunity Scholarship Program that I actually put in place, it would put our Mr. ENSIGN. Madam President, I ask wish to address. Senator DURBIN claims country in a very serious situation as unanimous consent that the order for the program doesn’t work. He claimed our children try to lead their lives and the quorum call be rescinded. the Department of Education study move forward in a nation which gives The PRESIDING OFFICER. Without proves the DC Opportunity Scholarship them an opportunity for prosperity. objection, it is so ordered. Program doesn’t work. What Senator I yield the floor and suggest the ab- AMENDMENT NO. 615 DURBIN failed to mention were some of sence of a quorum. Mr. ENSIGN. Madam President, I the fundamental flaws of the Depart- The PRESIDING OFFICER. The wish to talk about my amendment ment of Education study. First, the clerk will call the roll. dealing with the DC Opportunity study fails to examine the performance

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.013 S10MRPT1 smartinez on PROD1PC64 with SENATE S2928 CONGRESSIONAL RECORD — SENATE March 10, 2009 of students who actually took advan- She said some of her friends she went and his folks. I met his little brother tage of the scholarship and actually at- to school with in middle school and who is also in the program. I looked in tended private school versus the per- who now attend public high school their eyes and saw their heartfelt pleas formance of those who attended public speak using profanities and aren’t to keep this program going. I challenge schools. Instead, it compares the stu- making the kind of progress she is any member to look into their eyes and dents who were just offered the schol- making academically. This is Sanya, then vote against this program. We arships to those in public schools. In here. Sanya said in middle school she should be putting kids before special fact, over a quarter of the students who started slacking off and she would have interest groups. Shouldn’t our edu- were considered private school partici- probably followed her friends’ path if cational system be about kids? pants for purposes of this study did not she didn’t receive the scholarship to at- Shouldn’t it be about their education even attend the private schools. tend private school. Sanya currently and providing them the opportunities This study has many flaws and we has a GPA of 3.95. She is vice president to compete in the 21st century? could go through all of them. How can of her class, captain of the soccer team, I think the people who are against the program be considered not working a player on the lacrosse team, presi- this program are afraid of this program yet there are 1,700 kids whose parents dent of the International Club, and a for one reason—because it is actually showed they are satisfied and that peer minister. This is the type of stu- working. This program is very popular. think their kids are getting a better dent the Democrats are going to take The senior Senator from Illinois sends education? The parents are happier, out of a school that she loves so much. his kids to private school. Parents and they can sleep well knowing their Rashawn is 16 years of age and start- choose to send their kids to private kids are going to safer schools. I be- ed school in 1996. His father had him schools because they want better edu- lieve that if there were more than 1,700 tested and found he was 3 years behind cation for their kids. scholarships available, there would be his grade level. The scholarship pro- Let’s give these children a chance at a lot more people who would be en- gram gave him the opportunity to at- a better education. Let’s prove that it rolled in the program because of the tend Academia De La Recta Christian is working. Let’s study the students satisfaction of both the parents and the Day School where Rashawn has said: ‘‘I and the program. Don’t stop this pro- teachers. can now do my classwork with very lit- gram when it is still in its infancy. According to the Heritage Founda- tle help’’ because of this scholarship. Let’s decide how we need to measure it, tion, 37 percent of the members in the Dominique, who is Rashawn’s sister, prove it is working or not working. But House of Representatives and 45 per- is a 14-year-old girl who lives in Wash- I predict that at the end of the day, if cent of Senators send their children to ington, DC. She is now attending the we really follow these kids in an objec- private schools. That is almost four same school and, in Dominique’s own tive manner, we will show this program times the rate of the general popu- words, she says: ‘‘I love my school, and has great promise, and maybe we can lation. The senior Senator from Illi- I am working on my level and my even take it to other places in the nois, Mr. DURBIN, stated on Friday that grade.’’ country and help other low-income he and his wife sent their children to Breanna Williams is a 9-year-old girl kids get a better chance at a better private Catholic schools. He said this in the fourth grade. She loves her new education. was their choice, and it was a personal school, St. Peter’s, because she is get- Madam President, I yield the floor. family decision. I respect Senator DUR- ting all As and Bs. She loves to read The PRESIDING OFFICER. The Sen- BIN’s choice to send his own children to and is doing that at a level above her ator from Illinois. private schools, but why should the grade. In addition, Breanna plays the Mr. DURBIN. Madam President, I am choice to send children to private clarinet in the school band and when glad I am here to speak in reference to schools be the right of only a privileged Breanna grows up, she wants to be a the Ensign amendment. Senator EN- Senator’s family or those who make a translator who travels the world. SIGN mentioned my name several times lot of money? I would be remiss if I did not reintro- during the course of that debate, which Keep in mind, the 1,700 children we duce you to Ronald Holassie. He is a he is entitled to do on the floor of the are talking about come from families 10th grader at Archbishop Carroll High Senate. I would like to respond. whose average income is less than School in the District, where he is Five years ago, we started a program $23,000 a year. A good education is a thriving—running track, studying in the District of Columbia. It was civil right, and this should not be the physics, mentoring middle-school stu- never tried before by the Federal Gov- exclusive purview of the rich or the dents. Further, he has just been ap- ernment. Here is the program. We said well connected. pointed as DC’s deputy youth mayor. we would give to the parents of up to Before closing, I wish to highlight Ronald said that maintaining the DC 2,000 students Federal money to pay for some of the stories of success in the DC opportunity scholarship is his chief the tuition costs of sending their kids Opportunity Scholarship Program so it legislative priority. Ending the pro- to private schools. It was called the DC can be clear who is losing out because gram will send Ronald, who is just a Voucher Program. At the time—it was of the Democrats’ efforts to kill the sophomore, to Woodson High School, a proposed 5 years ago—it was proposed Program. I wish to put some names failing school under the No Child Left as a pilot program. It basically said we with some of the faces and show how Behind Act, for his senior year. are going to do this on an experimental important this program truly is. Individually and collectively, these basis to see whether it works, whether Sarah and James Parker attend the students demonstrate just how impor- at the end of the day these kids going Sidwell Friends School in our Nation’s tant it is to continue the DC Oppor- into private schools will turn out to be Capital with President Obama’s chil- tunity Scholarship Program and just better and more successful students, dren. Here they are right here. Unlike how wrong the program’s opponents and then at the end of the authorizing the Obama girls, they could not afford are to eliminate it for political pur- period Congress will make a decision this school without the $7,500 voucher poses. We should continue this scholar- whether to proceed forward with this they received from the DC Opportunity ship program and help students like program. Scholarship Program. Now, keep in the ones I just pointed out—help them Sometime last year, I ended up with mind, these two students are funded at to continue to succeed and to develop the responsibility of funding this pro- half what it costs to send a child to DC in our Nation’s Capital. I ask President gram just as it was about to expire. It Public Schools. Every time we take Obama and the Democrats to keep was going to expire this June, at the these students out of the public schools Sarah, James, Sanya, Rashawn, end of this school year. I said: I don’t in Washington, the DC Public Schools Dominique, Breanna, and Ronald in think that is fair. We have not done save money. So why would we want to mind before deciding to kill the DC Op- the evaluation we were supposed to do. end this program? Plus the fact that portunity Scholarship Program. I ask We have not considered reauthorizing these kids love going to school where my colleagues to please join me in sup- the program as we planned to do. And they are going. porting this critical program. we do not want to leave 1,700 students Now, Sanya Arias is a scholarship re- Madam President, I will close with and their families in suspense about cipient who lives in Adams Morgan. this. I met Ronald last week. I met him their future. So, unlike the statement

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It right now but the next school year, 2009 ish. was codified. It was made a law in the to 2010. I did not think it was fair for They also found schools that did not DC City Council, where it said specifi- these kids to be uncertain about where pass the Life Safety Code inspection. cally: they would be in the next school year They found schools where they had The Secretary may make grants under this while Congress did its work. misrepresented what the building was section for a period of not more than 5 years. What has happened to this DC Vouch- being used for. And, of course, there We have gone beyond 5 years. I have er Program? Let me tell my colleagues were no comparative tests they could not only allowed it, I said we should. It what happened initially to the DC use. is only fair it go beyond at least an ad- Voucher Program. I offered three In my mind, if this were to be an ex- ditional year. Now the Senator from amendments in the Senate Appropria- perimental program, a pilot program, Nevada objects to the DC government tions Committee to this program. Here and we wanted to make sure that the itself deciding whether to continue this is what they were, I say to Senator EN- kids were protected and that at the end program. For a lot of people who come SIGN: of the day we could measure the results to this floor and talk about home rule, No. 1, I said that any DC voucher honestly and accurately, you would local control of schools, they are basi- school teacher had to have a college have included these provisions. Unfor- cally saying to DC: You don’t have any degree. Is that a radical idea? Do you tunately, they were not included. voice in this matter. You are our lab- have any public schools in Nevada So now the question is, Should the oratory. We will decide what happens where the teachers do not have a col- Federal taxpayers continue to sub- to your school right here in Congress. lege degree? We don’t in Illinois. We sidize the education of the students in The Senate and the House of Rep- put this up for a vote, and the people the DC voucher schools? It is a legiti- resentatives are filled with many gift- who were supporting the DC Voucher mate question, and it is one that a seri- ed politicians, people who have served Program voted it down. They said: We ous committee should look at. In fact, in many offices throughout their ca- can’t require teachers in these private I think it should be a committee the reers and bring that service as an expe- schools to have a college degree. Imag- Senator serves on, and that is what we rience to help them serve in the Sen- ine that. suggested. He is a member of the ate. But it turns out that many of The second amendment I offered said Homeland Security and Governmental them, more than anything else, always the buildings that we will call DC Affairs Committee, chaired by Senator wanted to be mayors, and in particular voucher schools have to pass the Life LIEBERMAN. He came to the floor when Mayor of the District of Columbia. Safety Code. They have to be safe the Senator asked 2 weeks ago and Time and again, this Congress—and an buildings so that if there is a fire in the stated publicly: Yes, I will have a hear- attempt is being made right now—tries building, the kids will survive. I don’t ing on the reauthorization of the DC to preempt the District of Columbia know of a single school in Nevada or Il- Voucher Program, and, in fact, has in- from making its own choices for its linois that is not in a safe building, an dicated to many of us that he supports own citizens. I would no more think of inspected building. Do you know what the program. He is no enemy of the imposing on Las Vegas, NV, an edu- happened to the amendment in the program. cation program that its school district committee? They voted it down. They So when our bill says we ought to did not want, would not accept, with- told me: Don’t get in the way of cre- take a look at the total results of the out saying to them: You ought to have ativity. We have these voucher schools millions of dollars we put into DC a voice in this as well. that are very creative. The teachers voucher schools, let’s judge how the So at the end of the day, we say the may not have college degrees and the students are doing—incidentally, in the program needs to be reauthorized to building may not be judged safe, but first year or two, it turned out that the make sure it is working, that the these are creative ideas. This could test scores, when they tried to compare money is not being wasted, and the work, Senator, step aside. them, they said there doesn’t seem to program needs to be approved by the The third thing I said was that it is be much difference between students in DC City Council. only fair, since we are all critical of voucher schools and those in public I have met some of these students to the current DC public schools and what schools. Maybe that has changed. It is whom Senator ENSIGN has referred. is happening there, in most instances, certainly worth asking the question. They are truly impressive. They tell a that we have the same achievement In this bill, I also require now that wonderful story about lives that were test offered in the voucher school as in the teachers in the DC voucher schools turned around and new opportunities. the DC public school so that at the end in this next year have a college degree. And that is exactly what I wanted to of a year or 2 years or 3 years, we can Is that what you call ending the pro- create for my children and what every- compare the results. Are the kids real- gram? I think it makes the program one else wants to create. But believe ly doing better? It was voted down. more responsible. I think it makes the me, we are not going to create new op- DURBIN, you are standing in the way program more likely to produce stu- portunities when we have DC voucher of creativity. These are voucher dents with a good education. schools stuck in the basement of a schools. They don’t need teachers with Let me tell you what else happened. home where the principal has no aca- college degrees. They don’t need to be When the Department of Education demic credentials and the teachers do in buildings that are inspected and took a look at this program, they not have college degrees. We are not safe. We don’t need to have comparable raised questions about whether the going to create excellence in buildings tests. You are missing the point. people administering the program were which are dangerous for kids to be in. I guess I did miss the point. Do you spending the money wisely, whether We are not going to create excellence know what happened when the General they were watching how the resources until we have accurate measurement Accountability Office took a look at were gathered and spent. There is a lot between the progress students are these schools? They found that many of talk about oversight here and a lot making in the DC voucher schools and of them were world-class schools. And I of criticism that taxpayers’ money and in the public schools as well. bet you the students the Senator from Government funds are being wasted. While we are engaged in this con- Nevada was pointing to were the prod- That is a fair criticism of everything versation, many on the other side—I ucts of those schools. Do you know we do on the floor. Why should this am not pointing at the Senator from what they also found, I say to Senator program be any exception? Why should Nevada when I say this—many on the ENSIGN. They also found schools where we create a standard for this program other side have completely given up on somebody’s mom or somebody’s wife that is different from any other pro- the DC public schools. They are wrong.

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.016 S10MRPT1 smartinez on PROD1PC64 with SENATE S2930 CONGRESSIONAL RECORD — SENATE March 10, 2009 Michelle Rhee is the new chancellor of based on the course they teach, I ask in OMNIBUS APPROPRIATIONS ACT, education in the District of Columbia. response, through the Chair, is that the 2009—CONTINUED She is an extraordinarily talented standard you are suggesting for your The PRESIDING OFFICER. The Sen- young woman who has come from the home State of Nevada? ator from Texas is recognized. Teach For America Program, one of Mr. ENSIGN. Madam President, I ac- Mrs. HUTCHISON. Mr. President, the most successful new programs and tually send my kids to schools where what is the pending order? largest employer of college grads in not all of the teachers in core subjects The PRESIDING OFFICER. There is America. She was successful in Balti- have 4-year degrees. But if a teacher is no pending order. There has been no more in bringing back a classroom that teaching art, if a teacher is teaching unanimous consent. The Senator is rec- had fallen behind. She went up to New woodshop, or some other kind of pro- ognized. York to recruit nontraditional teach- gram, I would ask: Does the Senator Mrs. HUTCHISON. Mr. President, I ers. And she is now here with the same from Illinois really believe imposing rise today to speak in opposition to the dedication and commitment. I am not that on private schools is necessary? Omnibus appropriations bill that is be- about to give up on DC public schools. You send your kids to private schools fore us. I think this debate has been I honestly believe the vast majority of just as I am sending my kids to private good. We have had amendments. I kids are going to be in those public schools. We sent them where we thank the majority leader for allowing schools, and they deserve a decent edu- thought they would get a good edu- amendments to be offered. I note that cation. As much as we can help them, cation. Does the Senator think these not one amendment has been agreed to, we should. To despair and say there is parents who are taking advantage of but nevertheless we have had the de- no hope for these public schools is not these programs don’t care enough bate and I think the American people fair to Michelle Rhee, to the new about their kids to send them to the do deserve to know more about this bill Mayor, Mayor Fenty, or to those who best schools? That is why they are and why there are so many objections want to see this new day in education choosing to get them out of public to it. I am speaking against it today be- in the District of Columbia. schools. Wouldn’t the Senator from Il- I think an honest evaluation of the linois agree those are wise parents cause of its sheer size. It is a $408 bil- lion bill. But when you account for the DC voucher schools, as well as the DC signing up voluntarily for this program previous bills that have already passed charter schools, and a commitment to because they care about their kids? appropriations this fiscal year for de- reform in the DC public schools is the Mr. DURBIN. I would like to respond fense, military construction, veterans answer. For those who want to stop to the Senator—I know our time is affairs, and homeland security, the bot- about to end—by saying that when the and say no evaluation, no reauthoriza- tom line is for fiscal year 2009 we are GAO did their study, incidentally, they tion, no investigation, spend the going to spend $1 trillion. Passage of found what you stated on the floor was money on the program, no questions this bill will mark the first time in asked, I am going to say no. I am going not exactly the case. It turned out U.S. history that our regular appro- to fight this amendment because I there were teachers in so-called ‘‘core priations process, funding Government think it is a move in the wrong direc- academic subjects’’ without college de- in the routine and regular order, will tion. It is a move away from account- grees. Those subjects include English, surpass $1 trillion. ability. It is a move away from a local reading, and language arts, math, Last week I offered an amendment. voice in the future of the education of science, foreign language, civics and Senator MCCAIN offered an amendment, kids in the District of Columbia. And it government, economics, art, history, Senator COBURN offered several amend- is a movement away from quality and and geography. That is the definition ments, Senator DEMINT, Senator back to the DC voucher original model of core academic subjects. And the VITTER, Senator KYL—so many amend- that did not include the most basic teachers in many voucher schools did ments have been offered but they were standards we require of virtually every not meet those requirements. basically different ways to bring down public school in America. I might also say to the Senator from the cost of this bill to some kind of re- I can tell you that many who are par- Nevada that my wife and I made a per- sponsible, agreed-upon area so we can ticipating in the DC Voucher Program sonal decision to send our children to say we are doing the people’s bidding agree with the reforms I have sug- Catholic schools, knowing we would be by taking care of taxpayer dollars. gested. I have talked with them about paying public property taxes in my That is what we tried to do. it. There are those who will resist it. hometown of Springfield, IL, to sup- First, Senator MCCAIN offered an We cannot let them win the day by port public education, and we had an amendment to say let’s do a continuing adopting the Ensign amendment. additional financial burden on our fam- resolution that funds Government at Now I will yield for a question. ily to pay for tuition, as you have. We 2008 levels until October 1, the end of Mr. ENSIGN. I thank Senator DURBIN accepted that burden, and I believe it is the fiscal year. Next, an amendment for yielding. part of the bargain. We support public was offered by Senator ENSIGN that ba- Madam President, is the Senator education, but we made a family deci- sically said 2008 spending levels, but aware that in all of the private schools sion to pay for our kids to go to Catho- with the new bill, with the new author- these kids are attending the core sub- lic schools. izations. It will have all of the congres- ject teachers have 4-year degrees and I have supported public school sional imprint but it will be 2008 levels. that it was only in subjects such as art referenda throughout my time in my That failed. and wood shop that they did not nec- hometown. I believe public education is My amendment was 2008 levels with essarily have 4-year degrees? Madam the core when it comes to the develop- the rate of inflation, so instead of an 8- President, I ask the Senator from Illi- ment of the community. In my home- percent increase in spending in a 1-year nois, through the Chair, whether he is town of East St. Louis, when the public period, double the rate of inflation, it aware of that. schools went to Haiti, the Catholic would have been a 3.8 percent increase Mr. DURBIN. Madam President, I say schools followed quickly behind. They from 2008, which I thought was quite to the Senator from Nevada that the are all in this together. reasonable. Furthermore, I said let’s complement of teachers in the DC Madam President, I know we have decide that we will only take it from voucher schools has changed and im- run out of time. the accounts in the bill before us that proved over the years, there is no ques- f duplicate what we passed in the stim- tion about that. But it is also true to ulus bill weeks ago. In that way, we say that the standards imposed on the RECESS would say to the American people we DC public school teachers are not being The PRESIDING OFFICER. Under are going to fund the Government at followed by the teachers in the DC the previous order, the Senate will 2008 levels plus the rate of inflation, voucher schools. We have created a stand in recess until 2:15 p.m. and the way we are going to cut it back double standard. As far as I am con- Thereupon, at 12:32 p.m., the Senate is to let the Appropriations Committee cerned, if you are arguing that we recessed until 2:15 p.m., and reassem- decide which of the duplicated ac- shouldn’t require all teachers to have bled when called to order by the Pre- counts that were passed in the stim- the appropriate academic credentials siding Officer (Mr. CARPER). ulus bill 2 weeks ago would be taken

VerDate Nov 24 2008 23:35 Mar 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.017 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2931 out—either the stimulus bill or the bill In addition to the concerns about The legislative clerk read as follows: before us. That was my amendment whether the borrowers are going to buy The Senator from South Dakota [Mr. and it too failed. our debt—what if they say: $10 trillion, THUNE], for himself, Mr. DEMINT, Mr. INHOFE, We have tried everything we know $11 trillion, you know, maybe we will and Mr. ENZI, proposes an amendment num- how to do in a reasonable and respon- buy your debt, but the risk is too great bered 662. sible way to say to the American peo- and we will have to jack up the inter- The amendment is as follows: ple: Everyone is hurting right now and est rate? What is that going to do to an (Purpose: To prohibit the use of funds by the we should not be spending in the reg- economy that is teetering so badly? Federal Communications Commission to ular order on regular Government busi- I do not think we can turn a blind repromulgate the Fairness Doctrine) ness, 8 percent above last year’s rate. eye to the long-term consequences of On page 410, after line 2, insert the fol- My amendment would have been a 1- this debt burden. It is not only irre- lowing: percent cut from this bill and the Ap- sponsible but it borders on being reck- SEC. 753. None of the funds appropriated in propriations Committee could have less. When are we going to stop it? If this Act may be used by the Federal Commu- nications Commission to prescribe any rule, chosen where that went. I also sug- not today, then when? We have a regulation, policy, doctrine, standard, guide- gested that we take it out of the dupli- chance today to say to the American line, or other requirement that has the pur- cate measures that we passed within 1 people we will go back to the drawing pose or effect of reinstating or repromul- month of each other. The American boards and we will put reasonable lim- gating (in whole or in part) the requirement people expect more responsible actions its on the amount of debt we are accu- that broadcasters present or ascertain oppos- from Congress than spending without mulating. We will put limits on the ing viewpoints on issues of public impor- restraint. deficits that are being created. I think tance, commonly referred to as the ‘‘Fair- I hear from my constituents all the we should go back to 2008 levels be- ness Doctrine’’, as such doctrine was re- time. A lot of common sense is coming cause we passed a $1 trillion spending pealed in In re Complaint of Syracuse Peace out of my constituents. I wish we could Council against Television Station WTVH, plan. Why not go back to 2008 levels Syracuse New York, 2 FCC Rcd. 5043 (1987). export the good old Texas common and take out the duplication from the Mr. THUNE. Mr. President, 2 weeks sense to the Congress because what we stimulus bill and what is in the bill be- ago, 87 Members of the Senate voted to are saying is why don’t we look at the fore us today? That would be a respon- uphold our first amendment rights by big picture here? Instead of a $1 trillion sible action that might start giving supporting a statutory prohibition on stimulus spending package on top of $1 confidence to the American people that the so-called fairness doctrine. The trillion to fund Government for the the Congress and the President will be amendment was offered by Senator next 9 months, and furthermore we able to work together in a bipartisan DEMINT and was accepted as part of the have not even dealt with the financial way to act responsibly, with the big DC voting rights bill which is currently institutions yet, why don’t we step picture in mind. I urge the President of awaiting consideration by the House of back and look at the problem we have, the United States not to go forward which is that our financial institutions with the budget that he has put for- Representatives. I am concerned that are not working, our small businesses ward, not to go forward with an energy once the House considers this bill, are not getting credit so they are not plan that is going to start increasing whenever that might occur, and the able to borrow to stay in business, and taxes on every electric bill that every Senate and House versions are the housing market is in the tank? We consumer in this country will have, but conferenced together, this provision have not addressed those issues yet and instead to step back and say let’s fix will no longer be a part of the final DC here we are, spending as if there is no the financial industries. Let’s fix the voting rights bill. restraint, adding to the debt because financial institutions. The idea has I will say I am hopeful that the we do not have the money in the bank. been propounded is that the FDIC is DeMint amendment is retained in the I cannot think of anything more irre- going to start putting an assessment final version of the DC Voting Rights sponsible than what we are doing in on every bank deposit to pay for these Act, but I am fearful it will be stripped these last couple of months in the Con- other schemes that have no impact out behind closed doors when the con- gress. whatsoever. ference committee gets underway. Actually, the stimulus packages from There are a lot of things coming out So I filed an amendment to the Om- last year were also erroneous. But of here that do not make sense. I think nibus appropriations bill that would couldn’t we have learned from the mis- it is time for us to begin to show the prohibit the FCC from using any funds takes? Couldn’t we have learned from American people we are going to step to reinstate the fairness doctrine dur- what did not work in the first stimulus back. We are going to fix the financial ing the current fiscal year. package? But, no, we do not seem to markets so people can borrow to make If this amendment is accepted to the have learned, even though it was less payroll and keep people working, so omnibus bill, then the 87 Senators who than a year ago. I think the American people can stay in their homes and not supported this prohibition last week people are showing the concern they get foreclosed, and to shore up the will have assurances that the fairness have because the stock market is low, housing industry and help them start doctrine will not be reinstated for the and is not getting stabilized. building and selling homes again. remainder of this year regardless of Now we have coming on the heels of If we can start there, then we will whether the DeMint amendment re- this omnibus bill, which we are not ac- know what kind of stimulus we need, mains part of the DC Voting Rights counting for, a $3.6 trillion budget pro- or what kind of further spending would Act. posed by the President with a deficit be in the best interest of this country I would also like to remind my col- for 2010 projected at $1.75 trillion. The to get our economy going again. But leagues a similar provision was in- cumulative debt of America today is until then, we should not pass the bill cluded as part of the fiscal year 2008 $11 trillion. The proposed budget plan before us today. We should go back to Omnibus appropriations bill, section recently suggested a doubling of this the drawing board and begin respon- 621, that was enacted into law last debt over the long term. sible, bipartisan leadership from Con- year. However, that language was not Mr. President, 25 percent of the na- gress and the President on behalf of the included as part of the fiscal year 2009 tional debt that we are accumulating is American people. Omnibus appropriations bill. owned by foreigners. The Chinese Gov- I yield the floor. Now, one of the arguments that has ernment owns almost $700 billion of our The PRESIDING OFFICER. Who been made against this amendment debt. This is the same Chinese Govern- seeks recognition? from my colleagues on the other side ment that last weekend took a rather The Senator from South Dakota. is, well, this issue is not that impor- hostile action toward one of our naval AMENDMENT NO. 662 tant. Nobody really cares about it. It is vessels in the South China Sea. I think Mr. THUNE. Mr. President, I ask not going to happen. we should be looking at the national unanimous consent to call up amend- If that is the case, then why is it that security implications of having so ment No. 662, and make it pending. the prohibition on funding to reinstate much of our country’s debt in the The PRESIDING OFFICER. Without the fairness doctrine was stripped out hands of any foreign country or any objection, the pending amendment is of this bill after it had been included in foreign national. set aside. The clerk will report. the fiscal year 2008 appropriations bill?

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.021 S10MRPT1 smartinez on PROD1PC64 with SENATE S2932 CONGRESSIONAL RECORD — SENATE March 10, 2009 The so-called fairness doctrine has a controversial issues subjected broad- and the vote that was made by the Sen- long and infamous history in our coun- casters to regulatory burdens and po- ate a couple of weeks ago by including try. The FCC promulgated the fairness tentially severe liabilities. They sim- a prohibition on funding for the FCC to doctrine in 1949 to ensure the con- ply made the rational choice not to air reinstate the fairness doctrine. trasting viewpoints would be presented any such content at all. Again, we do not know what is going on radio and television. In 1985, the Now, the number of radio and TV sta- to happen in the DC Voting Rights Act, FCC began repealing the doctrine after tions and development of newer broad- concluding that it actually had the op- cast media, such as cable and satellite whether this provision is going to be posite effect. TV and satellite radio, have grown dra- stripped out, whether the DeMint They concluded then what we still matically in the past 50 years. In 1949, amendment is going to be stripped out. know today, and that is the fairness there were 51 television stations and So it is important, in my view, that we doctrine resulted in broadcasters lim- about 2,500 radio stations in the entire reinforce the vote by making a strong iting coverage of controversial issues United States. statement, at least for this fiscal of public importance. In 1985, there were 1,200 television year’s funding, that funding in the FCC Now, recently, many on the left have stations and 9,800 radio stations. cannot and will not be used to rein- advocated reinstating the doctrine. Today, there are nearly 1,800 television state the fairness doctrine. They argue that broadcasters, includ- stations and nearly 14,000 radio sta- There is no reason for the Senate not ing talk radio, should present both tions. There is simply no scarcity to to vote for this language. I hope my justify content regulation such as the sides of any issue because they use the colleagues will join me in supporting fairness doctrine. public airwaves. However, recent calls this amendment and putting us on to reinstate the fairness doctrine failed The third point I will make is this: record when it comes to the funding to take into account several consider- Development of new media, social net- that would be used to reinstate the ations, which I will mention in just a working, and access to the Internet has moment. But in the event that there changed media forever. Supporters of fairness doctrine that this appropria- would be any question about whether government-mandated balance either tions bill will not do that. there are those out there who would ignore the new multiple sources of I yield the floor. media or they reveal their true inten- like to see this happen—because that The PRESIDING OFFICER. The Sen- tion, which is to regulate content on has been one of the arguments raised in ator from New Jersey. the course of the debate, that nobody all forms of communication and ulti- in here is very serious about really mately stifle certain viewpoints on cer- Mr. MENENDEZ. Mr. President, I doing this—if you look at what the tain media such as talk radio. rise to engage my colleagues, Senator Speaker of the House said when she Fourth, broadcast content is driven NELSON and Senator MARTINEZ, in a was asked: Do you personally support by consumer demand. Consumers of colloquy. And as I do, let me start off revival of the fairness doctrine? She media show whether they are being by saying, we want to take a moment said, ‘‘Yes.’’ served well by broadcasters when they to discuss some important provisions The leader of the Democrats in the choose either to tune in or turn off the in the omnibus bill. I discussed these House of Representatives recently said: programming that is being offered. The provisions at length last week on the There is a real concern about the monop- fairness doctrine runs counter to indi- Senate floor, and I want to give an up- oly of information and the skewering of in- vidual choice and freedom to choose date as to where things stand today. formation that the American public gets. what we listen to or see on the air or First, as to the monopoly. Obviously if one read on the Internet. As I discussed last week, this bill in- group or a large group controls information The fairness doctrine should not be cludes three important foreign policy and only allows one perspective to be pre- reinstated, and 2 weeks ago the Senate changes with respect to Cuba that have sented, that is not good for democracy. That acted in a strong bipartisan manner in not been subjected to debate in this is not good for the American public. opposition to the fairness doctrine. I body. They have not gone to the For- That is, of course, what the fairness am asking the Senate to agree to my eign Relations Committee, they have doctrine is directed at. It can have amendment because it simply prohibits not been subject to a vote in either great merit. Those are the two top any funding from being used to rein- body, and these modifications deserve a Democrats in the House of Representa- state the fairness doctrine just as we full examination. This has not taken tives, and those are statements made included as part of last year’s Omnibus place. Instead, this body would have within the last year. appropriations bill. been forced to swallow these changes in Then perhaps even more telling is Adoption of my amendment would the crudest process I can imagine, what was said by a top staffer in the ensure that our first amendment rights without analysis, and without inclu- House. And it says: are protected and that consumers have sion. Conservative radio is a huge threat and po- the freedom to choose what they see Since we have been unable to debate litical advantage for Republicans, and we and hear over our airwaves. This have had to find a way to limit it. amendment ensures that the Federal the substance of these provisions, I I would submit that really is what Communications Commission does not have asked for a clarification, along this is all about. We have had Members use any resources to reinstate the fair- with my colleagues, to the Secretary of on this side, in the Senate, on the ness doctrine through the end of the the Treasury on the implementation of other side of the aisle, who have made fiscal year until a more permanent so- these provisions and expressed my con- similar statements. Recently, on a lution can be reached through a statu- cern for their possible implications and radio program one of my colleagues on tory prohibition. the unproductive signals they might the other side was asked: Do you think As I said, 2 weeks ago, the Senate send to those who are fighting for there will be a push to reinstate the adopted this by a vote of 87 to 11. There democratic change on the island. fairness doctrine? ‘‘I don’t know; I cer- were 87 Senators in the Senate who We did this to get clear, first, of what tainly hope so’’ was the answer. agreed to language that was contained might have been major loopholes that Do you support it? ‘‘I do.’’ in the DeMint amendment to the DC could have been exploited by individ- I mean, would you want this radio Voting Rights Act. uals or organizations seeking to cir- station to have to change? ‘‘I would. I Similar language prohibiting the cumvent the longstanding and nec- would want this station and all sta- FCC from reinstating the fairness doc- essary economic embargo. In response, tions to present a balanced perspective trine again, as I said earlier, was con- Secretary Geithner has provided me and different point of view.’’ tained in last year’s Omnibus appro- with two letters that I ask unanimous What we are talking about is a first priations bill. The administration of amendment right. In reality, the fair- President Obama is on record opposing consent be printed in the RECORD. ness doctrine resulted in less, not efforts to reinstate the fairness doc- There being no objection, the mate- more, broadcasting of issues that are trine. It makes sense, in my judgment, rial was ordered to be printed in the important to the public because airing that we echo all of those statements RECORD, as follows:

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.023 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2933 DEPARTMENT OF THE TREASURY, also have their daily expenses limited to the ment in the 2000 Act, exporters will Washington, DC, March 5, 2009. then-applicable State Department per diem still be required to receive payments in Senator ROBERT MENENDEZ, rate. advance of shipment and will not be U.S. Senate, It is my hope that this letter has assisted permitted to export to Cuba on credit Washington, DC. you in understanding how the Treasury De- Senator BILL NELSON, partment would implement Section 620 of other than through third-country U.S. Senate, H.R. 1105, the FY 2009 Omnibus Appropria- banks.’’ Washington, DC. tions bill. If there is anything that I can do Which is the law today. DEAR SENATORS: I understand that you to be of assistance in the future, please do This comes particularly at a moment have concerns with provisions of the Omni- not hesitate to contact me. that is very important. The Paris Club bus Appropriations Act, 2009 that would Sincerely, recently announced that Cuba has de- amend Cuba sanctions on travel and agricul- TIMOTHY F. GEITHNER, faulted on over $9 billion of obliga- tural and medical trade. As you know, the Secretary of the Treasury. tions. At a time that we are facing Obama Administration had nothing to do Mr. MENENDEZ. Section 620 liberal- with these or any other provisions of that challenges in the United States in bill. izes individual travel regulations to terms of our financial institutions and We are, however, currently reviewing Cuba for the promotion of agricultural credit, in general, to be giving credit to United States policy toward Cuba to deter- and medical sales. This provision would a country that has not only a repres- mine the best way to foster democratic systemically broaden the category of sive policy but has $30 billion in default change in Cuba and improve the lives of the licenses available and allow individ- is not, in my mind, good policy. Cuban people. Your views and the views of uals, in a self-policing manner, to trav- President Obama said: others on Capitol Hill will be important to el to the island under the auspices of that review, and the President remains com- My policy toward Cuba will be guided by mitted to consulting with you as we consider selling such supplies. one word: Libertad—— changes to Cuba policy. While I am sympathetic to the U.S. Which means freedom— I understand that one of your chief con- agricultural industry, I remain con- and the road to freedom for all Cubans must cerns with the Omnibus is Section 622, which cerned that provision was written with begin with justice for Cuba’s political pris- would prohibit the Treasury Department the aim not of benefitting the private oners, the rights of free speech, a free press from using funds to administer, implement, sector but, rather, of undercutting the and freedom of assembly; and it must lead to or enforce the current definition of ‘‘cash in current travel regulations for individ- elections that are free and fair. advance,’’ which is one of the permissible ways to finance exports to Cuba. Treasury uals and putting a wedge in a broader I could not agree more with Presi- believes that this change likely will have no issue of denying our currency to the dent Obama on this point, and I fully influence on current financing rules. The Castro regime. Depending on how this support him in moving forward in this term ‘‘cash in advance’’ is in the Trade Sanc- provision was implemented, it could direction. tions Reform and Export Enhancement Act encourage a radical break in existing Finally, I know some of my col- of 2000 and therefore private parties are and travel regulations and provide the Cas- leagues might be confused about my will continue to be statutorily required to tro regime with enhanced financial persistence with this issue over the comply with those payment terms. Because benefit in the pursuit of its repressive last couple of weeks. So let me clarify the bill’s language does not modify or negate the statutory requirement in the 2000 Act, policies. what, for me, is a principled position. exporters will still be required to receive As a result, we asked Secretary First, I have many citizens in New payment in advance of shipment and will not Geithner specifically how the provision Jersey whose personal stories speak be permitted to export to Cuba on credit would be implemented. Secretary powerfully to the repression of the Cas- other than through third-country banks. Geithner assured us in his letter dated tro regime. Many of them have spent 10 I also understand you are concerned about March 5, 2009: to 20 years of their lives in a prison Section 620. As you know that is a provision Regulations promulgated pursuant to that cell. Their only crime was trying to that will also be administered by the Depart- provision, [Section 620] will seek to ensure seek peaceful change in their country. ment of the Treasury. I can assure you that that only travel for credible sales of food and regulations promulgated pursuant to that They are now proud U.S. citizens. But medical products is authorized. provision will seek to ensure that only travel they languished in a jail for a decade or for credible sales of food and medical prod- In his letter dated March 9, 2009, Sec- two decades simply for seeking to ucts is authorized. retary Geithner wrote: make peaceful change. Many of them Sincerely, The regulations promulgated pursuant to were tortured in that process. They are TIMOTHY F. GEITHNER, that to provision [Section 620] would provide a powerful reminder to me every day, Secretary of the Treasury. that the representatives of only a narrow when I am back in New Jersey, of that class of business would be eligible, under a reality. DEPARTMENT OF THE TREASURY, new general license, to travel to Cuba to Washington, DC, March 9, 2009. Second, let me propose that for some market and sell agricultural and medical it is difficult to imagine the deep per- Hon. ROBERT MENENDEZ, goods. Any business using the general license U.S. Senate, would be required to provide both advance sonal significance these changes have Washington, DC. written notice outlining the purpose and for the human rights and democracy DEAR SENATOR MENENDEZ: You have ex- scope of the planned travel and, upon return, activists on the island who fight for pressed concerns to me about provisions of a report outlining the activities conducted, the ability to speak freely and think H.R. 1105, the FY 2009 Omnibus Appropria- including the persons with whom they met, freely, as well as my own personal con- tions bill, regarding Cuba sanctions. You the expenses incurred, and business con- victions on this issue that my family have also shared your views regarding Sec- ducted in Cuba. tion 620 of the bill, which relates specifically has both lived under and died trying to to travel to Cuba for the commercial sales of Section 622 concerns cash in advance change. agricultural and medical goods pursuant to payments. This provision would strip Changes in our Nation’s policy to- the Trade Sanctions Reform and Export En- the ability of the Department of the ward Cuba, such as changes in our Na- hancement Act of 2000. Treasury to enforce a 2005 amendment tion’s policy toward any nation our Section 620 would be administered by the that defined the term ‘‘cash in ad- country determines a state sponsor of Department of the Treasury. The regulations vance.’’ promulgated pursuant to that provision terrorism—such as Iran, Sudan, and would provide that the representatives of In his March 5 letter, Secretary Syria—are extremely delicate policy only a narrow class of businesses would be Geithner wrote that the U.S. Treasury issues. Any such changes in our policy eligible, under a new general license, to trav- ‘‘believes that this change likely will with these countries deserve a demo- el to Cuba to market and sell agricultural have no influence on current financing cratic debate and careful deliberation. and medical goods. Any business using the rules. The term ‘cash in advance’ is in It is simply undemocratic to tuck them general license would be required to provide the Trade Sanctions Reform and Ex- in the middle of a large unrelated but both advance written notice outlining the port Enhancement Act of 2000 and must-pass spending bill. purpose and scope of the planned travel and, therefore private parties are and will I thank Secretary Geithner for his upon return, a report outlining the activities conducted, including the persons with whom continue to be statutorily required to understanding of the sensitivity of they met, the expenses incurred, and busi- comply with those payment terms. Be- these issues, working with Senator ness conducted in Cuba. All travelers who cause the bill’s language does not mod- NELSON and myself to ensure that the take advantage of the general license would ify or negate the statutory require- spirit of the legislation is carried out

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.006 S10MRPT1 smartinez on PROD1PC64 with SENATE S2934 CONGRESSIONAL RECORD — SENATE March 10, 2009 in a responsible manner. I also thank on an omnibus bill, as Senator MENEN- immediate concern with this issue, in a my colleagues in the Senate who have DEZ said, that was crafted behind way that is heartening. To me, often- worked with us on this and others who closed doors, kept from public view, times I have seen our names written as have understood and Majority Leader and kept from the rest of the Senate’s hardliners on Cuba. I prefer to think of REID for working with me on getting view until it was disgorged from the ourselves as voices of freedom standing clarification on the implementation of full committee only a couple weeks to oppression. That is what is at stake. these provisions. It is disappointing ago; ‘‘it’’ being the omnibus, a must- People in the district of Senator that the process unfolded in this way. pass piece of legislation to keep the MENENDEZ and people in Florida, We will look just as unkindly upon any Government functioning. countless of them, we know their sto- future attempts to make significant As Senator MENENDEZ has outlined, ries. We know their names. We know foreign policy decisions of any sort, not we reached out to the Secretary of the their suffering. It isn’t about settling only about Cuba, in this type of secre- Treasury and to the White House to an old score because these conditions tive and undemocratic manner. In- clarify the implementation and en- continue even today. Oscar Elias stead, I wish to work with my col- forcement of these regulations. Sen- Biscet, to name one. He is in jail. His leagues in an open and transparent ator MENENDEZ has already put into family seldom gets to visit him. His manner to deliberate the substance be- the RECORD Secretary Geithner’s letter health is in peril. It is because of all fore we get to this point, even though, of March 5 and his responsive clarifica- these things that are not only part of at the end of the day, we may still not tion in a letter of March 9. I wish to history, but they are also part of to- find common ground. I would, of enter into the RECORD the letter Sen- day’s reality, that we stand on the side course, prefer that the provisions not ator MENENDEZ and I sent to Secretary of freedom. That means a state that is be in this bill at all. But the assurances Geithner on March 6, memorializing a sponsor of terror needs to be treated I have received from Secretary the personal conversation we had with differently. Geithner have allayed my most signifi- him, to which he so graciously then I daresay that while I might not cant concerns, and I will vote in favor followed up with his letter of March 9. agree with everything that might be of the Omnibus appropriations bill. I ask unanimous consent that it be done, I trust President Obama and Sec- I yield to the distinguished senior printed in the RECORD. retary of State Clinton to do a review Senator from Florida, who has been an There being no objection, the mate- of our policy toward Cuba and then, ally in this effort to ensure that the rial was ordered to be printed in the perhaps in the light of day, have a dis- clarifications needed were there. He is RECORD, as follows: cussion about what would and would a tremendous advocate for freedom and U.S. SENATE, not be appropriate. What I would ob- democracy for the people of Cuba. I was Washington, DC, March 6, 2009. ject to is anything that would be uni- privileged to work with him in getting Hon. TIMOTHY F. GEITHNER, lateral, that simply would say: We will the clarifications and making sure we Secretary of the Treasury, Department of the do this, that and the other thing and are in a position so human rights activ- Treasury, Washington, DC. expect nothing on behalf of those op- DEAR SECRETARY GEITHNER: We appreciate pressed people of Cuba. We need to ex- ists and political dissidents in Cuba your recent correspondence clarifying the still have their opportunity to create implementation of Sec. 622 of the Omnibus pect that there will be reciprocity of change. Appropriations Act of 2009. As we discussed some type, that there will be steps The PRESIDING OFFICER. The Sen- last night, we continue to have serious con- taken by the Cuban Government con- ator from Florida is recognized. cerns with Section 620. Thank you for your trary to what they seem to have done Mr. NELSON of Florida. Mr. Presi- personal commitment that the Department last week, which is to circle the wag- dent, I commend Senator MENENDEZ for of the Treasury will promulgate regulations ons and hint of more military control the conviction and passion with which pursuant to Section 620 that: of the Government and more repression he comes to this important position of 1. Provide a narrow definition of the eligi- for the people. ble businesses that may travel to Cuba to influencing the Senate on this par- sell agricultural and medical products under I deeply thank both Senators NELSON ticular issue. I likewise wish to say the a general license; and MENENDEZ for what they were able same thing about my colleague from 2. Require written notice to the Office of to accomplish in this misguided piece Florida who has been my good friend Foreign Assets Control (OFAC) in advance of of legislation. I agree with them, it was for 31 years and who comes to this travel to Cuba outlining the purpose and inserted in the dark of night with no issue with equal passion and commit- scope of such travel to Cuba, pursuant to the debate and discussion. The letters and ment. I thank my colleague from Flor- provisions as defined above; the understanding they have reached ida for coming out here on the floor. 3. Require a filing upon return of travel to with the Secretary of the Treasury Cuba by travelers outlining activities con- Even though this issue was negotiated ducted, including persons with whom they handles the problem as it relates to ag- among Senator MENENDEZ and myself met, the amount of expenses incurred, and ricultural sales to Cuba as well as the and Secretary Geithner, he is willing the business conducted; and related licensing for travel relating to to come and stand to embrace the prod- 4. Limit such travelers to the current De- doing business in Cuba. uct of our work. partment of State per diem. We talk often about an embargo. I wish to call to the attention of the Currently, the Office of Foreign Assets This embargo supposedly is limited to Senate that our majority leader, Sen- Control (OFAC) pursues significant enforce- trade sanctions because we sell almost ment with regard to travel regulations relat- ator REID of Nevada, came up to me a billion dollars in agricultural goods ing to Cuba. We would expect that such en- and indicated he supports this and forcement would not be diminished in the ul- to Cuba. We sell medicine. More hu- wanted me to state that to the Senate. timate enforcement of the regulations out- manitarian aid flows to Cuba from here I came to Congress 30 years ago. This lined above. than any other country in the world, issue has been an issue that any Flo- Sincerely, hundreds of thousands, into the bil- ridian has lived with for a long time. I ROBERT MENENDEZ. lions of dollars in remittances that go have supported an economic embargo BILL NELSON. from folks in this country to those in against Cuba along with a ban on tour- Mr. NELSON of Florida. I would like Cuba. Sadly, the Cuban Government ist travel to the island. I am a sup- to engage my colleague from Florida, takes too big a cut out of it. porter of isolating the regime in Ha- Senator MARTINEZ, in this colloquy. I look forward to this implementa- vana and giving the Cuban people the The PRESIDING OFFICER. The Sen- tion, which I think fixes the problem democracy they so desperately seek. ator from Florida. created by this misguided legislation. I The provisions in this omnibus that Mr. MARTINEZ. Mr. President, I thank both the Senators for their yeo- came out of the Appropriations Com- thank my two colleagues from New man work in getting this accom- mittee did not do away with the em- Jersey and Florida for what they have plished. I remain concerned about trav- bargo but did weaken it. I think the had to say but most of all for the work el by family members. While I am not better course is to allow our new Presi- they have done. They have done good one to begrudge anyone who wants to dent to undertake his own review of work. We have stood together, the see an uncle or aunt, there will be a U.S. policy toward Cuba before pushing three of us, along with others but par- need for regulations that will enshrine hasty and ill-advised language through ticularly the three of us with the most what I know will be a different policy

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2935 under President Obama, and I respect the U.S. Government and for other im- It makes strong advances in health that completely. But there needs to be portant initiatives. care. It includes more than $30 billion some regulation about the frequency of This bill includes funding for life- for lifesaving research so that the Na- travel and also about the amount of saving equipment at Florida hospitals, tional Institutes of Health leaves no per diem dollars carried back and forth for sheriffs’ offices, and for police de- stone unturned in the search for treat- to Cuba. I am sure those will be forth- partments to upgrade communications ment for cancer, for diabetes, and the coming down the road. systems or to prevent kids from joining Alzheimer’s that I have watched take I believe it is important we continue street gangs. It provides money for over my strong and proud mother. to request that if there is going to be cleaning up blighted downtown neigh- The bill allows us to immunize an ad- legislating on this topic, that it be borhoods, for retraining workers who ditional 15,000 children against debili- done in the open air, that we have an are losing their jobs, and for projects tating diseases. And it funds the Pa- opportunity for fair debate and for a to save one of the world’s greatest nat- tient Navigator program I established legislative process that is worthy of ural treasures, the Florida Everglades. to help citizens make their way the kind of institution we are. These are just a few of the reasons why through a complicated health care sys- I thank both my colleagues for the this legislation is so important. tem. great work and appreciate the fact that If this bill, shepherded through this The legislation puts resources toward we have been able to maintain what is body by our esteemed chairman of the revitalizing local communities and an important foreign policy initiative Appropriations Committee, Senator keeping families in their homes—be- that should never be disturbed in the INOUYE, were not to pass, NASA’s con- cause the housing crisis is at the root way this was done but should be left in tractors would have to start laying off of our overall economic crisis. It funds the hands of the Executive and be done skilled aerospace workers developing community and economic development carefully, measuredly and after study the replacement of the space shuttle. in over 1,000 cities and towns, gives and consideration. So it is my intention to vote for clo- competitive grants to revitalize neigh- Mr. NELSON of Florida. Mr. Presi- ture on the 2009 omnibus bill, and I borhoods, and renews section 8 vouch- dent, I thank Senator MARTINEZ again. urge our colleagues to do so. ers to help nearly 45,000 families keep a It is important we understand that Mr. President, I yield to Senator place to call home. when we have that full and fair and MENENDEZ. In short, the omnibus makes a broad open debate in the sunshine, we re- The PRESIDING OFFICER (Mr. range of the kind of worthy, needed in- member what Candidate Obama said KAUFMAN). The Chair recognizes the vestments that will help our economy during the campaign. He said what he Senator from New Jersey. recover and our citizens get through wanted to do was go back to the status Mr. MENENDEZ. Thank you, Mr. this difficult time. I am happy to see quo ante on travel to Cuba by family President. the Senate move forward on this vi- members every year instead of once Let me now make some broader com- tally important legislation. Although I every 3 years and to have more remit- ments about the omnibus, having ex- know I am not the only Senator to tances every quarter than was cut back pressed my concerns. And, again, in have felt frustration in this process, I a few years ago by the previous admin- recognition and in light of the assur- wish to take this opportunity to ex- istration. That seems to be common ances we have received on the matter press that I am always open to discus- sense and family value oriented. That that Senator NELSON, Senator MAR- sions with my colleagues, and I hope is what the candidate who became our TINEZ, and I have discussed, I have we can work together in the future to next President articulated. come to the floor today to support the make sure in the greatest deliberative Then once the new President an- omnibus bill. body in the world we will all do our nounces his declaration of that policy, It is an important measure to help part to deliberate before we take sig- we can come out here and openly de- our economy recover and keep essen- nificant action. bate that issue. While there has been tial public services running. It includes With that, Mr. President, I yield the disagreement within this body over the important funding for my home State floor. most effective way for us to help the of New Jersey, including everything The PRESIDING OFFICER. The Sen- Cuban people, I believe if there is to be from an initial burst of capital for a ator from Hawaii. a new strategy toward Cuba, we must new trans-Hudson tunnel—incredibly AMENDMENT NO. 662 have the opportunity for the Com- important to move large numbers of Mr. INOUYE. Mr. President, I rise in mander in Chief to lay it out, not have people across the Hudson River to New opposition to amendment No. 662, an it come from the tinkering of a few York, and also for reverse commutes, amendment offered by the Senator lawmakers inserting language in a for economic opportunity, access to from South Dakota. This amendment must-pass appropriations bill without hospitals, a whole host of critical would prevent the Federal Communica- any opportunity for debate. issues in a way that is promoting mass tions Commission from reinstating the I stand with our Cuban American transit and does so not only in terms of fairness doctrine. families, many of them in Florida, who economic opportunity and an enormous This amendment is totally unneces- have ties to loved ones still on the is- number of jobs that will be created as sary. There is no funding in this bill for land. That is why I support President a result of that but also as it relates to the FCC to reinstate the fairness doc- Obama’s efforts to allow increased fam- the quality of life and the environment trine. This bill does not contain any ily travel once a year, instead of only by moving a lot more people in a high- provisions directing the FCC to rein- once every 3 years, and the increased speed, nonpolluting process versus state the fairness doctrine. remittances to family members. through a car—to support for flood Further, President Obama does not Our job in guiding U.S. foreign policy control and protection of our shore— support reinstating the fairness doc- toward Cuba is to isolate the Castro re- which is incredibly important in terms trine. The FCC repealed this doctrine gime but not to prevent families from of the tourism and fishing industry and in 1987, and has no plans to bring it being able to take care of their loved the economy of New Jersey—to grants back. ones. On the basis of these letters en- that allow local law enforcement to Finally, last week, 87 Senators, in- tered in the RECORD today and on the have the latest technology to help the cluding myself, voted to include a simi- personal assurance of the Secretary of police officer on the beat. lar amendment to the voting rights bill the Treasury, which we appreciate very This bill invests in education, that would prevent the FCC from rein- much, I have been assured by the ad- strengthening our commitment to stating the fairness doctrine, which is ministration as to the implications and science over the next decade so we can exactly what this amendment would enforcement of these regulations. Al- have a workforce that can compete on do. So there is no question about though I agree with many of my col- a global playing field and be second to Democratic support for the position leagues that this omnibus bill is far no one in terms of that ability in those being proposed by the South Dakota from perfect, I believe it is in the best fields that are going to be the competi- Senator. interests of the country to provide the tive future opportunities for our citi- I wish to take a few seconds and talk badly needed operational funding for zens and for our Nation. about the history of this issue. The

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.029 S10MRPT1 smartinez on PROD1PC64 with SENATE S2936 CONGRESSIONAL RECORD — SENATE March 10, 2009 fairness doctrine, which was originally provides time to the authorizing com- dealing with the DC Opportunity adopted by the FCC in 1949—60 years mittees to address this issue through Scholarship Program we have here in ago—is a concept that broadcasters the authorizing process. the District of Columbia. Currently, should cover issues fairly, allowing for I oppose that amendment. 1,700 children from lower income fami- different viewpoints to be presented in AMENDMENT NO. 674 lies are able to attend a private school a balanced way. Mr. President, now, if I may, I wish with a $7,500 voucher thanks to this I agree with the goals the fairness to speak on another amendment. This program, a program we implemented doctrine advanced, but the need for is amendment No. 674, which would about 5 years ago. this policy today has become obsolete. prohibit the use of funds to implement It seems the No. 1 priority for the In the 1950s, there were only three na- Executive Order 13496 which was issued National Education Association, one of tionwide broadcast stations—NBC, on January 30 of this year. the largest unions in the country, is to ABC, and CBS. There was a legitimate This Executive order requires Fed- eliminate this program. We are talking public concern that the small number eral contractors to post a notice in- about real children here. These are two of media outlets could abuse their forming workers of their existing labor of the kids who attend school with power and present a biased public agen- rights under Federal labor laws. The President Obama’s children. It is a da. At that time, the fairness doctrine pending amendment, however, pro- great school. The President and Mrs. was the right answer to a small and hibits President Obama’s order from Obama could afford to send their kids heavily concentrated media world. being implemented unless it uses the to any school. They chose this par- A lot has changed since the 1950s. same exact language as a prejudiced ticular school because it is an excellent Technology has exploded. There are order issued by former President school. They chose not to send them to more ways than ever to hear a variety George W. Bush in 2001. a public school in Washington, DC. of perspectives and opinions on any The Bush Executive order required After seeing some of the statistics on number of issues. There are hundreds Federal contractors to post a Federal the DC public schools, it doesn’t sur- of channels on cable TV. We have pub- labor rights notice, but that notice prise me. Why should these two happy, lic broadcasting, which was non- only provided one-sided material about healthy kids who are enrolled at the existent at that time. We have more the right to not join a union or pay cer- same school as the President’s children than 14,000 AM and FM radio stations, tain union dues. Unlike President be forced to leave? The bill before us allows the program and hundreds of satellite radio sta- Bush’s order, President Obama’s execu- to continue for one more year, then, if tions. We also have the Internet. tive order does not limit the notice to not reauthorized and approved by the As I stated earlier, the FCC repealed pro- or anti-union material, and it does DC City Council, the bill de-funds the the provision in 1987, and has no plans not dictate what specific language program and forces 1,700 children out of to reinstate this doctrine. The amend- must be used. It simply requires the private schools where they are happy, ment is simply an attempt to take an Department of Labor to issue guide- issue on which a vast majority of the healthy and learning. lines within 120 days from January 30 I quoted these statistics earlier: Members of this Chamber voted in of this year about the notice, and for forty-five percent of Senators and 37 agreement last week and offer it to an the notice to be more comprehensive percent of members of the House send unrelated bill of significant importance and informative than the Bush Execu- their children to private schools. That to the day-to-day operation of our Gov- tive order. is almost four times the rate of the ernment. Mandating that the one-sided Execu- general population. Quality education It does not belong in this bill. I urge tive order from the previous adminis- shouldn’t be only for a privileged few. my colleagues to oppose this matter so tration be restored defies logic. Many We should be able to send kids such as we can send the bill to the President of new federally funded projects to im- Sarah and James here to the schools the United States. prove our Nation’s infrastructure are where they can get a better education, AMENDMENT NO. 604 underway and productive labor rela- where they are safer. Mr. President, if I may, I wish to tions are more important than ever. The safety of DC public schools is a speak on another amendment. This is Ensuring that workers are aware of major concern. One-half of all teen- amendment No. 604. their rights promotes better working agers attending DC public schools are The bill before us, the Omnibus ap- relationships between labor and con- in a school that has enough criminal propriations bill, would provide fund- tractors. activity to be classified as persistently ing for the majority of the Federal De- Federal law gives the President dis- dangerous. In school year 2006–2007, DC partments which have been funded cretion to determine what is in this no- Metropolitan Police reported that over under a continuing resolution since Oc- tice. President Bush exercised that 6,500 crimes were committed in D.C. tober of 2008. right during the 8 years he served as public schools. Too many of these This bill, the omnibus bill, is not an President, and issued an Executive schools are not safe. authorization bill. At the request of order on this matter that many of us in It is a civil right to get a good edu- both the chairman and ranking mem- this Chamber believed to be one sided. cation. So we came up with a plan a ber of the authorizing committee of ju- President Obama deserves the same au- few years ago that took up to 2,000 poor risdiction, this bill includes a simple 1- thority and discretion that was af- children in the metro DC area and sent year extension of the E-Verify employ- forded to President Bush to issue Exec- them to a school of their parents’ ment verification system, known as utive orders. The Congress should not choice. Washington, DC, spends more the Basic Pilot Program, and includes take steps to intercede on this matter than any school District in America a simple extension of the EB–5 pro- by adopting this amendment and, per student. The District of Columbia gram. therefore, I urge my colleagues to vote spends over $15,000 per student per The Appropriations Committee chose no. year—three times as much as we spend not to include the controversial au- Mr. President, I yield the floor. in my home State of Nevada. Yet the thorization measures associated with I suggest the absence of a quorum. public schools are failing here in Wash- the E-Verify Program. Rather, the ex- The PRESIDING OFFICER. The ington. So we decided to design a pro- tension provided in the Omnibus appro- clerk will call the roll. gram to see if we can help some of priations bill provides the authorizing The assistant legislative clerk pro- those kids escape the failing public committee ample time during this ses- ceeded to call the roll. schools in Washington. We thought: if sion of Congress to consider the 6-year Mr. ENSIGN. Mr. President, I ask it works as a pilot project, maybe we authorizing legislation contained in unanimous consent that the order for can expand it to other places. this amendment. the quorum call be rescinded. Well, the National Education Asso- The continuing resolution expires at The PRESIDING OFFICER. Without ciation has come out with their No. 1 midnight this Wednesday, March 11 objection, it is so ordered. priority, which is to destroy this pro- and, therefore, I urge my colleagues to AMENDMENT NO. 615 gram. My question is, Why? I believe oppose this controversial authorization Mr. ENSIGN. Mr. President, I wish to they are afraid this program is work- language, particularly since this bill speak once again about my amendment ing, so it is a threat to their power. It

VerDate Nov 24 2008 01:44 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.030 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2937 is a threat to union member dues. That There have been some studies quoted Mr. SESSIONS. Mr. President, I ask is unfortunate because when it comes here claiming that this program wasn’t unanimous consent that the order for to education, our only concern should working. First of all, the studies were the quorum call be rescinded. be in the quality of education for our incredibly flawed. We pointed out all of The PRESIDING OFFICER. Without children. They need that kind of qual- the flaws of the study. But we just have objection, it is so ordered. ity education to compete in the 21st to ask ourselves, if 45% of the Senators AMENDMENT NO. 604 century. send their kids to private schools, and Mr. SESSIONS. Mr. President, I hope I have a couple other kids to tell my they pay a lot of money to do that, that in a little bit we will vote in favor colleagues about. would they do that if they thought the of the amendment I have offered to ex- This is Sanya. She is a beautiful, educational opportunity was inferior? tend the E-Verify system for 5 years. It happy young lady, and is receiving a Of course not. It just makes common is time we do that. It is a proven, effec- great education in a private school sense. Do you think the parents of tive system that brings integrity to here in DC. Today, she has a 3.95 GPA. these 1,700 children would voluntarily our immigration system. She is the vice president of her class. send their kids to the DC schools of The E-Verify system is up and work- She is the captain of her soccer team, their choice if these schools were infe- ing today all over America. Between a player on the lacrosse team, presi- rior or if their kids weren’t getting a 1,000 and 2,000 businesses a week are dent of the International Club, and she better education? Well, of course not. signing up voluntarily. Over 112,000 have already signed up. When an appli- is a peer minister. She is a future lead- This is what President Obama’s Edu- cant submits an application for a posi- er whom we are going to be taking out cation Secretary said about the DC tion with a company, the company can of the school she loves if this bill is en- scholarship program. He said: input their Social Security number acted without my amendment. It is a mistake to take kids out of a school Rashawn is 16 years old and a hand- into an electronic system, and the where they’re happy and safe and satisfied. I computer checks it to see whether it is some devil. He started school in 1996. think those kids need to stay in their school. His father had him tested and found a valid Social Security number. So we need to adopt my amendment People who are not authorized to be out he was 3 years behind his grade to keep the DC scholarship program in the U.S. know they can use any So- level. The scholarship program pro- funded. It is the right thing to do for cial Security number you choose. We vided him the opportunity to go to the these kids. Showing them we care more found a few years ago that hundreds of Academia De La Recta Christian Day about their education than we do some people were using the exact same So- School. Rashawn said he can now do special interest group is the right thing cial Security number to get a job. Peo- his classwork with very little help be- to do. ple were also using the same fake ID cause of the scholarship. His sister, So I urge all of my colleagues, when and getting jobs in that fashion. E- Dominique, who is 14 years of age, is they are voting, to think of Ronald. Verify is a program that would help now attending the same school, and Think of the kids we have talked about eliminate the jobs magnet, the ability these are her words. She says: ‘‘I love and many others. Instead of doing of a person who enters America ille- my school now. I am working on my away with this program, let’s study it. gally to get a job. If employees aren’t level on my grade.’’ Let’s study what is working about it. If authorized to work after they have Do we really want to take these kids been checked through E-Verify, nobody out of their schools? Do we really want it is working, let’s expand it to other places in the country. will be arrested. Police officers are to do that? We have to ask ourselves, going to be called out. Nobody is going Do we want to protect this bill and the America leads the world when it comes to higher education. Our col- to be put in jail under this system. special interests this bill is addressing What would happen is the employer so much that we are actually going to leges and universities are the best. One of the reasons they are the best is be- would simply say: You don’t qualify. pull 1,700 children from lower income You are not a legal resident. If there is families out of the schools they are at- cause you can take a GI bill, student loan or Pell grant, and you have the any doubt about it, the applicant has a tending today? I think it is uncon- mechanism to very quickly validate scionable that we are going to be doing opportunity to attend any college you desire. You have a choice. About 5 their status if they have a legitimate that. status to validate. It can make a big Breanna Williams is 9 years of age years ago, this program gave these kids a choice. Our public, K–12 school sys- difference. and in the fourth grade. She loves her The Heritage Foundation and I be- new school, St. Peters. She is getting tem is in bad shape when compared to the rest of the industrialized world. We lieve the Center for Immigration Stud- all A’s and B’s. She loves to read and is ies a few days ago did a study, and they are falling behind, especially in reading at a level above her grade. In estimate that under the stimulus bill, science, math and in the technical addition, Breanna plays clarinet in the 300,000 people who are not legally fields. If we want our kids to have the school band. When she grows up, she American will be given jobs. wants to be a translator and travel the chance to compete in the 21st century, My colleagues probably saw the arti- world. we have to improve our school system. cle—I am sure many of my colleagues Lastly, I wish to tell my colleagues One of the ways to do that is through did—a couple of days ago where 700 about Ronald Holassie. He is currently competition. This is just a little exper- people signed up for a janitor’s job in Washington, DC’s deputy youth mayor. iment and a little competition that Ohio. The American people are seeing I had the honor of meeting this young some people now want to come to this an increase in unemployment. I don’t man, and I had the honor of meeting floor and destroy. think the numbers are going to reach his little brother, Richard. His little So let’s think of these kids, and let’s as high as they did in the 1980s—at brother, Richard, 8 years of age, came think of kids all over America when we least that is the testimony we just had to our press conference and stole the are thinking about the educational at the Budget Committee at two dif- show. These are two incredibly bright choices we are going to be making in ferent hearings—where employment young men. Ronald, a tenth grader, the Senate. Let’s give children in DC a reached 9.4 percent, 8.6 percent. People runs track, he is studying physics, choice. We, as senators, are fortunate were estimating what unemployment mentoring middle-school students, and enough to have a choice for our chil- will reach. I don’t know what it will absolutely loves every minute of it. As dren. Forty-five percent of the Sen- reach, but I know a lot of good people the Youth Deputy Mayor, he considers ators chose private schools, including are out of work and looking for a job. saving this program his chief legisla- the chief opponent of this amendment, We created a stimulus package, $800 tive priority, because he has seen what Senator DURBIN. billion worth, and that stimulus pack- it has done for him and what it has I thank the Chair. I yield the floor, age was supposed to create jobs. The done for his little brother. and I suggest the absence of a quorum. President says he wants to create 3 So individually and collectively The PRESIDING OFFICER. The million, and we have just been given a these programs are working. We just clerk will call the roll. report that says almost 10 percent of have to put ourselves in a common- The assistant legislative clerk pro- those jobs could go to people who are sense position. ceeded to call the roll. in the country unlawfully.

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.034 S10MRPT1 smartinez on PROD1PC64 with SENATE S2938 CONGRESSIONAL RECORD — SENATE March 10, 2009 Let me just say as an aside some- legislation. That is how the stimulus time the vote on the DeMint amend- thing that worries me. I think every package passed without any E-Verify ment was merely a political game on Member of this Congress should be wor- extension. I think it has expired now, the part of some of my colleagues to ried about it. Under President Bush’s actually. mask their true intent to regulate Executive order 12989, which was sup- We need a long-term extension be- broadcast media, and I suspect the vote posed to be implemented in February cause it is going to cause businesses on this amendment will be different. I of this year, every business that got a that don’t use it to wonder whether encourage my colleagues on the other contract with the U.S. Government they should sign up if they do not even side of the aisle to hold true to their must use the E-Verify system. As I know it is going to be a continuing sys- earlier conviction and pass this meas- said, over 112,000 are using it volun- tem. It would be very bad. ure by an equally substantial margin. tarily today. The new Secretary of Homeland Se- A lot of mail went out after that What worries me is that President curity, Secretary Napalitano, Presi- vote. People were talking about how Obama pushed back implementation of dent Obama’s Secretary, says she does they were going to protect first amend- that Executive Order. He has now put favor this program. Michael Chertoff, ment rights, and we were not going to it off until May 21. At the same time, the previous Secretary of Homeland try to infringe on the airwaves with our Democratic leadership is blocking Security, strongly supported this pro- the fairness doctrine. an effort to make E-Verify permanent gram. A bipartisan group of people sup- While reinstatement of the fairness or even extend it for just 5 years. port it. We need to extend it. We need doctrine still poses a threat to free What does that signal, I ask? Do we to actually make it permanent, and we speech on the airwaves, the debate over want people here unlawfully in this need to make it apply to all Govern- Government regulation of broadcast country to get jobs working for the ment contractors, as even President media has changed. Media ownership Government when there are hundreds Bush required in his Executive order, diversity and broadcast localism are of people applying for a janitor’s job? which has now been abrogated by the new liberal tools they intend to use Do we want contractors who hire President Obama. to regulate the airwaves. illegals to get Government work while To sum up, this amendment does not Two weeks ago, in a straight party- Americans cannot get the jobs? I don’t make E-Verify required for Govern- line vote, Democrats chose to adopt an think so. ment contractors. All it does is extend amendment—it was amendment No. 591 I will just say with regard to extend- the E-Verify system for another 5 sponsored by Senator RICHARD DURBIN ing the E-Verify Program, in the House years. I cannot imagine we would let of Illinois—which calls on the FCC to they had a square vote on it last July. this cornerstone of a plan to establish ‘‘encourage and promote diversity in It passed 407 to 2. So now we are not a lawful system of immigration to ex- communication media ownership and going to put that in this legislation. I pire. We are on the verge of that now. to ensure that broadcast station li- was blocked 3 times in my attempt to I urge my colleagues to support this censes are used in the public interest.’’ That is very nebulous, very vague get a vote on the amendment as part of amendment. language, just enough to scare people the stimulus package. At least, I have I yield the floor. who are in business but not enough to to say, I am pleased I will apparently The PRESIDING OFFICER. The define what they are trying to do. get a vote on this bill. But I am trou- Chair recognizes the Senator from There is no indication in the legisla- bled with what I am hearing that the Oklahoma. tion as to what ‘‘encourage and pro- leadership is going to put pressure on AMENDMENT NO. 622 mote diversity’’ and ‘‘in the public in- Mr. INHOFE. Mr. President, one of Democratic Members to vote no. There terest’’ means. These clauses can be in- the amendments we are going to have is a majority there, and if they do, it terpreted by the FCC in any manner will not even pass today. the opportunity to vote on this after- they choose. I urge my colleagues to listen to the noon is the Thune amendment. I have The Durbin doctrine, as I refer to it, telephone calls. I am getting calls ask- some strong feelings about it. I wish to is legislation that is so incredibly ing that I vote for it. It is my amend- make a couple observations that I vague and so potentially far reaching ment. People care about this issue. The think are necessary dealing with the that there is no certainty what the end American people wonder what it is we fairness doctrine. result will be. This is not good govern- are doing here. Do we not get it? Do we As indicated by the vote on Senator ance. This is not a good idea. not understand what this is all about? DEMINT’s amendment to the DC Voting Another threat to our freedom of It is about a jobs package to create Rights Act, any attempt on the part of speech is a proposal called broadcast jobs for lawful American workers. They any Senator to reinstate the fairness localism. We have two different issues. can be noncitizens, but they need to be doctrine clearly goes against the will We have localism and then we have, of lawfully present in the country. of Congress and the American people. course, the diversity issue. Neither one The first thing you do in dealing with It is a dangerous policy to enact more is well defined. The FCC gave notice of a situation of illegality is stop reward- Government policing of our airwaves. proposed localism regulations in Janu- ing it. You do not give them good jobs. With the onset of the Internet and ary of 2008. While the proposal was ulti- I am amazed there is an objection to other media technology, there are mately dropped, it is indicative of fu- this amendment. I had a suspicion that countless sources of information at our ture attempts to regulate the airwaves a move was afoot to keep my amend- fingertips. I can remember, and you and is something all Americans need to ment from passing on the stimulus bill, can remember, I say to the Chair, know about. and that turned out to be correct. In many years ago when we had nothing Among other things, the proposal addition to a 5 year extension, the but three networks, and we didn’t even would have required radio stations to House accepted an amendment making have talk shows at that time. Then adhere to programming advice from E-Verify mandatory for stimulus CNN came along. I guess it was the community advisory boards. It doesn’t money recipients without objection in first cable network. say what kind of advice. It doesn’t say the House Appropriations Committee. At the time, there was limited oppor- who these boards are. It could be It was in their bill, but Senate leader- tunity. As it is now, with all the infor- ACORN. It could be just about any- ship was able to block us from getting mation that is going around, that is no body, I suppose. Then to report every 3 a vote on it. So we did not get a vote longer a problem. months on the content of their pro- and it was not in the Senate bill. Senator DEMINT’s amendment ad- gramming, they have to report what What happened when they went to dressed this issue. It was similar to the the content is when it has been a mat- conference? Speaker PELOSI and the intent of the Thune amendment that ter of public record anyway. They talk majority leader meet. They control the will be coming up this afternoon. The about how their program reflects the conference. And, oh, goodness, they de- DeMint amendment was adopted by a community interest. If you have one cided the House would concede and the margin of 87 to 11. One would believe, biased source of localism, they can dic- amendment would be taken out of the then, that the Thune amendment tate the content of broadcast material. bill. Since the Senate had not put it in would pass by an equally substantial The localism rule, if it were promul- the bill, it would be stripped from the margin. However, it was obvious at the gated, would mean that radio stations

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.034 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2939 would have to comply with blanket those overseas, and it was 97 percent The first amendment I offered in the regulations and broadcast program- wanting the market to determine—in committee said: I hope all the teachers ming that may not be commercially other words, the conservative type of in the DC voucher private schools will viable and be forced to take into ac- programming. have college degrees. That amendment count the advice of community advi- I hope when the Thune amendment was defeated. The argument was made sory boards over their regular lis- comes up that we will support it. To do that we shouldn’t restrict the teachers teners. otherwise, to me, is a little bit dis- in those schools, who may be nontradi- Right now it is market driven. That ingenuous and would show that the 87 tional. They may not have a college di- is what people do not understand. The people who voted in favor of the ploma. Though we require in the public reason we have content—I admit it is DeMint amendment are not really con- schools that all teachers have college biased on the conservative side because cerned about it. degrees, they didn’t want to require most people are biased on the conserv- I have often been concerned. I hear that in the DC voucher schools. ative side. In my State of Oklahoma, it all over my State of Oklahoma that it The second amendment I offered said does not matter if you are Democrat or is a tough enough business to deal the buildings where the DC voucher Republican. They are people who are with, to have a station that makes schools are being conducted should conservative. They want limited Gov- money and survives. On the issue of lo- meet the basic life safety codes—health ernment. They want limited taxation. I calism, Kevin Potter told me: We pay and fire safety code of the District of think Oklahoma is not the only State attention to localism because we have Columbia. That was rejected as well that is unique in that respect. Al- to sell products. We interrupt these na- because these would be nontraditional though the rule was ultimately aban- tionally syndicated programs with buildings. Now what kind of comfort doned, President Obama has expressed weather reports and with all the local does that give a parent whose kids are support for a new localism regulation, things. going to school—whether it is a public and it is expected to come up again So localism is there, and it is there school, a charter school or a voucher under this administration. because the market demands it, not be- school—if there is any question of safe- Both localism and diversity—those cause Government says you have to do ty? But my amendment was rejected. are the keywords—in media ownership it. I just think, let’s let the market The third amendment I suggested will force radio stations to comply take its effect. I will certainly support was one I thought was only fair. If we with blanket regulations and to broad- the Thune amendment and hope that are trying to create a private school cast programming that is not commer- our colleagues will do what they did voucher so students can have a better cially viable rather than taking into with the DeMint amendment. learning opportunity, at the end of a account the needs of their commu- I yield the floor. year or two we need to measure suc- nities. The PRESIDING OFFICER. The Sen- cess. The only way to measure success I was in Bartonsville, OK, last week. ator from Illinois. is if the DC Public Schools and the There is a guy up there named Kevin AMENDMENT NO. 615 voucher schools use the same achieve- Potter who owns a station. That is his Mr. DURBIN. Mr. President, later ment test so we can see if a fourth or whole livelihood. He has been doing it this afternoon, the Senate will consider fifth grader in one school or the other for as many years as I can remember. an amendment by the Senator from Ne- is doing better. That was rejected too. It is a very competitive business he is vada, Mr. ENSIGN, relative to the DC They wanted no comparison. in. He has to comply with something if Voucher Program. Senator ENSIGN has Excuse me if I am suspicious of this it is specific, but this is so nebulous he been on the floor several times today program if you can’t mandate bach- doesn’t know what he has to comply to discuss this program. I wanted to elor’s degrees for teachers, if you can’t with. He is panicking that they would make certain the record was clear on mandate the buildings pass the health have the power under this new regula- both sides as to the issue before us. and safety code of the District of Co- tion to shut him down. This was an experimental program lumbia, and you can’t mandate they I think what is most concerning to that was started 5 years ago. At that have the same basic tests so we can me is the enforcement procedure for time, under the Bush administration, compare them. So I went into this breaches of localism and diversity. Cer- with a Republican Congress, they made skeptical. I thought the fix was on. tainly, no one has been able to deter- a proposal to the District of Columbia. They were going to create this program mine what that is or what the defini- They basically said: We will give you with few, if any, rules and take it or tion is. somewhere in the range of $14 million leave it. Senator DURBIN’s amendment re- to $18 million for your public schools— Well, it went forward and it was quires affirmative action on the part of which any school district would gladly funded. After a year or two, the De- the FCC stating ‘‘the Commission shall accept—and another $14 million to $18 partment of Education and the General take actions to encourage and promote million for your charter schools if you Accountability Office took a look at it diversity.’’ It doesn’t stipulate what will use a similar amount to start a DC and they raised serious questions about actions or to what degree but instead voucher program. So we started this all this money—these millions of dol- leaves the enforcement mechanism up program 5 years ago and had some $14 lars coming into this program in a to the determination of the FCC, which to $18 million, and it was said to the hurry—and whether they had the prop- is likely to be emboldened by the af- District of Columbia, we will pay tui- er management techniques, whether firmative language of the amendment. tion, we will give families up to $7,500 they were handling the money right, I find it to be extremely dangerous and to pay the tuition of children who want whether they were giving it out prop- this, too, should be a concern of every- to attend private schools. erly, and whether the right families one. The argument was made that the DC were receiving it—some fundamental We tried to do this on the Senate Public Schools were not as good as accounting and bookkeeping issues floor, I think it was 2 years ago, when they should be; that many of these which we should ask of every program, there was an objection that most of the children would have a much better op- particularly those using taxpayers’ broadcast radio talk shows and tele- portunity if they attended these vouch- money. So there was a question of the vision shows were biased on the con- er schools. So this was an experiment. administration of the program. Then servative side. I admit they are. There It had never been tried before. There they went on to find some things which is no question about that. was some controversy associated with were troubling. For example, the GAO There was an attempt made—I think it. I offered amendments in the Appro- report said schools that didn’t tradi- it was Senator HARKIN at that time—to priations Committee to try to establish tionally charge tuition were now being change the content of what our troops what kind of standards there would be funded. In other words, they were free overseas would be listening to on the at these DC voucher schools. In fact, I schools before we created this program overseas radio. thought my amendments were rather and now they were charging tuition. Frankly, that probably would have straightforward—the kind of amend- What does that mean? For the school passed. We arranged to have a survey ments most people would take for year 2006–2007, they offered scholar- done through the Army Times of all granted. ships to about 30 students in one of

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.036 S10MRPT1 smartinez on PROD1PC64 with SENATE S2940 CONGRESSIONAL RECORD — SENATE March 10, 2009 these schools, and a school that tradi- program, which would have happened In the recent version of the Catholic tionally had asked only for a small without an authorization, I extended it newspaper here, which was published in monthly fee as a sign of commitment 1 year so it will cover the students in the Washington, DC, area—and I will to the school. They raised their money these programs for the school year not read it in detail—there was some from charity and donors. Now, since 2009–2010. language about how a reauthorization the Federal Government was here with I thought that was fair. And I said in could take years. Well, that is not the this DC voucher scholarship program, that period of time Congress had to do fact. It can be done on a very expedi- they decided that 30 of their students its job. We had to go in and ask these tious basis by the committee. Senator should qualify for these scholarships. questions about the schools: Are they REID, the majority leader, has said he Well, that comes out to $210,000 being working? Are they worth the money will bring this matter to the floor for spent by the Federal Government in a spent? Are the teachers doing a good consideration. school that traditionally didn’t even job? Are the students better off at the Let us assess where we are with this charge tuition. Does that raise a ques- end of the day? DC voucher program, which would have Senator ENSIGN has brought some tion? It raised a question in my mind. expired in June of this year. We have impressive photographs of young stu- They also found out there were a extended it another year. We have said dents who have been successful using number of schools that lacked these oc- the 1,700 students are protected. They this program, but we have to ask about cupancy certificates. Even after I of- can continue to go to the schools they fered this amendment raising a ques- 1,700 students and what is working and what isn’t. are attending right now. We have said tion about the safety of the schools, that in that period of time Congress the schools went on to operate without The second thing we said in the bill which we are considering is that this is will take a look at the program and de- filing the adequate certificates with cide if the money is well spent and the District of Columbia—the City of a program that affects one public school district—Washington, DC—that then report a bill if they want to reau- Washington, DC—that they were safe thorize the program to the Senate floor and that they, in fact, offered the kind is managed by the DC City Council. I believe that if they are going to extend for consideration. I think that is fair. of facilities they said they did. The I hope those who are opposed to my GAO report said District officials pro- this program beyond next school year, the government of Washington, DC, language in this bill can come before vided documentation indicating that 3 should decide whether they want it in the Senate and explain the alternative. of 18 schools the GAO selected for re- their school district. I wouldn’t want it If we are going to continue this pro- view lacked certificates of occupancy— in Chicago—which I am proud to rep- gram, literally for millions of dollars 3 out of 18. Six of them had permits resent, or in Springfield, IL, my home- each year, and never ask any ques- that did not specify their use as a pri- town—to have someone come in from tions, it is not only unfair to tax- vate school, child development center the Federal Government and say: We payers, it is unfair to the students. We or before and after school care center, are creating a new school program have to make sure this is working and and 7 of the 18 appeared to have occu- here. We don’t care what the local vot- working effectively. pancy permits that designated use as ers say or the local school board says. I had it within my power, I believe, child development centers with before We are from the Federal Government; to have ended this program, as prom- and after school care. we are only here to help you. ised, in June of 2009. I didn’t do it. I ex- It turned out there wasn’t a con- I don’t buy that logic. So we said tended it for an additional year. So sistent presentation by these schools of those two things are required: Reau- those who argue the language in this what they were. They included in the thorize the program, have the DC City bill kills this program are ignoring the GAO report photos of two of these Council approve the program, and then obvious. schools. One of these schools looked we can consider going forward. Now, Mr. President, I yield the floor. like a single-family residence in a the committee that considers this re- neighborhood where they were sup- AMENDMENT NO. 665, WITHDRAWN authorization is not a hostile and Mr. REID. Mr. President, I ask unan- posedly holding school in the base- angry committee. It is chaired by Sen- ment. Another one looked like some imous consent that at 4:15 p.m. today, ator JOE LIEBERMAN from Connecticut, the Senate proceed to vote in relation kind of commercial building. It didn’t who has expressed his support for the to the following amendments in the look like a school at all. It raised a DC voucher program. So it isn’t as if I order listed, with the time until 4:15 question in my mind as to why we am sending it to a committee that is p.m. equally divided and controlled be- would allow them to get by with this. going to deep six it and forget it. He is tween the leaders or their designees, If they were receiving Federal money going to have a hearing about the fu- that the Bunning amendment No. 665 to sustain their program, at a min- ture of the DC voucher schools. Sen- be withdrawn as soon as this order is imum they ought to have teachers with ator ENSIGN, who comes to the floor entered: Cornyn No. 673; Cornyn No. a bachelor’s degree, they ought to meet and argues we should not ask the ques- 674; Thune No. 662; Sessions No. 604; the requirements of safety, and they tions, we should not demand reauthor- Ensign No. 615; that there be 4 minutes ought to have a test they can compare ization, we should not ask the DC City with the DC Public Schools. They Council whether they want the pro- equally divided and controlled prior to didn’t. gram to continue, is also a member of the Ensign vote; and Vitter No. 621; Now, what happened? The program that committee. So he will have his provided further that prior to the vote was 5 years in duration. It was de- chance under the bill that is before us in relation to amendment No. 621, the scribed as a pilot program—an experi- to make this evaluation. majority leader be recognized, and that mental program—and the idea was, at Now, let me be very candid about the time the majority leader consumes the end of the day, to take a measure- this. Half the students are in Catholic not count as time against the debate ment as to whether this worked: Did schools. The archdiocese of Washington time previously provided under the or- this provide better education for the is offering education to many of these ders of March 6 and 9; further that the millions of dollars we put into it? Well, students. I have had teachers and par- other relevant provisions of those pre- if we followed the law, that program ents and others who have come to me vious orders remain in effect. would have expired in June of this and said it is working. A lot of these The PRESIDING OFFICER. Is there year. I was in charge of the Appropria- kids who otherwise wouldn’t be getting objection? tions Committee for the District of Co- a good education are getting a good Without objection, it is so ordered. lumbia, and I decided that wasn’t fair education. I don’t believe the arch- Under the previous order, amend- to the 1,700 students currently in the diocese and schools should be fright- ment No. 665 is withdrawn. DC voucher scholarship program. To ened by this examination. If they are Mr. DURBIN. Mr. President, I sug- cut them off as of June of this year, doing what they say they are doing— gest the absence of a quorum. without any certainty as to what is and I trust they are—this examination The PRESIDING OFFICER. The going to happen the next year, I is going to prove it, and they are going clerk will call the roll. thought was unfair to the students and to find out, at the end of the day, that The bill clerk proceeded to call the their families. So instead of ending the the money is being well spent. roll.

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.037 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2941 Mr. DURBIN. Mr. President, I ask The States need the ability to en- Mr. NELSON of Florida. Mr. Presi- unanimous consent that the order for force what the FTC is doing in their dent, I move to reconsider the vote. the quorum call be rescinded. State. Occasionally State governments Mr. BEGICH. I move to lay that mo- The PRESIDING OFFICER. Without do not have adequate resources or the tion on the table. objection, it is so ordered. expertise on these very complicated The motion to lay on the table was Mr. DURBIN. Mr. President, I ask matters. Sometimes they need outside agreed to. unanimous consent that during the counsel. And in order to get outside AMENDMENT NO. 674 quorum call the time remaining be- counsel, they need to put that in a con- The PRESIDING OFFICER. Under tween now and the time the vote is tingency fee in many cases. the previous order, there will now be 2 scheduled be evenly divided between Also, I have great concern that this minutes of debate equally divided prior the two sides. amendment may be unconstitutional. I to a vote in relation to amendment No. The PRESIDING OFFICER. Without am not sure that the Congress can 674 offered by the Senator from Texas, objection, it is so ordered. limit the States’ ability to bring an ac- Mr. CORNYN. Mr. DURBIN. Mr. President, I sug- tion or to structure a contract for out- Mr. CORNYN. Mr. President, my gest the absence of a quorum. side counsel. amendment would protect workers’ The PRESIDING OFFICER. The So for those three reasons, I would paychecks and promote transparency. clerk will call the roll. respectfully ask my colleagues to vote Currently, the NLRB permits an em- The bill clerk proceeded to call the against the Cornyn amendment. ployer and union to enter into a con- I thank everybody for their hard roll. tract that requires all employees in a Mr. REID. Mr. President, I ask unan- work. I yield the floor. bargaining unit to pay union dues as a imous consent that the order for the condition of employment whether or quorum call be rescinded. The PRESIDING OFFICER. The question is on agreeing to the amend- not the employee actually is a member The PRESIDING OFFICER (Mr. NEL- ment. of the union. SON of Nebraska.) Without objection, it Mr. CORNYN. Mr. President, I ask In a Supreme Court case recently, is so ordered. for the yeas and nays. Communication Workers v. Beck, the AMENDMENT NO. 673 The PRESIDING OFFICER. Is there a Court ruled that nonunion workers The PRESIDING OFFICER. Under sufficient second? could get a refund for that portion of the previous order, there will now be 2 There appears to be a sufficient sec- their dues which would be used for po- minutes of debate equally divided prior ond. litical action or other purposes other to a vote in relation to amendment No. The clerk will call the roll. than collective bargaining. President 673, offered by the Senator from Texas, The bill clerk called the roll. Obama has now changed the rules by Mr. CORNYN. Mr. DURBIN. I announce that the Executive order, and now Federal con- The Senator from Texas is recog- Senator from New York (Mrs. tractors are no longer required to post nized. GILLIBRAND) and the Senator from Mas- signs in the workplace informing work- Mr. CORNYN. Mr. President, if sachusetts (Mr. KENNEDY) are nec- ers of their rights regarding union amendment No. 673 is adopted, State essarily absent. dues. President Obama’s Executive attorneys general could still enforce Mr. KYL. The following Senator is order does not change the law, for the Truth in Lending Act, they can necessarily absent: the Senator from workers are still entitled to the refund. still hire outside counsel, they just Nebraska (Mr. JOHANNS). It is just that now, under the Executive The PRESIDING OFFICER. Are there could not do so on a contingency fee order, employers don’t have to tell the any other Senators in the Chamber de- basis. workers of their rights, which they siring to vote? Contingency fee contracts offer three should. hazards in this context that are not The result was announced—yeas 32, nays 64, as follows: My amendment prohibits omnibus presented with more traditional fee ar- funds from being used for this provi- [Rollcall Vote No. 90 Leg.] rangements. First, there is a serious sion of the Executive order. I ask my YEAS—32 risk of overcompensating the lawyer at colleagues for their support. a loss to taxpayers, since typically Alexander Cornyn McCain The PRESIDING OFFICER. Who they work on 30 percent up to 50 per- Barrasso DeMint McConnell Bond Ensign Murkowski yields time in opposition? cent of whatever is recovered goes to Brownback Enzi Roberts Mr. DURBIN. Mr. President, I rise to the lawyers and not to the taxpayers, Bunning Grassley Sessions oppose the Cornyn amendment and as should be the case. Burr Gregg Snowe Chambliss Hutchison urge my colleagues to oppose it as well. Second, the proposed prospect of con- Thune On January 30, President Obama Coburn Inhofe Vitter tingency fees actually creates an in- Cochran Isakson Voinovich issued Executive Order 13496 to inform Collins Kyl centive for trial lawyers to encourage Wicker Federal contractor employees of their Corker Lugar litigation that State would not other- rights under Federal labor law. Under wise bring. State attorneys general NAYS—64 the Executive order, there are 120 days could initiate this litigation when it is Akaka Graham Nelson (FL) of rulemaking to prescribe the size, in the public interest. With contin- Baucus Hagan Nelson (NE) form, and content of this notice to be gency arrangements, too often the law- Bayh Harkin Pryor Begich Hatch Reed posted. In other words, it is underway yer decides who should initiate the Bennet Inouye Reid at this moment. case because, of course, of the profit Bennett Johnson Risch I am opposed to this amendment be- motive. And this undermines the cur- Bingaman Kaufman Rockefeller cause we didn’t restrict the ability of Boxer Kerry Sanders rent regulatory regime. Brown Klobuchar former President Bush to inform em- Schumer Third, contingency fee agreements Burris Kohl Shaheen ployees of Federal employers of their Byrd Landrieu have been proven to be a temptation Shelby labor rights. We should allow President Cantwell Lautenberg for corruption. Cardin Leahy Specter Obama the same opportunity. The PRESIDING OFFICER. The Sen- Carper Levin Stabenow I urge Members to vote no. ator’s time has expired. Casey Lieberman Tester The PRESIDING OFFICER. All time Mr. CORNYN. For that reason I ask Conrad Lincoln Udall (CO) Crapo Martinez Udall (NM) has expired. my colleagues to support the amend- Dodd McCaskill Warner Mr. MARTINEZ. Mr. President, I ask ment. Dorgan Menendez Webb for the yeas and nays. Mr. PRYOR. Mr. President, I rise in Durbin Merkley Whitehouse The PRESIDING OFFICER. Is there a opposition to the Cornyn amendment, Feingold Mikulski Wyden Feinstein Murray sufficient second? and I do this for three reasons. First, There appears to be a sufficient sec- the Federal Trade Commission does not NOT VOTING—3 ond. have the resources to pursue all bad ac- Gillibrand Johanns Kennedy The question is on agreeing to the tors in the lending markets under their The amendment (No. 673) was re- amendment. jurisdiction. jected. The clerk will call the roll.

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.038 S10MRPT1 smartinez on PROD1PC64 with SENATE S2942 CONGRESSIONAL RECORD — SENATE March 10, 2009 The legislative clerk called the roll. menting the fairness doctrine will stay NOT VOTING—2 Mr. DURBIN. I announce that the in that legislation, but I have a fear Johanns Kennedy Senator from Massachusetts (Mr. KEN- that when it gets to conference with The amendment (No. 662) was re- NEDY) is necessarily absent. the House, it might be stripped out. jected. Mr. KYL. The following Senator is This is yet another way of ensuring Mr. KERRY. Madam President, I necessarily absent: the Senator from that funds will not be used to imple- move to reconsider the vote, and I Nebraska (Mr. JOHANNS). ment this very bad idea. move to lay that motion on the table. The result was announced—yeas 38, I yield the floor. The motion to lay on the table was nays 59, as follows: The PRESIDING OFFICER. The Sen- agreed to. [Rollcall Vote No. 91 Leg.] ator from Hawaii is recognized. AMENDMENT NO. 604 YEAS—38 Mr. INOUYE. Madam President, this The PRESIDING OFFICER. Under Alexander Crapo Martinez amendment is unnecessary. There is no the previous order, there is 2 minutes Barrasso DeMint McCain funding in the bill to reinstate the fair- equally divided prior to a vote in rela- Bennett Ensign McConnell ness doctrine. The bill does not contain Bond Enzi tion to amendment No. 604 offered by Murkowski any provisions directing the FCC to re- Brownback Graham Risch the Senator from Alabama, Mr. SES- Bunning Grassley Roberts instate the doctrine. President Obama Burr Gregg SIONS. Sessions does not support it. The FCC has no The Senator from Alabama is recog- Chambliss Hatch Shelby Coburn Hutchison plans to reinstate the doctrine. Opposi- Snowe nized for 2 minutes. Cochran Inhofe tion to the amendment is not based on Thune Mr. SESSIONS. Madam President, 1 Collins Isakson substance, it is based on fact. It does Vitter minute or 2 minutes? Corker Kyl not belong in the bill. Cornyn Lugar Wicker The PRESIDING OFFICER. Excuse Things have changed since the fair- NAYS—59 me, 1 minute. ness doctrine was adopted in 1949. Mr. SESSIONS. Madam President, Akaka Gillibrand Nelson (FL) Today, there are more ways than ever this amendment simply will extend the Baucus Hagan Nelson (NE) to hear a variety of opinions on any Bayh Harkin Pryor authorization for the E-Verify system Begich Inouye Reed issue. We have hundreds of channels on for 5 years. On this current bill, it will Bennet Johnson Reid cable TV, over 14,000 AM and FM sta- be extended only for 6 months. I ask Bingaman Kaufman Rockefeller tions, and we have the Internet. There- Boxer Kerry why we would not make it a more ex- Sanders fore, we don’t need it. Brown Klobuchar Schumer tended period of time unless we have Burris Kohl Shaheen I urge a ‘‘no’’ vote. doubts about it, unless we don’t like it, Byrd Landrieu Specter Mr. THUNE. Madam President, I ask Cantwell Lautenberg unless we are looking for a way to Stabenow Cardin Leahy for the yeas and nays. eliminate it. Tester Carper Levin The PRESIDING OFFICER. Is there a It is the core system businesses are Casey Lieberman Udall (CO) second? There appears to be a suffi- Conrad Lincoln Udall (NM) signing up to use voluntarily. Over Dodd McCaskill Voinovich cient second. 100,000 are now using it. They punch in Dorgan Menendez Warner The question is on agreeing to the a Social Security number and deter- Durbin Merkley Webb amendment. mine whether the job applicant who is Feingold Mikulski Whitehouse Feinstein Murray Wyden The clerk will call the roll. before them is legally authorized to be The bill clerk called the roll. employed, if they are legally in the NOT VOTING—2 Mr. DURBIN. I announce that the country. That is what it is. It is not re- Johanns Kennedy Senator from Massachusetts (Mr. KEN- quired to be used even in Government The amendment (No. 674) was re- NEDY) is necessarily absent. contracts. It does not require there to jected. Mr. KYL. The following Senator is be any police officers, detention spaces, AMENDMENT NO. 662 necessarily absent: the Senator from or any enforcement. It simply allows The PRESIDING OFFICER (Mrs. Nebraska (Mr. JOHANNS). businesses to use this system volun- MCCASKILL). Under the previous order, The result was announced—yeas 47, tarily. there will now be 2 minutes of debate nays 50, as follows: We cannot allow it to expire. I am equally divided prior to a vote in rela- [Rollcall Vote No. 92 Leg.] amazed we are not extending it perma- tion to amendment No. 662, offered by YEAS—47 nently. We need to do that. And we need to soon pass legislation, which the Senator from South Dakota, Mr. Alexander DeMint McConnell THUNE. Barrasso Ensign Murkowski this bill does not do, that would re- Who yields time? The Senator from Bayh Enzi Nelson (NE) quire all Government contractors to South Dakota is recognized. Begich Feingold Risch use the system because that would Bennett Graham Mr. THUNE. Madam President, Roberts have been the law as of January until Bond Grassley Sessions amendment No. 662 is simply a prohibi- Brownback Gregg Shelby President Obama stopped that Execu- tion on funding being used to imple- Bunning Hatch Snowe tive Order. Burr Hutchison ment the fairness doctrine. Specter The PRESIDING OFFICER. The Sen- Chambliss Inhofe Thune A couple of weeks ago, the Senate Coburn Isakson ator from Vermont. Udall (CO) had a vote, and 87 Members of the Sen- Cochran Klobuchar Mr. LEAHY. Madam President, my Vitter ate voted for a statutory prohibition Collins Kyl good friend from Alabama knows that Corker Lugar Voinovich on reinstating the fairness doctrine. In Cornyn Martinez Webb the bill contains an extension of the E- fact, the appropriations bill last year Crapo McCain Wicker Verify Program through September 30 included similar language to what I am of this year. I share his frustration NAYS—50 proposing in my amendment that about short-term extensions. Simi- Akaka Gillibrand Mikulski larly, I have been trying to work in would prohibit the FCC from using Baucus Mrs. Hagan Murray funds, appropriating funds to imple- Bennet Harkin Nelson (FL) good faith to extend the EB–5 Regional ment the fairness doctrine. So it is Bingaman Inouye Pryor Center Program, which is as important consistent with what the appropria- Boxer Johnson Reed to Alabama as it is to Vermont. Brown Kaufman tions bill included last year. It was not Reid Much to the detriment of the eco- Burris Kerry Rockefeller included in this year’s bill. All this Byrd Kohl Sanders nomic benefits created by the EB–5 Cantwell Landrieu simply does is makes it consistent with Schumer program, such as capital investments Cardin Lautenberg Shaheen what we did in last year’s appropria- Carper Leahy and new jobs in American commu- Stabenow tions bill. Casey Levin nities, the Senator from Alabama and Furthermore, the legislation that Conrad Lieberman Tester others have refused to pass an EB–5 ex- Udall (NM) was actually passed by the Senate 2 Dodd Lincoln tension without simultaneously ex- Dorgan McCaskill Warner weeks ago, the DC voting rights bill, Durbin Menendez Whitehouse tending the E-Verify Program. I be- my hope is the prohibition on imple- Feinstein Merkley Wyden lieve they should both be extended.

VerDate Nov 24 2008 02:11 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.043 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2943 While I have no objection to reauthor- the protection of our Constitution. He considerations and strengths against izing the E-Verify Program for a longer also has been chairman in the past of an affirmative vote. He saw the impor- term, so long as it remains voluntary our Agriculture Committee, where he tance of a unifying factor being the and free of mandates, I cannot vote for did remarkably good work protecting ranking member—I chaired at that one that leaves the EB–5 program be- the State of Vermont and all agricul- time—and saw the importance of a uni- hind. tural interests. As a senior member of fying factor with a courageous vote. Besides, in the context of this bill the Appropriations committee, Senator He has been an extraordinary Sen- which has to be passed and enacted to LEAHY has ensured that all commu- ator. I look forward to seeing him serve keep the Federal Government running, nities throughout Vermont and across many years, and I hope to serve with this amendment is inappropriate. It is America have access to the tools they him. the wrong action at this time and need to grow and to prosper. Senator I thank the Chair and yield the floor. would jeopardize the swift passage of LEAHY is a leading voice for conserva- The PRESIDING OFFICER. The Sen- this legislation. tion and environmental protection. He ator from Vermont. I support the efforts of Chairman has led the charge to expand broadband Mr. LEAHY. Madam President, I INOUYE, Senator BYRD, and others to access to rural communities. don’t want to hold up the votes, but I oppose it. Senator LEAHY is also a leader on for- do want to thank my dear friend, the I ask for the yeas and nays. eign policy, working to protect human majority leader, and my good friend, The PRESIDING OFFICER. Is there a rights across the world while ensuring the Republican leader, for their kind sufficient second? our men and women in uniform have remarks and, of course, my friend, the There appears to be a sufficient sec- the training, equipment, and respect senior Senator from Pennsylvania. As ond. they need and deserve. he said, we first knew each other when Mr. LEAHY. Madam President, I This is a fine man, and it can best be we were much younger and prosecu- move to table the amendment, and I shown as a result of his wonderful wife tors. ask for the yeas and nays. Marcelle. I am fortunate to call Sen- The PRESIDING OFFICER. Is there a ator LEAHY my friend. I am fortunate I I will just take a moment. When sufficient second on the motion to have had the good fortune of being able Marcelle and I first came here in Janu- table? to serve in the Senate with this senior ary 1975 with three young children— There appears to be a sufficient sec- Senator from the State of Vermont, Kevin, Alicia, and Mark—we never ond. PATRICK LEAHY. thought we would be here this long. I The yeas and nays were ordered. Congratulations, PATRICK, on your have enjoyed every moment of it. But Mr. REID. Madam President, I ask 13,000th vote as a U.S. Senator. especially, I have served with hundreds the Senate to allow me to make a (Applause.) and hundreds of Senators, both Repub- statement prior to this next vote. The PRESIDING OFFICER. The mi- lican and Democratic Senators. I have The PRESIDING OFFICER. Without nority leader. enjoyed my relationship with every objection, it is so ordered. Mr. MCCONNELL. Madam President, single one of the men and women with TRIBUTE TO SENATOR LEAHY let me add to our friend and colleague whom I have had the privilege to serve. Mr. REID. Madam President, I pause from Vermont for this side of the aisle We have often said we are the con- to honor the senior Senator from how much we admire and respect his science of the Nation—the Senate. Vermont, PATRICK LEAHY, chairman of extraordinary record. He and I had an Only 100 of us have the privilege to the Judiciary Committee. He will cast opportunity to serve together as either serve here at any given time to rep- his 13,000th vote. ranking member or chairman—we resent a great and wonderful Nation of (Applause.) switched hats several times—of the 300 million people. It is a privilege, and This is a remarkable tally that few Foreign Operations Subcommittee of it is an honor. men or women in the hallowed history Appropriations. I thank my colleagues for this trib- of this Chamber can match. But I guess I will pick out one area for which I ute. This is something I will long re- what we note most about our friend think PAT LEAHY is known around the member. from Vermont—I think I can say world, and that is his efforts with re- I yield the floor. ‘‘we’’—is not the quantity of his votes gard to demining all over the world. The PRESIDING OFFICER. The 1 so much as the quality. In his 3 ⁄2 dec- He has made an extraordinary con- question is on agreeing to the motion. ades of service in the Senate, PAT tribution, not only to his State but his The yeas and nays have been ordered. LEAHY has been a reliable friend in the Nation. I know I speak for all Repub- The clerk will call the roll. cause of justice. licans in congratulating my friend PAT was elected to the Senate at the from Vermont for his—how many votes The assistant legislative clerk called age of 34. Few gave this young pros- is this?—13,000th vote. the roll. ecutor from Burlington much of a I yield the floor. Mr. DURBIN. I announce that the chance to win. After all, not a single The PRESIDING OFFICER. The Sen- Senator from Massachusetts (Mr. KEN- Democrat had ever been elected to the ator from Pennsylvania. NEDY) is absent. U.S. Senate from Vermont. And, of Mr. SPECTER. Madam President, I Mr. KYL. The following Senator is course, Vermont was one of our early join in congratulating the distin- necessarily absent: the Senator from States. guished senior Senator from Vermont. Nebraska (Mr. JOHANNS). Senator LEAHY recalls that the Re- I have had the pleasure of knowing him The result was announced—yeas 50, publican Senator George Aiken was longer than his Senate colleagues be- nays 47, as follows: asked by some to resign his seat a day cause we met in 1970 at a district attor- [Rollcall Vote No. 93 Leg.] early to give Senator LEAHY a head- neys convention where I was the host YEAS—50 start in seniority among his fellow in Philadelphia. We have been fast freshmen, which you could do. Senator Akaka Feinstein Mikulski friends ever since, going on the 29th Begich Gillibrand Murray LEAHY recalls Senator Aiken replying: year I have been working with him on Bennet Hagan Nelson (FL) If Vermont is foolish enough to elect a the Judiciary Committee and on the Bingaman Harkin Pryor Democrat, let him be number 100. Appropriations Committee. We have Boxer Inouye Reed Brown Johnson On the contrary, the people of disagreed very infrequently. Mostly, we Reid Burris Kaufman Rockefeller Vermont acted wisely by sending PAT- have been able to carry forward bipar- Byrd Kerry Sanders Cantwell Kohl RICK LEAHY to Washington and sent tisanship, which has been in the inter- Schumer Cardin Landrieu Shaheen him again and again and again and est of the Senate and in the interest of Carper Lautenberg Stabenow again. the country. Casey Leahy As chairman of the Judiciary Com- I could commend him for many of his Conrad Levin Udall (CO) Udall (NM) mittee, Senator LEAHY has been a na- votes, but I would pick out his vote in Dodd Lieberman Dorgan Lincoln Warner tional leader for an independent judici- favor of Chief Justice Roberts at a time Durbin Menendez Whitehouse ary, the promotion of equal rights, and when there were considerable political Feingold Merkley Wyden

VerDate Nov 24 2008 01:44 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.046 S10MRPT1 smartinez on PROD1PC64 with SENATE S2944 CONGRESSIONAL RECORD — SENATE March 10, 2009 NAYS—47 WASHINGTON, DC, should be ashamed and admit who put Alexander DeMint McConnell March 10, 2009. them up to it. I think I know who is be- Barrasso Ensign Murkowski Hon. DIANNE FEINSTEIN, hind efforts to end this program. Baucus Enzi Nelson (NE) U.S. Senate, The program provides 1,700 children Bayh Graham Risch Washington, DC. with scholarships of up to $7,500 each to Bennett Grassley Roberts DEAR SENATOR FEINSTEIN: Thank you for Bond Gregg Sessions contacting me about the DC Opportunity attend the school of their choice. To Brownback Hatch Shelby Scholarship Program. I appreciate your con- qualify, students must live in the Dis- Bunning Hutchison Snowe trict and have a household income of Burr Inhofe tinued interest in matters that are vitally Specter Chambliss Isakson important to the residents of the District of no more than 18 percent of the poverty Tester Coburn Klobuchar Columbia. line. For 2008–2009, the average income Thune Cochran Kyl As my staff had the opportunity to advise Vitter for families using the program was just Collins Lugar your staff last week, the position of the Ad- over $23,000 a year. Corker Martinez Voinovich ministration is consistent with our position Cornyn McCain Webb Since 2004 when the program began, Wicker during the last two budgets—we support the Crapo McCaskill three sector approach initiated by the Wil- approximately 7,200 families have ap- NOT VOTING—2 liams Administration because in the past plied for spots in the program—nearly four applicants for each available Johanns Kennedy two years the District has made tremendous strides toward improving the educational ex- scholarship. It is a program that has The motion was agreed to. perience of all students. repeatedly shown improved family sat- Mr. LEAHY. Madam President, I Accordingly, we do not support any meas- isfaction and increase parental involve- move to reconsider the vote. ures that would reverse the three sector ap- ment. Mr. CARPER. I move to lay that mo- proach or strategy. We further agree with The students themselves are perhaps tion on the table. Secretary of Education Arne Duncan: that the best testimonials. Tiffany Dunston, The motion to lay on the table was while the ultimate goal is to fix the entire school system it would not be productive to valedictorian of Archbishop Carroll agreed to. disrupt the education of children who are High School’s class of 2008, who was a AMENDMENT NO. 615 presently enrolled in private schools through four year scholarship recipient, is now The PRESIDING OFFICER. Under the DC Opportunity Scholarship Program. studying biochemistry at Syracuse the previous order, there will now be 4 Once again, thank you for your inquiry and University. Tiffany’s thoughts on the minutes of debate equally divided prior continued support of the District of Colum- program underscore why this program to a vote in relation to amendment No. bia. If you have any questions please feel free must continue: ‘‘I am determined to to contact me or Bridget Davis in my Office build a better life and want others in 615, offered by the Senator from Ne- of Policy and Legislative Affairs. vada, Mr. ENSIGN. Sincerely, my community to have that chance as The Senator from Nevada is recog- ADRIAN M. FENTY, well.’’ Another scholarship student, nized. Mayor. Ronald Holassie, was recently sworn in Mr. ENSIGN. Madam President, in Mr. ENSIGN. Mayor Fenty is agree- as deputy youth mayor for the District. the underlying bill there is language ing with the Education Secretary, who Ronald says he ‘‘wouldn’t be where he addressing the DC Opportunity Schol- says these kids should not be pulled is today’’ without his scholarship. It is premature to add conditions to arship Program that would effectively, out of this program, and this program this important program. This spring, after next year, kill the program. It re- should not end. There are so many Congress will have the results of the quires that not only it be reauthorized scholarship recipients across this town comprehensive analysis of the pro- by Congress but also that the DC City who want to stay in their private gram. Chairman LIEBERMAN has com- Council approve the program. There schools. We should stand up for the mitted to holding a hearing to review are 1,700 kids from families making an kids and not the special interest the program and discuss proposals for average of less than $24,000 a year that groups, such as the National Education improvement in advance of the Sen- now participate in this program. The Association, that want to end this pro- parents love this program. The kids ate’s debate on reauthorization. I ap- gram. preciate the majority leader’s commit- love this program. I am a big believer Mr. VOINOVICH. Madam President, I ment to a fair debate on long-term re- in the public school system, but the DC rise in support of the amendment by Public Schools, which spend more than authorization. Senator ENSIGN to continue funding for My colleagues know that I have been any other school district in the coun- the DC Opportunity Scholarship Pro- through this fight before. As Governor try, over $15,000 per student per year, gram, which has given thousands of I supported opportunity scholarships are failing too many kids in Wash- children in the District of Columbia a for Cleveland in 1992. With hard work ington. So this program was put in to chance to escape failing schools. Unfor- and dedication, we managed to get the give some low-income kids the oppor- tunately, the underlying bill contains bill through in 1995 and within 3 years, tunity to succeed. language which would have a dev- over 3,600 children were attending the Guess what. They are thriving in this astating impact on low-income fami- school of their choice. Just last year, program. Earlier, the senior Senator lies in the District of Columbia by pre- there were over 6,000 students partici- from Illinois said we have to make sure maturely ending the program. pating! all the teachers have 4-year degrees. Many of us are outraged that a Mem- It wasn’t easy. After we stood-up the The omnibus bill before us requires ber of the Senate has included a provi- Cleveland Scholarship and Tutoring that. My amendment does not touch sion to kill the program. The provision Program, the American Federation of that requirement. He also says we have has not gone unnoticed. On March 6 Teachers, National Education Associa- to make sure they are in structurally The Washington Post asked why ‘‘any- tion, and others filed a lawsuit and for safe schools. The bill before us requires one would want to force children out of nearly a decade Ohioans fought for the that. My amendment does not touch schools where they are happy, safe and program. All along I had advocated that. So those are both side issues that satisfied’’ and on March 9, Newsweek that the program was constitutional. I are not affected at all by my amend- asked why lawmakers would consider will never forget the day when the U.S. ment. stopping a $14 million program which is Supreme Court agreed the program was We need to put special interests aside a ‘‘rounding error’’ on the General Mo- constitutional in Zelman v. Simmons- and focus on the children from Wash- tors bailout figure. Finally, The Wall Harris, 536 U.S. 639, on June 27, 2002. ington, DC, especially those low-in- Street Journal calls it what it is: ‘‘per- The program continues to thrive and come children haps the most odious of double stand- expand because of its success. I con- I ask unanimous consent that this ards in American life today: the way sider it one of the major contributions letter from the Mayor of Washington, some of our loudest champions of pub- to our country’s educational system. It DC, Adrian Fenty, be printed in the lic education vote to keep other peo- is a morsel on our smorgasbord of edu- RECORD. ple’s children—mostly inner-city cational opportunities. There being no objection, the mate- blacks and Latinos—trapped in schools And the benefits go far beyond the rial was ordered to be printed in the where they’d never let their own kids academic. A study by the Buckeye In- RECORD, as follows: set foot.’’ Whoever is responsible stitute found that students involved in

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.011 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2945 the Cleveland program are gaining ac- My colleagues may be interested to Mr. ENSIGN. I ask for the yeas and cess to a more integrated school expe- know that the DC Opportunity Schol- nays. rience. Here in Washington, a George- arship Program had the support of the The PRESIDING OFFICER. Is there a town University study found that with District of Columbia government when sufficient second? There is a sufficient their children in safer schools, parents it was created. second. were free to focus on their child’s aca- On June 24, 2003, in testimony before The clerk will call the roll. demic development and the school’s the House Committee on Government The legislative clerk called the roll. curriculum. Reform, then District of Columbia Mr. DURBIN. I announce that the Now, after so much progress and Mayor Anthony Williams testified, ‘‘I senator from Massachusetts (Mr. KEN- money invested, some Members of Con- support the President’s desire to create NEDY) is necessarily absent. gress wish to establish premature road- a scholarship program in the District. I Mr. KYL. The following Senator is blocks for the program. What is lost in believe, if done effectively, such a pro- necessarily absent: the Senator from the underlying language is the need for gram could truly expand choice to low- Nebraska (Mr. JOHANNS). the children of the District of Colum- income families, who currently do not The PRESIDING OFFICER (Mr. bia to have every opportunity to re- have the same freedom of choice en- TESTER). Are there any other Senators ceive a high-quality education. How of- joyed by more affluent families.’’ in the Chamber desiring to vote? The result was announced—yeas 39, fensive for Members of Congress, many The PRESIDING OFFICER. The ma- nays 58, as follows: with the means to send their children jority whip is recognized. Mr. DURBIN. Madam President, 5 to any school, to limit the ability of [Rollcall Vote No. 94 Leg.] years ago we created an experimental YEAS—39 District students to do the same. pilot plan for 5 years that would expire Just last week, one of my esteemed Alexander Cornyn Lugar in June of this year. Rather than let it colleagues came to the floor and dis- Barrasso DeMint Martinez expire and these 1,700 students and Bennett Ensign McCain cussed how he had sent his children to their families be disadvantaged, we ex- Bond Enzi McConnell private Catholic School. He said that it tended it for a year in this bill. What is Brownback Graham Risch was a family decision and that they Bunning Grassley Roberts going to happen in the course of that Burr Gregg Sessions made the ‘‘extra sacrifice’’ to pay for year? Senator LIEBERMAN’s committee Byrd Hatch Shelby it. What my colleague fails to realize is is going to take a close look to see if Chambliss Hutchison Thune that many of the parochial schools Coburn Inhofe Vitter the over $70 million we spent on this Cochran Isakson Voinovich that participate in the program do so program has worked. Are the students Collins Kyl Warner because they are giving witness to the getting a good education, better than Corker Lieberman Wicker Second Great Commandment. they would in public schools, better NAYS—58 During the State of the Union, Presi- than in charter schools? Are the teach- dent Obama said that ‘‘good education Akaka Gillibrand Nelson (FL) ers competent in this program? Are the Baucus Hagan Nelson (NE) is no longer just a pathway to oppor- schools they are learning in safe build- Bayh Harkin Pryor tunity—it is a prerequisite . . . to en- ings? Begich Inouye Reed sure that every child has access to a Bennet Johnson Reid These are fundamental questions we Bingaman Kaufman complete and competitive education— should ask of every school program. I Rockefeller Boxer Kerry Sanders from the day they are born to the day do not understand reluctance on the Brown Klobuchar Schumer Burris Kohl they begin a career.’’ The DC Oppor- other side to have an honest evaluation Shaheen Cantwell Landrieu Snowe tunity Scholarship Program provides of the program that has cost us over Cardin Lautenberg Specter District students the pathway to meet $70 million in taxpayer funds. Carper Leahy the President’s goal. Shame on the At the end of the day, those schools Casey Levin Stabenow Tester President for not getting involved and that are doing a good job will be given Conrad Lincoln Crapo McCaskill Udall (CO) telling his friends in the Senate how good grades. Those that are failing in Dodd Menendez Udall (NM) embarrassed he is about what they are this process do not deserve to be re- Dorgan Merkley Webb attempting to do to the DC Oppor- newed. I have extended this program Durbin Mikulski Whitehouse for a year in the bill, and the other pro- Feingold Murkowski Wyden tunity Scholarship Program in this Feinstein Murray bill. vision, which I am going to allow Sen- Two weeks ago, the Senate voted by ator SCHUMER to address, gives to the NOT VOTING—2 supermajority to give voting rights to DC City Council the same thing you Johanns Kennedy the District of Columbia—which I was would want the Las Vegas City Council The amendment (No. 615) was re- proud to cosponsor. I am sure if we to have if Congress tried to impose a jected. were to let parents in the District vote program on them. Mrs. FEINSTEIN. Mr. President, I on this amendment—let the parents I yield my remaining time to Senator move to reconsider the vote. tell Congress what they want for their SCHUMER. Mr. REID. I move to lay that motion Mr. SCHUMER. I thank my colleague children—their answer would be to con- on the table. for his excellent remarks. The bottom tinue funding the DC Opportunity The motion to lay on the table was line is this: On the issue of vouchers in Scholarship Program. agreed to. DC schools, some people are for them; The language in the base bill takes The PRESIDING OFFICER. The ma- some people are against them. We are away the opportunity for parents of jority leader is recognized. all for our local school districts deter- limited means to choose the best edu- UNANIMOUS CONSENT REQUEST—S. 542 mining what they ought to do. I would cation available for their children. The Mr. REID. Mr. President, last week not want Washington to tell any of my the junior Senator from Louisiana of- Omnibus appropriations bill provides 800 school districts in New York they fered an amendment to the Omnibus $410 billion to fund Federal programs must have vouchers or they can’t have through the end of the fiscal year. vouchers. Yet this law, which was put appropriations bill that would change Surely my colleagues would be willing on the books 5 years ago, forces DC to the way the cost-of-living adjustments to continue to spend $14 million on a use the program. are given to Members of the House and program that continues to give quality The amendment is very simple. It the Senate. The bill before us, which education to thousands of deserving says leave it up to the DC City Council. has already passed the House, ensures children. I think every one of us would support there will be no cost-of-living adjust- I urge my colleagues to support the that kind of independence and auton- ment in 2010. Most Senators, me in- amendment. omy for our local school boards. cluded, have indicated support for that I wanted to briefly comment on the I yield the floor. provision that is in this bill. remarks by the senior Senator from Mr. ENSIGN. Is there any time re- Senator VITTER’s amendment would New York in opposition to Ensign maining? require the House and the Senate to amendment 615 to H.R. 1105. The Sen- The PRESIDING OFFICER. There is vote every year on cost-of-living ad- ator emphasized the importance of no time remaining. The question is on justments rather than having those ad- local support for educational programs. agreeing to the amendment. justments take effect immediately. I

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.024 S10MRPT1 smartinez on PROD1PC64 with SENATE S2946 CONGRESSIONAL RECORD — SENATE March 10, 2009 agree with Senator VITTER that cost- in the House. But it seems to me there So I did not block his amendment. of-living adjustments for Members of is tremendous movement to get this The Democrats did not block it. No one Congress should not be automatic. accomplished. knew he wanted to offer it, that I know That is why I introduced a freestanding I say to my friend from Louisiana, of, on this side of the aisle. bill last week that would do just that. this is an important piece of legisla- I am using leader time so no one feels That is why we seek consent to pass tion. We should go ahead and pass this. constrained. this bill before we are scheduled to We know there are not going to be any The PRESIDING OFFICER. The Sen- vote on the amendment by the Senator amendments to the appropriations bill ator from Michigan is recognized. from Louisiana. that I can get through the House. That Ms. STABENOW. Mr. President, I say By passing this legislation as a is clear. to the majority leader, is it not true stand-alone, it can become law without Everyone read in the newspaper what that if this amendment were to pass on threatening completion of this appro- happened there Thursday night. So I this bill, that, in fact, it would never priations bill. If Senators want to dem- would hope that in good faith this is take effect because it will not be taken onstrate their support for the proposed not an effort to avoid anything, this is up in the House? But if we pass it inde- automatic cost-of-living adjustments, not an effort to try to play any legisla- pendently, as our leader has put for- they can and should support my stand- tive games. This is important legisla- ward, and we all support it, it would, in alone legislation. It is fiscally respon- tion, I repeat for the third time, that fact, pass immediately in the Senate sible, responsible to the state of our we should adopt, and the House will and then go to the House for consider- economy, and will allow us to continue take care of this itself. ation? the good progress we have made toward Now, for me to stand and say what Mr. REID. I say to my friend from passing this bill. the House is going to do—I think it is Michigan, it is clear as the daylight Objecting to this request will have pretty clear that with what is going on hour that my friend from Louisiana two negative results: It will jeopardize around the rest of the country, there is doesn’t want the underlying bill to our ability to pass legislation ending going to be significant support for this pass. Common sense dictates the best the automatic COLAs, and it will deal legislation, as I hope there is here in way to go is by adopting this consent a serious blow to our efforts to pass this body. agreement I made. this appropriations bill. Any Senator The PRESIDING OFFICER. Is there Let me also say this: I will be happy who wishes to end the automatic COLA objection? to ask consent—I ask unanimous con- should support this consent request I Mr. VITTER. Mr. President, reserv- sent the Senate proceed to consider- will shortly make. Likewise, any Sen- ing the right to object. ation of Calendar No. 29, this legisla- ator who wishes to move forward with Ms. STABENOW. Would the majority tion, S. 542, tomorrow, March 11, at 3 the omnibus will support my request. leader yield for a question? p.m. I make a commitment that I will The only way to accomplish these ob- The PRESIDING OFFICER. The Sen- bring this bill up. If there are people jectives is to support my request, take ator from Louisiana is recognized. who don’t want to agree to this to- up and pass the stand-alone pay adjust- Mr. VITTER. Well, certainly I agree night, assuming the Senator from Lou- ment bill. with the distinguished majority leader isiana is that person, I will bring it up I urge all of my colleagues to support on one point: there is movement on some other time. I am committed to this unanimous consent pay request. this issue. Just 12 hours after I was fi- doing this. Mr. President, I ask unanimous con- nally able to secure a vote on my The PRESIDING OFFICER. Is there sent that the Senate proceed to the amendment, after being blocked at objection? consideration of Calendar No. 29, S. 542, every turn for a week, the majority Mr. VITTER. Reserving the right to a bill which repeals the provisions of leader himself adopted the cause and object, again, unfortunately, the same law to provide for an automatic pay ad- introduced, out of the blue, a stand- game is at work. I would object. I justment to Members of Congress; that alone amendment. I wish he had been would also be happy to lift my objec- the bill be read three times, passed, with his colleague, Senator FEINGOLD, tion if the Speaker of the House would and the motion to reconsider be laid on this issue since at least the year offer a public commitment to give Sen- upon the table. 2000, when Senator FEINGOLD has had ator REID’s bill a vote on the House This is a serious piece of legislation. legislation on the topic. I applaud Sen- floor in the near future. It accomplishes what the Senator from ator FEINGOLD for that. Mr. REID. Mr. President, to show Louisiana obviously wants to accom- But, again, I renew my objection be- how—what is the right word—how Sen- plish. I would hope we can do this to- cause I think this stand-alone bill is ator VITTER is not serious, he knows night. It would end all discussion on nothing more than cover, nothing more that I can’t represent what the Speak- autopay adjustments. We should do than something to point to, when it er is going to do. She doesn’t know I that. will not be taken up on the floor of the am here doing this. She runs her little The PRESIDING OFFICER. Is there House. I would be happy to lift my ob- show over there, and I do my best to objection? jection to the majority leader’s stand- have some input on what happens here. Mr. VITTER. Mr. President, reserv- alone bill if the Speaker of the House But I can’t make that kind of commit- ing the right to object. publicly commits to a vote of his bill ment. The PRESIDING OFFICER. The Sen- on the House floor in the very near fu- I can’t imagine why anyone would ator from Louisiana. ture. object to our passing this. It would Mr. VITTER. Mr. President, I believe The PRESIDING OFFICER. The ma- move this down the road a long way. I the way to actually get this done, to jority leader. am sorry the Senator from Louisiana actually pass this into law, is to in- Mr. REID. I will certainly yield to obviously is not serious about passing clude it in a must-pass bill, such as the my friend from Michigan. this legislation, because I have asked appropriations bill before us, not to Mr. President, I did not block his that we do it right now. I have asked point to a stand-alone to give people amendment last week. I never heard that we go to it tomorrow. He objects. cover for votes; a bill that would not be from him until we were here Thursday The PRESIDING OFFICER. Is there taken up on the floor of the House. So night, late. I have had a number of Re- objection? in that regard I would simply ask the publicans come to me—as I look Mr. VITTER. There is objection. majority leader, does he have a com- through this crowd here, there were a The PRESIDING OFFICER. Objec- mitment from the Speaker of the number of Senators who came to me tion is heard. House that his bill will be given a vote and said: We would like our amend- AMENDMENT NO. 621 on the House floor in the near future? ments to be offered. There was general Under the previous order, there is Mr. REID. Mr. President, it is obvi- agreement Thursday night after final now 2 minutes of debate equally di- ous that this is an important issue. We passage did not take place; Senators vided prior to a vote in relation to have an economy that is in distress. told me they wanted to offer amend- amendment No. 621 offered by the Sen- That is why we should pass this. I have ments. They talked during the week ator from Louisiana, Mr. VITTER. not gotten commitments from anyone the same way. The Senator from Louisiana.

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.050 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2947 Mr. VITTER. Mr. President, in this Mr. KYL. The following Senator is Policing Services, or COPS program, economy there are millions of Ameri- necessarily absent: the Senator from and the Byrne justice assistance cans who are seeing their savings dwin- Nebraska (Mr. JOHANNS). grants, which help State and local law dle to nothing, who are losing their The PRESIDING OFFICER. Are there enforcement fight and prevent crime in jobs, their homes. Yet they also see, as any other Senators in the Chamber de- communities across America. recently as last January 1, Members of siring to vote? The Vitter amendment should be Congress getting an automatic pay The result was announced—yeas 52, considered on another legislative vehi- raise, in that instance $4,700. It is nays 45, as follows: cle that would not jeopardize our na- wrong. The system that has these pay [Rollcall Vote No. 95 Leg.] tional priorities. raises on autopilot is wrong. We should YEAS—52 Mr. CASEY. Mr. President, I support have full, open debates and votes. That annual votes on congressional pay Akaka Gillibrand Mikulski is what my amendment would ensure. Baucus Gregg Murray raises to avoid automatic cost of living I reserve the remainder of my time. Begich Hagan Nelson (FL) increases. I was a cosponsor of an alter- The PRESIDING OFFICER. The Sen- Bennet Harkin Pryor native by Senator REID that would ator from California. Bingaman Inouye Reed have accomplished this goal without Boxer Johnson Reid Mrs. BOXER. Mr. President, Senator Brown Kaufman derailing the Omnibus appropriations VITTER wants to bring this bill down. Rockefeller Burris Kerry Sanders bill. The underlying Omnibus appro- Byrd Kohl He wants to score political points. Do Schumer priations bill cancels the pay raise that Cantwell Landrieu you know what is in this bill? We stop Shaheen Cardin Lautenberg would have gone into effect in January Stabenow our pay raise from next year. He wants Carper Leahy 2010. Additionally, I have previously to bring this bill down. We stop our pay Casey Levin Udall (CO) Udall (NM) stated that I will give the 2009 cost of raise in this bill. Senator REID offered Cochran Lieberman Warner living increase to charity. a unanimous consent request. All of us Conrad Lugar Dorgan Martinez Whitehouse Unfortunately, this amendment was could have gone right down the aisle Durbin Menendez Wicker nothing more than political here together saying every year we Feinstein Merkley grandstanding and a poison pill de- vote on a cost-of-living raise. So don’t NAYS—45 signed to block necessary appropria- be fooled by this. The people need our Alexander Dodd McConnell tions bills from passing and I was help, the help that is offered in this Barrasso Ensign Murkowski forced to vote against the amendment. bill. People are unemployed. There is Bayh Enzi Nelson (NE) Mr. REID. Mr. President, I move to funding in this bill to get them back to Bennett Feingold Risch reconsider the vote, and I move to lay work, to do the business of govern- Bond Graham Roberts Brownback Grassley Sessions that motion on the table. ment. This bill stops our pay raise. Bunning Hatch Shelby The motion to lay on the table was This is a cheap shot, in my opinion. We Burr Hutchison Snowe agreed to. Chambliss Inhofe Specter ought to vote no. The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The ma- Coburn Isakson Tester Collins Klobuchar Thune jority leader is recognized. jority leader. Corker Kyl Vitter Mr. REID. Mr. President, I ask unan- Mr. REID. The Senator from Cali- Cornyn Lincoln Voinovich imous consent that the 30 minutes fornia is absolutely right. If this bill Crapo McCain Webb prior to the cloture vote be reduced to goes down, the work we have done, in DeMint McCaskill Wyden 10 minutes, to be divided as previously keeping with Senator FEINGOLD—that NOT VOTING—2 ordered, with the remaining provisions is, to not have a cost-of-living adjust- Johanns Kennedy of the previous order in effect, meaning ment next year—we would have to The motion was agreed to. that Senator INOUYE will control 5 min- start all over. This is wrong. We should Mr. KERRY. Mr. President, I opposed utes and Senator COCHRAN will control move forward and defeat this amend- the amendment offered by Senator 5 minutes. ment. VITTER to the Fiscal Year 2009 Omnibus Mr. VITTER. Mr. President, how Let me say this, Mr. President: I sim- appropriations bill that would repeal much time remains? ply want to tell everyone—Democrats The PRESIDING OFFICER. The Sen- the automatic cost of living adjust- and Republicans—this has been very ator has 22 seconds. ment, COLA, for Members of Congress difficult, but I think it has been good Mr. VITTER. People do need our help starting in fiscal year 2010. The Omni- for this institution. And I, frankly—I and the people are watching. So if you bus appropriations bill already elimi- do not want to lay out all of my dirty want to change the law that puts our nates the Members of Congress COLA laundry, but I think it has been good pay raises on autopilot while they suf- for fiscal year 2010. I choose to give my for me. I think the situation that has fer, that system, not pass on it one COLA to worthy charities because I developed on the Republican side—I year but change that law, vote for this know that many families in Massachu- had a number of Republican Senators amendment. If you want to kill that setts and across the Nation are strug- come to me and say: We need a few concept, vote against the amendment. gling to make ends meet and need help. more amendments, and I had enough I ask for the yeas and nays. I opposed the Vitter amendment be- votes to pass it, and I ignored them. The PRESIDING OFFICER. Is there a cause it could have jeopardized the en- That will not happen in the future. I sufficient second? actment of the omnibus legislation am going to try to be more aware of Mr. REID. I move to table the which includes critical investments in trying to create a better feeling in this amendment. America’s future. Given the process of body, not necessarily count 60 or 51, The PRESIDING OFFICER. Is there a the bill winding its way through Con- whatever it is. sufficient second? gress, the Vitter amendment would So I appreciate what everyone has There appears to be. have essentially stopped the omnibus done here, but especially do I appre- The yeas and nays were ordered. in its tracks. We can’t afford to have ciate the two managers of this bill. Mr. REID. I ask for the yeas and nays this bill delayed. The bill increases our This has been extremely difficult for on the motion to table. The PRESIDING OFFICER. Is there a energy security by prioritizing re- them. All of the difficult issues had to sufficient second on the yeas and nays search and development of renewable be resolved by them. I think people on the motion to table? energy and energy efficiency including looking at this Senate today should There appears to be. solar power, biofuels, vehicle tech- know how fortunate we are as a coun- The question is on agreeing to the nologies, energy-efficient buildings, try to have two people such as DAN motion. and advanced energy research. It also INOUYE and THAD COCHRAN being the The clerk will call the roll. includes strong investments into cut- managers of this bill. These are two of The assistant legislative clerk called ting-edge science so that our Nation the best, and I want to personally ex- the roll. will maintain its preeminence in the tend my appreciation. I applaud and Mr. DURBIN. I announce that the global economy and create new jobs. commend both of them for doing an ex- Senator from Massachusetts (Mr. KEN- The bill also keeps Americans safe by cellent job on a very difficult piece of NEDY) is necessarily absent. supporting the Community Oriented work.

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.051 S10MRPT1 smartinez on PROD1PC64 with SENATE S2948 CONGRESSIONAL RECORD — SENATE March 10, 2009 I have spoken to both of them. Ev- them in the first possible legislation Once built, the ACP project will be eryone should understand, we are going following the enactment of this legisla- the only U.S.-owned source of nuclear to move into an appropriations process tion? fuel that is critically important for we can all be proud of. No more of Would the chairman of the Sub- various national security reasons. these big, lumpy bills. We are going to committee on Energy and Water also I would like to observe that the Gov- move forward and try to do a bill at a agree with me that the Department of ernors of Ohio, Maryland, Tennessee time. Energy should therefore continue to and Kentucky strongly support USEC’s Again, thanks for everyone’s co- work on the pending loan guarantee ACP project. operation. applications for those projects which Mr. President, I will ask unanimous Mr. President, there is a unanimous could be adversely impacted by this consent that the letter from the Gov- consent request pending. legislation if not corrected, such as ernors of Ohio, Maryland, Tennessee The PRESIDING OFFICER. Without those for renewable projects and for and Kentucky be printed in the RECORD objection, it is so ordered. USEC’s loan guarantee application for following my statement. There is now 10 minutes equally di- its ACP project? I would also like to observe that vided. Mr. DORGAN. Mr. President, I agree President Obama, during his campaign LOAN GUARANTEE PROGRAM with the ranking member of the Sub- visits to Ohio last summer, expressed Mr. BENNETT. Mr. President, for the committee on Energy and Water that his support for USEC’s ACP project, as benefit of the Senate, I would like to the House-passed language contains articulated in his letter to Governor discuss with the chairman of the Ap- flaws that we would all like to see rem- Strickland of Ohio dated September 2, propriations Subcommittee on Energy edied. In response to his two questions 2008, and I will ask unanimous consent and Water the congressional intent I will state the following. that that letter also be printed in the with respect to the funding provided by First, I am willing to work with him RECORD following my statement. the pending legislation, H.R. 1105, re- and any other Member who has a simi- I thank the chairman and the rank- garding the Department of Energy’s lar concern about the unintended im- ing member of the Appropriations Sub- loan guarantee program. pact of the language on these energy committee on Energy and Water. The pending legislation provides a projects. Mr. BROWN. Mr. President, I also total of $47 billion for eligible projects Second, I agree that the Department thank the chairman and the ranking pursuant to title XVII of the Energy of Energy, including its Loan Guar- member of the Subcommittee on En- Policy Act of 2005, to remain available antee Office, should not cease, delay or ergy and Water for their willingness to until committed, of which $18.5 billion slow down its processing of any of work on addressing the unintended shall be for nuclear power facilities. these pending loan guarantee applica- consequences associated with this lan- In order to address budget scoring tions. guage. Ensuring that the language is issues raised by the Congressional The Department of Energy should appropriately modified is crucial to en- Budget Office, regarding third party fi- continue to take all actions and steps sure the U.S. has the flexibility to nancing, the conferees included legisla- necessary and predicate for the maintain a domestically owned and tion recommended by CBO counsel. issuance of a final loan guarantee so produced source of enriched uranium, CBO staff believes there is concern that that a final loan guarantee can be rather than relying on other nations. the Federal Government might incur issued upon enactment of the necessary I am not happy with the long delay mandatory spending as a result of en- technical corrections and competitive in getting the next generation enrich- tering into power purchase agreements selection. ment technology up and running in for energy projects that also receive I can assure the ranking member of Piketon, OH. Good paying jobs are at loan guarantees from the Department the Energy and Water Subcommittee stake. Our national security is at of Energy. that I will work with him to try to cor- stake. And, freedom from dependency While CBO acknowledges that this rect this situation. Accordingly, the on foreign sources of uranium is at scoring issue is separate from the 1- Department of Energy and its Loan stake. percent subsidy cost that CBO has as- Guarantee Office should proceed to I look forward to working with the sessed the title XVII since fiscal year process these loan guarantee applica- senior Senator from Ohio and the 2007, the conferees were obliged to in- tions expeditiously so as to be prepared chairman and ranking member to ad- clude language drafted by CBO that to act immediately on these pending dress the concerns arising from this would mitigate the possible scoring im- loan guarantee applications to issue language. pact. final loan guarantees if corrective leg- Mr. VOINOVICH. Mr. President, I ask The language is drafted to capture as islation is enacted. unanimous consent that the 2 letters many possible third party financing op- Mr. VOINOVICH. Mr. President, I am to which I referred be printed in the tions and as a result has created sev- very pleased with the commitments of RECORD. eral unintended consequences. Specifi- the chairman and ranking member of There being no objection, the mate- cally, the omnibus language could in- the Appropriations Subcommittee on rial was ordered to be printed in the advertently have an adverse impact on Energy and Water to fix these flaws in RECORD, as follows: a number of pending projects, for nu- the pending legislation. All of these en- DECEMBER 19, 2008. merous title XVII eligible projects in- ergy projects are very important to the Hon. GEORGE W. BUSH, cluding the American Centrifuge Plant, future of our country as we work to- The White House, ACP. The ACP project will employ wards achieving energy independence Washington, DC. more than 3,000 people in Ohio and and cleaner environment. DEAR MR. PRESIDENT: Our states provide thousands of employees with contracts USEC’s American Centrifuge Plant the domestic infrastructure to support the to build this facility including ATK project is not only very important to proposed American Centrifuge Plant (ACP) and Hexcel located in Utah. Ohio, it is particularly important to in Piketon, Ohio. We are asking that you di- rect your Administration to act promptly First, I would like to thank the the Nation. within existing funding authorities and take chairman of the Subcommittee on En- The ACP project is shovel-ready and the steps needed to reach a Department of ergy and Water for his work since tak- is estimated to create over 3,000 jobs in Energy (DOE) conditional loan guarantee ing over this subcommittee in 2007 to Ohio where it is located, and another agreement for this project. Prompt action is support the loan guarantee program 3,000 or more jobs in 11 other States essential in order to avoid demobilization of and his willingness to find the nec- around the country through manufac- the project and workforce layoffs within the essary resources, when budget requests turing and engineering contracts. next several months. were insufficient. The ACP project will have the capac- Also, ACP represents the only U.S. ad- I know the chairman is familiar with ity to provide domestically enriched vanced technology for uranium enrichment that can meet both domestic energy security this frustrating interpretation and ask uranium to fuel over one-half of the 104 and national security needs; the use of which if he would be willing to work with me domestic nuclear powerplants that pro- would mitigate the present need to import and others to find a solution to these vide nearly all of our emission-free over half of the domestic nuclear fuel supply inadvertent problems and to correct base-load electricity. from Russia. It is critically important that

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.052 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2949 we develop our domestic enrichment capa- I will assure that the benefits due under ator BENNETT, is correct. This resulted bilities so we as a Nation do not create an the ‘‘Energy Employee Occupational Illness from a clerical error involving confu- unhealthy reliance on foreign nations for our Compensation Program Act’’ of 2000 will be sion between two different projects on sources of enriched uranium. It is especially provided in a timely and equitable manner. I beef research. Senator BOND should not important to our States that ACP will create understand that it is imperative to help a new domestic manufacturing infrastruc- those workers who were made sick or ill be listed as a sponsor of the Beef Im- ture of 6,000 high-skilled jobs in 12 states. In while serving in our nation’s defense nuclear provement Research project. addition, many of the technologies ACP facilities. The delays and foot-dragging over Mr. BENNETT. I thank the Chair for would utilize, such as high precision machin- the past several years is simply inexcusable. his assistance in this matter. ing and carbon fiber fabrication, will be able If necessary, I will support legislative re- Mr. BROWNBACK. Mr. President, I to support the growth of other new domestic forms to assure that workers will be prompt- rise today to address a provision in the industries. ly compensated. I will not tolerate further statement to accompany the fiscal Your Administration has taken a leader- excuses or delays in the implementation of year 2009 Omnibus appropriations bill ship role in promoting the resurgence of safe this important legislation, which has left de- and secure domestic nuclear energy. The serving workers waiting. I will also support that seeks to address a critical issue in ACP project offers the opportunity to put a the on-going medical screening program to our country, the rising rate of child- tangible capstone on this effort. help workers identify occupational illnesses hood obesity. Over the last several While DOE has made significant progress that may have been caused from work at this years, Senator HARKIN and I have with its loan guarantee program, continued facility. worked jointly to address this issue. implementation of the ACP project is vul- I will work with Congress to provided ade- During this time, we have focused nerable without timely action and a condi- quate funding and will direct the Energy De- our efforts on bringing together the partment to commence Decontamination tional loan guarantee agreement. Therefore, different sectors in our society that are we are seeking your commitment to set the and Decommissioning activities of those fa- appropriate timetable for decision-making, cilities which are no longer needed, and equipped to address this crucial issue without compromise to the creditworthiness maximize the employment of site workers to for our Nation’s children. It is my firm standards set for the program. Your leader- achieve this end. The failure to clean up this belief, that there is not just one solu- ship also would send a strong message that site quickly will delay future economic de- tion to reducing the rates of childhood the business of government has not been di- velopment opportunities and only add addi- obesity but this should be a collective minished during this time of turmoil in the tional mortgage costs and pose undue envi- effort. financial markets. ronmental risks. I will help assure the Depleted Uranium To that end, I am encouraged that We will continue to work with your staff there are those in the food and bev- to reach a conditional loan guarantee agree- Hexaflouride (DUF–6) Conversion Facility in ment by the end of this Administration. Piketon will be operational on an expedited erage industry, the advertising indus- Sincerely, time schedule. This project was authorized try and media industry that have TED STRICKLAND, through legislation in July 1998, however, it taken voluntary steps to address this Governor of Ohio. is still not operational. I will work with Con- issue. MARTIN O’MALLEY, gress to fund this project and the disposition I am pleased that the Ad Council has Governor of Maryland. of the 20,000 plus cylinders of legacy uranium also worked to address childhood obe- PHIL BREDESEN, material. This project will create jobs for at least 20 years and remove thousands of tons sity as well with donated multimedia Governor of Ten- efforts since October 2005 that have nessee. of depleted uranium. I will support funding the cleanup of soil, equaled $170 million. This initiative in- STEVEN L. BESHEAR, groundwater and hazardous waste from leg- Governor of Kentucky. cludes creative partnerships with NFL, acy operations. I want to assure that when Qubo, an NBC-owned children’s net- we declare the Piketon site is cleaned up, it SEPTEMBER 2, 2008. work, and the U.S. Olympics. will mean that health and environmental Governor TED STRICKLAND, It is my firm belief that the best op- hazards are not left behind so that new busi- Riffe Center, nesses can locate at the Piketon facility tion to address this issue is not by Columbus, OH. without concern. rushing into government regulation DEAR GOVERNOR STRICKLAND: You have I will direct my Administration to work but by working together to address continued to be a strong advocate for the with the community leadership to develop a workforce and surrounding communities of this issue within our spirit of a free- long-term site plan to include opportunities the Piketon Enrichment Plant and through- market society—and that is the inten- to reuse the Portsmouth plant site and maxi- out Ohio. This workforce and community tion behind this language that directs mize the vast infrastructure while creating have made significant contributions to our the Federal Trade Commission to cre- needed jobs in the Southern Ohio region. I nation’s defense and energy security needs ant committed to making the Piketon facil- ate a working group among the Food for over the past half-century. ity a ‘‘multi-mission site’’ to drive economic and Drug Administration, the Centers There are a number of steps I will take as for Disease Control and Prevention, President to assure the future health and development and environmental improve- prosperity of this community and its work- ments. and the Secretary of Agriculture. I also Combined. I recognize these steps will as- force. Under my administration, the Piketon hope that as this working group con- sure energy security, environmental restora- site workforce and the surrounding commu- venes they will first study the Better tion and job creation for Southeastern Ohio nities will play a central role in our nation’s Business Bureau’s Children’s Food and and I look forward to working with you on domestic energy supply through private sec- this important project for the state. Beverage Advertising Initiative, and tor and government initiatives. The Piketon Sincerely, determine whether initiatives such as site is ideal for either traditional or ad- BARACK OBAMA. these would suffice to address this cru- vanced energy programs, or both. The cial issue, before they implement the Piketon site has vast infrastructure and po- CLERICAL ERROR ON BEEF IMPROVEMENT tential reuse applications are very prom- RESEARCH remainder of the directive. And, con- ising. Mr. BENNETT. Mr. President, I rise sistent with the current focus of self- Under my administration, energy pro- today to join with our Chair, Senator regulatory initiatives, I think it would grams that promote safe and environ- KOHL, in a colloquy to correct a cler- be more appropriate to limit the scope mentally-sound technologies and are domes- ical error in the attribution table ac- of the working group activities to chil- tically produced, such as the enrichment fa- companying Division I of H.R. 1105. dren under the age of 12. cility in Ohio, will have my full support. I Senator BOND is listed as having re- I have found that oftentimes the best will work with the Department of Energy to results are rooted in industry-led re- help make loan guarantees available for this quested the ‘‘Beef Improvement Re- and other advanced energy programs that re- search’’ project under the Agriculture, forms and it is my intention that this duce carbon emissions and break the tie to Rural Development, Food and Drug Ad- working group will keep this intent in high cost, foreign energy sources. ministration, Cooperative State Re- mind as they study and develop ways I will ensure that workers’ rights, pensions search Education and Extension Serv- in which to address foods marketed to and retirement health care benefits are fully ice. My staff has confirmed that this our children. For example, in July 2007 protected and facilitate pension portability project was not requested by Senator and again in September 2008, the Gro- for workers among the various contractors cery Manufacturers Association com- and subcontractors as new missions unfold BOND and, as such, Senator BOND’s with the Department of Energy. We will name should not be listed as a re- missioned studies of U.S. advertising work with the respective union leadership at questor. trends through Georgetown Economic the Portsmouth site to assure that their Mr. KOHL. My colleague and former Services. These studies have shown members’ rights are fully protected. subcommittee ranking member, Sen- that as food and beverage marketers

VerDate Nov 24 2008 01:44 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.032 S10MRPT1 smartinez on PROD1PC64 with SENATE S2950 CONGRESSIONAL RECORD — SENATE March 10, 2009 have shifted the mix of products adver- of Hawaii. Although these resources island of Molokai funding has been pro- tised to children, not only are children provide only about one-tenth of the vided to complete a much needed water today seeing fewer food, beverage and DHHL’s spending, it is extremely im- resource study in order to more effec- restaurant ads on television, they are portant to support additional home tively manage ground-water resources. seeing far fewer ads for soft drinks, ownership opportunities for residents Wise stewardship and management at a cookies, snacks and candy, while being throughout Hawaii. watershed level has a significant im- exposed to more ads for soups, juices, I also appreciated the inclusion of pact on the health and quality of nu- fruits, and vegetables and water than funding for the Laiopua 2020 Commu- merous natural resources. Inclusion of they were in 2004. nity Center. Economic Development funds to address stream management I truly believe that with everyone Initiative resources will facilitate the and restoration is critical for Hawaii. coming together around a free market development of this comprehensive These resources will assist and protect principled approach that we will have community center. The community communities in Hawaii from destruc- more expedient and effective results center will improve the quality of life tion caused by severe weather and for our children. for residents in the growing Kona com- flooding, as well as promote conserva- Mr. AKAKA. Mr. President, I support munity by increasing access to social tion and revival of our islands’ eco- the Omnibus Appropriations Act. I ap- services, recreational facilities, and systems. preciate all of the efforts made by my educational and economic opportuni- The fiscal year 2009 omnibus includes friend, the senior Senator from Hawaii, ties. provisions that will go a long way to to develop and manage this tremen- The omnibus provides a slight in- improve advancements in science and dously important bill. I also value the crease in resources for the Community technology, as well as enhance U.S. effort of the ranking member of the Development Block Grant, CDBG, Pro- competitiveness. In Hawaii and the Pa- Appropriations Committee as well as gram. CDBG provides essential Federal cific, we are uniquely confronted by all of the work done by the sub- resources to help meet the specific climate fluctuations and its impact on committee chairmen and ranking needs of communities. In Hawaii, our the public, economic development, and members to draft the omnibus. counties utilize CDBG resources to health of our ecosystems and wildlife. I Continuing resolutions hinder the help provide affordable housing, assist am proud to have supported the inclu- ability of agencies to meet the needs of the homeless, expand day care facili- sion of $1.75 million for the Inter- our communities and address changing ties, provide meals to low-income fami- national Pacific Research Center at the circumstances. We must enact this leg- lies, strengthen our medical infrastruc- University of Hawaii to conduct sys- islation in order to have a more effec- ture by making physical improvements tematic and reliable climatographic re- tive and responsive Federal Govern- to our community health centers, and search of the Pacific region. Improving ment in dealing with many of the prob- expand opportunities to help individ- our understanding of climate varia- lems that our Nation is confronted uals with disabilities find employment. bility empowers us to use data and with currently. This legislation im- This bill provides essential resources models to mitigate adverse impacts. proves access to health care, education, intended to improve our Nation’s fi- Hawaii is home to some of the housing, and economic development nancial literacy lending and improve world’s most critically threatened and opportunities. It also provides essential individual understanding of economics endangered species, including the en- support for financial literacy pro- and personal finance. This bill includes demic Hawaiian monk seal. For years I grams, transportation infrastructure $1.447 million in funding to implement have been an advocate for the con- investments, sustainable energy devel- the Excellence in Economic Education servation and recovery of the critically opment, natural resource preservation, Act, which promotes economic and fi- endangered monk seal and other and investor protection efforts. nancial literacy among students in cetaceans in the Pacific. The National This bill will help further promote kindergarten through high school. An Marine Fisheries Service issued the medical research. Investments in med- additional $1.6 million is provided for first Hawaiian monk seal recovery plan ical research have tremendous poten- the Department of the Treasury’s Of- in 1983 and a revised plan in 2007. The tial to improve the lives of so many fice of Financial Education to increase Hawaiian monk seals are vulnerable people by developing better methods to access to financial education and pro- due to a variety of influences, includ- prevent, detect, and treat different ill- tect consumers against predatory lend- ing human disturbances of birth and nesses. I am also proud that the legis- ing. Also, I applaud the inclusion of a nursery habitats, entanglement in ma- lation increases the ability of our fed- directive in the bill that requires the rine debris, and commercial fisheries. erally qualified community health cen- Internal Revenue Service, IRS, in con- In the last 50 years the Hawaiian monk ters to better meet the medical needs sultation with the National Taxpayer seal population has fallen by 60 per- of our communities. Advocate, to educate consumers about cent. To address this need, I worked to The fiscal year 2009 omnibus bill will the costs of refund anticipation loans include $2.6 million in this act to ad- help ensure that our Nation’s students and expand access to alternative meth- dress female and juvenile monk seal are prepared for the challenges of the ods of obtaining timely refunds. survival and enhancement, as well as 21st century. This includes funding for The act also will improve our roads, efforts to minimize monk seal mor- programs to help disadvantaged stu- transit, and airports; strengthen Ha- tality. In addition, these funds will dents reach their potential as well as waii’s transportation infrastructure; strengthen coordinated regional office funding to help recruit and retain high- and increase the mobility of our resi- efforts for field response teams and en- ly skilled and talented teachers. The dents. hance implementation of the 2007 re- fiscal year 2009 Omnibus also includes Provisions contained within the act covery plan. $1.2 million in funding for Impact Aid. enable the U.S. Army Corps of Engi- The preservation of our national Impact Aid assists school districts that neers to address our Nation’s critical parks, forests, and public lands has have lost property tax revenue due to navigation, flood control, and environ- been a priority of utmost importance. the presence of tax-exempt Federal mental restoration needs. I was pleased Public lands are valued assets that property, including Indian lands and that more than $1.6 million was pro- must be properly managed for the ben- military bases. It is vital to a State vided for Hawaii projects. efit of all Americans and future genera- like Hawaii where there is a significant Recognizing that shoreline erosion tions. I am encouraged that the act military presence. threatens upland development and supports the preservation of our nat- This legislation also provides vital coastal habitats along much of Ha- ural landscapes, furthers conservation resources for housing. Ten million dol- waii’s shoreline, I worked to provide of wildlife, expands water resource as- lars is provided for the Native Hawai- funding for a regional sediment man- sessment, and fosters wise manage- ian housing block grant, which is ad- agement demonstration program to ment of our Nation’s natural resources. ministered in the State of Hawaii by further understand the dynamics of Given the unique needs of Hawaii, I the Department of Hawaiian Home complex coastal processes and promote supported funding in the Fiscal Year Lands, DHHL. DHHL is the largest af- the development of long-term strate- 2009 omnibus to fortify the preserva- fordable housing developer in the State gies for sediment management. On the tion of four endangered Hawaiian

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Mr. President, Congress Included in that total is $9.04 billion threatened and endangered species, and will hopefully with this vote finally for Federal Aviation Administration cause hundreds of millions of dollars in complete action on the fiscal year 2009 operations that would be used to im- damage to Hawaii’s agricultural indus- appropriations bills. This bill addresses prove safety and air traffic organiza- try, tourism, real estate, and water some of the Nation’s critical needs. It tion, and to increase the hiring and quality. Funding will continue the on- also addresses some of Michigan’s spe- training of air traffic controllers and going, collaborative, interagency, and cial needs such as protecting the Great aviation safety inspectors. The bill pro- community-based effort to address Lakes, improving our transportation vides $40.7 billion in highway funding, invasive species impacts. Such joint infrastructure, and supporting our $483.9 million above fiscal year 2008 lev- action, cooperative agreements, and manufacturers and small businesses. In els. It also provides $1.45 billion for the collaboration will be needed to control addition, it supplies our local law en- National Railroad Passenger Corpora- invasive species that are crossing geo- forcement with tools they need to pro- tion, Amtrak, a $128.1 million increase graphic and jurisdictional boundaries. tect our citizens and provides support over the fiscal year 2008 level. It also I am pleased that the omnibus sup- for our communities to help our most provides $10.1 billion for Federal Tran- ports the development of sustainable vulnerable citizens during this eco- sit Administration, $773 million over and clean energy. We must continue to nomic crisis. fiscal year 2008 levels. invest in development and implementa- This bill includes funding for a num- This bill also includes a number of programs to help technology compa- tion of energy from renewable, effi- ber of important Great Lakes pro- nies and manufacturers in Michigan cient sources as this Nation transitions grams. With the funding in this bill, and throughout the country, including away from foreign oil. Our energy secu- the Thunder Bay Marine Sanctuary funding for the Manufacturing Exten- rity and independence depend on con- and Under Water Preserve will be able sion Partnership, MEP, and the Tech- to complete the exhibits in the new ducting advanced research and better nology Innovation Program, TIP. The visitor’s facility. The bill provides a $2 utilizing energy from sources including bill includes $110 million for the MEP million increase for the Great Lakes the sun, wind, ocean. program. President Bush proposed to Included in the act is $3.1 million to Legacy program which has made a eliminate the program in his fiscal support the ongoing Hawaii-New Mex- positive impact on the Lakes by re- year 2009 budget. MEP is the only Fed- ico Sustainable Energy Security Part- moving contaminated sediment. This eral program dedicated to providing nership. In order to develop, dem- bill also provides funds to the Corps of technical support and services to onstrate, and deploy technologies that Engineers to complete construction of small- and medium-sized manufactur- enhance usage of renewable resources, the permanent dispersal barrier in ers. MEP is a nationwide network of the Partnership evaluates electric and order to stop Asian carp and other proven resources that enables manufac- transportation infrastructure, tests invasive species from entering the turers to compete globally, supports technologies, and provides sound Great Lakes. greater supply chain integration, and science to inform debate and the imple- I am pleased that funding of over $50 provides access to information, train- mentation of public policy. Building million that I requested for dredging ing and technologies that improve effi- upon its successful development of a and other operation and maintenance ciency, productivity, and profitability. comprehensive model of the transpor- needs for Michigan’s ports and harbors In fiscal year 2007 alone, based on serv- tation and electricity infrastructures was included in this bill. The Great ices provided in fiscal year 2006, MEP on the Big Island and Maui, these funds Lakes navigational system faces a helped to: create or retain over 52,500 will be used to support promising backlog of 16 million cubic yards of jobs, generate more than $6.765 billion projects identified for implementation dredging needs, which has had very in sales, and stimulate more than $1.65 on those islands, as well as extend ef- real negative impacts on Great Lakes billion in economic growth. MEP is forts to evaluate and address the en- shipping. Several freighters have got- needed now more than ever as our ergy infrastructure needs on Oahu and ten stuck in Great Lakes channels, small and medium manufacturers Kauai. ships have had to carry reduced loads, struggle to survive in this serious re- I am encouraged by the inclusion of and some shipments have simply cession. funding to improve Hawaii’s infrastruc- ceased altogether. While an increase in The bill includes $65 million for the ture and nurture sustainable agri- some water levels is helping somewhat Technology Innovation Program, TIP, culture production. Our agricultural in this regard, the Great Lakes naviga- the successor to the Advanced Tech- industry is a key component of our tional system has an accumulation of nology Program, ATP. While slightly State’s economy, and I have long sup- maintenance needs. The additional less than the fiscal year 2008 level it is ported the policies and programs culti- funding that was included will help ad- still significant given the fact that vating opportunities for our farmers dress this backlog, and I will keep President Bush proposed zeroing out and rural communities. Further, funds working to increase appropriations and the program in his fiscal year 2009 supporting research, extension, and the budget so this important maritime budget. TIP is a cost-sharing program teaching efforts are necessary as we highway, so that one of the lowest cost that promotes the development of new, prepare a skilled and thriving work- ways to transport supplies to industry innovative products that are made and force focused on developing sustainable and products to consumers, is not im- developed in the United States, helping solutions that improve the health of peded. American companies compete against our environment, as well as the quality The bill also provides $17 million to their foreign competitors and con- and efficiency in production. the Corps of Engineers for the Soo tribute to the growth of the U.S. econ- Another important provision I want Lock replacement project, which would omy. During this terrible recession the to highlight is the critical support in- serve as a backup for the current Poe TIP program is an important way to cluded for the Securities and Exchange Lock. Total annual shipping on the stimulate job growth and high tech- Commission, SEC, to better protect in- Great Lakes exceeds 180 million tons, nology R&D in the United States. vestors. I will continue to work with over half of which goes through the I am pleased that this bill continues the SEC to ensure it has the statutory Soo Locks. Funding for the lock is crit- the current ban on using Federal funds authority and resources necessary to ical to ensuring that this system re- for future Federal contracts to so- better protect and educate investors mains operational. called ‘‘inverted’’ U.S. companies that, and promote market stability. This bill provides a boost in funding to avoid certain U.S. taxes, have re- In conclusion, I want to thank the for our Nation’s transportation infra- incorporated in an offshore tax haven senior Senator from Hawaii for all of structure which will put people to country but left their offices and pro- his extraordinary efforts to develop work while improving mobility, safety duction service facilities here in the

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.030 S10MRPT1 smartinez on PROD1PC64 with SENATE S2952 CONGRESSIONAL RECORD — SENATE March 10, 2009 U.S. We should not further reward in- cludes vital funding for our Nation’s December to 6.2 percent in just 1 version by granting them Federal con- nutrition, housing and economic devel- month. And February and March have tracts. It is unfair to the U.S. compa- opment programs that will provide brought additional plant closures, and nies left to operate on an uneven play- much-needed help to our communities. more employees have lost their jobs. ing field, and it is unfair to the rest of This bill includes increased funding for As we work in Congress on ways to our taxpayers who pay their fair share. the Supplemental Nutrition Program, get our economy back on track and The fiscal year 2009 omnibus bill in- SNAP, and the Special Supplemental create new jobs, I stand ready to help cludes an increase in funding over fis- Nutrition Program for Women, Infants, and take bold action that will deliver cal year 2008 in a number of important and Children, WIC, which help provide real, workable solutions to families. areas at the Department of Energy. In nutritious food to many in this coun- And I am committed to working with particular, this bill includes $273 mil- try who are in need. It also includes in- our State leaders to do everything we lion for advanced vehicle technologies, creased funding for public and afford- can to bring opportunities to West Vir- an increase of $58 million over fiscal able housing programs that provide ginia. year 2008, with additional funding in- housing to low-income Americans and It is very important that we in Con- cluded for research and development on $1.7 billion, which is $91 million above gress do everything possible to uphold advanced battery technologies. The bill the 2008 funding level, for homeless as- the public trust, protect taxpayer dol- also includes $217 million for biomass sistance grants which provide rental lars, and show with our actions and not and biorefinery systems, an increase of assistance, emergency shelter, transi- just our words that we take seriously $17 million over fiscal year 2008, which tional and permanent housing, and sup- our obligation and honor to serve the should allow for continued and in- portive services to homeless persons people. creased support of innovative tech- and families to help break the cycle of One of the ways the legislation before nologies for production of ethanol and homelessness and to move homeless us today, H.R. 1105, the Omnibus Ap- biofuels produced from cellulosic mate- propriations Act of 2009, does that is by rials. The omnibus also includes mod- persons and families into permanent housing. In addition, this bill provides prohibiting the annual cost-of-living est increases for both solar and wind pay adjustment, COLA, for Members of energy research and development that $3.9 billion, $34 million above the 2008 funding level, for the community de- Congress from taking effect in calendar will contribute to ongoing efforts to year 2010. This is a good, small, but im- improve the efficiency and decrease the velopment block grant, CDBG, program portant step, and I thank our leader- cost of commercialization of these which will fund community and eco- ship for including this important provi- technologies. I am also pleased that nomic development projects to revi- sion. Now is not the time for an in- this bill includes additional new fund- talize our communities. crease in the COLA for Members of ing for loan guarantees for advanced This bill includes funding I requested for the redevelopment of part of the old Congress. innovative technologies, specifically I represent constituents who earn providing up to $18.5 billion for loan Tiger Stadium and its ball field. This $25,000 to $35,000 annually, and the no- guarantees for renewable energy, en- funding will help the surrounding com- tion that we in Congress would allow a ergy efficiency, and manufacturing munity move forward on a plan to pre- COLA increase for ourselves, while that will be available for important serve part of the old Tiger Stadium and they are just trying to put food on the projects such as biofuels production its ball field as a premier baseball field table and make ends meet, is com- and advanced battery manufacturing. for youth leagues and to redevelop part This bill includes a significant in- of the stadium structure and adjacent pletely unacceptable. Given the state crease in several areas of funding for land to be used for retail shops and res- of the economy, and the income and science and technology. Within the De- taurants and other commercial and en- job losses across this Nation, I strongly partment of Energy, this bill includes tertainment attractions. This funding oppose a congressional pay increase in an increase of $754 million for the Of- will not only help preserve this part of this bill. fice of Science, which will increase fed- Detroit and baseball history, but also I also strongly support efforts to sus- eral support for basic research and sup- bring much needed jobs and economic pend permanently the automatic con- port the goals and programs of the activity into this neighborhood and to gressional COLA. It will be some time America Competes Act, which called the city of Detroit. before our economy turns around and for a doubling of the U.S. investment I am glad that we have finally com- the American people feel a sense of fi- in science over 10 years. It also in- pleted the fiscal year 2009 appropria- nancial security again. And especially cludes increases in science programs at tions bills. While it is unfortunate that in a recession, any congressional pay the National Science Foundation and we once again had to consider nine dif- increase should be subject to an up-or- the National Institute of Standards ferent bills packaged into a single om- down vote each year, and not simply and Technology, both of which have a nibus spending measure, I am very occur automatically. significant role to play in development pleased that this bill includes funding That is why I am glad to be a cospon- of advanced technologies that will keep for many important national programs sor of S. 542, legislation introduced by the U.S. competitive in the global mar- and projects that will especially ben- Majority Leader REID to repeal the ket. efit Michigan. It is my hope that we provision of law that provides auto- This legislation provides funding for will be able to complete a timely, open matic COLAs for Members of Congress. state and local law enforcement and and transparent appropriations process I do not believe we should amend the crime prevention. It includes much in the coming year. pending bill to do this—the amend- needed funding for the Community Or- Mr. ROCKEFELLER. Mr. President, ment, like so many others offered by ganized Policing Services, COPS, pro- these are difficult times in our coun- the minority over the past week, is gram, which provides our police depart- try. American families are facing chal- really a Trojan horse to kill or delay ments with the technology and train- lenges that we have not seen in dec- the Omnibus Appropriations Act, ing tools needed to prevent and detect ades, we have record budget deficits, which is already overdue and meets our crime and for the Office of Justice Pro- and we are fighting two wars. basic obligation to keep the govern- grams that provides funding for Byrne The national economic crisis is af- ment running. But the issue is an im- justice assistance grants, juvenile jus- fecting so many people across our Na- portant one, deserving of immediate tice programs, and drug courts. It also tion and in West Virginia, and we must action and I appreciate the leader’s provides $415 million to the Office on give the economic recovery plan time commitment to act quickly on it. Violence Against Women so that we to do what it was designed to do—cre- I believe having transparency, ac- can better prevent and prosecute vio- ate jobs and reinvest in the American countability, and an up-or-down vote lent crimes against women. Finally, I dream. on the COLA every year makes a lot of am pleased that the legislation in- In West Virginia, factories and busi- sense—both for Congress and the Amer- cludes $185 million for interoperable nesses are closing their doors. Unem- ican people. The American people de- radio systems. ployment rose in all 55 counties in Jan- serve to be represented by Members of During this economic crisis, it is es- uary 2009. Our statewide unemploy- Congress who are in touch with the ev- pecially important that this bill in- ment rate jumped from 4.4 percent in eryday struggles of the very people

VerDate Nov 24 2008 00:52 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.032 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2953 who elected them. Just like their fam- and that they have been going on for- The PRESIDING OFFICER. The Sen- ily budgets, Congress has to budget and ever, and it is somehow the purview of ator from Mississippi. live within our means and make care- the Appropriations Committee to do Mr. COCHRAN. Mr. President, before ful spending decisions based on our these earmarks, which Americans have yielding the time so we can vote, I wish most pressing priorities. become pretty familiar with, I am to commend and thank the distin- I support this bill today because it is happy to say, in the last week or so. guished Senator from Hawaii for his the absolutely right thing to do and That is not so. It is not so. In 1991, leadership of the Appropriations Com- West Virginia families deserve no less. there was a total of 537 earmarks for mittee, particularly in our negotia- The PRESIDING OFFICER. Who the entire appropriations process. This tions that we have had with Members yields time? evil has grown, and it has grown, and it of the other body. We are not legis- The Senator from Hawaii. has grown—to the point where we now lating in a vacuum. These proposals Mr. INOUYE. Mr. President, I rise to have close to 9,000 earmarks. All we are and provisions of this bill have been support the Omnibus Appropriations asking is to authorize. We have talked carefully reviewed by our committee. Act and encourage my colleagues to a lot about the individual earmarks. In this case, it includes I think about vote for cloture. But the fact is, they are not author- seven bills that were individually writ- This bill provides additional re- ized. I heard one of my colleagues ten and proposed to the full committee sources so our Government will be bet- today, on this side of the aisle, say: by the subcommittees, after a series of ter able to meet the challenges of the Well, the authorizing committees are hearings reviewing the administra- economic crisis we face today. too busy. Really? Really? So all we are tion’s requests for funding, listening to I would remind my colleagues that asking is to go back to what this body outside groups that had opinions and without enactment of this bill, the Se- had done and the Congress had done for views about the level of appropriations curities and Exchange Commission will a couple hundred years; that is, author- for many accounts and programs. But not get the additional funding it needs ize the projects. our true leader who deserves praise for to increase the integrity of the finan- So what has happened? It has grown this final work product, as I said, is the cial markets. The Federal Housing Ad- and grown and grown. Today, a former distinguished Senator from Hawaii. ministration will have to stop helping staffer on the Appropriations Com- I yield back the remainder of our families facing foreclosure to refinance mittee pled guilty in Federal court. time. into affordable mortgages at the worst What did it have to do with? It had to The PRESIDING OFFICER. The ma- possible time for such a stoppage to do with earmarks, and we have former jority leader is recognized. occur. Members of Congress now residing in Mr. REID. Has all time been used, The Food and Drug Administration Federal prison because of this gateway Mr. President? will not receive the funding it needs to drug, as my colleague from Oklahoma, The PRESIDING OFFICER. Yes. significantly increase the number of Senator COBURN, calls it. Mr. REID. Mr. President, the order food and medical product safety inspec- So last November the American peo- that is now in effect indicates that if tions, both domestic and overseas, that ple, as I am keenly aware, voted for there are 60 votes on this cloture vote, it could otherwise perform. change. They voted for change, and there will be just a voice vote on final If the Omnibus is not enacted, $550 somehow we are saying: This is last passage. I ask the Chair if that is fac- million less would be provided for the year’s business—only this is funding tual. FBI to protect our Nation and our com- this year’s operations. The PRESIDING OFFICER. The yeas munities from terrorism and violent So we will vote to pass this bill, and and nays have not been ordered on the crime. Not passing this bill means 650 the message is, my friends and col- measure. fewer FBI special agents, and 1,250 leagues, that it is business as usual in Mr. REID. So that is the under- fewer intelligence analysts and other Washington, while unemployment is 8.1 standing we have. If that, in fact, is the professionals fighting crime and ter- percent and employers have to cut an- case, then we would—this will be the rorism on U.S. soil. other 651,000 jobs. last vote today. In conclusion, I ask the fundamental So if the President were serious People are asking: What are we going question: Will the United States be bet- about his pledge for change, he would to do the rest of the week? First of all, ter off in the next year, and will the veto this bill. He will not. Now, he will we are going to spend the rest of this Federal Government be in a better po- say we are going to outline a process of week on nominations. We are going to sition to help lead our country out of dealing with this problem in a different try to get one up tomorrow that we can this deep recession, if we pass this bill? way. I quote from Mr. Gibbs: debate and hopefully vote on. We may The answer is obviously, yes. It is in . . . and that the rules of the road going for- not be able to do that. America’s best interests to close the ward for those many appropriations bills I would say to everyone there has book on the last administration and to that will go through Congress and come to been a lot of pent-up desire to come out his desk will be done differently. help the new administration hit the and give speeches on other issues. I ground running. Well, the first chance we get to show think we will have plenty of time to do Now is not the time to relitigate past people change is business as usual in that tomorrow. So we will set aside a policy battles. Now is the time to clear the Senate and the House. It is very couple hours, at least, tomorrow for the decks and look to the future. For unfortunate. It is very unfortunate. We morning business. I look forward to all these reasons, I urge my colleagues should not be astonished at the low ap- this vote and ending this long process to join me in supporting cloture on proval ratings we have here when on this appropriations bill. H.R. 1105. Americans see the expenditure of their CLOTURE MOTION The PRESIDING OFFICER. Who hard-earned tax dollars in the projects The PRESIDING OFFICER. Under yields time? we have talked about in the past with- the previous order and pursuant to rule The Senator from Arizona. out scrutiny, without authorization, XXII, the Chair lays before the Senate Mr. MCCAIN. Mr. President, I know and certainly not in a fashion the the pending cloture motion, which the the hour is a bit advanced, so I will not American people want their tax dollars clerk will report. take much time. I think it is pretty spent. So we will invoke cloture and we The legislative clerk read as follows: clear what the outcome of this vote will move forward. The bill will go to will be, so I will not take a lot more the President’s desk, he will sign it, CLOTURE MOTION time of this body. I have spent a lot of and the signal to the American people We, the undersigned Senators, in accord- time on the Senate floor in the last is: You voted for change, but you are ance with the provisions of rule XXII of the week or so talking about this legisla- not getting any change today. Standing Rules of the Senate, do hereby tion before us. move to bring to a close debate on H.R. 1105, I yield the floor. the Omnibus Appropriations Act: I think there are a couple things that The PRESIDING OFFICER. The Sen- Harry Reid, Daniel K. Inouye, Bernard need to be mentioned again. Somehow ator from Hawaii. Sanders, Tom Udall, Patrick J. Leahy, it seems to be accepted around here Mr. INOUYE. Mr. President, I yield Ron Wyden, Christopher J. Dodd, Ben- that earmarks are a standard practice back the remainder of my time. jamin L. Cardin, Mark R. Warner, John

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.025 S10MRPT1 smartinez on PROD1PC64 with SENATE S2954 CONGRESSIONAL RECORD — SENATE March 10, 2009 D. Rockefeller IV, Debbie Stabenow, the gavel, on January 27. We passed the invoked, all postcloture time is yielded Patty Murray, Richard Durbin, Edward Recovery Act on Februay 10, held an back. The question is on the third read- E. Kaufman, Jim Webb, Mark Begich, open conference with the House and ing and passage of the bill. Byron L. Dorgan, Carl Levin, Dianne then passed the conference report on The bill (H.R. 1105) was ordered to a Feinstein, Roland W. Burris. February 14. On February 17, the Presi- third reading and was read the third The PRESIDING OFFICER. By unan- dent signed the Recovery Act into law. time. imous consent, the mandatory quorum The committee then moved imme- The PRESIDING OFFICER. The bill call is waived. diately to take up the 2009 Omnibus having been read the third time, the The question is, Is it the sense of the Act, which we have passed today. I question is on passage of the bill. Senate that debate on H.R. 1105, an act want to recognize the many late The bill (H.R. 1105) was passed. making omnibus appropriations for the nights, the weekends, and the lost fam- Mr. DURBIN. Mr. President, I move fiscal year ending September 30, 2009, ily time that have all been sacrificed to reconsider the vote. Mr. REID. I move to lay that motion and for other purposes, shall be by staff in order that we might accom- on the table. brought to a close? plish the passage of two significant ap- The yeas and nays are mandatory The motion to lay on the table was propriations bills in less than 2 agreed to. under the rule. months. The clerk will call the roll. The PRESIDING OFFICER. The Sen- As is our tradition, the committee ator from Illinois is recognized. The legislative clerk called the roll. operated in a fully bipartisan fashion Mr. DURBIN. I announce that the in all of our efforts, and our non- f Senator from Massachusetts (Mr. KEN- partisan support staff did their usual AUTHORIZING EXPENDITURES BY NEDY) is necessarily absent. superb job of allowing the policy staff COMMITTEES OF THE SENATE Mr. KYL. The following Senator is to complete their work under such necessarily absent: the Senator from Mr. DURBIN. Mr. President, I ask tight deadlines. unanimous consent that the Senate Nebraska (Mr. JOHANNS). Without the hard work, dedication The PRESIDING OFFICER (Mr. proceed to immediate consideration of and extraordinary effort of all the staff S. Res. 73, which was submitted earlier UDALL of Colorado). Are there any members of this committee, we would other Senators in the Chamber desiring today. not have passed the Recovery Act or The PRESIDING OFFICER. Without to vote? the 2009 omnibus. As the chairman of objection, it is so ordered. The result was announced—yeas 62, this committee, and on behalf of the The clerk will report. nays 35, as follows: American people who they serve so The assistant legislative clerk read [Rollcall Vote No. 96 Leg.] well, I thank them for their excep- as follows: YEAS—62 tional efforts and for providing me A resolution (S. Res. 73) authorizing ex- Akaka Gillibrand Nelson (NE) such an outstanding start to my time penditures by committees of the Senate for Alexander Hagan Pryor the periods March 1, 2009, through September Baucus Harkin as leader of this committee. Reed I submit the names of all of the staff 30, 2009, and October 1, 2009, through Sep- Begich Inouye Reid tember 30, 2010, and October 1, 2010, through Bennet Johnson Rockefeller members of the Senate Appropriations February 28, 2011. Bingaman Kaufman Sanders Committee for the RECORD. There being no objection, the Senate Bond Kerry Schumer The list is as follows: Boxer Klobuchar Shaheen proceeded to consider the resolution. Brown Kohl Carrie Apostolou, Arex Avanni, Michael Shelby Mr. DURBIN. Mr. President, I ask Burris Landrieu Bain, Dennis Balkham, Gabrielle Batkin, Snowe unanimous consent that the resolution Byrd Lautenberg Katie Batte, Ellen Beares, Rebecca Benn, Su- Specter Cantwell Leahy zanne Bentzel, Lisa Bernhardt, Jessica be agreed to, the motion to reconsider Cardin Levin Stabenow be laid upon the table, and that any Tester Berry, Rob Blumenthal, David Bonine, John Carper Lieberman Bray, Dale Cabaniss, Art Cameron, George A statements relating thereto be printed Casey Lincoln Udall (CO) Cochran Menendez Udall (NM) Castro, Doug Clapp. in the RECORD. Conrad Merkley Warner Roger Cockrell, John J. Conway, Erin Cor- The PRESIDING OFFICER. Without Dodd Mikulski Webb coran, Carol Cribbs, Margaret Cummisky, objection, it is so ordered. Dorgan Murkowski Whitehouse Teri Curtin, Allen Cutler, Scott Dalzell, Re- The resolution (S. Res. 73) was agreed Durbin Murray Wicker becca Davies, Nicole Di Resta, Mary to, as follows: Feinstein Nelson (FL) Wyden Dietrich, Drenan Dudley, Fitz Elder, Kate S. RES. 73 NAYS—35 Eltrich, Christina Evans, Bruce Evans, Alycia Farrell, Erik Fatemi, Kate Resolved, Barrasso DeMint Lugar SECTION 1. AGGREGATE AUTHORIZATION. Bayh Ensign Martinez Fitzpatrick. Leif Fonnesbeck, Galen Fountain, Jessica (a) IN GENERAL.—For purposes of carrying Bennett Enzi McCain out the powers, duties, and functions under Brownback Feingold Frederick, Lauren Frese, Brad Fuller, Barry McCaskill the Standing Rules of the Senate, and under Bunning Graham McConnell Gaffney, Colleen Gaydos, Paul Grove, Katy Burr Grassley Hagan, Adrienne Hallett, Diana Hamilton, the appropriate authorizing resolutions of Risch the Senate there is authorized for the period Chambliss Gregg Roberts Ben Hammond, Jonathan Harwitz, Lila March 1, 2009, through September 30, 2009, in Coburn Hatch Sessions Helms, Stewart Holmes, Charles Houy, Doris Collins Hutchison the aggregate of $69,152,989, for the period Thune Jackson, Virginia James, Rachel Jones. Corker Inhofe Vitter Jon Kamarck, Dennis Kaplan, Kate Kaufer, October 1, 2009, through September 30, 2010, Cornyn Isakson Voinovich in the aggregate of $121,593,254, and for the Crapo Kyl Charles Kieffer, Peter Kiefhaber, Jeff Kratz. Mark Laisch, Richard Larson, Ellen period October 1, 2010, through February 28, NOT VOTING—2 Maldonado, Nikole Manatt, Stacy McBride, 2011, in the aggregate of $51,787,223, in ac- cordance with the provisions of this resolu- Johanns Kennedy Matthew McCardle, Meaghan McCarthy, Ra- tion, for standing committees of the Senate, chel Milberg, Mark Moore, Fernanda Motta, The PRESIDING OFFICER. On this the Special Committee on Aging, the Select Ellen Murray, Scott Nance. vote, the yeas are 62, the nays are 35. Hong Nguyen, Nancy Olkewicz, Scott Committee on Intelligence, and the Com- Three-fifths of the Senators duly cho- O’Malia, Thomas Osterhoudt, Sudip Parikh, mittee on Indian Affairs. (b) AGENCY CONTRIBUTIONS.—There are au- sen and sworn having voted in the af- Melissa Petersen, Brian Potts, Dianne thorized such sums as may be necessary for firmative, the motion is agreed to. Preece, Bob Putnam, Erik Raven, Gary agency contributions related to the com- Reese, Tim Rieser, Peter Rogoff, Betsy Mr. INOUYE. Mr. President, I wish to pensation of employees of the committees Schmid, Rachelle Schroeder, Chad Schulken. recognize the staff of the Senate Com- for the period March 1, 2009, through Sep- LaShawnda Smith, Renan Snowden, mittee on Appropriations. Since I as- tember 30, 2009, for the period October 1, 2009, Reggie Stewart, Goodloe Sutton, Rachael through September 30, 2010, and for the pe- sumed the chairmanship of the com- Taylor, Bettilou Taylor, Christa Thompson, riod October 1, 2010, through February 28, mittee less than 2 months ago, on Jan- Marianne Upton, Chip Walgren, Chris Wat- 2011, to be paid from the appropriations ac- uary 21, the staff of the committee has kins, Jeremy Weirich, Augusta Wilson, count for ‘‘Expenses of Inquiries and Inves- accomplished some extraordinary Sarah Wilson, Brian Wilson, Franz tigations’’ of the Senate. things. Wuerfmannsdobler, Michele Wymer, Bridget Zarate. SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- The committee held a markup on the TION, AND FORESTRY. American Recovery and Reinvestment The PRESIDING OFFICER. Under (a) GENERAL AUTHORITY.—In carrying out Act less than a week after I assumed the previous order, cloture having been its powers, duties, and functions under the

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.055 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2955 Standing Rules of the Senate, in accordance September 30, 2009, under this section shall lative Reorganization Act of 1946 (2 U.S.C. with its jurisdiction under rule XXV of such not exceed $4,639,258, of which amount— 72a(i))); and rules, including holding hearings, reporting (1) not to exceed $75,000, may be expended (2) not to exceed $1,200, may be expended such hearings, and making investigations as for the procurement of the services of indi- for the training of the professional staff of authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof such committee (under procedures specified XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). the Committee on Agriculture, Nutrition, lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY and Forestry is authorized from March 1, 72a(i))); and 28, 2011.—For the period October 1, 2010, 2009, through February 28, 2011, in its discre- (2) not to exceed $30,000, may be expended through February 28, 2011, expenses of the tion— for the training of the professional staff of committee under this section shall not ex- (1) to make expenditures from the contin- such committee (under procedures specified ceed $3,148,531, of which amount— gent fund of the Senate; by section 202(j) of that Act). (1) not to exceed $8,333, may be expended (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- for the procurement of the services of indi- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof ment department or agency concerned and period October 1, 2009, through September 30, (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, 2010, under this section shall not exceed lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- $8,158,696, of which amount— (2) not to exceed $500, may be expended for able, basis the services of personnel of any (1) not to exceed $80,000, may be expended the training of the professional staff of such such department or agency. for the procurement of the services of indi- committee (under procedures specified by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- SEC. 5. COMMITTEE ON THE BUDGET. mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out September 30, 2009, under this section shall 72a(i))); and its powers, duties, and functions under the not exceed $2,735,622, of which amount— (2) not to exceed $30,000, may be expended Standing Rules of the Senate, in accordance (1) not to exceed $200,000, may be expended for the training of the professional staff of with its jurisdiction under rule XXV of such for the procurement of the services of indi- such committee (under procedures specified rules, including holding hearings, reporting such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraph 1 of rule XXVI of (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Standing Rules of the Senate, the Com- lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, mittee on the Budget is authorized from 72a(i))); and through February 28, 2011, expenses of the committee under this section shall not ex- March 1, 2009, through February 28, 2011, in (2) not to exceed $40,000, may be expended its discretion— for the training of the professional staff of ceed $3,475,330, of which amount— (1) not to exceed $50,000, may be expended (1) to make expenditures from the contin- such committee (under procedures specified gent fund of the Senate; by section 202(j) of that Act). for the procurement of the services of indi- vidual consultants, or organizations thereof (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2009, through September 30, the Committee on Rules and Administration, 2010, under this section shall not exceed (2) not to exceed $30,000, may be expended for the training of the professional staff of to use on a reimbursable, or nonreimburs- $4,809,496, of which amount— able, basis the services of personnel of any (1) not to exceed $200,000, may be expended such committee (under procedures specified by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- (b) EXPENSES FOR PERIOD ENDING SEP- SEC. 4. COMMITTEE ON BANKING, HOUSING, AND vidual consultants, or organizations thereof TEMBER 30, 2009.—The expenses of the com- URBAN AFFAIRS. (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2009, through (a) GENERAL AUTHORITY.—In carrying out lative Reorganization Act of 1946 (2 U.S.C. September 30, 2009, under this section shall its powers, duties, and functions under the 72a(i))); and not exceed $4,384,507, of which amount— Standing Rules of the Senate, in accordance (2) not to exceed $40,000, may be expended (1) not to exceed $35,000, may be expended with its jurisdiction under rule XXV of such for the training of the professional staff of for the procurement of the services of indi- rules, including holding hearings, reporting such committee (under procedures specified vidual consultants, or organizations thereof such hearings, and making investigations as by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- authorized by paragraphs 1 and 8 of rule (d) EXPENSES FOR PERIOD ENDING FEBRUARY lative Reorganization Act of 1946 (2 U.S.C. XXVI of the Standing Rules of the Senate, 28, 2011.—For the period October 1, 2010, 72a(i))); and the Committee on Banking, Housing, and through February 28, 2011, expenses of the (2) not to exceed $70,000, may be expended Urban Affairs is authorized from March 1, committee under this section shall not ex- for the training of the professional staff of 2009, through February 28, 2011, in its discre- ceed $2,048,172, of which amount— such committee (under procedures specified tion— (1) not to exceed $200,000, may be expended by section 202(j) of that Act). (1) to make expenditures from the contin- for the procurement of the services of indi- (c) EXPENSES FOR FISCAL YEAR 2010 PE- gent fund of the Senate; vidual consultants, or organizations thereof RIOD.—The expenses of the committee for the (2) to employ personnel; and (as authorized by section 202(i) of the Legis- period October 1, 2009, through September 30, (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and 2010, under this section shall not exceed ment department or agency concerned and (2) not to exceed $40,000, may be expended $7,711,049, of which amount— the Committee on Rules and Administration, for the training of the professional staff of (1) not to exceed $60,000, may be expended to use on a reimbursable, or nonreimburs- such committee (under procedures specified for the procurement of the services of indi- able, basis the services of personnel of any by section 202(j) of that Act). vidual consultants, or organizations thereof such department or agency. (as authorized by section 202(i) of the Legis- SEC. 3. COMMITTEE ON ARMED SERVICES. (b) EXPENSES FOR PERIOD ENDING SEP- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2009.—The expenses of the com- 72a(i))); and its powers, duties, and functions under the mittee for the period March 1, 2009, through (2) not to exceed $120,000, may be expended Standing Rules of the Senate, in accordance September 30, 2009, under this section shall for the training of the professional staff of with its jurisdiction under rule XXV of such not exceed $4,204,901, of which amount— such committee (under procedures specified rules, including holding hearings, reporting (1) not to exceed $11,667, may be expended by section 202(j) of that Act). such hearings, and making investigations as for the procurement of the services of indi- (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof 28, 2011.—For the period October 1, 2010, XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- through February 28, 2011, expenses of the the Committee on Armed Services is author- lative Reorganization Act of 1946 (2 U.S.C. committee under this section shall not ex- ized from March 1, 2009, through February 28, 72a(i))); and ceed $3,284,779, of which amount— 2011, in its discretion— (2) not to exceed $700, may be expended for (1) not to exceed $25,000, may be expended (1) to make expenditures from the contin- the training of the professional staff of such for the procurement of the services of indi- gent fund of the Senate; committee (under procedures specified by vidual consultants, or organizations thereof (2) to employ personnel; and section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2010 PE- lative Reorganization Act of 1946); and ment department or agency concerned and RIOD.—The expenses of the committee for the (2) not to exceed $50,000, may be expended the Committee on Rules and Administration, period October 1, 2009, through September 30, for the training of the professional staff of to use on a reimbursable, or nonreimburs- 2010, under this section shall not exceed such committee (under procedures specified able, basis the services of personnel of any $7,393,024, of which amount— by section 202(j) of that Act). such department or agency. (1) not to exceed $20,000, may be expended SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- AND TRANSPORTATION. TEMBER 30, 2009.—The expenses of the com- vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through (as authorized by section 202(i) of the Legis- its powers, duties, and functions under the

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE S2956 CONGRESSIONAL RECORD — SENATE March 10, 2009 Standing Rules of the Senate, in accordance September 30, 2009, under this section shall the Committee on Finance is authorized with its jurisdiction under rule XXV of such not exceed $3,833,400. from March 1, 2009, through February 28, rules, including holding hearings, reporting (c) EXPENSES FOR FISCAL YEAR 2010 PE- 2011, in its discretion— such hearings, and making investigations as RIOD.—The expenses of the committee for the (1) to make expenditures from the contin- authorized by paragraphs 1 and 8 of rule period October 1, 2009, through September 30, gent fund of the Senate; XXVI of the Standing Rules of the Senate, 2010, under this section shall not exceed (2) to employ personnel; and the Committee on Commerce, Science, and $6,740,569. (3) with the prior consent of the Govern- Transportation is authorized from March 1, (d) EXPENSES FOR PERIOD ENDING FEBRUARY ment department or agency concerned and 2009, through February 28, 2011, in its discre- 28, 2011.—For the period October 1, 2010, the Committee on Rules and Administration, tion— through February 28, 2011, expenses of the to use on a reimbursable, or nonreimburs- (1) to make expenditures from the contin- committee under this section shall not ex- able, basis the services of personnel of any gent fund of the Senate; ceed $2,870,923. such department or agency. (2) to employ personnel; and SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- (b) EXPENSES FOR PERIOD ENDING SEP- (3) with the prior consent of the Govern- LIC WORKS. TEMBER 30, 2009.—The expenses of the com- ment department or agency concerned and (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through the Committee on Rules and Administration, its powers, duties, and functions under the September 30, 2009, under this section shall to use on a reimbursable, or nonreimburs- Standing Rules of the Senate, in accordance not exceed $5,210,765, of which amount— able, basis the services of personnel of any with its jurisdiction under rule XXV of such (1) not to exceed $17,500, may be expended such department or agency. rules, including holding hearings, reporting for the procurement of the services of indi- (b) EXPENSES FOR PERIOD ENDING SEP- such hearings, and making investigations as vidual consultants, or organizations thereof TEMBER 30, 2009.—The expenses of the com- authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2009, through XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. September 30, 2009, under this section shall the Committee on Environment and Public 72a(i))); and not exceed $4,529,245, of which amount— Works is authorized from March 1, 2009, (2) not to exceed $5,833, may be expended (1) not to exceed $50,000, may be expended through February 28, 2011, in its discretion— for the training of the professional staff of for the procurement of the services of indi- (1) to make expenditures from the contin- such committee (under procedures specified vidual consultants, or organizations thereof gent fund of the Senate; by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- lative Reorganization Act of 1946 (2 U.S.C. (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the 72a(i))); and ment department or agency concerned and period October 1, 2009, through September 30, (2) not to exceed $50,000, may be expended the Committee on Rules and Administration, 2010, under this section shall not exceed $9,161,539, of which amount— for the training of the professional staff of to use on a reimbursable, or nonreimburs- (1) not to exceed $30,000, may be expended such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof (b) EXPENSES FOR PERIOD ENDING SEP- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- TEMBER 30, 2009.—The expenses of the com- period October 1, 2009, through September 30, mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. 2010, under this section shall not exceed September 30, 2009, under this section shall 72a(i))); and $7,963,737, of which amount— not exceed $3,529,786, of which amount— (2) not to exceed $10,000, may be expended (1) not to exceed $50,000, may be expended (1) not to exceed $4,667, may be expended for the training of the professional staff of for the procurement of the services of indi- for the procurement of the services of indi- such committee (under procedures specified vidual consultants, or organizations thereof vidual consultants, or organizations thereof by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, lative Reorganization Act of 1946 (2 U.S.C. 72a(i))); and through February 28, 2011, expenses of the 72a(i))); and (2) not to exceed $50,000, may be expended committee under this section shall not ex- (2) not to exceed $1,167, may be expended for the training of the professional staff of ceed $3,901,707, of which amount— for the training of the professional staff of such committee (under procedures specified (1) not to exceed $12,500, may be expended such committee (under procedures specified by section 202(j) of that Act). for the procurement of the services of indi- by section 202(j) of that Act). (d) EXPENSES FOR PERIOD ENDING FEBRUARY vidual consultants, or organizations thereof XPENSES FOR FISCAL YEAR 2010 PE- 28, 2011.—For the period October 1, 2010, (c) E (as authorized by section 202(i) of the Legis- RIOD.—The expenses of the committee for the through February 28, 2011, expenses of the lative Reorganization Act of 1946); and period October 1, 2009, through September 30, committee under this section shall not ex- (2) not to exceed $4,167, may be expended 2010, under this section shall not exceed ceed $3,391,751, of which amount— for the training of the professional staff of $6,204,665, of which amount— (1) not to exceed $50,000, may be expended such committee (under procedures specified (1) not to exceed $8,000, may be expended for the procurement of the services of indi- by section 202(j) of that Act). for the procurement of the services of indi- vidual consultants, or organizations thereof SEC. 10. COMMITTEE ON FOREIGN RELATIONS. vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946); and its powers, duties, and functions under the lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $50,000, may be expended Standing Rules of the Senate, in accordance 72a(i))); and for the training of the professional staff of with its jurisdiction under rule XXV of such such committee (under procedures specified (2) not to exceed $2,000, may be expended rules, including holding hearings, reporting by section 202(j) of that Act). for the training of the professional staff of such hearings, and making investigations as such committee (under procedures specified SEC. 7. COMMITTEE ON ENERGY AND NATURAL authorized by paragraphs 1 and 8 of rule RESOURCES. by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, (a) GENERAL AUTHORITY.—In carrying out (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Foreign Relations is au- its powers, duties, and functions under the 28, 2011.—For the period October 1, 2010, thorized from March 1, 2009, through Feb- Standing Rules of the Senate, in accordance through February 28, 2011, expenses of the ruary 28, 2011, in its discretion— with its jurisdiction under rule XXV of such committee under this section shall not ex- (1) to make expenditures from the contin- rules, including holding hearings, reporting ceed $2,641,940, of which amount— gent fund of the Senate; such hearings, and making investigations as (1) not to exceed $3,333, may be expended (2) to employ personnel; and authorized by paragraphs 1 and 8 of rule for the procurement of the services of indi- (3) with the prior consent of the Govern- XXVI of the Standing Rules of the Senate, vidual consultants, or organizations thereof ment department or agency concerned and the Committee on Energy and Natural Re- (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, sources is authorized from March 1, 2009, lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- through February 28, 2011, in its discretion— (2) not to exceed $833, may be expended for able, basis the services of personnel of any (1) to make expenditures from the contin- the training of the professional staff of such such department or agency. gent fund of the Senate; committee (under procedures specified by (b) EXPENSES FOR PERIOD ENDING SEP- (2) to employ personnel; and section 202(j) of that Act). TEMBER 30, 2009.—The expenses of the com- (3) with the prior consent of the Govern- SEC. 9. COMMITTEE ON FINANCE. mittee for the period March 1, 2009, through ment department or agency concerned and (a) GENERAL AUTHORITY.—In carrying out September 30, 2009, under this section shall the Committee on Rules and Administration, its powers, duties, and functions under the not exceed $4,291,761, of which amount— to use on a reimbursable, or nonreimburs- Standing Rules of the Senate, in accordance (1) not to exceed $100,000, may be expended able, basis the services of personnel of any with its jurisdiction under rule XXV of such for the procurement of the services of indi- such department or agency. rules, including holding hearings, reporting vidual consultants, or organizations thereof (b) EXPENSES FOR PERIOD ENDING SEP- such hearings, and making investigations as (as authorized by section 202(i) of the Legis- TEMBER 30, 2009.—The expenses of the com- authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. mittee for the period March 1, 2009, through XXVI of the Standing Rules of the Senate, 72a(i))); and

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2957 (2) not to exceed $20,000, may be expended through February 28, 2011, expenses of the feasance, malfeasance, collusion, mis- for the training of the professional staff of committee under this section shall not ex- management, incompetence, corruption, or such committee (under procedures specified ceed $4,473,755, of which amount— unethical practices, waste, extravagance, by section 202(j) of that Act). (1) not to exceed $75,000, may be expended conflicts of interest, and the improper ex- (c) EXPENSES FOR FISCAL YEAR 2010 PE- for the procurement of the services of indi- penditure of Government funds in trans- RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof actions, contracts, and activities of the Gov- period October 1, 2009, through September 30, (as authorized by section 202(i) of the Legis- ernment or of Government officials and em- 2010, under this section shall not exceed lative Reorganization Act of 1946); and ployees and any and all such improper prac- $7,546,310, of which amount— (2) not to exceed $25,000, may be expended tices between Government personnel and (1) not to exceed $100,000, may be expended for the training of the professional staff of corporations, individuals, companies, or per- for the procurement of the services of indi- such committee (under procedures specified sons affiliated therewith, doing business vidual consultants, or organizations thereof by section 202(j) of that Act). with the Government; and the compliance or (as authorized by section 202(i) of the Legis- SEC. 12. COMMITTEE ON HOMELAND SECURITY noncompliance of such corporations, compa- lative Reorganization Act of 1946 (2 U.S.C. AND GOVERNMENTAL AFFAIRS. nies, or individuals or other entities with the 72a(i))); and (a) GENERAL AUTHORITY.—In carrying out rules, regulations, and laws governing the (2) not to exceed $20,000, may be expended its powers, duties, and functions under the various governmental agencies and its rela- for the training of the professional staff of Standing Rules of the Senate, in accordance tionships with the public; such committee (under procedures specified with its jurisdiction under rule XXV of such (B) the extent to which criminal or other by section 202(j) of that Act). rules and S. Res. 445, agreed to October 9, improper practices or activities are, or have (d) EXPENSES FOR PERIOD ENDING FEBRUARY 2004 (108th Congress), including holding hear- been, engaged in the field of labor-manage- 28, 2011.—For the period October 1, 2010, ings, reporting such hearings, and making ment relations or in groups or organizations through February 28, 2011, expenses of the investigations as authorized by paragraphs 1 of employees or employers, to the detriment committee under this section shall not ex- and 8 of rule XXVI of the Standing Rules of of interests of the public, employers, or em- ceed $3,214,017, of which amount— the Senate, the Committee on Homeland Se- ployees, and to determine whether any (1) not to exceed $100,000, may be expended curity and Governmental Affairs is author- changes are required in the laws of the for the procurement of the services of indi- ized from March 1, 2009, through February 28, United States in order to protect such inter- vidual consultants, or organizations thereof 2011, in its discretion— ests against the occurrence of such practices (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- or activities; lative Reorganization Act of 1946); and gent fund of the Senate; (C) organized criminal activity which may (2) not to exceed $20,000, may be expended (2) to employ personnel; and operate in or otherwise utilize the facilities for the training of the professional staff of (3) with the prior consent of the Govern- of interstate or international commerce in such committee (under procedures specified ment department or agency concerned and furtherance of any transactions and the by section 202(j) of that Act). the Committee on Rules and Administration, manner and extent to which, and the iden- SEC. 11. COMMITTEE ON HEALTH, EDUCATION, to use on a reimbursable, or nonreimburs- tity of the persons, firms, or corporations, or LABOR, AND PENSIONS. able, basis the services of personnel of any other entities by whom such utilization is (a) GENERAL AUTHORITY.—In carrying out such department or agency. being made, and further, to study and inves- its powers, duties, and functions under the (b) EXPENSES FOR PERIOD ENDING SEP- tigate the manner in which and the extent to Standing Rules of the Senate, in accordance TEMBER 30, 2009.—The expenses of the com- which persons engaged in organized criminal with its jurisdiction under rule XXV of such mittee for the period March 1, 2009, through activity have infiltrated lawful business en- rules, including holding hearings, reporting September 30, 2009, under this section shall terprise, and to study the adequacy of Fed- such hearings, and making investigations as not exceed $6,742,824, of which amount— eral laws to prevent the operations of orga- authorized by paragraphs 1 and 8 of rule (1) not to exceed $75,000, may be expended nized crime in interstate or international XXVI of the Standing Rules of the Senate, for the procurement of the services of indi- commerce; and to determine whether any the Committee on Health, Education, Labor, vidual consultants, or organizations thereof changes are required in the laws of the and Pensions is authorized from March 1, (as authorized by section 202(i) of the Legis- United States in order to protect the public 2009, through February 28, 2011, in its discre- lative Reorganization Act of 1946 (2 U.S.C. against such practices or activities; tion— 72a(i))); and (D) all other aspects of crime and lawless- (1) to make expenditures from the contin- (2) not to exceed $20,000, may be expended ness within the United States which have an gent fund of the Senate; for the training of the professional staff of impact upon or affect the national health, (2) to employ personnel; and such committee (under procedures specified welfare, and safety; including but not lim- (3) with the prior consent of the Govern- by section 202(j) of that Act). ited to investment fraud schemes, com- ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2010 PE- modity and security fraud, computer fraud, the Committee on Rules and Administration, RIOD.—The expenses of the committee for the and the use of offshore banking and cor- to use on a reimbursable, or nonreimburs- period October 1, 2009, through September 30, porate facilities to carry out criminal objec- able, basis the services of personnel of any 2010, under this section shall not exceed tives; such department or agency. $11,856,527, of which amount— (E) the efficiency and economy of oper- (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $75,000, may be expended ations of all branches and functions of the TEMBER 30, 2009.—The expenses of the com- for the procurement of the services of indi- Government with particular reference to— mittee for the period March 1, 2009, through vidual consultants, or organizations thereof (i) the effectiveness of present national se- September 30, 2009, under this section shall (as authorized by section 202(i) of the Legis- curity methods, staffing, and processes as not exceed $5,973,747, of which amount— lative Reorganization Act of 1946 (2 U.S.C. tested against the requirements imposed by (1) not to exceed $75,000, may be expended 72a(i))); and the rapidly mounting complexity of national for the procurement of the services of indi- (2) not to exceed $20,000, may be expended security problems; vidual consultants, or organizations thereof for the training of the professional staff of (ii) the capacity of present national secu- (as authorized by section 202(i) of the Legis- such committee (under procedures specified rity staffing, methods, and processes to lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). make full use of the Nation’s resources of 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY knowledge and talents; (2) not to exceed $25,000, may be expended 28, 2011.—For the period October 1, 2010, (iii) the adequacy of present intergovern- for the training of the professional staff of through February 28, 2011, expenses of the mental relations between the United States such committee (under procedures specified committee under this section shall not ex- and international organizations principally by section 202(j) of that Act). ceed $5,049,927, of which amount— concerned with national security of which (c) EXPENSES FOR FISCAL YEAR 2010 PE- (1) not to exceed $75,000, may be expended the United States is a member; and RIOD.—The expenses of the committee for the for the procurement of the services of indi- (iv) legislative and other proposals to im- period October 1, 2009, through September 30, vidual consultants, or organizations thereof prove these methods, processes, and relation- 2010, under this section shall not exceed (as authorized by section 202(i) of the Legis- ships; $10,503,951, of which amount— lative Reorganization Act of 1946); and (F) the efficiency, economy, and effective- (1) not to exceed $75,000, may be expended (2) not to exceed $20,000, may be expended ness of all agencies and departments of the for the procurement of the services of indi- for the training of the professional staff of Government involved in the control and vidual consultants, or organizations thereof such committee (under procedures specified management of energy shortages including, (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). but not limited to, their performance with lative Reorganization Act of 1946 (2 U.S.C. (e) INVESTIGATIONS.— respect to— 72a(i))); and (1) IN GENERAL.—The committee, or any (i) the collection and dissemination of ac- (2) not to exceed $25,000, may be expended duly authorized subcommittee of the com- curate statistics on fuel demand and supply; for the training of the professional staff of mittee, is authorized to study or inves- (ii) the implementation of effective energy such committee (under procedures specified tigate— conservation measures; by section 202(j) of that Act). (A) the efficiency and economy of oper- (iii) the pricing of energy in all forms; (d) EXPENSES FOR PERIOD ENDING FEBRUARY ations of all branches of the Government in- (iv) coordination of energy programs with 28, 2011.—For the period October 1, 2010, cluding the possible existence of fraud, mis- State and local government;

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE S2958 CONGRESSIONAL RECORD — SENATE March 10, 2009 (v) control of exports of scarce fuels; the Committee on Rules and Administration, 2010, under this section shall not exceed (vi) the management of tax, import, pric- to use on a reimbursable, or nonreimburs- $3,161,766, of which amount— ing, and other policies affecting energy sup- able, basis the services of personnel of any (1) not to exceed $50,000, may be expended plies; such department or agency. for the procurement of the services of indi- (vii) maintenance of the independent sec- (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof tor of the petroleum industry as a strong TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- competitive force; mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. (viii) the allocation of fuels in short supply September 30, 2009, under this section shall 72a(i))); and by public and private entities; not exceed $6,528,294, of which amount— (2) not to exceed $10,000, may be expended (ix) the management of energy supplies (1) not to exceed $116,667, may be expended for the training of the professional staff of owned or controlled by the Government; for the procurement of the services of indi- such committee (under procedures specified (x) relations with other oil producing and vidual consultants, or organizations thereof by section 202(j) of that Act). consuming countries; (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (xi) the monitoring of compliance by gov- lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, ernments, corporations, or individuals with 72a(i))); and through February 28, 2011, expenses of the the laws and regulations governing the allo- (2) not to exceed $11,667, may be expended committee under this section shall not ex- cation, conservation, or pricing of energy for the training of the professional staff of ceed $1,346,931, of which amount— supplies; and such committee (under procedures specified (1) not to exceed $21,000, may be expended (xii) research into the discovery and devel- by section 202(j) of that Act). for the procurement of the services of indi- opment of alternative energy supplies; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof (G) the efficiency and economy of all RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- branches and functions of Government with period October 1, 2009, through September 30, lative Reorganization Act of 1946); and particular references to the operations and 2010, under this section shall not exceed (2) not to exceed $4,200, may be expended management of Federal regulatory policies $11,481,341, of which amount— for the training of the professional staff of and programs. (1) not to exceed $200,000, may be expended such committee (under procedures specified (2) EXTENT OF INQUIRIES.—In carrying out for the procurement of the services of indi- by section 202(j) of that Act). the duties provided in paragraph (1), the in- vidual consultants, or organizations thereof SEC. 15. COMMITTEE ON SMALL BUSINESS AND quiries of this committee or any sub- (as authorized by section 202(i) of the Legis- ENTREPRENEURSHIP. committee of the committee shall not be lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out construed to be limited to the records, func- 72a(i))); and its powers, duties, and functions under the tions, and operations of any particular (2) not to exceed $20,000, may be expended Standing Rules of the Senate, in accordance branch of the Government and may extend for the training of the professional staff of with its jurisdiction under rule XXV of such to the records and activities of any persons, such committee (under procedures specified rules, including holding hearings, reporting corporation, or other entity. by section 202(j) of that Act). such hearings, and making investigations as (3) SPECIAL COMMITTEE AUTHORITY.—For (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule the purposes of this subsection, the com- 28, 2011.—For the period October 1, 2010, XXVI of the Standing Rules of the Senate, mittee, or any duly authorized sub- through February 28, 2011, expenses of the the Committee on Small Business and Entre- committee of the committee, or its chair- committee under this section shall not ex- preneurship is authorized from March 1, 2009, man, or any other member of the committee ceed $4,890,862, of which amount— through February 28, 2011, in its discretion— or subcommittee designated by the chair- (1) not to exceed $83,333, may be expended (1) to make expenditures from the contin- man, from March 1, 2009, through February for the procurement of the services of indi- gent fund of the Senate; 28, 2011, is authorized, in its, his, hers, or vidual consultants, or organizations thereof (2) to employ personnel; and their discretion— (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- (A) to require by subpoena or otherwise the lative Reorganization Act of 1946); and ment department or agency concerned and attendance of witnesses and production of (2) not to exceed $8,333, may be expended the Committee on Rules and Administration, correspondence, books, papers, and docu- for the training of the professional staff of to use on a reimbursable, or nonreimburs- ments; such committee (under procedures specified able, basis the services of personnel of any (B) to hold hearings; by section 202(j) of that Act). such department or agency. (C) to sit and act at any time or place dur- SEC. 14. COMMITTEE ON RULES AND ADMINIS- (b) EXPENSES FOR PERIOD ENDING SEP- ing the sessions, recess, and adjournment pe- TRATION. TEMBER 30, 2009.—The expenses of the com- riods of the Senate; (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through (D) to administer oaths; and its powers, duties, and functions under the September 30, 2009, under this section shall (E) to take testimony, either orally or by Standing Rules of the Senate, in accordance not exceed $1,693,240, of which amount— sworn statement, or, in the case of staff with its jurisdiction under rule XXV of such (1) not to exceed $25,000, may be expended members of the Committee and the Perma- rules, including holding hearings, reporting for the procurement of the services of indi- nent Subcommittee on Investigations, by such hearings, and making investigations as vidual consultants, or organizations thereof deposition in accordance with the Com- authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- mittee Rules of Procedure. XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. (4) AUTHORITY OF OTHER COMMITTEES.— the Committee on Rules and Administration 72a(i))); and Nothing contained in this subsection shall is authorized from March 1, 2009, through (2) not to exceed $10,000, may be expended affect or impair the exercise of any other February 28, 2011, in its discretion— for the training of the professional staff of standing committee of the Senate of any (1) to make expenditures from the contin- such committee (under procedures specified power, or the discharge by such committee gent fund of the Senate; by section 202(j) of that Act). of any duty, conferred or imposed upon it by (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- the Standing Rules of the Senate or by the (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the Legislative Reorganization Act of 1946. ment department or agency concerned and period October 1, 2009, through September 30, (5) SUBPOENA AUTHORITY.—All subpoenas the Committee on Rules and Administration, 2010, under this section shall not exceed and related legal processes of the committee to use on a reimbursable, or nonreimburs- $2,976,370, of which amount— and its subcommittee authorized under S. able, basis the services of personnel of any (1) not to exceed $25,000, may be expended Res. 89, agreed to March 1, 2007 (110th Con- such department or agency. for the procurement of the services of indi- gress) are authorized to continue. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof SEC. 13. COMMITTEE ON THE JUDICIARY. TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2009, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $1,797,669, of which amount— (2) not to exceed $10,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $30,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, the Committee on the Judiciary is author- 72a(i))); and through February 28, 2011, expenses of the ized from March 1, 2009, through February 28, (2) not to exceed $6,000, may be expended committee under this section shall not ex- 2011, in its discretion— for the training of the professional staff of ceed $1,267,330, of which amount— (1) to make expenditures from the contin- such committee (under procedures specified (1) not to exceed $25,000, may be expended gent fund of the Senate; by section 202(j) of that Act). for the procurement of the services of indi- (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- ment department or agency concerned and period October 1, 2009, through September 30, lative Reorganization Act of 1946); and

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(2) not to exceed $10,000, may be expended (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- for the training of the professional staff of TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. such committee (under procedures specified mittee for the period March 1, 2009, through 72a(i))); and by section 202(j) of that Act). September 30, 2009, under this section shall (2) not to exceed $2,000, may be expended SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. not exceed $1,892,515, of which amount— for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out (1) not to exceed $117,000, may be expended such committee (under procedures specified its powers, duties, and functions under the for the procurement of the services of indi- by section 202(j) of that Act). Standing Rules of the Senate, in accordance vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY with its jurisdiction under rule XXV of such (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, rules, including holding hearings, reporting lative Reorganization Act of 1946); and through February 28, 2011, expenses of the such hearings, and making investigations as (2) not to exceed $10,000, may be expended committee under this section shall not ex- authorized by paragraphs 1 and 8 of rule for the training of the professional staff of ceed $3,108,302, of which amount— XXVI of the Standing Rules of the Senate, such committee (under procedures specified (1) not to exceed $27,083, may be expended the Committee on Veterans’ Affairs is au- by section 202(j) of that Act). for the procurement of the services of indi- thorized from March 1, 2009, through Feb- (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof ruary 28, 2011, in its discretion— RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- period October 1, 2009, through September 30, lative Reorganization Act of 1946); and gent fund of the Senate; 2010, under this section shall not exceed (2) not to exceed $833, may be expended for (2) to employ personnel; and $3,327,243, of which amount— the training of the professional staff of such (3) with the prior consent of the Govern- (1) not to exceed $200,000, may be expended committee (under procedures specified by ment department or agency concerned and for the procurement of the services of indi- section 202(j) of that Act). the Committee on Rules and Administration, vidual consultants, or organizations thereof SEC. 19. COMMITTEE ON INDIAN AFFAIRS. to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any lative Reorganization Act of 1946); and its powers, duties, and functions imposed by such department or agency. (2) not to exceed $15,000, may be expended section 105 of S. Res. 4, agreed to February 4, (b) EXPENSES FOR PERIOD ENDING SEP- for the training of the professional staff of 1977 (95th Congress), and in exercising the TEMBER 30, 2009.—The expenses of the com- such committee (under procedures specified authority conferred on it by that section, mittee for the period March 1, 2009, through by section 202(j) of that Act). the Committee on Indian Affairs is author- September 30, 2009, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY ized from March 1, 2009, through February 28, not exceed $1,565,089, of which amount— 28, 2011.—For the period October 1, 2010, 2011, in its discretion— (1) not to exceed $59,000, may be expended through February 28, 2011, expenses of the (1) to make expenditures from the contin- for the procurement of the services of indi- committee under this section shall not ex- gent fund of the Senate; vidual consultants, or organizations thereof ceed $1,416,944, of which amount— (2) to employ personnel; and (as authorized by section 202(i) of the Legis- (1) not to exceed $85,000, may be expended (3) with the prior consent of the Govern- lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- ment department or agency concerned and 72a(i))); and vidual consultants, or organizations thereof the Committee on Rules and Administration, (2) not to exceed $12,000, may be expended (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- for the training of the professional staff of lative Reorganization Act of 1946); and able, basis the services of personnel of any such committee (under procedures specified (2) not to exceed $5,000, may be expended such department or agency. by section 202(j) of that Act). for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- (c) EXPENSES FOR FISCAL YEAR 2010 PE- such committee (under procedures specified TEMBER 30, 2009.—The expenses of the com- RIOD.—The expenses of the committee for the by section 202(j) of that Act). mittee for the period March 1, 2009, through period October 1, 2009, through September 30, SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. September 30, 2009, under this section shall 2010, under this section shall not exceed (a) GENERAL AUTHORITY.—In carrying out not exceed $1,449,343, of which amount— $2,752,088, of which amount— its powers, duties, and functions under S. (1) not to exceed $20,000, may be expended (1) not to exceed $100,000, may be expended Res. 400, agreed to May 19, 1976 (94th Con- for the procurement of the services of indi- for the procurement of the services of indi- gress), as amended by S. Res. 445, agreed to vidual consultants, or organizations thereof vidual consultants, or organizations thereof October 9, 2004 (108th Congress), in accord- (as authorized by section 202(i) of the Legis- (as authorized by section 202(i) of the Legis- ance with its jurisdiction under sections 3(a) lative Reorganization Act of 1946); and lative Reorganization Act of 1946 (2 U.S.C. and 17 of such S. Res. 400, including holding (2) not to exceed $20,000, may be expended 72a(i))); and hearings, reporting such hearings, and mak- for training consultants of the professional (2) not to exceed $20,000, may be expended ing investigations as authorized by section 5 staff of such committee (under procedures for the training of the professional staff of of such S. Res. 400, the Select Committee on specified by section 202(j) of that Act). such committee (under procedures specified Intelligence is authorized from March 1, 2009, (c) EXPENSES FOR FISCAL YEAR 2010 PE- by section 202(j) of that Act). through February 28, 2011, in its discretion— RIOD.—The expenses of the committee for the (d) EXPENSES FOR PERIOD ENDING FEBRUARY (1) to make expenditures from the contin- period October 1, 2009, through September 30, 28, 2011.—For the period October 1, 2010, gent fund of the Senate; 2010, under this section shall not exceed through February 28, 2011, expenses of the (2) to employ personnel; and $2,546,445, of which amount— committee under this section shall not ex- (3) with the prior consent of the Govern- (1) not to exceed $20,000, may be expended ceed $1,172,184, of which amount— ment department or agency concerned and for the procurement of the services of indi- (1) not to exceed $42,000, may be expended the Committee on Rules and Administration, vidual consultants, or organizations thereof for the procurement of the services of indi- to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- vidual consultants, or organizations thereof able, basis the services of personnel of any lative Reorganization Act of 1946); and (as authorized by section 202(i) of the Legis- such department or agency. (2) not to exceed $20,000, may be expended lative Reorganization Act of 1946); and (b) EXPENSES FOR PERIOD ENDING SEP- for training consultants of the professional (2) not to exceed $8,334, may be expended TEMBER 30, 2009.—The expenses of the com- staff of such committee (under procedures for the training of the professional staff of mittee for the period March 1, 2009, through specified by section 202(j) of that Act). such committee (under procedures specified September 30, 2009, under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY by section 202(j) of that Act). not exceed $4,151,023, of which amount— 28, 2011.—For the period October 1, 2010, SEC. 17. SPECIAL COMMITTEE ON AGING. (1) not to exceed $37,917, may be expended through February 28, 2011, expenses of the (a) GENERAL AUTHORITY.—In carrying out for the procurement of the services of indi- committee under this section shall not ex- its powers, duties, and functions imposed by vidual consultants, or organizations thereof ceed $1,083,838, of which amount— section 104 of S. Res. 4, agreed to February 4, (as authorized by section 202(i) of the Legis- (1) not to exceed $20,000, may be expended 1977 (95th Congress), and in exercising the lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- authority conferred on it by such section, 72a(i))); and vidual consultants, or organizations thereof the Special Committee on Aging is author- (2) not to exceed $1,167, may be expended (as authorized by section 202(i) of the Legis- ized from March 1, 2009, through February 28, for the training of the professional staff of lative Reorganization Act of 1946); and 2011, in its discretion— such committee (under procedures specified (2) not to exceed $20,000, may be expended (1) to make expenditures from the contin- by section 202(j) of that Act). for training consultants of the professional gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2010 PE- staff of such committee (under procedures (2) to employ personnel; and RIOD.—The expenses of the committee for the specified by section 202(j) of that Act). (3) with the prior consent of the Govern- period October 1, 2009, through September 30, SEC. 20. SPECIAL RESERVE. ment department or agency concerned and 2010, under this section shall not exceed (a) ESTABLISHMENT.—Within the funds in the Committee on Rules and Administration, $7,298,438, of which amount— the account ‘‘Expenses of Inquiries and In- to use on a reimbursable, or nonreimburs- (1) not to exceed $65,000, may be expended vestigations’’ appropriated by the legislative able, basis the services of personnel of any for the procurement of the services of indi- branch appropriation Acts for fiscal years such department or agency. vidual consultants, or organizations thereof 2009, 2010, and 2011, there is authorized to be

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE S2960 CONGRESSIONAL RECORD — SENATE March 10, 2009 established a special reserve to be available hard work and dedication, they were girls complete a 360-degree turn before they to any committee funded by this resolution able to clinch the national titles for hit the top of their stunt. as provided in subsection (b) of which— Kentucky. Recently, the Sentinel-Echo ‘‘We do them to one leg, which is even more difficult,’’ Jones said. (1) an amount not to exceed $4,375,000, shall newspaper in London, KY, published an be available for the period March 1, 2009, The girls pulled off the stunts, even though through September 30, 2009; and article detailing the victories of both they were also plagued by injuries. (2) an amount not to exceed $7,500,000, shall teams. Dani Flannery, who tore the ligaments in be available for the period October 1, 2009, Mr. President, I ask my colleagues to her ankle last year, reinjured her leg while through September 30, 2010; and join me in honoring the cheerleaders in Florida. (3) an amount not to exceed $3,125,000, shall and coaches from North Laurel Middle She chose to compete anyway. ‘‘She battled back,’’ Jones said. ‘‘And she be available for the period October 1, 2010, and High Schools for their perform- through February 28, 2011. did it with a smile on her face.’ ances in the national competition. I In the end, the NLMS girls pulled off their (b) AVAILABILITY.—The special reserve au- further ask unanimous consent that thorized in subsection (a) shall be available routine and, by 12 points, were named the to any committee— the full article be printed in the champions. (1) on the basis of special need to meet un- RECORD, as well as the names of the Jones said the win was sweet. ‘‘It’s been very difficult to gain respect,’’ paid obligations incurred by that committee participants and coaches. she said. ‘‘It’s kind of the (Tennessee team) during the periods referred to in paragraphs There being no objection, the mate- club, but we broke into it this year. And (1), (2), and (3) of subsection (a); and rial was ordered to be printed in the they didn’t like it.’’ (2) at the request of a Chairman and Rank- RECORD, as follows: Jones said she and her girls are thankful ing Member of that committee subject to the [From the Sentinel-Echo, Feb. 13, 2009] for the support they received throughout the approval of the Chairman and Ranking Mem- LAURELS FOR NORTH LAUREL year. ber of the Committee on Rules and Adminis- ‘‘We are just so appreciative of our prin- tration. (By Tara Kaprowy) cipal (David Hensley),’’ she said. ‘‘He is so f With full police and fire truck escort, supportive of our program. And our parents, marching band fanfare and thousands of stu- listen, our parents raised the money so every MORNING BUSINESS dents waiting to greet them, North Laurel child could come to Florida for free. And the Mr. DURBIN. Mr. President, I ask middle and high school cheerleaders came community. Every time they buy a T-shirt unanimous consent that the Senate home wreathed in victory Tuesday. The or a box of donuts, it lets these girls achieve teams both clinched first place last weekend their dream. I’m so thankful.’’ proceed to a period for morning busi- at the Universal Cheerleaders Association NORTH LAUREL MIDDLE SCHOOL CHEERLEADERS ness, with Senators permitted to speak National High School Cheerleading Cham- for up to 10 minutes each. pionship, the be-all end-all of cheerleading Katie Mays, Caitlyn Adams, Sammantha The PRESIDING OFFICER. Without competitions. Tolliver, Maddie Wood, Hannah Robinson, Ashley McCowan, Whitney McCowan, Ryvers objection, it is so ordered. North Laurel Middle School coach Christy Jones was thrilled. Loomis, Meagan Stewart, Hannah f ‘‘It’s all the buzz down here,’’ she said of McWhorter, McKayla Vaughn, Taylor Hub- bard, Dani Flannery, Kristen King, Whitney MORNING BUSINESS the North Laurel wins. ‘‘They loved the girls, they loved the routine.’’ Reams, Miranda Browning, Savannah North Laurel High School coach Kim Wood Goozeman, Sydney Herrell, Farris Strong, Sherri Gray, Lane Mitchell, Breanna Binder, SENATOR LEAHY JOINS THE 13,000 was likewise pleased. ‘‘We’re celebrating like we’ve never cele- Morgan Bill, Sammantha Nalley, Kelsey VOTE CLUB brated before,’’ she said. Guidi, Amy Corum, Gabrielle Skript, Mr. BYRD. Mr. President, in the en- Wood’s team has had a heart-stopping cou- Addison Woods, Taylor Eversole, Hayley Whitman, Tara McClure, Taylor Hamilton. tire history of the U.S. Senate, only ple of days. The team arrived in Orlando, Fla., a few days before the weekend competi- Coaches: Jamie Winkfein, Sidney Hubbard, eight Senators have cast 13,000 votes. Christy Jones. Today, our honorable colleague, Sen- tion to have time to practice their highly technical routine. NORTH LAUREL HIGH SCHOOL CHEERLEADERS ator LEAHY, has become the ninth Sen- But on the first day, tragedy struck. Alex Blair, Bailie Camp, Taylor Forbes, ator to do it. ‘‘We had one of our strongest bases get in- Brittney Hodges, Ashley Hollin, Destiny Mr. President, I congratulate the dis- jured,’’ Wood said. ‘‘She blew her knee out.’’ Inman, Ally James, Kayla Johnson, Mer- tinguished senior Senator from With Lindsey Lewis now forced to the side- cedes Lester, Whitney Lawson, Lindsey Vermont upon achieving this monu- lines, it was up to Laura Robinson—who had Lewis, Kelsey Maggard, Mackenzie Martin, mental milestone in his life and career. never even competed before—to step in. Brittany Moore, Ashley Partin, Sarah Pen- As a 34-year veteran of the Senate, and ‘‘She was so nervous,’’ Wood said. nington, Laura Robinson, Jenny Tillery, as chairman of the Senate Agriculture To incorporate Robinson into the perform- Gabrielle Woods. Coaches: Kim Wood, Toni ance, the girls had to adjust their formations Blake Greer. Committee and chairman of the Senate and rework the routine, practicing six hours f Judiciary Committee, Senator LEAHY a day to get things right. has already provided invaluable service ‘‘Each girl had to work even harder,’’ Wood SENATOR PATRICK LEAHY’S to his state and our country. said. 13,000TH VOTE Now he has become a member of one By the end of the second round of competi- Mr. DURBIN. Mr. President, I rise to tion, the girls were in seventh place; one of of the most exclusive clubs in our honor Senator PATRICK LEAHY on the the girls had fallen, which cost the team country, ‘‘U.S. Senators who have cast occasion of his 13,000th vote. 13,000 votes club.’’ points. Nevertheless, they advanced to finals. This time, their 21⁄2-minute routine I have had the privilege of serving on As the charter member of this exclu- was flawless. the Senate Judiciary Committee under sive club, I welcome Senator LEAHY ‘‘It was perfect,’’ Wood said. ‘‘They were Senator LEAHY’s leadership for more into it. awesome.’’ than 10 years. The Judiciary Com- f When the winners were being announced, mittee is one of the original standing the judges asked the girls to maintain their committees of the U.S. Senate and its TRIBUTE TO KENTUCKY composure out of respect for the other role is unique. It is the Judiciary Com- CHEERLEADING SQUADS teams. But Wood said when the runner-up was named—and it wasn’t North Laurel—her mittee’s special charge to ensure that Mr. MCCONNELL. Mr. President, I girls were ecstatic. we remain faithful to our Founders’ vi- rise today to pay tribute to the accom- ‘‘They were bawling and crying and jump- sion of America as a nation of laws. plishments of the North Laurel Middle ing for joy,’’ Wood said. As chairman of the Judiciary Com- and High School cheerleading squads Over in the middle-school competition, the mittee, PATRICK LEAHY takes this re- from the city of London in my home girls were up against the fearsome Mount sponsibility very seriously and he has State of Kentucky. Recently, both Pisgah and Houston girls, cheerleaders from continually demonstrated his fidelity two middle schools who finish first and sec- teams won national championships in to the rule of law. Chairman LEAHY has the Universal Cheerleaders Associa- ond year after year. This year, Jones said she was ready for the repeatedly risen in defense of our fun- tion, at competitions held in Orlando, Tennessee teams, with North Laurel’s cho- damental constitutional rights, even FL. reographer crafting a routine that was at the when it is not politically popular. Both teams overcame setbacks and highest level of difficulty. The performance He particularly distinguished himself injuries but still triumphed. Through incorporates 13 full-ups, a move in which the in the aftermath of the 9/11 terrorist

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.028 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2961 attacks. At a time when some were Child Soldiers Accountability Act, the error as soon as the language was calling for us to sacrifice our rights in which makes it a crime and violation introduced and made available. the fight against terrorism, PAT LEAHY of immigration law to recruit or use We need to work together toward a said that we could be both safe and child soldiers anywhere in the world; solution. I am prepared to introduce free. and the Trafficking in Persons Ac- legislation to correct the error and pre- He worked to include important civil countability Act, which makes it a serve the work of the Finance Com- liberties protections in the PATRIOT crime to engage in human trafficking mittee, Ways and Means Committee, Act. He led the opposition to con- anywhere in the world. and child welfare community. troversial Bush administration policies Mr. President, America is fortunate Mr. GRASSLEY. I do want the mem- relating to torture, indefinite deten- to have Senator PATRICK LEAHY’s lead- bers of the adoption community to be tion, and the warrantless surveillance ership at this challenging moment in assured that I will do everything in my of innocent American citizens. He was our history. I look forward to working power to make sure this correction is one of the first Members of Congress to with him as we strive to restore the made and that adoption incentive speak out against the Guanta´ namo Bay rule of law at home and to reclaim funds are made available. I will be detention center. Chairman LEAHY led America’s role as a champion for happy to introduce legislation with my the fight against the Military Commis- human rights around the world. partner on the Senate Finance Com- sions Act. He was particularly eloquent f mittee, the chairman of that com- and persistent in defending the right to mittee, Senator BAUCUS. We can base ADOPTION INCENTIVES PROGRAM habeas corpus and he was vindicated the legislation on my amendment to when the Supreme Court held that the Mr. GRASSLEY. Mr. President, last reinstate the adoption incentives im- habeas-stripping provision of the Mili- year, working together, Republicans provements. tary Commissions Act is unconstitu- and Democrats produced one of the f tional. most far-reaching improvements to our Chairman LEAHY has also been a Nation’s child welfare system in over a IDAHOANS SPEAK OUT ON HIGH giant in the Senate when it comes to decade. The Fostering Connections to ENERGY PRICES judicial nominations. He has fought to Success and Increasing Adoptions Act Mr. CRAPO. Mr. President, in mid- preserve the integrity and independ- of 2008 included a number of policies June, I asked Idahoans to share with ence of our Federal judiciary through- designed to increase the number of me how high energy prices are affect- out his career and long tenure on the adoptions of special needs children in ing their lives, and they responded by Senate Judiciary Committee. foster care. the hundreds. The stories, numbering Despite the highly charged atmos- Unfortunately, the Omnibus appro- well over 1,200, are heartbreaking and phere that has beset the judicial nomi- priations bill that the Senate is consid- touching. While energy prices have nations process in recent years, Chair- ering this week includes a provision dropped in recent weeks, the concerns man LEAHY handled judicial nomina- that overrides the Adoption Incentives expressed remain very relevant. To re- tions fairly and expeditiously during improvements included in the Fos- spect the efforts of those who took the his chairmanship of the Senate Judici- tering Connections to Success and In- opportunity to share their thoughts, I ary Committee under President George creasing Adoptions Act of 2008. am submitting every e-mail sent to me W. Bush. In the approximately 3 years I have been told that it was not the through an address set up specifically in which he chaired the Senate Judici- intention of the drafters of the Omni- for this purpose to the CONGRESSIONAL ary Committee under President Bush, bus appropriations bill to override the RECORD. This is not an issue that will 168 of the President’s judicial nominees improvements to the Adoption Incen- be easily resolved, but it is one that de- were confirmed. By comparison, during tives Program and the Democratic serves immediate and serious atten- the 4-year period under President Bush leadership intends to correct this prob- tion, and Idahoans deserve to be heard. when Republicans had a majority in lem in the future. Their stories not only detail their the Senate and chaired the Senate Ju- The right thing would be to correct struggles to meet everyday expenses, diciary Committee, only 158 judicial this problem in the underlying bill and but also have suggestions and rec- nominees were confirmed. I filed an amendment that would have ommendations as to what Congress can Chairman LEAHY also led the fight to accomplished this. Unfortunately, I do now to tackle this problem and find enhance the security of Federal judges was told by the Democratic leadership solutions that last beyond today. I ask and courthouses in the wake of several that they would not allow the bill to be unanimous consent to have today’s let- tragic incidents of violence our Nation changed at all. ters printed in the RECORD. witnessed in recent years. This record I am not happy that I was not per- There being no objection, the mate- is a tribute to Chairman LEAHY’s deep mitted to fix this problem in the omni- rial was ordered to be printed in the respect for the Federal bench and his bus bill. This unfortunate outcome, RECORD, as follows: commitment to bipartisanship in the where real progress in increasing the advice and consent process. number of adoptions is potentially I am sure you are fully aware of the impact high gasoline prices is having on Idahoans. A Senator LEAHY has fought for human jeopardized, highlights the perils of large portion of the population are on fixed rights at home and abroad. As the lead rushing legislation through in a par- incomes that do not rise with inflation or en- sponsor of the Innocence Protection tisan manner and not consulting with ergy costs. Another large portion of the pop- Act, he has worked to ensure that inno- the committees of jurisdiction. ulation barely earned enough to feed their cent people are not subject to the Mr. BAUCUS. I thank Senator families when gas was $1.25 a gallon. Many of death penalty. He has been the fore- GRASSLEY. We worked together on the those same Americans are still earning the most champion in Congress in the cam- Fostering Connections to Success and same or slightly better wages, though infla- paign against antipersonnel landmines, Increasing Adoptions Act of 2008 in tion and higher energy costs have effectively authoring the first legislation by any what was a model of bipartisan and bi- caused a net reduction in their incomes. cameral legislating. I do not want to Personally, it is hard to find work, I have government to ban the export of land- turned in dozens of applications without mines. see any provisions of that work jeop- even a single interview. So, I decided to get I want to pay tribute particularly to ardized. my degree online, since it was out of the Chairman LEAHY for creating the While I am certain that our col- question to commute to a campus because of Human Rights and the Law sub- leagues on the Appropriations Com- fuel costs. My best friend commuted for his committee in January 2007 and for giv- mittee in no way mean to jeopardize entire two years of community college, ing me the opportunity to chair this the adoption incentive provisions of roughly 60 miles round trip every day. How- subcommittee during the 110th Con- the Fostering Connections and Increas- ever, it is prohibitively expensive to do so gress. I was proud to work with Sen- ing Adoptions Act, I also feel that com- now. I am also self-employed, doing whatever work I can find, though it never amounts to ator LEAHY in the 110th Congress to munication with the Finance Com- much more than paying what expenses I do enact the Genocide Accountability Act, mittee would have led to an easy rem- have. Lately I have been selling firewood to which makes it a crime to commit edy. My staff, working with the Con- help cover the increases in gas prices, since genocide anywhere in the world; the gressional Research Service, caught I am a small-scale miner/gold prospector and

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.045 S10MRPT1 smartinez on PROD1PC64 with SENATE S2962 CONGRESSIONAL RECORD — SENATE March 10, 2009 wish to explore some gold-producing regions nology, efficiency, and precision, and that any of the gold or silver coins which shall be in this great state this year. auto makers should produce more vehicles struck or coined at the said mint shall be de- I recall hearing that the government re- with these 4-cylinder diesels. based or made worse as to the proportion of moved gasoline from the Consumer Price I know, the environmentalists have for the the fine gold or fine silver therein contained, Index in the 80s; if this is true, it was a grave most part banned diesel in many places. or shall be of less weight or value than the mistake. These gasoline and oil prices will However, what makes it cleaner and better same out to be pursuant to the directions of cause inflation almost as fast as the Federal for the environment to burn 2.5 to 3 gallons this act, through the default or with the con- Reserve having a license to print money as of gas than to burn 1 gallon of diesel? nivance of any of the officers or persons who fast as they can. I do believe it is wrong to say that Amer- shall be employed at the said mint, for the As an American, and Idahoan, I want to ica is addicted to oil. We aren’t addicted to purpose of profit or gain, or otherwise with a state that we need to lift the bans on off- oil; there is no alternative, and nothing that fraudulent intent, and if any of the said offi- shore oil drilling. Norway, I believe, has al- we can put in our tanks has the same energy cers or persons shall embezzle any of the ways drilled offshore, and they export quite potential gallon for gallon as gasoline or die- metals which shall at any time be com- a bit of oil, as well as keeping their own en- sel. However, I recall vaguely a quote I read mitted to their charge for the purpose of ergy costs down compared to other areas of that was said by Nikola Tesla, basically say- being coined, or any of the coins which shall the world. I understand that we are not drill- ing it was barbaric for an nation to use up its be struck or coined at the said mint, every ing much offshore; however, I have heard crude oil reserves. But I say it is equally bar- such officer or person who shall commit any that Cuba and other Caribbean countries baric to use food crops to produce alter- or either of the said offenses, shall be have been, which means if we do not pump native fuels, AKA ethanol. Why cannot we deemed guilty of felony, and shall suffer the oil ourselves, someone else will. turn noxious weeds such as knapp weed and death.’’ Second, hydroelectric is the safest, cheap- bull thistles into ethanol? Why does it have America is not being held hostage by the est, and most superior form of electricity to be corn?! People are starving, and here we gas pumps, or the oil companies. Probably any country can harness and possess. Instead are gassing up with food that should be used the greatest mistake any civilization could of demolishing dams, we need to build more to feed people. People cannot eat oil or gaso- make was breaking up Standard Oil. As soon if possible. Licenses need to be granted to all line. It is my understanding that the U.S. as Standard Oil was broken up, fuel prices existing dams if there is any possible way for government pays subsidies to farmers so went up quite a bit history records. America them to expand their generating capacity. they do not plant hundreds of millions of is being held hostage by the monetizers of Environmentalists cry we need more solar acres of land to keep prices up on certain debt, printing instead of legal tender, prom- power. Solar panels are inefficient given that crops. If corn must be used, it should be from issory notes which take a perfectly valuable it takes a huge surface area to generate a the land that the government is paying them commodity like paper and ink, and make small amount of energy. I suppose if they not to plant, since the other corn crops are them truely worthless, as stated by Ludwig could be installed in places that are rarely sufficient for food needs. Von Mises when he was talking about fiat used, and out of sight, so much the better, so It is also my understanding that the currency. Solar panels should be installed on the roofs world’s largest deposit of oil shale exists in Economist John Maynard Keynes, who was of city buildings, would not take up valuable the United States. It amounts to almost dou- chief architect of the fiat currency system, land that is so desperately needed for farm- ble the proven recoverable crude oil reserves had stated ‘‘The best way to destroy the cap- ing, and other uses. in the world. Why are not we mining and italist system is to debauch the currency. By As far as gasoline and alternative fuels, I processing this oil shale? Further, I do not a continuing process of inflation, govern- would petition Congress to reopen the inves- see how the oil companies are making record ments can confiscate, secretly and tigation into the Ocean Thermal Energy profits. unobserved, an important part of the wealth Conversion, which was experimented with The one thing it has been politically incor- of their citizens.’’ And indeed that is what is during the 70s, but later abandoned after the rect to talk about is inflation. If you adjust happening. oil crisis. It would use the naturally-heated the oil companies’ incomes for inflation, ev- Patrick Henry had stated ‘‘This great na- water, pumped through heat exchangers, eryone will find that in real wealth, their tion was founded not by religionists, but by earnings are breaking no records. When gas causing refrigerants to be evaporated in a Christians; not on religions, but on the Gos- was 25 cents a gallon, it was a silver quarter closed system, driving turbines, creating pel of Jesus Christ!’’. I agree with this state- that was being paid. The amount of silver in electricity which could then be used to syn- ment. However, our government has gone a silver quarter is worth now approximately thesize the ammonia fuel, which ammonia is from the wise ways of a Republic, with the $3 to $4. So in terms of REAL wealth, con- not combustible in normal atmospheric pres- Biblical honest weights and measures, to a stitutional money as per Article One, Sec- sure, but when introduced into a high pres- corrupted system that is now based almost tion Ten, the price has gone from, what, 25 sure environment, such as a combustion entirely on the system of usury. cents a gallon to 30 cents maybe? It is not There is no shortage of oil, and people are chamber, it will combust. In the early part that prices are going up; it is that the Fed is willing to pay the prices they are paying for of this decade it was estimated that the fuel printing too much money driving the value it now. They have no choice, and those prices could be produced and distributed with prob- of the dollar down faster than wages can go being paid now, are the result of a paper cur- ably no higher than a 50-cent per gallon cost. up, and this usury needs to stop. rency that is constantly being inflated. A Just a small fleet of ships around the equa- They used to claim that there was not barrel of Oil is always worth a barrel of Oil, tor would be able to supply the entire enough silver to maintain a silver standard and an ounce of silver is always worth an world’s energy. Combustion of the ammonia and supply enough money for everyone. ounce of silver. A dollar is not always worth would produce only water vapor. I studied Hmmmm. . . Guess what that causes? Defla- a dollar. this in high school thanks to being in the tion! The money would increase in pur- So, while I still have the 1st Amendment U.S. Academic Decathlon, and it grabbed my chasing power, and the same amount of sil- rights, I am going to send this letter, and interest so I did what research I could on the ver would continue to be sufficient for the pray that it does not fall on deaf ears. matter. needs of the economy. ADAM. Another main objective should be to get Sometimes I feel like I am the only Amer- the oil fields in Iraq back in production ican who understands this problem. In response to your email requesting some ASAP. I have read production reports from I would like to point out: Heads should stories about the rising oil costs, I would before and after the Iraq invasion. I forget have rolled after we abandoned the gold and like to contribute the following. This will how much Iraq was producing prior to the in- silver standards. I am sure you know what not be a simple paragraph or two and, for vasion, but afterwards, there has been neg- debasing currency is. This is what helped that, I apologize. ligible amounts of oil being produced there. bring Rome to an end. They figured out that I grew up in Helena, Montana, and crawled I would also propose that tax incentives most people would accept a coin for face around in mines and mills as a kid and should be given to wealthy landowners in re- value regardless of content. So, instead of young adult. I have seen firsthand, the long- gions that have historically been productive say, 90% gold, the Romans started to debase term effects of mine waste and tailings piles for wildcatting. The incentives being to get their coinage, so they could make more where nothing would grow on the waste for the landowners who can afford to, to explore money with less gold. The coins dropped in 100 years, the small streams and creeks ran their properties for oil. purity. More and more copper was added orange in Butte and the banks were brown There is also another solution which I feel until their gold coins contained almost no for up to 10 feet on either side. Now, I also the auto industry purposely avoids telling gold. This is what happened in this country understand back then, this was not seen as people. It is a fact, that I have seen, and rode in the 60s when we abandoned silver. Our damaging and there were plenty of open in, never could find one for sale, SUVs, small Founding Fathers understood the problem, spaces and clear skies for the infant country pick-ups and the like, with 4-cylinder diesel so I would like to point out the one capital of the USA and, without these mines and engines that provided plenty of power, with crime that no one has been sentenced for. mills, the U.S. would not be what it is today. a fuel economy of anywhere from 45 to 60 According to the Coin Act of 1792, those I worked for almost 27 years in the oil ex- miles per gallon. Rudolph Diesel, who in- who debased the currency, ‘‘or otherwise ploration industry and almost 16 years of vented the Diesel engine had stated that his with a fraudulent intent’’ were to suffer the that was working and living in Brasil so I life’s work would be complete once it was death penalty: have firsthand exposure to the shortcomings used in automobiles. I firmly believe the ‘‘Penalty of Death for de-basing the coins. and failures of alcohol fuels and the damage Germans have been at the forefront of tech- Section 19. And be it further enacted, That if it has done to the economy of Brasil.

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.035 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2963 Further, I have seen what the U.S. has fuel to make. Since the government sub- Trooper Chris Steward from the Dry done to destroy the drilling industry in the sidizes this, we the tax payers loose big time Ridge Post received the award for the states as well as driving out any U.S. Coast and the environment suffers at an even ac- highest number of speed citations. Guard licensed personnel, U.S. flag vessels celerated rate. Trooper Steward was praised by the and shipyard work done in the U.S. (4) It takes food out of circulation and Dry Ridge Post Commander for his Now let us consider alcohol fuels and raises prices. blended gasoline: (5) Who wins? Big oil for more demand, the dedication to saving lives on Ken- As a developing country, Brasil needs oil, automobile industry, farmers and the gov- tucky’s roads. they do not have a large export economy and ernment in the form of more taxes. Sergeant Steve Walker from the Lon- until recently, did not have a large internal (6) Who loses? The American citizen. don Post received the award for the oil supply. To offset the cost of importing Now, what have I seen? Well, much of the highest number of DUI arrests in 2008. oil, they mandated the use of alcohol as a U.S. does not have public transport and we DUI related fatalities numbered 175 in fuel for their automobiles. Since labor is have to drive for food, work, shopping and Kentucky in 2008 and Sergeant Walk- cheap and technology was not, Brasil had a anything else. I have seen my gasoline bills er’s extra effort to remove impaired huge labor intensive industry of raising almost double in the past 6 months and I am drivers from the road has made Ken- sugar cane for the purpose of making fuel. In driving much less. fact this was nothing more that rum! tucky roadways a safer place to travel. Much of the U.S. does not have natural gas Trooper Walt Meachum from the Sugar cane derived fuel is still recognized and we use propane. Propane has jumped 50% as the ‘‘hottest’’ fuel as compared to corn. in price the past 6 months that means heat- Harlan Post received the award by Brasil mandated that alcohol fuel be the ing bills have jumped 50%. Even thought we hosting 484 community education same price as gasoline and forced Petrobras are mainly hydroelectric for electricity, my events relative to highway safety to manufacture and distribute alcohol to do power bill has increased an average of 25% issues. Trooper Meachum’s vigorous so. due to pressure from fossil fuel increases. commitment to educating younger peo- Even at $50/ month average worker wages, I am retired and on a fixed income and can- ple about unsafe driving is something sugar cane growing almost unattended, IE no not afford to pay my bills any longer due to every Kentucky citizen is grateful for. need for irrigation or fertilizers, the cost per the significant increases! Sergeant Derris Hedger from the liter of alcohol was 4 to 5 times that of the And please do not get me started on the Campbellsburg Post received the award cost the same liter of gasoline! This resulted fallacy of fluorescent lighting and electric in an enormous tax base to Brasilian citi- for the highest number of seat belt ci- autos. Both are dangerous and will cause tre- tations in 2008. This area has seen a 50- zens, up to 60% and a horrid inflation spiral mendous heavy metal pollution as well as a you cannot imagine, inflations of 100% per larger demand for mining and thus more percent reduction in highway fatalities month! toxic waste. compared to 2007, and Sergeant Hedg- In my opinion, alcohol is not only a stupid Not to be a cynic but I know this will fall er’s efforts are playing a direct role in idea; it accelerates the consumption of oil on deaf ears as it is not politically expedient those reductions. and the earth’s resources and causes MORE to take the correct position instead of the Officer Anthony Bersaglia from the pollution. Here is why: one Washington currently has taken. Pikeville Commercial Vehicle Enforce- (1) Alcohol loves water and will absorb FRANK, Spirit Lake. ment division received the award for water while in storage and in use. This the highest number of Commercial causes any iron or steel parts in the engine We recently took a three-night trip to Yel- to wear out faster. This means more parts Motor Vehicle citations in 2008. Officer lowstone Park, driving from Boise. Our VW Bersaglia’s work ethic and dedication and or more engines are needed sooner. Passatt station wagon, a roomy and very These parts can only be derived from metal are unmatched. comfortable car, uses about half the fuel of a Officer Travis Rogers from the Lon- which means more mining, smelting and pickup truck (29 to 34 mpg highway). For more heavy metal pollution. this trip for four adults, the cost of lodging don Commercial Vehicle Enforcement (2) Alcohol does not give as much power and food (meals eaten in restaurants) Region received the award for the high- per unit of liquid as gasoline, no matter dwarfed the cost of gasoline. est number of Commercial Motor Vehi- what! Anyone can do this and it does not The higher price of fuel will spur both in- cle safety inspections. Officer Rogers need a scientific degree for real average Joe novation (www.aptera.com) and conserva- continually strives to make Ken- results. Drive in South Dakota where it is tion. As Boise is close to being under EPA mandated to have 10% alcohol/ 90% gasoline tucky’s roads a safer place and he is a ‘‘supervision’’ for air quality non-attainment blended fuel. The interstate is flat so you credit to the division. (ozone), the higher price of gas can only help can set your cruise control. I did this in my Officer Glenn Perry of the Louisville as demand slackens. Mazda pickup and have seen similar results Commercial Vehicle Enforcement Re- Let us face it, most of us are not wise users by being forced to use alcohol fuels in Wash- gion has received this award for the of energy, and with a little extra effort we ington in other vehicles. By driving say 320 highest percentage of Commercial all could reduce our consumption by 10% to miles on the interstate with gasoline only, 25%. I see many more pedestrians and bicy- Motor Vehicle ‘‘Out of Service’’ inspec- you can achieve say 20 miles per gallon cles on the streets, most of us need more ex- tions. The work Officer Perry performs which would use 16 gallons of gasoline. ercise. Our consumptive habits and the on a daily basis and his professionalism Now, blended fuel decreases the fuel effi- growth of said consumption is not sustain- on the roads is unmatched. ciency of any internal combustion and low- able—innovation and conservation will have Inspector Marty Young from the ers its economy. This same vehicle with the to happen to solve our energy problems. blended fuel gets anywhere between 20 to Georgetown Commercial Vehicle Re- In reading your email regarding this prob- 25% less MPG. In our same example, this ve- gion received the award for the number lem, I have to ask you who is responsible for hicle would get 15 to 16 MPG, which means of ‘‘Out of Service’’ inspections by a ci- lack of public transportation in this coun- the same 320 miles would take 21 to 20 gal- vilian employee. Investigator Young’s try? lons of blend. Now, this blended fuel is 90% success is evident in the Georgetown DAVID, Boise. gasoline in 21 gallons of blend there is 21 × 0.9 Region and his eye for detail has made = 18.9 gallons of gasoline and 20 gallons of f a significant impact on highway safety. × blend is 20 0.9 = 18 gallons of gasoline. ADDITIONAL STATEMENTS I am humbled and grateful of the So, our blended fuel consumes at least 20% men and women who serve this agency more gasoline!!!!! In this journey that means every day by patrolling our roadways an average of 3 gallons more of gasoline for and keeping the Commonwealth safe. I the trip. HONORING EIGHT KENTUCKY These are real results I did myself! STATE POLICE am also confident that the coworkers of these eight individuals are proud to Even autos designed for alcohol blends get ∑ Mr. BUNNING. Mr. President, today I less economy and consumes more fuel! You work along side of them. can check in Phoenix, Arizona, as they man- invite my colleagues to join me in con- Mr. President, I would like to thank date blended fuels in the summer and the gratulating eight members of the Ken- these individuals for their contribu- cars get poorer economy. tucky State Police. These brave indi- tions to the State of Kentucky and I So, what does alcohol fuels do? viduals went above and beyond to help wish them well as they continue to (1) Consumes more oil keep the Commonwealth safe. The Ex- protect the citizens of the Common- (2) Consumes more of the earth’s metals by cellence in Highway Safety Awards are wealth.∑ wearing out engines quicker given to troopers who have the highest (3) Consumes more of the earth’s energy. f numbers in driving under the influence, You have to plant, harvest, ferment, distill MESSAGES FROM THE PRESIDENT and purify corn to generate alcohol. It costs occupant protection, speed, and com- about 6 times more per gallon to make than mercial vehicle citations written in Messages from the President of the gasoline and wastes water, electricity and 2008. United States were communicated to

VerDate Nov 24 2008 01:44 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.038 S10MRPT1 smartinez on PROD1PC64 with SENATE S2964 CONGRESSIONAL RECORD — SENATE March 10, 2009 the Senate by Mr. Williams, one of his EC–928. A communication from the Acting EC–938. A communication from the Direc- secretaries. Assistant Secretary, Office of Legislative Af- tor of Legislative Affairs, Office of the Direc- fairs, Department of State, transmitting, tor of National Intelligence, transmitting, f pursuant to law, a report relative to overseas pursuant to law, the report of change in pre- EXECUTIVE MESSAGES REFERRED surplus property; to the Committee on For- viously submitted reported information in eign Relations. As in executive session the Presiding the position of Principal Deputy Director of EC–929. A communication from the Acting National Intelligence, received in the Office Officer laid before the Senate messages Director, Strategic Human Resources Policy, of the President of the Senate on March 5, from the President of the United Office of Personnel Management, transmit- 2009; to the Select Committee on Intel- States submitting sundry nominations ting, pursuant to law, the report of a rule en- ligence. which were referred to the appropriate titled ‘‘Federal Employees Health Benefits EC–939. A communication from the Direc- committees. Program Acquisition Regulation: Miscella- tor of Legislative Affairs, Office of the Direc- (The nominations received today are neous Clarifications and Corrections’’ tor of National Intelligence, transmitting, (RIN3206–AL66) received in the Office of the pursuant to law, the report of discontinu- printed at the end of the Senate pro- President of the Senate on March 5, 2009; to ceedings.) ation of service in acting role in the position the Committee on Homeland Security and of Principal Deputy Director of National In- f Governmental Affairs. telligence, received in the Office of the Presi- EC–930. A communication from the Acting MESSAGE FROM THE HOUSE dent of the Senate on March 5, 2009; to the Director, Strategic Human Resources Policy, Select Committee on Intelligence. At 2:26 p.m., a message from the Office of Personnel Management, transmit- EC–940. A communication from the Direc- House of Representatives, delivered by ting, pursuant to law, the report of a rule en- tor, Administrative Office of the U.S. Courts, titled ‘‘Nonforeign Area Cost-of-Living Al- Mrs. Cole, one of its reading clerks, an- transmitting, pursuant to law, an annual re- lowance Rates; 2007 Interim Adjustments: port relative to crime victims’ rights; to the nounced that the House has passed the Puerto Rico’’ (RIN3206–AL65) received in the Committee on the Judiciary. following bill, in which it requests the Office of the President of the Senate on EC–941. A communication from the Acting concurrence of the Senate: March 5, 2009; to the Committee on Home- Assistant Secretary, Office of Legislative Af- land Security and Governmental Affairs. H.R. 131. An act to establish the Ronald fairs, Department of State, transmitting, Reagan Centennial Commission. EC–931. A communication from the Chair- man, Council of the District of Columbia, pursuant to law, a report relative to data- f transmitting, pursuant to law, a report on mining activities; to the Committee on the EXECUTIVE AND OTHER D.C. Act 18–19, ‘‘Disclosure to the United Judiciary. COMMUNICATIONS States District Court Temporary Amend- f ment Act of 2009’’ received in the Office of The following communications were the President of the Senate on March 5, 2009; INTRODUCTION OF BILLS AND laid before the Senate, together with to the Committee on Homeland Security and JOINT RESOLUTIONS accompanying papers, reports, and doc- Governmental Affairs. The following bills and joint resolu- EC–932. A communication from the Chair- uments, and were referred as indicated: tions were introduced, read the first EC–922. A communication from the Federal man, Council of the District of Columbia, transmitting, pursuant to law, a report on and second times by unanimous con- Co-Chair, Appalachian Regional Commis- sent, and referred as indicated: sion, transmitting, pursuant to law, the re- D.C. Act 18–20, ‘‘Metropolitan Police Depart- port of two violations of the Antideficiency ment Subpoena Limitation Temporary By Mr. UDALL of Colorado (for himself Act that occurred within the Appalachian Amendment Act of 2009’’ received in the Of- and Mr. BENNET): Regional Commission; to the Committee on fice of the President of the Senate on March S. 555. A bill to provide for the exchange of Appropriations. 5, 2009; to the Committee on Homeland Secu- certain land located in the Arapaho-Roo- EC–923. A communication from the Direc- rity and Governmental Affairs. sevelt National Forests in the State of Colo- EC–933. A communication from the Chair- tor, Pentagon Renovation and Construction rado, and for other purposes; to the Com- man, Council of the District of Columbia, Program Office, Department of Defense, mittee on Energy and Natural Resources. transmitting, pursuant to law, a report on transmitting, pursuant to law, the Office’s By Mr. VITTER: D.C. Act 18–21, ‘‘Library Kiosk Services Tem- Annual Report for the year ending March 1, S. 556. A bill to amend chapter 44 of title porary Act of 2009’’ received in the Office of 2009; to the Committee on Armed Services. 18, United States Code, to modernize the the President of the Senate on March 5, 2009; EC–924. A communication from the Vice process by which interstate firearms trans- to the Committee on Homeland Security and Chair and First Vice President, Export-Im- actions are conducted by Federal firearms li- Governmental Affairs. port Bank of the United States, transmit- censees; to the Committee on the Judiciary. EC–934. A communication from the Chair- By Mr. MARTINEZ (for himself and ting, pursuant to law, a report relative to man, Council of the District of Columbia, Mr. KOHL): transactions involving U.S. exports to Tur- transmitting, pursuant to law, a report on S. 557. A bill to encourage, enhance, and in- key; to the Committee on Banking, Housing, D.C. Act 18–22, ‘‘Vending Regulation Tem- tegrate Silver Alert plans throughout the and Urban Affairs. porary Act of 2009’’ received in the Office of United States, to authorize grants for the as- EC–925. A communication from the Acting the President of the Senate on March 5, 2009; sistance of organizations to find missing Assistant Administrator for Fisheries, Na- to the Committee on Homeland Security and adults, and for other purposes; to the Com- tional Marine Fisheries Service, Department Governmental Affairs. of Commerce, transmitting, pursuant to law, EC–935. A communication from the Direc- mittee on the Judiciary. the report of a rule entitled ‘‘Taking and Im- tor of Legislative Affairs, Office of the Direc- By Mr. CARPER (for himself, Ms. MUR- porting Marine Mammals; Taking Marine tor of National Intelligence, transmitting, KOWSKI, Mr. BURR, Ms. LANDRIEU, Mr. Mammals Incidental to Space Vehicle and pursuant to law, the report of a vacancy in NELSON of Florida, and Mr. Test Flight Activities from Vandenberg Air the position of General Counsel, received in VOINOVICH): Force Base (VAFB), California’’ (RIN0648– the Office of the President of the Senate on S. 558. A bill to amend the Federal Food, AX08) received in the Office of the President March 5, 2009; to the Select Committee on In- Drug, and Cosmetic Act with respect to nu- of the Senate on March 9, 2009; to the Com- telligence. trition labeling of food offered for sale in mittee on Commerce, Science, and Transpor- EC–936. A communication from the Direc- food service establishments; to the Com- tation. tor of Legislative Affairs, Office of the Direc- mittee on Health, Education, Labor, and EC–926. A communication from the Prin- tor of National Intelligence, transmitting, Pensions . cipal Deputy Assistant Secretary, Energy Ef- pursuant to law, the report of change in pre- By Mr. WYDEN (for himself, Mr. ficiency and Renewable Energy, Department viously submitted reported information in GRASSLEY, Mr. HARKIN, Ms. of Energy, transmitting, pursuant to law, a the position of Associate Director of Na- KLOBUCHAR, Mr. MENENDEZ, Mr. NEL- report entitled ‘‘Implementation Report: En- tional Intelligence and Chief Information Of- SON of Nebraska, and Mr. ROBERTS): ergy Conservation Standards Activities’’; to ficer, received in the Office of the President S. 559. A bill to provide benefits under the the Committee on Energy and Natural Re- of the Senate on March 5, 2009; to the Select Post-Deployment/Mobilization Respite Ab- sources. Committee on Intelligence. sence program for certain periods before the EC–927. A communication from the Chief of EC–937. A communication from the Direc- implementation of the program; to the Com- the Trade and Commercial Regulations tor of Legislative Affairs, Office of the Direc- mittee on Armed Services. Branch, Customs and Border Protection, De- tor of National Intelligence, transmitting, By Mr. REID (for Mr. KENNEDY (for partment of Homeland Security, transmit- pursuant to law, the report of discontinu- himself, Mr. HARKIN, Mr. DODD, Ms. ting, pursuant to law, the report of a rule en- ation of service in acting role in the position MIKULSKI, Mrs. MURRAY, Mr. REED, titled ‘‘Extension of Import Restrictions Im- of Associate Director of National Intel- Mr. SANDERS, Mr. BROWN, Mr. CASEY, posed on Archaeological Material from Hon- ligence and Chief Information Officer, re- Mr. MERKLEY, Mr. BYRD, Mr. INOUYE, duras’’ (RIN1505–AC11) received in the Office ceived in the Office of the President of the Mr. LEAHY, Mr. LEVIN, Mr. KERRY, of the President of the Senate on March 5, Senate on March 5, 2009; to the Select Com- Mr. ROCKEFELLER, Mr. REID, Mr. 2009; to the Committee on Finance. mittee on Intelligence. LIEBERMAN, Mr. AKAKA, Mrs. BOXER,

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.043 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2965 Mr. FEINGOLD, Mr. WYDEN, Mr. DUR- S. Res. 72. A resolution expressing the (Mr. VITTER) was added as a cosponsor BIN, Mr. JOHNSON, Mr. SCHUMER, Mr. sense of the Senate regarding drug traf- of S. 484, a bill to amend title II of the NELSON of Florida, Mr. CARPER, Ms. ficking in Mexico; to the Committee on For- Social Security Act to repeal the Gov- STABENOW, Ms. CANTWELL, Mr. LAU- eign Relations. ernment pension offset and windfall TENBERG, Mr. MENENDEZ, Mr. CARDIN, By Mr. SCHUMER (for himself and Mr. Ms. KLOBUCHAR, Mr. WHITEHOUSE, Mr. BENNETT): elimination provisions. UDALL of New Mexico, Mrs. SHAHEEN, S. Res. 73. A resolution authorizing ex- S. 542 Mr. BEGICH, Mr. BURRIS, Mr. KAUF- penditures by committees of the Senate for At the request of Mrs. LINCOLN, her MAN, and Mrs. GILLIBRAND)): the periods March 1, 2009, through September name was added as a cosponsor of S. S. 560. A bill to amend the National Labor 30, 2009, and October 1, 2009, through Sep- 542, a bill to repeal the provision of law Relations Act to establish an efficient sys- tember 30, 2010, and October 1, 2010, through that provides automatic pay adjust- tem to enable employees to form, join, or as- February 28, 2011; considered and agreed to. ments for Members of Congress. sist labor organizations, to provide for man- f datory injunctions for unfair labor practices At the request of Mr. REID, the names of the Senator from Ohio (Mr. during the organizing efforts, and for other ADDITIONAL COSPONSORS purposes; to the Committee on Health, Edu- BROWN), the Senator from West Vir- cation, Labor, and Pensions. S. 61 ginia (Mr. ROCKEFELLER), the Senator By Mr. BINGAMAN (for himself, Ms. At the request of Mr. DURBIN, the from Colorado (Mr. BENNET), the Sen- MURKOWSKI, Mrs. BOXER, Mr. WYDEN, name of the Senator from Ohio (Mr. ator from Montana (Mr. TESTER), the Mr. UDALL of New Mexico, Ms. CANT- BROWN) was added as a cosponsor of S. Senator from New York (Mrs. WELL, Mr. TESTER, Mr. JOHNSON, Mrs. 61, a bill to amend title 11 of the United GILLIBRAND), the Senator from North MURRAY, Mr. UDALL of Colorado, and States Code with respect to modifica- Carolina (Mrs. HAGAN), the Senator Mr. HATCH): S. 561. A bill to authorize a supplemental tion of certain mortgages on principal from Michigan (Ms. STABENOW), the funding source for catastrophic emergency residences, and for other purposes. Senator from Alaska (Mr. BEGICH), the wildland fire suppression activities on De- S. 261 Senator from Minnesota (Ms. partment of the Interior and National Forest At the request of Mr. GRAHAM, the KLOBUCHAR), the Senator from Michi- System lands, to require the Secretary of the name of the Senator from Hawaii (Mr. gan (Mr. LEVIN), the Senator from Col- Interior and the Secretary of Agriculture to AKAKA) was added as a cosponsor of S. orado (Mr. UDALL), the Senator from develop a cohesive wildland fire management Delaware (Mr. CARPER), the Senator strategy, and for other purposes; to the Com- 261, a bill to amend the Internal Rev- mittee on Energy and Natural Resources. enue Code of 1986 to restore the deduc- from Missouri (Mrs. MCCASKILL), the By Mr. NELSON of Florida (for him- tion for the travel expenses of a tax- Senator from New Mexico (Mr. UDALL), self, Ms. SNOWE, and Ms. KLOBUCHAR): payer’s spouse who accompanies the the Senator from Illinois (Mr. BURRIS), S. 562. A bill to require accurate and rea- taxpayer on business travel. the Senator from Rhode Island (Mr. sonable disclosure of the terms and condi- S. 277 REED), the Senator from Nebraska (Mr. tions of prepaid telephone calling cards and At the request of Mr. UDALL of Colo- NELSON), the Senator from Arkansas services, and for other purposes; to the Com- (Mr. PRYOR), the Senator from Penn- mittee on Commerce, Science, and Transpor- rado, his name was added as a cospon- sylvania (Mr. CASEY) and the Senator tation. sor of S. 277, a bill to amend the Na- By Mr. BENNETT (for himself and Mr. tional and Community Service Act of from Wisconsin (Mr. FEINGOLD) were HATCH): 1990 to expand and improve opportuni- added as cosponsors of S. 542, supra. S. 563. A bill to direct the exchange of cer- ties for service, and for other purposes. S. 546 tain land in Grand, San Juan, and Uintah S. 317 At the request of Mr. REID, the Counties, Utah, and for other purposes; to names of the Senator from Illinois (Mr. At the request of Mr. FEINGOLD, the the Committee on Energy and Natural Re- DURBIN), the Senator from Arkansas sources. name of the Senator from Virginia (Mr. (Mrs. LINCOLN), the Senator from Mas- By Mr. FEINGOLD (for himself, Mr. WEBB) was added as a cosponsor of S. sachusetts (Mr. KERRY), the Senator GRASSLEY, Mr. LIEBERMAN, Mr. KEN- 317, a bill to repeal the provision of law NEDY, Mr. CARDIN, and Mr. WYDEN): that provides automatic pay adjust- from Massachusetts (Mr. KENNEDY), the S. 564. A bill to establish commissions to ments for Members of Congress. Senator from Connecticut (Mr. review the facts and circumstances sur- LIEBERMAN), the Senator from Ohio S. 423 rounding injustices suffered by European (Mr. BROWN), the Senator from Rhode Americans, European Latin Americans, and At the request of Mr. AKAKA, the Island (Mr. WHITEHOUSE), the Senator Jewish refugees during World War II; to the name of the Senator from Nevada (Mr. from South Dakota (Mr. JOHNSON), the Committee on the Judiciary. ENSIGN) was added as a cosponsor of S. Senator from Oregon (Mr. WYDEN) and By Mr. DURBIN (for himself, Mr. COCH- 423, a bill to amend title 38, United RAN, Mr. LEVIN, and Mr. DORGAN): the Senator from Alabama (Mr. SHEL- States Code, to authorize advance ap- BY) were added as cosponsors of S. 546, S. 565. A bill to amend title XVIII of the propriations for certain medical care Social Security Act to provide continued en- a bill to amend title 10, United States titlement to coverage for immuno- accounts of the Department of Vet- Code, to permit certain retired mem- suppressive drugs furnished to beneficiaries erans Affairs by providing two-fiscal bers of the uniformed services who under the Medicare Program that have re- year budget authority, and for other have a service-connected disability to ceived a kidney transplant and whose enti- purposes. receive both disability compensation tlement to coverage would otherwise expire, S. 428 from the Department of Veterans Af- and for other purposes; to the Committee on At the request of Mr. DORGAN, the Finance. fairs for their disability and either re- By Mr. DURBIN (for himself, Mr. SCHU- names of the Senator from California tired pay by reason of their years of MER, and Mr. KENNEDY): (Mrs. BOXER) and the Senator from military service of Combat-Related S. 566. A bill to create a Financial Product New Mexico (Mr. BINGAMAN) were Special Compensation. Safety Commission, to provide consumers added as cosponsors of S. 428, a bill to S. RES. 60 with stronger protections and better infor- allow travel between the United States At the request of Mrs. SHAHEEN, the mation in connection with consumer finan- and Cuba. cial products, and to give providers of con- names of the Senator from Indiana S. 475 sumer financial products more regulatory (Mr. LUGAR) and the Senator from certainty; to the Committee on Banking, At the request of Mr. BURR, the name Utah (Mr. BENNETT) were added as co- Housing, and Urban Affairs. of the Senator from Louisiana (Ms. sponsors of S. Res. 60, a resolution LANDRIEU) was added as a cosponsor of f commemorating the 10-year anniver- S. 475, a bill to amend the sary of the accession of the Czech Re- SUBMISSION OF CONCURRENT AND Servicemembers Civil Relief Act to public, the Republic of Hungary, and SENATE RESOLUTIONS guarantee the equity of spouses of mili- the Republic of Poland as members of The following concurrent resolutions tary personnel with regard to matters the North Atlantic Treaty Organiza- and Senate resolutions were read, and of residency, and for other purposes. tion. referred (or acted upon), as indicated: S. 484 S. RES. 64 By Mr. MENENDEZ (for himself, Mr. At the request of Mrs. FEINSTEIN, the At the request of Mrs. BOXER, the KERRY, Mr. DODD, and Mr. LUGAR): name of the Senator from Louisiana name of the Senator from Vermont

VerDate Nov 24 2008 01:02 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.057 S10MRPT1 smartinez on PROD1PC64 with SENATE S2966 CONGRESSIONAL RECORD — SENATE March 10, 2009 (Mr. SANDERS) was added as a cospon- 2—on Sugar Loaf Road. The original Arapaho-Roosevelt National Forest sor of S. Res. 64, a resolution recog- permit was approved of in 1970, and had and managed accordingly. nizing the need for the Environmental an expiration date of December 31, 1991. The bill provides that the Forest Protection Agency to end decades of The permit boundary included 2 acres. Service shall determine the values of delay and utilize existing authority The special use permit issued in 1994 all lands involved through appraisals in under the Resource Conservation and combined the two permits for stations accordance with Federal standards. If Recovery Act to comprehensively regu- 1 and 2 into one. The new permit for the lands conveyed by the Fire District late coal combustion waste and the station 2 reduced the permit area to are not equal in value to the lands need for the Tennessee Valley Author- one acre, because the area of impact where the fire stations are located, the ity to be a national leader in techno- and existing improvements did not ex- Fire District will make a cash payment logical innovation, low-cost power, and ceed one acre. to make up the difference. If the lands environmental stewardship. The Fire District entered into discus- being conveyed to the Federal govern- S. RES. 70 sions with the Forest Service about a ment are worth more than the lands At the request of Mr. DURBIN, the land swap. In August 1997, the Fire Dis- where the fire stations are located, the name of the Senator from West Vir- trict filed an application to acquire the Forest Service can equalize values by property under stations 1 and 2 pursu- ginia (Mr. BYRD) was added as a co- reducing the lands it receives or by sponsor of S. Res. 70, a resolution con- ant to the Small Tracts Act, STA. The paying to make up the difference or by gratulating the people of the Republic STA allows for transfers of small min- a combination of both methods. The of Lithuania on the 1000th anniversary eral fractions by the sale of property bill requires the Fire District to pay of Lithuania and celebrating the rich for market value, or by the exchange of for the appraisals and any necessary properties of nearly equal value. The history of Lithuania. land surveys. application proposed trading a mining f The bill permits the Fire District to claim surrounded by National Forest, modify the fire stations without wait- STATEMENTS ON INTRODUCED for approximately 3 acres under station ing for completion of the exchange if BILLS AND JOINT RESOLUTIONS 1 and 1.5 acres under station 2. the Fire District holds the Federal gov- The Fire District worked in good By Mr. UDALL, of Colorado (for ernment harmless for any liability faith to comply with the STA. In No- himself and Mr. BENNET): arising from the construction work and vember 2002, officials from the Fire S. 555. A bill to provide for the ex- indemnifies the Federal Government District met with officials from the change of certain land located in the against any costs related to the con- Forest Service. Upon review of the STA Arapaho-Roosevelt National Forests in struction or other activities on the application, the Forest Service con- the State of Colorado, and for other lands before they are conveyed to the cluded that the parcel under station 2 purposes; to the Committee on Energy Fire District. did not qualify for a land exchange and and Natural Resources. This is a relatively minor bill but one that the Fire District would have to Mr. UDALL. Mr. President, today I that is important to the Fire District pursue a new special use permit for the am introducing the Sugar Loaf Fire and the people it serves. I think it de- property under station 2. As a result, Station Land Exchange Act of 2009. serves enactment without unnecessary the Fire District is interested in secur- This bill is the same as the version I delay. introduced in the House of Representa- ing ownership of the land under these tives in the last Congress, H.R. 3181. It stations through this exchange legisla- By Mr. REID (for Mr. KENNEDY will facilitate a fair exchange of lands tion. (for himself, Mr. HARKIN, Mr. The Fire District has occupied and on the Arapaho-Roosevelt National DODD, Ms. MIKULSKI, Mrs. MUR- operated these fire stations on these Forest near Boulder, CO., between the RAY, Mr. REED, Mr. SANDERS, properties for over 30 years. If they can Forest Service and the Sugar Loaf Fire Mr. BROWN, Mr. CASEY, Mr. secure ownership, the lands will con- District. The Fire District is seeking MERKLEY, Mr. BYRD, Mr. tinue to be used as sites for fire sta- this exchange so that they can main- INOUYE, Mr. LEAHY, Mr. LEVIN, tions. The Fire District has made a tain and upgrade their fire stations Mr. KERRY, Mr. ROCKEFELLER, strong, persistent, good faith effort to serving the Sugar Loaf community and Mr. REID, Mr. LIEBERMAN, Mr. acquire the land under the stations other nearby communities and prop- AKAKA, Mrs. BOXER, Mr. FEIN- through administrative means and has GOLD, Mr. WYDEN, Mr. DURBIN, erties—areas that are in the wildland/ demonstrated its sincere commitment Mr. JOHNSON, Mr. SCHUMER, Mr. urban interface and thus at risk of to this project by expending its mone- NELSON of Florida, Mr. CARPER, wildfires. In fact, these fire stations tary resources and the time of its staff Ms. STABENOW, Ms. CANTWELL, serve the area that was burned in the to satisfy the requirements set forth by Mr. LAUTENBERG, Mr. MENEN- Black Tiger Fire in 1989. That fire was the Forest Service. the motivation for the Sugar Loaf com- However, those efforts have not suc- DEZ, Mr. CARDIN, Ms. munity to invest more strongly in fire ceeded and it has become evident that KLOBUCHAR, Mr. WHITEHOUSE, protection. The Fire District has grown legislation is required to resolve the Mr. UDALL of New Mexico, Mrs. a lot over the years, and will be cele- situation. SHAHEEN, Mr. BEGICH, Mr. brating its 40th anniversary this Au- The Fire District is willing to trade BURRIS, Mr. KAUFMAN, and Mrs. gust. the property it owns for the property GILLIBRAND)): The bill relates to two fire stations. under the stations. However, the Fire S. 560. A bill to amend the National The Fire District acquired station 1 District is firm in its position that it Labor Relations Act to establish an ef- through an original mining claim wants land under both stations, and ficient system to enable employees to under the 1872 mining laws. In 1967, a that the amount of land must be ade- form, join, or assist labor organiza- public meeting was held on this prop- quate to satisfy both its current and tions, to provide for mandatory injunc- erty to establish a fire district and anticipated needs. tions for unfair labor practices during modify the old school building on the Under the bill, the land exchange will the organizing efforts, and for other site into a firehouse to hold a fire proceed if the Fire District offers to purposes; to the Committee on Health, truck and other firefighting equip- convey acceptable title to a specified Education, Labor, and Pensions. ment. On May 14, 1969, the U.S. Forest parcel of land amounting to about 5.17 Mr. KENNEDY. We are facing a pro- Service approved a special use permit, acres in an unincorporated part of found economic crisis, the likes of which allowed the fire department to Boulder County within National Forest which we have not seen since the Great use both the firehouse and approxi- boundaries between the communities of Depression. Countless working families mately 5 acres of the property under it. Boulder and Nederland. In return, the who were already living on the edge of The special use permit was reissued on land—about 5.08 acres—where the two financial disaster have been hit hard, August 11, 1994, with a life of 10 years. fire stations are located will be trans- and they have nothing to fall back on. In 1970, the fire department applied ferred to the Fire District. Their faith in the American dream has for a special use permit to operate and The lands transferred to the Federal been replaced by fear for their families maintain a second firehouse—station government will become part of the and their future.

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.044 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2967 We have already taken some much- to organize without threats or dirty gally during organizing campaigns or needed actions to put our country back tricks. They have formed strong part- first-contract bargaining. These impor- on track, but more needs to be done. In nerships with their employees, and tant changes will put real teeth in the these perilous times, working families they have prospered. But these indi- law, and give employers a financial need security. They need new skills vidual good examples are not enough to reason to respect workers’ rights. and new opportunities. And they need a solve the problem. We need to deal With these basic reforms, the Em- voice in the decisions that will affect with the bad actors. We need to stop ployee Free Choice Act will fix the cur- their families and their futures. the lawbreaking that has become rent broken system and level the eco- Now more than ever, workers need alarmingly common and provide nomic playing field for millions of someone on their side, fighting for stronger protections for workers’ American workers. It will help them them. Now more than ever, they need rights. obtain real, tangible benefits that will unions. Unions were fundamental in That is why we need the Employee make a difference in their lives and in building America’s middle class, and Free Choice Act. This important legis- the lives of their families. they have a vital role to play today in lation will give American workers the By restoring fairness to the Amer- restoring the American dream for real freedom to choose a union without ican workplace, and strengthening the working families. fear of threats or intimidation. voice of American workers, we can re- First and foremost, unions enable First, the bill gives workers two pos- build the land of opportunity—a land workers to obtain their fair share of sible ways to choose whether they with good jobs, fair wages, and fair the benefits that their hard work cre- want a union. They can rely on an elec- benefits that can support a family. We ates. Union wages are 30 percent higher tion, or—if they fear intimidation from can revitalize the American middle than nonunion wages. Eighty percent their employer during the election class and restore the American dream. of union workers have health insur- process—they can use a process called I urge all of my colleagues to support ance, compared to only 49 percent of majority sign-up, which enables work- this important legislation and help put their nonunion counterparts. Union ers to choose whether they want a working families back on the path to members are four times more likely to union by deciding whether to sign their prosperity. have a guaranteed pension. name on a card calling for a union. Equally important in this crisis, Majority sign-up has always been a By Mr. NELSON, of Florida (for unions provide greater security and valid way to form a union. Since 2003, himself, Ms. SNOWE, and Ms. greater promise of fair treatment. At a more than half a million private sector KLOBUCHAR): time when workers who lose their jobs workers have formed a union through S. 562. A bill to require accurate and can remain unemployed for a year or this efficient and democratic process. reasonable disclosure of the terms and more, those who are represented by a The problem is that under current conditions of prepaid telephone calling union have better job security and the law, workers may use the majority cards and services, and for other pur- assurance of knowing they will have a sign-up process only if their employer poses; to the Committee on Commerce, voice at the table when difficult deci- agrees. That is not fair. Workers—not Science, and Transportation. sions are made. their bosses—should get to choose how Mr. NELSON of Florida. Mr. Presi- It is little wonder that so many they make the important decision dent, prepaid telephone calling cards Americans want a union on their side. about whether they want union rep- are used by many Americans to stay in In a recent survey, more than half of resentation. The Employee Free Choice touch with loved ones around the coun- all nonunion workers—nearly 60 mil- Act puts this choice in workers’ hands. try and throughout the world. Unfortu- lion men and women—say they would Second, the bill ensures that workers nately, some providers and distributors join a union if they could. who choose a union will have a fair of these cards are scamming con- The problem is that most workers process for getting a first contract. It sumers—by imposing undisclosed junk who want a union can’t get one. Those provides that if the union and the em- fees, charging exorbitant rates, and who attempt to exercise this funda- ployer don’t reach a contract within 90 selling cards that expire shortly after mental right often find that the cur- days, either side can seek mediation consumers start using them. rent system is rigged against them. from the Federal Mediation and Concil- Over the past couple of years, a num- Unscrupulous employers routinely iation Service. The agency has pro- ber of State Attorneys General and the break the law to keep unions out. They vided collective bargaining mediation Federal Trade Commission have opened fire union supporters. They intimidate services—including mediation of first investigations and found that a number workers, harass them, and discriminate contract negotiations—for more than of providers and distributors are engag- against them. They close down whole 50 years, and it has an 86 percent suc- ing in unfair and deceptive business departments—or even entire plants—to cess rate. practices. These practices include avoid a union. A recent study by the In the rare instance when the medi- charging customers for calls where Center for Economic and Policy Re- ation process fails, the bill provides for they receive busy signals, imposing search found that union supporters are binding arbitration, which will be han- weekly ‘‘maintenance fees’’ that may fired in more than one quarter of all dled by a panel of highly qualified arbi- take away up to 20 percent of the union organizing campaigns. trators who have long experience in de- card’s overall value, and billing for Even when workers prevail in a union veloping contract provisions that are calls in 3-minute increments. election, employers can steal the vic- fair to both sides. This type of arbitra- As a result of these investigations, tory by refusing to bargain fairly for tion is a tried-and-true method of re- some companies have been fined or the first union contract. They drag solving contract disputes that is al- have entered into consent decrees for- their feet, delay bargaining, and use a ready used in the rail and airline indus- bidding them from engaging in some variety of other tactics to prevent an tries, and for public sector workers in deceptive practices. In addition, some agreement. One study found that in at least 25 States. states—including Florida—have im- more than a third of hard-won union Finally, the Employee Free Choice posed certain regulatory requirements elections, workers are denied a con- Act improves remedies for workers who on prepaid calling card providers and tract because of employers’ delaying face discrimination or retaliation when distributors. To date, however, neither tactics. they seek to organize or obtain a first the Federal Communications Commis- Many of these abuses by employers contract. Under the bill, employers will sion nor the Federal Trade Commission are illegal, but employers have no in- no longer be able to violate the law has taken any action to impose up- centive to change their behavior. The with impunity and write off the insig- front nationwide consumer protection penalties for violating workers’ rights nificant penalties as a minor cost of requirements on this industry. This are so weak that they simply become a doing business. The act takes away lack of federal standards allows many minor cost of doing business. these perverse incentives for employers of these unscrupulous operators to Obviously, not all employers see to break the law by increasing the rem- move from state to state, and create unions as the enemy. Many successful edies for workers, and by imposing new new ‘‘shell companies’’ to escape con- companies have allowed their workers penalties on employers who act ille- sumer protection regulations. This is

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MR6.033 S10MRPT1 smartinez on PROD1PC64 with SENATE S2968 CONGRESSIONAL RECORD — SENATE March 10, 2009 wrong, and I think we need to fix this (4) PREPAID TELEPHONE CALLING CARD.— SEC. 3. REQUIRED DISCLOSURES OF PREPAID situation. (A) IN GENERAL.—The terms ‘‘prepaid tele- TELEPHONE CALLING CARDS OR SERVICES. That’s why I rise today to introduce phone calling card’’ and ‘‘card’’ mean— the Prepaid Calling Card Consumer (i) a card or similar device that allows (a) REQUIRED DISCLOSURE; RULEMAKING.— users to pay in advance for a specified Not later than 180 days after the date of en- Protection Act of 2009. amount of calling, without regard to addi- The Prepaid Calling Card Consumer actment of this Act, the Commission shall tional features, functions, or capabilities prescribe regulations that require every pre- Protection Act of 2009 requires the Fed- available in conjunction with a prepaid tele- paid telephone calling service provider or eral Trade Commission to draft com- phone calling service; or prepaid telephone calling card distributor to prehensive rules requiring all prepaid (ii) any right of use purchased in advance disclose the following information relating telephone calling card providers and for a sum certain linked to an access number to the material terms and conditions of the distributors to disclose the rates and and authorization code that— prepaid telephone calling card or service: fees associated with their calling cards (I) enables a consumer to use a prepaid (1) INFORMATION RELATING TO DOMESTIC up-front, at the point of sale. It also re- telephone calling service; and INTERSTATE CALLS.— (II) is embodied on a card or other physical (A) The number of calling units or minutes quires providers who market their object, or purchased by an electronic or tele- cards in languages other than English of domestic interstate calls provided by such phonic means through which the purchaser card or service at the time of purchase; or to disclose rates and fees in that lan- obtains access numbers and authorization (B) the dollar value of such card or service guage as well. Furthermore, the legis- codes that are not physically located on a and the domestic interstate rate per-minute lation requires providers to honor the card, its packaging, an Internet website, or provided by such card or service at the time cards for at least a year after the time other promotional materials. of purchase. the card is first used. (B) EXCLUSION.—The terms ‘‘prepaid tele- (2) INFORMATION RELATING TO INTER- To enforce these disclosure require- phone calling card’’ and ‘‘card’’ do not in- NATIONAL PREFERRED DESTINATIONS.—The ap- ments, the bill gives the Federal Trade clude cards or other rights of use that pro- plicable calling unit or per-minute rates for vide access to— each international preferred destinations Commission, State Attorneys General, (i) service provided for free, or at no addi- and state consumer protection advo- served by such card or service. tional charge as a promotional item accom- (3) INFORMATION RELATING TO INDIVIDUAL cates the ability to sue the fraudsters panying a product or service purchased by a INTERNATIONAL DESTINATIONS.— who violate these requirements in fed- consumer; or (A) The applicable calling unit or per- eral court. In addition, the law pre- (ii) a wireless telecommunications service minute rates for each individual inter- serves additional state consumer pro- account with a wireless service provider that national destinations served by such card or tection requirements—such as state the purchaser has a preexisting relationship service. utility commission certification or with or establishes a carrier customer rela- (B) That the applicable calling unit or per- tionship with via the purchase of a prepaid minute rates for each individual inter- bonding requirements. wireless telecommunications service handset I invite my colleagues to join with national destination may be obtained package. through the prepaid telephone calling card Senators SNOWE, KLOBUCHAR and my- (5) PREPAID TELEPHONE CALLING CARD DIS- provider’s toll-free customer service number self in supporting the Prepaid Calling TRIBUTOR.— and Internet website. (A) IN GENERAL.—The term ‘‘prepaid tele- Card Consumer Protection Act of 2009. (C) Whether those rates fluctuate. phone calling card distributor’’ means any We should waste no time in ensuring (4) OTHER MATERIAL TERMS AND CONDI- person that— that military servicemembers, seniors, TIONS.—Other material terms and conditions (i) purchases prepaid telephone calling immigrants and other Americans using pertaining to the use of such card or service, cards or services from a prepaid telephone including— these prepaid telephone calling cards calling service provider; and (A) the amount and frequency of all fees; are protected from bad actors in the (ii) sells, resells, issues, or distributes pre- (B) a description of applicable policies re- marketplace. paid telephone calling cards to 1 or more dis- Mr. President, I ask unanimous con- tributors of such cards or to 1 or more retail lating to refund, recharge, decrement, or ex- sent that the text of the bill be printed sellers of such cards. piration; and (C) limitations, if any, on the use or period in the RECORD. (B) EXCLUSION.—The term ‘‘prepaid tele- phone calling card distributor’’ does not in- of time for which the displayed, promoted, or There being no objection, the text of advertised minutes or rates will be available the bill was ordered to be printed in clude any retail merchant or seller of pre- paid telephone calling cards exclusively en- to the customer. the RECORD, as follows: gaged in point-of-sale transactions with end- (5) SERVICE PROVIDER INFORMATION.—Infor- S. 562 user customers. mation relating to the service provider, in- Be it enacted by the Senate and House of Rep- (6) PREPAID TELEPHONE CALLING SERVICE.— cluding— resentatives of the United States of America in (A) IN GENERAL.—The terms ‘‘prepaid tele- (A) the name of the service provider; Congress assembled, phone calling service’’ and ‘‘service’’ mean (B) the address of such service provider, SECTION 1. SHORT TITLE. any real time voice communications service, which shall be made available on the pro- This Act may be cited as the ‘‘Prepaid regardless of the technology or network uti- vider’s website (if any), together with the Calling Card Consumer Protection Act of lized, paid for in advance by a consumer, uniform resource locator address thereof; 2009’’. that allows a consumer to originate voice and SEC. 2. DEFINITIONS. telephone calls through a local, long dis- (C) a toll-free telephone number that may In this Act: tance, or toll-free access number and author- be used to contact the customer service de- (1) COMMISSION.—The term ‘‘Commission’’ ization code, whether manually or electroni- partment of such service provider, together means the Federal Trade Commission. cally dialed. with the hours of service of the customer (2) FEES.— (B) EXCLUSION.—The terms ‘‘prepaid tele- service department. (A) IN GENERAL.—The term ‘‘fees’’ means phone calling service’’ and ‘‘service’’ do not (b) CLEAR AND CONSPICUOUS DISCLOSURE OF all charges, fees, taxes, or surcharges, in- include any service that provides access to a REQUIRED INFORMATION AND LANGUAGE RE- cluding connection, hang-up, service, wireless telecommunications service account QUIREMENTS.—In prescribing regulations payphone, and maintenance charges, which if the purchaser has a preexisting relation- under subsection (a), the Commission shall may be— ship with the wireless service provider or es- require, at a minimum, that— (i) required by State or Federal statute or tablishes a carrier-customer relationship via (1) the required disclosures (other than the by regulation or order of the Commission or the purchase of a prepaid wireless tele- disclosure required by subsection (a)(3)(A)) a State; or communications service handset package. for prepaid telephone calling cards are print- (ii) permitted to be assessed by a State or (7) PREPAID TELEPHONE CALLING SERVICE ed in plain English in a clear and con- Federal statute or by regulation or order of PROVIDER.—The term ‘‘prepaid telephone spicuous location on the card, or on the the Commission or a State. calling service provider’’ means any person packaging of the card, so as to be plainly (B) EXCLUSION.—The term ‘‘fees’’ does not providing prepaid telephone calling service visible to a consumer at the point of sale; include the applicable per unit or per-minute to the public using its own, or a resold, net- (2) the required disclosures (other than the rate for the particular destination called by work offering real time voice communica- disclosure required by subsection (a)(3)(B)) a consumer. tions service regardless of the technology for prepaid telephone calling service that (3) INTERNATIONAL PREFERRED DESTINA- utilized. consumers access and purchase via the Inter- TION.—The term ‘‘international preferred (8) WIRELESS TELECOMMUNICATIONS SERV- net are displayed in plain English in a clear destination’’ means a specific international ICE.—The term ‘‘wireless telecommuni- and conspicuous location on the Internet site destination named on a prepaid telephone cations service’’ has the meaning given the from which the consumer purchases such calling card or on the packaging material ac- term ‘‘commercial mobile service’’ in section service, and include conspicuous instructions companying a prepaid telephone calling 332(d) of the Communications Act of 1934 (47 and directions to any link to such disclo- card. U.S.C. 332(d)). sures;

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(3) the required disclosures (other than the (4) EXPIRATION.—To provide, sell, resell, (c) LIABILITY.—A prepaid telephone calling disclosure required by subsection (a)(3)(A)) issue, or distribute a prepaid telephone call- service provider or a prepaid telephone call- for advertising and other promotional mate- ing card that expires— ing card distributor may not avoid liability rials are printed on any advertising for the (A) before the date that is 1 year after the under this section by stating that the dis- prepaid telephone calling card or service date on which such card is first used; or played, announced, promoted, or advertised used at the point of sale, including on any (B) in the case of a prepaid telephone call- minutes, or the per-minute rate to a specific signs for display by retail merchants, dis- ing card or service that permits a consumer destination, are subject to fees or charges. A played on any Internet site used to promote to purchase additional usage minutes or add prepaid calling service provider or prepaid material, and on any other promotional ma- additional value to the card, before the date calling distributor shall not be liable for the terial used at the point of sale that is pre- that is 1 year after the date on which the disclosure of lawful fees, charges, or limita- pared by, or at the direction of, any person consumer last purchased additional usage tions made pursuant to regulations pre- that is subject to the requirements of this minutes or added additional value to the scribed by the Commission under section 3, Act; and card. including lawful conditions of use. (4) if a language other than English is pre- (5) CHARGES FOR UNCONNECTED CALLS.—To (d) IMPLEMENTING REGULATIONS.—The Com- dominantly used on a prepaid telephone call- assess any fee or charge for any unconnected mission may, in accordance with section 553 ing card or its packaging, or in the point-of- telephone call. For purposes of this para- of title 5, United States Code, prescribe such sale advertising, Internet advertising, or pro- graph, a telephone call shall not be consid- regulations as the Commission determines motional material of a prepaid telephone ered connected if the person placing the call are necessary to implement this section. calling card or prepaid telephone calling receives a busy signal or if the call is unan- SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE service, then the required disclosures are swered. COMMISSION. provided in that language on such card, (6) MAXIMUM BILLING INCREMENTS.—To as- (a) UNFAIR AND DECEPTIVE ACT OR PRAC- packaging, advertisement, or promotional sess or deduct a per-minute rate (or equiva- TICE.—Notwithstanding any other provision material in the same manner as if they were lent calling unit) in an increment greater of law, a violation of a regulation prescribed provided in English. than 1 minute of calling time for calls that under section 3 or the commission of an un- (5) if a language other than English is pre- are less than 1 full minute. It shall not be a lawful act proscribed under section 4 shall be dominantly used on a prepaid telephone call- violation of this section for a prepaid tele- treated as a violation of a rule defining an ing card or its packaging, or in the point-of- phone calling service provider to deduct dif- unfair or deceptive act or practice prescribed sale advertising, or promotional materials of ferent destination-specific rates (or equiva- under section 18(a)(1)(B) of the Federal Trade a prepaid telephone calling card or prepaid lent calling units) for each full minute of Commission Act (15 U.S.C. 57a(a)(1)(B)). telephone calling service, then the customer calling time in accordance with properly dis- (b) AUTHORITY OF THE COMMISSION.—The service department reached via a toll-free closed rates or other terms and conditions. Commission shall enforce this Act in the number must provide basic customer support (b) PREPAID TELEPHONE CALLING CARD DIS- same manner and by the same means as (per-minute rate or equivalent calling units TRIBUTOR.—It shall be unlawful for any pre- though all applicable terms and provisions of for each destination, fees, and terms of serv- paid telephone calling card distributor to do the Federal Trade Commission Act were in- ice) in that language. any of the following: corporated into and made a part of this Act. (c) IMPLEMENTING REGULATIONS.—The Com- (1) UNDISCLOSED FEES AND CHARGES.—To as- Notwithstanding section 5(a)(2) of the Fed- mission may, in accordance with section 553 sess or deduct from the balance of a prepaid eral Trade Commission Act (15 U.S.C. of title 5, United States Code, prescribe such telephone calling card any fee or other 45(a)(2), communications common carriers other disclosure regulations as the Commis- amount for use of the prepaid telephone call- shall be subject to the jurisdiction of the sion determines are necessary to implement ing service, except— Commission exclusively for the purposes of this section. (A) the per-minute rate or value for each this Act, and section 5(a)(2) shall not be oth- particular destination called by the con- erwise affected. SEC. 4. UNLAWFUL CONDUCT RELATED TO PRE- sumer; and (c) FEDERAL COMMUNICATIONS COMMISSION PAID TELEPHONE CALLING CARDS. (B) fees that are disclosed as required by AUTHORITY.— (a) PREPAID TELEPHONE CALLING SERVICE regulations prescribed under section 3. (1) To the extent that the Federal Trade PROVIDER.—It shall be unlawful for any pre- (2) MINUTES AS PROMOTED AND ADVER- Commission has authority under this Act paid telephone calling service provider to do TISED.—To sell, resell, issue, or distribute with respect to prepaid calling cards, prepaid any of the following: any prepaid telephone calling card that the calling card providers and prepaid calling (1) UNDISCLOSED FEES AND CHARGES.—To as- distributor knows provides fewer minutes card distributors, the Federal Communica- sess or deduct from the balance of a prepaid than the number of minutes promoted or ad- tions Commission shall not exercise any au- telephone calling card any fee or other vertised, or a higher per-minute rate to a thority that it may otherwise have with re- amount for use of the prepaid telephone call- specific destination than the per-minute rate spect to such cards, providers and distribu- ing service, except— to that specific destination promoted or ad- tors; (A) the per-minute rate or value for each vertised, on— (2) Except as provided in paragraph (1), particular destination called by the con- (A) the prepaid telephone calling card that nothing in this Act affects the authority of sumer; and is prepared by or at the direction of the pre- the Federal Communications Commission (B) fees that are disclosed in accordance paid telephone calling card service dis- with respect to such prepaid calling card pro- with the regulations prescribed under sec- tributor; viders and distributors. tion 3. (B) any point of sale material relating to SEC. 6. STATE ENFORCEMENT. (2) MINUTES AND RATES AS PROMOTED AND the card that is prepared by or at the direc- (a) IN GENERAL.— ADVERTISED.—With respect to a prepaid tele- tion of the prepaid telephone calling card (1) CIVIL ACTIONS.—In any case in which the phone calling card for a service of the pre- service distributor; or attorney general of a State, a State utility paid telephone calling service provider, to (C) other advertising relating to the card commission, or other authorized State con- provide fewer minutes than the number of or service. sumer protection agency has reason to be- minutes promoted or advertised, or to charge (3) MINUTES ANNOUNCED, PROMOTED, OR AD- lieve that an interest of the residents of that a higher per-minute rate to a specific domes- VERTISED THROUGH VOICE PROMPTS.—To sell, State has been or is threatened or adversely tic destination or international preferred resell, issue, or distribute a prepaid tele- affected by the engagement of any person in destination than the per-minute rate to that phone calling card that such distributor a practice that is prohibited under this Act, specific destination promoted or advertised, knows provides fewer minutes than the num- the State, as parens patriae, may bring a on— ber of minutes announced, promoted, or ad- civil action on behalf of the residents of that (A) the prepaid telephone calling card; vertised through any voice prompt given to a State in a district court of the United States (B) any point-of-sale material relating to consumer at the time the consumer places a of appropriate jurisdiction— the card that is prepared by or at the direc- call to a dialed destination with the prepaid (A) to enjoin that practice; tion of the prepaid telephone calling card telephone calling card or service. (B) to enforce compliance with this Act; service provider; or (4) EXPIRATION.—To provide, sell, resell, (C) to obtain damage, restitution, or other (C) other advertising related to the card or issue, or distribute a prepaid telephone call- compensation on behalf of residents of the service. ing card that expires— State; or (3) MINUTES ANNOUNCED, PROMOTED, AND AD- (A) before the date that is 1 year after the (D) to obtain such other relief as the court VERTISED THROUGH VOICE PROMPTS.—To pro- date on which such card is first used; or may consider to be appropriate. vide fewer minutes than the number of min- (B) in the case of a prepaid telephone call- (2) NOTICE TO FEDERAL TRADE COMMISSION.— utes announced, promoted, or advertised ing card that permits a consumer to pur- (A) IN GENERAL.—Before filing an action through any voice prompt given by the pre- chase additional usage minutes or add addi- under paragraph (1), the attorney general of paid telephone calling service provider to a tional value to the card or service, before the a State, a State utility commission, or an consumer at the time the consumer places a date that is 1 year after the date on which authorized State consumer protection agen- call to a dialed domestic destination or the consumer last purchased additional cy shall provide to the Commission— international preferred destination with a usage minutes or added additional value to (i) written notice of the action; and prepaid telephone calling card or service. the card or service. (ii) a copy of the complaint for the action.

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.050 S10MRPT1 smartinez on PROD1PC64 with SENATE S2970 CONGRESSIONAL RECORD — SENATE March 10, 2009 (B) EXEMPTION.— (A) imposes higher fines or more punitive fleeing Nazi persecution during World (i) IN GENERAL.—Subparagraph (A) shall civil or criminal remedies, including injunc- War II. This bill is long overdue. not apply to the filing of an action under tive relief, for any violation of this Act, or I am very pleased that my colleagues paragraph (1) if the attorney general of a the rules, regulations, or orders issued by State, a State utility commission, or an au- the Commission under this Act; or Senators GRASSLEY, KENNEDY, thorized State consumer protection agency (B)(i) relates to terms, conditions, or issues LIEBERMAN, INOUYE, CARDIN and WYDEN filing such action determines that it is not that are not addressed by this Act, or by the have joined me as cosponsors of this feasible to provide the notice described in rules, regulations, or orders issued by the important bill. I thank them for their subparagraph (A) before the filing of the ac- Commission under this Act; and support. And I thank Congressman tion. (ii) is not determined by the Commission WEXLER, who has been the unflagging (ii) NOTIFICATION.—In an action described to be inconsistent with the public interest. champion of this legislation and will be (b) PETITIONS CONCERNING PREEMPTION.— in clause (i), the attorney general of a State, introducing an identical bill in the a State utility commission, or an authorized (1) PETITIONS BY PROVIDERS.— State consumer protection agency shall pro- (A) AUTHORITY TO PETITION.—A prepaid House of Representatives. vide notice and a copy of the complaint to telephone calling card provider or a prepaid The victory of America and its allies the Commission at the time the action is telephone calling card distributor may sub- in the Second World War was a tri- filed. mit a petition to the Commission to chal- umph for freedom, justice, and human (b) INTERVENTION BY FEDERAL TRADE COM- lenge a State law or regulation— rights. The courage displayed by so MISSION.— (i) as inconsistent with this Act or the many Americans, of all ethnic origins, rules, regulations, or orders issued by the (1) IN GENERAL.—Upon receiving notice should be a source of great pride for all under subsection (a)(2), the Commission may Commission under this Act; or intervene in the action that is the subject of (ii) as inconsistent with the public inter- Americans. such notice. est, if the measure relates to terms, condi- But, at the same time that so many (2) EFFECT OF INTERVENTION.—If the Com- tions, or issues that are not addressed by brave Americans fought for freedom in mission intervenes in an action under sub- this Act, or the rules, regulations, or orders Europe and the Pacific, the U.S. Gov- section (a), the Commission may— issued by the Commission under this Act. ernment was curtailing the freedom of (A) be heard with respect to any matter (B) DEADLINE FOR COMMISSION ACTION.— people here at home. While it is, of Within 90 days after receiving a petition that arises in that action; and course, the right of every nation to (B) file a petition for appeal. under subparagraph (A), the Commission (c) CONSTRUCTION.—Nothing in this Act shall issue a final determination on the protect itself during wartime, the U.S. may be construed to prevent an attorney issues presented in the petition. The Com- Government must respect the basic general of a State, a State utility commis- mission may issue an order staying the effec- freedoms for which so many Americans sion, or an authorized State consumer pro- tiveness of any State law or regulation that have given their lives. War tests our tection agency from exercising the powers is the subject of the petition during, but for principles and our values. And as our conferred on the attorney general, a State no longer than, such 90-day period. Nation’s recent experience has shown, utility commission, or an authorized State (2) PROCEEDINGS ON UNADDRESSED ISSUES.— it is during times of war and conflict, If, on the basis of any petition under para- consumer protection agency by the laws of when our fears are high and our prin- that State— graph (1), the Commission determines that a (1) to conduct investigations; term, condition, or issue is not addressed by ciples are tested most, that we must be (2) to administer oaths or affirmations; sections 3 or 4 of this Act, or the rules issued even more vigilant to guard against (3) to compel the attendance of witnesses by the Commission under this section 3 of violations of the basic freedoms guar- or the production of documentary and other this Act, the Commission shall, within 180 anteed by the Constitution. evidence; days after the date of such determination, Many Americans are aware that dur- (4) to enforce any State consumer protec- conduct an inquiry or other proceeding to ing World War II, under the authority tion laws of general applicability; or determine whether the Commission should, of Executive Order 9066, our Govern- (5) to establish or utilize existing adminis- in the public interest, promulgate a rule, trative procedures to enforce the provisions pursuant to section 3(c), to address such ment forced more than 100,000 ethnic of the law of such State. term, condition, or issue. Japanese from their homes and ulti- (d) VENUE; SERVICE OF PROCESS.— SEC. 9. GAO STUDY. mately into internment camps. Japa- (1) VENUE.—Any action brought under sub- Beginning 1 year after the date on which nese Americans were forced to leave section (a) shall be brought in the district final regulations are promulgated pursuant their homes, their livelihoods, and court of the United States that meets appli- to section 3(a), the Comptroller General shall their communities and were held be- cable requirements relating to venue under conduct a study of the effectiveness of this hind barbed wire and military guard by Act and the disclosures required under this section 1391 of title 28, United States Code. their own government. Through the (2) SERVICE OF PROCESS.—In an action Act and shall submit a report of such study brought under subsection (a), process may be to the House Committee on Energy and Com- work of the Commission on Wartime served in any district in which the defend- merce and the Senate Committee on Com- Relocation and Internment of Civil- ant— merce, Science, and Transportation no later ians, created by Congress in 1980, this (A) is an inhabitant; or than 2 years after the date of enactment of shameful event finally received the of- (B) may be found. this Act. ficial acknowledgement and condemna- SEC. 7. APPLICATION. tion it deserved. The regulations prescribed under section 3 While I commend our Government for By Mr. FEINGOLD (for himself, and the provisions of sections 3 and 4 shall finally recognizing and apologizing for apply to any prepaid telephone calling card Mr. GRASSLEY, Mr. LIEBERMAN, the mistreatment of Japanese Ameri- issued or placed into the stream of com- Mr. KENNEDY, Mr. CARDIN, and cans during World War II, I believe merce, and to any advertisement, promotion, Mr. WYDEN): point-of-sale material or voice prompt re- S. 564. A bill to establish commis- that it is time that the Government garding a prepaid telephone calling service sions to review the facts and cir- also acknowledge the mistreatment ex- that is created or disseminated more than cumstances surrounding injustices suf- perienced by American citizens or resi- 120 days after the date on which the regula- fered by European Americans, Euro- dents of German or Italian descent and tions prescribed under section 3 are pub- persons of European descent living in lished in the Federal Register. pean Latin Americans, and Jewish ref- ugees during World War II; to the Com- Latin American countries, as well as SEC. 8. EFFECT ON STATE LAW. Jewish refugees. (a) PREEMPTION.— mittee on the Judiciary. (1) IN GENERAL.—Except as otherwise pro- Mr. FEINGOLD. Mr. President, today The Wartime Treatment Study Act vided in this section, this Act preempts the I introduce the Wartime Treatment would create two independent, fact- laws of any State or political subdivision Study Act. This bill would create two finding commissions to review this un- thereof to the extent that such laws are in- factfinding commissions: one commis- fortunate history, so that Americans consistent with this Act, or the rules, regu- sion to review the treatment by our can understand why it happened and lations, or orders issued by the Commission Government during World War II of work to ensure that it never happens under this Act. American citizens or residents of Ger- again. One commission will review the (2) EXCEPTIONS.—This Act shall not pre- treatment by the U.S. Government of empt any provision of State law or enforce- man or Italian descent and persons of ment action that provides additional en- European descent living in Latin German Americans, Italian Americans, forcement protection to consumers of pre- American countries, and another com- and other European Americans, as well paid telephone calling cards if such provision mission to review the U.S. Govern- as European Latin Americans, during of law or enforcement action— ment’s treatment of Jewish refugees World War II.

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.050 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2971 I believe that most Americans are Americans who were repatriated or de- some remaining in custody for years after unaware that the U.S. Government des- ported to hostile, war-torn European cessation of World War II hostilities, and re- ignated more than 600,000 Italian-born Axis powers, often in exchange for patriated, exchanged, or deported European and 300,000 German-born United States Americans being held in those coun- Americans, including American-born chil- dren, to European Axis nations, many to be resident aliens and their families as tries. exchanged for Americans held in those na- ‘‘enemy aliens.’’ The U.S. Government Finally, there has been no justice for tions. unfairly subjected many to arrest, de- the thousands of Jews, like those (3) Pursuant to a policy coordinated by the tainment, and relocation. Indeed, as aboard the German vessel the St. Louis, United States with Latin American nations, was the case with Japanese Americans, who sought refuge from hostile Nazi thousands of European Latin Americans, in- approximately 11,000 ethnic Germans, treatment but were callously turned cluding German and Austrian Jews, were ar- 3,200 ethnic Italians, and scores of Bul- away at America’s shores. rested, relocated to the United States, and interned. Many were later repatriated or de- garians, Hungarians, Romanians or The injustices to European Ameri- ported to European Axis nations during other European Americans living in cans, European Latin Americans, and World War II and exchanged for Americans America were taken from their homes Jewish refugees occurred more than 60 and Latin Americans held in those nations. and placed in internment camps during years ago. Americans must learn from (4) Millions of European Americans served World War II. Even less well known is these tragedies now, while the people in the armed forces and thousands sacrificed the U.S. policy coordinated with many who survived these injustices are still their lives in defense of the United States. Latin American countries that resulted with us, and are still here to teach us. (5) The wartime policies of the United States Government were devastating to the in thousands of European Americans, We cannot put this off any longer. German American and Italian American including German and Austrian Jews, Their numbers are rapidly dwindling. I communities, individuals, and their families. being arrested, shipped to the United spoke on the Senate floor in the last The detrimental effects are still being expe- States by U.S. military transport, and Congress about one such former in- rienced. interned. Many European Americans ternee, Max Ebel, who died still wait- (6) Prior to and during World War II, the and European Latin Americans were ing for his country to acknowledge his United States restricted the entry of Jewish later repatriated or deported to Euro- internment and those of many other refugees who were fleeing persecution or pean Axis nations during World War II, genocide and sought safety in the United European Americans. If we wait any States. During the 1930’s and 1940’s, the and some were exchanged for Ameri- longer, even more people who were af- quota system, immigration regulations, visa cans and Latin Americans held in those fected will no longer be here to know requirements, and the time required to proc- nations. We must learn from this his- that Congress has at last recognized ess visa applications affected the number of tory and explore why we failed to pro- their sacrifice and resolved to learn Jewish refugees, particularly those from tect the basic freedoms of our fellow from the mistakes of the past. Germany and Austria, who could gain admit- Americans and those brought here We should never allow this part of tance to the United States. from Latin America. (7) The United States Government should our Nation’s history to repeat itself. conduct an independent review to fully as- A second commission created by this And, while we should be proud of our sess and acknowledge these actions. Con- bill will review the treatment by the Nation’s triumph in World War II, we gress has previously reviewed the United U.S. Government of Jewish refugees should not let that justifiable pride States Government’s wartime treatment of who were fleeing Nazi persecution and blind us to the treatment of some Japanese Americans through the Commis- genocide. We must review the facts Americans by their own government. sion on Wartime Relocation and Internment here as well and determine how restric- I was very pleased that the Senate of Civilians. An independent review of the treatment of German Americans and Italian tive immigration policies failed to pro- approved this bill by an overwhelming vide adequate safe harbor to Jewish Americans and of Jewish refugees fleeing bipartisan majority as an amendment persecution and genocide has not yet been refugees fleeing the persecution of Nazi to the immigration bill in 2007. I urge undertaken. Germany. It is a horrible truth that my colleagues to join me in supporting (8) Time is of the essence for the establish- the United States turned away thou- the Wartime Treatment Study Act ment of commissions, because of the increas- sands of refugees, delivering many ref- again this Congress, and to allow this ing danger of destruction and loss of relevant ugees to their deaths at the hands of bill to become law as soon as possible. documents, the advanced age of potential the Nazi regime. I have been seeking to enact this legis- witnesses and, most importantly, the ad- As I mentioned earlier, there has vanced age of those affected by the United lation for eight years. It is long past States Government’s policies. Many who suf- been a measure of justice for Japanese time for a full accounting of this tragic fered have already passed away and will Americans who were denied their lib- chapter in our Nation’s history. never know of this effort. erty and property. It is now time for Mr. President, I ask unanimous con- SEC. 3. DEFINITIONS. the U.S. Government to complete the sent that the text of the bill be printed accounting of this period in our Na- in the RECORD. In this Act: tion’s history. It is now time to create There being no objection, the text of (1) DURING WORLD WAR II.—The term ‘‘dur- independent, fact finding commissions the bill was ordered to be printed in ing World War II’’ refers to the period be- tween September 1, 1939, through December to conduct a full and thorough review the RECORD, as follows: of the treatment of all European Amer- 31, 1948. S. 564 (2) EUROPEAN AMERICANS.— icans, European Latin Americans, and Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—The term ‘‘European Jewish refugees during World War II. resentatives of the United States of America in Americans’’ refers to United States citizens Up to this point, there has been no Congress assembled, and resident aliens of European ancestry, in- justice for the thousands of German cluding Italian Americans, German Ameri- SECTION 1. SHORT TITLE. Americans, Italian Americans, and cans, Hungarian Americans, Romanian This Act may be cited as the ‘‘Wartime Americans, and Bulgarian Americans. other European Americans who were Treatment Study Act’’. branded ‘‘enemy aliens’’ and then (B) GERMAN AMERICANS.—The term ‘‘Ger- SEC. 2. FINDINGS. man Americans’’ refers to United States citi- taken from their homes, subjected to Congress makes the following findings: zens and resident aliens of German ancestry. curfews, limited in their travel, de- (1) During World War II, the United States (C) ITALIAN AMERICANS.—The term ‘‘Italian prived of their personal property, and, Government deemed as ‘‘enemy aliens’’ more Americans’’ refers to United States citizens in the worst cases, placed in intern- than 600,000 Italian-born and 300,000 German- and resident aliens of Italian ancestry. ment camps. born United States resident aliens and their (3) EUROPEAN LATIN AMERICANS.—The term There has been no justice for Latin families, requiring them to carry Certifi- ‘‘European Latin Americans’’ refers to per- Americans of European descent who cates of Identification and limiting their sons of European ancestry, including Ger- were taken from their homes, shipped travel and personal property rights. At that man or Italian ancestry, residing in a Latin time, these groups were the two largest for- American nation during World War II. to the United States, and interned eign-born groups in the United States. (4) LATIN AMERICAN NATION.—The term here. (2) During World War II, the United States ‘‘Latin American nation’’ refers to any na- There has been no justice for the Eu- Government arrested, interned, or otherwise tion in Central America, South America, or ropean Americans and European Latin detained thousands of European Americans, the Caribbean.

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TITLE I—COMMISSION ON WARTIME a list of such companies and the terms and (b) GOVERNMENT INFORMATION AND CO- TREATMENT OF EUROPEAN AMERICANS type of employment), exchange, repatri- OPERATION.—The European American Com- SEC. 101. ESTABLISHMENT OF COMMISSION ON ation, and deportation, and the immediate mission may acquire directly from the head WARTIME TREATMENT OF EURO- and long-term effect of such actions, particu- of any department, agency, independent in- PEAN AMERICANS. larly internment, on the lives of those af- strumentality, or other authority of the ex- (a) IN GENERAL.—There is established the fected. This review shall also include a list ecutive branch of the Government, available Commission on Wartime Treatment of Euro- of— information that the European American pean Americans (referred to in this title as (A) all temporary detention and long-term Commission considers useful in the dis- the ‘‘European American Commission’’). internment facilities in the United States charge of its duties. All departments, agen- (b) MEMBERSHIP.—The European American and Latin American nations that were used cies, and independent instrumentalities, or Commission shall be composed of 7 members, to detain or intern European Americans and other authorities of the executive branch of who shall be appointed not later than 90 days European Latin Americans during World War the Government shall cooperate with the Eu- after the date of enactment of this Act as II (in this paragraph referred to as ‘‘World ropean American Commission and furnish all information requested by the European follows: War II detention facilities’’); American Commission to the extent per- (1) Three members shall be appointed by (B) the names of European Americans and mitted by law, including information col- the President. European Latin Americans who died while in lected under the Commission on Wartime (2) Two members shall be appointed by the World War II detention facilities and where they were buried; and Internment of Civilians Act (Public Law Speaker of the House of Representatives, in 96–317; 50 U.S.C. App. 1981 note) and the War- (C) the names of children of European consultation with the minority leader. time Violation of Italian Americans Civil Americans and European Latin Americans (3) Two members shall be appointed by the Liberties Act (Public Law 106–451; 50 U.S.C. who were born in World War II detention fa- majority leader of the Senate, in consulta- App. 1981 note). For purposes of section cilities and where they were born; and tion with the minority leader. 552a(b)(9) of title 5, United States Code (com- (c) TERMS.—The term of office for members (D) the nations from which European Latin monly known as the ‘‘Privacy Act of 1974’’), shall be for the life of the European Amer- Americans were brought to the United the European American Commission shall be ican Commission. A vacancy in the European States, the ships that transported them to deemed to be a committee of jurisdiction. the United States and their departure and American Commission shall not affect its SEC. 104. ADMINISTRATIVE PROVISIONS. powers, and shall be filled in the same man- disembarkation ports, the locations where The European American Commission is au- ner in which the original appointment was European Americans and European Latin thorized to— made. Americans were exchanged for persons held (1) appoint and fix the compensation of (d) REPRESENTATION.—The European Amer- in European Axis nations, and the ships that such personnel as may be necessary, without ican Commission shall include 2 members transported them to Europe and their depar- regard to the provisions of title 5, United representing the interests of Italian Ameri- ture and disembarkation ports. States Code, governing appointments in the cans and two members representing the in- (2) An assessment of the underlying ration- competitive service, and without regard to terests of German Americans. ale of the decision of the United States Gov- the provisions of chapter 51 and subchapter (e) MEETINGS.—The President shall call the ernment to develop the programs and poli- III of chapter 53 of such title relating to clas- first meeting of the European American cies described in paragraph (1), the informa- sification and General Schedule pay rates, Commission not later than 120 days after the tion the United States Government received except that the compensation of any em- date of enactment of this Act. or acquired suggesting these programs and ployee of the Commission may not exceed a (f) QUORUM.—Four members of the Euro- policies were necessary, the perceived ben- rate equivalent to the rate payable under pean American Commission shall constitute efit of enacting such programs and policies, GS–15 of the General Schedule under section a quorum, but a lesser number may hold and the immediate and long-term impact of 5332 of such title; hearings. such programs and policies on European (2) obtain the services of experts and con- (g) CHAIRMAN.—The European American Americans and European Latin Americans sultants in accordance with the provisions of Commission shall elect a Chairman and Vice and their communities. section 3109 of such title; Chairman from among its members. The (3) A brief review of the participation by (3) obtain the detail of any Federal Govern- term of office of each shall be for the life of European Americans in the United States ment employee, and such detail shall be the European American Commission. Armed Forces, including the participation of without reimbursement or interruption or (h) COMPENSATION.— European Americans whose families were ex- loss of civil service status or privilege; (1) IN GENERAL.—Members of the European cluded, interned, repatriated, or exchanged. (4) enter into agreements with the Admin- American Commission shall serve without (4) A recommendation of appropriate rem- istrator of General Services for procurement pay. edies, including public education programs of necessary financial and administrative (2) REIMBURSEMENT OF EXPENSES.—All and the creation of a comprehensive online services, for which payment shall be made by members of the European American Commis- database by the National Archives and reimbursement from funds of the Commis- sion shall be reimbursed for reasonable trav- Records Administration of documents re- sion in such amounts as may be agreed upon el and subsistence, and other reasonable and lated to the United States Government’s by the Chairman of the Commission and the necessary expenses incurred by them in the wartime treatment of European Americans Administrator; performance of their duties. and European Latin Americans during World (5) procure supplies, services, and property SEC. 102. DUTIES OF THE EUROPEAN AMERICAN War II. by contract in accordance with applicable COMMISSION. (c) FIELD HEARINGS.—The European Amer- laws and regulations and to the extent or in (a) IN GENERAL.—It shall be the duty of the ican Commission shall hold public hearings such amounts as are provided in appropria- European American Commission to review in such cities of the United States as it tion Acts; and the United States Government’s wartime deems appropriate. (6) enter into contracts with Federal or treatment of European Americans and Euro- (d) REPORT.—The European American Com- State agencies, private firms, institutions, pean Latin Americans as provided in sub- mission shall submit a written report of its and agencies for the conduct of research or section (b). findings and recommendations to Congress surveys, the preparation of reports, and (b) SCOPE OF REVIEW.—The European not later than 18 months after the date of other activities necessary to the discharge of American Commission’s review shall include the first meeting called pursuant to section the duties of the Commission, to the extent the following: 101(e). or in such amounts as are provided in appro- (1) A comprehensive review of the facts and SEC. 103. POWERS OF THE EUROPEAN AMERICAN priation Acts. circumstances surrounding United States COMMISSION. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Government action during World War II with (a) IN GENERAL.—The European American There is authorized to be appropriated respect to European Americans and Euro- Commission or, on the authorization of the $600,000 to carry out this title. pean Latin Americans pursuant to United Commission, any subcommittee or member SEC. 106. SUNSET. States laws and directives, including the thereof, may, for the purpose of carrying out The European American Commission shall Alien Enemies Acts (50 U.S.C. 21 et seq.), the provisions of this title, hold such hear- terminate 60 days after it submits its report Presidential Proclamations 2526, 2527, 2655, ings and sit and act at such times and places, to Congress. 2662, and 2685, Executive Orders 9066 and 9095, and request the attendance and testimony of TITLE II—COMMISSION ON WARTIME and any directive of the United States Gov- such witnesses and the production of such TREATMENT OF JEWISH REFUGEES ernment pursuant to these and other perti- books, records, correspondence, memo- SEC. 201. ESTABLISHMENT OF COMMISSION ON nent laws, proclamations, or executive or- randum, papers, and documents as the Com- WARTIME TREATMENT OF JEWISH ders, including registration requirements, mission or such subcommittee or member REFUGEES. travel and property restrictions, establish- may deem advisable. The European Amer- (a) IN GENERAL.—There is established the ment of restricted areas, raids, arrests, in- ican Commission may request the Attorney Commission on Wartime Treatment of Jew- ternment, exclusion, policies relating to the General to invoke the aid of an appropriate ish Refugees (referred to in this title as the families and property that excludees and in- United States district court to require, by ‘‘Jewish Refugee Commission’’). ternees were forced to abandon, internee em- subpoena or otherwise, such attendance, tes- (b) MEMBERSHIP.—The Jewish Refugee ployment by American companies (including timony, or production. Commission shall be composed of 7 members,

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.051 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2973 who shall be appointed not later than 90 days mission, any subcommittee or member TITLE III—FUNDING SOURCE after the date of enactment of this Act as thereof, may, for the purpose of carrying out SEC. 301. FUNDING SOURCE. follows: the provisions of this title, hold such hear- Of the funds made available for the Depart- (1) Three members shall be appointed by ings and sit and act at such times and places, ment of Justice by the Consolidated Secu- the President. and request the attendance and testimony of rity, Disaster Assistance, and Continuing (2) Two members shall be appointed by the such witnesses and the production of such Appropriations Act, 2009 (Public Law 110– Speaker of the House of Representatives, in books, records, correspondence, memo- 329), $1,200,000 is hereby rescinded. consultation with the minority leader. randum, papers, and documents as the Com- (3) Two members shall be appointed by the mission or such subcommittee or member By Mr. DURBIN (for himself, Mr. majority leader of the Senate, in consulta- may deem advisable. The Jewish Refugee COCHRAN, Mr. LEVIN, and Mr. tion with the minority leader. Commission may request the Attorney Gen- DORGAN): (c) TERMS.—The term of office for members eral to invoke the aid of an appropriate S. 565. A bill to amend title XVIII of shall be for the life of the Jewish Refugee United States district court to require, by the Social Security Act to provide con- Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- ugee Commission shall not affect its powers, timony, or production. tinued entitlement to coverage for im- and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- munosuppressive drugs furnished to which the original appointment was made. OPERATION.—The Jewish Refugee Commis- beneficiaries under the Medicare Pro- (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of gram that have received a kidney Commission shall include two members rep- any department, agency, independent instru- transplant and whose entitlement to resenting the interests of Jewish refugees. mentality, or other authority of the execu- coverage would otherwise expire, and (e) MEETINGS.—The President shall call the tive branch of the Government, available in- for other purposes; to the Committee first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- on Finance. sion not later than 120 days after the date of sion considers useful in the discharge of its Mr. DURBIN. March 12 is recognized enactment of this Act. duties. All departments, agencies, and inde- (f) QUORUM.—Four members of the Jewish pendent instrumentalities, or other authori- as World Kidney Day, a day to raise Refugee Commission shall constitute a ties of the executive branch of the Govern- awareness of the major health and soci- quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- etal costs of kidney disease. Today, 26 ings. ugee Commission and furnish all information million American adults have chronic (g) CHAIRMAN.—The Jewish Refugee Com- requested by the Jewish Refugee Commission kidney disease, and 500,000 have irre- mission shall elect a Chairman and Vice to the extent permitted by law. For purposes versible kidney failure, or end-stage Chairman from among its members. The of section 552a(b)(9) of title 5, United States renal disease ESRD. These patients re- term of office of each shall be for the life of Code (commonly known as the ‘‘Privacy Act quire dialysis or a kidney transplant to the Jewish Refugee Commission. of 1974’’), the Jewish Refugee Commission (h) COMPENSATION.— shall be deemed to be a committee of juris- survive. (1) IN GENERAL.—Members of the Jewish diction. Fortunately, medical advancements have transformed organ transplan- Refugee Commission shall serve without pay. SEC. 204. ADMINISTRATIVE PROVISIONS. (2) REIMBURSEMENT OF EXPENSES.—All tation from an experimental procedure The Jewish Refugee Commission is author- members of the Jewish Refugee Commission ized to— into the accepted and often best treat- shall be reimbursed for reasonable travel and (1) appoint and fix the compensation of ment for organ failure. Transplan- subsistence, and other reasonable and nec- such personnel as may be necessary, without tation has prolonged and improved the essary expenses incurred by them in the per- regard to the provisions of title 5, United lives of thousands of Americans. Over formance of their duties. States Code, governing appointments in the 16,000 Americans received a kidney SEC. 202. DUTIES OF THE JEWISH REFUGEE COM- competitive service, and without regard to MISSION. transplant in 2007, and 150,000 today are the provisions of chapter 51 and subchapter living with functioning kidney trans- (a) IN GENERAL.—It shall be the duty of the III of chapter 53 of such title relating to clas- Jewish Refugee Commission to review the plants. sification and General Schedule pay rates, Many of these kidney transplants United States Government’s refusal to allow except that the compensation of any em- Jewish and other refugees fleeing persecu- ployee of the Commission may not exceed a were paid for by the Medicare system, tion or genocide in Europe entry to the rate equivalent to the rate payable under which provides health care to aged and United States as provided in subsection (b). GS–15 of the General Schedule under section disabled Americans, as well as those (b) SCOPE OF REVIEW.—The Jewish Refugee 5332 of such title; living with ESRD. For these ESRD pa- Commission’s review shall cover the period (2) obtain the services of experts and con- tients, Medicare also covers dialysis between January 1, 1933, through December sultants in accordance with the provisions of for patients who have not received a 31, 1945, and shall include, to the greatest ex- section 3109 of such title; tent practicable, the following: donor kidney and immunosuppressive (3) obtain the detail of any Federal Govern- drugs for kidney transplant recipients. (1) A review of the United States Govern- ment employee, and such detail shall be ment’s decision to deny Jewish and other without reimbursement or interruption or Organ transplant recipients must take refugees fleeing persecution or genocide loss of civil service status or privilege; immunosuppressive drugs every day for entry to the United States, including a re- (4) enter into agreements with the Admin- the life of their transplant to reduce view of the underlying rationale of the istrator of General Services for procurement the risk of organ rejection. United States Government’s decision to of necessary financial and administrative In 2000, Congress wisely eliminated refuse the Jewish and other refugees entry, services, for which payment shall be made by the 36-month time limitation for aged the information the United States Govern- reimbursement from funds of the Commis- ment received or acquired suggesting such and disabled beneficiaries who had sion in such amounts as may be agreed upon Medicare status at the time of trans- refusal was necessary, the perceived benefit by the Chairman of the Commission and the of such refusal, and the impact of such re- Administrator; plant. So today, for an older or dis- fusal on the refugees. (5) procure supplies, services, and property abled person on Medicare, immuno- (2) A review of Federal refugee law and pol- by contract in accordance with applicable suppressive drugs are covered by Medi- icy relating to those fleeing persecution or laws and regulations and to the extent or in care for the life of the transplant. genocide, including recommendations for such amounts as are provided in appropria- However, we still have an unfair and making it easier in the future for victims of tion Acts; and unrealistic gap in coverage for people persecution or genocide to obtain refuge in (6) enter into contracts with Federal or with ESRD who are neither disabled the United States. State agencies, private firms, institutions, (c) FIELD HEARINGS.—The Jewish Refugee nor elderly. For those transplant re- and agencies for the conduct of research or cipients, coverage for immuno- Commission shall hold public hearings in surveys, the preparation of reports, and such cities of the United States as it deems other activities necessary to the discharge of suppressive drugs ends 36 months after appropriate. the duties of the Commission, to the extent transplantation. This is economically (d) REPORT.—The Jewish Refugee Commis- or in such amounts as are provided in appro- inefficient and morally wrong. Without sion shall submit a written report of its find- priation Acts. regular access to immunosuppressive ings and recommendations to Congress not drugs to prevent rejection, many pa- later than 18 months after the date of the SEC. 205. AUTHORIZATION OF APPROPRIATIONS. first meeting called pursuant to section There is authorized to be appropriated tients find themselves back in a risky 201(e). $600,000 to carry out this title. and frightening place—in need of a new SEC. 203. POWERS OF THE JEWISH REFUGEE SEC. 206. SUNSET. kidney. COMMISSION. The Jewish Refugee Commission shall ter- Since Medicare covers the cost of the (a) IN GENERAL.—The Jewish Refugee Com- minate 60 days after it submits its report to transplant for end stage renal disease, mission or, on the authorization of the Com- Congress. it makes sense for Medicare to preserve

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It would be far less such drugs (as determined under this part). issuer on the day before the date of enact- expensive for Medicare to cover im- ‘‘(D) If the individual is an inpatient of a ment of the Comprehensive Immuno- munosuppressive drugs at a cost of hospital or other entity, the individual is en- suppressive Drug Coverage for Kidney Trans- titled to receive coverage of such drugs plant Patients Act of 2009, and such require- $10,000 to $20,000 a year than to pay for under this part. ment shall be deemed to be incorporated into dialysis—$71,000 a year—or another ‘‘(2) ESTABLISHMENT OF PROCEDURES IN this section.’’. transplant, $106,000, if a patient’s kid- ORDER TO IMPLEMENT COVERAGE.—The Sec- (2) CONFORMING AMENDMENTS.— ney fails and he is once again eligible retary shall establish procedures for— (A) Section 732(a) of the Employee Retire- for Medicare coverage. ‘‘(A) identifying beneficiaries that are en- ment Income Security Act of 1974 (29 U.S.C. I am pleased to introduce today, titled to coverage of immunosuppressive 1191a(a)) is amended by striking ‘‘section along with my colleague from Mis- drugs by reason of section 226A(b)(2); and 711’’ and inserting ‘‘sections 711 and 715’’. ‘‘(B) distinguishing such beneficiaries from (B) The table of contents in section 1 of the sissippi, Senator THAD COCHRAN, the beneficiaries that are enrolled under this Employee Retirement Income Security Act Comprehensive Immunosuppressive part for the complete package of benefits of 1974 is amended by inserting after the Drug Coverage for Transplant Patients under this part.’’. item relating to section 714 the following Act. This legislation would allow kid- (3) TECHNICAL AMENDMENT.—Subsection (c) new item: ney transplant recipients to continue of section 226A of the Social Security Act (42 ‘‘Sec. 715. Coverage of immunosuppressive Medicare coverage for the purpose of U.S.C. 426–1), as added by section drugs.’’. immunosuppressive drugs only. All 201(a)(3)(D)(ii) of the Social Security Inde- (c) APPLICATION TO GROUP HEALTH PLANS other Medicare coverage would end 36 pendence and Program Improvements Act of UNDER THE INTERNAL REVENUE CODE OF months after the transplant. 1994 (Public Law 103–296; 108 Stat. 1497), is re- 1986.—Subchapter B of chapter 100 of the In- It is time to take this step to provide designated as subsection (d). ternal Revenue Code of 1986 is amended— (b) EXTENSION OF SECONDARY PAYER RE- (1) in the table of sections, by inserting continuous coverage for immuno- QUIREMENTS FOR ESRD BENEFICIARIES.—Sec- suppressive drugs through Medicare. after the item relating to section 9813 the tion 1862(b)(1)(C) of the Social Security Act following new item: This is a logical and moral move that (42 U.S.C. 1395y(b)(1)(C)) is amended by add- ‘‘Sec. 9814. Coverage of immunosuppressive will reduce the need for dialysis and ing at the end the following new sentence: drugs for kidney transplant re- ‘‘With regard to immunosuppressive drugs kidney retransplants and provide reli- cipients.’’; able, sustained access to critically im- furnished on or after the date of enactment and portant, lifesaving medications for of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Pa- (2) by inserting after section 9813 the fol- thousands of Americans. In the long tients Act of 2009, this subparagraph shall be lowing: run, we will save both money and lives. applied without regard to any time limita- ‘‘SEC. 9814. COVERAGE OF IMMUNOSUPPRESSIVE Mr. President, I ask unanimous con- tion.’’. DRUGS FOR KIDNEY TRANSPLANT sent that the text of the bill be printed (c) EFFECTIVE DATE.—The amendments RECIPIENTS. in the RECORD. made by this section shall apply to drugs ‘‘A group health plan shall provide cov- There being no objection, the text of furnished on or after the date of enactment erage of immunosuppressive drugs in connec- of this Act. tion with a kidney transplant that is at least the bill was ordered to be printed in as comprehensive as the coverage provided the RECORD, as follows: SEC. 3. PLANS REQUIRED TO MAINTAIN COV- ERAGE OF IMMUNOSUPPRESSIVE by such plan on the day before the date of S. 565 DRUGS FOR KIDNEY TRANSPLANT enactment of the Comprehensive Immuno- Be it enacted by the Senate and House of Rep- RECIPIENTS. suppressive Drug Coverage for Kidney Trans- resentatives of the United States of America in (a) APPLICATION TO CERTAIN HEALTH INSUR- plant Patients Act of 2009, and such require- Congress assembled, ANCE COVERAGE.— ment shall be deemed to be incorporated into SECTION 1. SHORT TITLE. (1) IN GENERAL.—Subpart 2 of part A of this section.’’. This Act may be cited as the ‘‘Comprehen- title XXVII of the Public Health Service Act (d) EFFECTIVE DATE.—The amendments sive Immunosuppressive Drug Coverage for (42 U.S.C. 300gg–4 et seq.) is amended by add- made by this section shall apply to plan Kidney Transplant Patients Act of 2009’’. ing at the end the following: years beginning on or after January 1, 2010. SEC. 2. PROVISION OF APPROPRIATE COVERAGE ‘‘SEC. 2708. COVERAGE OF IMMUNOSUPPRESSIVE OF IMMUNOSUPPRESSIVE DRUGS DRUGS FOR KIDNEY TRANSPLANT By Mr. DURBIN (for himself, Mr. UNDER THE MEDICARE PROGRAM RECIPIENTS. SCHUMER, and Mr. KENNEDY): FOR KIDNEY TRANSPLANT RECIPI- ‘‘A group health plan (and a health insur- S. 566. A bill to create a Financial ENTS. ance issuer offering health insurance cov- Product Safety Commission, to provide (a) CONTINUED ENTITLEMENT TO IMMUNO- erage in connection with a group health consumers with stronger protections SUPPRESSIVE DRUGS.— plan) shall provide coverage of immuno- and better information in connection (1) KIDNEY TRANSPLANT RECIPIENTS.—Sec- suppressive drugs in connection with a kid- tion 226A(b)(2) of the Social Security Act (42 ney transplant that is at least as comprehen- with consumer financial products, and U.S.C. 426–1(b)(2)) is amended by inserting sive as the coverage provided by such plan or to give providers of consumer financial ‘‘(except for coverage of immunosuppressive issuer on the day before the date of enact- products more regulatory certainty; to drugs under section 1861(s)(2)(J))’’ after ment of the Comprehensive Immuno- the Committee on Banking, Housing, ‘‘shall end’’. suppressive Drug Coverage for Kidney Trans- and Urban Affairs. (2) APPLICATION.—Section 1836 of the Social plant Patients Act of 2009, and such require- Mr. DURBIN. When consumers pur- Security Act (42 U.S.C. 1395o) is amended— ment shall be deemed to be incorporated into chase tangible consumer products such (A) by striking ‘‘Every individual who’’ this section.’’. as toasters or televisions, they can be and inserting ‘‘(a) IN GENERAL.—Every indi- (2) CONFORMING AMENDMENT.—Section reasonably confident that the products vidual who’’; and 2721(b)(2)(A) of the Public Health Service Act (B) by adding at the end the following new (42 U.S.C. 300gg–21(b)(2)(A)) is amended by in- are safe for their families to use. In subsection: serting ‘‘(other than section 2708)’’ after ‘‘re- America we don’t say ‘‘buyer beware’’ ‘‘(b) SPECIAL RULES APPLICABLE TO INDIVID- quirements of such subparts’’. when it comes to lead paint in toys or UALS ELIGIBLE ONLY FOR COVERAGE OF IM- (b) APPLICATION TO GROUP HEALTH PLANS risky drugs. But when Americans pur- MUNOSUPPRESSIVE DRUGS.— AND GROUP HEALTH INSURANCE COVERAGE chase financial products such as mort- ‘‘(1) IN GENERAL.—In the case of an indi- UNDER THE EMPLOYEE RETIREMENT INCOME gages or credit cards, they often have vidual whose eligibility for benefits under SECURITY ACT OF 1974.— little idea whether those products this title has ended except for the coverage (1) IN GENERAL.—Subpart B of part 7 of sub- of immunosuppressive drugs by reason of title B of title I of the Employee Retirement —and the mountain of fine print that section 226A(b)(2), the following rules shall Income Security Act of 1974 (29 U.S.C. 1185 et come with them—are good for their apply: seq.) is amended by adding at the end the fol- families. Why? ‘‘(A) The individual shall be deemed to be lowing new section: The answer is that consumer prod- enrolled under this part for purposes of re- ‘‘SEC. 715. COVERAGE OF IMMUNOSUPPRESSIVE ucts are subject to oversight, while fi- ceiving coverage of such drugs. DRUGS FOR KIDNEY TRANSPLANT nancial products are not. Professor ‘‘(B) The individual shall be responsible for RECIPIENTS. Elizabeth Warren, Chairperson of the the full amount of the premium under sec- ‘‘A group health plan (and a health insur- Congressional Oversight Panel for the tion 1839 in order to receive such coverage. ance issuer offering health insurance cov- ‘‘(C) The provision of such drugs shall be erage in connection with a group health $700 billion Troubled Assets Relief Pro- subject to the application of— plan) shall provide coverage of immuno- gram, was right when she said ‘‘we ‘‘(i) the deductible under section 1833(b); suppressive drugs in connection with a kid- need more oversight.’’ That was more and ney transplant that is at least as comprehen- than a year ago.

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.052 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2975 Today there are no fewer than 10 Sec. 10. Enforcement. or malfeasance in office, but for no other Federal regulators with responsibility Sec. 11. Reports. cause. Sec. 12. Authorization of appropriations. for consumer protections from preda- (b) TERM; VACANCIES.— SEC. 2. FINDINGS. tory or deceptive financial products, (1) IN GENERAL.—Except as provided in Congress finds that— paragraph (2)— but none have oversight as its primary (1) the Nation’s multiagency financial (A) the Commissioners first appointed objective. services regulatory structure has created a under this section shall be appointed for The legislation that I am introducing dispersion of regulatory responsibility, terms ending 3, 4, 5, 6, and 7 years, respec- today with Senators SCHUMER and KEN- which in turn has led to an inadequate focus tively, after the date of enactment of this NEDY would create a Financial Product on protecting consumers from inappropriate Act, the term of each to be designated by the Safety Commission that would focus consumer financial products and practices; President at the time of nomination; and (2) the absence of appropriate oversight has (B) each of their successors shall be ap- exclusively on the interests of con- allowed excessively costly or predatory con- sumers. I am pleased that Congressmen pointed for a term of 5 years from the date sumer financial products and practices to of the expiration of the term for which the BILL DELAHUNT and BRAD MILLER will flourish; and predecessor was appointed. be introducing the House companion. (3) the creation of a regulator whose sole (2) LIMITATIONS.—Any Commissioner ap- The objectives of the Financial Prod- focus is the safety of consumer financial pointed to fill a vacancy occurring prior to uct Safety Commission would be to re- products would help address this lack of con- the expiration of the term for which the duce consumer risk in using financial sumer protection. predecessor thereof was appointed shall be products, coordinate enforcement with SEC. 3. DEFINITIONS. appointed only for the remainder of such For purposes of this Act— term. A Commissioner may continue to serve other Federal and State regulators, (1) the terms ‘‘Commission’’, ‘‘Chair- and report to the public regarding the after the expiration of such term until a suc- person’’, and ‘‘Commissioner’’ mean the Fi- cessor has taken office, except that such state of consumer financial product nancial Product Safety Commission estab- Commissioner may not continue to serve safety. lished under this Act and the Chairperson more than 1 year after the date on which the The Financial Product Safety Com- and any Commissioner thereof, respectively; term of that Commissioner would otherwise mission would fulfill that mission by (2) the term ‘‘consumer financial product’’ expire under this subsection. includes— preventing predatory and deceptive fi- (c) RESTRICTIONS ON OUTSIDE ACTIVITIES.— (A) any extension of credit, deposit ac- (1) POLITICAL AFFILIATION.—Not more than nancial practices, educating consumers count, payment mechanism, or other product 3 Commissioners may be affiliated with the on the responsible use of financial or service within the scope of— same political party. products and services, establishing a (i) the Truth in Savings Act (12 U.S.C. 4301 (2) CONFLICTS OF INTEREST.—No individual regulatory floor beneath which con- et seq.); may serve as a Commissioner if that indi- (ii) the Consumer Credit Protection Act (15 sumer financial product safety could vidual— U.S.C. 1601 et seq.); or not fall, and recommending the steps (A) is in the employ of, holding any official that should be taken to improve the (iii) article 3 (relating to negotiable instru- ments) or article 4 (relating to bank depos- relation to, or married to any person en- value of financial products for con- its) of the Uniform Commercial Code, as in gaged in selling or devising consumer finan- sumers. effect in any State; cial products; The bill is supported by over 55 na- (B) any other extension of credit, deposit (B) owns stock or bonds of substantial tional and State organizations, includ- account, or payment mechanism; and value in a person so engaged; ing Consumer Federation of America, (C) any ancillary product, practice, or (C) is in any other manner pecuniarily in- terested in a person so engaged; or Center for Responsible Lending Leader- transaction; (3) the term ‘‘appropriate committees of (D) engages in any other business, voca- ship Conference on Civil Rights, tion, or employment. NAACP, La Raza, AFL-CIO, SEIU, Na- Congress’’ means the Committee on Bank- ing, Housing, and Urban Affairs and the Sub- (d) VACANCIES; QUORUM; SEAL; VICE CHAIR- tional Consumer Law Center, Con- committee on Financial Services and Gen- PERSON.— sumers Union, Public Citizen, and U.S. eral Government of the Committee on Ap- (1) VACANCIES.—No vacancy on the Com- PIRG. I include a statement of support propriations of the Senate, and the Com- mission shall impair the right of the remain- for the RECORD. mittee on Financial Services and the Sub- ing Commissioners to exercise all the powers As Congress embarks on financial committee on Financial Services and Gen- of the Commission. regulatory reform, our improved regu- eral Government of the Committee on Ap- (2) QUORUM.—Three members of the Com- mission shall constitute a quorum for the latory system must focus not just on propriations of the House of Representatives, and any successor committees, as may be transaction of business, except that— the safety and soundness of the pro- constituted; (A) if there are only 3 members serving on viders of financial products but also on (4) the term ‘‘consumer’’ means any nat- the Commission because of vacancies on the the safety of the consumers of financial ural person and any small business concern, Commission, 2 members of the Commission products. The Financial Product Safe- as defined in section 3 of the Small Business shall constitute a quorum for the trans- ty Commission will do just that. Act (15 U.S.C. 632); and action of business; and Mr. President, I ask unanimous con- (5) the term ‘‘credit’’ has the same mean- (B) if there are only 2 members serving on sent that the text of the bill and sup- ing as in section 103 of the Truth in Lending the Commission because of vacancies on the Act (15 U.S.C. 1602). Commission, 2 members shall constitute a porting material be printed in the SEC. 4. ESTABLISHMENT OF COMMISSION. quorum for the 6-month period (or the 1-year RECORD. (a) ESTABLISHMENT; CHAIRPERSON.— period, if the 2 members are not affiliated There being no objection, the mate- (1) ESTABLISHMENT.—There is established with the same political party) beginning on rial was ordered to be placed in the the ‘‘Financial Product Safety Commission’’ the date of the vacancy which caused the RECORD, as follows: which shall be an independent establish- number of Commissioners to decline to 2. S. 566 ment, as defined in section 104(1) of title 5, (3) SEAL.—The Commission shall have an United States Code. official seal, of which judicial notice shall be Be it enacted by the Senate and House of Rep- (2) MEMBERSHIP.— taken. resentatives of the United States of America in (A) IN GENERAL.—The Commission shall be (4) VICE CHAIRPERSON.—The Commission Congress assembled, comprised of 5 commissioners, appointed by shall annually elect a Vice Chairperson to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the President, by and with the advice and act in the absence or disability of the Chair- (a) SHORT TITLE.—This Act may be cited as consent of the Senate. person or in case of a vacancy in the office of the ‘‘Financial Product Safety Commission (B) CONSIDERATIONS.—In making appoint- the Chairperson. Act of 2009’’. ments to the Commission, the President (e) OFFICES.—The Commission shall main- (b) TABLE OF CONTENTS.—The table of con- shall consider individuals who, by reason of tain a principal office and such field offices tents for this Act is as follows: their background and expertise in areas re- as it determines necessary, and may meet Sec. 1. Short title; table of contents. lated to consumer financial product safety, and exercise any of its powers at any other Sec. 2. Findings. are qualified to serve as members of the place. Sec. 3. Definitions. Commission. (f) FUNCTIONS OF CHAIRPERSON; REQUEST Sec. 4. Establishment of Commission. (3) CHAIRPERSON.—The Chairperson of the FOR APPROPRIATIONS.— Sec. 5. Objectives and responsibilities. Commission shall be appointed by the Presi- (1) DUTIES.—The Chairperson shall be the Sec. 6. Coordination of enforcement. dent, by and with the advice and consent of principal executive officer of the Commis- Sec. 7. Authorities. the Senate, from among the members of the sion, and shall exercise all of the executive Sec. 8. Collaboration with Federal and State Commission. and administrative functions of the Commis- entities. (4) REMOVAL.—Any Commissioner may be sion, including functions of the Commission Sec. 9. Prohibited acts. removed by the President for neglect of duty with respect to—

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(A) the appointment and supervision of they may be provided in a manner that is in- (e) COORDINATION OF RULEMAKING.—Any de- personnel employed by the Commission (and consistent with the objectives specified in partment or agency designated in subsection the Commission shall fix their compensation subsection (a); and (d) that engages in a rulemaking affecting at a level comparable to that for employees (C) establish requirements for such clear consumer financial products shall consult of the Securities and Exchange Commission); and adequate warnings or other information, with the Commission in the promulgation of (B) the distribution of business among per- and the form and manner of delivery of such such rules. sonnel appointed and supervised by the warnings or other information, as may be ap- SEC. 7. AUTHORITIES. Chairperson and among administrative units propriate to advance the objectives specified (a) AUTHORITY TO CONDUCT HEARINGS OR of the Commission; and in subsection (a); OTHER INQUIRIES.— (C) the use and expenditure of funds. (2) establish and maintain a best practices (1) IN GENERAL.—The Commission may, by (2) GOVERNANCE.—In carrying out any of guide for all providers of consumer financial one or more of its members, or by such the functions of the Chairperson under this products; agents or agency as it may designate, con- subsection, the Chairperson shall be gov- (3) conduct such continuing studies and in- duct any hearing or other inquiry necessary erned by general policies of the Commission vestigations of consumer financial products or appropriate to its functions anywhere in and by such regulatory decisions, findings, industry practices as it determines nec- the United States. and determinations as the Commission may, essary; (2) MEMBER PARTICIPATION.—A Commis- by law, be authorized to make. (4) award grants or enter into contracts for sioner who participates in a hearing, or (3) REQUESTS FOR APPROPRIATIONS.—Re- the conduct of such studies and investiga- other inquiry described in paragraph (1), quests or estimates for regular, supple- tions with any person (including a govern- shall not be disqualified solely by reason of mental, or deficiency appropriations on be- mental entity), as necessary to advance the such participation from subsequently par- half of the Commission may not be sub- objectives specified in subsection (a); ticipating in a decision of the Commission in mitted by the Chairperson without the prior (5) following publication of a rule, assist the same matter. approval of a majority vote of the Commis- public and private organizations or groups of (3) NOTICE REQUIRED.—The Commission sion. consumer financial product providers, ad- shall publish notice of any proposed hearing (g) AGENDA AND PRIORITIES; ESTABLISH- ministratively and technically, in the devel- in the Federal Register, and shall afford a MENT AND COMMENTS.—Not later than 30 days opment of safety standards or guidelines reasonable opportunity for interested per- before the beginning of each fiscal year, the that would assist such providers in com- sons to present relevant testimony and data. Commission shall establish an agenda for plying with such rule; (b) COMMISSION POWERS; ORDERS.—The Commission action under its jurisdiction (6) comment on selected rulemakings of Commission shall have the power— and, to the extent feasible, shall establish agencies designated in section 6(d) affecting (1) to require, by special or general orders, priorities for such actions. Before estab- consumer financial products; and any person to submit in writing such reports lishing such agenda and priorities, the Com- (7) establish and operate a consumer finan- and answers to questions as the Commission mission shall conduct a public hearing on cial product customer hotline which con- may prescribe to carry out a specific regu- the agenda and priorities, and shall provide sumers can call to register complaints and latory or enforcement function of the Com- reasonable opportunity for the submission of receive information on how to combat mission, and such submission shall be made comments. anticonsumer products or practices. within such reasonable period and under SEC. 5. OBJECTIVES AND RESPONSIBILITIES. SEC. 6. COORDINATION OF ENFORCEMENT. oath or otherwise as the Commission may (a) OBJECTIVES.—The objectives of the (a) IN GENERAL.—Notwithstanding any con- determine, and such order shall contain a Commission are— current or similar authority of any other complete statement of the reasons that the (1) to minimize unreasonable consumer agency, the Commission shall enforce the re- Commission requires the report or answers risk associated with buying and using con- quirements of this Act. specified in the order to carry out a specific sumer financial products; (b) RULE OF CONSTRUCTION.—The authority regulatory or enforcement function of the (2) to prevent and eliminate practices that granted to the Commission to make and en- Commission; lead consumers to incur unreasonable, inap- force rules under this Act shall not be con- (2) to administer oaths; propriate, or excessive debt, or make it dif- strued to impair the authority of any other (3) to require by subpoena the attendance ficult for consumers to repay existing debt, Federal department or agency to make and and testimony of witnesses and the produc- including practices or product features that enforce rules under any other provision of tion of all documentary evidence relating to are abusive, fraudulent, unfair, deceptive, law, provided that any portion of any rule the execution of its duties; predatory, anticompetitive, or otherwise in- promulgated by any other such department (4) in any proceeding or investigation to consistent with consumer protection; or agency that conflicts with a rule promul- order testimony to be taken by deposition (3) to promote practices that assist and en- gated by the Commission and that is less before any person who is designated by the courage consumers to use credit and con- protective of consumers than the rule pro- Commission and has the power to administer sumer financial products responsibly, avoid mulgated by the Commission shall be super- oaths and, in such instances, to compel testi- excessive debt, and avoid unnecessary or ex- seded by the rule promulgated by the Com- mony and the production of evidence in the cessive charges derived from or associated mission, to the extent of the conflict. Any same manner as authorized under paragraph with consumer financial products; portion of any rule promulgated by any (3); (4) to ensure that providers of consumer fi- other such department or agency that is not (5) to pay witnesses the same fees and nancial products provide credit based on the superseded by a rule promulgated by the mileage costs as are paid in like cir- ability of the consumer to repay the debt in- Commission shall remain in force without cumstances in the courts of the United curred; regard to this Act. States; (5) to ensure that consumer credit history (c) AGENCY AUTHORITY.—Any department (6) to accept voluntary and uncompensated is maintained, reported, and used fairly and or agency designated in subsection (d) may services relevant to the performance of the accurately; exercise, for the purpose of enforcing compli- duties of the Commission, notwithstanding (6) to maintain strong privacy protections ance with any requirement imposed under the provisions of section 1342 of title 31, for consumer transactions, credit history, this Act, any authority conferred on such de- United States Code, and to accept voluntary and other personal information associated partment or agency by any other Act. and uncompensated services (but not gifts) with the use of consumer financial products; (d) DESIGNATED DEPARTMENTS AND AGEN- relevant to the performance of the duties of (7) to collect, investigate, resolve, and in- CIES.—The departments and agencies des- the Commission provided that any such serv- form the public about consumer complaints ignated in this subsection are— ices shall not be from parties that have or regarding consumer financial products; (1) the Board of Governors of the Federal are likely to have business before the Com- (8) to ensure a fair resolution of consumer Reserve System; mission; disputes regarding consumer financial prod- (2) the Federal Deposit Insurance Corpora- (7) to— ucts; and tion; (A) issue an order requiring compliance (9) to take such other steps as are reason- (3) the Office of the Comptroller of the Cur- with applicable legal requirements; able to protect users of consumer financial rency; (B) issue a civil penalty order in accord- products. (4) the Office of Thrift Supervision; ance with section 10(b); (b) RESPONSIBILITIES.—The Commission (5) the National Credit Union Administra- (C) initiate, prosecute, defend, intervene shall— tion; in, or appeal (other than to the Supreme (1) promulgate consumer financial product (6) the Federal Housing Finance Authority; Court of the United States), through its own safety rules that— (7) the Federal Housing Administration; legal representative and in the name of the (A) ban abusive, fraudulent, unfair, decep- (8) the Department of Housing and Urban Commission, any civil action, if the Commis- tive, predatory, anticompetitive, or other- Development; sion makes a written request to the Attor- wise anticonsumer practices, products, or (9) the Federal Home Loan Bank Board; ney General of the United States for rep- product features; (10) the Federal Trade Commission; and resentation in such civil action and the At- (B) place reasonable restrictions on con- (11) any successor to the agencies, referred torney General does not, within the 45-day sumer financial products, practices, or prod- to in paragraphs (1) through (10), as may be period beginning on the date on which such uct features to reduce the likelihood that constituted. request was made, notify the Commission in

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writing that the Attorney General will rep- rule, if the protection afforded by such State (2) PUBLICATION OF SCHEDULE OF PEN- resent the Commission in such civil action; law to any consumer is greater than the pro- ALTIES.—Not later than December 1, 2009, and tection provided by the consumer financial and December 1 of each fifth year thereafter, (D) whenever the Commission obtains evi- product safety rule or this Act. Nothing in the Commission shall prescribe and publish dence that any person has engaged in con- this Act or any rule promulgated under this in the Federal Register a schedule of the duct that may constitute a violation of Fed- Act precludes any remedy under State law to maximum authorized civil penalty that shall eral criminal law, including a violation of or on behalf of a consumer. apply for any violation of section 9 that oc- section 9, transmit such evidence to the At- (b) PROGRAMS TO PROMOTE FEDERAL-STATE curs on or after January 1 of the year imme- torney General of the United States; and COOPERATION.— diately following the date of such publica- (8) to delegate any of its functions or pow- (1) IN GENERAL.—The Commission shall es- tion. ers, other than the power to issue subpoenas tablish a program to promote cooperation (3) RELEVANT FACTORS IN DETERMINING under paragraph (3), to any officer or em- between the Federal Government and State AMOUNT OF PENALTY.—In determining the ployee of the Commission. governments for purposes of carrying out amount of any civil penalty in an action for (c) NONCOMPLIANCE WITH SUBPOENA OR this Act. a violation of section 9, the Commission— COMMISSION ORDER.—If a person refuses to (2) AUTHORITIES.—In implementing the pro- (A) shall consider— obey a subpoena or order of the Commission gram under paragraph (1), the Commission (i) the nature of the consumer financial issued under subsection (b), the Commission may— product; (subject to subsection (b)(7)) or the Attorney (A) accept from any State or local author- (ii) the severity of the unreasonable risk to General of the United States may bring an ity engaged in activities relating to con- the consumer; action in the United States district court for sumer protection assistance in such func- (iii) the number of products or services the district and division in which the inquiry tions as data collection, investigation, and sold or distributed; is carried out or any other appropriate educational programs, as well as other as- (iv) the occurrence or absence of consumer United States district court seeking an order sistance in the administration and enforce- injury; and requiring compliance with the subpoena or ment of this Act which such States or local (v) the appropriateness of such penalty in order. governments may be able and willing to pro- relation to the size of the business of the per- (d) DISCLOSURE OF INFORMATION.—No per- vide and, if so agreed, may pay in advance or son charged; and son shall be subject to civil liability to any otherwise for the reasonable cost of such as- (B) shall ensure that penalties in each case person (other than the Commission or the sistance; and are sufficient to induce compliance by all United States) for disclosing information to (B) commission any qualified officer or em- regulated entities. the Commission. ployee of any State or local government (4) COMPROMISE OF PENALTY; DEDUCTIONS (e) CUSTOMER AND REVENUE DATA.—The agency as an officer of the Commission for FROM PENALTY.— Commission may, by rule, require any pro- the purpose of conducting investigations. (A) IN GENERAL.—Any civil penalty under vider of consumer financial products to pro- (c) COOPERATION OF FEDERAL DEPARTMENTS this section may be compromised by the vide to the Commission such customer and AND AGENCIES.—The Commission may obtain Commission. revenue data as may be required to carry out from any Federal department or agency such (B) CONSIDERATIONS.—In determining the this Act. statistics, data, program reports, and other amount of such penalty or whether it should (f) PURCHASE OF CONSUMER FINANCIAL materials as it may determine necessary to be remitted or mitigated and in what PRODUCTS BY COMMISSION.—For purposes of carry out its functions under this Act. Each amount, the Commission— carrying out this Act, the Commission may such department or agency shall cooperate (i) shall consider— purchase any consumer financial product with the Commission and, to the extent per- (I) the nature of the consumer financial and it may require any provider of consumer mitted by law, furnish such materials to the product; financial products to sell the product to the Commission. The Commission and the heads (II) the severity of the unreasonable risk to Commission at cost. of other departments and agencies engaged the consumer; (g) CONTRACT AUTHORITY.—The Commis- in administering programs relating to con- (III) the number of offending products or sion is authorized to enter into contracts sumer financial product safety shall, to the services sold; with governmental entities, private organi- maximum extent practicable, cooperate and (IV) the occurrence or absence of consumer zations, or individuals for the conduct of ac- consult in order to ensure fully coordinated injury; and tivities authorized by this Act. efforts. (V) the appropriateness of such penalty to (h) BUDGET ESTIMATES AND REQUESTS; LEG- the size of the business of the person SEC. 9. PROHIBITED ACTS. ISLATIVE RECOMMENDATIONS; TESTIMONY; charged; and It shall be unlawful for any person— COMMENTS ON LEGISLATION.— (ii) shall ensure that compromise penalties (1) to advertise, offer, or attempt to en- (1) BUDGET COPIES TO CONGRESS.—Whenever remain sufficient to induce compliance by force any agreement, term, change in term, the Commission submits any budget esti- all regulated entities. fee, or charge in connection with any con- mate or request to the President or the Of- (C) AMOUNT.—The amount of a penalty sumer financial product, or engage in any fice of Management and Budget, it shall con- compromised under this paragraph, when fi- practice, that is not in conformity with this currently transmit a copy of that estimate nally determined, or the amount agreed on Act or an applicable consumer financial or request to the appropriate committees of compromise, may be deducted from any product safety rule under this Act; or Congress. sums owing by the United States to the per- (2) to fail or refuse to permit access to or (2) LEGISLATIVE RECOMMENDATION.—When- son charged. ever the Commission submits any legislative copying of records, or fail or refuse to estab- (c) COLLECTION AND USE OF PENALTIES.— recommendations, testimony, or comments lish or maintain records, or fail or refuse to (1) ESTABLISHMENT OF FUND.—There is es- on legislation to the President or the Office make reports or provide information to the tablished within the Treasury of the United of Management and Budget, it shall concur- Commission, as required under this Act or States a fund, into which shall be deposited rently transmit a copy thereof to the appro- any rule under this Act. all criminal and civil penalties collected priate committees of Congress. No officer or SEC. 10. ENFORCEMENT. under this section. agency of the United States shall have any (a) CRIMINAL PENALTIES.— (2) USE OF FUND.—The fund established authority to require the Commission to sub- (1) KNOWING AND WILLFUL VIOLATIONS.—Any under this subsection shall be used to defray mit its legislative recommendations, testi- person who knowingly and willfully violates the costs of the operations of the Commis- mony, or comments on legislation, to any of- section 9 shall be fined not more than sion or, where appropriate, provide restitu- ficer or agency of the United States for ap- $500,000, imprisoned not more than 1 year, or tion to harmed consumers. proval, comments, or review, prior to the both for each such violation. (d) PRIVATE ENFORCEMENT.— submission of such recommendations, testi- (2) EXECUTIVES AND AGENTS.—Any indi- (1) IN GENERAL.—A person may bring a civil mony, or comments to the appropriate com- vidual director, officer, or agent of a busi- action for a violation of section 9 for equi- mittees of Congress. ness entity who knowingly and willfully au- table relief and other charges and costs in an SEC. 8. COLLABORATION WITH FEDERAL AND thorizes, orders, or performs any of the acts amount equal to the sum of— STATE ENTITIES. or practices constituting in whole or in part (A) any actual damages sustained by such (a) PREEMPTION.—Nothing in this Act or a violation of section 9 shall be subject to person as a result of such violation, if actual any rule promulgated under this Act may be penalties under this section, without regard damages resulted; construed to annul, alter, affect, or exempt to any penalties to which that person may be (B) twice the amount of any finance charge any person from complying with the laws of otherwise subject. in connection with the transaction, except any State, except to the extent that those (b) CIVIL PENALTIES.— that such liability shall not be less than laws are inconsistent with a consumer finan- (1) IN GENERAL.—Any person who violates $1,000, such minimum to be adjusted on an cial product safety rule promulgated by the section 9 shall be subject to a civil penalty in annual basis by the Commission based upon Commission, and then only to the extent of an amount established under paragraph (2). the consumer price index; and the inconsistency. For purposes of this sec- A violation of section 9 shall constitute a (C) reasonable attorney fees and costs. tion, a State law is not inconsistent with separate civil offense with respect to each (e) JURISDICTION.— this Act or a consumer financial product consumer financial product transaction in- (1) IN GENERAL.—Any action under this Act safety rule, or the purposes of the Act or volved. may be brought in any appropriate United

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States district court, or in any other court of (b) REPORT TO THE PRESIDENT AND CON- that would ensure the fairness, safety and competent jurisdiction, not later than 2 GRESS.— sustainability of credit and payment prod- years after the date of the discovery of the (1) IN GENERAL.—The Commission shall ucts. It is now widely accepted that the cur- violation. prepare and submit to the President and the rent international economic crisis was trig- (2) RULES OF CONSTRUCTION.—This section appropriate committees of Congress, at the gered by the failure of federal regulators to does not bar a person from asserting a viola- beginning of each regular session of Con- stop abusive lending, particularly in the tion of this Act in an action to collect a gress, a comprehensive report on the admin- housing sector. By creating a separate agen- debt, or if foreclosure has been initiated, as istration of this Act for the preceding fiscal cy focused exclusively on credit safety, your a matter of defense by recoupment or set-off. year. legislation will not only better protect con- An action under this Act shall not be the (2) REPORT CONTENT.—The reports required sumers, but the entire economy. basis for removal of an action to a United by this subsection shall include— Under this legislation, the FPSC would be States district court. Neither this section (A) a thorough appraisal, including statis- empowered to ensure that credit and pay- nor any other section of this Act preempts or tical analyses, estimates, and long-term pro- ment products do not have predatory or de- otherwise displaces claims and remedies jections, of the incidence and effects of prac- ceptive features that can harm consumers or available under State law, except as other- tices associated with the provision of con- lock them into unaffordable loans, such as wise specifically provided in this Act. sumer financial products that are incon- pre-payment penalties, unjustified fees, or (f) STATE ACTIONS FOR VIOLATIONS.— sistent with the objectives specified in sec- hair-trigger interest rate increases. The (1) AUTHORITY OF STATES.—In addition to tion 5(a), with a breakdown, insofar as prac- agency would also conduct ongoing research such other remedies as are provided under ticable, among the various sources of injury, and investigation into credit industry prod- State law, if the chief law enforcement offi- as the Commission finds appropriate; ucts and services. In addition, it would pro- cer of a State, or an official or agency des- (B) a list of consumer financial product vide consumers with high-quality informa- ignated by a State, has reason to believe safety rules prescribed or in effect during tion about how to avoid abusive lending or that any person has violated or is violating such year; credit problems. This approach offers two section 9, the State— (C) an evaluation of the degree of observ- crucial improvements over the current splin- (A) may bring an action to enjoin such vio- ance of consumer financial product safety tered, ineffectual regulatory system: lation in any appropriate United States dis- rules, including a list of enforcement ac- A FPSC would put consumer protection trict court or in any other court of com- tions, court decisions, and compromises of first. Federal regulatory agencies have often petent jurisdiction; civil penalties, by location and company treated consumer protection as less impor- (B) may bring an action on behalf of the name; tant than or even in conflict with their mis- residents of the State to recover— (D) a summary of outstanding problems sion to ensure the safety and soundness of fi- (i) damages for which the person is liable confronting the administration of this Act in nancial institutions. In addition, the inde- to such residents under subsection (d) as a order of priority; pendence of regulators like the Office of the result of the violation; and (E) an analysis and evaluation of public Comptroller of the Currency and Office of (ii) civil penalties, as established under and private consumer financial product safe- Thrift Supervision has been threatened be- subsection (b); and ty research activities; cause they are directly and almost entirely (C) in the case of any successful action (F) a list, with a brief statement of the funded by the institutions they oversee. As a under subparagraph (A) or (B), shall be issues, of completed or pending judicial ac- result, federal agencies dithered for years in awarded the costs of the action and reason- tions under this Act; implementing regulations to stop unfair and able attorney fees, as determined by the (G) the extent to which technical informa- deceptive mortgage and credit card lending court. tion was disseminated to the research and practices, finally producing only after the (2) RIGHTS OF FEDERAL REGULATORS.— consumer communities and consumer infor- current foreclosure and consumer debt crisis (A) NOTICE OF STATE ACTION.—A State shall mation was made available to the public; took hold. Regulators have left other types serve prior written notice of any action (H) the extent of cooperation between of dangerous products completely untouched, under paragraph (1) upon the Commission Commission officials, representatives of the such as high-cost ‘‘overdraft’’ loans that are and provide the Commission with a copy of consumer financial products industry, and triggered without consumer permission. The its complaint, except in any case in which other interested parties in the implementa- FPSC would be required to make consumer such prior notice is not feasible, in which tion of this Act, including a log or summary protection its top priority, which will also case the State shall serve such notice imme- of meetings held between Commission offi- better ensure the soundness of financial in- diately upon instituting such action. cials and representatives of industry and stitutions. A FPSC would stop regulatory agencies (B) COMMISSION AUTHORIZATION.—Upon no- other interested parties; from competing among themselves to lower tice of an action under subparagraph (A), the (I) an appraisal of significant actions of standards. Right now, financial institutions Commission shall have the right— State and local governments relating to the freely switch charters between federal and (i) to intervene in the action; responsibilities of the Commission; state regulation, and between various federal (ii) upon so intervening, to be heard on all (J) such recommendations for additional charters, in order to reduce the level of over- matters arising therein; legislation as the Commission deems nec- sight and the costs associated with it. Under (iii) to remove the action to the appro- essary to carry out the purposes of this Act; a FPSC, regulated institutions could not priate United States district court; and and choose the agency that regulates them. The (iv) to file petitions for appeal. (K) the extent of cooperation with, and the FPSC would be empowered to establish fed- (3) INVESTIGATORY POWERS.—For purposes joint efforts undertaken by, the Commission eral minimum standards for all credit prod- of bringing any action under this subsection, in conjunction with other regulators with ucts and the institutions that offer them, so nothing in this subsection or in any other whom the Commission shares responsibil- that competition between state and federal provision of Federal law shall prevent the ities for consumer financial product safety. regulators would only exist to improve the chief law enforcement officer of a State, or SEC. 12. AUTHORIZATION OF APPROPRIATIONS. quality of consumer protection. an official or agency designated by a State, There are authorized to be appropriated to Unless the structure of financial services from exercising the powers conferred on the the Commission for purposes of carrying out regulation is realigned to change not just chief law enforcement officer or such official this Act such sums as may be necessary. the focus of regulation but its underlying by the laws of such State to conduct inves- philosophy, it is unlikely that consumers tigations or to administer oaths or affirma- 56 DIVERSE NATIONAL, STATE ORGANIZATIONS will be adequately protected from unfair or tions or to compel the attendance of wit- SUPPORT FINANCIAL PRODUCT SAFETY COM- dangerous credit products in the future. The nesses or the production of documentary and MISSION ultimate result of this crucial legislation other evidence. Hon. RICHARD J. DURBIN would be an agency designed to protect con- (4) LIMITATION ON STATE ACTION WHILE FED- Majority Whip, U.S. Senate sumers from the corrosive effects of unsafe ERAL ACTION PENDING.—If the Commission Washington, DC. credit, which has a regulatory perspective has instituted a civil action or an adminis- Hon. WILLIAM DELAHUNT that is truly independent of the institutions trative action for a violation of section 9, a House of Representatives it regulates. Just as importantly, this agen- State may not, during the pendency of such Washington, DC. cy would not be under constant pressure to action, bring an action under this section Hon. CHARLES SCHUMER keep protection standards low. You have cre- against any defendant named in the com- U.S. Senate ated a template for regulatory moderniza- plaint of the Commission for any violation of Washington, DC. tion that will protect consumers, financial section 9 that is alleged in that complaint. Hon. BRAD MILLER institutions and the economy for years to SEC. 11. REPORTS. House of Representatives come. (a) REPORTS TO THE PUBLIC.—The Commis- Washington, DC. We applaud your leadership on this issue sion shall determine what reports should be DEAR SENATORS DURBIN AND SCHUMER AND and look forward to working with you to produced and distributed to the public on a REPRESENTATIVES DELAHUNT AND MILLER: enact this proposal. recurring and ad hoc basis, and shall prepare The undersigned organizations strongly sup- Sincerely, and publish such reports on a website that port your legislation to create a federal Fi- Gregory L. Jefferson, Sr., Legislative Rep- provides free access to the general public. nancial Product Safety Commission (FPSC) resentative, American Federation of Labor

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.059 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2979 and Congress of Industrial Organizations Paul Schlaver, Chair, Massachusetts Con- tons of heroin and 10,000 metric tons of mari- (AFL–CIO). sumers’ Coalition juana each year; Jim Campen, Executive Director, Ameri- Paheadra B. Robinson, Staff Attorney, Whereas, in confrontations with the Gov- cans for Fairness in Lending. Mississippi Center for Justice ernment of Mexico and with each other, the Linda Sherry, Director, National Prior- Mike Cherry, President/CEO, Consumer drug trafficking organizations have adopted ities, Consumer Action. Credit Counseling of Springfield, Missouri, tactics intended to intimidate the public at Mike Calhoun, President, Center for Re- Inc. large, corrupt law enforcement officials, and sponsible Lending. Dan L. Wulz, Deputy Executive Director, create a perception of increased violence Travis Plunkett, Legislative Director, Con- Legal Aid Center of Southern Nevada, Inc. among the people of Mexico; sumer Federation of America. Peter Skillern, Executive Director, Com- Whereas, in 2008, approximately 6,200 peo- Rosemary Shahan, President, Consumers munity Reinvestment Association of North ple in Mexico died as the result of violence for Auto Reliability and Safety. Carolina related to drug trafficking, more than twice Pamela Banks, Policy Counsel, Consumers Al Ripley, Counsel for Consumer and Hous- as many as in 2007; Union. ing Affairs, NC Justice Center Whereas drug-related killings continued in Tamara Draut, Vice President of Policy & Jim McCarthy, President/CEO, Miami Val- Mexico during 2009, and on February 9, 2009, Programs, Demos. ley Fair Housing Center, Inc., Ohio a total of 35 people were killed in drug-re- Alan Reuther, Legislative Director, Inter- Sue Berkowitz, Director, South Carolina lated violence in Mexico; national Union, United Automobile, Aero- Appleseed Legal Justice Center Whereas drug trafficking organizations in space & Agricultural Implement Workers of Corky Neale, Director of Research, Mem- Mexico have brazenly targeted and executed America (UAW). phis Responsible Lending Collaborative, Ten- many high-ranking public officials in Mex- Wade Henderson, President & CEO, Leader- nessee ico; ship Conference on Civil Rights. Don E. Baylor, Jr., Senior Policy Analyst— Whereas more than 800 police officers and Hilary O. Shelton, Vice President for Advo- Economic Opportunity, Center for Public soldiers in Mexico have been killed in the cacy/Director, NAACP Washington Bureau. Policy Priorities, Texas line of duty since late 2006; Ricardo C. Byrd, Executive Director, Na- Alex R. Gulotta, Executive Director, Legal Whereas efforts by the Government of Mex- tional Association of Neighborhoods. Aid Justice Center, Virginia ico and the United States Government to John Taylor, President and CEO, National Michael H. Lane and Ward R Scull, Co- combat drug trafficking organizations and Community Reinvestment Coalition. Founders, Virginians Against Payday Loans power struggles between the drug trafficking Lauren Saunders, Managing Attorney, Na- Irene E. Leech, President, Virginia Citi- organizations themselves have resulted in tional Consumer Law Center. zens Consumer Council growing violence along the 2000-mile border Sally Greenberg, Executive Director, Na- Janice ‘‘Jay’’ Johnson, Chairperson, Vir- between the United States and Mexico; tional Consumers League. Whereas drug-related violence affects cit- Janis Bowdler, Associate Director, Wealth- ginia Organizing Project James W. (Jay) Speer, Executive Director, ies and towns on both sides of the border, as Building Policy Project, National Council of drug trafficking organizations from Mexico La Raza. Virginia Poverty Law Center Bruce D. Neas, Legislative Coordinator, form partnerships with criminal organiza- Shanna L. Smith, President and CEO, Na- tions based in the United States; Columbia Legal Services on behalf of clients, tional Fair Housing Alliance. Whereas law enforcement authorities in Washington David Arkush, Director, Public Citizen’s the United States have reported an increase Catherine M. Doyle, Chief Staff Attorney, Congress Watch. in the number of killings, kidnappings, and Legal Aid Society of Milwaukee, Inc., Mil- Alison Reardon, Director of Legislation, home invasions linked to Mexican drug traf- waukee, Wisconsin Service Employees International Union. ficking organizations in a number of cities in Ed Mierzwinski, Consumer Programs Di- f the United States, some of which are thou- rector, U.S. PIRG. sands of miles from the Mexican border; STATE ORGANIZATIONS SUBMITTED RESOLUTIONS Whereas a 2008 report by the Department Kimble Forrister, Statewide Coordinator, of Justice indicated that Mexican drug traf- Alabama Arise ficking organizations now operate in 195 cit- Leslie Kyman Cooper, Executive Director, SENATE RESOLUTION 72—EX- ies in the United States; Phyllis Rowe, President Emeritus, Arizona PRESSING THE SENSE OF THE Whereas the 2008 National Drug Threat As- Consumers Council SENATE REGARDING DRUG sessment by the Department of Justice iden- Diane E. Brown, Executive Director, Ari- TRAFFICKING IN MEXICO tified drug organizations from Mexico as the zona PIRG greatest criminal threat to the United Albert Sterman, Secretary/Treasurer, Mr. MENENDEZ (for himself, Mr. States; Democratic Processes Center, Arizona KERRY, Mr. DODD, and Mr. LUGAR) sub- Whereas the Government of Mexico is H. C. ‘‘Hank’’ Klein, Founder, Arkansans mitted the following resolution; which strengthening the institutions of a demo- Against Abusive Payday Lending was referred to the Committee on For- cratic state that adheres to the rule of law, Alan Fisher, Executive Director, California eign Relations: supports a free press, and is committed to Reinvestment Coalition human rights; S. RES. 72 Jim Bliesner, Director, San Diego City/ Whereas the inauguration of President County Reinvestment Task Force, California Whereas Mexico is 3 times the size of the Felipe Caldero´ n in December 2006 rep- Lynn Drysdale, Managing Attorney, Con- State of Texas and has a population of ap- resented another step forward in the process sumer Law Unit, Jacksonville Area Legal proximately 110,000,000 people; of strengthening institutions in Mexico; Aid, Inc., Florida Whereas Mexico has the 12th largest econ- Whereas President Caldero´ n has made de- Bill Newton, Executive Director, Florida omy in the world, with an annual gross do- feating drug trafficking organizations a top Consumer Action Network mestic product of just under $1,000,000,000,000; priority of his administration, increasing the Brad Ashwell, Consumer & Public Health Whereas Mexico is the 8th largest exporter security budget of Mexico from $2,000,000,000 Advocate, Florida Public Interest Research of crude oil in the world and provides ap- in 2006 to $4,000,000,000 in 2008 and deploying Group proximately 1⁄3 of the oil imported by the nearly 36,000 federal troops to carry out anti- Dan McCurry, Coordinator, Chicago Con- United States; drug operations; sumer Coalition, Illinois Whereas Mexico is the 2nd largest buyer of Whereas the Government of Mexico has un- Lynda DeLaforgue and William McNary, exports from the United States; dertaken reforms that, together with signifi- Co-Executive Directors, Citizen Action/Illi- Whereas Mexico has the largest Spanish- cant changes to the code of criminal proce- nois speaking population of any country in the dure and the penal code, could transform the Brian C. White, Executive Director, Lake- world; justice system in Mexico to be more open side Community Development Corporation, Whereas there is a tragically consistent de- and transparent, protect human rights, and Illinois mand for heroin, marijuana, devote resources to investigating and pros- Rose Mary Meyer, Director, Project methamphetamines, and cocaine from drug ecuting crimes; IRENE, Illinois users in the United States; Whereas President Caldero´ n has taken sig- Larry M. McGuire, Field Missionary Coor- Whereas the Government of Mexico is nificant steps to crack down on corruption dinator, Community of Christ and Inter-Reli- locked in an extremely violent struggle within the police forces and other govern- gious Council of Linn County, Iowa against drug trafficking organizations that ment institutions of Mexico; Jason Selmon, Executive Director, Sun- produce and transport narcotics; Whereas officers of the Government of flower Community Action, Kansas Whereas the drug trafficking organizations Mexico have succeeded in seizing record Richard Seckel, Director, Kentucky Equal in Mexico are well organized, heavily armed, quantities of narcotics from drug trafficking Justice Center and wealthy criminal enterprises, with esti- organizations; Charles Shafer, President, Maryland Con- mated criminal earnings of more than Whereas law enforcement officials in Mex- sumer Rights Coalition $25,000,000,000 every year; ico are cooperating with law enforcement Debra Gardner, Legal Director, Public Jus- Whereas it is estimated that Mexican drug agencies in the United States at unprece- tice Center, Maryland trafficking organizations produce 8 metric dented levels, with Mexico extraditing 83

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.064 S10MRPT1 smartinez on PROD1PC64 with SENATE S2980 CONGRESSIONAL RECORD — SENATE March 10, 2009 major drug traffickers to stand trial in the (7) the Senate applauds and fully supports (2) to employ personnel; and United States in 2007, and another 93 major efforts by President Felipe Caldero´ n, the (3) with the prior consent of the Govern- drug traffickers in 2008; people of Mexico, and the Government of ment department or agency concerned and Whereas the police and army units of Mex- Mexico to confront the drug trafficking or- the Committee on Rules and Administration, ico are often outgunned by members of the ganizations, apprehend their members, and to use on a reimbursable, or nonreimburs- drug trafficking organizations, who employ bring them to justice; able, basis the services of personnel of any heavy machine guns, high-powered assault (8) the Department of State should— such department or agency. weapons such as the AK-47, 0.50 caliber snip- (A) ensure prompt delivery of the equip- (b) EXPENSES FOR PERIOD ENDING SEP- er rifles, military hand grenades, rocket-pro- ment, technical assistance, and training for TEMBER 30, 2009.—The expenses of the com- pelled grenade launchers, and sophisticated which Congress appropriated funds in fiscal mittee for the period March 1, 2009, through technology like night vision goggles and year 2008 as part of the Merida Initiative; September 30, 2009, under this section shall communication interception devices; (B) continue to support the Government of not exceed $2,735,622, of which amount— Whereas a large majority of the weapons Mexico in its efforts to strengthen institu- (1) not to exceed $200,000, may be expended and ammunition used by the drug trafficking tions and the rule of law, root out corrup- for the procurement of the services of indi- organizations come from sources in the tion, and protect human rights; and vidual consultants, or organizations thereof United States, particularly gun dealers and (C) ensure full accountability for all assist- (as authorized by section 202(i) of the Legis- gun shows in Texas, Arizona, and California; ance and equipment provided by the United lative Reorganization Act of 1946 (2 U.S.C. Whereas approximately 90 percent of all States Government to the Government of 72a(i))); and firearms recovered at crime scenes in Mexico Mexico; and (2) not to exceed $40,000, may be expended are illicitly trafficked across the border from (9) the United States Government should for the training of the professional staff of the United States to Mexico; employ its broad diplomatic and law enforce- such committee (under procedures specified Whereas the people of Mexico and the mili- ment resources, in partnership with the Gov- by section 202(j) of that Act). tary and civilian officials of the Government ernment of Mexico and governments (c) EXPENSES FOR FISCAL YEAR 2010 PE- of Mexico have demonstrated tremendous throughout the Americas, to defeat drug-re- RIOD.—The expenses of the committee for the courage in confronting the drug trafficking lated criminal enterprises. period October 1, 2009, through September 30, organizations; f 2010, under this section shall not exceed Whereas the United States Government, $4,809,496, of which amount— along with law enforcement agencies in the SENATE RESOLUTION 73—AUTHOR- (1) not to exceed $200,000, may be expended United States and Mexico, has escalated its IZING EXPENDITURES BY COM- for the procurement of the services of indi- efforts to disrupt the trafficking of nar- MITTEES OF THE SENATE FOR vidual consultants, or organizations thereof cotics, money, people, and arms across the THE PERIODS MARCH 1, 2009, (as authorized by section 202(i) of the Legis- border and to combat drug trafficking orga- THROUGH SEPTEMBER 30, 2009, lative Reorganization Act of 1946 (2 U.S.C. nizations; AND OCTOBER 1, 2009, THROUGH 72a(i))); and Whereas the United States Government (2) not to exceed $40,000, may be expended can and should do more to reduce the de- SEPTEMBER 30, 2010, AND OCTO- for the training of the professional staff of mand for illegal drugs in the United States BER 1, 2010, THROUGH FEBRUARY such committee (under procedures specified and stop the illegal exportation of money 28, 2011 by section 202(j) of that Act). and weapons; Mr. SCHUMER (for himself and Mr. (d) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas the efforts by the United States BENNETT) submitted the following reso- 28, 2011.—For the period October 1, 2010, Government to combat trafficking are out- lution; which was considered and through February 28, 2011, expenses of the lined in the National Drug Control Strategy committee under this section shall not ex- (2008), the Southwest Border Counter- agreed to: ceed $2,048,172, of which amount— narcotics Strategy (2007), and the U.S. Strat- S. RES. 73 (1) not to exceed $200,000, may be expended egy for Combating Criminal Gangs from Cen- Resolved, for the procurement of the services of indi- tral America and Mexico (2007); SECTION 1. AGGREGATE AUTHORIZATION. vidual consultants, or organizations thereof Whereas, on October 22, 2007, the United (a) IN GENERAL.—For purposes of carrying (as authorized by section 202(i) of the Legis- States Government and the Government of out the powers, duties, and functions under lative Reorganization Act of 1946); and Mexico announced a multiyear security the Standing Rules of the Senate, and under (2) not to exceed $40,000, may be expended agreement called the ‘‘Merida Initiative’’, the appropriate authorizing resolutions of for the training of the professional staff of which is intended to combat drug trafficking the Senate there is authorized for the period such committee (under procedures specified and other criminal activity along the border March 1, 2009, through September 30, 2009, in by section 202(j) of that Act). of the United States and Mexico and in Cen- the aggregate of $69,152,989, for the period SEC. 3. COMMITTEE ON ARMED SERVICES. October 1, 2009, through September 30, 2010, tral America; and (a) GENERAL AUTHORITY.—In carrying out in the aggregate of $121,593,254, and for the Whereas Congress has appropriated its powers, duties, and functions under the period October 1, 2010, through February 28, $465,000,000 for the Merida Initiative, allo- Standing Rules of the Senate, in accordance 2011, in the aggregate of $51,787,223, in ac- cating to the Government of Mexico a total with its jurisdiction under rule XXV of such cordance with the provisions of this resolu- of $400,000,000 in equipment, technical assist- rules, including holding hearings, reporting tion, for standing committees of the Senate, ance, and training in fiscal year 2008, which such hearings, and making investigations as the Special Committee on Aging, the Select is now in the process of being delivered: Now, authorized by paragraphs 1 and 8 of rule Committee on Intelligence, and the Com- therefore, be it XXVI of the Standing Rules of the Senate, mittee on Indian Affairs. Resolved, That it is the sense of the Senate (b) AGENCY CONTRIBUTIONS.—There are au- the Committee on Armed Services is author- that— thorized such sums as may be necessary for ized from March 1, 2009, through February 28, (1) Mexico is a key strategic partner of the agency contributions related to the com- 2011, in its discretion— United States; pensation of employees of the committees (1) to make expenditures from the contin- (2) a secure, prosperous, and democratic for the period March 1, 2009, through Sep- gent fund of the Senate; Mexico is indispensable to the goal of the tember 30, 2009, for the period October 1, 2009, (2) to employ personnel; and United States to have prosperity and peace through September 30, 2010, and for the pe- (3) with the prior consent of the Govern- throughout the Americas and the world; riod October 1, 2010, through February 28, ment department or agency concerned and (3) the people and the Government of Mex- 2011, to be paid from the appropriations ac- the Committee on Rules and Administration, ico have launched a sustained attack on drug count for ‘‘Expenses of Inquiries and Inves- to use on a reimbursable, or nonreimburs- trafficking organizations based in Mexico; tigations’’ of the Senate. able, basis the services of personnel of any (4) the increasing violence and criminality SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- such department or agency. of drug trafficking organizations threaten TION, AND FORESTRY. (b) EXPENSES FOR PERIOD ENDING SEP- the well-being of the people of the United (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2009.—The expenses of the com- States and Mexico and pose security chal- its powers, duties, and functions under the mittee for the period March 1, 2009, through lenges to cities and towns in the United Standing Rules of the Senate, in accordance September 30, 2009, under this section shall States; with its jurisdiction under rule XXV of such not exceed $4,639,258, of which amount— (5) drug-related violence is a ‘‘cross-bor- rules, including holding hearings, reporting (1) not to exceed $75,000, may be expended der’’ problem that requires close cooperation such hearings, and making investigations as for the procurement of the services of indi- between the Government of Mexico and the authorized by paragraphs 1 and 8 of rule vidual consultants, or organizations thereof United States Government; XXVI of the Standing Rules of the Senate, (as authorized by section 202(i) of the Legis- (6) the United States Government and the the Committee on Agriculture, Nutrition, lative Reorganization Act of 1946 (2 U.S.C. Government of Mexico have a shared interest and Forestry is authorized from March 1, 72a(i))); and and responsibility in defeating drug traf- 2009, through February 28, 2011, in its discre- (2) not to exceed $30,000, may be expended ficking organizations, and a comprehensive tion— for the training of the professional staff of strategy, jointly conceived and executed, is (1) to make expenditures from the contin- such committee (under procedures specified required for significant progress to be made; gent fund of the Senate; by section 202(j) of that Act).

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(c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof (2) to employ personnel; and RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- period October 1, 2009, through September 30, lative Reorganization Act of 1946); and ment department or agency concerned and 2010, under this section shall not exceed (2) not to exceed $500, may be expended for the Committee on Rules and Administration, $8,158,696, of which amount— the training of the professional staff of such to use on a reimbursable, or nonreimburs- (1) not to exceed $80,000, may be expended committee (under procedures specified by able, basis the services of personnel of any for the procurement of the services of indi- section 202(j) of that Act). such department or agency. vidual consultants, or organizations thereof SEC. 5. COMMITTEE ON THE BUDGET. (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the mittee for the period March 1, 2009, through 72a(i))); and Standing Rules of the Senate, in accordance September 30, 2009, under this section shall (2) not to exceed $30,000, may be expended with its jurisdiction under rule XXV of such not exceed $4,529,245, of which amount— for the training of the professional staff of rules, including holding hearings, reporting (1) not to exceed $50,000, may be expended such committee (under procedures specified such hearings, and making investigations as for the procurement of the services of indi- by section 202(j) of that Act). authorized by paragraph 1 of rule XXVI of vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Standing Rules of the Senate, the Com- (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, mittee on the Budget is authorized from lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2011, expenses of the March 1, 2009, through February 28, 2011, in 72a(i))); and committee under this section shall not ex- its discretion— (2) not to exceed $50,000, may be expended ceed $3,475,330, of which amount— (1) to make expenditures from the contin- for the training of the professional staff of (1) not to exceed $50,000, may be expended gent fund of the Senate; such committee (under procedures specified for the procurement of the services of indi- (2) to employ personnel; and by section 202(j) of that Act). vidual consultants, or organizations thereof (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2010 PE- (as authorized by section 202(i) of the Legis- ment department or agency concerned and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and the Committee on Rules and Administration, period October 1, 2009, through September 30, (2) not to exceed $30,000, may be expended to use on a reimbursable, or nonreimburs- 2010, under this section shall not exceed for the training of the professional staff of able, basis the services of personnel of any $7,963,737, of which amount— such committee (under procedures specified such department or agency. (1) not to exceed $50,000, may be expended by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- SEC. 4. COMMITTEE ON BANKING, HOUSING, AND TEMBER 30, 2009.—The expenses of the com- vidual consultants, or organizations thereof URBAN AFFAIRS. mittee for the period March 1, 2009, through (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out September 30, 2009, under this section shall lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the not exceed $4,384,507, of which amount— 72a(i))); and Standing Rules of the Senate, in accordance (1) not to exceed $35,000, may be expended (2) not to exceed $50,000, may be expended with its jurisdiction under rule XXV of such for the procurement of the services of indi- for the training of the professional staff of rules, including holding hearings, reporting vidual consultants, or organizations thereof such committee (under procedures specified such hearings, and making investigations as (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, 28, 2011.—For the period October 1, 2010, the Committee on Banking, Housing, and 72a(i))); and through February 28, 2011, expenses of the Urban Affairs is authorized from March 1, (2) not to exceed $70,000, may be expended committee under this section shall not ex- 2009, through February 28, 2011, in its discre- for the training of the professional staff of ceed $3,391,751, of which amount— tion— such committee (under procedures specified (1) not to exceed $50,000, may be expended (1) to make expenditures from the contin- by section 202(j) of that Act). for the procurement of the services of indi- gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2010 PE- (2) to employ personnel; and RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof (3) with the prior consent of the Govern- period October 1, 2009, through September 30, (as authorized by section 202(i) of the Legis- ment department or agency concerned and 2010, under this section shall not exceed lative Reorganization Act of 1946); and the Committee on Rules and Administration, $7,711,049, of which amount— (2) not to exceed $50,000, may be expended to use on a reimbursable, or nonreimburs- (1) not to exceed $60,000, may be expended for the training of the professional staff of able, basis the services of personnel of any for the procurement of the services of indi- such committee (under procedures specified such department or agency. vidual consultants, or organizations thereof by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- SEC. 7. COMMITTEE ON ENERGY AND NATURAL TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. RESOURCES. mittee for the period March 1, 2009, through 72a(i))); and (a) GENERAL AUTHORITY.—In carrying out September 30, 2009, under this section shall (2) not to exceed $120,000, may be expended its powers, duties, and functions under the not exceed $4,204,901, of which amount— for the training of the professional staff of Standing Rules of the Senate, in accordance (1) not to exceed $11,667, may be expended such committee (under procedures specified with its jurisdiction under rule XXV of such for the procurement of the services of indi- by section 202(j) of that Act). rules, including holding hearings, reporting vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY such hearings, and making investigations as (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, authorized by paragraphs 1 and 8 of rule lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2011, expenses of the XXVI of the Standing Rules of the Senate, 72a(i))); and committee under this section shall not ex- the Committee on Energy and Natural Re- (2) not to exceed $700, may be expended for ceed $3,284,779, of which amount— sources is authorized from March 1, 2009, the training of the professional staff of such (1) not to exceed $25,000, may be expended through February 28, 2011, in its discretion— committee (under procedures specified by for the procurement of the services of indi- (1) to make expenditures from the contin- section 202(j) of that Act). vidual consultants, or organizations thereof gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2010 PE- (as authorized by section 202(i) of the Legis- (2) to employ personnel; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- period October 1, 2009, through September 30, (2) not to exceed $50,000, may be expended ment department or agency concerned and 2010, under this section shall not exceed for the training of the professional staff of the Committee on Rules and Administration, $7,393,024, of which amount— such committee (under procedures specified to use on a reimbursable, or nonreimburs- (1) not to exceed $20,000, may be expended by section 202(j) of that Act). able, basis the services of personnel of any for the procurement of the services of indi- SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, such department or agency. vidual consultants, or organizations thereof AND TRANSPORTATION. (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the mittee for the period March 1, 2009, through 72a(i))); and Standing Rules of the Senate, in accordance September 30, 2009, under this section shall (2) not to exceed $1,200, may be expended with its jurisdiction under rule XXV of such not exceed $3,833,400. for the training of the professional staff of rules, including holding hearings, reporting (c) EXPENSES FOR FISCAL YEAR 2010 PE- such committee (under procedures specified such hearings, and making investigations as RIOD.—The expenses of the committee for the by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule period October 1, 2009, through September 30, (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, 2010, under this section shall not exceed 28, 2011.—For the period October 1, 2010, the Committee on Commerce, Science, and $6,740,569. through February 28, 2011, expenses of the Transportation is authorized from March 1, (d) EXPENSES FOR PERIOD ENDING FEBRUARY committee under this section shall not ex- 2009, through February 28, 2011, in its discre- 28, 2011.—For the period October 1, 2010, ceed $3,148,531, of which amount— tion— through February 28, 2011, expenses of the (1) not to exceed $8,333, may be expended (1) to make expenditures from the contin- committee under this section shall not ex- for the procurement of the services of indi- gent fund of the Senate; ceed $2,870,923.

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.062 S10MRPT1 smartinez on PROD1PC64 with SENATE S2982 CONGRESSIONAL RECORD — SENATE March 10, 2009 SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. LIC WORKS. September 30, 2009, under this section shall 72a(i))); and (a) GENERAL AUTHORITY.—In carrying out not exceed $5,210,765, of which amount— (2) not to exceed $20,000, may be expended its powers, duties, and functions under the (1) not to exceed $17,500, may be expended for the training of the professional staff of Standing Rules of the Senate, in accordance for the procurement of the services of indi- such committee (under procedures specified with its jurisdiction under rule XXV of such vidual consultants, or organizations thereof by section 202(j) of that Act). rules, including holding hearings, reporting (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY such hearings, and making investigations as lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, authorized by paragraphs 1 and 8 of rule 72a(i))); and through February 28, 2011, expenses of the XXVI of the Standing Rules of the Senate, (2) not to exceed $5,833, may be expended committee under this section shall not ex- the Committee on Environment and Public for the training of the professional staff of ceed $3,214,017, of which amount— Works is authorized from March 1, 2009, such committee (under procedures specified (1) not to exceed $100,000, may be expended through February 28, 2011, in its discretion— by section 202(j) of that Act). for the procurement of the services of indi- (1) to make expenditures from the contin- (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof gent fund of the Senate; RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- (2) to employ personnel; and period October 1, 2009, through September 30, (3) with the prior consent of the Govern- lative Reorganization Act of 1946); and 2010, under this section shall not exceed ment department or agency concerned and (2) not to exceed $20,000, may be expended $9,161,539, of which amount— the Committee on Rules and Administration, for the training of the professional staff of to use on a reimbursable, or nonreimburs- (1) not to exceed $30,000, may be expended such committee (under procedures specified able, basis the services of personnel of any for the procurement of the services of indi- by section 202(j) of that Act). such department or agency. vidual consultants, or organizations thereof SEC. 11. COMMITTEE ON HEALTH, EDUCATION, (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- LABOR, AND PENSIONS. TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through 72a(i))); and its powers, duties, and functions under the September 30, 2009, under this section shall (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance not exceed $3,529,786, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $4,667, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2011, expenses of the the Committee on Health, Education, Labor, 72a(i))); and committee under this section shall not ex- and Pensions is authorized from March 1, (2) not to exceed $1,167, may be expended ceed $3,901,707, of which amount— 2009, through February 28, 2011, in its discre- for the training of the professional staff of (1) not to exceed $12,500, may be expended tion— such committee (under procedures specified for the procurement of the services of indi- (1) to make expenditures from the contin- by section 202(j) of that Act). vidual consultants, or organizations thereof gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2010 PE- (as authorized by section 202(i) of the Legis- (2) to employ personnel; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and (3) with the prior consent of the Govern- period October 1, 2009, through September 30, (2) not to exceed $4,167, may be expended ment department or agency concerned and 2010, under this section shall not exceed for the training of the professional staff of the Committee on Rules and Administration, $6,204,665, of which amount— such committee (under procedures specified to use on a reimbursable, or nonreimburs- (1) not to exceed $8,000, may be expended by section 202(j) of that Act). able, basis the services of personnel of any for the procurement of the services of indi- SEC. 10. COMMITTEE ON FOREIGN RELATIONS. such department or agency. vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- its powers, duties, and functions under the TEMBER 30, 2009.—The expenses of the com- lative Reorganization Act of 1946 (2 U.S.C. Standing Rules of the Senate, in accordance mittee for the period March 1, 2009, through 72a(i))); and with its jurisdiction under rule XXV of such September 30, 2009, under this section shall (2) not to exceed $2,000, may be expended rules, including holding hearings, reporting not exceed $5,973,747, of which amount— for the training of the professional staff of such hearings, and making investigations as (1) not to exceed $75,000, may be expended such committee (under procedures specified authorized by paragraphs 1 and 8 of rule for the procurement of the services of indi- by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY 28, 2011.—For the period October 1, 2010, the Committee on Foreign Relations is au- (as authorized by section 202(i) of the Legis- through February 28, 2011, expenses of the thorized from March 1, 2009, through Feb- lative Reorganization Act of 1946 (2 U.S.C. committee under this section shall not ex- ruary 28, 2011, in its discretion— 72a(i))); and ceed $2,641,940, of which amount— (1) to make expenditures from the contin- (2) not to exceed $25,000, may be expended (1) not to exceed $3,333, may be expended gent fund of the Senate; for the training of the professional staff of for the procurement of the services of indi- (2) to employ personnel; and such committee (under procedures specified vidual consultants, or organizations thereof (3) with the prior consent of the Govern- by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2010 PE- lative Reorganization Act of 1946); and the Committee on Rules and Administration, RIOD.—The expenses of the committee for the (2) not to exceed $833, may be expended for to use on a reimbursable, or nonreimburs- period October 1, 2009, through September 30, the training of the professional staff of such able, basis the services of personnel of any 2010, under this section shall not exceed committee (under procedures specified by such department or agency. $10,503,951, of which amount— section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $75,000, may be expended TEMBER for the procurement of the services of indi- SEC. 9. COMMITTEE ON FINANCE. 30, 2009.—The expenses of the com- mittee for the period March 1, 2009, through vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out its powers, duties, and functions under the September 30, 2009, under this section shall (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, in accordance not exceed $4,291,761, of which amount— lative Reorganization Act of 1946 (2 U.S.C. with its jurisdiction under rule XXV of such (1) not to exceed $100,000, may be expended 72a(i))); and rules, including holding hearings, reporting for the procurement of the services of indi- (2) not to exceed $25,000, may be expended such hearings, and making investigations as vidual consultants, or organizations thereof for the training of the professional staff of authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- such committee (under procedures specified XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). the Committee on Finance is authorized 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY from March 1, 2009, through February 28, (2) not to exceed $20,000, may be expended 28, 2011.—For the period October 1, 2010, 2011, in its discretion— for the training of the professional staff of through February 28, 2011, expenses of the (1) to make expenditures from the contin- such committee (under procedures specified committee under this section shall not ex- gent fund of the Senate; by section 202(j) of that Act). ceed $4,473,755, of which amount— (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- (1) not to exceed $75,000, may be expended (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the for the procurement of the services of indi- ment department or agency concerned and period October 1, 2009, through September 30, vidual consultants, or organizations thereof the Committee on Rules and Administration, 2010, under this section shall not exceed (as authorized by section 202(i) of the Legis- to use on a reimbursable, or nonreimburs- $7,546,310, of which amount— lative Reorganization Act of 1946); and able, basis the services of personnel of any (1) not to exceed $100,000, may be expended (2) not to exceed $25,000, may be expended such department or agency. for the procurement of the services of indi- for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof such committee (under procedures specified TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- by section 202(j) of that Act).

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.062 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2983 SEC. 12. COMMITTEE ON HOMELAND SECURITY noncompliance of such corporations, compa- (x) relations with other oil producing and AND GOVERNMENTAL AFFAIRS. nies, or individuals or other entities with the consuming countries; (a) GENERAL AUTHORITY.—In carrying out rules, regulations, and laws governing the (xi) the monitoring of compliance by gov- its powers, duties, and functions under the various governmental agencies and its rela- ernments, corporations, or individuals with Standing Rules of the Senate, in accordance tionships with the public; the laws and regulations governing the allo- with its jurisdiction under rule XXV of such (B) the extent to which criminal or other cation, conservation, or pricing of energy rules and S. Res. 445, agreed to October 9, improper practices or activities are, or have supplies; and 2004 (108th Congress), including holding hear- been, engaged in the field of labor-manage- (xii) research into the discovery and devel- ings, reporting such hearings, and making ment relations or in groups or organizations opment of alternative energy supplies; and investigations as authorized by paragraphs 1 of employees or employers, to the detriment (G) the efficiency and economy of all and 8 of rule XXVI of the Standing Rules of of interests of the public, employers, or em- branches and functions of Government with the Senate, the Committee on Homeland Se- ployees, and to determine whether any particular references to the operations and curity and Governmental Affairs is author- changes are required in the laws of the management of Federal regulatory policies ized from March 1, 2009, through February 28, United States in order to protect such inter- and programs. 2011, in its discretion— ests against the occurrence of such practices (2) EXTENT OF INQUIRIES.—In carrying out (1) to make expenditures from the contin- or activities; the duties provided in paragraph (1), the in- gent fund of the Senate; (C) organized criminal activity which may quiries of this committee or any sub- (2) to employ personnel; and operate in or otherwise utilize the facilities committee of the committee shall not be (3) with the prior consent of the Govern- of interstate or international commerce in construed to be limited to the records, func- ment department or agency concerned and tions, and operations of any particular the Committee on Rules and Administration, furtherance of any transactions and the manner and extent to which, and the iden- branch of the Government and may extend to use on a reimbursable, or nonreimburs- to the records and activities of any persons, able, basis the services of personnel of any tity of the persons, firms, or corporations, or other entities by whom such utilization is corporation, or other entity. such department or agency. (3) SPECIAL COMMITTEE AUTHORITY.—For (b) EXPENSES FOR PERIOD ENDING SEP- being made, and further, to study and inves- the purposes of this subsection, the com- TEMBER 30, 2009.—The expenses of the com- tigate the manner in which and the extent to mittee, or any duly authorized sub- mittee for the period March 1, 2009, through which persons engaged in organized criminal committee of the committee, or its chair- September 30, 2009, under this section shall activity have infiltrated lawful business en- man, or any other member of the committee not exceed $6,742,824, of which amount— terprise, and to study the adequacy of Fed- or subcommittee designated by the chair- (1) not to exceed $75,000, may be expended eral laws to prevent the operations of orga- man, from March 1, 2009, through February for the procurement of the services of indi- nized crime in interstate or international 28, 2011, is authorized, in its, his, hers, or vidual consultants, or organizations thereof commerce; and to determine whether any their discretion— (as authorized by section 202(i) of the Legis- changes are required in the laws of the (A) to require by subpoena or otherwise the lative Reorganization Act of 1946 (2 U.S.C. United States in order to protect the public attendance of witnesses and production of 72a(i))); and against such practices or activities; correspondence, books, papers, and docu- (2) not to exceed $20,000, may be expended (D) all other aspects of crime and lawless- ments; for the training of the professional staff of ness within the United States which have an (B) to hold hearings; such committee (under procedures specified impact upon or affect the national health, (C) to sit and act at any time or place dur- by section 202(j) of that Act). welfare, and safety; including but not lim- ing the sessions, recess, and adjournment pe- (c) EXPENSES FOR FISCAL YEAR 2010 PE- ited to investment fraud schemes, com- riods of the Senate; RIOD.—The expenses of the committee for the modity and security fraud, computer fraud, (D) to administer oaths; and period October 1, 2009, through September 30, and the use of offshore banking and cor- (E) to take testimony, either orally or by 2010, under this section shall not exceed porate facilities to carry out criminal objec- sworn statement, or, in the case of staff $11,856,527, of which amount— tives; members of the Committee and the Perma- (1) not to exceed $75,000, may be expended (E) the efficiency and economy of oper- nent Subcommittee on Investigations, by for the procurement of the services of indi- ations of all branches and functions of the deposition in accordance with the Com- vidual consultants, or organizations thereof Government with particular reference to— mittee Rules of Procedure. (as authorized by section 202(i) of the Legis- (i) the effectiveness of present national se- (4) AUTHORITY OF OTHER COMMITTEES.— lative Reorganization Act of 1946 (2 U.S.C. curity methods, staffing, and processes as Nothing contained in this subsection shall 72a(i))); and tested against the requirements imposed by affect or impair the exercise of any other (2) not to exceed $20,000, may be expended the rapidly mounting complexity of national standing committee of the Senate of any for the training of the professional staff of security problems; power, or the discharge by such committee such committee (under procedures specified (ii) the capacity of present national secu- of any duty, conferred or imposed upon it by by section 202(j) of that Act). rity staffing, methods, and processes to (d) EXPENSES FOR PERIOD ENDING FEBRUARY make full use of the Nation’s resources of the Standing Rules of the Senate or by the 28, 2011.—For the period October 1, 2010, knowledge and talents; Legislative Reorganization Act of 1946. through February 28, 2011, expenses of the (iii) the adequacy of present intergovern- (5) SUBPOENA AUTHORITY.—All subpoenas committee under this section shall not ex- mental relations between the United States and related legal processes of the committee ceed $5,049,927, of which amount— and international organizations principally and its subcommittee authorized under S. (1) not to exceed $75,000, may be expended concerned with national security of which Res. 89, agreed to March 1, 2007 (110th Con- for the procurement of the services of indi- the United States is a member; and gress) are authorized to continue. vidual consultants, or organizations thereof (iv) legislative and other proposals to im- SEC. 13. COMMITTEE ON THE JUDICIARY. (as authorized by section 202(i) of the Legis- prove these methods, processes, and relation- lative Reorganization Act of 1946); and ships; (a) GENERAL AUTHORITY.—In carrying out (2) not to exceed $20,000, may be expended (F) the efficiency, economy, and effective- its powers, duties, and functions under the for the training of the professional staff of ness of all agencies and departments of the Standing Rules of the Senate, in accordance such committee (under procedures specified Government involved in the control and with its jurisdiction under rule XXV of such by section 202(j) of that Act). management of energy shortages including, rules, including holding hearings, reporting (e) INVESTIGATIONS.— but not limited to, their performance with such hearings, and making investigations as (1) IN GENERAL.—The committee, or any respect to— authorized by paragraphs 1 and 8 of rule duly authorized subcommittee of the com- (i) the collection and dissemination of ac- XXVI of the Standing Rules of the Senate, mittee, is authorized to study or inves- curate statistics on fuel demand and supply; the Committee on the Judiciary is author- tigate— (ii) the implementation of effective energy ized from March 1, 2009, through February 28, (A) the efficiency and economy of oper- conservation measures; 2011, in its discretion— ations of all branches of the Government in- (iii) the pricing of energy in all forms; (1) to make expenditures from the contin- cluding the possible existence of fraud, mis- (iv) coordination of energy programs with gent fund of the Senate; feasance, malfeasance, collusion, mis- State and local government; (2) to employ personnel; and management, incompetence, corruption, or (v) control of exports of scarce fuels; (3) with the prior consent of the Govern- unethical practices, waste, extravagance, (vi) the management of tax, import, pric- ment department or agency concerned and conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- the Committee on Rules and Administration, penditure of Government funds in trans- plies; to use on a reimbursable, or nonreimburs- actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- able, basis the services of personnel of any ernment or of Government officials and em- tor of the petroleum industry as a strong such department or agency. ployees and any and all such improper prac- competitive force; (b) EXPENSES FOR PERIOD ENDING SEP- tices between Government personnel and (viii) the allocation of fuels in short supply TEMBER 30, 2009.—The expenses of the com- corporations, individuals, companies, or per- by public and private entities; mittee for the period March 1, 2009, through sons affiliated therewith, doing business (ix) the management of energy supplies September 30, 2009, under this section shall with the Government; and the compliance or owned or controlled by the Government; not exceed $6,528,294, of which amount—

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.062 S10MRPT1 smartinez on PROD1PC64 with SENATE S2984 CONGRESSIONAL RECORD — SENATE March 10, 2009 (1) not to exceed $116,667, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2011, expenses of the the Committee on Veterans’ Affairs is au- 72a(i))); and committee under this section shall not ex- thorized from March 1, 2009, through Feb- (2) not to exceed $11,667, may be expended ceed $1,346,931, of which amount— ruary 28, 2011, in its discretion— for the training of the professional staff of (1) not to exceed $21,000, may be expended (1) to make expenditures from the contin- such committee (under procedures specified for the procurement of the services of indi- gent fund of the Senate; by section 202(j) of that Act). vidual consultants, or organizations thereof (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2009, through September 30, (2) not to exceed $4,200, may be expended the Committee on Rules and Administration, 2010, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $11,481,341, of which amount— such committee (under procedures specified able, basis the services of personnel of any (1) not to exceed $200,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 15. COMMITTEE ON SMALL BUSINESS AND (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof ENTREPRENEURSHIP. TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2009, through lative Reorganization Act of 1946 (2 U.S.C. its powers, duties, and functions under the September 30, 2009, under this section shall 72a(i))); and Standing Rules of the Senate, in accordance not exceed $1,565,089, of which amount— (2) not to exceed $20,000, may be expended with its jurisdiction under rule XXV of such (1) not to exceed $59,000, may be expended for the training of the professional staff of rules, including holding hearings, reporting for the procurement of the services of indi- such committee (under procedures specified such hearings, and making investigations as vidual consultants, or organizations thereof by section 202(j) of that Act). authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- (d) EXPENSES FOR PERIOD ENDING FEBRUARY XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. 28, 2011.—For the period October 1, 2010, 72a(i))); and through February 28, 2011, expenses of the the Committee on Small Business and Entre- preneurship is authorized from March 1, 2009, (2) not to exceed $12,000, may be expended committee under this section shall not ex- for the training of the professional staff of ceed $4,890,862, of which amount— through February 28, 2011, in its discretion— (1) to make expenditures from the contin- such committee (under procedures specified (1) not to exceed $83,333, may be expended by section 202(j) of that Act). for the procurement of the services of indi- gent fund of the Senate; (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof RIOD.—The expenses of the committee for the (3) with the prior consent of the Govern- (as authorized by section 202(i) of the Legis- period October 1, 2009, through September 30, ment department or agency concerned and lative Reorganization Act of 1946); and 2010, under this section shall not exceed the Committee on Rules and Administration, (2) not to exceed $8,333, may be expended $2,752,088, of which amount— to use on a reimbursable, or nonreimburs- for the training of the professional staff of (1) not to exceed $100,000, may be expended able, basis the services of personnel of any such committee (under procedures specified for the procurement of the services of indi- such department or agency. by section 202(j) of that Act). vidual consultants, or organizations thereof (b) EXPENSES FOR PERIOD ENDING SEP- SEC. 14. COMMITTEE ON RULES AND ADMINIS- (as authorized by section 202(i) of the Legis- TEMBER 30, 2009.—The expenses of the com- TRATION. lative Reorganization Act of 1946 (2 U.S.C. mittee for the period March 1, 2009, through (a) GENERAL AUTHORITY.—In carrying out 72a(i))); and its powers, duties, and functions under the September 30, 2009, under this section shall (2) not to exceed $20,000, may be expended Standing Rules of the Senate, in accordance not exceed $1,693,240, of which amount— for the training of the professional staff of with its jurisdiction under rule XXV of such (1) not to exceed $25,000, may be expended such committee (under procedures specified rules, including holding hearings, reporting for the procurement of the services of indi- by section 202(j) of that Act). such hearings, and making investigations as vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- 28, 2011.—For the period October 1, 2010, XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2011, expenses of the the Committee on Rules and Administration 72a(i))); and committee under this section shall not ex- is authorized from March 1, 2009, through (2) not to exceed $10,000, may be expended ceed $1,172,184, of which amount— February 28, 2011, in its discretion— for the training of the professional staff of (1) not to exceed $42,000, may be expended (1) to make expenditures from the contin- such committee (under procedures specified for the procurement of the services of indi- gent fund of the Senate; by section 202(j) of that Act). vidual consultants, or organizations thereof (2) to employ personnel; and (c) EXPENSES FOR FISCAL YEAR 2010 PE- (3) with the prior consent of the Govern- (as authorized by section 202(i) of the Legis- RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and ment department or agency concerned and period October 1, 2009, through September 30, the Committee on Rules and Administration, (2) not to exceed $8,334, may be expended 2010, under this section shall not exceed for the training of the professional staff of to use on a reimbursable, or nonreimburs- $2,976,370, of which amount— able, basis the services of personnel of any such committee (under procedures specified (1) not to exceed $25,000, may be expended by section 202(j) of that Act). such department or agency. for the procurement of the services of indi- SEC. 17. SPECIAL COMMITTEE ON AGING. (b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof (a) GENERAL AUTHORITY.—In carrying out TEMBER 30, 2009.—The expenses of the com- (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2009, through its powers, duties, and functions imposed by lative Reorganization Act of 1946 (2 U.S.C. section 104 of S. Res. 4, agreed to February 4, September 30, 2009, under this section shall 72a(i))); and not exceed $1,797,669, of which amount— 1977 (95th Congress), and in exercising the (2) not to exceed $10,000, may be expended (1) not to exceed $30,000, may be expended authority conferred on it by such section, for the training of the professional staff of for the procurement of the services of indi- the Special Committee on Aging is author- such committee (under procedures specified vidual consultants, or organizations thereof ized from March 1, 2009, through February 28, by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- 2011, in its discretion— (d) EXPENSES FOR PERIOD ENDING FEBRUARY lative Reorganization Act of 1946 (2 U.S.C. (1) to make expenditures from the contin- 28, 2011.—For the period October 1, 2010, 72a(i))); and gent fund of the Senate; through February 28, 2011, expenses of the (2) not to exceed $6,000, may be expended (2) to employ personnel; and committee under this section shall not ex- for the training of the professional staff of (3) with the prior consent of the Govern- ceed $1,267,330, of which amount— such committee (under procedures specified ment department or agency concerned and (1) not to exceed $25,000, may be expended by section 202(j) of that Act). the Committee on Rules and Administration, (c) EXPENSES FOR FISCAL YEAR 2010 PE- for the procurement of the services of indi- to use on a reimbursable, or nonreimburs- RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof able, basis the services of personnel of any period October 1, 2009, through September 30, (as authorized by section 202(i) of the Legis- such department or agency. 2010, under this section shall not exceed lative Reorganization Act of 1946); and (b) EXPENSES FOR PERIOD ENDING SEP- $3,161,766, of which amount— (2) not to exceed $10,000, may be expended TEMBER 30, 2009.—The expenses of the com- (1) not to exceed $50,000, may be expended for the training of the professional staff of mittee for the period March 1, 2009, through for the procurement of the services of indi- such committee (under procedures specified September 30, 2009, under this section shall vidual consultants, or organizations thereof by section 202(j) of that Act). not exceed $1,892,515, of which amount— (as authorized by section 202(i) of the Legis- SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. (1) not to exceed $117,000, may be expended lative Reorganization Act of 1946 (2 U.S.C. (a) GENERAL AUTHORITY.—In carrying out for the procurement of the services of indi- 72a(i))); and its powers, duties, and functions under the vidual consultants, or organizations thereof (2) not to exceed $10,000, may be expended Standing Rules of the Senate, in accordance (as authorized by section 202(i) of the Legis- for the training of the professional staff of with its jurisdiction under rule XXV of such lative Reorganization Act of 1946); and

VerDate Nov 24 2008 01:34 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.062 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2985 (2) not to exceed $10,000, may be expended committee under this section shall not ex- (3) an amount not to exceed $3,125,000, shall for the training of the professional staff of ceed $3,108,302, of which amount— be available for the period October 1, 2010, such committee (under procedures specified (1) not to exceed $27,083, may be expended through February 28, 2011. by section 202(j) of that Act). for the procurement of the services of indi- (b) AVAILABILITY.—The special reserve au- (c) EXPENSES FOR FISCAL YEAR 2010 PE- vidual consultants, or organizations thereof thorized in subsection (a) shall be available RIOD.—The expenses of the committee for the (as authorized by section 202(i) of the Legis- to any committee— period October 1, 2009, through September 30, lative Reorganization Act of 1946); and (1) on the basis of special need to meet un- 2010, under this section shall not exceed (2) not to exceed $833, may be expended for paid obligations incurred by that committee $3,327,243, of which amount— the training of the professional staff of such during the periods referred to in paragraphs (1) not to exceed $200,000, may be expended committee (under procedures specified by (1), (2), and (3) of subsection (a); and for the procurement of the services of indi- section 202(j) of that Act). (2) at the request of a Chairman and Rank- vidual consultants, or organizations thereof SEC. 19. COMMITTEE ON INDIAN AFFAIRS. ing Member of that committee subject to the (as authorized by section 202(i) of the Legis- approval of the Chairman and Ranking Mem- (a) GENERAL AUTHORITY.—In carrying out lative Reorganization Act of 1946); and ber of the Committee on Rules and Adminis- its powers, duties, and functions imposed by (2) not to exceed $15,000, may be expended tration. section 105 of S. Res. 4, agreed to February 4, for the training of the professional staff of 1977 (95th Congress), and in exercising the f such committee (under procedures specified authority conferred on it by that section, by section 202(j) of that Act). NOTICES OF HEARINGS the Committee on Indian Affairs is author- (d) EXPENSES FOR PERIOD ENDING FEBRUARY ized from March 1, 2009, through February 28, COMMITTEE ON ENERGY AND NATURAL 28, 2011.—For the period October 1, 2010, 2011, in its discretion— RESOURCES through February 28, 2011, expenses of the (1) to make expenditures from the contin- Mr. BINGAMAN. Mr. President, I committee under this section shall not ex- gent fund of the Senate; would like to announce for the infor- ceed $1,416,944, of which amount— (2) to employ personnel; and (1) not to exceed $85,000, may be expended mation of the Senate and the public (3) with the prior consent of the Govern- for the procurement of the services of indi- that a hearing has been scheduled be- ment department or agency concerned and vidual consultants, or organizations thereof fore the Senate Committee on Energy the Committee on Rules and Administration, (as authorized by section 202(i) of the Legis- and Natural Resources. The hearing to use on a reimbursable, or nonreimburs- lative Reorganization Act of 1946); and able, basis the services of personnel of any will be held on Wednesday, March 18, (2) not to exceed $5,000, may be expended such department or agency. 2009, at 9:30 a.m., in room SD–366 of the for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- Dirksen Senate Office Building. such committee (under procedures specified The purpose of the hearing is to re- by section 202(j) of that Act). TEMBER 30, 2009.—The expenses of the com- mittee for the period March 1, 2009, through ceive testimony on nuclear energy de- SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. September 30, 2009, under this section shall velopment. (a) GENERAL AUTHORITY.—In carrying out not exceed $1,449,343, of which amount— Because of the limited time available its powers, duties, and functions under S. (1) not to exceed $20,000, may be expended for the hearing, witnesses may testify Res. 400, agreed to May 19, 1976 (94th Con- for the procurement of the services of indi- gress), as amended by S. Res. 445, agreed to by invitation only. However, those vidual consultants, or organizations thereof wishing to submit written testimony October 9, 2004 (108th Congress), in accord- (as authorized by section 202(i) of the Legis- ance with its jurisdiction under sections 3(a) lative Reorganization Act of 1946); and for the hearing record may do so by and 17 of such S. Res. 400, including holding (2) not to exceed $20,000, may be expended sending it to the Committee on Energy hearings, reporting such hearings, and mak- for training consultants of the professional and Natural Resources, United States ing investigations as authorized by section 5 staff of such committee (under procedures Senate, Washington, D.C. 20510–6150, or of such S. Res. 400, the Select Committee on specified by section 202(j) of that Act). by e-mail to Aman- Intelligence is authorized from March 1, 2009, (c) EXPENSES FOR FISCAL YEAR 2010 PE- da [email protected]. through February 28, 2011, in its discretion— l RIOD.—The expenses of the committee for the (1) to make expenditures from the contin- For further information, please con- period October 1, 2009, through September 30, gent fund of the Senate; tact Sam Fowler at (202) 224–7571 or 2010, under this section shall not exceed (2) to employ personnel; and Amanda Kelly at (202) 224–6836. $2,546,445, of which amount— (3) with the prior consent of the Govern- COMMITTEE ON ENERGY AND NATURAL (1) not to exceed $20,000, may be expended ment department or agency concerned and RESOURCES for the procurement of the services of indi- the Committee on Rules and Administration, vidual consultants, or organizations thereof Mr. BINGAMAN. Mr. President, I to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- would like to announce for the infor- able, basis the services of personnel of any lative Reorganization Act of 1946); and mation of the Senate and the public such department or agency. (2) not to exceed $20,000, may be expended that a hearing has been scheduled be- (b) EXPENSES FOR PERIOD ENDING SEP- for training consultants of the professional TEMBER 30, 2009.—The expenses of the com- fore the Senate Committee on Energy staff of such committee (under procedures mittee for the period March 1, 2009, through and Natural Resources. The hearing specified by section 202(j) of that Act). September 30, 2009, under this section shall will be held on Tuesday, March 17, 2009, (d) EXPENSES FOR PERIOD ENDING FEBRUARY not exceed $4,151,023, of which amount— at 10 a.m., in room SD–366 of the Dirk- 28, 2011.—For the period October 1, 2010, (1) not to exceed $37,917, may be expended through February 28, 2011, expenses of the sen Senate Office Building. for the procurement of the services of indi- committee under this section shall not ex- The Committee will conduct an over- vidual consultants, or organizations thereof ceed $1,083,838, of which amount— sight hearing on energy development (as authorized by section 202(i) of the Legis- (1) not to exceed $20,000, may be expended on public lands and the outer Conti- lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- 72a(i))); and nental Shelf. vidual consultants, or organizations thereof (2) not to exceed $1,167, may be expended Because of the limited time available (as authorized by section 202(i) of the Legis- for the training of the professional staff of for the hearing, witnesses may testify lative Reorganization Act of 1946); and such committee (under procedures specified by invitation only. However, those (2) not to exceed $20,000, may be expended by section 202(j) of that Act). wishing to submit written testimony for training consultants of the professional (c) EXPENSES FOR FISCAL YEAR 2010 PE- staff of such committee (under procedures for the hearing record may do so by RIOD.—The expenses of the committee for the specified by section 202(j) of that Act). sending it to the Committee on Energy period October 1, 2009, through September 30, and Natural Resources, United States SEC. 20. SPECIAL RESERVE. 2010, under this section shall not exceed Senate, Washington, D.C. 20510–6150, or $7,298,438, of which amount— (a) ESTABLISHMENT.—Within the funds in (1) not to exceed $65,000, may be expended the account ‘‘Expenses of Inquiries and In- by e-mail to for the procurement of the services of indi- vestigations’’ appropriated by the legislative [email protected]. vidual consultants, or organizations thereof branch appropriation Acts for fiscal years For further information, please con- (as authorized by section 202(i) of the Legis- 2009, 2010, and 2011, there is authorized to be tact Patty Beneke at (202) 224–5451 or lative Reorganization Act of 1946 (2 U.S.C. established a special reserve to be available Gina Weinstock at (202) 224–5684. 72a(i))); and to any committee funded by this resolution COMMITTEE ON INDIAN AFFAIRS (2) not to exceed $2,000, may be expended as provided in subsection (b) of which— Mr. DORGAN. Mr. President, I would for the training of the professional staff of (1) an amount not to exceed $4,375,000, shall like to announce that the Committee such committee (under procedures specified be available for the period March 1, 2009, by section 202(j) of that Act). through September 30, 2009; and on Indian Affairs will meet on Thurs- (d) EXPENSES FOR PERIOD ENDING FEBRUARY (2) an amount not to exceed $7,500,000, shall day, March 12, 2009 at 9:30 a.m. in room 28, 2011.—For the period October 1, 2010, be available for the period October 1, 2009, 628 of the Dirksen Senate Office Build- through February 28, 2011, expenses of the through September 30, 2010; and ing to conduct an oversight hearing to

VerDate Nov 24 2008 02:17 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.062 S10MRPT1 smartinez on PROD1PC64 with SENATE S2986 CONGRESSIONAL RECORD — SENATE March 10, 2009 discuss tribal priorities in the fiscal will commence at 2:30 p.m. in room 430 legislative session; and that any state- year 2010 budget. of the Dirksen Senate Office Building. ments relating to the nomination be Those wishing additional information The PRESIDING OFFICER. Without printed in the RECORD. may contact the Indian Affairs Com- objection, it is so ordered. The PRESIDING OFFICER. Without mittee at 202–224–2251. COMITTEE ON THE JUDICIARY objection, it is so ordered. f Mr. DURBIN. Mr. President, I ask f unanimous consent that the Senate AUTHORITY FOR COMMITTEES TO EXECUTIVE SESSION MEET Committee on the Judiciary be author- ized to meet during the session of the COMMITTEE ON ARMED SERVICES Senate, to conduct a hearing entitled EXECUTIVE CALENDAR Mr. DURBIN. Mr. President, I ask ‘‘Patent Reform in the 111th Congress: unanimous consent that the Com- Legislation and Recent Court Deci- Mr. DURBIN. Mr. President, I ask mittee on Armed Services be author- sions’’ on Tuesday, March 10, 2009, at 10 unanimous consent that the Senate ized to meet during the session of the a.m., in room SD–226 of the Dirksen proceed to executive session to con- Senate on Tuesday, March 10, 2009 at Senate Office Building. sider Calendar Nos. 15 and 16; that the 9:30 a.m. The PRESIDING OFFICER. Without nominations be confirmed, en bloc, and The PRESIDING OFFICER. Without objection, it is so ordered. the motions to reconsider be laid upon the table, en bloc; that no further mo- objection, it is so ordered. COMMITTEE ON THE JUDICIARY tions be in order; that upon confirma- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. DURBIN. Mr. President, I ask tion, the President be immediately no- AFFAIRS unanimous consent that the Senate tified of the Senate’s action; that the Mr. DURBIN. Mr. President, I ask Committee on the Judiciary be author- Senate resume legislative session; and unanimous consent that the Com- ized to meet during the session of the that any statements relating to the mittee on Banking, Housing, and Senate, to conduct a hearing entitled nominations be printed in the RECORD; Urban Affairs be authorized to meet ‘‘Executive Nominations’’ on Tuesday, further, that the cloture motions with during the session of the Senate on March 10, 2009, at 2:30 p.m., in room respect to these nominations be with- Tuesday, March 10, 2009 at 10:30 a.m. to SD–226 of the Dirksen Senate Office drawn, en bloc. conduct a hearing entitled ‘‘Enhancing Building. The PRESIDING OFFICER. Without Investor Protection and the Regulation The PRESIDING OFFICER. Without objection, it is so ordered. of Securities Markets.’’ objection, it is so ordered. The PRESIDING OFFICER. Without The nominations considered and con- COMMITTEE ON VETERANS’ AFFAIRS objection, it is so ordered. firmed are as follows: Mr. DURBIN. Mr. President, I ask EXECUTIVE OFFICE OF THE PRESIDENT COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- RESOURCES mittee on Veterans’ Affairs be author- Austan Dean Goolsbee, of Illinois, to be a Mr. DURBIN. Mr. President, I ask Member of the Council of Economic Advis- ized to meet during the session of the ers. unanimous consent that the Com- Senate on Tuesday, March 10, 2009 at mittee on Energy and Natural Re- Cecilia Elena Rouse, of California, to be 9:30 am. The Committee will meet in Member of the Council of Economic Advis- sources be authorized to meet during room 418 of the Russell Senate Office ers. the session of the Senate on Tuesday, Building. f March 10, 2009, at 10 a.m., in room SD– The PRESIDING OFFICER. Without 366 of the Dirksen Senate Office Build- objection, it is so ordered. LEGISLATIVE SESSION ing. SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without the previous order, the Senate will now objection, it is so ordered. Mr. DURBIN. Mr. President, I ask unanimous consent that the Select return to legislative session. COMMITTEE ON FINANCE Committee on Intelligence be author- f Mr. DURBIN. Mr. President, I ask ized to meet during the session of the APPOINTMENT unanimous consent that the Com- Senate on March 10, 2009 at 2:30 p.m. mittee on Finance be authorized to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The meet during the session of the Senate objection, it is so ordered. Chair announces, on behalf of the Re- on Tuesday, March 10, 2009, at 10 a.m., f publican Leader, pursuant to the provi- in 215 Dirksen Senate Office Building. sions of S. Res. 105, adopted April 13, The PRESIDING OFFICER. Without UNANIMOUS CONSENT AGREE- 1989, as amended by S. Res. 149, adopted objection, it is so ordered. MENT—EXECUTIVE CALENDAR October 5, 1993, as amended by Public COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. DURBIN. Mr. President, as in ex- Law 105–275, adopted October 21, 1998, AND PENSIONS ecutive session, I ask unanimous con- further amended by S. Res. 75, adopted Mr. DURBIN. Mr. President, I ask sent that the cloture motion with re- March 25, 1999, amended by S. Res. 383, unanimous consent that the Com- spect to the nomination of David adopted October 27, 2000, and amended mittee on Health, Education, Labor, Ogden be withdrawn, and that on by S. Res. 355, adopted November 13, and Pensions be authorized to meet, Wednesday, March 11, at 11:30 a.m., the 2002, and further amended by S. Res. during the session of the Senate, to Senate proceed to executive session to 480, adopted November 21, 2004, the ap- conduct a hearing entitled ‘‘Rebuilding consider Calendar No. 21, the nomina- pointment of the following Senator as Economic Security: Empowering Work- tion of David Ogden; that the time a member of the Senate National Secu- ers to Restore the Middle Class’’ on until 4:30 p.m. be equally divided and rity Working Group for the 111th Con- Tuesday, March 10, 2009. The hearing controlled between the leaders or their gress: the Senator from South Caro- will commence at 10 a.m. in room 106 of designees; that when the Senate re- lina, Mr. GRAHAM. the Dirksen Senate Office Building. sumes consideration of the nomination f The PRESIDING OFFICER. Without on Thursday, March 12, there be 2 objection, it is so ordered. hours remaining for debate, equally di- ORDERS FOR WEDNESDAY, MARCH COMMITTEE ON HEALTH, EDUCATION, LABOR, vided and controlled between the lead- 11, 2009 AND PENSIONS ers or their designees; that upon the Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask use of time on Thursday, the Senate unanimous consent that when the Sen- unanimous consent that the Com- then proceed to vote on confirmation ate completes its business today, it ad- mittee on Health, Education, Labor, of the nomination; that upon confirma- journ until 11 a.m., Wednesday, March and Pensions be authorized to meet, tion of the nomination, the motion to 11; that following the prayer and the during the session of the Senate, to reconsider be laid upon the table, no pledge, the Journal of proceedings be conduct a hearing entitled ‘‘The Next further motions be in order, the Presi- approved to date, the morning hour be Generation of National Service’’ on dent be immediately notified of the deemed expired, the time for the two Tuesday, March 10, 2009. The hearing Senate’s action, and the Senate resume leaders be reserved for their use later

VerDate Nov 24 2008 02:17 Mar 11, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MR6.061 S10MRPT1 smartinez on PROD1PC64 with SENATE March 10, 2009 CONGRESSIONAL RECORD — SENATE S2987 in the day, and the Senate proceed to a THE GRADE INDICATED IN THE RESERVE OF THE ARMY THOMAS F. KELLY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LARA I. LARSON period of morning business until 11:30 STEVEN C. MALLER To be colonel a.m. with Senators permitted to speak ROY C. MARLOW THOMAS M. CARDEN, JR. MARK T. MEANS for up to 10 minutes each with the time TIMOTHY J. CLAYS COLIN A. MIHALIK controlled by the Republicans; further, RODERICK R. LEONGUERRERO ENDER S. OZGUL ERIC W. OLSEN MARIA SANTOS that following morning business the CURTIS J. ROYER JESUS L. SOJO Senate proceed to executive session WILLIAM H. STEVENSON LUKE UNDERHILL ROSE M. WOJCIK under the previous order. ANTHONY WOODS IN THE AIR FORCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. Is there TO THE GRADE INDICATED IN THE UNITED STATES AIR objection? THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR Without objection, it is so ordered. FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel f To be colonel FEDERICO C. AQUINO, JR. MICHAEL F. ADAMES KEITH L. CLARK PROGRAM DEAN B. BORSOS THOMAS P. EDMONSON JAMES R. CLAPSADDLE AMAR KOSARAJU Mr. DURBIN. Mr. President, under ROBERT H. COTHRON III WILLIAM K. LIN the previous order, the Senate will de- PATRICK L. DAWSON DOUGLAS M. LITTLEFIELD DONALD L. FAUST PAUL A. LONGO bate the Ogden nomination until 4:30 EDWIN A. HURSTON VICTOR B. MAGGIO p.m. tomorrow and vote on confirma- PHILIP E. JONES FERNANDO A. MARAVI BRIAN E. KING ALAN J. NAPOLES tion of the nomination on Thursday. DARRELL W. LANDREAUX DARON C. PRAETZEL REX A. LANGSTON ENRIQUE E. ROSADO f STEVEN B. REESE JENNIE L. STODDART REBECCA C. SEESE STEPHANIE A. STOUDER ADJOURNMENT UNTIL 11 A.M. PAUL M. SKALA KIM L. WILKINSON TOMORROW THOMAS A. STEINBRUNNER JUNKO YAMAMOTO TRACY A. TENNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM R. TYRA Mr. DURBIN. Mr. President, if there TO THE GRADE INDICATED IN THE UNITED STATES AIR KATHRYN D. VANDERLINDEN is no further business to come before FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate, I ask unanimous consent TO THE GRADE INDICATED IN THE UNITED STATES AIR To be lieutenant colonel that it adjourn under the previous FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSELITA M. ABELEDA order. To be colonel DEMETRIO J. AGUILA III TODD J. ALAN There being no objection, the Senate, RICHARD D. BAKER TALIB Y. ALI CATHERINE S. BARD at 7:31 p.m., adjourned until Wednes- PATRICK F. ALLAN RICHARD J. BEAN JAY R. ALLEN day, March 11, 2009, at 11 a.m. JAMES E. BOYD MICHAEL D. ALMALEH MARKHAM J. BROWN KURT W. ANDREASON f LESLIE R. BRYANT III LOUISE M. BRYCE JASON G. ARNOLD NOMINATIONS JEFFREY S. CALDER MATTHEW J. AUNGST CHERYL L. CARTER KERI A. BAACKE Executive nominations received by GEORGE W. CHRISTOPHER JOSE E. BARRERA THOMAS F. CLARKE STEVEN M. BAUGHMAN the Senate: DAVID D. COPP VIKHYAT S. BEBARTA JOHN A. BENSON DEPARTMENT OF THE TREASURY MARCEL V. DIONNE ROLAND E. ENGEL JAMES E. BERMUDEZ DAVID S. COHEN, OF MARYLAND, TO BE ASSISTANT MICHAEL J. EPPINGER JOHN N. BERRY SECRETARY FOR TERRORIST FINANCING, DEPARTMENT EDWARD L. FIEG ANTHONY I. BEUTLER OF THE TREASURY, VICE PATRICK M. O’BRIEN, RE- JOHN M. GOOCH CHRISTOPHER T. BIRD SIGNED. PATRICIA L. GOODEMOTE JUSTIN B. BOGE LEE H. HARVIS KEVIN J. BOHNSACK EXECUTIVE OFFICE OF THE PRESIDENT CLAUDE A. HAWKINS MICHAEL I. BOND ERIC C. BURDGE SHERBURNE B. ABBOTT, OF TEXAS, TO BE AN ASSO- ANN L. HOYNIAKBECKER JEREMY W. CANNON CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- TIMOTHY W. HUISKEN KYLE L. CARTER NOLOGY POLICY, VICE DUNCAN T. MOORE, RESIGNED. MYLENE T. HUYNH JEFFERY L. JOHNSON MICHAEL T. CHARLTON DEPARTMENT OF TRANSPORTATION JAMES G. KAHRS STEPHEN R. CHEN PETER B. KOVATS JERRY M. CLINE DANA G. GRESHAM, OF THE DISTRICT OF COLUMBIA, TO MARK KRAUTHEIM SAMUEL G. CLOUD BE AN ASSISTANT SECRETARY OF TRANSPORTATION, ERIC A. NELSON JAMES C. CONNAUGHTON VICE SIMON CHARLES GROS. ERIK J. NELSON ROBERT W. CRAIGGRAY DEPARTMENT OF THE TREASURY MICHAEL J. PASTON MIKI M. CRANE JOSEPH P. PELLETIER PAUL F. CRAWFORD, JR. ALAN B. KRUEGER, OF NEW JERSEY, TO BE AN ASSIST- THOMAS R. PIAZZA PETER G. CRAWLEY ANT SECRETARY OF THE TREASURY, VICE PHILLIP L. HEATHER R. PICKETT ERIC P. CRITCHLEY SWAGEL, RESIGNED. TRACY L. POPEY SCOTT M. CUMMIS JERRY W. PRATT JEAN F. CYRIAQUE DEPARTMENT OF HOMELAND SECURITY ANTHONY M. PROPST MICHAEL R. DAVIS JOHN MORTON, OF VIRGINIA, TO BE AN ASSISTANT SEC- JAMES R. RICK ANTONIO J. DELGADO RETARY OF HOMELAND SECURITY, VICE JULIE L. STEPHEN P. ROBERTS BRIAN L. DELMONACO MYERS, RESIGNED. CHRISTOPHER G. SCHARENBROCK ALAN J. DELOSSANTOS JANET C. SHAW JAMES A. DOMBROWSKI DEPARTMENT OF DEFENSE SARADY TAN KELLY L. DORENKOTT DONALD E. TRUMMEL CHRISTOPHER M. DRESS JAMES N. MILLER, JR., OF VIRGINIA, TO BE DEPUTY SHAWN M. VARNEY MATTHEW D. DUNCAN UNDER SECRETARY OF DEFENSE FOR POLICY, VICE DALE A. VOLQUARTSEN RORY C. DUNHAM CHRISTOPHER RYAN HENRY. APRIL C. WALTON KENNETH S. EGERSTROM IN THE AIR FORCE DANIEL C. WEAVER MATTHEW D. FAUBION JAMES W. WHELAN DOUGLAS J. FEELEY THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DANA J. WINDHORST BRADLEY J. GOEKE MENT TO THE GRADES INDICATED IN THE REGULAR AIR MICHAEL S. XYDAKIS ROBERT GONZALEZ FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): EVELINE F. YAO JAMES A. GRAHAM GREGORY B. YORK CHRISTOPHER M. GRUSSENDORF To be lieutenant colonel ROBERT S. GUERZON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE B. GOSTING CHAD A. HAMILTON TO THE GRADE INDICATED IN THE UNITED STATES AIR CHRISTIAN T. HANLEY, JR. To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: RICHARD R. HARVEY To be colonel JASON T. HAYES JOSEPH S. PARK CHRYSTAL D. HENDERSON IN THE ARMY JEFFREY L. ANDRUS BRUCE W. HESS KENNETH J. BOONE RACHEL A. HIGHT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAVID J. BOWERS ERIKA K. HILL THE UNITED STATES OFFICERS FOR APPOINTMENT TO GARY J. GERACCI CHAD M. HIVNOR

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MICHAEL G. HODGES CHRISTOPHER L. PODLIN TOBY J. GENRICH ERIC F. HOLT ALLEN M. PRATT CHRISTOPHER B. GERLACH BRANDON R. HORNE THASANAI ROONGRUANGPHOL GEORGE R. GIBSON III DELLA L. HOWELL STEVEN J. SCHMOLDT KELLY GIDUSKO CHRISTOPHER M. HUDSON ERIN M. SPEIER THOMAS O. GIFFORD SEAN L. JERSEY BRADSHAW M. STOUT SEAN C. GLASGOW ROBERT A. JESINGER MARK A. VANZANT KRISTEN R. GLASS KIMBERLY S. JOHNSON BRENT J. WALDMAN BRIAN B. GLODT KEVIN J. KAPS STERLING J. WHIPPLE CRAIG A. GOOLSBY TONY S. KIM AARON J. WHITE DANIEL W. GOWDER JEFFREY D. KUETER ANDREW P. WIGHTMAN IAN D. GREGORY MARK S. LASHELL JAESUK YOO JOHN T. HARDY PAULETTE D. LASSITER JAMES M. YOUNG BRANDE M. HARRIS CHARLES A. LEATH III STACEY E. ZAIKOSKI JAMES C. HARTLEY MAXIMILIAN S. LEE JOSHUA A. HARTMAN WILLIAM C. LEWIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW S. HAYES TREVOR D. LIM TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIAN B. HEARN JOHN C. LIN FORCE UNDER TITLE 10, U.S.C., SECTION 624: KERMIT G. HELO III JONATHAN D. LOPEZ To be major SARAH J. HENNEMANN MANUEL A. LOPEZ ANTONIO J. HERNANDEZ MICHAEL A. MADRID AMANDA J. ADAMS BERNARD A. HILDEBRAND, JR. DAVID S. MALLETTE JOSE C. AGUIRRE JESSICA D. HILDEBRAND MELVIN J. MARQUE III ANGELA M. ALBRECHT RYAN C. HILL ROBERT A. MAXEY ERIC M. ALCARAZ KIRK S. HINKLEY IV DEAN L. MAYNARD DOUGLAS R. ALFAR MATTHEW C. HOLLANDER ROBERT C. MCDONOUGH III JENNIFER A. ALFAR ROBIN A. HOLZER STEPHEN E. MESSIER JACOB A. ALLGOOD GREGORY H. HOUGH KYLE J. MICHAELIS DARIN K. ALLRED BORISLAV HRISTOV ANTHONY L. MITCHELL WILLIAM T. ALLRED MARK W. HUBBELL KRISTINA D. MONEY JOSHUA P. ALPERS DAVID J. HUME JOHN V. MONTORELLO BRENDAN C. ANZALONE JOSEPH A. HUSEMAN II THOMAS O. MOORE DAVID A. APPEL STEVEN M. INDRA KAREN L. ARNOLD REINALDO MORALES, JR. BRENT IZU BLAINE T. BAFUS MICHAEL S. MORRIS MATTHEW A. JANIGA BRUCE R. BALL ANGELA J. MORTLAND BRADLEY W. JOHNSON ADAM G. BALLS EVAN B. MOSER SCOTT R. JOHNSON HEATHER M. BARBIER TERESA D. NESSELROAD JOSHUA R. JOHNSTON AMY A. BARNES BRENDAN M. NOONE CHRISTOPHER E. JONAS BRENT B. BARNSTUBLE CATHIE T. JONES SAMIA A. OCHIA TRAVIS C. BATTS EVAN M. JONES ADEDAYO ODUNSI SARA J. BECKER GREGORY P. JONES SAMUEL T. OLATUNBOSUN RHODORA J. BECKINGER JOY K. JONES SYLVIA L. PARRA SHELLY F. BEHLEN NEIL D. JONES MICHAEL A. PECK CLAYNE BENSON KEVIN P. JUOZAPAVICIUS CLIFFORD M. PEREZ ALEXANDER L. BINGCANG PAUL D. KARTCHNER MICHAEL C. PETRO SCOTT L. BLEAZARD MARTIN P. KASZUBOWSKI THEODORE W. POPE CHRISTA B. BLECHER KATHLEEN M. KATARIYA JENNIFER L. RAVENSCROFT JEFFERY J. BLONSKY CHRISTOPHER KEIRNS STEPHEN S. REICH KORY R. BODILY PATRICK L. KELLER JOSEPH R. RICHARDS MATTHEW R. BORGMEYER BERNARD J. KELLEY TIMOTHY A. RICHTER HIMABINDU BORRA JASON A. KELLY GREGORY A. RIDDLE RICHARD K. BOWES KARIN E. KEMP MATTHEW K. RIEDESEL JASON D. BOYD STACEE M. KESSINGER KISMET T. ROBERTS TRACY K. BOZUNG SAMUEL J. KJOME JAMES B. SAMPSON RUTH BRENNER ADAM C. KOERTNER ANDRE G. SARMIENTO CASSANDRA M. BRESNAHAN CHRISTOPHER M. KOLLY CECELIA E. SCHMALBACH TIMOTHY M. BRESNAHAN JASON A. KOSKINEN GREGORY A. SCHNERINGER HEATHER M. BRIGHTHOFFMEYER MICHAEL J. KRIER NEIL L. SCHWIMLEY AARON S. BROCKBANK KRAIG A. KRISTOF ZAIGA K. SEARS TYSON C. BROWN KIMBERLYANN M. KROSS ROBERT M. SHIDELER WILLIAM E. BROWN JUAN C. LACAYO RICHARD A. SORENSEN CHRISTOPHER W. BUNT MARY K. LAFFERTY RENEE V. SPITZER JEFFREY S. BURBIDGE CHRISTOPHER K. LAWLER DAVID L. STEINHISER II STEVEN K. BURKHEAD EDGAR L. LECLAIRE MATTHEW R. TALARCZYK NEAL C. BUSK CHRISTOPHER J. LINBERG PERLITA K. TAM LORI A. CALOIA BRETT E. LINCK LINDA P. THOMAS CHAD C. CARTER CHRISTOPHER J. LINCOSKI JEFFERSON R. THURLBY DANIELLE J. CERMAK NATHAN J. LINSTROM THOMAS J. TOFFOLI ANDREW C. CHA JASON K. LOWRY RAJESH TULI JONATHAN C. CHANG BRENDAN P. LUCEY GALE T. TUPER, JR. WENDY CHAO LAURIE L. MARBAS KREANGKAI TYREE SPENCER C. CHECKETTS MICHELLE MARINO MELISSA M. TYREE MARCELLA L. CHERRY DOUGLAS M. MARTIN CEASAR A. VALLE JENNY CHOU SEAN P. MARTIN CHRISTOPHER S. WALKER DONALD S. CHRISTMAN LESLIE D. MATESICK GRAHAM W. WALLACE JARED G. CLAY DEREK M. MATHESON STEVEN R. WARD GREGORY C. CLIMACO TARA C. MAURO JOHN C. WESKE BRIAN T. COCKE JOHN J. MAXEY MARIE J. WESTPHAL CHARLES B. COFFMAN TIMOTHY J. MCDONALD STEVEN E. WHITMARSH JASON M. COGDILL BRADLEY A. MCGREGOR JAMES F. WIEDENHOEFER ADAM J. COLE RYAN C. MCHUGH CAROLYN A. WILD ANGELIQUE N. COLLAMER NECIA M. MCREE JON P. WINKLER MARIA A. CONLEY SAMUEL M. MEDARIS JOHN R. WITHEROW CHAD E. CONNOR JOHN N. MELANDER RAMON YAMBOARIAS WENDY I. CONWAY DAVID C. MILLER GABRIEL ZIMMERER CHANTAL COUSINEAUKRIEGER CHRISTINE A. MIRABAL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARLTON J. COVEY JAMES D. MITCHELL TO THE GRADE INDICATED IN THE UNITED STATES AIR CRISTALLE A. COX OKENY D. MODI FORCE UNDER TITLE 10, U.S.C., SECTION 624: KEVIN M. CRAWFORD BENJAMIN MONSON To be major TERESA A. CRUTCHLEY KEITH A. MONTGOMERY JULIA CUERVO GLENVILLE G. MORTON THOMAS J. BAUER EDITH M. CULLEN ANDREW E. MUCK GREGORY BELL JOHN R. CUNNINGHAM LEIGH A. MUELLER RHETT B. CASPER BRANDON J. CUTLER MICHAEL W. MUNAGIAN JAMES K. CULLEN DERRICK R. DARNSTEADT RANDY M. NAIDOO JULIE C. DAMBLY BETHANY J. DERHODES STEFANIE M. NANCE MICHAEL W. DUERS JOSEPHINE DEGUZMAN KELLY E. NATION RORY B. FREDERICK DILLARD L. DEHART III MOLLY J. NELSEN SCOTT F. GRUWELL CHRISTIAN A. DEVAUX SUZIE C. NELSON MICHAEL L. HETSKO STEFANI L. DIEDRICH CRAIG L. NERBY PAULA K. HOANG DOUGLAS M. DOWNEY ADAKU N. NJOKU MATTHEW M. HUFFAKER JAMES T. DUNLAP CATHERINE E. NOBLE BETH L. JABLONOWSKI JENNIFER E. DUNLAVY CADE M. NYLUND THEODORE M. JACKSON MEGAN E. DURHAM DANIEL T. OCONNOR JOANNA B. JAMINSKA ANDREW B. EBERT DAVID M. OLDHAM NEAL B. JONES LANCE D. EDMONDS MICHELLE M. OLDS JINYOUNG KIM BRIAN C. EPPRIGHT DARON E. OLMSTED MISUKE KIM MATTHEW R. ESKRIDGE MICHAEL P. OREJUDOS MARCUS P. KROPF NATHAN R. EVANS LEE F. OZAETA BRENDAN M. LANE KRISTIN E. EVEARITT CASEY L. PARINI WENDY D. LOBRE SARAH A. FACKLER STEPHEN M. PAULSON AMBER M. MACIAS ELEANOR C. FAHERTY EMILY N. PAVLIK BLAKE E. MOORE ROBERT J. FELIX HEATHER R. PECK VARUN K. NARULA BRIAN M. FITZGERALD PETER P. PELLEGRINO ALAN K. NEAL JASON A. FOLTZ JASON M. PFLUKE PATRICK B. PARSONS JONATHAN R. FUNK REBECCA A. PIOTROWSKI JAMES M. PIPER II BRUCE J. GARDNER II MARK I. POGEMILLER

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BHARATH POLA ELIZABETH L. SOMSEL SANDY K. YIP DAMIEN C. POWELL SAMUEL A. SPEAR ALBERT S. YU JOHN W. POWELL JAMES T. STEEN PHILIP Y. ZHUO VIDHYA PRAKASH DANIEL A. STEIGELMAN DON L. ZUST, JR. KELLY A. PRICE ALLEN I. STERING SHAY L. PRICE GREGORY M. STROUP IN THE NAVY CHAD A. PRIOR TERESA L. STUMP THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANCISCO J. RAMIREZ BRYAN D. SZALWINSKI IN THE GRADE INDICATED IN THE UNITED STATES NAVY BENJAMIN L. RAWSON KENJI L. TAKANO UNDER TITLE 10, U.S.C., SECTION 5589: JOEL A. REYES TRAVIS C. TAYLOR ELIZABETH M. REYNOSO SHANNA C. TENCLAY To be lieutenant commander ERIK J. RICHARDSON KAROLYN M. TEUFEL MICHAEL J. RIGGALL WILLIAM TOTH GREGORY G. GALYO RICHARD J. ROBINS DONALD J. TRAVER OLIVER C. MINIMO DAVID M. ROSS II PHUONG C. TRUONG VANCE M. ROTHMEYER VIRGINIA A. UNDERWOOD NAPOLEON P. ROUX III JENNIFER S. VANNESS f AARON M. RUBIN KENNETH W. VAWTER MICHAEL A. SACCOCCI MARK VISHNEPOLSKY BRIAN S. SAKAMOTO TIM N. VU CONFIRMATIONS MEREDITH A. SARDA ALICIA T. WAITS MICHAEL R. SAVONA BRIAN M. WATERS Executive nominations confirmed by MATTHEW R. SCHMITZ JASON M. WEBB the Senate, Tuesday, March 10, 2009: FAYE B. SERKIN LISA M. WEEKS JENNIFER A. SEXTON JACOB M. WESSLER EXECUTIVE OFFICE OF THE PRESIDENT RYAN C. SHEFFIELD ROBB J. WIEGAND JEREMY M. SIKORA SAMANTHA L. WIEGAND AUSTAN DEAN GOOLSBEE, OF ILLINOIS, TO BE A MEM- KAREN SKY NED L. WILLIAMS BER OF THE COUNCIL OF ECONOMIC ADVISERS. CHRISTINE A. SMETANA PETER M. WILLIAMS CECILIA ELENA ROUSE, OF CALIFORNIA, TO BE MEM- JESSICA K. SMYTH SCOTT A. WILTZ BER OF THE COUNCIL OF ECONOMIC ADVISERS. DUSTIN M. SNELLING VANESSA W. WONG THE ABOVE NOMINATIONS WERE APPROVED SUBJECT CHARLES J. SNOW CURTIS J. WOZNIAK TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- MARCUS S. SNYDER STEPHANIE M. WRIGHT QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MALCOLM J. SOLLEY FI A. YI CONSTITUTED COMMITTEE OF THE SENATE.

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