S4268 CONGRESSIONAL RECORD — SENATE April 2, 2009 The PRESIDING OFFICER. Is there (Purpose: To protect workers from signifi- STABENOW, who had the time in opposi- objection? cant job loss by providing a point of order tion, I wish to indicate that what the Mr. CONRAD. Mr. President, reserv- against climate change or similar legisla- Senator is talking about is not part of ing the right to object, if we could have tion that raises Federal revenues to such the chairman’s mark. The chairman’s an extent that it causes significant job loss the attention of the Members so we can in manufacturing- or coal-dependent U.S. mark provides an energy initiatives re- explain what we are trying to do. I say regions such as the Midwest, Great Plains serve fund. It is entirely up to the com- to Senator BOND, yours will be the first or South) mittees of jurisdiction what legislation vote when we come back. I say to col- On page 68, after line 4, insert the fol- they write to reduce our dependence on leagues, we need to take a break to try lowing: foreign energy, to deal with global cli- to put together a managers’ package SEC.lll. POINT OF ORDER AGAINST LEGISLA- mate change. This resolution makes and determine the final amendments TION THAT CAUSES SIGNIFICANT absolutely no determination about that require a vote. That will take a JOB LOSS. what those committees will report. The (a) IN GENERAL.—After a concurrent reso- little bit of time to best organize so we lution on the budget is agreed to, it shall not effect of this amendment, to me, is a do not waste everyone’s time. In addi- be in order in the Senate to consider any nullity because it is creating a budget tion, some people have not had a break bill, resolution, amendment between Houses, point of order against something that who have not eaten. They have not had motion, or conference report that— does not exist in the chairman’s mark. any breaks since 11 o’clock this morn- (1) would cause revenues to be more than I ask my colleagues to oppose this ing, especially the staff. We wish to the level of revenues set forth for that first amendment, on behalf of Senator fiscal year or for the total of that fiscal year emphasize we need to take this 45- STABENOW. and the ensuing fiscal years in the applicable Mr. BOND. Will the Senator yield? minute break. resolution for which allocations are provided Members who have multiple amend- under section 302(a) of the Congressional The PRESIDING OFFICER. The Sen- ments, at least with respect to our Budget Act of 1974, and (2) would cause sig- ator’s time has expired. side, are going to have a much better nificant job loss in manufacturing- or coal- The question is on agreeing to the chance getting some amendment ac- dependent regions of the United States such amendment. cepted if they are a little reasonable on as the Midwest, Great Plains or South. The yeas and nays were previously (b) SUPERMAJORITY WAIVER and APPEAL.— their other amendments; in other ordered. (1) WAIVER.—This section may be waived or The clerk will call the roll. words, prioritize, please. Let’s try to suspended in the Senate only by an affirma- The legislative clerk called the roll. work down. Some people have six tive vote of three-fifths of the Members, duly Mr. DURBIN. I announce that the amendments remaining. We need to try chosen and sworn. Senator from Massachusetts (Mr. KEN- to prioritize. During this period, if peo- (2) APPEAL.—An affirmative vote of three- fifths of the Members, duly chosen and NEDY) is necessarily absent. ple who have remaining amendments The result was announced—yeas 54, can come to us and tell us what are sworn, shall be required in the Senate to sus- tain an appeal of the ruling of the Chair on nays 44, as follows: their priorities; we can’t do them all. a point of order raised under this section. [Rollcall Vote No. 142 Leg.] I thank the Chair and yield the floor. Mr. BOND. Mr. President, I ask for YEAS—54 We will resume at 6 o’clock. the yeas and nays. Alexander Dorgan Martinez The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a Barrasso Ensign McCain objection, the Senate stands in recess sufficient second? There appears to be. Baucus Enzi McConnell until 6 o’clock. The yeas and nays were ordered. Bayh Feingold Murkowski Thereupon, the Senate, at 5:19 p.m., Bennett Graham Nelson (NE) The PRESIDING OFFICER. The Sen- Bond Grassley Pryor recessed until 6:01 p.m. and reassem- ator from Missouri is recognized. Brownback Gregg Risch bled when called to order by the Pre- Mr. BOND. Mr. President, this Bunning Hagan Roberts siding Officer (Mr. REID). amendment provides a new point of Burr Hatch Rockefeller Byrd Hutchison Sessions order to prevent climate change legis- Chambliss Inhofe Shelby f lation from raising more revenue than Coburn Isakson Snowe in the resolution, killing jobs in the Cochran Johanns Specter coal and manufacturing-dependent re- Collins Kohl Tester CONGRESSIONAL BUDGET FOR Corker Kyl Thune THE UNITED STATES GOVERN- gions of the United States, such as the Cornyn Landrieu Vitter MENT FOR FISCAL YEAR 2010— Midwest, the Great Plains, and the Crapo Lincoln Voinovich DeMint Lugar Wicker Continued South. There is no question climate change NAYS—44 Mr. CONRAD. Mr. President, I sug- legislation will raise trillions of dollars Akaka Gillibrand Murray gest the absence of a quorum. in Federal revenue through its Govern- Begich Harkin Nelson (FL) The PRESIDING OFFICER. The ment auction of carbon allowances. Bennet Inouye Reed clerk will call the roll. President Obama said ‘‘electricity Bingaman Johnson Reid Boxer Kaufman The legislative clerk proceeded to rates would necessarily skyrocket.’’ Sanders Brown Kerry Schumer call the roll. This new energy tax will kill jobs in Burris Klobuchar Shaheen Mr. BOND. Mr. President, I ask unan- energy-intensive sectors such as manu- Cantwell Lautenberg Stabenow Cardin Leahy imous consent that the order for the Udall (CO) facturing, auto assembly, steel, ce- Carper Levin Udall (NM) quorum call be rescinded. ment, plastics, glass, and fertilizer. Casey Lieberman Warner The PRESIDING OFFICER (Mr. BEN- Experts predicted last year’s Conrad McCaskill Webb NET). Without objection, it is so or- Lieberman-Warner cap-and-trade bill Dodd Menendez Durbin Merkley Whitehouse dered. would have killed 3 million to 4 million Feinstein Mikulski Wyden AMENDMENT NO. 926 jobs. The Northeast and west coast will avoid the full impacts because they NOT VOTING—1 Mr. BOND. Mr. President, I call up Kennedy amendment No. 926 and ask for its im- rely on lower carbon natural gas to mediate consideration. generate electricity. However, climate The amendment (No. 926) was agreed The PRESIDING OFFICER. The legislation will hit hard the coal and to. clerk will report. manufacturing-dependent Midwest, Mr. REID. I move to reconsider the vote, and I move to lay that motion on The legislative clerk read as follows: Great Plains, and South. I ask my colleagues to protect our the table. The Senator from Missouri [Mr. BOND] pro- workers by supporting this amend- The motion to lay on the table was poses an amendment numbered 926. ment. agreed to. Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- Mr. REID. I suggest the absence of a imous consent that the reading of the ator’s time has expired. quorum. amendment be dispensed with. The Senator from North Dakota is The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without recognized. BEGICH). The clerk will call the roll. objection, it is so ordered. Mr. CONRAD. Mr. President, on be- The legislative clerk proceeded to The amendment is as follows: half of the Senator from Michigan, Ms. call the roll.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.082 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4269 Mr. CONRAD. Mr. President, I ask On page 10, line 3, decrease amount by On page 19, line 3, decrease amount by unanimous consent that the order for $114,000,000. $29,963,000,000. the quorum call be rescinded. On page 10, line 4, decrease amount by On page 19, line 4, decrease amount by The PRESIDING OFFICER. Without $114,000,000. $29,963,000,000. On page 10, line 7, decrease amount by On page 19, line 7, decrease amount by objection, it is so ordered. $50,000,000. $4,011,000,000. Mr. CONRAD. Mr. President, the next On page 10, line 8, decrease amount by On page 19, line 8, decrease amount by amendment to be dealt with is Bennett $50,000,000. $4,011,000,000. amendment No. 954. On page 11, line 25, decrease amount by On page 19, line 10, decrease amount by The PRESIDING OFFICER. The Sen- $1,095,000,000. $262,000,000. ator from Utah. On page 12, line 1, decrease amount by On page 19, line 11, decrease amount by $1,095,000,000. $262,000,000. AMENDMENT NO. 954, AS MODIFIED On page 12, line 4, decrease amount by On page 20, line 3, decrease amount by Mr. BENNETT. Mr. President, I call $750,000,000. $6,421,000,000. up amendment 954, as modified. On page 12, line 5, decrease amount by On page 20, line 4, decrease amount by The PRESIDING OFFICER. The $750,000,000. $6,421,000,000. clerk will report. On page 12, line 8, decrease amount by On page 20, line 7, decrease amount by The legislative clerk read as follows: $174,000,000. $3,157,000,000. On page 12, line 9, decrease amount by On page 20, line 8, decrease amount by The Senator from Utah [MR. BENNETT] pro- poses an amendment numbered 954, as modi- $174,000,000. $3,157,000,000. On page 12, line 12, decrease amount by On page 20, line 11, decrease amount by fied. $63,000,000. $842,000,000. The amendment is as follows: On page 12, line 13, decrease amount by On page 20, line 12, decrease amount by (Purpose: To save the American taxpayer $63,000,000. $842,000,000. over $150,000,000,000 by adjusting spending On page 13, line 25, decrease amount by On page 20, line 15, decrease amount by levels beyond fiscal year 2010 to com- $13,760,000,000. $183,000,000. pensate for spending from the stimulus bill On page 14, line 1, decrease amount by On page 20, line 16, decrease amount by in the corresponding fiscal years) $13,760,000,000. $183,000,000. On page 4, line 15, decrease amount by On page 14, line 4, decrease amount by On page 23, line 3, decrease amount by $76,325,000,000. $11,759,000,000. $133,000,000. On page 4, line 16, decrease amount by On page 14, line 5, decrease amount by On page 23, line 4, decrease amount by $38,065,000,000. $11,759,000,000. $133,000,000. On page 4, line 17, decrease amount by On page 14, line 8, decrease amount by On page 23, line 7, decrease amount by $22,872,000,000. $7,728,000,000. $150,000,000. On page 4, line 18, decrease amount by On page 14, line 9, decrease amount by On page 23, line 8, decrease amount by $12,787,000,000. $7,728,000,000. $150,000,000. On page 4, line 24, decrease amount by On page 14, line 12, decrease amount by On page 23, line 11, decrease amount by $76,325,000,000. $5,419,000,000. $150,000,000. On page 4, line 25, decrease amount by On page 14, line 13, decrease amount by On page 23, line 12, decrease amount by $38,065,000,000. $5,419,000,000. $150,000,000. On page 5, line 1, decrease amount by On page 14, line 25, decrease amount by On page 24, line 3, decrease amount by $22,872,000,000. $5,685,000,000. $297,000,000. On page 5, line 2, decrease amount by On page 14, line 1, decrease amount by On page 24, line 4, decrease amount by $12,787,000,000. $5,685,000,000. $297,000,000. On page 5, line 8, decrease amount by On page 14, line 4, decrease amount by On page 24, line 7, decrease amount by $76,325,000,000. $4,111,000,000. $133,000,000. On page 5, line 9, decrease amount by On page 14, line 4, decrease amount by On page 24, line 8, decrease amount by $38,065,000,000. $4,111,000,000. $133,000,000. On page 5, line 10, decrease amount by On page 15, line 8, decrease amount by On page 25, line 3, decrease amount by $22,872,000,000. $2,286,000,000. $848,000,000. On page 5, line 11, decrease amount by On page 15, line 9, decrease amount by On page 25, line 4, decrease amount by $12,787,000,000. $2,286,000,000. $848,000,000. On page 5, line 18, decrease amount by On page 15, line 12, decrease amount by On page 25, line 7, decrease amount by $76,325,000,000. $468,000,000. $649,000,000. On page 5, line 19, decrease amount by On page 15, line 13, decrease amount by On page 25, line 8, decrease amount by $114,390,000,000. $468,000,000. $649,000,000. On page 5, line 20, decrease amount by On page 15, line 25, decrease amount by On page 25, line 11, decrease amount by $137,262,000,000. $5,584,000,000. $750,000,000. On page 5, line 21, decrease amount by On page 16, line 1, decrease amount by On page 25, line 12, decrease amount by $150,049,000,000. $5,584,000,000. $750,000,000. On page 6, line 1, decrease amount by On page 16, line 4, decrease amount by On page 26, line 3, decrease amount by $76,325,000,000. $4,284,000,000. $1,400,000,000. On page 6, line 2, decrease amount by On page 16, line 5, decrease amount by On page 26, line 4, decrease amount by $114,390,000,000. $4,284,000,000. $1,400,000,000. On page 6, line 3, decrease amount by On page 16, line 8, decrease amount by On page 26, line 7, decrease amount by $137,262,000,000. $3,047,000,000. $1,196,000,000. On page 6, line 4, decrease amount by On page 16, line 9, decrease amount by On page 26, line 8, decrease amount by $150,049,000,000. $3,047,000,000. $1,196,000,000. On page 9, line 24, decrease amount by On page 16, line 12, decrease amount by On page 26, line 11, decrease amount by $960,000,000. $531,000,000. $1,024,000,000. On page 9, line 25, decrease amount by On page 16, line 13, decrease amount by On page 26, line 12, decrease amount by $960,000,000. $531,000,000. $1,024,000,000. On page 10, line 3, decrease amount by On page 16, line 25, decrease amount by On page 26, line 15, decrease amount by $634,000,000. $8,785,000,000. $504,000,000. On page 10, line 4, decrease amount by On page 17, line 1, decrease amount by On page 26, line 16, decrease amount by $634,000,000. $8,785,000,000. $504,000,000. On page 10, line 7, decrease amount by On page 17, line 4, decrease amount by On page 27, line 3, decrease amount by $277,000,000. $7,035,000,000. $857,000,000. On page 10, line 8, decrease amount by On page 17, line 5, decrease amount by On page 27, line 4, decrease amount by $277,000,000. $7,035,000,000. $857,000,000. On page 10, line 11, decrease amount by On page 17, line 8, decrease amount by On page 27, line 7, decrease amount by $104,000,000. $6,052,000,000. $457,000,000. On page 10, line 12, decrease amount by On page 17, line 9, decrease amount by On page 27, line 8, decrease amount by $104,000,000. $6,052,000,000. $457,000,000. On page 10, line 24, decrease amount by On page 17, line 12, decrease amount by On page 27, line 11, decrease amount by $162,000,000. $5,422,000,000. $230,000,000. On page 10, line 25, decrease amount by On page 17, line 13, decrease amount by On page 27, line 12, decrease amount by $162,000,000. $5,422,000,000. $230,000,000.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.091 S02APPT1 rfrederick on PROD1PC67 with SENATE S4270 CONGRESSIONAL RECORD — SENATE April 2, 2009 On page 27, line 15, decrease amount by [Rollcall Vote No. 143 Leg.] Mr. CONRAD. Mr. President, we need $93,000,000. YEAS—42 to alert colleagues that we really need On page 27, line 16, decrease amount by Alexander DeMint McCain them, if they have amendments, to be $93,000,000. Barrasso Ensign McConnell on the floor or in the cloakroom. We Bennett Enzi Murkowski have amendments that we are ready to Mr. CONRAD. Mr. President, we have Bond Graham Nelson (NE) not seen the modification. Brownback Grassley Risch go to, but we can’t find the Senators. Mr. BENNETT. I have only one copy Bunning Gregg Roberts So let me just tell you, if we can’t find Burr Hatch Sessions the Senators, they are going to lose which I gave the clerk. We found that Chambliss Hutchison Shelby some of the numbers had been omitted. Coburn Inhofe Snowe their chance to offer their amendment. Mr. CONRAD. Mr. President, I sug- Cochran Isakson Specter We are going to give a 5-minute grace Collins Johanns Thune gest the absence of a quorum. period, but if Senators have amend- Corker Kyl Vitter ments, they have to be in a place where Cornyn Lugar Voinovich The PRESIDING OFFICER. The we can reach them. clerk will call the roll. Crapo Martinez Wicker NAYS—56 AMENDMENT NOS. 889, 881, 955, 809, 912, 794, 876, 899, The bill clerk proceeded to call the 883, 970, 820, 887, 917, 838, AND 916 roll. Akaka Feinstein Mikulski Baucus Gillibrand Murray Mr. President, we are ready to go to Mr. CONRAD. Mr. President, I ask Bayh Hagan Nelson (FL) the next managers’ package. unanimous consent that the order for Begich Harkin Pryor I ask unanimous consent that the the quorum call be rescinded. Bennet Inouye Reed managers’ package be considered en Bingaman Johnson The PRESIDING OFFICER. Without Reid bloc and agreed to en bloc. It includes Boxer Kaufman Rockefeller objection, it is so ordered. Brown Kerry Sanders the following: Klobuchar amendment Burris Klobuchar Schumer No. 889, Dorgan amendment No. 881, Mr. CONRAD. Mr. President, Senator Byrd Kohl Shaheen BENNETT can conclude his remarks. Cantwell Landrieu Dodd amendment No. 955, Brown Stabenow The PRESIDING OFFICER. The Sen- Cardin Lautenberg amendment No. 809, Begich amendment Carper Leahy Tester No. 912, Pryor amendment No. 794, Lin- ator from Utah. Udall (CO) Casey Levin coln-Snowe amendment No. 876, Lin- Mr. BENNETT. Mr. President, ac- Conrad Lieberman Udall (NM) Warner coln-Snowe amendment No. 899, Collins cording to CBO, the stimulus bill will Dodd Lincoln Dorgan McCaskill Webb amendment No. 883, Hatch amendment spend over $150 billion between fiscal Durbin Menendez Whitehouse No. 970, Enzi amendment No. 820, years 2011 and 2014. My amendment will Feingold Merkley Wyden Klobuchar amendment No. 887, remove that amount from this budget NOT VOTING—1 McCaskill amendment No. 917, Dorgan resolution because it seems to me we Kennedy amendment No. 838, and Tester amend- do not need to fund the same things ment No. 916. twice. The amendment (No. 954 was re- jected. The PRESIDING OFFICER. The By reducing the proposed spending Mr. CONRAD. Mr. President, we are Chair would like to clarify that it is amounts in the budget resolution, Con- now making significant progress on Enzi amendment No. 820? gress will be recognizing that we have putting together a managers’ package Mr. CONRAD. Enzi. That is correct. already passed money to spend in that and on putting together those amend- The PRESIDING OFFICER. Is there area. For those who say, yes, but the ments that will require a vote. We still objection? There is no objection, and it stimulus is different, we are all hoping have a certain amount of clearing to be is so ordered. that the need for stimulus will be done in order to be ready to go to those The amendments were agreed to, en passed by the time we get to 2014 and it final lists and get them locked in, but bloc, as follows: will not be stimulative but, rather, in- that work is going on right now be- AMENDMENT NO. 889 flationary. It is for that reason that I tween the two sides. (Purpose: To establish a deficit-neutral re- offer the amendment. Let me just give a status report, if I serve fund to expedite research at the De- The PRESIDING OFFICER. The Sen- could. We are down to about 55 amend- partment of Energy and the Environ- ator from North Dakota. ments. That is pretty good, given the mental Protection Agency on the viability Mr. CONRAD. Mr. President, the fact we started at 231. But 55 at 3 an of the use of higher ethanol blends at the service station pump) Senator’s amendment would eliminate hour would be another 18 hours. So the 20 percent of the economic recovery word needs to go out that we are ask- At the appropriate place in title II, insert the following: package we passed weeks ago. The Sen- ing colleagues who can withhold on SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND ator’s amendment would cut defense by amendments that they have filed to TO EXPEDITE RESEARCH ON VIABIL- over $2 billion, would cut veterans by use them for a later date. Those who ITY OF USE OF HIGHER ETHANOL over $400 million, would cut areas in would be willing to accept a voice vote, BLENDS AT SERVICE STATION PUMP. education, health, and infrastructure. if they could make certain our staffs (a) IN GENERAL.—Subject to subsection (b), the Chairman of the Committee on the Budg- If there is one thing that united this are notified of that, we will then be able to proceed in the most efficient et of the Senate may revise the allocations, body, it was investments in infrastruc- aggregates, and other levels in this resolu- ture, much of what would be cut under way possible. tion by the amounts provided by a bill, joint this amendment. Mr. President, we also should notify resolution, amendment, motion, or con- I urge my colleagues to vote no. Members that at 8 p.m., give or take a ference report that would expedite research few minutes, we intend to vote on the at the Department of Energy and the Envi- The PRESIDING OFFICER. The amendment on estate tax. That is the ronmental Protection Agency on the viabil- question is on agreeing to the amend- Lincoln-Kyl amendment. We just want ity of the use of higher ethanol blends at the ment. to give people a heads-up that the service station pump. Mr. CONRAD. I ask for the yeas and amendment will be voted on at about (b) DEFICIT NEUTRALITY.—Subsection (a) nays. applies only if the legislation described in that time—roughly 8 p.m., give or subsection (a) would not increase the deficit The PRESIDING OFFICER. Is there a take. over the period of the total of fiscal years sufficient second? With that, I suggest the absence of a 2009 through 2014 or the period of the total of There appears to be a sufficient sec- quorum. fiscal years 2009 through 2019. ond. The PRESIDING OFFICER. The AMENDMENT NO. 881 The clerk will call the roll. clerk will call the roll. (Purpose: To provide for the use of the def- The legislative clerk proceeded to The bill clerk called the roll. icit-neutral reserve fund for tax relief to call the roll. extend and expand the charitable IRA roll- Mr. DURBIN. I announce that the Mr. CONRAD. Mr. President, I ask over) Senator from Massachusetts (Mr. KEN- unanimous consent that the order for On page 38, line 19, insert ‘‘, such as en- NEDY) is necessarily absent. the quorum call be rescinded. hanced charitable giving from individual re- The result was announced—yeas 42, The PRESIDING OFFICER. Without tirement accounts, including life-income nays 56, as follows: objection, it is so ordered. gifts,’’ before ‘‘or refundable tax relief’’.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.082 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4271

AMENDMENT NO. 955 committees, aggregates, and other appro- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND (Purpose: To increase funding for the Mater- priate levels and limits in this resolution for TO IMPROVE ANIMAL HEALTH AND DISEASE PROGRAM. nal and Child Health Block Grant within one or more bills, joint resolutions, amend- (a) IN GENERAL.—Subject to subsection (b), the Health Resources and Services Admin- ments, motions, or conference reports that the Chairman of the Committee on the Budg- istration by $188 million in FY 2010) increase drug interdiction funding at the De- partment of Homeland Security to combat et of the Senate may revise the allocations, On page 19, line 24, increase the amount by drug smuggling across international borders aggregates, and other levels in this resolu- $188,000,000. by the amounts provided in such legislation tion by the amounts provided by a bill, joint On page 19, line 25, increase the amount by for those purposes, provided that such legis- resolution, amendment, motion, or con- $56,000,000. lation would not increase the deficit over ei- ference report that would ensure that the On page 20, line 4, increase the amount by ther the period of the total of fiscal years animal health and disease program estab- $81,000,000. 2009 through 2014 or the period of the total of lished under section 1433 of the National Ag- On page 20, line 8, increase the amount by fiscal years 2009 through 2019. ricultural Research, Extension, and Teach- $34,000,000. ing Policy Act of 1977 (7 U.S.C. 3195) is fully On page 20, line 12, increase the amount by AMENDMENT NO. 876 (Purpose: To ensure that health coverage is funded. $13,000,000. (b) DEFICIT NEUTRALITY.—Subsection (a) affordable to small businesses and individ- On page 27 line 23, decrease the amount by applies only if the legislation described in uals who are self-employed) $188,000,000. subsection (a) would not increase the deficit On page 27, line 24, decrease the amount by On page 30, line 10, strike ‘‘, households’’ over the period of the total of fiscal years $56,000,000. and insert ‘‘(in particular to small business 2009 through 2014 or the period of the total of On page 28, line 3, decrease the amount by and individuals who are self-employed), fiscal years 2009 through 2019. $81,000,000. households’’. AMENDMENT NO. 887 On page 28, line 7, decrease the amount by AMENDMENT NO. 899 $34,000,000. (Purpose: To provide for a deficit-neutral re- (Purpose: To establish a deficit-neutral re- On page 28, line 11, decrease the amount by serve fund to promote individual savings serve fund to promote payment policies $13,000,000. and financial security, and for other pur- under the Medicare program that reward quality and efficient care and address geo- AMENDMENT NO. 809 poses) graphic variations in spending) (Purpose: To modify the deficit-neutral re- At the appropriate place, insert the fol- serve fund for Clean Energy to create jobs lowing: On page 32, line 10, after ‘‘increases;’’ in- and strengthen American manufacturing SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO sert ‘‘or’’ and the following: competitiveness by establishing clean re- PROMOTE INDIVIDUAL SAVINGS AND (4) promote payment policies under the newable energy manufacturing supply FINANCIAL SECURITY. Medicare program that reward quality and chains) The chairman of the Committee on the efficient care and address geographic vari- Budget of the Senate may revise the aggre- ations in spending; On page 33, line 2, after ‘‘development,’’, gates, allocations, and other appropriate lev- insert ‘‘strengthen and retool manufacturing AMENDMENT NO. 917 els in this resolution for one or more bills, supply chains,’’. (Purpose: To expand the matters covered by joint resolutions, amendments, motions, or the deficit-neutral reserve fund for defense AMENDMENT NO. 912 conference reports that promote financial se- acquisition and contracting reform) (Purpose: To include in the deficit-neutral curity through financial literacy, retirement reserve fund for America’s veterans and planning, and savings incentives, including On page 43, after line 24, add the following: wounded servicemembers funding author- individual development accounts and child (4) reduce the award of contracts to con- ity for retirement benefits for members of savings accounts, provided that such legisla- tractors with seriously delinquent tax debts; the Alaska Territorial Guard who served tion does not increase the deficit over either (5) reduce the use of contracts, including during and after World War II) the period of the total fiscal years 2009 the continuation of task orders, awarded under the Logistics Civil Augmentation Pro- On page 41, line 24, insert after ‘‘Indemnity through 2014 or the period of the total fiscal years 2009 through 2019. gram (LOGCAP) III; Compensation,’’ the following: ‘‘provide for (6) reform Department of Defense processes AMENDMENT NO. 883 the payment of retired pay for members of for acquiring services in order to reduce the Alaska Territorial Guard who served in (Purpose: To ensure that the deficit-neutral costs, improve costs and schedule esti- the Alaska Territorial Guard during and reserve fund for higher education may be mation, enhance oversight, or increase the after World War II,’’. used for Federal TRIO programs and Gain- rigor of reviews of programs that experience AMENDMENT NO. 794 ing Early Awareness and Readiness for Un- critical cost growth; dergraduate Programs) (Purpose: To establish deficit-neutral reserve (7) reduce the use of contracts for acquisi- funds to enhance and coordinate drug con- On page 34, line 13, insert ‘‘such as by in- tion, oversight, and management support trol efforts among Federal, State, and vesting in programs such as the programs services; or local law enforcement agencies through under chapters 1 and 2 of subpart 2 of part A (8) enhance the capability of auditors and the expansion of the High Intensity Drug of title IV of the Higher Education Act of inspectors general to oversee Federal acqui- Trafficking Areas program and increased 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et sition and procurement; seq.),’’ after ‘‘students,’’. drug interdiction funding at the Depart- AMENDMENT NO. 838 AMENDMENT NO. 970 ment of Homeland Security) (Purpose: To ensure full funding for Adam (Purpose: To establish a deficit-neutral re- On page 49, between lines 3 and 4, insert Walsh Act programs, with an offset) the following: serve fund to support the National Health Service Corps) On page 24, line 24, increase the amount by SEC. lll. DEFICIT-NEUTRAL RESERVE FUNDS $23,000,000. On page 49, between lines 3 and 4, insert TO ENHANCE DRUG-CONTROL EF- On page 24, line 25, increase the amount by the following: FORTS WITHIN OUR COMMUNITIES $16,000,000. AND ALONG OUR BORDERS. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR On page 25, line 4, increase the amount by (a) HIDTA.—The Chairman of the Senate THE NATIONAL HEALTH SERVICE CORPS. $4,000,000. Committee on the Budget may revise the al- On page 25, line 8, increase the amount by locations of a committee or committees, ag- The Chairman of the Senate Committee on the Budget may revise the allocations of a $2,000,000. gregates, and other appropriate levels and On page 25, line 12, increase the amount by limits in this resolution for one or more committee or committees, aggregates, and other appropriate levels and limits in this $1,000,000. bills, joint resolutions, amendments, mo- On page 27, line 23, decrease the amount by tions, or conference reports that increase the resolution for one or more bills, joint resolu- tions, amendments, motions or conference $23,000,000. number of counties designated as High Inten- On page 27, line 24, decrease the amount by sity Drug Trafficking Areas to provide co- reports that provide the National Health Service Corps with $235,000,000 for fiscal year $16,000,000. ordination, equipment, technology, and addi- On page 28, line 3, decrease the amount by tional resources to combat drug trafficking 2010, by the amount provided in that legisla- tion for those purposes, provided that such $4,000,000. and its harmful consequences in critical re- On page 28, line 7, decrease the amount by gions of the United States by the amounts legislation would not increase the deficit over either the period of the total for fiscal $2,000,000. provided in such legislation for those pur- years 2009 through 2014 or the period of the On page 28, line 11, decrease the amount by poses, provided that such legislation would total for fiscal years 2009 through 2019. $1,000,000. not increase the deficit over either the pe- AMENDMENT NO 916 riod of the total of fiscal years 2009 through AMENDMENT NO. 820 2014 or the period of the total of fiscal years (Purpose: To establish a deficit-neutral re- (Purpose: To increase funding for veterans 2009 through 2019. serve fund to improve the animal health beneficiary travel reimbursement mileage (b) DRUG SMUGGLING.—The Chairman of and disease program) rate, with an offset) the Senate Committee on the Budget may At the appropriate place in title II, insert On page 23, line 24, increase the amount by revise the allocations of a committee or the following: $133,000,000.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.078 S02APPT1 rfrederick on PROD1PC67 with SENATE S4272 CONGRESSIONAL RECORD — SENATE April 2, 2009 On page 23, line 25, increase the amount by my colleague Senator LINCOLN. Our bi- coverage this year, it will fully con- $133,000,000. partisan amendment would simply sider the issue of small business health On page 27, line 23, decrease the amount by clarify that a deficit-neutral reserve insurance reform. $133,000,000. On page 27, line 24, decrease the amount by that would transform the health sys- AMENDMENT NO. 899 $133,000,000. tem will specifically address the needs I rise as a cosponsor to support of small businesses and the self-em- AMENDMENT NO. 881 amendment No. 899 introduced by my ployed. More than half—52 percent—of Mr. GRASSLEY. Mr. President, I rise colleague Senator BLANCHE LINCOLN our nation’s uninsured either work for to express my concerns about the Dor- that creates a deficit neutral reserve a small business or are dependent on gan-Snow amendment No. 881. fund to promote financial security someone who does. Yet remarkably, The IRA rollover was first enacted as through financial literacy, retirement this budget resolution fails to even temporary provision in the Pension planning, and savings incentives, in- mention the crucial priority of small Protection Act which I championed in cluding individual development ac- business health insurance reform. 2006. Rollovers to grant-making chari- counts and child savings accounts. I As former chair and now ranking table organizations with some element am proud that we have worked to- member of the Senate Committee on of donor control, such as private foun- gether on the issue of financial secu- Small Business and Entrepreneurship, dations, donor advised funds, and sup- rity and financial literacy over the last one of the top issues facing small busi- porting organizations, were specifically several years, in particular on the issue ness continues to be access to afford- prohibited. These entities were specifi- of individual development accounts, able health insurance. Since 2000, cally prohibited from receiving roll- IDAs, that will allow low-income indi- health insurance premiums have in- over funds because I wanted to make viduals to pay for education expenses, creased by 89 percent—far outpacing sure that the money would actually get first-time homebuyer costs, and busi- inflation and wage gains, and only 49 to charities doing work on the ness capitalization or expansion costs. percent of our Nation’s smallest em- I join Senator LINCOLN in support of frontlines rather than sit in a donor- ployers, with less than 10 employees, this crucial amendment because we controlled account. are now able to offer health insurance The provision has become one of the must boost savings in the United to their employees as a workplace ben- annual ‘‘tax extender’’ provisions. So States, as a sound national savings pol- efit. icy is essential to helping Americans under current law, which expires De- Further compounding the crisis, cember 31, 2009, an individual may roll- build a better future for themselves. small businesses are trapped in dys- Higher rates of saving can also over up to $100,000 from their IRA to a functional markets that possess little, public charity but not to one of the strengthen the national economy. A if any, meaningful competition among paradox of the current economic reces- prohibited entities. Amendment No. 881 insurers. Just last month, the Govern- to the budget resolution, S. Con. Res. sion is that our national savings rate ment Accountability Office released a has risen as Americans prepare for pos- 13, promotes the extension of current- report that I requested, along with law regarding IRA rollovers to charity, sible bad times ahead. Personal saving, Senators BOND, DURBIN, and LINCOLN, which I also support. as a percentage of disposable personal which highlighted an alarming trend of income, was 4.2 percent in February. It However, the amendment also pro- consolidation in the state small group motes an expansion of the provision by was 4.4 percent in January. The last insurance markets. For example, the time the saving rate exceeded 4.0 per- allowing split-interest trusts to receive combined market share of the five IRA rollover contributions. Split-inter- cent two straight months was August largest carriers represented 75 percent and September 1998, up 4.3 percent and est trusts are more worrisome than or more in 34 of 39 States surveyed, those that are currently prohibited 4.2 percent, respectively. compared to 26 States in 2005. Large in- It was more than 10 years ago the from receiving IRA rollover contribu- surers dominated over 90 percent of the last time we had a savings rate above 4 tions. These trusts allow donors to re- market in 23 States, including Maine, percent. I am glad to see it happening, tain an income stream from the con- where five insurers now control 96 per- but we need to increase education on tributed assets for a defined period. So, cent of the market. financial security so that Americans just like with donor-advised funds and The sad truth remains that small have a cushion to get through difficult supporting organizations, the contribu- business insurance markets continue economic times. I thank the new Chair- tion does not result in an immediate to lack competition among insurers. man of the Subcommittee on Social benefit to a charity actually providing No competition means higher costs, Security, Pensions and Family Policy services while the donor receives sig- and higher costs translate to no health for adding me as a cosponsor of this nificant tax benefits at the time of the insurance. amendment. contribution. That is why I will soon reintroduce, Mr. CONRAD. Mr. President, I thank The cost of extending current law with Assistant Majority Leader DURBIN all our colleagues for cooperating on through 2009 was almost $1 billion—ex- and Senator LINCOLN, the Small Busi- these managers’ packages. We are panding the IRA rollover provision to ness Health Options Program—SHOP— working to clear additional amend- allow more entities to receive them Act, a bipartisan measure that has gen- ments right now. I think at this point, would increase the cost. Before we do erated a broad array of support, includ- until Senator GREGG returns, we need that, I believe we should make sure ing NFIB, the National Association of to note the absence of a quorum. that grant-making entities, including Realtors, SEIU, AARP, and Families The PRESIDING OFFICER. The split-interest trusts, are accountable USA. Our bipartisan measure would in- clerk will call the roll. for paying out minimum amounts to ject competition into reformed state The bill clerk proceeded to call the actual charities before we allow them insurance markets, allow small busi- roll. to receive IRA rollovers. nesses and the self employed to pool to- Mr. CONRAD. Mr. President, I ask I understand that Senator DORGAN is gether nationally, and provide a tar- unanimous consent the order for the willing to work with me and my staff if geted tax credit to small business own- quorum call be rescinded. and when Senator BAUCUS and I con- ers. I firmly believe that the policies in The PRESIDING OFFICER. Without sider an expansion of the IRA rollover the SHOP Act, including fairer insur- objection, it is so ordered. provision in the Finance Committee. In ance ‘‘rating’’ rules that are not based AMENDMENT NO. 957 light of this good faith offer, I will not on an individual’s health status, must Mr. CONRAD. Mr. President, the next object to the unanimous consent re- be included in the broader health re- amendment that requires a vote is the quest for this amendment today and form debate that is underway in Con- Lautenberg amendment as it affects look forward to working with Senator gress. Amtrak. The Senator is not quite DORGAN to resolve our differences. I urge all of my colleagues on both ready. We will give him a minute to do AMENDMENT NO. 876 sides of aisle to support this non-con- that. Ms. SNOWE. Mr. President, I rise troversial amendment, which would While we are waiting, let me indicate today in support of Senate amendment clarify that when Congress passes to colleagues, we need Senators who No. 876, which I have cosponsored with broader health reform and universal have amendments to be here or to be in

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.085 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4273 the cloakroom. We have dead time here The Senator from Texas [Mr. CORNYN] pro- out behind closed doors and to act like because, for amendments that are poses an amendment numbered 934. we are being consistent and not hypo- going to require a vote, Senators who The amendment is as follows: critical. are insisting on votes are not here. (Purpose: To increase transparency by re- I understand what the chairman has That is not going to work. quiring five days of public review of legis- to do. He will do what he has to do. But We have now worked on another lation before passage by the Senate) I would like a record vote. group of amendments. Momentarily we At the appropriate place insert the fol- Mr. CONRAD. Mr. President, the will be prepared to offer another man- lowing: Senator certainly has that right. Let agers’ amendment. I remind colleagues SEC. l. REQUIREMENT THAT LEGISLATION BE me raise the germaneness point of that the estate tax amendment of Sen- AVAILABLE AND SCORED 5 DAYS BE- order. FORE A VOTE ON PASSAGE. INCOLN YL Let me ask the Parliamentarian, is ator L and Senator K will be (a) IN GENERAL.—In the Senate, it shall not voted on about 8 o’clock. We need to be in order, to vote on final passage on any the amendment of the Senator ger- keep that in mind as we plan the time. bill, joint resolution, or conference report mane? I say to the Senator, we are ready to unless the text and a budget score from the The PRESIDING OFFICER. In the accept that amendment by unanimous Congressional Budget Office of the legisla- opinion of the Chair, it is not germane. consent. If the Senator wishes to tion, are available on a publicly accessible Mr. CONRAD. I raise the germane- speak, he could, for a minute, or we Congressional website five days prior to the ness point of order. could take the amendment. vote on passage of the legislation. The PRESIDING OFFICER. Under (b) WAIVER.—This section may be waived Mr. LAUTENBERG. Mr. President, I the previous order, the question is on or suspended in the Senate only by an af- agreeing to waive the point of order. want to offer a straightforward amend- firmative vote of three-fifths of the Mem- ment that recognizes that investments bers, duly chosen and sworn. Mr. CONRAD. I ask for the yeas and in our transportation infrastructure (c) APPEALS.—An affirmative vote of three- nays. system must be a priority for our coun- fifths of the Members of the Senate, duly The PRESIDING OFFICER. Is there a try. The amendment would simply add chosen and sworn, shall be required to sus- sufficient second? transportation, including passenger tain an appeal of the ruling of the Chair on There appears to be a sufficient sec- and freight rail, as an eligible project a point of order raised under this section. ond. The clerk will call the roll. under the ‘‘Investments in America’s Mr. CORNYN. Mr. President, my The legislative clerk called the roll. Infrastructure’’ reserve fund. It is al- amendment would pose a 60-vote point Mr. DURBIN. I announce that the ready included in the budget. of order against a bill that had not Senator from Massachusetts (Mr. KEN- Our highways and skyways are so been made available for public review NEDY) is necessarily absent. congested and crowded that passengers along with the score of the Congres- The PRESIDING OFFICER. Are there and freight are routinely delayed. The sional Budget Office on a congressional any other Senators in the Chamber de- estimates show these problems will Web site for at least 5 days. siring to vote? The yeas and nays resulted—yeas 46, only get worse with the growth of As everyone will recall, the President nays 52, as follows: freight traffic, expected to double its himself said this was his goal, to offer size by 2025. Railroads are the one greater transparency, hence greater ac- [Rollcall Vote No. 144 Leg.] mode of transportation that can grow countability, and thus instill greater YEAS—46 to help alleviate the congestion. confidence in the people and their Gov- Alexander Ensign McCaskill Amtrak needs more and better pas- ernment. Unfortunately, that pledge Barrasso Enzi McConnell has been violated more times than it Bayh Graham Murkowski senger and freight rail service. I ask Bennett Grassley Nelson (NE) support for this amendment. has been honored, and in our rush to Bond Gregg Risch I call up the amendment and ask for pass the stimulus bill that was cir- Brownback Hatch Roberts its immediate consideration, amend- culated—the conference report—at 11 Bunning Hutchison Sessions Burr Inhofe Shelby ment No. 957. o’clock on a Thursday night, we were Chambliss Isakson Snowe required to vote on it less than 24 hours Coburn Johanns The legislative clerk read as follows: Specter Cochran Klobuchar The Senator from New Jersey [Mr. LAU- later and thus the uproar over the AIG Thune Collins Kyl TENBERG] proposes an amendment numbered bonuses ensued because, frankly, Mem- Corker Landrieu Vitter 957. bers of the Senate did not know what Cornyn Lugar Voinovich The amendment is as follows: they were voting on and could not Crapo Martinez Wicker DeMint McCain (Purpose: To include funding for freight and know what they were voting on with- passenger rail in the deficit-neutral re- out this kind of transparency. NAYS—52 serve fund for investments in America’s in- I commend this to my colleagues. It Akaka Feinstein Nelson (FL) frastructure) is consistent with what the President Baucus Gillibrand Pryor On page 35, line 18, insert ‘‘transportation, has advocated and I think it is a good Begich Hagan Reed Bennet Harkin Reid including freight and passenger rail,’’ after way to do business. Bingaman Inouye ‘‘energy, water,’’. Rockefeller Mr. CONRAD. Mr. President, I would Boxer Johnson Sanders The PRESIDING OFFICER. Is there ask the Senator from Texas, would he Brown Kaufman Schumer Burris Kerry Shaheen further debate? be willing to allow us to take this on a Byrd Kohl Stabenow Mr. CONRAD. Mr. President, we are voice vote or by unanimous consent? Cantwell Lautenberg Tester prepared to take that amendment. Cardin Leahy Mr. CORNYN. I would say to the dis- Udall (CO) The PRESIDING OFFICER. The tinguished chairman of the Budget Carper Levin Casey Lieberman Udall (NM) question is on agreeing on the amend- Committee, I have three amendments Conrad Lincoln Warner ment. which I have on the dock. This is the Dodd Menendez Webb The amendment (No. 957) was agreed only one of those three that I would Dorgan Merkley Whitehouse to. Durbin Mikulski Wyden like to have a record vote on. Feingold Murray AMENDMENT NO. 934 Mr. CONRAD. Can I put this another Mr. CONRAD. Mr. President, Senator way? This amendment is not germane. NOT VOTING—1 CORNYN is prepared with an amend- So we can have a vote on it, it probably Kennedy ment. Would the Senator describe his will not succeed, or we could voice vote The PRESIDING OFFICER. On this amendment? it and you would succeed. vote, the yeas are 46, the nays are 52. The PRESIDING OFFICER. The Sen- Mr. CORNYN. Well, we have had this Three-fifths of the Senators duly cho- ator from Texas is recognized. proposition tendered before. I realize sen and sworn not having voted in the Mr. CORNYN. Mr. President, I call up that in all likelihood this amendment affirmative, the motion is rejected. amendment No. 934 and ask for its im- would be stripped out in conference be- The point of order is sustained, and the mediate consideration. hind closed doors. I do not think that amendment falls. The PRESIDING OFFICER. The is particularly an honest way to deal The Senator from North Dakota. clerk will report. with these important issues—to say Mr. CONRAD. Next up is Senator The bill clerk read as follows: yes on the floor and then to strip them WICKER.

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.096 S02APPT1 rfrederick on PROD1PC67 with SENATE S4274 CONGRESSIONAL RECORD — SENATE April 2, 2009 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without ator from Mississippi. question is on agreeing to the motion objection, it is so ordered. AMENDMENT NO. 798 to waive the Budget Act in relation to Mr. CONRAD. Next up—— Mr. WICKER. Mr. President, I call up the Wicker amendment No. 798. Mr. GREGG. Mr. President, if the amendment No. 798 and ask for its con- Mr. GREGG. I didn’t even make the motion was agreed to, then we have to sideration. motion to waive, but I am happy to vote on the amendment. The PRESIDING OFFICER. The have the question be on the motion to Mr. CONRAD. Why don’t we just take clerk will report. waive. it on a voice vote? The legislative clerk read as follows: The PRESIDING OFFICER. Under Mr. GREGG. Yes. I ask unanimous The Senator from Mississippi [Mr. WICKER] the previous order, that motion is consent. proposes an amendment numbered 798. automatic. Mr. CONRAD. I think we have to do Mr. GREGG. I ask for the yeas and it by voice. Mr. WICKER. I ask unanimous con- nays. The PRESIDING OFFICER. If there sent that reading of the amendment be The PRESIDING OFFICER. Is there a is no further debate on the amendment, dispensed with. sufficient second? the question is on agreeing to the The PRESIDING OFFICER. Without There appears to be a sufficient sec- amendment. objection, it is so ordered. ond. The amendment (No. 798) was agreed The amendment is as follows: The clerk will call the roll. to. (Purpose: To ensure that law abiding Am- The legislative clerk called the roll. Mr. GREGG. Mr. President, I move to trak passengers are allowed to securely Mr. DURBIN. I announce that the reconsider the vote. transport firearms in their checked bag- Senator from Massachusetts (Mr. KEN- gage) Mr. CONRAD. I move to lay that mo- NEDY) is necessarily absent. On page 37, between lines 8 and 9, insert tion on the table. The PRESIDING OFFICER. Are there The motion to lay on the table was the following: any other Senators in the Chamber de- (d) ALLOWING AMTRAK PASSENGERS TO SE- agreed to. siring to vote? CURELY TRANSPORT FIREARMS ON PASSENGER Mr. CONRAD. Mr. President, Senator The yeas and nays resulted—yeas 63, TRAINS.—None of amounts made available in LIEBERMAN is next. the reserve fund authorized under this sec- nays 35, as follows: The PRESIDING OFFICER. The Sen- tion may be used to provide financial assist- [Rollcall Vote No. 145 Leg.] ator from Connecticut is recognized. ance for the National Railroad Passenger YEAS—63 AMENDMENT NO. 904 Corporation (Amtrak) unless Amtrak pas- Alexander Ensign McCain Mr. LIEBERMAN. Mr. President, I sengers are allowed to securely transport Barrasso Enzi McConnell firearms in their checked baggage. Baucus Feingold Murkowski thank the Chair, and I call up amend- Mr. WICKER. The amendment is very Bayh Graham Nelson (NE) ment No. 904. Begich Grassley Reid The PRESIDING OFFICER. The simple and straightforward. It aims to Bennet Gregg Risch clerk will report. ensure that gun owners and sportsmen Bennett Hagan Roberts The legislative clerk read as follows: are able to transport securely firearms Bingaman Hatch Sanders Bond Hutchison Sessions The Senator from Connecticut [Mr. aboard Amtrak trains in checked bag- Brownback Inhofe Shaheen LIEBERMAN] proposes an amendment num- gage, a practice that is done thousands Bunning Isakson Shelby bered 904. of times a day at airports across the Burr Johanns Snowe Mr. LIEBERMAN. Mr. President, I country. I emphasize that this amend- Casey Johnson Specter Chambliss Klobuchar Tester ask unanimous consent that the read- ment deals with checked, secured bag- Coburn Kohl Thune ing of the amendment be dispensed gage only. It would return Amtrak to a Cochran Kyl Udall (CO) with. pre-9/11 practice. It does not deal with Corker Landrieu Udall (NM) Cornyn Leahy Vitter The PRESIDING OFFICER. Without carry-on baggage. Unlike the airline Crapo Lincoln Voinovich objection, it is so ordered. industry, Amtrak does not allow the DeMint Lugar Webb The amendment is as follows: Dorgan Martinez Wicker transport of firearms in checked bags. (Purpose: To add a deficit-neutral reserve This means that sportsmen who wish NAYS—35 fund to reduce the strain on United States to use Amtrak trains for hunting trips Akaka Feinstein Mikulski military personnel by providing for an in- cannot do so because they are not al- Boxer Gillibrand Murray crease in the end strength for active duty lowed to check safely a firearm. I em- Brown Harkin Nelson (FL) personnel of the United States Army) Burris Inouye phasize, this bill deals with checked, Pryor At the end of title II, insert the following: Byrd Kaufman Reed secure luggage, not carry-on luggage. Cantwell Kerry Rockefeller SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR INCREASE IN THE END STRENGTH It would apply to Amtrak the same as Cardin Lautenberg Schumer FOR ACTIVE DUTY PERSONNEL OF airlines. Carper Levin Stabenow Collins Lieberman THE ARMY. Warner The PRESIDING OFFICER. The Sen- Conrad McCaskill The Chairman of the Senate Committee on Whitehouse ator from North Dakota. Dodd Menendez Wyden the Budget may revise the allocations of a Mr. CONRAD. I yield the time in op- Durbin Merkley committee or committees, aggregates, and position to the Senator from New Jer- NOT VOTING—1 other levels and limits in this resolution for sey. Kennedy one or more bills, joint resolutions, amend- The PRESIDING OFFICER. The Sen- ments, motions, or conference reports that The PRESIDING OFFICER. On this ator from New Jersey. would reduce the strain on the United States vote, the yeas are 63, the nays are 35. Mr. LAUTENBERG. I object to this Armed Forces by authorizing an increase in Three-fifths of the Senators duly cho- the end strength for active duty personnel of disruptive amendment offered by the sen and sworn having voted in the af- the Army to a level not less than 577,400 per- Senator from Mississippi. He wants to firmative, the motion is agreed to. sons, by the amounts provided in such legis- enable the carrying of weapons, guns, The majority leader. lation for such purpose, provided that such in checked baggage. One doesn’t have Mr. REID. Mr. President, I move to legislation would not increase the deficit to be very much concerned about what reconsider the vote, and I move to lay over either the period of the total of fiscal we are doing when they look at the his- years 2009 through 2014 or the period of the that motion on the table. total of fiscal years 2009 through 2019. tory of attacks on railroads in Spain The motion to lay on the table was and the UK and such places. agreed to. Mr. LIEBERMAN. Mr. President, I This amendment has no place here Mr. REID. I suggest the absence of a am honored to be joined in introducing interrupting the budgetary procedure. quorum. this amendment by my colleagues, The pending amendment is not ger- The PRESIDING OFFICER. The Senators CORNYN, THUNE, and the dis- mane and, therefore, I raise a point of clerk will call the roll. tinguished occupant of the chair, Sen- order that the amendment violates sec- The assistant legislative clerk pro- ator BEGICH. This amendment would tion 305(b)(2) of the Congressional ceeded to call the roll. ease the strain on the U.S. Army which Budget Act of 1974. Mr. CONRAD. Mr. President, I ask today is carrying the bulk of the battle Mr. GREGG. Is the germaneness well unanimous consent that the order for in Iraq and Afghanistan for us by es- taken on this? the quorum call be rescinded. tablishing a deficit-neutral reserve

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.100 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4275 fund to increase Army Active-Duty end catastrophic wildfire to be distributed to Mrs. LINCOLN. I ask my colleagues strength by 30,000 personnel. areas demonstrating highest priority needs, to look at this seriously and realize we Although we have depleted the so- as determined by the Chief of the Forest are not protecting the ultrawealthy. called Grow the Force initiative and Service; and We are working for small businesses, (2) provide that no State matching funds the Army is now at an end strength of are required for the conduct of activities de- family businesses in each and every 547,000, the so-called well time for our scribed in paragraph (1). one of our States. soldiers has not improved. They still (b) DEFICIT NEUTRALITY.—Subsection (a) The PRESIDING OFFICER (Mr. BEN- have little more than 1 day at home for applies only if the legislation described in NET). I remind the Senator that the every day they spend in the theater. subsection (a) would not increase the deficit amendment has not been called up. Our soldiers and their families—— over the period of the total of fiscal years Mrs. LINCOLN. Mr. President, I ask The PRESIDING OFFICER. The Sen- 2009 through 2014 or the period of the total of unanimous consent to call up amend- ator’s time has expired. fiscal years 2009 through 2019. ment No. 873. Mr. LIEBERMAN. Our soldiers con- Mr. CONRAD. Mr. President, we are The PRESIDING OFFICER. The tinue to serve under an unacceptable prepared to take this amendment on a clerk will report. strain. I ask my colleagues to ease that voice vote. The legislative clerk read as follows: The PRESIDING OFFICER. If there strain by adopting this amendment. The Senator from Arkansas [Mrs. LIN- is no further debate on the amendment, Mr. CONRAD. Mr. President, we are COLN], for herself, Mr. KYL, Mr. NELSON of prepared to take that on a voice vote. the question is on agreeing to the Nebraska, Mr. GRASSLEY, Mr. PRYOR, Mr. The PRESIDING OFFICER. If there amendment. ROBERTS, Mrs. Landrieu, and Mr. ENZI, pro- is no further debate on the amendment, The amendment (No. 746) was agreed poses an amendment numbered 873. the question is on agreeing to the to. The amendment is as follows: Mr. CONRAD. Mr. President, next we amendment. (Purpose: To create a deficit-neutral reserve go to the Lincoln-Kyl amendment. fund for estate tax relief) The amendment (No. 904) was agreed The PRESIDING OFFICER. The Sen- At the appropriate place in title II, insert to. ator from Arkansas is recognized. Mr. GREGG. Mr. President, I move to the following: AMENDMENT NO. 873 reconsider the vote. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR Mrs. LINCOLN. Mr. President, before Mr. CONRAD. I move to lay that mo- ESTATE TAX RELIEF. I begin, I wish to say a word of thanks tion on the table. The Chairman of the Senate Committee on to Chairman CONRAD, who has done a the Budget may revise the allocations of a The motion to lay on the table was tremendous job providing great leader- committee or committees, aggregates, and agreed to. ship. He and his staff have done a won- other appropriate levels and limits in this AMENDMENT NO. 746 derful job reflecting the President’s resolution for one or more bills, joint resolu- tions, amendments, motions, or conference Mr. CONRAD. Mr. President, the next priorities and, more importantly, put- amendment is from Senator UDALL of reports that would provide for estate tax re- ting balance to the budget before us. form legislation establishing— Colorado. If he could describe it in 30 Because my time is limited, I wish to seconds. (1) an estate tax exemption level of take a moment to read to you a few ex- $5,000,000, indexed for inflation, Mr. UDALL of Colorado. Mr. Presi- cerpts from an editorial that appeared (2) a maximum estate tax rate of 35 per- dent, I wish to thank Senator ENSIGN in the Arkansas Democrat-Gazette ear- cent, for joining me in this amendment. This lier this year. It was submitted by a (3) a reunification of the estate and gift is a deficit-neutral reserve fund amend- member of a family who runs a timber credits, and ment that would help prevent forest operation in southwest Arkansas and (4) portability of exemption between spouses, and fires. Our State budgets are facing eco- that has been in the family since 1907. nomic wildfires. This would help State He said: provided that such legislation would not in- and private lands reduce fuel loads so crease the deficit over either the period of The estate tax kills jobs. It kills compa- the total of fiscal years 2009 through 2014 or we can prevent catastrophic forest nies that provide jobs. In the process it kills fires. Let’s stand with Smokey the the period of the total of fiscal years 2009 towns and communities, particularly those through 2019. Bear. Let’s prevent forest fires. Vote in rural areas dependent upon the land and for this amendment. local industry. The PRESIDING OFFICER. The Sen- Mr. CONRAD. Mr. President, on be- Five times this man’s family has ator from North Dakota. Mr. CONRAD. Mr. President, I wish half of Senator UDALL, I call up his been subjected to the estate tax—five amendment No. 746. times. to remind all colleagues that the chair- The PRESIDING OFFICER. The He goes on: man’s mark takes the estate tax ex- clerk will report. Between the 1950s and 1980s, vast amounts emption from $1 million per person in The legislative clerk read as follows: of money—tens of millions of dollars—were 2011 to $3.5 million, $7 million a couple. The proposal by the Senator from Ar- The Senator from Colorado [Mr. UDALL] raised to pay the tax. Lands were clear cut, proposes an amendment numbered 746. mills liquidated, communities destroyed. kansas would take it to $5 million, and . . .The next hit will be too great. $10 million a couple, reduces the rate Mr. CONRAD. I ask unanimous con- Think about this type of family busi- from 45 percent to 35 percent. It is in a sent that the reading of the amend- ness. They have grown their business, deficit-neutral reserve fund. The cost ment be dispensed with. reinvested in it over a century’s worth of this amendment from 2012 to 2021, The PRESIDING OFFICER. Without of time, put almost all their profits when it is fully effective, is over $100 objection, it is so ordered. back into it, and now this particular billion. Where does the money come The amendment is as follows. company employs over 1,000 Arkansans from? Either by cutting spending some- (Purpose: To establish a deficit-neutral re- and has multiple mills that are worth a where else or raising other taxes. serve fund for wildland fire management I urge my colleagues to reject the activities) good bit of money—millions of dollars. This amendment provides real relief amendment. At the appropriate place in title II, insert The PRESIDING OFFICER. The Re- the following: to our family-owned businesses. In a time when our Government has handed publican leader is recognized. SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND FOR WILDLAND FIRE MANAGEMENT out billions upon billions to failed Wall Mr. MCCONNELL. Mr. President, I ACTIVITIES. Street banks, it is time we provide a wish to proceed for a few moments on (a) IN GENERAL.—Subject to subsection (b), little relief to our businesses on Main my leader time. I am speaking in effect the Chairman of the Committee on the Budg- Street that are in need of help right for Senator KYL, who has been our et of the Senate may revise the allocations, now. These are people who employ leader on the issue of the death tax for aggregates, and other levels in this resolu- more than half the workers in Arkan- many years. tion by the amounts provided by a bill, joint The Lincoln-Kyl amendment, on resolution, amendment, motion, or con- sas. These are the people who, if we re- ference report that would— form the estate tax, will invest in their which we are about to vote, would de- (1) allow wildland fire management funds businesses and create more jobs. crease the burden on those who get hit for hazardous fuels reduction and hazard The PRESIDING OFFICER. The Sen- with the death tax by increasing the mitigation activities in areas at high risk of ator’s time has expired. exemption by $1.5 million to $5 million

VerDate Nov 24 2008 05:12 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.104 S02APPT1 rfrederick on PROD1PC67 with SENATE S4276 CONGRESSIONAL RECORD — SENATE April 2, 2009 and by reducing the rate of taxation the hurricane victims. The Finance should be overjoyed with receiving ac- down by 10 percent to 35 percent. Committee acted with lightning speed ceptance to go to college, but because No one should have to be taxed on on a bipartisan basis, and in concert of what is happening at home—their their assets twice, and no one should with the House, to deliver relief to hur- dad or mom has lost a job—they can’t have to visit the tax man and the un- ricane victims. I was quite proud of our go to college. Workers who have given dertaker on the same day. It is the efforts to help people in need. That was decades of loyal service at the office or Government’s final outrage. But if we the first Katrina tax relief bill. factory realize now they can’t retire can’t repeal this tax, then we should at The second Katrina tax relief bill, because their pensions are gone and least lower it at a time when Ameri- unfortunately, took a lot longer to do. their retirement savings have dis- cans are already burdened by shrinking Some on the other side saw the Katrina appeared. Senior citizens on a fixed in- retirement savings. bill as a chance to enact a National come used to have to make a decision This budget, in keeping with the ad- agenda of greatly enhancing social pro- as to whether it would be medicine or ministration’s plan, seeks to keep the grams. I did not question their motives food. Now many seniors don’t have the death tax exemption at $3.5 million and at the time and do not now. But, the choice for either. the tax rate at 45 percent. By offering bottom line was that this attempt to We know what caused this crisis: 8 an amendment that would lower the leverage a crisis for a National agenda, years of fiscal policies under the pre- rate and the exemption, Senators KYL significantly delayed our efforts to re- vious administration and its allies in and LINCOLN are offering crucial sup- build the hard-hit gulf zone. Congress who gave away the store at port and protection to small busi- As the distinguished leader will re- the expense of the rest of America. nesses, family ranchers, and farms. call, the gulf state Senators, led by President Obama inherited a crisis This amendment has wide bipartisan Senator Lott, forced the Senate to that no President should have to in- support, including Senators NELSON, focus on helping their states rebuild herit or fix. Instead of focusing full PRYOR, and LANDRIEU—all on the and recover. A similar effort was un- time on the future, he and we in Con- Democratic side—and Senators GRASS- derway in the House. gress must first clean up the dev- LEY, ROBERTS, ENZI, and COLLINS on the Fortunately, the efforts of the bipar- astating mistakes of the past. We can Republican side. It also has strong sup- tisan group of gulf state Senators only turn the page from the recession port from the small business commu- caused the leadership on the other side to recovery if we watch every single nity, which desperately needs relief at to abandon their efforts to leverage the taxpayer dollar the way families watch the current moment. It would spur eco- hurricane disaster for a National agen- every dollar in their budget. Every dol- nomic growth, which we need, and it da. No one accused the leadership on lar counts. makes good overall economic sense the other side of being unseemly. That is why it is so stunning, so out- since the death tax costs more to com- Senator Frist did the right thing and rageous, that some would choose this ply with than it raises in revenue. focused on the hurricane victims. The hour of national crisis to push an The Lincoln-Kyl amendment is im- leadership on the other side did the amendment to slash the estate tax for portant, it is timely, and I strongly right thing and focused on bipartisan the superwealthy. This isn’t for the urge its support. Mr. GRASSLEY. Mr. President, the hurricane relief efforts. wealthy; this is for the superwealthy. distinguished majority leader, my There is a lesson in this history for Yet that is what we see here today. all of us. Do not try to leverage a crisis The proposal now before us would friend, Senator REID quoted me by name in his remarks in opposition to for unrelated purposes. take $100 billion of American taxpayer the Lincoln-Kyl amendment. Senator LINCOLN’s amendment was money—actually, it is more than The distinguished leader quoted me not ‘‘unseemly.’’ To use my reaction to that—more than $100 billion of tax- as describing death tax relief legisla- a question about the Senate schedule is payer money over the next few years tion as ‘‘unseemly.’’ to miss the point I was making The and spend it on slashing taxes on the Since that quote was used to argue Lincoln/Kyl amendment is a reasonable estates of the wealthiest two-tenths of against Senator LINCOLN’s amendment, effort to find a bipartisan compromise 1 percent of Americans. So 99.8 percent which I support, I thought it important on a time-sensitive tax issue. It is an of Americans would derive no benefit— to respond to the distinguished leader effort to enable a solution to a problem none. In fact, 99.8 percent of Americans and set the record straight. that vexes family farmers and small would actually see their tax dollars re- The distinguished leader is correct. I businesses. The amendment’s purpose directed to the estates of those who are did say, at that time shortly after the and substance are the opposite of un- at the very top of the economic food Katrina hurricane hit, that proceeding seemly. The Lincoln/Kyl amendment is chain. to death tax relief would be ‘‘un- ‘‘decorous.’’ Here is what one newspaper said seemly.’’ The PRESIDING OFFICER. The ma- today: It is important for everyone to un- jority leader is recognized. The proverbial millionaires next door—the derstand the context of that state- Mr. REID. Mr. President, I will use plumbers, contractors, and accountants who ment. It was made shortly after the my leader time. This chart says it all. amass substantial wealth through hard work terrible hurricane hit the gulf states. In February, 651,000 Americans lost and modest living—are not the intended their jobs. Five million Americans beneficiaries of the proposed cut. The Obama At that time, the Senate was about to budget already takes care of them. That reconvene after the August recess. The have lost their jobs this past year—5 means 99.8 percent of estates will never, ever pending business was a cloture motion million. Our unemployment rate cur- pay a penny of estate tax. on the motion to proceed to a House rently stands at 8.1 percent. Nevada’s Here is what another newspaper said bill that provided death tax relief. unemployment is 10 percent, but Ne- today, entitled ‘‘More Tax Cuts for the The majority leader, Senator Frist, vada is not the highest. We have some Rich″: States that are far more than 10 per- had filed the cloture motion before the The hypocrisy here is breathtaking. More Senate departed for the August recess. cent unemployed. Three million more fundamentally, it is hard to stomach those Of course, that procedural action oc- children will likely be living in poverty who argue for more tax cuts—and then be- curred weeks before the hurricane hit. by the end of this year. The net worth moan the failure to stanch rising deficits. A When asked about the Senate schedule, of American households dropped by a vote for this amendment, at this time of so I responded that proceeding to the combined total of $11 trillion last much red ink and so much suffering, would death tax bill, and, thereby not dealing year—$11 trillion. reflect the most skewed of priorities. with the hurricane victims, would be These statistics tell a story—a very This is only a couple of the Ameri- unseemly. clear story—but what is even clearer is cans all over America today trying to The distinguished leader’s comments the suffering every American sees and understand what is going on in Wash- caused me to recall how the finance feels every day. ington. Committee, which I chaired at the Families whose incomes have fallen In recent years, Congress has already time, dealt with Katrina. are now concerned that they won’t be reduced tax rates on the ultrawealthy Senator Frist did the right thing and able to make their next mortgage pay- estates. In fact, the Tax Policy Center set the Senate in motion to deal with ment. Students at this time of the year calculates that a $20 million estate

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.106 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4277 right now—now—will pay an effective Again, this is stunning hypocrisy. Lieberman Reid Udall (CO) McCaskill Rockefeller Udall (NM) tax rate of 23 percent. Nurses pay more Not only that; it is outrageous hypoc- Menendez Sanders Warner than that, schoolteachers pay more risy. Merkley Schumer Webb than that, and secretaries pay a higher When the estate tax issue was de- Mikulski Shaheen Whitehouse tax rate than that, but we say for an bated back in 2005, in the aftermath of Reed Stabenow Wyden estate of $20 million, 23 percent is OK. Hurricane Katrina, the then-chairman The amendment (No. 873) was agreed That is what the Tax Policy Center of the Finance Committee, Senator to. calculates. GRASSLEY, said this—remember, at Mr. MCCONNELL. Mr. President, I But for the proponents of the amend- that time there was a defined group of move to reconsider the vote. ment now before us, that is not good people who were suffering in the gulf, Mr. GREGG. I move to lay that mo- enough. So they propose that we spend but now it is the whole country. Today, tion on the table. $100 billion on a tax cut for the top it was announced on the radio that, for The motion to lay on the table was two-tenths of 1 percent. Proponents of the first time since the Great Depres- agreed to. this legislation say they will find off- sion, all 50 States, without exception, AMENDMENTS NOS. 913, AS MODIFIED, AND 875, AS sets for this $100 billion giveaway that have a downturn in their economy. MODIFIED will make it deficit neutral. Think Here is what Senator GRASSLEY said Mr. CONRAD. Mr. President, I ask about that. Deficit neutral. That then, after Hurricane Katrina: unanimous consent that notwith- means you have to get offsets. It’s a little unseemly to be talking about standing the adoption of amendments Where are we going to get offsets? doing away with or enhancing the estate tax Nos. 913 and 875, the amendments be They have to come from somewhere. at a time when people are suffering. modified with the changes at the desk. The PRESIDING OFFICER. Without They are not coming from the sky. Are If Katrina, which was a disaster for objection, it is so ordered. we going to take them from Medicare? this country, was a reason not to do The amendments, as modified, are as From Senator INOUYE’s defense budget? the estate tax, why now when all 300 follows: From the Peace Corps? From edu- million Americans are suffering? Peo- cation? ple are suffering now in every city, AMENDMENT NO. 913, AS MODIFIED Even in the best of times, there is no State, and town in America. (Purpose: To provide for enhanced oversight of the Board of Governors of the Federal question that we could find a better I urge my colleagues to oppose this Reserve System concerning the use of use for an extra $100 billion. We could amendment. It amounts to nothing but emergency economic assistance) put new textbooks in classrooms. We a giveaway to the wealthiest two- On page 48, line 21, strike ‘‘banks’’ and all could build better renewable energy tenths of 1 percent of Americans, at that follows through ‘‘2008,’’ on line 24 and transmission lines. We could provide the expense of the other 99.8 percent of insert the following ‘‘banks, to include (1) an health care to more working families. Americans. evaluation of the appropriate number and If it got out of hand, we could do what Especially in this time of economic the associated costs of Federal reserve we did in the last years of the Clinton crisis, this is the wrong priority for our banks; (2) publication on its website, with re- administration: Reduce the debt. country. I ask everybody to vote ‘‘no’’ spect to all lending and financial assistance on this amendment. facilities created by the Board to address the I can think of no way to describe this financial crisis, of (A) the nature and amendment other than stunning hy- The PRESIDING OFFICER. The amounts of the collateral that the central pocrisy. question is on agreeing to the Lincoln bank is accepting on behalf of American tax- Many of the very same Republicans amendment No. 873. payers in the various lending programs, on who held hands with President Bush as Mr. KYL. Mr. President, I ask for the no less than a monthly basis; (B) the extent he squandered a record budget surplus yeas and nays. to which changes in valuation of credit ex- and turned it into a record deficit sud- The PRESIDING OFFICER. Is there a tensions to various special purpose vehicles, sufficient second? such as Maiden Lane I, Maiden Lane II, and denly claim to be ‘‘deficit hawks.’’ Maiden Lane III, are a result of losses on col- They tell us we cannot invest in the There is a sufficient second. lateral which will not be recovered; (C) the middle class—the very people their dis- The clerk will call the roll. number of borrowers that participate in each astrous policies have harmed. The assistant legislative clerk called of the lending programs and details of the These same Republicans tried to stop the roll. credit extended, including the extent to us from providing health insurance to The PRESIDING OFFICER. Are there which the credit is concentrated in one or millions of children of low-income fam- any other Senators in the Chamber de- more institutions; and (D) information on ilies, so that these kids could go to a siring to vote? the extent to which the central bank is con- The result was announced—yeas 51, tracting for services of private sector firms doctor when they are sick or hurt. for the design, pricing, management, and ac- They fought against President Obama’s nays 48, as follows: counting for the various lending programs economic recovery plan, because it had [Rollcall Vote No. 146 Leg.] and the terms and nature of such contracts the audacity to invest in creating jobs YEAS—51 and bidding processes,’’. for victims of the recession Bush cre- Alexander DeMint McConnell AMENDMENT NO. 875, AS MODIFIED ated. Barrasso Ensign Murkowski (Purpose: To require information from the Now they are fighting against a Baucus Enzi Murray Board of Governors of the Federal Reserve Bayh Graham Nelson (FL) System about the use of emergency eco- budget that cuts taxes for the middle Bennett Grassley Nelson (NE) class, puts us on a path toward cutting Bond Gregg Pryor nomic assistance) the Republican deficit in half, and in- Brownback Hatch Risch In Sec. 215, following ‘‘contracts and bid- vests in middle-class priorities, such as Bunning Hutchison Roberts ding processes,’’ add the following: ‘‘;and (3) Burr Inhofe Sessions health care, education, and clean, re- including the identity of each entity to Cantwell Isakson Shelby which the Board has provided ‘‘all loans and newable energy. That is what Chair- Chambliss Johanns Snowe other financial assistance since March 24, man CONRAD has done. Coburn Kyl Specter Cochran Landrieu Tester 2005, the value or amount of that financial After 8 years of creating a record def- Collins Lincoln Thune assistance, and what that entity is doing icit so that they could slash taxes on Corker Lugar Vitter with such financial assistance,’’ after the ultrawealthy, now they oppose our Cornyn Martinez Voinovich ‘‘2008,’’. efforts to help the middle class. Crapo McCain Wicker Mr. CONRAD. Mr. President, I ask These newly hatched deficit hawks NAYS—48 unanimous consent that the list I send say no to any proposal that invests in Akaka Casey Inouye to the desk be the only amendments re- the people their policies harmed. But Begich Conrad Johnson maining in order to the budget resolu- Bennet Dodd Kaufman when it comes to giving away another Bingaman Dorgan Kennedy tion and managers’ amendments which $100 billion plus of taxpayer money to Boxer Durbin Kerry have been cleared by the managers and the top two-tenths of 1 percent—money Brown Feingold Klobuchar leaders and that a side by side be in that could pay down the deficit they Burris Feinstein Kohl order to any of the amendments on the Byrd Gillibrand Lautenberg claim to care so much about—these Cardin Hagan Leahy list at the discretion of the managers same Senators line up in support. Carper Harkin Levin and leaders; that the order in which

VerDate Nov 24 2008 05:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.107 S02APPT1 rfrederick on PROD1PC67 with SENATE S4278 CONGRESSIONAL RECORD — SENATE April 2, 2009 the amendments are considered be de- ing less than $100,000 per year and that such There appears to be a sufficient sec- termined by the managers; that upon relief is in addition to the amounts assumed ond. disposition of all amendments, the in this budget resolution. The clerk will call the roll. (b) WAIVER.—This section may be waived Senate proceed to vote on adoption of The legislative clerk called the roll. or suspended only by an affirmative vote of The PRESIDING OFFICER. Are there the concurrent resolution, with the three-fifths of the Members, duly chosen and provisions of the previous orders re- sworn. any other Senators in the Chamber de- maining in effect. (c) APPEALS.—An affirmative vote of three- siring to vote? The PRESIDING OFFICER. Without fifths of the Members of the Senate duly cho- The result was announced—yeas 56, objection, it is so ordered. sen and sworn shall be required to sustain an nays 43, as follows: The list is as follows: appeal of the ruling of the Chair on any [Rollcall Vote No. 147 Leg.] point of order raised under this section. YEAS—56 DeMint healthcare No. 963, Kyl Iran No. Mr. DURBIN. Mr. President, in the 932, Crapo Capital Gains No. 897, Hatch Ter- Akaka Feinstein Mikulski rorism Tools POO No. 962, Alexander Student midst of the worst recession in 75 Baucus Gillibrand Murray Bayh Hagan Loans No. 792, DeMint CPSC No. 964, DeMint years, with hundreds of thousands of Nelson (NE) Begich Harkin Pryor Autos No. 965, DeMint Earmarks No. 967, Americans losing their jobs and their Bennet Inouye Reed Sessions Border Fence POO No. 969, Crapo homes, 51 Members of the Senate be- Bingaman Johnson Reid FDIC No. 958, Burr Veterans Health No. 777, lieve our highest priority is to give a Boxer Kaufman Rockefeller Coburn No. 828, Coburn No. 830, Hatch Medi- generous tax break to the wealthiest Brown Kennedy Sanders Burris Kerry care Advantage No. 976, Hatch/Baucus (Not Schumer people in America. Many of these same Byrd Klobuchar Yet Filed), KBH OCS No. 867, Vitter Oil and Shaheen Senators have been wailing for weeks Cantwell Kohl Gas No. 751, Vitter Drug Testing No. 937, Stabenow about deficits but obviously believe Cardin Lautenberg Enzi Unfunded Mandates No. 819, Enzi Health Carper Leahy Tester IT No. 822, Graham Debt/Household No. 959, deficits do not count when it comes to Casey Levin Udall (CO) Barrasso Cow Tax No. 765, Barrasso NEPA tax breaks for the wealthy. Conrad Lieberman Udall (NM) No. 960, Barrasso ESA No. 890, Crapo DOE At this point, it is clear they would Dodd Lincoln Warner Loan Guarantees No. 733, Crapo Nuclear Re- move forward with these tax breaks for Dorgan McCaskill Webb Whitehouse search Priority No. 734, Hatch DNRF for Durbin Menendez the wealthiest people in America. My Feingold Merkley Wyden FDA Facilities No. 939, Snowe/Landrieu amendment is simple. It creates a NAYS—43 DNRF for Energy Star No. 940, Session OCS point of order. It says we should help Inventory No. 770, Hatch/Dodd Maternal struggling Americans first. Before we Alexander Ensign McConnell Child Health Block Grant No. 878, Martinez Barrasso Enzi Murkowski Trade Agreements No. 843, Murkowski Nat’l give an additional $100 billion in tax Bennett Graham Nelson (FL) Health Service Corps No. 841, Begich Denali breaks to the superwealthy, we must Bond Grassley Risch No. 901, Begich Arctic Oil No. 903, Brown first give at least as much in tax relief Brownback Gregg Roberts Bunning Hatch Sessions Training No. 810, Klobuchar Food Safety No. to Americans earning less than Burr Hutchison 886, Lautenberg Homeland Security Grants $100,000. It will be tax relief beyond Shelby Chambliss Inhofe Snowe No. 977, Pryor CPSC No. 814. Coburn Isakson that already included in this budget Specter Cochran Johanns Mr. CONRAD. Mr. President, we are resolution. Thune Collins Kyl Vitter prepared to go to the DeMint amend- The amendment creates a point of Corker Landrieu ment. order that if the people insist, a major- Cornyn Lugar Voinovich Mr. GREGG. No, Durbin. ity of Senators, that we give this es- Crapo Martinez Wicker Mr. CONRAD. I am sorry. Mr. Presi- tate tax to the wealthiest, at least let’s DeMint McCain dent, next in order is the Durbin help working families first before we The amendment (No. 974), as modi- amendment and then the DeMint do so. fied, was agreed to. amendment. I urge my colleagues to support the The PRESIDING OFFICER. The Sen- Senator DURBIN. amendment. ator from North Dakota. AMENDMENTS NOS. 777, 962, AND 946 AMENDMENT NO. 974, AS MODIFIED The PRESIDING OFFICER. Who Mr. CONRAD. Mr. President, we have Mr. DURBIN. Mr. President, I call up yields time in opposition? The Senator a number of amendments we can now amendment No. 974, as modified. from Arizona. Mr. KYL. Mr. President, the Senate take by unanimous consent: Burr No. The PRESIDING OFFICER. The just voted to support estate tax relief 777, Hatch No. 962, and Dorgan No. 946. clerk will report. set at $5 million per person to be ex- I ask unanimous consent that we ap- The legislative clerk read as follows: empted and at no more than a 35-per- prove Burr amendment No. 777, Hatch The Senator from Illinois [Mr. DURBIN] cent rate. The Durbin amendment cre- amendment No. 962, and Dorgan proposes an amendment numbered 974, as amendment No. 946. modified. ates a point of order unless you have a rate of at least 45 percent and a $3.5 The PRESIDING OFFICER. Is there The amendment is as follows: million per person exempted amount. objection? (Purpose: To provide that no additional es- It is directly contrary to what we just Hearing no objection, it is so ordered. The amendments (Nos. 777, 962, and tate tax relief beyond that which is al- voted for. Were this to be adopted, you ready assumed in this resolution, which 946) were agreed to, as follows: would have two absolutely contradic- protects over 99.7 percent of estates from AMENDMENT NO. 777 the estate tax, shall be allowed under any tory instructions—one for a $5 million exempted amount; the Durbin amend- (Purpose: To provide that legislation that deficit-neutral reserve fund unless an equal would provide authority to the Secretary amount of aggregate tax relief is also pro- ment, $3.5 million. Having voted the of Veterans Affairs to recover from a pri- vided to Americans earning less than way we did, the Durbin amendment vate health insurer of a disabled veteran $100,000 per year) should be defeated. amounts paid for treatment of such dis- At the appropriate place in title II, insert To the extent that it suggests there ability is subject to a point of order in the the following: should be other tax relief, I stipulate to Senate) Sec.ll. POINT OF ORDER AGAINST LEGISLATION that, I am all for it. But the point of At the appropriate place, insert the fol- THAT PROVIDES ADDITIONAL RE- order relates to anything above the $3.5 lowing: LIEF FOR THE ESTATE TAX BEYOND SEC. lll. LIMITATIONS ON LEGISLATION THAT THE LEVELS ASSUMED IN THIS million or below the 45-percent rate. I urge my colleagues to vote against WOULD PERMIT THE SECRETARY OF BUDGET RESOLUTION UNLESS AN VETERANS AFFAIRS TO RECOVER EQUAL AMOUNT OF ADDITIONAL it. FROM A PRIVATE HEALTH INSURER TAX RELIEF IS PROVIDED TO MID- Mr. DURBIN. Do I have any time re- OF A DISABLED VETERAN AMOUNTS DLE-CLASS TAXPAYERS. maining? PAID FOR TREATMENT OF SUCH DIS- (a) IN GENERAL.—In the Senate, it shall not The PRESIDING OFFICER. All time ABILITY. be in order to consider any bill, joint resolu- has expired. The question is on agree- (a) POINT OF ORDER.—If the Senate is con- tion, amendment, motion, or conference re- sidering legislation, upon a point of order port that would provide estate tax relief be- ing to amendment No. 974, as modified. being made by any Senator against the legis- yond $3,500,000 per person ($7,000,000 per mar- Mr. GREGG. I ask for the yeas and lation, or any part of the legislation, that ried couple) and a graduated rate ending at nays. the legislation, if enacted, would result in less that 45 percent unless an equal amount The PRESIDING OFFICER. Is there a providing authority to the Secretary of Vet- of tax relief is provided to Americans earn- sufficient second? erans Affairs to recover from a private

VerDate Nov 24 2008 08:05 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.111 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4279 health insurer of a veteran with a service- AMENDMENT NO. 946 tance of funding and meeting our obli- connected disability amounts paid by the (Purpose: To increase the budget authority gation to provide for the health care of Secretary for the furnishing of care or treat- for the Indian Health Service by an addi- the First Americans. There are over 4 ment for such disability, and the point of tional $200 million to obtain a total $600 order is sustained by the Presiding Officer, million Native Americans in this coun- million increase over the FY 2009 enacted try, just fewer than 2 million of which the Senate shall cease consideration of the level) legislation. depend on the Indian Health Service (b) WAIVERS AND APPEALS.— On page 19, line 24, increase the amount by for their health care needs. However, (1) WAIVERS.— $200,000,000. the Indian Health Service is severely (A) IN GENERAL.—Before the Presiding Offi- On page 19, line 25, increase the amount by $130,000,000. underfunded. Despite our trust obliga- cer rules on a point of order described in sub- tion to Indian Tribes, the Federal Gov- section (a), any Senator may move to waive On page 20, line 4, increase the amount by the point of order and the motion to waive $40,000,000. ernment spends twice as much on the shall not be subject to amendment. On page 20, line 8, increase the amount by health care of Federal prisoners as we (B) VOTE.—A point of order described in $20,000,000. do on American Indians. subsection (a) is waived only by the affirma- On page 20, line 12, increase the amount by My amendment will increase the tive vote of 60 Members of the Senate, duly $10,000,000. budget authority for the Indian Health chosen and sworn. On page 27, line 23, decrease the amount by Service by an additional $200 million to (2) APPEALS.— $200,000,000. On page 27, line 24, decrease the amount by obtain a total of $600 million in in- (A) IN GENERAL.—After the Presiding Offi- creased budget authority over the fis- cer rules on a point of order described in sub- $130,000,000. section (a), any Senator may appeal the rul- On page 28, line 3, decrease the amount by cal year 2009 enacted level. The Presi- ing of the Presiding Officer on the point of $40,000,000. dent’s request for ‘‘over $4 billion’’ for order as it applies to some or all of the provi- On page 28, line 7, decrease the amount by total IHS funding, asks for an increase sions on which the Presiding Officer ruled. $20,000,000. for IHS of over $400 million. My amend- (B) VOTE.—A ruling of the Presiding Offi- On page 28, line 11, decrease the amount by ment will increase the President’s cer on a point of order described in sub- $10,000,000. budget request from $400 million to $600 section (a) is sustained unless 60 Members of AMENDMENT NO. 962 million in increased budget authority the Senate, duly chosen and sworn, vote not Mr. HATCH. Mr. President, since the for the Indian Health Service. This to sustain the ruling. attacks of September 11, 2001, Congress (3) DEBATE.— brings us to the total that committee has taken steps to give the Federal law (A) IN GENERAL.—Debate on the motion to Vice Chairman BARRASSO and I rec- waive under paragraph (1) or on an appeal of enforcement and intelligence commu- ommended for the Indian Health Serv- the ruling of the Presiding Officer under nity the necessary tools to keep our ice for fiscal year 2010 in our views and paragraph (2) shall be limited to 1 hour. citizens safe from terrorist attacks. estimates letter to the Senate Budget (B) DIVISION.—The time shall be equally di- Last week, FBI Director Robert Committee on March 13, 2009. As my vided between, and controlled by, the Major- Mueller testified before the Senate Ju- colleagues will remember, last year, ity leader and the Minority Leader of the diciary Committee. When asked about Senate, or their designees. Congress overwhelmingly passed a (c) LEGISLATION DEFINED.—In this section, expiring provisions of the PATRIOT similar amendment requesting a $1 bil- the term ‘‘legislation’’ means a bill, joint Act, Director Mueller urged Congress lion increase in Indian Health Service resolution, amendment, motion, or con- to renew these provisions. He referred budget authority by a vote of 69 to 31. ference report. to them as ‘‘exceptional tools to help I ask my colleagues to again consider (d) TERMINATION.—The provisions of this protect our national security.’’ Direc- section shall terminate on December 31, 2012. the great need for assistance in Indian tor Mueller further provided the com- health, even in these tough economic AMENDMENT NO. 962 mittee with information regarding the times. (Purpose: To ensure the continued safety of use of these provisions. Americans against terrorist attack by Al While $200 million is small in com- Qaeda and other terrorist organizations by From 2004 to 2007, the roving wiretaps parison to the unmet needs of the In- providing a point of order against any leg- provision was used 225 times—that is— dian Health Service, when included islation that would weaken or eliminate 25 times over 3 years. That breaks with the President’s request, the critical terror-fighting tools) down to 75 times a year. Roving wire- amendment makes the overall increase At the appropriate place, insert the fol- taps were only used 147 times in 3 in budget authority equal to $600 mil- lowing: years. Congress granted the FBI the lion. This amendment is crucial be- SEC. lll. POINT OF ORDER. authority to use national security let- cause it shows that Congress is com- (a) IN GENERAL.—After a concurrent reso- ters, NSL, in counterterrorism and mitted to funding the Indian Health lution on the budget is agreed to, it shall not counterintelligence investigations. The be in order in the Senate to consider any Service at a higher level and empha- bill, resolution, amendment between Houses, use of NSLs is invaluable in these in- sizes the government’s effort to con- motion, or conference report that— vestigations. Their use also predates tinue to fulfill its trust responsibility (1) weakens any authorized anti-terrorism the attacks on 9/11. to provide health care in Indian Coun- tool or investigative method provided by the The uninformed and the paranoid try. USA Patriot Act of 2001 (PL 107-56), the In- portray these tools as an example of We passed the Indian Health Care Im- telligence Reform and Terrorism Prevention unchecked government monitoring provement Act on the floor of the Sen- Act of 2004 (PL 108-458), the USA Patriot Im- reminiscent of a scene from George Or- ate in the 110th Congress. I am proud of provement and Reauthorization Act of 2005 (PL 109-177), or the FISA Amendments Act of well’s book ‘‘1984.’’ I would submit to that because it had been many years 2008 (PL 110-261); or my colleagues that these figures show since this Congress had addressed the (2) eliminates any authorized anti-ter- that these necessary tools have not issue of Indian health care. Unfortu- rorism tool or investigative method provided been overused. Fail-safes and checks nately, the bill did not pass the House by any of the statutes referred to in para- against overuse and improper applica- and Indian Country suffers the con- graph (1). tion exist at numerous levels in this sequences. (b) SUPERMAJORITY WAIVER AND APPEALS.— process. Changing administrations does Through a number of hearings by the (1) WAIVER.—Subsection (a) may be waived not diminish the terrorism threat to Senate Indian Affairs Committee, we or suspended in the Senate only by the af- firmative vote of three-fifths of the Mem- our country. Two days ago, a Taliban have confirmed extensive unmet health bers, duly chosen and sworn. leader responsible for brazen attacks in care needs in Indian Country. The need (2) APPEALS.—Appeals in the Senate from Pakistan issued a threat to attack the includes over $3 billion just for health the decisions of the Chair relating to any White House. facilities and an ever growing $1 billion provision of subsection (a) shall be limited to Mr. DORGAN. Mr. President, This for contract health services. The 1 hour, to be equally divided between, and amendment will go far in meeting the health status of Native Americans are controlled by, the appellant and the manager Federal Government’s trust responsi- staggering. For example, Native Amer- of the bill or joint resolution. An affirmative bility to provide health care services to icans die at higher rates than other vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be re- Native Americans. Americans from tuberculosis 600 per- quired to sustain an appeal of the ruling of There is a health care crisis in Indian cent higher, alcoholism, 510 percent the Chair on a point of order raised under Country and I have spoken many times higher, diabetes, 189 percent higher, subsection (a). on the Senate floor about the impor- and suicide, 70 percent higher. Third

VerDate Nov 24 2008 05:26 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.098 S02APPT1 rfrederick on PROD1PC67 with SENATE S4280 CONGRESSIONAL RECORD — SENATE April 2, 2009 world conditions exist right here in The amendment is as follows: On page 27, line 15, decrease the amount by this country on Indian lands. (Purpose: To prevent taxpayer-funded $485,000,000. The story of Jami Rose Jetty high- bailotus for auto manufacturers) On page 27, line 16, decrease the amount by $485,000,000. lights what underfunding the Indian On page 4, line 13, decrease the amount by health care system means to the lives $10,829,000,000. Mr. DEMINT. Mr. President, this of our youth and families in Indian On page 4, line 14, decrease the amount by amendment is called the Auto Bailout Country and communities across the $131,000,000. Prevention Amendment. We are debat- U.S. In February, I held an Indian Af- On page 4, line 15, decrease the amount by ing an amendment which spends more, fairs oversight hearing on youth sui- $195,000,000. borrows more, and taxes more than any On page 4, line 16, decrease the amount by cide. At that hearing, a young woman budget in history. Americans are al- $279,000,000. ready fed up with how much we spent of 16 years old, named Dana Lee Jetty On page 4, line 17, decrease the amount by of the Spirit Lake Nation in North Da- $379,000,000. on all the bailouts. One of the areas kota testified. She told the story of On page 4, line 18, decrease the amount by they are most frustrated with is the losing her sister, Jami Rose Jetty, who $485,000,000. auto bailouts. We have already taken committed suicide at just 14 years old. On page 4, line 22, decrease the amount by over $17 billion from funds designated Dana described her sister Jami as $10,829,000,000. to financial institutions and now the someone who had a lot of friends and On page 4, line 23, decrease the amount by administration is talking about some $131,000,000. was mature for her age. Jami was an form of bankruptcy while General Mo- On page 4, line 24, decrease the amount by tors and Chrysler have asked for an- open-minded, caring, and compas- $195,000,000. sionate teenager. The sisters were best On page 4, line 25, decrease the amount by other $21.6 billion. friends and part of a middle-class, lov- $279,000,000. This amendment reduces function 370 ing home. On page 5, line 1, decrease the amount by funds by $21.6 billion, which prevents Jami’s mother knew there was some- $379,000,000. the President from further using TARP thing wrong with her daughter. She On page 5, line 2, decrease the amount by to prop up General Motors and Chrys- took Jami to Indian health care facili- $485,000,000. ler with taxpayer dollars. On page 5, line 6, decrease the amount by Enough is enough. I reserve the re- ties over and over again, but no doctor $10,829,000,000. properly diagnosed her depression. mainder of my time. On page 5, line 7, decrease the amount by The PRESIDING OFFICER. The time Even though her mother knew better, $131,000,000. of the Senator has expired. Who yields the doctors would say Jami was ‘‘just a On page 5, line 8, decrease the amount by typical teenager’’ and send the family $195,000,000. time in opposition? On page 5, line 9, decrease the amount by The Senator from North Dakota. home. In November 2008, Jami took her Mr. CONRAD. Mr. President, Senator own life. $279,000,000. STABENOW has the time in opposition. During her testimony, Dana empha- On page 5, line 10, decrease the amount by $379,000,000. The PRESIDING OFFICER. The Sen- sized that she felt her sister Jami On page 5, line 11, decrease the amount by ator from Michigan. would still be alive had there been $485,000,000. Ms. STABENOW. Mr. President, just trained mental health professionals On page 5, line 16, decrease the amount by 3 days ago, President Obama released a available near the Spirit Lake Reserva- $10,829,000,000. bold new plan to revitalize the Amer- tion. Unfortunately, Jami didn’t re- On page 5, line 17, decrease the amount by $10,960,000,000. ican auto industry. We need to give ceive the services she needed. Dana, this plan a chance to work. There are her family, and the entire Spirit Lake On page 5, line 18, decrease the amount by $11,155,000,000. two or three different outcomes. But community were affected by the loss of On page 5, line 19, decrease the amount by they are in the middle of the boldest this precious young life. $11,434,000,000. restructuring of the American auto in- Jami did not receive the care she On page 5, line 20, decrease the amount by dustry we have ever seen. This would needed because we have a health care $11,813,000,000. cut the legs out from under that. system in Indian Country that is not On page 5, line 21, decrease the amount by Our President has made it clear that working. It is dramatically under- $12,298,000,000. On page 5, line 24, decrease the amount by we are not going to walk away from funded. We are rationing health care the people, the communities or the and people are dying as a result. It is $10,829,000,000. On page 5, line 25, decrease the amount by businesses—the thousands of busi- truly a scandal, which should be front- $10,960,000,000. nesses that depend on the auto indus- page news. On page 6, line 1, decrease the amount by try. Mr. President, by asking for an in- $11,155,000,000. I would finally say that all around crease in Indian health funding, my On page 6, line 2, decrease the amount by the world countries such as Japan help- amendment allows us to continue the $11,434,000,000. ing Toyota, Germany, Korea, China, dialogue with Indian Country. It em- On page 6, line 3, decrease the amount by $11,813,000,000. France—around the world, other coun- phasizes that the United States under- tries understand the critical nature for stands the health disparities that Na- On page 6, line 4, decrease the amount by $12,298,000,000. their own national security in terms of tive Americans face and that we will On page 15, line 17, decrease the amount by the auto industry; their economic secu- make Indian Country a priority this $10,800,000,000. rity in terms of building a middle class, Congress. I thank my colleagues for On page 15, line 18, decrease the amount by and they have stepped forward in this joining me today and in the future in $10,800,000,000. global credit crisis to help their auto supporting efforts to improve the On page 26, line 20, decrease the amount by industries. health of Native Americans throughout $29,000,000. We are now in the middle of a plan to the United States. On page 26, line 21, decrease the amount by $29,000,000. save jobs in communities and restruc- AMENDMENT NO. 965 On page 26, line 24, decrease the amount by ture. I urge strongly a ‘‘no’’ vote. Mr. CONRAD. Mr. President, next we $131,000,000. The PRESIDING OFFICER. The time go to an amendment by Senator On page 26, line 25, decrease the amount by of the Senator has expired. DEMINT with respect to the auto indus- $131,000,000. The question is on agreeing to try. On page 27, line 3, decrease the amount by amendment No. 965. The PRESIDING OFFICER. The Sen- $195,000,000. Mr. GREGG. I ask for the yeas and ator from South Carolina. On page 27, line 4, decrease the amount by nays. Mr. DEMINT. I call up amendment $195,000,000. The PRESIDING OFFICER. Is there a No. 965. On page 27, line 7, decrease the amount by sufficient second? There is a sufficient $279,000,000. The PRESIDING OFFICER. The On page 27, line 8, decrease the amount by second. clerk will report the amendment. $279,000,000. The clerk will call the roll. The legislative clerk read as follows: On page 27, line 11, decrease the amount by The assistant legislative clerk called The Senator from South Carolina [Mr. $379,000,000. the roll. DEMINT] proposes an amendment numbered On page 27, line 12, decrease the amount by Mr. DURBIN. I announce that the 965. $379,000,000. Senator from West Virginia (Mr. BYRD)

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.085 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4281 and the Senator from Massachusetts AMENDMENT NO. 901 authority of the Federal Deposit Insurance (Mr. KENNEDY) are necessarily absent. (Purpose: To express the sense of the Senate Corporation and the National Credit Union The PRESIDING OFFICER. Are there regarding the funding level for the Denali Administration, provided that such legisla- any other Senators in the Chamber de- Commission) tion does not increase the deficit over the pe- riod of the total of fiscal years 2009 through On page 35, strike line 11 and insert the fol- siring to vote? 2019. The result was announced—yeas 31, lowing: nays 66, as follows: (a) INFRASTRUCTURE.— AMENDMENT NO. 976 (1) IN GENERAL.—The Chairman of the Sen- [Rollcall Vote No. 148 Leg.] (Purpose: To establish a deficit-neutral re- ate serve fund to address our Nation’s long- YEAS—31 On page 35, between lines 23 and 24, insert term fiscal problems) Barrasso Enzi Nelson (NE) the following: Bunning Graham Risch The Chairman of the Budget Committee On page 32, line 10, after ‘‘increases;’’ in- Burr Grassley Roberts may also revise the allocations to allow sert ‘‘or’’ and the following: Chambliss Gregg Sessions funding for the Denali Commission estab- (4) protect Medicare Advantage enrollees Coburn Inhofe Shelby lished by section 303(a) of the Denali Com- from premium increases and benefit reduc- Cochran Isakson Specter tions in their Medicare Advantage plans that Collins Johanns mission Act of 1998 (42 U.S.C. 3121 note; 112 Thune Stat. 2681–637) for each applicable fiscal year would result from the estimate of the na- Cornyn Kyl Vitter tional per capita Medicare Advantage growth Crapo McCain at a level equal to not less than the level of Wicker DeMint McConnell funding made available for the Denali Com- percentage contained in the Centers for Ensign Murkowski mission during fiscal year 2006. Medicare & Medicaid Services’ Advance No- tice of Methodological Changes for Calender AMENDMENT NO. 903 NAYS—66 Year 2010, as proposed on February 20, 2009, Akaka Feingold Menendez (Purpose: To modify the deficit-neutral re- that is made using the Medicare payment Alexander Feinstein Merkley serve fund to invest in clean energy and rates for physicians’ services assumed in Baucus Gillibrand Mikulski preserve the environment to provide for such Advance Notice rather than the Medi- Bayh Hagan Murray additional funding for the conduct of arctic care payment rates for physicians’ services Begich Harkin Nelson (FL) oil spill research) Bennet Hatch Pryor assumed in the President’s budget proposal Bennett Hutchison Reed On page 33, line 5, before ‘‘implement’’, in- for fiscal year 2010 (which accounts for addi- Bingaman Inouye Reid sert ‘‘set aside additional funding from the tional expected Medicare payments for such Bond Johnson Rockefeller Oil Spill Liability Trust Fund for arctic oil services). Boxer Kaufman Sanders spill research conducted by the Oil Spill Re- AMENDMENT NO. 867 Brown Kerry Schumer covery Institute,’’. Brownback Klobuchar Shaheen (Purpose: To reduce U.S. dependence on for- AMENDMENT NO. 886 Burris Kohl Snowe eign energy sources, minimize future gaso- Cantwell Landrieu Stabenow (Purpose: To create a deficit-neutral reserve line price increases, and reduce the federal Cardin Lautenberg Tester fund to improve the safety of the food sup- Carper Leahy Udall (CO) budget deficit through expanded oil and Casey Levin Udall (NM) ply in the United States) gas production on the Outer Continental Conrad Lieberman Voinovich On page 46, between lines 2 and 3, insert Shelf) Corker Lincoln Warner the following: Dodd Lugar Webb On page 33, line 1 after ‘‘reduce our Na- (c) FOOD SAFETY.—The Chairman of the tion’s dependence on imported energy’’ in- Dorgan Martinez Whitehouse Senate Committee on the Budget may revise Durbin McCaskill Wyden sert ‘‘including through expanded offshore the allocations of a committee or commit- oil and gas production in the Outer Conti- NOT VOTING—2 tees, aggregates, and other appropriate lev- nental Shelf’’. Byrd Kennedy els and limits in this resolution for one or more bills, joint resolutions, amendments, AMENDMENT NO. 819 The amendment (No. 965) was re- motions, or conference reports that would (Purpose: To reinstate the 60-vote point of jected. improve the safety of the food supply in the order under section 425(a)(2) of the Con- Mrs. MURRAY. Mr. President, I United States, by the amounts provided in gressional Budget Act of 1974 for legisla- move to reconsider the vote. such legislation for these purposes, provided tion that creates unfunded mandates on Ms. STABENOW. I move to lay that that such legislation would not increase the States and local governments) deficit over either the period of the total of motion on the table. On page 68, between lines 4 and 5, insert fiscal years 2009 through 2014 or the period of The motion to lay on the table was the following: the total of fiscal years 2009 through 2019. agreed to. SEC. lll. RESTRICTIONS ON UNFUNDED MAN- AMENDMENT NO. 792 Mr. CONRAD. Mr. President, we still DATES ON STATES AND LOCAL GOV- have probably 30-some amendments (Purpose: To modify the Deficit-Neutral Re- ERNMENTS. left to do. We are working through a serve Fund for Higher Education, to maxi- (a) POINT OF ORDER.—It shall not be in mize higher education access and afford- order in the Senate to consider any bill, process to try to put together man- ability by ensuring that institutions of agers’ packages that could clear the joint resolution, motion, amendment, or con- higher education and their students are ference report that would increase the direct significant majority of those amend- able to continue to participate in a com- costs of one or more States or local govern- ments, but we still have a number of petitive student loan program, in order to ments by an amount that exceeds the thresh- amendments that will require votes. maintain a comprehensive choice of stu- old provided under section 424(a)(1) of the One of the lessons I hope we learn from dent loan products and services) Congressional Budget Act of 1974 (2 U.S.C. this is to never do it again. That would On page 34, line 10, strike ‘‘affordable,’’ and 658c(a)(1)). be my strong recommendation. insert ‘‘affordable while maintaining a com- (b) WAIVER AND APPEAL.—Subsection (a) In just a moment, we will be prepared petitive student loan program that provides may be waived or suspended in the Senate to have a managers’ package. students and institutions of higher education only by an affirmative vote of three-fifths of with a comprehensive choice of loan prod- the Members, duly chosen and sworn. An af- AMENDMENTS NOS. 901, 903, 886, 792, 958, 976, 867, ucts and services,’’. firmative vote of three-fifths of the Members 819, 960, 890, 733, 734, 939, 878, AND 841, EN BLOC AMENDMENT NO. 958 of the Senate, duly chosen and sworn, shall Mr. CONRAD. Mr. President, I pro- (Purpose: To provide for a deficit-neutral re- be required to sustain an appeal of the ruling pose a managers’ package that would serve fund to increase the borrowing au- of the Chair on a point of order raised under involve Begich No. 901, Begich No. 903, thority of the Federal Deposit Insurance subsection (a). Klobuchar No. 886, Alexander No. 792, Corporation and the National Credit Union AMENDMENT NO. 960 Crapo No. 958, Hatch No. 976, Hutchison Administration, and for other purposes) (Purpose: To increase amounts made avail- No. 867, Enzi No. 819, Barrasso No. 960, At the appropriate place, insert the fol- able for the conduct of reviews under the Barrasso No. 890, Crapo No. 733, Crapo lowing: National Environmental Policy Act of 1969) No. 734, Hatch No. 939, Hatch-Dodd No. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND IN- On page 13, line 21, increase the amount by 878, and Murkowski No. 841. I ask that CREASE FDIC AND NCUA BOR- ROWING AUTHORITY. $50,000,000. they be accepted by unanimous con- On page 13, line 22, increase the amount by sent. The chairman of the Committee on the Budget of the Senate may revise the aggre- $50,000,000. The PRESIDING OFFICER. Without gates, allocations, and other appropriate lev- On page 27, line 23, decrease the amount by objection, it is so ordered. The amend- els in this resolution for one or more bills, $50,000,000. ments are agreed to. joint resolutions, amendments, motions, or On page 27, line 24, decrease the amount by The amendments are as follows: conference reports to increase the borrowing $50,000,000.

VerDate Nov 24 2008 08:00 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.102 S02APPT1 rfrederick on PROD1PC67 with SENATE S4282 CONGRESSIONAL RECORD — SENATE April 2, 2009 AMENDMENT NO. 890 Administration White Oak Campus in Silver can give them, and their students, the (Purpose: To provide funding to enable cer- Spring, Maryland by 2012, by the amounts best options, the best services, and the tain individuals and entities to comply provided in such legislation for those pur- best programs. with the Endangered Species Act of 1973) poses, provided that such legislation would not increase the deficit over either the pe- The President’s budget proposes to On page 13, line 21, increase the amount by riod of the total of fiscal years 2009 through originate all new student loans in the $50,000,000. 2014 or the period of the total of fiscal years Direct Loan program, which is a pro- On page 13, line 22, increase the amount by 2009 through 2019. $50,000,000. posal that I do not support. When I was On page 27, line 23, decrease the amount by AMENDMENT NO. 878 U.S. Secretary of Education, I opposed $50,000,000. (Purpose: To increase funding for the Mater- the creation of the Direct Loan pro- On page 27, line 24, decrease the amount by nal and Child Health Block Grant within gram because I felt that the Federal $50,000,000. the Health Resources and Services Admin- Government shouldn’t be in the busi- AMENDMENT NO. 733 istration by $188,000,000 in fiscal year 2010) ness of being a bank. I still feel that (Purpose: To establish a deficit-neutral re- On page 19, line 24, increase the amount by way. The problem with the government serve fund for the innovative loan guar- $188,000,000. operating as a bank is that we would antee program of the Department of En- On page 19, line 25, increase the amount by have to borrow a lot of money and add ergy) $56,000,000. to the Federal deficit. The FFEL pro- On page 20, line 4, increase the amount by At the appropriate place in title II, insert gram last year generated $52.9 billion the following: $81,000,000. On page 20, line 8, increase the amount by in loans, while the Direct Loan pro- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND $34,000,000. gram generated $21.8 billion. If we were FOR INNOVATIVE LOAN GUARANTEE PROGRAM OF THE DEPARTMENT OF On page 20, line 12, increase the amount by to move all of the FFEL loans to the ENERGY. $13,000,000. government’s loan program, that’s a (a) IN GENERAL.—Subject to subsection (b), On page 27, line 23, decrease the amount by lot more debt to add to our books. I the Chairman of the Committee on the Budg- $188,000,000. don’t think we should do that right et of the Senate may revise the allocations, On page 27, line 24, decrease the amount by now when we know that the FFEL pro- $56,000,000. aggregates, and other levels in this resolu- gram is working. tion by the amounts provided by a bill, joint On page 28, line 3, increase the amount by resolution, amendment, motion, or con- $81,000,000. I also thought that the Federal Gov- ference report that authorizes an additional On page 28, line 7, increase the amount by ernment wouldn’t be able to manage $50,000,000,000 for use to provide loan guaran- $34,000,000. that many loans very effectively or ef- tees for eligible projects under title XVII of On page 28, line 11, increase the amount by ficiently for the students, and I haven’t the Energy Policy Act of 2005 (42 U.S.C. 16511 $13,000,000. changed my mind on that. There are et seq.). AMENDMENT NO. 841 6,000 colleges and universities, and over (b) DEFICIT NEUTRALITY.—Subsection (a) (Purpose: To increase funding for the 15 million loans each year to students applies only if the legislation described in National Health Service Corps) and parents. The Department of Edu- subsection (a) would not increase the deficit On page 19, line 24, increase the amount by over the period of the total of fiscal years cation can’t manage that many loans, $100,000,000. 2009 through 2014 or the period of the total of nor should they. It is a massive under- On page 19, line 25, increase the amount by fiscal years 2009 through 2019. taking that calls on over 30,000 people $30,000,000. throughout our Nation working for AMENDMENT NO. 734 On page 20, line 4, increase the amount by (Purpose: To establish a deficit-neutral re- $43,000,000. banks, guarantors, and nonprofit lend- serve fund for unclear research and devel- On page 20, line 8, increase the amount by ers. We don’t need to increase the De- opment) $18,000,000. partment of Education staffing by At the appropriate place in title II, insert On page 20, line 12, increase the amount by 30,000 people, so I don’t see why we the following: $7,000,000. should move all of the loans and oper- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND On page 27, line 23, decrease the amount by ations to that agency. FOR NUCLEAR RESEARCH AND DE- $100,000,000. As the president of one of our lenders On page 27, line 24, decrease the amount by VELOPMENT. in Tennessee recently wrote in the (a) IN GENERAL.—Subject to subsection (b), $30,000,000. the Chairman of the Committee on the Budg- On page 28, line 3, decrease the amount by Knoxville News Sentinel, ‘‘National- et of the Senate may revise the allocations, $43,000,000. izing the student loan industry would aggregates, and other levels in this resolu- On page 28, line 7, decrease the amount by be the equivalent of the government tion by the amounts provided by a bill, joint $18,000,000. taking over the parcel shipping indus- resolution, amendment, motion, or con- On page 28, line 11, decrease the amount by try and doing away with FedEx and ference report that authorizes nuclear re- $7,000,000. UPS, relying entirely on the U.S. Post- search and development activities, including AMENDMENT NO. 792 al Service.’’ We can’t afford to take the Generation IV program, the Advanced that risk when we are dealing with stu- Fuel Cycle Initiative, and the Light Water Mr. ALEXANDER. Mr. President, I Reactor Sustainability program. am pleased that the Senate unani- dents. (b) DEFICIT NEUTRALITY.—Subsection (a) mously approved my amendment to In the past week we have all heard applies only if the legislation described in maximize college affordability and ac- from many of the institutions of higher subsection (a) would not increase the deficit cess by helping to preserve competition education in our States favoring the over the period of the total of fiscal years and choice in the student loan pro- continuation of the FFEL program. My 2009 through 2014 or the period of the total of gram. I look forward to working with amendment does just that, and it sends fiscal years 2009 through 2019. my colleagues to preserve the Federal the message that the U.S. Senate sup- AMENDMENT NO. 939 Family Education Loan—FFEL—pro- ports giving colleges and universities— (Purpose: To establish a deficit-neutral re- gram as a viable program for students and ultimately parents and students— serve fund for the 2012 completion of Food and institutions of higher education. the choice which student loan program and Drug Administration facilities) My amendment is very straight- works best for them. On page 49, between lines 3 and 4, insert forward and it calls on the Congress to the following: Mr. CONRAD. Mr. President, let me maintain ‘‘a competitive student loan say that we are just about ready. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR program that provides students and in- THE 2012 COMPLETION OF FOOD I suggest the absence of a quorum. stitutions of higher education with a AND DRUG ADMINISTRATION FA- The PRESIDING OFFICER. The CILITIES. comprehensive choice of loan products clerk will call the roll. The Chairman of the Senate Committee on and services.’’ We know that institu- the Budget may revise the allocations of a tions of higher education like the abil- The assistant legislative clerk pro- committee or committees, aggregates, and ity to choose which program to partici- ceeded to call the roll. other appropriate levels and limits in this pate in, and 73 percent of schools Mr. CONRAD. Mr. President, I ask resolution for one or more bills, joint resolu- unanimous consent that the order for tions, amendments, motions, or conference choose to use the FFEL program. reports in order to provide sufficient funding I think that we should maintain that the quorum call be rescinded. for the General Services Administration to ability of institutions to choose which The PRESIDING OFFICER. Without complete construction of the Food and Drug program to participate in so that we objection, it is so ordered.

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.108 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4283 AMENDMENT NO. 967 explain it with quotes from the Presi- amendment of the Senator from South Mr. CONRAD. Mr. President, we are dent: Any earmark for a for-profit pri- Carolina? prepared to go to DeMint amendment vate company should be subject to the The amendment purports to prohibit No. 967. same competitive bidding requirements earmarks from being traded for ‘‘polit- Mr. DEMINT. Mr. President, I would as other Federal contracts; No. 2, each ical favors.’’ Mr. President, does this like to call up DeMint Amendment No. earmark must be open to scrutiny at mean it is OK to trade any other offi- 967. public hearings where Members will cial act for political favors? Does this The PRESIDING OFFICER. The have to justify their expense to the give Members license to pursue legisla- clerk will report. taxpayer; No. 3, earmarks that Mem- tive provisions for labor interests or The assistant legislative clerk read bers do seek might be aired on those for particular industries in exchange as follows: Members’ websites in advance so the for political favors? Of course, it The Senator from South Carolina [Mr. public and the press can examine them doesn’t. My colleagues are well aware DEMINT] proposes an amendment numbered and judge their merits for themselves; that trading earmarks or any other of- 967. and, No. 4, that he would prohibit the ficial act for political favors is already Mr. DEMINT. Mr. President, I ask trading of earmarks for public favors. against the laws and ethics rules of unanimous consent that the reading of It is just that simple. This is the this body. the amendment be dispensed with. President’s plan for earmark reform. I I am happy for earmarks and all The PRESIDING OFFICER. Without ask my colleagues to support it. other legislative matters to be subject objection, it is so ordered. The PRESIDING OFFICER. The Sen- to the scrutiny of the legislative proc- The amendment is as follows: ator from North Dakota. ess. That is exactly as it should be. I (Purpose: To implement President Obama’s Mr. CONRAD. Chairman INOUYE has hope my colleagues will support efforts earmark reforms) the time in opposition. to consider individual appropriations At the appropriate place, insert the fol- Mr. INOUYE. Mr. President, at this bills this summer in an orderly and lowing: moment, if you are trying to get an timely manner so that the Senator SEC. lll. EARMARK POINT OF ORDER. earmark in the bill, you have to have it from South Carolina and all other (a) IN GENERAL.—It shall not be in order in posted on your Web site 30 days before Members can offer amendments to the Senate to consider a bill, resolution, markup to give the public an oppor- eliminate spending that they see as amendment, or conference report that in- tunity to look at the Web site. wasteful. cludes— Secondly, there is much trans- But we don’t need new points of order (1) a congressional earmark to a private for parency, much more than ever before. to do this. I urge my colleagues to re- profit entity that is not subject to the same Thirdly, we have reduced earmarks competitive bidding requirements as other ject this amendment. Federal contracts; to less than 1 percent. And now that, as Mr. GREGG. I ask for the yeas and (2) a congressional earmark which has not our Senator has indicated, on March 11, nays. been the subject of a public hearing in the the President spoke on the earmarks, The PRESIDING OFFICER. Is there a committee of jurisdiction where the member it went something further. sufficient second? requesting the earmark has testified on its The President said: There appears to be. behalf; or I recognize that Congress has the power of The yeas and nays were ordered. (3) a congressional earmark which has not the purse, and I believe that individual Mem- Mr. CONRAD. Mr. President, I raise a been posted on the Member sponsor’s website bers of the Congress understand their dis- at least 72 hours before consideration of the point of order that the amendment is tricts best. They should have the ability to not germane. legislation. respond to the needs of the communities. (b) TRADING EARMARKS.—A Senator may The PRESIDING OFFICER. The mo- not trade a congressional earmark for any Yes, all of us were elected to rep- tion to waive is considered made. political favor, including a campaign con- resent our districts and our States. We Mr. DEMINT. I ask for the yeas and tribution. were not elected to be rubberstamps of nays on the motion to waive. (c) SUPERMAJORITY WAIVER AND APPEALS.— anyone. The PRESIDING OFFICER. Is there a (1) WAIVER.—Subsection (a) may be waived Mr. COCHRAN. Mr. President, the sufficient second? or suspended in the Senate only by the af- amendment of the Senator from South firmative vote of three-fifths of the Mem- There appears to be. Carolina creates a point of order The question is on agreeing to the bers, duly chosen and sworn. against legislation that does not com- (2) APPEALS.—Appeals in the Senate from motion to waive the Budget Act in re- the decisions of the Chair relating to any ply with President Obama’s recently lation to the DeMint amendment No. provision of subsection (a) shall be limited to proposed earmark reforms. 967. 1 hour, to be equally divided between, and The amendment ignores the layers of The yeas and nays have been ordered. controlled by, the appellant and the manager reforms that Congress has adopted in The clerk will call the roll. of the bill or joint resolution. An affirmative recent years and the reduction in the The assistant legislative clerk called vote of three-fifths of the Members of the amount of earmarks that has already Senate, duly chosen and sworn, shall be re- the roll. taken place. Mr. DURBIN. I announce that the quired to sustain an appeal of the ruling of For the coming fiscal cycle the Ap- the Chair on a point of order raised under Senator from West Virginia (Mr. BYRD) subsection (a). propriations Committee has required and the Senator from Massachusetts that earmarks be posted on the re- (d) DEFINITION.—In this section, the term (Mr. KENNEDY) are necessarily absent. ‘‘congressional earmark’’ means a provision questing Members’ Web sites well in The PRESIDING OFFICER. Are there or report language included primarily at the advance of the appropriations bills any other Senators in the Chamber de- request of a Member, Delegate, Resident even being considered in sub- siring to vote? Commissioner, or Senator providing, author- committee. This well exceeds the 72 izing or recommending a specific amount of The yeas and nays resulted—yeas 28, hour threshold sought by President nays 69, as follows: discretionary budget authority, credit au- Obama. And I note that President thority, or other spending authority for a Obama will not make public his own [Rollcall Vote No. 149 Leg.] contract, loan, loan guarantee, grant, loan YEAS—28 authority, or other expenditure with or to an earmark requests prior to publication entity, or targeted to a specific State, local- of his budget. Barrasso Ensign Martinez Bennet Enzi ity or Congressional district, other than The amendment would require all McCain Bunning Feingold McCaskill through a statutory or administrative for- Senators to testify at hearings in sup- Burr Graham Risch mula-driven or competitive award process. port of any earmarks they seek. If tes- Chambliss Grassley Sessions Mr. DEMINT. Mr. President, one of timony by Senators is to be required to Coburn Inhofe Snowe Corker Isakson the changes President Obama said he justify legislative initiatives, why on Thune Cornyn Johanns Vitter would bring to Washington is earmark Earth would we want to limit this to Crapo Kyl reform. earmarks? Shouldn’t Senators be re- DeMint Lieberman Last month, on March 11, he laid out quired to testify at hearings in support NAYS—69 his plan. And that is what this amend- of any legislative initiative they advo- Akaka Baucus Begich ment is. It is a four-point plan. I will cate? When was the hearing on the Alexander Bayh Bennett

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.121 S02APPT1 rfrederick on PROD1PC67 with SENATE S4284 CONGRESSIONAL RECORD — SENATE April 2, 2009

Bingaman Hatch Nelson (NE) AMENDMENT NO. 980, AS MODIFIED et of the Senate may revise the allocations, Bond Hutchison Pryor (Purpose: To deny funding for federal govern- aggregates, and other levels in this resolu- Boxer Inouye Reed ment expenditures to companies that are tion by the amounts provided by a bill, joint Brown Johnson Reid obtaining at least $1,000,000 in revenue resolution, amendment, motion, or con- Brownback Kaufman Roberts ference report that would set aside, from Burris Kerry Rockefeller from the sale of goods or services to or in- amounts made available for the Energy Star Cantwell Klobuchar Sanders vestment in Iran’s energy sector, includ- Cardin Kohl Schumer ing, but not limited to: the exploration, de- Program of the Environmental Protection Carper Landrieu Shaheen velopment or exploitation of Iran’s natural Agency, at least 2 percent for the Energy Casey Lautenberg Shelby gas or crude oil fields; the import of re- Star for Small Business Program. Cochran Leahy Specter fined petroleum products, including but (b) DEFICIT NEUTRALITY.—Subsection (a) Collins Levin Stabenow not limited to liquefied natural gas and pe- applies only if the legislation described in Conrad Lincoln Tester troleum bi-products into Iran; the en- that subsection would not increase the def- Dodd Lugar Udall (CO) hancement or maintenance of Iran’s oil re- icit over the period of the total of fiscal Dorgan McConnell Udall (NM) fineries; and assistance in the import and years 2009 through 2014 or the period of the Durbin Menendez Voinovich or export of energy products to or from total of fiscal years 2009 through 2019. Feinstein Merkley Warner AMENDMENT NO. 870 Gillibrand Mikulski Webb Iran, including the provision of shipment, Gregg Murkowski Whitehouse insurance, and reinsurance services) (Purpose: To provide for a total of $99,000,000 Hagan Murray Wicker On page 12, line 21, decrease the amount by in COPS Hot Spots funding, as authorized Harkin Nelson (FL) Wyden $1.00. in the Combat Meth Act) On page 12, line 22, decrease the amount by On page 24, line 24, increase the amount by NOT VOTING—2 $1.00. $99,000,000. Byrd Kennedy On page 27, line 23, decrease the amount by On page 24, line 25, increase the amount by $1.00. $12,000,000. The PRESIDING OFFICER. On this On page 27, line 24, decrease the amount by On page 25, line 4, increase the amount by $1.00. $28,000,000. vote, the yeas are 28, the nays are 69. On page 27, line 23, decrease the amount by AMENDMENT NO. 830 Three-fifths of the Senators duly cho- $99,000,000. sen and sworn not having voted in the (Purpose: To provide for legislation that al- On page 27, line 24, decrease the amount by lows for a temporary suspension of the 10 affirmative, the motion is rejected. $12,000,000. percent tax penalty in order for struggling On page 28, line 3, decrease the amount by The point of order is sustained and the families to make an early withdrawal from $28,000,000. amendment falls. their qualified retirement accounts to pay AMENDMENT NO. 810 their monthly mortgage payments) The Senator from North Dakota. (Purpose: To modify the deficit-neutral re- On page 40, strike lines 9 through 22 and in- serve fund for economic stabilization and MODIFICATION TO PURPOSE OF AMENDMENT NO. sert the following: growth to promote new employment oppor- 890 (f) HOUSING ASSISTANCE.—The Chairman of tunities that are critical to economic re- the Senate Committee on the Budget may Mr. CONRAD. Mr. President, I ask covery by supporting workforce strategies revise the allocations of a committee or that help workers seeking specialized unanimous consent that notwith- committees, aggregates, and other appro- training for emerging industries) priate levels and limits in this resolution for standing the adoption of amendment On page 37, line 24, insert ‘‘by increasing one or more bills, joint resolutions, amend- No. 890 by Senator BARRASSO, the support for sector workforce training,’’ after ments, motions, or conference reports re- ‘‘products,’’. amendment be modified in the purpose lated to housing assistance, which may in- statement. The modification is at the clude low income rental assistance, assist- AMENDMENT NO. 940 desk. ance provided through the Housing Trust Ms. SNOWE. Mr. President, as rank- Fund created under section 1131 of the Hous- ing member of the Senate Committee The PRESIDING OFFICER. Without ing and Economic Recovery Act of 2008, and on Small Business and Entrepreneur- objection, it is so ordered. legislation that allows for a temporary sus- ship, and as a longstanding steward of The purpose, as modified, is as fol- pension of the 10 percent tax penalty in order the environment, I have continuously for struggling families to make an early requested increased funding for the En- lows: withdrawal from their qualified retirement vironmental Protection Agency’s En- (Purpose: To provide funding for voluntary accounts to pay their monthly mortgage payments, by the amounts provided in such ergy Star for Small Business Program, efforts to conserve endangered species and which has documented how voluntary to enable certain individuals and entities legislation for those purposes, provided that action by small business owners can re- to comply with the Endangered Species such legislation would not increase the def- icit over either the period of the total of fis- Act of 1973) duce energy costs by 30 percent or cal years 2009 through 2014 or the period of more. AMENDMENTS NOS. 980, AS MODIFIED; 830, 765, 940, the total of fiscal years 2009 through 2019. The Snowe-Landrieu amendment 870, AND 810 AMENDMENT NO. 765 would require that a minimum of 2 per- Mr. CONRAD. Mr. President, I have (Purpose: To provide that the authorized cli- cent of the EPA’s Energy Star Pro- mate change legislation decrease green- six amendments that have been agreed gram’s total budget be allocated to the house gas emissions without regulating Energy Star for Small Business Pro- to by both sides, starting with Kyl carbon dioxide, nitrogen oxide, water gram. This critical program provides amendment No. 980, as modified, on vapor, or methane emissions from biologi- free unbiased information and tech- cal processes associated with livestock Iran—I think the modification is at the nical support for small businesses to desk. production) On page 33, lines 19 and 20, after ‘‘emis- improve their company’s financial per- Mr. KYL. It is. sions’’ insert the following: ‘‘(without regu- formance by reducing energy waste and Mr. CONRAD. The modification is at lating carbon dioxide, nitrogen oxide, water energy costs, while protecting the Earth’s environment. the desk—Coburn amendment No. 830; vapor, or methane emissions from biological processes associated with livestock produc- Regrettably, in the past, less than 2 Barrasso No. 765; Snowe-Landrieu No. tion)’’. percent of Energy Star’s annual fund- 940; Thune No. 870; and Brown No. 810. AMENDMENT NO. 940 ing has been allocated to the Small I ask unanimous consent those six (Purpose: To establish a deficit-neutral re- Business program which is responsible amendments be agreed to. serve fund to require a certain portion of for reaching the entire small business funding for the Energy Star Program of community, thereby restricting its tre- The PRESIDING OFFICER. Without the Environmental Protection Agency to mendous potential impact. This inad- objection, the amendments are agreed be allocated to the Energy Star for Small equate percentage grossly underesti- to. Business Program) mates the critical role small businesses At the appropriate place in title II, insert The amendments (Nos. 980, as modi- can play in improving our Nation’s en- the following: ergy efficiency and reducing our carbon fied; 830, 765, 940, 870, and 810) were SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND agreed to, as follows: FOR ENERGY STAR FOR SMALL BUSI- footprint. NESS PROGRAM. Through efforts to increase energy (a) IN GENERAL.—Subject to subsection (b), efficiency, small businesses can con- the Chairman of the Committee on the Budg- tribute to America’s energy security,

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.132 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4285 help to combat global warming, while tries and to advance employment op- puts a budget point of order against an strengthening their competitive advan- portunities. For example, the State of appropriation in this area that does tage all at the same time. With 27 mil- Maine has created a program called the not fund the fence completion. lion small businesses in the U.S. com- North Star Alliance Initiative. The Al- The PRESIDING OFFICER. The prising 99.7 percent of all domestic em- liance has brought together Maine’s clerk will report the amendment. ployer firms and producing approxi- boat builders, the University of The legislative clerk read as follows: mately half of all the commercial and Maine’s Advanced Engineered Wood The Senator from Alabama [Mr. SESSIONS] industrial energy in the United States, Composites Centers, Maine’s marine proposes an amendment numbered 969. the role small businesses can play in and composite trade association, eco- The amendment is as follows: forging a solution to global climate nomic development groups, and invest- (Purpose: To provide for a point of order change and rising energy prices is un- ment organizations for the purpose of against any appropriations bill that fails deniable. advancing workforce training. to fully fund the construction of the This amendment would provide small In order to promote programs like Southwest border fence) businesses with the funding, technical the North Star Alliance Initiative, On page 68, between lines 4 and 5, insert assistance, and resources necessary to Senator BROWN and I introduced the the following: improve small business energy effi- SECTORS Act, S. 777, which provides SEC. ll. POINT OF ORDER AGAINST FAILURE TO ciency. Every effort must be made at grants to industry clusters—inter- FULLY FUND SOUTHWEST BORDER the Federal level to ensure the connec- related group of businesses, service FENCE. tion small businesses can engage in providers, and associated institutions (a) POINT OF ORDER.—After a concurrent clean and renewable energy. I appre- in order to establish and expand sector resolution on the budget in the Senate is partnerships. By providing financial as- agreed to, it shall not be in order in the Sen- ciate the support of my colleagues on ate to consider any appropriations bill that this amendment. sistance to these partnerships, this leg- fails to provide at least $2,600,000,000 to carry AMENDMENT NO. 810 islation would create customized work- out section 102(b)(1) of the Illegal Immigra- Mr. President, I support the amend- force training solutions for specific in- tion Reform and Immigrant Responsibility ment offered by Senator BROWN, which dustries at a regional level. A sector Act of 1996 (8 U.S.C. 1103 note). I am cosponsoring, to create a deficit- approach is beneficial because it can (b) FORM OF POINT OF ORDER.—A point of neutral reserve fund to support funding focus on the dual goals of promoting order under subsection (a) may be raised by for critical workforce strategy pro- the long-term competitiveness of in- a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. grams that help individuals seeking dustries and advancing employment opportunities for workers, thereby en- (c) WAIVER.—This section may be waived specialized training for emerging in- or suspended only by the affirmative vote of dustries. This reserve fund will help couraging economic growth. Existing three-fifths of the Members, duly chosen and highlight the need for resources to sector partnerships have long been rec- sworn. grow new employment opportunities ognized as key strategic elements with- (d) APPEALS.—An affirmative vote of three- that are critical to economic recovery in some of the most successful eco- fifths of the Members, duly chosen and by supporting workforce strategy pro- nomic development initiatives sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order grams that help those in need of train- throughout the country. Unfortu- nately, current federal policy does not raised under this section. ing. (e) SUNSET PROVISION.—This section shall Any effort to further stabilize our ca- provide sufficient support for these critical ventures. This amendment will cease to be effective on the earlier of— reening economy must include consid- (1) the date on which $2,600,000,000 is appro- eration of job training and trans- help ensure that critical funding will priated to carry out section 102(b)(1) of the formation. Improving and reauthor- be made available for the SECTORS Illegal Immigration Reform and Immigrant izing the Workforce Investment Act, Act if it is passed into law. Responsibility Act of 1996; or WIA, to help the millions of unem- AMENDMENT NO. 969 (2) the date that is 2 years after the date of ployed—and millions more under- Mr. CONRAD. Mr. President, now we enactment of this Act. employed—must be a critical element wish to go to the Sessions amendment Mr. CONRAD. Mr. President, Senator of bolstering our economy. No. 969. SCHUMER has the time in opposition. Much has been made of the phe- Senator SESSIONS. The PRESIDING OFFICER. The Sen- nomena of ‘‘green jobs’’ and a ‘‘green The PRESIDING OFFICER. The Sen- ator from New York. technology.’’At a recent speech in At- ator from Alabama. Mr. SCHUMER. Mr. President, many Mr. SESSIONS. Mr. President, I lanta, author Tom Friedman urged of us supported the fence. Many of us thank the chairman of the committee. opposed it. But one thing is for sure, America to retake the lead in the This Congress passed the Secure there is only about $120 million left to world through innovation in ‘‘ET’’— Fence Act of 2006 by a vote of 80 to 19, complete this section of the fence. Energy Technology. Friedman said the with broad bipartisan support, includ- United States needs to ‘‘invent a The amendment we have before us— ing then-Senators Obama, BIDEN, and without an evaluation as to whether it source of abundant, cheap, clean, reli- Clinton. We committed to 700 miles of is effective, without an evaluation of able electrons.’’ He compared the ‘‘ET’’ barriers. Today we are less than half- where the new parts should go, without movement to the ‘‘IT’’—Information way there. The funding has simply not an evaluation as to whether there are Technology—movement of the last dec- been there. ade. There are thousands of entre- Some progress is being made in areas other, better ways to deal with the preneurs who are developing the next where the fencing is in place. We have problem of undocumented and illegal energy concept that will revolutionize had a dramatic reduction in crime in immigration—says vote $2.6 billion our energy policies, and those concepts the San Diego area since the fence was whether it works or not. That does not will need a highly educated and pre- completed a number of years ago. This make much sense at a time when we pared workforce to make them a re- will help us reduce crime. It will help are trying to balance the budget, be fis- ality. The job training programs al- us reduce drug smuggling, gun smug- cally austere. ready in place under the Workforce In- gling, and immigration violations. We I had prepared a side by side. Let’s vestment Act can help activate Ameri- have a lawless border. have an evaluation by the Department cans, and expedite the transformation Progress is being made, colleagues. of Homeland Security and the Border into a new energy economy. I believe We are seeing a reduction in the num- Patrol and everyone else as to whether this amendment will help ensure fund- ber of people entering America, a re- the fence is working. I do not think ing for our workers to get the best duction in the number of arrests. And that is clear. We should find out where training and pave the way for just such if we follow through with what we have it is working, how to make it better. a revolutionary shift in the future of told the American people we intend to Another thing we do here, without this country. do, we will be able to create a lawful even any test, is set a double fence— Throughout the Nation, workforce system of immigration, which is a re- $2.6 billion whether we know it works strategy programs, like those within sponsibility this Congress has. or not. I urge the amendment be de- WIA, are being used to promote the I urge support of this amendment. It feated; we let the Department of Home- long-term competitiveness of indus- is consistent with previous votes. It land Security study the most effective

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.013 S02APPT1 rfrederick on PROD1PC67 with SENATE S4286 CONGRESSIONAL RECORD — SENATE April 2, 2009 way to deal with illegal immigration, passage. I wish to thank all the col- AMENDMENT NO. 964 and if a double fence or another thing leagues who have helped us get to this DeMint No. 964 is the next amend- is needed, we will learn about that in point. ment in order. time. AMENDMENT NO. 963 Mr. DEMINT. Mr. President, I wish to Mr. President, I yield the floor. The next amendment in order would call up amendment No. 964. The PRESIDING OFFICER. The Sen- be the DeMint amendment No. 963 on The PRESIDING OFFICER. The ator’s time has expired. health care. clerk will report. Mr. CONRAD. Mr. President, I raise a Mr. DEMINT. Mr. President, I wish to The bill clerk read as follows: point of order that the amendment is call up DeMint amendment No. 963. The Senator from South Carolina [Mr. not germane. The PRESIDING OFFICER. The DEMINT] proposes an amendment numbered The PRESIDING OFFICER. The mo- clerk will report. 964. tion to waive is considered made. The bill clerk read as follows: The amendment is as follows: Mr. GREGG. I ask for the yeas and The Senator from South Carolina [Mr. (Purpose: To establish a deficit-neutral re- nays on the motion. DEMINT] proposes an amendment numbered serve fund to protect small and home busi- The PRESIDING OFFICER. Is there a 963. nesses from the burdensome and imprac- sufficient second? The PRESIDING OFFICER. The tical requirements of the Consumer Prod- uct Safety Improvement Act of 2008) There appears to be a sufficient sec- amendment is as follows: ond. (Purpose: To provide for a point of order At the appropriate place, insert the fol- lowing: The question is on agreeing to the against any legislation that eliminates the ability of Americans to keep their health SEC. lll. DEFICIT-NEUTRAL RESERVE FUND motion. plan or their choice of doctor) FOR IMPROVEMENTS TO BAN ON The clerk will call the roll. LEAD IN CHILDREN’S PRODUCTS. At the appropriate place, insert the fol- (a) IN GENERAL.—The Chairman of the The bill clerk called the roll. lowing: Mr. DURBIN. I announce that the Committee on the Budget of the Senate may SEC. ll. POINT OF ORDER ON LEGISLATION revise the allocations of 1 or more commit- Senator from West Virginia (Mr. BYRD) THAT ELIMINATES THE ABILITY OF and the Senator from Massachusetts AMERICANS TO KEEP THEIR tees, aggregates, and other appropriate lev- HEALTH PLAN OR THEIR CHOICE OF els in this resolution by the amounts author- (Mr. KENNEDY) are necessarily absent. DOCTOR. ized to be appropriated for the programs de- The PRESIDING OFFICER (Mr. (a) IN GENERAL.—In the Senate, it shall not scribed in paragraphs (1) through (6) in 1 or WHITEHOUSE). Are there any other Sen- be in order, to consider any bill, joint resolu- more bills, joint resolutions, amendments, ators in the Chamber desiring to vote? tion, amendment, motion, or conference re- motions, or conference reports that fund The yeas and nays resulted—yeas 36, port that eliminates the ability of Ameri- consumer product safety, including any pro- nays 61, as follows: cans to keep their health plan or their choice gram that— of doctor (as determined by the Congres- (1) delays the lead ban in section 101 of the [Rollcall Vote No. 150 Leg.] sional Budget Office). Consumer Product Safety Improvement Act YEAS—36 (b) WAIVER.—This section may be waived of 2008 (15 U.S.C. 1278a) by 6 months; Alexander Cornyn Johanns or suspended only by an affirmative vote of (2) exempts thrift stores, consignment Barrasso Crapo Kyl three-fifths of the Members, duly chosen and shops, and other second hand sellers from Bayh DeMint McCain sworn. the provisions of such section; Bennett Ensign McConnell (c) APPEALS.—An affirmative vote of three- (3) exempts children’s motorcycles and all Bond Enzi Nelson (NE) fifths of the Members of the Senate, duly terrain vehicles from treatment as banned Brownback Graham Risch chosen and sworn, shall be required to sus- Bunning Grassley Roberts hazardous substances under such section; Burr Gregg Sessions tain an appeal of the ruling of the Chair on (4) exempts books from treatment as Chambliss Hatch Shelby a point of order raised under this section. banned hazardous substances under such sec- Coburn Hutchison Thune Mr. DEMINT. Mr. President, there tion; Cochran Inhofe Vitter are a number of concerns about this (5) allows a product to comply with the Corker Isakson Wicker budget, and I have heard from a num- lead ban in such section if every component NAYS—61 ber of Americans who see in the budget of the product complies with the ban; or (6) does not require products manufactured Akaka Harkin Nelson (FL) hundreds of millions of dollars for before the effective date of the ban under Baucus Inouye Pryor health care which suggests that the Begich Johnson Reed such section to be removed from store Bennet Kaufman Reid Government is not only going to ex- shelves. Bingaman Kerry Rockefeller pand into banks and auto companies (b) LIMITATION.—The authority described Boxer Klobuchar Sanders and education but to expand into in subsection (a) may not be used unless the Brown Kohl Schumer health care. One of the propositions appropriations in the legislation described in Burris Landrieu Shaheen paragraphs (1) through (6) of subsection (a) Cantwell Lautenberg President Obama made is that Ameri- Snowe Cardin Leahy cans will always be able to pick their would not increase the deficit over— Specter (1) the 6-year period beginning with the Carper Levin own plans and choose their own doc- Casey Lieberman Stabenow first day of fiscal year 2009; or Collins Lincoln Tester tors. This amendment simply codifies (2) the 11-year period beginning with the Conrad Lugar Udall (CO) that. It creates a point of order against first day of fiscal year 2009. Dodd Martinez Udall (NM) any legislation that would eliminate Dorgan McCaskill Voinovich Mr. DEMINT. Mr. President, I ask Durbin Menendez Warner the ability of a patient to pick their unanimous consent to add as cospon- Feingold Merkley Webb own plans or their own doctor. sors Senators BENNETT, ENZI, Feinstein Mikulski Whitehouse I encourage my colleagues to support Gillibrand Murkowski Wyden BROWNBACK, COBURN, and VITTER. it. The PRESIDING OFFICER. Without Hagan Murray The PRESIDING OFFICER. Mr. objection, it is so ordered. NOT VOTING—2 President, would Senator DEMINT be Mr. DEMINT. Mr. President, I ask for Byrd Kennedy willing to accept a voice vote? my colleagues’ attention because this Mr. DEMINT. If you can assure me we The PRESIDING OFFICER. On this is not a partisan amendment; it is not will win. vote the yeas are 36, the nays are 61. Mr. CONRAD. I assure you. a messaging amendment. Three-fifths of the Senators duly cho- Mr. DEMINT. It is a done deal. Thank Many of my colleagues have probably sen and sworn not having voted in the you. heard from a number of constituents affirmative, the motion is rejected. Mr. CONRAD. Mr. President, I ask to about some problems with the Con- The point of order is sustained and the take this on a voice vote. sumer Product Safety Act that we amendment falls. The PRESIDING OFFICER. The passed. This amendment simply allows Mr. SCHUMER. Mr. President, I question is on agreeing to the amend- for the improvement of that bill with move to reconsider the vote, and I ment. certain considerations such as allowing move to lay that motion on the table. The amendment (No. 963) was agreed current inventory to sell through, ex- The motion to lay on the table was to. empting thrift stores and secondhand agreed to. Mr. CONRAD. Mr. President, that sellers, exempting book sales and chil- Mr. CONRAD. Mr. President, we are gives us five. We are going to go to the dren’s motorcycles, allowing manufac- now down to six amendments and final countdown; five plus final passage. turers to prove there is no lead content

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.131 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4287 by proving that their components have Collins Kohl Reed The amendment is as follows: Conrad Landrieu Reid no lead contents. This means they (Purpose: To protect the freedom of con- Cornyn Lautenberg Rockefeller don’t have to destroy existing inven- Dodd Leahy Sanders science for patients and the right of health tory if they can prove it is safe. This Dorgan Levin Schumer care providers to serve patients without amendment does nothing to diminish Durbin Lieberman Shaheen violating their moral and religious convic- Feingold Lincoln safety, but it is common sense. Stabenow tions) Feinstein Martinez Tester On page 31, strike lines 3 through 7 and in- Gillibrand McCain Please, this is costing millions of dol- Udall (CO) Gregg McCaskill sert the following: ‘‘cans; lars, thousands of jobs across this Udall (NM) Harkin Menendez (8) maintain long-term fiscal sustain- Warner country. I encourage my colleagues to Inouye Merkley ability and pays for itself by reducing health support this amendment. Johanns Mikulski Webb care cost growth, improving productivity, or Mr. CONRAD. Mr. President, Senator Johnson Murray Whitehouse dedicating additional sources of revenue; or Wyden PRYOR has the time in opposition. Kaufman Nelson (FL) (9)(A) subject to subparagraph (B), protect Kerry Pryor Mr. CONRAD. Senator PRYOR has the the freedom of conscience for patients and time in opposition. NOT VOTING—2 the right of health care providers to serve The PRESIDING OFFICER. The Sen- Byrd Kennedy patients without violating their moral and religious convictions, which includes, but is ator from Arkansas is recognized. The amendment (No. 964) was re- not limited to, prohibiting— Mr. PRYOR. Mr. President, this jected. (i) discrimination on the basis of a pro- amendment is a bad amendment. Last The PRESIDING OFFICER. The Sen- vider’s objection to perform or participate in year, the Senate passed this legislation ator from North Dakota. specific surgical or medical procedures or with 97 votes. It is a good bill. It bans AMENDMENT NO. 870, AS MODIFIED prescribe certain pharmaceuticals; lead in children’s toys. It does so many Mr. CONRAD. Mr. President, I ask (ii) legal coercion against a provider who other great things to make sure our unanimous consent that the Thune expresses a conscience objection to perform marketplace is safe. It protects us from or participate in specific surgical or medical amendment, No. 870, be modified with procedures or prescribe certain pharma- unsafe Chinese toys. the changes which are at the desk, not- ceuticals; and We need to vote against this amend- withstanding adoption of the amend- (iii) government coercion of patients to en- ment. The problem is not with the act. ment. roll in specific health insurance plans or see It is very clear from the Consumer The PRESIDING OFFICER. Without pre-selected health care providers; and Product Safety Commission, where the objection, it is so ordered. (B) require the principles described in sub- Commissioner, who is not the Chair- The amendment, as modified, is as paragraph (A) shall not be construed to au- man, says that the single most impor- follows: thorize or shield from liability the denial, on tant step that needs to be taken in fur- On page 24, line 24, increase the amount by the basis of a patient’s race or present or predicted disability, of a surgical or medical therance of the implementation of the $99,000,000. On page 24, line 25, increase the amount by procedure or pharmaceutical that a provider CPSIA at the agency is to have a third $12,000,000. offers to others;’’. Commissioner who would also be a On page 25, line 4, increase the amount by The PRESIDING OFFICER. The Sen- chairman appointed to lead the agency. $28,000,000. ator from North Dakota. Until then, any legislative fixes are On page 25, line 8, increase the amount by Mr. CONRAD. Mr. President, Senator $59,000,000. premature. MURRAY has the time in opposition. The CPSC has the authority to fix all On page 27, line 23, decrease the amount by $99,000,000. The PRESIDING OFFICER. The Sen- the problems that have been raised by On page 27, line 24, decrease the amount by ator from Washington. the Senator from South Carolina. $12,000,000. Mrs. MURRAY. Mr. President, this I strongly urge that we vote for our On page 28, line 3, decrease the amount by amendment would put in place a regu- children and vote no on the DeMint $28,000,000. lation that would mean health care amendment. On page 28, line 7, decrease the amount by providers—not just doctors but any- Mr. CONRAD. Mr. President, I ask $59,000,000. body in a health care clinic or hos- for the yeas and nays. Mr. CONRAD. Mr. President, we are pital—could refuse millions of women The PRESIDING OFFICER. Is there a now down to three amendments and health care for critical services. It sufficient second? final passage, and one of the three can jeopardizes Federal family planning There is a sufficient second. be done on a voice vote. services, Medicaid, and title X, and it The question is on agreeing to the AMENDMENT NO. 828 undermines State laws that guarantee amendment. The next amendment in order is women access to contraceptive serv- The legislative clerk called the roll. Coburn amendment No. 828. ices. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- Health and Human Services has pro- Senator from West Virginia (Mr. BYRD) ator from Oklahoma. posed to rescind this rule which the and the Senator from Massachusetts Mr. COBURN. Mr. President, imagine Bush administration published when (Mr. KENNEDY), are necessarily absent. tomorrow morning, if we are in session, their clock was running out. The PRESIDING OFFICER. Are there and you no longer get to vote your con- This amendment puts ideology ahead any other Senators in the Chamber de- science, that a Federal bureaucrat will of science and ahead of women’s health siring to vote? tell you what you can and cannot do. care. Federal law already permits med- The result was announced—yeas 39, The fact is, we have wonderful physi- ical professionals to decline to assist in nays 58, as follows: cians in this country who make deci- abortions based on their religious be- [Rollcall Vote No. 151 Leg.] sions every day based on a multitude of liefs. But stopping this regulation will factors, including what they think in YEAS—39 not change that. This amendment goes their conscience is right. This is an way too far and ignores the needs of Alexander DeMint McConnell amendment which simply protects that Barrasso Ensign Murkowski patients and denies women reproduc- Begich Enzi Nelson (NE) right, just as you would want the right tive health care services. Bennett Graham Risch for your vote in this body to be pro- I encourage my colleagues to vote no. Bond Grassley Roberts tected. It also protects the conscience Mr. GREGG. I ask for the yeas and Brownback Hagan Sessions Bunning Hatch Shelby of a patient to be able to choose the nays. Burr Hutchison Snowe physician and the caregiver to whom The PRESIDING OFFICER. Is there a Chambliss Inhofe Specter they trust their body and their health. sufficient second? Coburn Isakson Thune I hope this body will support this There appears to be a sufficient sec- Cochran Klobuchar Vitter Corker Kyl Voinovich amendment. ond. Crapo Lugar Wicker I yield the floor. The question is on agreeing to the The PRESIDING OFFICER. The amendment. The clerk will call the NAYS—58 clerk will report the amendment. roll. Akaka Bingaman Cantwell The legislative clerk read as follows: The bill clerk called the roll. Baucus Boxer Cardin Bayh Brown Carper The Senator from Oklahoma [Mr. COBURN] Mr. DURBIN. I announce that the Bennet Burris Casey proposes an amendment numbered 828. Senator from West Virginia (Mr. BYRD)

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.134 S02APPT1 rfrederick on PROD1PC67 with SENATE S4288 CONGRESSIONAL RECORD — SENATE April 2, 2009 and the Senator from Massachusetts Mr. CONRAD. Mr. President, I ask ment. If they tested positive again, (Mr. KENNEDY) are necessarily absent. unanimous consent that we accept the then and only then would they be de- The PRESIDING OFFICER. Are there amendment. nied the benefit. any other Senators in the Chamber de- The PRESIDING OFFICER. Is there Under no circumstances, would the siring to vote? objection? Hearing no objection, it is children of that beneficiary be denied The result was announced—yeas 41, so ordered. the children’s benefit because they, of nays 56, as follows: The amendment (No. 751) was agreed course, would not be a guilty party in [Rollcall Vote No. 152 Leg.] to. any way. YEAS—41 Mr. CONRAD. Mr. President, I thank Mr. President, I reserve the remain- Alexander DeMint McCain Senator VITTER, and I also want to der of my time. Barrasso Ensign McConnell take just a moment to thank Senator The PRESIDING OFFICER. The Sen- Bennett Enzi Murkowski CRAPO for his graciousness in with- ator from North Dakota. Bond Graham Nelson (NE) drawing an amendment, as well as Sen- Mr. CONRAD. Mr. President, Senator Brownback Grassley Pryor ator MARTINEZ for his graciousness in Bunning Gregg Risch BAUCUS will speak in opposition to the Burr Hatch Roberts withdrawing an amendment. We appre- amendment. Casey Hutchison Sessions ciate it very much. The PRESIDING OFFICER. (Mr. Chambliss Inhofe Shelby Coburn Isakson AMENDMENT NO. 937 BEGICH). The Senator from Montana. Thune Cochran Johanns Mr. BAUCUS. Mr. President, I oppose Vitter We are now on to the final amend- Corker Kyl ment before final passage, No. 937, by this amendment for a lot of reasons. Cornyn Lugar Voinovich Crapo Martinez Wicker Senator VITTER. No. 1, this is an unfunded mandate. The The PRESIDING OFFICER. The Sen- TANF program, the low-income pro- NAYS—56 ator from Louisiana. gram, the welfare program, is a block Akaka Gillibrand Murray Mr. VITTER. Mr. President, I call up grant program. We give to all the Baucus Hagan Nelson (FL) Bayh Harkin Reed amendment No. 937. States and the States set up their own Begich Inouye Reid The PRESIDING OFFICER. The systems under TANF. This is an un- Bennet Johnson Rockefeller clerk will report. funded mandate. It tells States they Bingaman Kaufman Sanders The assistant legislative clerk read have to test all low-income people for Boxer Kerry Schumer as follows: drugs. Brown Klobuchar Shaheen Burris Kohl Snowe The Senator from Louisiana [Mr. VITTER] I think, frankly, it is a mean-spirited Cantwell Landrieu Specter proposes an amendment numbered 937. amendment. I believe we should not Cardin Lautenberg Stabenow Carper Leahy Mr. VITTER. Mr. President, I ask equate all low-income families with Collins Levin Tester unanimous consent to waive the read- drug addiction. States can decide for Udall (CO) Conrad Lieberman ing of the amendment. themselves if they want to drug test. Dodd Lincoln Udall (NM) Dorgan McCaskill Warner The PRESIDING OFFICER. Without My State of Montana does. TANF, Durbin Menendez Webb objection, it is so ordered. again, is a block grant program. States Feingold Merkley Whitehouse The amendment is as follows: can decide for themselves what they Feinstein Mikulski Wyden (Purpose: To require States to implement want to do. We should not equate all NOT VOTING—2 drug testing programs for applicants for low-income families with drug addic- Byrd Kennedy and recipients of assistance under the tion, and I strongly encourage this The amendment (No. 828) was re- Temporary Assistance for Needy Families amendment be soundly defeated. (TANF) program, which would encourage Mr. VITTER. Mr. President, how jected. healthy, drug-free families instead of en- The PRESIDING OFFICER. The Sen- much time do I have remaining? couraging dependent behavior or on-going The PRESIDING OFFICER. The Sen- ator from North Dakota. drug abuse) Mr. CONRAD. Mr. President, the next ator has 27 seconds remaining. At the appropriate place in title II, insert Mr. VITTER. Mr. President, I don’t amendment that is in order is amend- the following: understand what is mean spirited ment No. 751 by Senator VITTER, if he SEC.ll. RESERVE FUND TO REQUIRE DRUG could briefly mention the amendment. TESTING AND TO PROVIDE DRUG about not giving tax money to folks TREATMENT FOR TANF RECIPIENTS. who have drug problems and about try- AMENDMENT NO. 751 The Chairman of the Committee on the ing to get them help, which is the first Mr. VITTER. Mr. President, I call up Budget of the Senate may revise the alloca- and most important thing we can do to amendment No. 751. tions of a committee or committees, aggre- actually help them. The PRESIDING OFFICER. The gates, and other levels in this resolution for I urge broad bipartisan support for clerk will report. a bill, joint resolution, amendment, motion, this commonsense amendment. The legislative clerk read as follows: or conference report that— (1) Would require that States operate a The PRESIDING OFFICER. The The Senator from Louisiana [Mr. VITTER] question is on agreeing to amendment proposes an amendment numbered 751. drug testing program as part of their Tem- porary Assistance for Needy Families No. 937. Mr. VITTER. Mr. President, I ask (TANF) program; Mr. GREGG. I ask for the yeas and unanimous consent to waive the read- (2) Would provide treatment programs for nays. ing of the amendment. those who test positive for illegal drug use or The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without are convicted of drug-related crime; sufficient second? There appears to be (3) Would withhold TANF assistance for objection, it is so ordered. a sufficient second. The clerk will call The amendment is as follows: two years to any recipient who, after ini- tially testing positive and having been of- the roll. (Purpose: To protect the more than 6 million fered treatment, again tests positive; and The legislative clerk proceeded to Americans employed by the domestic oil (4) Would not reduce or deny TANF assist- call the roll. and gas industry and to ensure low-cost en- ance allocated for dependents if the depend- Mr. DURBIN. I announce that the ergy for America’s consumers, businesses, ent’s caretaker tests positive for drug use or and families) Senator from West Virginia (Mr. BYRD) is convicted of drug-related crime; by the and the Senator from Massachusetts On page 33, line 8, after ‘‘legislation’’, in- amounts provided in that legislation for that (Mr. KENNEDY) are necessarily absent. sert the following: purpose, provided that such legislation ‘‘would not increase the cost of producing would not increase deficit over either the The result was announced—yeas 18, energy from domestic sources, including oil total of the period of fiscal years 2009 nays 79, as follows: and gas from the Outer Continental Shelf or through 2014 or the period of the total of fis- [Rollcall Vote No. 153 Leg.] other areas; would not increase the cost of cal years of 2009 through 2019. YEAS—18 energy for American families; would not in- Mr. VITTER. Mr. President, this crease the cost of energy for domestic manu- Barrasso Cornyn Inhofe Brownback Crapo Isakson facturers, farmers, fishermen, or other do- amendment is very simple. It advances the policy of drug testing for welfare or Bunning DeMint Kyl mestic industries; and would not enhance Burr Ensign McConnell foreign competitiveness against U.S. busi- TANF recipients. If a recipient were to Chambliss Enzi Risch nesses; and’’ test positive, they would get treat- Coburn Grassley Vitter

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.142 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4289 NAYS—79 ‘‘electricity rates would necessarily the increasing funds for entitlement Akaka Gregg Nelson (FL) skyrocket.’’ Why is this a good idea? programs. I supported an amendment Alexander Hagan Nelson (NE) Economic historian John Steele Gor- offered by Senator GREGG, No. 835, to Baucus Harkin Pryor don draws this analogy to an energy establish a commission to examine the Bayh Hatch Reed tax in the recent issue of Commentary long-term obligations of the Federal Begich Hutchison Reid Bennet Inouye Roberts magazine: ‘‘If passed it will act on the Government and make recommenda- Bennett Johanns Rockefeller economy as a whole exactly the way a tions to reduce that spending. Simi- Bingaman Johnson Sanders governor acts on a steam engine, in- larly, I voted in favor of the McCain Bond Kaufman Schumer Boxer Kerry creasingly resisting any increase in amendment, No. 882, as an alternative Sessions Brown Klobuchar revolutions per minute. . . . The more budget resolution to lay down a mark- Shaheen Burris Kohl the economy tries to speed up the more er to encourage reductions in Federal Cantwell Landrieu Shelby Cardin Lautenberg Snowe [this tax] will work to prevent it from expenditures. The budget is just an Carper Leahy Specter doing so.’’ outline without any of these votes Casey Levin Stabenow Think about the incongruity between being determinative as to what will Cochran Lieberman Tester the growth predicted in President occur on appropriations bills, where I Collins Lincoln Thune Conrad Lugar Udall (CO) Obama’s budget and the policies his will take another look at spending pro- Corker Martinez Udall (NM) budget would partially implement. posals depending on circumstances at Dodd McCain Voinovich This budget would saddle American that time. Dorgan McCaskill Warner taxpayers, businesses, and industry— Mr. AKAKA. Mr. President, I support Durbin Menendez Webb the budget resolution for fiscal year Feingold Merkley everyone—with a bevy of new tax in- Whitehouse 2010. The resolution embraces many Feinstein Mikulski Wicker creases and regulations that, once en- Gillibrand Murkowski Wyden acted, will unavoidably harm job cre- priorities that I strongly support. They Graham Murray ation and growth by making it more include a renewed commitment to en- NOT VOTING—2 expensive for businesses to hire and by ergy efficiency, educational improve- Byrd Kennedy removing money from the private ments, middle-class tax cuts, and our The amendment (No. 937) was re- economy and transferring it to Wash- veterans. The resolution preserves the major jected. ington. priorities in President Obama’s budget Mr. REID. Mr. President, I move to How can our economy recover with that was submitted to Congress. The reconsider the vote. the Government hampering job cre- Mr. CONRAD. I move to lay that mo- ation and growth? President’s budget outlined a blueprint Facts are stubborn things, as Presi- for addressing and reversing the effects tion on the table. The motion to lay on the table was dent Reagan used to say. We know that of the deep recession, collapse of the agreed to. raising taxes in time of recession has housing and credit markets, and the Mr. KYL. Mr. President, during these never helped the economy grow. Why rise in joblessness that we inherited recent budget debates, I have been re- would this time be different? from the previous administration by Mr. FEINGOLD. Mr. President, I minded that some in Washington used setting the stage for sustained eco- strongly believe that the Senate needs to mock President Reagan for the nomic growth through investments in to address the serious and pressing ‘‘rosy economic scenarios’’ they said energy, education, and infrastructure, problem of climate change, and I look which were begun in the American Re- his budgets relied upon. But never— forward to that debate this Congress. I covery and Reinvestment Act, ARRA. until now—has any President’s eco- do not, however, believe it would be ap- Since President Obama’s budget was nomic model differed so fundamentally propriate to use the fast-track proce- submitted to Congress, the CBO’s re-es- from those predicted by most inde- dure known as reconciliation to con- timate of that budget has added $2.3 pendent analysts. sider climate change legislation. Rec- trillion to long-term deficit projec- President Obama’s budget chief, onciliation is intended for legislation tions. Accordingly, the resolution ad- Peter Orszag, predicts that from 2010– that reduces the deficit. I have strong- justs the President’s budget to cut the 2013 the economy will grow 4 percent a ly opposed past efforts to use reconcili- long-term deficit in half from $1.2 tril- year. But the blue-chip economic fore- ation to address policy matters, such lion in fiscal year 2010 to $508 billion in casters say it is much lower—about 2.7 as drilling in the Arctic National Wild- fiscal year 2014 while retaining the percent. That is a big difference when life Refuge. It wasn’t appropriate then; President’s core priorities. we are talking about hundreds of bil- it isn’t appropriate now. The resolution matches the funding lions of dollars. Mr. SPECTER. Mr. President, in ap- level in the President’s budget for fis- President Obama claims his budget proaching the budget for fiscal year cal year 2010 energy discretionary fund- will halve the deficit by 2014. But the 2010, I am heavily influenced by the ing to reduce our dependence on for- way it gets there is by first running up $700 billion expenditure in President eign sources of fuel, produce green jobs, a huge deficit and then cutting that Bush’s bailout package—it was badly promote renewable energy develop- number in half. The Congressional administered and I voted against re- ment, and improve the electric trans- Budget Office now projects a $1.669 tril- lease of the second $350 billion—and the mission grid, while encouraging energy lion deficit in 2009 that will bottom out President Obama twin brother $787 bil- conservation and efficiency. at $658 billion in 2012, which is still lion stimulus package. We have to take I am pleased that this resolution con- more than 40 percent above the highest a closer look than usual at the mount- tinues with green investments made in deficit during the Bush administration. ing deficits and mounting national the American Reinvestment and Re- But the Congressional Budget Office debt. These budget votes are all going covery Act and provides increases for also says the deficits accumulated by to be determined by the Democratic the energy efficiency and renewable en- Obama’s budget will then surge to $9.2 majority largely on party lines so my ergy program. The resolution will en- trillion in 2019. vote is really a protest vote and to able investments in further research President Obama has said he will cut show there is substantial concern, at and development in clean and sustain- taxes for 95 percent of Americans. But least with the loyal opposition, to able energy technologies from re- his budget would raise taxes by $1.4 limit Federal expenditures. To that sources that are abundant in my State trillion over 10 years. It not only lets end, I supported amendments offered of Hawaii, such as wind, solar, ocean, some of the existing tax rates expire— by Senators SESSIONS, No. 772, and hydrogen, and biomass. thus raising taxes—but implements a CRAPO No. 844, to freeze domestic dis- The resolution invests in our Na- colossal energy tax that will impact cretionary spending. I also supported tion’s future by fully funding the Presi- every American household—regardless amendments by Senators ALEXANDER, dent’s request for discretionary edu- of income—and is estimated to drop an No. 747, and GREGG, No. 739, to require cation and training programs. This in- additional $3,168 annual bill on every a 60-vote threshold on any budget reso- cludes expanding early childhood edu- family, on top of its existing energy lution that increases public debt. cation programs that have proven to be costs. Remember, candidate Obama Congress must take action to address so instrumental in preparing our Na- told us that under this energy plan, the current deficit spending especially tion’s children for future success. The

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A02AP6.143 S02APPT1 rfrederick on PROD1PC67 with SENATE S4290 CONGRESSIONAL RECORD — SENATE April 2, 2009 budget also increases support for pro- America’s ‘‘day of reckoning’’ has ar- years ago—indeed, a budget surplus grams designed to reach out to low-in- rived. The deficit spending of the past that was squandered. come students so that every child has administration and the economic col- Just as the economic crisis has hit an equal opportunity to succeed. Simi- lapse that began last fall have created the paychecks of American workers, it larly, by providing the necessary fund- deep structural problems that this has lowered the economic activity that ing to support a $5,550 maximum Pell budget inherits. funds the revenues we need to pay for grant award in the 2010–2011 school Along with short-sighted budget poli- our national priorities. year, this budget resolution will pro- cies that have put us deeper into debt, One key part of our response to this vide much needed assistance to individ- the collapse of our financial sector has crisis must be to fill the hole left in uals striving to achieve their higher brought down virtually every other our economy by the loss of 5 million education goals including adults re- sector of our economy. Those facts set jobs, the loss of so much economic ac- turning to school to revise and revamp the difficult context in which we do our tivity. Our economic recovery package, their skills in order to more effectively work. passed earlier this year, is a part of compete in today’s workforce. Delaware has not been spared from that response. I was also pleased to see that funding the waves of bad economic news that So a key function of this budget will was included in the budget resolution have swept over our Nation. We have be to continue to fill that gap in our to enhance and improve the capability seen the job losses in our manufac- economy, to continue to provide fami- of the Federal acquisition workforce. turing industries, layoffs in flagship lies, businesses, and state and local In my role as both chairman of the companies like DuPont, and governments with the resources they Subcommittee on Oversight of Govern- downsizing in our financial services in- need to slow, stop, and reverse the de- ment Management and a senior mem- dustry. cline in our economy. But if we are to move beyond the cur- ber of the Armed Services Committee, Nationally, we just lost another rent crisis, we must make the invest- I have long advocated for improve- three-quarters of a million jobs last ments that will reshape our future. month. In Delaware, our statewide un- ments in the hiring and retention of This budget is a clear statement of Federal employees. Similarly, I strong- employment rate has hit 7.4 percent, a new priorities: it lays down a new foun- ly support funding for the reform of level we have not seen in a generation. dation for economic growth. These are As families in Delaware and around Department of Defense processes for the priorities, these are the commit- the acquisition of weapons systems in- the country sit at their kitchen tables, ments President Obama and Vice Presi- they know that the world outside has cluding the reduction of no-bid and dent BIDEN campaigned on. These are cost-plus contracts. changed. For those who have lost their the priorities the American people As chairman of the Federal Work- jobs, for the husbands, the mothers, voted for last November. force Subcommittee, I am pleased the who have come home with that heart- We must not lose sight of the lesson resolution provides pay parity between breaking news—the process of sorting before us: under the previous adminis- Federal civilian and military service- out mortgage payments, health insur- tration we gave free rein—and huge fi- members in the average annual pay ance, groceries—even school books and nancial rewards—to short-term risk- raise, which is consistent with more lunch money—has taken on a sad ur- taking, to highly leveraged debt, to than 20 years of congressional prece- gency. deals that many times were not worth dent and my priorities. For the others, whose neighbors are the paper they were written on. Turning to items in the budget reso- out of work, whose neighborhood now We now know that tens of billions, or lution for the Department of Veterans has a foreclosure or two mixed in with maybe more, of those paper profits Affairs, the resolution includes the the for sale signs, whose own jobs could were created by criminal enterprises President’s request, plus $540 million to be among the next to go—basic deci- like the one run by Bernie Madoff. Oth- compensate for the ill-advised proposal sions about family priorities are grow- ers, while legal, tread on the very bor- that would have billed veterans’ insur- ing tougher every day. der of our outdated and poorly enforced ance companies for service-connected We must not forget those families as rules and regulations. care. President Obama made the right we do our work here on the Federal At the same time, we failed to recog- decision not to move forward with that budget this week. nize and support average families in proposal. Veterans’ care and benefits But this budget reflects another re- their struggles with rising health care are a cost of war and treatment for ality, as well. It reflects the funda- costs, with the rising costs of a college conditions directly related to service is mental strengths of our country—our education. the responsibility of the government faith in the future, our ability to pull We wasted years when we could have alone. together, the strengths of our national invested in cleaner and more efficient The resolution also includes manda- character. domestic sources of energy, while our tory budget authority for important And this budget reflects the change dependence on dirty, dangerous, uncer- benefits, such as compensation and in direction, the change in priorities tain sources of imported oil increased. pension, for veterans and their sur- and values, the American people voted Those wasted years made our country vivors. I look forward to working with for last November. more vulnerable to those who control my colleagues and the administration To help with family finances, this oil reserves. to enact the funding increases and tar- budget provides tax cuts to middle- The American people have rejected geted programs to help VA adapt to the class families. those failed policies and misplaced pri- changing needs of veterans and their To begin the work of making our orities. This budget replaces them with loved ones. health care system more affordable, an agenda for rebuilding our economy My colleagues, this resolution, with this budget makes health care more ac- and reasserting our values. its targeted investments and changed cessible for families and small busi- Budgets are statements of our prior- public-policy priorities, will help us ad- nesses. ities, here in Washington, at the kitch- dress the essential needs of the Nation. It makes a college education more en tables of families in Delaware, in I urge my colleagues to support the accessible and more affordable, so our the homes of families around the coun- budget resolution for fiscal year 2010. children can qualify for the jobs that try. Mr. KAUFMAN. Mr. President, I be- will define our economic future. No budget is perfect. All budgets re- lieve the document we are now debat- This budget starts winding down our flect difficult choices. In this economic ing reflects two basic realities. First, it dependence on imported fossil fuels, by crisis, our choices are more difficult, reflects the deep troubles that we have investments in clean and renewable en- and our decisions carry more impor- inherited from years of lax regulation, ergy we can provide right here—cre- tance. excessive risk, neglected oversight, ating new processes, new products, and I believe this budget reflects the best even fraud and criminal behavior in new jobs. balance of addressing our present cri- our financial sector. And it begins the process of restoring sis, building a foundation for the fu- As President Obama said when he ad- the balance to our Nation’s finances—a ture, and putting our finances on a sus- dressed the Joint Session of Congress, balance we had achieved just eight tainable path.

VerDate Nov 24 2008 06:24 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.090 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4291 I urge my colleagues to join me in more work ahead. While hard-working 2004, to increase the number of organ supporting it. families struggle to make ends meet, donations. Currently, over 100,000 indi- Mr. LEVIN. Mr. President, I will vote we owe it to them to continue to invest viduals are on the organ transplant for this budget resolution. It rightfully in their futures. waiting list, and more than 83,000 of recognizes that our way through these I am pleased that this budget resolu- those are in need of a kidney trans- difficult times is by investing in our fu- tion includes my proposal to establish plant. On average, patients wait 4 ture, with significant funding for infra- a deficit-neutral reserve fund to pro- years before receiving a kidney trans- structure, energy independence and mote American manufacturing. Con- plant. Medicare spends about $55,000 programs that ensure the safety, gress needs to take bold, decisive ac- per patient per year for dialysis. This health, and education of our Nation’s tion to revitalize our domestic manu- means that every kidney donation has children. This budget resolution makes facturing sector. The U.S. has lost the potential to save Medicare as much clear that we cannot continue to cut more than 4.1 million manufacturing as $220,000. Unfortunately, nearly 6,000 taxes for a handful of wealthy individ- jobs since January 2001 and over 300,000 people die every year while waiting for uals, at the expense of the many and manufacturing jobs in Michigan since a transplant. By doing more to educate hope that someday the benefits will January 2001. It is important that we people about donation and developing trickle down. That course of action revitalize and maintain a strong manu- programs to encourage donation, we would lead to deeper and deeper defi- facturing base in the U.S. The manu- can take steps to reduce that number. cits. facturing industry faces pressure from Mr. President, this budget will con- The prior administration’s fiscal international corporations that are tinue the job of getting our great Na- policies failed. They left us in difficult strongly supported by their respective tion back on track, and it deserves to and uncertain times. Unemployment in governments; our own government pass. my state of Michigan and across the needs to lend similar support to keep Mr. GREGG. Mr. President, I ask country is sky high. The financial mar- American manufacturing companies unanimous consent that a list of orga- kets are in turmoil, and millions of competitive in the global marketplace. nizations opposing this budget resolu- hard-working Americans that still The deficit-neutral reserve fund in- tion be printed in the RECORD. have jobs are not only concerned about cluded in this budget lays the ground- There being no objection, the mate- their depleted savings and retirement work for legislation to address impor- rial was ordered to be printed in the accounts, but making their mortgage tant initiatives to boost American RECORD, as follows: payments. And now, some of the great- manufacturing. I look forward to con- OUTSIDE GROUPS KEY VOTING AND OPPOSING est companies in our country are under tinuing to work with my colleagues to THE SENATE BUDGET RESOLUTION great duress. stimulate the manufacturing sector in GROUPS KEY VOTING AGAINST FINAL PASSAGE Our shared ability to navigate these a meaningful way, and make a wise in- OF THE BUDGET troubled waters will depend upon our vestment in the long-term growth, Americans for Prosperity, Americans willingness to come together. Through health, and stability of the manufac- for Tax Reform, Associated Builders this budget resolution, the Senate will turing industry. and Contractors, Center for Fiscal Ac- set the blueprint for its work to help The budget wisely includes a deficit- countability, Citizens Against Govern- reverse the past administration’s failed neutral reserve fund to accommodate ment Waste, Club for Growth, Con- fiscal policies that have been so dam- legislation that would provide invest- cerned Women for America, Freedom aging to our economy. ments in clean energy and reduce Works, Independent Electrical Con- The Budget Committee includes in greenhouse gas emissions, leaving the tractors, International Foodservice this resolution deficit-neutral reserve details of the legislation to the appro- Distributors Association, National As- funds to promote economic recovery priate committees of jurisdiction. The sociation of Wholesaler-Distributors, and growth, investments in infrastruc- threat of climate change is real and its and National Taxpayers Union. ture, and a long overdue commitment impacts could be catastrophic if we do GROUPS OPPOSING THE BUDGET to the health of Americans. With ade- not act quickly. Clean energy and ad- American Conservative Union, Amer- quate funds, we can modernize the vanced technologies hold the promise ican Family Business Institute, Ameri- health care system by continuing to for making real progress on reducing cans for Limited Government, Associ- progress towards health information harmful greenhouse gases. ated General Contractors, Club for technology. With additional dollars to While swift action is needed to con- Growth, Council on National Policy, help support and strengthen the health front the daunting challenges of global Family Research Council, National As- care workforce, we are making a firm climate change, I oppose misusing the sociation of Manufacturers, Numbers statement that we will no longer shirk budget reconciliation process in the USA, Small Business Entrepreneurship our responsibilities and will continue consideration of climate legislation. Council, Tax Relief Coalition, and U.S. to fight for the 45.7 million uninsured That legislation would influence every Chamber of Commerce. individuals who have not had access to sector of the U.S. economy and could GROUPS OPPOSING USING RECONCILIATION FOR health care. have far-reaching impacts across the HEALTH CARE AND CARBON TAX WITHIN THE This budget will help reduce our de- globe. For this reason, I supported an BUDGET pendence on foreign oil. It allows us to amendment offered by Senator Business Roundtable, National Fed- improve our educational system. And JOHANNS that would prohibit the use of eration of Independent Business, Na- it provides tax relief to millions of reconciliation for climate legislation. I tional Mining Association, and Small middle-income Americans, including voted in support of the Johanns amend- Business & Entrepreneurship Council. providing much-needed relief from the ment to reaffirm my opposition to an The PRESIDING OFFICER. The ma- alternative minimum tax. Congress, extremely truncated process for cli- jority leader. and our citizens, have long known that mate legislation, which would make a Mr. REID. Mr. President, I wish to this tax was never intended to hit mid- deliberative approach impossible. Tak- say a brief word so we know what we dle-class families. ing action on climate change legisla- are going to do when we get back on I am also pleased that this budget tion to protect public health, the econ- Monday, 2 weeks from Monday. paves the way for using our committed omy, and natural security should be First of all, I express my apprecia- resources to restore our financial sys- done in a thoughtful way and not tion to the whole Senate for the out- tem, while providing critical trans- rushed through Congress. standing work done by the managers of parency and accountability for tax- I was pleased to join Senator DORGAN this bill, Chairman CONRAD, Ranking payers. While I was pleased to support in proposing an amendment to provide Member GREGG. They did wonderful the economic stimulus packages, they an increase of $10 million for organ do- work. All the Senate speaks with one only provided a partial solution to fix- nation activities at the Health Re- voice in recognizing the tremendous ing our economy’s problems. We cannot sources Services Administration. This difficulty of this resolution. The work stop now. Although we have already modest amendment is aimed at ful- was done with civility. We had difficult taken unprecedented efforts to stimu- filling the promise of the Organ Dona- amendments. This is a day the Senate late and revive our economy, there is tion and Recovery Improvement Act of should be proud.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.109 S02APPT1 rfrederick on PROD1PC67 with SENATE S4292 CONGRESSIONAL RECORD — SENATE April 2, 2009 I applaud and commend, I repeat, on I wish to thank each of our col- Mr. ENSIGN. Mr. President, I hate to behalf of the entire Senate, the bril- leagues for that. I especially wish to throw a little cold water on this whole liant work done by these two fine gen- thank Leader REID for his support ‘‘Kumbaya’’ party we are having, but I tlemen. throughout this process; Senator MUR- think it is an important precedent that When we come back, I was hoping we RAY, who I think has a special knack we determine tonight. would not have to have this vote on for convincing people not to offer I rise to make a parliamentary in- Monday, but it appears we are going to amendments. Thank goodness for Sen- quiry regarding the status of the budg- have to. We have two wars going on. ator MURRAY. To my colleague, Sen- et resolution: Specifically, I rise to in- One, as we know, Afghanistan, and one ator GREGG, you could not ask for a quire if the resolution remains a privi- we cannot put out of our mind in Iraq. better partner. There is no one more leged measure, notwithstanding the One of the great career senior foreign professional, more decent or somebody adoption of 10 corrosive points of order, service officers whom we have had in whose word is better than Senator 8 of which reach into the jurisdiction of recent years, Christopher R. Hill of GREGG. I deeply appreciate it, as well the Finance Committee, 1 of which Rhode Island, has been nominated by as his professional staff, who have been reaches into the Veterans’ Committee, the President to be Ambassador to terrific to work with. and 1 into the Judiciary Committee. Iraq. On our side, Mary Naylor, my staff In the case of the Durbin amend- It is hard to comprehend, but I am director; John Righter and Joel Fried- ment, No. 974, the point of order speci- going to have to file cloture on that to- man, my deputies; Joe Gaeta, Steve fies, with exacting detail, what level of night before we leave. I would hope ev- Bailey, Mike Jones, Jamie Morin, Stu taxpayer must receive a tax cut in eryone who is trying to hold up this Nagurka, Steve Posner, Sarah Kuehl, order to allow death taxes to go for- man would give this some thought. and all the others who have contrib- ward. How does this look? It does not look uted. Therefore, I put the question to the very good. But we are going to go This has been a labor of love. They Chair: Does the pending budget resolu- ahead, and we are going to have this have worked night and day, weekends tion retain its privileged status despite cloture vote on Monday. We have a lot for months, and I deeply appreciate these corrosive points of order having of other things we could work on. We their sacrifice. been adopted? have a lot to do. We have a 5-week The VICE PRESIDENT. The Repub- The VICE PRESIDENT. It does. lican leader. work period when we get back. I have Mr. ENSIGN. Further parliamentary Mr. MCCONNELL. Mr. President, let already informed the Republican leader inquiry: Does that mean it would re- me briefly echo the remarks of the ma- quire 60 votes for passage? as to what days we are not going to jority leader and congratulate Chair- have votes; there are three of them. The VICE PRESIDENT. It does not man CONRAD and Ranking Member I hope everyone has a good 2 weeks. require 60 votes for passage. GREGG and say we have a lot of fresh- We have a lot of time we need to spend Mr. ENSIGN. Further parliamentary men Senators. You probably think this inquiry: Is losing its privileged status at home. We have not been home. is a tough day. I might mention to you, at this point, does that mean it would These have been very long periods, two this is one of the least tough budget be still fully debatable? long work periods we have had since we days we have had in the time that I The VICE PRESIDENT. It has not have become a new Congress. have been here. I think I see the Vice lost its privileged status. Of course, I have to say for all of us, President smiling. He would agree with Mr. ENSIGN. So that would be the it is very exiting to all of us to see the that. Presiding Officer. That is a tribute largely to Senator precedent for the future, 8 to 10 corro- sive amendments does not lose its priv- The VICE PRESIDENT. The Senator GREGG and Senator CONRAD. Thank you from New Hampshire is recognized. so much for an excellent job. ileged status. Mr. GREGG. Mr. President, I would The VICE PRESIDENT. The Senator The VICE PRESIDENT. This par- like to take a minute to thank the ma- from Massachusetts. ticular budget resolution has not lost jority leader and Republican leader for Mr. KERRY. Mr. President, I wish to its privileged status. their assistance in helping us move make a plea, if I can publicly. There is Mr. ENSIGN. I thank the Chair. this bill in a reasonably expeditious still time between now and tomorrow The VICE PRESIDENT. The Senator way, considering it is the budget. to try to do something differently on from Kansas. I especially wish to thank the chair- this question of sending our Ambas- Mr. BROWNBACK. Mr. President, to man and his staff, headed up by Mary sador to Iraq. briefly respond to the Senator from Naylor. They do an extraordinary job. Senator LUGAR is supportive. I am Massachusetts, the chairman of the They are extremely professional and supportive. There is bipartisan support distinguished Foreign Relations Com- very courteous to the minority. It is for this nominee. He is going to be ap- mittee has raised a serious issue about always an open and fair process when proved. We all know that. Iraq is expe- Ambassador Hill. we take up the budget, and they set an riencing increasing political difficul- A number of us on our side have seri- excellent standard. ties, and the missing ingredient of our ous questions about Ambassador Hill I additionally wish to thank my capacity to get the success we want is and how he conducted himself in the staff, headed up by Cheri Reidy and political reconciliation. last assignment. I would like to see Jim Hearn, Allison Parent, and they do Ambassador Crocker has not been what some of those instructions were a fabulous job. I also wish to thank the well recently. He has put enormous en- from that assignment. folks up there on the dais because they ergy in this effort. Getting Christopher I recognize the seriousness of the sit- stay here all day and make sure we are Hill there in the next 2 weeks can uation we are in in Iraq, no question in order and keeping things on the make a difference. I would urge our about that. But I have serious reserva- move and we thank them very much colleagues, if there are other issues tions about his position in going to for their time. linked to this, there are other ways to that. I think this will be a good period Mr. BAUCUS. Mr. President, the work it through. of time for us to get some of these chairman of the committee and the My hope would be that we would be questions answered from the State De- ranking member did such a wonderful able to free him up. It is a terrible mes- partment. job. I think we should all express our sage to send, to tie him to issues of I have proffered a letter to them. I appreciation. North Korea or otherwise extraneous. have some serious questions about (Applause, Senators rising.) It handicaps our capacity to maximize what took place during the negotia- The VICE PRESIDENT. The Senator our efforts in a war. tions with North Korea and a possible from North Dakota. If we are going to treat a war seri- missile launch that will take place Mr. CONRAD. Mr. President, I wish ously, we ought to treat this Ambas- even in this interim, and this was our to thank all of our colleagues. This is sador nomination seriously. I would lead negotiator there. a tough, difficult day for all of us. I ask my colleagues to think about that For those reasons, I, amongst others, think the Senate has conducted itself while there is an opportunity to be able am raising questions at this time. I well and distinguished itself today. to approve it in these next 24 hours. think they need to be answered before

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.146 S02APPT1 rfrederick on PROD1PC67 with SENATE April 2, 2009 CONGRESSIONAL RECORD — SENATE S4293 he is approved for such an important him this way—has not had the oppor- ited experience, we can hope, will grow, spot for the United States. tunity that he seeks to talk to Mr. and she will be an effective Assistant The VICE PRESIDENT. The question CARTER. He has made a commitment Secretary. is on the adoption of the concurrent that he will do so as quickly as he pos- There are other people much more resolution, as amended. sibly can after the recess so we can qualified who could fill this position. Mr. CONRAD. I ask for the yeas and hopefully get to this nomination very As I said, this is a very humble lady. nays. promptly. It is essential this be taken She has served with great distin- The VICE PRESIDENT. Is there a up. guished service in the Armed Services sufficient second? So in light of the assurance I have re- of this country. There is no personal There is a sufficient second. The yeas ceived from Senator SHELBY particu- animosity nor direction toward her in- and nays have been ordered. The clerk larly, and I have talked also to Senator dividually. But the fact is, one of our will call the roll. SESSIONS about this matter, I am not most difficult agencies is the Depart- The legislative clerk called the roll. going to make that unanimous consent ment of Homeland Security. It has big Mr. DURBIN. I announce that the request tonight. problems, conflicts, lack of trans- Senator from West Virginia (Mr. BYRD) Ms. KLOBUCHAR. Mr. President, I parency, and inefficiency. is necessarily absent. suggest the absence of a quorum. It is my hope that after she is con- The result was announced—yeas 55, The PRESIDING OFFICER. The firmed, she will, in fact, be up to the nays 43, as follows: clerk will call the roll. task, and we, both in the Senate and as [Rollcall Vote No. 154 Leg.] The assistant legislative clerk pro- American taxpayers, will get real value YEAS—55 ceeded to call the roll. out of her service. Mr. COBURN. Mr. President, I ask With that, I yield the floor. Akaka Hagan Murray Baucus Harkin Nelson (FL) unanimous consent that the order for f Begich Inouye Pryor the quorum call be rescinded. Bennet Johnson Reed The PRESIDING OFFICER. Without EXECUTIVE SESSION Bingaman Kaufman Reid objection, it is so ordered. Boxer Kennedy Rockefeller Brown Kerry Sanders f EXECUTIVE CALENDAR Burris Klobuchar Schumer Cantwell Kohl NOMINATION OF JANE HOLL LUTE Shaheen Mr. REID. Mr. President, I ask unan- Cardin Landrieu Stabenow Mr. COBURN. Mr. President, in a few imous consent that the Senate proceed Carper Lautenberg Tester Casey Leahy minutes there will be a unanimous con- to executive session to consider, en Conrad Levin Udall (CO) sent request on a voice vote for a nomi- bloc, Calendar Nos. 37, 38, 39, 41, 42, 44, Dodd Lieberman Udall (NM) 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 58, 59, Warner nee to the No. 2 position at Homeland Dorgan Lincoln 60, and all nominations on the Sec- Durbin McCaskill Webb Security—a very nice lady by the name Feingold Menendez Whitehouse of Ms. Lute. retary’s desk; that the Agriculture Feinstein Merkley Wyden I would make the point, as the sec- Committee be discharged, and the Sen- Gillibrand Mikulski ond most senior member on Homeland ate proceed, en bloc, to PN206, PN213 NAYS—43 Security on the minority side, I cast a and PN221; that the nominations be Alexander DeMint McConnell ‘‘no’’ vote for this person in com- confirmed, en bloc, the motions to re- Barrasso Ensign Murkowski mittee, and that is very well detailed consider be laid upon the table, en bloc, Bayh Enzi Nelson (NE) in my statement. and that no further motions be in Bennett Graham Risch But I think there are some important order. Bond Grassley Roberts Brownback Gregg Sessions things the American people should The nominations considered and con- Bunning Hatch Shelby know about her previous service in firmed en bloc are as follows: Burr Hutchison Snowe terms of the peacekeeping forces under INTERNATIONAL BANKS Chambliss Inhofe Specter Coburn Isakson her direction as far as the procure- Timothy F. Geithner, of New York, to be Thune Cochran Johanns ment, management, and followup. United States Governor of the International Vitter Collins Kyl Here is what we know. Forty-three Monetary Fund for a term of five years; Corker Lugar Voinovich Wicker percent of all the money spent on United States Governor of the International Cornyn Martinez Bank for Reconstruction and Development Crapo McCain international peacekeeping at the United Nations was either involved in for a term of five years; United States Gov- NOT VOTING—1 ernor of the Inter-American Development fraud or kickback schemes and illegal Byrd Bank for a term of five years; United States contracting. Governor of the African Development Bank The concurrent resolution (S. Con. The other thing we know is that the for a term of five years; United States Gov- Res. 13), as amended, was agreed to. international peacekeepers raped and ernor of the Asian Development Bank; (The resolution will be printed in a abused hundreds and hundreds of peo- United States Governor of the African Devel- future edition of the RECORD.) ple, for which at this time today the opment Fund; United States Governor of the Mr. DURBIN. Mr. President, I move services under the direction of Ms. European Bank for Reconstruction and De- to reconsider the vote. Lute have not been directed toward or velopment, vice Henry M. Paulson Jr., re- signed. Mr. LEVIN. I move to lay that mo- the care given for those individuals tion on the table. who suffered those consequences. DEPARTMENT OF STATE The motion to lay on the table was The other thing we know is that the Richard Rahul Verma, of Maryland, to be agreed to. contracting associated with her admin- an Assistant Secretary of State (Legislative The PRESIDING OFFICER. (Mr. Affairs). istration in the U.N. was associated Esther Brimmer, of the District of Colum- BEGICH). The Senator from Michigan. with several no-bid contracts that were bia, to be an Assistant Secretary of State f inefficiently done and ineffectively car- (International Organization Affairs). ried out. It is on that basis that I Rose Eilene Gottemoeller, of Virginia, to NOMINATION OF ASHTON CARTER agreed not to hold up her nomination. be an Assistant Secretary of State Mr. LEVIN. Mr. President, I had the She will go through, and she will be (Verification and Compliance). intent, when we got to executive ses- confirmed. But this nominee has to Karl Winfrid Eikenberry, of Florida, to be sion, of asking unanimous consent that prove herself at the Department of Ambassador Extraordinary and Pleni- potentiary of the United States of America Calendar item No. 47, Ashton Carter’s Homeland Security. I am willing to be to the Islamic Republic of Afghanistan. nomination, be agreed to by unanimous proven wrong, but the fact is, her rea- Melanne Verveer, of the District of Colum- consent. There is a hold on this nomi- son for the problems she had at the bia, to be Ambassador at Large for Women’s nation. The two Senators who have U.N. was the lack of cooperation at the Global Issues. that hold have indicated to me their U.N. She is going to be running a much DEPARTMENT OF DEFENSE reasons for it. One of those Senators— larger budget with greater responsibil- James N. Miller, Jr., of Virginia, to be and I have talked to Senator SHELBY; ities, and if, in fact, that is the case, Deputy Under Secretary of Defense for Pol- there is no objection to my identifying and it was all the U.N., then her lim- icy.

VerDate Nov 24 2008 07:50 Apr 03, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G02AP6.147 S02APPT1 rfrederick on PROD1PC67 with SENATE