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

Vol. 155 WASHINGTON, WEDNESDAY, MARCH 25, 2009 No. 51 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator that we would not be, but there is al- called to order by the Honorable TOM from the State of New Mexico, to perform ready an order to that effect. I wanted UDALL, a Senator from the State of the duties of the Chair. to explain that. New Mexico. ROBERT C. BYRD, President pro tempore. f PRAYER Mr. UDALL thereupon assumed the RECOGNITION OF THE The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. REPUBLICAN LEADER fered the following prayer: f The ACTING PRESIDENT pro tem- Let us pray. RECOGNITION OF THE MAJORITY pore. The Republican leader is recog- Most holy and gracious God, who LEADER nized. turns the shadow of night into morn- f ing, thank You for the gift of this new The ACTING PRESIDENT pro tem- day. As we work for You and country, pore. The majority leader is recog- AMBASSADOR RYAN CROCKER let the light of Your countenance shine nized. Mr. MCCONNELL. Mr. President, it is upon our lawmakers, calming their f appropriate for us to honor, from time to time, outstanding public servants troubled thoughts and guiding their SCHEDULE feet in the way of peace. Lord, give whose work on behalf of the American them the ability to see the small Mr. REID. Mr. President, following people might otherwise be overlooked. things that need their attention and leaders’ remarks, we are going to have Next week, Ambassador Ryan Crock- the courage to see the things that are morning business for up to 1 hour. The er will return home to Washington not and ask ‘‘Why not’’? Turn their first 30 minutes will be controlled by State after a remarkable career pro- minds and hands to the tasks that the Democrats and the Republicans moting America’s interests abroad. In bring glory to Your Name, and may will control the second 30 minutes. a career spanning nearly 40 years, Am- their words and thoughts be acceptable During that time, Senators will be al- bassador Crocker has represented the to You. May the knowledge of Your lowed to speak therein for up to 10 United States in some of the most blessings to our Nation awaken in minutes each. challenging environments. So it is fit- them a deeper commitment to You. Following morning business, we will ting that we pause to honor him for a We pray in Your wonderful Name. proceed to, once again, take up the Na- job well done. Amen. tional Service Reauthorization Act, A graduate of Whitman College in f H.R. 1388. At noon, we are going to vote Washington, Ryan Crocker joined the on the confirmation of David Kris to be Foreign Service in 1971, beginning a ca- PLEDGE OF ALLEGIANCE Assistant Attorney General. We have a reer that would take him to diplomatic The Honorable TOM UDALL led the special Democratic caucus from 12:30 to posts in Iran, Qatar, Egypt, Lebanon, Pledge of Allegiance, as follows: 2 p.m. today. The President will be at and Iraq. Ambassador Crocker served I pledge allegiance to the Flag of the that caucus. After the caucus, the Sen- as Ambassador to Syria, Kuwait, Leb- United States of America, and to the Repub- ate will resume consideration of the anon, Pakistan, and, most recently, lic for which it stands, one nation under God, national service legislation. Rollcall Iraq. Clearly, he has not shied away indivisible, with liberty and justice for all. votes are expected to occur throughout from a challenge. And he has excelled f the afternoon. We are not going to be at every one. APPOINTMENT OF ACTING in recess from 12:30 to 2 p.m. Earlier in his career, Ambassador PRESIDENT PRO TEMPORE I suggest the absence of a quorum. Crocker served in Lebanon during the The ACTING PRESIDENT pro tem- Israeli invasion of 1982 and the bomb- The PRESIDING OFFICER. The pore. The clerk will call the roll. ing of the U.S. Marine barracks in clerk will please read a communication The assistant legislative clerk pro- 1983—experiences from which he would to the Senate from the President pro ceeded to call the roll. later draw important lessons while tempore (Mr. BYRD). Mr. REID. Mr. President, I ask unan- serving in Iraq, particularly in 2007, The legislative clerk read the fol- imous consent that the order for the when Shia militias and Sunni insur- lowing letter: quorum call be rescinded. gents fed sectarian tensions and tribal U.S. SENATE, The ACTING PRESIDENT pro tem- feuds. PRESIDENT PRO TEMPORE, Ambassador Crocker’s career spanned Washington, DC, March 25, 2009. pore. Without objection, it is so or- To the Senate: dered. the entire Middle East and recent U.S. Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, we will be history. But he will undoubtedly be re- of the Standing Rules of the Senate, I hereby in recess from 12:30 until 2 p.m. I said membered most for his service in Iraq.

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

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VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.000 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3740 CONGRESSIONAL RECORD — SENATE March 25, 2009 Success in Iraq was never ensured, but President inherited: Record deficits. fice, had a surplus. What happened it was made far more likely by the Record deficits that President George with the Republican rule? Deficits as presence of Ryan Crocker. As Ambas- W. Bush’s own party supported. It is far as the eye can see. These are the sador from March 2007 to February very important that we remember that facts. This isn’t rhetoric—debt of $10 2009, he was instrumental in carrying when George W. Bush got the key to trillion, $11 trillion. out the diplomatic tasks required to the Oval Office, we had surpluses. Then Let’s look at what the Republicans implement the counterinsurgency we saw a 50-percent increase in spend- said about the Clinton budget that we strategy, and to successfully defend ing. We saw a debt that was about to be know, because time has passed, history that strategy before a skeptical Con- put away go up in major proportions. has shown, created 23 million jobs, gress. He also carried out the negotia- We are seeing the playing out of the stopped the deficits, turned them into tion that produced the Status of Forces worst recession since the Great Depres- surpluses, and got the debt going on Agreement, and he helped Iraqis sion, a financial market in crisis, and a the way down. What did our Repub- through provincial elections. In all housing market in crisis because of the lican friends say then? this, Ambassador Crocker forged a deregulation that was the centerpiece Wayne Allard said then as a Rep- strong partnership with GEN David of George W. Bush’s and the Repub- resentative: Petraeus that protected our Nation’s licans’ leadership. In summary, the plan has a fatal flaw—it interests in Iraq at a moment of peril. We are paying the price of those does not reduce the deficit. Ryan Crocker has served his Nation years today. We have a young Presi- Wrong. Wrong. Wayne Allard contin- with honor, and our country owes him dent who came into office and said: Be ued: a debt. He is a diplomat’s diplomat, the patient, we are going to change the So we are still going to pile up some more best of the best, and a tribute to the way we do business in this country. debt, but most of all, we are going to cost State Department that he has served. And we are going to do that. We start- jobs in this country. He is also a very fine man, and I wish ed with the stimulus bill that got not That is what Republican Wayne Al- him well in retirement and the best of one Republican vote on the House side, lard said about the Clinton budget— luck in the future. Ambassador Crock- although some of my Republican ‘‘. . . we are still going to pile up some er may be leaving the stage, but his friends over there are running around more debt, but most of all, we are service to our Nation will not be for- my State taking credit for the bill they going to cost jobs. . . .’’ Wrong—23 mil- gotten. voted against. We had three Repub- lion jobs created. I yield the floor. licans over here, whom I praise might- Senator Pete Domenici said of the The ACTING PRESIDENT pro tem- ily for having the courage to do the Clinton budget that created 23 million pore. The Senator from California is right thing and get this economy back jobs and turned the deficit into a sur- recognized. on track. plus: Mrs. BOXER. Mr. President, what is We have seen the loss of 3.3 million It’s just a mockery. the order? jobs in the last 6 months. The Presi- Our friend, Senator ORRIN HATCH, a dent is dealing with two ongoing wars leader of the Republicans, still here f that, by the way, were never paid for in and going strong, I am happy to say, he RESERVATION OF LEADER TIME the budget. They were taken off the is my friend—he said: The ACTING PRESIDENT pro tem- budget. He now puts them in the budg- Make no mistake, these higher rates will cost jobs. pore. Under the previous order, leader- et so that the American people can see ship time is reserved. the truth. President Bush put them in Talking about the Clinton budget emergency spending even though we and the taxes in it. f knew he needed to fund them. Make no mistake, these higher rates will MORNING BUSINESS What we have in the President’s cost jobs. budget is a refreshing change of re- Wrong—23 million jobs created. The ACTING PRESIDENT pro tem- ality, honesty, integrity, and invest- How about Senator Phil Gramm, one pore. Under the previous order, the ments that have to be made. What are of the leaders of the Republicans in the Senate will proceed to a period of we getting from our Republican Senate at the time of the Clinton budg- morning business for up to 1 hour, with friends? We are getting just what we et that created 23 million jobs, took Senators permitted to speak therein got when the Clinton budget passed the deficit, turned it into surplus, what for up to 10 minutes each, with the without one Republican vote. I want to did he say? time equally divided and controlled be- take us back to that because I think it I want to predict here tonight that if we tween the two leaders or their des- is very interesting, intriguing, and en- adopt this bill, the American economy is ignees, with the majority controlling lightening to see what our Republican going to get weaker and not stronger, the the first half and the Republicans con- friends said about the last Democratic deficit 4 years from today will be higher than trolling the second half. President’s budget. You would have it is today and not lower. . . . When all is said and done, people will pay more taxes, The Senator from California is recog- thought the sky was falling. You would nized. the economy will create fewer jobs, Govern- have thought the universe would never ment will spend more money, and the Amer- f survive. I have some of the quotes they ican people will be worse off. made about the Clinton budgets. THE BUDGET Wrong. Phil Gramm was wrong. Oh, If people will remember, Al Gore, as Phil Gramm, he is the one who said Mrs. BOXER. I came to the floor to Vice President, had to come over here this recession was in our minds. talk about the budget debate. I think it and cast the tie-breaking vote on that Here is another quote of Phil is very important that we let the budget. Here is what happened as a re- Gramm—remember, he was a leader of American people know where we are on sult of that budget; we will talk about the Republicans then—talking about the budget and what this debate is that first. As a result of the Clinton the Clinton budget that created 23 mil- really all about. budget, we saw 23 million new jobs cre- lion jobs and cut our deficit and turned We have a new President and we have ated in this country—not millions of it into a surplus: a new budget, thank goodness. We have jobs lost but 23 million jobs created. . . . [T]his program is going to make the a budget that reflects the hopes and What happened to the deficit under the economy weaker. . . . Hundreds of thousands dreams of the American people. We Clinton budget? It went down, down, of people are going to lose their jobs as a re- have a budget that is going to cut the down, and we wound up with a surplus. sult of this program. deficit in half by the time this Presi- We voted for the Clinton budget, the Guess what he also said: dent’s term is over. We have a budget first Democratic budget in a while, and I believe that hundreds of thousands of that is absolutely open in terms of the what happened? Twenty-three million people are going to lose their jobs as a result way it spends our money and the way new jobs were created and the budget of this program. I believe that Bill Clinton it saves our money. was in balance. will be one of those people. It is important that we take a look As a matter of fact, George W. Bush, Bill Clinton got reelected and the at the type of economy this young when he took the keys to the Oval Of- economy created 23 million jobs, the

VerDate Nov 24 2008 02:16 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.001 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3741 deficits went down, we had a surplus, down. We know what happened to the The President is coming today to the and the debt was almost eviscerated. deficits. They turned into surpluses. Hill to meet with us. I am very much What did our good friend CHUCK George W. Bush takes the White House, anticipating his presentation. GRASSLEY say? CHUCK GRASSLEY is our the Republicans take over, and what We know what this President inher- good friend. He has taken a lead happened? The worst recession since ited. We know the fiscal mismanage- against this budget document. He is the Great Depression, terrible loss of ment. We know the misplaced prior- one of the leaders against the Obama jobs, deficits record high, which they ities. We know, we know, we know. The budget. Let’s see what he said about never complained about, debt record American people understand that is the Clinton budget that created 23 mil- high. We get a new President who why this President, despite getting lion new jobs and cut the deficits, comes in and says: I have a plan to pounded day after day on this floor, on turned them into surpluses, and had turn it all around. What do they do? the airwaves, and on conservative talk the debt going down, one of the most They come down to the floor with the shows, is still maintaining a strong prosperous times in our history as a re- same old politics. majority of Americans who say: Give sult of the Clinton budget. What did If I gave you the quotes I am hearing this man a chance. CHUCK GRASSLEY say? of my colleagues—Senator SHELBY is Who else in history inherited two I really do not think it takes a rocket sci- all over, they are all over the place— wars and the biggest economic night- entist to know this bill will cost jobs. disaster, Armageddon, the world is end- mare since the Great Depression? No- Wrong. ing, we are going to lose jobs, we are body. The wars were not of his making, Connie Mack, another leader, a friend going to have deficits as far as the eye and the economic mess is not of his of mine, now retired, a Republican can see; what a nightmare. It is the making. He is addressing them. He ad- leader—this is what he said about the same old politics and, by the way, the dressed it in the stimulus package that Clinton budget: same old policies, which is tax breaks is going to start to pay off for us. This bill will cost America jobs, no doubt for the wealthiest among us, shorting It is tough times, but he is doing about it. the investments that the people of this what has to be done. He went forward country need, not tackling health care, and he said: You know what, I have a Bill Roth said: not tackling energy, not tackling edu- plan to get these banks on their feet. It will flatten the economy. . . . I am con- cation—all the things this President He was honest. He said: I have bad cerned what it will do to jobs. I am con- cerned what it will do to our families, our wants—not tackling the deficits, and choices and worst choices. communities, to our children’s future. we have to know they got us into this If there is a tragedy in our families and we find out one of our loved ones Senator Roth was wrong—23 million crisis. I do not enjoy reiterating all of this has cancer and the doctor comes to us jobs created, one of the most pros- because it brings back some fights I and says: There are two treatments. perous times in our Nation’s history, was in. But I am going to do it every There is a tough chemotherapy treat- deficits went down, debt on the way day as long as I hear the same rhetoric, ment and there is a tough radiation out. the same politics, the same policies treatment. You have to pick between So our Republicans have a visceral that got us into this mess in the first those two treatments to cure this can- reaction when there is a Democratic place. cer. It is a hard choice. Our President President. They come and they exco- The American people had a choice in faces very hard choices when it comes riate our Democratic President, and November. They had a choice in Senate to straightening out this mess. But the they are wrong. They are wrong. Look races, they had a choice in House races, American people want him to try and at the record. This is the beauty of they had a choice in the Presidential try he is. what I am saying. I do not have to de- race. Did they want the same old poli- If we can get these bad assets off the fend it. I know what they said, and I tics, did they want the same old poli- hands of these banks and get them know what happened to the economy. cies that got us into the crisis? Guess lending again, we basically save the fi- Newt Gingrich—still a major leader what they said. They wanted change, nancial system. If we don’t save the fi- in the Republican Party, some people and they are getting change. We have nancial system, we are going to have to say the leader—about the Democratic the same rhetoric flowing from my take it over. This President does not President’s budget, Bill Clinton: ‘‘It friends on the other side of the aisle. I want to do that and I do not want to do will kill jobs.’’ Wrong. It will ‘‘lead to thought they were going to change the that and I do not think most Ameri- a recession, and the recession will force image of their party. I thought they cans want that. So he is doing what it people off of work and onto unemploy- were going to change the message of takes. ment and will . . . increase the def- their party. It is the same old stuff. The housing crisis—I am so happy to icit.’’ Wrong. You could substitute a name for a hear people are refinancing. It is very John Kasich—we have seen him on name. It is the same thing they are important. That is going to put more television a lot. He was a leader then in saying about the Barak Obama budget money in the pockets of people. It is the Republican Party. This is what he that they said about the Clinton budg- going to make it more affordable for said about Bill Clinton’s budget, not et, and it doesn’t fly because our new them to stay in their homes. dissimilar to the Barak Obama budget President understands we have to Our President has a budget blueprint in the sense that it is a plan to cut the make some changes. He understands we to get us out of this mess. We all know deficit and make investments—make need to invest in America’s future, in he is not going to get every line in good investments. This is what he said: jobs, in health care, in energy inde- there he wants. He knows that. Senator This plan will not work. If it was to work, pendence, and in education. CONRAD is working with him. We will I’d have to become a Democrat . . . We know the deficit predictions are have a reserve fund in there for the John, if you are watching me, it is different coming out of the Congres- things we want to do for health care your time because the plan worked—23 sional Budget Office than they are and energy, and I am going to work million jobs. You didn’t become a Dem- coming out of the White House office. very hard so we can, in fact, have a ocrat. You said you would. Everybody knows we are going to ad- cap-and-trade system that brings fund- Peter King—what did Peter King say just this budget here and there to ing in and puts people to work, it gets about the Clinton budget that created make sure the numbers reflect reality. us off dirty energy. We will have the 23 million jobs and cured the deficit This President understands that. I ability to do that. The point is, this problem? watched him at his press conference. President deserves to have his prior- [I]t is because of budgets such as this that He said: What I care about is jobs, ities in place. the economy is going to be damaged. health care, energy independence, edu- I wish to say in closing to my Repub- Wrong. Wrong. cation, and deficit reduction, he added. lican friends: Go back a few years in Flash forward. We know what hap- That is a major focus of his agenda. He time. See how wrong you were. Admit pened under Bill Clinton. We know says: As long as I get jobs, health care, that you were wrong. Then go back and about the 23 million jobs. We know energy independence, education, and see what you said about the Bush budg- what happened to the debt. It went deficit reduction, I am a happy person. et. I didn’t get a chance to go through

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.003 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3742 CONGRESSIONAL RECORD — SENATE March 25, 2009 those quotes. I will do that the next the thousands of earmarks that are ership of the House to develop the legislative time I take the floor. When the Bush placed in these bills. We have not had calendar for the rest of this fiscal year. budget came down and we saw what a process that is transparent. In an ef- Thank you for your time and consideration. happened with the Bush budgets, they fort to aid this process in such a man- Sincerely, ner that we do have some degree of fis- Bob Corker; Thad Cochran; John McCain; were adopted by Republicans, and they Judd Gregg; Roger F. Wicker; Jeff Ses- received lots of votes from their side, cal discipline in this body, 41 Repub- sions; David Vitter; Jim DeMint; John unanimous. All we had out of that was lican Senators have signed a letter Thune; Lindsey Graham; Lamar Alex- unemployment and deficits. They said: which states that we believe that by ander; John Ensign; Saxby Chambliss; Oh, this is going to be a great budget. the August recess at least eight appro- James M. Inhofe; Tom Coburn; Robert They are wrong. They have been priations bills should be voted on in F. Bennett; Jon Kyl; Richard Burr; Mel wrong—wrong on the Clinton budget, singular fashion—eight single bills by Martinez; James E. Risch; John wrong on the Bush budget, and now the August recess. Barrasso; Michael B. Enzi; Christopher This body has on many occasions S. Bond; Pat Roberts; George V. they are wrong on the Obama budget. Voinovich; Chuck Grassley; Mike As one Senator, I wish to say this: I taken up each appropriations bill by itself, fully debated it, discussed the Johanns; Arien Specter; Richard C. never forget. I forgive all the time, but Shelby; Mike Crapo; John Cornyn; I never forget. I have these quotes. earmarks, discussed the things that Orrin G. Hatch; Olympia J. Snowe; They are real. They are in the RECORD. cause these bills not to be appropriate, Susan M. Collins; Richard G. Lugar; I am going to bring them out con- had amendments, and passed these bills Johnny Isakson; Kay Bailey Hutchison; stantly. out of the Senate. So these 41 Repub- Lisa Murkowski; Jim Bunning; Sam Remember, when you hear these Re- licans stand together urging the leader Brownback; Mitch McConnell. publicans come out and trash Barak of the Senate, urging the Appropria- Mr. CORKER. Mr. President, I yield Obama’s budget, it is the same thing tions Committee to follow this best the floor, and I suggest the absence of they did to the Clinton budget and way of doing business, and that is to a quorum. they were wrong—wrong then and they vote on these bills individually. Obvi- The ACTING PRESIDENT pro tem- are wrong now. ously, we hope this occurs. And cer- pore. The clerk will call the roll. We have to give this President the tainly as part of the Senate process, in The legislative clerk proceeded to support he needs. Not that we are going the event that we are not able to meet call the roll. to give every line—I don’t agree with those objectives, we will avail our- Mr. ALEXANDER. Mr. President, I every line in it—but basically the selves of all appropriate procedural ask unanimous consent the order for methods to ensure that is the case. thrust of what he wants, the invest- the quorum call be rescinded. Mr. President, I thank you for the ments and the deficit reduction. The ACTING PRESIDENT pro tem- time this morning, and I ask unani- Mr. President, I yield the floor, and I pore. Without objection, it is so or- mous consent to have printed in the suggest the absence of a quorum. dered. RECORD the letter signed by all 41 Re- The ACTING PRESIDENT pro tem- Mr. ALEXANDER. Would the Chair publican Senators. please advise me when I have used 10 pore. The clerk will call the roll. There being no objection, the mate- minutes. The assistant legislative clerk pro- rial was ordered to be printed in the ceeded to call the roll. The ACTING PRESIDENT pro tem- RECORD, as follows: Mr. CORKER. Mr. President, I ask pore. The Chair will do so. unanimous consent that the order for U.S. SENATE, Washington, DC, March 24, 2009. f the quorum call be rescinded. Hon. HARRY REID, THE BUDGET The ACTING PRESIDENT pro tem- Majority Leader, U.S. Senate, pore. Without objection, it is so or- Washington, DC, Mr. ALEXANDER. Mr. President, one dered. DEAR MAJORITY LEADER REID: As you de- of the encouraging things that hap- f velop the legislative calendar for the rest of pened in Washington this year is that this fiscal year we believe it is critical to al- the President sent us a budget that was APPROPRIATIONS PROCESS locate an appropriate amount of time for the more transparent and more open than Mr. CORKER. Mr. President, I rise Senate to consider, vote and initiate the con- previous budgets. It was a 10-year ference process on each of the twelve appro- today to talk about the appropriations priations bills independently through a de- budget instead of 5 years. It gave us a process we conduct here in the Senate, liberative and transparent process on the blueprint for the future in that way, and have come here, as you have, in Senate floor. the way we ought to be thinking about the not too distant past and been abso- For a variety of reasons, over the past sev- things. It included some things that lutely amazed by the lack of fiscal dis- eral years, the Senate has failed to debate, had not been included before: the cost cipline that exists here in Washington. amend and pass each of the bills separately of the war; the so-called AMT fix—to I know the Presiding Officer probably prior to the end of the fiscal year. Far too address the millionaire’s tax the Con- often this has resulted in the creation of om- shares some of my views about the way nibus appropriations bills that have been gress passed in the 1960s designed to we go through the appropriations proc- brought to the floor so late in the fiscal year catch 155 people who were not paying ess and the fact that at the end of the that Senators have been forced to either pass any taxes, but today will catch 28 mil- year, on many occasions, we end up a continuing resolution, shut down govern- lion people, mostly middle-class Amer- with a large omnibus bill that does not ment or consider an omnibus bill. These om- icans, unless we fix it; and what around give the American public, certainly not nibus bills have not allowed for adequate here is irreverently called the ‘‘doc Senators and House Members, the abil- public review and have clouded what should fix,’’ to deal with the mandated 20-per- otherwise be a transparent process. As our ity to actually go through this process President said on March 11, 2009, he expects cent cut in what Medicare pays its phy- in a thoughtful way that respects the future spending bills to be, ‘‘. . . debated and sicians. That cut in physician pay- fact that these are our citizens’ re- voted on in an orderly way and sent to (his) ments is not going to happen, we know sources which we tend to bulk together desk without delay or obstruction so that we that, so the President included that in in a way that it is not transparent. don’t face another massive, last minute om- the budget. There was money for help- Our President, on March 11—and I nibus bill like this one.’’ ing to fix the banks, to get the toxic agree with him very much on this— The Senate should begin floor consider- assets out of the banks and get credit ation of the appropriations bills during the said that future spending bills should early summer months to ensure that an ap- flowing again, get the economy moving be debated and voted on in an orderly propriate amount of time is available to ex- again, and that was in the budget. way and sent to his desk without delay amine, debate and vote on amendments to On big issues like health care, the or obstruction so we don’t face another the bills. We believe the Senate should pass President said: Let’s work in a bipar- massive last-minute omnibus bill like at least eight of the appropriations bills by tisan way. I invite the Congress to this one—and he was talking about the the August recess. In order to press for a come up with a bill. Many Members of bill that we passed. I could not agree more transparent process, we will consider Congress said the same thing. The using all available procedural tools to guar- more with the President in that regard. antee regular order for appropriations bills. President held a health care summit I think what we have seen is that we Noting our intentions, we hope you will earlier this month. I agree with the have not had the ability to examine plan accordingly as you work with the lead- President we should try to reform

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.004 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3743 health care this year. Most Repub- to Korea, says he will fix the banks and Health care is 17 percent of the licans agree with that, that we need to he will get credit flowing and he will American gross domestic product. make it possible for every single fam- honorably concentrate his focus on These are big issues. Are we going to ily to afford health insurance. People that until the job is done—I think we have a single-payer system? Is every- who are losing their jobs today or were believe he can do that. So he was right body going to have Medicare? Is any- between jobs ever understand what dif- to put the money in the budget, which body going to have a choice of a doc- ficulty this causes families. So that I understand now may be coming out. tor? Is anyone going to have a choice of was encouraging. So we have a budget that is not real- an insurance policy? What about the Now, I hear some very different ly a budget anymore. It is not a clear guaranteed costs? Will all Americans sounds coming from around the Con- picture. While I have been very com- have the same kind of health coverage gress. It makes me wonder who is in plimentary of the President for his that Federal employees, including Sen- charge here. I hear that instead of a 10- straightforwardness in the budget, that ators, have? Is that a good idea? Will year budget, we may have a 5-year does not mean I have to like what is in we give more permission to large em- budget. The problem with the 5-year the budget because I do not. But before ployers to connect behavior to health budget is most of the problems in the I get to that part of it, let me talk care premiums so that we can have 10-year budget are in the second 5 about the two things that concern me more prevention of disease? How much years. This budget spends too much, most about what may be coming down do we spend on people who are older taxes too much, borrows too much. It the road and which I hope do not come. and where we are spending more time? doubles the debt in 5 years, the na- One of them is the idea that we would Mr. President, I do not believe there tional debt, and it nearly triples the use the budget to pass a health care is another Republican speaker. I ask national debt in the 10-year period. So bill to transform the health care sys- unanimous consent to speak another 5 we need to know where we are headed tem and the American economy. The minutes. with this budget, and we will not know second is the idea that we would use The PRESIDING OFFICER (Mr. BEN- if we just talk about the next 5 years. the budget to impose a national sales NET) Without objection, it is so or- I hear that we are going to act like tax on electric bills, gasoline prices, dered. the so-called millionaire’s tax, the and all energy—in other words, to im- Mr. ALEXANDER. The health care AMT, is fixed. That is not fixed; we pose a cap-and-trade system on vir- bill ought to be written by, as Senators have to deal with it. The ‘‘doc fix’’ to tually the whole economy. BAUCUS and GRASSLEY have said, the avoid cuts in physician payments? We We need to reform health care. We Health and Finance Committees, by are just not going to include that in need to debate climate change and cap the full Senate, with full participation. and trade. But we need to do it in the the budget, so I hear. We are going to I mean, technically, you know, the way the Congress is supposed to do it, have to deal with that. We all know we Democratic majority can say: We won not by slipping it through with 51 votes are going to have to deal with that. We the election, we will write the bill. when we are supposed to be making a ought to put that in the budget. The President Bush was Commander in budget, just because we can do that. Chief, and technically he could wage cost of the war should be there. We Think about that for a moment. The war in Iraq without the bipartisan sup- need to recognize the first order of President has created this tremen- port of Congress. But that helped him business in this country is to fix the dously good environment for dealing lose the support of the country. It dam- banks and get credit flowing again. with health care. He ran on a cam- Secretary Geithner came forward aged his Presidency. And it will do the paign: I am going to change the way with a plan on Monday that I hope things are done in Washington. People same for President Obama if he is not works. At least for the first time we need to work across party lines to get allowed to continue on the path he are beginning to address the central things done on big issues that affect began on, which is a bipartisan effort problem of what we do about the toxic the country. in the Congress to bring a health care assets in the banks that are causing That is what the President said. He is bill this year. the banks to freeze up and not loan, right about that. There are a lot of new I mean, the Republican leader of the bringing everything to a halt. Get the Senators who were elected saying the Senate, in his first speech, went to the toxic assets out and lending increases, same thing. There are a lot of Senators National Press Club here in Wash- houses begin to sell, jobs begin to be who have been here before, like me, ington and he said: Mr. President, I am created again, people go back to work, who said exactly this—I am here to try ready to work with you across party the economy improves. to work across party lines to get re- lines on entitlements. The most explo- So it was a very prudent thing for the sults on big issues. There is not a big- sive, runaway cost in Government is President to put in his budget a $250 ger issue than health care, after we get Medicare and Medicaid. And it is better billion placeholder for the banks. He through fixing the banks. to reform health care before we put re- may need to ask us for that. In my The President had, as I mentioned, duced costs on Medicaid. If we just put view, I thought he should have asked the health care summit at the White caps on the existing system, it would us for it in January. House—off to a much better start, this blow up. I thought, instead of passing a $1 tril- President, than President Clinton was So we are ready to do that. I don’t lion stimulus bill, borrowing and when he tried to deal with the same know what more the Republicans could spending money we don’t have, that it issue early in his administration. The say to send this clear message: We are would have been better for President President also had a fiscal responsi- ready to work across party lines. And Obama to do now as President Eisen- bility summit in February that I at- the President has said it himself. So hower did in 1952 when he said: I shall tended where health care was a major why are we having this debate about go to Korea. And he went to Korea. topic. We were all there, and various whether to pass a health care bill as That was the issue then. It was not the people got up and said: We need to part of the budget. That is not right for only issue then, just like today there work on this, do this together. The the country, and it needs to stop today. are lots of different things Presidents President wisely said: I am not going The idea of passing a so-called cap- need to do. But Eisenhower said: I will to send a proposal. I am going to let and-trade energy tax in the middle of a go to Korea. He arrived there just a few the Congress develop a proposal. We recession as part of the budget—that is days after Thanksgiving. He said: I will will work with you on these things. equally unwise. This is a major new honorably focus my attention on the Well, all of a sudden, we hear that idea and proposal, to impose this na- war until it is ended. The people elect- the health care plan might be coming tional tax on the country that pro- ed him for that and he did that and he through on the budget. How can we duces 25 percent of all of the money in gained the confidence of the American possibly do that? If the President and the world and 25 percent of all of the people. Senate Democrats try to use this ar- energy in the world. And we have no I and most Americans have great cane budget procedure to reform health idea what it would do. We do know one confidence in this President. If Presi- care, it will be the Parliamentarian thing it would do: it would raise prices dent Obama, in the same way that and his wonderful staff who will end up a lot. It would raise the price of your President Eisenhower said he would go writing the health care bill. electric bill by a lot, and it would raise

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.007 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3744 CONGRESSIONAL RECORD — SENATE March 25, 2009 the price of your gasoline at the pump much of a way to police that, and it is number of Senators—looks like more by a lot. That may not be as much of not a very good idea. than two dozen—opposing using the a problem today as it was a year ago. This carbon tax, this national sales budget reconciliation process to expe- When gas goes back up to $3 or $3.50, tax, goes all the way to 2050. So it dite passage of climate legislation. A you can be sure there will be plenty of takes $60, $80 $120, $150 billion a year second letter comes from the Repub- people worrying about it. And when out of the economy—maybe not doing lican members of the Committee on they hear that a national energy tax everything it’s expected to do—in the Environment and Public Works. It ob- applied to gasoline, to fuel, has the ef- name of dealing with climate change. jects to collecting $646 billion in new fect in the first several years of raising Well, the first thing is, imposing this climate revenues from the American the price of gasoline but not reducing new tax in the middle of a recession is people in the middle of a recession. the carbon that causes climate change, a supremely bad idea. There being no objection, the mate- they are going to be really mad about Second, that doesn’t mean we have to rial was ordered to be printed in the that because they will say: Then why stop our efforts to deal with climate RECORD, as follows: did you do that? I care about climate change and clean air. In fact, we can U.S. SENATE, change, they may say, but why would accelerate our clean energy efforts. Washington, DC, March 12, 2009. you impose a remedy on me that raises They begin with the 2005 Energy bill. I Hon. KENT CONRAD, see the ranking member of the Energy Chairman, Committee on Budget, U.S. Senate, my price but doesn’t do anything about Washington, DC. Committee on the floor, Senator MUR- the carbon I am worried about? Hon. JUDD GREGG, Some might say: Well, what we KOWSKI. She was a major part of that, Ranking Member, Committee on Budget, U.S. should have done is have a low-carbon and she will be a major part of this de- Senate, Washington, DC. fuel standard that would gradually bate as we go along. But we can pro- DEAR CHAIRMAN CONRAD AND RANKING kick in, give the economy a chance to mote conservation and efficiency with- MEMBER GREGG: We oppose using the budget adjust, so that we can, for example, be out having a national tax on every reconciliation process to expedite passage of climate legislation. driving electric cars which we can plug electric bill. Enactment of a cap-and-trade regime is in at night using power generated by As Al Gore has said, buildings are 40 likely to influence nearly every feature of existing nuclear plants and coal plants. percent of carbon. So let’s go to work the U.S. economy. Legislation so far-reach- We don’t have to build one new power on that. I know that in Tennessee we ing should be fully vetted and given appro- plant, not one new coal plant, not one waste more energy than any other priate time for debate, something the budget new windmill for the purpose of charg- State. We have the highest use per cap- reconciliation process does not allow. Using ita of electricity. If we just changed 12 this procedure would circumvent normal ing these new electric cars. So we could Senate practice and would be inconsistent have a low carbon fuel standard, plug lightbulbs in each house, we could save with the Administration’s stated goals of bi- our plug-in cars in at night, and that the equivalent of a nuclear power partisanship, cooperation, and openness. would be a better result than putting a plant. That would be a smart thing to We commend you for holding the recent big, new national sales tax on the econ- do. Let’s start with conservation and hearing, entitled ‘‘Procedures for Consider- omy in the middle of a recession. efficiency. Let’s electrify half of our ation of the Budget Resolution/Reconcili- There are a lot of questions about cars and trucks. We can do that be- ation,’’ which discussed important rec- ommendations for the upcoming budget de- this proposal even if we weren’t in a re- cause the automobile companies are bate. Maintaining integrity in the budget cession. Creating a big slush fund here building the cars and trucks. Let’s plug process is critical to safeguarding the fiscal in Washington—nothing more dan- them in at night when the electricity health of the United States in these chal- gerous than that. You saw that with is cheap. We don’t have to build one lenging times. the stimulus bill. Put a trillion dollars new power plant, the Brookings Insti- Sincerely, out here, and Congress goes crazy. Ev- tute says. Mike Johanns; Robert C. Byrd; David erybody has an idea about what to do. Three, let’s make solar power cost Vitter; Blanche L. Lincoln; George V. We can all spend money. And if we competitive with power from fossil Voinovich; Carl Levin; Johnny Isakson; Evan Bayh; Christopher S. Bond; Mary bring all of this money in here, Con- fuels. We have been really miserly Landrieu; James E. Risch; E. Benjamin gress will find a way to spend it. And I about energy research and develop- Nelson; Lamar Alexander; Robert P. guarantee, it is a lot of money. This ment, and we ought to be bending over Casey, Jr.; Michael B. Enzi; John tax would raise $60, $80, $100 billion a backward to put money wisely to make McCain; Tom Coburn; Jim Bunning; year and bring it to Washington. The solar costs competitive, as the Na- John Barrasso; John Ensign; Bob Cork- President says: Well, we ought to give tional Academy of Engineering says, to er; James M. Inhofe; Chuck Grassley; most of it back to the people. Well, find a way to capture carbon from ex- Roger F. Wicker; Mike Crapo; Susan M. which people? In what way? Why not isting coal plants, to find ways to re- Collins; Thad Cochran; Kay Bailey Hutchison; Mark L. Pryor; Lisa Mur- all of it? That should be a debate. process nuclear waste. kowski; Pat Roberts; Saxby Chambliss; Should this tax be economy-wide, if While we are worrying about carbon, Sam Brownback. we ever have it? Why not do as I have why don’t we set as a goal to build 100 suggested and just put a cap and trade new nuclear power plants. Nuclear U.S. SENATE, COMMITTEE ON ENVI- on power plants—that is 40 percent of power is 20 percent of our electricity, RONMENT AND PUBLIC WORKS, carbon—and a low-carbon fuel standard but it is 70 percent of our carbon-free, Washington, DC, March 19, 2009. on fuel—that is another 30 percent. So nitrogen-free, sulfur-free, and mercury- DEAR COLLEAGUE: The President’s 2010 free electricity. Why are we going slow Budget proposal contains a risky, ill defined why do you need an economy-wide cap new energy tax that has the potential to and trade to affect small business and on it? continue the economic recession for many farms and manufacturing? So we would say no to higher taxes, years to come. We are writing this letter to And then who gets all of the money higher prices, and more subsidies—cer- alert you to this situation and ask that you raised from this energy tax? A lot of tainly not in the middle of a reces- join us in a budget resolution amendment to the big companies came up to Capitol sion—and yes to more conservation, strike any such provision. Hill when they first heard about this more efficiency, more nuclear power, Specifically, the President’s 2010 Budget more electric cars, and more research proposal asks to collect $646 billion dollars in cap and trade proposal. They saw a lot new ‘‘Climate Revenues’’ from the American of money coming into Washington and and development on solar, advanced people. The government will collect these they thought they might get free al- biofuels, nuclear, and carbon capture. new revenues through a cap and trade lowances to produce carbon. But now That is a pretty good agenda for deal- scheme in which ‘‘allowances’’ are sold to the President wants to spend all of ing with clear air and climate change, the highest bidder. The government won’t that money, and the companies are not and it doesn’t impose an unwise, multi- tax consumers directly, but it will impose so sure they like the idea anymore. billion dollar national tax on electric new costs on energy producers and users who What about offsets? Offsets are a bills in the middle of a recession, which will in turn pass those higher costs on to consumers, which will result in higher elec- racket. You know, they have become a would hurt the economy. tricity bills, gasoline prices, grocery bills, racket. Somebody saves a little carbon Mr. President, I ask unanimous con- and anything else made from conventional in Madagascar. Well, you get credit for sent to have printed in the RECORD a energy sources. In short, consumers will feel it in the United States. There is not couple of letters. One is a letter from a as if they are paying a new tax on energy.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.008 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3745 The stated price tag for this new energy differences of opinion, but then let’s I yield the floor. tax is $646 billion, yet recent news reports in- follow the President’s wise beginning f dicate that administration officials are pri- on health care and reform it this year vately admitting their program will actually in the way he has suggested and the CONCLUSION OF MORNING generate between ‘‘two and three times’’ this BUSINESS amount of revenue, or between $1.3 trillion way he campaigned on. And let’s take and $1.9 trillion, However, these numbers the energy issue and the climate The PRESIDING OFFICER. Morning represent only the cost from 2012 through change issue and let’s look carefully at business is closed. 2019. The budget summary describes the en- how we have the right clean energy ergy tax extending at least through 2050. At strategy, which some of us believe is f the 2012 through 2019 average annual rate, different from just taxes and high NATIONAL SERVICE families and workers would face through 2050 prices and more subsidies. REAUTHORIZATION ACT between $6.3 trillion and $9.3 trillion in high- As far as the budget in general, we er energy taxes. The PRESIDING OFFICER. Under On the Environment and Public Works believe it spends too much, it taxes too much, and it borrows too much. If I the previous order, the Senate will re- (EPW) Committee, we have had experience sume consideration of H.R. 1388, which with these types of proposals. We, and the could conclude with only one example full Senate, debated a proposal by Senators of how that excessive borrowing will the clerk will report. Boxer, Lieberman and Warner that the spon- hurt the economy and hurt the coun- The legislative clerk read as follows: sors themselves indicated would generate try—an example that helps to illus- A bill (H.R. 1388) to reauthorize and reform $6.7 trillion from consumers. As you may re- trate why this 10-year budget the the national service laws. call, the Senate defeated this proposal, in President set is a blueprint for a dif- Pending: part because the U.S. Environmental Protec- tion Agency (EPA) estimated that by 2050 it ferent kind of country, one with less Mikulski amendment No. 687, in the nature would annually cost the average family freedom, one with more Government, of a substitute. Crapo-Corker amendment $4,377 and raise gasoline prices $1.40 per gal- and one which our children cannot af- No. 688 (to amendment No. 687), to increase lon. Experts estimated it would kill up to 4 ford—if there were any one example of the borrowing authority of the Federal De- million jobs by 2030. As you can see, a $4,377 why that is true, this would be it: It posit Insurance Corporation. per family total cost or a lost job would Johanns amendment No. 693 (to amend- would be the amount of interest on the ment No. 687), to ensure that organizations greatly outweigh any $800 per family payroll debt we will be paying in the 10th year tax break offered by the administration. promoting competitive and non-competitive The budget resolution is not the right of the budget sent by President Obama. sporting events involving individuals with place for the careful bipartisan dialogue we In that year, interest on the debt will disabilities may receive direct and indirect need to get these issues straight, or to fully be $806 billion. The amount of spending assistance to carry out national service pro- account for the legitimate concerns of en- on defense by the Federal Government grams. ergy consumers, economists, and industry. in that year is projected to be $720 bil- Baucus-Grassley amendment No. 692 (to While the budget resolution the Senate will lion. So we will be spending more on amendment No. 687), to establish a Nonprofit debate is not yet available, we will offer an interest than we do on defense. Capacity Building Program. amendment to strip any climate revenue Federal spending on education in AMENDMENT NO. 691 TO AMENDMENT NO. 687 provision it contains. We urge you to be that year would be $95 billion. So we The PRESIDING OFFICER. The Sen- ready to join our efforts to resist the erosion of proper democratic principles. would be spending eight times as much ator from Alaska. Sincerely, on interest as we would on education. Ms. MURKOWSKI. Mr. President, I SENATOR JAMES M. INHOFE, In the 10th year of the budget, $100 understand that an amendment is Ranking Member. billion is allocated for transportation pending; is that correct? JOHN BARRASSO, spending by the Federal Government The PRESIDING OFFICER. The Sen- U.S. Senator. on things like roads and bridges that ator is correct. DAVID VITTER, need to be fixed—we agree on that, and Ms. MURKOWSKI. I ask unanimous U.S. Senator. we would like to have the money to do consent to set aside the pending MIKE CRAPO, it. But we will be spending on interest amendment for purposes of offering an U.S. Senator. alone eight times what we will be CHRISTOPHER S. BOND, amendment. U.S. Senator. spending on transportation. The PRESIDING OFFICER. Without GEORGE V. VOINOVIDH, When I was Governor of Tennessee, objection, it is so ordered. U.S. Senator. we were a low-tax, low-debt State. The The clerk will report. ARLEN SPECTER, reason we did not have much debt is The legislative clerk read as follows: U.S. Senator. because for every penny we did not The Senator from Alaska [Ms. MUR- LAMAR ALEXANDER, have to pay in interest, we could pay it KOWSKI], for herself, Mr. DORGAN, Mr. BINGA- U.S. Senator. for a teacher’s salary, we could im- MAN, and Mr. BARRASSO, proposes an amend- Mr. ALEXANDER. Senator BYRD, our prove a prenatal health care clinic, we ment numbered 691 to amendment No. 687. senior Member of this body, wrote the could build a road, we could have a cen- Ms. MURKOWSKI. I ask unanimous budget legislation that created the rec- ter of excellence at the university. So consent that reading of the amendment onciliation process. He has told us low debt means more money for the be dispensed with. that. He has reminded us of that. He things we really want to have to invest The PRESIDING OFFICER. Without talked about how he sat in his office in this country to make it a better objection, it is so ordered. for 10 days and did it to get it right. place. The amendment is as follows: This is what he said: The President’s budget is straight- I was one of the authors of the legis- forward. Give the President credit. The (Purpose: To modify certain provisions relating to Native Americans) lation that created the budget rec- attempts by Congress to make it gim- onciliation process in 1974. I am certain micky and less transparent are deplor- Section 129(d) of the National and Commu- able. The idea of trying to pass a nity Service Act of 1990 (as amended by sec- that putting health care reform and tion 1306) is amended by striking ‘‘and to climate change legislation on a freight health care reform proposal that af- nonprofit organizations seeking to operate a train through Congress is an outrage fects 17 percent of the economy and to national service program in 2 or more of that must be resisted. impose a national sales tax on the en- those States’’ and inserting ‘‘, to nonprofit That is Senator ROBERT BYRD, the tire energy system during a recession organizations seeking to operate a national senior Democrat, the senior Senator is a bad idea. service program in 2 or more of those States, who wrote budget reconciliation. What we should do is take this 10- and to Indian tribes’’. Senator CONRAD, Senator BAUCUS, year budget, whittle it back to size so Section 193A(b)(23) of the National and Senator DORGAN, Senator CARPER, and it doesn’t spend so much, doesn’t bor- Community Service Act of 1990 (as amended many others have said basically the row so much and doesn’t tax so much by section 1704(1)) is amended by striking ‘‘and collect information on challenges fac- same thing: We agree. Don’t use the and move ahead with a blueprint that ing Native American communities’’ and in- reconciliation to ram through health maintains our freedom, that limits our serting ‘‘collect information on challenges care reform. Government, that preserves choices facing Native American communities, and So let’s take the budget in the next and that our children and grand- designate a Strategic Advisor for Native 10 days, let’s debate it, let’s have our children can afford. American Affairs to be responsible for the

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.018 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3746 CONGRESSIONAL RECORD — SENATE March 25, 2009 execution of those activities under the na- their work supports Alaska’s key eco- the connection with the Commission tional service laws’’. nomic engines which are our fisheries on Aging and Intergenerational Pro- Ms. MURKOWSKI. Mr. President, be- and tourism. grams also meets another one of Alas- fore I speak to the amendment I have In 2008, SCA placed over 236 high ka’s performance measures. So having sent to the desk on behalf of my col- school students and college interns in this provision in the act will assist league, Senator DORGAN, and others, I Alaska who provided over 76,000 service with moving this partnership forward. would like to speak generally to the hours, valued at over $1.5 million. In The accountability provisions will measure before us, the Serve America Alaska last year, there were also 64 strengthen the State service plan. Hav- Act. I am a strong supporter of volun- VISTA volunteers who served with 18 ing a minimum amount for the formula teer service, including Global Youth project sponsors. I will give a little grants for both AmeriCorps and Learn Service Day. I am proud and pleased snapshot of one of those projects. It and Serve is very good for the State of that this reauthorization has been de- was at Juneau-Douglas High School, Alaska and other States that have veloped and brought to the floor in a the CHOICE project. The CHOICE Pro- equally small populations. The in- bipartisan manner. The work done on gram, which is Choosing Healthy Op- crease for the operation of the State this legislation is the product of the tions in Cooperative Education, focuses Commission is a positive; even if ob- best tradition of the Senate HELP on improving the academic achieve- taining the required 1-to-1 match will Committee and of the Senate itself. I ment of 100 at-risk students at Juneau- be challenging for a State such as ours, offer my congratulations to those who Douglas High School. The VISTA vol- we believe it is a positive step. have worked very hard on this—Sen- unteers help the students develop a ators KENNEDY, MIKULSKI, HATCH, sense of belonging and ownership with- From the perspective of one of Alas- ENZI—and all their very hard-working in CHOICE, the high school, and the ka’s largest service grantees, they staff who do a good job. community at large. So VISTA not noted the following: The effort to ex- I also thank some very professional only involves the CHOICE students in pand and improve opportunities for na- and dedicated people in the State of the community; they also involve the tional and community service should Alaska for their thorough review of community in the education and learn- positively benefit Alaska’s engagement and comments on the various drafts of ing of the students. Our VISTA coordi- in the service; the grouping of ‘‘corps’’ the legislation. We would send it off to nator, Jennifer Knaggs, recruited 42 for the service programs into Edu- them and get good response back, good community members to provide intern- cation Corps, Healthy Future Corps, feedback. I appreciate that. ships in State and local offices in the Clean Energy Service Corps, Oppor- They include: Nita Madsen, executive agencies and in the local businesses. In tunity Corps or Veterans Corps, cou- director of Serve Alaska, and her staff; conjunction with the National Council pled with defined performance indica- Rachel Morse and all the great people on Alcohol and Drug Dependency, she tors, will add value to the existing Cor- at RurAL CAP who implement helped facilitate three Alaska teen in- poration for Community and National AmeriCorps and VISTA programs; stitute retreats. She also organized and Service framework; linking the value Denise Daniello at the Alaska Commis- coordinated the Beyond School Pro- of the education award to the max- sion on Aging; Angela Salerno at the gram, in which six community volun- imum value of the Pell grant will im- Alaska Department of Health and So- teers teach small groups of high school prove the strength and success of cial Services; and many others who freshmen a hands-on, real life skill, AmeriCorps programs in Alaska; in- were helpful in providing insights from such as Tlingit carving, writing and creasing the AmeriCorps living allow- the providers’ perspective. producing radio public service an- ance from $16,000 to $18,000 will espe- AmeriCorps and the VISTA programs nouncements about healthy choices, cially benefit the programs serving are a vital part of Alaska’s commu- creating short video biographies of rural Alaskan communities. nities. I would like to take a few min- tribal elders, and visual promotions of Let me speak to the amendment I utes this morning to give some of the healthy choices within the school. have called up. This is amendment No. examples of their valuable work in the In a small community such as Ju- 691, offered on behalf of my colleague, State and to congratulate the volun- neau, retention of internships is no Senator DORGAN. This amendment to teers for their service. small feat. Students have reported very the Serve America Act designates a For more than 10 years, AmeriCorps positive experiences with their intern- tribal liaison for the Corporation for volunteers with the Student Conserva- ships and their hosts, and the perform- National and Community Service and tion Association have served Alaska ance we are seeing coming out of these keeps Indian tribes as eligible under and the Nation on our public lands in kids is great. They are proud of their existing law for nationally competitive Denali National Park and Preserve, the accomplishments. The students have grants. The corporation has recognized Kenai Fjords, and Lake Clark National become involved in the community, the need for a tribal liaison position Park and Preserve. Every year over 1 and it is a real win. and has designated an individual to million people visit Alaska to see these The great public servants who run reach out to Native American commu- natural resources, to hike and camp Alaska’s national service programs nities. This amendment will make that and fish and explore. The conservation have noted the many positive aspects position permanent. The tribal liaison service provided by these students of this reauthorization for increasing will work across all programs and sup- helps protect scenic beauty of our the recruitment and retention of vol- port units to increase Native participa- State, including the volcanoes, gla- unteers, focusing on directions Alaska tion in national service and help to de- ciers, wild rivers, and waterfalls. has already begun to move toward, and My family and I hiked the Chilkoot increasing the accountability for posi- velop and enhance programming to ad- Trail a couple years ago and ran into a tive outcomes. In their view, there are dress the unique needs of Native Amer- group of AmeriCorps volunteers who a few items they look to in the Serve ican communities. were out on the trail building and re- America Act that are especially help- In addition, we propose to keep In- furbishing some of the old historic cab- ful. The first is the increase in the liv- dian tribes as eligible under existing ins along the way and making the trail ing allowance and education awards. It law for nationally competitive grants. safe for its many visitors. has the potential to increase the re- Current law allows tribes to compete The students also research and mon- cruitment and the retention of for funds with States and national non- itor fish and wildlife populations as AmeriCorps members, especially from profit organizations. This amendment well as watersheds that are essential rural Alaskan communities. Also, it al- would maintain the eligibility of tribes for the red salmon. This year 80 of lows senior volunteers to transfer the to compete with States and national SCA’s AmeriCorps volunteers will work education award to a child or a grand- nonprofit organizations for national in Cook Inlet in the watershed there to children. Again, this will help with re- competitive grants. Many of these ac- monitor and support active fish man- cruitment efforts. It increases focus on tivities and indicators under the pro- agement. In addition to providing nat- individuals with a disability, paral- posed corps in this act are directly ap- ural resource stewardship, visitor serv- leling one of the focus areas of our plicable to Indian Country, and access ices, and environmental education, Alaska State Commission. Increasing to these grants with the assistance of a

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As with any community, vol- to work in their communities, and providing mentors and tutors to Native unteerism in Utah comes in a variety more of our Nation’s problems will be students. Likewise, the Healthy Fu- of forms. solved. tures Corps would help address the lack In addition to the privately-led That is precisely the point of this of access to health care on many of our projects throughout the State, na- legislation. reservations. tional service programs have had a pro- Mr. President, I suggest the absence Likewise, the Healthy Futures Corps found impact on communities through- of a quorum. will help address the lack of access to out the State of Utah. For example, The PRESIDING OFFICER. The health care on many of our reserva- there is the Utah AmeriCorps Literacy clerk will call the roll. The legislative clerk proceeded to tions. American Indians have higher Initiative, which currently manages call the roll. disease rates and lower life expectancy programs in 66 schools covering the en- Mr. HATCH. Mr. President, I ask than the general population. Volun- tire State of Utah, including both unanimous consent that the order for teers serving in the Healthy Futures urban and rural communities. There the quorum call be rescinded. Corps could assist those who live on are 87 AmeriCorps members in the pro- The PRESIDING OFFICER. Without reservations or in Alaskan commu- gram who recruit and train community objection, it is so ordered. nities in obtaining health services. volunteers to tutor struggling readers. Mr. HATCH. Mr. President, thus far, I encourage my colleagues to look at Unfortunately, the current budget we have had what I believe to be a con- the amendment and provide support for situation in Utah is similar to those structive discussion regarding the this important tribal liaison and in re- faced by State governments around the Serve America Act. We have seen some taining tribal eligibility for competi- country. As a result, Utah schools have fine amendments, and Senator MIKUL- tive grants within the Corporation for been required to cut their budgets 4 SKI and I are working together to try National and Community Service. percent this year and 5 percent for next to accommodate as many Members as I thank Senators KENNEDY, MIKULSKI, year. However, national service par- possible. I said at the outset that I HATCH, and ENZI for their dedication to ticipants have been able to step up and hope we can avoid a situation where public service and congratulate them fill the void in schools left by the re- too many changes to this bill would on what I believe is good legislation. duction in the State education work- eventually split the bipartisan support I yield the floor. force. Several teachers’ aides whose po- the bill has enjoyed. So far, this does The PRESIDING OFFICER. The Sen- sitions have been downsized due to the not appear to be a problem. ator from Utah. budget cuts will be qualified to partici- As we continue to debate this impor- Mr. HATCH. Mr. President, I, person- pate in the Literacy Initiative next tant piece of legislation, it is my hope ally, congratulate the distinguished year and, accordingly, will receive a these constructive efforts will con- Senator from Alaska for her com- small living allowance and an edu- tinue. This is a good opportunity for us ments. She has a very important cational award which will allow them to set aside partisan differences and do amendment to this bill. I assure her we to get further training, broadening some good for the American people. I will work that out so we don’t have to their skills to obtain gainful employ- once again thank Senator MIKULSKI for have a vote on it. If we do have to go ment. her efforts here on the floor to see this to a vote, we will, but the fact is I Over the past 5 years, this program effort through. think we can work that out. It is a has helped over 8,000 elementary I thank Senator KENNEDY as well. very good amendment. Personally, we schoolchildren serve as mentors, help- Even though he has not been here, ex- want to have those funds as part of this ing younger children improve their cept for the last cloture vote, he cer- bill. We will work it out. reading. The average growth in reading tainly has been working it from home, I want to take a few minutes and pay for both the mentor and the mentee and he has been on the phone regu- tribute to some of the wonderful na- they are helping has been one full larly. We also have others who have tional service efforts that have gone on grade level over the course of the 9- worked on our side very diligently to try to make sure this bill passes, and in my home State of Utah. As I have week program. In addition, through said throughout this debate, Americans in the form it is in. this initiative, over 2,000 children have I mentioned yesterday that I believe are the most generous and energetic received one-on-one tutoring from the Serve America Act should be a bi- people in the world. Indeed, a volunteer community volunteers twice a week partisan bill, not because I believe it is spirit is encoded into our country’s cul- over the course of a 30-week program. either liberal or conservative but be- tural DNA. Nowhere is this concept These are children who did not pass the cause it is both. I think the bill plays better exemplified than in my home Utah State End of Level tests the pre- to the greatest strengths of those on State. vious year. After 1 year of tutoring both sides of the aisle. It marries what According to the Corporation for Na- through the Utah AmeriCorps Literacy is typically thought of as a ‘‘liberal’’ tional and Community Service, be- Initiative, 62 percent of the students instinct for Government to make tween 2005 and 2007, an average 792,000 passed that test at a proficient level. proactive efforts to help those in need Utahns gave 146.9 million hours of serv- I think this program exemplifies with the typical ‘‘conservative’’ desire ice every year. Using Independent Sec- what we are trying to accomplish with to place more power in the hands of in- tor’s estimate of the dollar value of a this legislation. All of this work, which dividuals instead of the Government. It volunteer, the estimated contribution has improved the education of literally is not all that often we are able to of these efforts is $2.9 billion annually. thousands of students and leveraged work together to find ways to satisfy Nearly 44 percent of all Utahns do some the efforts of thousands of other stu- both of these ideals, but I believe we sort of volunteer service every year, dents and community volunteers, has have done so with this legislation. making Utah’s volunteerism rate No. 1 been anchored by a small group of only For me, the conservative case for in America, more than 4 percent higher 87 AmeriCorps members. That is pretty this legislation has been obvious from than the State ranked second. phenomenal when you think about it. the beginning. Indeed, many of the pro- Salt Lake City, UT the second-high- Why wouldn’t we want to expand this visions in the bill have what I consider est volunteerism rate of any major approach? It seems to me it is some- to be very conservative roots. In 1990, metropolitan area in the country at thing we ought to be doing everywhere. William F. Buckley, Jr., one of the fa- 37.2 percent. Among midsize cities, I am convinced that, once this bill is thers of modern conservatism, who had Provo, UT has the Nation’s highest vol- passed, we will see more programs such served in World War II, published a unteerism rate at 63.8 percent, with as this spring up over time, not only in wonderful book called: ‘‘Gratitude: Re- Ogden, UT coming in at No. 4 with a Utah but throughout the country. They flections on What We Owe to Our Coun- rate of 41 percent. Much of this volun- will be buoyed by the increased direc- try.’’ He became a staunch advocate of

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.011 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3748 CONGRESSIONAL RECORD — SENATE March 25, 2009 national service, which he believed, ing others than they do by being pas- mental belief in the power of people ‘‘like gravity, is something we could sive recipients of services. During their working at the local level to improve accustom ourselves to, and grow to terms of service, they gain valuable their communities and country, a be- love.’’ skills that help them secure permanent lief in looking first to community and Buckley believed we owe a debt of employment at higher wages. They faith-based institutions to help solve gratitude to our country and offered also outpace their nonnational service our toughest challenges, a belief in creative ideas for a plan for universal peers in remaining committed to vol- public-private partnerships where the voluntary national service for men and unteer service for the rest of their cost is low to the Federal Government women 18 years and older. While the lives. and the return on investment very Serve America Act is not so ambitious These platoons of civil society more high, and a belief in tough account- as to contemplate that national and often than not consist of faith-based ability for results and making sure we community service will become uni- institutions. More Americans perform support only programs that work and versal, it does provide more Americans volunteer service through church-spon- end the programs that don’t. opportunities to serve, in the belief sored and faith-based organizations But the Serve America Act is also that our democracy and the values of than any other venue. The Serve Amer- about something deeper that we all our free society take constant vigi- ica Act continues the tradition of ena- value whether we are liberal or con- lance to preserve their vitality and bling volunteers to serve through faith- servative, Republican or Democrat. It health. It is citizens, acting at the based institutions in a variety of dif- is about fostering a spirit of patriot- local level, who should play the promi- ferent ways, including its new Serve ism, a love of country, at a time when nent role, not Government. America Fellowships and the State that patriotism has been fractured For the past several years, I have competitive and formula grants that somewhat by a tough economy, institu- supported efforts to reposition our may be given to faith-based institu- tions that fail, individuals whose Government’s support of national and tions providing social services. This schemes hurt people, and distrust in community service from the perception legislation also introduces new indica- government itself to have the answers. of paying Federal ‘‘volunteers’’ to a tors of accountability to ensure that Benjamin Rush, one of our Founding more effective model where Govern- investments generate significant re- Fathers, wrote a brief text called ‘‘On ment provides a small amount of infra- turns. For the Education Corps, for ex- Patriotism’’ in 1773 that captures my structure and support to community- ample, we want to know how programs view of the subject and the role that based groups that are recruiting, train- are improving student engagement, at- service plays. Here is what Benjamin ing, and deploying traditional volun- tendance, behavior, academic achieve- Rush, one of the Founders of this coun- teers. That model has worked. The ment, graduation rates, and college- try, said: number of traditional, nonsubsidized going rates at high schools with high Patriotism is as much a virtue as justice, volunteers who are leveraged into serv- concentrations of low-income students. and is as necessary for the support of soci- eties as natural affection is for the support ice by existing national service pro- Eligible entities for funding through of families. The love of country is both a grams dwarfs the number of partici- the Education Corps must have a prov- moral and a religious duty. It comprehends pants receiving Government assist- en record of improving or a promising not only love of our neighbors, but of mil- ance—by a ratio of nearly 30 to 1. We strategy to improve performance based lions of our fellow citizens, not only of the have heard that statistic quoted many on these indicators. present, but of future generations. times during this debate, but I believe The days of simply funding programs I often think of our Nation’s veterans it bears repeating. that might make us feel better but not when I read those words. I think of the This model is based on our faith in generate results are over. Effective men and women serving during wars civil society—not distant Government programs over time should and will and campaigns from the American Rev- agencies—and a focus on the efforts of continue to get support, and ineffective olution through Operation Iraqi Free- the traditional volunteer. We know so programs will ultimately be closed dom who literally had us in mind when many Americans show up to volun- down. These indicators will help us they sacrificed their own lives so those teer—to help with a cause or to serve make those decisions. in future generations might be free. in the aftermath of a disaster—and are America utilizes a number of indica- Those who serve today—whether it is turned away or are not well used. This tors to regularly track the country’s in the military, in government, in na- is a waste of very precious resources. economic progress, including unem- tional community service, or as tradi- The Serve America Act will help fix ployment, GDP, housing starts, and tional volunteers—truly connect them- that by establishing a volunteer gen- more. But our country does very little selves to millions of their fellow citi- eration fund that will help already suc- to measure indicators of our civic zens, not only of today but of the fu- cessful service programs devote more health. Even though an active, well- ture. Such service is not only the resources for the recruitment of volun- connected, trusting, and engaged citi- means to our own happiness, it teers, allowing them to expand their ef- zenry is fundamental to our vibrant strengthens and makes this country forts. communities, a strong democracy is better. It makes better this country Help offered by a compassionate important, and our personal welfare is that we love so much. neighbor will always be superior to important as well. So the Serve Amer- These principles and ideals are the Government-driven approaches de- ica Act provides for the collection of driving force behind this legislation. signed in Washington. In recognition of data that can give us a snapshot every Every Member of this body, whether this fact, the Serve America Act en- year of how communities throughout they support this bill or not, loves this sures that the vast majority of service the country are stacking up with re- country and has devoted his or her life efforts will be generated by local and spect to rates of volunteering, chari- to serving it. I believe it is this devo- private organizations responding to table giving, connections to civic and tion that we all share—the common be- community needs. religious groups, knowledge of Amer- lief in something bigger than our- Young Americans, whose rates of un- ican history and government, and selves—that has led so many to support employment have soared to more than more. Policymakers can use this data this legislation. While I am convinced 21 percent in a tough economy, with to strengthen efforts to increase these the final result will be pretty lopsided college graduates having the highest activities. Indeed, this civic health in favor of passing this bill, I am going unemployment rates ever, will be given index will pay dividends through the to keep trying to get it as close to new opportunities to serve. The good policy spectrum. unanimous as I can. Toward that end, I news is that research tells us this is a Although some of my colleagues may urge all 99 of our Senate colleagues to sound and efficient investment. Not argue otherwise, the Serve America support the Serve America Act. only does it put many unemployed Act reflects what I believe are conserv- I notice the distinguished majority Americans to work at a low cost to ative values, and because of this I be- whip is here and would like to speak, Government and meet urgent national lieve many of my Republican col- so I will reserve my time and speak a needs, those young adults most at risk leagues will be on board with this legis- little later on some of the other as- in our communities gain more by serv- lation. The bill is founded on a funda- pects of this bill.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.016 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3749 So with that, I yield the floor. What a reward for that volunteer and ation of the national service program. I The PRESIDING OFFICER. The Sen- what a happy moment for that child. think that is a perfect complement, ator from Illinois. In Waukegan, IL, four AmeriCorps that these good, well-meaning Ameri- Mr. DURBIN. Mr. President, I wish to volunteers helped Habitat for Human- cans would serve their Nation and in thank my friend and colleague from ity construct homes and train and re- return we would help them, give them Utah, Senator ORRIN HATCH—and he is cruit volunteers. One of the a helping hand with their education at my friend. We have had many political AmeriCorps members told a story that a time when education is so expensive battles in the past, but we have also I think is so heart-warming about driv- for so many students. The education joined forces in doing some things that ing by a school every morning as an award in this program will be raised to I think are important for our Nation. I AmeriCorps volunteer, in their notable the Pell grant level which makes it wish to thank him for his continued jackets, and seeing a woman wave and easier for college students with signifi- support of the DREAM Act. This is a cheer as they came by. She wasn’t a cant student loan debt to consider na- bill which we kind of fought over on homeowner or volunteer herself. She tional service. The award is transfer- initial introduction; we both had the was just a member of the community, able so that older volunteers can trans- same idea. We are going to continue to and she recognized the AmeriCorps fer the education award to their chil- work together on that in years to come jacket. She knew what the volunteers dren or grandchildren—a perfect and, I hope, see it to its successful con- were doing, and she wanted to say generational legacy. clusion. It is the kind of commitment thank you with a wave and a cheer Each American has the power to Senator HATCH has made to the ideals each morning. make a small difference in the success of our Nation which he makes again in Throughout Illinois, the Equal Jus- of a child, the health of the environ- this Serve America Act. tice Works Summer Corps Program ment, or the lives of their hungry This act is known on the Senate provides crucial legal assistance to neighbors. All of those small dif- floor, depending on which side of the communities. Law students give their ferences repeated over and over again aisle you sit, as the Kennedy-Hatch time and talents in exchange for a very can add up to something truly power- Act or the Hatch-Kennedy Act. It is fit- modest AmeriCorps educational award ful, truly inspiring. This bill will ex- ting that Senator HATCH would be of $1,000 for a summer of work, many of pand the opportunities for Americans teamed up with his old friend and polit- them turning down far more lucrative to serve their communities. President ical rival from time to time, Senator opportunities in the private sector. Obama has urged us to pass this on a TED KENNEDY, as they both came to- In 2008, the Summer Corps Program timely basis, and I am going to encour- gether in a common effort to pass this had 23 members serving in my State, age my colleagues to fight off the important legislation. and they served over 1,000 low-income amendments which have nothing to do I spoke earlier this week about the people who couldn’t afford a lawyer with this bill. Let’s get this one done Serve America Act which is now pend- any other way. One of those corps and done right. Let’s not get bogged ing before the Senate and what it members was Nichole Churchill of Chi- down in a lot of other issues that would mean to our Nation. Let me tell cago. She spent a summer serving with might be presented. They are all, I am my colleagues a few stories that I the Children’s Project of the Legal As- sure, equally meritorious and worth think illustrate it. sistance Foundation working with par- our consideration, but we need to fin- In my home State of Illinois, each ents, foster parents, and adoptive par- ish this one. Let’s get this bill done so year, 2.7 million volunteers dedicate ents. This is what she said about her that we can expand service and make 302 million hours of service. The esti- time there: an even stronger Nation. mated economic worth of that con- It has opened my eyes to the myriad of Mr. President, I yield the floor, and I tribution and voluntary service is al- problems that many of our low-income cli- suggest the absence of a quorum. ents face on a daily basis. This experience The PRESIDING OFFICER. The most $6 billion a year. More than 66,000 has only strengthened my resolve to con- of these volunteers participate in na- clerk will call the roll. tinue this kind of work and to effectuate The assistant legislative clerk pro- tional service programs through 144 meaningful change in their lives. ceeded to call the roll. different projects and programs. Each Those are only a few of many stories Mr. FEINGOLD. Mr. President, I ask of them has a story to tell about a life told from my State of Illinois. unanimous consent that the order for they have influenced or changed: a This week we are considering a bill the quorum call be rescinded. mother they have helped feed her fam- that will dramatically expand the op- The PRESIDING OFFICER (Mr. ily, a child they have helped to learn, portunities for voluntarism and service CASEY). Without objection, it is so or- or a community that is cleaner and across America. The Serve America dered. safer because they are working and vol- Act will triple the number of national Mr. FEINGOLD. Mr. President, I am unteering to make it that way. service participants to 250,000 partici- pleased to support the Serve America All of these volunteers can also tell pants within 8 years. Along with this Act, which expands opportunities for about how their time and service im- dramatic expansion, it is going to cre- Americans to serve their country at a proved their lives. Let me mention a ate a new corps within AmeriCorps fo- time of critical need. I thank Senator few stories. cused on areas of national need such as KENNEDY and Senator HATCH for their In Chicago, the City Year Program education, environment, health care, willingness to work with my staff to places young volunteers to work full economic opportunity, and giving a include language that ensures the vol- time in some of Chicago’s neediest helping hand to our veterans. unteers funded by this bill can also schools. They serve as tutors and men- We are expanding opportunities to work on service projects that expand tors and role models to the kids. A vol- serve for Americans at every stage of access to affordable housing in our unteer I talked to recently tutored a life, too. Middle and high school stu- communities. Providing more afford- young girl named Zariah. She was dents will be encouraged to participate able housing is one of Wisconsin’s most struggling with a lot of problems in in service projects during the summer pressing needs and language that Sen- school, with reading and behavior. I or during the school year. By serving ator REED and I worked to insert will won’t hold it against her—her behavior their communities early in life, these help ensure that volunteers can build, problem; I had the same problem, and I students will be put on a path to a life- improve, and preserve affordable hous- ended up in the Senate. Zariah was in time of service. ing throughout the country. jeopardy of failing the fourth grade, so For working Americans who can’t Just as voluntarism plays a crucial this volunteer showed up and decided commit to a full-time volunteer job, role in strengthening our communities to take a personal interest in her. the bill provides opportunity for them and building a stronger America, that A few weeks after tutoring Zariah, to work part time in their community. same energy, compassion, and knowl- this volunteer heard a little voice cry Retirees can be given a new oppor- edge must also be harnessed to help re- out as he walked by the school. It was tunity to serve with the existing Sen- build our image abroad as it has been little Zariah, and she was yelling to ior Corps and through new expansion. severely damaged over the past 8 years. this volunteer tutor: I passed fourth The bill also increases the education The amendment I am offering today grade. I passed fourth grade. award for the first time since the cre- with Senator VOINOVICH encourages

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.017 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3750 CONGRESSIONAL RECORD — SENATE March 25, 2009 those efforts by strengthening and ex- America around the world and help fa- by Americans, and I have heard from panding the Volunteers for Prosperity cilitate such opportunities by pro- many constituents who are interested program authorized in title V of the moting both short- and long-term in volunteering internationally but are bill. This program provides a valuable international volunteer options for unable to do so due to the cost. My tool to assist international volunteer U.S. citizens. Existing programs such amendment goes an extra step to en- service, and with my improvements I as the Peace Corps, Volunteers for sure that even more Americans from a believe we can make it even more ef- Prosperity, and the exchange programs range of backgrounds can volunteer fective. administered through the Department abroad—not just those with the re- A recent survey released by the Pew of State’s Bureau of Education and sources or time to pay for half of their Global Attitudes Project indicates that Cultural Affairs already do tremendous expenses. between 2002 and 2008, opinions of the work in this area. But even with these My amendment complements United States declined steeply in 14 out existing programs, we need greater, VfPServe by establishing the VfP of the 19 countries polled. And a simi- more varied and more flexible citizen Leader Program to award fixed grants lar 2007 survey of over 45,000 people in diplomacy initiatives. Mr. President, that would offset up to 80 percent of 47 countries found that ‘‘[o]verall, the we can and should be doing more. the costs of volunteering abroad, in- image of American people has declined In 2007, I introduced the Global Serv- cluding any sponsoring organization since 2002,’’ even among those who used ice Fellowship bill to offer U.S. citizens fees. In return for this higher Federal to count us as friends and allies. the flexibility and support they need to contribution, VfP Leaders must com- The Obama administration has al- pursue international volunteering op- mit to sharing their experiences with ready taken some important steps to portunities. This bill reduced barriers their communities when they return. rebuild our image abroad, such as the to volunteering by offering financial By continuing to serve as ambassadors President’s decision to close Guanta- assistance and flexibility in the time once they return home, VfP leaders namo and redeploy troops from Iraq, period Americans could spend abroad— will be ensuring that more Americans and his recent address to the people of opening the door for more Americans learn about the benefits of inter- Iran. But individual Americans can to participate. This bipartisan bill was national volunteering, and about peo- contribute, too, and we can support approved by the Senate Foreign Rela- ple and places beyond our borders. In those efforts by increasing the opportu- tions Committee last Congress. addition, my amendment would give nities for Americans from all back- Now, in title V of the Serve America VfPserve participants the option of grounds and experiences to volunteer Act, we have the opportunity to see a raising or providing private funds to abroad. very similar program become a reality. meet their matching requirements. I While the surveys I mentioned This section authorizes the Volunteers have heard from many organizations showed worsening attitudes toward for Prosperity Office created by Execu- that the inability to raise adequate Americans and the declining popu- tive Order 13317 under President Bush. funds has stymied a number of individ- larity of the United States, studies This program promotes short- and uals from fully participating in the have shown that in places where U.S. long-term international volunteering program. This small tweak will open citizens have volunteered their time, opportunities with specific develop- the door wider to those interested to money, and services, opinions of the ment objectives, and establishes the participate in either VFP program, United States have improved. Volunteers for Prosperity Service In- who may be willing and able to spend To put it simply, some of our best centive Program or VfPServe program some of their own money to do so. diplomats are our private citizens who which provides eligible skilled profes- The VIP Leader Program would be spend time overseas working closely sionals with grants to offset the cost of administered by the VfP office, along with small communities and spending volunteering abroad. This is a modest with the VfPserve program in the bill. time with the citizens of other coun- program costing only $10 million per The USAID Administrator would be in tries. Their volunteer work is enhanced year and yet it will significantly ex- charge of awarding VfP leader grants by their ability to share stories and pand the numbers of Americans who and would develop the guidelines for create individual connections. Collec- can participate. selecting recipients, based on the ob- tively the two are a force for positive I support Volunteers for Prosperity jectives laid out in the underlying bill, global change and greater cultural un- and, in fact, my global service fellow- which include a commitment to help- derstanding. ship bill would have authorized that ing reduce world hunger and combating One example is a story from a con- program. The amendment I am offer- the spread of communicable diseases. stituent, Kathy Anderson from Mara- ing, which is based on my legislation, My amendment adds a few mote objec- thon, Wisconsin, who shared with me makes a few changes to the current tives: providing disaster response, pre- her thoughts on the exchange opportu- language in title V. This is a modest paredness and reconstruction, pro- nities she and her husband Mike have amendment but reflects suggested im- viding general medical and dental care experienced, including a recent trip to provements I have received from con- and promoting crosscultural exchange. Ukraine to discuss farming methods stituents, experts and organizations ac- These are all important priorities, and with folks under the Community Con- tive in the field of international volun- opportunities for Americans to bolster nections program: tarism. As we authorize the Volunteers our global image while providing essen- We have lots and lots of stories, but the for Prosperity office, we should make tial services. headline may be that people interact with Other than these additions, my people at a very different level than coun- sure the office has the utmost ability tries interact with countries. I may not like to reach as many interested Americans amendment does not change the under- what your country is doing, but if I get to as possible, particularly those who face lying authorization of VfP, nor does it know you as an individual, I can still build financial barriers or time constraints. change the total cost of title V. Au- a connection. Programs like these put a face In the current bill, VfPServe would thorization for title V will remain at on the country, making it less abstract and help offset the cost of international $10 million annually for the fiscal years impersonal. Once the guests get to know a volunteering expenses for prospective 2010 through 2014, with half of the farmer from Wisconsin, I’m sure they also volunteers, provided that they match money appropriated for grants going to have a better understanding that our coun- dollar-for-dollar any grant awarded the VIP Leader Program. try is more than the image they see pre- I would like to thank Senator sented by the politicians, or the sports fig- through the program. VfPServe will ures, or the media folks. It’s real folks with enable many dedicated volunteers to VOINOVICH, who cosponsored the Global the same kind of dreams, hopes, and wishes raise the additional funds needed to Services Fellowship Acts of 2007, 2008, for the future that they have. And perhaps pursue international projects—but by and 2009 and who is a cosponsor of this we get a bit closer, one relationship at a requiring the dollar-for-dollar match amendment. This amendment is sup- time. grants, participants in VfPServe would ported by 82 international volunteer Our Federal Government should con- still be required to cover a substantial organizations such as American Jewish tinue to recognize the important role amount of their expenses. World Service, Cross-Cultural Solu- that people-to-people engagement can Financial limitations are a common tions, and the National Peace Corps play in countering negative views of obstacle to international volunteering Association as well as 91 university

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.013 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3751 international programs including the necticut Global Training & Development In- Corps; World Servants; Worldteach; and University of Maryland’s Office of stitute; University of Denver—Graduate Youth Service America. International Programs, its School of School of International Studies; University Mr. FEINGOLD. As we debate the Public Policy and its Study Abroad of- of the District of Columbia; University of Serve America Act and highlight the Maryland—Office of International Programs; fice, and the Fletcher School at Tufts University of Maryland—School of Public important role of volunteer service in University in Massachusetts. I would Policy; University of Maryland—Study our communities, we must not over- like to submit the lists with all the Abroad Office; University of Michigan— look the opportunities for volunteers supporting organizations and univer- International Center; University of Michi- to help restore our image and standing sity international programs in their gan—Gerald Ford School of Public Policy; abroad. Wisconsinites have a strong entirety for the RECORD. University of Minnesota—Learning Abroad tradition of public service, particularly There being no objection, the mate- Center; University of Missouri, St. Louis— among young people in my state and it rial was ordered to be printed in the Center for International Studies; University is because of their consistent interest RECORD, as follows: of North Carolina at Charlotte; University of San Francisco; and University of Texas at in such opportunities that I offer this COLLEGE & UNIVERSITY MEMBERS—MARCH Tyler—Office of Community Relations. amendment today. 2009 University of Tulsa; University of International volunteering opportu- American University; Boston College—The Vermont; University of Virginia—Alter- nities are an effective method of ad- Center for Corporate Citizenship; Boston native Spring Break; University of Wis- dressing critical human needs, building University; Boston University—Center for consin-Madison Global Studies & Go Global!; bridges across cultures, and promoting International Health and Development; Cali- University of Wyoming Center for Volunteer mutual understanding. In turn, this fornia Colleges for International Education; Service, Wyoming Union; Washington Uni- California State University, San Marcos—Of- can bolster our national and global se- versity in St. Louis—Center for Social Devel- curity. Though they may be working fice of Community Service Learning; Car- opment; Washington University in St. dinal Stritch University; Catholic Univer- Louis—Gephardt Institute for Public Serv- overseas, Americans who volunteer sity; Central Michigan University Volunteer ice; Western Connecticut State University— abroad are truly serving the interests Center; City College of New York; Chilean International Services; Western Piedmont of America. Ministry of Education—National Volunteer Community College Humanities/Social The VfPServe and VfPLeaders Pro- Center; College of William and Mary—Office Sciences; Western Piedmont Community grams would be a valuable addition to of Student Volunteer Services; Columbia College Student Development; and White our public diplomacy, to our develop- University—School of International Public Plains City School. Affairs; Cornell University; Dowling College; ment and humanitarian efforts over- Drexel University; Duke University—Center VOLUNTEERING & SUPPORTING seas. I encourage my colleagues to sup- for Engagement & Duke Engage; Duke Uni- ORGANIZATIONS—MARCH 2009 port the amendment I will offer at a fu- versity—Global Health Institute; Emory ACDI/VOCA; Action Without Borders/Ideal- ture time. University; and Everett Community Col- ist.org; Adventure Aid; American Bar Asso- Mr. President, I yield the floor. lege—World Languages. ciation Rule of Law Initiative; American The PRESIDING OFFICER. The Sen- George Mason University—Multicultural Jewish World Service; American Refugee ator from Missouri. Research and Resource Center; George Wash- Committee; Amigos de las Americas; ington University; Georgetown University— AngelPoints; Atlas Corps; BeGlobal; Bridges AMENDMENT NO. 688 Center for Social Justice; Georgia Institute to Community, Inc.; Building Blocks Inter- Mr. BOND. Mr. President, I rise of Technology—Community Service; Global national; Catholic Medical Mission Board; today in support of the Crapo amend- Citizen Year; Hartwick College; Hillsborough Catholic Network of Volunteer Services; ment which incorporates the Dodd- Community College Grants Development; Catholic Relief Services; Child Family Crapo bill that I have cosponsored. Iowa State University; James Madison Col- Health International; Christian Reformed Every Senator in this Chamber has lege; John Hopkins University; Kennesaw World Relief Committee; Citizens Develop- heard from folks in their own commu- ment Corps; Cross-Cultural Solutions; and College; Kingsborough Community College/ nities who have lost jobs, families CUNY—Academic Affairs; Lone Star Col- Earthwatch Institute. lege—Tomball; Lone Star College— Experiential Learning International; Fly whose savings are disappearing, busi- Tomball—Academic and Student Develop- for Good (Fly 4 Good); Foundation for Inter- nesses that cannot meet payrolls. Un- ment; Lone Star College System—Inter- national Medical Relief of Children; Founda- fortunately, until we solve the root of national Programs and Services; Miami Dade tion for Sustainable Development; Global the economic crisis—our credit crisis— College; Missouri State University—Inter- Citizen Year; Global Citizens Network; Glob- there will not be real relief or recovery national Programs and Affairs; Monroe Com- al Medic Force; Global Volunteers—Partners for these struggling families and busi- munity College Foundation; Montgomery in Development; GlobalGiving Foundation; nesses. Globalhood; Globe Aware; Greenforce; Habi- College Office of Equity & Diversity; and The bottom line is our financial sys- Moore School of Business. tat for Humanity International; Hands On Mount Wachusett Community College; Disaster Response; Health Volunteers Over- tem is not working. It has become Mount Wachusett Community College—Com- seas; Hope Worldwide; Hudson Institute; In- clogged with toxic assets. Some call munity Relations; NC Campus Compact; New novations in Civic Participation; Inter- them legacy assets, but they are toxic York Medical College; New York Univer- Action; and International Assoc. for Volun- as well as old. Until they are removed, sity—Office of Global Education; North Ar- teer Effort (IAVE). fear and uncertainty will continue to kansas College—Institutional Advancement; International Medical Corps; International dominate the markets. Norwalk Community College—Academic Af- Partnership for Service Learning; Inter- Earlier this week, Secretary fairs; Ohio University; Onondaga Community national Student Exchange Programs; Inter- Geithner released his long-awaited de- College—Career and Applied Learning Cen- national Student Volunteers; International ter; Oregon University System; Palm Beach Volunteer Programs Association; Inter- tails on the administration’s plan to Community College; Palm Beach Commu- national Volunteer Ventures LLC (IN- solve the credit crisis. While Secretary nity College—President’s Office; Polk Com- VOLVE); Karuna International; Geithner did not take all of my advice, munity College—Grants; Ramapo College of LanguageCorps; Lifetree Adventures; Manna I am heartened that the administration New Jersey; Rutgers University; Santa Project International; Medical Teams Inter- has finally developed a plan to tackle Monica College—Communication; Skagit national; Mobility International; National the most pressing issue facing our Na- Valley College—College Advancement; Association of Social Workers (NASW); Na- tion and the largest obstacle to eco- Southwestern Oregon Community College tional Peace Corps Association; Nourish nomic recovery. International; Operation Crossroads Africa; Service—Leanring; Stanford University— All Americans need this plan to Haas Center for Public Service; and State Partners of the Americas; Partners World- University of New York—New Paltz Center wide; Encore! Service Corps; and PEPY Ride. work. Our Nation cannot afford an- for International Programs. Points of Light Institute; Prevent Human other lost decade such as Japan faced StonyBrook University; Syracuse Univer- Trafficking; Projects Abroad; ProWorld in the nineties. No one wants to doom sity Maxwell School of Citizenship and Pub- Service Corps; Service for Peace; SEVA; Stu- the Nation’s families and workers to a lic Affairs; Tufts, The Fletcher School; Uni- dent Movement for Real Change; The Advo- recession any longer and deeper than versity of California, Berkeley—Blum Center cacy Project; The Volunteer Family; Travel the one we have already experienced. for Developing Economies; University of Alive; UN Volunteers; United Planet; United But before the Government commits California, San Diego—International Rela- Way of America; US Center for Citizen Diplo- tions and Pacific Studies; Richard J. Daley macy; Volunteers for Economic Growth Alli- trillions more in tax dollars, I hope College; University of Connecticut Center for ance (VEGA); Volunteers for Peace; Volun- Secretary Geithner will recognize that Continuing Studies, Academic Partnerships teers for Prosperity (USAID); Winrock Inter- he owes the taxpayers some answers to and Special Programs; University of Con- national; World Hope International/Hope some very important questions.

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.016 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3752 CONGRESSIONAL RECORD — SENATE March 25, 2009 Unfortunately, under the previous Is the plan announced this week the Our banking and financial system af- administration and the current admin- one and final approach? Will the ad- fects every American’s standard of liv- istration, there have been too few an- ministration stick to the plan? And ing, our ability to create and maintain swers and too many questions for tax- just as important, what about Con- jobs, and our ability to compete glob- payers about how economic rescue dol- gress? Will we allow the plan to work ally. We must tackle the root of this lars are being spent. Instead, under or will we come in later and change the problem—the toxic assets—and lead us both Treasury Secretaries Paulson’s rules of the game after they have been out of the economic crisis and help and Geithner’s watch, billions in tax- set? The administration, and I think Americans get back to work. payer dollars have been thrown down we in Congress, must convince Wall I, like most Americans, am suffering the rat hole, with no clear plan, no end Street and Main Street that the rules from bailout fatigue. Rightfully so. in sight, and no positive return. So will not be changed again midgame. Taxpayers are fed up over the waste of now, this week, the taxpayers need to What expert after expert has told me, hard-earned tax dollars and the plans hear how the administration’s plan will people who are looking at the market, that have wandered all over the lot in provide accountability, transparency, people who want to see the market suc- the past. Secretary Geithner now has a and oversight of taxpayer funds. ceed, what the markets desperately tough challenge, and that is to con- First, Secretary Geithner needs to need is certainty in a plan. vince the taxpayers that this plan is a tell taxpayers how this plan will pro- Finally, will banks and financial in- smart investment that will solve the tect their hard-earned dollars. Tax- stitutions holding toxic assets be will- root of our economic crisis. payers have the right to question ing to participate in the program? De- Mr. President, I urge my colleagues whether they are getting a fair deal spite what seems to be generous incen- to support the Dodd amendment. I since the taxpayers are taking on the tives for private investors to purchase yield the floor. vast majority of the risks under the the assets, it is not clear whether the The PRESIDING OFFICER. The sen- new public-private investment partner- banks will be willing to negotiate a fair ior Senator from Pennsylvania. deal with the Government and the ship initiative. NOMINATION OF DAVID S. KRIS partners. If banks are not willing to Right now, private investors only Mr. SPECTER. Mr. President, I have participate, then toxic assets will con- stand to lose a small amount with sought recognition to speak briefly on tinue to clog the system. If they do not their invested capital, with opportuni- the nomination of David S. Kris to be participate, will the administration fi- ties for great returns. In other words, Assistant Attorney General in the Na- nally turn to the Federal Deposit In- are we again privatizing profits but so- tional Security Division of the Depart- surance Corporation to resolve these cializing losses? Do we run the risk ment of Justice. that this ends up being ‘‘heads they problem banks? Before closing, I note that we all un- Let me say preliminarily how nice it win, tails taxpayers lose’’? This plan is is to see the other—I shouldn’t say dependent on taxpayers subsidizing and derstand we need to strengthen the ability of our regulators to prevent ‘‘the other Senator’’—the Senator from excessive leveraging of private re- this kind of systemic failure from oc- Pennsylvania presiding today. I com- sources to purchase these toxic assets. curring in the future, but we need to pliment Senator CASEY on an out- While it is important to encourage pri- consider any changes carefully. A crit- standing tenure for, let me see, 2 years vate capital, and I believe that is the ical first step would be our pending and almost 3 months. I express my ap- best solution, we seem to be using the amendment which incorporates the preciation for his cooperation in work- same formula—but this time risking Dodd-Crapo bill, S. 541, the Depositor ing together on so many projects. billions of taxpayer dollars—that got Protection Act, to boost the FDIC’s May I say further for the RECORD, us into the present situation. I am con- borrowing authority to deal with larg- since it is in black and white and not cerned that the administration’s plan er institutions and to prevent further in Technicolor, I think there is a slight appears to be too generous to Wall substantial fee increases on good blush on Senator CASEY for the war- Street investors, some of whom con- banks. ranted praise. tributed to the crisis. I heard from smaller, well-per- Now on to the other subject at hand. The second point is, what is the ulti- forming banks in Missouri that did not David Kris has been nominated for mate cost to taxpayers? Right now, the participate in the subprime and exotic this very important position. He comes administration projects that its plan loans that will bear more costs to to it with excellent credentials. He is a will initially require $100 billion in tax- cover the failures of the large banks graduate of Haverford College, a col- payer funds to leverage up to $500 bil- that did. These smaller banks should lege I know very well, being my oldest lion in taxpayer dollars. But most esti- not have to be a casualty of the mis- son, Shanin, graduated there, and the mates show there are about $2 trillion takes of the larger financial institu- Harvard Law School, an institution I of toxic assets in the system. I believe tions. Will the FDIC use the expanded don’t know quite so well but one I hear the taxpayers deserve to know how authority that I hope we will give them is a very good school, not perhaps up much Secretary Geithner’s plan will to return FDIC premiums to their pre- to—well, I won’t comment about that. really cost them. vious level? We need a diverse banking After graduation from law school, Mr. Third, the administration and the system. We need a system. There are Kris served as clerk to Judge Stephen Treasury Secretary need to explain over 8,000 banks of all sizes in commu- Trott on the Ninth Circuit; was in the how he will prevent the rules of the nities and States throughout the Na- Criminal Division of the Department of game from changing again. Since the tion. It is my hope that this financial Justice for 8 years; was Deputy Attor- initial rescue of Bear Stearns last sum- crisis resolution preserves that system ney General for 3 years. He has excel- mer, the previous and the current ad- instead of allowing it to be dominated lent academic and professional stand- ministrations have taken an ad hoc ap- by a few ‘‘too large to fail’’ institu- ards. proach that has changed and shifted tions. I ask unanimous consent to have Mr. numerous times. This ‘‘adhocracy’’ has What else will the Treasury do? How Kris’s resume printed in the RECORD at amounted to throwing billions of good will the Treasury assure these other the conclusion of my comments. taxpayers’ dollars into failing banks, banks will be strengthened when they The PRESIDING OFFICER. Without treating the symptoms rather than the are not in the top 20 on which the objection, it is so ordered. cause, with no apparent exit strategy. Treasury seems to focus? (See exhibit 1.) This ‘‘adhocracy’’ has resulted in fear These are just a few of the critical Mr. SPECTER. Mr. President, Mr. and uncertainty in our markets and questions about Secretary Geithner’s Kris has the commendations and rec- has done nothing to hasten the much untested, complicated plan. We, on be- ommendations of both Attorneys Gen- needed economic recovery. As a matter half of taxpayers, deserve answers. eral for whom he worked—Attorney of fact, one skilled observer, Professor Taxpayers deserve to hear solutions General Janet Reno and Attorney Gen- John Taylor, said the lack of certainty that will work. It is more important eral John Ashcroft. John Ashcroft, our has been a great cause in the failure of than anything else in solving the eco- former colleague in the Senate who sat the markets to respond positively to nomic crisis that we solve the credit on the Judiciary Committee, described any of the previous activities. crisis. Mr. Kris’s ‘‘intelligence, independence,

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.020 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3753 and wisdom’’ as ‘‘valuable national as- The legislative clerk proceeded to from 2000–2003, supervising the govern- sets.’’ call the roll. ment’s use of the Foreign Intelligence After years of public service, Mr. Kris Mr. CARDIN. Mr. President, I ask Surveillance Act, FISA, representing joined Time Warner and even found unanimous consent that the order for the Justice Department at the Na- time to write a legal treatise on na- the quorum call be rescinded. tional Security Council and in other tional security investigations and pros- The PRESIDING OFFICER. Without interagency settings, briefing and tes- ecutions. He is considered an expert on objection, it is so ordered. tifying before Congress, and assisting the Foreign Intelligence Surveillance f the Attorney General in conducting Act and leading authority on national oversight of the U.S. intelligence com- EXECUTIVE SESSION security law. munity. I urge my colleagues to support his Mr. Kris understands the role the nomination. NOMINATION OF DAVID S. KRIS TO Bush administration’s excesses have I yield the floor. BE ASSISTANT ATTORNEY GEN- played in undermining the Department EXHIBIT 1 ERAL of Justice and the rule of law. In 2006, DAVID S. KRIS, ASSISTANT ATTORNEY Mr. Kris released a 23-page legal memo- The PRESIDING OFFICER. Under GENERAL, NATIONAL SECURITY DIVISION randum critical of the legal rationale the previous order, the Senate will pro- Birth: 1966, Boston, Massachusetts. offered by the Bush administration, Legal Residence: Bethesda, Maryland. ceed to executive session to consider and in support of the legality of the Education: B.A., Haverford College, 1988; the following nomination, which the National Security Agency’s warrant- J.D., Harvard Law School, 1991. clerk will report. less wiretapping program. Mr. Kris was Employment: Clerk, Judge Stephen S. The legislative clerk read the nomi- an early advocate for the creation of Trott, U.S. Court of Appeals for the Ninth nation of David S. Kris, of Maryland, Circuit, 1991–1992. Attorney, Criminal Divi- the National Security Division he has to be Assistant Attorney General. now been confirmed to lead, leaving a sion, U.S. Department of Justice, 1992–2000. Mr. LEAHY. Mr. President, the Sen- Associate Deputy Attorney General, U.S. De- lucrative practice as an in-house coun- partment of Justice, 2000–2003. Vice Presi- ate has confirmed four nominees to fill sel for a major corporation to return to dent, Time Warner, Inc., 2003–2005. Chief top leadership positions at the Justice government service. Compliance Officer, Time Warner, Inc., 2005– Department officials, and today we Mr. Kris’ nomination has also earned Present. Senior Vice President and Deputy take another step forward to put in support from both sides of the aisle. General Counsel, Time Warner, Inc., 2006– place Attorney General Holder’s lead- Former Bush administration Solicitor Present. Nonresident Senior Fellow, Brook- ership team. Today, the Senate turns ings Institution, 2008–Present. Adjunct Pro- General Ted Olson, who worked with to the nomination of David Kris to lead Mr. Kris at the Department, describes fessor of Law, Georgetown University Law the National Security Division. Center, 2008–Present. National Security Ad- Mr. Kris as ‘‘a very sound lawyer,’’ who viser, Hillary Clinton for President and I thank the Democratic and Repub- ‘‘is committed to the defense of the Obama for America, 2008. DOJ Agency Re- lican members of the Judiciary Com- United States and its citizens, and re- view Team Member, President-Elect Transi- mittee for working with me to expedite spects the rule of law and civil rights.’’ tion Team, 2008–2009. this nomination when it was in com- Former Deputy Attorney General Selected Activities: Award, Attorney Gen- mittee. Senator FEINSTEIN chaired our Larry Thompson, who asked Mr. Kris eral’s Award for Exceptional Service, 1999, Judiciary Committee hearing on his 2002. Award, Assistant Attorney General’s to remain in his post during the Bush nomination on February 25. We were administration, writes that he asked Award for Special Initiative, 1998. Awards for able to report his nomination out of Special Achievement (various dates prior to Mr. Kris to stay after finding that ‘‘he 2000). Member, Edward Bennett Williams Inn the committee by a voice vote on had a passion for national security of Court, 1995–2007; Massachusetts Bar, 1991– March 5. The Senate Select Committee issues but also a deep respect and ap- Present; New York State Bar, 2003–Present; on Intelligence worked quickly to con- preciation for the related civil liberties Maryland State Bar, 2008–Present. sider and report his nomination as concerns.’’ Former Bush administra- The PRESIDING OFFICER. The Sen- well. Finally, the Senate today con- tion Homeland Security Secretary Mi- ator from Missouri. siders his nomination to this critical chael Chertoff and former Attorneys Mr. BOND. Mr. President, I join with national security post. General Janet Reno and John Ashcroft my colleague from Pennsylvania in The Judiciary Committee’s renewed have all written in support of Mr. Kris’ urging my colleagues to give an over- oversight efforts in the last 2 years nomination. whelming vote to David Kris. I have brought into sharper focus what for President Obama has reminded had the pleasure of working with him years had been clear—that during the Americans and the world that, ‘‘to on national security matters in my po- last 8 years, the Bush administration overcome extremism, we must also be sition as vice chairman of the Intel- repeatedly ignored the checks and bal- vigilant in upholding the values our ligence Committee. I believe our na- ances wisely placed on executive power troops defend—because there is no tional security will be well served by by the Founders. The Bush administra- force in the world more powerful than Mr. Kris. I wholeheartedly endorse his tion chose to enhance the power of the the example of America.’’ The Presi- nomination. President and to turn the Office of dent reminded us that ‘‘living our val- The PRESIDING OFFICER. The Sen- Legal Counsel at the Department of ues doesn’t make us weaker, it makes ator from Utah. Justice into an apologist for White us safer and it makes us stronger.’’ Mr. HATCH. Mr. President, I also House orders—from the warrantless David Kris understands the moral wholeheartedly endorse his nomina- wiretapping of Americans to torture. and legal obligations we have to pro- tion. He is an extremely talented, expe- Attorney General Holder has already tect the fundamental rights of all rienced intellectual in the law. I expect taken steps toward restoring the rule Americans and to respect the human him to be one of the best we have ever of law. With the confirmation of David rights of all. He knows, as do the Presi- had. I am very proud he is willing to Kris to lead the National Security Di- dent and the Attorney General, that we serve in this administration and go vision, we fill another key national se- must ensure that the rule of law is re- through the processes many people are curity position in the Department. stored as the guiding light for the work trying to avoid at this particular point. David Kris is a highly regarded vet- of the Department of Justice. Let me just say, as the longest serv- eran of the Department of Justice. He I congratulate Mr. Kris and his fam- ing person on the Senate Intelligence is former Federal prosecutor who spent ily on his confirmation today. Committee, we need people such as Mr. 8 years as a career attorney in the Mrs. FEINSTEIN. Mr. President, I Kris in Government. I commend the ad- criminal division at the Department, rise today in strong support of the ministration in cooperating and ap- handling complex cases in Federal trial nomination of David S. Kris to be As- pointing him. and appellate courts, including the Su- sistant Attorney General for National Mr. President, I suggest the absence preme Court. Mr. Kris was then a polit- Security. of a quorum. ical appointee under both President Mr. Kris was nominated by President The PRESIDING OFFICER. The Clinton and President Bush, serving as Obama on February 11, 2009, to fill this clerk will call the roll. Associate Deputy Attorney General important position. Since then, his

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.021 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3754 CONGRESSIONAL RECORD — SENATE March 25, 2009 nomination has been considered by the tion and signs applications going to the Lugar Reed Tester Judiciary Committee and then sequen- FISA Court. Martinez Reid Thune McCain Risch Udall (CO) tially by the Intelligence Committee. I Because of the legislation passed last McCaskill Roberts Udall (NM) had the honor of chairing both of these year, Mr. Kris will need to start imme- McConnell Rockefeller Vitter hearings, so am as familiar with any diately to prepare new certifications Menendez Sanders Voinovich Merkley Schumer Member with his record. and supporting materials that the ex- Warner Mikulski Sessions Webb Both the Judiciary Committee and Murkowski Shaheen ecutive branch will have to submit to Whitehouse Murray Shelby Intelligence Committee favorably re- the FISA Court. As such, he would be Wicker Nelson (FL) Snowe ported the nomination without dissent. Wyden the official at the Department of Jus- Nelson (NE) Specter The position of the Assistant Attor- tice most directly involved in ques- Pryor Stabenow ney General for National Security was tions of setting minimization and tar- NOT VOTING—2 created in the USA PATRIOT Improve- geting procedures, reviewing the Attor- ment and Reauthorization Act of 2005 ney General’s guidelines under the act, Enzi Kennedy out of recognition that there should be and making sure that the intelligence The nomination was confirmed. a single official in the Department of collection is carried out faithfully The PRESIDING OFFICER. Under Justice who is responsible for national under the law. the previous order, the motion to re- security. Separately, an Assistant Attorney consider is considered made and laid on The Assistant Attorney General is General should be playing a key role in the table. The President will be imme- the bridge between our Nation’s intel- the executive branch review of how to diately notified of the Senate’s action, ligence community and the Depart- handle individuals currently held at and the Senate will resume legislative ment of Justice. He or she represents Guantanamo Bay. Mr. Kris has an- session. the Government before the FISA Court swered numerous questions on this f and is also the Government’s chief topic during his confirmation hearings LEGISLATIVE SESSION counterterrorism and counterespionage and shares my view that there must be prosecutor. an appropriate legal process upholding David Kris is highly qualified for this any decisions to detain individuals. NATIONAL SERVICE critically important national security However, he also believes, correctly in REAUTHORIZATION ACT—Continued position. my view, that great care must be taken The PRESIDING OFFICER. The Sen- He has both figuratively and literally to ensure that anyone at Guantanamo ‘‘written the book’’ on national secu- ator from Ohio is recognized. who is transferred to other nations Mr. BROWN. Mr. President, I ask rity. must not be allowed to pose a con- Mr. Kris spent 11 years as a pros- unanimous consent to speak as in tinuing threat to our national security. morning business. ecutor in the Justice Department, and I am pleased that this nomination he knows its national security func- The PRESIDING OFFICER. Without has finally reached the floor, and I urge objection, it is so ordered. tions well. the confirmation of David Kris. During the Bush administration, he AMERICAN AND CHINESE ECONOMIES The PRESIDING OFFICER. The Sen- Mr. BROWN. Mr. President, the cur- was the Associate Deputy Attorney ator from Maryland. General for national security, where he rent financial crisis paints our eco- Mr. CARDIN. Mr. President, I ask for nomic relationship with China in broad litigated national security cases and the yeas and nays. oversaw intelligence activities. When relief. Our economies are not healthy, The PRESIDING OFFICER. Is there a Congress considered merging the De- China’s economy, the economy of the sufficient second? partment’s national security functions United States. And worse, these two There is a sufficient second. under a single office, Kris was one of countries’ economies, ours and China’s, The question is, Will the Senate ad- the experts consulted. are codependent. After leaving Federal Government vise and consent to the nomination of The U.S. official unemployment rate service, Mr. Kris remained very active David S. Kris, of Maryland, to be As- is 8.1 percent. In my State of Ohio, it is in the field of national security law. He sistant Attorney General? 9.4 percent, the highest rate inflicted coauthored of the most widely used The clerk will call the roll. on our State in 25 years. Meanwhile, legal treatise in this area. His book, ti- The legislative clerk called the roll. tens of thousands of factories in China tled ‘‘National Security Investigations Mr. DURBIN. I announce that the have closed over the past 6 months. and Prosecutions’’, provides a step-by- Senator from Massachusetts (Mr. KEN- China is one enormous export plat- step analysis of all of the law that gov- NEDY) is necessarily absent. form, and the United States is its big- erns Government activity in response Mr. KYL. The following Senator is gest customer. We, for all intents and to terrorist threats. necessarily absent: the Senator from purposes, have stopped buying. Morgan During the debate last year over re- Wyoming (Mr. ENZI). Stanley economists report that exports writing the Foreign Intelligence Sur- The PRESIDING OFFICER. Are there account for 47 percent of the economies veillance Act, Mr. Kris spent signifi- any other Senators in the Chamber de- of China and other East Asian nations. cant amounts of his personal time siring to vote? Literally 47 percent of their economy, meeting with personnel from both the The result was announced—yeas 97, almost half of their economy, is de- Judiciary and Intelligence Committees nays 0, as follows: voted to export in China and other to offer his expertise and judgment. [Rollcall Vote No. 109 Ex.] Eastern Asian countries, while in our In addition to his expertise, Kris has YEAS—97 country, the United States, consump- received high marks for his commit- Akaka Casey Hagan tion accounts for 70 percent of our ment to the rule of law. Both commit- Alexander Chambliss Harkin GDP. This economic codependency has tees to consider his nomination re- Barrasso Coburn Hatch bred a dangerously skewed financial re- Baucus Cochran Hutchison ceived numerous letters of support Bayh Collins Inhofe lationship. As revenues flow out of the from distinguished legal and privacy Begich Conrad Inouye United States and into China, China rights officials and experts. Those let- Bennet Corker Isakson has become our biggest lender. Imagine ters are in the hearing records at both Bennett Cornyn Johanns what that is going to look like if we Bingaman Crapo Johnson committees. Bond DeMint Kaufman continue these policies in the years It is important for the Senate to con- Boxer Dodd Kerry ahead. What it means for sovereign sider this nomination and confirm Mr. Brown Dorgan Klobuchar wealth funds, the collection of United Brownback Durbin Kohl Kris. Simply put, the Department of Bunning Ensign Kyl States dollars held by Chinese banks, Justice needs him to get to work. Burr Feingold Landrieu Chinese Government treasury, Chinese The Assistant Attorney General posi- Burris Feinstein Lautenberg businesses, the number of United tion, currently vacant, is the primary Byrd Gillibrand Leahy States dollars, because of their trade Cantwell Graham Levin official overseeing the Foreign Intel- Cardin Grassley Lieberman surplus, coming from our trade deficit ligence Surveillance Act implementa- Carper Gregg Lincoln situation—I do not need to detail the

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.024 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3755 risk that relationship breeds. But its ufacturer petitions for relief, when he Mr. CORNYN. Mr. President, I ask roots lie in our economic codepend- says, ‘‘I can compete with anyone, but unanimous consent that Senator REED ency, and our economic codependency this is not a level playing field;’’ when from Rhode Island be recognized first, is rooted in our Nation’s passive trade the Ohio manufacturer says he wants for up to 5 minutes, and then I be rec- policy. to emit less carbon but needs to see ognized, following him, for up to 10 Senator SANDERS and Senator that his competitors from China bear minutes. WHITEHOUSE, joining me on the floor, the same cost on similar time lines, The PRESIDING OFFICER. Without with the Presiding Officer, all under- what does the Chinese Government objection, it is so ordered. stand what these trade agreements say? They call it protectionism. The Senator from Rhode Island. have done, this passive trade policy Last week Energy Secretary Chu Mr. REED. Mr. President, I rise in that we have practiced for more than a noted in a hearing that unless other strong support of H.R. 1388, the Serve decade, what that has done to our countries bear a cost for carbon emis- America Act. I particularly commend country. sions, the United States will be at a Senator MIKULSKI for her leadership on Ohio is one of the great manufac- disadvantage. The Chinese official re- this very important initiative. She has turing States in our Nation. We make sponded: done more than anyone to bring this paper, steel, aluminum, glass, cars, I will oppose using climate change as an bill to the floor and it being on the tires, solar panels—one of the leading excuse to practice protectionism on trade. verge of successful passage. I say thank States in the country manufacturing Chinese officials are quick to call us you, Madam Chairwoman as well as solar panels—polymers, wind turbines, protectionist, a country that has an Senators KENNEDY, HATCH, and ENZI for and more. Look around you today and $800 billion trade deficit, despite all the your excellent work on this bill. This bipartisan legislation reauthor- you will see, wherever you go, some- protections the Chinese afford its man- izes the National and Community Serv- thing that was made in Ohio. ufacturers. Meanwhile, the United So let’s look at a typical Ohio manu- ice Act for the first time since 1993. It States has the world’s most open econ- facturer and compare that with a Chi- strengthens our commitment to the omy, as we should. nese manufacturer. The Ohio manufac- importance and value of national and Of course, Chinese officials are often turer has a minimum wage to pay his community service for individuals of joined by highly paid American CEOs, workers, as he should. The Ohio manu- all ages. by Ivy League economists, by editorial facturer has clean air rules, safe drink- I was pleased the American Recovery boards at darn near every newspaper in ing water rules, workplace rules, prod- and Reinvestment Act that was signed the country in calling any effort to re- uct safety standards by which to abide, into law last month included $154 mil- build American manufacturing protec- helping to keep our workers healthy lion for AmeriCorps State and national tionist. In newspapers around the coun- and productive, helping to keep cus- programs and AmeriCorps VISTA. This try, when we fight for American jobs tomers safe, helping to create a better, funding is estimated to engage 13,000 and say we need a level playing field, more humane society. additional individuals in service to newspapers will say we are protec- Worker safety, environment, public their communities. In his address to tionist. That is why there is such a health, treating workers properly, Congress last month, President Obama sense of urgency about changing this these are all things our country and encouraged ‘‘a renewed spirit of na- manufacturing policy. China’s indus- the values it represents has brought to tional service for this and future gen- trial policy is based on unfair trade us. The Chinese manufacturer has no erations’’ and called for quick congres- practices. It involves direct export sub- minimum wage to maintain, is allowed sional action on the legislation we seek sidies and indirect subsidies such as to pollute local water sources, is al- to pass today. currency manipulation and copyright lowed to let workers use dangerous and There are a variety of ways to serve piracy, hidden subsidies such as lax faulty machinery and, frankly, wheth- your country. You can serve in the standards and low labor costs, and un- er it is in a vitamin or food of some Armed Forces, as I did, or you can enforced environmental rules. In total, kind, is allowed to use, too often, toxic serve in your community, as so many it results in millions of lost jobs—in substances, such as on children’s toys Americans are doing today. More than Erie, Pittsburgh, Philadelphia, Cleve- with lead-based paint, things such as ever, being a good citizen means not land, Youngstown, Sandusky, that. Chinese manufacturing doesn’t do only working hard and providing for Zaynesville, and Lima, all over the any of the things the Ohio manufac- one’s family but also being an engaged States. turer does. and contributing member of the com- It is also depressing wage and income The Ohio manufacturer pays taxes, munity, and particularly to those most levels worldwide, while China’s exploi- health benefits, pays into Social Secu- in need in your community. rity and Medicare, typically allows tation of environmental and health and We make ourselves better by engag- family leave, and gives WARN notices safety standards injures Chinese, some- ing in service that gives back to our when there is a plant closing. The Chi- times kills Chinese workers and citi- communities and makes our society nese manufacturer does little of that, zens, and adds to our climate change better, through teaching, mentoring but the Chinese manufacturer also al- challenges. The health of our economy, and tutoring children, cleaning up riv- lows child labor, which is expressly for- the strength of our middle class de- ers and streams, building housing for bidden in this country. The Ohio manu- pends on how Congress and how the the homeless, and addressing the med- facturer generally receives no govern- Obama administration engages with ical needs of the ailing, to name a few ment subsidies. The Chinese manufac- China on these issues. endeavors that are so critical. turer often receives some subsidies for I yield the floor. The AmeriCorps, Learn and Serve the development of new technologies f America, and Senior Corps programs and, often, subsidies for export assist- RECESS have greatly benefitted my State. ance. The Chinese manufacturer bene- Rhode Island has a proud tradition of fits from China’s manipulation of its The PRESIDING OFFICER. Under service and was one of the first States currency which gives it up to a 40-per- the previous order, the Senate stands to embrace the AmeriCorps program. cent cost advantage. in recess until 2 p.m. More than 14,000 Rhode Islanders par- The Ohio manufacturer is going Thereupon, the Senate at 12:33 p.m., ticipated in those programs last year. green, investing in new technologies recessed until 2 p.m. and reassembled Participants in these programs are and efficiency to create more sustain- when called to order by the Presiding given an opportunity to learn as well able production practices. Ohio manu- Officer (Mr. KAUFMAN). as an opportunity to serve. In the act facturers are part of the movement to f of serving their community, partici- become more energy efficient. They pants often make a difference in their will do their job to reduce carbon emis- NATIONAL SERVICE own lives—developing their own knowl- sions but not at the expense of jobs if REAUTHORIZATION ACT—Continued edge, skills, character, and self-esteem, China and other countries don’t take The PRESIDING OFFICER. The Sen- and incorporating an ethic of civic re- comparable action. When an Ohio man- ator from Texas. sponsibility for the rest of their lives.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.026 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3756 CONGRESSIONAL RECORD — SENATE March 25, 2009 As a cosponsor of this legislation, I Students are trying to figure out how So these tax increases will, in effect, am particularly pleased that this bill these higher taxes will actually impact limit the opportunities for these com- includes changes I advocated to maxi- the opportunities they will have as munity college students, including mize Rhode Island’s funding through they enter the workforce. Some of folks in my State, in east Texas, in the AmeriCorps and Learn and Serve these taxes will hit these students at Tyler, TX. programs. The Serve America Act in- the toughest time; that is, right as Then there is the issue of raising cludes a statutory small State min- they enter their first job. taxes generally and spending. These imum for the AmeriCorps and Learn We know the engine of job creation students know Congress is already and Serve formula programs for the in America is our small businesses. In first time. It also includes a provision fact, of those small businesses that em- spending a whole lot of their money be- I authored to ensure that small, inno- ploy between 10 and 500 employees— cause it is all borrowed money. In fact, vative AmeriCorps programs such as which are the principal job creators in we have spent more money since this those found throughout Rhode Island our country—50 percent of them will Congress convened this year than has get their fair share of competitive experience higher tax rates because been spent for the Iraq war, the war in grant funding. Additionally, I am many of them are not incorporated. Afghanistan, and in Hurricane Katrina pleased that this legislation includes They are sole proprietorships. They are recovery. We have done that already. changes I sought to encourage volun- partnerships. They are subchapter S And this budget calls for doubling the teers to focus on helping low-income corporations, where the income actu- debt in 5 years and tripling the debt in individuals find affordable housing. ally flows through and is reported on 10 years. This is legislation that is important. an individual tax return. These students, understandably—be- It is critical. It lives up to our highest So it is not true to say these will cause they are going to be the ones we traditions as a nation; that is, to be only affect the rich. Indeed, these taxes are going to look to to pay that money something more than one who enjoys will affect the very job engine that cre- back or bear that tax burden—should their rights but also who discharges ates the jobs we ought to be worried be concerned and, indeed, they are con- their responsibilities through service about retaining and indeed creating cerned that so much money is being to the community and the Nation. I more of. spent so recklessly. In fact, it is impos- I also talked to these students about urge passage. sible for me to imagine it will be spent how they will feel the impact of higher The PRESIDING OFFICER. The Sen- without huge sums of money actually ator from Texas. energy costs on their electric bill. You being wasted. THE BUDGET may wonder what I am talking about. Mr. CORNYN. Mr. President, I am a Well, we all care about the environ- We have already seen evidence of member of the Budget Committee. Sen- ment. As a matter of fact, I reject the that. In the stimulus bill—the Presi- ator CONRAD is our chairman. Senator notion of people who actually say: dent said he wanted on his desk in GREGG is our ranking member. As the Well, we care about the environment, short order, which was rushed through Senate knows, this week we will be and you do not care. I think we all care the Senate and through the Congress— taking up the President’s proposed about the quality of the air we breathe, $1.1 trillion, including the debt and in- budget, and I want to speak for a few the quality of the water we drink. I terest on the debt—we found out, once minutes about that subject. cannot imagine someone who does not. we passed the next bill, which was a Yesterday I had the opportunity to These students, though, I think are $410 billion Omnibus appropriations speak to a number of students who understandably skeptical of the com- bill, that, lo and behold, Congress had were here because they want to make plex and unproven cap-and-trade actually doubly funded 122 different sure Congress continues to provide scheme the President’s budget wants to programs in the bill. We acted with them an opportunity to study at our import from Europe, which will actu- such haste, with such little care, with Nation’s community colleges. I am a ally ultimately increase the cost of en- such little deliberation, that we found strong believer in the role of commu- ergy, including electricity. That is why out we doubly funded 122 programs. nity colleges as a less expensive yet some people have called it a national outstanding opportunity to earn a good sales tax on energy, if, indeed, this Indeed, we found out in recent days education, but it being also a part of complex and unproven cap-and-trade that in the conference report on the our workforce development and train- plan is passed as part of the President’s stimulus bill, there was a provision ing, where industry can come in and budget. stuck in the conference report that match up a curriculum to train people Then there is the issue of the caps protected the bailout bonuses for the to perform jobs for which they can re- placed on charitable deductions for executives of AIG. Then, of course, ceive well-paying salaries. taxpayers who take advantage of that there was the understandable uproar But yesterday these community col- tax break when they contribute money over that. That is what happens when a lege students, of course, were here to to good and worthy purposes. Many bill is printed and circulated at 11 talk about the issues that are on their community college students receive o’clock at night, on a Thursday night, mind. They heard from Dr. Jill Biden scholarships from foundations that are and we are required to vote on it in less and Secretary Duncan, among others. I funded by charitable contributions. As than 24 hours the next day. That is not appreciate how eager they were to a matter of fact, charitable giving is the kind of transparency, that is not learn what is going on here in Wash- one of the things that is part of our Na- the kind of accountability, that is not ington. Indeed, I bet there are a lot of tion’s great tradition of voluntarism— what will actually give people more people who would like to know what is something Alexis de Tocqueville called confidence in their Government-elected going on here in Washington. ‘‘public associations’’—things you do officials. To the contrary. There is an- I encouraged them to learn about the not get paid for but things that people other provision in this omnibus bill issues and express their views. I told do because they think it is the right that has essentially started a trade war them that as far as I can tell, their thing to do and they have the oppor- with Mexico, something that causes me generation will bear the consequences tunity to do in our great country. grave concern. of the reckless spending this Congress This budget would actually cap char- is engaged in, in a budget that simply itable contributions, which will actu- So as we consider the President’s $3.6 spends too much, taxes too much, and ally reduce the tax incentive for indi- trillion budget proposal, we should re- borrows too much. viduals to contribute money to good member the lessons of the past 2 Students will ultimately end up— causes such as the Tyler Junior College weeks: spending so much money, so after they finish their education and Foundation in Tyler, TX. The founda- quickly, can lead to unintended con- enter the workforce—paying those tion is understandably concerned that sequences, to say the very least, but higher taxes under this proposed budg- raising taxes without increasing the the biggest consequence of this budget et. This proposed budget calls for $1.4 charitable tax deduction will limit is the amount of debt we are accumu- trillion in additional net taxes over the their ability to offer as many scholar- lating. I have already talked about it a next 10 years. ships in future years. minute.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.030 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3757 But, of course, we were shocked, and lenges. I am glad to see my colleagues urge my colleagues to look past the I think even the President and the ad- from the other side of the aisle are next election cycle and to pass this ministration were shocked, by the Con- doing their part for the environment budget to get America back on track gressional Budget Office, the non- by recycling 15-year-old talking points again. partisan office which evaluates finan- on the budget. I thank the Chair. I yield the floor. cial matters for Congress, which said President Bush left us a terrible The PRESIDING OFFICER. The Sen- the President’s budget will actually mess: high unemployment, high defi- ator from Tennessee. create deficits averaging nearly $1 tril- cits, millions without health care. I am AMENDMENT NO. 688 lion a year for the next decade. referring to the first President Bush Mr. CORKER. Mr. President, I rise to I mentioned the fact that it would and the mess inherited by President speak regarding amendment No. 688, double the debt in 5 years, triple it in Bill Clinton. One of my colleagues at the Crapo-Corker amendment. I say to 10 years. The Congressional Budget Of- the time said Clinton’s budget would the Senator from Michigan, this is an fice said the size of the national debt as ‘‘destroy the economy.’’ Well, I think opportunity for us all to say yes. a percentage of the economy will be- everyone knows the Clinton years did This is an amendment that is very come the highest since the years after not destroy the economy. In fact, they important to people all across the World War II. created about 22 million new jobs. country. What this amendment does is So these students who start college Let’s look at some of the newspaper it gives the FDIC the ability to have a this year will see their share of the na- headlines from back then. First of all, line of credit that today is at $30 bil- tional debt grow from $19,000 per stu- just this week, Politico’s banner head- lion, and it gives them a line of credit dent to more than $36,000 per student line was: ‘‘GOP Warns About Budget up to $100 billion. The FDIC was put in after graduation from a 4-year pro- Hardball.’’ That is what we have been place in 1991 when banking assets in gram. By 2019, their share of the debt hearing on the floor—hardball, people our country were at $4.5 trillion. will grow to more than $55,000 per per- coming down time after time attacking Today, bank assets in our country son. Can you imagine, with the money President Obama’s budget. total almost $14.7 trillion. We have an they have to borrow to fund their edu- But back in 1995, we heard the same FDIC today that is hamstrung because cation, with their credit card debt—and thing: ‘‘GOP Plan for Budget to Take of the financial crisis in which we find I do not know any student who does No Prisoners.’’ ourselves. So this amendment would not have sizable credit card debt—we In 1993: ‘‘GOP’s Politics of No.’’ raise that line of credit from $30 bil- are going to heap $55,000 in additional Sound familiar? GOP’s politics of no. lion, which is an ancient establish- debt on these students. That is a tough In 1993: ‘‘One-Word Vocabulary Hob- ment, to $100 billion. way to start out your life after school bles GOP. Republicans Grouse as Sen- Secondly, what it would do is give as you start your first job. Today’s col- ate Takes Up Budget Bill.’’ You could the FDIC—with certain signatures re- lege students will ultimately have to recycle and, in fact, that is what they quired from the Fed, from the Treas- pay back the debt, as well as the gen- are doing, every single one of these ury, from others—access to a $500 bil- erations that succeed them. All bail- comments and every single one of these lion line of credit in the event they outs, one way or another, will come headlines. need it to seize an institution to pro- out of their pocket. The American people voted for tect depositors. So this does two I urge my colleagues to understand change last November. They are tired things. the impact on this younger generation of all of this. They are tired of the nay- To make this relevant to people who of a budget that taxes too much, saying, the doom and the gloom. They will be voting on this amendment, spends too much, and borrows too deserve better than a Republican re- hopefully, this afternoon, I think all of much. Because of our actions, the next peat, and that is, unfortunately, what my colleagues know the FDIC has just generation will either have to raise is happening: a Republican repeat, put in place a special assessment. My more taxes or cut programs that are same old politics, same old politics of guess is every person in this body has necessary or lower their standard of no, slow-walking, filibustering; same heard from community bankers and re- living. old policies; every problem should have gional bankers and even larger estab- I know from my parents, members of a tax cut for the wealthy. That is what lishments about this special assess- the ‘‘greatest generation,’’ the one got us into this mess. ment. thing they aspired to more than any- We hear the same old thing from our I know in Tennessee, many of the thing else was that my brother and my colleagues on the other side of the community banks actually would have sister and I would have a better life, aisle. We hear no to health care reform to spend an entire quarter’s earnings to more opportunities, more freedom, a and the budget, no to creating 3.5 mil- pay this special assessment. So by better standard of living than they did. lion new jobs through the recovery doing what we are doing in this amend- And they were willing to sacrifice for plan. We hear no to increasing over- ment, we actually give the FDIC time that, and sacrifice they did. But it sight of our financial sector. We hear to amortize that special assessment seems to me the sacrifices we are call- no to extending unemployment for over a number of years which will ing for today are all on our children those most in need. Certainly, in my cause it to be far more palatable for and grandchildren, and none upon the great State of Michigan the answer has community bankers, in particular, who present generation. been no. To a commonsense budget have had nothing whatsoever to do The President says he wants to make that provides middle-class tax cuts and with the financial crisis in which we hard decisions. But I do not see any will cut the deficit in half in 4 years, find ourselves. hard decisions in this budget. All I see what do we hear? No. Secondly—and I think this ought to is more borrowing, more taxing, and The budget we are working on now be equally important to people here— more spending, and that is exactly the focuses on the real problems affecting this gives the FDIC the ability to move wrong way we ought to be headed. American families, the things that peo- into an organization quickly and to Mr. President, I thank the Chair and ple sit down with their families and seize it to protect depositors’ accounts. yield the floor. struggle over every day. The Obama I know right now the fund is running The PRESIDING OFFICER. The Sen- budget invests in America’s future by thin. My guess is that could affect— ator from Michigan. focusing on jobs, by focusing on health and actually the FDIC has lobbied for Ms. STABENOW. Mr. President, I ask care, by focusing on energy independ- this—this might affect future actions if unanimous consent to speak as in ence, and education. That is what our they don’t feel as though they have the morning business. families are concerned about as they resources necessary to go into an orga- The PRESIDING OFFICER. Without are trying to juggle what to pay first nization to do the things they need to objection, it is so ordered. amidst the crisis they feel today. do to make sure depositors are pro- Ms. STABENOW. Mr. President, we This is a budget we need to do right tected. know our planet is in danger, and later now. We need to move past the politics This action is action for which I this year we will be debating a climate of no and start working together to do would imagine we could almost get bill to address our environmental chal- what is right for American families. I unanimous support. As a matter of

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.031 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3758 CONGRESSIONAL RECORD — SENATE March 25, 2009 fact, my guess is we could voice vote FDIC. I will not be supporting the Sen- and withdraw his amendment. I say this. As a matter of fact, I hope that ator’s amendment even though I agree this in the most respectful way because will occur this afternoon. there is much about the policy in the I know how strongly he feels about it. In the past, this legislation has been amendment that I agree with. It might He has a lot of expertise on that, and I held hostage to what is called the be a good idea, but it is in the wrong would like to see that expertise chan- cram-down provision. The cram-down place. neled to the right place, at the right provision has been before this body. It The bill pending before the Senate is time, with the right amendment, on was defeated overwhelmingly. Numbers the national service bill. It is the re- the right bill. of Democrats thought it was bad legis- sult of bipartisan, bicameral work— Mr. President, I yield the floor and lation. There have been a few Senators very complicated bipartisan, bicameral suggest the absence of a quorum. who have tried to attach cram-down to negotiations—on which we have strong The PRESIDING OFFICER. The this legislation that we will be voting support from a range of Senators and clerk will call the roll. on this afternoon and tried to extort strong support from the administra- The legislative clerk proceeded to action on cram-down by virtue of hold- tion. Introducing contentious housing call the roll. ing this very good piece of policy at and economic issues into this debate Ms. MIKULSKI. Mr. President, I ask bay. would jeopardize the bipartisan support unanimous consent that the order for It is my hope this afternoon that we we have on this bill and could wreak the quorum call be rescinded. will do something that is very impor- havoc in the conference we will be fac- The PRESIDING OFFICER. Without tant, especially to community bankers ing with the House. We don’t want to objection, it is so ordered. across the country but also to deposi- be in havoc with the House. It is one Ms. MIKULSKI. Mr. President, I ask tors to make sure we have the ability thing to be negotiating assertively, unanimous consent that at 3 p.m., the to protect them: that the FDIC has the representing a Senator’s viewpoint Senate resume consideration of amend- ability to move quickly. Move aside with the House on national service and ment No. 688; that if a budget point of from extortionary politics and move what is the best, most prudent, and af- order is raised against the amendment toward doing something that is good fordable way to do it, but if we have to and a motion to waive the applicable for our country, good for community carry over to the House an amendment point of order is made, that imme- bankers, and certainly very good for dealing with FDIC and insurance—that diately thereafter the Senate proceed depositors all across this country. really belongs on another bill. to vote on the motion to waive the Mr. President, I thank you for this I encourage our colleague, Senator point of order. time. I yield the floor. CRAPO, to withdraw the amendment. I The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- really would not like to reject the idea, objection? ator from North Dakota. but that is the Banking Committee’s Without objection, it is so ordered. Mr. DORGAN. Mr. President, first, I jurisdiction. As I understand it from The Senator from Arizona is recog- wish to say with respect to the Serve the chairman and ranking member of nized. America Act, let me compliment the the Banking Committee, this is a sub- Mr. KYL. Mr. President, President committee chair and the ranking mem- stantive issue they intend to take up in Obama has said he wants to encourage ber. This is a good piece of legislation. their committee. ‘‘a renewed spirit of national service I am proud to support it. I also wish to I say to my colleagues on both sides for this and future generations.’’ I sub- say I have an amendment I hope we of the aisle, if Senator CRAPO insists mit that we can all agree on the value will be able to accept by voice this upon a vote, that we really not pass his of promoting voluntarism. Volunteers afternoon. It is the amendment that amendment. For all of those who think are essential to the survival of many calls for a tribal liaison to the Corpora- the policy has merit, I don’t dispute charitable organizations in America. tion of National and Community Serv- that. But that is for another forum. But I believe S. 277 diminishes the true ice in order to keep Indian tribes in That is for a Banking Committee spirit of volunteering, first, by pro- this country fully involved in this forum. That should be hashed out in viding taxpayer-funded benefits such as process. the Banking Committee, and then rec- monthly stipends and housing to par- Some of the highest rates of unem- ommendations would be brought to the ticipants—this financial support for ployment in this country exist within respective caucuses of both the Demo- volunteers will cost over $5 billion, Indian tribes. The opportunity to par- crats and Republicans so that we can which is a lot of money for volun- ticipate in, for example, the National have a substantive discussion. teering—and secondly, by redefining Committee Service Program would be I must say that to increase the bor- volunteering as a taxpayer-funded po- very important. So I know this amend- rowing authority of the FDIC from $30 litical exercise in which Government ment is supported by the chair and the billion to $100 billion should not be bureaucrats can steer funding to orga- ranking member, and I hope we can ac- done on a shoot-from-the-lip. That is nizations they select. cept it by voice vote at some point this what this amendment is, all due re- In the past, service organizations afternoon. spect to my colleague. Just kind of mandated by the Government have not Mr. President, I would inform Sen- dumping it on national service is a been constrained from providing funds ator MIKULSKI that I wanted to de- shoot-from-the-lip amendment. I think to organizations with political agen- scribe to my colleagues something that it deserves more caution and consider- das, and this bill is no different. While is happening in our State as I speak, ation. We are talking about raising the the Mikulski substitute amendment to and I wanted to do so in morning busi- borrowing authority by $70 billion just the bill adds a limited constraint, the ness so it doesn’t interrupt the flow of when everybody is saying: Hey, Obama political direction of the bill is still ap- the debate over this bill. So I ask unan- is taking on too much. I think we are parent. It attempts to direct resources imous consent to speak as in morning taking too much on in an amendment to five newly created corps—three that business to describe the flooding threat with the national service bill. aim to influence health care, energy that is occurring in my State at this I say to my colleague, please with- and the environment, and education; moment. draw your amendment. If you insist that is, groups that reflect the key as- The PRESIDING OFFICER. Without upon a vote, I am afraid I will have to pects of President Obama’s domestic objection, it is so ordered. oppose you in a very vigorous way. agenda. For instance, the bill would al- (The further remarks of Mr. DORGAN Perhaps, if done appropriately through locate funds to a newly created Clean are printed in today’s RECORD under the Banking Committee and it comes Energy Corps in which participants ‘‘Morning Business.’’) before the Senate in the regular order, would improve energy efficiency in The PRESIDING OFFICER. The Sen- I might be in the ‘‘aye’’ column. low-income households. All well and ator from Maryland is recognized. So when we do vote on that, that is good, but the bill would also require Ms. MIKULSKI. Mr. President, later the category I will be in. As I under- the Clean Energy Corps to consult with this afternoon we are going to be vot- stand it, we will be voting on that energy and labor and the Environ- ing on the Crapo amendment, No. 688, amendment this afternoon. There is mental Protection Agency. Among the to increase borrowing authority for the still time for the Senator to come over activities of the new Clean Energy

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I was recently in- tionally served by State, local, and pri- deal with it in conjunction with other formed I was not going to be able to vate community service organizations? matters, with which my colleague from get those amendments up and pending. Another problem with the bill is its Idaho is very familiar, dealing with the The majority leader of the Senate failure to eliminate programs that are FTC, some safe harbor provisions from asked us to get amendments up. I not working. Current national service Senator MARTINEZ dealing with the cleared my schedule to make sure I programs being funded, such as Learn foreclosure issue, and several other could come over and get my amend- and Serve and the AmeriCorps Na- points as well. We are trying to include ments up. Now I am told by Senator tional Civilian Community Corps, have these as an overall package which we MIKULSKI’s staff that there would be not been successful. On its Web site, are working on and hopefully can com- objection to getting any more amend- expectmore.gov, which provides a data- plete maybe before the recess. I don’t ments pending. base of Federal program performance want to commit to that but certainly Ms. MIKULSKI. Mr. President, I say results, the Office of Management and quickly because there is a sense of im- to my colleague from Nevada, there Budget has categorized both of these portance to these matters. seems to be some confusion about this programs as not performing and inef- I want my colleagues to know, par- matter. We do want to address his fective. ticularly my friend from Idaho, that amendments. We have been working on Finally, there are the costs associ- supporting a motion dealing with a his side trying to queue up those ated with the programs. The Congres- budget matter here is not a reflection amendments. Perhaps during this vote sional Budget Office estimates that the of the substance of his amendment. he and I can talk. I think there was costs this year will top $1 billion and We talked privately about this issue, confusion about where there are some will cost another $5.7 billion from 2010 but I wanted to say so publicly as well, roadblocks. Let’s talk during the vote. to 2014 to expand the program from the and that as chairman of the committee Mr. ENSIGN. I appreciate that. current 75,000 participants to 200,000 of jurisdiction, we will move as quickly The PRESIDING OFFICER. The Sen- participants by 2014. as we possibly can to deal with this and ator from Tennessee. There is ample reason to conclude related matters. Mr. CORKER. Mr. President, I won- that these programs are not worth an- Again, I wish my colleagues to know der if I may have permission to ask the other $5.7 billion. I realize we have got- that as well, but that is the rationale Senator from Connecticut a question. ten to the point where $1 billion does behind this particular moment. Mr. President, I stepped in after the not mean what it once did. But S. 277 Again, I thank my colleague from dialogue was taking place on the floor. would saddle taxpayers with another Idaho for raising this important issue. My understanding is that the Crapo multimillion dollar bill at a time when He is a valued member of the com- amendment that actually is part of the we should be cutting back, not finding mittee and made a very worthwhile original bill—that you are very much a new ways to spend. suggestion, certainly one we will, in part of and have allowed—is going to The spirit of voluntarism is alive and my judgment, incorporate as part of come up in an expeditious manner. I well in America. I see it in my own this larger package. wonder if we have a commitment from State of Arizona. Could we agree that Mr. President, I yield the floor. the chairman, whom I respect and cer- maybe there is one area of our society The PRESIDING OFFICER. The Sen- tainly enjoy working with very much, in which we do not have to add more ator from Idaho. that it come up unattached to a cram- Government? I think volunteering to Mr. CRAPO. Mr. President, I thank down so that we don’t have the extor- help our neighbors might be a good my committee chairman, Senator tion of that issue being attached to place to start. DODD, of the Banking Committee for this. Mr. President, I suggest the absence his comments. I appreciate our work- I didn’t hear that, so I wanted to of a quorum. ing relationship and the commitment know if that was also part of the com- The PRESIDING OFFICER. The he made on not only this issue but a mitment. clerk will call the roll. number of issues of importance facing Mr. DODD. Mr. President, I appre- The legislative clerk proceeded to our financial institutions and the re- ciate my colleague from Tennessee call the roll. form we need to deal with in Congress. having very good ears in all of this. I Mr. DODD. Mr. President, I ask unan- I look forward to working with him on can’t dictate what all is going to be in- imous consent that the order for the that matter. cluded in the amendment. My col- quorum call be rescinded. I also thank Senator MIKULSKI for league, of course, is aware that there The PRESIDING OFFICER. Without her patience as we brought this issue are a number of our colleagues who are objection, it is so ordered. up on her bill. I truly do appreciate her very interested in the cram-down—as Mr. DODD. Mr. President, very brief- patience and her understanding. I un- you call it—provision dealing with the ly, I gather Senator MIKULSKI has al- derstand what the procedure is going bankruptcy law and primary resi- ready addressed this point, but I see to be and what the votes are going to dences. So I cannot give the assertion my very good friend from Idaho, Mr. be in a few minutes. I recognize that. I that a final package will or will not in- CRAPO, here as well, the author of the do realize we have a procedural issue clude that. That will largely depend on amendment. I commend him for it. I here, but we also have a very critical how these negotiations proceed. know this is going to sound awkward financial issue. That is the reason we are not pre- because there is going to be a proce- As Senator DODD has so well stated, pared today to go forward with this dural issue we are going to vote on this is an issue on which we have broad proposal, along with others as part of shortly. bipartisan agreement. I appreciate his this package. And I know there are My colleague should understand the commitment to work with us in an ex- strong feelings on both sides of that procedural differences should not re- peditious manner so that we can get question in this Chamber. So I know I flect substantive differences at this this legislation put into law as soon as have been asked to give that assertion, point. We agree with what he is trying possible. There is an urgency. It is not which I cannot give, obviously, any to achieve. There is an issue here in- an emergency yet and we have a little more than I could give an assertion volving a budget point of order, as well bit of time to deal with it, but there is that other pieces Members are inter- as a determination, I know, by the au- an urgency. I appreciate Senator ested in would be excluded or included thors of this bill—Senator MIKULSKI, DODD’s recognition of that and his will- at a moment like this. Senator KENNEDY, Senator HATCH, Sen- ingness to work with us on this issue. What I have said to my colleague— ator ENZI, the principal authors—to try Mr. President, I yield the floor. and I will repeat to my good friend

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.039 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3760 CONGRESSIONAL RECORD — SENATE March 25, 2009 from Tennessee, with whom I enjoy a There is a sufficient second. Mr. ENSIGN. I ask for the regular very good relationship—is that this is a The yeas and nays were ordered. order concerning the Baucus amend- very important matter my friend has Ms. MIKULSKI. Mr. President, what ment and I send a second-degree raised. I agree with him on the sub- is the order, a vote or a quorum? amendment to the desk. stance of it. It needs to be done expedi- The PRESIDING OFFICER. A The PRESIDING OFFICER. The tiously. It is a serious issue. There are quorum is in order if someone suggests clerk will report. others, dealing with the Federal Trade the absence of a quorum. The assistant legislative clerk read Commission and others, which need to Mr. CRAPO. Mr. President, I suggest as follows: the absence of a quorum. be a part of a package that our bank- The Senator from Nevada [Mr. ENSIGN] The PRESIDING OFFICER. The ers—particularly our community bank- proposes an amendment numbered 715 to clerk will call the roll. amendment No. 692. ers—are very interested in. The assistant legislative clerk pro- I also know there are strong feelings Mr. ENSIGN. I ask unanimous con- ceeded to call the roll. sent that reading of the amendment be about the cram-down provisions. But Mr. REID. Mr. President, I ask unan- as I have said to my colleague from dispensed with. imous consent that the order for the The PRESIDING OFFICER. Without Idaho and others, I cannot today stand quorum call be rescinded. here and dictate the outcome of a mat- objection, it is so ordered. The PRESIDING OFFICER. Without The amendment is as follows: ter on which there are strong feelings objection, it is so ordered. and opinions in this Chamber. We will (Purpose: To clarify that nonprofit organiza- The question is on agreeing to the tions assisted under the Nonprofit Capac- deal with that as we normally do, motion to waive the Budget Act in re- ity Building Program include certain crisis through the normal process, one way lation to the Crapo amendment, No. pregnancy centers, and organizations that or the other. 688. The yeas and nays have been or- serve battered women or victims of rape or At this particular moment, given the dered. incest) fact that we need to deal with this in a The clerk will call the roll. On page 2, line 20, insert before the pe- more complete fashion, there is a budg- The assistant legislative clerk called riod the following: ‘‘which shall include cri- et point of order on this matter and, the roll. sis pregnancy centers, organizations that clearly, the authors of this bill, the Mr. DURBIN. I announce that the serve battered women (including domestic pending matter, would like to move Senator from Massachusetts (Mr. KEN- violence shelters), and organizations that NEDY) is necessarily absent. serve victims of rape or incest’’. These orga- this matter without having extraneous nizations must be charities within the mean- material added to it. So for all those Mr. KYL. The following Senator is necessarily absent: the Senator from ing of the United States tax code. reasons, I will be supporting the mo- Mr. ENSIGN. Mr. President, this is a tion of the Senator from Maryland so Wyoming (Mr. ENZI). The PRESIDING OFFICER (Mr. very simple amendment. The Baucus we can move along with the matter. amendment wants to pay legal fees for But that is the answer to the question MERKLEY). Are there any other Sen- ators in the Chamber desiring to vote? some of these organizations that are of my good friend from Tennessee. The yeas and nays resulted—yeas 48, volunteer organizations. Sometimes Mr. CORKER. Mr. President, if I nays 49, as follows: these organizations have significant could have just 30 seconds, I certainly legal fees. What my amendment says thank the Senator from Connecticut [Rollcall Vote No. 110 Leg.] YEAS—48 is, even though the bill doesn’t specifi- and, again, will certainly work with cally exclude any organizations, I wish him. I might add that the strong feel- Alexander DeMint McCain Barrasso Dorgan McCaskill to make sure that several of these or- ings that are felt sort of go in this Baucus Ensign McConnell ganizations or types of organizations manner: that there is unanimous or Bennett Feingold Murkowski are able to be included and eligible for Bond Graham Nelson (NE) overwhelming support for this par- some of those legal fees. In my amend- ticular provision, and this body is very Brownback Grassley Risch Bunning Gregg Roberts ment, it points out things such as cri- divided on this other issue. So it does, Burr Hatch Sessions sis pregnancy centers, battered women Cantwell in effect, keep us from having a very Hutchison Shelby shelters, rape crisis centers, various or- good policy that is very much sup- Chambliss Inhofe Snowe Coburn Isakson Specter ganizations that are specifically geared ported from becoming law. Cochran Johanns Tester toward helping women. I wished to It is broken down by the fact we have Collins Kyl Thune make sure that somewhere down the Corker Lincoln Vitter tremendous dissension in this body—or line somebody at an administrative let me say this: a difference of opinion Cornyn Lugar Voinovich Crapo Martinez Wicker level doesn’t exclude somebody because in this body—over the cram-down they have a different political philos- issue. But that is stating the obvious, NAYS—49 Akaka Hagan Nelson (FL) ophy. We want to make sure the people and I am sure the American public un- in these organizations are included. derstands that. Bayh Harkin Pryor Begich Inouye Reed These are people, obviously, from both I yield the floor. Bennet Johnson Reid sides of the political aisle whom we The PRESIDING OFFICER. The Sen- Bingaman Kaufman Rockefeller have included in our amendment. I ator from Idaho. Boxer Kerry Sanders Brown Klobuchar urge its adoption. Mr. CRAPO. Mr. President, I ask Schumer Burris Kohl Shaheen The PRESIDING OFFICER. The Sen- unanimous consent that Senator Byrd Landrieu Stabenow ator from Maryland. Cardin Lautenberg CHAMBLISS be added as a cosponsor of Udall (CO) Carper Leahy Ms. MIKULSKI. Mr. President, we the Crapo amendment. Udall (NM) Casey Levin can appreciate this amendment and the The PRESIDING OFFICER. Without Conrad Lieberman Warner Webb thrust behind it. objection, it is so ordered. Dodd Menendez I suggest the absence of a quorum. Under the previous order, the ques- Durbin Merkley Whitehouse Feinstein Mikulski Wyden The PRESIDING OFFICER. The tion is on agreeing to amendment No. Gillibrand Murray clerk will call the roll. 688 offered by the Senator from Idaho, The assistant legislative clerk pro- NOT VOTING—2 Mr. CRAPO. ceeded to call the roll. Ms. MIKULSKI. Mr. President, I Enzi Kennedy Ms. MIKULSKI. I ask unanimous make a point of order that the pending The PRESIDING OFFICER. On this consent that the order for the quorum amendment violates section 302(f) of vote, the yeas are 48, the nays are 49. call be rescinded. the Congressional Budget Act of 1974. Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Without Mr. CRAPO. Mr. President, I move to sen and sworn not having voted in the objection, it is so ordered. waive the applicable provisions under affirmative, the motion is rejected, the Ms. MIKULSKI. Mr. President, the the Budget Act with respect to my point of order is sustained, and the Ensign amendment would make an un- amendment, and I ask for the yeas and amendment falls. necessary and divisive change to the nays. AMENDMENT NO. 715 TO AMENDMENT NO. 692 bipartisan amendment offered by Sen- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- ators BAUCUS and GRASSLEY. The Bau- sufficient second? ator from Nevada. cus-Grassley amendment would create

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.041 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3761 a nonprofit capacity building program. the request of the Senator from New Mrs. SHAHEEN. I ask unanimous It would fund a grant program to pro- Hampshire. consent that reading of the amendment vide education opportunities to small Ms. MIKULSKI. I object. be dispensed with. charities, primarily designed for those The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without in rural areas. The education opportu- tion is heard. objection, it is so ordered. nities would teach charities how to The Senator from Maryland. The amendment is as follows: manage finances and fundraise effec- Ms. MIKULSKI. Mr. President, we (Purpose: To provide that an Education tively, how to accurately file com- didn’t know the Senator had an amend- Corps may carry out activities that pro- plicated tax forms, adopt new com- ment. We need to have a copy of the vide music and arts education and engage- puter technologies or even plan a long- amendment. If we could have a copy, ment) term budget. Capacity in rural commu- we would be willing to discuss it. In section 122 (a)(1)(B) of the National and nities, such as I see in my own areas, Mr. THUNE. I would be happy to Community Service Act of 1990, as amended make it available to the distinguished by section 1302 of the bill, insert at the ap- do need help. I think the Grassley-Bau- propriate place the following: cus amendment has merit. In the Bau- manager of the bill. ‘‘(ll) providing skilled musicians and art- cus-Grassley amendment, there is no I suggest the absence of a quorum. ists to promote greater community unity limitation on the types of charities The PRESIDING OFFICER. The through the use of music and arts education that can access these training pro- clerk will call the roll. and engagement through work in low-income grams. Therefore, the amendment of The assistant legislative clerk pro- communities, and education, health care, the Senator from Nevada is unneces- ceeded to call the roll. and therapeutic settings, and other work in sary. Ms. MIKULSKI. I ask unanimous the public domain with citizens of all ages;’’. Support for the Baucus-Grassley consent that the order for the quorum Mrs. SHAHEEN. Mr. President, I ap- amendment is quite broad. The Na- call be rescinded. preciate your assistance in moving this tional Council of Nonprofits, the Inde- The PRESIDING OFFICER. Without amendment forward and certainly ap- pendent Sector, and the Alliance for objection, it is so ordered. preciate the Senator from South Da- Children and Families have voiced Ms. MIKULSKI. Mr. President, if I kota and, of course, the Senator from their strong support for this amend- may say to the Senator from South Da- Maryland for helping me move forward ment. I urge colleagues to oppose the kota, we are looking at his amendment with this amendment. Ensign amendment. to see if there is something we can ac- I bring this amendment forward on I wish to also comment on his desire commodate. Would it be agreeable to behalf of my colleague from New to include crisis pregnancy centers. him if the Senator from New Hamp- Hampshire, Senator GREGG, and my- That is a broad definition. I am not shire offered a bipartisan amendment self. The Shaheen-Gregg amendment sure what he means by a crisis preg- that she and the other Senator from would simply add to the menu of ac- nancy center. There are those that are New Hampshire are offering? She will tivities that can be included in the ones with a particular philosophical offer it and speak briefly, under- Education Corps. It would include mu- viewpoint as compared to broad preg- standing that the Senator had sought sicians and artists to promote arts in nancy information. These centers are recognition before she did. education. That, very simply, is the already covered by language in the cur- Mr. THUNE. Let me ask through the amendment. rent bill. The amendment is not need- Chair, so the understanding would be I would also like to speak briefly to ed. There is a question about adding that the amendment of the Senator the pending legislation, S. 277, the that explicit language. I urge Members from New Hampshire would become the Serve America Act. I want to begin by not to adopt the Ensign second-degree pending amendment? commending my colleagues, Senator amendment. It is unnecessary and Ms. MIKULSKI. Yes. KENNEDY and Senator HATCH, for their unneeded and would cause quite an in- Mr. THUNE. Is there any under- leadership in working on this legisla- tense negotiation with the House when standing beyond that about amend- tion and bringing it forward and, of we go to conference. The whole idea of ments offered by Members on our side, course, Senator MIKULSKI and Senator the way we have been working so faith- mine included? ENZI for their work in making sure the fully on a bipartisan and even bi- Ms. MIKULSKI. It is a matter of ex- discussion on this bill can go forward, cameral basis is to not to have a long pediting the time. We are reviewing so hopefully we can pass this legisla- conference so we are able to move the your amendment, which is a sense of tion this week. national service bill to signing by the the Senate. We are viewing it from not This Serve America Act clearly em- President so it could be included in only a policy standpoint but with this bodies the spirit of America—a spirit this year’s appropriations. By adding arrangement of discussing issues with that calls on all of us to give back to the Ensign second degree, this would the House. It is more of a time manage- our country and to work together to result in jeopardizing the passage of ment issue than a content issue. build a nation that can continue to the bill. I ask unanimous consent that upon offer endless opportunity to genera- I urge defeat of the Ensign amend- completion of the offering of the tions to come. ment and would so recommend to my amendment by the Senator from New This bill could not come at a more colleagues. Hampshire, the Senator from South critical time in our Nation’s history. I suggest the absence of a quorum. Dakota’s amendment be pending. More and more people need help get- The PRESIDING OFFICER. The Mr. THUNE. I thank the Senator ting by in this tough economic climate, clerk will call the roll. from Maryland. I withdraw my objec- while more and more of even the most The assistant legislative clerk pro- tion. generous among us have less and less ceeded to call the roll. The PRESIDING OFFICER. The Sen- to contribute to charitable activities. Mrs. SHAHEEN. I ask unanimous ator from New Hampshire. That is what makes this legislation so consent that the order for the quorum AMENDMENT NO. 712 TO AMENDMENT NO. 687 special. It has nothing to do with sta- call be rescinded. Mrs. SHAHEEN. I ask unanimous tus, with background, with privilege or The PRESIDING OFFICER. Without consent to set aside the pending circumstance. Every American is equal objection, it is so ordered. amendment so amendment No. 712 can in their ability to give of themselves Mrs. SHAHEEN. I ask unanimous be called up for consideration. and their time. As Martin Luther King consent to set aside the pending The PRESIDING OFFICER. Without said so eloquently: Every American can amendment so my amendment No. 712 objection, it is so ordered. be great because every American can can be called up for consideration. The clerk will report. serve—to paraphrase what he said a lit- The PRESIDING OFFICER. Is there The assistant legislative clerk read tle bit. The Serve America Act encour- objection? as follows: ages voluntarism at every stage of Mr. THUNE. Reserving the right to The Senator from New Hampshire [Mrs. life—from students, to full-time work- object, I would also ask, as part of that SHAHEEN], for herself and Mr. GREGG, pro- ers, to senior citizens. agreement, that I have an amendment poses an amendment numbered 712 to amend- Throughout American history, the that also be made pending as part of ment No. 687. compassion of our people has gotten us

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.045 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3762 CONGRESSIONAL RECORD — SENATE March 25, 2009 through the most difficult of times. There are kids in our neighborhoods that this kind of approach can really help That spirit exists today in commu- need help, and it’s our job to help them. school attendance, help with behavior nities across America, and the Serve There could not be a better testa- problems in schools, and also unlock a America Act taps into the strong de- ment to the ripple effect programs such talent in a child. sire of Americans to do their part to as City Year that are supported in this If a child grows up, as I see in Balti- help our country recover and prosper. legislation have in our communities. more in that show called ‘‘The Wire’’— No deed is too small. While the aver- I have long been an advocate for na- where neighborhoods that are so drug age American may not be able to save tional service because I have seen the saturated that there is constant police struggling banks from financial crisis, power of these volunteers—power not activity, and the informants become they can help a family to weatherize only to help those in need but to em- the wire—the children of those commu- their home so they can save money on power citizens and strengthen commu- nities are so terribly disadvantaged. their heating or cooling bills. They can nities. There is no question that the The teachers work under such Spartan mentor a child so that child can reach Serve America Act expands opportuni- circumstances that AmeriCorps being his or her greatest potential, so they ties for all Americans to become in- able to come in could change lives— can hopefully go to college and com- volved in service in a wide range of could actually change lives. pete in this global economy. areas of need. The Shaheen-Gregg amendment is an The Serve America Act will usher in Today, this amendment I offer will excellent concept to add to our Edu- a new era of service and civic engage- further extend the work of the service cation Corps. We, under normal cir- ment in our country, where we can corps by offering opportunities for cumstances, would accept it, but we solve our most difficult social chal- skilled musicians and artists to expand understand a vote will be required. But lenges by using entrepreneurial spirit educational opportunity, promote when they call my name, I am going to to bring about social change. It will greater community unity, and bridge be in the ‘‘aye’’ column. build upon great success stories in vol- cultural divides through the use of Mr. President, I yield the floor. untarism, such as AmeriCorps, by in- music and arts engagement. I suggest the absence of a quorum. creasing the numbers of volunteers in- The Serve America Act is so impor- The PRESIDING OFFICER. The volved in volunteer programs nation- tant to those in New Hampshire and clerk will call the roll. wide from 75,000 to 250,000. across the country. I am very pleased The bill clerk proceeded to call the It also creates several new volunteer and honored to join with Senators KEN- roll. organizations with missions in specific NEDY, and HATCH, and MIKULSKI, to co- Mr. THUNE. Mr. President, I ask areas of national deed, including a sponsor such an important piece of leg- unanimous consent that the order for Clean Energy Corps. While Congress islation that invests in new, innovative the quorum call be rescinded. works to position America as a leader solutions to our Nation’s most per- The PRESIDING OFFICER. Without in clean energy and energy efficiency, sistent social problems, and I urge my objection, it is so ordered. this group of volunteers will enhance colleagues to join me in support of the AMENDMENT NO. 716 TO AMENDMENT NO. 687 our efforts by encouraging efficiency Serve America Act. I hope they will and conservation measures in commu- Mr. THUNE. Mr. President, I ask also support the amendment Senator nities and neighborhoods. It is an idea unanimous consent that the amend- GREGG and I are offering. that makes so much sense. In New ment I have at the desk be called up Mr. President, I yield the floor. and made pending. Hampshire, I know volunteers stand The PRESIDING OFFICER. The Sen- ready, for example, to make homes The PRESIDING OFFICER. Is there ator from Maryland. objection to setting aside the pending more energy efficient, or work to pre- Ms. MIKULSKI. Mr. President, I serve our State’s many parks, trails, amendment? thank the Senator from New Hamp- Without objection, it is so ordered. and rivers for future generations to shire, along with her colleague, the enjoy. The clerk will report the amendment. senior Senator, Mr. GREGG, for offering As Governor of New Hampshire, I saw The bill clerk read as follows: this amendment. It does make sure firsthand the difference that programs The Senator from South Dakota [Mr. that service programs in the Education such as AmeriCorps and other volun- THUNE] proposes an amendment numbered Corps are also allowed to incorporate teer programs can make. Plus Time 716 to amendment No. 687. New Hampshire is one of those pro- art and music. We in the committee on Mr. THUNE. Mr. President, I ask grams. It provides afterschool help to both sides of the aisle support this. We unanimous consent that reading of the vulnerable students who would other- support it both for content reasons and amendment be dispensed with. wise go home to empty houses. And process reasons. The PRESIDING OFFICER (Mr. New Hampshire’s City Year program In the area of process, what the UDALL of Colorado). Without objection, has been successful in decreasing the Shaheen-Gregg amendment does is ac- it is so ordered. high school dropout rate. tually incorporate art and music as eli- The amendment is as follows: I just point out that City Year was gible for funding, as do our colleagues (Purpose: To express the sense of the Senate started by a New Hampshire native, in the House. So it puts it in symmetry regarding the Federal income tax deduc- Alan Khazei, who, with some of his with the House. This is what we like. It tion for charitable giving) friends from Harvard, was able to start is when we are out of symmetry with At the appropriate place, insert the fol- a wonderful program that has now ex- the House that we do not like it. This lowing: panded across the country. makes it a high note for art and music. SEC. —. SENSE OF THE SENATE. One young volunteer in New Hamp- Second, we know that for many of (a) FINDINGS.—The Senate finds the fol- shire for City Year, Jennifer Foshey, our boys and girls, the involvement in lowing: volunteered at Hampton Academy art and/or music can have a profound (1) President John F. Kennedy said, ‘‘The through the City Year program. During impact on, No. 1, school attendance— raising of extraordinarily large sums of they really want to come to school to money, given voluntarily and freely by mil- her year of service, she worked with lions of our fellow Americans, is a unique sixth grade boys who were struggling follow their passion; No. 2, it also American tradition . . . Philanthropy, char- academically and failing most of their seems to have a particularly positive ity, giving voluntarily and freely . . . call it classes. Jennifer provided one-on-one effect in the area of behavior for spe- what you like, but it is truly a jewel of an academic support, individual men- cial education children. Special edu- American tradition’’. toring, and encouraged these students cation children seem to have a real af- (2) Americans gave more than to get involved in extracurricular ac- finity in engaging in music and art ac- $300,000,000,000 to charitable causes in 2007, tivities. tivity and often by the enrollment in an amount equal to roughly 2 percent of the Because of her hard work, the boys’ those activities. gross domestic product. What we see in our public schools is (3) The vast majority of those donations, grades improved dramatically, and one roughly 75 percent or $229,000,000,000, came of them joined the community service that art and music programs have been from individuals. afterschool club Jennifer ran. He was the first on the budget block when it (4) Studies have shown that Americans later quoted in the school paper as say- comes to the reduction of funds. Hav- give far more to charity than the people of ing: ing talented young people come in with any other industrialized nation—more than

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Particularly in a time when many treatment that we have for charitable (5) 7 out of 10 American households donate charities are already struggling on ac- to charities to support a wide range of reli- giving, particularly in a time when the gious, educational, cultural, health care, and count of the economic downturn, these economy is struggling and many peo- environmental goals. entities do not need a change in the ple, many organizations that rely on (6) These charities provide innumerable Tax Code that would further discour- that type of giving, are struggling to valuable public services to society’s most age charitable giving. These organiza- make ends meet. vulnerable citizens during difficult economic tions that educate our children, care I ask that my colleagues, as they times. for the sick and the poor, and facilitate consider this particular issue, in light (7) Congress has provided incentives religious opportunities should not have of the underlying bill that does make through the Internal Revenue Code of 1986 to to pay the price for additional spending available new monies for government encourage charitable giving by allowing in- dividuals to deduct income given to tax-ex- on new Federal programs, as is pro- programs, also give consideration to all empt charities. posed in the administration’s budget. of those charitable organizations out (8) 41,000,000 American households, consti- Over the past several days, this pro- there and all of those individuals tuting 86 percent of taxpayers who itemize posal has been criticized by Repub- across this country who, out of the deductions, took advantage of this deduction licans and Democrats, large companies goodness of their hearts, have contrib- to give to the charities of their choice. and small companies, universities and uted mightily to make the good causes (b) SENSE OF THE SENATE.—It is the sense churches, constituents and charities of that are served by these charities move of the Senate that Congress should preserve all shapes and sizes. Therefore, I have the full income tax deduction for charitable forward. contributions through the Internal Revenue offered an amendment to H.R. 1388, the Mr. President, I yield the floor. Code of 1986 and look for additional ways to national service bill, which is before The PRESIDING OFFICER. The Sen- encourage charitable giving rather than to the Senate right now, which would ex- ator from Maryland. discourage it. press the ‘‘sense of the Senate that Ms. MIKULSKI. Mr. President, if I Mr. THUNE. Mr. President, President Congress should preserve the full in- could comment on the Thune amend- John F. Kennedy said: come tax deduction for charitable con- ment, it is a sense of the Senate that Congress and Federal law should con- The raising of extraordinarily large sums tributions through the Internal Rev- of money, given voluntarily and freely by enue Code of 1986 and look for addi- tinue the current tax deduction rate of millions of our fellow Americans, is a unique tional ways to encourage charitable 35 percent, and we understand the American tradition. . . . Philanthropy, char- giving rather than to discourage it.’’ thrust of the argument behind the Sen- ity, giving voluntarily and freely . . . call it Americans have a proud tradition of ator’s sense of the Senate. I wish to what you like, but it is truly a jewel of an voluntarily giving to those who are in comment both on process and on con- American tradition. need. Even in these tough economic tent. This is a Finance Committee and In 2007, Americans gave more than times, when there is great temptation a Budget Committee matter; this is not $300 billion to charitable causes, an to save any earned income for better a national service matter, though I can amount equal to roughly 2 percent of days, families and individuals continue see why the Senator would say that, the gross domestic product. The vast to support our charities. I believe Con- because the uniqueness of America is majority of those donations, roughly 75 gress should continue to support those that we have always had these great percent, or about $229 billion, came who voluntarily make that sacrifice, public-private partnerships. In fact, so from individuals who willingly gave and I hope my colleagues will, when many of the AmeriCorps volunteers their hard-earned dollars for causes this amendment comes up for a vote, will work exactly in the nonprofits greater than their own. support it. that benefit from the charitable giving. Studies have shown that Americans I also point out that a Washington- Boys and Girls Clubs would be an ex- give far more to charity than the peo- based coalition of 600 different non- ample of that type of work. ple of any other industrialized nation. profit groups opposes this measure and Now, the budget will be on the floor In fact, relative to the size of our econ- has characterized it as a further dis- of the Senate next week. Why is that omy, Americans gave more than twice incentive to giving in challenging eco- not the right place for the Senator to as much as the citizens of Great Brit- nomic times. It is hard enough, with offer his amendment, not only as to the ain and 10 times more than the citizens the economy being in the condition it sense of the Senate, but to actually of France. is these days, people and charitable or- make a change? The President has re- We should be proud of this tradition. ganizations trying to rely heavily on cently proposed to limit the tax bene- Congress should continue to support volunteers and voluntary giving to fits of itemized deductions for those in the 70 percent of all American house- make ends meet, but it makes it even the top two income brackets—to limit holds that donate to charities to sup- more complicated when we put policies it to 28 percent. So in the President’s port a wide range of religious, edu- in place that discourage that. budget we will be considering, there is cational, cultural, health care, and en- I wouldn’t suggest for a minute that the change in tax deduction rates from vironmental goals. These charities pro- anybody who makes a contribution to 35 percent to 28 percent. Next week is vide invaluable public service to soci- a charitable organization does that be- the right time for not only a sense of ety’s most vulnerable citizens during cause of the tax treatment only, but I the Senate but actually direct action. I difficult economic times. In many do believe there is an interaction be- actually hope that the Senator from cases, these services go above and be- tween our tax policy and charitable South Dakota would consider with- yond what any conceivable Govern- giving, and that it definitely affects drawing his amendment and dealing ment program could provide. the amount of those gifts. So rather with it on the budget when the budget For years, Congress has provided in- than dialing back the tax treatment we is before us next week. centives through the Internal Revenue provide to those who make charitable We believe that the President’s pro- Code to encourage charitable giving by contributions, in my view, we ought to posal would retain a generous benefit. allowing individuals to deduct income be encouraging more of that. Certainly There still would be a tax deduction given to tax-exempt charities. Over the administration’s proposal, which equal to 28 cents on the dollar for every time, 41 million American households would take away the favorable tax dollar contributed to charity. Less have taken advantage of this deduction treatment for those above certain in- than 10 percent of the taxpayers who to give to the charities of their choice. come categories, is going to cost those do claim a charitable deduction are in Unfortunately for these generous organizations who rely heavily upon that 35-percent category the Senator families and individuals, President charitable giving an enormous amount from South Dakota has outlined. We Obama and his administration have of additional dollars they would re- believe these taxpayers, fortunate proposed, as part of their budget out- ceive. enough to be doing well, and who also line, reducing the allowable deduction I hope my colleagues would find their wish to do good, will continue to give, for charitable giving. According to one way to support my amendment and ex- even if it is at a 28-percent rate.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.022 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3764 CONGRESSIONAL RECORD — SENATE March 25, 2009 I could debate the substance, but I The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. would prefer that the substantive de- ator from Louisiana. The clerk will report the amendment. bate come from the Budget Committee AMENDMENT NO. 717 TO AMENDMENT NO. 687 The bill clerk read as follows: members and the Finance Committee Ms. LANDRIEU. Mr. President, I so The Senator from Louisiana [Ms. members who have poored over this. No appreciate the Senator from Maryland LANDRIEU] proposes an amendment No. 717 to one on either side of the aisle wants to for managing this important bill and amendment No. 687. limit charitable giving or penalize peo- the Senator from Utah, both of whom Ms. LANDRIEU. Mr. President, I ask ple for giving. We understand that this have done an excellent job, along with unanimous consent that the reading of is exactly what we need during these Senator KENNEDY’s guidance and sup- the amendment be dispensed with. tough times. I believe this amendment port during the times he could be with The PRESIDING OFFICER. Without should be debated and voted on in the us to move this bill, because it has objection, it is so ordered. budget bill, but if it is going to be here, been a great work of many Members of The amendment is as follows: again, I will have to oppose it, not nec- this body, both Democrats and Repub- (Purpose: To add a foster care program to essarily on substantive grounds, licans. Of course, Senator ENZI has also the national service corps programs) though. I will support the President’s been a great leader in this effort. It is On page 92, strike line 1 and insert the fol- budget. such a timely and important subject as lowing: We are proud of the tradition we have Americans are searching amidst all of ‘‘(H) A program that seeks to expand the with giving. We should encourage peo- the difficulties faced in the economic number of mentors for youth in foster care ple to keep on giving. One of the ways through— climate and uncertainty on the inter- ‘‘(i) the provision of direct academic men- we do that is through an itemized de- national front. toring services for youth in foster care; duction for charitable giving. I think Americans are realizing the impor- ‘‘(ii) the provision of supportive services to both sides of the aisle agree on that. tance of loved ones and family. They mentoring service organizations that di- We very much support the idea of an are realizing the importance of the rectly provide mentoring to youth in foster itemized deduction for charitable giv- community that is around them. For care, including providing training of mentors ing. Both sides of the aisle agree on better or worse, even though we are a in child development, domestic violence, fos- that. Certainly I do. But what the Sen- great travel destination—and I do want ter care, confidentiality requirements, and ator’s amendment misses is that all to encourage people to continue trav- other matters related to working with youth Americans give, all Americans who eling as they can, particularly to in foster care; or places such as New Orleans and Lou- ‘‘(iii) supporting foster care mentoring itemize deductions as well as Ameri- partnerships, including statewide and local cans who don’t. In fact, CRS says that isiana that see a number of visitors—I mentoring partnerships that strengthen di- only 30 percent of taxpayers claim a de- think Americans are turning a little rect service mentoring programs. duction for charitable giving. Yet we bit more inward and want to spend ‘‘(I) Such other national service programs know that many more than 30 percent more time with their families and right Ms. LANDRIEU. Mr. President, I of taxpayers give to charity. In fact, at home in their communities. wish to take a minute to explain the the independent sector the Senator has So this bill is timely because it basi- amendment. I understand both Sen- quoted has a study that indicates 89 cally calls America to come together, ators managing have looked at this and percent of households in America give and it recognizes that some of our both their staffs have looked at it as in some charitable way. Isn’t that won- greatest assets are not just our well. It is a slight change to the men- money—which is fleeting, as we can derful. I mean isn’t that fantastic. So toring portion of this bill dealing with tell these days. I remember my father many taxpayers make charitable con- children at risk. tributions, even though they are not used to tell me when I was growing up, If you think of America having 300 getting a tax benefit at all. he said: The easiest thing for me to million people, about a third of those So to place the national service bill give you, sweetheart, is a $20 bill, even would be children. So we have about in one more quagmires with the though we didn’t have a lot of them 100 million children in America, I guess floating around the house, but the House—because when we send this between the ages of zero and 18 or 21. hardest thing for me to give you is my over, it means that national service That is a lot of kids to care for. We as time. That is what this bill calls for. will not only be conferenced by our a nation are trying to do our best as in- This bill calls for us to give our time counterpart in the Education and dividual parents and families and com- and our talents. God has given us all an Labor Committee, but it is going to munities. However, there is a special equal amount; we all get 24 hours in a have to go to the Finance Committee— group of children—and I am going to day. A life is made by how people spend excuse me, their Ways and Means Com- take a minute more—there is a special mittee. Once again, because of a sense that time, either serving themselves, group of children who are actually our of the Senate, we are going to be put in worshiping idol gods, or spending their children. All of these 100 million are a quagmire, when the Senator wants to time on the things that matter. ours theoretically. But definitely—and deal with the policy of 35 percent I think this bill has such significance not in theory, but in actuality there versus 28 percent, and he would have for us as a Nation now as we think are 500,000 children—as the Senator that opportunity on the budget debate. about how to revitalize our service pro- I disagree with this amendment not grams, update them, modernize them, from Maryland knows very well be- only because it is bad policy, but it is particularly in light of the fact that we cause her career started as the only so- absolutely the wrong place to bring have so many healthy seniors, men and cial worker, I think, in this body— this up. I am going to oppose this sense women who have achieved unimagi- 500,000 children who are in foster care of the Senate and I encourage the Sen- nable success, different than many gen- actually are children of the govern- ator from South Dakota, who has many erations in the past. They find them- ment, of the State, of our national and excellent points to be made, that he selves at a great point in their life, in State governments. We are primarily bring it up on the budget bill. their late sixties or early seventies, responsible as a government for their So I oppose the amendment based on very healthy, or even mid fifties. They care, their welfare, and their edu- process as well as on substantive are retiring and want to serve. So I cation. grounds. think this is an excellent bill. So my amendment is quite simple. It Mr. President, before I yield the Mr. President, I come to the floor adds a provision for a mentoring pro- floor, I note that the Senator from Or- only to again congratulate the leaders gram for this special group of children, egon is standing. May I inquire what and offer an amendment that gives a foster children who sometimes spend a the purpose of his statement will be— slight twist to a piece of this that I few years there—sometimes a long because the Senator from Louisiana think is very important. I know a lot time, unfortunately. Despite our great has been waiting to offer an amend- of great work has gone on. The amend- efforts to make foster care temporary, ment. Did the Senator wish to speak on ment I wish to call up is amendment we know there are barriers for reunifi- the Thune amendment? No. 717. cation or adoption. We are trying to Mr. MERKLEY. No. I am going to re- The PRESIDING OFFICER. Is there work through those barriers. But we turn to morning business, so I will objection to setting aside the pending have some extraordinary, I say to my defer. amendment? colleagues Senator HATCH and Senator

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But not elementary and high schools who have worked for Associated Catholic Char- so with your home. The family home mentors of their same age. We have al- ities. I was a foster care worker, so I is, for most families, the biggest nest ways had grandparent mentoring, and know this up close and personal. I was egg they will build in their lifetime. that is very effective, where seniors are also a home worker, so I know it per- At a minimum, owning a home—with mentoring children. But, as you know, sonally. a fair mortgage—locks in and caps if you have teenagers, as I do, some- When I was in my twenties, I often your monthly housing expenses. That times teenagers don’t like to listen to worked with children being cared for is a great deal compared to renting, adults. But teenagers will listen to by nuns in group homes. The nuns where rents go up and up over the their peers. themselves were in their forties, fifties, years. or older. They were sweet, caring, and This is a great opportunity to have In addition, your monthly payments compassionate. We could not do it mentors from colleges and high schools steadily pay off your mortgage, you without them. But those young coming to mentor our children who are own an increasing share of your home, preteens and adolescents needed dif- in foster care. I will submit for the and the bank owns less. ferent kinds of help. RECORD—because my colleague is going You can look down the road and see to speak—some exciting results. I organized women I graduated with at my Catholic college, and we did the possibility of owning your home I ask unanimous consent that a list free and clear before you retire, mak- of these results be printed in the hair-dos and curlers and lipstick with them and the kinds of things young ing it possible to get by decently in RECORD. girls needed to do. I was once in that your golden years. To make the deal There being no objection, the mate- even better, your home appreciates in rial was ordered to be printed in the age group myself. But those preteen girls were transitioning to womanhood. value. The home you bought for $80,000 RECORD, as follows: My classmates and I helped them, and in 1980 might be worth $250,000 in 2010. 98 percent of the foster children in this it increased their interest in school, In many cases, it might be that appre- program have stayed in school. their interest in working with the sis- ciation, that growing home equity, There has been a 50 percent drop in teen that enables you to travel a bit during pregnancy among the foster youth. ters. When those girls were ready to There has been a 1.7 year increase in aca- leave the group home, either to go out retirement, or that enables your son or demic progress per year. into the world or to return to their par- daughter to afford to go to college. 50 percent increase in turning in assign- ents, they were in a better place be- So homeownership really is a mag- ments and homework. cause of the nuns and their loving care ical part of the American dream—open- 100 percent in taking state standardized and the work of Catholic Charities, and ing the door to our aspirations and tests. because of what the volunteers did. building our financial fortunes. Thus, The program is now testing the students I think what the Senator is offering you would expect that our leaders every 8 weeks to measure achievement. In about 80 percent of the cases, there has is going to make a difference. I look would do all they could to protect and been evidence of increase in grades within forward, when we have the vote, to sup- advance homeownership. the first 8 months. porting it. Unfortunately, however, I am here Our colleague from Oregon has been Ms. LANDRIEU. Mr. President, that today to say that we really haven’t waiting to offer a very compelling is basically the substance of my done such a good job. In fact, all too speech, which I eagerly await to hear. amendment. It doesn’t add a special often this past decade, we have allowed I yield the floor. the great American dream of homeown- corps, but it is an amendment that The PRESIDING OFFICER. The Sen- says when we care for children in need, ership, to turn into the great American ator from Oregon is recognized. nightmare. We can and must do better. let’s look especially at foster care chil- Mr. MERKLEY. Mr. President, I ask What has gone wrong? In short, al- dren and promote those kinds of unanimous consent to speak as in most everything. mentorship programs that we know morning business. work and that can make a difference. The PRESIDING OFFICER. Without Most fundamentally, we have abused Of all the children in America, I say objection, it is so ordered. one of the most amazing inventions, one of the most powerful wealth build- to the Senator from Maryland, these DEFENSE OF THE AMERICAN HOME children really need our focus, our at- Mr. MERKLEY. Mr. President, I rise ing tools, we have ever seen: The fully tention, our love and our support. I un- today to call on my colleagues, and in- amortizing mortgage. derstand this amendment can be taken deed upon all Americans, to rally to Let’s turn the clock back 77 years to up at any time that is appropriate for the defense of the American home. the Great Depression. Before 1932, the managers. Sometime soon, within the next few house loans were normally 50 percent The PRESIDING OFFICER. The Sen- weeks, this esteemed Chamber will be loan to value with 3- to 5-year balloon ator from Maryland is recognized. taking up this issue. So this seems to payments. This worked fine as long as Ms. MIKULSKI. Mr. President, this is be an appropriate time to reflect on a family could get a new loan at the not only a good amendment, it is a fan- how to improve our policies for pro- end of 3 to 5 years to replace the old tastic amendment. I really compliment moting homeownership. loan. With the crash of our banking the Senator from Louisiana not only There is nothing that characterizes system in 1929, however, replacement for the amendment but for her stead- the American dream better than own- loans were no longer available. Thus, fast commitment to children in foster ing your own home. The homeowner is as balloon payments came due, mil- care, and also children in need of adop- the king—or queen—of his or her cas- lions of families lost their homes. tion—not only the cute, cuddly infants tle. You decorate and remodel it to suit The solution was the fully amortized but the older children and the children your own taste and style. You are your mortgage, which eliminated the chal- who are handicapped. The Senator has own landlord; no one can tell you what lenge of replacing one’s mortgage also been a leader in the international you can or can’t do. You fence the yard every 3 to 5 years, thereby insulating field, working on a bipartisan basis. so you can finally have a dog. You put families from frozen lending markets. This amendment is fantastic because in a skylight because you want more Indeed, the Roosevelt administration’s it will help more foster children get the light. You plant tiger lilies and hya- decision to help millions of families re- social and academic mentoring they cinth in the yard because they are the place their balloon loans with fully am- need. It doesn’t create a new corps. We most beautiful flowers in the world. ortized loans was a major factor in end- are going to put it under AmeriCorps You create a stable and nurturing envi- ing the Great Depression and putting and leave it to the flexibility of gov- ronment for raising your children. our national economy back on track.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.051 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3766 CONGRESSIONAL RECORD — SENATE March 25, 2009 This system of amortized mortgages An estimated 20,000 Oregon families iffs off the job during the time the worked very well for over half a cen- will lose their homes to foreclosure mortgage lending industry was becom- tury. But in recent years, we have al- this year. ing the Wild West.’’ lowed two developments that have Nationwide, an estimated 2 million The third failure was in 2004. The Se- deeply damaged the stabilizing power families will lose their homes this year curities and Exchange Commission ex- of the amortizing mortgage and helped and up to 10 million over the next 4 empted the five largest investment produce our current economic crisis. years. banks from its leverage requirements. Those two factors are tricky mortgages In every single case, the foreclosure This dramatically amplified the funds and steering payments. is a catastrophe for the family. Each available to the banks to purchase One tricky mortgage, for example, foreclosure is a shattered dream. The mortgage-backed securities, funding a was the teaser loan—sometimes called family has lost its financial nest egg. It tsunami of subprime loans. Let’s take the ‘‘2–28’’ loan. In this loan, a low in- has lost the nurturing environment the a look at a chart. troductory rate exploded to a much parents created for the children. The We see that impact in 2004, when higher rate after 2 years. In many family has lost its dream of building a subprime loans, which had been at a cases, the broker knew that the family foundation for retirement. And don’t relatively stable level, grew dramati- could never afford the higher rate, but doubt for a second the stress that this cally and suddenly. To make it worse, the broker would persuade the family catastrophe places on the parents’ mar- the Securities and Exchange Commis- that the mortgage presented little risk riage, or on the children, multiplying sion failed to regulate credit default since the family could easily refinance the damage. swaps, which became a $50 trillion in- out of the loan at a later date. This ar- The foreclosure is also a catastrophe dustry, that contributed to the appeal gument was misleading, of course, for the neighborhood, because an of mortgage-backed securities by in- since the family was locked into the empty foreclosed home can lower the suring those securities against failure. loan by a sizable prepayment penalty. value of other homes on the street by The fourth failure was in the Office Another tricky mortgage was the tri- $5,000 to $10,000. of Thrift Supervision. That office was ple-option loan, in which a family The foreclosure is, in addition, a ca- asleep at the switch. The office failed could make a month-to-month choice tastrophe for our financial system. A to halt risky lending practices that between a low payment, a medium pay- lender often loses half the value of the doomed numerous thrifts. An inspector ment, or a high payment. What many property by the time it has been pub- general’s report after the failure of families didn’t understand, however, licly auctioned. And as we now know NetBank in September of 2007 con- was that the low payment could only all too well, foreclosures undermine cluded that the Office of Thrift Super- be used for a limited period before the the value of mortgage securities and vision ignored warning signs about the family was required to make the high mortgage derivatives, damaging the bank’s risky lending. OTS continued to payment, which the family couldn’t af- balance sheets of financial institutions snooze, however, while numerous ford. in America and throughout the world thrifts failed, including IndyMac, and throwing our banking system and These tricky loans, however, would Washington Mutual, and Countrywide. global economy into chaos. The fifth failure. While Fannie Mae probably not have done much damage, That frozen lending and economic and Freddie Mac set standards limiting because their use would have been chaos, of course, further hurts our fam- their purchase of subprime mortgages, rare—except for a second major mis- ilies. Oregon’s unemployment rate has they nevertheless poured fuel on the take; namely, we allowed brokers to gone from 6 percent to 11 percent in subprime fire by investing in subprime earn huge bonus payments—unbe- just 5 months, nearly doubling the securities, thereby driving the financ- knownst to the homeowner—to steer number of Oregon families out of work, ing of the subprime market. unsuspecting homeowners into these and unemployment, in turn, drives ad- Taken together, these five cir- tricky and expensive mortgages. ditional foreclosures. cumstances composed a colossal failure These secret steering payments How did we let this happen? This fi- of regulation. Even Alan Greenspan, turned home mortgages into a scam. A asco is, first and foremost, the con- former Chair of the Fed who promi- family would go to a mortgage broker sequence of colossal regulatory failure. nently advocated that banking prac- for advice in getting the best loan. The Let me count the ways. tices should not be regulated because family would trust the broker to give First, in 1994, Congress required the Wall Street, in its own long-term inter- good advice because, quite frankly, Federal Reserve Board to prohibit est, would regulate itself, now re- they were paying the broker for that mortgage lending practices that are nounces that philosophy. advice. The payment to the broker was abusive, unfair or deceptive. That was I say to my friends and colleagues, right there, fully listed and disclosed a very good law. But for 14 years, the what a mess. Congress got it right in by law, on the estimated settlement Fed sat on its hands, failing to regulate 1994, when it asked the Fed to prohibit sheet. abusive and deceptive practices such as mortgage lending practices that were But what the borrower didn’t realize teaser loans, prepayment penalties, abusive, unfair, and deceptive. But was that the broker would earn thou- and steering payments. Congress shares the responsibility for sands of bonus dollars from the lend- Second, in 2002, after the State of not following up aggressively when the er—so called ‘‘yield-spread pre- Georgia adopted comprehensive mort- Fed failed to act on this requirement. miums’’—if the broker could convince gage reform legislation, the Comp- The result is that home ownership the homeowner to take out a tricky ex- troller of the Currency, John Hawke, has suffered and our national economy pensive mortgage rather than a plain overturned the Georgia reforms and is in deep trouble. So now is the time vanilla 30-year mortgage. banned all States from making such re- for us to honestly assess the damage This scam has had a tremendous im- forms affecting federally chartered in- and to repair the damage as best we pact. A study for the Wall Street Jour- stitutions. This action made it difficult can. It is time to end the deception and nal found that 61 percent of the for States to pass reforms covering abuse in Main Street mortgages and in subprime loans originated in 2006 went State-chartered lenders as well, since Wall Street mortgage securitization. to families who qualified for prime such action generated the powerful ar- The American dream of home owner- loans. This is simply wrong—a publicly gument that it would create an unfair ship, with all that it means for the regulated process designed to create a disadvantage for State-chartered quality of life of our families, depends relationship of trust between families banks. I can testify to this firsthand on our effective action. and brokers, but that allows payments because that is exactly what happened To repair the damage, we need to borrowers are not aware of that stick when last year, as Speaker of the Or- support aggressive efforts to enable families with expensive and destructive egon House, I worked to pass such families trapped in subprime mort- mortgages. mortgage reforms in Oregon. As a gages to negotiate modifications to It is difficult to overstate the damage former attorney of North Carolina those mortgages. President Obama and that has been done by these tricky summarized it, the Office of the Comp- his team have taken many steps in the loans and secret steering payments. troller of the Currency ‘‘took 50 sher- right direction on this issue, but we

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.034 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3767 need to monitor the progress and help Ms. MIKULSKI. Mr. President, I ask important is that we get the right per- pave the way for success. unanimous consent that the order for son in place. If mortgage modifications fail due to the quorum call be rescinded. The next Ambassador to Iraq faces a the extraordinary difficulty of con- The PRESIDING OFFICER. Without daunting array of issues, such as pre- necting borrowers to lenders in a mar- objection, it is so ordered. serving Iraq’s fragile security, the ket where the loan has been sliced and Ms. MIKULSKI. Mr. President, I drawdown of our troops, Arab-Kurdish diced into 100 pieces, we need to sup- compliment the Senator from Oregon. I tensions, oil distribution, and Iranian port the ability of bankruptcy judges understand it is his very first speech he aggression, to mention a few. to operate as an arbitrator to adjust has given on the Senate floor; is that Quite simply, the stakes could not be the terms of the loan. We grant this correct? higher for the administration to find power to judges for loans for yachts, Mr. MERKLEY. That is correct. the right person to conduct our diplo- loans for vacation homes for our more Ms. MIKULSKI. Well, how wonderful, macy in Baghdad and that region. privileged citizens. Certainly, ordinary I say to the Senator from Oregon, his In providing our advice and consent citizens should have the same recourse very first speech was important be- to the President, our duty is to ensure for a far more important possession— cause it was about home ownership and that his nominee for this most sen- the family home. how we have to make sure the Amer- sitive and complicated post will not Consider the experience of Lisa Wil- ican dream continues to be within only carry out faithfully the policies of liams, who spoke at a mortgage fore- reach for most Americans, that they the administration but also will imple- closure summit I hosted in Oregon last are able to afford a home and have the ment the laws of this country. month. Lisa spoke about the lengths to jobs that pay those wages, and that Moreover, the nominee should have a which she went to get in touch with when they go to buy a home, the rates strong track record of diplomacy, someone to help her renegotiate her are reasonable, that they are not a vic- forthrightness, professionalism, and loan. She would call and call her bank tim of a scam or scum. achievement to bolster his or her credi- and never get through or she would be I would like to say, if that is his first bility with the American people, with put on hold for more than an hour at a speech, I am looking forward to hear- the Iraqi people, and the numerous re- time or, on the rare occasion that she ing many more and working with him gional actors. And in this respect, Mr. did get through, she could not reach on access to the American dream— President, I regretfully say that I do anyone in a position of authority to home ownership, the opportunity to not believe Ambassadors Hill’s career talk with her. Five months ago, despite pursue a higher education, and to ei- in the Foreign Service reflects the her innumerable and consistent efforts, ther own a business or have a job that needs we have for this position in Iraq she lost her home. An aggressive loan pays a living wage. Senator MERKLEY is or this country. I think his record and modification program or a last resort— a welcome addition to the Senate. his actions fall short of the qualifica- and I stress ‘‘last resort’’—bankruptcy Speaking, I know, on behalf of those tions we need. I want to articulate why arbitration would have saved Lisa’s who have been here a while, that was a I believe that, and therefore I will be home and, looking forward, would save great speech, and we look forward to objecting to his nomination as we the homes of millions of other Amer- many more. move forward. ican families. The PRESIDING OFFICER. The Sen- Let me begin by saying that I do not We also need to restore the same ator from Oregon. deny that Chris Hill is an experienced guidelines to Wall Street—cap exces- Mr. MERKLEY. Mr. President, I sim- negotiator. He negotiated Bosnia in the sive leverage, regulate credit default ply thank the Senator from Maryland 1990s and then negotiated North Korea swaps, prevent the creation of firms and look forward to working with her. for some period of time. But negotia- too big to fail, end regulator shopping, I suggest the absence of a quorum. tion is only one component of diplo- and evaluate and control systemic The PRESIDING OFFICER. The macy. In addition to being able to con- risks. clerk will call the roll. verse with foreign actors, we also ex- Finally, we need to end deceptive and The legislative clerk proceeded to pect our diplomats to respect the chain abusive mortgage practices. The regu- call the roll. of command, to work closely with col- lations adopted by the Federal Reserve Mr. BROWNBACK. Mr. President, I leagues in the State Department, the last year are a decent start. It is time ask unanimous consent that the order Department of Defense, and all other for us to make sure teaser loans, triple for the quorum call be rescinded. relevant agencies, and we expect our option loans, and secret steering pay- The PRESIDING OFFICER. Without Ambassadors to respect the laws of the ments never again haunt American objection, it is so ordered. United States expressed by statute and families. Mr. BROWNBACK. Mr. President, I I say to my friends and colleagues, I through proper oversight. But in his ask unanimous consent to speak as in end this appeal as I started it. Let us role as Assistant Secretary of East morning business for up to 15 minutes. rally to the defense of the American Asia and Pacific Affairs, as well as The PRESIDING OFFICER. Without home. We will have that chance when head of the U.S. delegation to the six- objection, it is so ordered. party talks, too often Ambassador Hill we consider legislation in the near fu- The Senator from Kansas. ture addressing mortgage practices. As found that key officials and the law got NOMINATION OF CHRISTOPHER HILL we prepare to do our thoughtful best to in the way of his agenda. He found that craft mortgage and housing policy that Mr. BROWNBACK. Mr. President, I sidelining those officials and ignoring will strengthen our American families, thank my colleagues for the oppor- congressional will was expedient, if not we might do well to consider the advice tunity to speak now on a critical issue acceptable. I regret to have to say of President Franklin Roosevelt, since that is facing us. There are a number of that. Such behavior establishes a it was, indeed, Roosevelt who steered nominations coming before this body. precedent that can only hamper his ef- us out of the Nation’s last enormous We need to move forward on a lot of forts to coordinate the immensely housing crisis. these nominations and move forward complicated U.S. Government effort in Roosevelt, speaking in his April 2, aggressively. There is one I wish to Iraq, and that brings me to the focus of 1932, radio address entitled ‘‘The For- talk about with my colleagues, one my concerns and the specific dealings I gotten Man,’’ declared: about which I am deeply concerned. We had—and extensive they were—on Here should be the objective of Govern- held a hearing today on the nominee human rights in North Korea, where ment itself, to provide at least as much as- for the ambassadorship to Iraq. these troubling aspects of Chris Hill’s sistance to the little fellow as it is now giv- Christopher Hill has been nominated diplomatic conduct all come together. ing to large banks and corporations. to serve as Ambassador to Iraq. This is I have a picture next to me here that Mr. President, I suggest the absence our most important diplomatic post in is a very lamentable one from North of a quorum. that region, arguably the most impor- Korea. It is a kindergarten in North The PRESIDING OFFICER. The tant diplomatic post to the United Korea, and you can see the starving clerk will call the roll. States in the world today. While it is children who are there. This was dur- The legislative clerk proceeded to important we have an Ambassador in ing the late 1990s when there was star- call the roll. place as soon as possible, what is most vation taking place in North Korea,

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.054 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3768 CONGRESSIONAL RECORD — SENATE March 25, 2009 and the North Korean Government was watched as his mother was hanged and his he didn’t address it and he didn’t work not asking for assistance or support brother shot to death, ostensibly for trying on it. and the people were dying of starva- to escape. In a memoir, he writes of the The desperate situation has caused tion. The human rights situation is de- ‘‘lucky day’’ when he found, in a pile of cow tens of thousands of North Koreans to dung, three kernels of corn that he was able risk their lives and their families’ lives plorable in North Korea. I believe it is to wash off and eat. the worst in the world, and that is say- It’s horrifying, on another level, that only to flee across the border into China, ing something given some of the other 500 people in South Korea, where Mr. Shin seeking food, shelter, and livelihood. actors that exist. lives, have bought his book. Many Koreans But the Chinese Government blocks Let me start by reminding my col- don’t want to hear about human rights international access and aid to these leagues of all of this—the situation in abuses in the north; they’re worried that the refugees, leaving them helplessly ex- North Korea. North Korea is ruled by a Communist regime might collapse and leave posed to severe exploitation, particu- totalitarian regime rigidly controlled the more prosperous south with a costly bur- larly in the form of sex trafficking. The den of rehabilitation. And South Korea isn’t refugees also face repatriation if by a single dictator, Kim Jong Il. alone in tuning out the horrors. The United Human rights in North Korea do not States is more concerned with containing caught by Chinese authorities, which exist. The state regulates all aspects of North Korea’s nuclear ambitions. The State for most of them means automatic im- individual life, from food ration, to Department’s stunning lack of urgency was prisonment, torture, or execution once speech, to employment, to travel, and captured in a recent statement from its as- returned to North Korean officials. even to thought. Under Kim Jong Il’s sistant secretary for Asia, Christopher R. As Holocaust-survivor and Nobel lau- watch, millions of North Korean citi- Hill: ‘‘Each country, including our own, reate Elie Wiesel said, the North Ko- zens have perished from starvation, needs to improve its human rights record.’’ rean regime ‘‘. . . is responsible for one Japan is focused on Japanese citizens ab- while thousands of others have died of the most egregious human rights ducted forcibly to North Korea. China and humanitarian disasters in the during imprisonment in the regime’s doesn’t want instability across its border. extensive political system and gulags. Mr. Hill’s larger point is that the United world today.’’ I will show a picture here of the loca- States should be practical in relations with I want to quickly show two satellite tion of one of the prison camps—or a the north and not simply denounce abuses so photos showing the prison barracks of number of prison camps in Russia. I that America can feel good about itself. We two camps, one in North Korea and the have given a speech, and I have pointed support his efforts to negotiate with the re- other in Auschwitz. Now, my point is this out. Google Earth has made wit- gime. It’s worth noting, though, that last not to say these situations are the week the north yet again backtracked on a same—they are not—but, rather, that nesses of us all. Now you can see these nuclear-related agreement it had made and there are similarities, and people on Google Earth. Mr. Hill had vouched for. It will continue to North Korean defectors have testified should know this kind of evil still ex- honor such agreements, or not, based on a ists in the world today. I want people about the conditions in these camps. reading of its own interests, not on whether to look at this prison situation. This is Prisoners face torture, hard labor, star- its negotiating partners do or don’t speak one of the camps—and again, this is vation, forced abortion, infanticide, honestly. We think there’s an inverse rela- from Google Earth—one of the prison public executions, chemical and med- tionship between a regime’s trustworthiness camps in North Korea. Then I want to ical experimentation on prisoners, and on any subject and its propensity to abuse its own people. We also believe that it should hold up here as well a picture of Ausch- gas chambers. They experience deten- not be left to the lone escapee from North witz. I ask people to look at the simi- tion without judicial process, and fam- Korea’s gulag to speak out about its horror. larity of these situations and of these ily members of dissenters, including High school students in America debate settings. I know when I first saw this, children and the elderly, are also why President Franklin D. Roosevelt didn’t I thought, this is really eerie, that shipped to the gulag as part of the pol- bomb the rail lines to Hitler’s camps. Their these look alike this much. Now, I am icy of guilt by association. It is children may ask, a generation from now, why the West stared at far clearer satellite not saying these are the same situa- thought that over 400,000 people have tions. What I am saying is we continue died in the gulags over the years, and images of Kim Jong Il’s camps, and did noth- ing. to have this evil in the world. We con- currently there are 200,000 North Ko- tinue to have thousands of people rean prisoners in the gulag system. Mr. BROWNBACK. Mr. President, here is the quote I want to read from killed in a gulag system in 2009. This I want to read to you an account continues to happen in the world. from the Washington Post about the the article about Shin Dong-Hyuk: . . . his finger was cut off as punishment Mr. President, as you may recall, the only known living escapee from a Congress sought to address this horri- North Korean gulag, and Mr. President, for accidentally dropping a sewing machine in the factory of the camp where he was fying situation back in 2004 with the I ask unanimous consent to have the held. He bears scars from the torture of North Korean Human Rights Act. This full article printed in the RECORD. being, essentially, roasted over a charcoal was passed and signed into law in Octo- There being no objection, the mate- fire. When he was 14, he watched as his moth- ber of that year. The Senate even rial was ordered to be printed in the er was hanged and his brother shot to death, passed that bill by unanimous con- RECORD, as follows: ostensibly for trying to escape. In a memoir, sent—a proud day in the history of this [From the Washington Post, Dec. 15, 2008] he writes of the ‘lucky day’ when he found, body as we strengthened the moral fi- in a pile of cow dung, three kernels of corn THREE KERNELS OF CORN—THE STATE DE- that he was able to wash off and eat. bers of this Nation. The purpose of that PARTMENT HAS MORE PRESSING CONCERNS law, as defined in its introduction, was THAN A MODERN-DAY GULAG. This was from the full piece from the to promote respect for and protection We tend to think of concentration camps Washington Post that I have had print- of fundamental human rights in North as belonging in history books, but Shin ed in the RECORD. Korea; to promote a more durable hu- Here is an aerial picture of what one Dong-hyuk reminds us of the uglier truth. manitarian solution to the plight of Mr. Shin, who is 26, was born in such a camp of the camps looks like. This is camp North Korean refugees; to promote in- in North Korea and lived there until he es- 18—and you can get these off Google caped in 2005. He is, in fact, the only person creased monitoring, access, and trans- Earth—and the execution site within parency in the provision of humani- known to have made a successful escape this camp. Imagine if during World War from one of that nation’s prison camps, tarian assistance inside North Korea; which hold an estimated 150,000 to 200,000 II and the Holocaust we had these and to promote the free flow of infor- people. kinds of pictures and this sort of mation into and out of North Korea. Mr. Shin’s story, which Post reporter knowledge. Would we say we want to Let me also read aloud the very first Blaine Harden movingly recounted in an ar- really do something about this or section of title I of that act. It says ticle last week, was horrifying on a couple of would we not? I think all of us would this: counts. The casual, routine brutality of the say: Well, absolutely. We would want camps is, as the article noted, almost It is the sense of Congress that the human to be very vocal about this. We would rights of North Koreans should remain a key unfathomable. Part of Mr. Shin’s finger was want to be addressing this issue if we cut off as punishment for accidentally drop- element in future negotiations between the ping a sewing machine in the factory of the knew it took place. Well, this is hap- United States, North Korea, and other con- camp where he was held. He bears scars from pening today. It happened during Chris cerned parties in Northeast Asia. the torture of being, essentially, roasted Hill’s watch in that position, it hap- So this is a statement to the six- over a charcoal fire. When he was 14, he pened during the six-party talks, and party talks—to our negotiators—that

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.056 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3769 human rights should remain a key ele- an audible.’’ This was in testimony this Japanese Government that North ment in future negotiations. This was morning. But to others, this looks like Korea would not come off the terrorism in 2004. Mr. President, 41⁄2 years have a freelancing diplomat. When it comes list until the abduction issue that was transpired since the passage of this leg- to working in a country with neighbors central to the Japanese had been re- islation. During that time, the issue of such as Iran and Syria, the stakes are solved. But Ambassador Schieffer North Korean human rights quite sim- too high to have diplomacy run any- found out later that Chris Hill had cut ply has been subordinated, ignored, where other than by the Secretary of a deal ignoring that pledge and, with- cast aside, and indeed swept under the State and the President. out advance notice or information from carpet, in complete contradiction of We also know from a number of Ambassador Hill, had to backtrack— the law of this country and against our sources that Ambassador Hill used his our Ambassador to Japan—and try to Nation’s most basic moral obligations position to sideline key officials in the mollify our stalwart ally, Japan, whose and against the witnesses that we are administration who were charged with Government felt upset and betrayed. that it is taking place even as we see addressing the human rights situation Finally, at least one senior intel- it. in North Korea. One of these individ- ligence officer has said Ambassador In all the bluster and dealmaking uals was Jay Lefkowitz, who struggled Hill sidetracked and bypassed proce- over the past few years, our nego- during his entire tenure as Special dures designed to inform the intel- tiators have failed to exert any serious Envoy for Human Rights in North ligence community of the substance of effort to address this dire issue. In fact, Korea to gain tracks and support for his discussions with the North Koreans. the situation has only worsened, ac- his efforts among the East Asian Bu- Such conduct in the course of nego- cording to any independent bench- reau and the team led by Hill. tiations should give serious pause to mark. And the individual responsible Mr. President, I ask unanimous con- those concerned about the sensitivity of diplomacy in Iraq and in the Middle for this account during this period of sent to have printed in the RECORD a time is Ambassador Chris Hill, who, ac- letter I sent, and was sent back in an- East at this time. In addition to this undiplomatic con- cording to the Washington Post Edi- swer by Jay Lefkowitz today, where we duct with respect to his executive torial Board, displayed a ‘‘stunning asked him if was he ever invited to the branch colleagues, Ambassador Hill has lack of urgency’’ to deal with human six-party talks—ever. a disturbing track record of evasive- rights and, according to the Wash- There being no objection, the mate- ness, and I believe dishonesty, in deal- ington Times, ‘‘deliberately minimized rial was ordered to be printed in the ing with Congress. In statements made focus on the bleak human rights RECORD, as follows: record.’’ This is the nominee to be the for the record in congressional testi- U.S. SENATE, mony, Ambassador Hill made promises Ambassador to Iraq—the most impor- Washington, DC, March 25, 2009. that he did not, could not, or had no in- tant account for us, I believe, in the Mr. JAY P. LEFKOWITZ, P.C., world. Kirkland & Ellis LLP, Citigroup Center, New tention to keep. The cochair of the Congressional York, NY. Regarding the prospect of normaliza- tion with North Korea, Ambassador Human Rights Caucus, FRANK WOLF, DEAR JAY: Christopher Hill testified today agreed, stating in a recent letter to before the Senate Foreign Relations Com- Hill assured a skeptical House Foreign Hill that he is concerned with Hill’s mittee. In response to a question by Senator Affairs Committee in February 2007 Lugar, he failed to specifically address that improvement in human rights ‘‘marginalization and utter neglect of whether he invited you to participate in the human rights.’’ would be part of any deal struck with Six Party Talks to address North Korean North Koreans. But 1 year later, Am- Just 1 year ago, Chris Hill himself human rights. As you recall, in his testi- said the following, asked about the mony before the Senate Armed Service Com- bassador Hill indicated to a reporter human rights situation in North Korea: mittee on July 31, 2008, he promised to invite that normalization could proceed be- Each country, including our own, needs to you to participate in all future negotiation fore such things took place. He stated: improve its human rights record. sessions, without qualifying the nature of Obviously we have continued differences In the face of the most horrific and those sessions. with North Korea, but we can do that in the Based on my knowledge of the situation, I context of two states that have diplomatic ongoing human rights catastrophe in believe he violated his commitment. Can you relations. the world and instructed by Federal please respond to me as to whether or not On the issue of human rights last statute to address it, Ambassador Hill Christopher Hill or anyone acting on his be- year, before the Senate Armed Services instead saw fit to associate the record half invited you to the Six Party Talks sub- Committee, I asked Ambassador Hill of Kim Jong Il with that of the United sequent to July 31, 2008? whether he would invite the Special States of America. I look forward to your swift reply, and ap- Some have said that the policies im- preciate your cooperation in this matter. Envoy for Human Rights to all future plemented by Ambassador Hill were Sincerely, negotiation sessions. His answer, and I merely the articulation of the Bush ad- SAM BROWNBACK, quote it directly: U.S. Senator. ministration, but this is not the case. I I would be happy to invite him to all fu- ture negotiating sessions with North Korea. spoke several times directly with DEAR SENATOR BROWNBACK: At no point during my tenure as Special Envoy for That answer was given without quali- President Bush about North Korean Human Rights in North Korea, either before human rights. I know his passion for it fiers. or after July 31, 2008, did Chris Hill or any- Mr. President, I ask unanimous con- and his real commitment to addressing one acting on his behalf invite me to partici- sent to have the relevant portion of the issue. He proudly signed the North pate in any Six Party Talks. that committee transcript from July Korean Human Rights Act and then JAY. 31, 2008, printed in the RECORD. again its reauthorization last year. He Mr. BROWNBACK. Mr. President, There being no objection, the mate- appointed a good, qualified man in Jay this is what Mr. Lefkowitz says in his rial was ordered to be printed in the Lefkowitz as the Special Envoy for response to my letter: RECORD, as follows: North Korean Human Rights. But DEAR SENATOR BROWNBACK: At no point THE NORTH KOREAN SIX-PARTY TALKS AND somewhere between the Oval Office and during my tenure as Special Envoy for IMPLEMENTATION ACTIVITIES the six-party negotiation room, the Human Rights in North Korea, either before HEARING BEFORE THE COMMITTEE ON ARMED or after July 31, 2008, did Chris Hill or any- message got lost. On this, we have SERVICES, UNITED STATES SENATE, JULY 31, 2008 one acting on his behalf invite me to partici- strong evidence that the broken link Senator BROWNBACK. I want to, because my pate in any Six Party Talks. was Ambassador Hill. time will be narrow here: will you state that First, at his nomination hearing this This is the Special Envoy for Human the Special Envoy will be invited to all fu- very morning, Ambassador Hill admit- Rights to North Korea. ture negotiating sessions with North Korea? ted that on at least one occasion he ex- Another key official cut out of the Ambassador HILL. I would be happy to in- ceeded his instructions by meeting bi- loop by Hill was former Ambassador to vite him to all future negotiating sessions laterally with the North Korean Gov- Japan, Tom Schieffer. The Washington with North Korea. Senator BROWNBACK. Thank you. ernment. This went against the clear Post reported in 2007 that Ambassador Mr. Ambassador, you noted this earlier, public position of the President. He ex- Schieffer received assurances from the that there are political gulags and con- plained this by saying he had to ‘‘call administration that he could tell the centration camps in North Korea. Will you

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.057 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3770 CONGRESSIONAL RECORD — SENATE March 25, 2009 state that any prospect of normalization Rather, congressional hearings pro- to mention their failure to even slight- with North Korea is contingent upon the re- vide a means to reassure the American ly diminish the terror they inflict upon gime shutting down the political gulags and people that their tax dollars are being the North Korean people. concentration camps? spent wisely, and their interests are We removed sanctions pursuant to Ambassador HILL. I can say to you, Sen- ator, that we will definitely raise these being preserved. the Trading with the Enemy Act, and issues as an element of the normalization In this case, we had a right to know facilitated the transfer of money to the process. I’m not in a position at my level to that the tens of millions of dollars regime that otherwise should have state to you today what the specific condi- worth of heavy fuel oil sent to Kim been confiscated by the Treasury De- tions of normalization were, but they will be Jong Il, and the other serious conces- partment under financial regulations raised as part of that and clearly, we will be sions Ambassador Hill was handing for nuclear proliferators. looking for more satisfactory answers on over, were at least going to improve We looked the other way on the role this. our national security, if not help end that the DPRK played in constructing Senator BROWNBACK. Mr. Ambassador, the a nuclear reactor in Syria, choosing in- Illinois delegation in total in a letter dated the oppression of the North Korean in 2005—noted the abduction of Reverend people. stead to plow ahead with the negotia- Kim Dong Shik, who’s a U.S. citizen, and his And in that respect, I would like to tions. wife is an Illinois resident, children U.S. citi- address the substance of Ambassador What is worse, after we gave up so zens. I’m going to enter this letter in the Hill’s deals with the North Korean re- much leverage, the DPRK is now just record. It’s from the Illinois delegation. gime. The record can be summarized by as hostile and dangerous as ever. Next They have said they would not support any stating the concessions that both sides week the regime plans on launching a normalization with North Korea until his ab- obtained through the negotiations. ballistic missile over Japan that could duction is dealt with. First, Ambassador Hill is credited reach the outskirts of the United [The information referred to follows:] with a victory in bringing the North States, a provocative act of the gravest Mr. BROWNBACK. Mr. President, I Koreans back to the table in 2005. But significance. already entered the note I received in doing so, he admits to exceeding his And to push the limits of our toler- from the Special Envoy saying he was instructions to avoid bilateral talks ance even further, on March 17, North never invited, but there is another with the regime. Korean border guards abducted two case—one I know is of great concern to Second, Hill oversaw and managed a American journalists—Laura Ling and the ranking member of the House For- complicated process that involved Rus- Euna Lee—and reports indicate that eign Affairs Committee, Ms. ROS- sia, China, South Korea, and Japan, in since their capture they have been sub- LEHTINEN—where Chris Hill told a re- addition to the U.S. and the DPRK. jected to ‘‘intense interrogation.’’ porter that he had no recollection of Neither of these gains in process pro- Taken all together, this is an unfor- receiving a letter from and had pro- vided us with concrete evidence of tunate legacy for Ambassador Hill. vided no response to the spouse of Rev. progress on denuclearization, despite Broken commitments to Congress, Kim Dong-Shik, a U.S. permanent resi- the fact that the North Koreans traded freelancing diplomacy, disregarding dent and father of a U.S. citizen, who them for substantial material gain human rights, and giving up key lever- was kidnapped in North Korea in 2000. from our side. age to the DPRK in exchange for insub- Yet a photo obtained by the media Ambassador Hill did obtain a declara- stantial gestures. showed Mr. Hill receiving this from the tion of nuclear activities from the re- Such things have harmed our na- Congresswoman herself. gime. But as noted earlier, this dec- tional security and ignored our moral On the issue of nuclear disarmament, laration was half a year overdue and so obligations, a legacy ill-suited for the Ambassador Hill also misled Congress. incomplete as to render it useless. The next Chief of Mission to Iraq. During his February 2007 testimony, declaration provided no confirmation I will conclude not with my own Hill insisted that North Korea must of the number of bombs that were words, but with the words of Rabbi disclose ‘‘all’’ of its nuclear programs, made, no admission or information on Abraham Cooper, associate dean of the and specified that ‘‘All means all, and the uranium program, and nothing on Simon Wiesenthal Center, who wrote a this means the highly enriched ura- proliferation. It was a radioactive set piece for the Korea Times last month, nium program as well.’’ of documents of dubious worth. which I will ask to be included in the But when the North Koreans’ belated Additionally, Ambassador Hill was RECORD. declaration of nuclear activity did not able to get the DPRK to implode the By exclusively pursuing the nuclear tail even mention their uranium program, cooling tower at Yongbyon. But ac- around the six-party table, we have contrib- even when there were reports that the cording to many analysts, the step was uted to the horrible suffering of the people of documents themselves that they gave mostly a symbolic gesture in that North Korea and degraded the United States’ us had traces of uranium on them, Am- long-standing commitment to fundamental North Korea is still able to run its plu- human rights. bassador Hill still insisted on reward- tonium reactor, just with more envi- Like the inmates of the Soviet Gulag or ing the North Korean regime with ronmental consequences. the Nazi concentration camps of the 1930s, delistment from the terrorism list. In exchange for these minimal gains about 200,000 to 300,000 hapless victims in On dealing with proliferation, later in process and symbolism, the conces- North Korean camps wait for help. Our si- that year before the House sub- sions we forked over were substantial. lence to these and other outrages is perhaps committee, Ambassador Hill said: Tens of millions of dollars worth of Pyongyang’s greatest victory to date. We want them to dispose of fearsome weapons— Clearly, we cannot be reaching a nuclear heavy fuel oil were shipped over to sup- they want our silence. And too often, we agreement with North Korea if at the same ply the regime with ‘‘energy assist- have acquiesced.’’ time they are proliferating. It is not accept- ance,’’ ostensibly so that it could con- Mr. President, I do not acquiesce to able. tinue to carry out its policies of bellig- this nomination. Yet only months later, Hill reached erence and oppression. I now ask unanimous consent the full just such an agreement before Congress Congress was asked to pass legisla- article by Rabbi Abraham Cooper be had a chance to answer key questions tion waiving Glenn amendment sanc- printed in the RECORD. about North Korea’s alleged nuclear tions against North Korea. These sanc- There being no objection, the mate- proliferation to Syria, taking place tions were designed to prohibit assist- rial was ordered to be printed in the during Hill’s own negotiations. ance to states that detonate illegal nu- RECORD, as follows: What all this shows is a disturbing clear weapons, and were automatically CLINTON STRIKES BLOW FOR NORTH’S HUMAN pattern by Ambassador Hill to tell triggered when DPRK tested a nuclear RIGHTS Congress one thing, and then do an- bomb in 2006. We gave them a pass on (By Rabbi Abraham Cooper) other. that. Congressional testimony is not a for- We delisted the DPRK from the list Give Hillary Clinton her due. Her first overseas foreign policy trip as secretary of mality. It is not a venue for executive of state sponsors of terror, despite state pits her against an adversary, North officials to parrot what Members of their failure to account for the Japa- Korean leader Kim Jong-il, who over the last Congress want to hear—regardless of nese abductees and U.S. permanent 16 years effectively took both the Clinton whether such parroting reflects reality. resident Reverend Kim Dong-Shik, not and Bush administrations to the cleaners.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.025 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3771 Despite profoundly different worldviews, being one of our most important allies. By vote on amendment No. 715, as modi- the United States has played pretty much allowing the abduction of a handful of its fied. the same cards at the six-party table. The citizens decades ago to dominate all policy Ms. MIKULSKI. Which is the Ensign main goal: securing a nuclear-defanged considerations when it comes to the North, North Korea. Tokyo has become irrelevant at the nuclear second-degree amendment? ‘‘Complications,’’ like human rights, were talks,’’ the statement said, implying that The PRESIDING OFFICER. That is effectively sidelined. Incredibly, some ‘‘Ko- being part of a negotiating process should correct. rean experts’’ are pushing hard for Secretary outweigh a nation’s interest in the rights of Ms. MIKULSKI. Thank you. As I un- Clinton to pursue the same approach. its own citizens. Thankfully, Hillary Clinton derstand it, the Senator from Nevada Nuclear deal, uber alles. They still imagine disagrees. does not wish to speak. that North Korea has the same objectives as Secretary Clinton’s visit to Asia is ex- Mr. ENSIGN. I yield back my time. we do: that Pyongyang wants to seek bene- tremely important. So far, she’s been mak- fits for their starving people, that it wants ing it clear that we are willing to negotiate Ms. MIKULSKI. I will comment that to advance economically, and that it pursues with North Korea, but at the same time, by the Ensign amendment would make an political objectives because of nationalistic meeting with the families of some of the unnecessary, divisive change to the bi- fervor. abductees, she is signaling that the United partisan amendment offered by Sen- And, most dangerously, some experts dis- States will no longer abandon them or our ators BAUCUS and GRASSLEY. Senators miss the regime’s missile-rattling as merely fundamental values. BAUCUS and GRASSLEY create a non- a means to attract attention and extract a Mr. BROWNBACK. I yield the floor. profit, capacity-building program that higher price when they eventually give up The PRESIDING OFFICER. The Sen- their nuclear bargaining chips. The operative would fund grant programs to provide assumption is that they, like us, ultimately ator from Maryland is recognized. technical assistance to small charities: want to succeed in achieving a negotiated Ms. MIKULSKI. Mr. President, I ask how to manage finances, accurately agreement. unanimous consent that at 5:15 p.m. file tax returns, et cetera. But in pursuit of the prize, we have ignored today, the Senate resume consider- There is no limitation in the Baucus- Pyongyang’s statements that they will never ation of the Ensign second-degree Grassley amendment on the type of compromise on military objectives and will amendment, No. 715, and that the charities that can access these training never relent on its nuclear program. amendment be modified with changes We have failed to recognize that the North opportunities. Therefore, the Senator Koreans leverage the process of negotiations at the desk and there be 2 minutes of from Nevada’s amendment is unneces- to get benefits, while using any pretext to debate equally divided and controlled sary. avoid fulfilling verifiable agreements on the in the usual form prior to a vote in re- Therefore, I move to table the Ensign issues that trouble the rest of the world. lation to the amendment; that upon amendment and ask for the yeas and If this process also degrades our alliances the use of that time, the Senate pro- nays. with Japan and South Korea and stymies the ceed to a vote in relation to the amend- advance of good relations and China, their The PRESIDING OFFICER. Is there a ment; that upon the disposition of sufficient second? true objectives—putting us and our regional amendment No. 715, as modified, the friends in a difficult position—will have been There appears to be. The question is achieved . . . again. Baucus-Grassley amendment, No. 692, on agreeing to the motion. The clerk By exclusively pursuing the nuclear tail as amended, if amended, be agreed to will call the roll. around the six-party table, we have also con- and the motion to reconsider be laid The bill clerk called the roll. tributed to the horrible suffering of the peo- upon the table, and that the Senate Mr. DURBIN. I announce that the ple of North Korea and degraded the United then resume consideration of amend- Senator from Massachusetts (Mr. KEN- States’ long-standing commitment to funda- ment No. 693 and that the amendment NEDY) is necessarily absent. mental human rights. be modified with the changes at the Like the inmates of the Soviet Gulag or Mr. KYL. The following Senator is desk; that once modified, the amend- the Nazi concentration camps of the 1930s, necessarily absent: the Senator from ment be agreed to, as modified, and the about 200,000 to 300,000 hapless victims in Wyoming (Mr. ENZI). motion to reconsider be laid upon the North Korean camps wait for help. The PRESIDING OFFICER. Are there Every day, they are forced to renounce table; that the Senate then resume any other Senators in the Chamber de- their very humanity. How else to survive consideration of amendment No. 717, siring to vote? when prison guards threaten to chop off a and that the amendment be agreed to The result was announced—yeas 56, child’s hand to force a confession from a par- and the motion to reconsider be laid nays 41, as follows: ent? upon the table, and that no amend- Why doesn’t that guard, or those who’ve [Rollcall Vote No. 111 Leg.] run gas chambers or performed experiments ments be in order to any of the amend- on political prisoners, have any reason to ments covered in this agreement prior YEAS—56 fear punishment under international law? to a vote in relation thereto. Akaka Gillibrand Murray Our silence to these and other outrages is The PRESIDING OFFICER. Without Baucus Hagan Nelson (FL) perhaps Pyongyang’s greatest victory to Bayh Harkin Pryor objection, it is so ordered. Begich Inouye date. We want them to dispose of fearsome Reed The amendment (No. 715), as modi- Bennet Johnson Reid weapons—they want our silence. fied, is as follows: Bingaman Kaufman And too often, we have acquiesced. For the Rockefeller Boxer Kerry Sanders past two years we have let Japan go it alone On page 2, line 20, insert before the period Brown Klobuchar Schumer the following: ‘‘which shall include crisis Burris Kohl in its fight to bring back citizens who were Shaheen pregnancy centers, organizations that serve Byrd Landrieu abducted by North Korea, kidnapped as they Snowe battered women (including domestic violence Cantwell Lautenberg walked the streets of their hometowns in Stabenow shelters), and organizations that serve vic- Cardin Leahy Japan. Tester tims of rape or incest’’. Carper Levin As many as 80 Japanese are estimated to Collins Lieberman Udall (CO) have been taken against their will to North Ms. MIKULSKI. Mr. President, I sug- Dodd Lincoln Udall (NM) Korea, where they are forced to train North gest the absence of a quorum. Dorgan McCaskill Warner Korean spies, enter arranged marriages and The PRESIDING OFFICER. The Durbin Menendez Webb serve other interests of the Kim Jong-il re- clerk will call the roll. Feingold Merkley Whitehouse Feinstein Mikulski Wyden gime. Kim himself admitted to 13 abduc- The bill clerk proceeded to call the tions. NAYS—41 In our eagerness to obtain that elusive roll. agreement in which we imagine North Korea Ms. MIKULSKI. Mr. President, I ask Alexander Crapo McCain Barrasso DeMint McConnell might divest itself of a bargaining chip it has unanimous consent that the order for the quorum call be rescinded. Bennett Ensign Murkowski devoted decades to develop at great expense, Bond Graham Nelson (NE) we sacrifice our own commitment to human The PRESIDING OFFICER (Mr. NEL- Brownback Grassley Risch rights. SON of Florida). Without objection, it is Bunning Gregg Roberts The logic of doing so was never stated so ordered. Burr Hatch Sessions more vapidly than in the written statement Casey Hutchison Shelby AMENDMENT NO. 715, AS MODIFIED Chambliss Inhofe of a private witness at last week’s hearing Specter Coburn Isakson Ms. MIKULSKI. What is the pending Thune before the House Foreign Affairs Committee: Cochran Johanns business? Vitter ‘‘Japan will continue to be part of the prob- Conrad Kyl lem rather than part of the solution when it The PRESIDING OFFICER. There is Corker Lugar Voinovich comes to engaging North Korea, despite now 2 minutes equally divided before a Cornyn Martinez Wicker

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.032 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3772 CONGRESSIONAL RECORD — SENATE March 25, 2009 NOT VOTING—2 day. We will come in at an early time afternoon in the Budget Committee. Enzi Kennedy on Monday to get that going. What we accomplish on the floor, we The motion was agreed to. I had a small conversation today are going to work around these votes with Senator GREGG. He has an idea of AMENDMENTS NOS. 692, 693, AS MODIFIED; AND 717 that come from the Budget Committee. The PRESIDING OFFICER. Under how many amendments the Repub- I would hope we could wrap up this bill the previous order, the following licans wish to offer. This is one of right after that briefing, which will end amendments are agreed to: Amend- those times when we have to look for- at 5 o’clock tomorrow afternoon. The PRESIDING OFFICER. The Sen- ments Nos. 692, 693, as modified, and ward to what we have next week. I send a cloture motion to the desk ator from Maryland. 717. The motions to reconsider those on the substitute amendment. Ms. MIKULSKI. Mr. President, I be- votes are considered made and tabled. lieve we can wrap up this bill. I am not The amendments (Nos. 692 and 717) The PRESIDING OFFICER. The clo- aware of many more amendments on were agreed to. ture motion having been presented The amendment (No. 693), as modi- under rule XXII, the clerk will report our side of the aisle. We will be able to fied, was agreed to, as follows: the motion. come to closure on ours, I believe, even The legislative clerk read as follows: before noon tomorrow, acknowledging On page 115, line 15, strike ‘‘1 percent’’ and insert ‘‘2 percent’’. CLOTURE MOTION what will happen in the Budget Com- On page 115, line 20, strike ‘‘$10,000,000’’ and We, the undersigned Senators, in accord- mittee. So we would like to be able to insert ‘‘$20,000,000’’. ance with the provisions of rule XXII of the move expeditiously. On page 213, after line 21, insert the fol- Standing Rules of the Senate, hereby move I would hope we would not have to be lowing: to bring to a close debate on the Mikulski in session late on Friday or on Satur- (b) AMENDMENT.—Subtitle F of title I is substitute amendment No. 687 to H.R. 1388, a day. And, in fact, I would suggest that further amended by inserting after section bill to reauthorize and reform the national Members go home to their commu- 184 the following: service laws. nities and volunteer. There is always Harry Reid, Barbara A. Mikulski, Pat- ‘‘SEC. 184A. AVAILABILITY OF ASSISTANCE. some good work to be done. This is ‘‘A reference in subtitle C, D, E, or H of rick J. Leahy, Daniel K. Akaka, John title I regarding an entity eligible to receive F. Kerry, Jeff Bingaman, Russell D. about national service. We have heard direct or indirect assistance to carry out a Feingold, Carl Levin, Jon Tester, Rob- about the good ’ol platoons all over national service program shall include a ert P. Casey, Jr., Benjamin L. Cardin, America. There are communities that non-profit organization promoting competi- Jeanne Shaheen, Roland W. Burris, need our help more than they need tive and non-competitive sporting events in- Sheldon Whitehouse, Robert Menendez, long-winded speeches on the Senate volving individuals with disabilities (includ- Kirsten E. Gillibrand, Patty Murray. floor. So let’s do some heavy lifting in ing the Special Olympics), which enhance Mr. REID. I ask unanimous consent the Senate, and let’s do some heavy the quality of life for individuals with dis- that the live quorum not be necessary. lifting in our communities. But let’s abilities.’’. The PRESIDING OFFICER. Without bring this bill to an end tomorrow The PRESIDING OFFICER. The ma- objection, it is so ordered. night. jority leader. CLOTURE MOTION I really want to thank my colleague, CLOTURE MOTION Mr. REID. I send a cloture motion to Senator HATCH, for the excellent co- Mr. REID. Mr. President, we have the desk. operation he and his staff have given made progress on this legislation. I ap- The PRESIDING OFFICER. The clo- us, along with Senator ENZI, who I preciate very much the hard work of ture motion having been presented know continues to be snowed-in in Wy- Senator MIKULSKI and appreciate the under rule XXII, the clerk will report oming. We do not want to be snowed-in cooperation we have received on this the motion. in the Senate. We have now filed clo- side of the aisle. We are going to work The legislative clerk read as follows: ture. Let’s get this bill done. through more amendments tomorrow— CLOTURE MOTION Mr. President, questions have been if, in fact, there are other amendments. We, the undersigned Senators, in accord- raised about the intent of section 1705 It is my understanding the Thune ance with the provisions of rule XXII of the giving the chief executive officer au- amendment is one we will vote on. We Standing Rules of the Senate, hereby move thority to delegate specific pro- will not do that tonight. We will do it to bring to a close debate on H.R. 1388, a bill grammatic authority to the States. In in the morning at a convenient time to reauthorize and reform the national serv- particular, strong concerns have been for everyone. I am going to file cloture ice laws. raised that corporation officials would tonight. I hope it is not necessary that Harry Reid, Barbara A. Mikulski, Pat- use this authority to eliminate the we vote to invoke cloture. We should rick J. Leahy, Daniel K. Akaka, Jeff Bingaman, Joseph I. Lieberman, Rus- State offices of the corporation and ad- not have to invoke cloture on a bill sell D. Feingold, Carl Levin, Jon Test- versely impact the operation of VISTA such as this. This is a bill that is un- er, Robert P. Casey, Jr., Benjamin L. and the Senior Corps. questionably bipartisan. We have given Cardin, Jeanne Shaheen, Roland W. The committee intends that the chief hours and hours of time for people to Burris, Sheldon Whitehouse, Robert executive officer will use this author- offer amendments, to speak on the bill, Menendez, Kirsten E. Gillibrand, Patty ity judiciously to improve the oper- speak on the amendments. As everyone Murray. ation of the all of the corporation’s knows, this is our last weekend prior Mr. REID. Mr. President, I ask unan- programs by using a consultative proc- to the Easter recess and next week is imous consent that the mandatory ess that includes all of the stake- going to be a real difficult week. They quorum be waived. holders in the affected programs. The always are when we do the budget. So The PRESIDING OFFICER. Without committee expects the corporation to it would be a good idea if we could fin- objection, it is so ordered. continue the staff from State offices at ish tomorrow so people could go back Mr. REID. Mr. President, for the an operational level that is at least to their States and do what they need knowledge of all Senators, there will be equal to the current one. to do before the difficult week we have a briefing here tomorrow, in the Vis- Mr. DORGAN. Mr. President, I rise next week. But if we can’t finish this, itor Center in the closed hearing room, today to speak on my amendment that we will have to vote for cloture and ei- dealing with Afghanistan. There is has been offered to the Serve America ther the Republicans will allow us to going to be a report come out from the Act. I would first like to thank my col- move the vote up to Thursday or we White House tomorrow. Ambassador league, Senator MURKOWSKI, for offer- will have to do it Friday morning. That Holbrooke will be here to brief all Sen- ing this amendment on my behalf. She means if people want to continue being ators. I wish we could have given ev- is a cosponsor to this amendment along difficult—and I am confident that will eryone more notice. I didn’t know with a number of my other colleagues, not be the case—then we would have to about it until 4 o’clock today. I am including Senators BINGAMAN, JOHN- finish this on Saturday. We have to fin- sorry about that. I know attendance SON, AND BARRASSO. ish this legislation before Monday. We may not be perfect because at 12 noon, My amendment will accomplish two have to start on the budget Monday. there is going to be a series of votes in things: First, it will designate a perma- There is 50 hours of statutory time. the Budget Committee. There will also nent Strategic Advisor for Native That time has to start running Mon- be a series of votes at 3:30 tomorrow American Affairs at the Corporation

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.029 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3773 for National and Community Service. volunteers to increase financial lit- of estimated GDP. That is one of the And second, it will ensure that Indian eracy in Indian communities where largest deficits in American history, Tribes remain eligible to compete for this assistance is desperately needed. but it is actually the smallest pro- national service grants. In addition, organizations who par- jected deficit in this entire budget. I want to applaud the Corporation for ticipate in the national service pro- Back in 2004, before he was the Presi- National and Community Service for grams, such as the Boys and Girls Club, dent’s Director of the Office of Manage- recognizing the need for a tribal liaison are active through these national serv- ment and Budget, current OMB Direc- over the past year. That office has ice programs in Indian Country and tor Peter Orszag wrote that repeated helped make tribal communities more they provide a much needed positive deficits of 3.5 percent or more will put aware of the opportunities that the environment where Native American this country on an ‘‘unsustainable Corporation offers. youth can go to celebrate their culture path’’ and would result in ‘‘a related Making this position permanent will and community. loss of confidence both at home and further increase tribal community in I would like to reiterate how impor- abroad.’’ He was right. But we are feel- all national service programs. In addi- tant these national service programs ing that loss of confidence among tion, the office would collect informa- are to Indian Country and thank the Americans now, much less among those tion on challenges to tribes to better Corporation for National and Commu- whom we are looking to to buy that address tribal program needs. nity Service for recognizing that im- huge debt we are creating. The amendment places the designa- portance. I urge my colleagues to sup- To put it plainly, people are worried. tion of this position under the duties of port this amendment to the Serve These are people such as Phil Perlis, the chief executive officer of the Cor- America Act. who owns a family clothing business in poration for National and Community f Tifton, GA. Phil’s family has owned Service and would greatly help to de- The Big Store for almost a century, velop and enhance programming to ad- MORNING BUSINESS and it employs approximately 20 peo- dress the unique needs of Indian tribes. Ms. MIKULSKI. Mr. President, I now ple. I know Phil and his family very The second part of this amendment ask unanimous consent that the Sen- well. Phil said this is the toughest year would ensure that tribal governments ate proceed to a period of morning he has ever had. He has been ‘‘squeezed remain eligible for nationally competi- business, with Senators permitted to in every place imaginable.’’ The days of tive grants. Existing law allows tribes speak for up to 10 minutes each. feeling comfortable about making a to compete for funds with states and The PRESIDING OFFICER. Without profit no longer exist, and he simply national nonprofit organizations. The objection, it is so ordered. hopes to be in business this time next bill as currently written would remove The Senator from Georgia. year. His confidence is shaken. And tribal eligibility to compete for these f given the business climate and the eco- grants. My amendment merely main- THE PRESIDENT’S PROPOSED nomic issues in Washington—and de- tains existing law, and acknowledges BUDGET spite his positive attitude—Phil pre- Indian tribes as eligible entities for dicted to me the other day that very these competitive grants. Mr. CHAMBLISS. Mr. President, I trying times are ahead for his store, as As my colleague from Alaska noted, rise today to speak about the Presi- well as all other small businesses many of the proposed Corps in this act dent’s proposed budget. across America. address the very issues which are most A real sense of unease is pervading He is not alone. Americans, despite critical in Indian Country. Grants the country right now, and it is not the optimism that is our birthright, al- under the activities and indicators of just the stock market or unemploy- ready feel a sense of disquiet about the the Education, Healthy Futures, Clean ment fears or the housing crisis. There direction our Nation is headed eco- Energy, Veterans and Opportunity is a genuine apprehension about where nomically. As an example, the national Corps would provide many volunteers our Nation is headed financially. savings rate has gone from zero in 2005 from tribal organizations, States, and In my travels throughout my home to 8 percent today. For the good of national nonprofits numerous opportu- State this past weekend, I had the op- their families, Americans are trying to nities to work on reservations. portunity to talk to Georgians from hold on to what they have, not throw- My hope is that the Corporation will Atlanta, to Waycross, to Blakely, to ing caution to the wind and hoping for continue to encourage the use of these Macon, and to hear what is on their a future financial miracle. For the Corps on Indian reservations though minds. One of their main concerns is good of our country, our children, and the proposed strategic adviser for Na- the budget the President has sent to our grandchildren, our Government tive American affairs in a way which the Hill and the financial hole into should do the same. will help tribal communities and indi- which it will put this country, our chil- Mr. President, I yield the floor. viduals. dren, and our grandchildren. I suggest the absence of a quorum. American Indians have the lowest They are right to be worried. The The PRESIDING OFFICER. The level of educational attainment of any independent, nonpartisan Congres- clerk will call the roll. racial or ethnic group in the United sional Budget Office released its anal- The legislative clerk proceeded to States. Only 13.3 percent of Native ysis of the President’s proposed budget call the roll. Americans have an undergraduate de- on last Friday. Its assessment is very Mr. DURBIN. Mr. President, I ask gree, compared to the national average troubling. The CBO’s estimate for the unanimous consent that the order for of 24.4 percent. Volunteers in the Edu- cost of this budget exceeds that of the the quorum call be rescinded. cation Corps who offer their time as Obama administration’s estimate by The PRESIDING OFFICER (Mr. mentors and tutors in Indian Country $2.3 trillion over a 10-year period. By BURRIS). Without objection, it is so or- could help improve these numbers for borrowing and spending so much dered. our First Americans. money, the CBO projects that the pub- f Moreover, the Health Futures Corps lic debt—the amount we have to pay could assist with volunteers for indi- back to our creditors—will grow to 82 THE BUDGET vidual American Indians who need help percent of GDP by 2019. The last time Mr. DURBIN. Mr. President, next obtaining health services or navigating that happened, America was paying off week the Senate is going to take up the health care system. The Clean En- a massive debt it incurred from fight- the budget. The budget, of course, is ergy Corps might facilitate volunteers ing in World War II. According to the one of the most important documents for Indian Country to assist with CBO, this year, 2009, the total deficit is the Congress considers each year. It is weatherization of homes on Indian res- estimated to hit $1.9 trillion. By 2018, really the blueprint for spending. At ervations. The Veterans Corps is able the CBO projects annual deficits to be the end of that debate in the Senate, to send volunteers to work with Amer- more than $1 trillion every year, and hopefully the budget will pass and the ican Indian families who have a family rising. Under the terms of this budget, same thing will happen in the House. member deployed overseas. Finally, the annual deficit, in 2013, is slated to The two Chambers will come together the Opportunities Corps could provide be $672 billion—or more than 4 percent and agree on a spending pattern for the

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.063 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3774 CONGRESSIONAL RECORD — SENATE March 25, 2009 next fiscal year, which begins October spending. And if they are not spending pital or meet with veterans today with- 1. on basic appliances and cars and things out realizing that the promise we made It is an elaborate process, a lengthy people spend money on, then, of course, to them has to be kept, and it will cost process, many times a divisive process, there is no demand for goods and serv- money. I had a hearing today where but one that is absolutely essential be- ices. Without that demand, businesses two generals spoke to us from the Air cause this budget book really reflects start contracting and shrinking, laying National Guard and the Army National who we are and where our values are. off employees, and the situation goes Guard and they talked about returning That is why we spend so much time from bad to worse. veterans and the problems they face, thinking about it and planning it. We So the President came to us and said: and we know there are many. Some have to look ahead, and not just to the I am asking for $800 billion in a recov- come home with terrible wounds from next fiscal year from October 1 of this ery and reinvestment package to try to war and have a long period of time year through September 30 of 2010 but breathe some life back into this econ- ahead of them for rehabilitation and to what the budget will mean in the omy, to create jobs and save jobs, so recovery. Some, however, come home outyears. What will it do for the fol- people will have a paycheck they will with invisible wounds, psychological lowing year? What do we anticipate spend for goods and services, which will wounds, posttraumatic stress disorder will happen? invigorate businesses across America. and the like. LTG Vaughn from the Some of it is speculation. There are That, to me, was just fundamental. I Army Guard and Reserve said that sui- great speculators, and people paid a lot took some economics courses in college cide rates are up 140 to 150 percent. The of money to speculate on what is going way back when, and we basically same thing is true with the air guard to happen to the economy, and they learned what was known as Keynesian returnees. It is an indication that we come up with different conclusions. I economics; that is, if you do not have have an obligation that needs to be was thinking the other day, when the enough aggregate demand in your met. We need to spend money to make Congressional Budget Office came out economy, you can create that demand sure these veterans get the kind of care with different projections for economic in three different ways: consumer we promised, to put them back in a po- growth: I wonder if any speculators on spending, investment, or Government sition in life where they can proceed to economic growth 2 years ago would spending. Well, we cannot get people to get a job and build a home and a family have predicted we would be where we invest because they are afraid of the and have a good future. They served us. are today. I do not think so because stock market. Consumer spending is They risked their lives for America. We there would have been a race for the down because people are worried about promised we would stand by them. exits, with people selling their stocks the future. That leaves you one option: President Obama keeps the promise in and mutual funds and liquidating as Government spending. this budget. fast as they could. We did not receive A lot of people say: Well, how can we When the Republicans on the other fair warning this was going to happen, spend money—$800 billion—Senator, side say cut spending, I wonder if we although there were some storm clouds when we have all these deficits? You will see any amendments from the Re- that really should have been heeded. are just piling up more debt for our publican side to cut President Obama’s Well, when this President came to of- kids to pay. There is truth to that, but requested increase in spending to help fice, he inherited quite a situation. We it does not tell the whole story. If we our veterans. It is one of the highlights started the year 2009 with President do not turn this recession around, if we of his budget. I don’t think they will Obama in the midst of a crisis unlike do not put people back to work and offer that amendment. They may com- any we have seen in our lifetime. As businesses back in business, then, plain about the spending level, but I the Budget Office book indicates, our sadly, the recession gets worse, the doubt if they will stand up here and say economy is in deep recession that overall deficit gets worse, and the pros- we are spending too much money on threatens to be deeper and longer than pects that those kids of yours or our veterans. any since the Great Depression 75 years grandkids will even find a job are di- The President, of course, puts money ago. minished. So our investment in the re- into education, as he should. President More than 3.5 million jobs were lost covery plan is a basic investment to Obama understands that a lot of mid- over the past 13 months, before Presi- try to create more consumer demand dle-income families are struggling to dent Obama came to office—more jobs for goods and services and get the econ- keep their kids in school. Sometimes than at any time since World War II. omy chugging forward again. they are not making as much money at Another 8.8 million Americans who The budget the President proposes, home as they used to. Some kids have want and need full-time work have had the one for the next fiscal year, for our been asked to come home from the to settle for part-time jobs. Manufac- Government that we will be debating campuses and not go back to school for turing employment has hit a 60-year next week on the floor of the Senate, is awhile until things get better. Well, low. Capital markets are virtually fro- a smart, fair, and responsible budget. that interrupted education is not good, and we want these kids, these young zen, making it difficult for businesses The President has proposed—and he de- men and women, to have a bright fu- to grow and families to borrow for a scribed it last night in his press con- ture. President Obama’s budget spends home, a car, or the college education ference—to restore fairness for middle- money in providing financial and tax expenses of their kids. Families are class families, reestablish responsi- assistance to students in school. If that struggling to pay their bills and make bility in the budgeting process, and isn’t a smart investment for our fu- their mortgage payments. Trillions of make smart investments for America’s ture, I don’t know what is. It is criti- dollars of wealth have been wiped out. future. I think we have to do all three. cally important. There is hardly anyone with a savings The Republican response to this on So to my Republican friends who say account or any kind of investment who the other side of the aisle is that the we spend too much, I guess my basic has not seen it diminished by this President’s budget just spends too answer to them is: Please show us your economy over the last year. That is much money. It taxes too much. It bor- budget. Unfortunately, what we have just a fact. rows too much. heard and what we have seen from the It is in that environment and in that The President’s increase in what we Republican side of the aisle is the same context that we discuss what to do in call nondefense discretionary spend- old politics and the same old policies— the next budget. What should the Fed- ing—that is outside of the mandatory policies that brought us into this eco- eral Government do in light of these programs such as Social Security and nomic mess, and they still cling to economic realities? Medicare and Medicaid and other pro- them. Unfortunately, they don’t reflect Well, the first thing we did for this grams, veterans programs, and defense the reality of where America is today. President was to pass a recovery and spending—all the rest of the budget is They say, of course, on the Repub- reinvestment package, the stimulus relatively small in comparison. But it lican side that the President taxes too bill. The President came to us and said: is true that the President calls for in- much—taxes too much in his budget. Here is the fundamental problem we creased spending in that area—but in Well, since 95 percent of Americans run into. People are worried. When two specifics: one, more money for vet- would receive a tax cut and any tax in- their confidence is low, they stop erans. You cannot visit a veterans hos- creases are for the richest Americans—

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.067 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3775 those at the highest level of income— with a surplus and a $5 trillion mort- State and local governments, as well as then apparently the Republicans are gage on America. At the end of 8 years, the Federal Government, have a re- complaining because those who are what did President George W. Bush and duced increase in the cost of health well off might end up paying more in the Republican administration leave care each year, it will help us balance taxes. us? The largest annual deficit in Amer- the books. President Obama is dedi- Over the last several weeks we have ican history—$1.3 trillion—and a dou- cated to doing that. It will not only be heard quite a bit about how some of bling of the national debt. In 8 years, good from a budget viewpoint, it is the wealthiest people in America are President George Bush doubled all the good from a health care viewpoint. It getting by and being compensated. I debt accumulated by America in the makes health insurance more afford- recognize that every wealthy American entire history of our Nation. able. It makes health care more afford- hasn’t contributed to the decline in our That happened on the watch of the able. It will mean that by modernizing economy, and not every wealthy Amer- Republicans who supported that Presi- and computerizing health records, we ican pulls down a hefty AIG bonus each dent’s policies. Now, this President, 65 will have a better diagnosis and we will year, but we are in this together. If we days into his Presidency, is being ac- avoid the medical errors that fre- are asking sacrifice from average cused of borrowing too much money, quently occur when information isn’t working families—and we are—is it too inheriting an economy flat on its back, gathered correctly and completely. So much to ask those making over $250,000 trying to spend money and get us mov- that investment in health care is part a year to pay a little bit more in taxes? ing forward, and the criticism from the of President Obama’s spending, spend- People making over a quarter of a mil- other side is he is going to have to bor- ing to bring us out of the recession the lion dollars a year will have to pay a row money. right way: investing in our future. little bit more under President Where was all this worry about bor- He also invests in energy. It wasn’t Obama’s budget. That is a fact. Their rowing too much when nearly all the that long ago we were captives of the taxes will go up. The complaints from Republicans voted to permanently re- oil cartels that decided how much we the other side must be about those tax peal the estate tax, a repeal which would pay for gasoline. It went up to increases, because the overwhelming would cost the American taxpayers $1 about $4.50 in the Midwest. In Illinois, majority—95 percent of American fami- trillion—$1 trillion—in order to provide where I am honored to be Senator, peo- lies—will see a tax cut, the President’s a tax break to the wealthiest three- ple were hurting. Filling a gas tank Making Work Pay tax cut. fourths of 1 percent of Americans? I was a big deal. I remember pulling my Some of my friends on the other side can tell my colleagues, many of the little Ford pickup truck into a gas sta- of the aisle seem to have no problem same Senators who were crying copious tion in Springfield to fill it up on the asking middle-class American work- tears over the thought of going into weekend and it was 60 bucks and I ers—people making $35,000 or $40,000 a debt were the first to step forward and couldn’t believe it. I had never paid 60 year—to make wage and salary conces- say, Give a tax break to the wealthiest bucks to fill up that little truck, ever. sions when they renegotiate their con- people in America and we don’t care That is what happened. For other tracts, but if you ask those on the what debt it incurs. I think their prior- folks, they had to fill up every other other side of the aisle whether people ities are wrong. day to get back and forth to work. We making over a quarter of a million dol- Where was this worry about bor- were the captives of these oil cartels, lars a year or half a million a year or rowing too much when the Bush ad- these dictators, who were draining off $1 million a year should pay a little ministration turned that Clinton sur- hundreds of billions of dollars from more in taxes, they say it goes too far, plus into the largest pile of debt this families and businesses in America for it is fundamentally unfair. I disagree Nation has ever seen? Remember Vice overpriced oil—$120 a barrel and be- with that point of view. What the President Dick Cheney’s favorite yond. President Obama wants to bring President has proposed is smart, fair, quote: ‘‘Reagan proved deficits don’t that to an end. He wants us to move to- and responsible. Ninety-five percent of matter.’’ Well, I don’t agree with that ward energy independence. Americans will see their taxes go down, view. They do matter, to our kids and He wants to invest in making certain as long as those tax cuts are paid for. our grandkids. But those who should we have green energy sources, renew- To those who say that raising taxes have been worrying about our deficits able and sustainable, right here at on anyone is a sure way to ruin the over the past 8 years turned a blind eye home. Is that a good thing for the long economy, look back to how our econ- to them. They went along with Vice term? I think it is one of the best in- omy performed in the 1990s. Most President Cheney. They said deficits vestments we can make. It is the kind Americans would gladly trade the pros- don’t count. They refused to do any- of smart investment we need in a budg- perity of that decade for today’s econ- thing, while our national debt doubled et which many of my friends on the omy. No one in America will pay more under the last Republican administra- other side of the aisle have rejected. taxes under the Obama budget than tion, and we built up enormous debts They were the first to complain about they would have paid in the 1990s under we still owe to China and Japan, OPEC, gas prices. They are obviously the last the Clinton administration. This budg- and many other nations. They refused to sign up for changing our energy et takes a fair, responsible, and tar- to act when our economy was growing economy. geted approach to the current imbal- and could have easily absorbed the nec- The third area, of course, is edu- ance in our taxes. essary change. Now, when our economy cation. I wouldn’t be here today with- Then, of course, there is the criticism is struggling and we need to spend the out it. Most of us have profited from on the Republican side that President money to move forward, these same education that has given us chances we Obama’s budget borrows too much, bor- Republicans have decided that deficits never dreamed of. President Obama can rows too much money. Well, let’s re- are bad news. They have suddenly got- tell that story personally and many flect on history for a moment. Eight ten a new brand of religion and they others can as well. His investment in years ago when President George W. want us to end the deficits they sup- education is to make sure we have bet- Bush took office, he inherited a surplus ported in the first place. They were ter teachers, better classrooms, new li- from President Clinton, a 2-year sur- wrong then and they are wrong now. If braries, laboratories, buildings that plus when we were generating more we want to turn around the economy, will service us in the 21st century. revenue than we were spending in now is the time for smart investments These are investments that will pay off Washington. It hadn’t happened in 30 that pay off over the long term. We for a long time to come as our kids get years, but it happened under a Demo- want to make sure we create jobs and the education they need to compete in cratic President. George W. Bush in- business opportunities, investing in the 21st century. herited this. At the time he came to of- things that will pay off for a long time We will hear a lot about the budget fice, the sum total of the debt of Amer- to come. The President spelled them debate next week. There will be a ton ica, from the days of George Wash- out last night. of amendments. There always have ington through the Clinton administra- We know if we invest in health care been. Everybody has their favorite tion, was about $5 trillion. President in America to reduce the cost so that issue, their favorite amendment. But George W. Bush inherited a budget individual families and businesses, when it gets down to the bottom line,

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.069 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3776 CONGRESSIONAL RECORD — SENATE March 25, 2009 the question is what that budget will The PRESIDING OFFICER. The marck Civic Center. Just in the last 24 say about who we are and what we clerk will report. hours we have seen a threat to the cap- value. President Obama has proposed a The legislative clerk read as follows: ital city—a very significant threat— budget that will make critical invest- The Senator from Illinois [Mr. DURBIN], for and that threat is described in this ments in our Nation’s highest prior- Mr. BURR, proposes amendments numbered photograph. This photograph shows ities at a time when America needs 695 and 696, as modified. what is called an ice jam. There are them more than ever. This budget The amendments are as follows: two ice jams at this point on the Mis- would provide a little bit of help to AMENDMENT NO. 695, AS MODIFIED souri River and the Knife River that hard-working families who desperately (Purpose: To provide for outreach to high flows into the Missouri River. This need it: tax cuts, as long as we pay for schools with low graduation rates) shows an ice jam. As I speak, they are them, education assistance, health On page 19, line 22, strike ‘‘identified for trying with explosives to deal with this care, and alternative energy invest- school improvement under title 1’’ and insert ice jam. There are two ice jams, and if ments. That is what this budget is all ‘‘not making adequate yearly progress for this happens in the wrong way, and one about. The budget restores fairness, re- two or more consecutive years under section ice jam gives at the wrong time, we establishes responsibility. 1111.’’ will see the entire south side of the Incidentally, we are finally going to AMENDMENT NO. 696, AS MODIFIED capital city of Bismarck, ND, with a put in this budget the real cost of Iraq (Purpose: To clarify references to high substantial amount of water. and Afghanistan. For 8 years the Re- school graduation rates) Evacuations are underway as I speak publican administration ignored it, On page 49, line 15, insert ‘‘(as defined in in portions of that city. The mayor and wouldn’t count it, said it was some section 1111(b)(2)(C)(vi) of the Elementary the Governor and others, the Corps of mystery emergency spending. We know and Secondary Education Act of 1965 (20 Engineers, virtually everyone is in- better. This budget is more honest. U.S.C. 6311(b)(2)(C)(vi)) and as clarified in ap- volved, and this is a very significant We also realize to make smart invest- plicable regulations promulgated by the De- flood threat that just really in the last partment of Education’’ after ‘‘graduation ments—and this budget will make a rate’’. 24 to 48 hours has developed as a result lasting impact on our country by im- On page 59, line 9, insert ‘‘and as clarified of significant ice jams. proving our economy, that will benefit in applicable regulations promulgated by the This is a city that has not had sub- our children and grandchildren for Department of Education before ‘‘; and’’. stantial flood threats since the dam many years to come. On page 69, line 14, insert ‘‘and as clarified was built on the Missouri River about When the time comes next week, I in applicable regulations promulgated by the 60 miles north of Bismarck, ND. But hope my colleagues will step forward, Department of Education before the semi- these ice jams have completely be part of a new era of responsibility, colon. changed the calculation and pose a se- be part of renewing America’s prom- The PRESIDING OFFICER. The rious threat to the city of Bismarck ises, promises we have made that we amendments, as modified, are agreed today. There is a great deal of work will show good stewardship in leading to, and the motions to reconsider are going on in the city. I say to all of this country out of this recession into laid upon the table. them how much we admire the work a bright day tomorrow. The amendments (Nos. 695 and 696), they are doing. They are heroes. There Mr. President, I yield the floor and as modified, were agreed to. are so many in the military and volun- suggest the absence of a quorum. f teers who are filling sandbags and The PRESIDING OFFICER. The FLOODING IN NORTH DAKOTA doing the work that is necessary to clerk will call the roll. fight that flood. The assistant legislative clerk pro- Mr. DORGAN. Mr. President, Senator The Red River Valley flood—this is ceeded to call the roll. CONRAD and I and Congressman POM- volunteers in the Fargodome filling Mr. DURBIN. Mr. President, I ask EROY, our two colleagues from Min- sandbags. As I said, several million unanimous consent that the order for nesota, Senator KLOBUCHAR and Con- have now been filled. It appears that the quorum call be rescinded. gressman PETERSON, met with Presi- this flood could very well top the esti- The PRESIDING OFFICER. Without dent Obama just a few moments ago in mates of the 1997 flood. In 1997, in the objection, it is so ordered. the Vice President’s Room behind the Red River Valley, Grand Forks, ND, a f Chamber to talk about the flood threat community, then, of about 45,000 to in our region. This is today’s NOAA 50,000 people was completely evacuated. NATIONAL SERVICE flood warning map of our country, and I rode down the streets of Grand Forks REAUTHORIZATION ACT—Continued you will see that North Dakota is en- in a boat in a community that was AMENDMENTS NOS. 691, 712, 695, AS MODIFIED, tirely green. The green represents the completely evacuated. In the middle of AND 696, AS MODIFIED flood warning areas in our country. We that flood, the center part of that Mr. DURBIN. Mr. President, notwith- have an entire State under a flood downtown city caught on fire, and we standing the pendency of H.R. 1388, I watch. had the spectacle of firefighters in the ask unanimous consent that it be in The headline in our State today is middle of a flood trying to fight a fire order for the Senate to consider the ‘‘Blizzard Blasts The State.’’ We have a in a downtown area that had been com- following amendments and that, where raging blizzard that has gone on now pletely evacuated. applicable, the amendments be modi- for the last day and a half. It has This is the Red River Valley. It is fied with the changes at the desk; that closed the interstate highways. We completely flat, as flat as a table top. the amendments be agreed to, as modi- have had up to 18 inches of snow in You can’t see a hill in any direction. fied, where applicable, and that the some areas, and then we have unbeliev- So because of unprecedented amounts motions to reconsider be laid upon the able flooding threats up and down the of moisture—snowfall and rainfall—and table en bloc: amendment No. 691 and Red River and the Red River Valley of because all of that occurred on top of amendment No. 712; that amendments North Dakota. Now we have an urgent ground that last fall, when it froze up Nos. 695 and 696 be called up for consid- flood threat that exists in Bismarck, was completely saturated, we now see, eration, and that each amendment be ND, as I speak. once again, the threat of record levels modified with the changes at the desk; I think it would probably be helpful of flooding. that the amendments, as modified, be just to show a few of the scenes. This is This is sandbagging outside of Fargo agreed to and the motions to recon- piling sandbags. They have had nearly homes in the last day or two. sider be laid upon the table en bloc. 3 million sandbags filled in a very short This is flooding in Beulah, ND. The PRESIDING OFFICER. Without period of time with college and high This is 70 to 80 miles north and west objection, it is so ordered. school students and National Guard of Bismarck, ND. The amendments (Nos. 691 and 712) and others in the Red River Valley fill- This is a feed lot in Mandan, ND. You were agreed to. ing sandbags. As I said, 3 million sand- can’t see any feed, and you can’t see a Mr. DURBIN. Mr. President, I ask bags in a very short period of time. lot. that amendments Nos. 695 and 696 be This is the North Dakota National All you can see is water. This is a reported. Guard filling sandbags inside the Bis- flooded yard in Fargo, ND. This is the

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Nearly two centuries after the mination to try to solve the problem wanted to tell my colleagues about this rebirth of Greek independence, our two with these ice jams to prevent substan- and about why I met with the Presi- nations and their citizens are bound by tial flooding in the capital city. Our dent. ever-strengthening bonds which link us thoughts and prayers are certainly f through both a shared heritage of with the folks who are there today try- democratic values and a modern align- ing to do that. 188TH ANNIVERSARY OF GREEK ment of strategic interests. In the Red River Valley—I will be INDEPENDENCE Just as there is much to celebrate in there tomorrow and, hopefully, in Bis- Mr. REID. Mr. President, I rise today the 188 years of modern Greece’s inde- marck tomorrow night—the crest is ex- to recognize Greek Independence Day. pendence, there are many challenges pected in Fargo, ND, on Saturday. Our My home state of Nevada is home to which it faces in the 21st century. On- hope is that the flood fight that is oc- one of the most vibrant Greek commu- going provocations by Turkey in the curring there goes well. Fargo has a lot nities in the United States, and I am Aegean and irredentist actions by the of experience fighting flood waters. pleased to join in celebration with my Former Yugoslav Republic of Mac- The mayor and others have done an ex- fellow Nevadans and Greek Americans edonia thwart Greece’s quest for a sta- traordinary job over the years. They all around our country on this 188th ble southeastern Europe free of past are building earthen dikes, filling sand- anniversary of the independence of centuries’ often cataclysmic territorial bags, doing all they can, in coordina- Greece. adventurism. Ankara’s continuing per- tion with FEMA, the Corps of Engi- The political and philosophical leg- secution of the Ecumenical Patri- neers, the National Weather Service, acy of ancient Greece is the very cor- archate of Constantinople—the leader the North Dakota National Guard, and nerstone upon which our great experi- of Greek Orthodox Christians around others. ment in American democracy rests, the world—and illegal occupation of I wanted to simply explain the cir- and the United States and Greece share the north of Cyprus remain an out- cumstances of why we met with the a proud history of cooperation and rageous affront not only to Hellenes President today, spoke with the Sec- friendship. Our two countries joined to- but to people everywhere who believe retary of Homeland Security yester- gether as allies in every major inter- in human rights. day, and why it is important. The national conflict throughout the 20th Therefore, on this anniversary of President, by the way, said, as Presi- century, and the valiant contribution Greek independence, let us not only dent Clinton did when Grand Fork was of the Greeks to the Allied effort in celebrate and congratulate our friends evacuated, that the point is, in these World War II in particular cannot be in Greece but also rededicate ourselves circumstances you are not alone. This understated. to strengthening the relationship that Government of ours—at the city, Today, Greek Americans join to- exists between our two great nations, State, and Federal levels—brings to a gether in celebrations both religious so as to defend its foundational prin- flood fight a substantial amount of ca- and secular, as Greek Independence ciples and ensure its vitality in the pability and expertise and people who Day coincides with the Greek Orthodox centuries to come. know what they are doing. Added to Church’s celebration of the Festival of f that, the volunteers from all over our the Annunciation. As families gather TRIBUTE TO EDWARD R. WARD to honor their Hellenic heritage with communities have done an extraor- Mr. MCCONNELL. Mr. President, I dinary job. festive parades, prominent displays of rise today to pay tribute to a member I spoke this morning to a person who the Greek flag, and preparation of tra- of our Armed Forces from my home runs what was formerly called the ditional foods, I invite my fellow State of Kentucky, 1LT Edward R. Crippled Children’s School in James- United States Senators to join me in ‘‘Eddie’’ Ward, who is being inducted town, ND, which has been called in re- congratulating the Greek Americans posthumously into the U.S. Army cent years the Ann Carlson School. who have so enriched our country with Aviation Association of America’s Disadvantaged circumstances exist for their many contributions. Order of Saint Michael. the children in that school, who, when Earlier this week, I was pleased to Established in 1900, the Order of St. a flood comes, are not as mobile as oth- support Senate Resolution 82, which Michael recognizes individuals who ers. They had to evacuate the Ann passed the Senate by unanimous con- have contributed significantly to the Carlson School yesterday. I think there sent, and recognizes the 188th anniver- promotion of Army aviation. Those se- were 60 to 70 children there who live in sary of the independence of Greece and lected have demonstrated the stand- that school. They had to be evacuated. celebrates Greek and American democ- ards of integrity and moral character, Again, these are kids with a lot of racy. The strong partnership between displayed an outstanding degree of pro- needs. They had 75 young student ath- the United States and Greece has pros- fessional competence, and served the letes show up from the high schools pered for nearly two centuries, and I U.S. Army aviation or civilian aviation and colleges, and in 4 hours they evacu- look forward to many more years of community with distinction. There are ated that school. They had to take the friendship between our countries. three levels of the Order of St. Mi- beds and all of the special equipment Ms. SNOWE. Mr. President, today chael—Bronze, Silver, and Gold. First those children need. In 4 hours, all marks a truly cherished day for the Lieutenant Ward is receiving Gold, the those young athletes did that. The fel- Greek people, Greek-Americans and for top level, which is awarded when an in- low who runs that school told me it all the friends of Greece around the dividual exhibits the highest values of was extraordinary to see how many globe. It is the 188th anniversary of the honesty and ethical character. showed up to say: Let us help you. So day in 1821 when the people of Greece Ward first enlisted in the Army in there is a lot going on. declared independence from the Otto- 1901 at the age of 19. Six years later, at I am going to travel to both the Red man Empire, signaling the beginning of the age of 25, he was assigned by the River Valley and to Bismarck. I want- the end of centuries of political, reli- signal officer of the Army to take ed my colleagues to understand the cir- gious, and cultural repression of their charge of ‘‘. . . all matters pertaining cumstances. Again, to put the first proud and ancient culture. It took a to military ballooning, air machines, chart back up, you will see that to- further 8 years of heroic struggle be- and all kindred subjects.’’ Ward be- day’s NOAA estimate of our country fore Greece secured its full independ- came the first noncommissioned officer shows that our entire State is under a ence. of the enlisted nucleus that eventually flood threat. It has been an extraor- Americans have long recognized that evolved into the present-day Aviation dinary winter. Even as we have this the ideals which guided our own strug- Branch of the Army.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.074 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3778 CONGRESSIONAL RECORD — SENATE March 25, 2009 His career was comprised of a great For decades, the Fire District has Through training and certification deal of leadership. He headed the team been leasing its current site from the we can lower the risk to the brave men that uncrated and prepared the Wright Forest Service. They operate out of an and women who protect our forests and aircraft for military trials at Fort aging building that was not designed to communities. It’s critical that Con- Omaha. He also served at several air be a fire station. gress is actively engaged to make sure schools including Fort Omaha and the While they have been able to serve this happens. Philippines Air School. However the their community despite this build- I would also like to mention the majority of his career was spent in the ing’s many shortcomings, the time has three provisions in this package aimed Aeronautic Branch of the Signal Corps come for us to pay them back for their and conserving and protecting our na- until his retirement from the armed hard work and dedication. With traffic tion’s oceans and the communities that forces in 1930. on the rise and the need for emergency depend on them. The Order of St. Michael uses the services in the area growing, the Fire This is particularly important in story of St. Michael defeating the drag- District needs to move to a true fire these days of economic turmoil, as mil- on to exemplify the bravery and gal- station and this bill will finally help lions of Americans depend directly and lantry associated with the aviation sol- them do that. indirectly on healthy oceans and dier and the boldness and swiftness of Second, the Ice Age Floods National coasts. aviation on the battlefield. Edward Geologic Trail Designation Act is in- Also, as our climate changes, we Ward was a true Kentuckian and an cluded in this bill. must work to address some of the American hero who epitomizes the her- Since 2001, I have been working with issues that have the potential to affect oism and courage told in this story. He communities in Central and Eastern millions of jobs. That is why I was thankful that Ma- was a prime example of the brave and Washington, the National Park Serv- jority Leader REID included several dedicated soldiers that make our mili- ice, and community stakeholders to provisions in this package that address tary the best in the world. create an Ice Age Floods National Geo- our oceans. logic Trail through portions of Wash- Mr. President, I ask my colleagues to I am particularly thrilled about the join with me in recognizing 1LT Ed- ington, Oregon, Idaho, and Montana. Federal Ocean Acidification Research Visitors to the trail will not only ward R. Ward’s dedication to our mili- and Monitoring Act. tary and our country. provide an important economic boost The world’s oceans are absorbing f to central and eastern Washington roughly 22 million tons of carbon diox- communities, but they will learn about ide every day, causing seawater chem- OMNIBUS PUBLIC LAND an amazing, and often overlooked, part MANAGEMENT ACT istry to become more acidic possibly of our region’s history. withholding the basic chemical build- Ms. CANTWELL. Mr. President, You see, most people don’t know that ing blocks needed by many marine or- today, Congress can be very proud of a during the last Ice Age, when a glacial ganisms. very significant accomplishment. lake in Montana formed and deepened This act creates a comprehensive na- Because today, Congress stood up for enough, the sheer force of the backed tional ocean acidification research and the enjoyment and protection of some up water undermined the glacial ice- monitoring program that will take a of our nation’s most pristine and dam. And, the ice gave way in a crack- hard look at the devastating impacts breathtaking wilderness areas, histor- ing explosion. greenhouse gas emissions are having on ical sites, national parks, forests, The huge lake, bigger than all the our oceans. trails, scenic rivers, and oceans. This rivers of the world today combined, All of this could not have been ac- bill will help our country address the was released all at once and carved its complished without the strong support impacts of climate change on our way through the Pacific Northwest. and hard work and dedication of the coastal areas, and provide educational This changed the region’s geography. majority leader and I thank the leader opportunities for our Nation’s children. But these cataclysmic floods have been for successfully moving these prior- Today, the U.S. House of Representa- a story that’s gone largely untold. Be- ities. tives will pass the Omnibus Public cause of this bill, more people will Today is a proud day for Congress, Land Management Act of 2009 one of know this important part of Pacific for Washington State, for our world’s the most sweeping conservation bills Northwest history. ocean and marine environments, and that Congress has passed in many Third, this package includes my Pa- for some of the most breathtaking years. cific Northwest National Scenic Trail views and important legacies this Na- It is a huge victory for the genera- Act. tion has to offer. tions of Americans who enjoy these The Pacific Northwest Trail runs Because the steps we have taken in sites each year. from the Continental Divide to the Pa- this package will protect our lands, our It is a huge victory for our American cific Coast, is 1,200 miles long, and is coastal areas, and our first responders. heritage. one of the most pristine and breath- f And, it is a huge victory for Wash- taking trails in the world. ington State. This carefully chosen path runs UNNECESARY KILLING OF BABY This bill has been through many through the Rocky Mountains, Selkirk SEALS twists and turns over the last year. Mountains, Pasayten Wilderness, Mr. LEVIN. Mr. President, yesterday But today’s successful vote could not North Cascades, Olympic Mountains, Senator COLLINS and I submitted Sen- have been possible without the tenac- and Wilderness Coast. ate Resolution 84, urging the Govern- ity and dedication of Majority Leader From beginning to end it passes ment of Canada to end the senseless REID. through three states. It crosses three and inhumane slaughter of seals off the I thank the majority leader for his National Parks. And it winds through east coast of Canada. steadfast support and dedication to seven National Forests. To reiterate, on March 18, 2009, just seeing that these important public land Finally, this trail will receive the weeks before its hunting season was and ocean priorities became law. designation is deserves. scheduled to begin, Russia announced Today, I would like to highlight some This package also includes my that it would ban the hunting and kill- of the provisions in this bill that I am Wildland Firefighter Safety legisla- ing of baby seals. Youri Trutnev, Rus- especially pleased to see go to the tion. sia’s Minister of Natural Resources, President’s desk. Wildland firefighting and the safety who was quoted in the New York Times First, this package includes the of wildland firefighters is vitally im- last week, graphically depicted the Snoqualmie Pass Land Conveyance portant to our brave men and women shameful practice, saying: ‘‘The bloody Act, which I sponsored. This bill would who battle these blazes, and for the sight of the hunting of seals, the transfer an acre and a half of Forest communities that depend on them. slaughter of these defenseless animals, Service land to the Snoqualmie Pass This legislation will improve account- which you cannot even call a real hunt, Fire District to help them build a new ability and transparency in wildland is banned in our country, just as well fire station. firefighter safety training programs. as in most developed countries.’’

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.075 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3779 In addition, the Internal Markets and ‘‘It’s highly significant,’’ Rebecca posal died when Mr. Harb could not get an- Consumer Protection Committee, Aldworth, director of Humane Society Inter- other member to second his motion. IMCO, of the European Parliament ap- national in Canada, said of the political de- ‘‘There was silence. Total silence!’’ he said proved a prohibition on trade in seal velopments. ‘‘It shows that world opinion is in a telephone interview on Wednesday. ‘‘I moving away from commercial seal hunting. was amazed that not one of my colleagues, products in the European Union. This There’s hope on the horizon that this may be from any one of the political parties, would measure may now be considered by the the last year that we ever have to witness even want to debate the issue.’’ full European Parliament in the com- this cruelty.’’ f ing months. In Russia, where the number of new pups Yet, in Canada, the largest commer- has dropped sharply in recent years because IDAHOANS SPEAK OUT ON HIGH cial slaughter of marine mammals in of the hunts as well as shrinking ice in the ENERGY PRICES White Sea, the government initially an- the world continues. According to the Mr. CRAPO. Mr. President, in mid- Humane Society of the United States, nounced a ban on the killing of the very youngest and most highly prized seals, June, I asked Idahoans to share with HSUS, over one million seals have been known as ‘‘whitecoats.’’ The seals shed the me how high energy prices are affect- killed over the past 4 years. In Canada, white fur in about two weeks, with the re- ing their lives, and they responded by seal pups as young as 12 days old can sulting silver coat also coveted. the hundreds. The stories, numbering legally be killed. The vast majority of But the government announced in unspar- well over 1,200, are heartbreaking and seals killed in these hunts are between ing language that it intended to extend the touching. While energy prices have ban to include all seals less than a year old. 12 days and 12 weeks of age. dropped in recent weeks, the concerns Canada has officially opened another (While adult seals are also hunted in smaller quantities, their coarse, scarred fur is gen- expressed remain very relevant. To re- seal hunting season, paving the way for erally not used in clothing.) The move, pub- spect the efforts of those who took the hundreds of thousands of baby seals to licly backed by Prime Minister Vladimir V. opportunity to share their thoughts, I be killed for their fur in the coming Putin and coming just weeks before the am submitting every e-mail sent to me weeks, when the harp seal hunt begins hunting season was to begin, could save as through an address set up specifically in earnest. I am pleased to have been many as 35,000 seals, according to a spokes- for this purpose to the CONGRESSIONAL man for the International Fund for Animal joined by Senator COLLINS in submit- RECORD. This is not an issue that will Welfare. ting this resolution that urges the Gov- be easily resolved, but it is one that de- ernment of Canada to end this sense- The Associated Press quoted the natural resources minister, Yuri Trutnev, as saying serves immediate and serious atten- less and inhumane slaughter. in a statement: ‘‘The bloody sight of the tion, and Idahoans deserve to be heard. The U.S. Government has opposed hunting of seals, the slaughter of these de- Their stories not only detail their this senseless slaughter, as noted in fenseless animals, which you cannot even struggles to meet everyday expenses, the January 19, 2005, letter from the call a real hunt, is banned in our country, but also have suggestions and rec- U.S. Department of State, in response just as well as in most developed countries, ommendations as to what Congress can to a letter Senator COLLINS and I wrote and this is a serious step to protect the bio- do now to tackle this problem and find to President Bush, urging him to raise diversity of the Russian Federation.’’ Masha Vorontsova, the head of the Inter- solutions that last beyond today. I ask this issue during his November 30, 2004, national Fund for Animal Welfare in Russia unanimous consent to have today’s let- visit with Canadian Prime Minister and a biologist who has been pushing for a ters printed in the RECORD. Paul Martin. The letter reads, in part, ban since the fall of the Soviet Union, cred- There being no objection, the mate- as follows: ‘‘The United States has ited an outpouring of public support for end- rial was ordered to be printed in the made known to the Government of ing the hunt. ‘‘It’s a fantastic achievement,’’ RECORD, as follows: Canada its objections and the objec- she said. In contrast, Gail Shea, Canada’s Minister I am a Meridian resident, who works in tions of concerned American legisla- Boise, an 8-mile commute for me. I own a tors and citizens to the Canadian com- of Fisheries and Oceans, did little to disguise her frustration at moves taking aim at the 2003 Dodge Dakota, and it was my commuter mercial seal hunt on numerous occa- industry both abroad and at home, which she vehicle until a couple months back. It has a sions over recent years. The United attributed to ‘‘mistruths and propaganda’’ fuel capacity of 23 gallons. Before I stopped States has also opposed Canada’s ef- spread by special interest groups. ‘‘For some driving my truck, it was costing me about forts within the Arctic Council to pro- reason the European Union will not recog- $160 per month in gas . . . just for me to get mote trade in sealskins and other ma- nize what the actual facts are because it’s an to and from work—8 miles away. That is be- emotional issue and a political issue,’’ she fore gas went over $4/gallon. The reason I do rine mammal products.’’ not have to drive my truck anymore, is be- Mr. President, I ask unanimous con- said in an interview. Ms. Shea, who earlier flew to Europe to cause my wife got a new job in Boise, a mile sent the New York Times article of lobby against a European Union ban, warned from my workplace, and we are now able to March 19, 2009, entitled ‘‘Russia to Ban that such a move could violate international carpool together in her car, a 2003 Mazda 6. Hunting Baby Seals’’ be printed in the trade law. An industry spokesman said that Previously, she worked in Meridian, just a RECORD, as follows: nearly all Canadian seal products passed couple miles from our home. My wife hates There being no objection, the letter through Europe on their way to major con- driving the truck, which is why I drove it, was ordered to be printed in the sumers like Norway, Russia and China. It is instead of her. Since my wife got her new job nearly two RECORD, as follows: unclear whether Russia will also ban the im- port and sale of seal products. months ago, my truck has just sat in the ga- RUSSIA TO BAN HUNTING OF BABY SEALS Commercial sealing also takes place in a rage. I filled it up 6-8 weeks ago—and it still (By A.G. Sulzberger, Mar. 19, 2009) handful of other counties, including Norway, has the same full tank of gas. It hasn’t Russia announced on Wednesday that it Greenland and Namibia. In Canada, last moved an inch. How can I afford to move it, would ban the hunting of baby seals, effec- year’s catch of 207,000 seals—or roughly one when it only gets 12-16 mpg, and gas is now tively shutting one of the world’s largest in every five pups born that year—earned the hovering between $4.10–$4.15 a gallon? If I hunting grounds in the controversial trade roughly 6,000 licensed sealers a total of $7 was still driving my truck to work, it would in seal fur. million, down from $33 million in 2006, ac- now be costing about $200 a month just to The decision is yet another blow to an age- cording to Phil Jenkins, a spokesman for the commute back and forth to work. Ridicu- old industry that has been losing a public re- Canadian fisheries department. The hunting lous. So my truck sits and waits for some- lations battle in recent years to animal- decreased, he said, largely because of a sharp thing to cause fuel prices to go down. rights groups, who have gained public sup- drop in prices for the pelts, from $97 to $33, Now for the possible solution I read about port by using stark photographs of harp seal for a perfect specimen. Seals are killed by the other day. SwiftFuel: I saw a blurb on it pups less than a month old being clubbed to rifle or by club. on the website, http://slashdot.org, which had death on blood-stained ice flows. The harp seal population level has held a link to a full article by Robert X. Cringly In addition, the European Union is consid- steady at about 5.6 million for the last dec- on PBS’ website. Basically, SwiftFuel is ering a ban of all seal products—similar to ade, he said, but anti-sealing groups contest made from ethanol, but contains no ethanol. one that the United States adopted decades that figure. It is currently being tested by the FAA as a ago—which would eliminate a key trade However, the Canadian industry came replacement fuel for the current lead based route and end market for the furs. And even under rare official scrutiny last week, when aviation fuels, which must cease to exist in in Canada, where the world’s largest seal Mac Harb, a senator from Ontario, intro- 2010. It has a higher octane rating (about hunt is scheduled to begin later this month duced the legislation to cancel the coming 104); has more energy per gallon, which re- and top leaders vigorously defend the indus- hunt. He argued that the industry was dying, sults in a 15–20 percent increase in fuel effi- try, a legislator for the first time introduced propped up by public tax dollars and costing ciency; can be run on existing engines with- a proposal to curtail sealing. Canada international good will. But his pro- out modification; can be stored in the same

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.028 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3780 CONGRESSIONAL RECORD — SENATE March 25, 2009 tanks and shipped in the same pipelines as Conservation by the American people is a and only work part-time as a tutor on cam- gasoline; and since it is a biomass, has a net must. A change in my driving habits has re- pus. I live relatively close to campus so I can 0 carbon footprint on the environment. Oh, sulted in a 3 miles per gallon increase. I walk or take the bus if need be, but so far I the ethanol used to make it—it is not pro- drive twenty miles a day to and from work. have not had to. The real story I wanted to duced from corn. It is produced from sor- One road posts 65 mph. I drive 55 mph. I coast share is why I am not bothered with the ris- ghum which produces six times more ethanol up to stop signs where safely possible. Where ing prices of gas as much as everyone else than corn, per acre. No higher food costs safely possible, I drive 55 miles per hour in- seems to be. from the production of its ethanol. Cur- stead of 65, or 65 instead of 75. One can only I was in the US Army from 1968 to 1972 and rently, SwiftFuel costs about $1.80 to imagine what would happen if every driver in served in Germany from the fall of 1968 to produce, and we can make it right here, in America would increase their miles per gal- the spring of 1970. Gas prices in Germany, at the good ol’ U. S. of A. lon by changing driving habits. that time, after converting from the old Obviously, this is just one article, and one Demand would definitely decrease which Mark to US dollars, were about $3.65 a gal- side. But if most of what this article claims should have a positive effect on supply. But, lon. We have been very fortunate to have is true, this could be a very viable, quick unfortunately, the American people will not cheap prices for as long as we have. Now it is remedy to breaking our addiction to oil. Ev- conserve on their own. The congress must our turn to pay up. eryone could benefit from it immediately, force conservation. During the early 1970s, I would say to Congress: Shame on you for without having to buy new cars, or paying America faced an oil crisis. One of the meas- not allowing the drilling of more oil reserves for expensive modifications. I think it de- ures the government instituted was lowering in those areas of our country that have it, serves a very serious look from the Govern- the speed limit to 55 miles per hour. Not only for you are keeping us dependent upon OPEC ment, and I hope you will encourage other did this action reduce demand, it saved lives. and keep us at the mercy of their pocket lawmakers to look into it. This seems to be an inexpensive option. The book needs. I also would ask Congress to se- If it makes it to our local pumps, my Da- only cost to the government, as I see it, is in riously consider tholium research to replace kota can come out of the garage and play. putting up new speed limit signs. uranium in our reactors, for it is consider- The interesting thing to me is that the JARED. ably more economical, safer for the environ- American public have driven one billion miles less this year compared to last year, ment and would go a long way to promote Thank you for all you are doing to keep anti-proliferation by terrorists. energy prices, costs, and options open. yet the price of gas continues to rise. It KERMIT. Our family is spread all over the country makes one wonder what kind of coalition has be created to keep supply down and prices up because we gave them wings to fly. Giving My husband works in construction. The in spite of the minimal conservation efforts them independence sometimes means higher good news is: He has had job after job out at costs for visits. When my husband and I mar- of the American people. Does anything the American people say really carry any weight the nuclear site west of Idaho Falls. The bad ried in 1967, the Viet Nam War was the coun- news is: Construction workers do not get to tries overseas involvement. Since then so with our government? I know that this is a complex problem. ride the buses. They have to drive out them- many, many more overseas events have af- selves, unless they are lucky enough to work fected our society. Some stop-gap measures need to be put in for a company that carpools their men in a Being part of a world economy is a chal- place while long-term solutions are reached. company truck. That is not happening right lenge. I think our country will be challenged Now would be a good time for Congress to beyond our wildest dreams and people from step up to the plate and hit a grand slam to now. Gary drives out to work every day. all over the world will be meeting our expec- win the game for the American people. Even with a fuel stipend to offset his gas tations of being like us. That is not all good. R. purchases each week, we are going in deeper One of the things is energy and high cost of and deeper because of the rising fuel prices. traveling. Staying close to home will be the Thank you for the opportunity to share my I am sure construction companies can only only option for most people in our world and concern about the rising energy costs in our afford to offset just so much for their em- probably not a bad thing. country. I have a 2001 Toyota Camry and ployees. It will cap out and we will be left I would hope that other energy options will when I first bought the car it cost between making up the difference. After all, we have finally come out and be fully embraced by $12 and $15 to fill the tank. Last Friday I to keep Gary working. For my job, I travel the government with incentives and with fi- filled it and it was $56.03! From $15 to $56, the upper Snake River Valley, making visits nancial responsibilities that all Americans and the news says the price of gas is still ris- in the homes of adult clients with develop- can understand and live with. ing! mental disabilities. I am required by the We will need another post World War II In the past, whenever something was to- state Medicaid to make these monthly visits. plan of some sort to put people to work, give tally out of control in our country, we could I drive a fairly fuel efficient vehicle, but count on our leaders to do something about them self esteem to continue to work things again, our miscellaneous expense budget has it. Gas prices have gone up before (but never out. been hacked by increases expense at the fuel With our medical crisis, overseas wars, and to this extent) and then came back down? I pump. societal morality issues we face a time of always felt safe and secure in the United I am so hoping the government will explore States but now things seem to be totally out great challenge! and implement domestic oil production. Get I hope that you and others in Washington of control. Where are our leaders/Senate? these foreign countries off our backs! They will take the time off and spend time at What are they doing to help us? With the ex- are grinding the faces of the American cit- home and have smaller salaries so we as tremely high gas prices everything else is izen into the pavement. Of course, I am in going up, too. So much so that we all are Americans can have examples of sacrifice favor of expanded nuclear energy research. being forced to cut back everywhere else— and fiscal responsibly. We here in southeast Idaho have grown up even in critical areas such as food and/or Thank you for your service to our state with the nuclear site in our backyard. Incen- medicine. Living in Idaho does not give me and our country. I look forward to the next tives for conservation may help, but do not an option on not driving my car to work and four years and hopefully we will have a more let too much red tape bind the effectiveness I have to work in order to survive. I do not responsible White House and legislative ses- of the incentive or companies will not feel it want to quit work and be supported by wel- sions! fare, or any other assistance, simply because is worth it. I repeat, the environmentalists NANCY. I cannot get to work. I am disabled and can- have had their day and now we are suffering for it. They need to quiet down and let busi- As you have heard from many sources, the not ride a bicycle to work (which will not work in Idaho during the winter, either). ness address the issues of the American fam- high energy costs are providing difficult After a horrific divorce, I struggled many, ily trying to survive in the United States. choices: food or gas, rent or gas, mortgage or many years as a single woman to get my feet Thank you for your interest in our story. gas, utilities or gas, medicine or gas, etc. I on the ground and be self-sufficient. It terri- GARY and JANA. just read the results of a survey that indi- fies me to think that security can easily be cated that 76% of respondents say that the taken away from me The increase in prices caused by an in- country is headed the wrong way. This is not Where in the world did the United States crease in demand is not a valid cause for in- only a White House issue. This is a White ever get the notion we could be dependent on creasing the pressure put on the environ- House and Congress issue. All I see reported foreign countries for energy? That is abso- ment by our society’s increasing demand for is finger pointing; one party blaming the lutely ridiculous! We are supposed to be the high quality energy. The price increase is a other or the White House. It is time to put leader of the free world, not depending on result of capitalism—imagine that, the U.S. aside partisan bickering and seek for bipar- other countries to survive. We have re- has promoted a change in world economy to tisan solutions. OPEC is creating a false sup- sources on our own soil so why are we not be more like ours and it has worked. More ply shortage due to lack of daily production. using them? What is happening with the re- demand translates to higher prices. The Oil companies must share the blame. serve oil? As the Senate, I implore you to stock brokers are now speculating on energy Refineries are creating a false supply please do something to stop the rising gas futurs. shortage by not producing to their capacity. prices and get them lowered again! So the solution is efficiency. Start car- They post record profits but do nothing to CONNIE, Post Falls. pooling. The demand could be reduced if peo- increase refinery capacity or build new refin- ple rode together to work and school in their eries. Oil production in the United States I am a non-traditional student at BSU. I current vehicles. As new vehicles are pur- can and must increase. depend on grants and loans to attend college chased, energy efficient machines could be

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.065 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3781 purchased instead of the CAFE loop-hole hands of God in which our country and state father in the sales department at Hart- SUVs that the current federal government reside. My family has never gone hungry, but ley Motors in the town of Dexter. He still subsidizes. Also the speed limit could be I truly have to hope now that we never will. eventually bought the original dealer- reduced. Yes, all the machines on the free- If there can be a way to improve the value of ship from his uncle Perley and took ways are more efficient at lower speeds. It is the dollar, to lower the price in gas (or even just physics. Then reduce the need for energy maintain it at the ridiculous price that it is over operations in 1983, when he moved by reducing the demand for AC and Heating currently at), then myself and many other the business to its current location in because of the unrealistic size of homes. Idahoans and Americans would be greatly Newport. Since then, Steven Hartley Start programs to subsidize development of appreciative. I continue to support those has ensured that the dealership is prof- solar electric to AC systems in the sunbelt of who are making wise decisions for the people itable every year. For the company’s the U.S. Such a program would significantly of the United States, and continue to pray to dedicated work, Hartley’s received reduce the electric grid demand. God that he will preserve me and my family Daimler/Chrysler’s five-star elite deal- The answer to the impact of energy prices from harder times. ership status in 2005, an honor held by could be altered immediately through con- STEPHAN. servation, not 5 years from now by increases only two dealerships across Maine. in exploration. My husband and I both are retired. We re- Mr. Hartley donates his time to pro- DALE, Coeur d’Alene. cently bought a Silverado pick-up in Feb- moting the well-being of the entire ruary, almost $32,000. Do you think we would auto dealer industry throughout Maine We are writing to express our complete ex- have bought that had we seen the gas crisis and New England. He is a former direc- asperation with the U.S. Congress’ inaction coming? Heavens no! We were going to buy a tor of the New England Chrysler Ad As- on vital energy questions or maybe it is a travel trailer for it to hitch and explore our not so subtle attempt to ruin our way of life. sociation, and presently serves as a di- nation. That thought is completely gone. We rector on the New England Dodge Ad We and our neighbors live about 70 miles have six children, three of whom are married from adequate shopping and medical serv- with children, with double incomes to make Association. Mr. Hartley also contrib- ices. We spend about $30 for gasoline for each ends meet. Now, that is all we can do—make utes his time and talents as a Director round trip. Ours is a poor, rural community ends meet. We are all surviving and, thank at the Maine Auto Dealers, and a trust- where many people have to commute long God, we are a resourceful nation. We bought ee for the Maine Auto Dealers health distances to work and whose budgets are a 32 mpg Chevy, and one son bought a motor- and insurance trust. being wrecked by the current cost of gaso- cycle to commute to work, but we just do In addition to his business and pro- line and diesel fuel. Being a community of not go shopping. We are all making it, but mostly self-sufficient, hardworking people fessional accomplishments, Steven groceries and gasoline seem to be taking our Hartley is a Master Mason and a mem- who do not have time to publicly complain checks. I am worried about the other busi- or demonstrate, we seldom have the oppor- nesses of our nation who have depended a bit ber of the Shriners. Additionally, Mr. tunity to be heard. We appreciate your invi- on our incomes. What about them? Start Hartley has served for 20 years as a vol- tation to let us express our frustrations. drilling! We are worth more than what we unteer firefighter for the Corinna Fire We believe that election year politics is are being handed by the radical environ- Department, even attaining the rank of important but that an issue so vital as en- mentalists. God is the one who selects plants department chief. Late last year, he ergy supplies should be something that our and animals for extinction, not us. If he representatives should agree upon. Have we was one of just 49 automobile dealers chooses, they could be gone tomorrow no reached a point where the elite of our society out of more than 19,500 nationwide that matter what we do. Start drilling! are so powerful that the pain felt by every- were nominated for the TIME Magazine VAL. day citizens is of no importance when bal- Dealer of the Year award. Through this anced against their idealistic agendas? f nomination, he garnered national rec- I am a retired engineer with adequate re- ADDITIONAL STATEMENTS ognition at the National Automobile tirement reserves, and $4 a gallon gasoline Dealers Association Convention and will not bankrupt me. Most of my neighbors are not so fortunate and will be strapped to Exposition in January, where he was ever achieve adequate retirement finances if HONORING HARTLEY’S CHRYSLER honored by TIME and the Goodyear fuel costs and the increased cost of products DODGE JEEP GMC Tire and Rubber Company for his hon- due to fuel costs are not addressed. The abil- orable community contributions and ∑ Ms. SNOWE. Mr. President, as we ity to save is being destroyed for the average his service to the auto dealer industry. heard in testimony before the Senate citizen by increased fuel costs. Driving his dealership to a whole new Committee on Small Business and En- Again, thank you for the opportunity to level of success, Steven Hartley has led state my opinions. I hope that you will do all trepreneurship last week, auto dealer- Hartley’s Chrysler Dodge Jeep GMC to that is possible for you to do to ease this ships are struggling to sell cars in this the top of the industry and the fore- burden. We are in favor of drilling for oil difficult economy. One of our witnesses front of the community. Entrepreneurs both in ANWR and offshore. We are also in remarked that in a healthy economy, favor of nuclear energy. It is the fuel of the like Mr. Hartley are striving to ensure auto sales make up approximately 20 future and again we are letting a few loud- that our Nation’s auto dealerships are percent of our country’s retail spend- mouthed elitists dictate policy and add to here to stay, and we owe them a debt of ing. Clearly, a healthy automobile in- the hardships of the people who make the gratitude. Congratulations to Steven dustry is critical to our economic suc- country work. H. Hartley on his most recent acco- KAREN and ROY, Orofino. cess. I rise this week to recognize Hart- lades, and I wish everyone at Hartley’s ley Chrysler Dodge Jeep GMC, an out- Chrysler Dodge Jeep GMC a prosperous I suspect that you have heard quite a few standing auto dealership from my stories about how rising energy costs have year.∑ impacted Idahoans lives. I want to tell you home State of Maine that has remained how mine has been changed. I work at the true to its longstanding commitment f INL (Idaho National Laboratory) for the CCP to serving its customers and its com- MESSAGES FROM THE PRESIDENT (Central Characterization Project) on the munity, regardless of economic condi- ICP (Idaho Cleanup Project). I tried riding tions. Messages from the President of the the bus service that the site has provided for Located in the central Maine town of United States were communicated to decades. At the end of last year, the fuel Newport, Hartley’s Chrysler Dodge the Senate by Mr. Williams, one of his prices prompted a change in the cost of a bus Jeep GMC is a second-generation fam- secretaries. pass from approx $11 a week—more than dou- bling (I believe) to almost $23 a week. I no ily-owned small business. Hartley’s f opened its doors in 1946, when Perley longer ride the bus but ride with a co-worker EXECUTIVE MESSAGES REFERRED who has been forced to drive because it is Hartley began selling used vehicles cheaper for he and his wife who both work on from a filling station in the neigh- As in executive session the Presiding the ICP to drive than to ride the bus. He is boring town of Corinna. In 1960, the Officer laid before the Senate messages gracious and insists that I do not pay my dealership started selling new cars, from the President of the United share of fuel costs or the maintenance on his adding Chrysler and Plymouth as its States submitting sundry nominations car. I have filled the car’s fuel tank twice, first automobile lines. which were referred to the appropriate and each time I was caught off guard by my upset wife telling me that the lack of that A year after graduating from Eastern committees. money was going to cut down on food and Maine Community College in the early (The nominations received today are other things that we have necessity for in 1970s, Steven H. Hartley, now the com- printed at the end of the Senate pro- our home. I have been very blessed by the pany’s president, went to work for his ceedings.)

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.068 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3782 CONGRESSIONAL RECORD — SENATE March 25, 2009 EXECUTIVE AND OTHER culosis in Cattle and Bison; State and Zone partment of Commerce, transmitting, pursu- COMMUNICATIONS Designations; New Mexico’’ (Docket No. ant to law, the report of a rule entitled APHIS–2008–0124) received in the Office of the ‘‘Fisheries of the Northeastern United The following communications were President of the Senate on March 23, 2009; to States; Summer Flounder Fishery; Quota laid before the Senate, together with the Committee on Agriculture, Nutrition, Transfer’’ (RIN0648–XN33) received in the Of- accompanying papers, reports, and doc- and Forestry. fice of the President of the Senate on March uments, and were referred as indicated: EC–1098. A communication from the Acting 20, 2009; to the Committee on Commerce, EC–1089. A communication from the Acting Under Secretary of Defense (Personnel and Science, and Transportation. EC–1107. A communication from the Acting Administrator, Rural Utilities Service, De- Readiness), transmitting, pursuant to law, a Director of the Office of Sustainable Fish- partment of Agriculture, transmitting, pur- report relative to demonstration project no- eries, National Marine Fisheries Service, De- suant to law, the report of a rule entitled tices, amendments, and changes requested by partment of Commerce, transmitting, pursu- ‘‘General Policies, Types of Loans, Loan Re- the Science and Technology Reinvention ant to law, the report of a rule entitled quirements—Telecommunications’’ Laboratories during calendar year 2008; to ‘‘Fisheries of the Exclusive Economic Zone (RIN0572–AC13) received in the Office of the the Committee on Armed Services. EC–1099. A communication from the Vice Off Alaska; Reallocation of Pacific Cod in President of the Senate on March 20, 2009; to Chair and First Vice President, Export-Im- the Bering Sea and Aleutian Islands Manage- the Committee on Agriculture, Nutrition, port Bank of the United States, transmit- ment Area’’ (RIN0648–XN69) received in the and Forestry. ting, pursuant to law, a report relative to EC–1090. A communication from the Direc- Office of the President of the Senate on transactions involving U.S. exports to the tor, Regulatory Management Division, Envi- March 20, 2009; to the Committee on Com- United Arab Emirates; to the Committee on ronmental Protection Agency, transmitting, merce, Science, and Transportation. Banking, Housing, and Urban Affairs. EC–1108. A communication from the Acting pursuant to law, the report of a rule entitled EC–1100. A communication from the Gen- Director of the Office of Sustainable Fish- ‘‘Castor Oil, Ethoxylated, Oleate; Tolerance eral Counsel, National Credit Union Admin- eries, National Marine Fisheries Service, De- Exemption’’ (FRL–8399–8) received in the Of- istration, transmitting, pursuant to law, the partment of Commerce, transmitting, pursu- fice of the President of the Senate on March report of a rule entitled ‘‘Accuracy of Adver- ant to law, the report of a rule entitled 20, 2009; to the Committee on Agriculture, tising and Notice of Insured Status’’ ‘‘Fisheries of the Exclusive Economic Zone Nutrition, and Forestry. (RIN3133–AD52) received in the Office of the Off Alaska; Pollock in Statistical Area 630 of EC–1091. A communication from the Direc- President of the Senate on March 24, 2009; to the Gulf of Alaska’’ (RIN0648–XN53) received tor, Regulatory Management Division, Envi- the Committee on Banking, Housing, and in the Office of the President of the Senate ronmental Protection Agency, transmitting, Urban Affairs. on March 20, 2009; to the Committee on Com- pursuant to law, the report of a rule entitled EC–1101. A communication from the Dep- merce, Science, and Transportation. ‘‘Dinotefuran; Pesticide Tolerances for uty General Counsel for Operations, Depart- EC–1109. A communication from the Acting Emergency Exemptions’’ (FRL–8401–5) re- ment of Housing and Urban Development, Director of the Office of Sustainable Fish- ceived in the Office of the President of the transmitting, pursuant to law, the report of eries, National Marine Fisheries Service, De- Senate on March 20, 2009; to the Committee a nomination in the position of Deputy Sec- partment of Commerce, transmitting, pursu- on Agriculture, Nutrition, and Forestry. retary; to the Committee on Banking, Hous- ant to law, the report of a rule entitled EC–1092. A communication from the Direc- ing, and Urban Affairs. ‘‘Fisheries of the Caribbean, Gulf of Mexico, tor, Regulatory Management Division, Envi- EC–1102. A communication from the Acting and South Atlantic; Coastal Migratory Pe- ronmental Protection Agency, transmitting, Assistant Administrator for Fisheries, Na- lagic Resources of the Gulf of Mexico and pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department South Atlantic; Closure’’ (RIN0648–XN55) re- ‘‘Fenpropathrin; Pesticide Tolerances’’ of Commerce, transmitting, pursuant to law, ceived in the Office of the President of the (FRL–8400–8) received in the Office of the the report of a rule entitled ‘‘Fisheries Off Senate on March 20, 2009; to the Committee President of the Senate on March 20, 2009; to West Coast States; Pacific Coast Groundfish on Commerce, Science, and Transportation. the Committee on Agriculture, Nutrition, Fishery; Amendment 15’’ (RIN0648–AW08) re- EC–1110. A communication from the Chief and Forestry. ceived in the Office of the President of the of Staff, Media Bureau, Federal Communica- EC–1093. A communication from the Direc- Senate on March 20, 2009; to the Committee tions Commission, transmitting, pursuant to tor, Regulatory Management Division, Envi- on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Implemen- ronmental Protection Agency, transmitting, EC–1103. A communication from the Acting tation of the DTV Delay Act’’ (MB Docket pursuant to law, the report of a rule entitled Assistant Administrator for Fisheries, Na- No. 09–17) received in the Office of the Presi- ‘‘Propiconazole; Pesticide Tolerances’’ tional Marine Fisheries Service, Department dent of the Senate on March 20, 2009; to the (FRL–8403–7) received in the Office of the of Commerce, transmitting, pursuant to law, Committee on Commerce, Science, and President of the Senate on March 20, 2009; to the report of a rule entitled ‘‘Fisheries of the Transportation. the Committee on Agriculture, Nutrition, Northeastern United States; Atlantic Deep- EC–1111. A communication from the Chief and Forestry. Sea Red Crab Fishery; Emergency Rule’’ of Staff, Media Bureau, Federal Communica- EC–1094. A communication from the Direc- (RIN0648–AX61) received in the Office of the tions Commission, transmitting, pursuant to tor, Regulatory Management Division, Envi- President of the Senate on March 20, 2009; to law, the report of a rule entitled ‘‘Reexam- ronmental Protection Agency, transmitting, the Committee on Commerce, Science, and ination of the Comparative Standards for pursuant to law, the report of a rule entitled Transportation. Noncommercial Educational Applicants’’ ‘‘Thymol; Exemption From the Requirement EC–1104. A communication from the Acting (MM Docket No. 95–31) received in the Office of a Tolerance’’ (FRL–8404–4) received in the Assistant Administrator for Fisheries, Na- of the President of the Senate on March 20, Office of the President of the Senate on tional Marine Fisheries Service, Department 2009; to the Committee on Commerce, March 20, 2009; to the Committee on Agri- of Commerce, transmitting, pursuant to law, Science, and Transportation. culture, Nutrition, and Forestry. the report of a rule entitled ‘‘Magnuson-Ste- EC–1112. A communication from the Senior EC–1095. A communication from the Direc- vens Act Provisions; Fisheries Off West Legal Advisor, Public Safety and Homeland tor, Regulatory Management Division, Envi- Coast States; Pacific Coast Groundfish Fish- Security Bureau, Federal Communications ronmental Protection Agency, transmitting, ery; 2009–2010 Biennial Specifications and Commission, transmitting, pursuant to law, pursuant to law, the report of a rule entitled Management Measures’’ (RIN0648–AX24) re- the report of a rule entitled ‘‘Improving Pub- ‘‘Triethanolamine; Exemption From the Re- ceived in the Office of the President of the lic Safety Communications in the 800 MHz quirement of a Tolerance’’ (FRL–8404–1) re- Senate on March 20, 2009; to the Committee Band; New 800 MHz Band Plan for U.S.-Can- ceived in the Office of the President of the on Commerce, Science, and Transportation. ada Border Regions’’ (WT Docket No. 02–55) Senate on March 20, 2009; to the Committee EC–1105. A communication from the Acting received in the Office of the President of the on Agriculture, Nutrition, and Forestry. Director of the Office of Sustainable Fish- Senate on March 23, 2009; to the Committee EC–1096. A communication from the Direc- eries, National Marine Fisheries Service, De- on Commerce, Science, and Transportation. tor, Regulatory Management Division, Envi- partment of Commerce, transmitting, pursu- EC–1113. A communication from the Acting ronmental Protection Agency, transmitting, ant to law, the report of a rule entitled Director of the Office of Policy, Import Ad- pursuant to law, the report of a rule entitled ‘‘Magnuson-Stevens Fishery Conservation ministration, International Trade Adminis- ‘‘Tristyrylphenol Ethoxylates (CAS Reg. No. and Management Act Provisions; Fisheries tration, Department of Commerce, transmit- 70559–25–0) and (CAS Reg. No. 99734–09–5); Ex- of the Northeastern United States; North- ting, pursuant to law, the report of a rule en- emption From the Requirement of a Toler- east Multispecies Fishery; Reduction of the titled ‘‘Steel Import Monitoring and Anal- ance’’ (FRL–8404–7) received in the Office of Landing Limit for Eastern Georges Bank Cod ysis’’ (RIN0625–AA82) received in the Office the President of the Senate on March 20, in the U.S./Canada Management Area’’ of the President of the Senate on March 23, 2009; to the Committee on Agriculture, Nu- (RIN0648–XN46) received in the Office of the 2009; to the Committee on Commerce, trition, and Forestry. President of the Senate on March 20, 2009; to Science, and Transportation. EC–1097. A communication from the Con- the Committee on Commerce, Science, and EC–1114. A communication from the Sec- gressional Review Coordinator, Animal and Transportation. retary of the Federal Trade Commission, Plant Health Inspection Service, Department EC–1106. A communication from the Acting transmitting, pursuant to law, the report of of Agriculture, transmitting, pursuant to Director of the Office of Sustainable Fish- a rule entitled ‘‘Rules and Regulations Under law, the report of a rule entitled ‘‘Tuber- eries, National Marine Fisheries Service, De- the Textile Fiber Products Identification

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.076 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3783 Act’’ (16 CFR Part 303) received in the Office pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the of the President of the Senate on March 23, ‘‘Approval and Promulgation of Air Quality report of a rule entitled ‘‘Taxation of fringe 2009; to the Committee on Commerce, Implementation Plans; Virginia; Volatile Or- benefits’’ (Rev. Rul. 2009-6) received in the Science, and Transportation. ganic Compound Reasonably Available Con- Office of the President of the Senate on EC–1115. A communication from the Direc- trol Technology for Reynolds Consumer March 24, 2009; to the Committee on Finance. tor, Office of Congressional Affairs, Nuclear Products Company’’ (FRL-8779-8) received in EC–1132. A communication from the Acting Regulatory Commission, transmitting, pur- the Office of the President of the Senate on Assistant Secretary, Bureau of Legislative suant to law, the report of a rule entitled March 24, 2009; to the Committee on Environ- Affairs, Department of State, transmitting, ‘‘Implementation of a Dose Standard After ment and Public Works. pursuant to law, a report relative to pro- 10,000 Years’’ (RIN3150-AH68) received in the EC–1124. A communication from the Direc- viding information on U.S. military per- Office of the President of the Senate on tor, Regulatory Management Division, Envi- sonnel and U.S. civilian contractors involved March 20, 2009; to the Committee on Energy ronmental Protection Agency, transmitting, in the anti-narcotics campaign in Colombia; and Natural Resources. pursuant to law, the report of a rule entitled to the Committee on Foreign Relations. EC–1116. A communication from the Direc- ‘‘Approval and Promulgation of Air Quality EC–1133. A communication from the Assist- tor, Office of Surface Mining Reclamation Implementation Plans; West Virginia; ant Secretary, Office of Legislative Affairs, and Enforcement, Department of the Inte- Amendments to the Control of Air Pollution Department of Homeland Security, transmit- rior, transmitting, pursuant to law, the re- from Combustion of Refuse’’ (FRL-8782-2) re- ting, pursuant to law, a report relative to port of a rule entitled ‘‘Pennsylvania Regu- ceived in the Office of the President of the the Department’s Other Transaction Author- latory Program’’ ((SATS No. PA-152- Senate on March 24, 2009; to the Committee ity; to the Committee on Homeland Security FOR)(Docket No. OSM-2008-0019)) received in on Environment and Public Works. and Governmental Affairs. the Office of the President of the Senate on EC–1125. A communication from the Direc- EC–1134. A communication from the Dis- March 20, 2009; to the Committee on Energy tor, Regulatory Management Division, Envi- trict of Columbia Auditor, transmitting, pur- and Natural Resources. ronmental Protection Agency, transmitting, suant to law, a report entitled ‘‘Implementa- EC–1117. A communication from the Attor- pursuant to law, the report of a rule entitled tion of Omnibus Homeland Security Act: ney of the Office of Assistant General Coun- ‘‘Approval and Promulgation of Implementa- D.C. Government Needs to Sharpen Its Focus sel for Legislation and Regulatory Law, Of- tion Plans; Revisions to the Alabama State on Homeland Defense’’; to the Committee on fice of Energy Efficiency and Renewable En- Implementation Plan; Birmingham and Homeland Security and Governmental Af- ergy, Department of Energy, transmitting, Jackson Counties’’ (FRL-8781-7) received in fairs. pursuant to law, the report of a rule entitled the Office of the President of the Senate on EC–1135. A communication from the Dis- ‘‘Energy Conservation Standards for Certain March 24, 2009; to the Committee on Environ- trict of Columbia Auditor, transmitting, pur- Consumer Products and Commercial and In- ment and Public Works. suant to law, a report entitled ‘‘Certified dustrial Equipment’’ (RIN1904-AB74) received EC–1126. A communication from the Direc- Capital Companies Program’’; to the Com- in the Office of the President of the Senate tor, Regulatory Management Division, Envi- mittee on Homeland Security and Govern- on March 23, 2009; to the Committee on En- ronmental Protection Agency, transmitting, mental Affairs. ergy and Natural Resources. pursuant to law, the report of a rule entitled EC–1136. A communication from the Acting EC–1118. A communication from the Attor- ‘‘Approval and Promulgation of State Air Senior Procurement Executive, Office of the ney of the Office of Assistant General Coun- Quality Plans for Designated Facilities and Chief Acquisition Officer, General Services sel for Legislation and Regulatory Law, Of- Pollutants; Control of Emissions From Ex- Administration, Department of Defense, and fice of Energy Efficiency and Renewable En- isting Other Solid Waste Incinerator Units; National Aeronautics and Space Administra- ergy, Department of Energy, transmitting, Arizona; Pima County Department of Envi- tion, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled ronmental Quality’’ (FRL-8781-2) received in port of a rule entitled ‘‘Federal Acquisition ‘‘Procedural Rules for DOE Nuclear Activi- the Office of the President of the Senate on Regulation; Federal Acquisition Circular ties’’ (RIN1990-AA30) received in the Office of March 24, 2009; to the Committee on Environ- 2005-31’’ (Docket FAR 2009-0001, Sequence 2) the President of the Senate on March 23, ment and Public Works. received in the Office of the President of the 2009; to the Committee on Energy and Nat- EC–1127. A communication from the Direc- Senate on March 20, 2009; to the Committee ural Resources. tor, Regulatory Management Division, Envi- on Homeland Security and Governmental Af- EC–1119. A communication from the Acting ronmental Protection Agency, transmitting, fairs. Chairman of the Federal Energy Regulatory pursuant to law, the report of a rule entitled Commission, transmitting, pursuant to law, ‘‘Delegation of National Emission Standards f the Commission’s annual report for fiscal for Hazardous Air Pollutants for Source Cat- PETITIONS AND MEMORIALS year 2008; to the Committee on Energy and egories; State of California; Amador County Natural Resources. Air Pollution Control District, San Diego The following petitions and memo- EC–1120. A communication from the Direc- County Air Pollution Control District’’ rials were laid before the Senate and tor, Regulatory Management Division, Envi- (FRL-8783-7) received in the Office of the were referred or ordered to lie on the ronmental Protection Agency, transmitting, President of the Senate on March 24, 2009; to table as indicated: pursuant to law, the report of a rule entitled the Committee on Environment and Public POM–13. A resolution adopted by the Sen- ‘‘Hazardous Chemical Reporting; Tier II In- Works. ate of the Republic of the Philippines, for- ventory Information’’ (FRL-8785-3) received EC–1128. A communication from the Direc- warded by the Acting Assistant Secretary, in the Office of the President of the Senate tor, Regulatory Management Division, Envi- Bureau of Legislative Affairs, Department of on March 20, 2009; to the Committee on Envi- ronmental Protection Agency, transmitting, State, expressing the sense of the Senate to ronment and Public Works. pursuant to law, the report of a rule entitled thank the United States Congress for the ap- EC–1121. A communication from the Direc- ‘‘New Mexico: Final Authorization of State proval of the Conference Report on the tor, Regulatory Management Division, Envi- Hazardous Waste Management’’ (FRL-8784-9) American Recovery and Reinvestment Act of ronmental Protection Agency, transmitting, received in the Office of the President of the 2009, which provides the amount of one hun- pursuant to law, the report of a rule entitled Senate on March 24, 2009; to the Committee dred ninety-eight million dollars for the ben- ‘‘Approval and Promulgation of Air Quality on Environment and Public Works. efit of eligible Filipino veterans; to the Com- Implementation Plans: Kentucky; Approval EC–1129. A communication from the Pro- mittee on Appropriations. Section 110(a)(1) Maintenance Plans for the gram Manager, Administration for Children 1997 8-hour ozone standard for the Hun- and Families, Department of Health and RESOLUTION NO. 161 tington-Ashland Area, Lexington Area and Human Services, transmitting, pursuant to Whereas, then President of the United Edmonson County’’ (FRL-8781-5) received in law, the report of a rule entitled ‘‘State Par- States Franklin D. Roosevelt issued a mili- the Office of the President of the Senate on ent Locator Service; Safeguarding Child tary order on 26 July 1941, calling into serv- March 24, 2009; to the Committee on Environ- Support Information’’ (RIN0970-AC01) re- ice the organized military forces of the coun- ment and Public Works. ceived in the Office of the President of the try under the command of General Douglas EC–1122. A communication from the Direc- Senate on March 23, 2009; to the Committee MacArthur to fight with the American sol- tor, Regulatory Management Division, Envi- on Finance. diers in World War II; ronmental Protection Agency, transmitting, EC–1130. A communication from the Chief Whereas, President Roosevelt’s military pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, order stated that, ‘‘As Commander-in-Chief ‘‘Approval and Promulgation of Air Quality Internal Revenue Service, Department of the of the Army and Navy of the United States, Implementation Plan; Maryland; Reasonably Treasury, transmitting, pursuant to law, the I hereby call and order into service of the Available Control Technology Requirements report of a rule entitled ‘‘Asset Valuation Armed Forces of the United States for the for Volatile Organic Compounds’’ (FRL-8780- under Section 430(g)(3)(B) as amended by period of the existing emergency, and place 2) received in the Office of the President of WRERA’’ (Notice 2009-22) received in the Of- under the command of a General Officer, the Senate on March 24, 2009; to the Com- fice of the President of the Senate on March United States Army, to be designated by the mittee on Environment and Public Works. 20, 2009; to the Committee on Finance. Secretary of War from time to time, all of EC–1123. A communication from the Direc- EC–1131. A communication from the Chief the organized military forces of the Govern- tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, ment of the Commonwealth of the Phil- ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the ippines’’:

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.078 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3784 CONGRESSIONAL RECORD — SENATE March 25, 2009 Whereas, on February 20, 1946, then Presi- hold hearings on a new management system By Mr. CARDIN (for himself, Mr. dent Harry Truman affirmed the status of for the Valles Caldera National Preserve; to CRAPO, Mr. LEAHY, Mr. LIEBERMAN, these Filipino veterans as ‘‘nationals of the the Committee on Energy and Natural Re- Mr. MENENDEZ, and Mr. NELSON of United States’’ who ‘‘fought, as American sources. Florida): nationals, under the American flag, and SENATE MEMORIAL NO. 32 S. 690. A bill to amend the Neotropical Mi- under the direction of our military leaders’’; gratory Bird Conservation Act to reauthor- Whereas, the Valles Caldera National Pre- Whereas, President Truman likewise rec- ize the Act; to the Committee on Environ- serve is one of New Mexico’s most spectac- ognized that they ‘‘fought with gallantry and ment and Public Works. ular places and important wildlife habitats, courage under most difficult conditions’’; By Mr. BENNET (for himself and Mr. consisting of eighty-nine thousand acres of Whereas, regrettably, on 18 February and UDALL of Colorado): 17 May 1946, the First and Second Supple- forest, high-mountain grassland and clear S. 691. A bill to direct the Secretary of Vet- mental Surplus Appropriation Rescission streams nestled into the caldera of an an- erans Affairs to establish a national ceme- Acts, collectively known as the Rescission cient volcano; and tery for veterans in southern Colorado re- Whereas, hunting, fishing and outdoor Acts of 1946, were enacted, preventing our gion, and for other purposes; to the Com- recreation are important parts of the way of veterans from receiving benefits which were mittee on Veterans’ Affairs. life in New Mexico; and previously granted to them; By Mr. SCHUMER: Whereas, our veterans have been fighting Whereas, accessible and protected public S. 692. A bill to provide that claims of the for more than six decades for the restoration lands benefit local economies by offering a United States to certain documents relating of their honor and the recognition of their higher quality of life that attracts tourism to Franklin Delano Roosevelt shall be treat- dignity as soldiers who fought with the and high-wage jobs; and ed as waived and relinquished in certain cir- Whereas, the current management experi- Americans during World War II; cumstances; to the Committee on Homeland Whereas, previous administrations, start- ment at the Valles Caldera National Pre- Security and Governmental Affairs. ing from former President Elpidio Quirino, serve is based on a system set up for the Pre- By Mr. HARKIN (for himself, Mr. including Philippine Ambassadors to the sidio, an urban area located in San Fran- ISAKSON, Mr. BINGAMAN, and Mr. United States, have continuously exerted cisco, California; and LIEBERMAN): collective efforts for the realization of this Whereas, it has become clear that the ex- S. 693. A bill to amend the Public Health goal; perimental management system for the Service Act to provide grants for the train- Whereas, on June 2007, members of the Valles Caldera National Preserve will never ing of graduate medical residents in preven- United States Congress expressed their sup- generate adequate funding without devel- tive medicine; to the Committee on Health, port for the passage of a legislative measure oping, and thereby destroying, the Valles Education, Labor, and Pensions. reversing, the ill effects the Rescission Acts Caldera itself; and By Mr. DODD (for himself and Mr. of 1946 and granting pension benefits to our Whereas, the current experimental man- HATCH): veterans then pending in the US Congress; agement system has failed to provide ade- S. 694. A bill to provide assistance to Best Whereas, these legislators, however, inti- quate access to the public for responsible use Buddies to support the expansion and devel- mated their concern that upon the passage of and enjoyment of the area; and opment of mentoring programs, and for this US bill, the benefits currently granted Whereas, a new management system would other purposes; to the Committee on Health, to our veterans would be revoked, as pro- improve opportunity for the public to re- Education, Labor, and Pensions. vided under RA 6948, amended by RA 7696; sponsibly enjoy the Valles Caldera National By Ms. SNOWE (for herself, Mr. KOHL, Whereas, to address this concern and to Preserve, thereby benefiting all residents Ms. STABENOW, Mr. BROWN, and Mr. grant full benefits to our veterans which and helping the local economy; and LIEBERMAN): they rightfully deserve, Republic Act No. Whereas, a new management system would S. 695. A bill to authorize the Secretary of 9499, otherwise known as the Filipino World expand access to hunting, fishing and out- Commerce to reduce the matching require- ment for participants in the Hollings Manu- War II Veterans Pensions and Benefits Act of door recreational opportunities for all resi- facturing Partnership Program; to the Com- 2008, was signed into law on 9 April 2008; dents regardless of financial means; and Whereas, the law paved the way for the ap- Whereas, a new management system would mittee on Commerce, Science, and Transpor- proval by the United States Senate and improve natural resource management at tation. House of Representatives of the proposed the Valles Caldera National Preserve and put By Mr. CARDIN (for himself and Mr. American Recovery and Reinvestment Act of it on more solid financial footing, ensuring ALEXANDER): S. 696. A bill to amend the Federal Water 2009, otherwise known as the Economic that this spectacular place can be enjoyed by Pollution Control Act to include a definition Stimulus Bill, with the valiant and present and future generations: Now, there- of fill material; to the Committee on Envi- unfaltering support of Senators Daniel K. fore, be it ronment and Public Works. Inouye, Harry Reid and Daniel Kahikina Resolved by the Senate of the State of New By Mr. KENNEDY (for himself, Mr. Akaka, and Representatives Robert Filner, Mexico, That Congress be urged to hold hear- DODD, Mr. HARKIN, Mr. BROWN, Mr. Mike Honda and Nancy Pelosi, among other ings as soon as possible on the establishment CASEY, and Mr. WHITEHOUSE): legislators; of a new management system for the Valles Caldera National Preserve, in which the S. 697. A bill to amend the Public Health Whereas, on 13 February 2009, both Houses Service Act to help individuals with func- of the US Congress approved the Conference United States Forest Service, the National Park Service or the United States Fish and tional impairments and their families pay Report on the Economic Stimulus Bill, with for services and supports that they need to 60 affirmative votes and 38 negative votes; Wildlife Service provide management to im- prove responsible public access, expand hunt- maximize their functionality and independ- Whereas, United States President Barack ence and have choices about community par- ing, fishing and outdoor recreational oppor- Obama is scheduled to sign the Economic ticipation, education, and employment, and tunities for the public and place the Valles Stimulus Bill in Denver, Colorado, on 17 Feb- for other purposes; to the Committee on Fi- Caldera National Preserve on firm financial ruary 2009, the eve of the 63rd anniversary of nance. footing so that present and future genera- the enactment of the First Rescission Act; By Mr. FEINGOLD (for himself, Mr. Whereas, the end of the decades-long suf- tions can enjoy and experience this spectac- GRAHAM, and Ms. COLLINS): fering of our veterans is now within reach, ular place and benefits to the economy can S. 698. A bill to ensure the provision of for when the Economic Stimulus Bill is en- be fully realized; and be it further high-quality health care coverage for unin- acted into law, our surviving veterans can Resolved, That copies of this memorial be sured individuals through State health care claim up to Fifteen Thousand Dollars (USD transmitted to the New Mexico Congres- coverage pilot projects that expand coverage 15,000) in lump-sum benefits, not as mone- sional Delegation and the Chief Clerks of the and access and improve quality and effi- tary compensation for their gallantry during United States House of Representatives and ciency in the health care system; to the World War II, but as recognition of their Senate for distribution to the appropriate Committee on Health, Education, Labor, and honor for risking life and limb for our allies committees. Pensions. and our country. Now, therefore, be it f By Mr. CORNYN (for himself and Mrs. Resolved as it is hereby resolved by the Senate HUTCHISON): of the Philippines, To express the sense of the INTRODUCTION OF BILLS AND S. 699. A bill to provide for the construc- Senate to commend Senator Daniel K. JOINT RESOLUTIONS tion by the Secretary of Veterans Affairs of Inouye and the United States Congress for The following bills and joint resolu- a full service hospital in Far South Texas; to the approval of the Conference Report on the tions were introduced, read the first the Committee on Veterans’ Affairs. American Recovery and Reinvestment Act of and second times by unanimous con- By Mr. BINGAMAN (for himself, Mr. 2009, which provides the amount of One Hun- BROWN, and Ms. COLLINS): dred Ninety-eight Million Dollars (USD sent, and referred as indicated: S. 700. A bill to amend title II of the Social 198,000,000) for the benefit of eligible Filipino By Mrs. HUTCHISON (for herself and Security Act to phase out the 24-month wait- Veterans. Mr. CARDIN): ing period for disabled individuals to become S. 689. A bill to amend the Internal Rev- eligible for Medicare benefits, to eliminate POM–14. A resolution adopted by the Sen- enue Code of 1986 to clarify the treatment of the waiting period for individuals with life- ate of the State of New Mexico memori- church pension plans, and for other purposes; threatening conditions, and for other pur- alizing a request that Congress be urged to to the Committee on Finance. poses; to the Committee on Finance.

VerDate Nov 24 2008 01:57 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.073 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3785 By Mr. KERRY (for himself, Mr. ALEX- SUBMISSION OF CONCURRENT AND kota (Mr. THUNE) was added as a co- ANDER, Mr. WYDEN, Mr. WHITEHOUSE, SENATE RESOLUTIONS sponsor of S. 511, a bill to amend part and Mr. BROWNBACK): The following concurrent resolutions B of title XVIII of the Social Security S. 701. A bill to amend title XVIII of the Act to provide for an exemption of Social Security Act to improve access of and Senate resolutions were read, and referred (or acted upon), as indicated: pharmacies and pharmacists from cer- Medicare beneficiaries to intravenous im- tain Medicare accreditation require- mune globulins (IVIG); to the Committee on By Mr. TESTER (for himself and Mr. Finance. BAUCUS): ments in the same manner as such ex- By Mr. GRASSLEY (for himself, Mrs. S. Res. 85. A resolution congratulating the emption applies to certain profes- LINCOLN, Ms. SNOWE, Mr. ENSIGN, Ms. Rocky Mountain College Battlin’ Bears for sionals. COLLINS, Ms. KLOBUCHAR, and Mr. winning the 2009 National Association of S. 527 GRAHAM): Intercollegiate Athletics Men’s Basketball At the request of Mr. THUNE, the S. 702. A bill to amend the Internal Rev- National Championship; to the Committee name of the Senator from Kansas (Mr. on the Judiciary. enue Code of 1986 to allow long-term care in- BROWNBACK) was added as a cosponsor surance to be offered under cafeteria plans f of S. 527, a bill to amend the Clean Air and flexible spending arrangements and to Act to prohibit the issuance of permits provide additional consumer protections for ADDITIONAL COSPONSORS under title V of that Act for certain long-term care insurance; to the Committee S. 277 emissions from agricultural produc- on Finance. At the request of Mr. KAUFMAN, his By Mr. SANDERS: name was added as a cosponsor of S. tion. S. 703. A bill to provide for health care for 277, a bill to amend the National and S. 546 every American and to control the cost and Community Service Act of 1990 to ex- At the request of Mr. REID, the name enhance the quality of the health care sys- of the Senator from Alabama (Mr. SES- tem; to the Committee on Finance. pand and improve opportunities for service, and for other purposes. SIONS) was added as a cosponsor of S. By Mr. HARKIN (for himself and Mr. 546, a bill to amend title 10, United BURR): At the request of Mr. AKAKA, his name was added as a cosponsor of S. States Code, to permit certain retired S. 704. A bill to direct the Comptroller members of the uniformed services who General of the United States to conduct a 277, supra. have a service-connected disability to study on the use of Civil Air Patrol per- S. 355 receive both disability compensation sonnel and resources to support homeland se- At the request of Mr. DURBIN, the from the Department of Veterans Af- curity missions, and for other purposes; to name of the Senator from Connecticut the Committee on Homeland Security and fairs for their disability and either re- (Mr. LIEBERMAN) was added as a co- Governmental Affairs. tired pay by reason of their years of sponsor of S. 355, a bill to enhance the By Mr. KERRY (for himself, Mr. military service or Combat-Related capacity of the United States to under- LUGAR, Mr. KAUFMAN, and Mr. Special Compensation. MENENDEZ): take global development activities, and S. 547 S. 705. A bill to reauthorize the programs for other purposes. At the request of Mr. BINGAMAN, the of the Overseas Private Investment Corpora- S. 475 tion, and for other purposes; to the Com- name of the Senator from Oregon (Mr. At the request of Mr. BURR, the name MERKLEY) was added as a cosponsor of mittee on Foreign Relations. of the Senator from Illinois (Mr. By Mr. MENENDEZ: S. 547, a bill to amend title XIX of the BURRIS) was added as a cosponsor of S. Social Security Act to reduce the costs S. 706. A bill to increase housing, aware- 475, a bill to amend the ness, and navigation demonstration services of prescription drugs for enrollees of (HANDS) for individuals with autism spec- Servicemembers Civil Relief Act to Medicaid managed care organizations trum disorders; to the Committee on Health, guarantee the equity of spouses of mili- by extending the discounts offered Education, Labor, and Pensions. tary personnel with regard to matters under fee-for-service Medicaid to such By Mr. AKAKA (for himself and Mr. of residency, and for other purposes. organizations. VOINOVICH): S. 476 S. 614 S. 707. A bill to enhance the Federal At the request of Mrs. BOXER, the At the request of Mrs. HUTCHISON, the Telework Program; to the Committee on names of the Senator from Oregon (Mr. Homeland Security and Governmental Af- name of the Senator from Missouri WYDEN) and the Senator from Alabama fairs. (Mr. BOND) was added as a cosponsor of By Mr. AKAKA (for himself, Mr. (Mr. SESSIONS) were added as cospon- S. 614, a bill to award a Congressional INOUYE, Ms. MURKOWSKI, and Mr. sors of S. 476, a bill to amend title 10, Gold Medal to the Women Airforce BEGICH): United States Code, to reduce the min- Service Pilots (‘‘WASP’’). S. 708. A bill to express the policy of the imum distance of travel necessary for S. 622 United States regarding the United States reimbursement of covered beneficiaries At the request of Mrs. FEINSTEIN, the relationship with Native Hawaiians, to pro- of the military health care system for name of the Senator from Pennsyl- vide a process for the reorganization of a Na- travel for specialty health care. vania (Mr. SPECTER) was added as a co- tive Hawaiian government and the recogni- S. 491 tion by the United States of the Native Ha- sponsor of S. 622, a bill to ensure parity waiian government, and for other purposes; At the request of Mr. WEBB, the name between the temporary duty imposed to the Committee on Indian Affairs. of the Senator from South Dakota (Mr. on ethanol and tax credits provided on By Mrs. FEINSTEIN (for herself and JOHNSON) was added as a cosponsor of ethanol. Mrs. BOXER): S. 491, a bill to amend the Internal S. 631 S. 709. A bill to better provide for com- Revenue Code of 1986 to allow Federal At the request of Mr. KOHL, the name pensation for certain persons injured in the civilian and military retirees to pay of the Senator from Georgia (Mr. course of employment at the Santa Susana health insurance premiums on a pretax ISAKSON) was added as a cosponsor of S. Field Laboratory in California; to the Com- basis and to allow a deduction for 631, a bill to provide for nationwide ex- mittee on Health, Education, Labor, and TRICARE supplemental premiums. Pensions. pansion of the pilot program for na- By Mr. SCHUMER (for himself and Mr. S. 493 tional and State background checks on UDALL of Colorado): At the request of Mr. CASEY, the direct patient access employees of S. 710. A bill to prohibit unfair or deceptive name of the Senator from Pennsyl- long-term care facilities or providers. acts or practices relating to gift certificates, vania (Mr. SPECTER) was added as a co- S. 654 store gift cards, and other general-use pre- sponsor of S. 493, a bill to amend the At the request of Mr. BUNNING, the paid cards, and for other purposes; to the Internal Revenue Code of 1986 to pro- name of the Senator from Arkansas Committee on Banking, Housing, and Urban vide for the establishment of ABLE ac- (Mrs. LINCOLN) was added as a cospon- Affairs. counts for the care of family members By Mr. BAUCUS: sor of S. 654, a bill to amend title XIX with disabilities, and for other pur- of the Social Security Act to cover S. 711. A bill to require mental health poses. screenings for members of the Armed Forces physician services delivered by who are deployed in connection with a con- S. 511 podiatric physicians to ensure access tingency operation, and for other purposes; At the request of Mr. BROWNBACK, the by Medicaid beneficiaries to appro- to the Committee on Armed Services. name of the Senator from South Da- priate quality foot and ankle care.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.095 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3786 CONGRESSIONAL RECORD — SENATE March 25, 2009 S. 661 S. 690. A bill to amend the which constitute the Oriole’s main At the request of Mr. BINGAMAN, the Neotropical Migratory Bird Conserva- diet. This legislation will help ensure names of the Senator from Massachu- tion Act to reauthorize the Act; to the that the broad range of migratory setts (Mr. KERRY) and the Senator from Committee on Environment and Public birds, from the Cerulean Warbler to the New York (Mr. SCHUMER) were added as Works. Baltimore Oriole, will have the healthy cosponsors of S. 661, a bill to strength- Mr. CARDIN. Mr. President, today I habitat they need on both ends of their en American manufacturing through am introducing the Neotropical Migra- annual migration routes so they can improved industrial energy efficiency, tory Bird Conservation Act with the continue to play their vital biological, and for other purposes. support of my colleagues, Mr. CRAPO, recreational, and economic roles. S. 663 Mr. LEAHY, Mr. LIEBERMAN, Mr. Congress passed the Neotropical Mi- At the request of Mr. NELSON of Ne- MENENDEZ, and Mr. NELSON. This bill gratory Bird Conservation Act of 2000 braska, the name of the Senator from supports habitat protection, education, and it became public law 106–527. It au- Pennsylvania (Mr. CASEY) was added as research, monitoring, and capacity thorized an annual $5 million for each a cosponsor of S. 663, a bill to amend building to provide for the long-term of the fiscal years 2001 through 2005. title 38, United States Code, to direct protection of neotropical migratory Since 2002, the U.S. has invested more the Secretary of Veterans Affairs to es- birds. It does this by providing grants than $25 million in 262 projects in 44 tablish the Merchant Mariner Equity to countries in Latin America and the U.S. states, Canada, and 33 Latin Compensation Fund to provide benefits Caribbean for the conservation of these American and Caribbean countries, and to certain individuals who served in birds, through a U.S. Fish and Wildlife leveraged an additional $112 million in the United States merchant marine Service competitive matching grants partner funds to support these projects. (including the Army Transport Service program. Up to one-quarter of the an- The reauthorization legislation would and the Naval Transport Service) dur- nual grants can also be used for authorize $8 million for fiscal year 2010, ing World War II. projects in the United States. Projects gradually escalating to $20 million for S. 671 include activities that benefit bird pop- fiscal year 2015, in order to meet ex- At the request of Mrs. LINCOLN, the ulations, such as habitat restoration, panding funding needs. name of the Senator from California research and monitoring, law enforce- Mr. President, I ask unanimous con- (Mrs. BOXER) was added as a cosponsor ment, and outreach and education. sent that the text of the bill be printed of S. 671, a bill to amend title XVIII of Neotropical migratory birds breed in in the RECORD. the Social Security Act to provide for Canada and the U.S. during our sum- There being no objection, the text of the coverage of marriage and family mer and spend our winters in Latin the bill was ordered to be printed in therapist services and mental health America and the Caribbean. There are the RECORD, as follows: counselor services under part B of the nearly 500 species of these birds, and S. 690 Medicare program, and for other pur- they face a range of threats, including Be it enacted by the Senate and House of Rep- poses. development pressures, invasive spe- resentatives of the United States of America in cies, climate change, and avian dis- S. 676 Congress assembled, eases. Protecting these birds requires At the request of Mr. SCHUMER, the SECTION 1. REAUTHORIZATION OF international cooperation. NEOTROPICAL MIGRATORY BIRD names of the Senator from North Caro- The NMBCA program has a proven CONSERVATION ACT. lina (Mr. BURR), the Senator from track record of reversing habitat loss Section 10 of the Neotropical Migratory Georgia (Mr. CHAMBLISS) and the Sen- and advancing conservation strategies Bird Conservation Act (16 U.S.C. 6109) is ator from Georgia (Mr. ISAKSON) were amended to read as follows: for the broad range of neotropical birds added as cosponsors of S. 676, a bill to ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. that populate the United States and amend the Internal Revenue Code of ‘‘(a) IN GENERAL.—There are authorized to the rest of the Western hemisphere. 1986 to modify the tax rate for excise be appropriated to carry out this Act, to re- The public-private partnerships and tax on investment income of private main available until expended— international collaboration provided foundations. ‘‘(1) $8,000,000 for fiscal year 2010; by this program are integral to pre- ‘‘(2) $11,000,000 for fiscal year 2011; AMENDMENT NO. 688 serving vulnerable bird populations. ‘‘(3) $13,000,000 for fiscal year 2012; At the request of Mr. CRAPO, the Just as importantly, this Federal pro- ‘‘(4) $16,000,000 for fiscal year 2013; name of the Senator from Georgia (Mr. gram is a good value for taxpayers, ‘‘(5) $18,000,000 for fiscal year 2014; and CHAMBLISS) was added as a cosponsor of leveraging over four dollars in partner ‘‘(6) $20,000,000 for fiscal year 2015. amendment No. 688 proposed to H.R. ‘‘(b) USE OF FUNDS.—Of the amounts made contributions for every one that we available under subsection (a) for each fiscal 1388, a bill to reauthorize and reform spend. the national service laws. year, not less than 75 percent shall be ex- Migratory birds are not only beau- pended for projects carried out at a location AMENDMENT NO. 691 tiful creatures eagerly welcomed by outside of the United States.’’. At the request of Mr. DORGAN, the millions of Americans into their back- names of the Senator from South Da- yards every year; they help generate By Mr. BENNET (for himself and kota (Mr. JOHNSON) and the Senator $2.7 billion annually for the U.S. econ- Mr. UDALL of Colorado): from Alaska (Mr. BEGICH) were added omy through wildlife watching activi- S. 691. A bill to direct the Secretary as cosponsors of amendment No. 691 ties, and they help our farmers by con- of Veterans Affairs to establish a na- proposed to H.R. 1388, a bill to reau- suming billions of harmful insect pests. tional cemetery for veterans in south- thorize and reform the national service Bird watchers include over 48 million ern Colorado region, and for other pur- laws. Americans, 20 million of whom take poses; to the Committee on Veterans’ AMENDMENT NO. 692 annual trips to watch birds. In 2006, 20 Affairs. At the request of Mr. BAUCUS, the million American wildlife watchers Mr. UDALL of Colorado. Mr. Presi- names of the Senator from Maine (Ms. spent $12.8 billion on trip-related ex- dent, I am proud to join today with my SNOWE) and the Senator from Massa- penditures. Americans spend $3.3 bil- colleague and fellow Coloradan Senator chusetts (Mr. KERRY) were added as co- lion each year on bird food. 16 million MICHAEL BENNET in introducing legisla- sponsors of amendment No. 692 pro- Americans spend $790 million each year tion to create a national veterans’ posed to H.R. 1388, a bill to reauthorize on bird houses, nest boxes, feeders, and cemetery in El Paso County, CO, and and reform the national service laws. baths. provide a respectful final resting place f The Baltimore Oriole, the state bird that our Colorado veterans so deserve. of my state of Maryland, migrates in In a few months, we will honor those STATEMENTS ON INTRODUCED flocks to southern Mexico, Central who made the ultimate sacrifice in de- BILLS AND JOINT RESOLUTIONS America, and northern South America. fending our Nation, as we celebrate Me- By Mr. CARDIN (for himself, Mr. The Oriole has recently been threat- morial Day weekend. On that weekend, CRAPO, Mr. LEAHY, Mr. ened by destruction of breeding habitat friends and family members of our de- LIEBERMAN, Mr. MENENDEZ, and and tropical winter habitat, and by parted veterans will go to Veterans Af- Mr. NELSON, of Florida): toxic pesticides ingested by the insects fairs, VA, cemeteries throughout the

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.075 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3787 country to honor the memory of their (1) appropriate officials of the State of Col- untold hundreds of billions on pills, loved ones. Unfortunately, too many orado and local officials in the southern Col- surgery, hospitalization, and disability. family members will have to travel far orado region; and But we spend peanuts about 3 percent too many miles to pay their respects. (2) appropriate officials of the United of our health-care dollars for preven- States, including the Administrator of Gen- Even worse, the long distance that eral Services, with respect to land belonging tion. There are huge, untapped oppor- some veterans’ survivors must travel to the United States in El Paso County, Col- tunities in the area of wellness and pre- will prevent them from making the orado, that would be suitable to establish vention. trip at all. the national cemetery under subsection (a). Last fall, I was honored to be asked This is true of the loved ones of vet- (c) AUTHORITY TO ACCEPT DONATION OF PAR- by Senator KENNEDY to lead the erans in southern Colorado, whose pop- CEL OF LAND.— Health, Education, Labor and Pension ulation features one of the highest con- (1) IN GENERAL.—The Secretary of Veterans Committee’s working group on Preven- centrations of veterans in the Nation. Affairs may accept on behalf of the United tion and Public Health in our health The vast majority of veterans in south- States the gift of an appropriate parcel of reform efforts. I am a long-time be- real property. The Secretary shall have ad- liever that prevention and wellness are ern Colorado are located far outside of ministrative jurisdiction over such parcel of a 75-mile radius of the nearest VA real property, and shall use such parcel to the keys to solving our health care cri- cemeteries, Fort Logan National Ceme- establish the national cemetery under sub- sis. Our working group has already tery in Denver and Fort Lyon National section (a). started looking at prevention and pub- Cemetery in Bent County. (2) INCOME TAX TREATMENT OF GIFT.—For lic health-based solutions. We have For nearly a decade, it has been a purposes of Federal income, estate, and gift held three hearings so far. First, we goal of the Pikes Peak Veterans Ceme- taxes, the real property accepted under para- laid down the case for why prevention tery Committee, as well as the Depart- graph (1) shall be considered as a gift to the and public health strategies are so im- United States. ment of Colorado Veterans of Foreign portant to improving health care. We (d) REPORT.—As soon as practicable after Wars, the Colorado chapters of the the date of the enactment of this Act, the heard from a variety of experts, includ- American Legion, the Paralyzed Vet- Secretary shall submit to Congress a report ing health economists and successful erans of America, and the Association on the establishment of the national ceme- health promotion programs in the cor- for Service Disabled Veterans, to bring tery under subsection (a). The report shall porate world and in small commu- a national cemetery to El Paso County. set forth a schedule for such establishment nities. It was clear that prevention In the last Congress, Representative and an estimate of the costs associated with works and that we can not afford not such establishment. JOHN SALAZAR introduced legislation to do it. Next, we heard from a number (e) SOUTHERN COLORADO REGION DEFINED.— of States about the innovative things that would address this issue, and I In this Act, the term ‘‘southern Colorado re- supported that legislation along with gion’’ means the geographic region con- they are doing to improve public other members of the Colorado delega- sisting of the following Colorado counties: health and encourage wellness. We tion. (1) El Paso. heard about universal coverage in Mas- That bill, H.R. 1660, passed the House (2) Pueblo. sachusetts, improving quality and re- of Representatives unanimously by (3) Teller. ducing cost in North Carolina’s Med- voice vote, highlighting the support (4) Fremont. icaid program, and emphasizing pre- southern Colorado veterans have re- (5) Las Animas. vention and chronic care management ceived from the entire Nation for the (6) Huerfano. in Iowa. Some truly groundbreaking ef- (7) Custer. establishment of a VA cemetery in El (8) Costilla. forts are already underway in many Paso County. Unfortunately, the Sen- (9) Alamosa. states. Finally, we held a hearing ate did not act on this bill in the last (10) Saguache. about access to public health and Congress. (11) Conejos. wellness services for vulnerable popu- I hope—and I know that veterans (12) Mineral. lations. We heard about some creative throughout Colorado hope—that this (13) Archuleta. solutions addressing public health dis- year will be different. Representative (14) Hinsdale. parities for children, seniors, individ- (15) Gunnison. SALAZAR has again introduced a House uals with disabilities, and folks in bill, and today we introduce the Senate (16) Pitkin. (17) La Plata. rural areas. In all of our hearings, we companion. Senator BENNET and I will (18) Montezuma. have learned a great deal about what work hard to raise awareness of the (19) San Juan. we are doing right to make prevention need for a new national cemetery for (20) Ouray. happen. But we have also learned about southern Colorado and get this bill (21) San Miguel. how far we still have to go in making passed in the Senate. We need to en- (22) Dolores. sure that everyone has the opportunity sure that all of our veterans receive (23) Montrose. to become healthier. the recognition they deserve with a (24) Delta. What is abundantly clear to me is final resting place close to their own (25) Mesa. that we can and must do more. We (26) Crowley. communities. (27) Kiowa. have good science behind us, and we Mr. President, I ask unanimous con- (28) Bent. know that there are many proven tech- sent that the text of the bill be printed (29) Baca. niques to make our population in the RECORD. healthier. This is particularly true in There being no objection, the mate- By Mr. HARKIN (for himself, Mr. preventive medicine, where health care rial was ordered to be printed in the ISAKSON, Mr. BINGAMAN, and providers have expertise both in medi- RECORD as follows: Mr. LIEBERMAN): cine and in public health. These are the S. 691 S. 693. A bill to amend the Public people we need to help tackle our grow- Be it enacted by the Senate and House of Rep- Health Service Act to provide grants ing obesity epidemic, the alarming resentatives of the United States of America in for the training of graduate medical trends in cardiovascular disease and Congress assembled, residents in preventive medicine; to drug-resistant bacterial infections. SECTION 1. ESTABLISHMENT OF NATIONAL CEM- the Committee on Health, Education, They can both treat patients and ad- ETERY IN SOUTHERN COLORADO REGION. Labor, and Pensions. dress public health concerns. They un- (a) IN GENERAL.—The Secretary of Vet- Mr. HARKIN. Mr. President, I am derstand both the physiology of disease erans Affairs shall establish, in accordance here today to lay the foundation for and the population effects of disease. with chapter 24 of title 38, United States what I hope will be a broad effort to re- They know how to provide the best Code, a national cemetery in El Paso Coun- form our health care system. In these care for the patient and the broader ty, Colorado, to serve the needs of veterans troubled economic times, it has never population. and their families in the southern Colorado been more clear that our current sys- When tens of millions of Americans region. (b) CONSULTATION IN SELECTION OF SITE.— tem is broken. I have said many times suffer from preventable diseases such Before selecting the site for the national that we do not have a ‘‘health’’ care as type 2 diabetes, heart disease, and cemetery established under subsection (a), system, we have a ‘‘sick’’ care system. some types of cancer we need experts the Secretary shall consult with— If you are sick, you get care. We spend in preventive medicine. And even

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.107 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3788 CONGRESSIONAL RECORD — SENATE March 25, 2009 though the need is growing, our work society, have an obligation to do all we tion that will make a positive—and force in preventive medicine is shrink- can to better include individuals with needed—difference in the lives of indi- ing. We are not training enough pre- disabilities within our communities viduals with intellectual disabilities ventive medicine specialists, and our and help them to reach their full po- and in the lives of those with whom capacity to do so is being limited. tential. they develop relationships through the Though there were 90 preventive medi- Yet, as one study on teen attitudes Best Buddies program. cine residency programs in 1999, today notes: ‘‘Legal mandates cannot, how- Mr. President, I ask unanimous con- there are only 71. Today, I am intro- ever, mandate acceptance by peers, sent that the text of the bill be printed ducing legislation, along with Senators neighbors, fellow employees, employers in the RECORD. ISAKSON, BINGAMAN and LIEBERMAN, to or any of the other groups of individ- There being no objection, the text of make sure that we train enough profes- uals who directly impact the lives of the bill was ordered to be printed in sionals in preventive medicine. The people with disabilities.’’ People with the RECORD, as follows: Preventive Medicine and Public Health intellectual disabilities have indeed S. 694 Training Act will provide training gained many rights that have improved Be it enacted by the Senate and House of Rep- their lives; however, negative stereo- resentatives of the United States of America in grants to medical schools, teaching Congress assembled, types abound. Social isolation, unfor- hospitals, schools of public health, and SECTION 1. SHORT TITLE. public health departments to fund ex- tunately, is the norm for too many This Act may be cited as the ‘‘Best Buddies isting programs and in some cases de- people with intellectual disabilities. Empowerment for People with Intellectual velop new residency training programs Early intervention, effective edu- Disabilities Act of 2009’’. in Preventive Medicine. This bill is de- cation, and appropriate support all go a SEC. 2. FINDINGS AND PURPOSE. signed with one simple goal in mind: to long way toward helping individuals (a) FINDINGS.—Congress finds the fol- improve and increase our prevention with intellectual disabilities achieve lowing: workforce. We have seen how an ounce the best of his or her abilities and lead (1) Best Buddies operates the first national a meaningful life in the community. I social and recreational program in the of prevention really is worth a pound of United States for people with intellectual cure, but we know that we need some- would like to tell you about the accom- disabilities. one to provide that ounce of preven- plishments of Best Buddies, a remark- (2) Best Buddies is dedicated to helping tion. And our bill will help train future able non-profit organization that is people with intellectual disabilities become generations of experts in Preventive dedicated to helping people with intel- part of mainstream society. Medicine. lectual disabilities develop relation- (3) Best Buddies is determined to end social This legislation is a small but vitally ships that will provide the support isolation for people with intellectual disabil- important part of our efforts at health needed to help them reach their poten- ities by promoting meaningful friendships between them and their non-disabled peers in reform. In the coming months, I will be tial. Founded in 1989, Best Buddies is the order to help increase the self-esteem, con- working with HELP Committee Chair- fidence, and abilities of people with and man KENNEDY and other interested only national social and recreational without intellectual disabilities. members to ensure that, as we craft program in the United States for peo- (4) Since 1989, Best Buddies has enhanced legislation to provide health insurance ple with intellectual disabilities. Best the lives of people with intellectual disabil- to all, we do so in a way that guaran- Buddies works to enhance the lives of ities by providing opportunities for 1-to-1 tees that all Americans have access to people with intellectual disabilities by friendships and integrated employment. and take advantage of exemplary pre- providing opportunities for friendship (5) Best Buddies is an international organi- zation spanning 1,300 middle school, high ventive care. We must guarantee that and integrated employment. Through more than one thousand volunteer-run school, and college campuses. our health care system will not just fix (6) Best Buddies implements programs that us when we are sick, but keep us well chapters at middle schools, high will positively impact more than 400,000 indi- throughout our lifetimes. We must lay schools and colleges, students with and viduals in 2009 and expects to impact 500,000 down a marker today to say that re- without intellectual disabilities are people by 2010. forming our health care system means paired up in a one-to-one mentoring (7) The Best Buddies Middle Schools pro- rejecting our current delivery of ‘‘sick friendship. Best Buddies also facili- gram matches middle school students with care’’ and instead strengthening our tates an Internet pen pal program, an intellectual disabilities with other middle school students and supports 1-to-1 friend- ability to provide ‘‘well care’’ through adult friendship program, and a sup- ported employment program. ships between them. preventive medicine. Today’s legisla- (8) The Best Buddies High Schools program tion is just one part of that effort, and Approximately 7,000,000 people in the matches high school students with intellec- I look forward to working with other U.S. have an intellectual disability; tual disabilities with other high school stu- interested Senators to build on this every one of these individuals would dents and supports 1-to-1 friendships between legislation as health care reform moves benefit from the kind of relationships them. forward. that the Best Buddies programs help to (9) The Best Buddies Colleges program establish. The resulting friendships are matches adults with intellectual disabilities By Mr. DODD (for himself and mutually beneficial, increasing the with college students and creates 1-to-1 friendships between them. Mr. HATCH): self-esteem, confidence, and abilities of S. 694. A bill to provide assistance to (10) The Best Buddies e-Buddies program people both with and without intellec- supports e-mail friendships between people Best Buddies to support the expansion tual disabilities. with and without intellectual disabilities. and development of mentoring pro- The legislation we introduce today (11) The Best Buddies Citizens program grams, and for other purposes; to the would allow the Secretary of Education pairs adults with intellectual disabilities in Committee on Health, Education, to award grants to promote the expan- 1-to-1 friendships with other individuals in Labor, and Pensions. sion of the Best Buddies programs and the corporate and civic communities. Mr. DODD. Mr. President, I rise to increase participation in and public (12) The Best Buddies Jobs program pro- today to introduce with Senator ORRIN awareness about these programs. The motes the integration of people with intel- lectual disabilities into the community HATCH the Best Buddies Empowerment bill authorizes $10,000,000 for fiscal year through supported employment. for People with Intellectual Disabil- 2010 and such sums as necessary (b) PURPOSE.—The purposes of this Act are ities Act of 2009. The bill we are intro- through fiscal year 2014. If passed, this to— ducing would help to better integrate legislation would allow Best Buddies to (1) provide support to Best Buddies to in- individuals with intellectual disabil- expand their valuable work and offer crease participation in and public awareness ities into their communities, improve programs in every state in the Amer- about Best Buddies programs that serve peo- their quality of life and promote the ica, helping to create a more inclusive ple with intellectual disabilities; extraordinary gifts of these individ- society with a direct and positive im- (2) dispel negative stereotypes about peo- ple with intellectual disabilities; and uals. pact on more than 1.2 million citizens. (3) promote the extraordinary contribu- I am proud to introduce this bill with I thank my colleague Senator HATCH tions of people with intellectual disabilities. my good friend Senator HATCH. He has for working with me on this important SEC. 3. ASSISTANCE FOR BEST BUDDIES. been a long time leader in the cause of legislation. I urge my colleagues to (a) EDUCATION ACTIVITIES.—The Secretary Americans with disabilities. We, as a join with me in supporting this legisla- of Education may award grants to, or enter

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.033 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3789 into contracts or cooperative agreements tribution to sustaining America’s man- pecially destructive method of coal with, Best Buddies to carry out activities to ufacturing sector is indisputable. In mining. promote the expansion of Best Buddies, in- fiscal year 2008 alone, MEP clients cre- By stopping the issuance of some of cluding activities to increase the participa- ated or retained 57,079 jobs; provided the most destructive permits, today tion of people with intellectual disabilities in social relationships and other aspects of cost savings in excess of $1.44 billion; the administration is sending the right community life, including education and em- and generated over $10.5 billion in signals that the days of mountaintop ployment, within the United States. sales. mining are being relegated to the dust (b) LIMITATIONS.— At present, individual MEP centers bin of the past, where they belong. (1) IN GENERAL.—Amounts appropriated to must raise a full two-thirds of their Today, Senator LAMAR ALEXANDER carry out this Act may not be used for direct funding after their fourth year of oper- and I are introducing bipartisan legis- treatment of diseases, medical conditions, or ation, placing a heavy burden on these lation that will go one step further. mental health conditions. centers. The National Institute of Our bill, the Appalachia Restoration (2) ADMINISTRATIVE ACTIVITIES.—Not more than 5 percent of amounts appropriated to Standards and Technology, NIST, at Act, will make clear that mining carry out this Act for a fiscal year may be the Department of Commerce, in turn, wastes cannot be dumped into our used for administrative activities. provides 1⁄3 of the centers’ funding. streams, smothering them and sending (c) RULE OF CONSTRUCTION.—Nothing in MEP centers can meet their portion of plumes of toxic run-off into ground- this Act shall be construed to limit the use the cost share requirement through water systems. This Cardin-Alexander of non-Federal funds by Best Buddies. funds from universities, State and local legislation amends the Clean Water SEC. 4. APPLICATION AND ANNUAL REPORT. governments, and other institutions. Act, specifically preventing the so- (a) APPLICATION.— In today’s tumultuous economy, called ‘‘excess spoil’’ of mining wastes (1) IN GENERAL.—To be eligible for a grant, these centers are experiencing in- from entering our streams and rivers. contract, or cooperative agreement under section 3(a), Best Buddies shall submit an ap- creased difficulties finding adequate This simple legislation will restore the plication at such time, in such manner, and funding from both private and public Clean Water Act to its original pur- containing such information as the Sec- sources. As economic concerns weigh pose. In doing so, it will stop the retary of Education may require. down on all of us, States, organiza- wholesale destruction of some of Amer- (2) CONTENT.—At a minimum, an applica- tions, and groups that traditionally as- ica’s most beautiful and ecologically tion under this subsection shall contain the sist MEP centers in meeting this cost significant regions. following: share are reluctant to expend the Mountaintop mining produces less (A) A description of activities to be carried money—or do not have the resources to than five percent of the coal mined in out under the grant, contract, or cooperative agreement. do so. the United States. This bill does not (B) Information on specific measurable Our bill is simple and straight- ban other methods of coal mining. In- goals and objectives to be achieved through forward. It would reduce the statutory stead, it is narrowly tailored to stop a activities carried out under the grant, con- cost share that MEP centers face to 50 practice that has earned the condemna- tract, or cooperative agreement. percent for all years of the centers’ op- tion of communities across Appalachia (b) ANNUAL REPORT.— eration. Frankly, the Nation’s MEP as well as citizens across the rest of the (1) IN GENERAL.—As a condition of receipt centers are subject to an unnecessarily country. of any funds under section 3(a), Best Buddies restrictive cost share requirement. It is I applaud the Obama administration shall agree to submit an annual report at inequitable, as the MEP is the only ini- such time, in such manner, and containing for the steps it is taking today, and such information as the Secretary of Edu- tiative out of the 80 programs funded Senator ALEXANDER and I look forward cation may require. by the Department of Commerce that to working with the Administration to (2) CONTENT.—At a minimum, each annual is subject to a statutory cost share of pass the Cardin-Alexander Appalachia report under this subsection shall describe greater than 50 percent. There is no Restoration Act later this year. the degree to which progress has been made reason for this to persist, particularly There being no objection, the text of toward meeting the specific measurable not during this trying economy when the bill was ordered to be printed in goals and objectives described in the applica- so many manufacturers are trying to the RECORD, as follows: tions submitted under subsection (a). remain afloat. S. 696 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. The MEP is an essential resource for Be it enacted by the Senate and House of There are authorized to be appropriated to small and medium manufacturers na- the Secretary of Education for grants, con- Representatives of the United States of America tracts, or cooperative agreements under sec- tionwide. With centers in all 50 States, in Congress assembled, tion 3(a), $10,000,000 for fiscal year 2010, and as well as Puerto Rico, its reach is un- SECTION 1. SHORT TITLE. such sums as may be necessary for each of matched and its experience in coun- This Act may be cited as the ‘‘Appa- the 4 succeeding fiscal years. seling manufacturers is unrivaled. It is lachia Restoration Act’’. my hope that my colleagues will sup- SEC. 2. FILL MATERIAL. By Ms. SNOWE (for herself, Mr. port this legislation as a direct way to Section 502 of the Federal Water Pollu- KOHL, Ms. STABENOW, Mr. bolster an industry that is indispen- tion Control Act (33 U.S.C. 1362) is amended BROWN, and Mr. LIEBERMAN): sable to our Nation’s economy health. by adding at the end the following: S. 695. A bill to authorize the Sec- ‘‘(26) FILL MATERIAL.— retary of Commerce to reduce the By Mr. CARDIN (for himself and ‘‘(A) IN GENERAL.—The term ‘fill mate- rial’ means any pollutant that— matching requirement for participants Mr. ALEXANDER): ‘‘(i) replaces a portion of the waters of in the Hollings Manufacturing Partner- S. 696. A bill to amend the Federal the United States with dry land; or ship Program; to the Committee on Water Pollution Control Act to include ‘‘(ii) modifies the bottom elevation of a Commerce, Science, and Transpor- a definition of fill material; to the body of water for any purpose. tation. Committee on Environment and Public ‘‘(B) EXCLUSIONS.—The term ‘fill mate- Ms. SNOWE. Mr. President, I rise Works. rial’ does not include— today in support of critical legislation Mr. CARDIN. Mr. President, today ‘‘(i) the disposal of excess spoil material that I am introducing, along with Sen- the Obama administration is taking an (as described in section 515(b)(22) of the Sur- face Mining Control and Reclamation Act (30 ators KOHL, STABENOW, BROWN, and important first step in ending moun- U.S.C. 1265(b)(22))) in waters of the United LIEBERMAN, to reduce the cost share taintop mining, one of the most envi- States; or amount that the Manufacturing Exten- ronmentally destructive practices cur- ‘‘(ii) trash or garbage.’’. sion Partnership, or MEP, faces in ob- rently in use in this country. More taining its annual funding. The MEP is than 1 million acres of Appalachia have By Mr. FEINGOLD (for himself, a nationwide public-private network of already been destroyed. An estimated Mr. GRAHAM, and Ms. COLLINS): counseling and assistance centers that 1,200 miles of headwater streams have S. 698. A bill to ensure the provision provide our nation’s nearly 350,000 been buried under tons of mining of high-quality health care coverage small and medium manufacturers with wastes. Over 500 mountains have been for uninsured individuals through services and access to resources that permanently scarred. Homes have been State health care coverage pilot enhance growth, improve productivity, ruined and drinking water supplies projects that expand coverage and ac- and expand capacity. The MEP’s con- contaminated. It is time to end this es- cess and improve quality and efficiency

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.082 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3790 CONGRESSIONAL RECORD — SENATE March 25, 2009 in the health care system; to the Com- approximately $56,000,000,000 in uncom- care reform, we both agree that this mittee on Health, Education, Labor, pensated care in 2008. Government pro- legislation presents a viable solution to and Pensions. grams finance about 75 percent of un- the logjam preventing reform. It may Mr. FEINGOLD. Mr. President, there compensated care. The cost of the un- well be that, with a new President and is a crisis facing our country, a crisis insured weighs heavily on our collec- a new Congress, that logjam is already that directly affects the lives of almost tive conscience, as well. In my home broken. I hope that is the case, as I 50 million people in the U.S., and that State of Wisconsin alone, it is esti- have long said that a single-payer indirectly affects many more. The cri- mated that 250 Wisconsinites, or 5 peo- health care system is what I prefer for sis is the lack of universal health in- ple each week, died in 2006 because our country. I also recognize that there surance in America, and its effects are they did not have health insurance. are strong obstacles to enacting real rippling through our families, our com- The U.S. is the only industrialized reform, and that we may need the sup- munities, and our economy. It is the nation that does not guarantee health port of members of Congress with dif- number one issue that I hear about in care for its citizens. In other countries, ferent views on this topic. Senator Wisconsin, and it is the number one if someone is sick, they get proper care GRAHAM would like to see health care issue for many Americans. Neverthe- regardless of ability to pay. In our privatized and see a base, catastrophic less, for too long, Congress has been country, that is not the case. It is un- coverage offered to everyone. Despite locked in a stalemate when it comes to acceptable for a nation as great as our disagreements about the form that health reform, refusing to move for- America to not provide good health health care reform should take, we ward on this life-threatening problem care for all our citizens. We are failing agree on this legislation. because of party politics and special in- those in need. We are failing the hard- With the election of Barack Obama, terests. That is why, for the past few working family that cannot afford the Americans have a real opportunity to Congresses, I have introduced with the insurance offered to them. We are fail- reform our health care system. I look Senator from South Carolina, LINDSEY ing the uninsured children whose par- forward to consideration of health care GRAHAM, the State-Based Health Care ents do not have any access to insur- reform this Congress, and I do not in- Reform Act. ance. We are failing low-income Ameri- tend to push this bill as an alternative Senator GRAHAM and I are from oppo- cans and middle-income Americans to broader efforts. But I do think our site ends of the political spectrum, we alike. This is not right. We can do bet- proposal may help provide ideas about are from different areas of the country, ter. how to bring together Democrats and and we have different views on health Even for those Americans who cur- Republicans on this issue. care. But we agree that something rently have health insurance through Under our proposal, States can be needs to be done about health care in their employer, the risk of becoming creative in the State resources they our country. Every day, all over our uninsured is very real. Large busi- use to expand health care coverage. nation, Americans suffer from medical nesses are finding themselves less com- For example, a State can use personal conditions that cause them pain and petitive in the global market because or employer mandates for coverage, use even change the way they lead their of skyrocketing health care costs. State tax incentives, create a single- lives. Every one of us has either experi- Small businesses are finding it difficult payer system or even join with neigh- enced this personally or through a fam- to offer insurance to employees while boring States to offer a regional health ily member suffering from cancer, Alz- staying competitive in their own com- care plan. The proposals are subject heimer’s, diabetes, genetic disorders, munities. Our health care system has only to the approval of the newly cre- mental illness or some other condition. failed to keep costs in check, and there ated Health Care Coverage Task Force, The disease takes its toll on both indi- is simply no way we can expect busi- which will be composed of health care viduals and families, as trips to the nesses to keep up. More and more, em- experts, consumers, and representa- hospital for treatments such as chemo- ployers are forced to increase employee tives from groups affected by health therapy test the strength of the person cost-sharing or to offer sub-par bene- care reform. This Task Force will be and the family affected. This is an in- fits, or no benefits at all. Employers responsible for choosing viable State credibly difficult situation for anyone. cannot be the sole provider of health projects and ensuring that the projects But for the uninsured and under- care when these costs are rising faster are effective. The Task Force will also insured, the suffering goes beyond than inflation. help the States develop projects, and physical discomfort. These Americans I travel to each of Wisconsin’s 72 will continue a dialogue with the bear the additional burden of won- counties every year to hold townhall States in order to facilitate a good re- dering where the next dollar for their meetings. Almost every year, the num- lationship between the State and Fed- health care bills will come from; wor- ber one issue raised at these listening eral Governments. ries of going into debt; worries of going sessions is the same—health care. The The Task Force is also charged with bankrupt because of health care needs. failure of our health care system brings making sure that the State plans meet When illness strikes families, the last people to these meetings in droves. certain minimal requirements. First, thing they should have to think about These people used to think Govern- the State plans must include specific is money, but for many in our country, ment involvement was a terrible idea, target dates for decreasing the number this is a persistent burden that causes but not anymore. Now they come of uninsured, and must also identify a additional stress and hopelessness armed with their frustration, their set of minimum benefits for every cov- when they are ill. anger, and their desperation, and they ered individual. These benefits must be It is difficult to do justice to the tell me that their businesses and their comparable to health insurance offered magnitude of the uninsurance problem, lives are being destroyed by health to Federal employees. Second, the but I want to share a few astounding care costs, and they want the Govern- State plans must include a mechanism statistics. The need for health care re- ment to step in. to guarantee that the insurance is af- form has reached crisis proportions in I am pleased to be joined by Senator fordable. Americans should not go America, with over 46 million Ameri- GRAHAM in introducing the State-Based broke trying to keep healthy, and cans uninsured. As a result of our cur- Health Care Reform Act. In short, this health care reform should ensure that rent economic crisis, that number is bill establishes a pilot project to pro- individual costs are manageable. The climbing by the day. In December of vide States with the resources needed State-Based Health Care Reform Act 2008 and January of 2009, it is estimated to implement universal health care re- bases affordability on income. that 14,000 Americans lost their access form. The bill does not dictate what Another provision in this legislation to health care each day; in Wisconsin, kind of reform the States should imple- requires that the States contribute to 230 people each day lost access to care ment, it just provides an incentive for paying for their new health care pro- during these 2 months. The cost of pro- action, provided States meet certain grams. The Federal Government will viding care to the uninsured weighs minimum coverage and low-income re- provide matching funds based on en- heavily on the U.S. economy. Accord- quirements. hanced FMAP—the same standard used ing to research done by the journal Even though Senator GRAHAM and I for SCHIP—and will then provide an Health Affairs, the uninsured received support different methods of health additional 5 percent. States that can

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.102 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3791 afford to provide more are encouraged wealth Fund, it is estimated that over health due to forgone medical treat- to, but the matching requirement will 1.5 million SSDI beneficiaries are in ment. Many individuals are forced to ensure the financial viability of the the Medicare waiting period at any sell their homes or go bankrupt. Even bill and State buy-in. Other than these given time, ‘‘all of whom are unable to more tragically, more than 16,000 dis- requirements, the States largely have work because of their disability and abled beneficiaries annually, about 4 flexibility to design a plan that works most of whom have serious health percent of beneficiaries, do not make it best for their respective residents. The problems, low incomes, and limited ac- through the waiting period. They die possibilities for reform are wide open. cess to health insurance.’’ Nearly 39 before their Medicare coverage ever be- One of the main criticisms of Federal percent of these individuals do not gins. Government spending on health care is have health insurance coverage for Removing the waiting period is well that it is expensive and increases the some point during the waiting period worth the expense. According to the deficit. My legislation is fully offset, and 26 percent have no health insur- Commonwealth Fund, analyses have ensuring that it will not increase the ance during this period. shown providing men and women with deficit. The bill does not avoid making The stated reason at the time was to Medicare at the time that Social Secu- the tough budget choices that need to limit the fiscal cost of the provision. rity certifies them as disabled would be made if we are going to pay for However, I would assert that there is cost $8.7 billion annually. This cost health care reform. no reason, be it fiscal or moral, to tell would be partially offset by $4.3 billion We need a solution for a broken sys- people that they must wait longer than in reduced Medicaid spending, which tem where millions are uninsured, and 2 years after becoming severely dis- many individuals require during the where businesses and Americans are abled before we provide them access to waiting period. In addition, untold ex- struggling under the burden of health much needed health care. penses borne by the individuals in- care costs. In fact, it is important to note that volved could be avoided, as well as the It has been over 10 years since the there really are actually three waiting costs of charity care on which many last serious debate over health care re- periods that are imposed upon people depend. Moreover, there may be addi- form was killed by special interests seeking to qualify for SSDI. First, tional savings to the Medicare program and the soft money contributions they there is the disability determination itself, which often has to bear the ex- used to corrupt the legislative process. process through the Social Security pense of addressing the damage done The legislative landscape is now much Administration, which often takes during the waiting period. During this different. Soft money can no longer be many months or even longer than a time, deferred health care can worsen used to set the agenda, and businesses year in some cases. Second, once a conditions, creating additional health and workers are crying out as never be- worker has been certified as having a problems and higher costs. fore for Congress to do something severe or permanent disability, they Further exacerbating the situation, about the country’s health care crisis. must wait an additional five months some beneficiaries have had the unfor- We are fortunate to live in a country before receiving their first SSDI check. tunate fate of having received SSI and that has been abundantly blessed with And third, after receiving that first Medicaid coverage, applied for SSDI, democracy and wealth, and yet there SSDI check, there is the 2-year period and then lost their Medicaid coverage are those in our society whose daily that people must wait before their because they were not aware the health struggles overshadow these Medicare coverage begins. change in income when they received blessings. That is an injustice, but it is What happens to the health and well- SSDI would push them over the finan- one we can and must address. Dr. Mar- being of people waiting more than 21⁄2 cial limits for Medicaid. In such a case, tin Luther King, Jr., said, ‘‘Of all the years before they finally receive criti- and let me emphasize this point, the forms of inequality, injustice in health cally needed Medicare coverage? Ac- Government is effectively taking their care is the most shocking and inhu- cording to Karen Davis, president of health care coverage away because mane.’’ It is long past time for Con- the Commonwealth Fund, which has they are so severely disabled. gress to heed these words and end this conducted several important studies on Therefore, for some in the waiting terrible inequality. the issue, ‘‘Individuals in the waiting period, their battle is often as much period for Medicare suffer from a broad with the Government as it is with their By Mr. BINGAMAN (for himself, range of debilitating diseases and are medical condition, disease, or dis- Mr. BROWN and Ms. COLLINS): in urgent need of appropriate medical ability. S. 700. A bill to amend title II of the care to manage their conditions. Elimi- Nobody could possibly think this Social Security Act to phase out the nating the 2-year wait would ensure ac- makes any sense. 24-month waiting period for disabled cess to care for those already on the As the Medicare Rights Center has individuals to become eligible for Medi- way to Medicare.’’ said, ‘‘By forcing Americans with dis- care benefits, to eliminate the waiting Again, we are talking about individ- abilities to wait 24 months for Medi- period for individuals with life-threat- uals that have been determined to be care coverage, the current law effec- ening conditions, and for other pur- unable to engage in any ‘‘substantial, tively sentences these people to inad- poses; to the Committee on Finance. gainful activity’’ because of either a equate health care, poverty, or death. Mr. BINGAMAN. Mr. President, I rise physical or mental impairment that is . . . Since disability can strike anyone, today along with my colleagues, Sen- expected to result in death or to con- at any point in life, the 24-month wait- ators BROWN and COLLINS, to introduce tinue for at least 12 months. These are ing period should be of concern to ev- bipartisan legislation entitled Ending people that, by definition, are in more eryone, not just the millions of Ameri- the Medicare Disability Waiting Period need of health coverage than anybody cans with disabilities today.’’ Act of 2009. This legislation would else in our society. The consequences Although elimination of the Medi- phase out the current 2-year waiting are unacceptable and are, in fact, dire. care waiting period will certainly in- period that people with disabilities The majority of people who become crease Medicare costs, it is important must endure after qualifying for Social disabled were, before their disability, to note that there will be some de- Security Disability Insurance, SSDI. In working full-time jobs and paying into crease in Medicaid costs. Medicaid, the interim or as the waiting period is Medicare like all other employed which is financed by both Federal and being phased out, the bill would also Americans. At the moment these men State governments, often provides cov- create a process by which the Sec- and women need coverage the most, erage for a subset of disabled Ameri- retary can immediately waive the just when they have lost their health, cans in the waiting period, as long as waiting period for people with life- their jobs, their income, and their they meet certain income and asset threatening illnesses. health insurance, Federal law requires limits. Income limits are typically at When Medicare was expanded in 1972 them to wait 2 full years to become eli- or below the poverty level, including at to include people with significant dis- gible for Medicare. Many of these indi- just 74 percent of the poverty line in abilities, lawmakers created the 24- viduals are needlessly forced to accu- New Mexico, with assets generally lim- month waiting period. According to an mulate tens-of-thousands of dollars in ited to just $2,000 for individuals and April 2007 report from the Common- healthcare debt or compromise their $3,000 for couples.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.104 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3792 CONGRESSIONAL RECORD — SENATE March 25, 2009 Furthermore, from a continuity of inserting ‘‘, and has been for the waiting pe- SEC. 3. ELIMINATION OF WAITING PERIOD FOR care point of view, it makes little sense riod (as defined in subsection (k)),’’; INDIVIDUALS WITH LIFE-THREAT- (3) in paragraph (2)(C)(ii), by striking ‘‘, ENING CONDITIONS. that somebody with disabilities must (a) IN GENERAL.—Section 226(h) of the So- leave their job and their health pro- including the requirement that he has been entitled to the specified benefits for 24 cial Security Act (42 U.S.C. 426(h)) is amend- viders associated with that plan, move months,’’ and inserting ‘‘, including the re- ed— on to Medicaid, often have a different quirement that the individual has been enti- (1) by redesignating paragraphs (1), (2), set of providers, then switch to Medi- tled to the specified benefits for the waiting and (3) as subparagraphs (A), (B), and (C), re- care and yet another set of providers. period (as defined in subsection (k)),’’; and spectively; The cost, both financial and personal, (4) in the flush matter following para- (2) in the matter preceding subparagraph of not providing access to care or poor- graph (2)(C)(ii)(II)— (A) (as redesignated by paragraph (1)), by in- (A) in the first sentence, by striking ‘‘for serting ‘‘(1)’’ after ‘‘(h)’’; ly coordinated care services for these (3) in paragraph (1) (as designated by seriously ill people during the waiting each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of paragraph (2))— period may be greater in many cases his entitlement or status as a qualified rail- (A) in the matter preceding subparagraph than providing health coverage. road retirement beneficiary described in (A) (as redesignated by paragraph (1)), by in- Finally, private-sector employers paragraph (2), and’’ and inserting ‘‘for each serting ‘‘or any other life-threatening condi- and employees in those risk-pools month beginning after the waiting period (as tion’’ after ‘‘amyotrophic lateral sclerosis would also benefit from the passage of so defined) for which the individual satisfies (ALS)’’; and the bill. As the Commonwealth Fund paragraph (2) and’’; (B) in subparagraph (B) (as redesignated (B) in the second sentence, by striking by paragraph (1)), by striking ‘‘(rather than has noted, ‘‘. . . to the extent that dis- twenty-fifth month)’’; and abled adults rely on coverage through ‘‘the ‘twenty-fifth month of his entitlement’ refers to the first month after the twenty- (4) by adding at the end the following their prior employer or their spouse’s fourth month of entitlement to specified new paragraph: employer, eliminating the waiting pe- benefits referred to in paragraph (2)(C) and’’; ‘‘(2) For purposes of identifying life- riod would also produce savings to em- and threatening conditions under paragraph (1), ployers who provide this coverage.’’ (C) in the third sentence, by striking ‘‘, the Secretary shall compile a list of condi- To address concerns about costs and but not in excess of 78 such months’’. tions that are fatal without medical treat- immediate impact on the Medicare pro- (b) SCHEDULE FOR PHASE-OUT OF WAITING ment. In compiling such list, the Secretary PERIOD.—Section 226 of the Social Security shall— gram, the legislation phases out the ‘‘(A) consult with the Director of the Na- waiting period over a 10-year period. In Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: tional Institutes of Health (including the Of- the interim, the legislation would cre- ‘‘(k) For purposes of subsection (b) (and fice of Rare Diseases), the Director of the ate a process by which others with life- for purposes of section 1837(g)(1) of this Act Centers for Disease Control and Prevention, threatening illnesses could also get an and section 7(d)(2)(ii) of the Railroad Retire- the Director of the National Science Founda- exception to the waiting period. Con- ment Act of 1974), the term ‘waiting period’ tion, and the Institute of Medicine of the Na- gress has previously extended such an means— tional Academy of Sciences; and exception to the waiting period to indi- ‘‘(1) for 2010, 18 months; ‘‘(B) annually review the compassionate ‘‘(2) for 2011, 16 months; allowances list of conditions of the Social viduals with amyotrophic lateral scle- ‘‘(3) for 2012, 14 months; Security Administration.’’. rosis, ALS, also known as Lou Gehrig’s ‘‘(4) for 2013, 12 months; (b) EFFECTIVE DATE.—The amendments disease, and for hospice services. The ‘‘(5) for 2014, 10 months; made by this section shall apply to insurance ALS exception passed the Congress in ‘‘(6) for 2015, 8 months; benefits under title XVIII of the Social Secu- December 2000 and went into effect ‘‘(7) for 2016, 6 months; rity Act with respect to items and services July 1, 2001. Thus, the legislation would ‘‘(8) for 2017, 4 months; furnished in months beginning at least 90 extend the exception to all people with ‘‘(9) for 2018, 2 months; and days after the date of the enactment of this life-threatening illnesses in the wait- ‘‘(10) for 2019 and each subsequent year, 0 Act (but in no case earlier than January 1, months.’’. 2010). ing period. (c) CONFORMING AMENDMENTS.— SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- Mr. President, I ask unanimous con- (1) SUNSET.—Effective January 1, 2019, PORT ON DELAY AND PREVENTION sent that the text of the bill be printed subsection (f) of section 226 of the Social Se- OF DISABILITY CONDITIONS. in the RECORD. curity Act (42 U.S.C. 426) is repealed. (a) STUDY.—The Secretary of Health and There being no objection, the text of (2) MEDICARE DESCRIPTION.—Section Human Services (in this section referred to the bill was ordered to be printed in 1811(2) of such Act (42 U.S.C. 1395c(2)) is as the ‘‘Secretary’’) shall request that the the RECORD, as follows: amended by striking ‘‘entitled for not less Institute of Medicine of the National Acad- than 24 months’’ and inserting ‘‘entitled for S. 700 emy of Sciences conduct a study on the the waiting period (as defined in section range of disability conditions that can be de- Be it enacted by the Senate and House of 226(k))’’. layed or prevented if individuals receive ac- Representatives of the United States of America (3) MEDICARE COVERAGE.—Section cess to health care services and coverage be- in Congress assembled, 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) is fore the condition reaches disability levels. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. amended by striking ‘‘of the later of (A) (b) REPORT.—Not later than the date that (a) SHORT TITLE.—This Act may be cited April 1973 or (B) the third month before the is 2 years after the date of enactment of this as the ‘‘Ending the Medicare Disability Wait- 25th month of such entitlement’’ and insert- Act, the Secretary shall submit to Congress ing Period Act of 2009’’. ing ‘‘of the third month before the first a report containing the results of the Insti- (b) TABLE OF CONTENTS.—The table of month following the waiting period (as de- tute of Medicine study authorized under this contents of this Act is as follows: fined in section 226(k)) applicable under sec- section. tion 226(b)’’. (c) AUTHORIZATION OF APPROPRIATIONS.— Sec. 1. Short title; table of contents. (4) RAILROAD RETIREMENT SYSTEM.—Sec- There is authorized to be appropriated to Sec. 2. Phase-out of waiting period for medi- tion 7(d)(2)(ii) of the Railroad Retirement carry out this section $750,000 for the period care disability benefits. Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amend- of fiscal years 2010 and 2011. Sec. 3. Elimination of waiting period for in- ed— dividuals with life-threatening (A) by striking ‘‘, for not less than 24 By Mr. KERRY (for himself, Mr. conditions. months’’ and inserting ‘‘, for the waiting pe- ALEXANDER, Mr. WYDEN, Mr. Sec. 4. Institute of Medicine study and re- riod (as defined in section 226(k) of the So- WHITEHOUSE, and Mr. port on delay and prevention of cial Security Act); and disability conditions. BROWNBACK): (B) by striking ‘‘could have been entitled S. 701 A bill to amend title XVIII of SEC. 2. PHASE-OUT OF WAITING PERIOD FOR for 24 calendar months, and’’ and inserting MEDICARE DISABILITY BENEFITS. ‘‘could have been entitled for the waiting pe- the Social Security Act to improve ac- (a) IN GENERAL.—Section 226(b) of the So- riod (as defined is section 226(k) of the Social cess of Medicare beneficiaries to intra- cial Security Act (42 U.S.C. 426(b)) is amend- Security Act), and’’. venous immune globulins (IVI); to the ed— (d) EFFECTIVE DATE.—Except as provided Committee on Finance. (1) in paragraph (2)(A), by striking ‘‘, and in subsection (c)(1), the amendments made Mr. KERRY. Mr. President, as we has for 24 calendar months been entitled to,’’ by this section shall apply to insurance bene- move forward with comprehensive and inserting ‘‘, and for the waiting period fits under title XVIII of the Social Security (as defined in subsection (k)) has been enti- Act with respect to items and services fur- health reform we must also not ignore tled to,’’; nished in months beginning at least 90 days that some of our most vulnerable Medi- (2) in paragraph (2)(B), by striking ‘‘, and after the date of the enactment of this Act care beneficiaries are subject to costly, has been for not less than 24 months,’’ and (but in no case earlier than January 1, 2010). bureaucratic red tape which is delaying

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G25MR6.035 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3793 essential, life-saving treatments. Ad- sionate and common sense solution. I ance policies, and only 7 percent of all dressing this problem can both increase believe we can improve the quality of private-sector employees are offered the quality of life for many patients life for PIDD patients and cut inpa- long-term care insurance as a vol- and ease financial burdens for their tient expenses by improving reimburse- untary benefit. medical providers. ment procedures for IVIG treatments Under current law, employees may Between 6,000 and 10,000 Medicare for physicians and outpatient facilities pay for certain health-related benefits, beneficiaries have primary immuno- and allowing for home treatments and which may include health insurance deficiency diseases, PIDD, that require coverage for related services. premiums, co-pays, and disability or intravenous immunoglobulin, IVIG, That is why, today, I am introducing life insurance, on a pre-tax basis under treatment to maintain a healthy im- the Medicare IVIG Access Act, with cafeteria plans and flexible spending mune system. Senators ALEXANDER, WYDEN, arrangements, FSAs. Essentially, an Primary Immunodeficiency Diseases, WHITEHOUSE, and BROWNBACK, to au- employee may elect to reduce his or PIDD, are disorders in which part of thorize the Secretary of Health and her annual salary to pay for these ben- the body’s immune system is missing Human Services to update the payment efits, and the employee does not pay or does not function properly. Un- for IVIG, based on new or existing taxes on the amounts used to pay these treated PIDDs result in frequent life- data, and to provide coverage for re- costs. Employees, however, are explic- threatening infections and debilitating lated items and services currently ex- itly prohibited from paying for the cost illnesses. Even illnesses such as the cluded from the existing Medicare of long-term care insurance coverage common cold or the flu can be deadly home infusion therapy benefit. This tax-free. for someone with PIDD. bill is endorsed by several national or- Our bill would allow employers, for Because of advances in our medical ganizations from the patient and physi- the first time, to offer qualified long- understanding and treatment of pri- cian communities, including the Im- term care insurance to employees mary immune deficiency diseases, indi- mune Deficiency Foundation, GBS/ under FSAs and cafeteria plans. This viduals who in the past would not have CIDP Foundation International, the means employees would be permitted survived childhood are now able to live Jeffrey Modell Foundation, the Clin- to pay for qualified long-term care in- nearly normal lives. While there is still ical Immunology Society, and the Na- surance premiums on a tax-free basis. no cure for PIDD, there are effective tional Patient Advocate Foundation. This would make it easier for employ- treatments available. Nearly 70 percent I hope all my colleagues can support ees to purchase long-term care insur- of primary immune deficient patients this legislation to help patients, physi- ance, which many find unaffordable. use intravenous immunoglobulin, IVIG, cians, caretakers, researchers, and This should also encourage younger in- to maintain their health. dividuals to purchase long-term care Immunoglobulin is a naturally occur- plasma donors. insurance. The younger the person is at ring collection of highly specialized By Mr. GRASSLEY (for himself, proteins, known as antibodies, which the time the long-care insurance con- Mrs. LINCOLN, Ms. SNOWE, Mr. strengthen the body’s immune re- tract is purchased, the lower the insur- ENSIGN, Ms. COLLINS, Ms. sponse. It is derived from human plas- ance premium. KLOBUCHAR, and Mr. GRAHAM): An aging Nation has no time to waste ma donations and is administered in- S. 702. A bill to amend the Internal in preparing for long-term care, and travenously to the patient every three Revenue Code of 1986 to allow long- the need to help people afford long- to four weeks. term care insurance to be offered under Currently, Medicare beneficiaries term care is more pressing than ever. I cafeteria plans and flexible spending needing IVIG treatments are experi- look forward to working with Senators arrangements and to provide additional encing access problems. This is an un- LINCOLN, SNOWE, ENSIGN, COLLINS, consumer protections for long-term intended result of the way Medicare KLOBUCHAR, GRAHAM and all of our care insurance; to the Committee on has determined the payment for IVIG. Senate colleagues toward enacting the In January 2005, the Medicare Mod- Finance. Long-Term Care Affordability and Se- Mr. GRASSLEY. Mr. President, at ernization Act changed the way physi- curity Act of 2009. 2:30 today, the Senate Finance Com- cians and hospital outpatient depart- Mr. President, I ask unanimous con- ments were paid under Medicare. The mittee, Subcommittee on Health Care, sent that the text of the bill be printed law reduced IVIG reimbursement rates held a hearing entitled The Role of in the RECORD. so most physicians in outpatient set- Long-Term Care in Health Reform. In There being no objection, the text of tings could no longer afford to treat conjunction with the Subcommittee the bill was ordered to be printed in Medicare patients requiring IVIG. Ac- hearing, my colleagues Senators LIN- the RECORD, as follows: cess to home based infusion therapy is COLN, SNOWE, ENSIGN, COLLINS, S. 702 limited since Medicare currently pays KLOBUCHAR, GRAHAM and I wanted to Be it enacted by the Senate and House of Rep- for the cost of IVIG, but not for the take the opportunity to introduce the resentatives of the United States of America in nursing services or supplies required Long-Term Care Affordability and Se- Congress assembled, for infusion. curity Act of 2009. SECTION 1. SHORT TITLE. As a result, patients are experiencing Our Nation is graying. Research This Act may be cited as the ‘‘Long-Term Care Affordability and Security Act of 2009’’. delays in receiving critically-needed shows that the elderly population will nearly double by 2030. By 2050, the pop- SEC. 2. TREATMENT OF PREMIUMS ON QUALI- treatment and are being shifted to FIED LONG-TERM CARE INSURANCE more expensive care settings such as ulation of those aged 85 and older will CONTRACTS. inpatient hospitals. In April 2007, the have grown by more than 300 percent. (a) IN GENERAL.— U.S. Department of Health and Human Research also shows that the average (1) CAFETERIA PLANS.—The last sentence of Services Office of the Inspector Gen- age at which individuals need long- section 125(f) of the Internal Revenue Code of eral, OIG, reported that Medicare reim- term care services, such as home 1986 (defining qualified benefits) is amended by inserting before the period at the end ‘‘; bursement for IVIG was inadequate to health care or a private room at a nursing home, is 75. Currently, the av- except that such term shall include the pay- cover the cost many providers must ment of premiums for any qualified long- pay for the product. In fact, the OIG erage annual cost for a private room at term care insurance contract (as defined in found that 44 percent of hospitals and a nursing home is more than $75,000. section 7702B) to the extent the amount of 41 percent of physicians were unable to This cost is expected to be in excess of such payment does not exceed the eligible purchase IVIG at the Medicare reim- $140,000 by 2030. long-term care premiums (as defined in sec- bursement rate during the 3rd quarter Based on these facts, we can see that tion 213(d)(10)) for such contract’’. of 2006. The previous quarter was even our Nation needs to prepare its citizens (2) FLEXIBLE SPENDING ARRANGEMENTS.— worse—77.2 percent of hospitals and 96.5 for the challenges they may face in old- Section 106 of such Code (relating to con- age. One way to prepare for these chal- tributions by an employer to accident and percent of physicians were unable to health plans) is amended by striking sub- purchase IVIG at the Medicare reim- lenges is by encouraging more Ameri- section (c) and redesignating subsections (d) bursement rate. cans to obtain long-term care insur- and (e) as subsections (c) and (d), respec- We have an opportunity to fix this ance coverage. To date, only 10 percent tively. very real problem with a compas- of seniors have long-term care insur- (b) CONFORMING AMENDMENTS.—

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.109 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3794 CONGRESSIONAL RECORD — SENATE March 25, 2009 (1) Section 6041 of such Code is amended by ‘‘(II) Section 6D (relating to prior hos- By Mr. KERRY (for himself, Mr. adding at the end the following new sub- pitalization). LUGAR, Mr. KAUFMAN, and Mr. section: ‘‘(III) The provisions of section 8 relating MENENDEZ): ‘‘(h) FLEXIBLE SPENDING ARRANGEMENT DE- to contingent nonforfeiture benefits, if the S. 705. A bill to reauthorize the pro- FINED.—For purposes of this section, a flexi- policyholder declines the offer of a nonfor- grams of the Overseas Private Invest- ble spending arrangement is a benefit pro- feiture provision described in paragraph (4) gram which provides employees with cov- of this subsection. ment Corporation, and for other pur- erage under which— ‘‘(B) DEFINITIONS.—For purposes of this poses; to the Committee on Foreign ‘‘(1) specified incurred expenses may be re- paragraph— Relations. imbursed (subject to reimbursement maxi- ‘‘(i) MODEL REGULATION.—The term ‘model Mr. KERRY. Mr. President, I rise to mums and other reasonable conditions), and regulation’ means the long-term care insur- support the Overseas Private Invest- ‘‘(2) the maximum amount of reimburse- ance model regulation promulgated by the ment Corporation Reauthorization Act ment which is reasonably available to a par- National Association of Insurance Commis- of 2009. Along with Senators LUGAR, ticipant for such coverage is less than 500 sioners (as adopted as of December 2006). percent of the value of such coverage. KAUFMAN and MENENDEZ, I ask for ap- ‘‘(ii) MODEL ACT.—The term ‘model Act’ proval of the Overseas Private Invest- In the case of an insured plan, the maximum means the long-term care insurance model ment Corporation Reauthorization Act amount reasonably available shall be deter- Act promulgated by the National Associa- mined on the basis of the underlying cov- tion of Insurance Commissioners (as adopted of 2009, a bill to reauthorize a vital U.S. erage.’’. as of December 2006). Government agency that has assisted (2) The following sections of such Code are ‘‘(iii) COORDINATION.—Any provision of the U.S. businesses and promoted projects each amended by striking ‘‘section 106(d)’’ model regulation or model Act listed under in support of our foreign policy inter- and inserting ‘‘section 106(c)’’: sections clause (i) or (ii) of subparagraph (A) shall be ests since 1971. This legislation reau- 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), treated as including any other provision of thorizes the Overseas Private Invest- 3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), such regulation or Act necessary to imple- and 4973(g)(2)(B)(i). ment Corporation, OPIC, for 4 years. ment the provision. OPIC is an independent U.S. agency (3) Section 6041(f)(1) of such Code is amend- ‘‘(iv) DETERMINATION.—For purposes of this ed by striking ‘‘(as defined in section whose mission is to mobilize U.S. pri- section and section 4980C, the determination vate sector investment in poorer coun- 106(c)(2))’’. of whether any requirement of the model (4) Section 26(b)(2)(S) of such Code is regulation or the model Act has been met tries to facilitate their economic and amended by striking ‘‘106(e)(3)(A)(ii)’’ and in- shall be made by the Secretary.’’. social development. It provides U.S. serting ‘‘106(d)(3)(A)(ii)’’. companies with financing—from large (b) EXCISE TAX.—Paragraph (1) of section (5) Section 223(c)(1)(B)(iii)(II) of such Code structured finance to small business 4980C(c) of the Internal Revenue Code of 1986 is amended by striking ‘‘section 106(e)’’ and loans, political risk insurance, and in- inserting ‘‘section 106(d)’’. (relating to requirements of model provi- (c) EFFECTIVE DATE.—The amendments sions) is amended to read as follows: vestment funds. made by this section shall apply to taxable ‘‘(1) REQUIREMENTS OF MODEL PROVISIONS.— OPIC operates at no net cost to tax- years beginning after December 31, 2008. ‘‘(A) MODEL REGULATION.—The following payers: OPIC charges market-based SEC. 3. ADDITIONAL CONSUMER PROTECTIONS requirements of the model regulation must fees for its products and operates on a FOR LONG-TERM CARE INSURANCE. be met: self-sustaining basis. Over its 38-year (a) ADDITIONAL PROTECTIONS APPLICABLE ‘‘(i) Section 9 (relating to required disclo- history, OPIC projects have generated TO LONG-TERM CARE INSURANCE.—Subpara- sure of rating practices to consumer). more than $72 billion in U.S. exports graphs (A) and (B) of section 7702B(g)(2) of ‘‘(ii) Section 14 (relating to application the Internal Revenue Code of 1986 (relating and supported more than 273,000 Amer- forms and replacement coverage). ican jobs while supporting over $188 bil- to requirements of model regulation and ‘‘(iii) Section 15 (relating to reporting re- Act) are amended to read as follows: quirements). lion worth of investments that have ‘‘(A) IN GENERAL.—The requirements of ‘‘(iv) Section 22 (relating to filing require- helped developing countries generate this paragraph are met with respect to any ments for marketing). almost $15 billion in host-government contract if such contract meets— ‘‘(v) Section 23 (relating to standards for revenues leading to over 821,000 host- ‘‘(i) MODEL REGULATION.—The following re- marketing), including inaccurate completion country jobs. quirements of the model regulation: of medical histories, other than paragraphs OPIC’s financing and political risk ‘‘(I) Section 6A (relating to guaranteed re- (1), (6), and (9) of section 23C. insurance help U.S. businesses, particu- newal or noncancellability), other than para- ‘‘(vi) Section 24 (relating to suitability). larly small- and medium-sized enter- graph (5) thereof, and the requirements of ‘‘(vii) Section 27 (relating to the right to section 6B of the model Act relating to such prises, to compete in emerging mar- reduce coverage and lower premiums). kets and meet the challenges of invest- section 6A. ‘‘(viii) Section 31 (relating to standard for- ‘‘(II) Section 6B (relating to prohibitions mat outline of coverage). ing overseas when private sector sup- on limitations and exclusions) other than ‘‘(ix) Section 32 (relating to requirement to port is not available. OPIC promotes paragraph (7) thereof. deliver shopper’s guide). U.S. best practices by requiring that ‘‘(III) Section 6C (relating to extension of The requirements referred to in clause (vi) projects adhere to international labor benefits). shall not include those portions of the per- standards. ‘‘(IV) Section 6D (relating to continuation sonal worksheet described in Appendix B re- OPIC also engages in critical foreign or conversion of coverage). lating to consumer protection requirements policy areas. It is implementing major ‘‘(V) Section 6E (relating to discontinuance not imposed by section 4980C or 7702B. and replacement of policies). projects in the Middle East, including ‘‘(B) MODEL ACT.—The following require- ‘‘(VI) Section 7 (relating to unintentional Jordan, the West Bank, and Lebanon. ments of the model Act must be met: lapse). In Africa, OPIC has established a new ‘‘(i) Section 6F (relating to right to re- ‘‘(VII) Section 8 (relating to disclosure), investment fund that will mobilize $1.6 turn). other than sections 8F, 8G, 8H, and 8I there- ‘‘(ii) Section 6G (relating to outline of cov- billion of private investment in Africa of. erage). towards health care, housing, tele- ‘‘(VIII) Section 11 (relating to prohibitions ‘‘(iii) Section 6H (relating to requirements communications and small businesses. against post-claims underwriting). for certificates under group plans). The agency also gives preferential con- ‘‘(IX) Section 12 (relating to minimum ‘‘(iv) Section 6J (relating to policy sum- sideration to projects supported by standards). mary). ‘‘(X) Section 13 (relating to requirement to small businesses. It has even estab- ‘‘(v) Section 6K (relating to monthly re- offer inflation protection). lished a separate department to focus ports on accelerated death benefits). ‘‘(XI) Section 25 (relating to prohibition on small business financing. An over- ‘‘(vi) Section 7 (relating to incontestability against preexisting conditions and proba- whelming majority of projects sup- period). tionary periods in replacement policies or ‘‘(vii) Section 9 (relating to producer train- ported by OPIC involved small busi- certificates). ing requirements). ness—87 percent in fiscal year 2006. ‘‘(XII) The provisions of section 28 relating ‘‘(C) DEFINITIONS.—For purposes of this This is up from 24 percent in fiscal year to contingent nonforfeiture benefits, if the paragraph, the terms ‘model regulation’ and 1997. policyholder declines the offer of a nonfor- ‘model Act’ have the meanings given such The bill incorporates several impor- feiture provision described in paragraph (4) terms by section 7702B(g)(2)(B).’’. of this subsection. tant aspects, including: strengthening ‘‘(ii) MODEL ACT.—The following require- (c) EFFECTIVE DATE.—The amendments the rights of workers overseas, and ments of the model Act: made by this section shall apply to policies strengthening transparency require- ‘‘(I) Section 6C (relating to preexisting issued more than 1 year after the date of the ments to ensure NGOs and other inter- conditions). enactment of this Act. ested groups have sufficient notice and

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.088 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3795 information about potential OPIC-sup- ment Management, the Federal Work- chose to telework, guaranteeing those ported projects. force, and the District of Columbia, I employees will not be disadvantaged in We all are aware of the unfortunate joined Ranking Member VOINOVICH in performance evaluations, pay, or bene- history associated with extractive in- holding a hearing to assess telework fits. This bill also holds agencies ac- dustry projects and developing coun- policies and initiatives within the Fed- countable by requiring the submission tries. Our bill ensures that OPIC eral Government. Witnesses testified to of telework data to OPM. OPM is then projects will conform to principles and the benefits of increased telework op- responsible for submitting an annual standards developed by the Extractive portunities within the Federal work- report to Congress, which summarizes Industry Transparency Initiative. The force, including lower vehicle emis- the telework data and reports on the transparency for extraction invest- sions associated with commuting, bet- progress of each agency in achieving ments is a new subsection created by ter work-life balance, reduced overhead its telework goals. the bill to ensure that countries with costs for agencies, and increased trust I am proud to join Senator VOINOVICH extractive industry projects will put in and communication between employees in introducing the Telework Enhance- place functioning systems to allow ac- and their managers. ment Act of 2009. We must make sure curate accounting, regular independent Expanding telework options helps the agencies have the tools necessary to audits and broader accountability. Ul- Federal Government attract and retain make the Federal Government an em- timately, this will be an important talented employees. With a large por- ployer of choice in the twenty-first tool for preventing fraud, bribery and tion of the Federal workforce eligible century; enhancing telework options corruption in host countries with ex- for retirement in the coming years, it will further that goal. I urge my col- tractive projects. is essential for agencies to develop leagues to support this legislation This legislation will also ensure management tools to enhance recruit- Mr. President, I ask unanimous con- greater transparency for how the Cor- ment and retention. This bill would sent that the text of the bill be printed poration operates. It directs OPIC to provide Federal agencies with an im- in the RECORD. provide more detailed information in portant tool to remain competitive in There being no objection, the text of advance about potential projects so the modern workplace and would offer the bill was ordered to be printed in NGOs and other groups can determine a flexible option for human capital the RECORD, as follows: their impact. The bill ensures that management. NGOs and other interested groups will S. 707 Despite these benefits, witnesses also Be it enacted by the Senate and House of Rep- have adequate notice and information testified that many agencies hesitate about potential OPIC-supported resentatives of the United States of America in to implement broad telework pro- Congress assembled, projects, prior to Board meeting votes grams. The witnesses cite agency lead- SECTION 1. SHORT TITLE. on OPIC assistance. ership and management resistance as This Act may be cited as the ‘‘Telework I would like to reiterate that OPIC is the greatest barriers to the develop- Enhancement Act of 2009’’. an important foreign policy tool that ment of robust telework policies. Even SEC. 2. DEFINITIONS. encourages U.S. private sector compa- the head of the Patent and Trademark In this Act: nies to invest in poorer countries and Office acknowledged that without his (1) EMPLOYEE.—The term ‘‘employee’’ has improve their economic and social de- persistent leadership and commitment the meaning given that term under section velopment. I want to make sure OPIC to telework, the PTO would not have 2105 of title 5, United States Code. can continue to do its good work, but I (2) EXECUTIVE AGENCY.—Except as provided the beneficial program that it does also want to ensure that OPIC adheres in section 7, the term ‘‘executive agency’’ today. to the highest labor and environmental has the meaning given that term under sec- In the past, Congress has approved tion 105 of title 5, United States Code. standards, incorporates stringent ac- provisions in appropriations bills to en- countability measures towards extrac- (3) TELEWORK.—The term ‘‘telework’’ hance telework opportunities within means a work arrangement in which an em- tive industry projects, and promotes a the Federal Government and encour- ployee performs officially assigned duties at green investment agenda. aged agencies to implement com- home or other worksites geographically con- In conclusion, I urge my colleagues prehensive telework programs. How- venient to the residence of the employee. to approve the Overseas Private Invest- SEC. 3. EXECUTIVE AGENCIES TELEWORK RE- ment Corporation Reauthorization Act ever, Congress has not approved an au- thorization bill to make all Federal QUIREMENT. of 2009 and join in this effort. (a) TELEWORK ELIGIBILITY.—Not later than employees presumptively eligible to 180 days after the date of enactment of this By Mr. AKAKA (for himself and telework unless an employing agency Act, the head of each executive agency Mr. VOINOVICH): expressly determined otherwise. Last shall— S. 707. A bill to enhance the Federal Congress I offered an amendment in (1) establish a policy under which eligible Telework Program; to the Committee the nature of a substitute to S. 1000, a employees of the agency may be authorized on Homeland Security and Govern- telework bill introduced by Senators to telework; mental Affairs. Stevens and LANDRIEU. My amendment (2) determine the eligibility for all employ- Mr. AKAKA. Mr. President, today I was adopted by the Committee on ees of the agency to participate in telework; and introduce the Telework Enhancement Homeland Security and Governmental (3) notify all employees of the agency of Act of 2009 to allow greater workplace Affairs and the amended bill was re- their eligibility to telework. flexibility for Federal workers and ported on the floor of the Senate. (b) PARTICIPATION.—The policy described agencies. I am pleased to be joined in The Telework Enhancement Act of under subsection (a) shall— this effort by my good friend, Senator 2009 builds on those efforts by laying (1) ensure that telework does not diminish GEORGE VOINOVICH. the groundwork for robust telework employee performance or agency operations; Flexible work arrangements referred policies in each executive agency. The (2) require a written agreement that— to generally as ‘‘telework’’ have Office of Personnel Management, OPM, (A) is entered into between an agency man- emerged as an important part of Fed- would work with agencies to provide ager and an employee authorized to telework, that outlines the specific work ar- eral agencies’ management tools and guidance and consultation on telework rangement that is agreed to; and continuity of operations plans during policies and goals. A Telework Man- (B) is mandatory in order for any employee emergencies, allowing employees to aging Officer, TMO, would also be cre- to participate in telework; work from home or a remote location. ated within each agency. The TMO’s (3) provide that an employee may not be As the Internet and technologies have primary responsibilities would be to authorized to telework if the performance of advanced and become integrated into monitor and develop agency telework that employee does not comply with the the modern work environment, oppor- policies, and act as a resource for em- terms of the written agreement between the tunities for employees to securely and ployees and managers on telework agency manager and that employee; (4) except in emergency situations as de- efficiently perform their official duties issues. termined by the head of an agency, not apply from a remote location also have ex- This bill does more than provide to any employee of the agency whose official panded. guidelines for the development of ro- duties require on a daily basis (every work Last Congress, as Chairman of the bust telework policies; it prohibits dis- day)— Subcommittee on Oversight of Govern- crimination against employees who (A) direct handling of secure materials; or

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.093 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3796 CONGRESSIONAL RECORD — SENATE March 25, 2009 (B) on-site activity that cannot be handled (C) guidance developed by the Office of (I) 3 or more days per pay period; remotely or at an alternate worksite; and Personnel Management; and (II) 1 or 2 days per pay period; (5) be incorporated as part of the con- (D) guidance submitted by the Federal (III) once per month; and tinuity of operations plans of the agency in Emergency Management Agency, and the (IV) on an occasional, episodic, or short- the event of an emergency. General Services Administration to the Of- term basis; SEC. 4. TRAINING AND MONITORING. fice of Personnel Management not later than (B) the method for gathering telework data (a) IN GENERAL.—The head of each execu- 10 business days after the date of submission. in each agency; tive agency shall ensure that— SEC. 6. TELEWORK MANAGING OFFICER. (C) if the total number of employees tele- (1) an interactive telework training pro- (a) IN GENERAL.— working is 10 percent higher or lower than gram is provided to— (1) DESIGNATION.—The head of each execu- the previous year in any agency, the reasons (A) employees eligible to participate in the tive agency shall designate an employee of for the positive or negative variation; telework program of the agency; and the agency as the Telework Managing Offi- (D) the agency goal for increasing partici- (B) all managers of teleworkers; cer. The Telework Managing Officer shall be pation to the extent practicable or necessary (2) except as provided under subsection (b), established within the Office of the Chief for the next reporting period, as indicated by an employee has successfully completed the Human Capital Officer or a comparable office the percent of eligible employees tele- interactive telework training program before with similar functions. working in each frequency category de- that employee enters into a written agree- (2) TELEWORK COORDINATORS.— scribed under subparagraph (A)(iii); (E) an explanation of whether or not the ment to telework described under section (A) APPROPRIATIONS ACT, 2004.—Section 627 3(b)(2); of the Departments of Commerce, Justice, agency met the goals for the last reporting (3) no distinction is made between tele- and State, the Judiciary, and Related Agen- period and, if not, what actions are being workers and nonteleworkers for purposes cies Appropriations Act, 2004 (Public Law taken to identify and eliminate barriers to of— 108–199; 118 Stat. 99) is amended by striking maximizing telework opportunities for the next reporting period; (A) periodic appraisals of job performance ‘‘designate a ‘Telework Coordinator’ to be’’ (F) an assessment of the progress each of employees; and inserting ‘‘designate a Telework Man- agency has made in meeting agency partici- (B) training, rewarding, reassigning, pro- aging Officer to be’’. pation rate goals during the reporting pe- moting, reducing in grade, retaining, and re- (B) APPROPRIATIONS ACT, 2005.—Section 622 riod, and other agency goals relating to moving employees; of the Departments of Commerce, Justice, telework, such as the impact of telework (C) work requirements; or and State, the Judiciary, and Related Agen- on— (D) other acts involving managerial discre- cies Appropriations Act, 2005 (Public Law (i) emergency readiness; tion; and 108–447; 118 Stat. 2919) is amended by striking (ii) energy use; (4) when determining what constitutes di- ‘‘designate a ‘Telework Coordinator’ to be’’ (iii) recruitment and retention; and inserting ‘‘designate a Telework Man- minished employee performance, the agency (iv) performance; aging Officer to be’’. shall consult the established performance (v) productivity; and (b) DUTIES.—The Telework Managing Offi- management guidelines of the Office of Per- (vi) employee attitudes and opinions re- cer shall— sonnel Management. garding telework; and (1) be devoted to policy development and (b) TRAINING REQUIREMENT EXEMPTIONS.— (G) the best practices in agency telework The head of an executive agency may provide implementation related to agency telework programs. for an exemption from the training require- programs; (c) COMPTROLLER GENERAL REPORTS.— ments under subsection (a), if the head of (2) serve as— (1) REPORT ON GOVERNMENT ACCOUNTABILITY that agency determines that the training (A) an advisor for agency leadership, in- OFFICE TELEWORK PROGRAM.— would be unnecessary because the employee cluding the Chief Human Capital Officer; (A) IN GENERAL.—Not later than 18 months is already teleworking under a work arrange- (B) a resource for managers and employees; after the date of enactment of this Act and ment in effect before the date of enactment (C) a primary agency point of contact for on an annual basis thereafter, the Comp- of this Act. the Office of Personnel Management on troller General shall submit a report ad- SEC. 5. POLICY AND SUPPORT. telework matters; and dressing the telework program of the Gov- (a) AGENCY CONSULTATION WITH THE OFFICE (3) perform other duties as the applicable ernment Accountability Office to— OF PERSONNEL MANAGEMENT.—Each execu- delegating authority may assign. (i) the Committee on Homeland Security tive agency shall consult with the Office of SEC. 7. REPORTS. and Governmental Affairs of the Senate; and Personnel Management in developing (a) DEFINITION.—In this section, the term (ii) the Committee on Oversight and Gov- telework policies. ‘‘executive agency’’ shall not include the ernment Reform of the House of Representa- (b) GUIDANCE AND CONSULTATION.—The Of- Government Accountability Office. tives. fice of Personnel Management shall— (b) REPORTS BY THE OFFICE OF PERSONNEL (B) CONTENTS.—Each report submitted by (1) provide policy and policy guidance for MANAGEMENT.— the Comptroller General shall include the telework in the areas of pay and leave, agen- (1) SUBMISSION OF REPORTS.—Not later than same information as required under sub- cy closure, performance management, offi- 18 months after the date of enactment of this section (b) applicable to the Government Ac- cial worksite, recruitment and retention, Act and on an annual basis thereafter, the countability Office. and accommodations for employees with dis- Director of the Office of Personnel Manage- (2) REPORT TO CONGRESS ON OFFICE OF PER- abilities; ment, in consultation with Chief Human SONNEL MANAGEMENT REPORT.—Not later (2) assist each agency in establishing ap- Capital Officers Council, shall— than 6 months after the submission of the propriate qualitative and quantitative meas- (A) submit a report addressing the first report to Congress required under sub- ures and teleworking goals; and telework programs of each executive agency section (b), the Comptroller General shall re- (3) consult with— to— view that report required under subsection (A) the Federal Emergency Management (i) the Committee on Homeland Security (b) and submit a report to Congress on the Agency on policy and policy guidance for and Governmental Affairs of the Senate; and progress each executive agency has made to- telework in the areas of continuation of op- (ii) the Committee on Oversight and Gov- wards the goals established under section erations and long-term emergencies; and ernment Reform of the House of Representa- 5(b)(2). (B) the General Services Administration on tives; and (d) CHIEF HUMAN CAPITAL OFFICER RE- policy and policy guidance for telework in (B) transmit a copy of the report to the PORTS.— the areas of telework centers, travel, tech- Comptroller General and the Office of Man- (1) IN GENERAL.—Each year the Chief nology, equipment, and dependent care. agement and Budget. Human Capital Officer of each executive (c) CONTINUITY OF OPERATIONS PLANS.— (2) CONTENTS.—Each report submitted agency, in consultation with the Telework (1) INCORPORATION INTO CONTINUITY OF OP- under this subsection shall include— Managing Officer of that agency, shall sub- ERATIONS PLANS.—Each executive agency (A) the degree of participation by employ- mit a report to the Chair and Vice Chair of shall incorporate telework into the con- ees of each executive agency in teleworking the Chief Human Capital Officers Council on tinuity of operations plan of that agency. during the period covered by the report, (and agency management efforts to promote (2) CONTINUITY OF OPERATIONS PLANS SUPER- for each executive agency whose head is re- telework. SEDE TELEWORK POLICY.—During any period ferred to under section 5312 of title 5, United (2) REVIEW AND INCLUSION OF RELEVANT IN- that an executive agency is operating under States Code, the degree of participation in FORMATION.—The Chair and Vice Chair of the a continuity of operations plan, that plan each bureau, division, or other major admin- Chief Human Capital Officers Council shall— shall supersede any telework policy. istrative unit of that agency), including— (A) review the reports submitted under (d) TELEWORK WEBSITE.—The Office of Per- (i) the total number of employees in the paragraph (1); sonnel Management shall— agency; (B) include relevant information from the (1) maintain a central telework website; (ii) the number and percent of employees submitted reports in the annual report to and in the agency who are eligible to telework; Congress required under subsection (b); and (2) include on that website related— and (C) use that relevant information for other (A) telework links; (iii) the number and percent of eligible em- purposes related to the strategic manage- (B) announcements; ployees in the agency who are teleworking— ment of human capital.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.100 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3797 SEC. 8. AUTHORITY FOR TELEWORK TRAVEL EX- the Federal workforce, something I judge. Even though teleworking has in- PENSES TEST PROGRAMS. conscientiously undertook with the creased since OPM began reporting in (a) IN GENERAL.—Chapter 57 of title 5, city and State workforces as Mayor of 2001, participation is far short of what United States Code, is amended by inserting after section 5710 the following: Cleveland and Governor of Ohio. I it should be and what the Federal know that investing in our workforce workforce needs if our government is ‘‘§ 5711. Authority for telework travel ex- penses test programs pays off. to remain an employer of choice. While We have an aging workforce that has most Federal agencies have made ‘‘(a)(1) Notwithstanding any other provi- sion of this subchapter, under a test program difficulty attracting young people to progress, the overall number of tele- which the Administrator of General Services public service careers. The image of workers decreased by approximately determines to be in the interest of the Gov- the public sector can be bureaucratic— 15,000 employees between 2006 and 2007, ernment and approves, an employing agency an impression that too often discour- according to the Office of Personnel may pay through the proper disbursing offi- ages young, creative college graduates. Management. In addition, less than 8 cial any necessary travel expenses in lieu of We must be able to recruit the best percent of eligible Federal employees any payment otherwise authorized or re- candidates, provide training and pro- telework regularly. quired under this subchapter for employees fessional development opportunities, I urge my colleagues to join Senator participating in a telework program. An and reward good performance. AKAKA and me in ensuring the Federal agency shall include in any request to the Government better integrates telework Administrator for approval of such a test To compete as an employer of choice program an analysis of the expected costs in the fast-paced 21st century knowl- into its operational plans. and benefits and a set of criteria for evalu- edge economy and improve our com- ating the effectiveness of the program. petitiveness, we need to create an envi- By Mr. AKAKA (for himself, Mr. ‘‘(2) Any test program conducted under ronment that supports those with the INOUYE, Ms. MURKOWSKI, and this section shall be designed to enhance desire and commitment to serve. Just Mr. BEGICH): S 708. A bill to express the policy of cost savings or other efficiencies that accrue as other aspects of their lives have to the Government. the United States regarding the United been informed by technology, we need ‘‘(3) Under any test program, if an agency States relationship with Native Hawai- to acknowledge that this next genera- employee voluntarily relocates from the pre- ians, to provide a process for the reor- tion will have different expectations of existing duty station of that employee, the ganization of a Native Hawaiian gov- what it means to go to work. The Administrator may authorize the employing ernment and the recognition by the agency to establish a reasonable maximum growth of Web 2.0 hand held devices United States of the Native Hawaiian number of occasional visits to the pre-exist- makes it far more likely that working government, and for other purposes; to ing duty station before that employee is eli- anytime from most anywhere will be gible for payment of any accrued travel ex- the Committee on Indian Affairs. the new norm. Mr. AKAKA. Mr. President, today I, penses by that agency. As I stated in my 2000 report to the ‘‘(4) Nothing in this section is intended to along with members of the Hawaii Con- President on the Crisis in Human Cap- limit the authority of any agency to conduct gressional Delegation, introduce a test programs. ital, Federal agencies should enable as modified version of the Native Hawai- ‘‘(b) The Administrator shall transmit a many employees as possible to tele- ian Government Reorganization Act of copy of any test program approved by the commute or participate in other types 2009. In order to address concerns that Administrator under this section, and the ra- of flexible workplace programs. Not have been raised, a new section prohib- tionale for approval, to the appropriate com- only would this make Federal service mittees of Congress at least 30 days before iting gaming has been included. With more attractive to many employees, the exception of this one section, the the effective date of the program. especially parents of young children, it ‘‘(c)(1) An agency authorized to conduct a resulting Senate bill and House bill test program under subsection (a) shall pro- has the potential to reduce traffic con- preserve the language of S. 381 and vide to the Administrator, the Telework gestion and pollution in large metro- H.R. 862, respectively; that were pre- Managing Officer of that agency, and the ap- politan areas. According to the viously introduced on February 4, 2009. propriate committees of Congress a report on Telework Exchange, the average round The legislation we introduce today is the results of the program not later than 3 trip commute is 50 miles, and com- the legislation we will seek to move months after completion of the program. muters spend an average of 264 hours ‘‘(2) The results in a report described under forward with toward enactment. per year commuting. Looking at the I am not a proponent of gaming. Our paragraph (1) may include— Federal Government, if all Federal em- ‘‘(A) the number of visits an employee legislation would not legalize gaming makes to the pre-existing duty station of ployees who are eligible to telework by Native Hawaiians or the Native Ha- that employee; full time were to do so, the Federal waiian government in the State of Ha- ‘‘(B) the travel expenses paid by the agen- workforce could realize $13.9 billion waii, any other state, or the terri- cy; savings in commuting costs annually tories. I reiterate to my colleagues, as ‘‘(C) the travel expenses paid by the em- and eliminate 21.5 billion pounds of pol- well as the people of this Nation that ployee; or lutants out of the environment each all forms of gambling are illegal in Ha- ‘‘(D) any other information the agency de- year. Though more difficult to quan- waii and the Native Hawaiian govern- termines useful to aid the Administrator, tify, but equally important, is the im- Telework Managing Officer, and Congress in ment will be subject to all State and understanding the test program and the im- proved work/life balance which has a Federal laws. The legislation we intro- pact of the program. positive effect on employee morale. An duce today with this added gaming pro- ‘‘(d) No more than 10 test programs under additional reason that was made plain hibition provision simply clarifies our this section may be conducted simulta- on September 11, 2001, is the need for a intent. neously. workforce that can be dispersed and de- Let me be clear for the record and for ‘‘(e) The authority to conduct test pro- centralized so that essential functions my colleagues that this bill is not grams under this section shall expire 7 years can continue during an emergency. about gaming. Rather it is about pro- after the date of the enactment of the The legislation we introduce today viding Federal recognition to Native Telework Enhancement Act of 2009.’’. helps ensure that executive agencies Hawaiians so they may have the oppor- (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 57 of better integrate telework into their tunity to enjoy the same government- title 5, United States Code, is amended by in- human capital planning, establishes a to-government relationship with the serting after the item relating to section 5710 level playing field for employees who U.S. provided to Alaska Natives and the following: voluntarily elect to telework, and im- American Indians. The indigenous peo- ‘‘5711. Authority for telework travel expenses proves program accountability. ple of Hawaii, Native Hawaiians, have test programs.’’. According to the most recent OPM not been extended the Federal policy of Mr. VOINOVICH. Mr. President, I am survey on Federal human capital, only self-governance and self-determination. pleased to join my good friend and 22 percent of employees when asked The legislation provides parity and au- partner on human capital issues, Sen- about work/life and family friendly thorizes a process to federally recog- ator DANIEL K. AKAKA, in introducing benefits said that they were satisfied nize Native Hawaiians. The legislation the Telework Enhancement Act of 2009. with current telework/telecommuting is consistent with Federal law and One of my top priorities as a Senator opportunities. Another 37 percent re- maintains efforts by the U.S. Govern- has been to transform the culture of sponded that they had no basis to ment and State of Hawaii to address

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.100 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3798 CONGRESSIONAL RECORD — SENATE March 25, 2009 the unique needs of Native Hawaiians ator INOUYE and me in enacting this (13) The Apology Resolution acknowledges and empower them to perpetuate their legislation. that the overthrow of the Kingdom of Hawaii culture, language, and traditions. Mr. President, I ask unanimous con- occurred with the active participation of The United States has committed sent that the text of the bill be printed agents and citizens of the United States and further acknowledges that the Native Hawai- in the RECORD. itself to a process of reconciliation ian people never directly relinquished their with the indigenous people of Hawaii. There being no objection, the text of claims to their inherent sovereignty as a Recognizing and upholding this U.S. re- the bill was ordered to be printed in people over their national lands to the sponsibility for Native Hawaiians, the the RECORD, as follows: United States, either through their mon- legislation allows us to take the next S. 708 archy or through a plebiscite or referendum. necessary step in the reconciliation Be it enacted by the Senate and House of Rep- (14) The Apology Resolution expresses the process. The legislation does three resentatives of the United States of America in commitment of Congress and the President things. First, it authorizes an Office Congress assembled, to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to within the Department of Interior to SECTION 1. FINDINGS. Congress makes the following findings: support reconciliation efforts between the serve as a liaison between Native Ha- (1) The Constitution vests Congress with United States and Native Hawaiians; and to waiians and the U.S. Second, it forms the authority to address the conditions of have Congress and the President, through an Interagency Task Force cochaired the indigenous, native people of the United the President’s designated officials, consult by the Departments of Interior and States. with Native Hawaiians on the reconciliation Justice and comprised of officials from (2) Native Hawaiians, the native people of process as called for under the Apology Reso- Federal agencies administering pro- the Hawaiian archipelago which is now part lution. (15) Despite the overthrow of the Hawaiian grams and services impacting Native of the United States, are indigenous, native people of the United States. government, Native Hawaiians have contin- Hawaiians. Third, it authorizes the (3) The United States has a special trust ued to maintain their separate identity as a process for the reorganization of a Na- relationship to promote the welfare of the distinct native community through the for- tive Hawaiian government for the pur- native people of the United States, including mation of cultural, social, and political in- poses of a federally recognized govern- Native Hawaiians. stitutions, and to give expression to their ment-to-government relationship. Once (4) Under the treaty making power of the rights as native people to self-determination the Native Hawaiian government is United States, Congress exercised its con- and self-governance as evidenced through stitutional authority to confirm a treaty be- their participation in the Office of Hawaiian recognized, the bill establishes an in- Affairs. clusive democratic negotiations proc- tween the United States and the government that represented the Hawaiian people, and (16) Native Hawaiians also maintain a dis- ess representing both Native Hawaiians from 1826 until 1893, the United States recog- tinct Native Hawaiian community through and non-Native Hawaiians. There are nized the independence of the Kingdom of the provision of governmental services to many checks and balances in this proc- Hawaii, extended full diplomatic recognition Native Hawaiians, including the provision of ess and any agreements reached during to the Hawaiian government, and entered health care services, educational programs, the negotiations process will require into treaties and conventions with the Ha- employment and training programs, chil- implementing legislation at the State waiian monarchs to govern commerce and dren’s services, conservation programs, fish and wildlife protection, agricultural pro- and Federal levels. navigation in 1826, 1842, 1849, 1875, and 1887. (5) Pursuant to the provisions of the Ha- grams, native language immersion programs This legislation will go a long way to waiian Homes Commission Act, 1920 (42 Stat. and native language immersion schools from address issues present in my home 108, chapter 42), the United States set aside kindergarten through high school, as well as State. It is clear there are long- 203,500 acres of land in the Federal territory college and master’s degree programs in na- standing and unresolved issues result- that later became the State of Hawaii to ad- tive language immersion instruction, and ing from the 1893 U.S. overthrow of the dress the conditions of Native Hawaiians. traditional justice programs, and by con- kingdom of Hawaii. Progress to address (6) By setting aside 203,500 acres of land for tinuing their efforts to enhance Native Ha- these issues have been limited as there Native Hawaiian homesteads and farms, the waiian self-determination and local control. (17) Native Hawaiians are actively engaged has been no government-to-government Act assists the Native Hawaiian community in maintaining distinct native settlements in Native Hawaiian cultural practices, tradi- relationship to facilitate discussions or throughout the State of Hawaii. tional agricultural methods, fishing and sub- implement agreements. However, with (7) Approximately 6,800 Native Hawaiian sistence practices, maintenance of cultural the structured process in the bill the lessees and their family members reside on use areas and sacred sites, protection of bur- people of Hawaii will be empowered to Hawaiian Home Lands and approximately ial sites, and the exercise of their traditional come together, resolve these issues, 18,000 Native Hawaiians who are eligible to rights to gather medicinal plants and herbs, and move proudly forward together as reside on the Home Lands are on a waiting and food sources. list to receive assignments of land. (18) The Native Hawaiian people wish to a State. preserve, develop, and transmit to future Na- The bill remains the product of the (8) In 1959, as part of the compact admit- ting Hawaii into the United States, Congress tive Hawaiian generations their ancestral dedicated and mindful work of the five established the Ceded Lands Trust for 5 pur- lands and Native Hawaiian political and cul- working groups that drafted the origi- poses, 1 of which is the betterment of the tural identity in accordance with their tradi- nal bill that passed the U.S. House of conditions of Native Hawaiians. Such trust tions, beliefs, customs and practices, lan- Representatives in 2000. Individuals consists of approximately 1,800,000 acres of guage, and social and political institutions, from the Native Hawaiian community, land, submerged lands, and the revenues de- and to achieve greater self-determination elected officials from the State of Ha- rived from such lands, the assets of which over their own affairs. (19) This Act provides for a process within waii, representatives from Federal have never been completely inventoried or segregated. the framework of Federal law for the Native agencies, Members of Congress, as well (9) Throughout the years, Native Hawai- Hawaiian people to exercise their inherent as leaders from Indian country and ex- ians have repeatedly sought access to the rights as a distinct aboriginal, indigenous, perts in constitutional law contributed Ceded Lands Trust and its resources and rev- native community to reorganize a Native to this bill. These working groups en- enues in order to establish and maintain na- Hawaiian government for the purpose of giv- sured that all parties that had exper- tive settlements and distinct native commu- ing expression to their rights as native peo- tise and would work to implement the nities throughout the State. ple to self-determination and self-govern- bill had an opportunity to participate (10) The Hawaiian Home Lands and the ance. Ceded Lands provide an important founda- (20) The United States has declared that— in the drafting process. tion for the ability of the Native Hawaiian (A) the United States has a special respon- Over the last 9 years there has been community to maintain the practice of Na- sibility for the welfare of the native peoples significant public input and congres- tive Hawaiian culture, language, and tradi- of the United States, including Native Ha- sional oversight. This bill benefits tions, and for the survival of the Native Ha- waiians; from the input received during the nine waiian people. (B) Congress has identified Native Hawai- congressional hearings, including six (11) Native Hawaiians have maintained ians as a distinct indigenous group within joint House Natural Resources Com- other distinctly native areas in Hawaii. the scope of its Indian affairs power, and has mittee and Senate Indian Affairs Com- (12) On November 23, 1993, Public Law 103– enacted dozens of statutes on their behalf mittee hearings, five of which were 150 (107 Stat. 1510) (commonly known as the pursuant to its recognized trust responsi- Apology Resolution) was enacted into law, bility; and held in Hawaii. The bill introduced extending an apology on behalf of the United (C) Congress has also delegated broad au- today provides a constitutionally States to the Native people of Hawaii for the thority to administer a portion of the Fed- sound foundation for us to build upon. United States role in the overthrow of the eral trust responsibility to the State of Ha- I encourage my colleagues to join Sen- Kingdom of Hawaii. waii.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.099 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3799 (21) The United States has recognized and descendants of the aboriginal, indigenous, waiian government for purposes of con- reaffirmed the special trust relationship native people of the United States. tinuing a government-to-government rela- with the Native Hawaiian people through— (7) NATIVE HAWAIIAN.— tionship. (A) the enactment of the Act entitled ‘‘An (A) Prior to the recognition by the United SEC. 4. ESTABLISHMENT OF THE UNITED STATES Act to provide for the admission of the State States of a Native Hawaiian government OFFICE FOR NATIVE HAWAIIAN AF- of Hawaii into the Union’’, approved March under the authority of section 7(d)(2) of this FAIRS. 18, 1959 (Public Law 86–3; 73 Stat. 4) by— Act, the term ‘‘Native Hawaiian’’ means the (a) IN GENERAL.—There is established with- (i) ceding to the State of Hawaii title to indigenous, native people of Hawaii who are in the Office of the Secretary the United the public lands formerly held by the United the lineal descendants of the aboriginal, in- States Office for Native Hawaiian Affairs. States, and mandating that those lands be digenous, native people who resided in the is- (b) DUTIES OF THE OFFICE.—The United held in public trust for 5 purposes, one of lands that now comprise the State of Hawaii States Office for Native Hawaiian Affairs which is for the betterment of the conditions on or before January 1, 1893, and who occu- shall— of Native Hawaiians; and pied and exercised sovereignty in the Hawai- (1) effectuate and coordinate the special (ii) transferring the United States respon- ian archipelago, including the area that now trust relationship between the Native Hawai- sibility for the administration of the Hawai- constitutes the State of Hawaii, and includes ian people and the United States through the ian Home Lands to the State of Hawaii, but all Native Hawaiians who were eligible in Secretary, and with all other Federal agen- retaining the authority to enforce the trust, 1921 for the programs authorized by the Ha- cies; including the exclusive right of the United waiian Homes Commission Act (42 Stat. 108, (2) upon the recognition of the Native Ha- States to consent to any actions affecting chapter 42) and their lineal descendants. waiian government by the United States as the lands which comprise the corpus of the (B) Following the recognition by the provided for in section 7(d)(2) of this Act, ef- trust and any amendments to the Hawaiian United States of the Native Hawaiian gov- fectuate and coordinate the special trust re- Homes Commission Act, 1920 (42 Stat. 108, ernment under section 7(d)(2) of this Act, the lationship between the Native Hawaiian gov- chapter 42) that are enacted by the legisla- term ‘‘Native Hawaiian’’ shall have the ernment and the United States through the ture of the State of Hawaii affecting the meaning given to such term in the organic Secretary, and with all other Federal agen- beneficiaries under the Act. governing documents of the Native Hawaiian cies; (22) The United States continually has rec- government. (3) fully integrate the principle and prac- ognized and reaffirmed that— (8) NATIVE HAWAIIAN GOVERNMENT.—The tice of meaningful, regular, and appropriate (A) Native Hawaiians have a cultural, his- term ‘‘Native Hawaiian government’’ means consultation with the Native Hawaiian peo- toric, and land-based link to the aboriginal, the citizens of the government of the Native ple by providing timely notice to, and con- native people who exercised sovereignty over Hawaiian people that is recognized by the sulting with the Native Hawaiian people the Hawaiian Islands; United States under the authority of section prior to taking any actions that may affect (B) Native Hawaiians have never relin- 7(d)(2) of this Act. traditional or current Native Hawaiian prac- quished their claims to sovereignty or their (9) NATIVE HAWAIIAN INTERIM GOVERNING tices and matters that may have the poten- sovereign lands; COUNCIL.—The term ‘‘Native Hawaiian In- tial to significantly or uniquely affect Na- (C) the United States extends services to terim Governing Council’’ means the interim tive Hawaiian resources, rights, or lands, and Native Hawaiians because of their unique governing council that is organized under upon the recognition of the Native Hawaiian status as the aboriginal, native people of a section 7(c) of this Act. government as provided for in section 7(d)(2) once sovereign nation with whom the United (10) ROLL.—The term ‘‘roll’’ means the roll of this Act, fully integrate the principle and States has a political and legal relationship; that is developed under the authority of sec- practice of meaningful, regular, and appro- and tion 7(a) of this Act. priate consultation with the Native Hawai- (D) the special trust relationship of Amer- (11) SECRETARY.—The term ‘‘Secretary’’ ian government by providing timely notice ican Indians, Alaska Natives, and Native Ha- means the Secretary of the Interior. to, and consulting with the Native Hawaiian waiians to the United States arises out of (12) TASK FORCE.—The term ‘‘Task Force’’ people and the Native Hawaiian government their status as aboriginal, indigenous, native means the Native Hawaiian Interagency prior to taking any actions that may have people of the United States. Task Force established under the authority the potential to significantly affect Native SEC. 2. DEFINITIONS. of section 6 of this Act. Hawaiian resources, rights, or lands; In this Act: SEC. 3. UNITED STATES POLICY AND PURPOSE. (4) consult with the Native Hawaiian Inter- (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- (a) POLICY.—The United States reaffirms agency Task Force, other Federal agencies, PLE.—The term ‘‘aboriginal, indigenous, na- that— and with relevant agencies of the State of tive people’’ means those people whom Con- (1) Native Hawaiians are a unique and dis- Hawaii on policies, practices, and proposed gress has recognized as the original inhab- tinct aboriginal, indigenous, native people, actions affecting Native Hawaiian resources, itants of the lands and who exercised sov- with whom the United States has a political rights, or lands; ereignty prior to European contact in the and legal relationship; (5) be responsible for the preparation and areas that later became part of the United (2) the United States has a special trust re- submittal to the Committee on Indian Af- States. lationship to promote the welfare of Native fairs of the Senate, the Committee on En- (2) ADULT MEMBERS.—The term ‘‘adult Hawaiians; ergy and Natural Resources of the Senate, members’’ means those Native Hawaiians (3) Congress possesses the authority under and the Committee on Resources of the who have attained the age of 18 at the time the Constitution to enact legislation to ad- House of Representatives of an annual report the Secretary publishes the final roll, as pro- dress the conditions of Native Hawaiians and detailing the activities of the Interagency vided in section 7(a)(3) of this Act. has exercised this authority through the en- Task Force established under section 6 of (3) APOLOGY RESOLUTION.—The term ‘‘Apol- actment of— this Act that are undertaken with respect to ogy Resolution’’ means Public Law 103–150 (A) the Hawaiian Homes Commission Act, the continuing process of reconciliation and (107 Stat. 1510), a joint resolution offering an 1920 (42 Stat. 108, chapter 42); to effect meaningful consultation with the apology to Native Hawaiians on behalf of the (B) the Act entitled ‘‘An Act to provide for Native Hawaiian people and the Native Ha- United States for the participation of agents the admission of the State of Hawaii into the waiian government and providing rec- of the United States in the January 17, 1893 Union’’, approved March 18, 1959 (Public Law ommendations for any necessary changes to overthrow of the Kingdom of Hawaii. 86–3; 73 Stat. 4); and existing Federal statutes or regulations pro- (4) CEDED LANDS.—The term ‘‘ceded lands’’ (C) more than 150 other Federal laws ad- mulgated under the authority of Federal means those lands which were ceded to the dressing the conditions of Native Hawaiians; law; United States by the Republic of Hawaii (4) Native Hawaiians have— (6) be responsible for continuing the proc- under the Joint Resolution to provide for an- (A) an inherent right to autonomy in their ess of reconciliation with the Native Hawai- nexing the Hawaiian Islands to the United internal affairs; ian people, and upon the recognition of the States of July 7, 1898 (30 Stat. 750), and which (B) an inherent right of self-determination Native Hawaiian government by the United were later transferred to the State of Hawaii and self-governance; States as provided for in section 7(d)(2) of in the Act entitled ‘‘An Act to provide for (C) the right to reorganize a Native Hawai- this Act, be responsible for continuing the the admission of the State of Hawaii into the ian government; and process of reconciliation with the Native Ha- Union’’ approved March 18, 1959 (Public Law (D) the right to become economically self- waiian government; and 86–3; 73 Stat. 4). sufficient; and (7) assist the Native Hawaiian people in fa- (5) COMMISSION.—The term ‘‘Commission’’ (5) the United States shall continue to en- cilitating a process for self-determination, means the commission established in section gage in a process of reconciliation and polit- including but not limited to the provision of 7 of this Act to certify that the adult mem- ical relations with the Native Hawaiian peo- technical assistance in the development of bers of the Native Hawaiian community con- ple. the roll under section 7(a) of this Act, the or- tained on the roll developed under that sec- (b) PURPOSE.—It is the intent of Congress ganization of the Native Hawaiian Interim tion meet the definition of Native Hawaiian, that the purpose of this Act is to provide a Governing Council as provided for in section as defined in paragraph (7)(A). process for the reorganization of a Native 7(c) of this Act, and the recognition of the (6) INDIGENOUS, NATIVE PEOPLE.—The term Hawaiian government and for the recogni- Native Hawaiian government as provided for ‘‘indigenous, native people’’ means the lineal tion by the United States of the Native Ha- in section 7(d) of this Act.

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(c) AUTHORITY.—The United States Office purpose of the organization of a Native Ha- as defined in section 2(7)(A) of this Act, from for Native Hawaiian Affairs is authorized to waiian Interim Governing Council. The roll the roll; or enter into a contract with or make grants shall include the names of the— (II) a challenge to the inclusion of the for the purposes of the activities authorized (A) adult members of the Native Hawaiian name of a person on the roll on the grounds or addressed in section 7 of this Act for a pe- community who wish to become citizens of a that the person does not meet the definition riod of 3 years from the date of enactment of Native Hawaiian government and who are— of Native Hawaiian, as so defined. this Act. (i) the lineal descendants of the aboriginal, (ii) PUBLICATION; UPDATE.—The Secretary SEC. 5. DESIGNATION OF DEPARTMENT OF JUS- indigenous, native people who resided in the shall publish the final roll while appeals are TICE REPRESENTATIVE. islands that now comprise the State of Ha- pending, and shall update the final roll and The Attorney General shall designate an waii on or before January 1, 1893, and who oc- the publication of the final roll upon the appropriate official within the Department cupied and exercised sovereignty in the Ha- final disposition of any appeal. of Justice to assist the United States Office waiian archipelago; or (D) FAILURE TO ACT.—If the Secretary fails for Native Hawaiian Affairs in the imple- (ii) Native Hawaiians who were eligible in to make the certification authorized in sub- mentation and protection of the rights of 1921 for the programs authorized by the Ha- paragraph (A) within 90 days of the date that Native Hawaiians and their political, legal, waiian Homes Commission Act (42 Stat. 108, the Commission submits the membership and trust relationship with the United chapter 42) or their lineal descendants; and roll to the Secretary, the certification shall States, and upon the recognition of the Na- (B) the children of the adult members list- be deemed to have been made, and the Com- tive Hawaiian government as provided for in ed on the roll prepared under this subsection. mission shall publish the final roll. section 7(d)(2) of this Act, in the implemen- (2) CERTIFICATION AND SUBMISSION.— (4) EFFECT OF PUBLICATION.—The publica- tation and protection of the rights of the Na- (A) COMMISSION.— tion of the final roll shall serve as the basis tive Hawaiian government and its political, (i) IN GENERAL.—There is authorized to be for the eligibility of adult members listed on legal, and trust relationship with the United established a Commission to be composed of the roll to participate in all referenda and States. 9 members for the purpose of certifying that elections associated with the organization of the adult members of the Native Hawaiian SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK a Native Hawaiian Interim Governing Coun- FORCE. community on the roll meet the definition of cil and the Native Hawaiian government. Native Hawaiian, as defined in section (a) ESTABLISHMENT.—There is established (b) RECOGNITION OF RIGHTS.—The right of 2(7)(A) of this Act. an interagency task force to be known as the the Native Hawaiian people to organize for (ii) MEMBERSHIP.— ‘‘Native Hawaiian Interagency Task Force’’. their common welfare and to adopt appro- (I) APPOINTMENT.—The Secretary shall ap- (b) COMPOSITION.—The Task Force shall be priate organic governing documents is here- point the members of the Commission in ac- composed of officials, to be designated by the by recognized by the United States. cordance with subclause (II). Any vacancy on President, from— the Commission shall not affect its powers (c) ORGANIZATION OF THE NATIVE HAWAIIAN (1) each Federal agency that establishes or and shall be filled in the same manner as the INTERIM GOVERNING COUNCIL.— implements policies that affect Native Ha- original appointment. (1) ORGANIZATION.—The adult members waiians or whose actions may significantly (II) REQUIREMENTS.—The members of the listed on the roll developed under the au- or uniquely impact on Native Hawaiian re- Commission shall be Native Hawaiian, as de- thority of subsection (a) are authorized to— sources, rights, or lands; fined in section 2(7)(A) of this Act, and shall (A) develop criteria for candidates to be (2) the United States Office for Native Ha- have expertise in the certification of Native elected to serve on the Native Hawaiian In- waiian Affairs established under section 4 of Hawaiian ancestry. terim Governing Council; this Act; and (III) CONGRESSIONAL SUBMISSION OF SUG- (B) determine the structure of the Native (3) the Executive Office of the President. GESTED CANDIDATES.—In appointing members Hawaiian Interim Governing Council; and (c) LEAD AGENCIES.—The Department of of the Commission, the Secretary may (C) elect members to the Native Hawaiian the Interior and the Department of Justice choose such members from among— Interim Governing Council. shall serve as the lead agencies of the Task (aa) five suggested candidates submitted (2) ELECTION.—Upon the request of the Force, and meetings of the Task Force shall by the Majority Leader of the Senate and the adult members listed on the roll developed be convened at the request of either of the Minority Leader of the Senate from a list of under the authority of subsection (a), the lead agencies. candidates provided to such leaders by the United States Office for Native Hawaiian Af- (d) CO-CHAIRS.—The Task Force represent- Chairman and Vice Chairman of the Com- fairs may assist the Native Hawaiian com- ative of the United States Office for Native mittee on Indian Affairs of the Senate; and munity in holding an election by secret bal- Hawaiian Affairs established under the au- (bb) four suggested candidates submitted lot (absentee and mail balloting permitted), thority of section 4 of this Act and the At- by the Speaker of the House of Representa- to elect the membership of the Native Ha- torney General’s designee under the author- tives and the Minority Leader of the House waiian Interim Governing Council. ity of section 5 of this Act shall serve as co- of Representatives from a list provided to (3) POWERS.— chairs of the Task Force. the Speaker and the Minority Leader by the (A) IN GENERAL.—The Native Hawaiian In- (e) DUTIES.—The responsibilities of the Chairman and Ranking member of the Com- terim Governing Council is authorized to Task Force shall be— mittee on Resources of the House of Rep- represent those on the roll in the implemen- (1) the coordination of Federal policies resentatives. tation of this Act and shall have no powers that affect Native Hawaiians or actions by (iii) EXPENSES.—Each member of the Com- other than those given to it in accordance any agency or agencies of the Federal Gov- mission shall be allowed travel expenses, in- with this Act. ernment which may significantly or unique- cluding per diem in lieu of subsistence, at (B) FUNDING.—The Native Hawaiian In- ly impact on Native Hawaiian resources, rates authorized for employees of agencies terim Governing Council is authorized to rights, or lands; under subchapter I of chapter 57 of title 5, enter into a contract or grant with any Fed- (2) to assure that each Federal agency de- United States Code, while away from their eral agency, including but not limited to, the velops a policy on consultation with the Na- homes or regular places of business in the United States Office for Native Hawaiian Af- tive Hawaiian people, and upon recognition performance of services for the Commission. fairs within the Department of the Interior of the Native Hawaiian government by the (B) CERTIFICATION.—The Commission shall and the Administration for Native Ameri- United States as provided in section 7(d)(2) of certify that the individuals listed on the roll cans within the Department of Health and this Act, consultation with the Native Ha- developed under the authority of this sub- Human Services, to carry out the activities waiian government; and section are Native Hawaiians, as defined in set forth in subparagraph (C). (3) to assure the participation of each Fed- section 2(7)(A) of this Act. (C) ACTIVITIES.— eral agency in the development of the report (3) SECRETARY.— (i) IN GENERAL.—The Native Hawaiian In- to Congress authorized in section 4(b)(5) of (A) CERTIFICATION.—The Secretary shall terim Governing Council is authorized to this Act. review the Commission’s certification of the conduct a referendum of the adult members SEC. 7. PROCESS FOR THE DEVELOPMENT OF A membership roll and determine whether it is listed on the roll developed under the au- ROLL FOR THE ORGANIZATION OF A consistent with applicable Federal law, in- thority of subsection (a) for the purpose of NATIVE HAWAIIAN INTERIM GOV- cluding the special trust relationship be- determining (but not limited to) the fol- ERNING COUNCIL, FOR THE ORGANI- tween the United States and the indigenous, lowing: ZATION OF A NATIVE HAWAIIAN IN- TERIM GOVERNING COUNCIL AND A native people of the United States. (I) The proposed elements of the organic NATIVE HAWAIIAN GOVERNMENT, (B) PUBLICATION.—Upon making the deter- governing documents of a Native Hawaiian AND FOR THE RECOGNITION OF THE mination authorized in subparagraph (A), government. NATIVE HAWAIIAN GOVERNMENT. the Secretary shall publish a final roll. (II) The proposed powers and authorities to (a) ROLL.— (C) APPEAL.— be exercised by a Native Hawaiian govern- (1) PREPARATION OF ROLL.—The United (i) ESTABLISHMENT OF MECHANISM.—The ment, as well as the proposed privileges and States Office for Native Hawaiian Affairs Secretary is authorized to establish a mecha- immunities of a Native Hawaiian govern- shall assist the adult members of the Native nism for an appeal of the Commission’s de- ment. Hawaiian community who wish to partici- termination as it concerns— (III) The proposed civil rights and protec- pate in the reorganization of a Native Hawai- (I) the exclusion of the name of a person tion of such rights of the citizens of a Native ian government in preparing a roll for the who meets the definition of Native Hawaiian, Hawaiian government and all persons subject

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.092 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3801 to the authority of a Native Hawaiian gov- duly elected officers of the Native Hawaiian Gaming Regulatory Act and inherent au- ernment. government submitted the organic governing thority to game apply regardless of whether (ii) DEVELOPMENT OF ORGANIC GOVERNING documents of the Native Hawaiian govern- gaming by Native Hawaiians or the Native DOCUMENTS.—Based upon the referendum, the ment to the Secretary, the certifications au- Hawaiian government would be located on Native Hawaiian Interim Governing Council thorized in subparagraph (B) shall be deemed land within the State of Hawaii or within is authorized to develop proposed organic to have been made. any other State or territory of the United governing documents for a Native Hawaiian (D) RESUBMISSION IN CASE OF NONCOMPLI- States. government. ANCE WITH FEDERAL LAW.— SEC. 11. DISCLAIMER. (iii) DISTRIBUTION.—The Native Hawaiian (i) RESUBMISSION BY THE SECRETARY.—If the Nothing in this Act is intended to serve as Interim Governing Council is authorized to Secretary determines that the organic gov- a settlement of any claims against the distribute to all adult members of those list- erning documents, or any part thereof, are United States, or to affect the rights of the ed on the roll, a copy of the proposed organic not consistent with applicable Federal law, Native Hawaiian people under international governing documents, as drafted by the Na- the Secretary shall resubmit the organic law. tive Hawaiian Interim Governing Council, governing documents to the duly elected of- along with a brief impartial description of ficers of the Native Hawaiian government SEC. 12. REGULATIONS. the proposed organic governing documents. along with a justification for each of the The Secretary is authorized to make such (iv) CONSULTATION.—The Native Hawaiian Secretary’s findings as to why the provisions rules and regulations and such delegations of Interim Governing Council is authorized to are not consistent with such law. authority as the Secretary deems necessary freely consult with those members listed on (ii) AMENDMENT AND RESUBMISSION BY THE to carry out the provisions of this Act. the roll concerning the text and description NATIVE HAWAIIAN GOVERNMENT.—If the or- SEC. 13. SEVERABILITY. of the proposed organic governing docu- ganic governing documents are resubmitted In the event that any section or provision ments. to the duly elected officers of the Native Ha- of this Act, or any amendment made by this (D) ELECTIONS.— waiian government by the Secretary under Act is held invalid, it is the intent of Con- (i) IN GENERAL.—The Native Hawaiian In- clause (i), the duly elected officers of the Na- gress that the remaining sections or provi- terim Governing Council is authorized to tive Hawaiian government shall— sions of this Act, and the amendments made hold elections for the purpose of ratifying (I) amend the organic governing documents by this Act, shall continue in full force and the proposed organic governing documents, to ensure that the documents comply with effect. and upon ratification of the organic gov- applicable Federal law; and erning documents, to hold elections for the (II) resubmit the amended organic gov- By Mrs. FEINSTEIN (for herself officers of the Native Hawaiian government. erning documents to the Secretary for cer- and Mrs. BOXER): (ii) ASSISTANCE.—Upon the request of the tification in accordance with subparagraphs Native Hawaiian Interim Governing Council, (B) and (C). S. 709. A bill to better provide for the United States Office of Native Hawaiian (2) FEDERAL RECOGNITION.— compensation for certain persons in- Affairs may assist the Council in conducting (A) RECOGNITION.—Notwithstanding any jured in the course of employment at such elections. other provision of law, upon the election of the Santa Susana Field Laboratory in ERMINATION.—The Native Hawaiian In- (4) T the officers of the Native Hawaiian govern- terim Governing Council shall have no power California; to the Committee on ment and the certifications (or deemed cer- or authority under this Act after the time at Health, Education, Labor, and Pen- tifications) by the Secretary authorized in which the duly elected officers of the Native sions. paragraph (1), Federal recognition is hereby Hawaiian government take office. extended to the Native Hawaiian government Mrs. FEINSTEIN. Mr. President, I (d) RECOGNITION OF THE NATIVE HAWAIIAN as the representative governing body of the rise today on behalf of myself and Sen- GOVERNMENT.— Native Hawaiian people. ator BOXER to reintroduce legislation (1) PROCESS FOR RECOGNITION.— O DIMINISHMENT OF RIGHTS OR PRIVI (A) SUBMITTAL OF ORGANIC GOVERNING DOC- (B) N - to enable hundreds of former Santa UMENTS.—The duly elected officers of the Na- LEGES.—Nothing contained in this Act shall Susana Field Laboratory Workers or tive Hawaiian government shall submit the diminish, alter, or amend any existing rights their survivors to receive compensa- organic governing documents of the Native or privileges enjoyed by the Native Hawaiian tion for illnesses caused by exposure to Hawaiian government to the Secretary. people which are not inconsistent with the radiation and other toxic substances. provisions of this Act. (B) CERTIFICATIONS.—Within 90 days of the Specifically, the Santa Susana Fair SEC. 8. AUTHORIZATION OF APPROPRIATIONS. date that the duly elected officers of the Na- Compensation Act would provide a spe- tive Hawaiian government submit the or- There is authorized to be appropriated ganic governing documents to the Secretary, such sums as may be necessary to carry out cial status designation under the En- the Secretary shall certify that the organic the activities authorized in this Act. ergy Employees Occupational Illness governing documents— SEC. 9. REAFFIRMATION OF DELEGATION OF Compensation Act to Santa Susana (i) were adopted by a majority vote of the FEDERAL AUTHORITY; NEGOTIA- Field Laboratory employees, so they adult members listed on the roll prepared TIONS. can receive the benefits they deserve. under the authority of subsection (a); (a) REAFFIRMATION.—The delegation by the In addition, the bill would extend the United States of authority to the State of (ii) are consistent with applicable Federal ‘‘special exposure cohort’’ status to De- law and the special trust relationship be- Hawaii to address the conditions of Native tween the United States and the indigenous Hawaiians contained in the Act entitled ‘‘An partment of Energy employees, Depart- native people of the United States; Act to provide for the admission of the State ment of Energy contract employees, or (iii) provide for the exercise of those gov- of Hawaii into the Union’’ approved March atomic weapons employees who worked ernmental authorities that are recognized by 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby at the Santa Susana Field Laboratory the United States as the powers and authori- reaffirmed. for at least 250 days prior to January 1, ties that are exercised by other governments (b) NEGOTIATIONS.—Upon the Federal rec- 2009. representing the indigenous, native people of ognition of the Native Hawaiian government This revision would ensure that the the United States; pursuant to section 7(d)(2) of this Act, the (iv) provide for the protection of the civil United States is authorized to negotiate and Act’s benefits are available to any of rights of the citizens of the Native Hawaiian enter into an agreement with the State of those workers who developed a radi- government and all persons subject to the Hawaii and the Native Hawaiian government ation-linked cancer due to their em- authority of the Native Hawaiian govern- regarding the transfer of lands, resources, ployment at the Santa Susana Field ment, and to assure that the Native Hawai- and assets dedicated to Native Hawaiian use Laboratory. ian government exercises its authority con- under existing law as in effect on the date of This bill fulfills the intent of Con- sistent with the requirements of section 202 enactment of this Act to the Native Hawai- gress when it approved the act, pro- ian government. of the Act of April 11, 1968 (25 U.S.C. 1302); viding compensation and care for nu- (v) prevent the sale, disposition, lease, or SEC. 10. APPLICABILITY OF INDIAN GAMING REG- encumbrance of lands, interests in lands, or ULATORY ACT. clear program workers who suffered se- other assets of the Native Hawaiian govern- (a) PROHIBITION.—The Native Hawaiian vere health problems caused by on-the- ment without the consent of the Native Ha- government and Native Hawaiians may not job exposure to radiation. waiian government; conduct gaming activities as a matter of The Santa Susana Field Laboratory (vi) establish the criteria for citizenship in claimed inherent authority or under the au- is a 2,849-acre facility located about 30 the Native Hawaiian government; and thority of any Federal law, including the In- miles north of downtown Los Angeles. (vii) provide authority for the Native Ha- dian Gaming Regulatory Act (25 U.S.C. 2701 During the Cold War, it was used for waiian government to negotiate with Fed- et seq.) or under any regulations thereunder eral, State, and local governments, and other promulgated by the Secretary or the Na- the development and testing of nuclear entities. tional Indian Gaming Commission. reactors and powerful rockets, includ- (C) FAILURE TO ACT.—If the Secretary fails (b) APPLICABILITY.—The foregoing prohibi- ing those used in America’s space and to act within 90 days of the date that the tion in section 10(a) on the use of the Indian ballistic missile programs.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.092 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3802 CONGRESSIONAL RECORD — SENATE March 25, 2009 Sadly, many workers of the Cold War SECTION 1. SHORT TITLE. hard work and dedication helped the Rocky era were exposed to radiation on a reg- This Act may be cited as the ‘‘Santa Mountain College Battlin’ Bears win the ular basis. But claims for compensa- Susana Fair Compensation Act’’. championship; and tion are hampered by incomplete and SEC. 2. DEFINITION OF MEMBER OF SPECIAL EX- (3) respectfully requests the Secretary of POSURE COHORT. the Senate to transmit an enrolled copy of inaccurate records. (a) IN GENERAL.—Section 3621(14) of the En- this resolution for appropriate display to— Some records show only estimated ergy Employees Occupational Illness Com- (A) the President of Rocky Mountain Col- levels of exposure for workers, and are pensation Program Act of 2000 (42 U.S.C. lege, Michael R. Mace; imprecise. In other cases, if records 7384l(14)) is amended by adding at the end the (B) the Athletic Director of Rocky Moun- were kept, they cannot be found today. following new subparagraph: tain College, Robert Beers; and Many Santa Susana Field Laboratory ‘‘(D) The employee was so employed for a (C) the Head Coach of the Rocky Mountain workers were not aware of the hazards number of work days aggregating at least 250 College basketball team, Bill Dreikosen. at their workplace. Remarkably, no work days before January 1, 2009, by the De- partment of Energy or a Department of En- protective equipment—like respirators, ergy contractor or subcontractor at the f gloves, or body suits—was provided to Santa Susana Field Laboratory in Cali- workers. fornia.’’. AMENDMENTS SUBMITTED AND More than 600 claims for compensa- (b) REAPPLICATION.—A claim that an indi- PROPOSED tion have been filed by Santa Susana vidual qualifies, by reason of section Field Lab workers, but only a small 3621(14)(D) of the Energy Employees Occupa- SA 701. Mr. COBURN submitted an amend- fraction have been approved. A lack of tional Illness Compensation Program Act of ment intended to be proposed to amendment documentation, or inability to prove 2000 (as added by subsection (a)), for com- SA 687 proposed by Ms. MIKULSKI (for herself pensation or benefits under such Act shall be exposure thresholds, has hindered hun- and Mr. ISAKSON) to the bill H.R. 1388, to re- considered for compensation or benefits not- authorize and reform the national service dreds of claims that may well be legiti- withstanding any denial of any other claim laws; which was ordered to lie on the table. mate. And, for some lab workers and for compensation with respect to such indi- SA 702. Mr. COBURN submitted an amend- their families, it is impossible to re- vidual. ment intended to be proposed to amendment construct exposure scenarios due to f SA 687 proposed by Ms. MIKULSKI (for herself records having been destroyed. SUBMITTED RESOLUTIONS and Mr. ISAKSON) to the bill H.R. 1388, supra; Santa Susana Field Lab workers and which was ordered to lie on the table. their families now face the burden of SA 703. Mr. COBURN submitted an amend- having to reconstruct exposure sce- SENATE RESOLUTION 85—CON- ment intended to be proposed by him to the narios that existed more than 40 years GRATULATING THE ROCKY bill H.R. 1388, supra; which was ordered to lie ago, in most cases with little or no doc- MOUNTAIN COLLEGE BATTLIN’ on the table. umentation. BEARS FOR WINNING THE 2009 SA 704. Mr. ENSIGN submitted an amend- The case of my constituent, Betty NATIONAL ASSOCIATION OF ment intended to be proposed to amendment SA 687 proposed by Ms. MIKULSKI (for herself Reo, provides an example of why this INTERCOLLEGIATE ATHLETICS legislation is necessary. and Mr. ISAKSON) to the bill H.R. 1388, supra; MEN’S BASKETBALL NATIONAL which was ordered to lie on the table. Ms. Reo’s husband, Cosmo Reo, CHAMPIONSHIP worked at the Santa Susana Field Lab- SA 705. Mr. VITTER submitted an amend- oratory as an instrumentation me- Mr. TESTER (for himself and Mr. ment intended to be proposed by him to the BAUCUS) submitted the following reso- bill H.R. 1388, supra; which was ordered to lie chanic from April 18, 1957 until May 17, on the table. 1960. lution; which was referred to the Com- Cosmo worked in the rocket testing mittee on the Judiciary: SA 706. Mr. ENSIGN submitted an amend- S. RES. 85 ment intended to be proposed to amendment pits and was exposed to hydrazine, SA 692 submitted by Mr. BAUCUS (for himself Whereas, on March 24, 2009, the Rocky trichlorithylene, and other cancer- and Mr. GRASSLEY) to the amendment SA 687 Mountain College Battlin’ Bears won the 2009 causing chemicals which attack the proposed by Ms. MIKULSKI (for herself and National Association of Intercollegiate Ath- lungs, bladder and kidneys. Mr. ISAKSON) to the bill H.R. 1388, supra; Cosmo died of renal failure in 1980. letics Men’s Basketball National Champion- which was ordered to lie on the table. ship title with a stunning 77-61 triumph over Ms. Reo applied for benefits under the the Columbia College Cougars; SA 707. Mr. DEMINT submitted an amend- Energy Employees Occupational Illness Whereas Rocky Mountain College, located ment intended to be proposed to amendment Compensation Act. She has been trying in Billings, Montana, is one of the premier SA 687 proposed by Ms. MIKULSKI (for herself to reconstruct the exposure scenarios liberal arts schools in the State of Montana; and Mr. ISAKSON) to the bill H.R. 1388, supra; under which her husband worked, but Whereas Rocky Mountain College forward which was ordered to lie on the table. without adequate documentation she Devin Uskoski was named the Most Valuable SA 708. Mr. DEMINT submitted an amend- has been repeatedly denied benefits. Player of the National Association of Inter- ment intended to be proposed to amendment This bill would help people like Betty collegiate Athletics men’s basketball tour- SA 687 proposed by Ms. MIKULSKI (for herself and Mr. ISAKSON) to the bill H.R. 1388, supra; Reo, people who lack the documenta- nament; Whereas Devin Uskoski averaged 17.4 which was ordered to lie on the table. tion necessary to prove their cases, and points per game and 11 rebounds per game SA 709. Mr. DEMINT submitted an amend- those who worked in any of the four throughout his senior season; ment intended to be proposed to amendment areas of the Santa Susana site. Whereas the Battlin’ Bears finished the SA 687 proposed by Ms. MIKULSKI (for herself I urge my colleagues to join me in 2009 season with a record of 30-8 and won 10 and Mr. ISAKSON) to the bill H.R. 1388, supra; correcting these injustices and cutting of their final 11 games; which was ordered to lie on the table. through the ‘‘red tape’’ that prevents Whereas Rocky Mountain College fans SA 710. Mr. DEMINT submitted an amend- Santa Susana Field Laboratory work- across Montana supported and encouraged ment intended to be proposed to amendment ers, and their families, from receiving the Battlin’ Bears throughout the basketball SA 687 proposed by Ms. MIKULSKI (for herself fair compensation. season; and Mr. ISAKSON) to the bill H.R. 1388, supra; Whereas Rocky Mountain College Presi- which was ordered to lie on the table. For many, such as Ms. Reo, time is dent Michael R. Mace and Athletic Director SA 711. Mr. DEMINT submitted an amend- running out. We can no longer afford to Robert Beers have shown great leadership in ment intended to be proposed to amendment delay, and this bill provides a straight- bringing academic and athletic success to SA 687 proposed by Ms. MIKULSKI (for herself forward solution to fix a broken sys- Rocky Mountain College; and and Mr. ISAKSON) to the bill H.R. 1388, supra; Whereas the people of the State of Mon- tem. which was ordered to lie on the table. Mr. President, I ask unanimous con- tana celebrate the success and share the sent that the text of the bill be printed pride of Rocky Mountain College: Now, SA 712. Mrs. SHAHEEN (for herself and Mr. therefore, be it GREGG) submitted an amendment intended in the RECORD. to be proposed to amendment SA 687 pro- There being no objection, the text of Resolved, That the Senate— (1) congratulates the Rocky Mountain Col- posed by Ms . MIKULSKI (for herself and Mr. the bill was ordered to be placed in the lege Battlin’ Bears for winning the 2009 Na- ISAKSON) to the bill H.R. 1388, supra. RECORD, as follows: tional Association of Intercollegiate Ath- SA 713. Mr. WARNER submitted an amend- S. 709 letics Men’s Basketball National Champion- ment intended to be proposed to amendment Be it enacted by the Senate and House of Rep- ship; SA 687 proposed by Ms. MIKULSKI (for herself resentatives of the United States of America in (2) recognizes the achievements of the and Mr. ISAKSON) to the bill H.R. 1388, supra; Congress assembled, players, coaches, students, and staff whose which was ordered to lie on the table.

VerDate Nov 24 2008 03:50 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.112 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3803 SA 714. Mr. WARNER (for himself and Mr. ple of the United States, regardless of in- and reform the national service laws; GREGG) submitted an amendment intended come. which was ordered to lie on the table; to be proposed to amendment SA 687 pro- as follows: posed by Ms. MIKULSKI (for herself and Mr. SA 702. Mr. COBURN submitted an On page 128, strike line 6 and insert the fol- ISAKSON) to the bill H.R. 1388, supra; which amendment intended to be proposed to lowing: was ordered to lie on the table. amendment SA 687 proposed by Ms. MI- ‘‘(c) INELIGIBLE ORGANIZATIONS.— SA 715. Mr. ENSIGN proposed an amend- KULSKI) (for herself and Mr. ISAKSON) to ‘‘(1) IN GENERAL.—No assistance provided ment to amendment SA 692 submitted by Mr. the bill H.R. 1388, to reauthorize and under this subtitle may be provided (includ- BAUCUS (for himself and Mr. GRASSLEY) to ing for the participation under this subtitle the amendment SA 687 proposed by Ms. MI- reform the national service laws; which was ordered to lie on the table; as fol- of a participant in an approved national KULSKI (for herself and Mr. ISAKSON) to the service position in activities conducted by bill H.R. 1388, supra. lows: such an organization) to— SA 716. Mr. THUNE proposed an amend- On page 213, after line 21, insert the fol- ‘‘(A) an organization described in para- ment to amendment SA 687 proposed by Ms. lowing: graph (2); or IKULSKI SAKSON M (for herself and Mr. I ) to the SEC. 1613. LIMITING BURDENS ON THE BUREAU ‘‘(B) to an organization that is co-located bill H.R. 1388, supra. OF THE CENSUS. on the same premises as an organization de- SA 717. Ms. LANDRIEU proposed an Notwithstanding section 179A of the Na- scribed in paragraph (2). amendment to amendment SA 687 proposed tional and Community Service Act of 1990 (as ‘‘(2) ORGANIZATIONS.—An organization re- by Ms. MIKULSKI (for herself and Mr. added by section 1608), the Director of the ferred to in paragraph (1) means— ISAKSON) to the bill H.R. 1388, supra. Bureau of the Census shall be prohibited ‘‘(A) the Association of Community Orga- SA 718. Mr. MENENDEZ submitted an from providing technical advice to the Cor- nizations for Reform Now (ACORN); or amendment intended to be proposed by him poration, collecting, reporting or supplying ‘‘(B) an entity that is under the control of to the bill H.R. 1388, supra; which was or- data to the Corporation, or carrying out any such Association, as demonstrated by— dered to lie on the table. other activity described in such section 179A, ‘‘(i)(I) such Association directly owning or SA 719. Mr. MENENDEZ submitted an until such time as the Comptroller General controlling, or holding with power to vote, 25 amendment intended to be proposed by him of the United States— percent or more the voting shares of such to the bill H.R. 1388, supra; which was or- (1) determines that the 2010 Census is no other entity; dered to lie on the table. longer a high-risk area with respect to ad- ‘‘(II) such other entity directly owning or SA 720. Mr. NELSON, of Florida submitted dressing challenges in broad-based trans- controlling, or holding with power to vote, 25 an amendment intended to be proposed by formation; and percent of more of the voting shares of such him to the bill H.R. 1388, supra; which was (2) removes the 2010 Census from the Gov- Association; or ordered to lie on the table. ernment Accountability Office’s high-risk ‘‘(III) a third entity directly owning or f list. controlling, or holding with power to vote, 25 percent or more of the voting shares of such TEXT OF AMENDMENTS SA 703. Mr. COBURN submitted an Association and such other entity; SA 701. Mr. COBURN submitted an amendment intended to be proposed by ‘‘(ii)(I) such Association controlling, in any manner, a majority of the board of directors amendment intended to be proposed to him to the bill H.R. 1388, to reauthorize amendment SA 687 proposed by Ms. MI- of such other entity; and reform the national service laws; ‘‘(II) such other entity controlling, in any KULSKI (for herself and Mr. ISAKSON) to which was ordered to lie on the table; manner, a majority of the board of directors the bill H.R. 1388, to reauthorize and as follows: of such Association; or reform the national service laws; which At the end of the bill, add the following: ‘‘(III) a third entity controlling, in any was ordered to lie on the table; as fol- manner, a majority of the board of directors lows: TITLE VII—MILLIONAIRE EXEMPTION of such Association and such other entity; On page 5, before line 1 and after the item SEC. 701. EXEMPTION FOR MILLIONAIRES. ‘‘(iii) individuals serving in a similar ca- relating to section 6101, insert the following: (a) IN GENERAL.—Notwithstanding any pacity as officers, executives, or staff of both other provision of this Act or any provision such Association and such other entity; SEC. 2. SENSE OF THE SENATE. of the national service laws (as defined in ‘‘(iv) such Association and such other enti- (a) FINDINGS.—The Senate finds the fol- section 101 of the National and Community ty sharing office space, supplies, resources, lowing: Service Act of 1990 (42 U.S.C. 12511)), no or marketing materials, including commu- (1) Total private giving increased to wealthy individual who participates in a pro- nications through the Internet and other $306,000,000,000 in 2007, equal to 2.2 percent of gram under this Act or any of such national forms of public communication; or the gross domestic product of the United service laws may receive stipend, living al- ‘‘(v) such Association and such other enti- States. lowance, education award, or other com- ty exhibiting another indicia of control over, (2) Total private giving has more than dou- pensation by virtue of such participation. control by, or common control with, such bled in a 10-year period, and individual giv- (b) WEALTHY INDIVIDUAL.—In this section, other entity or such Association, respec- ing reached $229,000,000,000 in 2007. the term ‘‘wealthy individual’’ means an in- tively, as may be set forth in regulation by (3) The people of the United States donate dividual who is from a family with a taxable the Corporation. 31⁄2 times as much, per capita, as the people annual income of more than $1,000,000. ‘‘(d) NONDISPLACEMENT OF EMPLOYED WORK- of any other developed nation. ERS (4) There are nearly 1,400,000 charitable or- Mr. ENSIGN submitted an ganizations in the United States, and ap- SA 704. amendment intended to be proposed to SA 706. Mr. ENSIGN submitted an proximately 355,000 religious congregations. amendment intended to be proposed to amendment SA 687 proposed by Ms. MI- (5) Nonprofit organizations, including pub- amendment SA 692 submitted by Mr. lic charities and private foundations, ac- KULSKI) (for herself and Mr. ISAKSON) to BAUCUS (for himself and Mr. GRASSLEY) count for approximately 8 percent of the the bill H.R. 1388, to reauthorize and to the amendment SA 687 proposed by wages and salaries paid in the United States. reform the national service laws; which Ms. MIKULSKI (for herself and Mr. (6) The nonprofit sector employs more than was ordered to lie on the table; as fol- ISAKSON) to the bill H.R. 1388, to reau- 10,000,000 people, and 7 percent of the people lows: of the United States are paid employees of thorize and reform the national service nonprofit organizations. Beginning on page 61, strike line 7 and all laws; which was ordered to lie on the (7) A proposed cut to charitable tax deduc- that follows through page 62, line 25 and in- table; as follows: sert the following: tions for wealthy taxpayers may result in a On page 2, line 20, insert before the period 10 percent drop in charitable giving by (2) by striking subsection (b) and inserting the following: the following: ‘‘which shall include crisis wealthy individuals that is equal to pregnancy centers, organizations that serve ‘‘(b) PROHIBITION ON NATIONAL SERVICE $6,000,000,000. battered women (including domestic violence PROGRAMS RUN BY FEDERAL AGENCIES.—Not- (b) SENSE OF THE SENATE.—It is the sense shelters), and organizations that serve vic- withstanding any other provision of law, no of the Senate that— tims of rape or incest’’. (1) all citizens of the United States should Federal funds (including funds authorized for continue in the selfless generosity and noble financial assistance or for educational awards for participants in approved national SA 707. Mr. DEMINT submitted an spirit of charitable giving; amendment intended to be proposed to (2) Congress should support measures that service positions) shall be available for na- amendment SA 687 proposed by Ms. MI- incentivize charitable giving by wealthy tional service programs run by Federal agen- Americans to nonprofit organizations, public cies under this subtitle.’’. KULSKI (for herself and Mr. ISAKSON) to charities, private foundations, and religious the bill H.R. 1388, to reauthorize and congregations; and SA 705. Mr. VITTER submitted an reform the national service laws; which (3) Federal tax law should encourage, and amendment intended to be proposed by was ordered to lie on the table; as fol- not punish, charitable donations by all peo- him to the bill H.R. 1388, to reauthorize lows:

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.105 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3804 CONGRESSIONAL RECORD — SENATE March 25, 2009 At the end of title IV, insert the following: SA 710. Mr. DEMINT submitted an Subtitle H of title I is further amended by SEC. lll. SENSE OF THE SENATE REGARDING amendment intended to be proposed to adding at the end the following: THE TAX DEDUCTION FOR CHARI- amendment SA 687 proposed by Ms. MI- TABLE CONTRIBUTIONS. ‘‘PART ll—VOLUNTEER MANAGEMENT It is the sense of the Senate that the tax KULSKI (for herself and Mr. ISAKSON) to CORPS the bill H.R. 1388, to reauthorize and deduction for charitable contributions and ‘‘SEC. 198ll. VOLUNTEER MANAGEMENT CORPS. gifts should not be changed in any way that reform the national service laws; which ‘‘(a) FINDINGS.—Congress finds the fol- would discourage taxpayers from making was ordered to lie on the table; as fol- lowing: such contributions and gifts. lows: ‘‘(1) Many managers seek opportunities to On page 128, strike line 6 and insert the fol- give back to their communities and address Mr. DEMINT submitted an SA 708. lowing: the Nation’s challenges. amendment intended to be proposed to ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- ‘‘(2) Managers possess business and tech- amendment SA 687 proposed by Ms. MI- CATED ORGANIZATIONS.— nical skills that make them especially suited KULSKI (for herself and Mr. ISAKSON) to ‘‘(1) IN GENERAL.—No assistance provided to help nonprofit organizations and Federal, the bill H.R. 1388, to reauthorize and under this subtitle may be provided to an or- State, and local governmental agencies cre- reform the national service laws; which ganization described in paragraph (2) (includ- ate efficiencies and cost savings, and develop ing for the participation under this subtitle programs to serve communities in need. was ordered to lie on the table; as fol- of a participant in an approved national lows: ‘‘(3) There are currently a large number of service position in activities conducted by companies and firms that are seeking to Strike line 11 on page 212 and all that fol- such an organization) or to an organization identify savings through sabbatical opportu- lows through line 21 on page 213 and insert that is co-located on the same premises as an nities for senior employees. the following: organization described in paragraph (2). ‘‘(b) PURPOSE.—The purpose of this section ‘‘SEC. 189D. CRIMINAL HISTORY CHECKS. ‘‘(2) ORGANIZATIONS.—The organization re- is to create a Volunteer Management Corps ‘‘(a) IN GENERAL.—Each entity selecting in- ferred to in paragraph (1) is an organization for managers, in order to provide managers dividuals to serve in a position in which the that has been indicted for voter fraud. with meaningful pro bono opportunities— individuals receive a living allowance, sti- ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- ‘‘(1) to apply their business and technical pend, national service educational award, or ERS expertise to nonprofit organizations and at salary through a program receiving assist- the Federal, State, and local government ance under the national service laws, shall, SA 711. Mr. DEMINT submitted an levels; and subject to regulations and requirements es- amendment intended to be proposed to ‘‘(2) to address the Nation’s challenges. tablished by the Corporation, conduct crimi- amendment SA 687 proposed by Ms. MI- nal history checks for such individuals. KULSKI (for herself and Mr. ISAKSON) to ‘‘(c) PROGRAM ESTABLISHED.— ‘‘(b) REQUIREMENTS.—A criminal history the bill H.R. 1388, to reauthorize and ‘‘(1) IN GENERAL.—The Corporation shall es- check under subsection (a) shall include— reform the national service laws; which tablish a Volunteer Management Corps pro- ‘‘(1) a name-based search of the National gram by assisting skilled managers with was ordered to lie on the table; as fol- demonstrated management experience or ex- Sex Offender Registry established under the lows: Adam Walsh Child Protection and Safety Act pertise in finding meaningful volunteering of 2006 (42 U.S.C. 16901 et seq.); and On page 128, strike line 6 and insert the fol- opportunities to carry out activities, as de- ‘‘(2) submitting fingerprints to the Federal lowing: scribed in subsection (d). ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- Bureau of Investigation for a national crimi- ‘‘(2) CORPORATION’S ROLE.—In carrying out CATED ORGANIZATIONS.— nal history check. the Volunteer Management Corps program, ‘‘(1) IN GENERAL.—No assistance provided ‘‘(c) ELIGIBILITY PROHIBITION.—An indi- the Corporation may take steps to facilitate under this subtitle may be provided to an or- vidual shall be ineligible to serve in a posi- the process of connecting skilled managers ganization described in paragraph (2) (includ- tion described under subsection (a) if such with nonprofit organizations, and Federal, ing for the participation under this subtitle individual— State, and local governmental agencies, in of a participant in an approved national ‘‘(1) refuses to consent to the criminal his- need of the manager’s skills, such as— service position in activities conducted by tory check described in subsection (b); ‘‘(A) recruiting individuals with dem- such an organization) or to an organization ‘‘(2) makes a false statement in connection onstrated management experience or exper- that is co-located on the same premises as an with such criminal history check; tise to volunteer as Volunteer Management organization described in paragraph (2). ‘‘(3) is registered, or is required to be reg- Corps members; ‘‘(2) ORGANIZATIONS.—The organization re- istered, on a State sex offender registry or ‘‘(B) developing relationships with non- ferred to in paragraph (1) is a for-profit orga- the National Sex Offender Registry estab- profit organizations and Federal, State, and nization, political party, labor organization, lished under the Adam Walsh Child Protec- local governmental agencies to assist Corps or organization engaged in political or legis- tion and Safety Act of 2006 (42 U.S.C. 16901 et members in connecting with such organiza- lative advocacy. seq.); or tions and agencies in need of the members’ ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- ‘‘(4) has been convicted of a crime of vio- services; ERS lence, as defined in section 16 of title 18, ‘‘(C) approving the volunteering opportuni- United States Code.’’. SA 712. Mrs. SHAHEEN (for herself ties selected by Corps members under sub- section (d) as appropriate Volunteer Manage- and Mr. GREGG) submitted an amend- Mr. DEMINT submitted an ment Corps activities; and SA 709. ment intended to be proposed to amendment intended to be proposed to ‘‘(D) publicizing opportunities for Corps amendment SA 687 proposed by Ms. MI- members at nonprofit organizations and Fed- amendment SA 687 proposed by Ms. MI- KULSKI (for herself and Mr. ISAKSON) to eral, State, and local governmental agencies, KULSKI (for herself and Mr. ISAKSON) to the bill H.R. 1388, to reauthorize and or otherwise assisting Corps members in con- the bill H.R. 1388, to reauthorize and reform the national service laws; as necting with opportunities to carry out ac- reform the national service laws; which follows: tivities described in subsection (d). was ordered to lie on the table; as fol- In section 122 (a)(1)(B) of the National and ‘‘(d) CORPS MEMBERS.— lows: Community Service Act of 1990, as amended ‘‘(1) IN GENERAL.—A Volunteer Manage- On page 128, strike line 6 and insert the fol- by section 1302 of the bill, insert at the ap- ment Corps member shall select, subject to lowing: propriate place the following: the Corporation’s approval, a nonprofit orga- ‘‘(b) INELIGIBLE ORGANIZATIONS AND CO-LO- ‘‘(ll) providing skilled musicians and art- nization, or Federal, State, or local govern- CATED ORGANIZATIONS.— ists to promote greater community unity mental agency, with which to volunteer and ‘‘(1) IN GENERAL.—No assistance provided through the use of music and arts education carry out a volunteering activity described under this subtitle may be provided to an or- and engagement through work in low-income in paragraph (2) with such organization or ganization described in paragraph (2) (includ- communities, and education, health care, agency. ing for the participation under this subtitle and therapeutic settings, and other work in ‘‘(2) ACTIVITIES.—The activities carried out of a participant in an approved national the public domain with citizens of all ages;’’. by Volunteer Management Corps members service position in activities conducted by may include the following: such an organization) or to an organization SA 713. Mr. WARNER submitted an ‘‘(A) Developing and carrying out a com- that is co-located on the same premises as an amendment intended to be proposed to munity service project or program with a organization described in paragraph (2). amendment SA 687 proposed by Ms. MI- nonprofit organization, or Federal, State, or ‘‘(2) ORGANIZATIONS.—The organization re- local governmental agency. KULSKI (for herself and Mr. ISAKSON) to ferred to in paragraph (1) is an organization ‘‘(B) Assisting a nonprofit organization, or that provides or promotes abortion services, the bill H.R. 1388, to reauthorize and Federal, State, or local governmental agen- including referral for such services. reform the national service laws; which cy, of the Corps member’s choice, in creating ‘‘(c) NONDISPLACEMENT OF EMPLOYED WORK- was ordered to lie on the table; as fol- efficiencies and cost savings by using the ERS lows: Corps member’s expertise and skills.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.116 S25MRPT1 wwoods2 on PRODPC68 with SENATE March 25, 2009 CONGRESSIONAL RECORD — SENATE S3805 ‘‘(C) Recruiting other individuals with what you like, but it is truly a jewel of an In subsection (c)(8)(B)(iii) of section 119 of demonstrated management experience or ex- American tradition’’. the National and Community Service Act of pertise into pro bono service opportunities (2) Americans gave more than 1990, as added by section 1204, strike ‘‘of $500 with such organization or agency.’’. $300,000,000,000 to charitable causes in 2007, or $750’’. an amount equal to roughly 2 percent of the In section 147(d) of the National and Com- SA 714. Mr. WARNER (for himself gross domestic product. munity Service Act of 1990, as added by sec- and Mr. GREGG) submitted an amend- (3) The vast majority of those donations, tion 1404, strike ‘‘equal to’’ and all that fol- ment intended to be proposed to roughly 75 percent or $229,000,000,000, came lows through the period and inserting the amendment SA 687 proposed by Ms. MI- from individuals. following: ‘‘equal to $1,000 (or, at the discre- (4) Studies have shown that Americans tion of the Chief Executive Officer, equal to KULSKI (for herself and Mr. ISAKSON) to give far more to charity than the people of $1,500 in the case of a participant who is eco- the bill H.R. 1388, to reauthorize and any other industrialized nation—more than nomically disadvantaged).’’. reform the national service laws; which twice as much, measured as a share of gross was ordered to lie on the table; as fol- domestic product, than the citizens of Great SA 720. Mr. NELSON of Florida sub- lows: Britain, and 10 times more than the citizens mitted an amendment intended to be On page 235, between lines 9 and 10, insert of France. proposed by him to the bill H.R. 1388, the following: (5) 7 out of 10 American households donate to reauthorize and reform the national SEC. 1713. VOLUNTEER MANAGEMENT CORPS to charities to support a wide range of reli- service laws; which was ordered to lie STUDY. gious, educational, cultural, health care, and on the table; as follows: (a) FINDINGS.—Congress finds the fol- environmental goals. On page 183, between lines 2 and 3, insert lowing: (6) These charities provide innumerable the following: (1) Many managers seek opportunities to valuable public services to society’s most give back to their communities and address vulnerable citizens during difficult economic SEC. 1518. ADDITIONAL CAMPUS AND REPORTING REQUIREMENT. the Nation’s challenges. times. (a) FLORIDA CAMPUS.—The Director of the (2) Managers possess business and tech- (7) Congress has provided incentives National Civilian Community Corps under nical skills that make them especially suited through the Internal Revenue Code of 1986 to subtitle E of title I of the National and Com- to help nonprofit organizations and State encourage charitable giving by allowing in- munity Service Act of 1990 (42 U.S.C. 12611 et and local governments create efficiencies dividuals to deduct income given to tax-ex- seq.) shall establish a campus described in and cost savings and develop programs to empt charities. section 155 of such Act (as amended by sec- serve communities in need. (8) 41,000,000 American households, consti- tion 1505 of this Act) (42 U.S.C. 12615) for such (3) There are currently a large number of tuting 86 percent of taxpayers who itemize Corps in the State of Florida. businesses and firms who are seeking to deductions, took advantage of this deduction (b) AUTHORIZATION OF APPROPRIATIONS.— identify savings through sabbatical opportu- to give to the charities of their choice. There are authorized to be appropriated such nities for senior employees. (b) SENSE OF THE SENATE.—It is the sense sums as may be necessary for the establish- (b) STUDY AND PLAN.—Not later than 6 of the Senate that Congress should preserve ment of the campus required under sub- months after the date of enactment of this the full income tax deduction for charitable section (a). Act, the Corporation shall— contributions through the Internal Revenue (c) REPORT.—Not later than 1 year after (1) conduct a study on how best to estab- Code of 1986 and look for additional ways to the date of enactment of this Act, the Cor- lish and implement a Volunteer Management encourage charitable giving rather than to poration for National and Community Serv- Corps program; and discourage it. ice shall submit a report to Congress on the (2) submit a plan regarding the establish- effectiveness of the expansion of the Na- ment of such program to Congress and to the SA 717. Ms. LANDRIEU proposed an tional Civilian Community Corps in address- President. amendment to amendment SA 687 pro- ing the effects of hurricanes and tropical (c) CONSULTATION.—In carrying out the posed by Ms. MIKULSKI (for herself and storms in the southern region of the United study described in subsection (b)(1), the Cor- Mr. ISAKSON) to the bill H.R. 1388, to re- States. poration may consult with experts in the pri- authorize and reform the national serv- f vate and nonprofit sectors. ice laws; as follows: (d) EFFECTIVE DATE.—Notwithstanding sec- On page 92, strike line 1 and insert the fol- AUTHORITY FOR COMMITTEES TO tion 6101, this section shall take effect on the MEET date of enactment of this Act. lowing: ‘‘(H) A program that seeks to expand the COMMITTEE ON ENVIRONMENT AND PUBLIC SA 715. Mr. ENSIGN proposed an number of mentors for youth in foster care WORKS amendment to amendment SA 692 sub- through— Mr. DURBIN. Mr. President, I ask ‘‘(i) the provision of direct academic men- mitted by Mr. BAUCUS (for himself and toring services for youth in foster care; unanimous consent that the Com- Mr. GRASSLEY) to the amendment SA ‘‘(ii) the provision of supportive services to mittee on Environment and Public 687 proposed by Ms. MIKULSKI (for her- mentoring service organizations that di- Works be authorized to meet during self and Mr. ISAKSON) to the bill H.R. rectly provide mentoring to youth in foster the session of the Senate on Wednes- 1388, to reauthorize and reform the na- care, including providing training of mentors day, March 25, 2009 at 10 a.m. in room tional service laws; as follows: in child development, domestic violence, fos- 406 of the Dirksen Senate Office Build- On page 2, line 20, insert before the period ter care, confidentiality requirements, and ing to hold a hearing entitled, ‘‘The the following: ‘‘which shall include crisis other matters related to working with youth Need for Transportation Investment.’’ pregnancy centers, organizations that serve in foster care; or ‘‘(iii) supporting foster care mentoring The PRESIDING OFFICER. Without battered women (including domestic violence objection, it is so ordered. shelters), and organizations that serve vic- partnerships, including statewide and local COMMITTEE ON FOREIGN RELATIONS tims of rape or incest’’. These organizations mentoring partnerships that strengthen di- must be charities within the meaning of the rect service mentoring programs. Mr. DURBIN. Mr. President, I ask United States tax code. ‘‘(I) Such other national service programs unanimous consent that the Com- mittee on Foreign Relations be author- Mr. MENENDEZ submitted SA 716. Mr. THUNE proposed an SA 718. ized to meet during the session of the an amendment intended to be proposed amendment to amendment SA 687 pro- Senate on Wednesday, March 25, 2009, by him to the bill H.R. 1388, to reau- posed by Ms. MIKULSKI (for herself and at 9:30 a.m. thorize and reform the national service Mr. ISAKSON) to the bill H.R. 1388, to re- The PRESIDING OFFICER. Without authorize and reform the national serv- laws; which was ordered to lie on the objection, it is so ordered. table; as follows: ice laws; as follows: COMMITTEE ON FOREIGN RELATIONS At the appropriate place, insert the fol- In section 147(d) of the National and Com- Mr. DURBIN. Mr. President, I ask lowing: munity Service Act of 1990, as added by sec- tion 1404, strike ‘‘, for each of not more than unanimous consent that the Com- SEC. —. SENSE OF THE SENATE. 2 of such terms of service,’’. mittee on Foreign Relations be author- (a) FINDINGS.—The Senate finds the fol- ized to meet during the session of the lowing: SA 719. Mr. MENENDEZ submitted Senate on Wednesday, March 25, 2009, (1) President John F. Kennedy said, ‘‘The an amendment intended to be proposed at 2:30 p.m., to hold a hearing entitled raising of extraordinarily large sums of money, given voluntarily and freely by mil- by him to the bill H.R. 1388, to reau- ‘‘Foreign Policy and the Global Eco- lions of our fellow Americans, is a unique thorize and reform the national service nomic Crisis.’’ American tradition . . . Philanthropy, char- laws; which was ordered to lie on the The PRESIDING OFFICER. Without ity, giving voluntarily and freely . . . call it table; as follows: objection, it is so ordered.

VerDate Nov 24 2008 02:55 Mar 26, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25MR6.117 S25MRPT1 wwoods2 on PRODPC68 with SENATE S3806 CONGRESSIONAL RECORD — SENATE March 25, 2009 COMMITTEE ON HOMELAND SECURITY AND Wednesday, March 25, 2009, at 2:30 p.m., The legislative clerk proceeded to GOVERNMENTAL AFFAIRS in room 215 of the Dirksen Senate Of- call the roll. Mr. DURBIN. Mr. President, I ask fice Building. Mr. BARRASSO. Mr. President, I ask unanimous consent that the Com- The PRESIDING OFFICER. Without unanimous consent that the order for mittee on Homeland Security and Gov- objection, it is so ordered. the quorum call be rescinded. ernmental Affairs be authorized to SUBCOMMITTEE ON PERSONNEL The PRESIDING OFFICER. Without meet during the session of the Senate Mr. DURBIN. Mr. President, I ask objection, it is so ordered. on Wednesday, March 25, 2009, at 9:30 unanimous consent that the Sub- f a.m. to conduct a hearing entitled committee on Personnel of the Com- ‘‘Southern Border Violence: Homeland mittee on Armed Services be author- ORDER OF PROCEDURE Security Threats, Vulnerabilities, and ized to meet during the session of the Mr. BARRASSO. Mr. President, I ask Responsibilities.’’ Senate on Wednesday, March 25, 2009, unanimous consent that the period of The PRESIDING OFFICER. Without at 2:30 p.m. morning business tomorrow be limited objection, it is so ordered. The PRESIDING OFFICER. Without to 1 hour. COMMITTEE ON THE JUDICIARY objection, it is so ordered. The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask SPECIAL COMMITTEE ON AGING objection, it is so ordered. unanimous consent that the Senate Mr. DURBIN. Mr. President, I ask f Committee on the Judiciary be author- unanimous consent that the Special ized to meet during the session of the Committee on Aging be authorized to APPOINTMENTS Senate, to conduct a hearing entitled meet during the session of the Senate The PRESIDING OFFICER. The ‘‘Oversight of the Federal Bureau of In- on Wednesday, March 25, 2009 from 10:30 Chair, on behalf of the majority leader, vestigation’’ on Wednesday, March 25, a.m.–12:30 p.m. in Dirksen 106 for the pursuant to Public Law 105–83, an- 2009, at 9:30 a.m., in room SH–216 of the purpose of conducting a hearing. nounces the appointment of the fol- Hart Senate Office Building. The PRESIDING OFFICER. Without lowing individual to serve as a member The PRESIDING OFFICER. Without objection, it is so ordered. of the National Council of the Arts: the objection, it is so ordered. f Honorable SHELDON WHITEHOUSE of COMMITTEE ON SMALL BUSINESS AND Rhode Island. ENTREPRENEURSHIP ORDERS FOR THURSDAY, MARCH The Chair announces, on behalf of Mr. DURBIN. Mr. President, I ask 26, 2009 the majority leader, pursuant to the unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask provisions of S. Res. 105, adopted April mittee on Small Business and Entre- unanimous consent that when the Sen- 13, 1989, as amended by S. Res. 149, preneurship be authorized to meet dur- ate completes its business today, it ad- adopted October 5, 1993, as amended by ing the session of the Senate on journ until 9:30 a.m. tomorrow, Thurs- Public Law 105–275, adopted October 21, Wednesday, March 25, 2009, at 10:30 a.m. day, March 26; that following the pray- 1998, further amended by S. Res. 75, The PRESIDING OFFICER. Without er and pledge, the Journal of pro- adopted March 25, 1999, amended by S. objection, it is so ordered. ceedings be approved to date, the Res. 383, adopted October 27, 2000, and COMMITTEE ON VETERANS’ AFFAIRS morning hour be deemed expired, the amended by S. Res. 355, adopted No- Mr. DURBIN. Mr. President, I ask time for the two leaders be reserved for vember 13, 2002, and further amended unanimous consent that the Com- their use later in the day, and the Sen- by S. Res. 480 adopted November 21, mittee on Veterans’ Affairs be author- ate then proceed to a period for the 2004, the appointment of the following ized to meet during the session of the transaction of morning business, with Senators as members of the Senate Na- Senate on Wednesday, March 25, 2009. Senators permitted to speak for up to tional Security Working Group for the The Committee will meet in room 418 10 minutes each, with the time equally 111th Congress: the Senator from Flor- of the Russell Senate Office Building divided and controlled between the two ida, Mr. NELSON, and the Senator from beginning at 9:30 a.m. leaders or their designees, with the Re- Connecticut, Mr. LIEBERMAN. The PRESIDING OFFICER. Without publicans controlling the first half and Mr. BARRASSO. Mr. President, I objection, it is so ordered. the majority controlling the final half; make a note that these appointments SUBCOMMITTEE ON AVIATION OPERATIONS, further, that following morning busi- to the National Security Working SAFETY, AND SECURITY ness, the Senate resume consideration Group were inadvertently left off the Mr. DURBIN. Mr. President, I ask of H.R. 1388, the national service legis- March 9, 2009, appointment to this unanimous consent that the Sub- lation. group. committee on Aviation Operations, The PRESIDING OFFICER. Without f Safety, and Security of the Committee objection, it is so ordered. on Commerce, Science, and Transpor- SENIORS MENTAL HEALTH f tation be authorized to hold a meeting ACCESS AND IMPROVEMENT ACT during the session of the Senate on PROGRAM Mr. BARRASSO. Mr. President, I am Wednesday, March 25, 2009, at 9:45 a.m., Mr. DURBIN. Mr. President, tomor- honored to join my colleague from Ar- in room 253 of the Russell Senate Office row, at 4 p.m. in room 217 of the Cap- kansas, Senator BLANCHE LINCOLN, in Building. itol Visitor Center, there will be a clas- introducing Nos. 671, the Seniors Men- The PRESIDING OFFICER. Without sified Senators-only briefing with Spe- tal Health Access Improvement Act. objection, it is so ordered. cial Representative for Afghanistan For over a decade, Senator LINCOLN SUBCOMMITTEE ON ENERGY and Pakistan Richard Holbrooke. has been a strong voice advocating for Mr. DURBIN. Mr. President, I ask f health care policies in the Senate that unanimous consent that the Sub- apply specifically to rural commu- committee on Energy be authorized to ORDER FOR ADJOURNMENT nities. I am proud to join her as we meet during the session of the Senate Mr. DURBIN. Mr. President, if there fight to ensure Medicare patients liv- in order to conduct a hearing on is no further business to come before ing in rural and in frontier States have Wednesday, March 25, 2009, at 2 p.m., in the Senate, I ask unanimous consent it access to and a choice of their mental room 366 of the Dirksen Senate Office stand adjourned under the previous health professionals. Building. order following the remarks of Senator The Seniors Mental Health Access The PRESIDING OFFICER. Without BARRASSO. Improvement Act will permit marriage objection, it is so ordered. The PRESIDING OFFICER. Without and family therapists and licensed pro- SUBCOMMITTEE ON HEALTH CARE objection, it is so ordered. fessional counselors to bill Medicare Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I sug- directly. These providers will then re- unanimous consent that the Sub- gest the absence of a quorum. ceive 75 percent of the rate that psychi- committee on Health Care of the Com- The PRESIDING OFFICER. The atrists and psychologists receive for mittee on Finance will meet on clerk will call the roll. the same services.

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KEIRA A. POELLET I want my colleagues to know that S. stands adjourned until tomorrow at JACOB A. PUGH 671 does not expand covered Medicare 9:30 a.m. MICHELLE A. QUITUGUA JENNIFER J. RAAB services. It would simply give Medicare Thereupon, the Senate, at 6:29 p.m., DREW G. ROBERTS patients who are living in isolated adjourned until Thursday, March 26, DAVID ROUTHIER LEE F. SANDERSON frontier States, such as Wyoming, 2009, at 9:30 a.m. MATTHEW G. SCHWARTZ more choices for mental health pro- DAMON P. SCOTT f MULGHETTA A. SIUM viders. DARRIN M. SKOUSEN Today, approximately three-quarters NOMINATIONS TIAUNDRA D. SORRELL JODI M. VELASCO of the nationally designated mental Executive nominations received by WILLIAM DAVID VERNON health professional shortage areas are the Senate: TIFFANY M. WAGNER located in rural areas. Over half of all ELWOOD L. WATERS III DEPARTMENT OF AGRICULTURE DANIEL J. WATSON rural counties have no mental health PAUL E. WELLING DALLAS P. TONSAGER, OF SOUTH DAKOTA, TO BE ROBERT C. WILDER services of any kind. Frontier counties UNDER SECRETARY OF AGRICULTURE FOR RURAL DE- DYLAN B. WILLIAMS have even more dramatic numbers—95 VELOPMENT, VICE THOMAS C. DORR, RESIGNED. RICHARD D. YOUNTS percent do not have a psychiatrist, 68 DEPARTMENT OF HOUSING AND URBAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEVELOPMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR percent do not have a psychologist, and FORCE UNDER TITLE 10, U.S.C., SECTION 624: 78 percent do not have a social worker. PETER A. KOVAR, OF MARYLAND, TO BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, To be lieutenant colonel Virtually all of Wyoming is designated VICE SHEILA MCNAMARA GREENWOOD. a mental health professional shortage CHRISTOPHER B. BENNETT DEPARTMENT OF HEALTH AND HUMAN SERVICES THOMAS L. CLUFF, JR. area. ROBERT C. COTTRELL, JR. MARGARET A. HAMBURG, OF THE DISTRICT OF COLUM- GAIL E. CRAWFORD In Wyoming, there is a total of 474 BIA, TO BE COMMISSIONER OF FOOD AND DRUGS, DE- TIFFANY A. DAWSON mental health providers who are cur- PARTMENT OF HEALTH AND HUMAN SERVICES, VICE AN- ANDREA M. DECAMARA DREW VON ESCHENBACH, RESIGNED. PATRICK J. DOLAN rently eligible to care for Medicare pa- DAVID B. EBY tients and bill Medicare for their serv- IN THE COAST GUARD MICHELE A. FORTE ices—474. Additionally, we have over THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK W. FRANZESE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- KYLE W. GREEN 500 licensed professional counselors and DICATED UNDER TITLE 14, U.S.C., SECTION 271: CALEB B. HALSTEAD, JR. BRANDON L. HART 61 marriage and family therapists who To be rear admiral (lower half) MATTHEW T. JARREAU JOHN C. JOHNSON are currently licensed to practice. CAPT. ROBERT E. DAY, JR. None of them are able, at this time, to JAMES H. KENNEDY III IN THE AIR FORCE JAMES E. KEY III charge Medicare for the services they ANTONY B. KOLENC THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KIM E. LONDON provide. By enacting this Seniors Men- TO THE GRADE INDICATED IN THE UNITED STATES AIR AMY L. MOMBER tal Health Access and Improvement FORCE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW J. MULBARGER CHARLES D. MUSSELMAN, JR. Act, that would more than double— To be major KATHERINE E. OLER more than double—the number of men- RYAN G. MCPHERSON DANIEL A. OLSON RALPH A. PARADISO tal health providers available to treat THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MICHELE A. PEARCE MENT TO THE GRADE INDICATED IN THE RESERVE OF JAMES W. RICHARDS IV seniors in my State. THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: Medicare patients in Wyoming are MICHAEL S. RODERICK To be colonel THOMAS M. RODRIGUES often forced to travel great distances ROBERT N. RUSHAKOFF to see mental health providers who are MARK J. IVEY ELIZABETH L. SCHUCHSGOPAUL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL W. TAYLOR currently recognized by the Medicare TO THE GRADE INDICATED IN THE UNITED STATES AIR GRAHAM H. TODD FORCE UNDER TITLE 10, U.S.C., SECTION 624: OWEN W. TULLOS program. To make matters even more TIMOTHY J. TUTTLE of a challenge, rural and frontier com- To be colonel JEREMY S. WEBER DAVID J. WESTERN munities have a tough time recruiting PAUL L. CANNON and retaining these providers—all pro- GARY S. LINSKY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN A. SCHAICK TO THE GRADE INDICATED IN THE UNITED STATES AIR viders but especially mental health CHERRI S. WHEELER FORCE UNDER TITLE 10, U.S.C., SECTION 624: care providers. In many small towns, a THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES AIR licensed professional counselor or a WILLIAM A. BARTOUL FORCE UNDER TITLE 10, U.S.C., SECTION 624: marriage or family therapist is the JAMES D. BRANTINGHAM To be major DAVID L. CARR only mental health care provider in the JOSEPH DEICHERT area. RICHARD EDWARD ALFORD JAMES M. GLASS ROBERT J. ANDERSON GREGORY D. JANS Medicare laws only compound the SONDRA A. BELL WILLIAM GERALD OSULLIVAN current situation. TAMONA L. BRIGHT MARK W. SAHADY AMY E. BRYAN GERALD HARVEY SNYDER, JR. Right now, only psychiatrists, clin- MATTHEW D. BURRIS WARREN A. WATTIES ical psychologists, clinical social work- ERNEST JOHN CALDERON II G. LLOYD WOODBURY, JR. PAOLINO M. CALIENDO GEORGE T. YOUSTRA ers, and clinical nurse specialists can KEVIN D. CATRON bill Medicare for mental health serv- LINDSAY E. CONTOVEROS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROYAL A. DAVIS TO THE GRADE INDICATED IN THE UNITED STATES AIR ices. So it is time the Medicare Pro- WILLIAM D. DEITCH FORCE UNDER TITLE 10, U.S.C., SECTION 624: gram recognizes the qualifications of JAMES R. DORMAN To be major GLORIA A. DOWNEY licensed professional counselors and PAUL E. DURKES PETER BRIAN ABERCROMBIE II marriage and family therapists. They DARREN M. EICKEN TODD W. ABSHIRE LISA D. FILL MATTHEW P. ACER do play a crucial role in this Nation’s SHELLY M. FRANK J. A. ACEVEDO mental health care. LANCE E. FREEMAN RODGER N. ACKLIN NATHAN N. FROST ADAM J. ACOCK These providers go through rigorous THOMAS A. GABRIELE OLGA L. ACOSTA training, and it is similar to the cur- DARREN S. GILKES DAVID C. ADAMS ANDREW D. GILLMAN GREGORY M. ADAMS riculum of a master’s level social MARLA JUDITH GILLMAN KIRK D. ADAMS worker. They must not be excluded CORETTA E. GRAY MICHAEL J. ADAMS PATRICIA A. GRUEN ROBERT B. ADAMS from the Medicare Program. I believe MARGARET L. HANNAN SCOTT L. ADAMS S. 671 is critically important to the CHARLES J. HEBNER DAVID R. ADAMSON RYAN A. HENDRICKS SUSAN M. ADAMSON health and the well-being of our Na- AMBER E. HIRSCH SHILETTE M. ADDISON REED tion’s seniors. It is time for this bill to BRANDON C. JAROCH TONI L. AGNEW MATTHEW T. KING DIANA E. AGUILAR become law. SHANDRA J. KOTZUN VICTOR J. AGUILAR I yield the floor. ERIKA E. LYNCH JONATHAN E. AIRHART JOSEPH E. MANAHAN COREY M. AKIYAMA f SCOTT W. MEDLYN CARMELO ALAMO, JR. CHARLTON J. MEGINLEY JOHN F. ALBERT ADJOURNMENT UNTIL 9:30 A.M. ETIENNE J. MISZCZAK MELISSA M. ALBLINGER AIRON A. MOTHERSHED FREDERICK V. ALDRICH TOMORROW JASON S. OSBORNE BRIAN M. ALEXANDER The PRESIDING OFFICER. Under BRENT F. OSGOOD CHARLES R. ALLEN, JR. STERLING C. PENDLETON JUSTIN T. ALLEN the previous order, the Senate now STEPHAN PIEL MATTHEW R. ALLEN

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WILLIAM H. ALLEN, JR. JESSICA BEDELL JUSTIN E. BRIGHT MITCHELL L. ALLEY MARIA T. BEECHER SHANNON E. BRILL MAELI A. ALLISON JOHN T. BEEDE, JR. BURTON G. BRINKER RICHARD H. ALLISON JONATHAN R. BEHUNIN ERIC R. BRINKMAN RUSSELL P. ALLISON BERNIE E. BEIGH MICHAEL T. BROCKBANK JAMES C. ALLMAN KAY A. BEIGH ABDULLAH A. BRODIE CLAYTON H. ALLMON JENNIFER B. BEISEL BENTLEY A. BROOKS CHRISTOPHER T. ALLRED MICHAEL D. BELARDO ROBERT J. BROOKS RASUL S. ALSALIH ALPHONZO R. BELCHER TROY J. BROSKOVETZ CARL J. ALSTATT JENNIFER T. BELCHER AHAVE E. BROWN, JR. KEITH R. ALTENHOFEN ZDRAVKO BELIC BENJAMIN P. BROWN JAMES D. ALVES JADEE A. BELL DANIEL J. BROWN PHILIP D. AMBARD KIM C. BELL DAVID M. BROWN LAWRENCE JAMES ANDERLEY SHAUN G. BELLAMY JOEL N. BROWN ANTHONY W. ANDERSON JOSEPH A. BEMIS JON C. BROWN CHRISTOPHER A. ANDERSON BRAD A. BEMISH KIRK C. BROWN DAVID R. ANDERSON TODD D. BENDER MICHAEL W. BROWN JASON R. ANDERSON BRIAN J. BENJAMIN DAVID A. BRUCE JAY K. ANDERSON BENJAMIN F. BENNETT SEAN P. BRUCE JOHN E. ANDERSON DAVID I. BENNETT STEVEN P. BRUMMITT MARK S. ANDERSON NELSON P. BENNETT JOHN S. P. BRUNNER PAUL D. ANDERSON BRIAN D. BENNINGFIELD ELAINE M. BRYANT STEPHEN P. ANDERSON JOHN D. BENSON MICHAEL T. BRYANT VANESSA M. ANDERSON JOHN F. BENSON TRACEY A. BRYANT LAURA A. ANDRADE HARRISON MARK C. BENSON PARKIN C. BRYSON JOSHUA K. ANDREWS CORY C. BENTON DOCIA A. BUCHANAN MICHAEL J. ANDREWS MICHAEL A. BENZA JESSICA F. BUCHTA MICHAEL R. ANDREWS DEAN E. BERCK AARON R. BUCK SOUNDER R. ANDREWS CHRISTOPHER J. BERGSTROM CHRISTOPHER J. BUCKLEY STEPHEN L. ANDREWS CHRISTIAN M. BERGTHOLDT BRIAN J. BUDDE CRAIG R. ANDRLE ALULA B. BERHANE RYAN P. BUDINKO GLENN B. ANGELES ROBERT E. BERISH DAVID C. BUDZKO SEAN D. ANGUS ROBERT A. BERNAZAL CHRISTOPHER J. BUECHLER LEWIS M. ANTHONY GAVIN A. BERNE JAMES J. BUESSING, JR. ELIZABETH A. APTEKAR JAMES F. BERTLING, JR. LAURA M. BUNYAN JERRETT A. ARCHER EDWARD J. BESTA, JR. JONATHAN R. BURD DANIEL J. ARKEMA MICHELE RENEE BESWICK DARIUS E. BURDEN ERIC R. ARMENTROUT ANGEL E. BETANCOURTTOYENS ROBERT A. BURDETTE JAMES D. ARNETT DAVID A. BETHEL JAMES L. BURGESS JIMMY W. ARNOLD MARK C. BETTERS JEREMIAH J. BURGESS JEFFREY J. ARSENAULT ROLAND BEZOVICS JOSHUA D. BURGESS TIMOTHY G. ARSENAULT WILLIAM A. BIERENKOVEN SIERRA C. BURGESS ADONIS C. ARVANITAKIS THOMAS E. BIERLY AARON J. BURKE BRIAN D. ASCHENBRENNER DAVID C. BILLS ANN M. BURKS ALFRED J. ASCOL ROBERT G. BINGHAM KRISTINA C. BURNE JAMES T. ASHLOCK, JR. BENJAMIN J. BISHOP BRIAN S. BURNHAM MARK L. ASHMAN JOSHUA JEFFREY BISHOP JAYDEE A. BURNS JAMES E. ASKINS ERIC M. BISSONETTE WILLIAM ROBERT BURNS CARLOS G. ASSAF PAULA D. BISSONETTE ANDREW L. BURROUGHS MATTHEW A. ASTROTH NICOLE M. BITTLE ERIC B. BURROUGHS JAMES W. ATCHLEY, JR. ERIC R. BIXBY JASON P. BURROUGHS ROBERT G. ATKINS ANDREW H. BLACK JONATHAN J. BURSON JASON E. ATTAWAY JOHN D. BLACKMAN TRAVIS A. BURTON GLENN K. AUGE JASEN B. BLACKSBURG MATTHEW L. BUSCH RANDALL R. AUSTILL KIP D. BLACKWELL RICHARD J. BUSH ROBERT A. AUSTIN MICHAEL J. BLAIR ROGER L. BUSHORE ANDREW J. AVERY CHARLOTTA D. BLALOCK JOHN D. BUSKE KEVIN P. AVERY TIMOTHY A. BLANK DEBRA L. BUTLER DANNY AVILA JEFFREY A. BLANKENSHIP JOSEPH M. BUTRYN ADAM H. AVNET JAMES S. BLAZAK CHRISTOPHER K. BUTTS ALAN B. AVRIETT, JR. JASON E. BLEVINS RODERIC K. BUTZ ERIK M. AXT MICHAEL R. BLISS KEVIN W. BYRD CHARLES F. AXTELL ANQUENETTA BLOUNT MALCOLM M. BYRD STEVEN J. AYRE DARRELL A. BOARD JAMES M. BYRNE SARAH S. BABBITT TIMOTHY R. BOBINSKI EDWIN R. BYRNES JASON R. BACHELOR ALLEN D. BOETTCHER JOSE L. CABRERA ROBERT E. BADER, JR. BRIAN W. BOETTGER LUIS N. CAIRO ERIC D. BADGER YULANDA J. BOGANY MARCUS B. CALDERON RYAN J. BAGLEY CHRISTOPHER J. BOILEAU JOSHUA N. CALDON DONNY LYNN BAGWELL SEAN BOLDT DAVID W. CALLAWAY CRAIG S. BAILEY ROBERT L. BOLES JOHN A. CAMINO GREGORY P. BAILEY JOEL ANDREW BOLINA MICHAEL B. CAMPBELL MARK P. BAILEY KENT D. BOLSTER ERIC W. CANNELL BLAINE L. BAKER STEVEN J. BOLSTER DANIELL A. CANNON LUKE A. BAKER DOUGLAS W. BONARO JERALD M. CANNY KRISTEN D. BAKOTIC WILLIAM H. BONES JAMES R. CANTU BRIAN A. BALAZS JOSEPH M. BONNER JOHN T. CANTY KYLE M. BALDASSARI TIMOTHY E. BOOK MICHAEL A. CAPOZZI ERNIE J. BALDREE JOSEPH S. BOOTH NICOLE L. CAPOZZI NICHOLAS J. BALDWIN STEPHEN F. BOOTH BRIAN W. CAPPS TOBIN C. BALDWIN DAVID A. BOPP HEATHER R. CAPURRO JASON W. BALES THOMAS P. BORREGO MICHAEL J. CARAWAN JOHN I. BALL RAFAEL A. BOSCH LEONARDO A. CARDENAS JEFFREY M. BANKER GREGORY D. BOSCHERT RICHARD A. CAREY MARK E. BARAN DEREK M. BOUGHNER WILLIAM H. CAROTHERS III ROBERT P. BARAN YVETTE K. BOURCICOT NANCY L. CARR CHARLEEN BARLOW GRAHAM W. BOUTZ THOMAS K. CARR HARLEY R. BARMORE CHAD T. BOWDEN ERIC M. CARRANO GREGORY M. BARNES JONATHAN D. BOWEN CHRISTOPHER D. CARROLL RENAE BARNES RICHARD J. BOWER KENDRICK L. CARROLL RICHARD D. BARNHART DANIEL S. BOWES SCOTT R. CARSON RYAN F. BARRETT THOMAS R. BOWMAN CHARLES L. CARTER CRAIG R. BARRINGTON ROSS T. BOWN DANIEL L. CARTER GAIUS S. BARRON CHRISTOPHER D. BOYD LORRIE C. CARTER MARGARET L. BARRY RONALD G. BOYD STEVEN J. CARTER DAVID K. BARTELS DAVID A. BOYER VIRGIL A. CARTER DAVE K. BARTELSON THOMAS H. BOYLE JORDAN M. CARVELL BRENDON C. BARTHOLOMEW WILLIAM L. BOYLES, JR. JASON R. CASE CASEY J. BARTHOLOMEW MICHAEL M. BOYNTON JONATHAN P. CASEY JEFF K. BARTLETT DAVID J. BOYTIM SCOTT K. CASSANO MATTHEW A. BARTLETT THOMAS R. BOZUNG JOSE L. CASTANEDA VANESSA C. BARTLEY DENVER M. BRAA JEREMY R. CASTOR AUSTIN A. BARTOLO DAWN P. BRACKROG JOSHUA A. CATES KEVIN L. BASS ANDRE R. BRADLEY HILBURN B. CAULDER CHARLES J. BASSETT III PATRICK L. BRADYLEE JASON P. CECCOLI JAIME BASTIDAS, JR. BRIAN A. BRAGG RYAN CANAAN CENGERI KYLE C. BATE WILLIAM D. BRAGG DAVID J. CHABOYA PAUL G. BATISH BRADLEY L. BRANDT DAVID S. CHADSEY QUIANA M. BATTS RICARDO S. A. BRAVO BRIAN D. CHANDLER JAMES D. BAUER CHRISTOPHER T. BRAY CLIFFORD J. CHAPMAN GREGORY R. BAUR COLE L. BRAY MICHAEL D. CHARLES MELVIN I. BAYLON MICHAEL P. BRAZDA SCOTT M. CHARLTON JIMACIE N. BEARD, JR. CHRISTOPHER J. BRECHEISEN DOUGLAS A. CHARTERS JERRY E. BEAVER, JR. ALISON P. BREEDEN DAREN J. CHAUVIN THERESA D. BEAVER CHRISTOPHER W. BREFFITT RUDOLFO CHAVEZ III TIMOTHY D. BECK LANCE M. BRENNEKE ELIZABETH A. CHERNEY JEFFREY R. BECKHAM ADAM C. BRIGHT RAYMOND H. CHESTER, JR.

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JUSTEN D. CHILBERT RAYMOND L. DANIEL JOSHUA A. ELLIS KEVIN R. CHILDS DENNIS J. DANIELS CHAD R. ELLSWORTH LOYD G. CHILDS RICHARD L. DANIELS JONATHAN J. ELZA MATTHEW S. CHISAM TIMOTHY J. DANOS, JR. EDWARD M. EMERSON II JASON C. CHISM JOHN R. DARITY WENDY I. ENDERLE RYAN PATRICK CHMIELEWSKI JOHN M. DAUTEL ROGER W. ENGLE III ADAM S. CHMURA MICHAEL T. DAVILA MICHAEL J. EPPER BRIAN D. CHRISTENSEN DARRIN B. DAVIS JASON O. ERICKSON CHARLES F. CHRISTENSEN DONOVAN S. DAVIS DAVID A. ERICSON ERIC J. CHRISTENSEN JAMES M. DAVIS JOSEPH M. ESLER RICARDO M. CISNEROS ROBERT WILLIAM DAVIS JONATHAN E. ESPARZA BILLY W. CLARK SANDRA J. DAVIS N. KEIBA J. ESTELLE BRANT CLARK SCOTT S. DAVIS MATTHEW W. ESTOUP BRENT CLARK TASSIKA M. DAVIS JOHN T. ETHRIDGE CHRISTOPHER G. CLARK WALLACE B. DAVIS JAMES K. EUSTIS JAMES M. CLARK JOHN P. DAVITT BRIAN EVANS RYAN A. CLARK DONALD R. DAY CARMEN C. EVANS MATTHEW J. CLAUSEN KAREN M. DAYLEHORSLEY MORGAN J. EVANS ROBERT C. CLAY JONATHAN M. DEA JILL M. EVENSKI DENNIS C. CLEMENTS JUSTIN R. DEAN BRIAN A. EWASKO JASON D. CLENDENIN BRETT A. DEANGELIS STEWART A. EYER RYAN D. CLEVELAND MICHAEL E. DEAVER CHRISTOPHER G. EYLE WILLIAM J. CLEVELAND JOSHUA W. DEBOY ALEXANDER B. FAFINSKI JAMES L. CLINE JOHN B. DECKER MARTIN R. FAGAN JOSHUA R. CLOSE WILLIAM R. DEFOREST DAVID A. FAGGARD ROBERT N. J. CLOUSE KENNETH S. DEGON BENJAMIN D. FALLIN MAX A. COBERLY, JR. ANTHONY J. DEGREGORIA RYAN LEE FANDLER CHRISTOPHER B. COCHRAN ERIC P. DEHN MATTHEW T. FARLEY ROBERT P. M. COCKE NICHOLAS E. DELCOUR JAMES D. FARM RICO C. CODY ILYNE SYL D. DELIQUINA WENDY J. FARNSWORTH TYRONE M. COFIELD GREGORY DEMARCO ROBERT A. FAUSTMANN BRUCE H. COHN LEWIS A. DEMASO MICHAEL E. FEALKO MITCHELL J. COK BRIAN A. DENARO ALLAN J. FEEK JASON M. COLBORN JOSEPH C. DENNING III TIFFANY A. FEET JAMES W. COLE III RANDALL D. DEPPENSMITH RONALD G. FEHLEN TIMOTHY J. COLE DARRIN L. DEREUS STEPHEN T. FEKETE STEPHANIE E. COLEMAN RYAN T. DERZON CENTRON FELDER SHAD K. COLGATE ANDREW C. DESANTIS, JR. RICCO FELICIANO CASEY J. COLLIER JOHN M. DESIR JEFFREY T. FELTON AMY JO COLLINS GORDON G. DEVRIES LARRY FENNER BRETT L. COLLINS CHRISTOPHER M. DICKENS BRIAN M. FERGUSON CHRISTOPHER W. COLLINS JEREMY C. DICKEY CHANEY L. FERGUSON MARIAN R. COLLINS PABLO F. DIEPPA JOHN FRANKLIN FERGUSON MICHAEL E. COLLINS AMANDA J. DIETRICH ADRIANA M. FERNANDEZ GREGORY S. COLLISTER MARK A. DIETRICH GABRIEL J. FERNANDEZ PHILIP J. COLOMY NATHAN P. DILLER TAYLOR T. FERRELL NATHAN T. COLUNGA NATHAN E. DILLON MARK R. FERSTL MARK S. COLWELL IAN M. DINESEN JAMES CECIL FIELDS II RANDY C. COMBS ANDREW J. DINUZZO ISRAEL FIGUEROARODRIGUEZ RYAN P. COMBS NICHOLAS M. DIPOMA JEFFREY J. FINCH LEE A. COMERFORD BRANT A. DIXON CEDRIC L. FINNEN DAVID R. COMPTON JAMES J. DO WILLIAM F. FISH, JR. WILLIAM D. CONE DOUGLAS J. DODGE TIMOTHY J. FITZPATRICK BRIAN S. CONFER SHON P. DODSON ERIC A. FLATTEM JENNIFER M. CONK FREDERICK W. DOHNKE JAMES I. FLEMING RYAN D. CONK MORGAN C. DOLYMPIA SCOTT M. FLEMING CHRISTOPHER CONNOLLY JEREMY A. DOMB CHARLES R. FLETCHER DERRICK D. CONNOR THOMAS S. DONAHUE FRANCISCO A. FLORES MICHAEL J. CONRAD DAVID H. DONATELLI II JONATHAN FLORES MICHAEL A. CONTARDO MICHAEL J. DOOLEY JOHN A. FLORY BENJAMIN D. COOK PATRICK J. DORAN ROBERT C. FOLKS NATHAN ROBERT COOK TYSON R. DORAN BILLY R. FONDREN RUSSELL P. COOK CRAIG DORN SCOTT E. FOREMAN JAMES H. COOKE MICHAEL J. DORRELL JOSEPH D. FORTIN II THOMAS M. COOKE ERIC J. DOSSER DOUGLAS E. FOSTER WILLIAM G. COOLEY JOEL KENT DOUGLAS ROBERT W. FOWLER BRYAN J. COOPER NATHANIEL J. DOUGLAS HEATHER A. FOX CORY A. COOPER PATRICK J. DOYLE IAN M. FRADY ALAN F. COPELAND CHARLES P. DOZIER GREGORY G. FRANA JERRYMAR J. COPELAND, JR. ROSSIUS A. DRAGON CABELL D. FRANCIS SHAWN P. COREY DIANNE A. DREESMAN EDWARD M. FRANCIS DARYL G. CORNEILLE NATHAN O. DREWRY MICHAEL U. FRANCIS MICHAEL S. CORNELIUS AARON E. DRIPPS NICOLE H. FRANCIS MELISSA D. CORNOR LLOYD G. DROPPS, JR. ABIGAIL A. FRANDER JAMES F. CORRIGAN, JR. JAMES M. DRUELL AARON J. FRANKLIN JASON P. CORRIGAN DAVID L. DRUMMOND JAMEY K. FRAZIER RYAN J. CORRIGAN PATRICK J. DUBE SCOT A. FRECHETTE MICHAEL J. CORSAR THOMAS E. DUBE ERIK A. FREDMONSKY DAVID CORTEZ APRIL M. DUCOTE BENJAMIN S. FREEBORN KEVIN R. COSSEY CHRISTOPHER M. DUFFETT TERRELL FREEMAN II FRANCISCO COSTA CORY P. DUFFY JON R. FRIEDMAN JAMES RONALD COUGHLIN PETER J. DUFFY MARK J. FRIESEN JOSEPH D. COUGHLIN DAVID J. DUFRESNE SHANE C. R. FRITH KENNETH R. COULOMBE JOHN M. DUKE CARL E. FROHMAN ADAM J. COURT HOLLI L. DUNN KASEY L. FRY DANIEL R. COURTRIGHT BRANDON C. DURANT JUSTIN M. FRYE JAMES D. COVELLI GREGORY C. DURHAM MICHAEL A. FUGETT BRUCE A. COX LAURA M. DURHAM TIMOTHY B. FUHRMAN CHRISTOPHER G. COX RYAN E. DURHAM BRIAN K. FUHS STEPHEN M. COX PAUL A. DURST BUD M. FUJIITAKAMOTO JOSHUA R. CRAIG BEN T. DUSTMAN CHARISE J. FULLER JAMES F. CRAWFORD, JR. BRYAN J. DUTCHER CHRISTIAN M. FULLER KIM M. CRAWFORD CRAIG B. DUTTON BREANNA D. FULTON SEAN M. CREAN RICOCARLO C. DY MICHAEL S. FURMAN NATHAN A. CREECH CHESLEY L. DYCUS LARRY W. GABE WILLIAM J. CREEDEN MICHAEL T. EASON ANDREW J. GABRIELSKI JOHN B. CREEL CHARLES D. EAST STEVEN J. GADOURY MARK L. CRETELLA TIMOTHY J. EATON PHILIP H. GAGNON PETER A. CRISPELL KEVIN J. EBERHART JOHNNY L. GALBERT MATTHEW P. CROCKETT MICHAEL A. EBERL DEREK P. GALLAGHER LACY D. CROFT III GREGORY R. EBERT MICHAEL S. GALLAGHER HEATHER R. CROOKS CHRISTOPHER J. EBERTH JONATHAN S. GALLEGO ROSE E. CROSHIER DOUGLAS E. ECKERT WILLIAM J. GALLIAN CHRISTOPHER J. CROTTY JASON T. EDDY RICHARD W. GALSTERER II KENNETH A. CROWE RYAN G. EDDY JUDE I. GAMEL SCOTT C. CRUM DANIELLE R. EDELIN RAYMOND W. GAMERO MATTHEW T. CRUMLEY MICHAEL A. EDMONSTON DAVID A. GARAY KEVIN CUARTAS JOSHUA C. EGAN CHRISTOPHER P. GARDNER SANDRA P. D. CULPEPPER KEVIN D. EGGERS JASON L. GARLAND DENNIS C. CUMMINGS ROBERT F. EHASZ DAVID M. GARNER ANDREW B. CUNNAR RONALD K. EHRESMAN DAVID K. GARON DEREK M. CUNNINGHAM ROBERT E. EKLUND MATTY L. GARR SCOTT R. CUNNINGHAM MATHEW W. ELLEBY ROBERT D. GARRETT, JR. JOHN F. CURREN DANIEL J. ELLERBROOK MICHAEL C. GARZA ROBERT C. CUSTER BRIAN T. ELLIOTT STEVE J. GARZA II JAMES H. DAILEY GARRY L. ELLIOTT GEORGE H. GARZON SARA E. DAILEY OLIVIA S. ELLIOTT JOHN F. GAUGHAN

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JOHN A. GAZZAWAY ALEXANDER A. HAM JAMES T. HORNE JOSEPH P. GEANEY DENNIS J. HAMILTON ERIC M. HORST BRIAN D. GEBO HENRY J. HAMILTON JONATHAN R. HOUGNON EMILY D. GEBO NICHOLAS H. HAMILTON RACHEL A. HOUSE CHAD A. GEMEINHARDT REBECCA A. HAMILTON MARK D. HOWARD VINCENT M. GEMMITI, JR. JEREMIAH J. HAMMILL STEVEN L. HOWARD JENNIFER T. GENDZWILL JACOB L. HAMMONS TRACEY A. HOWELL DANIEL C. GENEST ROBERT A. HAMMONTREE CYNTHIA E. HOWZE CHRISTOPHER D. GENTILE JOSHUA M. HAMPTON JASON P. HRYNYK CHRISTOPHER A. GENTRY MARCUS C. HAMPTON JAMES A. HUDNELL CINDY R. GENTRY PHILLIP W. HANCOCK, JR. CHARLES B. HUDSON JEREMIAH S. GENTRY CHARLES R. HANCOX ERIC W. HUDSON BENJAMIN E. GEORGE GUNNAR J. HANKINS JAMES F. HUDSON, JR. BRIAN M. GEORGE MATTHEW L. HANNON JASON E. HUFF LANCE M. GEORGE KIRK M. HANSEN CHRISTIEN N. HUGHES MICHAEL P. GERANIS CHRISTOPHER A. HANSON CHRISTOPHER M. HUGHES EDWIN GERMOSEN KENNETH P. HANSON COLIN P. HUGHES BRIAN S. GERWE BRADLEY J. HARBAUGH DAVID M. HUGHES ANDREW J. GEYER BRIAN L. HARDEMAN EMILY E. HUHMANN COREY D. GIBBS WILLIAM M. HARDIE CHERYL A. HUIATT VIRGIL G. GIBBS STEPHEN C. HARDING BOBBY L. HUNT DONNY G. GIBSON JOSEPH J. HAREN JAMES D. HUNT MATTHEW W. GIBSON STEVEN A. HARLER THOMAS B. HUNT GAVIN G. GIGSTEAD MARIBEL HARMON DAVID J. HUNTER HARDY T. GILES II KENNETH M. HARNEY JAYSON K. HUNTSMAN SCOTT A. GILLER DONNIE O. HARP GREGORY B. HURLEY ERIC N. GILLESPIE JOEL T. HARPER RONALD D. HURT BENJAMIN J. GILLULY L. D. HARPER MATTHEW S. HUSEMANN MICHAEL J. GILMORE MICHAEL A. HARRIGAN JOHN M. HUTCHINS JOSEPH L. GILPIN CHAD A. HARRIS DONALD W. HUTCHISON RICHARD S. GLADE CRAIG W. HARRIS THOMAS A. HUTTON NATHAN E. GLAUVITZ RICHARD S. HARRIS JOHN R. HUTZEL NATHAN I. GLAVICH BRENDAN P. HARRISON PATRICIA L. HYLAND TRACY L. GLAZER JOHN M. HARRISON TIMOTHY D. HYLAND BRADLEY C. GLENISTER MICHAEL R. HARRISON CHRISTOPHER V. IAVARONE ETHEL Y. GLENN AARON HART MANAAL N. IBRAHIM CHRISTOPHER A. GLIDDEN WILLIAM B. HARTMAN DAVID P. ILGENFRITZ SANDRA D. GOBLE WALTER B. HARVEY DENISE N. ILKAY DONALD G. GODBEY II SHABBIR HASAN JOSHUA J. IMME JEFFREY M. GODZIK MARSHA L. HASBERGER THAROMMONY T. IN AMY L. GOFF KAREEM W. A. HASKETT RYAN C. INGLE CYNTHIA LYNN GOHIER CHARLES E. HASSELL JOSEPH A. INGRAM RUSSELL D. GOHN DORY L. HASSON IAN M. IRVINE JASON R. GOLDBERG KATHLEEN M. HASSON CATERCIA S. ISAAC DANIEL M. GOLDSMITH MATTHEW C. HASSON RYAN L. ISMIRLE JOHN J. GOMEZ JIMMY DALE HATAWAY CHRISTOPHER M. ISRAEL MANUEL J. GOMEZ KEVIN E. HAY KAREN E. JACK FERMIN M. GONZAGA DANIEL F. HAYES CHARLES H. JACKSON, JR. JOSE A. GONZALEZ RYAN T. HAYES JASON D. JACKSON JON P. GOODMAN TRAVIS J. HAZELTINE KENNETH L. JACKSON, JR. AMANDA J. GOOKINS CHARLES A. HEBERT ANDREW P. JACOB STEVEN J. GORMAN HARVEY E. HECK ERIC D. JACOBS RICHARD A. GRAB BRENT D. HECKEL RICHARD A. JACOBS TORREZ L. GRACE JEFFREY L. HEDGPETH ANGELA M. JACOBSON JOHN L. GRADY, JR. PATRICK J. HEGARTY GENE A. JACOBUS JOHN G. GRAHAM DAVID A. HEINITZ GREGORY A. JAKUS STEPHEN C. GRAHAM JOHARI J. HEMPHILL KEVIN M. JAMES STEPHEN C. GRAHAM CLEMONS D. HENDERSON NICHOLAS C. JAMESON THOMAS JERROLD GRAHAM DANIEL C. HENDERSON ROBERT E. JAMESON, JR. MICHAEL E. GRAHN STEPHEN W. HENDREN JAMMIE LYNN HIMSL JAMIESON KEVIN A. GRANT MICHAEL J. HENDRICKS KEVIN M. JAMIESON ROBERT L. GRANT ERIC K. HENDRICKSON MARCUS W. JANECEK JONATHAN S. GRATION JAMES M. HENDRICKSON ERIC J. JANSKI ERIK B. GRATTEAU DUANE D. HENRY JESSE JARAMILLO PAUL M. GRAVES MATTHEW C. HENSLEY JORGE F. JARAMILLO DAVID T. GRAY ADAM J. HEPP JACOB S. JAWORSKI KATHRYN L. GRAY BRIAN P. HERMAN SCOTT D. JENDRO MARK P. GRAZIANO DAVID M. HERON, JR. ALVIN J. JENKINS BRIAN S. GREANIA DANIEL M. HERVAS DAVID E. JENKINS RICHARD W. GRECULA SKYLER D. HESTER JEFFREY SCOTT JENKINS ANDREW J. GREEN MELISSA R. HEYEN KENT R. JENSEN HERBERT T. GREEN ALEXANDER L. HEYMAN MARK H. JENSEN JOHNNIE C. GREEN ALBERT J. HIBPSHMAN SCOTT A. JENSEN NATHAN E. GREEN PATRICK N. HICKS JIMMY J. JEOUN MARC E. GREENE RHETT S. HIERLMEIER DANIEL S. JERDAN MATTHEW B. GREENWOOD JESSE W. HIGER KEVIN R. JERNIGAN YADIRA C. GREESON JASON E. HIGGS GREGG W. JEROME JEREMY R. GREY TRAVIS J. HIGGS COREY A. JEWELL JUSTIN T. GRIEVE MATTHEW P. HILEMAN ZACHERY B. JIRON BRIAN D. GRIFFIN MICHELLE M. G. HILL BENJAMIN A. JOHNSEN JONATHAN T. GRIFFIN TODD S. HILL ANDRE M. JOHNSON AARON B. GRIFFITH STEVEN W. HILLARD BRANDON E. JOHNSON CLAUDE T. GRIFFITHS LORI M. HINDERER CAMI L. JOHNSON MATTHEW M. GRIMES DANIEL J. HINGLEY CAREY F. JOHNSON ROFELIO LAVENON GRINSTON BRIAN O. HINKEN CHRISTOPHER A. JOHNSON KEVIN S. GRISWOLD PETER L. HINRICHSEN DANIEL C. JOHNSON GARRETT M. GROCHOWSKI PAUL H. HINSON ERIK S. JOHNSON PATRICK E. GRUBER NATHAN J. HIPPE ERIK W. JOHNSON KYLE B. GRYGO RICARDO HIRALDO IAN J. JOHNSON ADAM GUBITOSI DANIEL S. HOADLEY JOHN A. JOHNSON, JR. BRUCE T. GUEST CATHERINE E. HOARD KIP E. JOHNSON SHAUNTELL GUILLORYHAWKINS EUGENE B. HOCKENBERRY KIRK W. JOHNSON PAUL K. GULCK HOUSTON B. HODGKINSON MARK A. JOHNSON COLE W. GULYAS BRAD K. HOFFMAN MATTHEW K. JOHNSON DERRICK D. GURLEY BRIAN E. HOFFMAN MISTY G. JOHNSON ANTHONY M. GURRIERI DAVID ASHBY HOFFMAN PETER MATHIAS JOHNSON ERIK R. GUSTAFSON GREG J. HOFFMAN ROBERT A. JOHNSON JEFFREY T. GUTTMAN GREGORY S. HOFFMAN SCOTT G. JOHNSON SAMANTHA M. HABERLACH DOUGLAS A. HOGAN JEFFREY W. JOHNSTON DOUGLAS E. HABERSTROH BRYAN M. HOKE WILLIAM R. JOHNSTON KARL E. HAGARTY MICHAEL W. HOLDCROFT DAVID W. JONES NATHAN D. HAGERMAN WILLIAM D. HOLL GREG L. JONES LEE D. HAGES JEFFREY G. HOLLAND JAMES R. JONES JOSEPH W. HAGGERTY CHIP W. HOLLINGER JENNIFER C. JONES DAVID A. HAGLER TERRY P. HOLLINGSWORTH JUDSON B. JONES MICHAEL L. HAIRE PARIS J. HOLLIS MICHAEL W. JONES EDWARD W. HALE JOHN C. HOLLISTER STEVEN C. JONES JOHN M. HALE TAMMY L. HOLLISTER STEVEN S. JONES ERIC D. HALER JONATHON W. HOLLOWAY TREVOR A. JONES COLLEEN E. HALL ARIC D. HOLLY WILLIAM J. JONES JAMES C. HALL JAMES M. HOLMES M. L. JORDAN, JR. JEFFREY J. HALL TERRANCE J. HOLMES JOEL T. JORGENSEN JUSTIN L. HALL NATHANIEL P. HOLTON DAVID A. JOSSART PATRICK G. HALL AUSTIN D. HOOD CHRISTOPHER T. JOYCE RANDY S. HALL BRIAN J. HOOD THOMAS A. JUNTUNEN SCOTT B. HALL JAMES T. HOPKINS KEVIN W. JUSTICE SHAWN TRAVIS HALL JASON W. HOPKINS MARSEY K. JUSTICE

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ANDREW J. JUTTE STEPHEN P. LAPORTE MATTHEW L. MANNING DOUGLAS A. KABEL AARON C. LAPP ZACHARY D. MANNING TETSUO KAIEDA PETER F. LARRABEE JOSEPH MANNINO ROBERT M. KAIN ADAM D. LARSON JORGE L. MANRESA JASON M. KALIN ANDREW J. LARSON NICOLE C. MANSEAU JASON M. KALMAN AARON G. LASCH NATHAN L. MANSFIELD JASON P. KANE SHANNA J. LATIMER MIHAI MANTA DREW G. KANIKEBERG JOHN C. LATOUR CARLOS C. MARARAC PAUL A. KANNING MATTHEW E. LAUBACHER BRIAN J. MARBACH KARIE DENISE KAPISE BENJAMIN J. LAUBSCHER JOSHUA K. MARCUS NATHAN KARTCHNER KENNARD R. LAVIERS ANTHONY K. MAREK PETER E. KASARSKIS JOSEPH M. LAWS KEVIN A. MARES JEFFERY S. KASSEBAUM SCOTT E. LAWSON JAMES M. MARION ANDREW V. KATZ ERIC W. LAZENBY MICHAEL J. MARLIN MICHAEL D. KAUN MATTHEW T. LEBLANC GARY R. MARLOWE RYAN B. KAY GREGORY S. LECRONE CHRISTOPHER M. MARONEY BRETT N. KAYES CHRISTOPHER B. LEDFORD JEFFREY M. MARSHALL DAVID P. KECK DARRYL B. LEE JENNINGS B. MARSHALL RYAN M. KEHOE DAVID J. LEE KENNETH MARSHALL ADAM J. KEIL JARRETT S. LEE LONNY G. MARSHALL CRAIG DOUGLAS KEITER KEVIN R. LEE NATHAN J. MARSHALL STEPHEN R. KEITH KIMBERLY E. LEE STEVEN A. MARSHALL TERRANCE C. KEITHLEY SONDA L. LEE TONY L. MARSHALL SAM J. KELLEY STEPHEN D. LEE VERNON P. MARTENS ALLEN L. KELLY II WILLIAM M. LEE ANDREW A. MARTIN MARK S. KELLY JOE E. LEEPER JAROD MARTIN PATRICK A. KELLY ANDREW R. LEGAULT JEFFREY A. MARTIN PAULA A. KELLY DENNIS R. LEIGH NICHOLAS H. MARTIN DANIEL P. KENISON JEREMY C. LEIGHTON RENEE A. MARTIN JOANN N. KENNEALLY PAUL J. LEIM DAVID G. MARTINEZ HARRY L. KENNER JERRY E. LEINECKE JASON E. MARTINEZ TYLER SCOTT KERN LEOPOLD H. LEMELSON ALFRED P. MARTZ DAVID A. KERNS JOHN SCOT C. LEMKE JAMES H. MASONER, JR. EUGENE R. KESELMAN MAX A. LEMONS ANTHONY P. MASSETT BENJAMIN W. KESSLER BRETT M. LENT AARON J. MATE UMAR M. KHAN STEPHEN H. LEPRELL BARRY S. MATHENEY EDWARD KIM WILLIAM D. LESTER FRANK A. MATHEY TORY D. KINDRICK HUNTER S. LETCHMAN TODD A. MATSON RYAN J. KINDSETH DUNCAN C. LEUENBERGER ANDREW H. MATTHEWS LAURA A. KING STEVEN J. LEUTNER ETHAN W. MATTOX MARY M. KING ANDRE PIERRE A. LEVESQUE GABRIEL P. MATTY MEGAN A. KINNE MICHAEL B. LEWIS DAVID M. MAX TIMOTHY A. KIPP SCOTT S. LEWIS CHRISTOPHER E. MAXEY SHAMEKA N. KIRK TY C. LEWIS JOSEPH D. MAXON TROY A. KIRK JENNIFER A. LIBBY LOREN K. MAXWELL DOUGLAS KISBY CHAD R. LICHTY JAMES R. MAY THOMAS C. KISIO BRIAN M. LIGHTFOOT GREGORY C. MAYER JOHN H. KLAPP DALE M. LIGHTFOOT ERNEST G. MAYFIELD BRANIN W. KLAUSMAN JAN P. LINCH MICHAEL H. MAYO MARK P. KLEEMAN BRINTON C. LINCOLN RICHARD D. MAZE DAVID J. KLEIN MICHAEL J. LINDER CHRISTINA J. MAZGAJEWSKI JASON W. KLINKEL LONNIE N. LINGAFELTER THOMAS J. MCCANN MICHAL KLOEFFLER BRANDON J. LINGLE JASON E. MCCARDELL JOSHUA J. KLOTH ELDRICK LINK JASON M. MCCARTY CHANTEL M. KNAPP KARSTEN E. LIPIEC JEFFERY K. MCCARTY BRIAN L. KNAUF JASON E. LISKA MATHEW J. MCCARTY WILLIAM S. KNEPPER BREEA J. LISKO TIMOTHY K. MCCARTY SCOTT F. KNERR JEROME C. LITZO, JR. KEVIN K. MCCASKEY CHRISTOPHER P. KNIER MICHELE A. LOBIANCO DAVID A. MCCASKILL ANTHONY D. KNIGHT DAVANCE E. LOCKLEAR SCOTT H. MCCLAIN RICHARD A. KNISELEY II TIMOTHY R. LOGAN JEREMIAH J. MCCLENDON NICOLE L. KNUDSEN SIDNEY T. LONEY, SR. WILLIAM S. MCCLURE TYLER D. KNUDSEN THOMAS D. LONG JONATHAN C. MCCOLLISTER BRIAN A. KNUDSON ANDRES I. LOPEZ MICHAEL L. MCCONNELL MICHAEL S. KNUTT JOSE A. LOPEZ BARBARA L. MCCOY BRIAN K. KOCH RICARDO J. LOPEZ WILLIAM G. MCCULLEY RODRICK A. KOCH ROBERT M. LOPEZ DENNIS J. MCCULLOUGH JOHN G. KOCHANSKI RICHARD A. LOPEZDEURALDE KEITH L. MCDANIEL CHRISTOPHER M. KOEHLER KEVIN M. LORD JASON E. MCDONALD JOHN J. KOEHLER WILGA C. LOTHES WILLIAM C. MCDONALD CHAD D. KOHOUT MARC C. LOVELACE DAVID P. MCDONNELL ANDRE KOK CHRISTOPHER J. LOVETT MATTHEW R. MCDONNELL ROBERT J. KONGAIKA ALBERT F. LOWE WILLIAM A. MCDOWELL II ANDREAS T. KONHAEUSER KARALYNE SUZANNE LOWERY RICHARD F. MCELHANEY, JR. CARRIE M. KONOWICZ RAYNA W. LOWERY KELLY D. MCELVENY BRANDON D. KOONCE JOHN LUCAS STEPHEN D. MCFADDEN LEVON KOONCE BRIAN M. LUCE SHONTRE D. MCFARLIN NATHAN C. KORAN GRANT E. LUDEMAN TROY L. MCGATH WILLIAM C. KOSTAN DAMIEN V. LUDWICK LAURA L. MCGEE MICHAEL A. KOVALCHEK ANGEL J. LUGO MARK MCGILL RICHARD R. KOVSKY WILLIAM A. LUJAN JOHNNY RAYMOND MCGONIGAL BENJAMIN R. KOWASH JACOB L. LUKENS ERIC J. MCGREEVY JOSEPH C. KOZUCH DOUGLAS C. LUNDIN WADE H. MCGREW ALEX E. KRAUSE MIHAI A. LUNGULESCU KEITH C. MCGUIRE MIA L. KREIMEIER FRANK LUSHER LANCE H. MCINNISH JAMES D. KREINBRINK WILLIAM S. LUSSIER HOBART A. MCINTOSH RICHARD D. KREIT JOSEF E. LUSTIG BRIAN P. MCINTYRE KRISTOPHER J. KRIPCHAK AMITY L. LYNCH JOSHUA M. MCINTYRE GARY G. KRUPP NADINE C. LYNN BRIAN E. MCKAY MATTHEW R. KUCIA LISA M. MABBUTT DAVID L. MCKENZIE KEVIN S. KUCIAPINSKI CLARK C. MABRY TIMOTHY L. MCKENZIE SCOTT R. KULLE ERIC J. MACCHIAVERNA WILLIAM H. MCKIBBAN DAN K. KUNKEL IAN E. MACGREGOR MATT G. MCKINNEY JOSHUA K. KUNTZMAN REBECCA C. MACISAAC DOUGLAS R. MCLEAN CHRISTOPHER M. LACEK TONYA Y. MACK NATHAN MCLEOD HUGHES JOEL T. LACKEY JONATHAN M. MACKAY PATRICK J. MCMAHON JAMES A. LADD JUSTIN D. MACKEY STEVEN E. MCMENAMIN JAMES M. LAFERRIERE WILLIAM T. MACLIN JOHN D. MCMILLEN JEFFREY R. LAFLEUR DOUGLASS A. MACPHERSON AMANDA R. MCMILLIAN MARK R. LAHEY MICHAEL J. MADDOX ALFRED J. MCNABB MICHAEL J. LAKE AARON D. MADISON GRANT W. MCNELIS JESSE W. LAMARAND BRIAN C. MAES SHAWN M. MCPHERSON STEVEN N. LAMB MARCY R. MAFFEI WROTEN MCQUIRTER III DAVID J. LAMKIN KENNETH L. MAGEE CLARENCE F. MCRAE, JR. ROBERT L. LAMORE DAVID R. MAGNUSON ADRIAN A. MEADOWS PHILIP D. LANCASTER DAVID W. MAHER ROBERT S. MEANLEY, JR. MICHAEL D. LANDERS LAURA S. MAHER ANTHONY J. MEDAGLIA MICHAEL S. LANDERS LAUREN MAHER MICHAEL S. MEDGYESSY SHAUN J. LANDRY STEPHEN S. MAHONEY MATTHEW R. MEDLEY ANDREW W. LANDWER MAX T. MAI JASON W. MEDSGER ALFRED F. LANE STEPHEN J. MAILE ROBERT E. MEEHAN, JR. BETH C. LANE BRYAN D. MAIN BRYAN DOUGLAS MEEK BRIAN D. LANE KRISTOPHER M. MALLOY CHRISTOPHER B. MEEKER ADAM R. LANG DONALD P. MAMMANO JEURNEY KRISSTOPHA MEEKINS REBECCA S. LANGE STEPHEN W. MANCINI CHRISTOPHER A. MEHLHAFF BREANNA K. LANKFORD JON A. MANCUSO TYSON S. MEINHOLD FRANCIS W. LANKIST, JR. ROSAIAH MANIGAULT MICHAEL J. MELLOTT

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MARTIN A. MENTCH REID J. NOVOTNY SCOTT A. PIERCE ANDREW J. MERCER, JR. CELINA E. NOYES TOM R. PINA TODD P. MERCER DAVID P. NUCKLES KENNETH E. PINK MICHAEL J. MERIDITH THOMAS F. NUGENT II JASON T. PINKERTON SARAH E. MERSNICK ROBERTO E. NUNEZ ANTHONY J. PINTO WALDINE W. MESSMORE JANA R. A. NYERGES DAMIAN G. PITELL CHRISTOPHER M. METHVIN DEREK C. OAKLEY JAMES R. PITNEY, JR. JOSEPH P. METZDORF STEVEN R. OBANNAN COLBY R. PLATNER STEAVEN A. MEYER BIREN OBEROI JOHN I. PLATT KEVIN R. MEYERS PHILLIP B. OBRIANT JULIAN H. PLATT ALBERT F. MEZA JAMES C. OBRIEN III RACHAEL M. PLATZ JOSEPH R. MICHAELSON DAVID M. OCH SHANNON C. PLESS MARC J. MIEDZIAK BRIAN R. OCONNELL CHARLES G. PLOETZ JOHN A. MIKAL ROBERT L. ODOM PHILIP W. POEPPELMAN BERTRAM MILLAGE, JR. BRENDAN N. ODONNELL FRANCIS G. POINDEXTER ALEXANDER J. MILLER MARK W. ODONNELL ABIGAIL I. PONN BRANDON L. MILLER AARON J. OELRICH JEREMY M. PONN CAREY E. MILLER BRIAN J. OGRADY LYNWOOD A. POOLE, JR. CRISTIN A. MILLER CHRISTIAN J. OGROSKY JOSHUA M. POPE JAKE L. MILLER KEITH A. OHALLORAN MARK D. PORCELLA JARED R. MILLER RYAN P. OHARA KELLEY POREE LISA A. MILLER LEAH C. OHERON PATRICK A. PORTELE MARK A. MILLER KENDRA B. OHLSON OSCAR F. PORTILLO MATTHEW J. MILLER BURT N. OKAMOTO HEIDI L. POTTER MICHAEL A. MILLER JOSEPH E. OKASINSKI JEFFREY N. POVOLISH TY E. MILLER ROBERT E. OKEEFE PHILIP R. POVOLISH, JR. WILLIAM A. MILLER MATTHEW A. OLIJNEK JASON F. POWELL DAVID C. MILLETT LLOYD D. OLINGER MICHAEL A. POWELL MARC K. MILLIGAN ADAM L. OLIVER TERENCE R. POWELL LANCE M. MILLONZI RONALD W. OLIVER CHRISTOPHER D. POWER MATTHEW D. MINKLEY STEVEN W. OLIVER KEVIN C. PRATTE MICHAEL S. MINZYK KIRK M. OLSON AMY R. PREDMORE ANDREW C. MISCISIN SCOTT D. OLSON FRANK E. PREDMORE MELODY H. MITCHELL BERNARD J. ONEILL GREGORY J. PREISSER RODNEY D. MITCHELL PETER T. ONEILL WILLIE G. PRESIDENT WAYLON SAMUEL MITCHELL FERNANDO ONTIVEROS MICHAEL J. PRICE SANDRA A. MIZELL HERNAN E. ORELLANA, JR. BRAD M. PRISBE GARLAND T. MOBLEY JEFFERY N. ORR SCOTT E. PROM BROCK D. MOLDEN MARIO ORTEGA JOEL PROSIO KIMBERLY L. MONK JOSE I. ORTIZ MATTHEW S. PUCKETT ALLEN H. MONROE MEREDITH J. ORTIZ JEREMY E. PULLEN DAVID B. MOON TAMMY M. ORTUNG TIMOTHY D. PURCELL ADAM E. MOORE KEDRIC J. OSBORNE BRYAN M. PURTELL ALAN JOSEPH MOORE MATTHEW P. OSTERHAGE NATHAN R. PURTLE GARY B. MOORE TIMOTHY J. OSULLIVAN ROMAN PYATKOV JASON P. MOORE CHRISTOPHER R. OTT SANDRA D. QUINONES JOHANNES C. MOORE EVART B. OUTLAW PETER J. RABER JULIE C. MOORE BRIAN C. OWEN MICHAEL S. RABY SHANNON E. MOORE JAMES P. OWEN DEREK A. RACHEL TIMOTHY S. MOORE RODNEY D. OWEN JAMIE M. RADEMACHER RICHARD C. MOORES MICHAEL E. OWENS JUSTIN B. RADFORD JENNY L. MOOSE THOMAS J. OZIEMBLOWSKY RAZVAN N. RADOESCU JASON P. MORAES ANDREW T. PACIONE PATRICK B. RAGAN GREGORY E. MORANO DEBORAH A. PACKLER SCOTT R. RALEIGH ROBIN D. MOREE BROOKE E. PAGE JUSTIN L. RAMEY CLIFFORD W. MORGAN KARL OSCAR PALMBERG ADALBERTO M. RAMIREZ TIMOTHY O. MORGAN CLINT TINEI PALMER AUDREY M. RAMPONE BRIAN C. MORITZ STEVEN L. PALMER JOHN D. RAMSEY III WESLEY J. MORRIS FEDRA G. PALOMINO CHRISTIAN E. RANDALL YOSEF A. MORRIS MICHAEL J. PALUBA, JR. SCOTT W. RANDALL II LAMONT C. MORROW BENJAMIN M. PANCOAST BRIAN D. RANDOLPH CHAD N. MORTON KRISTIN L. PANZENHAGEN TODD E. RANDOLPH BENJAMIN C. MOSLEY DANA L. PAPE DAETHA J. RANKIN II BRIAN E. MOSLEY THOMAS G. PARK DAVID L. RANSOM KLIFFORD W. MOSLEY MICHAEL D. PARKER MARK A. RARDIN REGINALD V. MOSLEY OSCAR PARRA MATTHEW P. RARDON RYAN C. MOSSMAN JOSHUA F. PARSONS BRYAN F. RARIDON MARK A. MUCHENBERGER TIMOTHY M. PASCHKE OMAR T. RASHID JOSEPH J. MUHLBERGER MARK J. PASIERB RYAN J. RASMUSSEN GREGORY D. MULLEN ALLISON M. PATAK RYAN W. RASMUSSEN CHRISTOPHER REID MULLINS DANIEL J. PATAK JONATHAN D. RATCHICK STEVEN P. MULLINS LEWIS PATE, JR. JAMES L. RAY TRAVIS D. MULLINS ERIC S. PATTON GERRY A. RAYMOND ZENSAKU M. MUNN MATTHEW G. PATTON ROBERT P. RAYNER BRYAN J. MURDOCK SCOTT R. PAUL ERIC M. REAGAN ANDREW GRADY MURPHY NATHAN J. PAULEY MATTHEW E. REAGAN DARREN W. MURPHY NATALIE C. PAULL CLINTON C. REDDIG JAMES M. MURPHY DAMIEN F. PAVLIK JASON A. REED MICHAEL P. MURPHY CARL R. PAWLING JEREMIAH J. REED ANNA M. MURRAY BRIAN S. PAYNE JOHN C. REED CRISTIAN A. MURRAY KATHRYN A. PAYNE ROBERT W. REED NATHAN M. MURRAY TODD D. PEARSON MELINDA K. REEDER JAMES P. MURTHA JOSHUA C. PECK MATTHEW J. REESE DAYLIN S. MYERS CHAD E. M. PELEKAI JEREMY J. REEVE JOHN P. MYERS RICK T. PELZL CARRIE E. REGISTER MARSHA D. MYERS STEVEN J. PENA JASON H. REGISTER LANCE W. MYERSON IVAN A. PENNINGTON CHRISTOPHER K. REICHL MICHEAL H. NADING, SR. CARLOS M. PERAZZA CHRISTOPHER K. REID JAMIE L. NASH FRANCISCO PEREZ DE ARMAS JASON H. REID RYAN J. NASH DWAYNE S. PEREZ REGGIE T. REID EARL D. NAST OLEXIS O. PEREZ MATTHEW R. REILMAN TIMOTHY E. NAUROTH ANDREW B. PERNELL DONNA L. REISING STEPHEN J. NAVA NICHOLAS R. PERNELL JEREMY L. RENKEN JEFFERY A. NAYLOR GUY PERROW RYAN J. RENSBERGER KEVIN D. NELSON TY A. PERSCHBACHER LARRY H. REQUENEZ NORA J. NELSON JEFFREY D. PERSONIUS ADAM G. RESSLER PATRICK D. NELSON ANDREW B. PETERSON SHELDON A. RESSLER SARAH E. NELSON BRIAN D. PETERSON RICHARD K. REYNA THOMAS A. NELSON GAVIN L. PETERSON RYAN S. REYNOLDS TREVOR J. NEWSHAM JAMES B. PETERSON DEREK R. RHINESMITH DAN ARON NEWTON JAVIN C. PETERSON ERIC A. RICE TODD A. NEWTON KEVIN C. PETERSON ALLAN D. RICH BEAU M. NICEWANNER MICHAEL A. PETERSON CAMERON RICHARDSON BARRY C. NICHOLS JOSHUA W. PETRY CHRIS C. RICHARDSON GEORGE E. NICHOLS GEOFFREY A. PETYAK CHARLES L. RICHMOND BRIAN M. NICOSIA MICHAEL W. PETZ WALTER K. RICHMOND II MICHAEL B. NIELSEN MARCIE A. PFEUFFER JAYSON J. RICKARD CARISSA M. NIEMI AUGUST L. PFLUGER JERRY P. RIDGWAY STEVEN M. NIEWIAROWSKI RYAN THONG PHAM V CHRISTOPHER J. RIEMER JOHN S. NOLAN, JR. ROBERT A. PHELPS BRIAN M. RIGGLE ANDREW E. NORDIN DANIEL A. PHILLIPS BROOKE A. RINEHART CAMERON P. NORDIN DENNIS L. PHILLIPS SERGIO RIOS JAIME J. NORDIN KENRIC L. PHILLIPS JOSHUA H. RITZMANN CRAIG A. NORDSKOG MATTHEW T. PHILLIPS AMY M. RIVERA JAMES D. NORMAN JUSTIN W. PICCHI DELBERT R. RIVERA IVAN G. NORMANDIA THOMAS J. PICHE AARON J. RIVERS VICTOR R. NORRIS BENJAMIN L. PIERCE JOSEPH W. ROACH

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RYAN B. ROACH MICHAEL D. SCHUYLER JONATHAN S. SPENCER DIANA J. ROBERGE RANDY D. SCHWINLER CHRISTOPHER J. SPLEES MICHAEL J. ROBERSON MICHAEL J. SCIANNA BRIAN L. SPLIETHOF DAVID VERNON ROBERTS AMY N. SCOTT HUGH P. SPONSELLER GREGORY R. ROBERTS ANDREW C. SCOTT SIDNEY S. SQUIRES MACKLE E. ROBERTS BRIAN G. SCOTT BRIAN D. SROUFE JODY J. ROBERTSON DAVID R. SCOTT ANGELO A. STAAGUEDA CHRISTINA S. ROBINSON ELIZABETH H. SCOTT NATHAN R. STACKHOUSE CHRISTOPHER J. ROBINSON JANICE BARKER SCOTT THOMAS C. STADY DAVID M. ROBINSON MATTHEW A. SCOTT BRIAN T. STAHL GAYCHA L. ROBINSON DAVID H. SCROGGINS JAN H. STAHL JUSTIN P. ROBINSON CHRIS W. SEAGER DAVID I. STAMPS PATRICK M. ROBINSON BRIAN L. SEALOCK CHRISTINE STANABACK CRAIG S. ROBLYER JOHN E. SEBESTA MATTHEW S. STANFORD LARRY L. ROCHAT PAUL J. SEBOLD JOSEPH M. STANGL GEOFFREY J. ROCHE LUIS A. SEGURA FREDERICK M. STANLEY JAMES F. ROCHE KENNETH C. SEIVER KEVIN B. STANLEY CHARLES H. ROCK JAMES M. SELL WESLEY B. STARK BRENT A. ROCKOW MICHAEL J. SELLERS JOHN G. STAUDT III FELICIA A. RODDA TAPAN SEN WILLIAM S. STAYBERG AUGUSTO RODRIGUEZ APONTE ERIC G. SENG MICHAEL R. STEELE ANIBAL J. RODRIGUEZ MICHAEL C. SERE KRISTY D. STEENBERGE JULIO E. RODRIGUEZ DANIEL F. SEVIGNY JAMES L. STEFF, JR. JOSEPH W. ROE RICHARD S. SEYMOUR SCOTT J. STELL KATHRYN N. ROMAN BRANDON G. SHADE ERIK J. STENGEL NICHOLAS A. ROMANO ROBERT R. SHALLENBERGER CHANSE D. STEPHENS RYAN D. ROMANO PAUL A. SHAMY DARRYLE STEPHENS JULIUS C. ROMASANTA BRENDAN M. SHANNON GRADY C. STEPHENS MICHAEL A. ROMERO STACEY L. SHAUL BRETT L. STEVENS CHRISTOPHER G. RONESS CHRISTA M. SHAVERS DWAIN A. STEVENS BOBBY L. ROPER BILLY SHAW JON B. STEVENS BYRON R. ROSE DENISE A. SHEA WILLIAM E. STEVENS JAMES P. ROSE PAUL E. SHEETS GERALD A. STEVENSON JEREMY M. ROSE JOHN D. SHELL ANGELA G. STEWART JASON J. ROSS GARON L. SHELTON STERLING M. STEWART JEREMY M. ROTH ADAM C. SHICKS JONATHAN U. STICKA BRADLEY A. ROTHWELL ANDY C. SHIELDS TODD M. STINCHFIELD NELSON D. ROULEAU, JR. ARTHUR A. SHIELDS, JR. SAMUEL CLAIRE STITT JONAH J. ROUSE NENGWEI T. SHIH ANDREW P. STOCKMAN JARON H. ROUX JONATHAN L. SHILL JAMES E. STODDARD NATHAN P. ROWAN KENNETH W. SHINN JIM A. STOKMAN JEFFREY S. ROWSEY DAN J. SHINOHARA TARA R. STORCH STEVEN M. ROYCROFT ROBERT J. SHIPP, JR. KENNETH A. STREMMEL DONITA K. RUEHS KENNETH M. SHIRLEY MARLON J. STRICKLAND JAY L. RUESCHHOFF WILLIAM J. SHNOWSKE DEREK A. STRUNK MARK D. RUIZ JEREMIAH A. SHOCKLEY RANDY N. STUBBS ERIK M. RUSSELL LEONARD M. SHORES III MARK P. SULLIVAN JONATHAN E. RUSSELL DEREK L. SHOWERS SHAYNE M. SULLIVAN MATTHEW C. RUSSELL ROBERT E. SHRADER WILLIAM A. SULLIVAN ROBERT M. RUSSELL JOY M. SHUCK DANIEL SUSICH NICHOLAS G. RUTGERS THEODORE J. SHULTZ JUSTIN L. SUTHERLAND JAMES M. RYAN ANDREW J. SHURTLEFF ROSS H. SUTHERLAND LISA B. RYAN MATTHEW P. SICOLA CHRISTOPHER D. SUZZI SCOTT B. RYAN ROBERT A. SIDES STEPHEN T. SWAINE WESLEY C. RYAN MICHAEL V. SIEBERT WILLIAM K. SWAN DOUGLAS S. SAAB JASMIN SILENCE NICHOLAS J. SWEENEY FRANCIS M. SAAVEDRA JAMES D. SILVA SCOTT R. SWEENEY ANNE M. SABLATURA PHILLIP H. SILVA ROBERT G. SWIECH CHRISTOPHER J. SAETTEL CHARLES R. SILVANIC, JR. TOBIAS B. SWITZER DENNIS R. C. SAGUIN ERIC L. SILVER JOHN A. SYC JOSEPH J. SAILER LAWRENCE T. SILVERMAN ANTHONY SYLVAIN STEVEN SAKS MARK D. SILVIUS MICHAEL R. SYNAKIEWICZ ANTONIO V. SALAZAR JESUS T. SIMENTAL STEVEN SYNGAJEWSKI BRADLEY A. SALMI JASON W. SIMMONS MEGHAN M. SZWARC ABRAHAM D. SALOMON, JR. TERRY B. SIMONTON LARRY C. TANKSLEY, JR. JOHN R. SALYER DAVID W. SIMPSON TONI J. TANNER ANTHONY JONES SAMPSON BRIANA J. SINGLETON FRANK A. TARAVELLA MICHAEL J. SANDER LOGAN B. SISSON ERIK M. TARNANEN GEORGE R. SANDERLIN JENNIFER J. SITZ REGINA J. TATE CHRISTOPHER D. SANDERS CHAD S. SITZMANN APRYLE M. TAYLOR MICHAEL E. SANKEY BETHANY L. SLACK CRAIG A. TAYLOR MARK H. SANTASIERO DENNIS H. SLADE JEFFREY L. TAYLOR DANIEL J. SANTORO LORENZO SLAY, JR. LATRESE M. TAYLOR SARAH C. SANTORO MARK ANDREW SLETTEN RAY CURTIS TAYLOR III JARED M. SANTOS MARK A. SLIK RYAN T. TAYLOR JENNIFER L. SARACENO NISHAWN S. SMAGH SCOTT M. TAYLOR FELICIA SARGENT CLAYTON A. SMALL TRACY L. TAYLOR TRACI A. SARMIENTO PATRICK H. SMILEY WILLIAM W. TAYLOR, JR. MATTHEW P. SATTLER KRISTOFFER SMITH RODRIGUEZ JASON M. TEAGUE GREGORY M. SAVELLA II ANDREW R. SMITH TREMAYNE N. TEASLEY ALEXANDER SAYRE ANTHONY T. SMITH AARON H. TELTSCHIK MICHAEL J. SCALES BRIAN C. SMITH DOUGLAS D. TEMPLETON ALBERT F. SCAPEROTTO, JR. CHRISTOPHER D. SMITH LAURA C. TERRY JOHN N. SCARLETT CHRISTOPHER K. SMITH NATHAN B. TERRY LAVONDRA SCARVER JAMES M. SMITH JAMES I. THACKER JOSHUA M. SCHAAD JASON M. SMITH KEVIN F. THACKER ERIC A. SCHAFER JEFFREY A. SMITH RAYMOND R. THALER HENRY B. SCHANTZ JEFFREY D. SMITH JOHN C. THARP MATHEWS C. SCHARCH JEFFREY L. SMITH KENNETH J. L. THEIS NATHAN A. SCHAUERMANN JEFFREY T. SMITH ERIC D. THERIAULT JASON W. SCHENK JEREMY J. SMITH LIZA MOYA THERIAULT DANIEL E. SCHERDT JESSE L. SMITH ALISA M. THOMAS RICHARD B. SCHERMER JIMMY L. SMITH JAY C. THOMAS JACOB D. SCHERRER JONATHAN R. SMITH MARK R. THOMAS EDWARD J. SCHIERBERL MARTY T. SMITH MATTHEW H. THOMAS BENJAMIN J. SCHILL PAUL E. SMITH MICHELE L. THOMAS DYANN L. SCHILLING TREVOR K. SMITH RONALD L. THOMAS JAMES L. SCHLABACH VINCENT B. SMITS STEVEN J. THOMAS ANTHONY T. SCHMIDT PATRICK S. SMYTH TROY D. THOMAS ERIC W. SCHMIDT DOUGLAS A. SNEAD SCOTT THOMASON JAYSON H. SCHMIEDT LESLIE R. SNODGRASS, JR. JOHN W. THOMPKINS ASHLEY L. SCHMITT KEITH H. SNOOK, JR. ALICIA M. THOMPSON KENNETH B. SCHNEIDER JOSEPH F. SNYDER ERIC D. THOMPSON LUKE J. SCHNEIDER STAN L. SOCHA HARLEY P. THOMPSON MATTHEW R. SCHNELL BRANDON H. SOKORA JASON I. THOMPSON PETER J. SCHNOBRICH NEIL A. SOLIMAN JEFFREY R. THOMPSON JACK M. SCHROEDER WALTER J. SORENSEN NATHAN A. THOMPSON MICHAEL D. SCHROEDER KEVIN J. SORRELS WILBUR L. THOMPSON MICHAEL R. SCHROER THEODORE J. SOTOROPOLIS JACOB M. THORNBURG JEFFREY J. SCHRUM SHAWN T. SOUTH JOHN G. THORNE PATRICK J. SCHULDT CHRISTOPHER L. SPANGENBERG THOMAS M. THORP JOHN K. SCHULTZ JOHN A. SPEAR CRAIG A. THORSTENSON MARY K. SCHULTZ MATTHEW R. SPEARS LINDA R. THORSTENSON CLINTON P. SCHULZ ALLEN M. SPECHT CHARLES D. THROCKMORTON IV TROY D. SCHULZ JOHN R. SPEER ROBERT S. THROWER EVELYN A. SCHUMER ROBERT E. SPEER ROBERT M. THWEATT MATHEW A. SCHUTT DARREN W. SPENCER ANTHONY L. TILLMAN

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MATTHEW P. TINKER MARK R. WASS NICHOLAUS A. YAGER BRYAN M. TITUS ANA C. WATKINS JARED Y. YAMASHIRO MICHAEL J. TKACZ GEORGE R. WATKINS SEAN E. YARBROUGH JAMES P. TOBIN WARREN B. WATKINSON II MARK L. YARIAN CHRISTOPHER J. TODARO JOSEPH C. WATSON NICHOLAS R. YATES SAMUEL M. TODD DAVID T. WATTS ROWDY E. YATES JOHN D. TOLK, JR. JEFFERY C. WATTS CARRICK O. YAWS TYLER C. TOLLMAN NEAL A. WATTS WENDELL J. YEAGER TONI J. TONES CEDRIC D. WEATHERLY CHRISTOPHER A. YEATES CHRISTOPHER A. TOOMAN CHRISTOPHER J. WEATON STEVEN D. YELVERTON AARON O. TORCZYNSKI RYAN F. WEAVER CHRISTIAN C. YERXA MARC A. TOROSIAN STEPHANIE L. WEAVER JADE N. YIM JENNER M. TORRENCE DAVID L. WEBB JOHN F. YOHN, JR. ANTONIO J. TORRES JEFFREY S. WEBB BENJAMIN R. YOSFAN CONSTANCIO C. TORRES JONATHAN C. WEBB MARK T. YOUKEY NICHOLAS A. TORRES KEVIN M. WEBB ERICH W. YOUMANS, JR. BRENT J. TOTH ROBERT D. WEBB ROBERT M. YOUNG MICHAEL R. TOTH DAVID B. WEBER RONNIE B. YOUNG ROBERT C. TOURNAY REX C. WEBER LEONARDO J. YUQUE PAUL P. TOWNSEND DARREN P. WEES AARON N. ZASTROW MARK A. TOZER THOMAS F. WEGNER EVER O. ZAVALA TODD E. TRACY WILLIAM L. WEIFORD III DAVID E. ZEYTOONJIAN BRIAN E. TRAINOR KARL WEINBRECHT ERIC D. ZION KIMBERLY L. TRAMMELL MATTHEW R. WEINSCHENKER MICHAEL E. ZISKA FELIX D. TRAN RACHEL A. WEIS ERIC J. ZUHLSDORF BRYAN E. TRINKLE JOHN S. WELCH PETER A. TRITSCH, JR. PHILIP M. WELCH IV IN THE ARMY JOHN M. TRODDEN ERICK O. WELCOME DAVID P. TROUT CHRIS T. WELLBAUM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW R. TROVINGER JOSEPH R. WELLMAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN L. TRUEBLOOD RYAN L. WELLMAN UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY A. TRUETTE JAMES E. WELLS To be major TRAVIS C. TRUSSELL JEREMY W. WELLS ALLAN Z. TUCKER RACHEL A. WELLS VICTOR J. TORRES-FERNANDEZ ERIC A. TUCKER STEWART B. WELLS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR WILLIAM D. TUCKER FRANK W. WELTON APPOINTMENT TO THE GRADES INDICATED IN THE JODY DAN TURK REBECCA M. WELTON UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION MICHAEL A. TURNBAUGH KEVIN D. WENGER 531: MELVIN D. TURNER, JR. JOSHUA WENNRICH SHALIN G. TURNER JASON A. WENTZEL To be lieutenant colonel JOSEPH C. TURNHAM JASON E. WEST DENNIS R. TURRIFF MICAH L. WEST JOSEPH ANGERER JOSHUA L. TYLER JOSHUA A. WESTBY KRIS ATTARIAN WILLIAM A. TYNON KRISTEN E. WESTBY ALLEN BARNES MICHAEL J. TYSON BRIAN E. WESTER NANCY E. BLACKER CHRISTOPHER A. ULIBARRI BRENDON MICHAEL WEYGANDT JAMES M. BROWN CLIFFORD P. ULMER DARIN P. WHEELER JOYCE M. BUSCH MICHAEL A. ULSH NEIL D. WHELDEN KERRY H. COSTELLO BRYAN T. UNKS AMALIA F. WHITE JOHN R. FERGUSON NICHOLAS D. UNRUH ANTHONY D. WHITE SCOTT R. GRANT EMILIO J. URENA DOUGLAS W. WHITE ROBERT J. HARDING LUKE M. URISH JOSEPH R. WHITE BEN H. HARVEY BRIAN M. VALLESE JUSTIN D. WHITE MIKE W. KIMBERLY KEVIN WILLIAM VAN STONE KEVIN R. WHITE JON S. LEAHY BRIAN H. VANCE TERRY J. WHITE TIMOTHY J. LEITCH KEVIN L. VANCE WILLIAM P. WHITE RICHARD A. MILLER DAVID ALLEN VANPELT MICHELLE M. H. WHITFIELD MARK J. MOONEY MARK F. VANWEEZENDONK JACKSON M. WHITING KARL A. MORTON ADRIAN J. VANWERT STUART D. WHITNEY YOULANDA NIETO CHRISTOPHER F. VARANI JOSEPH E. WHITTINGTON, JR. MARYANN C. OTTO JENNIFER L. VARGA KEVIN W. WIERSCHKE DAVID F. SLATER RAFAEL A. VARGASFONTANEZ GEORGEREECO J. WIGFALL JAMES W. SOBOLESKI PETER S. VARNEY JACOB A. WILCOX MICHAEL D. STROZIER MARC A. VASSALLO JASON W. WILD OMAR E. THONDIQUE WILLIAM J. VAUSE BRIAN D. WILDER PATRICIA E. TILSON FRANCISCO VEGA DANIEL C. WILKINSON JEFFREY J. TOUSIGNANT JOHN G. VELAZQUEZ WILLIAM J. WILKINSON JEFFREY W. WILLIAMS JOHN P. VERBANICK DAMON L. WILLE JOHN D. WILLIAMSON JEREMY D. VERBOUT DANIEL J. WILLEMS To be major MARIO VERRETT SHAUN M. WILLHITE BRIAN P. VESEY ANDREW M. WILLIAMS RUBEN N. ABREU ROBERT D. VIDOLOFF BRANDON G. WILLIAMS RIDELIS D. AGBOR CHRISTINA DUNN VILE CAMERON S. WILLIAMS DWYKE A. BIDJOU ALAN T. VILLANUEVA CHRISTOPHER L. WILLIAMS TODD W. BURNLEY CIRIACO M. VILLARREAL DANIEL L. WILLIAMS JAMES A. CHARTERS DAVID W. VILLARREAL DAVID S. WILLIAMS BRIAN A. CHESSER DANIEL J. VISOSKY JAMES E. WILLIAMS JOHN T. COBBS GREGORY S. VOELKEL JASON EDWARD WILLIAMS MARTIN L. CROUSE GEORGE N. VOGEL KIMBERLY A. WILLIAMS DIEGO DAVILA ROBERT A. VOLESKY DALE A. WILLIQUETTE HOWARD R. DAVIS SETH K. VOLK DANIEL P. WILLISON, JR. JOHN G. DEAN MATTHEW R. VOLLKOMMER CARL C. WILSON ANDREW T. DEPONAI PAUL VON HACKER III DAVID I. WILSON RAYMOND DIAZ TODD C. VONINS ERIC W. WILSON JOHN A. DUDA DAMON C. VORHEES MARCUS D. WILSON SAMUEL J. DUNCKHORST GREGORY W. VOTH RICHARD G. WILSON DARRELL FAIRLEIGH JAMIE M. WADE APRIL L. WIMMER JERRY J. FOGG EDWARD R. WAGNER SHEENA L. WINDER MICHAEL D. GERGEN TORREY J. WAGNER PAUL G. WINKA CURTIS A. GIBSON ETHAN M. WAITTE JAMES M. WINNING COURTNEY L. GLASS CHARLES B. WALBECK BRAD C. WINTER ROBERT T. GRIFFIN AARON D. WALENGA MICHAEL J. WINTER MATTHEW D. HALEY SCOTT T. WALKER DOUGLAS R. WITMER JESSE K. HARRIS TOBY LOUIS WALKER DAVID R. WITT STEVEN J. HILDEBRAND TODD A. WALKER RANDOLPH B. WITT WILLIAM R. HOGAN WAYNE W. WALKER BRYAN M. WOJCIK ERIC E. JOHNSON CAROLYN J. WALKOTTE BENJAMIN B. WOLF GLENN N. JUMAN KIMBERLY Y. WALLACE JAMES D. WOMBLE DAVID K. LAW KYLE O. WALLACE DICK WONG JIN H. LIM LONZO E. WALLACE BRIAN V. WOOD CHRISTOPHER J. LOMBARDI TRACI L. WALLACE CHRISTOPHER C. WOOD AMBRO MARTIN WILLIE B. WALLACE III JOSHUA T. WOOD SHAWN P. MCLAIN DANIEL P. WALLICK RYAN E. WOOD JOHN A. MILLER DON E. WALPOLE NICHOLAS S. WOODROW JEFFREY S. MILLS MICHAEL M. WALSH CHARLES S. WOODS KEITH L. NELSON LEON H. WALTS, JR. TANNER G. WOOLSEY TONY A. OWENS TERRY L. WANNER, JR. RICHARD H. WORCESTER EDWIN J. QUIMBY BARTLEY J. WARD RYAN L. WORKMAN MARK A. QUIRE JASON T. WARD CHRISTOPHER M. WRIGHT YOKEITHA A. RAMEY THOMAS C. WARD DAVID R. WRIGHT DANFORTH J. RHODES WILLIAM C. WARD DAVID T. WRIGHT KERRY V. ROBERTS DAVID M. WARE NORMAN P. WRIGHT FEDERIC RODRIGUEZ TERESA M. WARMAN PAUL B. WURSTER ERIC F. RUSSELL DOUGLAS M. WARREN BRET M. WYATT IMMANUEL B. SAMSON GARY D. WARREN TOMMY N. WYATT CHRISTOPHER L. SMITH THOMAS C. WASHBURN REID J. WYNANS TODD C. SMITH DAVID L. WASHER SHAZAD YADALI JOSHUA W. STEWART

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SCOTT D. STEWART RAUL A. RIVERA TIMOTHY J. TREAT CHRISTOPHER B. TEAGUE DYLESTER SCOTT THOMAS C. VECE TRAVIS O. TRAYLOR HAROLD J. TARPLEY KEVIN L. WASHINGTON BRIAN T. UNGERER MARC C. THOMPSON PATRICK S. WICKER ALLEN R. VOSS WILLIAM E. TINER DUANE M. WILLIAMS JOHN C. WALLACE DONALD S. TRAVIS TUWANDA F. WILLIAMS JOHN F. WEBB SCOTT T. WALES DENNY L. WINNINGHAM WILLIAM S. WEST GEORGE C. WASHINGTON JOHN H. WOODCOCK ADRIAN H. WHEELER ELIZABETH L. YARBROUGH DANIEL M. ZERBY JOHN H. WOODCOCK THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RICHARD WULFF To be major THE UNITED STATES OFFICERS FOR APPOINTMENT TO MATTHEW J. YANDURA ALBERT A. AUGUSTINE THE GRADE INDICATED IN THE RESERVE OF THE ARMY THOMAS D. BAKER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LESLIE L. BALFAQIH THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEVEN A. BESEDA THE GRADE INDICATED IN THE RESERVE OF THE ARMY To be colonel CRAIG J. BONDRA UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GARY W. BROCK ALBERT J. ADKINSON To be colonel COURTNEY R. BROOKS JOHN C. BOYD BENJAMIN W. BUCHHOLZ HENRY C. CASON TED R. BATES RODNEY D. CAIN GERALD T. CATRETT DIRON J. CRUZ HOWARD D. CARPENTER JAMES S. CHASE PETER M. MENICUCCI SHANE M. CARPENTER DEBORAH W. COLEMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH B. CORCORAN WILLIAM E. CRANE TO THE GRADE INDICATED IN THE RESERVE OF THE SCOTT A. CRUMP JOHN M. EPPERLY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ANDRE W. DANCY MICHAEL D. FRANCE VENDECK M. DAVIS ROBERT N. HIBBETT To be colonel ROBYN R. DEATHERAGE WALTER L. MERCER JOHN M. DIAZ CURTIS L. DECKER RICHARD J. NORIEGA MICHAEL D. MURRAY CHRISTOPHER DELOSSANTOS JEFFREY S. TIPTON LAVORE L. RICHMOND, JR. GEORGE L. DEUEL MARK A. TOPLIKAR GARRY DODARD JASPER B. VARN III THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR CHRISTOPHER B. EMERY WILLIAM E. WYNNS, JR. APPOINTMENT TO THE GRADE INDICATED IN THE ALLAN J. FEHR UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S PAUL E. FRITZ IN THE NAVY CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: KIMBERLY K. FUHRMAN THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be major JAMES J. GERRITY MENT TO THE GRADES INDICATED IN THE REGULAR RANDALL D. GRIGG NAVY UNDER TITLE 10, U.S.C., SECTION 531: LUISA SANTIAGO KARSTEN J. HAAKE YEVGENY S. VINDMAN JEREMY P. HALL To be commander THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- SHEILA HENDERSON MICHAEL C. HERRERA CHRISTOPHER G. CUNNINGHAM POINTMENT IN THE GRADES INDICATED IN THE UNITED HENRY J. ZIELINSKI STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: DAVID K. HOWE KEITH JACKSON To be lieutenant commander To be colonel CHRISTOPHER D. JESELINK DOUGLAS A. KCKEWAN RICHARD C. BALTIERRA RANDALL W. COWELL QUINT A. KLOPFLEISCH CHRIS M. COGGINS To be lieutenant colonel MICHAEL LEWCZAK JEFFREY S. DAVIS BARRETT D. LYNCH RICHARD C. ERICKSON TILDON K. ALLEN ROBERT S. MATHEWS SYLVESTER FREDERICK DAVID A. BARSNESS RYAN M. MCCABE TYLER H. LIPPERT THOMAS M. BLUNTZER LAURA L. MCGUNAGLE KEVIN A. MORGAN TIMOTHY J. BURKE NATHANIEL C. MIDBERRY GEORGE M. TURNER WILLIAM R. CAMPBELL DAVID M. MILLER SELVIN A. WHITE WILLIAM K. CANTRELL JOEL R. MITCHEM CHRISTOPHER A. WILLIAMS FERMAN G. CEPEDA GARRY G. MORRIS CLIFFORD K. CRAWFORD JOSHUA J. MUNCH THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- SAMMIE L. DAVIS TONY A. OWENS POINTMENT IN THE GRADE INDICATED IN THE UNITED SHAWN R. DENNY MICHAEL J. PAPP STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND ELIZABETH L. DEVANY EDWARD L. PEARCE 5582: CEDRIC S. DOLMAN DONALD J. PETERSON To be lieutenant commander GRANT EDWARDS ROBERT E. PETTY PHILIP D. FORSBERG MARCIA M. PIERCE JANET L. JACKSON CHRISTOPHER B. GINTHER KELDA S. PITTMAN VINCIRENA PALMORE VAUGHN M. GRIZZLE BUECHELLE O. PORTER TODD M. SULLIVAN TERESA F. HALL THOMAS A. PRIEVE TIMOTHY R. HARDISON GREGORY RIVERA STEPHEN H. HARMON DUCAN S. ROBINSON f MICHAEL C. HILL DALE A. ROBISON DAVID W. JOHNSON ROBERT B. RODEFER LEON JONES GREGORY M. ROGERS CONFIRMATION THOMAS P. KNOTT EDWARD K. ROWSEY JOHN N. MAHINES DANIEL L. SALISBURY Executive nomination confirmed by RICHARD J. MCNORTON MARC S. SAPHIR ANDREW J. MCVEIGH LAMAL SHEPPARD the Senate, March 25, 2009: ROY E. MOSHER DERREN M. SIGLOCK DEPARTMENT OF JUSTICE MARK D. MUMM MICHAEL M. SMALL LLOYD M. NATHAN JOHN D. STAHL DAVID S. KRIS, OF MARYLAND, TO BE AN ASSISTANT PAUL A. NOCE SCOTT STEWART ATTORNEY GENERAL. DANIEL P. OCONNELL CHRISTOPHER B. TEAGUE THE ABOVE NOMINATION WAS APPROVED SUBJECT TO PABLO O. PAGAN DAVID C. THOMAS THE NOMINEE’S COMMITMENT TO RESPOND TO RE- STANNON M. PEDERSON ERIC S.M. THOMPSON QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY KEITH L. POYNOR BOGDAN T. TOCARCIUC CONSTITUTED COMMITTEE OF THE SENATE.

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