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 4, 2009 No. 38 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator to be here to speak on one of the pend- called to order by the Honorable TOM from the State of New Mexico, to perform ing amendments. the duties of the Chair. UDALL, a Senator from the State of f New Mexico. ROBERT C. BYRD, President pro tempore. RECOGNITION OF THE MINORITY PRAYER Mr. UDALL of New Mexico thereupon LEADER The Chaplain, Dr. Barry C. Black, of- assumed the chair as Acting President The ACTING PRESIDENT pro tem- fered the following prayer: pro tempore. pore. The Republican leader is recog- Let us pray. f nized. Lord, we continue to depend on You f to guide our lawmakers on right paths. RECOGNITION OF THE MAJORITY Only You know what the future holds LEADER OMNIBUS APPROPRIATIONS and the resources we will need to meet The ACTING PRESIDENT pro tem- Mr. MCCONNELL. Mr. President, yes- our many challenges. Strengthen our pore. The majority leader is recog- terday we had votes on a handful of Senators so that in the face of great nized. amendments which were aimed at re- challenges, they will be steadfast, f ducing the overall size of the Omnibus abounding in works that honor You. appropriations bill. Many of us who are Give them such confidence in Your ORDER OF PROCEDURE concerned about the spending binge we providence that no problem will seem Mr. REID. Mr. President, following have been on thought it would be re- insoluble. In all their labors, may their the remarks of the leaders, I ask unani- sponsible to bring it back in line with primary motive be to bring glory to mous consent that the Senator from the appropriations bills we passed last Your Name. May their thoughts, words, Iowa, Mr. GRASSLEY, be recognized for year. That was obviously before the and deeds be acceptable to You, for whatever time he may consume and, economic crisis. You are their rock and redeemer. Make following that, we will move to H.R. As the junior Senator from Indiana them totally committed to You and 1105. put it this morning in an insightful op- unreservedly dedicated to Your love. The ACTING PRESIDENT pro tem- ed piece in the Wall Street Journal, We pray in Your mighty Name. pore. Without objection, it is so or- this bill was drafted last year. Amen. dered. Since then, economic and fiscal cir- f cumstances have changed dramatically, f PLEDGE OF ALLEGIANCE which is why— SCHEDULE As he put it— The Honorable TOM UDALL led the Pledge of Allegiance, as follows: Mr. REID. Mr. President, it is my un- the Senate should go back to the drawing board. The economic downturn requires new I pledge allegiance to the Flag of the derstanding there are seven amend- policies, not more of the same. United States of America and to the Repub- ments pending. We will dispose of those lic for which it stands, one Nation under as quickly as we can. Votes on those That is Senator EVAN BAYH of Indi- God, indivisible, with liberty and justice for will not be able to start until after 2 ana. all. o’clock today because of Gordon Brown I ask unanimous consent to have the f and other things going on here, but we article, in which Senator BAYH calls on his colleagues to vote against the om- APPOINTMENT OF ACTING will move through those as rapidly as nibus or for the President to veto it, PRESIDENT PRO TEMPORE we can, making sure people have an op- portunity to speak for or in opposition. printed in the RECORD. The PRESIDING OFFICER. The I have spoken to the Republican staff, There being no objection, the mate- clerk will please read a communication and they have other amendments they rial was ordered to be printed in the to the Senate from the President pro wish to offer. We are moving along fair- RECORD, as follows: tempore (Mr. BYRD). ly well on this bill. We will recess at [From the Wall Street Journal, Mar. 3, 2009] The assistant legislative clerk read 10:40 this morning until noon for the DEFICITS AND FISCAL CREDIBILITY the following letter: joint meeting of Congress with British A DEMOCRATIC SENATOR SAYS NO TO A HUGE U.S. SENATE, Prime Minister Gordon Brown. FEDERAL SPENDING BILL PRESIDENT PRO TEMPORE, We have a number of speakers lined Washington, DC, March 4, 2009. (By Evan Bayh) To the Senate: up at 12 noon and thereafter to speak This week, the United States Senate will Under the provisions of rule I, paragraph 3, on the pending amendments. At 10 this vote on a spending package to fund the fed- of the Standing Rules of the Senate, I hereby morning, Senator MIKULSKI is expected eral government for the remainder of this

∑ 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 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.000 S04MRPT1 smartinez on PROD1PC64 with SENATE S2724 CONGRESSIONAL RECORD — SENATE March 4, 2009 fiscal year. The Omnibus Appropriations Act Now is the time to win back the confidence be the ones left to pay off the Federal of 2009 is a sprawling, $410 billion compila- and trust of the American people. Congress Government credit card that Demo- tion of nine spending measures that lacks should vote ‘‘no’’ on this omnibus and show crats in Congress are busy maxing out. the slightest hint of austerity from the fed- working families across the country that we eral government or the recipients of its lar- are as committed to living within our means f gess. as they are. HONORING OUR ARMED FORCES The Senate should reject this bill. If we do Mr. MCCONNELL. Today, Repub- SERGEANT DANIEL W. WALLACE not, President Barack Obama should veto it. licans are going to continue bringing The omnibus increases discretionary Mr. MCCONNELL. Mr. President, I up our amendments, amendments that spending by 8% over last fiscal year’s levels, rise because our country has lost a true we think are better and more respon- dwarfing the rate of inflation across a broad patriot. SGT Daniel W. Wallace of Dry sible ways to use the taxpayers’ money swath of issues including agriculture, finan- Ridge, KY, was tragically killed by cial services, foreign relations, energy and today. water programs, and legislative branch oper- Unfortunately, it has become in- enemy fire while serving his country in ations. Such increases might be appropriate creasingly clear that most of our Dem- Afghanistan on October 31, 2008. He was for a nation flush with cash or unconcerned ocrat colleagues here in Congress—Sen- 27 years old. with fiscal prudence, but America is neither. ator BAYH notwithstanding—are per- A member of the Kentucky Army Na- Drafted last year, the bill did not pass due fectly comfortable with the breath- tional Guard since 2006, Sergeant Wal- to Congress’s long-standing budgetary dys- lace was on his first deployment. For function and the frustrating delays it yields taking rate of spending we have been on since the beginning of the year. his valor in uniform, he received sev- in our appropriations work. Since then, eco- eral medals, awards and decorations, nomic and fiscal circumstances have They want it to continue, without re- changed dramatically, which is why the Sen- straint and without any end in sight. including the Bronze Star Medal and ate should go back to the drawing board. The Amazingly, in the midst of an eco- the Purple Heart. economic downturn requires new policies, nomic crisis, congressional Democrats ‘‘Sergeant Daniel Wallace was a true not more of the same. want to increase the annual spending patriot,’’ says Kentucky National Our nation’s current fiscal imbalance is included in this omnibus by 8 percent, Guard Adjutant GEN Edward W. unprecedented, unsustainable and, if which, compared to last year, is twice Tonini. He ‘‘stood up and answered the unaddressed, a major threat to our currency the rate of inflation. call to serve his Nation in a time of and our economic vitality. The national debt need.’’ now exceeds $10 trillion. This is almost dou- At a time when Americans are learn- ble what it was just eight years ago, and the ing to cut back, Democrats in Congress Sergeant’s Wallace’s mother, Karen debt is growing at a rate of about $1 million are suggesting we double up. As Sen- Wallace, says the same thing, but in a a minute. ator BAYH put it in the same op-ed: way only a mother could. Washington borrows from foreign creditors The bloated omnibus requires sacrifice ‘‘Danny’s my fallen hero,’’ she says. to fund its profligacy. The amount of U.S. from no one, least of all the government. It Daniel’s family lived in the town of debt held by countries such as China and only exacerbates the problem and hastens Latonia in the northern Kentucky sub- Japan is at a historic high, with foreign in- the day of reckoning. Voters rightly de- urbs of Cincinnati, when he was young. vestors holding half of America’s publicly manded change in November’s election, but When he was about 9 years old, they held debt. This dependence raises the specter this approach to spending represents busi- moved to Dry Ridge in Grant County. that other nations will be able to influence ness as usual in Washington, not the voters’ our policies in ways antithetical to Amer- mandate. They moved because Karen and Dan- iel’s father, Kenneth, wanted to trade ican interests. The more of our debt that for- Nobody wants an open-ended reces- in life in the city for the country. But eign governments control, the more leverage sion. But so far the only solution to the they have on issues like trade, currency and economic crisis that Democrats in Con- Daniel didn’t take it so well. national security. Massive debts owed to for- ‘‘He didn’t like the move . . . because gress are offering is open-ended spend- eign creditors weaken our global influence, of his friends being in Latonia,’’ Karen ing without any end in sight. And let’s and threaten high inflation and steep tax in- remembers. ‘‘He was always bored in creases for our children and grandchildren. be clear about something: we cannot The solution going forward is to stop end a recession by digging the country the country, complaining about how wasteful spending before it starts. Families into deeper and deeper debt any more there was nothing to do.’’ and businesses are tightening their belts to than one can pay off a credit card by It would come as no surprise, how- make ends meet—and Washington should using it more often. And we can’t tax ever, if I told you that Daniel, like any too. young boy, found plenty of things to The omnibus debate is not merely a battle our way out of a recession. February was an expensive month for do. He liked to fish, camp and watch over last year’s unfinished business, but the and play sports like baseball, basket- first indication of how we will shape our fis- American taxpayers. In the month of cal future. Spending should be held in check February, Congress spent more money ball and football. And with three broth- before taxes are raised, even on the wealthy. than we did in 7 years on the war in ers and a sister, there were plenty of Most people are willing to do their duty by Iraq, the war in Afghanistan and Hurri- people to do things with. paying taxes, but they want to know that cane Katrina relief combined. ‘‘He loved camping,’’ says Karen. their money is going toward important pri- All of this spending is reason to care- ‘‘We’d get so tickled because he and orities and won’t be wasted. fully consider and pare back this mas- [his brother] Alex would bet on who Last week I was pleased to attend the sive spending bill, particularly in these could make the first fire, [or] the big- president’s White House Fiscal Responsi- gest fire.’’ bility Summit. It’s about time we had a lead- areas which contain funding for 122 er committed to addressing the deficit, and programs already funded in the stim- Karen did set some limits for her son, Mr. Obama deserves great credit for doing so. ulus bill. however. But what ultimately matters are not meet- Remarkably, even Senator ‘‘He always wanted to go hunting but ings or words, but actions. Those who vote HUTCHISON’s amendment, which sought we never did that,’’ she says. And ‘‘he for the omnibus this week—after standing to find $12 billion, or just 1 percent, in got mad at me for not letting him play with the president and pledging to slice our duplicative spending from two bills to- football because he was so skinny.’’ deficit in half last week—jeopardize their taling $1.2 trillion, was struck down. Daniel started attending Crittenden- credibility. Mt. Zion Elementary School, and when As Indiana’s governor, I balanced eight I hope our friends across the aisle budgets, never raised taxes, and left the larg- will join Republican efforts to ensure he was in third grade, Karen started est surplus in state history. It wasn’t always every taxpayer dollar is spent with working there. ‘‘I was able to watch easy. Cuts had to be made and some initia- care, and support amendments to pro- him as he was adjusting to a new tives deferred. Occasionally I had to say tect taxpayer dollars. school,’’ she recalls. ‘‘The teachers ‘‘no.’’ This current spending bill is only one liked him. . . . He was very computer But the bloated omnibus requires sacrifice step in the spending process. It doesn’t knowledgeable [and] . . . the teachers from no one, least of all the government. It include the President’s budget, the would have him fix computers.’’ only exacerbates the problem and hastens Daniel’s father, Kenneth, recalls how the day of reckoning. Voters rightly de- housing proposal, or untold trillions to manded change in November’s election, but stabilize financial markets and other his son was quick to look out for oth- this approach to spending represents busi- programs ers. ness as usual in Washington, not the voters’ Our children and grandchildren can’t ‘‘He always felt he had to protect the mandate. afford this level of spending. They will other kids,’’ Kenneth says. ‘‘He wanted

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.001 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2725 to know who did it if something hap- with my colleagues just some of Dan- The IRS implemented that program pened.’’ Karen recalls a few times when iel’s story. We are thinking of his son, only 2 years ago. Daniel came to the defense of his Cody George Mardis; his daughter, Abi- This program, which has never been brother Alex when he was teased by gail Rose Wallace; his parents, Kenneth fully operational in its brief 2-year pe- other boys. and Karen; his brother Charles, riod, allows the Internal Revenue Serv- Like the rest of his family, Daniel Charles’s wife Robin and their children; ice to use private collection agencies was also very committed to his church. his brother Brian, Brian’s wife Jennifer to collect money owed to the Govern- One way they all contributed together and their children; his brother Alex; ment. The program has many critics, was as a gospel band, the Wallace Fam- his sister Kim; his grandfather, Arvis and once again they are seeking to de- ily Band. Mom and dad sang. Their Sinclair; and many other beloved stroy the program before we have a sons Charles and Brian played the gui- friends and family members. chance to gauge how effective the pro- tar, Alex played the drums, and Daniel Daniel once asked his mother to gram is. played bass guitar. The whole family write more letters—not to him, but to Before I discuss the merits of the pro- got into the act. other soldiers who didn’t have moms gram, I wish to note that an appropria- After high school, Daniel went on to like her writing to their sons and tions bill is not the proper vehicle to National College in Florence, where he daughters in a war zone. After Daniel’s nullify tax policy. The private debt col- took business classes. He was studying death, Karen heard from her son’s fel- lection program was created in a tax to be an accountant. ‘‘Danny liked low soldiers about how Daniel carried bill within the jurisdiction of our Fi- numbers and he enjoyed math,’’ says himself, even in the face of great dan- nance Committee, and further legisla- Karen. ger. tion affecting the program should be In high school and college he had a ‘‘The letters I’ve received from the done through the committee where the couple of jobs, working at a car dealer- guys shows me Danny was true to God. expertise is, the Finance Committee. ship and as an apprentice with a steel He had a true mission over there,’’ Whether you would agree with the pro- manufacturer. But just as his family Karen says. He’d always say, ‘Mom, gram, I think everyone could agree on raised him to serve others through his don’t worry—God’s watching over the importance of the committee work at church, Daniel felt moved to me.’ ’’ structure that we use in the Senate. In serve his country through military Nothing could ever take away the other words, a committee of jurisdic- service. pain of this family’s loss. But I hope tion where the expertise is ought to ‘‘He liked the Army one hundred per- Daniel’s loved ones know there is one work to change a program if it needs to cent,’’ his mother Karen says. ‘‘You other thing they should never worry be changed or if it needs to be done couldn’t have budged him out of that. about: that our Nation could ever for- away with, as basically the appropria- . . . I’ve never seen him happier in all get Daniel’s great sacrifice. tions bill would do. I would assume my life than after he joined the Na- And this U.S. Senate will forever members of the Appropriations Com- tional Guard.’’ honor Sergeant Daniel W. Wallace for mittee would not want—would not In the Guard, Daniel trained to be a his service to country. want—those of us on the Finance Com- combat engineer. His dad recalls that I yield the floor. mittee making decisions against the after his training, he was named the The ACTING PRESIDENT pro tem- expertise of the Appropriations Com- 218th Regiment Honor Graduate. Part pore. Under the previous order, the mittee. of his training included learning how Senator from Iowa is recognized. The IRS private debt collection pro- to deactivate explosive devices—his f gram facilitates the collection of tax mother Karen recalls that ‘‘on his eval- debts the IRS would not otherwise pur- PRIVATE DEBT COLLECTION uation, it said Danny likes to blow up sue. These liabilities amount to bil- AMENDMENT things.’’ lions of dollars a year. Daniel also inspired his brother Alex Mr. GRASSLEY. Mr. President, I rise A Government Accountability Office to join the National Guard, and Alex for the purpose of discussing an amend- report issued in June of 2008 reported became a medic. ment that was filed yesterday that I the unpaid tax debt as of fiscal year ‘‘I’m proud of my brother,’’ Alex hope I get an opportunity to offer. I am 2007 to be about $290 billion, of which says. ‘‘I’m going to keep carrying on. I going to touch on these points, but I almost $185 billion was classified as know he wants me to serve my full thought I would highlight a couple nonpotentially collectible inventory time, which is what I’m going to do.’’ points about this amendment. and $25.5 billion was deemed poten- Daniel joined the 201st Engineer Bat- First of all, there is bipartisan agree- tially collectible but not in active col- talion of the Kentucky Army National ment in this body there is a $290 billion lection status. The private debt collec- Guard, based out of Cynthiana, and was tax gap—‘‘tax gap’’ meaning taxes that tion agencies are only permitted to deployed to Afghanistan. He wrote his are owed but not collected. There is pursue debts taxpayers have conceded mother letters telling of his experi- also an understanding that is not writ- they owe. ences, especially of his work to ren- ten that the IRS is not going to go Opposition to this program is sur- ovate the chapel for the soldiers on after taxes unpaid, through their own prising, since the Internal Revenue base. employees, of under $25,000 a year. Service program is intended to run like ‘‘Danny made a library [in the chap- There is a feeling by some people in the similar programs at other agencies. In el],’’ Karen recalls. ‘‘We’d send him IRS there ought to be more employees other words, the Department of Edu- books for the library and Danny read hired to go after the tax gap, but even cation uses private collection agencies all of them. They were redoing the if those additional employees are hired, to pursue delinquent student loans. chapel outside and inside . . . he was they still will not go after those under The Treasury Department, which always working in the chapel.’’ $25,000. houses the Internal Revenue Service, Daniel’s family shipped him his bass Now, we have a program in place I also houses the Financial Management guitar, and he formed a band with his wish to defend in my remarks. That Service, and, ironically, the Treasury fellow soldiers in Afghanistan. Karen program in place is the IRS con- Department uses private debt collec- recalls how, before his posting in Af- tracting with private collection agen- tion agencies to collect small business ghanistan, Daniel had played with the cies to go after the money that is owed loans. Wallace Family Band one last time. for those under $25,000; and to make the So if it is OK for one branch of the ‘‘Danny came in for 15 days of R&R, point, that program is working. But Treasury Department to do that, why [and] we got one booking in the the bill before us, the Omnibus appro- isn’t it OK for the Internal Revenue church,’’ she says. ‘‘Everybody was priations bill, contains a provision that Service to go after taxes owed but not there . . . daughter-in-law, the boys, would essentially kill the IRS private paid? The only reason I can think of everybody. God has blessed us with our debt collection program, which the that private debt collection is so con- family. I’ve always told people that.’’ Senate, working through the Senate troversial at the Internal Revenue The members of Daniel’s loving fam- Finance Committee I serve on, only au- Service is simply the opposition to the ily are in our prayers today as I share thorized a short period of 4 years ago. program from the National Treasury

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.004 S04MRPT1 smartinez on PROD1PC64 with SENATE S2726 CONGRESSIONAL RECORD — SENATE March 4, 2009 Employees Union. The National Treas- further quantify this in terms of resource who are represented by the union. What is ury Employees Union is comprised pri- and revenue trade-offs, as you requested, his- being done in the renegotiation process to marily of Internal Revenue Service em- torically a full-time SB/SE revenue agent bring the IRS–NTEU agreement at least auditing individual tax returns brings in more in line with practices elsewhere in the ployees, and according to that union’s nearly $700,000 annually. government? Web site, is the largest Federal sector While progress has been made, the IRS rec- Thank you for your time and attention to union in the entire country. ognizes that more needs to be done. The re- this matter. I would appreciate your re- The other Government agencies that cent IRS–NTEU mid-term negotiations in sponse by May 25, 2007. use private debt collectors do not have 2006 produced a broad range of means for Cordially yours, as powerful a union fighting for more achieving operational efficiencies. These in- CHARLES E. GRASSLEY, Government jobs. Yet this program clude simple time-efficiencies such as in- Ranking Member. creasing the number of meetings conducted Mr. GRASSLEY. For me, this proves does not threaten the jobs of revenue by phone and requiring stewards within the agents already working at the IRS. The the IRS would be better off hiring more commuting area to attend in-person meet- examination agencies than debt collec- tax debts the private collection agen- ings. Other measures include establishing an cies are targeting are debts the Inter- annual cap of 850 hours of representational tors. In addition to the National Treas- nal Revenue Service is not even pur- time for the vast majority of stewards, re- ury Employees Union’s failure to dis- suing, and likely would not pursue ducing the grievance procedure for perform- cuss the success of private debt collec- even if additional revenue agents were ance appraisals and mass grievances from a tion programs at other Federal agen- hired. multi-step to a one-step process, and stream- cies—I mentioned them, Education and lining NTEU’s participation on various com- one other branch of the Treasury De- In May 2007, Acting Commissioner mittees. Kevin Brown—now this is a Commis- partment—the National Treasury Em- Reducing the amount of official time con- ployees Union also conveniently fails sioner of the Internal Revenue Serv- tinues to be a priority and we will seek sig- to mention that the private collection ice—when testifying before a sub- nificant additional improvements in our up- agencies hired by the IRS have consist- committee of the House Ways and coming contract negotiations. Please con- ently scored customer satisfaction rat- Means Committee, confirmed that the tact me should you require additional infor- ings above 95 percent, while the IRS Internal Revenue Service would not mation or a member of your staff may call Robert Buggs, Chief Human Capital Officer. collection employees appear to be scor- otherwise pursue these debts, even if at 202–622–7676, ing at less than 65 percent. the IRS were given additional re- Sincerely, The National Treasury Employees sources. So the bottom line is this: MARK W. EVERSON. Union also fails to mention the amount There are no IRS jobs on the line. of employee time devoted to union ac- U.S. SENATE, Rather, the National Treasury Employ- tivities is proportionately higher at ees Union believes the IRS should be COMMITTEE ON FINANCE, Washington, DC, May 15, 2007. the Internal Revenue Service than it is hiring more union employees to do col- in comparison to other Federal Depart- lections work. Hon. HENRY PAULSON, Secretary, ments and agencies. Commissioner In contrast, I believe if the IRS is Department of Treasury, Everson testified to this at the Senate going to hire more workers, it should Washington, DC. Finance Committee tax gap hearing be agents to do more exams—work that DEAR MR. SECRETARY: I am writing to you held on April 18, 2007. Just think, then, private contractors cannot do. Former regarding an ongoing concern that I have of the additional revenue IRS could be IRS Commissioner Mark Everson stat- with respect to the amount of official Inter- nal Revenue Service (IRS) time used by rep- collecting if union employees were ac- ed in a letter to me on April 11, 2007, tually doing the job they were paid to that a full-time revenue agent auditing resentatives of the National Treasury Em- ployees Union (NTEU). As you are aware, I do instead of spending taxpayers’ dol- individual tax returns historically have been a strong advocate of using IRS re- lars to lobby Congress to do away with brings in nearly $700,000 annually. sources in the most productive manner pos- a program that is collecting money Mr. President, I ask unanimous con- sible. owed under $25,000 a year that would sent that Commissioner Everson’s let- Based on information former Commis- not otherwise be collected. Of course, ter be printed in the RECORD, as well as sioner Everson provided to me in a letter they do not like that program. a followup letter I wrote to Treasury dated April 11, 2007, total NTEU time spent Since the omnibus provision prohib- on union related activities for 2006 equated Secretary Paulson on this issue. iting the IRS from using 2009 appro- There being no objection, the mate- to 302 full time equivalents (FTEs). In terms of resource and revenue trade-offs, the letter priations to fund the program office rial was ordered to be printed in the referenced a historical figure of a full-time may actually kill the program, I have RECORD, as follows: SR/SE revenue agent auditing individual tax this amendment before the Senate. I DEPARTMENT OF THE TREASURY, returns bringing in nearly $700,000 annually. mean, at least it is filed. It is not be- INTERNAL REVENUE SERVICE, Thus, according to IRS figures, total NTEU fore us yet. I would not support a gov- Washington, DC, April 11, 2007. time for 2006 represents approximately ernment program that is unsuccessful, Hon. CHARLES E. GRASSLEY, $211,400,000 additional direct revenue that and this private debt collection pro- Ranking Member, Committee on Finance, could have potentially been brought into the gram is no different. However, we do U.S. Senate, Washington, DC. United States Treasury. This figure does not DEAR SENATOR GRASSLEY: This letter fol- account for any increase in revenue that not have enough information to know lows-up on a matter that has been an ongo- would be gained indirectly through the in- whether this program is effective, and, ing concern to both the Internal Revenue creased audit activity. At a time when this given the success of such programs at Service (IRS) and you for several years now, Committee is increasingly looking at new other agencies, I believe it can be suc- and that you raised in a meeting with IRS methods of closing the tax gap, it is impera- cessful at the Internal Revenue Serv- senior executives on January 30, 2007. Spe- tive that we first ensure that the IRS is ef- ice. It surely is successful at the Edu- cifically, you asked for information on the fectively using its existing resources. cation Department. use of official time by representatives of the At the Senate Finance Committee’s tax Last week, I, along with Senator National Treasury Employees Union (NTEU). gap hearing on April 18, 2007, former Com- HARKIN, my colleague from Iowa, and Reducing the use of official time by NTEU missioner Everson stated that the IRS was representatives has been a significant point in the process of trying to renegotiate the Mr. SCHUMER, the senior Senator from of negotiations between the IRS and NTEU NTEU agreement, which would include a re- New York—the three of us—sent a let- for several years. Over time, the IRS has es- negotiation of union activity time, Former ter to Treasury Secretary Geithner and tablished greater controls over time granted Commissioner Everson also stated that the IRS Commissioner Shulman asking for to union officials to perform representa- amount of time devoted to union activities is more information so we can actually tional duties. proportionately higher at the IRS than it is make an informed decision on the ef- As illustrated by the enclosed chart, from in comparison to other departments and fectiveness of the private debt collec- 2002 through 2006, total annual NTEU time agencies within the government. Without tion program. spent on union related activities has de- getting into whether taxpayers should even The letter asks for, among other creased approximately 14 percent, from be funding union activity, please provide me 729,988 hours to 630,539 hours. Per your re- with an analysis of IRS union activity time things, additional information to meas- quest at the January 30, 2007, meeting to versus union time for other governmental ure the cost-effectiveness of the pro- quantify the data in terms of full time departments and agencies. Please also quan- gram, information to gauge the results equivalents (FTEs), this represents a reduc- tify this analysis in terms of FTEs and the of the collection agencies, and more in- tion from approximately 350 to 302 FTEs. To number of agency or department employees formation on the use of collection

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.002 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2727 agencies by other Government agen- Taxes, the GAO description of the IRS’s col- negotiate or settle tax debts, and impose cies. So all my colleagues are able to lection process indicates that IRS has not liens and levies. read the letter, I ask unanimous con- experienced significant improvement in its Another criticism of the program is that collection function since 1993. The report the IRS has run out of cases that can be as- sent that letter be printed in the also states that the total unpaid tax debt as signed to the current PCAs, which is why RECORD. of fiscal year 2007 was $290.1 billion, of which other PCAs have not been added. However, There being no objection, the mate- $184.8 billion was classified as non-poten- the exclusion list, which was not determined rial was ordered to be printed in the tially collectible inventory and $25.5 billion by statute but by the IRS, appears fairly ex- RECORD, as follows: was deemed potentially collectible, but not tensive. In addition, as noted above, the GAO’s June 2008 report indicates that, as of U.S. SENATE, in active collection status. This would seem to be further justification for a viable PDC fiscal year 2007, there was at least $25.5 of po- Washington, DC, February 26, 2009. tentially collectible inventory that IRS was Hon. TIMOTHY F. GEITHNER, program. In its December 2008 report, Tax Adminis- not actively pursuing. We would like to Secretary of the Treasury, know how each of the exclusion criteria was Washington, DC. tration: IRS’s 2008 Filing Season Generally Successful Despite Challenges, Although IRS determined. Hon. DOUGLAS H. SHULMAN, Could Expand Enforcement During Returns Tables 5, 6 and 7 of the GAO’s June 2008 Commissioner of Internal Revenue, provide a breakdown of the total delinquent Washington, DC. Processing, the GAO notes that, because col- lections staff was reassigned to answer tele- debt for fiscal years 2002 through 2007. Please DEAR SECRETARY GEITHNER AND COMMIS- update these tables to add numbers for fiscal phone calls regarding stimulus payments, SIONER SHULMAN: We are writing regarding year 2008 and provide a breakdown of this the IRS reported $655 million in forgone rev- the private debt collection program (PDC) amount by the exclusion criteria. We would enue through August 2008 alone, which that is being implemented by the Internal also like to know why all potentially collect- means that the number for the whole cal- Revenue Service (IRS) and has been in place ible inventory is not in active collection sta- since 2006. We are aware that many critics endar year will likely be greater. If the IRS tus and cannot be assigned to PCAs. believe that the program does not operate ef- viewed the PDC program as part of its larger We would also like to know whether Treas- fectively, and they lead an annual effort to collection program, rather than a stand- ury or any other agency has studied the cost strip the IRS of all authority to implement alone program, PCAs may have been able to effectiveness of the use of PCAs by Treasury it. But we do not believe that the necessary complete the work of the collections staff or other federal agencies. If such studies are data has been collected and disseminated that had been temporarily reassigned. available, we would like to see them. It is important for critics of the program that would allow an informed decision to be Finally, you may be aware that there are to recognize that the IRS’s PDC program is made about the program’s long-term effec- almost 200 jobs in both Iowa and New York designed to go after tax debts that have been tiveness. that will be lost if the IRS PDC program is conceded by taxpayers, but not paid. What’s Make no mistake: If the program is genu- terminated prematurely. Given the current more, even if the IRS enforcement budget inely unsuccessful, we would be among the economic crisis, such job losses should not be were significantly increased, the accounts first to concur that it should be terminated. forced to occur before a full accounting of turned over to PDC are those that would still However, we remain very concerned that IRS the program’s success is made available and/ likely be ignored by IRS collection agents. or the program is allowed to operate as origi- will terminate the PDC program before a In his May 2007 testimony before the Com- nally intended. The recently enacted Eco- complete and thorough accounting of the mittee on Ways and Means, Subcommittee nomic Recovery Act, which will further program is conducted. For example, while on Oversight, Acting Commissioner Kevin strain IRS resources, is an additional reason some are critical of the effectiveness and ef- Brown, confirmed that IRS would not other- why the PCAs should be allowed to operate ficiency of the PDC program, we have yet to wise pursue these debts even if IRS were until the success or failure of the program see solid, reliable numbers. Criticism of the given additional resources. can be definitively determined. program’s return on investment do not ac- We remain cautiously optimistic that a If you have any questions regarding the count for its start-up or investment costs, PDC program could be successful in helping above, please do not hesitate to contact our and ignore the fact that the program has not to close the tax gap, but only if it is allowed staff. We also ask that you brief our staff on been fully operational for any of its two to operate at full capacity. Only after that the forthcoming study before the study is fi- years. point could a determination be made about nalized and made public. We appreciate that the IRS has decided to whether the program is meeting its objec- Sincerely, use an independent third party to study the tives. We are hopeful that the report being CHUCK GRASSLEY, effectiveness of the program, and its report prepared will provide answers to the fol- U.S. Senator. may be issued as early as next week. But it lowing questions. If not, we hope that you CHARLES E. SCHUMER, is not clear that the new study will discuss will take the time to let us know the fol- U.S. Senator. ways to increase the efficiency and effective- lowing key information before the IRS TOM HARKIN, ness of the PDC program or explain why makes any final decision about the PDC pro- U.S. Senator. similar programs at other federal agencies gram: REPORTS & TESTIMONIES RELATING TO appear to be successful. For example, the De- The primary argument for terminating the IRS COLLECTION ACTIVITIES partment of Education uses PCAs to collect IRS PDC program is that it is not cost effec- Ways & Means Committee, May 2007 Hear- student loan debt, and the Department of tive. In order to better understand the pro- ing, http://waysandmeans.house.gov/hear- Treasury Financial Management Service gram’s revenues and costs, we would like a ings.asp?formmode=detail&hearing=562. uses them to collect small business loans, monthly accounting of all funds expended on GAO farm loans, and other similar debt owed to the program since its inception, including a the federal government, and these programs May 1993, GAO/GGD–93–97, New Delinquent breakdown of all costs for IRS personnel in- Tax Collection Method for IRS, http:// appear to work well with little controversy. volved in administering the program (salary Given the amount of uncollected tax debt, archive.gao.gov/t2pbat5/149340.pdf. levels, positions descriptions, etc.), as well April 1996, GAO/TT-GGD–96–1, W&M Over- a program that was allowed to operate at as costs associated with technology and sight Testimony Tax Administration: IRS full capacity would have the potential to be travel. Tax Debt Collection Practices, http:// successful, yet the current program has only We would also like to know the number of www.gao.gov/archive/1996/gg96112t.pdf. operated in fits and starts. In fact, during cases placed with the private agencies since May 2004, GAO–04–492, IRS Is Addressing the past fifteen years, the Government Ac- the program began, including the number of Critical Factors for Success for Contracting countability Office (GAO) and the Treasury cases for which the amount was collected in Out but Will Need to Study Best Use of Re- Inspector General for Tax Administration full, the number of resulting installment sources. (TIGTA) have issued numerous reports dis- agreements, and the number of cases recalled September 2006, GAO–06–1065, IRS Needs to cussing the IRS’s problems in collecting de- and reasons for recall. We would also like an Complete Steps to Help Ensure Contracting linquent debt. A list of these reports is at- accounting of the commissions earned by the Out Achieves Desired Results and Best Use tached. Some of the key findings include: PCAs since the program started. of Federal Resources. In its May 1993 report, New Delinquent Tax Some taxpayers choose to ignore the IRS’s June 2008, GAO–08–728, IRS Has a Complex Collection Methods for IRS, the GAO high- many letters and respond to the IRS only Process to Attempt to Collect Billions of lighted the complexity of the IRS’s collec- after it notifies them that their cases will be Dollars in Unpaid Tax Debts. tion process. GAO presented a number of op- referred to a PCA. In these cases, where the December 2008, GAO–09–146, Tax Adminis- tions to improve the IRS’s delinquent debt IRS benefits from the use of the PCA’s tration: IRS’s 2008 Filing Season Generally process, including establishing early tele- names, we would like to know why the PCAs Successful Despite Challenges, although IRS phone contact with debtors and utilizing pri- are not compensated when those taxpayers Could Expand Enforcement During Returns vate collection agencies. So there is a long settle those debts. Processing. track record indicating that a well-run PDC We would also like for you to describe how TIGTA program could be successful. IRS’s collection process and procedure dif- March 2007, 2007–30–066, The Private Debt In its June 2007 report, Tax Debt Collec- fers from the process and procedure used by Collection Program Was Effectively Devel- tion: IRS Has a Complex Process to Attempt PCAs in collecting IRS debts, including the oped and Implemented, but Some Follow-up to Collect Billions of Dollars in Unpaid IRS’s ability to make outbound phone calls, Actions Are Still Necessary.

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After the Federal Government Initiative. tember 30, 2009, and for other purposes. spent $71 million in start-up costs to March 2008, 2008–20–078, Private Collection Pending: allow two companies, one in Iowa and Agencies Adequately Protected Taxpayer Coburn amendment No. 596, to require the Data. one in New York, to move forward on April 2008, 2008–30–095, Trends in Compli- use of competitive procedures to award con- this first phase of outsourcing pro- ance Activities Through Fiscal Year 2007. tracts, grants, and cooperative agreements grams, they started operations in Sep- funded under this act. tember 2006. Presently, the IRS has Mr. GRASSLEY. It boils down to the Coburn amendment No. 608, to provide for fact that we should have a chance to the Emmett Till Unsolved Civil Rights contracts with two companies—one in obtain and review this information be- Crime Act from funds already provided for Senator GRASSLEY’s State of Iowa and fore killing a program that is going the Weed and Seed Program. one in the State of New York—for the after money owed—$25,000 or less—from Coburn modified amendment No. 623, to collection of unpaid Federal income people who have said they acknowledge prohibit taxpayer dollars from being ear- tax liabilities. The IRS is currently in they owe it, that IRS employees would marked to 14 clients of a lobbying firm under the process of determining whether to not go after. This affects jobs in a cou- Federal investigation for making campaign exercise the option to extend these donations in exchange for political favors for ple States, and I wish to say that when the group’s clients. contracts for a 1-year period. That is we are having a program—as the stim- Coburn amendment No. 610, to prohibit why our language came in and said: ulus bill did—to keep people from being funding for congressional earmarks for Stop, don’t do it. And I will explain laid off and to have people being hired, wasteful and parochial pork projects. why. There are a host of reasons. you would at least think we would not Wicker amendment No. 607, to require that The collection of Federal taxes, of think about eliminating jobs in a cou- amounts appropriated for the United Nations course, is a core Government function, ple States. I was a supporter of this Population Fund are not used by organiza- but I am not going to argue with the tions which support coercive abortion or in- premise that we should see if we can do program before any contracts were voluntary sterilization. awarded. As I said, I will not support Thune amendment No. 635, to provide fund- it with more cost efficiency by using the program if it does not prove effec- ing for the Emergency Fund for Indian Safe- private collectors. It is true that the tive. ty and Health, with an offset. information we are talking about here Given the propensity to spend the Murkowski amendment No. 599, to modify is sensitive information. So the IRS, of Government seems to be afflicted with, a provision relating to the repromulgation of course, has access to more information there is going to be a hunger for new final rules by the Secretary of the Interior about the debtors than the private col- and the Secretary of Commerce. sources of revenue which is going to be lection agencies, and we want to al- controversial. What should not be con- Mr. DURBIN. Mr. President, Senator ways make certain we protect the con- troversial is that we need to collect GRASSLEY and I do not see eye to eye fidentiality of certain information all taxes currently owed in the most effec- on this issue, and I wish to state for American citizens share with their tive and most efficient way possible the record why this section was in- Government and don’t believe it is and particularly not ignore a policy of cluded in the appropriations bill. going to be broadcast to any private not going after money under $25,000. First, it is hard for me to follow his company. So there is a natural tension Since the private debt collection pro- argument that because the Finance here between the efforts of a private gram will accomplish that, I urge sup- Committee created a permissive ar- business making money collecting port for this amendment when it comes rangement where the Internal Revenue back taxes and the Internal Revenue up. Service could enter into contracts with Service, which has more information at I yield the floor. private companies to collect IRS debts, their disposal in making evaluations it somehow takes away the authority but also a higher responsibility and f of the Appropriations Committee to duty in protecting the privacy of tax- RESERVATION OF LEADER TIME even address this issue. It is a permis- payers with the information they pro- The ACTING PRESIDENT pro tem- sive statute. It does not require the vide our Government. pore. Under the previous order, the IRS to sign up a private company. Let’s get down to the bottom line. leadership time is reserved. When the IRS does exercise the right Using private companies to collect The Senator from Illinois is recog- under that statute, it involves Federal taxes is far more costly than having nized. expenditures, appropriations. qualified, trained IRS employees do the My provision in this bill is not tax f work. I couldn’t say that without evi- language. My provision in this bill dence to back it up. Since the incep- AUTHORIZATION TO APPOINT says: None of the funds in this bill may tion of this private collection program, ESCORT COMMITTEE be used to enter into, renew, extend, the Internal Revenue Service has spent Mr. DURBIN. Mr. President, before administer, implement, enforce or pro- approximately $80 million to set it up responding to the Senator from Iowa, I vide oversight of such a contract. We and administer it and we have received ask unanimous consent that the Presi- go directly to the spending aspects. back as taxpayers $60 million in net dent of the Senate be authorized to ap- There is no committee violation here. revenue, after paying these private point a committee on the part of the This is our jurisdiction. companies in Iowa and New York $13 Senate to join with a like committee Senator GRASSLEY’s committee, the million in commissions—$13 million to on the part of the House of Representa- Finance Committee, does not pay for receive back $60 million. According to tives to escort the Honorable Gordon these agencies. The appropriations the IRS, private collection agencies Brown, Prime Minister of the United process does. So we are exercising our were originally projected to bring in Kingdom, into the House Chamber for authority—no violation of committee $65 million in fiscal year 2007 and up to the joint meeting. jurisdiction, which, of course, means $127 million in fiscal year 2008. So what The ACTING PRESIDENT pro tem- little to those following this debate but happened? Instead, they raised $32 mil- pore. Without objection, it is so or- means a lot to those of us who serve in lion in 2007—less than half of what we dered. this Chamber. expected—and only $37 million in gross f Let me tell you what this is about. revenue in fiscal year 2008, about a This is about collecting debts owed to fourth of what we expected. So their OMNIBUS APPROPRIATIONS ACT, the Federal Government, specifically performance was dramatically less 2009 the Internal Revenue Service, and the than promised, dramatically less than The ACTING PRESIDENT pro tem- Finance Committee said: Let’s see, if the IRS anticipated when they entered pore. Under the previous order, the we let private collection agencies do it, into these contracts. Senate will resume consideration of whether they can save us money and do The IRS has not identified any best H.R. 1105, which the clerk will report it more effectively. That is a legiti- practices from these private tax collec- by title. mate inquiry. It is one I would be open tors, which was one of the stated inten- The assistant legislative clerk read to. I think it is reasonable to see if tions of the program. These private as follows: that might happen. companies were supposed to show us

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.010 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2729 the way to collect money more effec- These agencies have failed to meet the privacy of the taxpayers in the tively. So far, they haven’t, and they the goals they set in terms of the process. Section 106, which Senator have fallen down in their own goals in amount of money they collect and how GRASSLEY addresses, will ensure that terms of collection of back taxes. The much they would charge the Govern- appropriated funds for tax collection private companies have collected ap- ment for all the years they have been work will be put to optimum use with- proximately one-half or less of what doing this—in the 2 straight years. Is it in the agency rather than being di- they were supposed to bring in, but any wonder we have questioned wheth- verted to outsourced Government they continue to be paid 21 to 24 per- er we should continue this? This is a work, which has shown that it cannot cent in commissions on the easiest subsidy—a subsidy to private compa- meet its promises of reducing the cost cases of all, totaling $13 million we nies that have not met the burden they of Government and increasing collec- have paid to these private companies. said they would meet to prove to the tions. We know it works. Let’s stick Now, Senator GRASSLEY made a ref- taxpayers theirs was a more cost-effi- with it. erence to student loan collection. Of cient way to collect back taxes. I yield the floor. course, he should acknowledge, if he The last argument made by Senator The ACTING PRESIDENT pro tem- makes that reference, that we cap the GRASSLEY is an interesting one. He ar- pore. The Senator from Iowa. commission for student loan collection gued—even though he opposed Presi- Mr. GRASSLEY. I am not going to at 16 percent. Instead, these companies dent Obama’s stimulus package—that take long to respond because I think in Iowa and in New York are being paid we needed to keep subsidizing these the main point I make is this. My re- 21 to 24 percent of back taxes collected, private collection agencies because we marks were not addressed by the Sen- so they are getting a premium and need to create more jobs in America. In ator from Illinois. The issue we are they are collecting far less than they other words, this would be Senator talking about is an IRS policy that said they would. GRASSLEY’s private stimulus package they will not go after any amount of The story gets more interesting. for this company in Iowa. Well, I would money under $25,000, even though those The IRS already has a significant say to the Senator that, sadly, with the are amounts that individuals agreed collection infrastructure: thousands of state of this economy, collection agen- they owe. trained employees. I heard Senator cies shouldn’t have any problems find- So any comparisons of what the IRS GRASSLEY make negative references to ing work to do. I just don’t think the can do versus what private debt collec- unions. That is his point of view. I American taxpayers ought to be sub- tion agencies can do is not legitimate don’t share it, but I do believe union sidizing them. I think basic Mid- because you can hire more IRS employ- employees should be given an oppor- western values suggest to us that we ees. But I told you the policy of the tunity to be compared in their collec- have experimented and the experiment IRS if they hire more employees, they tion practices with those in private results are in. This has turned out not will not go after amounts of $25,000 or business. Let’s be fair about this. This to be a good investment of taxpayers’ less and I think it is fair to taxpayers was an experiment, and the premise money. As the chairman of the sub- that are honest, that every dollar owed was that if you just turn it over to a committee that has to pay for this, I is collected. Not one dollar more. And profit-making, private company, it is can’t justify it. I can’t justify it for that we shouldn’t have a government going to do a better job and it will be New York or for Iowa or for any State. policy that is not going to go after it, cheaper for the Government—cheaper We tried this experiment in good faith, and this program does go after it. than relying on IRS employees who and the private collection agencies He mentioned start-up costs and this may or may not be members of the failed to come through as promised. is very important because you cannot union to which Senator GRASSLEY re- Let’s put the money, as I suggest in judge the cost effectiveness of a pro- ferred. The automated collection sys- this appropriations bill, into the gram based on how much was spent on tem in the Internal Revenue Service is trained employees, with the automated start-up costs. There are start-up costs a critical collection operation. It col- collection system, who are bringing in any Federal agency, for any new lects nearly $1.5 million per employee, back, by a margin of 8 to 1, more back agency or program that starts out. You per year. It works. So the employees at taxes than these private companies in can’t weigh the costs incurred for what the IRS are collecting the back taxes Iowa and New York. I believe that is was supposed to be a permanent pro- as they promised they would. reasonable, and I find it hard to under- gram against the benefits of a program Now, listen to this: The Internal Rev- stand how many of my Republican col- that hasn’t been fully operational for enue Service National Taxpayer Advo- leagues who criticize this Omnibus ap- most of the 2 years of its existence. cate, Nina Olsen, has estimated that propriations bill for wasting money And the reason it hasn’t been fully IRS employees collect $32 for every $1 would vote for the Grassley amend- operational, is that the union, the tax- spent, compared to collections by the ment which would continue the sub- payer advocate, and even the chief private agencies of $4 for every dollar sidy—wasting taxpayers’ dollars—with counsel, continued to throw up road- given to them in commissions—8 to 1. private collection agencies that have blocks by weighing in on what type of If this is about comparing the dollar not been as effective as the Internal cases the contractors could work. This cost of collecting back taxes, the IRS Revenue Service. means that even though the program employees win this 8 to 1. How in the Until these private companies can was supposed to start in September world can anyone justify continuing prove they can do the job better, do it 2006, it was months later before the subsidizing private collection agencies more efficiently, do it at a lower cost, contractors received the full allocation that can’t do the job as well as the em- there is no reason we should continue of cases they were supposed to get. ployees of the Internal Revenue Serv- this subsidy. A personal stimulus bill The Senator from Illinois asked what ice? for a company in Iowa and a company happened in regards to why the actual According to the ‘‘Taxpayer Advo- in New York is something we can ill af- amounts collected to date by contrac- cate Annual Report to Congress’’ in ford to do at this moment when we are tors was lower than expected. Well, December 2008, the IRS automated sys- trying to deal with the costs of this that is what happened. And to his point tem of collection—using IRS employ- Government and bringing them under about paying $13 million for $60 million ees—collected more than three times control. of revenues. Let’s be honest—the con- as much as the private collectors did. The Omnibus appropriations bill in- tractors are paid on a commission basis They went on to say that this auto- creases funding for the IRS with a so the IRS isn’t paying anything out of mated collection system in the IRS boost of over $337 million in enforce- its pockets. The contractors are get- collected 13 percent of the balance due, ment activity. With these enhanced ting a percentage of the taxes they col- while private collectors collected 4 per- funds, the IRS will be hiring new em- lect and they don’t get paid for all the cent of the balance due. By every tan- ployees who can do this work effi- work they do that generates no collec- gible measure, the employees of the ciently, as they have proven time and tion. Because of the IRS policy to not IRS are doing a dramatically better job time again. They have the tools, they collect taxes due under $25,000, the $60 than those in the private collection have the options the taxpayers have a million IRS did get is revenue that IRS agencies. right to expect, and they will protect would never have received.

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.005 S04MRPT1 smartinez on PROD1PC64 with SENATE S2730 CONGRESSIONAL RECORD — SENATE March 4, 2009 He also mentioned this, there is a dif- I ask unanimous consent to be recog- law enforcement agencies—the FBI, ference between what is paid to edu- nized following the presentation by the Bureau of Alcohol and Firearms, and cation debt collection contractors and Senator from Maryland. the Marshal Service. what is paid to tax debt collection con- The ACTING PRESIDENT pro tem- So if you want to know, why should tractors. He is right. But there is a fac- pore. Without objection, it is so or- we support the CJS? If you want jobs tor with collecting taxes that is not dered. today and tomorrow, you want to vote true in the case of the Education De- Ms. MIKULSKI. Mr. President, I for this appropriation. If you want to partment and that is the privacy issues know the Senate is on a tight time- keep neighborhoods safe, you want to that have been brought up. The con- frame because there will be a joint ses- vote for this appropriation. If you want tractors with the IRS incur higher ex- sion of Congress to welcome the Prime the marshals going after sexual preda- penses than education contractors be- Minister of England, our greatest ally. tors so there are no more Adam cause they don’t have access to all the I rise today as the chairperson of the Walshes, vote for this bill. If you want information IRS has because the law Appropriations Commerce, Justice, to protect violence against women, vic- does protect the privacy of taxpayers. Science Subcommittee and to lay out tims of domestic violence, and have the And because they have to provide all of for our colleagues what is in this ap- shelters and community interventions, the safeguards and protections that propriation and why it is needed and you want to vote for this bill. If you IRS provides, the contractors have to what compelling human needs it meets. are so proud of the great genius of the incur more security expenses than edu- No. 1, why do we have to do this since United States of America and its entre- cation contractors. we passed the stimulus? Actually, we preneurship that comes up with these The Senator from Illinois mentioned should have done this before the stim- new ideas, these new products, you the success of IRS’s use of automated ulus. We should have done it in Octo- want to vote for this bill because you collection systems. You have to re- ber. Why didn’t we? We didn’t do it in want a Patent Office where you don’t member that there is nothing auto- October because we were facing a hos- want to stand in line for years to be mated about the IRS’s so-called auto- tile White House and an OMB Director able to protect your ideas so they are matic collection system. The contrac- who was hostile to the very agencies not stolen or hijacked or pirated tors use automated systems to deter- this funds. We didn’t want to send this around the world. You want to vote for mine which taxpayer to call next. The appropriations to the Bush White this bill. If you want to protect our IRS doesn’t even make outbound phone House because all we would have faced planet—global warming is a real calls—the only phone calls are return- was one more back-and-forth par- threat, from the standpoint of our Di- ing phone calls when taxpayers call the liamentary quagmire. rector of National Intelligence, who IRS with questions about a letter they This appropriation keeps the U.S. says global warming could destabilize received. Government going. What my sub- populations, and it is a national secu- Finally, the Senator from Illinois de- committee does is fund those agencies rity issue. It is not only about pro- scribed my efforts to continue to fund that are critical and crucial to the eco- tecting the polar bears; it is also about the IRS program as my own personal nomic growth of the United States of protecting the Port of Baltimore, stimulus plan because it will save jobs America, that will protect the commu- Chesapeake Bay, our coastline, and in Iowa. I want to make clear that it nities of the United States, and will those around the world. If you want to was expected that the IRS would con- also work to protect our planet. In protect the planet and our homeland, tract with 10 or 15 contractors—not terms of economic growth, this is the you want to vote for this bill. just 2. But because of all the road- subcommittee that funds all science In summary, these are the top 10 rea- blocks put up by the union and others, agencies with the extension of the Na- sons to support CJS in the 2009 omni- the IRS apparently claims that there tional Institutes of Health and the De- bus bill: aren’t enough cases to provide to even partment of Energy. It comes up with I ask unanimous consent to have these two contractors. This doesn’t the new ideas. It follows the rec- them printed in the RECORD. make sense to me since there is appar- ommendations of the National Acad- There being no objection, the mate- ently $25 billion of potentially collect- emy of Sciences about how we can rise rial was ordered to be printed in the ible debt that the IRS is not pursuing. above the gathering storm to be com- RECORD, as follows: petitive today and be able to be com- The program, if run properly, would 1. Funds the FBI, our chief domestic na- have and should have been expanded to petitive tomorrow. In English, and in tional security agency, to take down terror include other contractors. And I would the diners around Maryland, that cells and dirty bombs on U.S. soil ($7 billion). also like to point out that these two would mean jobs today and tomorrow. 2. Adds 85 FBI agents and forensic account- contractors are national organizations It is in basic research that we come up ing professionals to combat mortgage and fi- and between them are likely to have with the new ideas that lead to the new nancial fraud ($10 million). offices and employees in almost all of products, that lead to the new jobs. 3. Funds DEA to fight international drug the 50 States. That is what this CJS funds. At the cartels that finance terrorism and infiltrate So the bottom line of our approach in same time, it funds the Patent Office. our neighborhoods with heroin and meth ($2 Our colleagues on the Judiciary com- billion). this program is to make sure that the 4. Funds ATF to partner with the military honest taxpayer is protected. And that mittee will be giving us a new frame- to dismantle IEDs that maim and kill our we do not support an IRS policy that work for the protection of patents. troops on the battlefield ($1 billion). we aren’t going to collect the money That is a geek word that means if you 5. Supports cops on the beat—provides $3.2 from everyone—a policy which is not invent it, we are going to protect you, billion for state and local law enforcement, clear to me that IRS is going to and you will be able to harvest the ben- $2.1 billion above the previous Administra- change. And we’re showing that we do efits of your new idea. We are going to tion’s request—to help state and local police not accept this policy through this pro- protect intellectual property because it fight gangs, drugs, crime and child preda- is right now, in the knowledge-driven tors. gram. We are going after that money 6. Highest funding level ever for the Vio- that no IRS employee is going to go economy, the property of choice to be lence Against Women Act programs to com- after. And if you’re going to be fair to protected. bat sexual assault and domestic violence and the taxpayer that pays every dollar This subcommittee funds research, help victims get their lives back together that they owe, it seems to me we innovation, the development of tech- ($415 million). should make every effort we can to go nology. It also funds the Department of 7. Protects our kids from predators by pre- after all taxpayers who do not pay Justice—gosh, a Department of Justice venting, investigating and prosecuting their taxes. I yield the floor. that even remembers what the name crimes against children ($234 million). The ACTING PRESIDENT pro tem- means. I am so excited about working 8. Advances climate research and restores satellite climate sensors cut by the previous pore. The Senator from North Dakota with our new Attorney General. Administration ($270 million). is recognized. In addition to the work of the Justice 9. Enhances U.S. competitiveness and inno- Mr. DORGAN. Mr. President, my un- Department, it funds local law enforce- vation by increasing science and technology derstanding is the Senator from Mary- ment through cops on the beat and research at NSF and NIST, a 7 percent in- land is going to seek recognition next. Byrne grants, and our national Federal crease over last year ($913 million).

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.016 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2731 10. Restores fiscal responsibility and ac- anic and Atmospheric Agency. If we rorism and violent crime. To that end, countability to ensure stewardship of tax- don’t do this appropriation, NASA will our bill provides $26.1 billion for the payer dollars—prohibits funds for lavish ban- be funded close to a half billion dollars Justice Department, which is $3 billion quets, controls cost overruns, and requires below what is in the omnibus. This above the previous President’s budget IGs to do random audits of grantees. would be a major setback to developing request. We fund the FBI our domestic Ms. MIKULSKI. I am tired of the a reliable transportation system to counterterrorism agency with mission naysayers who come up with these continue our human space flights. We of dismantling terror cells and weapons quirky little congressionally des- are already going to go dark in space, of mass destruction on U.S. soil at $7.3 ignated projects and make them a sub- where we are going to rely on the Rus- billion, which is $155 million above the ject of ridicule. Our country, our ship sians to get us up to our very own previous President’s budget request. of state, right now is leaking. We can space station. But what this could The CJS bill is the major Federal right that ship and President Obama is mean is the loss of several thousand funding source for our State and local righting that ship. This CJS bill is the jobs in Florida, Texas, Mississippi, Ala- police departments. The previous right tool to be able to do that. bama, Utah, and Louisiana. If we don’t President’s budget request proposed What are the consequences of not pass this by the end of March, layoff dramatic cuts totaling $2 billion to passing this bill? I will tell you right notices will begin. Aren’t we for jobs State and local grant funding. We re- now. Let’s go to law enforcement. If we today and jobs tomorrow? Aren’t we for ject those cuts and instead provide a do not pass this bill and we put it on building rocket ships and spaceships? total of $3.2 billion to support our thin something called a continuing resolu- We have to pass this bill. blue line. tion, that is essentially keeping it Then when we look at NOAA. We all Among those funds, the CJS bill pro- barely afloat. The FBI will get a half love the weather reports. We rely upon vides $550 million for COPS grants, billion dollars less to run their agency them for early warnings of tornadoes which pay for gear and technology— for this year. If Director Mueller were and hurricanes and, at the same time, such as bulletproof vests and crime here, he would say this means 650 fewer to be able to give us traffic. Weather scene analysis—to keep our cops safe, FBI special agents. It means less ana- reports don’t come from the Weather and to help them catch criminals. We lysts and other people fighting crime Channel. The Weather Channel gets its also have $546 million for Byrne-justice on U.S. soil. It means we cannot hire information from the weather services assistance grants, a formula-based pro- 100 new FBI specialists in forensic ac- provided by our Government at NOAA. gram that is the main Federal funding We ought to rename it the ‘‘National counting to go after the mortgage tool for State and local police oper- Oceans Atmospheric and Weather Ad- fraud people. Remember them—the ations, which was zeroed out by the ministration.’’ Right now, they are scammers, the bums? We would not be previous administration. For juvenile weathering their own storm. If this able to do that. justice and delinquency prevention continuing resolution hits them, it Let’s talk about drug enforcement. mentoring and antigang programs we means more layoffs. We won’t be able There will be $52 million less for DEA. provide $374 million, which is $189 mil- to develop the right technology to pre- What are some of the biggest threats lion more than that the previous Presi- dict and give the early warnings that facing us right now? Let’s talk about dent request. Lastly, we provide $415 Mexico. Mexico is on the verge of a are so important to our people. Then I wish to talk about education. million to prevent violence against state of siege because of the drug car- women, which is the highest level ever tels that are running rampant. If you Through the National Science Founda- tion, and other science agencies in allocated for Violence Against Women watch the news and listen to the Am- Act programs. bassador of Mexico and to their com- here, we work to promote education, to get our young people excited and par- In addition to helping our State and pelling issues down there—look at locals keep our communities safe, the what was on ‘‘60 Minutes,’’ where the ticipating in science and technology, so that they want to come into these ex- CJS bill funds our major Federal law drug cartels are roaming streets with enforcement agencies. We provide $1.9 assault rifles, shooting police chiefs, citing new possible careers, where they are going to come up with new ideas billion for the DEA to fight inter- shooting elected officials, kidnapping— and inventions. This makes a major national narcoterrorists and drug king- that is on our border. We need the downpayment so we can coordinate pins. There is also $1.1 billion for the DEA. Then there are the narcotraf- with our new Secretary of Education Bureau of Alcohol, Tobacco, Firearms fickers in Colombia—in that long, and our President, who is such a strong and Explosives, ATF, to combat violent steadfast fight where we are making advocate of this. gun crime and gangs and investigate progress. Then there is Afghanistan, If you wish to have a country that is arson. which provides 85 percent of the meeting the day-to-day needs of our The CJS bill contains $954 million for world’s poppy. We are going to send own people, yet looking ahead to the the Marshals Service to apprehend fu- thousands of more troops into Afghani- long-range needs of our country, you gitive sex offenders and other violent stan. want to vote for this appropriation. criminals. We included $1.8 billion for I am not too excited about that part, You want to vote for the subcommittee our U.S. Attorneys to prosecute gang but that is a debate for another time. portion of this appropriation. The leaders, gun traffickers and drug deal- But what is going on in Afghanistan? other reason, for those who are con- ers. Lastly, we provide $6.2 billion for They are growing poppy like Iowa cerned about the issue of bipartisan- management and construction of Fed- grows corn. It is an enormous drug ship, is we developed this jointly and eral prisons to ensure our Federal pris- crop. What does the money from that collegially and civilly with my col- ons are safe and secure. do? First, it corrupts Government and league from Alabama, Senator RICHARD These agencies are the backbone of elected officials. It corrupts the judici- SHELBY. This bill has his endorsement our criminal justice system. They en- ary. It has a corrupting influence. So and it will have his vote. Senator SHEL- force our laws, catch criminals and we are going to send American troops BY and I have worked together for keep our communities safe. to fight and die for something that many years, and we believe that good Most importantly, this bill protects could be bordering on a narcostate? people can find common ground, find the most vulnerable among us: our I say, before we send in more ma- an accessible center in the rough and children. We provide over $234 million rines, let’s send in more DEA agents to tumble of politics that enables us to to keep our kids safe from predators work with the Karzai government to do come before the Senate with a bipar- and violence. something about the growth of poppy tisan approach to the Commerce, Jus- The CJS includes $5 million to hire 20 and the funding of the Taliban. Let’s tice, Science bill. new U.S. marshals to track down and send in DEA agents. Under this, we are I want to thank Senator SHELBY and arrest fugitive sex offenders, $47 mil- going to have a hiring freeze. Agents his staff for their cooperation and lion for the FBI Innocent Images pro- would have to take furloughs. But that collegiality in crafting the CJS portion gram to catch deviants who use the is OK, that is just in law enforcement. of the bill we are considering. Internet to prey on children, $5 million Let’s talk about the national space The CJS Subcommittee’s top priority to hire 25 new assistant U.S. Attorneys agency, NASA, and the National Oce- is keeping Americans safe from ter- to prosecute sex offenders, $70 million

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.006 S04MRPT1 smartinez on PROD1PC64 with SENATE S2732 CONGRESSIONAL RECORD — SENATE March 4, 2009 for state and local law enforcement ef- Science to measure our ice sheets, cli- was murdered in Money, MS, on Au- forts to find and apprehend child preda- mate, and atmosphere so we can better gust 28, 1955. He was dragged from his tors, and $16 million for grants to predict changes to our planet. uncle’s home and shot in the head. His school districts to keep kids safe at We provide $606 million for NASA body was dumped in the Tallahatchie school. science into how the sun affects the River, tied to a 70-pound cotton gin I am proud to report that the CJS Earth. This helps predict and warn with barb wire, and found 3 days later bill follows the framework of the about events like solar flares that can by fishermen. Emmett’s mother de- America COMPETES Act and makes knock out our communications and manded an open casket to show the investments to improve America’s power grids. world the brutality of his murder. competitiveness. The CJS has $966 million for NOAA The murder of Emmett Till was a The bill provides $819 million for the weather satellites, which are impor- key event igniting the civil rights National Institute of Standards and tant early warning tools. If we can bet- movement. Emmett’s two killers never Technology, which includes $65 million ter predict and warn when tornadoes served a day in jail for their heinous for the new Technology Innovation and hurricanes are coming, we can save crime. An all-White jury acquitted Program and $110 million for the manu- lives and save money. We provide $74 them in 67 minutes. The killers later facturing extension partnership, MEP. million to restore critical climate sen- admitted to murdering Emmett Till, This is important funding to develop sors that had been deleted from our but could not be prosecuted for the new technologies and new products and next generation polar satellites be- crime because they had already been make American manufacturers more cause of cost overruns. We also include found innocent by a jury. competitive. $420 million for NOAA research to help In May 2004, 49 years after the mur- We also provide $6.5 billion for the us better understand our oceans and at- der, the Department of Justice re- NSF, including $845 million dedicated mosphere and how they interact and opened the case to finally determine if for education. These funds focus on change. anyone else was involved in the killing. science, technology, engineering, and Finally, the CJS bill continues to The FBI exhumed Emmett Till’s body mathematics, and will develop our next emphasize congressional oversight, ac- and performed an autopsy. Two years generation of scientists and engineers. countability and fiscal stewardship. later, the FBI determined no one else For the National Oceanic and Atmos- We meet our constitutional obliga- was involved and officially closed the pheric Administration, NOAA, we pro- tions for a timely and accurate Census case. vide $4.4 billion, including: $945 million by providing $3.1 million for the 2010 On October 7, 2008, President Bush for our weather service to predict and Census. This will keep the Census on signed a law named after Emmett Till. warn us about severe weather, and $758 track, despite the previous administra- The purpose of the legislation is to million for our fisheries service to pro- tion’s mismanagement of an informa- make sure Justice Department has the tect our marine resources. tion technology contract. necessary resources to investigate civil The bill also provides $17.8 billion for The CJS Subcommittee continues its rights cold cases. NASA, which is $200 million more than oversight role by cracking down on Cold cases are extremely difficult to the previous President’s budget re- cost overruns or mismanagement of solve. Investigators run into many quest. We meet our obligations to fully taxpayer dollars. The bill insists on dead ends, as witnesses are hard to find fund the space shuttle at $3 billion, the discipline and vigorous oversight by re- and evidence can be easily misplaced, space station at $2 billion, and the next quiring each agency to notify the com- mishandled or destroyed. Additionally, generation space vehicle at $3.1 billion mittee when costs of projects grow by investigations use up a lot of time and this year. more than 10 percent, thereby creating money resources. Finally, the CJS bill supports an in- an early warning system. However, solving these cases is im- novation friendly government by pro- We also require that inspectors gen- portant. This is about more than just viding full funding at $2 billion for the eral conduct random audits of grant bringing killers to justice. Solving Patent and Trademark Office, PTO, to funding to ensure compliance. these cases is about letting victims’ reduce backlogs of patent applications Finally, the bill complies fully with families get on with their lives, about and protect our intellectual property; legislative transparency and account- moving beyond racial hatred, and rec- and $430 million for the International ability rules. onciliation. Trade Administration to enforce our Again, I want to thank Senator I want to be clear I support funding trade laws. SHELBY and his staff—Art Cameron, for investigating cold cases. That is The CJS bill also makes important Goodloe Sutton, Allen Cutler and Au- why I fought hard to make sure there investments in America’s future. We gusta Wilson—for their cooperation is money in the Federal checkbook for provide $240 million for economic de- and collegiality. fiscal year 2009 to support the Emmett velopment grants—$140 million more The CJS bill meets the day to day Till law. The CJS portion of the omni- than requested by the previous admin- needs of our constituents by keeping bus provides the Department of Justice istration—to help communities create them safe from terrorism and violent with the resources it needs to inves- jobs and opportunity. We also provide crime. It looks out for the long-term tigate civil rights cold cases. $20 million for public television infra- needs of our Nation by making invest- To boost resources for civil rights structure grants. ments in America’s physical and intel- cold case investigations, the CJS bill The CJS bill funds the science we use lectual infrastructure to create and provide $123 million for the Depart- to monitor and predict changes in our sustain jobs for today and jobs for to- ment of Justice’s Civil Rights Division, weather and climate, and make policy morrow. which is $7 million more than 2008, and decisions on actions we should take to For these reasons, I urge my col- charged with heading up the investiga- save our planet. In fact, the CJS bill leagues to support it. tion and enforcement responsibilities funds 85 percent of all Federal climate AMENDMENT NO. 608 set forth in the Emmett Till bill. We change science. Mr. President, I rise to oppose the include $151 million for funding to re- Specifically, we provide $1.4 billion amendment No. 608 offered by the Sen- duce enormous backlog of untested for NASA Earth science for satellite ator from Oklahoma. Simply put, this DNA evidence. There is a backlog of missions that tell us how much pollu- amendment is a solution in search of a 500,000 unsolved cases with untested tion is in our atmosphere, our problem. The CJS portion of the omni- DNA evidence sitting in evidence lock- rainforests and ice sheets are shifting, bus does provide funds for the Depart- ers today. and the height and chemistry of our ment of Justice to solve civil right cold So that State and local law enforce- oceans are changing. Funding for Earth cases. This amendment is a distraction. ment have the means to carry out their science includes $150 million for new Before I speak about why I oppose roles in investigating civil rights cold NASA earth science missions, which is this amendment, however, we must cases, we provide $30 million for com- $50 million above the previous Presi- first talk about Emmett Till. petitive funds for State and local gov- dent’s request. This funding is rec- Emmett Till was a 14-year-old Afri- ernment to investigate and prosecute ommended by the National Academy of can-American boy from Chicago who civil rights violations. There is also $25

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.019 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2733 million for competitive grants to State vancement of Colored People, the Southern we have hired private collection agen- and locals to reduce forensic evidence Poverty Law Center. and the National Urban cies to collect lower level delinquent backlogs. League to investigate the unsolved racially- taxes and, in fact, we have actually The CJS bill provides $9.8 million for motivated violent crimes committed more lost money in doing so. than 40 years ago. The FBI has prioritized the Justice Department’s Community the top dozen of these cases, though there It is almost unthinkable that some- Relations Service to train local law en- are more than 100 unsolved murder cases one who is going to collect taxes is forcement how to mediate racial ten- from the civil rights era under review by the going to lose money doing it. That is sions in communities. We also have FBI. like being in business to sell tomatoes $75.6 million for the inspector general You have my personal commitment that and someone is going to give me the to- at Department of Justice, which is $5 the Department will continue to pursue matoes and you lose money. million more than 2008. Under the Em- these serious crimes in those matters in Here is what the taxpayer advocate which the law and the facts would permit ef- says. The tax advocate is someone who mett Till law, the Inspector General fective law enforcement action. We will con- has the authority to investigate miss- tinue to use our resources and expertise to works independently inside the Inter- ing children cold cases. identify and locate those responsible for nal Revenue Service on behalf of tax- In addition to cold case investiga- these crimes and prosecute them whenever payers. Taxpayer Advocate Olson says tions, the CJS bill provides robust possible, consistent with the Principles of that since its inception—this latest funding to enforce our Nation’s civil Federal Prosecution. iteration of using private collection rights laws. It includes $1.84 billion, Sincerely, agencies—the IRS has spent roughly which is $88 million more than 2008, for ERIC H. HOLDER, Jr. $80 million to set up and administer the U.S. attorneys office at Depart- Ms. MIKULSKI. It is time to move this program to collect delinquent ment of Justice. These are the attor- the appropriations. We have to make taxes. They have spent $80 million but neys who investigate and prosecute sure our Government can function so collected net revenues of only $60 mil- civil rights violations. The bill also has our economy can function. lion. $9 million for the Commission on Civil I yield the floor. Think of that. You hire some private Rights, which is responsible for making The ACTING PRESIDENT pro tem- companies to collect delinquent taxes. agencies are complying with Federal pore. The Senator from North Dakota It costs $80 million to get it going and civil rights laws and raising public is recognized. administer it, and you collect $60 mil- awareness on civil rights. Lastly, we Mr. DORGAN. Mr. President, prior to lion. I took rudimentary math in a include $343 million for the Equal Em- the statement by the Senator from high school senior class of nine stu- ployment Opportunity Commission, Maryland, I was listening to the discus- dents in a town of 300 people. I can un- whose mission is to end workplace dis- sion between Senator GRASSLEY and derstand that equation. You spend $80 crimination. This is $14.8 million above Senator DURBIN on an issue that I million and collect $60 million. It 2008 and will help reduce the current know Senator GRASSLEY feels strongly means you lost $20 million. It makes no backlog of EEOC cases. about. I don’t believe there is an sense to me. I urge my colleagues to oppose amendment yet offered. I hope it is not By the way, the firms that did this amendment No. 608 and support the offered, frankly. I have great respect also made $13 million in commissions. omnibus. The omnibus gives Depart- for the Senator from Iowa, Mr. GRASS- That is part of the shortfall here. ment of Justice the resources it needs LEY. He and I have worked together on It is also estimated by the taxpayer to investigate civil rights cold cases a range of issues, and he is a good legis- advocate in the Internal Revenue Serv- and enforce our country’s civil rights lator. He and the Senator from Illinois, ice that had they not hired a private laws. Mr. DURBIN, were having a disagree- collection agency and instead hired I have a letter from Attorney Gen- ment about this. collectors at the IRS, they would have eral Eric Holder stating his support for I come down on the side of the Sen- collected 13 times more money. This is the goals of the Emmett Till Act. At- ator from Illinois. This discussion is about, in my judgment, common sense torney General Holder is committed to about the issue of using private collec- and waste. Common sense suggests you the goals of the Emmett Till Act, and tion agencies to collect certain Inter- select the best alternative for col- this letter gives his personal commit- nal Revenue Service delinquent taxes. lecting these taxes. The alternative ment to continuing to use funding to First, let me say that I think people that would give the taxpayers the most pursue these serious crimes. who are delinquent on their taxes for their investment and waste is about If the Senate does not pass the omni- ought to be squeezed a bit to pay them. deciding you are going to hire private bus, the Department of Justice will be Unless there is some extraneous cir- collection agencies and spend $80 mil- forced to operate at 2008 levels. This cumstance, I think most Americans lion and collect $60 million. means we will have to lay off investiga- voluntarily pay their taxes. They do Let me make a couple of observa- tors and prosecutors, and civil rights not necessarily like to but they do be- tions about what the tax advocate has enforcement and investigations will be cause that is part of the cost of citizen- said about these issues. The tax advo- compromised. ship in this country. We have to do cate has said—and again, this is an em- For all these reasons, I urge a ‘‘NO’’ things together. We build roads to- ployee inside the Internal Revenue vote on this amendment. gether, and we have a law enforcement Service: I ask unanimous consent that the function in our communities together. Private debt collection initiatives are fail- letter to which I referred be printed in We build schools, we have defense—we ing in most respects. . . . Not meeting rev- do all these things together. It costs the RECORD. enue projections, its return on investment is There being no objection, the mate- money, so we pay taxes. That’s part of dismal. Private collectors are no better at locating or collecting tax liabilities than the rial was ordered to be printed in the the cost of citizenship. There is great disagreement at what IRS itself. RECORD, as follows: level those taxes should be and who ac- If the taxpayer advocate that we fund THE ATTORNEY GENERAL, tually pays it. I understand all that. inside the Internal Revenue Service to Washington, DC, March 3, 2009. Hon. BARBARA MIKULSKI, But because we have a responsibility to look after the taxpayers says this is a Chairwoman, Subcommittee on Commerce, Jus- pay some taxes and because there are failure, let’s decide it is a failure. tice, Science and Related Agencies, Com- some who do not, we have taxes that The underlying legislation brought mittee on Appropriations, Washington, DC. are delinquent in the Internal Revenue to the floor in this omnibus package ef- DEAR MADAM CHAIRWOMAN: The Depart- Service that need to be collected. fectively says let’s get rid of this pro- ment of Justice wholeheartedly supports the The Internal Revenue Service has on gram. Let’s have the collections done goals of the Emmett Till Unsolved Civil two occasions begun experiments with as they should have been done and were Rights Crime Act. The racially-motivated hiring private collection agencies to done for a long time at the Internal murders from the civil rights era constitute some of the greatest blemishes upon our his- collect those taxes. The experience Revenue Service. They will not lose tory. with those experiments has not been money. We will collect 13 times more The Department is working in partnership good. Because there has been a great revenue, in my judgment, based on the with the National Association for the Ad- move toward privatizing everything, estimates.

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.020 S04MRPT1 smartinez on PROD1PC64 with SENATE S2734 CONGRESSIONAL RECORD — SENATE March 4, 2009 Former IRS Commissioner Mark Hall of the House of Representatives to perform the function of that agency. Everson in congressional testimony hear the address by the Prime Minister These contracts are not competitive said: of Great Britain. pursuant to the Indian Self-Determina- I have freely acknowledged it is more cost- (The address delivered by the Prime tion Act and other statutes enacted to ly to use private collection agencies than it Minister of Great Britain to the joint help Native Americans. would be were the IRS to do it. meeting of the two Houses of Congress In fact, efforts were made to correct That is from an IRS Commissioner. is printed in the Proceedings of the this language during the conference ne- Former Acting Commissioner Kevin House of Representatives in today’s gotiation of the recovery act so that Brown told the House Ways and Means RECORD.) small businesses—the backbone of this Committee: Whereupon, at 12 noon, the Senate, country—and Native American funding We can do it more efficiently. We have the having returned to its Chamber, reas- would not be unnecessarily penalized tools under the law that obviously are going sembled and was called to order by the by language that combined the broad to lead us to being more efficient. Presiding officer (Mr. CASEY). dismissal of authorization statutes and the narrow citing of one procurement My only point is, I hope there is not f an amendment on this issue. I have law. Even with the significant improve- OMNIBUS APPROPRIATIONS ACT, ments made to the original text, the great respect for my colleague from 2009—Continued Iowa. But I think this is a program Senator from Alaska, who is the rank- that should not have been started. Now The PRESIDING OFFICER. The Sen- ing member on the Energy and Natural Resources Committee, asked that I that it is started and losing money, it ator from California. enter into a colloquy with her during ought to be abandoned. If we are look- Mrs. BOXER. Mr. President, I suggest consideration of the conference report ing after waste, fraud, and abuse issues the absence of a quorum. to clarify that the language did not im- and trying to protect the American The PRESIDING OFFICER. The pact existing Federal procurement law taxpayer and shut down the waste of clerk will call the roll. applicable to programs that allow for taxpayers’ money, there is no better The legislative clerk proceeded to set-asides and direct-award procure- candidate, in my judgment, than the call the roll. ments. candidate that is in this omnibus pack- Mr. INHOFE. Mr. President, I ask unanimous consent that the order for Mr. President, I cannot speak to the age and this particular subcommittee intentions of the Senator from Okla- by which we shut down the use of pri- the quorum call be rescinded. The PRESIDING OFFICER. Without homa as to what he wants to accom- vate collection agencies that have ac- objection, it is so ordered. plish with this amendment. To be tually lost money for the American clear, however, I can speak to the con- taxpayers. My hope is we do not have AMENDMENT NO. 596 Mr. INOUYE. Mr. President, amend- sequences of the pending amendment. an amendment on this point. In any It will have a destructive impact on event, it is long past the time for us to ment No. 596, offered by the Senator from Oklahoma, prohibiting funding the small business programs and Na- have shut down a program that is cost- tive American programs mentioned ing the American taxpayers money— from being used for no-bid contracts would appear on its face to be a good above. $20 million to hire private tax collec- Do we really want to prohibit small amendment, an amendment that some tors who are collecting less money veteran-owned businesses, service-dis- are asking: Why would I vote against than it is costing us to hire those col- abled, veteran-owned businesses from this? lectors. Federal funding opportunities unless When this amendment first appeared One might, by the way, look at this they compete in the same manner as as an amendment to the recovery act, and say: Man, how can that be con- large corporations? Do we really want the Senate passed it by a unanimous troversial? It seems to me that is a to prohibit small women-owned busi- vote because it appeared to be a good- slam dunk, that is common sense. If nesses from Federal funding opportuni- government amendment. However, that is the case, if that is what you ties unless they compete in the same what we quickly learned as we began think, you do not understand how the manner with large corporations? Do we system works because even things that conference negotiations with the House really want to say our Federal agencies are demonstrable failures are often is that the consequences of this amend- must ignore existing Federal procure- hard to shut down. This is an example ment are more far reaching than sim- ment laws that govern these small of that. We are close to getting that ply prohibiting no-bid contracts. business programs and Native Amer- done. Because of the way this amendment ican programs and allow only these Mr. President, I yield the floor. is drafted, it is destructive to small small businesses to compete subject to I suggest the absence of a quorum. business and minority-owned busi- section 303 of the law? The PRESIDING OFFICER (Mr. BEN- nesses in this country, as well as to Na- This amendment systematically ig- NET). The clerk will call the roll. tive American funding. This amend- nores years of Small Business Com- The legislative clerk proceeded to ment states the only procedures that mittee and Indian Affairs Committee call the roll. can be used to award funds in this act authorizations enacted into law by in- Mr. FEINGOLD. Mr. President, I ask are the procedures in accordance with sisting that all contracts be awarded unanimous consent that the order for only section 303 of the Federal Prop- through one specific section of one spe- the quorum call be rescinded. erty and Administrative Services Act. cific law. This is the exact language The PRESIDING OFFICER. Without As a result, this amendment prohibits the Senator from Oklahoma offered objection, it is so ordered. agencies from making any awards to during Senate consideration of the re- f small businesses through statutes that covery act and not the provision that have been enacted over the years that was amended after Members were made JOINT MEETING OF THE TWO provide assistance to small businesses, aware of the negative impacts on our HOUSES—ADDRESS BY THE including small veteran-owned busi- small business community. PRIME MINISTER OF GREAT nesses, service-disabled, veteran-owned Consequently, while it appears to be BRITAIN businesses, minority-owned businesses, a good-government amendment, it is in The PRESIDING OFFICER. Under tribal enterprises, women-owned busi- fact the opposite. If this amendment is the previous order, the Senate stands nesses, HUBZone-qualified businesses, adopted, it will cause significant dis- in recess until 12 noon in order to at- and other entities covered through the ruptions to small businesses across this tend a joint meeting of Congress. SBA programs, as well as the Javits- country, and I don’t wish to be part of Thereupon, the Senate, at 10:40 a.m., Wagner-O’Day Act, just to name a few. that effort. Small businesses make up recessed until 12 noon, and the Senate, Mr. President, in terms of Native 99.7 percent of our Nation’s employers preceded by the Deputy Sergeant at American funding, this provision would and 50.3 percent of our Nation’s private Arms, Drew Willison, the Secretary of essentially overturn the so-called ‘‘638’’ sector employment. Denying the abil- the Senate, Nancy Erickson, and the contracts whereby a tribe contracts ity of these small businesses to com- Vice President of the United States, with the Bureau of Indian Affairs or In- pete on a level playing field would se- JOSEPH R. BIDEN, Jr., proceeded to the dian Health Service or other agency to verely impact small businesses that are

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.008 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2735 already struggling to stay afloat dur- saying you authorized $15 million a reaucracy, whether it is private or pub- ing the current economic downturn. year for the next few years to do some- lic, grows over time, so businesses are Given the information we have thing and then have a chance to fund it looking for ways to be able to handle learned since this amendment was first and not fund it and say we didn’t need these tough economic times. proposed several weeks ago, and given to authorize the funding in the first Local governments and State govern- the fact the language before us does place. It is hypocritical, in my opinion, ments are forced to live within a budg- not take into account and address the and my hope is we will give great and et. So what are they doing? They are many problems raised after it was first concerted consideration to my amend- making tough choices right now. Even proposed, I encourage my colleagues to ment. with the money the Federal Govern- oppose this amendment. It is the least I yield the floor and suggest the ab- ment sent them, they are still having we can do for our small businesses, par- sence of a quorum. to make difficult choices, so they are ticularly given the economic crisis we The PRESIDING OFFICER. The looking for what wasteful spending is are currently in. clerk will call the roll. out there and what ways they can cut Mr. President, I yield the floor. The legislative clerk proceeded to back on waste. The PRESIDING OFFICER. The Sen- call the roll. The one place that seems immune to ator from Oklahoma is recognized. Mr. ENSIGN. Mr. President, I ask cutting wasteful spending is the Fed- AMENDMENT NO. 608 unanimous consent that the order for eral Government, and the people re- Mr. COBURN. Mr. President, I would the quorum call be rescinded. sponsible for that are right here in this like to speak a few minutes on the Em- The PRESIDING OFFICER. Without Chamber and in the Chamber across mett Till amendment that I have up. objection, it is so ordered. the Capitol. We control the purse We heard this morning from the Honor- Mr. ENSIGN. Mr. President, very strings. This is not a time for us to in- able Senator from Maryland, utilizing soon I am going to talk about an crease spending. This is a time for us the letter from the Attorney General amendment I want to offer on the DC to ask every Federal agency, depart- saying they would work hard in ap- Voucher Program for low-income kids. ment, program out there: How can you proving and working on the Emmett But first I want to talk about the bill save money right now? How can you Till Unsolved Civil Rights Crime Act. in general for a few minutes. cut administrative costs? Which pro- However, the defense for not approving Yesterday, I talked about the spend- grams are duplicative? Which programs my amendment was the fact that the ing bill we have before us as being 8 are working and which ones are not? Justice Department is going to work percent over spending from last year Let’s take the money away from the hard on it anyway. on various programs that are contained programs that are less efficient right I would note for my colleagues that within the bill. now, let’s cut back on bureaucracy in- is exactly the opposite amendment We just had Secretary of Treasury stead of expanding the bureaucracy at that we had last year when we were Geithner before the Senate Finance this point. I would say this is really an trying to pass this bill, when it was my Committee. I asked him a question. I irresponsible moment for this Con- contention that we didn’t need addi- said: I applaud the President for gress. tional money and that the Justice De- hosting a fiscal responsibility summit I applaud two Members from the partment could do it. What we heard just last week at the White House. I other side of the aisle, Senator EVAN almost unanimously outside this think that was a great thing. It set BAYH and Senator RUSS FEINGOLD. Chamber is they couldn’t do it without some very important goals for us to be They have come out in opposition to funding. fiscally responsible to the next genera- this bill because they said pretty much So now we have an amendment that tion. I told him this administration the same things I was saying this actually puts in funding to go after had an opportunity to say these are morning. Senator EVAN BAYH from In- these perpetrators of these heinous last years bills, drafted under a dif- diana wrote a great opinion editorial crimes. Yet we don’t want to do it be- ferent administration. But rather, they today in the Wall Street Journal lay- cause now the very excuse we said said, we are going to look the other ing out why this is an irresponsible bill wasn’t good enough last year is good way; we are not going to hold to our and why he is going to be opposing it. enough this year. ‘‘no earmarks’’ pledge or fiscal respon- If we are going to care about our That is disloyal to the cause, No. 1; sibility pledge on this bill, we are going children and our grandchildren, we and, No. 2, it does not make any sense to do that on future things. cannot wait a year or 2 years. We need in light of the very statements made But the problem is, it is not just this to be fiscally responsible today. We by some of the very same Senators last bill that increases spending by 8 per- should have been doing it in the past year. cent. This bill gets added into the base- years as well. I agree there has been ir- The fact is, not funding this will line. This extra $23 billion gets added responsible spending in this body by make a real difference in the number of into this year’s baseline, which means both sides of the aisle and by the pre- cases that get brought to prosecution. that next year’s the baseline goes up vious administration, but that is no ex- We have a letter from the Attorney and the budget for the next year after cuse for us to say we can just continue General that says he will try, but what that goes up, and up and up, so this $23 it. we are talking about is giving him billion increase in federal spending Federal spending has been rising and more money so he does not have any ends up being several hundred billion rising, much of it off budget. I agree excuse for not trying—which lines up over 10 years. That is not what we with the Democrats when they criticize exactly with the reasoning behind the should be doing now. Republicans in the previous adminis- appropriations bills on almost every We have entitlements that are going tration for off-budget spending. I have other topic. to be exploding. Every family in Amer- been one of the people up here saying I say to my colleagues, having a let- ica today is looking for ways to cut the tricks we were playing with the ter which was generated last year in their budget. We are hearing that the budget on defense were dishonest. They my support for trying not to increase movie industry is actually doing pretty were trying to say they were not in- the funding—which was said that well right now because people are say- creasing spending because it would wasn’t adequate, that we needed fund- ing: That is actually a little luxury I take money away from defense, know- ing—now the fact that you refused to can afford, because they can’t afford ing it would be added on later so they fund something you promised to fund some of the bigger luxuries they want- could increase other spending bills. and say it will get done anyway does ed. Instead of buying cars or big-pur- That was dishonest. That was dis- not speak very well of our effort in chase items, they are buying smaller honest budgeting, and it is time to get that behalf. things. That is why Wal-Mart seems to to honest budgeting. It is my hope the Senate will look be doing well at this point. People are But it is also not just honest budg- hard and long at this. You cannot have looking for values. eting we need to get to. We need to get it both ways. You cannot say you need Businesses across the country are to fiscal responsibility. So really take to authorize funding, we need to have looking to cut expenses. They are look- a look at what we are doing here. funding, and send out a press release ing to cut wasteful spending. Every bu- Think about the next generation and

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.009 S04MRPT1 smartinez on PROD1PC64 with SENATE S2736 CONGRESSIONAL RECORD — SENATE March 4, 2009 future generations. Do we really want I yield the floor. rected funding can decide how some of to add this kind of debt burden, where The PRESIDING OFFICER. The Sen- that is spent. So it is not a constitu- they have to pay hundreds of billions of ator from Iowa is recognized. tional issue. It is not a constitutional dollars and even trillions of dollars in Mr. HARKIN. Mr. President, I come issue, at least as far as Congress goes, interest just because we were unwilling to the floor to speak in opposition to as far as directing where spending to take tough votes here in the Senate? an amendment offered by the Senator should be made. The second issue I wish to talk about from Oklahoma, who singles out two But I want to talk about these two is the issue of DC choice. The schools instances of congressionally directed earmarks mentioned, both of which ad- in Washington, DC, are some of the funding that were included in the fiscal dress significant needs both nationally worst schools in America. We brought year 2009 Omnibus appropriations bill and in my State of Iowa. I will talk this issue up last week, and we were under my name. The Senator has about the second earmark, funding re- able to get an agreement that, instead claimed that these earmarks are inap- search into swine odor and manure of having a vote on the DC voting propriate or wasteful and should be re- management later in my remarks. rights bill, the majority leader would moved from the bill. One provides $5.7 I want to say at the outset, I am give us time on the Senate floor to re- million for competitive school mod- proud of both of those earmarks or con- authorize the program. It is a program ernization grants in my State of Iowa. gressionally directed spending, and I that says for very low income kids in The other provides $1.8 million for na- stand behind them. I believe the Sen- the District of Columbia, we are going tional research into swine odor and ator from Oklahoma’s attempt to to experiment and see if maybe we can manure management at the Soil Tilth strike them from the bill is extremely give them a decent education. Laboratory in Ames, Iowa. shortsighted and misguided, quite The District of Columbia spends At the outset, as a constitutional frankly. around $15,000 a year per student on matter, I first take issue with the So let me spend a few minutes dis- public school education. We said we premise underlying the amendment of cussing why I included these items in will give them a $7,500 voucher towards the Senator, the idea that Congress has the bill. Let me start first with the $5.7 million for competitive school mod- the ability to go to a private school, a no business directing the expenditure ernization grants. For years I have ar- school of their choice. The number of of Federal moneys through congres- gued that the genius of our education people who want to get into this pro- sionally directed funding; that some- system in America is its diversity; gram is incredible. Why? Because DC how there is something inherently local school districts deciding what is schools are failing too many children. wrong or evil in this practice and that taught, what books to buy, what teach- DC schools are mostly made up of mi- only the executive branch should deter- ers to hire, how to run their schools. norities, and we are trapping those mine the details of where moneys are We do not have, as some other coun- very minorities into a school system to be spent. This stands the Constitu- tries have, a top-down structure where that by and large does not work. So the tion on its head. Article I, section 9, the central government decides exactly DC voucher system was put in to at expressly gives Congress the power of what is to be taught, how it is to be least take a few of those students out the purse, both to collect moneys—levy taught, and everybody gets the same and see if they can do better in a dif- taxes—and to direct where that money thing. I have been to those countries. A ferent setting. Does it work? Some peo- is to go. I would say that the Execu- lot of them tout their educational sys- ple say we are not measuring it right. tive, the President of the United tem. But, quite frankly, it does not All you have to do to know whether it States, does not have the constitu- have the kind of creativity and diver- works or not is to talk to the parents tional authority to spend one single sity and spontaneity that our diversi- and to the students who have been in- dime of our taxpayers’ money. That au- fied education has in this country. So volved in the program. Guess what. thority has been given to the Presi- that is the genius of the American sys- They want it to continue. As a matter dent, the executive branch, over the tem of education. of fact, they would like to see it ex- last 200 years by the Congress, but The failure of the American edu- pand. But what are we doing? This bill there is no constitutional basis for the cation system is how we pay for it. I all but guarantees its elimination. How President spending any money. So, wish someone would show me some- does it do that? If this language is not therefore, that is inherently a con- where in the Constitution where it says removed from the omnibus the pro- stitutional function of the Congress. At that elementary and secondary edu- gram would be effectively cut. The om- any moment, at any time, if we want cation in America is to be paid for by nibus contains language to eliminate to, we can pass legislation taking all property taxes. You will look and you the program after the 2009–10 school that money back here and saying the will not find it anywhere in the Con- year unless congress reauthorizes it President cannot spend a dime unless stitution. So why do we do it that way? and DC City Council approves it. We we say so. We do not want to do that, Well, I delved into the history of this, know where the votes are on the DC obviously. But we could. We would be and it kind of goes like this: In the City Council. The votes on the DC City in our constitutional right to do so. So early days of the founding of our coun- Council would kill the program. The there is not something inherently try, before we were a nation, in the teachers unions in the District of Co- wrong with Congress directing funding. Colonies, people wanted to have a free lumbia, as they are in most cases, are In fact, I would say it is more appro- public education. Well, it was free for totally opposed to any kind of voucher priate for Congress to do that than for white males at that time, but, nonethe- system. They believe it is a threat to the President. less, free. But since we had no taxing their power base. It is an odd practice—if the President system other than tariffs and property I am concerned about the kids and requests it in the budget, it is not an taxes, that was the only way they their education. That is all I am con- earmark, but if we put it in, it is an could pay for it. So tariffs and property cerned about. If this program is going earmark. taxes became the support mechanism to work—and it seems to be working Someone please tell me the logic of for local schools in the Colonies, and based on the interest of the number of that. So, again, I basically disagree that kind of continued on. It continued families who want in it and based on with sort of the underlying premise on. The tariffs went by the wayside, so the desire of the families who are in it that somehow executive branch em- then it became a property tax-based to continue in it—then that is what we ployees, all those bureaucrats, have a function for paying for elementary and should be concerned about. much better understanding of where secondary schools in America. The first I am going to be offering an amend- and how Federal funds should be spent time the Federal Government ever got ment that would strike the language in most effectively in our States and in involved in education in any way what- the omnibus bill and would allow us to our districts. soever was in 1864 with Morrill, the bill authorize it this year in the Senate. Now, again, over the years we have that Lincoln signed for setting up land That is the right thing to do, to make permitted that to happen, but we, grant colleges and universities. That sure these kids still have a chance to through our oversight functions, can was the first time, and that was only get a good education in the United look at how that money is being spent, higher education. That was higher edu- States. and through our congressionally di- cation.

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.010 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2737 The next time the Federal Govern- is many years ago, back in the late There are kinds of pots. One pot is for ment got involved in education was al- eighties. And I have on my wall, right fire and safety, which requires no most 100 years later. It was after World by the door that goes out of my office, match. The other is for building and War II when we set up the GI bill to a framed piece of paper. It is a little or- renovation which does require a local pay for our young veterans to go to ange card. It has always been there. I match. college, and then that was higher edu- have always kept it there to remind me Now, I might say that since 1998 this cation. of something. It is my father’s WPA Federal funding has leveraged public Then we had the Eisenhower pro- card, when he worked on the WPA in and private funding so the dollars that gram, the National Defense Student the 1930s. have gone out there have multiplied Loan Program in the 1950s. Again, It occurred to me that when I was a tremendously. I think my colleague higher education. The first time the teenager, my father took me to visit called the funding unfair and wrong. He Federal Government ever got involved Lake Ahquabi, which is a lake south of believes it is unfair that Iowa’s schools in elementary and secondary education Des Moines, which is now still being receive funding while children else- was title I, providing some Federal used as a recreational lake. They built where in the United States are forced help to low-income schools to try to that; still being used today. to learn in antiquated, crumbling help right this imbalance out there. He took me to visit a high school, school buildings. Then we had the Education of the Cornerstone, WPA, 1940, that he had Well, I agree with my friend from Handicapped Children’s Act, which worked on; still being used today. I Oklahoma. He is correct in one respect. later became IDEA, the Individuals dare say there are schools all over There is indeed a persistent and unfair with Disabilities Education Act. So the America that are still being used, built disparity in the quality of schools Federal Government has not been in- by the WPA. Finally it occurred to me across the country, the savage inequal- volved—well, unless you want to take that perhaps one role the Federal Gov- ities, I just mentioned. Jonathan Kozol the School Lunch Program. The School ernment could take in helping to bal- wrote the book about it in the 1980s. Lunch Program and breakfast came ance these savage inequalities of rich In fact, for the last several years, along later, but the School Lunch Pro- areas versus poor areas in terms of the local spending on school facilities in gram, which came in after World War quality of the school facilities is to be affluent communities is almost twice II as a feeding program, not as an edu- involved in modernizing and building as high as in our poorest communities. cational program. I forgot to mention new schools and getting the technology So I ask the question again, why that. into these schools. That way you do should the circumstances of your birth, So the Federal Government’s in- not interfere with who is hired, who is where you are born and where you are volvement in elementary and sec- fired, what is taught, what textbooks raised, determine the quality of the ondary education has been as of late to buy. You are only helping to build school you go to? Why should it? So we and very small, only title I, and basi- new schools. We did that in the 1930s tried to alleviate this imbalance. Sure, cally IDEA, the Individuals with Dis- and we have been using a lot of these you want every State in the Nation to abilities Education Act. schools ever since. have this. As I said to my friend from Jonathan Kozol wrote a book in the So I might add, as an aside, that Oklahoma, he may not have heard this, eighties called ‘‘Savage Inequality,’’ when I sought the nomination of my in this year 2000, we did get it through and this was the savage inequality: party for President in 1991 and 1992, for every State. But that was only 1 What he talked about is how he trav- this was one of my platforms. I talked year, and then in 2001 the Bush admin- eled around America and how he found about the need to invest in the infra- istration came in and stopped it. But in there were some great schools and structure. I called it the blueprint for that 1 year, it did go out. great facilities in one place, and very America. On my document I had a pic- Now, again, and most recently in the bad schools with bad facilities in an- ture of a blueprint. Part of it was stimulus bill, in the American Recov- other place. He asked the question building and remodernizing schools ery and Reinvestment Act, we did in why. Why is this? Well, it was because through the Federal taxing system, the Senate put in $16 billion for school if you happened to be born and raised rather than relying on property taxes. construction and renovation to go out in Fairfax County, for example, where Well, I didn’t win the Presidency, ob- all over America. I was happy about there is a high income level and very viously, but I continued in that en- that. I thought this was something high property taxes, you get great deavor. I could not quite get it that would put people to work, stimu- schools. If you are born and raised in through, although we did have 1 year late the economy and build schools for Bedford-Stuyvesant, or in inner city finally we got it through. In 2000, the our kids, get new technology into our south Los Angeles, or in some rural last year of the Clinton administra- schools. areas of Iowa or Missouri or Oklahoma, tion, we got $1 billion for a national Well, because of opposition on that Kansas, chances are you got very low program of modernizing and helping to side, that was stricken from the bill. In property taxes and you got poor modernize schools. That was reduced the conference it was stricken. So, schools. down to about $800 million. It went out again, I do not mean to have this only So he asked the question, and then I 1 year. The next year President Bush for Iowa, I would love to do this for the asked the question: Why should where came in and the program got ended. So entire United States. you are born, the circumstances of we did have 1 year of it and, quite So again, if I could not do it there, at your birth and where you are raised, frankly, that 1 year, that money went least I wanted to see what would hap- why should that be determinative of out quite well and did a lot of innova- pen in the State of Iowa. And I can tell the quality of the physical school you tive, good things with schools all over you that over the years, each Federal have? Why should that determine it? America. dollar that has gone into my State for That is the savage inequality of our Since I could not get the Federal this has leveraged an additional $5-plus educational system. Government to do this in the broader additional from public and private Well, I began thinking about this basis, I decided to see what would hap- sources. some years ago on how we would kind pen in my State of Iowa if we started How does that happen? Well, a lot of of right this system, how we would doing this, what would happen, how times school districts would try to pass tend to solve this imbalance, on the would this work. So since 1998, I have a bond issue. They could not pass it to one hand by not interfering with the been fortunate to secure funding for renovate or something, because they genius of the American school system, my State’s schools in this regard. are poor people, you know, and this which is, who is hired and who is fired, The actual allocations are funds are means raising property taxes. We have who teaches, what they teach, the text- not made by me, they are made by the a lot of elderly in Iowa. Raising prop- books, all that, how do we not interfere Iowa Department of Education, which erty taxes is hard when they are on a with that, but at the same time try to undertakes a grant competition to se- fixed income. balance these savage inequalities. lect the most worthy and needy school So they don’t vote for the bond Then one day it occurred to me. I was districts that receive these grants for a issues. All of a sudden they applied for walking out of my office one day. This range of renovation and repair efforts. one of these competitive grants to the

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.012 S04MRPT1 smartinez on PROD1PC64 with SENATE S2738 CONGRESSIONAL RECORD — SENATE March 4, 2009 Department of Education in the State lars to improve the school facilities within Safety Grants that we are able to keep our of Iowa. The State of Iowa gave them a the Clear Creek Amana District. facilities open and provide a safe environ- grant, but they had to match. Guess Having resources to construct new build- ment for our children to work and play in. ings allowed us to take advantage of the lat- what happened. They passed the bond The Harkin grants have allowed us to make est information regarding excellent school our buildings handicapped accessible, so all issue and built new schools. It has le- design. With the assistance of our architects children are given equal opportunity to at- veraged private involvement, people and engineers and the cooperation of stu- tend classes on the second and third floor of with businesses, endowments, and even dents, staff and community members we are our facility. The Harkin grants have created individuals who have come forward to confident that our new schools will provide an equal playing field so the children of our put money into local schools because improved learning environments for CCA district have the same safe environments as they had this grant. students and staff. A few of our design fea- wealthier districts. The Harkin Fire Safety I ask unanimous consent to print in tures include: increased student and staff ac- Grants have provided handicapped doors, fire the RECORD some letters I received. cess to technology; updated science labs and alarm systems, warning devices, and fire safe One is from Paula Vincent, super- equipment; flexible teaching and learning doors. Without these funds our school would spaces with planned areas for small and large intendent of the Clear Creek Amana have been closed down and children would group instruction; common areas for teacher have been forced to travel long distances to School District. She points out that re- teams to plan, and study together; shared other schools. ceipt of a school construction grant school and community spaces such as pre- I truly applaud your efforts in providing was instrumental in her district pass- school, library/media center, physical fitness these funds for schools. Considering all of ing a $2.5 million bond referendum to areas, before and after school space and the foolish ways the government spends build two new schools. Prior to receiv- shared gym space; and added safety features money, I can’t believe that anyone would ing the grant, her district did not have such as controlled building access with lim- want to end this program. The Harkin Fire a history of passing bond referendums ited exterior door entry points, electronic Safety Grants provide funds that are making door controls and sprinkler systems. a difference in the lives of children. What for school improvement. Not only did Again, federal support through the school this bond referendum pass on the first could be better? I encourage you to continue construction grants played a key role in the good fight for the poor people of Iowa. I vote, but it broke records for voter making these improvements to the overall encourage you to continue to fight the shift- turnout and has led to additional sup- safety and quality of the learning environ- ing of funds to ‘‘bail-out’’ private businesses port for school infrastructure from sur- ment in our schools possible. at the expense of our children and the future Federal school construction dollars also rounding communities. She estimates of this great nation. If there is anything I have a positive impact on environmental can do to help preserve these funds, please that an initial $100,000 grant led to an concerns. We were able to incorporate mul- let me know. On behalf of the Corning Com- additional $28 million in local funding tiple energy saving features into the design munity School District, the patrons of to improve school buildings. That is of the new buildings by participation in the Adams County, and most of all the children way over 5 to 1. That may be an anom- Commercial New Construction Program pro- of our district, we thank you for these funds. vided by the Weidt Group, Minnetonka, Min- aly, but that is what she says happened Respectfully, nesota, and funded by the local utility com- in their area. MIKE WELLS, panies. I have other letters from individuals Superintendent. on these grants and what it has done. The benefits of building an energy efficient There being no objection, the mate- building include a cash rebate from the util- ity companies of about $250,000 as well as DES MOINES PUBLIC SCHOOL SYSTEM, rial was ordered to be printed in the lower operational costs for the lifetime of Des Moines, IA, March 3, 2009. RECORD, as follows: the new buildings. Many of the selected en- DEAR SENATOR HARKIN, As a member of the CLEAR CREEK AMANA ergy strategies also contribute to the quality Des Moines School Board I would like to COMMUNITY SCHOOL DISTRICT, of the learning environment (natural light- thank you for all the work you have done to Oxford, IA, March 3, 2009. ing, temperature controls in each class- enable our school system to receive Harkin Hon. TOM HARKIN, room). We believe these energy-efficient Grants. Without them our urban school dis- First Ave. NE, strategies add significant investment value trict would be lagging behind in both infra- Cedar Rapids, IA. to the buildings and minimize many negative structure and fire safety needs. DEAR SENATOR HARKIN, Thank you for your environmental impacts typically caused by The Des Moines Public School System is continual advocacy for facility construction new construction. an urban school district with a free and re- and renovation. As you know, Clear Creek We have experienced a significant benefit duced lunch rate above 50 percent. We have Amana was fortunate to receive one of the from a modest federal investment in school received a total of 8 Harkin Grants in the Iowa Demonstration Construction Grants to infrastructure. We have every reason to be- amount of $4.275 million dollars. We have aid in the construction of a new elementary lieve our students will benefit from the im- used the Harkin Grants in a number of our school. proved learning environment in our new buildings. For example, we have been able to This half million dollar Harkin grant was schools and we expect we will see some of use the infrastructure portion of the Harkin helpful to our district in successfully passing this benefit in higher student achievement. Grants to add to our renovations at Moulton a twenty-five and a half million dollar gen- Higher achievement by our nation’s children School, Capitol View Elementary and Carver eral obligation bond referendum to build two ultimately translates to a brighter future for Elementary. All three of these schools have new schools. In Iowa, school districts must all of us when these children take their place a free and reduced lunch rate over 79 percent. receive a super majority, sixty percent ap- as contributing members of the workforce The Harkin Grants have helped to bring 21st proval, to pass any bond issues. Our commu- and of the educated citizenry essential for a century buildings to students of all economic nity did not have a history of passing bond democratic society. backgrounds. Harkin Grants have also been referendums for school improvement prior to Thank you for your work in including used to help Des Moines East High School this latest attempt and had never passed a school infrastructure support in Federal leg- with its renovation expansion to meet the bond referendum on the first vote. Not only islation. needs of its urban population. We have also did the community approve the bond ref- Sincerely, received Harkin Grants for renovations at erendum on the first vote, but also broke PAULA VINCENT, one of our downtown schools. Without this previous voter turnout records. The federal Superintendent. funding our urban school district would be support was one of the factors members of lagging behind our suburban counterparts. our community listed as a reason they voted CORNING COMMUNITY SCHOOLS, in favor of the proposed bond referendum. Corning, IA, March 3, 2009. Our nearly 30,000 students have also be- The positive success of the bond ref- Senator TOM HARKIN, come safer at school through the fire safety erendum led to additional community sup- Hart Senate Office Building, component of the Harkin Grants. That por- port from cities within the school district Washington, DC. tion has been instrumental in allowing us to boundaries. For example, the City of North DEAR SENATOR HARKIN, With all due re- keep our children safer in a school district Liberty provided land for the new elemen- spect, I would like to express my concern that does not have the resources of many tary school, street and utility access to the about an amendment that has been offered suburban schools. They have helped to bring construction site and an additional half mil- to eliminate the Harkin Fire Safety Grants. our buildings to a superior level of safety. lion dollars toward the construction of the I am the superintendent of Corning Commu- In conclusion, as a board member of the new elementary school. Likewise, the city of nity Schools in southwest Iowa. Our school Des Moines Public School System, I would Tiffin and the Iowa Department of Transpor- is located in Adams County which is one of like you to know how important your Har- tation are partnering with the district to the poorest areas, of not only our state, but kin Grants have been in renovating some of widen the highway leading to the new high of the country. Our local patrons are willing, our high poverty schools and in keeping all school. Using conservative estimates, the but unable, to raise enough funds to main- our students safe. Programs like the Harkin half million dollars of federal support lever- tain our school facilities which were built in Grants have helped us immensely. You will aged an additional twenty-eight million dol- the 1930s. It is only through the Harkin Fire never know how much these grants mean to

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.014 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2739 an urban system like the Des Moines Public riculture Research Service originated and at the same time be good neighbors Schools. administratively within the U.S. De- and do it in an environmentally sound Gratefully yours, partment of Agriculture to conduct sci- way? That is what this money is for. PATTY J. LINK, entific research to address significant The research doesn’t only help Iowa it Director, Board of Education. challenges facing livestock agriculture. helps all across the country because it Mr. HARKIN. Rather than trying to This item is only included as an ear- is research conducted by the Agricul- deprive the schoolchildren in Iowa of mark now because the last Bush budget tural Research Service. They are doing this funding, I encourage the Senator proposed to terminate a number of on- it in Iowa because that is where most from Oklahoma to extend this program going agricultural research projects in of the hogs are. Congress didn’t origi- to his own State and to all other order to come in at a lower funding nate it here. It originated with the ad- States and the District of Columbia. In level, knowing full well this needed re- ministration. the coming weeks, I will reintroduce search would likely be restored by Con- A lot of States share the same prob- the Public School Repair and Renova- gress, which is what we are doing. But lem we do with odor and waste prob- tion Act, which I have been intro- it didn’t originate here in Congress. It lems. I suppose we will hear a lot of ducing for some time, which would cre- originated administratively. jokes on David Letterman and Jay ate a competitive grant program for Let me also point out to the Senator Leno. A lot of other people will be schools across America to receive funds from Oklahoma, this is not a project making jokes about this money for ma- to repair and renovate school facilities for the State of Iowa. It provides fund- nure. Keep in mind, this is not wasteful based upon the successful program we ing for the Agricultural Research Serv- or unnecessary or frivolous. This is have had in Iowa. Were some mistakes ice which is the main in-house research very important to the daily lives of the made in the beginning? Yes. But the arm of the U.S. Department of Agri- people of my State and every other Department of Education, over the last culture. The mission of ARS is ‘‘to find place where we raise swine. 10 years, has figured out how to do this, solutions to agricultural problems that I appreciate this opportunity to how to separate the two pots—one for affect Americans every day from field share with my colleagues my reasons fire and safety with no match require- to table.’’ for including these two items in the ments, one for buildings and innova- One might say the money is going Omnibus appropriations bill. I stand tion requiring a match—and then tak- out to ARS in Iowa. That is because here and say, unequivocally, I am ing in the proposals on a competitive that is where they do the research. If proud of both of them. I believe the ef- basis and deciding where the money ARS was doing research on peanuts, fort to remove them from the bill is should go. I encourage the Senator they would probably be doing it at an misguided. I urge colleagues to vote from Oklahoma to support this bill. I ARS research facility in Georgia. If against the Coburn amendment. ask him to be an original cosponsor to they were doing it on cotton, they I yield the floor. get this out to schools all over the would be doing it in Mississippi or The PRESIDING OFFICER (Mrs. country. someplace not in Iowa. So why are HAGAN). The Senator from Oklahoma. Now let me also talk about the $1.8 they doing it in Iowa? Because one- Mr. COBURN. Madam President, it is million I secured in this bill for re- fourth of all the hogs in America are interesting, the first of the Senator’s search into swine odor and manure produced in my State. We are the No. 1 remarks had to do with the Constitu- management. That always brings a producer of pork, and we are very tion. He conveniently skipped over ar- smile to everyone’s face. David proud of it. The pork industry is crit- ticle I, section 8, and went straight to Letterman will be talking about it and ical to our State’s economy. But as the article I, section 9. If you read what Jay Leno will be talking about it, $1.8 demand has grown for pork and as we Madison and the Founders wrote about million to study why pigs smell. I sup- produce more pork, one can understand article I, section 9, they had a very pose that is the way they will couch it. that the management problems of what limited scope for what we ought to be We all know how the game is played. to do with the waste has become very doing. As a matter of fact, the trouble Critics will take something such as serious, not only for the odor problems we find ourselves in today is because this with a funny sounding name or but for the waste itself. we have abandoned the enumerated purpose, hold it up for ridicule. For At any given day, we have 20 million powers of the Constitution. We have some reason, especially outside rural hogs living in Iowa. Think about it, 20 excused them and we have said: We America, the very word ‘‘manure’’ million. A lot of farmers use the the should fund it all. seems to be cause for laughter and lev- manure from hogs as fertilizer. The De- As far as education, Federal funds ity and jokes. In farm country, manure partment of Agriculture, soil sci- fund 20 percent of education but 80 per- and odor management are profoundly entists, and others have encouraged cent of the problems. If you think our serious challenges that can be miti- that. But there can be odor problems schools are successful, look at our gated through scientific research. I and other environmental impacts. So scores compared to everywhere else in urge the Senator to visit farms in his that is what this research seeks to re- the world. Our scores started going own State. Ask his own farmers and solve. It looks at improving nutrient or down when the Federal Government neighbors about whether it is worth- feed efficiency in swine. This research started getting involved in education, while to conduct research into animal would help the livestock industry not prior. odor and manure management. make better use of co-products from The other assumption is, you have to If I am not mistaken—and I may be— the production of biofuels, which is a have a great building to have a great I believe the attorney general of Okla- growing industry in our State and the education. That is absolutely wrong. homa, a few years ago, brought an ac- Nation. Quite frankly, we can’t feed Education is based on the incentive of tion against the neighboring State of the byproducts to swine like we can the children, the quality of the teach- Arkansas in terms of some of the efflu- cows. They are not a ruminant animal. er, and the control of discipline. You ent coming into Oklahoma and this But this research is looking at how to can teach as well in a Quonset hut as raised questions of manure manage- improve those byproducts for swine— you can the most modern school, if you ment and how it is put on the land and everything from the feed to the byprod- have motivated kids, great teachers, such. That is what this research is ucts and odor—to improve the quality and great control of the classroom. about. Some people living in rural of life for those who live in rural areas. The purpose for trying to eliminate America are concerned about livestock We have had swine odor and manure these earmarks isn’t necessarily that agriculture and its environmental im- management challenges in my State. they are wrong. They are truly unau- pacts. So it makes good sense to fund And not only in Iowa; as chairman of thorized, but that would be a totally research that addresses how rural com- the Agriculture Committee, I have vis- different story if a group of peers had munities and livestock agriculture can ited North Carolina and have witnessed said these are priorities, but they coexist. the same issues there too. So how do haven’t. The problem is, is it a priority I wish to point out this item did not we alleviate this? How do we make it now, when every penny you will use, originate as a congressionally directed possible for a very good industry, the whether it is the new school program earmark. This research unit of the Ag- swine industry, to meet the demand you want me to cosign or the earmarks

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.019 S04MRPT1 smartinez on PROD1PC64 with SENATE S2740 CONGRESSIONAL RECORD — SENATE March 4, 2009 you have in the bill today, is going to marks is to think about the long term 1939 and, with just a little bit more be borrowed from your grandchildren. rather than the short term, to think money, today is going to be used for The very schools you are going to about what is best for our country in another 50 more years for kids. So I build in Iowa, that we are not going to the long term, not what is best for us say, if we are going to borrow from our build in the rest of the country, by and how we look at home, and to do grandchildren, let’s build them better leveraging Federal dollars are going to what is within the framework of the schools so the kids today will be better be charged to the kids of the kids who Constitution. educated and will make more money are there. They are going to pay for it. The final point I will make: Presi- and so our grandchildren will be better It is not about whether it is right or dential earmarks ought to have exactly off. wrong; it is about whether it is a pri- the same dealing as we do with con- Lastly, my friend from Oklahoma ority, whether we ought to be doing it gressional earmarks—get them author- says that better buildings do not lead now. ized, put them in a list of priorities, to better schools. He said: You could The Agricultural Research Service is and then fund them. But do not send an learn in Quonset huts, you could have a a fine organization. Every time we earmark to the floor that is not au- better education in a Quonset hut, I need money for agriculture, we steal thorized by the Congress and the rel- guess, than in some of our better money from the Agricultural Research evant committee it comes through. schools. Well, I do not know how to re- Service. There is nothing wrong with With that, I yield the floor. spond to that. If you have a Quonset studying manure and its application as The PRESIDING OFFICER. The Sen- hut, are you going to have the up-to- both a fertilizer, soil enhancer, and ator from Iowa. date, latest technology in terms of the other things. There is nothing wrong Mr. HARKIN. Madam President, I ap- Internet? Probably not. Are you going with studying the other aspect of the preciate the engagement by my friend to have up-to-date technology in terms odor. We slaughter 10,000 hogs a day in of a science lab? Probably not. Physics from Oklahoma on this issue. But I will one plant in Oklahoma. I know exactly lab? Probably not. Biology lab? Prob- point out, first of all, one little mis- what it smells like. I have traveled ably not. So what kind of education are take I think the Senator might have every farm area in my State. As a mat- you going to get in that Quonset hut? made. The research for the ARS for the ter of fact, to me a lot of it smells pret- If we are sending our kids to school in swine research is well within the au- ty good compared to what you smell in Quonset huts, what are we telling them thorization the Agriculture Committee the cities. But the fact is, is it a pri- about how we value education? I dare- provided in the farm bill. It is well ority that we spend that money now? say the nicest things that our kids within their purview. So it is not out- The real problem we have isn’t ear- should see in their daily lives ought to side their purview whatsoever. Again, I marks. It is two: One is, we give this be where they go to school. They ought document short shrift; No. 2, we have say the reason we put it in there: It has to be the brightest, the best lit, the become parochialized. We forget what been administratively asked for before, best built, with the latest technology, our oath was that we signed when we but the Bush administration in the last with the best teachers and the best ma- came in here, to uphold the Constitu- year did not include it because they terial. Then we are saying to our kids: tion, to do the right things for this wanted to cut down their request, Here is what we value. country as a whole in the long term knowing full well we would probably So I could not disagree more with my and do the best things we can for the fund it, which we have done here. But friend from Oklahoma that kids will future of the children who follow. But I just wanted to point that out. learn as well in a Quonset hut as they what we have turned into is what can Interestingly, the Senator mentioned can in a nice building. All you have to we take home; how do we look good at article I, section 8, of the Constitution. do is look at the test scores of kids home; how do we send Federal dollars Article I, section 8, of the Constitution, from schools that are in areas where home. I would point out, is very clear: they have high property taxes, a lot of The reason the stimulus bill was bad The Congress shall have Power To lay and wealth. Just look at those test scores is because we took the lack of fiscal collect Taxes, Duties, Imposts and Excises, and look at the scores of the kids who discipline in this body and we trans- to pay the Debts and provide for the Defense come from your poverty areas and ferred it to every State house in the and general Welfare of the United rural areas. I do not mean just inner country. Ask any Governor what is States. . .; To borrow money on the credit of the city but rural poverty areas. Look at happening now that we have passed the United States;. . . . their test scores. That will tell you stimulus. The hard choices will not be something right there. Why? They can- Et cetera, et cetera. made in the States. So the future pros- not afford to hire the best teachers. Well, Congress—Congress, it says— pect for fiscal discipline in the States They cannot afford to pay more for has the power and authority to provide is now gone. The next time they have their teachers. They cannot afford to for the general welfare and to borrow problems, they will be counting on us. have the best laboratory and equip- money. I do not like to borrow money We have now transferred our bad habit ment and Internet technology for our more than anyone else. But the Sen- of being fiscally irresponsible to the kids. States. ator from Oklahoma said something So I could not disagree more with my I think it is ridiculous that at this about: Well, the money we are using to friend from Oklahoma. I believe one of time in our Nation, when we are going build these schools is borrowing from the most important things we can do in to have a $1.7 trillion deficit, we would our grandchildren. I cannot think of a the Federal Government is to provide spend the first penny on anything better thing to borrow from our grand- funds for the building and rebuilding other than a necessity because when children than to build better schools. and modernization of our schools all we have a $1.6 trillion deficit, it is not As I pointed out, my father worked on over America. As I said, I am sorry we just $1.6 trillion, it is $1.6 trillion we WPA. I have his WPA card hanging on are not doing it nationwide. We tried, are going to borrow over the next 30 the wall of my office. They built and we will try again. But it is the one years, and we are going to be paying schools all over America, schools which way we can help our local property tax- awfully high interest rates. It is not we are still using today. In fact, one of payers, help our kids—not interfere very long—2015—when we are going to the Iowa Department of Education with what they are taught or how they be at 40 percent of the budget going to grants went to a middle school—it used are taught or what teachers they hire interest. There will not be a Harkin to be a high school—it is a middle or what books they use. Let’s take a school program for Iowa in 2015 because school that was built by WPA and had page from what we did in the 1930s. there will not be any money. We will been in such disrepair, but the building Let’s do it again. Let’s build more not be able to borrow any more money itself was sound. They just had an old schools all over America and make because the interest rates and the cost heating plant. Kids were getting sick. them modern and up to date for our to borrow it will be too high because It was cold and drafty in the winter- kids so our grandkids will have a bet- the rest of the world will doubt wheth- time. They got a grant. They came in. ter life. er we can pay back the money. They put in a new geothermal heating Madam President, I yield the floor. So the prudence I am asking for in system. They put in double-paned win- The PRESIDING OFFICER. The Sen- trying to eliminate some of the ear- dows. Here is a school built by WPA in ator from Michigan.

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.015 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2741 AMENDMENT NO. 610 the corner of Michigan and Trumbull, These are active aids to navigation. Mr. LEVIN. Madam President, right near downtown Detroit. So there The Presiding Officer knows how im- amendment No. 610 would strike from is now a new excitement, not only for portant that is. These lighthouses per- the bill funding for a number of the expectation of sports activities on form a vital function for Maine’s lob- projects. One of the projects which the field, where youth teams will come ster and fishing industries, as well as would be stricken is funding which I re- and play, but also for the adjacent for commercial shipping and rec- quested for the redevelopment of part commercial retail, sports training pro- reational boaters. They are critical ac- of old Tiger Stadium and its ballfield. grams, and other activities that will be tive navigation aids. It is in an economically distressed area attracted to the site. I would also note the American of Detroit called Corktown. I support According to the Housing and Com- Lighthouse appropriation is a direct in- funding of this project from the Eco- munity Development Act of 1974, the vestment in Federal property, a re- nomic Development Initiatives ac- Economic Development Initiatives ac- sponsibility that dates to 1789 when the count. The purpose of that account is count, which this is part of, will ben- first Congress extended Federal fund- for projects such as this. efit persons of low- and moderate-in- ing to lighthouses. This isn’t new. This Historically, old ballparks have been come and may be used for a number of isn’t something the Senators from demolished after Major League teams purposes, including the restoration and Maine dreamed up when we were trying move out. Members of the community preservation of historic properties and to come up with worthy projects. This in Detroit, where I live, recognized the for economic development to improve goes back to the beginning days of our economic development value in old the use of land for residential, commer- Republic. Tiger Stadium and its ballfield, so they cial, industrial, recreational, and other By working in partnership with the formed a nonprofit organization called needed activity centers. This project is Coast Guard, the foundation has been the Old Tiger Stadium Conservancy to what the 1974 act had in mind because able to raise funds from the private help preserve a piece of this part of De- it reuses part of a historic structure sector. Over the past decade, the foun- troit and its baseball history and to which has been sitting vacant for a dation has invested more than $2 mil- help revitalize the economy of down- decade and maintains its historic field lion in restoring lighthouses through- town Detroit, because this is very close as a recreational and commercial cen- out New England, and in the process, to the downtown in an area called ter of economic growth in a low- to saved the Federal Government much Corktown. moderate-income neighborhood in the money by improving these sites with The conservancy has been working city of Detroit. private sector dollars. So this is a won- with the city, which owns the stadium. So I hope this amendment will be de- derful public-private partnership. It is This is a stadium owned by the city of feated. This is an expenditure that the kind of partnership we in Congress Detroit. They worked on a plan to pre- comes from an important fund called like to see and that we promote. serve part of this stadium—the original the Economic Development Initiatives So, again, let me make three points I part of the stadium, which had been account. That fund is going to be spent have to believe that the sponsor of this called Navin Field 140 years ago—and in any event, and I can think of a few amendment was not fully aware of: to do this for a number of purposes; other things which also should come First, that these lighthouses are feder- mainly, so that youth leagues would be out of that account, but this is surely ally owned; they are Federal property. playing on that field. one of them. I hope this amendment is Second, they house within them active That field and that piece of the sta- defeated and these funds are retained. aids to navigation maintained by the dium are a huge magnet for economic I thank the Chair and yield the floor. Coast Guard—the lights, the horn. development. So to preserve that The PRESIDING OFFICER. The Sen- These active aids to navigation are field—that field of dreams—and to re- ator from Maine. used by our fishing industry, our develop that part of the stadium’s Ms. COLLINS. Madam President, I lobstermen, by commercial shippers, structure and the adjacent land and to rise to speak in support of funding in by recreational boaters. These are ac- use the adjacent land for retail shops, this bill for the American Lighthouse tive lighthouses. Third, this is a public- restaurants, and other commercial and Foundation. This allocation was rec- private partnership. The foundation entertainment attractions will bring ommended to the Appropriations Com- raises millions of dollars from private economic activity into a distressed mittee by Senator SNOWE and by me. sources to help restore these light- neighborhood and into the city of De- Now, I can understand why those who houses that contain aids to navigation troit. are unfamiliar with this program used by the Coast Guard. Thus, the Now, it was said yesterday, I believe, might view this as an easy target. That burden is shifted from the Federal Gov- that it did not make sense for this fund is why I have come to the floor to ex- ernment to the private sector, and that to preserve an old stadium we are not plain to my colleagues, who may not be is extremely helpful. going to do anything with. That is just familiar with this program, why it is So I think this is a great example of simply not accurate. There is huge in- important and why it warrants Federal why it is important that those of us terest by developers in this old piece of support. who are sponsoring this funding come Tiger Stadium and the field it is part The nonprofit American Lighthouse to the floor and explain it. I think of. Part of this old stadium has been Foundation in Rockland, ME, partners when that is done, it casts a whole new demolished, demolished by the city, so with the U.S. Coast Guard to protect, light on the purpose of this funding and what is left is a piece of this stadium, restore, and preserve federally owned why it deserves Federal support. essentially between first and third historic lighthouse properties. Let me Madam President, I yield the floor. base. This field and this piece of the repeat that. These are federally owned, The PRESIDING OFFICER. The Sen- stadium is nothing short of an anchor and I wonder if the sponsor of this ator from Hawaii. for the economic development project amendment understands that is the AMENDMENT NO. 623 that will bring much needed jobs to a case. Mr. INOUYE. Madam President, I part of the city that desperately needs The Coast Guard leases lighthouses wish to speak on amendment No. 623, them. The conservancy has already re- to the American Lighthouse Founda- an amendment submitted by the Sen- ceived a number of letters of interest tion in an effort to help support res- ator from Oklahoma, because it is most from local organizations and financial toration because the foundation raises troubling for several reasons. institutions expressing the desire to private funds that help to relieve some First, this amendment presumes participate in the redevelopment, to of the burden that otherwise would fall guilt without the benefit of the full bring commercial operations into the on the American taxpayer. legal process. Second, it presumes that remaining stadium structure and the The three Maine lighthouses that the 14 clients actively or knowingly neighborhood area. will directly benefit from that fund- participated in the alleged activities of For too many years, economic devel- ing—Owls Head, Pemaquid Point, and the firm without any evidence to sup- opment in this area has been stymied Wood Island—are maintained by the port that assumption. Third, the because of the unpredictable status of U.S. Coast Guard as active aids to amendment will punish the clients for what was to happen to this property at navigation. Let me repeat that point. having funds allocated to their projects

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.025 S04MRPT1 smartinez on PROD1PC64 with SENATE S2742 CONGRESSIONAL RECORD — SENATE March 4, 2009 without any knowledge of wrongdoing. meet request funds for projects per- coup funds depending on the cir- Fourth, it makes the assumption that taining to my State of Hawaii. But as cumstances if our legal system deter- Members requested these projects be- do most Members of Congress, I seek mines laws were broken. Funds can be cause of ties to the lobbying firm rath- funding only for ones which I believe rescinded and improper payments can er than because these projects ad- will have the greatest benefit for my be recovered by the agencies involved. dressed the needs of their constituents. State and for its citizens and which Finally, the agencies have their own The last thing we in this body should hold the greatest promise for achieving rules and regulations to follow if they do on matters such as this is rush to a larger national objective. This is believe there is any impropriety in- judgment. Yes, we know the firm was what we were elected to do—to serve volved. We should allow the legal proc- raided by the FBI, and we also know our constituents. ess to work and then assess an appro- the firm is in the process of being dis- Why do we presume guilt in this in- priate response based on the results. banded, but we also know no one from stance instead of innocence? Why do we We should not convict the clients and the firm has been convicted of any assume wrongdoing by clients because Members and enact punishment before crime. In fact, as far as we know, no they hired this lobbying firm? Why we even know whether a crime has one has even been indicted for a crime. should we assume Members requested been committed. Therefore, I urge my Further, there is nothing to suggest funds because of the efforts of the lob- colleagues to oppose this unfair amend- that the clients themselves are being bying firm instead of the merits of the ment. investigated, much less guilty of some programs? I suggest the absence of a quorum. Federal offense. There has been abso- I can’t speak personally of any of The PRESIDING OFFICER. Will the lutely no indication by anyone in- these projects because most of them Senator withhold his request? volved in the actual investigation that were included by the House and agreed Mr. INOUYE. I am sorry. Yes, I with- any of the clients of the PMA firm to by our subcommittees, but I do be- hold. were involved in any illicit activity. lieve most Members act responsibly. I, The PRESIDING OFFICER. The Sen- Under our legal system, everyone is for one, am willing to give the Mem- ator from Kansas is recognized. presumed innocent until proven guilty, bers who sponsored these projects the Mr. BROWNBACK. Madam President, but under this amendment we will pre- benefit of the doubt that they did so I thank my colleague from Hawaii, sume such guilt. We will presume guilt because they believe the projects were with whom I have had the great pleas- even of those who are not under inves- meritorious and worthy of their sup- ure of serving in this body, for with- tigation. It is not the responsibility of port. I am not willing to presume our holding that request. the Senate to presume guilt. That de- Members are guilty of wrongdoing be- I come to the Senate floor today to termination should be left to the cause their constituents hired some address the Omnibus appropriations courts based on evidence presented by lobbyist who might—and I emphasize bill, as well as to address one of the Federal investigators. the word ‘‘might’’—have been engaged major needs of a major industry in our Our ‘‘evidence,’’ however, is based on in some illegal activity. State. press reports. But even in this most Do any of us seriously believe the I would ask my colleagues to think questionable evidence, there has been Members who sponsored these pro- about this for a second: If there was a no assertion that the clients were in- grams in their States and districts did business in the United States they volved in any type of criminal activity so for any reason other than it bene- knew about that contributed annually and certainly none has been accused of fited their constituents or they be- around $150 billion to the U.S. econ- any wrongdoing. Nonetheless, the lieved in the work the clients are en- omy; employed 1.2 million people, amendment would deny funding for gaged in? For every Duke Cunningham mostly in the manufacturing sector of projects included in this bill by Mem- willing to trade earmarks for cash, the economy; is a major export driver bers of the House and the Senate. The there are 534 other Congressmen and with 40 percent of their production—40 projects were approved by the relevant Senators who would never think of percent of this $150 billion going to subcommittees and displayed publicly doing such a thing. I do not believe we overseas sales, contributing to the on the Internet. should impugn the motives of the economy, contributing as a multiplier, Rather than assuming guilt, what we Members who sponsored these ear- and a significant multiplier—to the should assume is that Members who marks, and I can think of no reason to economy, I think most people would asked for these projects did so because do so. say: What is the business and how do they believe they will serve the needs I recognize this is what we call a we support it? How do we move it on of their constituents. We have no infor- tough vote. Many Members might wish forward in these tough economic times, mation that indicates that funds were to vote in favor of this amendment be- if the business is having a great deal of recommended for these programs be- cause they fear the news spot that says difficulty? The one major thing they cause of the efforts of any lobbying they supported crooked earmarks. But are asking from the Government now is firm. We can’t even say with certainty my colleagues should understand if we not to badmouth them, not to talk the funds were included at the behest don’t stand up for this institution—the them down. It is to be positive about of this particular lobbying firm. I Senate—and its Members, no one else this business instead of being down. So would point out that the Senator from will. We should all recognize the next of all the businesses we have coming to Oklahoma must also not be so sure time this could be your earmark or us asking for money, for support and since he has modified his amendment mine. You could be the one standing on grants and these sorts of things, we to remove one of the projects which he the Senate floor forced to defend your- have one that is a major industry, an originally had on his list. self because someone is accused of exporter, and a major manufacturer. Are we seriously considering voting wrongdoing, even though that matter They want us not to badmouth them to cut funds for projects because we is completely unrelated to your behav- anymore. We should be able to comply think they might—they might—have ior. with that request, and we ought to. been related to a firm which is under This is actually a simple matter. I am talking about the general avia- investigation, even though the There is no evidence to support wrong- tion industry, which is this $150 billion projects’ advocates are not under in- doing by the Members involved. There industry, flying 1.2 million people, pri- vestigation? is no evidence to suggest these projects marily in the manufacturing sector. It As do many of my colleagues, I meet are not meritorious. There is no evi- is a major exporter that is growing but with lobbyists every year—dozens of dence to suggest the clients who en- is having enormous difficulty in this them. They seek hundreds of millions gaged in these projects did anything economic and global climate because of dollars in earmarks in appropria- wrong. so much export was going overseas. tions bills. I am not the only Member Finally, we cannot be certain anyone Federal officials are making fun and in this situation. Incidentally, the firm engaged in any wrongdoing. This saying people should not fly on these is not a Hawaiian firm, although the amendment sets a course down a slip- business aircraft; they should not use projects involved are Hawaiian. For the pery slope that is unnecessary. Federal these things. They are making it a most part, the lobbyists with whom I laws already provide remedies to re- matter of derision.

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.026 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2743 The industry is simply asking us not see this. Behind every discussion, you the bottom of national assessment in to do that; help us out, don’t talk us have the people who make the aircraft. the Nation. Recent data shows that 69 down, don’t hurt us. The industry is ap- Most people who see this aircraft prob- percent of fourth graders in the DC preciative of the bonus depreciation ably say there is probably somebody public schools are reading below basic that was put in the stimulus package, well-to-do inside. But more likely it is levels. DC students ranked last in the and I am also appreciative of that. I an engineer, a salesperson or a techni- Nation in both SAT and ACT scores. hope it can help. It doesn’t help when cian. These are the people building it. Forty-two percent of DC students drop the President and others say people are This is a Hawker 4000. It is a great air- out of school compared to 31 percent disappearing on private jets and flying craft that came out. I will show an- nationwide. around the country. other aircraft. These are made in Wich- People fudge with figures and say it I think it is helpful to present a few ita, with a lot of suppliers from the en- doesn’t mean this or that, but what facts on the actual situation and say tire region and the country that are you have are 1,700-plus students who who actually uses business aircraft and going into making these aircraft. have opted to use a scholarship to get where they go. Eighty-six percent of These are some of the volunteers, the into a private school that they are very the passengers on business aircraft are employees working here, volunteering happy with, that they are performing not company senior officials but in- in the community and this is from the well in, and that the parents are happy stead are mostly midlevel employees, Christmas season and this is soccer. with, rather than the DC Public School including salespeople, engineers, and Here are some of their products. I will System that, by and large, is not serv- other technical specialists. These com- show another one as well, so people can ing students well, and the longer you panies have operations in a number of get an idea of who all is involved in stay in that system, the poorer you are different places. They can’t get into this picture. This is the rollout of an doing. Most representatives, Congressmen convenient commercial airports, and aircraft, a Cessna. This is the celebra- and Senators, who have children and they use business aircraft to get these tion of the rollout of the first Sov- grandchildren in DC don’t send their people back and forth between various ereign jet. You can see in the picture children to public schools. As a matter sites very efficiently. the people involved in this. of fact, I don’t know if anybody in this A lot of my colleagues don’t realize I hope my colleagues will take note body does. Yet we consign people who there are some 5,000 airports nation- that when they use a cheap shot to say don’t have the income ability to get wide, but only 500 are served by com- we should not have these guys using out of the DC public system into a mercial airlines. So 10 percent are business aircraft, 90 percent of your school system that has failed students. served by commercial airlines and the airports would not be accessible if peo- A number of efforts are being made to other 90 percent are not. How do you ple were not using these. These are ex- change this system. I applaud the ef- get in and out of all the other 90 per- perts getting to various operations. forts by the mayor’s office and the su- cent, other than by using business air- The corporations would be far less effi- perintendent of schools, Michelle Rhee. craft—whether it is propeller or jet? cient, and they would lose the connec- But if you are in the system, these They are what ends up connecting a lot tion for people to be able to make it to changes are taking time to make and of people on a rapid basis throughout medical services that are critical in you don’t have time when you are the country. That is important for peo- some places in the country. There is a going through the first, second, third, ple to realize. Without the use of a lot lot of good this business does, and it is and fourth grades. Each year you are of business aircraft, you are going to a business dominated by the United losing ground. have much more inefficiency in compa- States. We need to support it, not hurt Here is a group of students who have nies, a lot more difficulty getting peo- it. found a way to get into a better situa- ple from point A to B. Finally, on an amendment I hope tion. We should not take that away. It In a lot of cases, you have emergency comes up on a separate issue in the om- is wrong for us to take that away. I situations where you have business air- nibus bill, there is a sunsetting of the know they believe it is wrong to take craft moving people who are very sick DC scholarship program. I raise the that away. I urge my colleagues to not from one place to get them to a critical point to my colleagues that this has let this program be sunsetted but to re- hospital; it gives them access. Behind been a very successful program, with a establish it. I would like to see it ex- all this and the numbers I am talking strong support base from the people panded so more students could take ad- about, you have a bunch of people who are using it and a desire to con- vantage of it as well. working for these companies. tinue to use it. I think we ought to I yield the floor. I will show you some pictures of peo- continue it rather than sunset this par- The PRESIDING OFFICER. The Sen- ple in my State. I am proud of the ticular program. ator from Hawaii is recognized. work they do in business aircraft. This In the omnibus bill, the opportunity AMENDMENT NO. 608 is King Air by Beechcraft. The assem- scholarship program is sunsetted un- Mr. INOUYE. Madam President, may bly line is back here. I have been in less there is reauthorization that takes I associate myself with the comments these factories a number of times. It is place. Hopefully, that will occur this of the chair of the Commerce, State, an interesting and cool business. It is year, and reauthorization will occur. Justice Subcommittee regarding the one a lot of places around the world are Listen to who is participating in this amendment proposing an earmark for trying to steal from the United States. program, and if it is sunsetted, who the Emmett Till Unsolved Civil Rights The Japanese, the Brazilians, and cer- cannot continue to participate. The av- Crime Act. tainly the Chinese are trying to take erage annual income of the people par- Make no mistake, no one in this this manufacturing business from the ticipating was around $22,800, far below Chamber is interested in denying fund- United States. We are the center of the eligibility level for this program, ing to resolve unsolved civil rights business aviation and of the construc- which is 185 percent of the Federal pov- cases—no one. But what we are inter- tion of these planes for the world. As erty level or $39,000. The actual number ested in doing is passing this bill as you might guess, it is a high-wage, is $22,736, and that is the average an- quickly as possible, so that the Depart- high-skill manufacturing field. It is a nual income of the people partici- ment of Justice has the necessary and great business. Consequently, you have pating. Just over 1,700 students are par- adequate funding to pursue these cases. a number of other competitors trying ticipating in the program. They are This amendment slows down that to break into this field at the same trying to get into schools that are bet- process. This amendment earmarks $10 time our Government is talking down ter for their kids because the DC Pub- million with existing funding for the this business in the United States. The lic Schools have not served them well. Weed and Seed Program, which is an workers in my State who are making The DC Public Schools’ per pupil ex- authorized competitive grant program these great quality aircraft are saying: penditure is the highest in the country under title I of the Omnibus Crime and Just don’t talk bad about us. at $15,000. The DC class size is one of Control and Safe Streets Act, which I have some other pictures I wish to the lowest in the country; it is a 14-to- funds communitywide strategies to re- show you of other people in this busi- 1 student to teacher ratio. Yet reading duce violent crime, drug abuse, and ness. I want individuals to be able to scores continue to languish near or at gang activities.

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.028 S04MRPT1 smartinez on PROD1PC64 with SENATE S2744 CONGRESSIONAL RECORD — SENATE March 4, 2009 This authorized program has nothing percent unemployment at this time. If He says there is money in the bill for to do with resolving unsolved civil we go backward, as Senator MCCAIN is the Great Park in Orange County. But rights cases. Yet this amendment takes suggesting, and other colleagues, if we what he doesn’t say is there is funding almost half the funding in one author- go backward to the continuing resolu- in here, and it is not that much funding ized program designed to combat vio- tion approach where we ignore every- compared to a lot of these items— lent crime and gang activities and ear- thing that has happened, then we have $475,000 to restore the El Toro Marine marks it for a different program that a budget for this year that is irrelevant Corps Air Station hangar No. 244. This already has millions in funding avail- in many aspects. hangar was opened in 1943 to house air- able for this effort. Why do I say that? In this particular craft during World War II. The hangar I am confident this administration’s omnibus bill—which I am sure has is being renovated. It is being turned Department of Justice will be using its flaws, because nothing in life is per- into a military history museum and a resources to solve as many of these fect—we do address the housing crisis. welcoming center for the park. cases as possible. In this omnibus bill, we do give the This particular $475,000 is not going The Department of Justice has at its SEC, the Securities and Exchange for anything other than the renovation disposal $123 million provided for the Commission, the funding it needs to of this hangar to bring it back to life, Civil Rights Division, $151 million in move against these Ponzi schemes and to serve as a tribute to our veterans funding to reduce the backlog of un- these frauds that are being perpetrated and to their military service. It will be tested DNA evidence, and $30 million on the people. In this bill, we do more on the site of what used to be a leading for State and local governments to in- for education. We do more for health military installation on the west coast. vestigate and prosecute civil rights care. In this bill, we step up to the best Millions of U.S. military personnel violations. of our ability to address some of these during World War II, Korea, Vietnam, These are just a few of the many au- problems. and the Cold War passed through El thorized civil rights-related programs We know that if any of these amend- Toro. This base reuse project honors for which the subcommittee chair has ments are adopted, it is going to weigh our military history and the service provided increased funding for the fis- this bill down because the House has and the sacrifice of our military men cal year 2009. acted and said basically: This is last and women. This is not the first time my Repub- The best way to fund initiatives of year’s business; we don’t want to get lican friends have gone after veterans. the Emmett Till Unsolved Civil Rights bogged down with it. Either take it or I had another funding request. We were Crime Act is to pass this measure—the leave it. That is where we are. able to win that one, and we will win underlying measure—now and send it As I have said often on this floor, we this one, too. I believe it. They were to the President for his signature. The usually do not have a chance to get the going after a program to help disabled amendment of the Senator from Okla- perfect bill around here. It is very dif- veterans get back to a normal life. homa detracts from that effort, while ficult to get the perfect bill, unless They actually did that. But we beat providing no overall benefit. each of us wrote it his or her own way. them then, and we will beat them now. I yield the floor and suggest the ab- Then it would be perfect for us. The hangar needs a number of repairs sence after quorum. Clearly, there are issues with this and upgrades to make it suitable for The PRESIDING OFFICER. The bill. But I want to say again, if you public use. This deals with the upgrade clerk will call the roll. were sitting with your family and you of electricity, fire safety systems. And The assistant legislative clerk pro- went back to last year’s budget and all 100 jobs will be created. Not bad. Mr. ceeded to call the roll. of a sudden you realized that in the President, 100 jobs will be created Mrs. BOXER. Mr. President, I ask last 12 months, things had radically through the rehab of this building, and unanimous consent that the order for changed in your family—let’s say you another 10 to 20 full-time jobs will be the quorum call be rescinded. had a child who got sick with a terrible created to staff the facility when it is The PRESIDING OFFICER (Mr. disease, let’s say that your grandma built. CARDIN). Without objection, it is so or- had to go into a nursing home and she Here is the thing. Orange County, in dered. needed certain things—you would real- which this particular project resides, is Mrs. BOXER. Mr. President, I think ize that last year’s budget does not fit a Republican county. Registered Re- it is a good time to take stock of where what your requirements are. You publicans outnumber registered Demo- we are on this bill and to give my would have to address your child’s crats by 235,000 voters, and they voted thoughts and feelings to my colleagues health, your grandma’s situation to be for this project 58 to 42 percent in an on why it is so important to get it done relevant for the year. election where 500,000 votes were cast. and move it swiftly. It doesn’t always mean spending Yet I have a Senator who comes on the The bill that is before us is unfin- more money. I am not suggesting that floor and tries to say this is some frivo- ished business. It is an Omnibus appro- at all. But this omnibus bill does re- lous, horrible project. I resent it, and priations bill that finishes up the fund- spond to the needs of our people. Put so do the veterans resent it. ing for this year. The reason we are in that together with the stimulus bill, I ask unanimous consent to have this situation is for a variety of rea- which is finally beginning to bear fruit printed in the RECORD a series of let- sons, including an election, and the ap- out there—and I am excited about it ters from veterans very concerned propriations bills did not get done. because we are starting to see the fund- about Senator COBURN’s amendment. Some of them did, but most of them ing flow to our States, we are starting There being no objection, the mate- did not get done. This bill wraps them to see people get back to work. Once rial was ordered to be printed in the up in a package, and here is where we we do this, it is another boost to the RECORD as follows: are. We have two choices: Either we people of our great country. MARCH 3, 2009. pass this bill the way it is or we go These amendments that are coming Senator BARBARA BOXER and MEMBERS OF back to the continuing resolution at us at the end of the day, I believe CONGRESS. which takes us back a year and a half many of them are meant to weigh this DEAR SENATOR, I am taking this oppor- ago. bill down, to take this bill off course. I tunity to formally thank you for all the suc- It is very important for us to con- cess Orange County has experienced with the am going to talk about a couple of redevelopment of the former Marine Corps sider that point because a year and a those amendments. Air Station El Toro. If you had not taken a half ago, life in America was very dif- Senator COBURN has an amendment leadership role in helping the Orange County ferent. A year and a half ago, we were for he says, the worst projects in the voters decide the future of the surplus mili- not in the jam we are in now economi- world—whatever he calls it. He is going tary property at El Toro, I am certain our cally. We did not see homes being lost after them. And one of those projects aspirations for a Great Park at the site at such a rapid rate. We did not see un- that he picks is one I was proud to get would not have materialized. Now, as the Orange County Great Park employment figures going into the dou- in here. So I want to talk about it be- Corporation’s lead sponsor for the develop- ble digits in some of our States, includ- cause I am proud of it. The way Sen- ment of a heritage museum honoring the ing California, which I am so proud to ator COBURN describes it, you wouldn’t contributions of our community to the de- represent, my State. But it has over 10 know what I did. fense of this great country, I must seek your

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DAVE RISTOW, He says: The veterans and civilian employees who Chief Financial Offi- worked, transited, or were stationed at cer, KSS Retail On October 2, 2008, the Orange County MCAS El Toro would be the primary bene- Great Park Corporation conducted an ‘‘El ficiaries of your successful efforts. We will LTCOL CLIFTON WALLACE USMC (RET), Toro Homecoming’’ event which honored incorporate the restoration of the subject Irvine, CA. veterans from World War II that were sta- tioned at [this base]. Several hundred WWII buildings into an education program for Re: MCAS El Toro Hangar #244. local students—least we allow history to be veterans attended this historically impor- MEMBERS OF CONGRESS: I would like to tant and emotional tribute conducted in forgotten. publically add my emphatic support for the My heartfelt request comes to you not Hangar 244 resulting in rich memories and project to renovate Hangar 244 at the former only from a retired U.S. Marine Corps avi- moving stories by the men and women who Marine Corps Air Station El Toro, California ator, citizen activist with a twenty year ex- served our nation during this time of great now the Orange County Great Park. I served perience defending the voters rights to de- need. I strongly encourage support for the as a pilot at MCAS El Toro from 1977 until I cide the former MCAS El Toro’s final design Hangar 244 renovation project and strongly retired from the Marine Corps in 1999 and and use, but, also from my experiences as a request that the funds [be there]. feel it is extremely important that Hangar Director at the Orange County Great Park 244 be renovated and restored to its histor- That is one. And this goes on veteran Corporation and as a Commissioner of the ical condition. after veteran. Senator COBURN comes California State Parks and Recreation Com- Hangar 244 is an original hangar from the to the floor and talks about the Great mission. 1940s and the last remaining historic hangar Park and the free balloon rides that Our heritage museum needs your resolute at the Great Park. It must be renovated and the kids have there. What does that support at this critical point in time. Please preserved to not only preserve the building present this message to your fellow member have to do with this line item that but also the heritage of five decades of serv- turns this hangar into a museum for of Congress. ice to our nation’s defense. The Great Park Respectfully, intends to build an aviation/heritage mu- those who put their life on the line? I ILLIAM GUSTAV W seum at the site and Hangar 244 will be a his- will say, Senator COBURN has gotten KOGERMAN, toric center piece for this new museum. them so riled up and so worked up and LtCol USMC (Ret); Di- On October 2, 2008, the Orange County so upset. For what reason? None that I rector, Orange Great Park Corporation conducted an ‘‘El can see. County Great Park Toro Homecoming’’ event which honored So here is a circumstance where we Corporation; Com- veterans from World War II that were sta- missioner, State have a line item our veterans want. tioned at MCAS El Toro. Several hundred One of them talks about visiting Eu- Parks and Recre- WWII veterans attended this historically im- ation Commission. portant and emotional tribute conducted in rope and saying how much more the Hangar 244 resulting in rich memories and Europeans have preserved these memo- MARCH 3, 2009. moving stories by the men and women who ries of their fighting men and women Re: Renovation of Hangar #244 at MCAS El served our nation during this time of great compared to our country and he begs Toro. need. I strongly encourage support for the Senators not to strip this out. MEMBERS OF CONGRESS: I have recently Hangar 244 renovation project and strongly Here we have a circumstance where been informed that funding for the renova- request that funds for this project be re- Senator COBURN is saying I have a line tion of hangar 244 at the Great Park has been stored. item that is about ‘‘the Great Park,’’ Semper Fi, withdrawn. This is a travesty. MCAS El Toro but he does not say what the purpose of once stood as an American symbol of free- CLIFTON WALLACE. dom, providing a sense of security and an the line item is: to restore the hangar abundance of opportunity for surrounding COL THOMAS Q. O’HARA USMCR (RET), and turn it into a military museum communities. It would be a shame to allow Lake Forest, CA. and a visitor center to celebrate those the last remaining hangar standing at the CEO Orange County Great Park, who have given so much to our Nation. Great Park to fall rather than serve as a re- Irvine, CA. Then we have another amendment by minder of the service this once great post SIR, I would like to express my whole- Senator MURKOWSKI. What she wants to served to the residents of Orange County and hearted support for the renovation of hangar do is go back to the bad old days of the Southern California. #244 at the former Marine Corps Air Station Friday night midnight rules that the I strongly support the renovation of hang- El Toro, CA now the Orange County Great ar #244. Park. I served at MCAS El Toro in the 1960s, Bush administration took at the very JOHN ROTOLO, 1970s, 1980s, and 1990s and feel it extremely end of their days here. The midnight GySgt USMC (Ret). important that hangar #244, an original rules were put in place and ran rough- hangar from the 1940s, and the last remain- shod over the rights of the public to Both while in the military and since, I ing historic hangar at the Great Park be ren- participate in the rulemaking process. have traveled abroad. As a nation, we have ovated and preserved to not only preserved The language in the bill goes back to done very little relative to our European the building but also the heritage that over the status quo ante. In other words, it counterparts to preserve historic treasures. five decades of service to our nation is rep- goes back to before the Bush adminis- This persistent desire to upgrade and update resented by that last hangar. The Great Park leaves our society at a historical disadvan- intends to build an aviation/heritage mu- tration issued its midnight rules. tage. Our society quickly forgets our roots seum at the site and hangar #244 will be a On December 11, 2008, almost 35 years and those who have fought to preserve them. historic center piece for the new museum. I to the day after the Endangered Spe- As a result, the patriotic nature of our soci- strongly encourage support for the renova- cies Act became law, and after the Re- ety has been damaged because we’ve under- tion project and hope funds for this project publicans lost the election, the Bush funded the preservation of sites such as are restored. administration issued a midnight rule Hanger #244. Semper Fi, which allows Federal agencies to de- This past January, I was in the UK and vis- TOM O’HARA. cide unilaterally that consultations ited Winston Churchills’ Museum and Cabi- Mrs. BOXER. Mr. President, here is net War Rooms (http://cwr.iwm.org.uk/). This with the U.S. Fish and Wildlife Service is a fine example of how preserving historic one letter. It is to Members of Congress or the National Marine Fisheries Serv- military locations can communicate to the signed ‘‘Semper Fi, Clifton Wallace.’’ ice are not necessary when there is any masses, the greatness of the military and its He is a retired marine. He says: type of development proposal. That ability to produce such leadership. The peo- I’d like to publicly add my emphatic sup- midnight rule made a mockery of the ple that I was with that day expressed great port for the project to renovate Hangar 244 process we are supposed to follow. pride in their country, what they stood for at the former Marine Corps Station El Toro, According to press reports, a Depart- and the military’s accomplishments. California now the Orange County Great As a former Sergeant in the USMC sta- Park. I served as a pilot . . . from 1977 until ment of Interior e-mail indicated the tioned at MCAS Tustin, I had spent consider- I retired in 1999 and feel it is extremely im- Fish and Wildlife Service received able time at MCAS El Toro. Geographically, portant that Hangar 244 be renovated and re- 300,000 comments on the proposed rule. I would suggest that MCAS El Toro’s loca- stored to its historical condition. The agency reviewed 200,000 of these

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.011 S04MRPT1 smartinez on PROD1PC64 with SENATE S2746 CONGRESSIONAL RECORD — SENATE March 4, 2009 comments in 32 hours. This is an aver- polar bear. Oh, no, the Bush adminis- down, and I hope we will vote down the age of 6,000 comments every hour. Let’s tration said, we are going to deny key Murkowski amendment because if you face it, Mr. President, I don’t care how protections for the polar bear under vote for her amendment, friends, what many people you had looking at these the Endangered Species Act. So they you are saying is the process should be comments, it is not possible that they unilaterally decided by a rule that the truncated; that it doesn’t matter who could have reviewed the outcry from only thing that will apply to the polar the President is—President Obama. all over the country. bear is marine mammal protection, not In other words, if you vote for this as Now, who agrees with me? Dozens of the Endangered Species Act, and the a process, you are saying to this new groups. I am going to read some of the Bush administration put in this special President: Well, we support your being groups that said: No, don’t do this. Yet rule without any notice or comment. able to just decide whatever you want; they did it anyway: They simply decided they wanted to to ignore the public comments, ignore The Audubon, American Rivers, Arizona eliminate the ESA’s protections for the the scientists; just get up and do what- Wilderness Coalition, Californians for West- polar bear, and once again they ran ever you want at midnight. I think ern Wilderness, Center for Biological Diver- roughshod over the process. that is wrong, and I don’t care if the sity, Defenders of Wildlife, Endangered Spe- So in this omnibus bill, this is all we President is Republican or Democrat, cies Coalition, Friends of Red Rock Canyon, do. We say let’s go back to regular we shouldn’t do it that way. It isn’t the Friends of the Missouri Breaks Monument, order. Let’s go back to the status quo Grand Canyon Wildlands Council, the Trust right way to do it. for Public Land, the Wilderness Society, ante. Let’s go back to the way it was So I hope we will take a stand Union of Concerned Scientists, World Wild- before these midnight rules were against that kind of government, and I life Fund, Partnership for the National passed. I am very disappointed we have hope we will take a stand in favor of Trails System, Natural Resources Defense to vote on this because I think it is a my veterans. I hope we can, in fact, Council, Oregon Natural Desert Association, matter of common sense and pride in pass this bill and get on with our busi- National Trust for Historic Preservation . . . the place we work. We need to follow a ness because the option is to go back to I am not reading them all, Mr. Presi- process. a bill that was written—basically, it dent, so I ask unanimous consent to It has nothing to do with how one goes back to the old budget, before we have printed in the RECORD the entire feels about the polar bear. Frankly, I had all the problems we have now. I list. am heartbroken when I see what is think it is looking backwards. I think There being no objection, the mate- happening to the polar bear. Other peo- it is putting our government in reverse rial was ordered to be printed in the ple may not be moved by it, may not be at a time when we need to move for- RECORD, as follows: touched by it. But it doesn’t matter ward with confidence. I believe passing Audubon, American Rivers, Arizona Wil- how one feels about the polar bear. this bill is an important part of what derness Coalition, Californians for Western What matters is that we stand for the we need to do this week. Wilderness, Center for Biological Diversity, laws we passed in this great country Mr. President, I yield the floor. Cienega Watershed Partnership, Defenders of under Republican and Democratic ad- The PRESIDING OFFICER. The Sen- Wildlife, Earthjustice, Endangered Species ministrations, and the Endangered ator from Arizona. Coalition, Friends of the Agua Fria National Monument, Friends of Red Rock Canyon, Species Act was one of those. If we see AMENDMENT NO. 623 Friends of the Desert Mountains. it isn’t working, we can take steps, but Mr. MCCAIN. Mr. President, I rise to Friends of the Missouri Breaks Monument, let’s not shortcut the process. So I briefly discuss the amendment that has Friends of the Sonoran Desert National hope we will oppose the Murkowski been proposed by the Senator from Monument, Grand Canyon Wildlands Coun- amendment. Oklahoma, Mr. COBURN, to prohibit cil, Grand Staircase Escalante Partners, Again, not everybody will agree with funding for PMA-related earmarks. Idaho Conservation League, International me the polar bear deserves protection A lot of Americans don’t know who Dark-Sky Association, League of Conserva- under ESA. Not everybody will agree tion Voters, National Parks Conservation PMA is, Mr. President. In fact, I didn’t Association, National Trust for Historic with me that before a permit is granted until recently, but it is very inter- Preservation, National Wildlife Federation, there ought to be consultation with esting. The Coburn amendment, by the National Wildlife Refuge Association, Nat- Fish and Wildlife. Frankly, I think way, would strike 13 projects where ural Resources Defense Council, Oregon Nat- that is a very modest and moderate po- funding is directed to clients of the ural Desert Association. sition to take and a commonsense posi- PMA Group, a lobbying firm currently Partnership for the National Trails Sys- tion. But don’t support an amendment under Federal investigation for corrup- tem, Rincon Institute, San Juan Citizens Al- which just says: To heck with what the liance, Scenic America, Sierra Club, Sky Is- tion. land Alliance, Snake River Raptor Volun- public says. We don’t care. It doesn’t Today, we have before us a massive teers, Soda Mountain Wilderness Council, matter. Cut it short. Remove the En- omnibus spending bill totaling nearly Southern Utah Wilderness Alliance, The dangered Species Act. Remove the con- $410 billion that contains over 9,000 ear- Trust for Public Land, The Wilderness Soci- sultation process. That is not a way to marks. Perhaps even more troubling ety, Tuleyome, Union of Concerned Sci- go, and especially for the Bush admin- than the number of earmarks is to entists, World Wildlife Fund. istration to do it after the election, on whom and how some of this funding is Mrs. BOXER. Mr. President, you have one of those late-night announcements. being directed. Contained within this the Bush administration, after they Let’s give this administration a chance legislation are 13 earmarks totaling lost the election, take this step, not to take a look at both of these rules, over $10 million directed to clients of even looking at the peer-reviewed sci- take a look at making sure the sci- the PMA Group. entific evidence. The CRS—the Con- entists are listened to, the public is lis- Mr. President, the PMA Group is a gressional Research Service—said tened to. lobbying firm that was recently forced there appears to be little additional So, again, in closing, I want to say to close its doors after the home of its protections by this act. this in summing up. Senator COBURN owner and offices were raided last No- So they had two of these midnight has attacked the veterans in my State vember by the FBI for suspicious cam- rules. One dealt with the consultations by calling a line item in this bill one of paign donation practices. That inves- they are supposed to have with envi- the worst projects in this bill. He actu- tigation continues to this day. ronmental agencies before permits are ally did. The veterans in my State are Well known for its deep ties to Cap- given; the second one had to do with up in arms, and I put the letters in the itol Hill, the PMA Group has a long the polar bear. The Bush administra- RECORD and I hope we will vote against and lucrative history for securing ear- tion determined that the polar bear is the Coburn amendment. The way he marks for its clients, including ap- a threatened species, and we all know, has presented it is so unfair to my vet- proximately $300 million in the fiscal just from a little bit of reading or erans. He talks about free balloon rides year 2008 Defense appropriations bills— watching TV, that the polar bear is en- and the Great Park. The funding here none of them authorized, by the way— dangered or, I would say, certainly is simply to refurbish a historic hang- $300 million. threatened because the ice habitat is ar, the only hangar at El Toro that can There have been many accusations melting literally under their feet. The be preserved to remember these vet- against the PMA Group, including Endangered Species Act applies to the erans. So I hope we will vote that using straw donors to further spread

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.032 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2747 their wealth to curry favor with influ- in reports to the Federal Election Commis- 19 noted another curious statistic from ential Members of Congress. A Feb- sion. the PMA Group’s financial disclosure ruary 14, 2009, Washington Post article ‘‘It’s up to the campaigns to report con- forms. Somehow during the course of tributions in their FEC filings,’’ said PMA examined campaign contributions re- spokesman Patrick Dorton. the last four election cycles, PMA’s po- portedly given by members of the PMA FEC spokeswoman Mary Brandenberger litical action committee reported ex- Group and found ‘‘several people who said she has not often seen such penses of $18. Now, I have heard of busi- were not registered lobbyists and did misidentified donations, but if a complaint nesses trying to cut overhead costs, not work for the lobbying firm,’’ in- were received, the commission would first but spending $18 over 8 years doesn’t cluding a 75-year-old California man question the campaign about its record- pass the smell test. keeping. I don’t use the word ‘‘corruption’’ who, despite being listed in financial Jan Witold Baran, a campaign finance and disclosure documentation as a donor ethics expert and Wiley Rein lawyer, said the lightly, Mr. President. I don’t. But we and PMA employee, had never even errors pose serious questions and should be have seen the abuses of the appropria- heard of the firm. cleared up. tions process before, and we obviously Mr. President, I ask unanimous con- ‘‘It’s true that candidate campaigns have haven’t learned. Whether it was Jack the responsibility for disclosure, but the in- sent to have printed in the RECORD Abramoff bilking millions of dollars formation they obtain usually comes from that complete article. from numerous Indian tribes or Duke the contributor or the person who solicited Cunningham steering high-value de- There being no objection, the mate- from the contributor,’’ Baran said. ‘‘The rial was ordered to be printed in the question is: Where did that information fense contracts to firms that curried RECORD, as follows: come from?’’ his favor through bribes and extrava- [From the Washington Post, Feb. 14, 2009] Murtha aide Matthew Mazonkey said the gant trips around the world, we have a congressman was not the recipient of the er- broken system that breeds this sort of DESPITE LISTING, DONORS DON’T WORK FOR roneous donations. behavior. FIRM BEING PROBED PMA, founded in 1989 by Magliocchetti, a Let me remind you there are former (By Carol D. Leonnig) former Murtha aide to the House Appropria- Members of Congress and staff mem- Marvin Hoffman is listed in campaign fi- tions Committee, has enjoyed a high success bers who now reside in Federal prison. rate in winning earmarks for its clients, nance records as one of the many lobbyists The allegations against the PMA with the powerful PMA Group donating which include such major defense contrac- money to lawmakers. But Hoffman is a soon- tors as Lockheed and General Dynamics. Group are serious and troubling, and to-retire information technology manager in PMA also represents a circle of lesser-known we in Congress should treat them as Marina del Rey, Calif., who has never heard but also successful contractors such as such. How in the world do we approve of the Arlington lobbying firm or the Indiana Argon ST, MTS Technologies, DRS Tech- 13 earmarks that were obtained by a congressman to whom he supposedly gave nologies and Advanced Acoustic Concepts. group that has been raided and shut $2,000. Many PMA clients have opened offices in down by the FBI? How do we tell the ‘‘It’s alarming that someone is stealing my Murtha’s western Pennsylvania district, do- American people we did such a thing— nated generously to him, and received mil- identity somewhere,’’ Hoffman, 75, said in an $10 million and over $300 million in last interview. ‘‘I’ve never heard of this com- lions in earmarks requested by the congress- man. year’s Defense appropriations bill? pany.’’ Mr. President, the American people, Another contributor listed as a PMA lob- In the last election cycle, PMA and its cli- byist is, in fact, a sales manager for an in- ents donated $775,000 to Murtha’s campaigns. sooner or later, are going to hold us ac- flatable boat manufacturer in New Jersey. Last year, those clients received earmarks countable. Why should we approve ear- John Hendricksen said he did make cam- worth $299 million and arranged by Murtha marks from an organization that is paign donations but never worked at PMA and his colleagues. clearly in violation of numerous laws, The majority of PMA’s 35 lobbyists had and does not know how he ended up listed in worked on Capitol Hill or at the Pentagon. including having the FBI raid them records that way. Several of the top lobbyists were also PMA and shut them down? They have all These errors, along with other unusual do- directors and had ties to lawmakers. said they are no longer in business any- nations linked to the firm, come as the Jus- Two men listed in campaign finance re- more, and clearly there are people list- tice Department examines allegations that ports as together giving $30,000 to lawmakers ed in campaign finance reports—and I PMA may have violated campaign finance and being part of the PMA Group team are laws. The offices of PMA, which ranked last will quote again from the Washington not Washington lobbyists at all. They live Post article: year as the 10th-largest Washington lobbying and work in the Florida resort community of firm by earnings, were raided in November Amelia Island, where PMA founder . . . giving $30,000 to lawmakers and being by FBI agents and Defense Department in- Magliocchetti has a beachfront condo- part of the PMA Group team are not Wash- vestigators. minium. Both are listed as directors of PMA. ington lobbyists at all. They live and work Federal investigators are focused on alle- John Pugliese had been a sommelier at the in the Florida resort community of Amelia gations that PMA founder Paul posh Ritz-Carlton Hotel on the island, his Island, where PMA founder Magliocchetti Magliocchetti, a former appropriations staff- family said. Jon C. Walker is in charge of has a beachfront condominium. Both are er close to Rep. John P. Murtha (D–Pa.), may golf marketing at the neighboring Amelia Is- listed as directors of PMA. have reimbursed some of his staff to cover land Golf Club, according to club personnel And the article goes on and on, Mr. contributions made in their names to Mur- and its Web site. They each donated iden- President. tha and other lawmakers, according to two tical amounts to the same lawmakers, in 12 ″John Pugliese had been a sommelier at sources familiar with the investigation. PMA installments each, almost always on the the posh Ritz-Carlton Hotel on the island,’’ has long had a reputation for securing ear- same date. his family said. John C. Walker is in charge marks from congressional appropriators, Walker and Pugliese did not return re- of golf marketing at the neighboring Amelia particularly for defense contractors, and it peated phone calls and messages. Island Golf Club, according to club personnel Pugliese is listed as a PMA Group ‘‘asso- has donated generously to influential mem- and its Web site. They each donated iden- ciate,’’ and Walker is a PMA Group ‘‘consult- bers of Congress. Magliocchetti personally tical amounts to the same lawmakers, in 12 gave $98,000 in campaign donations last year, ant’’ in finance records. Rebecca DeRosa, who is listed as a part- installments each, almost always on the according to campaign records. same date. Federal election laws limit the amount of time accountant at PMA and director, re- cently married Magliocchetti and has given I will talk some more about this be- money individuals may contribute to can- fore this is over because the American didates, but lobbying firms often show their generously on PMA’s behalf for several clout by collecting and bundling contribu- years. Last year alone, she personally gave people are beginning to figure it out. tions. It is illegal for employers to reimburse $73,000 to lawmakers and congressional polit- The American people are rising up in donors for their contributions. ical action committees, records show. For strenuous objection to this kind of The Washington Post examined contribu- most of those donations, she is listed as a process, with 9,000 porkbarrel earmark tions that were reported as being made by PMA employee. Her donations included projects on them. Some of them are of PMA employees and consultants, and found $22,000 to the Democratic Congressional value. Some are not. We do not know several people who were not registered lob- Campaign Committee and $4,250 to Rep. James P. Moran Jr. (D–Va.). because it did not go through the au- byists and did not work at the lobbying firm. thorization process these projects need It is unclear whether the donors DeRosa did not answer her phone or re- misidentified as PMA associates are part of turns calls to the Gaithersburg office of the to go through to be properly vetted and the federal probe. DRS subsidiary, where she is listed as an em- authorized by the authorizing commit- A PMA spokesman said the firm’s manage- ployee. tees. ment does not know Hoffman or Hendricksen Mr. MCCAIN. An article from the We are not through with this bill, I and does not know how the errors were made Congressional Quarterly on February am happy to say. I will be talking a lot

VerDate Nov 24 2008 01:05 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.033 S04MRPT1 smartinez on PROD1PC64 with SENATE S2748 CONGRESSIONAL RECORD — SENATE March 4, 2009 more about it, and the American peo- every authorization is perfect, but (The remarks of Ms. LANDRIEU are ple are talking a lot more about it. those things that were debated openly printed in today’s RECORD under There have been some statements made in the appropriations committee—tes- ‘‘Morning Business.’’) that I am angry. I am angry, but I am timony given, evidence in support of The PRESIDING OFFICER. The Sen- not nearly as angry as the taxpayers some of these programs—are all put in ator from Missouri is recognized. are. I am not nearly as angry as the sort of a subcategory? I resent that. (The remarks of Mrs. MCCASKILL people who see that we are going to This is a balance between authorizers and Mr. UDALL of Colorado pertaining give $10 million in earmarks that were and appropriators. It always has been to the submission of S. Res. 63 are lo- obtained by a company, a lobbying out- and probably always will be. What we cated in today’s RECORD under ‘‘Sub- fit, that has been raided and shut down need to do is get back to a balance, mission of Concurrent and Senate Res- by the FBI. which was completely out of whack olutions.’’) I urge my colleagues to vote in favor when the Republicans were in charge of Mr. UDALL of Colorado. Mr. Presi- of the Coburn amendment to remove at the budget process. As Democrats are dent, I suggest the absence of a least the $10 million from this trying, with some of our colleagues’ quorum. porkbarrel bill that was obtained support, to get a handle on this situa- The PRESIDING OFFICER. The through an organization of question- tion, I think the public is at least clerk will call the roll. able credentials, questionable donors, pleased that we are moving in that di- The legislative clerk proceeded to and certainly—according to the FBI, rection. We do have a ways to go. I cer- call the roll. having shut them down—being people tainly will admit that. With the leader- Mr. DORGAN. I ask unanimous con- who do not deserve to be able to have ship of Senator INOUYE, I think we are sent that the order for the quorum call $10 million of the taxpayers’ dollars. making some progress. be rescinded. I yield the floor. AMENDMENT NO. 596 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- On the Coburn amendment No. 596, I objection, it is so ordered. ator from Louisiana is recognized. rise in opposition to it. It is a difficult AMENDMENT NO. 596 Ms. LANDRIEU. Mr. President, I amendment to oppose because on its Mr. DORGAN. Mr. President, we will come to the floor to speak against face it seems as if it makes a great deal vote this afternoon on a number of Coburn amendment No. 596, not the of sense. In fact, there was a strong amendments to the Omnibus appropria- amendment Senator MCCAIN was vote for it on another bill. But I rise in tions bill. I want to comment briefly speaking to, and also to put some per- opposition on this point alone: The on one of them, and that is the Coburn sonal remarks in the RECORD in a few amendment calls for everything in the amendment No. 596. That amendment minutes. I understand some of my col- bill to be competitively bid. On its presumably requires competitive bid- leagues are here to speak as well, but face, it sounds like the right thing to ding procedures to award contracts. since I am on the floor, I would like to do. Most people do put contracts out That is a subject for which I have very make a comment about PMA. for competitive bid in the private sec- strong support. I am all in favor of I do not know PMA. I don’t know the tor. But there are any number of times competitive bidding. I am tired of see- organization. But the Senator from Ar- the private sector does not do that. In ing sole-source contracts and contracts izona certainly knows there are proc- the public sector, there are any number that go to special companies. I have esses and ways to get at this other of reasons—whether it is special intel- held 18 hearings on the subject of con- than amending this bill, which has a ligence procurement; whether it is in tracting in Iraq. I have seen the most very tight deadline and is very impor- the small business sector; whether it is unbelievable waste, fraud and abuse tant to all of the agencies of this Gov- programs that reach out especially to that has ever happened in the history ernment. veterans where there are certain new of this country. So sign me up as some- He raises some legitimate points. He technologies that have to be sole- body who believes in competitive bid- is angry. Many of us are angry about sourced and not competitively bid— ding and contracts. But let me make this process that has gone too far. But there are any number. The Senator the point that this amendment goes may I remind my colleague from Ari- from Oklahoma knows that very well. way beyond the goal of requiring com- zona that this Democratic-led Congress He is actually on the Homeland Secu- petitive bidding in support of saving has reduced the number of earmarks by rity Committee and, I believe, the sub- the taxpayers money. This amendment 50 percent, has made every single one committee that has jurisdiction. Mr. does something much more than that. transparent, has gone through an open President, you and I serve on that com- This amendment—because it has not and public process, and none, to my mittee with him. There is a way to go come through a committee and is not knowledge—on the testimony of the about narrowing or making sure that the product of a committee hearing— chairman of the committee who is on most of the Federal procurement is people don’t understand. For example, the floor now—has been put in at any done through competitive bid. Not on it would set back 30 years of progress time in a closed-door conference ses- this bill. Not this day. Not at this with respect to Indian communities sion, which was done routinely when time. and tribal governments where we have the other side was in charge. While it is It is not as if there are not some good pursued something called Indian self- not perfect, while investigations must arguments, but that is the problem determination. The approach for self- continue to go on and people must be with these amendments. They are not determination on Indian reservations held accountable, the Senator from Ar- here to try to change and reform, con- is to allow those tribal governments to izona knows he is not the only one trary to what the others talk about. access some of the funds in the pro- angry, he is not the only one helping to They are here to stop, to delay, to de- grams designed explicitly for tribal lead this reform effort. President rail, to cause something to fail. They governments dealing with housing, Obama himself has done a great deal of are not here in a constructive way. health care, education, and law en- work on this subject, and we will con- That is why I am urging my col- forcement. This amendment would es- tinue to. leagues to oppose Coburn amendment sentially deny them opportunities to The second point I would like to No. 596, to vote down the McCain and access those funds and move them off make as an appropriator and one who others amendments that have been of- into a completely different process. It does have directed spending in this bill fered—not because they do not have undermines the whole notion of self-de- is that since when did every author- some kernels of truth in what they are termination for Indian reservations. izing committee turn out to be perfect trying to do, but this is not the time to I know that is not what was intended in their authorization language? Since do it and this is not the bill. by the author. I know that is not what when did every bill that goes through Finally, because I know my colleague was intended. But we should not, in every committee come out to a perfect from Missouri is here to speak, and any event, here in the twelfth hour, end? We have a long list of bills and au- others, I wish to take a moment, if I consider amendments that have not thorization programs that did not may, to pay tribute to a young man been the part of any hearing I am work, that were ineffective. So since who worked for me for many years—ac- aware of. We should not pass legisla- when is it appropriate to come and say tually, for 12 years. tion that would have the consequence

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Senator MCCASKILL for taking on both This progress is moving towards self- If America wants to know how well bi- parties, senior Members in both par- determination on Indian reservations partisanship works, you can look at ties, on this earmark issue. where tribal governments are able to earmarks because when it comes to But the real issue now comes back to access those funds explicitly to best wasteful spending, there is great bipar- leadership in our country, and is there use them to benefit their tribal govern- tisan agreement here in the Congress anyone in Washington with the power ment. that as long as we get our pork, as long to change this who is willing to take We have the most significant pov- as we get our political projects we can on the issue. My hope has been since erty, unemployment, health care crisis, take back home, then we will vote for the last election that while I know I and homelessness anywhere in this whatever is in the bill no matter how will disagree with President Obama on country on Indian reservations. Many big it is. a number of things, it was my under- of them are living in Third World con- Senator MCCASKILL, though rel- standing and my hope he would keep ditions. Health care is being rationed. atively new to the Senate, has been his word on fighting earmarks. He cer- It ought to be front-page news. Forty willing to take on not just my party tainly talked about it during his elec- percent of the health care needs for but her own in fighting this root cause tion. American Indians is unmet. We have of much of the wasteful spending in He said, in April of 2008: We can no kids and elders dying because the Washington. So I commend her very longer accept a process that doles out money isn’t there to provide adequate much for coming to the floor, not just earmarks based on a Member of health care. The same is true with re- today but many other times. Congress’s seniority rather than the spect to education and housing. We She has worked with me on several merit of the project. have tried over the period to begin earmark-related bills. She supported a He said, in October of 2008: We need moving in the direction of self-deter- 1-year moratorium on earmarks, which earmark reform, and when I’m Presi- mination in which, rather than have then-candidate Senator Obama flew dent, I will go line by line to make sure someone in some agency decide how back to vote to suspend earmarks for a we’re not spending money unwisely. But, last week, his Budget Director tribes must address their housing or year so we could look at ways to re- said: This omnibus we are talking health care issue, self-determination form them so we would not continue about this year is last year’s business. for tribes allows them to begin to use this pattern of very wasteful spending. I honestly believe the reason we are We just need to move on. that funding to best address their So I guess this week we have sus- looking at trillion dollar bills today is needs. I don’t think anybody wants to pended the Presidency, we have sus- because of this whole earmarking proc- upend the program. That wouldn’t pended hope and change, and we have ess. This $400 billion Omnibus appro- make any sense. We don’t want to have gone back to nearly 12,000 earmarks. priations bill we are considering this a circumstance where we subvert Senator MCCASKILL said: Do not take progress that we have made in recent week, I am convinced would be voted anyone seriously who says one thing years on self-determination for Indian down if the leadership on both sides and does another. That is the worst sin tribes. had not sprinkled earmarks for about of all. This is only one issue. I am sure every Member of the House and the What I am afraid of, at this point in there are dozens with respect to this Senate. It is a way to pass bills that the new Presidency, is that the only amendment. I couldn’t support an otherwise would not pass. change that has occurred in Wash- amendment that, while it sounds good, I do need to correct one thing Sen- ington is the change with the President has significant, unintended con- ator MCCASKILL mentioned, which is himself. This is an issue he said he sequences for the first Americans. The this idea that since the Democrats would help us on. This is an issue he first Americans were here to meet us, took over the majority, they have cut said he knew was a core problem of they are those who now live in substan- earmarks in half. I wish that were true, waste and corruption here in Wash- tial poverty, and those for whom legis- but, unfortunately, it is not. If you ington. This is not a Republican or lation dealing with self-determination look at this chart I have in the Cham- Democratic issue. Neither party can sit has tried to help by moving in a dif- ber, earmarks have grown under bipar- down here and say they are righteous ferent direction. We should not under- tisan agreement for years. in this. But both parties need to come mine that. We should not in any way As we came into 2006, we began—sev- to the understanding, the realization, injure that approach to try to improve eral of us in the Senate and the House that this earmarking process is de- life on American Indian reservations. were putting increasing pressure on stroying our whole work as a Congress. That is not the intent of the author, both sides to cut the number of ear- You see, what this has done is this but I know that will be the con- marks, and they dropped a little bit. has trained the American people to be- sequence. But this lower figure here, as shown on lieve that our purpose here in Wash- I hope my colleagues will join me in the chart, came as the Republicans had ington is to take money home to our voting against the amendment. lost the majority in the election but States and congressional districts. It is I yield the floor and suggest the ab- had not yet given up the majority in teaching the American people that we sence of a quorum. that January. A number of us held use earmarks as a reward to help those The PRESIDING OFFICER. The back an omnibus bill with thousands of groups and organizations that helped clerk will call the roll. earmarks in it, and we ended the year us get elected. Or we use taxpayer The legislative clerk proceeded to 2007 with less earmarks than we had money to bail out people who have call the roll. had in almost 10 years. been irresponsible in their decision- Mr. DEMINT. Mr. President, I ask But, as you see, under the Demo- making. unanimous consent that the order for cratic majority, it is already back to But what we have forgotten is that the quorum call be rescinded. the second highest number, counting our constitutional oath is to defend The PRESIDING OFFICER (Mr. this omnibus we are talking about this and protect the Constitution of the MERKLEY). Without objection, it is so week with over 9,000 new earmarks United States of America, not to get ordered. which are totally unnecessary, totally projects for our district. But what ear- Mr. DEMINT. Mr. President, it was against the things that have been said marking has done has perverted the great to hear Mrs. MCCASKILL, the Sen- in the last election, that in 2009, at whole purpose of this Congress. Instead ator from Missouri, speaking on the least counting as of this week, we are of working on fixing a Tax Code that is floor. She has been a real champion of nearly at 12,000—the second highest in destroying our economic base in this fighting one of the real causes of excess history. So neither party can boast we country, and overseeing our financial spending and waste in Washington. She have done anything significant about system to keep it from financial col- came down to talk about earmarks. In earmarks. lapse, and fixing Social Security and this case, she was talking about Repub- As America looks in, they are becom- Medicare so we can keep our promises lican earmarks. I congratulate her be- ing increasingly outraged at this fla- to seniors, and defending our country cause we have to go after them all. If grant waste we are shamelessly in- by funding the military properly—in- there is one thing in this whole Con- volved with every week. So I commend stead of doing that, we spend most of

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.043 S04MRPT1 smartinez on PROD1PC64 with SENATE S2750 CONGRESSIONAL RECORD — SENATE March 4, 2009 the year here in Washington figuring There is nothing noble about com- fairs and the Indian Health Services to out which local roads and bridges and bining bad ideas from both parties and provide these services. This amend- water and sewer plants and bike paths calling it bipartisanship, and that is ment threatens their authority to do we are going to build. what we are doing here today. so. In this omnibus bill or ominous bill— I would encourage the President to Enacting this amendment would roll whatever you want to call it—it is hard threaten a veto of this bill, to follow back years of Small Business and In- to read the list and then think about through on a veto of this bill, and dian Affairs Committee authorizations the rhetoric of how treacherous these make this Congress send this bill back by requiring that all contracts be times are, how difficult they are, and to committee and do the things Amer- awarded through just one specific sec- that every penny we spend of taxpayer ica needs instead of the things we want tion of one specific law. money has to go to help our economy politically to help us get elected in our Small businesses employ more than and help the American people. next election that is coming up. half of our country’s private sector What does $1.8 million for swine odor I wish to thank, again, the Senator workforce. If we pass this resolution and manure management research have from Missouri, Mrs. MCCASKILL, for and deny these small businesses the to do with these difficult times we are bringing up this issue and having the ability to compete on a level playing in, or $200,000 for a tattoo removal vio- courage to fight both parties on a very field, we will be severely impeding our lence prevention outreach program, or important issue to our country. country’s desperately needed job cre- $75,000 for a Totally Teen Zone where Mr. President, I yield the floor. ation engine. people can play Xbox? The PRESIDING OFFICER. The Sen- Congress has authorized a number of Folks, if I read this, it is only going ator from Hawaii. procedures over the years to help small to make you madder and madder and Mr. INOUYE. Mr. President, on be- businesses, veteran-owned businesses, madder. This is a mix of Republican half of the leadership, I ask unanimous minority-owned businesses and tribal and Democratic earmarks. You would consent that the Senate now proceed to enterprises gain access to government hear a lot of Senators say: I know this vote in relation to the Coburn amend- contracts. We have done so on a strong is a bad bill, I know it is wasteful, but ment No. 596; that no amendment be in bipartisan basis because we recognize I have something in it for back home. order to the amendment prior to a that small businesses are able to pro- I can’t vote against it. vote; that upon disposition of amend- vide the same level of skill and service There is only one person in Wash- ment No. 596, the Senate resume con- as their larger counterparts. We should ington who can stop all this because sideration of the Coburn amendment continue giving these small companies Congressmen and Senators will say, No. 608; and that there be 20 minutes of a fair chance to earn business, prosper, similar to a bunch of drunks: I am not debate remaining with respect to the grow and create the jobs our country going to drink as much tomorrow. But amendment, with no amendment in desperately needs. they don’t have the power to stop order to the amendment prior to a vote Mr. INOUYE. Mr. President, I ask for themselves. I have become convinced, in relation thereto; with the time the yeas and nays on the Coburn after 10 years of being in the House and equally divided and controlled between amendment No. 596. the Senate, we don’t have the power to Senators LEAHY and COBURN or their The PRESIDING OFFICER. Is there a stop ourselves. designees; that upon the use of that sufficient second? There appears to be. There is one person in Washington time, the Senate proceed to vote in re- The question is on agreeing to the who can lead on this issue and he said lation to amendment No. 608. amendment. he would lead on this issue and he said The PRESIDING OFFICER. Is there The clerk will call the roll. this is a change we could expect from objection? The assistant legislative clerk called his administration. The President Mr. INOUYE. Mr. President, I wish to the roll. should veto this omnibus bill with over clarify the time. There is no time at Mr. DURBIN. I announce that the 9,000 earmarks in it—9,000 of what I am this moment, but it will be soon. Senator from North Dakota (Mr. reading here. It takes money. They The PRESIDING OFFICER. Without CONRAD) and the Senator from Massa- say: It is not that much money; oh, it objection, it is so ordered. chusetts (Mr. KENNEDY) are necessarily is just $7 billion or $8 billion or what- Mr. REID. Mr. President, prohibiting absent. ever; but the reason we are passing a no-bid contracts is a laudable goal. Mr. KYL. The following Senators are $400 billion bill that we should not be With billions of dollars wasted on no- necessarily absent: the Senator from passing right now is because it has bid contracts by the previous adminis- Nebraska (Mr. JOHANNS) and the Sen- these earmarks in it. tration, it is a goal that Democrats and ator from Alabama (Mr. SESSIONS). The reason you won’t see very many Republicans should embrace. The PRESIDING OFFICER. Are there people on the floor of this Senate come But Amendment No. 596 which is dis- any other Senators in the Chamber de- in and vote no is because they have guised as a good government amend- siring to vote? something in it for back home that ment does far more harm than good. The result was announced—yeas 38, they have already done a press release This amendment would require that nays 57, as follows: on, taking credit and beating their only procedures in accordance with chests for taking home the bacon, but section 303 of the Federal Property Ad- [Rollcall Vote No. 77 Leg.] the taxpayers are paying for it. Folks ministrative Services Act would be eli- YEAS—38 are getting more and more outraged, gible to receive funds. Alexander Ensign McCain and I am, too, because I have children The result would be to strictly limit Barrasso Enzi McCaskill and I have grandchildren now and I opportunities for small businesses, mi- Bayh Feingold McConnell Bennett Graham Risch know we are taking all these millions nority-owned businesses and Native Brownback Grassley Roberts of dollars and putting it on their backs Americans to receive agency contracts. Bunning Gregg Shelby for the rest of their lives and taking The Indian Self-Determination Act Burr Hagan Specter Chambliss Hatch Thune credit for our little projects in our and the Native American Housing As- Coburn Inhofe Vitter Corker Isakson press reports. sistance and Self-Determination Act Voinovich Cornyn Klobuchar There is only one person who can allow tribes to provide governmental Warner Crapo Kyl stop this; the person America counts services to their members by entering DeMint Martinez Webb on today for changing the way we do contracts and receiving grants. Requir- business in Washington. After only a ing these contracts and grants to go NAYS—57 month in office, if this system has through a competitive process would Akaka Byrd Durbin Baucus Cantwell Feinstein changed him rather than him changing undermine the purposes of tribal self- Begich Cardin Gillibrand the system, then we are all in trouble. determination. Bennet Carper Harkin We have not reduced earmarks, and we The tribes in Nevada and throughout Bingaman Casey Hutchison are on track to have the highest num- America know how to best serve their Bond Cochran Inouye Boxer Collins Johnson ber of earmarks in history within the members’ interests. Tribes enter con- Brown Dodd Kaufman next year, in a bipartisan fashion. tracts with the Bureau of Indian Af- Burris Dorgan Kerry

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.044 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2751 Kohl Mikulski Schumer bill passed. And now we come up and criticism, and I told him so at the Landrieu Murkowski Shaheen Lautenberg Murray Snowe say we will take care of it through the time. After he lifted his hold, the full Leahy Nelson (FL) Stabenow administration, which was the very ar- Senate passed the Till bill unani- Levin Nelson (NE) Tester gument I used that said we didn’t need mously by voice vote. Senator COBURN Lieberman Pryor Udall (CO) increased authorization. Now all of a announced that he ‘‘can’t convince’’ Lincoln Reed Udall (NM) Lugar Reid Whitehouse sudden you say that is good enough. his colleagues that ‘‘there are plenty of Menendez Rockefeller Wicker Well, it is not good enough. It breaks funds’’ at Justice to probe these old Merkley Sanders Wyden your commitment to fully fund this crimes, so he decided to lift his hold. NOT VOTING—4 program to bring to justice those who I am glad that Senator COBURN fi- nally ended his opposition to the Em- Conrad Kennedy committed these terrible crimes. Johanns Sessions I reserve the remainder of my time. mett Till bill. I know that he now likes to emphasize that he belatedly became The amendment (No. 596) was re- The PRESIDING OFFICER. The Sen- ator from Vermont. a supporter of the bill, but that was jected. after years of having stalled its pas- Mrs. MURRAY. Mr. President, I Mr. LEAHY. Mr. President, how much time is available in opposition to sage. Regrettably, the current Coburn move to reconsider the vote. amendment appears to be as mis- Mr. LEVIN. I move to lay that mo- this amendment? The PRESIDING OFFICER. Ten min- chievous as was his unsuccessful tion on the table. amendment to the District of Columbia The motion to lay on the table was utes. Mr. LEAHY. Mr. President, I recall House voting rights bill last week. It agreed to. the young man who killed his parents should suffer the same fate. It should AMENDMENT NO. 608 and threw himself at the mercy of the not delay or deter passage of the Omni- The PRESIDING OFFICER. There court saying: You have to give me bus appropriations bill that needs to be will now be 20 minutes of debate prior mercy, I am now an orphan. I have passed by the Senate and signed by the to a vote on amendment No. 608 of the heard that line used before on this President this week. Senator from Oklahoma. Who yields floor and I use it again in this instance This special ‘‘earmark’’ that the Sen- time? because I hope we can tell the truth ator from Oklahoma is proposing is just not needed. Its functional impact The Senator from Oklahoma is recog- about what happened on the Emmett if accepted would be to prevent enact- nized. Till Unsolved Civil Rights Crime Act. AMENDMENT NO. 608 I worked very hard over the last two ment of the Omnibus appropriations bill this week and force it to be recon- Mr. COBURN. Mr. President, this years with Senator DODD and Congress- sidered by the House of Representa- amendment is a very straightforward man LEWIS to pass the Emmett Till tives. At a time when confidence and amendment. This Senate made a com- Unsolved Civil Rights Crime Act to funding of our Nation’s institutions is mitment last year through the Emmett provide resources for the Department critical, we should not be playing Till Unsolved Civil Rights Crime Act of Justice and Federal Bureau of Inves- games with funding. We need to get it that we would fund in this bill money tigation to investigate and prosecute done. We need to work together to to be applied to the Justice Depart- decades-old unsolved civil rights cold ment to start and bring up to a level solve the Nation’s problems. case crimes. It could have been law ear- In fact, this Omnibus appropriations that is appropriate the funding of the lier had not Republican opposition ob- bill increases funding for the Justice investigative, prosecutorial, and other structed its enactment. We tried to get Department, specifically for the Civil necessary agencies with which to go this bill through the Senate. It was Rights Division, and already increases after these unsolved crimes. being held up. Now, after the efforts to funding available to Emmett Till-type The reason it is important is that in stop it from becoming law in the first investigations and grants. I doubt that most of these crimes, the witnesses are place, we are told: Oh, my gosh, my anyone in the Senate is a stronger sup- very elderly. So the timeliness of it is Emmett Till bill, which I love so much, porter of Federal assistance to State very important. you are not funding it right. That is and local law enforcement than I. Pro- It is interesting today that the other not right. This should have been a non- viding that support will take place side produced a letter from the Attor- controversial bill and it should not when the Omnibus appropriations bill ney General that states exactly the op- have taken several Congresses to pass. is enacted and we can provide the in- posite position they took last year Indeed, passage ended years of oppo- creased funding at last year’s appro- when I opposed trying to get the sition by Senator COBURN and others priated levels and the funding in the money to pay for this bill. They bring across the aisle. In June 2007, we unsuc- continuing resolution. I believe the forth a letter that says Attorney Gen- cessfully attempted to get Senate con- best way to move forward, if we sup- eral Holder is going to make sure we sideration and passage of the bill by port the Emmett Till bill and care to try to do this within the funds he has. unanimous consent. Senator COBURN solve unsolved civil rights era crimes, That is the very argument I made last placed a hold on the Till bill. The Sen- is to pass the Omnibus appropriations year, but it was not good enough. So ator from Oklahoma also announced bill without adding this additional, un- we had hundreds of press releases go that he opposed the Till bill because necessary ‘‘earmark.’’ out on all these things we are going to the FBI is already investigating and The able chair of the Appropriations do on the Emmett Till Unsolved Civil prosecuting old civil rights cases and Subcommittee, a long-time supporter Rights Crime Act. Yet when it comes because crimes committed before 1970 of the Emmett Till bill, has set forth, time to fund it this year, we cannot cannot be prosecuted under most Fed- not only does the Civil Rights Division find $10 million in a $410 billion bill to eral civil rights statutes. get more funding under the bill, not do it. Either we mean to do it and we Majority Leader REID included the only does the inspector general receive mean to uphold the promise we made Emmett Till bill in the Advancing more funding under the bill, but $30 to this group that has worked hard to America’s Priorities Act, S. 3297, last million is available under the bill for have that bill passed or we are full of summer. It was still opposed by the competitive funds for States and local hot air. Senator from Oklahoma who objected jurisdictions, including for inves- This amendment takes $10 million to its consideration. tigating and prosecuting civil rights from a program that has questionable I worked for months to have it con- violations. In addition, the increased results in half of its grant money. I sidered and passed as a separate stand funding for U.S. attorneys’ offices, will not go into the details of it. Yet alone measure. I have to thank Senator something for which some of us have we will not fund this bill. I said last DODD and Representative JOHN LEWIS been fighting for years, is significant; year on the Senate floor, we will see if for their leadership and hard work in the funding for grants to State forensic you fund it. And sure enough, you persevering and getting it through the labs is significant; and there is more didn’t fund it. So you didn’t keep your full Senate over the objection and the than $150 million to reduce the backlog commitment, you didn’t keep your roadblocks of the Senator from Okla- of offender profiles and untested DNA, commitment to Alvin Sykes, a guy homa. I was happy when he finally something we have fought for in the who has worked 10 years to get that ended his opposition, after much public Debbie Smith Act for years.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.013 S04MRPT1 smartinez on PROD1PC64 with SENATE S2752 CONGRESSIONAL RECORD — SENATE March 4, 2009 Does anybody doubt Attorney Gen- ing either his confirmation hearing or this the way the Justice Department eral Holder is sensitive to these mat- an appearance before the committee. was funded. ters? Of course he is. Our first African- He responded there was adequate fund- There is not one mention of this bill American Attorney General does not ing. He said—I think his quote was at in either the report language or the need to be lectured or mandated on in- the time he would ‘‘figure out ways to text of the bill related to this par- vestigating heinous crimes committed try to move money around’’ to inves- ticular act. So what we see is cover. against African Americans during the tigate and prosecute these crimes. I truly wish to see us solve all these. civil rights era. He has spoken about Of course, under this omnibus bill be- But the game that is being played his dedication to restoring the Civil fore us, Department of Justice funds today is somebody forgot to fund it. Rights Division. He will demonstrate can be used to investigate unsolved The final point I will make before my his commitment. Indeed, in his recent civil rights crimes. The money includes time runs out is that if this gets added, letter to Chairwoman MIKULSKI he reit- $123 million for the Civil Rights Divi- we are not going to not fund this. This erates the Justice Department’s sion at the Department of Justice re- bill is still going to pass, we are still ‘‘wholehearted’’ support for the goals sponsible for investigating cold cases, going to do the hard work, and we are of the Emmett Till Unsolved Civil which is $7 million more than the fiscal still going to fund the agencies. To Rights Crime Act, notes some of the year 2008 levels. There is an additional imply otherwise is disingenuous. actions the Department has already $30 million for competitive funds for This amendment was put up in a sin- taken, and states his ‘‘personal com- State and local governments. Eligible cere effort to keep a commitment to mitment’’ to pursue these matters. activities include expenses associated Alvin Sykes, not to create mischief, Ironically, Senator COBURN voted with investigating and prosecuting not to be a bill killer, but to create a against the nomination of Eric Holder, civil rights violations that are crimi- commitment. The last thing I told as well. nal in nature. Alvin Sykes: You got it authorized. I join Chairman INOUYE, the distin- Obviously, as Senator LEAHY and Your problem is going to be getting it guished chair of the Appropriations others have pointed out, it is critically funded. He was assured by the office of Committee; Chairwoman MIKULSKI, the important we get this omnibus bill Senator DODD and others that it would chair of the Appropriations Sub- done or funding altogether will be be funded. And what do you know, the committee; Senator DODD, the author eliminated. I say it is time we move bill comes through and it is not funded. of the Emmett Till Unsolved Civil forward. This has been an important I don’t know if it was a mistake. Just Rights Crime Act; and the majority matter, the fact that we received unan- say it was a mistake and we will take leader in opposing this amendment at imous support on this effort back a few care of it in the next bill. But to deny this time on this legislation. months ago. the fact we made a commitment and Our interest is actually in going after Jim Talent, who came up with the now are not keeping it and assign all these unsolved crimes, not in trying to idea, thought we ought to pursue these sorts of motives different than what add a poison pill amendment to the bill matters. I thought it was a worthy one. they are is pretty distasteful, I would on the Senate floor. That is what we That is why I joined him in it. On a bi- say. did, we fought for years over the objec- partisan basis, we stepped forward. It I reserve the remainder of my time. tion of the Senator from Oklahoma to would be unfortunate at this hour to The PRESIDING OFFICER. The Sen- get the Emmett Till bill passed. Let’s take this omnibus bill, which has re- ator from Vermont. not now kill it with an amendment on sources to do that, to reject this and Mr. LEAHY. Mr. President, I was the floor. obviously send the whole matter into going back over the notes of what I The PRESIDING OFFICER. The Sen- conference, which would delay the said. I don’t find anything where I as- ator from Connecticut. funding that is appropriated in this cribe any motives to the Senator from Mr. DODD. Mr. President, I will be bill. Oklahoma. I am shocked that he very brief. Senator LEAHY described With that, I respectfully say to my thought I had. If there is any implica- the situation very well. One name that friend from Oklahoma that I appre- tion in the record that I was ascribing was not mentioned in the discussion ciate his support of the underlying con- motive to my friend and valued mem- here was Jim Talent, a former col- cept and bill, that we pursue these ber of the Senate Judiciary Com- league of ours from Missouri, a former matters of unsolved civil rights cases. I mittee, it certainly was not intended. I Republican Member of this body who welcome his participation in that. I did, however, relate the fact that he was the principal author of the Em- strongly urge my colleagues respect- held up the bill for some considerable mett Till legislation. I was his cospon- fully to reject the amendment so we period of time. That is a fact. That is sor, and when he left, I became the lead can move forward and provide the fund- in the RECORD. That is known. I will let sponsor and others joined on both sides ing necessary for the bill. him explain why he held it up. I ascribe of the aisle to adopt this legislation to Mr. President, I yield the floor. no motives. In fact, in my 36 years in pursue unsolved civil rights cases. The PRESIDING OFFICER. The Sen- the Senate, I have not ascribed motives I say to my friend from Oklahoma, I ator from Oklahoma. to any colleague of mine, even if he or am pleased we resolved it. He had some Mr. COBURN. Mr. President, first, I she placed a hold on a bill. I am not problems not so much with the idea of regret the inference that my obstruc- about to start now. The fact is, the investigating unsolved matters. His tion to this bill was anything other Senator from Oklahoma did place a concern was, if I recall, whether the than financial. To me it is a fairly low hold on the important Emmett Till matter ought to be authorized without blow to imply, by the chairman of the bill. The fact is, the full Senate did having an offset at the time. As I re- Judiciary Committee, that I had a mo- pass it over his objection. The fact is, call, that was the debate. tivation other than financial. I am we do have a letter from Eric Holder, We went a year, maybe longer, while known in this body for trying to make the Attorney General, promising that this was held up and we were not able us more efficient and to save money. his Justice Department has already, to adopt it. The argument is that had The second thing is it is laughable to and will continue, to commit its re- we done so, when it finally passed call it an earmark. It is authorized. sources towards prosecuting civil unanimously in this body, it was after That is what we passed last year. It is rights era cold cases. The fact is, the the Commerce-Justice-Science appro- authorized. It is authorized by 100 Sen- money we want to have is already in priations bill was adopted. So it was ators. The commitment that was made the bill we consider today. And the fact too late to get the funding in that pro- was that we would fund it. is, we have to pass this bill with the posal. As a result, we ended up with an One of my negotiations for finally appropriations in here, including for authorization. agreeing is that if you are going to do the Department of Justice, so we can As Senator LEAHY has pointed out, this and you are going to authorize it move forward as a nation. We must en- Eric Holder has testified, in fact, I at $15 million a year, you ought to at sure that the Emmett Till bill is more think, in response to questions of my least fund it since the very statements than simply a statute. It must also be friend from Oklahoma, whether there were that we didn’t have the money an answer to the hopes of all Ameri- would be funding for this program dur- within the Justice Department to do cans that justice might finally occur in

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But it is ironic that the very argu- Alexander Crapo McCain There being no objection, the mate- ment I used in trying to get them to Barrasso DeMint McCaskill rial was ordered to be printed in the offset this bill last year is the very ar- Bennett Ensign McConnell Bond Enzi RECORD, as follows: gument they are using now to say we Risch Brownback Graham Roberts THE ATTORNEY GENERAL, don’t need to have a line item in the Bunning Grassley Shelby Washington, DC, March 3, 2009. appropriations bill for it. It wasn’t a Burr Hatch Specter Hon. BARBARA MIKULSKI, Chambliss Hutchison Thune good enough argument last year, but it Coburn Inhofe Chairwoman, Subcommittee on Commerce, Jus- Vitter is a good enough argument now that Cochran Isakson tice, Science and Related Agencies, Com- Voinovich Collins Kyl mittee on Appropriations, U.S. Senate, you don’t want to fund this directly. Wicker This is a matter of timing. We ought Corker Lugar Washington, DC. Cornyn Martinez DEAR MADAM CHAIRWOMAN: The Depart- to put the money in this on a timely ment of Justice wholeheartedly supports the basis to make sure we solve these NAYS—58 goals of the Emmett Till Unsolved Civil crimes. The witnesses are dying and Akaka Gregg Nelson (FL) Rights Crime Act. The racially-motivated the information is going away. Justice Baucus Hagan Nelson (NE) Bayh Harkin murders from the civil rights era constitute denied comes about because we are de- Pryor some of the greatest blemishes upon our his- Begich Inouye Reed tory. laying justice. Regardless of the good Bennet Johnson Reid The Department is working in partnership intentions of the Attorney General, we Bingaman Kaufman Rockefeller Boxer Kerry with the National Association for the Ad- can force them to spend this money in Sanders Brown Klobuchar Schumer vancement of Colored People, the Southern that way, and the way to do that is to Burris Kohl Shaheen Poverty Law Center, and the National Urban Byrd Landrieu put a line item in the bill. Snowe League to investigate the unsolved racially- Cantwell Lautenberg Mr. President, I reserve the remain- Stabenow motivated violent crimes committed more Cardin Leahy der of my time. Carper Levin Tester than 40 years ago. The FBI has prioritized Udall (CO) the top dozen of these cases, though there The PRESIDING OFFICER. Who Casey Lieberman yields time? Dodd Lincoln Udall (NM) are more than 100 unsolved murder cases Warner Mr. LEAHY. Mr. President, there is Dorgan Menendez from the civil rights era under review by the Durbin Merkley Webb FBI. very little time left to the Senator Feingold Mikulski Whitehouse You have my personal commitment that from Vermont. I serve on both the Ap- Feinstein Murkowski Wyden the Department will continue to pursue propriations Committee and also as Gillibrand Murray these serious crimes in those matters in Chairman of the Senate Judiciary NOT VOTING—4 which the law and the facts would permit ef- fective law enforcement action. We will con- Committee, the committee that has Conrad Kennedy tinue to use our resources and expertise to oversight over the Department of Jus- Johanns Sessions identify and locate those responsible for tice. The amendment of the Senator The amendment (No. 608) was re- these crimes and prosecute them whenever from Oklahoma to fund the Emmett jected. possible, consistent with the Principles of Till bill is unnecessary and would kill Mr. COCHRAN. Mr. President, I move Federal Prosecution. the overall appropriations. I will op- to reconsider the vote by which the Sincerely, pose it. amendment was not agreed to. ERIC H. HOLDER, Jr. The PRESIDING OFFICER. The Sen- Mr. REID. I move to lay that motion Mr. LEAHY. Mr. President, how ator’s time has expired. on the table. much time remains? The Senator from Oklahoma. The motion to lay on the table was The PRESIDING OFFICER. There is Mr. COBURN. Mr. President, this agreed to. 20 seconds remaining. amendment would not kill this bill. The PRESIDING OFFICER. The ma- Mr. LEAHY. Mr. President, I with- What it will do is, it will go back to the jority leader. hold the remainder of my time. Mr. REID. We have a couple more The PRESIDING OFFICER (Mr. House, and they will have to agree to it. Everybody knows that. We have amendments offered by the Senator BURRIS). The Senator from Oklahoma. from Oklahoma that we are going to Mr. COBURN. Mr. President, how known this day was coming for a long time. Whatever the outcome, the fact try to dispose of this evening. It is my much time do I have remaining? wish that we could do that about 5:30 is, those commitments weren’t kept. The PRESIDING OFFICER. There is this afternoon. So people who wish to 1 We didn’t do what we told the very peo- 4 ⁄2 minutes remaining. speak on the remaining two Coburn ple who worked very hard to accom- Mr. COBURN. I thank the Chair. amendments should come and do that. You know, it is interesting, when I plish this we would do, and it sheds a We do not have an agreement yet to hold bills it is hardly ever on policy. light on our body that should not be that effect, but we are sure going to Every one of you got a letter from there. try to get to that. As everybody knows, me—everybody in this body—which Mr. President, I yield back the re- there is an event at the White House said I will oppose all new legislation if mainder of my time, and I ask for the that Senator MCCONNELL and the you are spending new money unless yeas and nays. chairmen and ranking members have you decrease authorization somewhere The PRESIDING OFFICER. Is there a been invited to attend. We are going to else. The American people get that. sufficient second? do that. We are going to move through You can’t keep growing the govern- There is a sufficient second. as many of these amendments as we ment and promising we will do things. The question is on agreeing to the can tonight. I would like to only get So we are seeing it wrung out—the true Coburn amendment. those two amendments voted on. operations of the Senate—because what The clerk will call the roll. That means we have three that have we are doing is promising something, The bill clerk called the roll. already been filed, so we are going to but when it comes down to dividing the Mr. DURBIN. I announce that the come in early in the morning and start pie, we don’t have the money. So in- Senator from North Dakota (Mr. working on those. It is my under- stead of recalling our press releases, we CONRAD) and the Senator from Massa- standing that there are a number of don’t fund them. We don’t keep our chusetts (Mr. KENNEDY) are necessarily other amendments people want to commitments. absent. offer. But I should alert everyone, we No wonder the American people don’t Mr. KYL. The following Senators are are kind of winding down. We have to- trust Congress. We play games. We ma- necessarily absent: the Senator from morrow to work on this. But I would nipulate. This is something that should Nebraska (Mr. JOHANNS) and the Sen- hope everyone would understand we have had, and was committed to hav- ator from Alabama (Mr. SESSIONS). have been through a lot of amend- ing, a line item in the appropriations The PRESIDING OFFICER. Are there ments, with no prerequisites as to what bill to make sure this money funds any other Senators in the Chamber de- they are, and I think that unless some- what is necessary on a timely basis. siring to vote? thing untoward happens, I am going to

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.050 S04MRPT1 smartinez on PROD1PC64 with SENATE S2754 CONGRESSIONAL RECORD — SENATE March 4, 2009 file cloture on this tonight for a Friday (1) IN GENERAL.—Not later than 4 months Mr. REID. Mr. President, I indicated morning cloture vote. after the date of the enactment of this Act, to the Republican floor staff that that We will have to see at that time how the Secretary of State shall submit a report is one amendment we are aware is many amendments we can dispose of to the Committee on Appropriations of the going to be offered. We hope to be able Senate and the Committee on Appropria- to start offering those as soon as we tomorrow to see what the temperature tions of the House of Representatives indi- of the body is. It would certainly be cating the amount of funds that the UNFPA finish the votes this evening—at least possible, with a consent agreement, is budgeting for the year in which the report yours and maybe a couple others we that we can dispose of this tomorrow. is submitted for a country program in the will consider, the one amendment Sen- But it is up to the Senators as to what People’s Republic of China. ator KYL is going to speak on now. they want to do. As I have indicated, (2) DEDUCTION.—If a report submitted I asked Senator KERRY, the chairman the CR expires on Friday. So we have under paragraph (1) indicates that the of the committee, to take a look at it to do something. I have told people UNFPA plans to spend funds for a country before we make an agreement on it, program in the People’s Republic of China in but yours is one we are aware of. We this, but so there is no misunder- the year covered by the report, the amount standing, I have spoken, in fact with understand it. We are ready. I would of such funds that the UNFPA plans to spend only say to my friend from Oklahoma, the Speaker last night, had a meeting in the People’s Republic of China shall be de- with her about 4:30 in the afternoon. ducted from the funds made available to the I do not know what word you used— She said: We have put our Members UNFPA after March 1 for obligation for the noncontroversial or whatever it is— through a lot over here on this appro- remainder of the fiscal year in which the re- that is in the eye of the beholder. Mr. INHOFE. That is also in the eye priations bill. I am not going to put port is submitted. ULE OF ONSTRUCTION of the majority of Democrats and Re- them through any more. If there are (f) R C .—Nothing in this section may be construed to limit the au- publicans in the last 17 years. any amendments, we are going to do a thority of the President to deny funds to any Mr. REID. But the majority has CR for the rest of the year. organization by reason of the application of changed. But the information I have given the another provision of this Act or any other The PRESIDING OFFICER. Without Senate is nothing new. I said that ear- provision of law. objection, it is so ordered. lier this week. So we have had good de- AMENDMENT NO. 635 Mr. KYL. Mr. President, I was going bate on all these amendments. I hope it On page 458, after line 25, insert the fol- to offer for consideration my amend- continues. lowing: ment No. 634, but I will do that after AMENDMENTS NOS. 607 AND 635 EMERGENCY FUND FOR INDIAN SAFETY AND the second vote at the request of the Mr. KYL. Mr. President, while the HEALTH majority leader. Let me take a couple leader is still here, I ask unanimous For deposit in the Emergency Fund for In- minutes right now to explain what this consent that the Thune amendment dian Safety and Health established by sub- amendment is. No. 635, and the Wicker amendment No. section (a) of section 601 of the Tom Lantos During the Presidential campaign, 607 be modified with the changes that and Henry J. Hyde United States Global President Obama said: Leadership Against HIV/AIDS, Tuberculosis, are at the desk. and Malaria Reauthorization Act of 2008 (25 If we can impose the kinds of sanctions Mrs. BOXER. Reserving the right to U.S.C. 443c), for use by the Attorney General, that, say, for example, Iran right now im- object, I have not seen those modifica- the Secretary of Health and Human Services, ports gasoline, even though it’s an oil-pro- ducer, because its oil infrastructure has bro- tions. and the Secretary of the Interior in accord- ken down, if we can prevent them from im- Now I am being told they are very ance with that section, $400,000,000, to be de- porting the gasoline that they need and the minor. In that case I will not object. rived by transfer of an equal percentage from refined petroleum products, that starts each other program and project for which The PRESIDING OFFICER. Without changing their cost-benefit analysis. That funds are made available by this Act, not- objection, it is so ordered. starts putting the squeeze on them. withstanding the limitation contained in The amendments (Nos. 607 and 635), Indeed, I think the President is ex- as modified, are as follows: section 3: Provided, That, not later than 30 days after the date of enactment of this Act, actly right about that. I know of no AMENDMENT NO. 607 the Director of the Office of Management disagreement with that proposition. I On page 927, strike line 14 and all that fol- and Budget shall submit to the Committees also think there would be no disagree- lows through page 929, line 20, and insert the on Appropriations of the House of Represent- ment with the proposition that U.S. following: atives and the Senate a report regarding the taxpayers should not be supporting (b) AVAILABILITY OF FUNDS.—Funds appro- transfer. priated under the heading ‘‘International Or- Iran’s energy sector. As a result, I have ganizations and Programs’’ in this Act that The PRESIDING OFFICER. The Sen- offered or I will be offering this amend- are available for UNFPA and are not made ator from Arizona. ment No. 634 that does exactly that. It available for UNFPA because of the oper- Mr. KYL. Mr. President, in deference says very simply: That none of the ation of any provision of law, shall be trans- to the majority leader’s request, I will funds made available in this appropria- ferred to the ‘‘Global Health and Child Sur- not ask that amendment No. 635— tions legislation, can go to companies vival’’ account and shall be made available Mr. REID. Would my friend withhold helping Iran either import or export for family planning, maternal, and reproduc- for a unanimous consent request? energy or energy-related goods. tive health activities, subject to the regular Mr. KYL. I will. It also does give the President the notification procedures of the Committee on Mr. REID. Mr. President, I ask unan- authority to waive the provision if he Appropriations of the Senate and the Com- imous consent that the votes in rela- mittee on Appropriations of the House of deems it necessary for a valid national Representatives. tion to the Coburn amendments Nos. security reason. (c) PROHIBITION ON USE OF FUNDS IN 610 and 623 occur at 5:35 p.m. today Two quick points for colleagues who CHINA.—None of the funds made available with no amendments in order to either may say: Well, of course, we are not under ‘‘International Organizations and Pro- amendment prior to a vote; and that going to allow any of this money to go grams’’ may be made available for the the votes occur in the order listed with to companies that provide this kind of UNFPA for a country program in the Peo- 2 minutes of debate equally divided relief to Iran’s energy sector. I would ple’s Republic of China. prior to the second vote; and that the note two examples. Senator LIEBERMAN (d) CONDITIONS ON AVAILABILITY OF second vote be 10 minutes in duration. FUNDS.—Amounts made available under and I sent a letter to the Export-Im- ‘‘International Organizations and Programs’’ The PRESIDING OFFICER. Is there port Bank last October because the for fiscal year 2009 for the UNFPA may not objection? bank gave $900 million to loan guaran- be made available to UNFPA unless— Mr. INHOFE. Reserving the right to tees to a company that was exporting (1) the UNFPA maintains amounts made object, I will not object, but I would gasoline to Iran. When we asked the available to the UNFPA under this section in like to make an inquiry, if I could, of bank whether it thought the taxpayers an account separate from other accounts of the majority. I have been trying to get should be funding those kinds of bene- the UNFPA; up a noncontroversial amendment for a fits to Iran, one of the points raised in (2) the UNFPA does not commingle long period of time. It is one that has amounts made available to the UNFPA the response to me, one that was, by under this section with other sums; and actually been on this legislation since the way, rather indirect in answering (3) the UNFPA does not fund abortions. 1996, supported by Democrats and Re- the question I asked was: (e) REPORT TO CONGRESS AND DOLLAR-FOR- publicans. I have to have an oppor- The Ex-Im Bank generally is prohibited DOLLAR WITHHOLDING OF FUNDS.— tunity to get this thing up. from taking foreign policy determinations

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.053 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2755 into account when making credit decisions all of this gasoline from just five companies, currently building a $100 million terminal in pursuant to its Charter. four of them European: the Swiss firm Vitol; Port Canaveral, Florida. Well, of course, those are the kinds of the Swiss/Dutch firm Trafigura; the French Last year, when Minnesota Gov. Tim considerations the American taxpayers firm Total; British Petroleum; and one In- Pawlenty discovered that an Indian com- dian company, Reliance Industries. If these pany, Essar, was seeking to both invest some would want to be taken into account. I companies stopped supplying Iran, the Ira- $1.6 billion in Minnesota and invest over $5 would also note, on Monday, the Wall nians could replace only some of what they billion in building a refinery in Iran, he put Street Journal noted that several of needed from other suppliers—and at a sig- Essar to a choice. Mr. Pawlenty threatened our colleagues from the other body nificantly higher price. Neither Russia nor to block state infrastructure subsidies and wrote to the Secretary of Energy con- China could serve as alternative suppliers. perhaps even construction permits for the cerning a purchase of crude oil from Both are themselves also heavily dependent Minnesota purchase unless Essar withdrew another company doing business in on imports of the type of gasoline Iran needs. from the Iranian investment. Essar promptly Iran’s energy sector. In this case, the Were these companies to stop supplying withdrew from the Iranian investment. gasoline to Iran, the world-wide price of oil Florida officials could consider taking a company is named Vitol, a Netherlands would be unaffected—the companies would similar stance with Vitol. trading firm that was fined $17.5 mil- simply sell to other buyers. But the impact The Minnesota example is not the only lion after a jury convicted the com- on Iran would be substantial. precedent. U.S. outreach to foreign banks pany for criminal misdeeds related to When Tehran attempted to ration gasoline and to oil companies considering investing the oil-for-food scandal. during the summer of 2007, violent protests in Iran’s energy sector has reportedly con- Obviously, the U.S. Government forced the regime to back down. Cutting off vinced more than 80 banks and several major should not be doing business with a gasoline sales to Iran, or even a significant potential oil-field investors to cease all or some of their business with Iran. Among company such as that. reduction, could have an even more dramatic effect. them: Germany’s two largest banks (Deut- Mr. President, I ask unanimous con- In Congress, there is already bipartisan sche Bank and Commerzbank), London-based sent that a piece from the American support for peacefully cutting off gasoline HSBC, Credit Suisse, Norwegian energy com- Foreign Policy Council by Orde Kittrie sales to Iran until it stops its illicit nuclear pany StatoilHydro, and Royal Dutch Shell. and carried, I believe, in the Wall activities. Barack Obama, John McCain and A sustained initiative may be able to con- Street Journal, be printed in the the House of Representatives have all de- vince most or all current and potential sup- RECORD at the end of my comments. clared their support. pliers that the profits to be gained from con- The PRESIDING OFFICER. Without On June 4 of this year, for example, Sen. tinuing to sell gasoline to Iran will be Obama said at a speech in Washington, D.C.: objection, it is so ordered. dwarfed by the lost loan guarantees and sub- ‘‘We should work with Europe, Japan and the sidies and foregone profits they will incur in (See exhibit 1.) Gulf states to find every avenue outside the the U.S. from continuing to do business with Mr. KYL. I would hope when my col- U.N. to isolate the Iranian regime—from cut- Iran. leagues have an opportunity to vote on ting off loan guarantees and expanding fi- Last Sunday, a group of 60 Iranian econo- this amendment, they will agree that nancial sanctions, to banning the export of mists called for the regime to drastically ensuring the appropriate use of Amer- refined petroleum to Iran.’’ change course, saying that President ican taxpayer money is important, it is He repeated this sentiment during the Mahmoud Ahmadinejad’s ‘‘tension-creating’’ one of our obligations. We agree with presidential candidates’ debate on Oct. 7: foreign policy has ‘‘scared off foreign invest- the President that is the kind of thing ‘‘Iran right now imports gasoline . . . if we ment and inflicted heavy damage on the can prevent them from importing the gaso- economy.’’ The economists said the current we can do to put some pressure on Iran, line that they need . . . that starts changing sanctions, as weak as they are, have cost and as a result, we should not be send- their cost-benefit analysis. That starts put- Iran billions of dollars by forcing it to use ing our money to companies that ting the squeeze on them.’’ middlemen for exports and imports. Halting would be supporting the energy sector How do we stop the gasoline from flowing? Iran’s gasoline supply could contribute to in Iran. The Bush administration has reportedly reaching a tipping point—at which economic I appreciate my colleagues’ consider- never asked the Swiss, Dutch, French, Brit- pressures and protests convince the regime ation of the amendment when we have ish or Indian governments to stop gasoline its illicit nuclear program poses too great a an opportunity to offer it, debate it, sales to Iran by the companies risk to its grip over the Iranian people. headquartered within their borders. An If the federal and key state governments in and vote on it. Obama administration should make this re- the U.S. were to make it their goal to EXHIBIT 1 quest, and do the same with other govern- achieve a halt by companies selling gasoline [From the Wall Street Journal, Nov. 13, 2008] ments if other companies try to sell gasoline to Iran, it could be a game-changer. It may HOW TO PUT THE SQUEEZE ON IRAN to Iran. be our best remaining hope for peacefully But the U.S. also has significant direct le- CUTTING OFF ITS GASOLINE IMPORTS MAY BE convincing Iran to desist from developing verage over the companies that currently THE ONLY PEACEFUL WAY TO GET TEHRAN TO nuclear weapons. supply most of Iran’s imported gasoline. ABANDON ITS NUCLEAR WEAPONS PROGRAM Consider India’s Reliance Industries which, The PRESIDING OFFICER. The Sen- (By Orde F. Kittrie) according to International Oil Daily, ‘‘re- ator from Washington is recognized. If Barack Obama is to persuade Iran to ne- emerged as a major supplier of gasoline to Mrs. MURRAY. Mr. President, I rise gotiate away its illegal nuclear weapons pro- Iran’’ in July after taking a break for several this evening to address criticism that gram, he will first need to generate more le- months. It ‘‘delivered three cargoes of gaso- has been raised by some of our Repub- verage than what the Bush administration is line totaling around 100,000 tons to Iran’s lican colleagues about the Omnibus ap- leaving him with. The current U.N. sanctions Mideast Gulf port of Bandar Abbas from its propriations bill that is before us have proven too weak to dissuade Tehran’s giant Jamnagar refinery in India’s western today. As I have talked about repeat- leaders, and Russia and China seem deter- province of Gujarat.’’ Reliance reportedly edly, this bill that is in front of us now mined to keep those sanctions weak. Mean- ‘‘entered into a new arrangement with Na- while, the regime continues to insist there tional Iranian Oil Co. (NIOC) under which it is very critical. At the end of this are no incentives in exchange for which it will supply around . . . three 35,000-ton car- week, a few days from now, the con- would halt or even limit its nuclear work. goes a month, from its giant Jamnagar refin- tinuing resolution we have been oper- However, Tehran has an economic Achilles’ ery.’’ One hundred thousand tons represents ating under is going to expire. At that heel—its extraordinarily heavy dependence some 10% of Iran’s total monthly gasoline time, the Government will shut down if on imported gasoline. This dependence could needs. we do not take action. be used by the United States to peacefully The Jamnagar refinery is heavily sup- This bill we are talking about keeps ported by U.S. taxpayer dollars. In May 2007, create decisive leverage over the Islamic Re- the Government running at a time public. the U.S. Export-Import Bank, a government Iranian oil wells produce far more petro- agency that assists in financing the export of when we desperately need Federal em- leum (crude oil) than Iran needs. Yet, re- U.S. goods and services, announced a $500 ployees on the job working to help our markably for a country investing so much in million loan guarantee to help finance ex- economy recover. Our communities are nuclear power, Iran has not developed suffi- pansion of the Jamnagar refinery. On Aug. counting on the money and the work in cient capacity to refine that crude oil into 28, 2008, Ex-Im announced a new $400 million this bill. This bill fulfills the commit- gasoline and diesel fuel. As a result, it must long-term loan guarantee for Reliance, in- ment we made to our communities import some 40% of the gasoline it needs for cluding additional financing of work at the back in June and July, when we internal consumption. Jamnagar refinery. In recent months, Iran has, according to Or consider the Swiss firm Vitol. Accord- marked up these appropriations bills. the respected trade publication Inter- ing to International Oil Daily, Vitol ‘‘over It ensures that the basic needs of Gov- national Oil Daily and other sources includ- the past few years has accounted for around ernment, from housing to law enforce- ing the U.S. government, purchased nearly 60% of the gasoline shipped to Iran.’’ Vitol is ment, to transportation safety are met

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.054 S04MRPT1 smartinez on PROD1PC64 with SENATE S2756 CONGRESSIONAL RECORD — SENATE March 4, 2009 and that our agencies keep up with in- end homelessness. Not only will this publicans themselves. This bill directs flation. money help the people who live there, $475,000 to build an emergency shelter I have come to the floor because it will take a burden off the social safe- at a Women’s Bay in Alaska; $475,000 to some of my colleagues on the other ty net and ultimately save all of us Harbor Homes in Nashua, NH, to build side of the aisle have been raising ques- money in services we would have had housing for honorably discharged tions about the 1 percent of funding in to provide. So like all of the projects homeless veterans; $475,000 for the con- this bill that they call earmarks. I listed, this might not have gotten Fed- struction of a residential substance wish to spend a minute talking about eral support if that community had not abuse treatment center for women and that 1 percent of this funding. come to me as their Senator and if I their children in Sioux Falls, SD; The fact is, this is money that is had not been able to work hard, as my $617,000 for a new building for the Hous- being directed to critical needs in our job is, to secure money in this appro- ton food bank in Houston, TX; and communities, projects that our local priations bill. I am proud I can include $190,000 to build low-income housing in leaders say they badly need so they can funding for programs that help my con- New Orleans. These and dozens of other keep people safe or help them fund stituents. projects are going to help families who housing or ensure that local businesses We have heard these projects called are hungry or veterans who are home- stay strong. insulting and wasteful. Tell that to the less. They will enable parents to get Opposing that money means opposing commuters in Walla Walla. Tell that to access to high-quality childcare and new jobs, updating infrastructure and the families trying to keep their homes families to find safe, affordable hous- economic opportunity in local commu- in Seattle. Tell that to law enforce- ing. They are good projects, and I am nities, including many in my home ment personnel in Bellingham in sure the Republican Senators who put State at a time when communities Whatcom County. them in these bills did so because they across this country need all the help Washington State is 2,500 miles away know this money will make a real dif- they can get to recover from this eco- from this Nation’s Capitol. When I ference for people in their commu- nomic crisis. For example, this bill in- come to DC, it is my responsibility to nities. They know that if they didn’t cludes $3 million to help widen a very fight for my home State. I don’t want fight for funding in this bill, it is going dangerous stretch of road between to leave the decisions about what is to be up to some DC bureaucrat who Walla Walla and Pasco in my home best for Washington up to a bureaucrat might not know that the Houston food State of Washington. in an agency who has never been to or bank needs a new roof or that there is Now, in the last 18 years, there have even heard of Walla Walla or Pasco or a real need for an emergency shelter at been over 1,000 accidents on that Blaine, who has no idea who the people Women’s Bay, AK. All of these create stretch of highway. Over 400 people in those communities are or what their jobs. They direct money to vital infra- have been hurt and more than 30 people needs are. The Founders of our Con- structure needs. They help strengthen have died. It is so dangerous a stretch stitution didn’t want that either. In communities for the future. of highway that local officials formed a fact, our Nation’s Founders made it Senators who oppose this bill say it coalition just to fight for funding to clear that the administration has no is full of waste. I doubt any of the Sen- widen that highway. I have been very right to spend money without congres- ators who asked for this money would proud to work with them to help make sional approval. They believed the peo- say their project was money gone to their community safe. The sooner we ple, through their representatives—and waste. I bet neither would the commu- can get that highway fixed the better. that is all of us—should make those de- nities that need the money to help This bill also includes $3 million to cisions. Without congressionally di- shelter families or support businesses reimburse communities in Washington rected spending, the President would or keep people safe. State for some of the cost of protecting have unprecedented power to deter- The point is, just as I don’t expect a our northern border. Now, most of the mine where all of our taxpayer dollars Senator from Oklahoma or Arizona to communities on our northern border are spent. know the needs of Walla Walla or Bel- are very small. But they bear the large It is easy for critics to pull out lingham, I don’t want to tell another burden of protecting our Nation from projects that may sound funny to them Senator that I know their State better international criminals, including drug or make an easy cable news story. than they. We have huge needs in this dealers and potential terrorists, and They do this and then try to paint country today. We cannot afford to tie jailing international fugitives. every bit of congressionally directed this bill up any longer on petty, base- In fact, in Whatcom County, in the spending with one brush. I reject those less arguments. We cannot afford to northern part of my State of Wash- efforts. I reject the notion that each risk shutting down the Government at ington, they spend about $2 million and every bit of spending we direct is the end of the day. from their general fund, from the coun- correct or wasteful. My constituents do I urge colleagues, let’s get this bill ty’s general fund, every year to process too. passed. Let’s move forward. Let’s get these border-related criminal cases. Additionally, unlike the pictures to work addressing the real problems They shoulder, this poor little county, some of my colleagues are trying to Americans face every day. an unfair burden in return for keeping paint, none of this spending is secret. I yield the floor. all of us safe. Last Congress, Democrats led the most The PRESIDING OFFICER. The Sen- Those police and sheriffs along the sweeping ethics and earmark reform in ator from Hawaii. border have made it clear to me that history. This year, the Appropriations Mr. INOUYE. Mr. President, I ask they need help. I was glad to work in Committees in both the House and Sen- permission to speak as chairman of the this bill to help ensure that the Fed- ate went out of their way to volun- Senate Committee on Appropriations eral Government, us, is stepping up to tarily bring that transparency to a new Defense Subcommittee. I realize the support that local county. level. Last year, we reduced earmark Defense bill is not part of this package, This bill includes over $700,000 to spending by 43 percent. After President but I have become quite concerned build 83 studio apartments for chron- Obama won in November, we then went with the debate because I am certain ically homeless and mentally ill people back and cut it by 5 percent more. many of my fellow Americans are now in Seattle, with at least a third of the Each and every earmark in this bill reaching the conclusion that earmarks space designated for homeless veterans. now has a name attached to it. Anyone are evil, that it is a waste, the money Because of this housing money, they who wants to can go online and find is down the drain. are going to have a stable place to live. out who is asking for money and for I would like to share with my col- It will prevent some of the most vul- what. That is the accountability and leagues and refresh their memory as to nerable people in our community from the transparency our constituents de- what some of the funds have been spent falling through the cracks and allow serve and we have provided. for. This may come as a surprise to them the chance to focus on getting Secondly, Democrats are not the many Americans, but breast cancer re- treatment and rebuilding their lives. only ones directing money in this bill. search is in the Defense bill. It is an Cascade Supportive Housing is a key Nearly half of the earmarks Repub- earmark. The National Institutes of part of King County’s 10-year plan to licans object to were inserted by Re- Health has just declared that the finest

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.055 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2757 research on breast cancer is that pro- have ever been involved, in making American people and try to stop this gram. That is an earmark because no campaign contributions. terrible waste of their tax dollars at a one wanted to put in money for breast I also noted that the payment for in- time when Americans are experiencing cancer. Now it is becoming the fad of serting the 14 appropriations—the 14 the most difficult of times. the Nation. It is popular. But it took projects—in this bill to PMA Group With that, I thank the Senator from an earmark to begin that program. We comes to a total of $2.185 million. That Oklahoma again for his courage and his have spent millions of dollars. is not a bad business for 1 year, to get hard work. Then we have an aircraft called the paid $2.185, nearly $2.2 million of the I yield the floor. C–17. It is now the most productive and taxpayers money—for getting Mr. COBURN. Mr. President, could I the best working aircraft we have to porkbarrel projects inserted in appro- inquire of the Chair what the order of carry cargo and personnel. Then we priations bills. It is another reason business is now? have the F–22, a fighter plane that re- why we should take these projects out. The PRESIDING OFFICER (Mr. quires a landing space just about the Many of these projects have been going SCHUMER). Votes are scheduled to begin size of this room. I am citing these be- on for some time and have been receiv- at 5:35. cause these have shortened a war in ing very large amounts of Federal dol- Mr. COBURN. Do we have any ar- Iraq. There is also the Predator, the lars for a long period of time. Most of rangement for the division of time? unmanned vehicle. We send a plane out them are doing the business that could The PRESIDING OFFICER. No, there with no pilot, but it sends back signals be done by the National Science Foun- is no such arrangement. and photographs, makes it possible for dation or done by the Department of Mr. COBURN. I ask unanimous con- the men and women on the field to Defense in competitive bidding, and sent to be recognized and to share that know what is on the other side of the many other ways that funding for time with anybody in opposition. mountain. That is an earmark. It did these various companies and projects Mr. REID. Mr. President, I think the not come out of the mind of the Presi- could have been implemented. Instead, only speakers left are Dr. Coburn and dent of the United States or from the they were inserted in an appropriations myself, so he can go ahead and use any Defense Department. It came from the bill without authorization, without time he wants and if he goes over, I can minds of the members of the com- hearings, and without scrutiny. It is a use my time. mittee. I dare anyone to suggest that very large amount of money—over $10 The PRESIDING OFFICER. The Sen- these are evil products. It has helped to million which is being appropriated— ator from Oklahoma. shorten the war. It has helped to save and I am sure the payment to that lob- Mr. COBURN. Mr. President, this lives. It will bring back the brave and bying group comes out of the money amendment is straightforward. There courageous men and women from Iraq. they are able to secure through this is an alleged significant violation of Yes, there are many more I can cite. process. Federal law associated with the firm But I think these few should remind us So a cursory examination of the 14 that was responsible for lobbying for that earmarks are not evil. projects identified revealed over $2 mil- the insertion of these 13 earmarks. I I yield the floor and suggest the ab- lion paid to PMA as a fee for their serv- have not said anything about the qual- sence of a quorum. ices of a lobbying group that secured ity of these earmarks. I have not said The PRESIDING OFFICER. The the earmarks. I think it is another rea- anything about the individuals who ac- clerk will call the roll. son why the Coburn amendment should tually placed them. What I ask my col- The legislative clerk proceeded to be adopted. If the Coburn amendment leagues is, in light of where we are call the roll. is not adopted, then clearly, it is not today, should we not back off and say Mr. MCCAIN. Mr. President, I ask only business as usual in Washington, these should be stricken from the bill unanimous consent that the order for but it indicates without a doubt that at this time until that situation is the quorum call be rescinded. even if the FBI raids your head- clarified? The PRESIDING OFFICER. Without quarters, even if the home of the head It is prudent from a couple of stand- objection, it is so ordered. of the lobbying group is raided by the points. The investigation is rolling for- Mr. MCCAIN. Mr. President, the FBI, your projects will still be inserted ward. We have had private residences Coburn amendment concerning the re- into appropriations bills without au- now searched by the FBI, computers moval of line item appropriations from thorization, without scrutiny, and taken, and information pulled under the bill that were sponsored by a group without competition. subpoenas and search warrants issued called PMA is pending before the Sen- This is a very important vote that is by Federal courts. Do we want to be in ate. I think it would be of interest to coming up. It is only—when I say the midst of passing things that were my colleagues to have some additional ‘‘only’’—$10 million, but this organiza- connected with what appears to be and information about this organization. tion, PMA, has been able to secure is alleged to be improper behavior both I have mentioned before this organi- hundreds of millions of dollars over the in terms of the source of the funds, the zation’s offices were raided in Novem- years for various entities. If we go payment of campaign funds, and the ber in connection with an FBI inves- ahead and do not remove these lobbying efforts on behalf of these tigation into its campaign contribution projects, then it is not only business as firms? practices. According to multiple news usual in Washington, it has hit a new I cast no aspersion on the firms or accounts, the Associated Press re- low. the entities that are getting this, nor ported Tuesday that the home of the I wish to thank the Senator from on the individuals who have placed founder of the PMA group, former Oklahoma for his courage. I am aware, these earmarks. But I can tell my col- House appropriations aide Paul as he is, that it is not the most popular leagues the American people are not Magliochetti, was also raided. Also, by thing to do, to come to the floor and going to be happy if we don’t recognize doing some cursory research, we be- try to eliminate these projects and that maybe there is a checkpoint here came aware that CQ reported last week help work to reform the system that is where we ought to reconsider what we that 104 Members of the House spon- obviously badly broken. are doing in light of the developing sit- sored or cosponsored earmarks for cli- I note the presence of the majority uation around this firm. If we go for- ents of the PMA group in a single bill— leader on the floor. I did note his quote ward and assume there will be prosecu- the fiscal 2008 Defense appropriations today where he said that the amend- tions and convictions, we find our- bill. That set of lawmakers got $1.8 ment is ‘‘a nice try, but there’s no lob- selves in a very uncomfortable position million in campaign contributions bying organization I know of that is of having encouraged it. We also send a from the PMA group and its employees earmarked.’’ signal to other individual lobbying between 2001 and 2008. I also pointed Well, they are identified in the bill as firms that there isn’t a standard of be- out earlier today there was a Wash- according to the legislation or rule we havior to which we will not respond to ington Post story as well as others re- passed last year. It may be a nice try, their lobbying efforts. porting that there are campaign con- but I want to assure the majority lead- I ask my colleagues to take a look at tributors who are listed as being con- er that as long as I am here, I will this not as Members of the Senate but tributors who have no knowledge, nor come to this floor and I will go to the as individual citizens outside of the

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.056 S04MRPT1 smartinez on PROD1PC64 with SENATE S2758 CONGRESSIONAL RECORD — SENATE March 4, 2009 Senate in the country, as others look two pilots with six-figure salaries. Ac- Ms. SNOWE. Mr. President, I rise in at us and say, What are you doing? cording to the Orange County Great opposition to the Coburn amendment Is there not a point in time—again, I Park Corporation Website, ‘‘The Or- No. 610, which will eliminate, among make the point that the Senator from ange County Great Park Plan will pro- other appropriations requests one that Arizona made that it would be totally vide a wide array of active and passive my colleague from Maine, Senator COL- different if these were authorized ear- uses, including a 2.5 mile canyon and LINS, and I had submitted that would marks, but they are not. They went lake, miles of walking and biking help preserve and rehabilitate historic through the Appropriations Com- trails, a cultural terrace, Orange Coun- lighthouses along the Maine coast. mittee, not the authorizing commit- ty’s largest sports park, a botanical At a time when our economy con- tees. They have never been judged by a garden, and a tethered helium observa- tinues to cascade downward with un- group of our peers. They weren’t voted tion balloon that will be an icon for the employment at record highs, I do be- on; they were inserted. We raise the Great Park. More than 3,885 of the 4,700 lieve it is critical to scrutinize the size specter of whether we can be trust- acres will be dedicated to open space, and scope of spending measures which worthy in front of the American peo- education, and other public uses.’’ is frankly what we did in regard to the ple. We need to work to regain their As found by the Los Angeles Times, recently enacted stimulus package—so trust. the Great Park also includes a $300,000 I understand the impetus behind my I will not say any more. This will tent designed to resemble an airplane colleague’s amendment. At the same speak a lot about our body and what hangar that costs $75,000 a year to time, regrettably, his amendment the American people say. I understand clean; a four-person visitor center crew would potentially harm not only the the votes are lining up. I understand hired under a $370,000 annual contract; existence of an historic emblem of my that. But I will assure you that I will a series of orange dots painted along State and our Nation, but also a key keep coming to the floor on earmarks— the park’s entrance road at a cost of economic catalyst for tourism that is not because I am against earmarks. If $14,000. part and parcel of my home State and you authorize an earmark, I will give Additional costs have included the livelihood of many of her citizens. you your right to do whatever you $838,000 to build a road to the balloon, Each lighthouse tells a different want to do. On unauthorized earmarks plant citrus trees and buy a $300,000 story and each one is as integral to the that aren’t vetted and are put out in special 50-by-50-foot tent that will history and narrative of our State as front of the rest of the Congress and serve as the visitor center, $380,000 a the magnificent landscapes on which the rest of the individuals on commit- year for two balloon pilots, a hostess they proudly stand. That is why, in tees to have a vote on whether they are and maintenance, $100,000 a year for a 1995, I introduced a bill that would a priority, I am going to keep raising balloon replacement fund, $94,000 a later become law to establish the that issue. I am sorry if that is irri- year for portable restrooms, $52,000 an- Maine Lights Program. We succeeded tating, but that is the way it is going nually for security between 1 and 5 in preserving this significant compo- to be. a.m., and $30,000 a year for trash re- nent of American heritage through col- moval. Mr. President, Senator BOXER de- laboration among the Federal Govern- This appropriation of almost half a fended an earmark she sponsored that I ment, the State of Maine, local com- million dollars could have gone to any have singled out as an example of mis- munities, and private organizations, of these initiatives none of which placed priorities. while at the same time, relieving what sound like true national priorities. The Boxer earmark, which is one of Local county officials were, in fact, had become a costly strain on the U.S. nearly 9,000 tucked into this bill, is outraged with what local funds were Coast Guard. Across the country, responsibility for listed on page 100 of the bill’s report being appropriated for. The bulk of the the care of our lighthouses has been as- and is described only as $475,000 ‘‘for first $52 million the city spent on this improvements to the Orange County project went to hire a team of dozens of sumed by nonprofit historic societies— Great Park’’ from the Economic Devel- design, engineering and public rela- many of which are struggling in these opment Initiatives to ‘‘Orange County tions consultants, to build the balloon uncertain economic times. That is why Great Park Corporation, CA.’’ ride and to pay administrative staff. this bill would appropriate $380,000 to Nothing more is stated as to the pur- ‘‘To have nothing more than a bal- the American Lighthouse Foundation, pose or intent of this earmark. loon and the possibility of a 27-acre stewards of 11 of Maine’s 83 historic Senator BOXER claimed that my crit- park is disappointing,’’ said county Su- lighthouses. icism of this earmark was an insult to pervisor Bill Campbel, ‘‘ They’re spend- I believe that the essential word in veterans in her state. This is appar- ing a lot on engineers, PR people and my previous sentence is ‘‘stewards’’— ently because the unwritten and un- other things, and they’re not deliv- because the structures are still feder- specified intention of the earmark ac- ering.’’ ally owned property. It is not private cording to her statement is to restore State Assemblyman Todd Spitzer—a property, it is not city or town prop- the El Toro Marine Corps Air Station Republican from Orange Country—also erty or even State property, but Fed- Hangar Number 244 into a history mu- criticized the city for not building eral property. It is also imperative to seum and welcoming center. recreation facilities that could be used note that these lighthouses are oper- The reality is this type of legislating by the public, while wasting money on able aids to navigation. Lighthouses without transparency is an insult to all ‘‘a ridiculous, oversized balloon and may seem a quaint relic of a bygone taxpayers. free rides.’’ era, however they are not an anachro- With nearly 9,000 earmarks in this With a state-wide unemployment nism. Daily, lighthouses lead our Na- bill described with nothing more than a rate at over 10 percent and almost 2 tion’s mariners and fishermen away few words or a single vague phrase, it million unemployed, Californians may from danger. is next to impossible for anyone other also prefer these funds to be spent on Given that the maintenance of light- than the Senators and lobbyists who other more pressing priorities. houses is now being transferred under requested these earmarks to know the While we all want to honor the great the National Lighthouse Preservation real intent of how billions of dollars in sacrifices or our veterans, I do not be- Act from Federal ownership to non- taxpayer dollars are intended to be lieve this earmark is a national pri- profit historical societies like the spent. ority, especially in light of the poor American Lighthouse Foundation, the As I found from statements made by local spending decisions made in the task of providing the required re- the Senator from California and the past on this ambitious municipal park sources to ensure the longevity and vi- Great Park’s own Website, the Great project. Perhaps this money and the ability of these lighthouses would also Park ‘‘will be larger than New York’s billions spent on the other pork represent a welcomed economic boost Central Park and San Francisco’s projects in this bill could have been both to tourism and also to job cre- Golden Gate Park COMBINED.’’ better spent on veterans health care or ation. This municipal park is expected to survivor benefits for the spouses and The fact is, tourism has become in- cost $1.1 billion. Its main attraction is families of those who lost their lives creasingly crucial to Maine’s economy, a massive helium balloon operated by fighting for our great Nation. as manufacturing jobs have fled our

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Ultimately, by Providence Holy Cross Hospital in and, when income and fuel taxes are the Interior Appropriations Sub- Mission Hills, CA, to remove gang in- added, the Maine State government committee, rather than supporting di- signia tattoos of reforming gang mem- collected $429 million tourism-related rect funding, included language to pro- bers. It is an effective anti-crime pro- tax dollars in that year. vide the National Park Service the au- gram founded by Sister June The Maine State Planning Office, thority to expend up to $300,000 for the Wilkerson. which has quantified more precisely anniversary effort. For ex-gang members, having a tat- the pivotal role tourism plays in the The Park Service is expecting that too often means not getting hired for a Maine economy, found that in 2006, nearly 100,000 people will participate in job, or beaten or killed. It is that sim- tourism generated $10 billion in sales of the series of reenactments, dramatic ple. It is that effective. goods and services, 140,000 jobs, and $3 productions, family activities, and spe- I have a few comments about the bill billion in earnings. Tourism accounts cial tours that have been planned by as a whole and earmarks. I would also for one in five dollars of sales through- the John Brown Sesquicentennial like to note that this bill reflects a re- out Maine’s economy and supported Quad-State Committee. Supporting the duction in earmarks of 45 percent from the equivalent of one in six Maine jobs. events for such crowds at the Harpers fiscal year 2006 and a 5-percent reduc- The Planning Office also discovered Ferry National Historical Park will tion from last year. These initiatives are not a surprise that an estimated 10 million overnight largely be the burden of the National to anyone in this chamber. Every ear- trips and 30 million day trips were Park Service. Without the additional mark in this bill is on the Internet. taken that year in Maine, with trav- support, the agency reports that elers spending nearly $1 billion on lodg- A few Members are simply trying to planned activities at Harpers Ferry pick a project here and a project there ing, $3 billion on food, and $1 billion on would likely have to be reduced in recreational activities. to attack to further their effort to scope by 75 percent. amend and delay passage and possibly But those statistics are from 3 years As a Congress, we should be doing all kill this bill. ago—before the economy began to un- in our power to keep the unique his- ravel at an accelerating rate, and so We need to finish our work here. tory of our country alive and accessible I have no problems with reforming given these economic times con- to anyone who wants to learn. In better fronting all of us, the financial neces- the way we do business, in fact, in our understanding the significance of the sity of our lighthouses, especially to continuing effort to provide unprece- Harpers Ferry raid, we learn about our tourism, has grown, not dissipated. dented transparency to the process, And so, I urge my colleagues to de- Nation’s failures, our mistakes, and Chairman OBEY and I announced fur- feat this amendment and send a mes- the inequities of our past. But we also ther reforms to begin with the 2010 sage not only that historic preserva- learn about the values and ideals upon bills, including: (1) a further reduction tion of our nation’s prominent build- which our Nation was founded—the in earmarks. We have committed to re- ings and structures—like our light- values and ideals that have inspired ducing earmarks to 50 percent from fis- houses—continues to be in the national the American people throughout our cal year 2006 level; (2) posting requests interest, but also that tourism is an in- history. Writing about the thousands online to offer more opportunity for dustry we should be striving to support of soldiers who lost their lives during public scrutiny of member requests. as a key antidote to our ailing econ- the Civil War battle at Antietam, his- Members will be required to post infor- omy. torian Bruce Catton explained that mation on their earmark requests on Mr. BYRD. Mr. President, my col- those men did not die for a few feet of their web sites at the time the request league from Oklahoma has offered an a cornfield or a rocky hill. They died is made explaining the purpose of the amendment which seeks to eliminate that this country might be permitted earmark and why it is a valuable use of funding for 11 initiatives. Among those to go on, and that it might be per- taxpayer funds; and (3) early public dis- initiatives he seeks to eliminate is lan- mitted to fulfill the great hope of our closure to increase public scrutiny of guage authorizing the National Park Founding Fathers. committee decisions. Service to expend up to $300,000 to de- So may be said of all those coura- Earmark disclosure tables will be fray the costs of the events associated geous men who participated in the his- made publically available the same day with the 150th anniversary of John toric raid on Harpers Ferry. They paid as the House or Senate subcommittee Brown’s raid on the arsenal at Harpers the ultimate sacrifice to permit this rather than full committee reports Ferry. country to go on, to fulfill the great their bill or 24 hours before full com- For those whose memories need re- hope of our Founding Fathers. They mittee consideration of appropriations freshing, on the evening of October 16, sacrificed to promote and to protect legislation that has not been marked 1859, abolitionist John Brown led a the freedom and liberties of all Ameri- up by a Senate subcommittee. group of men to Harpers Ferry to seize cans. As President Abraham Lincoln I urge my colleagues to oppose this control of the town and steal weapons said of those soldiers who fell in the amendment. from the old Federal armory to be used Battle of Gettysburg, they ‘‘gave their The PRESIDING OFFICER. The ma- in the cause against slavery. By the lives that this Nation might live.’’ jority leader is recognized. morning of October 18, the engine Without this knowledge of our herit- Mr. REID. Mr. President, if I don’t house, later known as John Brown’s age, we cannot appreciate the hard-won finish my remarks before 5:35, I ask Fort, was surrounded by a company of freedoms that are now our birthright. that everybody recognize that the vote U.S. Marines under the command of As I have said before, one does not pro- may occur a minute or two right after COL Robert E. Lee of the U.S. Army. tect what one does not value. And one 5:35. With most of his men either dead or does not value what one does not un- This amendment directs the Senate captured, John Brown was taken into derstand. to eliminate 13 separate science and custody, tried, and found guilty of Mr. INOUYE. Mr. President, many of education projects from this bill. The treason, conspiring with slaves to my colleagues whose spending initia- Senator from Oklahoma claims these rebel, and murder. Although John tives are under attack by this amend- projects are somehow associated with a Brown’s short-lived raid on Harpers ment have spoken today to provide a lobbying outfit that is under some kind Ferry failed, his trial and execution more detailed explanation of what the of an investigation. He acknowledges helped to focus the Nation’s attention funding would be used for. that the quality of the congressionally on the moral issue of slavery and con- If we took the time to listen, we dis- directed spending is not questioned, stituted a major step toward the Civil covered that what may appear frivo- that the persons whose names are asso- War. lous based on a three word description ciated with these congressionally di- I had requested $300,000 to enable the is actually relevant to the programs rected funding matters are not in ques- National Park Service to fully support under which the funding is provided, tion. So what is this all about?

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.060 S04MRPT1 smartinez on PROD1PC64 with SENATE S2760 CONGRESSIONAL RECORD — SENATE March 4, 2009 I wish to remind my colleagues of the day, he filed a completely different The assistant legislative clerk read many reforms this Congress has im- amendment, No. 623, which he called to as follows: posed on the earmarking process. The the floor. That amendment purported CLOTURE MOTION days of unlimited and unaccountable to list earmarks in this bill that are as- We, the undersigned Senators, in accord- congressionally directed spending are sociated with this suspect lobbying or- ance with the provisions of rule XXII of the gone. Those days are behind us. We ganization. Then, after he presented Standing Rules of the Senate, hereby move passed the most sweeping ethics and No. 623 to the Senate, he realized he to bring to a close debate on H.R. 1105, the lobbying reform in the history of the had a project listed in this amendment Omnibus Appropriations Act. country—and rightfully so. We have for DePaul University that probably Harry Reid, Daniel K. Inouye, Patty never gone beyond that. had absolutely nothing to do with this Murray, E. Benjamin Nelson, Mark L. Last year, when we were back in lobbying group. So he got consent—we Pryor, Amy Klobuchar, Debbie power for the first time in a number of didn’t object to changing the amend- Stabenow, Bernard Sanders, Patrick J. ment—to remove that project from the Leahy, Sheldon Whitehouse, Byron L. years, we Democrats dramatically re- Dorgan, Richard Durbin, Charles E. duced the volume of earmarks in the list. Schumer, Jack Reed, Barbara A. Mi- bills—by 43 percent. In this bill, we re- That is the central point. We don’t kulski, Mary L. Landrieu, Jon Tester, duced them another 5 percent. The vol- necessarily know who the lobbying Tom Harkin. groups are behind the projects that are ume of earmarks is less than half what Mr. REID. Mr. President, I indicated asked to be appropriated by Members they were in 2006 when our Republican to my friend, the distinguished Repub- of Congress, just as Senator COBURN colleagues were in the majority. lican leader, that I would file a cloture didn’t know who the lobbyist was for Just as important, under our re- motion. I didn’t tell him when. I said it this project for DePaul. We don’t in- forms, each and every congressionally would be today. One reason I am doing directed spending earmark in this bill clude earmarks at the behest of lobby- ists; we include them at the behest of it now is that during the day we have is fully disclosed and transparent to had scores of other amendments filed. the public. What does that mean? Each elected Members of Congress. That is what the Appropriations Committee It is obvious there is no effort to help of these is backed by a letter from a us pass this extremely important legis- House or Senate sponsor certifying does. There are famous firms in town— lation. I think the time has come to that they and their family members bring it to a close. We can vote either have absolutely no financial interest in Tommy Boggs—everybody knows Pat- ton Boggs, but that firm has nothing in Friday morning or we can vote some- the earmark. For every one of these time tomorrow. Other amendments earmarks, the name of the grantee and here. They are a big lobbying outfit. Their name doesn’t appear on any- will be offered, and I understand that. the House or Senate sponsor are posted We will work with the minority as to on the Internet for the public to see. So thing. The only thing that appears is what is in the RECORD, and it is so what those amendments should be. We there is the name of the person re- know we have three pending. I have questing it, a certification that no one transparent, you could not try to hide anything if you wanted to anymore. talked to a number of other Senators benefits from it other than the person You have to list everything, and it ap- on the Republican side who want to to whom the money is directed, and pears in the RECORD days before we offer amendments. We will take those they are posted on the Internet before vote on it. into consideration. any of these are voted on in the House For the projects I champion in Ne- Mr. President, I ask that the manda- or Senate. vada, I don’t check to find out if a lob- tory quorum be waived. This amendment is the third separate byist cared. I don’t really care, Mr. The PRESIDING OFFICER. Without amendment the Senator from Okla- President. A lot of my constituents in objection, it is so ordered. homa sought to present to the Senate the city of Las Vegas, Clark County; Mr. REID. I yield the floor. on this topic of congressionally di- the city of Reno, Boulder City; North The PRESIDING OFFICER. The rected spending. Everybody knows how Las Vegas, and the universities have question is on agreeing to amendment I feel about these. I am a Member of lobbyists. I don’t give those entities I No. 610, offered by Senator COBURN. the Congress of the United States. I be- just mentioned an earmark because Mr. REID. Mr. President, I ask for lieve in the Constitution. I believe that some lobbyist asked for it. I support the yeas and nays. when the Founding Fathers set up this projects in Nevada because they are The PRESIDING OFFICER. Is there a country, they set up three separate and brought to me by my mayors, commu- sufficient second? There is a sufficient equal branches of Government. What nity organizations, and universities. I second. Congress has been doing since we be- support them because I believe they The clerk will call the roll. came a country is have the Congress will improve the lives of people in my The assistant legislative clerk called involved in where spending takes place. State. the roll. I have an obligation to the people of We cannot start picking and elimi- Mr. DURBIN. I announce that the Nevada to make sure there is not some nating earmarks because we think we Senator from North Dakota (Mr. bureaucrat down in one of these big of- know who the lobbyist may be, just CONRAD) and the Senator from Massa- fices in Washington, DC, who deter- like DePaul University. Lobbyists chusetts (Mr. KENNEDY) are necessarily mines every penny spent in Nevada. I don’t face the voters. Lobbyists are not absent. think I have a better outlook on this accountable for the merits of these Mr. KYL. The following Senators are than a lot of people who are bureau- projects, and nobody has focused more necessarily absent: the Senator from crats. I have been here going on 27 attention on lobbyists than President Nebraska (Mr. JOHANNS) and the Sen- years, and I have done my best to di- Obama. Congressmen and Senators are ator from Alabama (Mr. SESSIONS). rect congressional spending to places accountable for these projects, not lob- The PRESIDING OFFICER. Are there in Nevada where I think it helped. It byists. Congressmen and Senators will any other Senators in the Chamber de- has helped. I am one who believes we be held accountable by constituents, siring to vote? are going to reduce these earmarks not lobbyists. Every one of these objec- The result was announced—yeas 34, even more. We have made that com- tions to funding that the Senator from nays 61, as follows: mitment. But no one should lecture me Oklahoma has raised has the name of a on what my role is as a Member of Con- Member of Congress by it. That is the [Rollcall Vote No. 79 Leg.] gress. person responsible. YEAS—34 I say that this amendment, I repeat, I hope my colleagues will join me in Barrasso Crapo Inhofe is the third separate amendment the defeating this vexatious amendment Bayh DeMint Isakson Senator from Oklahoma has sought to which is without any foundation. Bennet Ensign Kyl Brownback Enzi Lugar present on this topic. A couple of days CLOTURE MOTION Bunning Feingold Martinez ago, the Senator filed amendment No. Mr. President, I send a cloture mo- Burr Graham McCain 609 to address this lobbying outfit tion to the desk. Chambliss Grassley McConnell Coburn Gregg Nelson (FL) known as PMA. I don’t even know what The PRESIDING OFFICER. The Corker Hatch that stands for; I have no idea. Yester- clerk will read the motion. Cornyn Hutchison

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.061 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2761 Risch Thune Vitter McConnell Roberts Vitter The other three amendments have Roberts Udall (CO) Wicker Murkowski Shelby Wicker Nelson (FL) Snowe had some discussion but we will have NAYS—61 Risch Thune to have some more because, of course, Akaka Gillibrand Nelson (NE) NAYS—52 they were laid down yesterday. Alexander Hagan Pryor I think that gives the body an under- Baucus Harkin Reed Akaka Harkin Reed standing of where we are and where we Begich Inouye Reid Baucus Inouye Reid Bennett Johnson Rockefeller Begich Johnson Rockefeller are going to go tomorrow. We will Bingaman Kaufman Sanders Bingaman Kaufman Sanders probably come in about 9:30 tomorrow Boxer Kerry Bond Kerry Schumer Schumer and try to work through these amend- Brown Kohl Boxer Klobuchar Shaheen Shaheen Brown Kohl Burris Landrieu ments. Shelby Specter Burris Landrieu Byrd Lautenberg Stabenow The PRESIDING OFFICER. The Sen- Snowe Cantwell Leahy Byrd Lautenberg Tester ator from Mississippi is recognized. Cantwell Leahy Specter Cardin Levin Udall (CO) AMENDMENTS NOS. 634, 613, AND 638 Cardin Levin Stabenow Carper Lieberman Udall (NM) Carper Lieberman Tester Casey McCaskill Mr. COCHRAN. Madam President, in Voinovich Casey Lincoln Udall (NM) Dodd Menendez Warner keeping with the statement of the ma- Cochran McCaskill Voinovich Dorgan Merkley jority leader, I ask unanimous consent Collins Menendez Warner Durbin Mikulski Webb Dodd Merkley Webb Feinstein Murray Whitehouse that the pending amendments be set Dorgan Mikulski Whitehouse Gillibrand Nelson (NE) Wyden aside and that amendment No. 634 by Durbin Murkowski Wyden Hagan Pryor Senator KYL, No. 613 by Senator Feinstein Murray NOT VOTING—4 INHOFE, and No. 638 by Senator CRAPO NOT VOTING—4 Conrad Kennedy be called up. Conrad Kennedy Johanns Sessions The PRESIDING OFFICER. Is there Johanns Sessions The amendment (No. 623), as modi- objection? The amendment (No. 610) was re- fied, was rejected. Without objection, it is so ordered. jected. Mrs. MURRAY. Madam President, I The clerk will report. Mrs. MURRAY. Mr. President, I move to reconsider the vote and I move The legislative clerk read as follows: move to reconsider the vote. to lay that motion on the table. The Senator from Mississippi [Mr. COCH- Mr. LEAHY. I move to lay that mo- The motion to lay on the table was RAN], for Mr. KYL, proposes an amendment tion on the table. agreed to. numbered 634. Mr. SCHUMER. Madam President, I The Senator from Mississippi [Mr. COCH- The motion to lay on the table was RAN], for Mr. INHOFE, proposes an amend- agreed to. suggest the absence of a quorum. The PRESIDING OFFICER. The ment numbered 613. AMENDMENT NO. 623, AS MODIFIED clerk will call the roll. The Senator from Mississippi [Mr. COCH- The PRESIDING OFFICER. There The bill clerk proceeded to call the RAN], for Mr. CRAPO, for himself, Mr. VITTER, will now be 2 minutes of debate equally and Mr. CORKER, proposes an amendment roll. numbered 638. divided before a vote on amendment Mr. REID. Madam President, I ask No. 623, as modified. unanimous consent the order for the The amendments are as follows: The Senator from Oklahoma. quorum call be rescinded. AMENDMENT NO. 634 Mr. COBURN. Mr. President, I yield The PRESIDING OFFICER. Without (Purpose: To prohibit the expenditure of back my time. objection, it is so ordered. amounts made available under this Act in Mrs. MURRAY. I yield back our Mr. REID. Madam President, we have a contract with any company that has a business presence in Iran’s energy sector) time. now pending three votes; three amend- The PRESIDING OFFICER. All time ments are still pending. I have spoken At the appropriate place, insert the fol- lowing: is expired. to the distinguished manager of the bill on the Republican side. He wishes SEC. ll. (a) Except as provided under sub- The yeas and nays have not been or- section (b), none of the funds made available dered. to offer an amendment on behalf of under this Act may be spent by a Federal Mr. COBURN. I ask for the yeas and Senator KYL, Senator CRAPO, and one agency in a new contract or other expendi- nays. by Senator INHOFE. Is that right, I say ture of Federal funds with a company identi- The PRESIDING OFFICER. Is there a through the Chair to my friend from fied by the Department of the Treasury Of- sufficient second? Mississippi? fice of Foreign Assets Control (OFAC) as There is a sufficient second. Mr. COCHRAN. Madam President, having a business presence in Iran’s energy sector, including Iran’s refineries, gasoline, The clerk will call the roll. the leader is correct. Mr. REID. That gives us six votes to refined petroleum products, and oil and nat- The bill clerk called the roll. work out sometime tomorrow. I think, ural gas fields. Mr. DURBIN. I announce that the from our perspective, we are drawing (b) The President may waive the applica- Senator from North Dakota (Mr. tion of subsection (a), on a case-by-case to the end of a little situation on which CONRAD) and the Senator from Massa- basis, if the President— we have been here all week. I think we chusetts (Mr. KENNEDY) are necessarily (1) determines that such waiver is nec- have given everyone the opportunity to absent. essary for the national security interests of offer amendments. We have filed now the United States; and Mr. KYL. The following Senators are about 70-some-odd amendments. I (2) submits an unclassified report to Con- necessarily absent: the Senator from think we have been more than reason- gress, with a classified annex if necessary, Nebraska (Mr. JOHANNS) and the Sen- able on this bill. The time for this CR that describes the reasons such waiver is ator from Alabama (Mr. SESSIONS). runs out the day after tomorrow. necessary. The PRESIDING OFFICER (Ms. Originally, as some will recall, Fri- AMENDMENT NO. 613 CANTWELL). Are there any other Sen- day was listed as a ‘‘no vote’’ day and (Purpose: To provide that no funds may be ators in the Chamber desiring to vote? we were hopeful that could take place. made available to make any assessed con- The result was announced—yeas 43, I am still hopeful we can work out tribution or voluntary payment of the nays 52, as follows: something tomorrow. If we cannot United States to the United Nations if the [Rollcall Vote No. 80 Leg.] United Nations implements or imposes any work out something with the minority taxation on any United States persons) YEAS—43 tomorrow, we will have a cloture vote, On page 942, between lines 14 and 15, insert Alexander Cochran Gregg probably about 9:30 on Friday. We hope the following: Barrasso Collins Hatch that is not necessary but that we will RESTRICTION ON ASSESSED CONTRIBUTIONS AND Bayh Corker Hutchison see. We are going to do our best. Bennet Cornyn Inhofe VOLUNTARY PAYMENTS TO UNITED NATIONS Bennett Crapo Isakson I have been informed by the distin- guished manager of the bill on the Re- SEC. 7093. None of the funds appropriated Bond DeMint Klobuchar or otherwise made available under any title Brownback Ensign Kyl publican side that he believes that each of this Act may be made available to make Bunning Enzi Lincoln of the three Senators—CRAPO, INHOFE Burr Feingold Lugar any assessed contribution or voluntary pay- Chambliss Graham Martinez and KYL—would agree to time agree- ment of the United States to the United Na- Coburn Grassley McCain ments on their amendments. tions if the United Nations implements or

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.025 S04MRPT1 smartinez on PROD1PC64 with SENATE S2762 CONGRESSIONAL RECORD — SENATE March 4, 2009 imposes any taxation on any United States Total Funding Jason helped us fight a 10-year battle persons. Outlays ...... 1,104,500 and finally was successful. Senate 302(a) allocation: AMENDMENT NO. 638 The people of all of Louisiana will be Budget Authority ...... 1,012,686 grateful for many years for his service. (Purpose: To strike a provision relating to Outlays ...... 1,107,004 Federal Trade Commission authority over House-Passed Bill Com- He has led the people of Louisiana to home mortgages) pared To: great achievements. He has served the Strike section 626 of title VI, of Division D. Senate 302(a) allocation: people of our country well. I wanted to (At the request of Mr. REID, the fol- Budget Authority ...... 0 pay tribute to him today and to wish lowing statement was ordered to be Outlays ...... ¥2,504 him the best as he goes on to future en- printed in the RECORD.) Note: The bill also includes $100 million in emer- deavors here in the Washington, DC, gency funding for the Secret Service.∑ ∑ Mr. CONRAD. Madam President, I area. wish to offer for the record the Budget Mr. REID. Madam President, I sug- f gest the absence of a quorum. Committee’s official scoring of H.R. TROUBLED ASSET RELIEF PRO- 1105, the Omnibus Appropriations Act The PRESIDING OFFICER. The clerk will call the roll. GRAM OVERSIGHT ENHANCE- for fiscal year 2009. MENT ACT The bill, as passed by the House, pro- The bill clerk proceeded to call the Mr. INHOFE. Madam President, to vides $407.6 billion in nonemergency roll. date, over 380 companies have received discretionary budget authority, BA, for Mr. WARNER. Madam President, I some $300 billion taxpayer dollars from fiscal year 2009, which will result in ask unanimous consent that the order for the quorum call be rescinded. the Troubled Asset Relief Program, new outlays of $244.5 billion. When out- supposedly to improve their financial lays from prior-year budget authority The PRESIDING OFFICER. Without objection, it is so ordered. stability. These include some of the are taken into account, discretionary largest corporations and financial in- f outlays for the bill will total $468.1 bil- stitutions in America. lion. MORNING BUSINESS Yet in recent years, many of these The bill also includes $100 million in Mr. WARNER. Madam President, I same firms found enough money to emergency discretionary BA for 2009 ask unanimous consent that the Sen- contribute annually to some of the resulting in $85 million in new outlays ate proceed to a period of morning most radical organizations in the na- for the Secret Service. business, with Senators permitted to tion. When the nonemergency funding in speak therein for up to 10 minutes They have donated large sums to H.R. 1105 is combined with the funding each. ACORN, Friends of the Earth, Planned included in H.R 2638, the Consolidated The PRESIDING OFFICER. Without Parenthood, the Natural Resources De- Security, Disaster Assistance, and Con- objection, it is so ordered. fense Council, and Conservation Inter- tinuing Appropriations Act for fiscal national Foundation, to name just a year 2009, the overall level equals the f few. The vast majority of Americans do Appropriations Committee’s 302(a) al- HONORING JASON MATTHEWS not support the agendas of these fringe location for budget authority and is Ms. LANDRIEU. Madam President, I groups, whose excesses have been well- $2.5 billion below the committee’s allo- wish to pay tribute to a young man documented over the years. cation for outlays. who worked for me for many years—ac- Companies that get bailed out cannot carry on as if it were business as usual. Each appropriations subcommittee tually, for 12 years. He has been a very They should not grab for taxpayer dol- included in H.R. 1105 is at its respective vital part of the Landrieu staff. He is lars help with one hand and give money 302(b) suballocation for budget author- retired. He left our office after 12 years to these radical organizations with the ity and outlays. of wonderful service. other. The bill would cause the 2009 budget Jason Matthews started out with me resolution spending aggregates to be That is why I have introduced the as an assistant in my first campaign Troubled Asset Relief Program Over- exceeded and would therefore be sub- for the Senate as literally a young kid ject to a point of order under Section sight Enhancement Act. right out of college. He worked his way This legislation would let us see how 311(a)(2)(A) of the Congressional Budget up. He had no real political connec- Act. In addition, several provisions in these companies are spending their tions other than just a passion for the money. If they are not focused on in- the bill make changes in mandatory work, a heart for people, and a good programs—CHIMPs—that are subject creasing their solvency or liquidity, if mind. He came to Washington with me they are not working on lending to to a point of order under section 314 of 12 years ago and started out, maybe S. Con. Res. 70, the concurrent budget small businesses and individuals, if even answering the phones some days, they are not helping get this economy resolution for fiscal year 2009. Finally, and worked his way up as military LA the bill includes an emergency designa- back on track, and are instead financ- and then as legislative director and ing extremist organizations, then the tion pursuant to section 204 of S. Con. then general counsel and then left our Res. 21, the concurrent resolution on American people need to know about office with the title chief of staff. it. the budget for fiscal year 2008. No other Besides serving with such great points of order lie against the bill as ‘‘Transparency’’ is one of the new humor and a great mind for policy and, watchwords in Washington. Let’s have passed by the House. as I said, a great heart for people, he I ask unanimous consent that the some of that transparency for the sake served with great cheer through very of the American taxpayers, who de- table displaying the Budget Committee difficult times that our office and scoring of the bill be printed in the serve to see how these companies are many of my colleagues from Louisiana behaving after receiving hard-earned RECORD. have been through considering the There being no objection, the mate- tax dollars. storms of the past recent years and the f rial was ordered to be printed in the extra work our staffs have had to go RECORD, as follows: through because of them. Jason led IDAHOANS SPEAK OUT ON HIGH HR. 1105, Omnibus Appropriations Act, 2009 that effort with good humor. Because ENERGY PRICES [Spending comparisons—House Passed Bill (in of him, many wonderful accomplish- Mr. CRAPO. Madam President, in millions of dollars)] ments in our office have been achieved. mid-June, I asked Idahoans to share Total Funding One I will mention, and I will share the with me how high energy prices are af- House-Passed Bill: rest for the record, is Louisiana’s long- fecting their lives, and they responded Budget Authority ...... 407,602 standing effort to achieve some bal- by the hundreds. The stories, num- Outlays ...... 468,067 ance and fairness in the distribution of bering well over 1,200, are heart- Previously-enacted: Budget Authority ...... 605,084 oil and gas royalties and revenues breaking and touching. While energy Outlays ...... 636,433 which interior States have enjoyed prices have dropped in recent weeks, Total: since 1927 and coastal States have not the concerns expressed remain very rel- Budget Authority ...... 1,012,686 because of the peculiarity in the law. evant. To respect the efforts of those

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.023 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2763 who took the opportunity to share make my supplies last me a lot longer. Since The argument that oil companies have their thoughts, I am submitting every the price of gas has gone so high, I have a lot ‘‘lots of unused land they have leases on’’ is e-mail sent to me through an address less money to buy food after I fill my truck an argument from someone with no idea of set up specifically for this purpose to with gas. I go nowhere else except to the doc- how the system works. The companies lease tor. the land to explore and then develop when it the CONGRESSIONAL RECORD. This is not Congress talks about everyone conserving is profitable. The oil companies know the po- an issue that will be easily resolved, and using less, but how much less do you in- tential of lands under their leases by geo- but it is one that deserves immediate tend for us to conserve. We could go back to logic maps and test drilling, and for many and serious attention, and Idahoans de- the 18th century and become a Third World areas the time/price is not right for extrac- serve to be heard. Their stories not country, but that seems a little bleak, does tion of that oil to be profitable. On other only detail their struggles to meet ev- not it! I do not understand why our Con- acres under lease there may be no oil at all! Oil speculation is another issue that keeps eryday expenses, but also have sugges- gressmen are working so hard to make it a reality. us on high alert. I understand the rules have tions and recommendations as to what Congress also tells us to use alternative been changed to allow wild speculation with- Congress can do now to tackle this sources of energy, but there are no sources out controls. It is time for the US to become problem and find solutions that last be- available, affordable, or viable. Congress is energy self-sufficient, including the use of yond today. I ask unanimous consent making laws to force us to use energy our own oil, wind and other resources. to have today’s letters printed in the sources that have not been invented yet (just JAMES, Boise. RECORD. talked about) or have not been perfected. Please weigh the consequences of your ac- So, how are gas prices affecting us? Not There being no objection, the mate- much. You see, we have always considered it rial was ordered to be printed in the tions. The quality of life and the security of America are at stake. Please tell your fellow a civic duty to try and limit our use of our RECORD, as follows: Congressmen to do what is best for our sur- natural resources. We drive modest, fuel-effi- I run a small 1-man truck brokerage busi- vival and our way of life. cient cars. We choose to live in an area that ness. The fuel prices are all but driving my JIM. allows us options to use alternate transpor- company out of business. The quotes I re- tation such as bicycles, public transport, and ceive from truckers leave little to no room We can all say our woes, and how much it walking. I am not writing this to be smug. for me to make a living. I have been in the cost, but we have to keep going. What I do My point is that citizens can, and should, transportation business for over twenty not get it, why are we not using our own re- take measures to reduce their use of fossil years and this is the first time I feel I will sources? Why are we not becoming self suffi- fuels. Nowhere in the Constitution does it have close my company. Any assistance that cient. If we are ever under attack, I ask you, guarantee cheap gas. can be offered to help lower fuel prices would who will come to our aid? Exactly—no one! Just as I think the citizens have a duty to be greatly appreciated. Also, health care We need to pull back to the basics here. We limit their use of natural resources, I think needs a serious reform. For the first time in are fighting terrorist, as rightly we should. our political leaders need to make the tough my adult life, my insurance premiums ex- But, they cannot just hurt us with guns and call and instead of reading melodramatic let- ceed my home mortgage payment. If all this bombs. They can infect our food we receive ters about someone not being able visit their keeps up, I will be forced to choose between from overseas, send disease, and undermine dying relative, explain to them that the days my home and my insurance. My vote this our food sources, our fuel sources. This does of cheap gas are gone and we need to invest next election depends on who is willing to not take a rocket scientist to figure out. I in public transport and more fuel efficient actually help with these issues. Something am just a wife, mother, grandmother work- vehicles. The drumbeat for more drilling is must change soon or millions of Americans ing her everyday job and I can see the light. not the answer either. Our political leaders will be in financial trouble. America needs to wake up before we are in are doing a disservice to us by bringing up the issue. We need to wean ourselves from RANDY. worse shape than we are now. We send so much overseas. Send them the knowledge to our reliance on oil and not add to it. Boise is a great city and could be a leader We need to let technology repair this gas care for themselves. We import so much; in innovative alternatives to gas guzzling ve- war. It has been said that necessity is the why-I have no idea. Wonder why we have so hicles caught in gridlock. It will take strong mother of invention. We need to loosen up on many out-of-work people. We do nothing but political will and citizens ready to do their new oil well drilling and other forms of en- outsource everything and take away from civic duty to their neighbors and their chil- ergy. The communities that have the wind our own American families. And why? turbines and oil wells should have cheaper I have lived in Nebraska and Kansas; I see dren. IM, power and fuel. It really eats at Idahoans in oil pumps standing still. Can you please ex- T Boise. Idaho Falls to have wind turbines in our plain why that is? I see no reason. Please, If we would drill for our own oil instead of yards and not reap the benefits. We need a this is your country going down the tubes allowing our enemies drill for our oil it few nuclear reactors making energy and eth- and no one is going to save it but us. would make a big difference. Another anol. We need to remove fields from CRP and CINDY. thought that might help would be to at least give farmers incentives to plant. We need limit the amount of refined oil that leaves technology to invent better engines that use Thank you for the opportunity to express our country and keep it here it would also higher blends of ethanol and less oil-based my thoughts on the current gasoline price/ make a big difference. oil price fiasco. As an retiree in the state of fuels. In the meantime, record numbers of BOB and CINDY. Americans are going to go broke. I person- Idaho, I have a fixed income. It is not quite ally have cut back my driving by half. to the point of ‘‘gas or food,’’ but could be Thank you for the opportunity to speak TODD, Idaho Falls. soon under the current trend. We have sig- out. I have lived in Idaho Falls my whole nificantly altered the way we live. life. I am a father of three, married, and have The president needs to overturn the execu- Some people have said how much it now a modest home. Over the past five years, my tive order not to develop natural energy re- costs them to go to the coast. We cannot af- wife and I have made it our goal to get out sources. [Conservatives] need to be hollering ford to go to the coast as much as I would of debt, pay off our home early, and save for to anyone who will listen that we need oil, like to see family and do some chartered retirement. I am sure you have heard similar natural gas, coal production and nuclear fishing. We carefully evaluate local trips to stories before. I am an average guy, with an power plants. Americans are not against al- see if they are truly necessary, and attend- average income, with an average house. ternative energy, but let us develop it before ance at many events within a couple hours In order to put things into perspective, I we shut off the oil spigot. The Green move- drive is eliminated. The cost of oil is tied to would like to go back to December 2002. Gas ment is whispering in the ears of the [lib- most things for transportation, extraction/ prices at that time were $1.30 per gallon give erals] and they have no choice but to be harvesting and processing. That results in or take a few cents. In 2003, they rose to against developing our petroleum resources. less we can buy as the cost goes up. $1.80. By 2004, they rose again to nearly $2.00 Believe me, [liberals] drive as much as I do It seems we are unofficially under ‘‘eco- per gallon. In 2005 we saw prices hit $2.50 and are as mad. Help us go forward. There nomic sanctions’’ by OPEC.’’ Under a pure mark and above. By 2006, Idahoans were pay- needs to be leadership in D.C., let [liberals] supply and demand situation, we should see ing $3.00 and above for a gallon of gas. As keep saying no to oil, they will cut their own the price of oil/gasoline drop when the de- 2007 approached, gas prices were in the $3.50 throat. If nothing is done, 1861 is around the mand drops. Lately when we drop our de- range. As we approach the mid-point of sum- corner. T mand for oil, the OPEC scales back oil pro- mer 2008, a gallon of fuel is now at the $4.00 WADE. duction-keeping the supply low to keep the mark for regular. I might add here that gas demand up and the prices high. This is basi- is typically cheaper as winter approaches Thank you for working hard for us in cally declaring economic war on the world in and demands for fuel are not as great. So Idaho. I am a 64 year old man, disabled and general, and the US in particular. We need to these figures are just representative numbers on SSA. I have a wife and a 14-year-old son. increase our production to override some of at a glance. I live 50 miles from the nearest place where this manipulation of our economy. It is time As you can see, a gallon of gas has tripled I can shop for food and supplies. I use to go to remove the restrictions on energy devel- in price since 2002. If you were to look at his- to town once a month. Now I have to try to opment from oil shale. torical data, you would find that gasoline

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.007 S04MRPT1 smartinez on PROD1PC64 with SENATE S2764 CONGRESSIONAL RECORD — SENATE March 4, 2009 prices were stable from about 1985 through through November so I would not have to fill day 11 to 12 hours. I live in a rural area of most of 2002. For about 17 years, Americans the pick-up with gas too much. Government Canyon County, so ride-sharing or car- enjoyed what I would consider a fair price for wants us to recycle to help environment and pooling is not a viable option for me. I have a gallon of gas. I did some research on cur- I am all for it, but when we try to do our to drive 18 miles to work so riding a bike is rent gas prices in Iran and Iraq. part, we do not get any help in return. If you not an option especially after putting in a 12 Currently Iran pays 5 cents per liter and do get an electric car which no one can af- hour day. I drive a small pick up Chevy S–10 Iraq pay 8 cents per liter. If you were to con- ford but the wealthy. to help reduce my gas usage, my wife in I vert liters to gallons, it would take 3.78 li- I see my single parent daughter trying to traded in our ford tarsus for a KIA Spectra ters per gallon. If you were to buy 4 liters of commute and make ends meet and it gets in- last November to help save money and pro- gas (over a gallon), it would cost 20 cents in creasingly difficult because with gas prices tect our budget of the current (November 07) Iran, 32 cents in Iraq. See link for pricing she goes with less food for family, etc. high gas prices. http://www.nationmaster.com/red/graph/ I think it is outrageous for our country What I can say is that the only way out of enelgaslpri-energy-gasoline- and politicians to allow these price increases our current situation is for our Congress to prices&bldesc=1. I could go on, but you get when we have the means to take care of this show OPEC, that we are willing to take back the point. Oil being produced by these coun- country. 20 years ago they spoke of getting control of our oil dependence. tries is reaping the benefit of cheaper prices. alternatives and did not push this issue and ROBERT. I must digress a moment. I now need to had they done so much more could have been complain. Remember, I am the average guy done. I am afraid that before long we will see f with the average income. I would like to talk violence in this country mainly because our about how rising fuel prices have affected my jobs are gone, price increases in every area of MESSAGES FROM THE PRESIDENT family. As fuel prices rise, so have other products, but no one ever increases the Messages from the President of the commodities. Produce, meats, poultry, wages to meet the demands of other in- United States were communicated to grains, and dairy have all spiked in the last crease. What is the matter with people in government and businesses? the Senate by Mrs. Neiman, one of his year. Consumer goods and durables have also secretaries. risen. The past three years have been very I do not like to see government control but difficult to stay on a budget since gas prices because our business people will not use f have raised so dramatically. Our family is common sense to see what happens when the committed to stay out of consumer debt. We jobs go there is not sufficient jobs to go and EXECUTIVE MESSAGES REFERRED have no credit cards nor do we have any buy the products. What is wrong with this picture? We need to start taxing products As in executive session the Presiding store credit that we borrow from. Both of the Officer laid before the Senate messages vehicles we own are pre-2000 year models. We from overseas that come here so business’s do not overspend what we make but we feel will come back to the states and put our peo- from the President of the United the crunch and feel that we make less money ple back to work. How sad our government States submitting sundry nominations now than when we did four years ago. The has deserted their own people. which were referred to the appropriate I am hoping with all my heart that some- dollar just does not stretch enough these committees. one will step up to the plate and really try to days. It is frustrating and depressing as we make a difference. We have to do something (The nominations received today are budget our money each month down to the as everything is getting out of control and it printed at the end of the Senate pro- penny. is sad because of what our forefathers have ceedings.) Now that I have got that off my chest, tried to do before us to make it a great coun- what is the solution? I firmly believe that f try. I am angry and I do not like politics but America has the technology now to manufac- when I see people trying to do well for their ture and make our own fuels. There are NOTICE RELATIVE TO THE CON- families and that means is taken away from many alternative fuels out there that can TINUATION OF THE NATIONAL them someone needs to speak up. and already have been developed. Grain alco- EMERGENCY WITH RESPECT TO DEVERA, Nampa. hol is viable. Continued exploration of fossil THE ACTIONS AND POLICIES OF fuels is also very important. Alternative en- Many of our family members are opting CERTAIN MEMBERS OF THE GOV- ergy sources need to be used more. Wind out of a treasured activity this summer be- ERNMENT OF ZIMBABWE AND Power in south east Idaho needs to be cause of the fuel prices: we normally have a OTHER PERSONS TO UNDERMINE tapped. Solar energy is another avenue. Elec- family reunion (as everyone is all over the tric cars are also viable and cheaper to drive ZIMBABWE’S DEMOCRATIC PRO- place) and meet each other and catch up. CESSES OR INSTITUTIONS—PM 10 and cleaner than any gas engine. Countries Many aren’t coming because as they said, ‘‘I that manufacture their own fuels always pay just cannot afford to pay the gas to drive The PRESIDING OFFICER laid be- less at the pump. Why cannot we do the there and plane tickets are just as expen- fore the Senate the following message same? Another idea is to offer incentives to sive.’’ My sister and I would not think twice from the President of the United states to develop, manufacture, and sell the normally about taking a drive down to our States, together with an accompanying cheapest (and best) fuels. Regardless of what relatives or drive to get to our vacation spot, people think, nuclear power is one of the but now we are rethinking going on vacation report, which was referred to the Com- cheapest and cleanest sources of power on at all. My family and I have also started mittee on Banking, Housing, and the planet. There are many countries that buying online because it is cheaper than Urban Affairs: use nuclear power (Japan) and have for many driving around town to find what we need. To the Congress of the United States: years without mishap. We need to move for- We have also cut down our ‘‘dining out’’ to ward start implementing existing tech- practically once every two months (if that). Section 202(d) of the National Emer- nology that is proven to work. If the local businesses aren’t feeling the con- gencies Act (50 U.S.C. 1622(d)) provides Again, my ideas are not new. This tech- sequences of that, I’ll be surprised because for the automatic termination of a na- nology is here now. It has been developed. my family is not the only one that is doing tional emergency unless, prior to the We just need to implement it. Thank you for it. anniversary date of its declaration, the your time and hope this letter reaches you in We aren’t getting as much fresh produce in President publishes in the Federal Reg- good health. I think you are doing a super our diets this year because they just cost too ister and transmits to the Congress a job for us in the Senate. much (the grocer claims that the fuel prices MARK, Idaho Falls. are affecting the food prices). This also notice stating that the emergency is to makes us buy less food and the cheaper continue in effect beyond the anniver- I would like to see the speed limit reduced brands. I have even caught myself of sus- sary date. In accordance with this pro- to 55 mph. Everybody knows how that would pecting the grocer and the gas station man- vision, I have sent the enclosed notice benefit energy and lives. The 75 mph speed ager of glutting themselves by gouging us to the Federal Register for publication, limit between Boise and Mountain Home with the ‘‘it is OPEC’s fault you pay so stating that the national emergency should be the first one reduced. Then cut the much’’ (and these people are my neighbors, with respect to the actions and policies 65 mph between Boise and Mc Call. (and right which makes me feel a little ashamed of my- up the line) self). of certain members of the Government DONABETH, Boise. All of this is only the parts of my life of Zimbabwe and other persons to un- where I have seen the biggest impact. I real- dermine Zimbabwe’s democratic proc- I am 63 years old and last year, right before ly cannot think of many aspects in my life esses or institutions is to continue in the prices went out of control, already had that have not been affected by the fuel hikes. effect beyond March 6, 2009. purchased an electric bike to use to get to Hope this enlightens you to the trials of at The crisis constituted by the actions work. Fortunately I only live a little over a least one voter. and policies of certain members of the mile away and can use this bike that goes 15 JEORGETTE. miles an hour. My determination to ride this Government of Zimbabwe and other bike increased as the hot days turned into I do not have much of a different story persons to undermine Zimbabwe’s colder ones and I was able to ride my bike than many other Idahoans. I work hard each democratic processes or institutions

VerDate Nov 24 2008 02:11 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.038 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2765 has not been resolved. These actions all levels in planning, interpreting, and pro- port Regulations; Proposed Revision to Re- and policies pose a continuing unusual tecting sites where historic battles were porting Requirements’’ ((Docket No. AMS- and extraordinary threat to the foreign fought on American soil during the armed FV-07-0110)(FV07-944/980/999-1 FR)) received in policy of the United States. For these conflicts that shaped the growth and devel- the Office of the President of the Senate on opment of the United States, and for other February 24, 2009; to the Committee on Agri- reasons, I have determined that it is purposes; to the Committee on Energy and culture, Nutrition, and Forestry. necessary to continue this national Natural Resources. EC–878. A communication from the Admin- emergency and to maintain in force the istrator, Agricultural Marketing Service, f sanctions to respond to this threat. Department of Agriculture, transmitting, BARACK OBAMA. MEASURES READ THE FIRST TIME pursuant to law, the report of a rule entitled THE WHITE HOUSE, March 3, 2009. ‘‘Irish Potatoes Grown in Washington; Re- The following bill was read the first laxation of Handling and Import Regula- f time: tions’’ ((Docket No. AMS-FV-08-0036)(FV08- TRANSMITTING CERTIFICATION H.R. 146. An act to establish a battlefield 946-1 FIR)) received in the Office of the acquisition grant program for the acquisi- President of the Senate on February 24, 2009; THAT THE EXPORT OF TWO EN- tion and protection of nationally significant to the Committee on Agriculture, Nutrition, VIRONMENTAL CHAMBERS TO BE battlefields and associated sites of the Revo- and Forestry. USED TO TEST AUTOMOTIVE lutionary War and the War of 1812, and for EC–879. A communication from the Admin- PARTS IS NOT DETRIMENTAL TO other purposes. istrator, Agricultural Marketing Service, Department of Agriculture, transmitting, THE U.S. SPACE LAUNCH INDUS- f TRY AND WILL NOT MEASUR- pursuant to law, the report of a rule entitled ABLY IMPROVE MISSILE OR EXECUTIVE AND OTHER ‘‘Nectarines and Peaches Grown in Cali- COMMUNICATIONS fornia; Changes in Handling Requirements SPACE LAUNCH CAPABILITIES for Fresh Nectarines and Peaches’’ ((Docket OF THE PEOPLE’S REPUBLIC OF The following communications were No. AMS-FV-08-0108)(FV09-916/917-1 IFR)) re- CHINA—PM 11 laid before the Senate, together with ceived in the Office of the President of the The PRESIDING OFFICER laid be- accompanying papers, reports, and doc- Senate on February 24, 2009; to the Com- fore the Senate the following message uments, and were referred as indicated: mittee on Agriculture, Nutrition, and For- EC–871. A communication from the Direc- estry. from the President of the United EC–880. A communication from the Admin- tor, Regulatory Management Division, Envi- States, together with an accompanying istrator, Agricultural Marketing Service, ronmental Protection Agency, transmitting, report; which was referred to the Com- Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled mittee on Foreign Relations: pursuant to law, the report of a rule entitled ‘‘Chlorothalonil; Pesticide Tolerances’’ ‘‘Olives Grown in California; Increased As- (FRL-8402-7) received in the Office of the To the Congress of the United States: sessment Rate’’ ((Docket No. AMS-FV-08- President of the Senate on February 26, 2009; In accordance with the provisions of 0105)(FV09-932-1 IFR)) received in the Office to the Committee on Agriculture, Nutrition, section 1512 of the Strom Thurmond of the President of the Senate on February and Forestry. National Defense Authorization Act for 24, 2009; to the Committee on Agriculture, EC–872. A communication from the Direc- Fiscal Year 1999 (Public Law 105–261), I Nutrition, and Forestry. tor, Regulatory Management Division, Envi- EC–881. A communication from the Admin- hereby certify to the Congress that the ronmental Protection Agency, transmitting, export of two environmental chambers istrator, Agricultural Marketing Service, pursuant to law, the report of a rule entitled Department of Agriculture, transmitting, to be used to test automotive parts is ‘‘Dimethomorph; Pesticide Tolerances’’ pursuant to law, the report of a rule entitled not detrimental to the U.S. space (FRL-8401-6) received in the Office of the ‘‘Grapes Grown in a Designated Area of launch industry, and that the material President of the Senate on February 26, 2009; Southeastern California; Decreased Assess- and equipment, including any indirect to the Committee on Agriculture, Nutrition, ment Rate’’ ((Docket No. AMS-FV-08- technical benefit that could be derived and Forestry. 0107)(FV09-925-2 IFR)) received in the Office EC–873. A communication from the Direc- of the President of the Senate on February from this export, will not measurably tor, Regulatory Management Division, Envi- improve the missile or space launch ca- 26, 2009; to the Committee on Agriculture, ronmental Protection Agency, transmitting, Nutrition, and Forestry. pabilities of the People’s Republic of pursuant to law, the report of a rule entitled EC–882. A communication from the Admin- China. ‘‘Famoxadone; Pesticide Tolerances’’ (FRL- istrator, Agricultural Marketing Service, BARACK OBAMA. 8400-9) received in the Office of the President Department of Agriculture, transmitting, THE WHITE HOUSE, March 3, 2009. of the Senate on February 26, 2009; to the pursuant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and f ‘‘Tart Cherries Grown in the States of Michi- Forestry. gan, et al.; Final Free and Restricted Per- MESSAGE FROM THE HOUSE EC–874. A communication from the Direc- centages for the 2008–2009 Crop Year for Tart tor, Regulatory Management Division, Envi- Cherries’’ ((Docket No. AMS-FV-08- At 12:01 p.m., a message from the ronmental Protection Agency, transmitting, 0089)(FV09-930-1 FR)) received in the Office of House of Representatives, delivered by pursuant to law, the report of a rule entitled the President of the Senate on February 26, Mrs. Cole, one of its reading clerks, an- ‘‘Fluazifop-P-butyl; Pesticide Tolerances’’ 2009; to the Committee on Agriculture, Nu- nounced that the House has passed the (FRL-8401-1) received in the Office of the trition, and Forestry. following bills, in which it requests the President of the Senate on February 26, 2009; EC–883. A communication from the Execu- concurrence of the Senate: to the Committee on Agriculture, Nutrition, tive Director, Commodity Futures Trading and Forestry. Commission, transmitting, pursuant to law, H.R. 146. An act to establish a battlefield EC–875. A communication from the Direc- the report of a rule entitled ‘‘Proceedings acquisition grant program for the acquisi- tor, Regulatory Management Division, Envi- Before the Commodity Futures Trading tion and protection of nationally significant ronmental Protection Agency, transmitting, Commission’’ (RIN3038-AC50) received in the battlefields and associated sites of the Revo- pursuant to law, the report of a rule entitled Office of the President of the Senate on lutionary War and the War of 1812, and for ‘‘Propoxycarbazone; Pesticide Tolerances’’ March 2, 2009; to the Committee on Agri- other purposes. (FRL-8400-4) received in the Office of the culture, Nutrition, and Forestry. H.R. 548. An act to assist citizens, public President of the Senate on February 26, 2009; EC–884. A communication from the Assist- and private institutions, and governments at to the Committee on Agriculture, Nutrition, ant Secretary of Defense (Reserve Affairs), all levels in planning, interpreting, and pro- and Forestry. transmitting, pursuant to law, the 2008 an- tecting sites where historic battles were EC–876. A communication from the Direc- nual report relative to the STARBASE Pro- fought on American soil during the armed tor, Regulatory Management Division, Envi- gram; to the Committee on Armed Services. conflicts that shaped the growth and devel- ronmental Protection Agency, transmitting, EC–885. A communication from the Assist- opment of the United States, and for other pursuant to law, the report of a rule entitled ant Secretary of the Navy (Research, Devel- purposes. ‘‘Tebuconazole; Pesticide Tolerance’’ (FRL- opment and Acquisition), transmitting, pur- f 8399-3) received in the Office of the President suant to law, a report relative to overseas of the Senate on February 26, 2009; to the ship repairs; to the Committee on Armed MEASURES REFERRED Committee on Agriculture, Nutrition, and Services. The following bill was read the first Forestry. EC–886. A communication from the Acting EC–877. A communication from the Admin- Under Secretary of Defense (Personnel and and the second times by unanimous istrator, Agricultural Marketing Service, Readiness), transmitting, pursuant to law, a consent, and referred as indicated: Department of Agriculture, transmitting, report relative to the Critical Skills Reten- H.R. 548. An act to assist citizens, public pursuant to law, the report of a rule entitled tion Bonus program; to the Committee on and private institutions, and governments at ‘‘Fruit, Vegetable, and Specialty Crops—Im- Armed Services.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.027 S04MRPT1 smartinez on PROD1PC64 with SENATE S2766 CONGRESSIONAL RECORD — SENATE March 4, 2009 EC–887. A communication from the Assist- ‘‘New Source Performance Standards; Sup- on Homeland Security and Governmental Af- ant Secretary of the Army (Manpower and plemental Delegation of Authority to the fairs. Reserve Affairs), transmitting, pursuant to State of Wyoming’’ (FRL-8770-2) received in EC–908. A communication from the Acting law, a notice of additional time required to the Office of the President of the Senate on Assistant Attorney General, Office of Legis- complete a report relative to recruiting in- March 3, 2009; to the Committee on Environ- lative Affairs, Department of Justice, trans- centives; to the Committee on Armed Serv- ment and Public Works. mitting, pursuant to law, a report relative to ices. EC–898. A communication from the Acting the Department’s activities under the Civil EC–888. A communication from the Acting United States Trade Representative, Execu- Rights of Institutionalized Persons Act; to Under Secretary of Defense (Personnel and tive Office of the President, transmitting, the Committee on the Judiciary. Readiness), transmitting a report on the ap- pursuant to law, the 2009 Trade Policy Agen- EC–909. A communication from the Staff proved retirement of Lieutenant General da and 2008 Annual Report of the President Director, U.S. Commission on Civil Rights, James N. Soligan, United States Air Force, of the United States on the Trade Agree- transmitting, pursuant to law, a report rel- and his advancement to the grade of lieuten- ments Program; to the Committee on Fi- ative to the Commission’s recent appoint- ant general on the retired list; to the Com- nance. ment of members to the Oklahoma Advisory mittee on Armed Services. EC–899. A communication from the Chief of Committee; to the Committee on the Judici- EC–889. A communication from the Sec- the Publications and Regulations Branch, In- ary. retary, Federal Trade Commission, transmit- ternal Revenue Service, Department of the EC–910. A communication from the Staff ting, pursuant to law, an annual report on Treasury, transmitting, pursuant to law, the Director, U.S. Commission on Civil Rights, the actions taken by the Commission rel- report of a rule entitled ‘‘Safe Harbors for transmitting, pursuant to law, a report rel- ative to the Fair Debt Collection Practices Sections 143 and 25’’ (Rev. Proc. 2009-18) re- ative to the Commission’s recent appoint- Act during fiscal year 2008; to the Committee ceived in the Office of the President of the ment of members to the Mississippi Advisory on Banking, Housing, and Urban Affairs. Senate on March 3, 2009; to the Committee Committee; to the Committee on the Judici- EC–890. A communication from the Sec- on Finance. ary. retary of the Treasury, transmitting, pursu- EC–900. A communication from the Chief of ant to law, a six-month periodic report on the Publications and Regulations Branch, In- f the national emergency with respect to Iran ternal Revenue Service, Department of the INTRODUCTION OF BILLS AND as declared in Executive Order 12957 of March Treasury, transmitting, pursuant to law, the JOINT RESOLUTIONS 15, 1995; to the Committee on Banking, Hous- report of a rule entitled ‘‘Research Credit ing, and Urban Affairs. Claims Audit Techniques Guide: Credit for The following bills and joint resolu- EC–891. A communication from the Sec- Increasing Research Activities IRC Section tions were introduced, read the first retary, Office of the General Counsel, Securi- 41—Revised Exhibit C’’ (LMSB-4-0209-008) re- and second times by unanimous con- ties and Exchange Commission, transmit- ceived in the Office of the President of the sent, and referred as indicated: ting, pursuant to law, the report of a rule en- Senate on March 3, 2009; to the Committee By Ms. MURKOWSKI (for herself and titled ‘‘Adjustments to Civil Monetary Pen- on Finance. Mr. BEGICH): alty Amounts’’ (17 CFR Part 201) received in EC–901. A communication from the Chief of S. 522. A bill to resolve the claims of the the Office of the President of the Senate on the Publications and Regulations Branch, In- Bering Straits Native Corporation and the February 26, 2009; to the Committee on ternal Revenue Service, Department of the State of Alaska to land adjacent to Salmon Banking, Housing, and Urban Affairs. Treasury, transmitting, pursuant to law, the Lake in the State of Alaska and to provide EC–892. A communication from the Chief of report of a rule entitled ‘‘Tier I Issue For- for the conveyance to the Bering Straits Na- Staff, Media Bureau, Federal Communica- eign Tax Credit Generator Directive—Revi- tive Corporation of certain other public land tions Commission, transmitting, pursuant to sion 1’’ (LMSB-04-0109-002) received in the Of- in partial satisfaction of the land entitle- law, the report of a rule entitled ‘‘Amend- fice of the President of the Senate on March ment of the Corporation under the Alaska ment of Section 73.622(i), Final DTV Table of 3, 2009; to the Committee on Finance. Allotments, Television Broadcast Stations; EC–902. A communication from the Acting Native Claims Settlement Act; to the Com- Indianapolis, Indiana’’ (MB Docket No. 08- Assistant Secretary, Office of Legislative Af- mittee on Energy and Natural Resources. 122) received in the Office of the President of fairs, Department of State, transmitting, By Mr. TESTER (for himself and Mrs. the Senate on March 2, 2009; to the Com- pursuant to law, weekly reports relative to FEINSTEIN): mittee on Commerce, Science, and Transpor- Iraq for the period of December 15, 2008, S. 523. A bill to amend the Energy Policy tation. through February 15, 2009; to the Committee Act of 2005 to establish pilot project offices EC–893. A communication from the Chief of on Foreign Relations. to improve Federal permit coordination for Staff, Media Bureau, Federal Communica- EC–903. A communication from the Assist- renewable energy; to the Committee on En- tions Commission, transmitting, pursuant to ant Legal Adviser for Treaty Affairs, Depart- ergy and Natural Resources. law, the report of a rule entitled ‘‘Implemen- ment of State, transmitting, pursuant to the By Mr. FEINGOLD (for himself and Mr. tation of the DTV Delay Act’’ (FCC 09-11) re- Case-Zablocki Act, 1 U.S.C. 112b, as amended, MCCAIN): ceived in the Office of the President of the the report of the texts and background state- S. 524. A bill to amend the Congressional Senate on March 2, 2009; to the Committee ments of international agreements, other Budget and Impoundment Control Act of 1974 on Commerce, Science, and Transportation. than treaties (List 2009-0020—2009-0027); to to provide for the expedited consideration of EC–894. A communication from the Acting the Committee on Foreign Relations. certain proposed rescissions of budget au- Assistant Secretary, Office of Legislative Af- EC–904. A communication from the Sec- thority; to the Committee on the Budget. fairs, Department of State, transmitting, retary of Energy, transmitting, pursuant to By Mr. DORGAN (for himself, Ms. pursuant to law, a report relative to the De- law, a report relative to the Department’s SNOWE, Mr. GRASSLEY, Mr. KENNEDY, partment’s Alternative Fuel Vehicle pro- competitive sourcing activities during fiscal Mr. MCCAIN, Ms. STABENOW, Mr. gram for fiscal year 2008; to the Committee year 2008; to the Committee on Energy and BINGAMAN, Ms. COLLINS, Mr. DURBIN, on Energy and Natural Resources. Natural Resources. Mr. NELSON of Florida, Mr. KOHL, Mr. EC–895. A communication from the Direc- EC–905. A communication from the Direc- LEVIN, Mr. LEAHY, Mr. SANDERS, Mr. tor, Regulatory Management Division, Envi- tor of the Regulations Policy and Manage- KERRY, Mr. BROWN, Mr. FEINGOLD, ronmental Protection Agency, transmitting, ment Staff, Food and Drug Administration, Mr. JOHNSON, Mr. INOUYE, Mr. TEST- pursuant to law, the report of a rule entitled Department of Health and Human Services, ER, Mr. CASEY, Mrs. MCCASKILL, Mr. ‘‘Approval and Promulgation of Implementa- transmitting, pursuant to law, the report of THUNE, Mr. BEGICH, and Mrs. tion Plans; Hawaii; Correction’’ (FRL-8771-1) a rule entitled ‘‘Institutional Review Boards; SHAHEEN): received in the Office of the President of the Registration Requirements’’ (RIN0910-AB88) S. 525. A bill to amend the Federal Food, Senate on March 3, 2009; to the Committee received in the Office of the President of the Drug, and Cosmetic Act with respect to the on Environment and Public Works. Senate on February 9, 2009; to the Com- importation of prescription drugs, and for EC–896. A communication from the Direc- mittee on Health, Education, Labor, and other purposes; to the Committee on Health, tor, Regulatory Management Division, Envi- Pensions. Education, Labor, and Pensions. ronmental Protection Agency, transmitting, EC–906. A communication from the Chair- By Mrs. MCCASKILL: pursuant to law, the report of a rule entitled man, Nuclear Regulatory Commission, trans- S. 526. A bill to provide in personam juris- ‘‘Approval and Promulgation of Implementa- mitting, pursuant to law, the Commission’s diction in civil actions against contractors tion Plans; State of California; 2003 State Annual Report for calendar year 2008; to the of the United States Government performing Strategy and 2003 South Coast Plan for One- Committee on Homeland Security and Gov- contracts abroad with respect to serious bod- Hour Ozone and Nitrogen Dioxide’’ (FRL- ernmental Affairs. ily injuries of members of the Armed Forces, 8770-1) received in the Office of the President EC–907. A communication from the Direc- civilian employees of the United States Gov- of the Senate on March 3, 2009; to the Com- tor, Office of Management and Budget, Exec- ernment, and United States citizen employ- mittee on Environment and Public Works. utive Office of the President, transmitting, ees of companies performing work for the EC–897. A communication from the Direc- pursuant to law, a report entitled ‘‘Fiscal United States Government in connection tor, Regulatory Management Division, Envi- Year 2008 Report to Congress on Implementa- with contractor activities, and for other pur- ronmental Protection Agency, transmitting, tion of The Federal Information Security poses; to the Committee on Homeland Secu- pursuant to law, the report of a rule entitled Management Act of 2002’’; to the Committee rity and Governmental Affairs.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.040 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2767 SUBMISSION OF CONCURRENT AND S. 405 1105, a bill making omnibus appropria- SENATE RESOLUTIONS At the request of Mr. LEAHY, the tions for the fiscal year ending Sep- The following concurrent resolutions name of the Senator from Georgia (Mr. tember 30, 2009, and for other purposes. and Senate resolutions were read, and ISAKSON) was added as a cosponsor of S. AMENDMENT NO. 615 referred (or acted upon), as indicated: 405, a bill to amend the Internal Rev- At the request of Mr. ENSIGN, the enue Code of 1986 to provide that a de- By Mrs. MCCASKILL (for herself and name of the Senator from Louisiana Mr. UDALL of Colorado): duction equal to fair market value (Mr. VITTER) was added as a cosponsor S. Res. 63. A resolution to amend the shall be allowed for charitable con- of amendment No. 615 intended to be Standing Rules of the Senate to ensure that tributions of literary, musical, artistic, proposed to H.R. 1105, a bill making all congressionally directed spending items or scholarly compositions created by omnibus appropriations for the fiscal in appropriations and authorization legisla- the donor. tion fall under the oversight and trans- year ending September 30, 2009, and for parency provisions of S. 1, the Honest Lead- S. 422 other purposes. ership and Open Government Act of 2007; to At the request of Ms. STABENOW, the AMENDMENT NO. 622 the Committee on Rules and Administration. name of the Senator from Connecticut At the request of Mr. ENSIGN, the By Mrs. BOXER (for herself and Mr. (Mr. LIEBERMAN) was added as a co- name of the Senator from Wyoming CARPER): sponsor of S. 422, a bill to amend the (Mr. BARRASSO) was added as a cospon- S. Res. 64. A resolution recognizing the Federal Food, Drug, and Cosmetic Act need for the Environmental Protection sor of amendment No. 622 intended to Agency to end decades of delay and utilize and the Public Health Service Act to be proposed to H.R. 1105, a bill making existing authority under the Resource Con- improve the prevention, diagnosis, and omnibus appropriations for the fiscal servation and Recovery Act to comprehen- treatment of heart disease, stroke, and year ending September 30, 2009, and for sively regulate coal combustion waste and other cardiovascular diseases in other purposes. the need for the Tennessee Valley Authority women. to be a national leader in technological inno- AMENDMENT NO. 638 S. 473 vation, low-cost power, and environmental At the request of Mr. CRAPO, the stewardship; to the Committee on Environ- At the request of Mr. DURBIN, the name of the Senator from Wyoming ment and Public Works. name of the Senator from New Jersey (Mr. ENZI) was added as a cosponsor of f (Mr. LAUTENBERG) was added as a co- amendment No. 638 proposed to H.R. sponsor of S. 473, a bill to establish the ADDITIONAL COSPONSORS 1105, a bill making omnibus appropria- Senator Paul Simon Study Abroad tions for the fiscal year ending Sep- S. 144 Foundation. tember 30, 2009, and for other purposes. At the request of Mr. KERRY, the S. 482 f name of the Senator from Tennessee At the request of Mr. FEINGOLD, the (Mr. ALEXANDER) was added as a co- name of the Senator from South Caro- STATEMENTS ON INTRODUCED sponsor of S. 144, a bill to amend the lina (Mr. GRAHAM) was added as a co- BILLS AND JOINT RESOLUTIONS Internal Revenue Code of 1986 to re- sponsor of S. 482, a bill to require Sen- By Ms. MURKOWSKI (for herself move cell phones from listed property ate candidates to file designations, and Mr. BEGICH): under section 280F. statements, and reports in electronic S. 522. A bill to resolve the claims of S. 295 form. the Bering Straits Native Corporation At the request of Mr. BINGAMAN, the S. 484 and the State of Alaska to land adja- name of the Senator from Rhode Island At the request of Mrs. FEINSTEIN, the cent to Salmon Lake in the State of (Mr. WHITEHOUSE) was added as a co- names of the Senator from Maine (Ms. Alaska and to provide for the convey- sponsor of S. 295, a bill to amend title SNOWE) and the Senator from New Jer- ance to the Bering Straits Native Cor- XVIII of the Social Security Act to im- sey (Mr. LAUTENBERG) were added as poration of certain other public land in prove the quality and efficiency of the cosponsors of S. 484, a bill to amend partial satisfaction of the land entitle- Medicare program through measure- title II of the Social Security Act to re- ment of the Corporation under the ment of readmission rates and resource peal the Government pension offset and Alaska Native Claims Settlement Act; use and to develop a pilot program to windfall elimination provisions. to the Committee on Energy and Nat- provide episodic payments to organized S. 506 ural Resources. groups of multispecialty and multi- Ms. MURKOWSKI. Mr. President, I At the request of Mr. LEVIN, the level providers of services and suppliers name of the Senator from New Hamp- rise to speak to a bill that I am intro- for hospitalization episodes associated ducing today to resolve a land convey- shire (Mrs. SHAHEEN) was added as a co- with select, high cost diagnoses. sponsor of S. 506, a bill to restrict the ance dispute in Northwest Alaska, the S. 330 use of offshore tax havens and abusive Salmon Lake Land Selection Resolu- At the request of Mr. DURBIN, the tax shelters to inappropriately avoid tion Act. name of the Senator from California Federal taxation, and for other pur- Shortly after Alaska became a State (Mrs. BOXER) was added as a cosponsor poses. in 1959, Alaska selected lands near of S. 330, a bill to amend title XVIII of Salmon Lake, a major fishery resource S. 510 the Social Security Act to deliver a in the Bering Straits Region of North- meaningful benefit and lower prescrip- At the request of Mr. DURBIN, the west Alaska. In 1971, Congress passed tion drug prices under the Medicare names of the Senator from Minnesota the Alaska Native Claims Settlement program. (Ms. KLOBUCHAR) and the Senator from Act to resolve aboriginal land claims Georgia (Mr. CHAMBLISS) were added as S. 355 throughout the 49th State. In that act cosponsors of S. 510, a bill to amend the At the request of Mr. DURBIN, the Congress created 12 regional Native name of the Senator from Missouri Federal Food, Drug, and Cosmetic Act corporations in state, providing the with respect to the safety of the food (Mr. BOND) was added as a cosponsor of corporations with $966 million and the S. 355, a bill to enhance the capacity of supply. right to select 44 million acres of land the United States to undertake global S. RES. 49 in return for giving up claims to their development activities, and for other At the request of Mr. LUGAR, the traditional lands in Alaska. The land purposes. name of the Senator from Delaware and money was to go to make the cor- S. 388 (Mr. KAUFMAN) was added as a cospon- porations profitable to provide benefits At the request of Ms. MIKULSKI, the sor of S. Res. 49, a resolution to express to their shareholders, the native inhab- names of the Senator from Colorado the sense of the Senate regarding the itants of Alaska. The Bering Straits (Mr. UDALL) and the Senator from Ohio importance of public diplomacy. Native Corporation, one of those 12 re- (Mr. BROWN) were added as cosponsors AMENDMENT NO. 607 gional corporations, promptly selected of S. 388, a bill to extend the termi- At the request of Mr. WICKER, the lands in the Salmon Lake region over- nation date for the exemption of re- name of the Senator from Kansas (Mr. lapping state selections, because the turning workers from the numerical BROWNBACK) was added as a cosponsor lake and the waters upstream and limitations for temporary workers. of amendment No. 607 proposed to H.R. downstream from the lake spawn and

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.043 S04MRPT1 smartinez on PROD1PC64 with SENATE S2768 CONGRESSIONAL RECORD — SENATE March 4, 2009 contain fisheries resources of signifi- a hard-fought compromise agreement to go after government waste, the ex- cance to Alaska Natives and also offer that seemingly satisfies all parties and amples they give are congressional ear- land suitable for a variety of rec- makes good sense for all concerned. I marks. When editorial pages argue for reational activities. hope this body can ratify this bill a new line-item veto, they, too, cite For the past 38 years there have been swiftly and move it to the House of congressional earmarks as the reason conflicts over the conveyances, delay- Representatives for its concurrence for granting the President this new au- ing land from going to the corporation, and eventual signing by the President. thority. harming the economic and cultural The bill is important for residents of That is exactly what our bill does. It benefits of the corporation to Native Nome who utilize the area and for all provides the President with new expe- shareholders, and complicating land Alaska Natives who live in the Bering dited rescission authority—what has and wildlife management issues be- Straits Region. been commonly referred to as a line- tween federal agencies and the State of item veto—to cancel congressional ear- Alaska. Starting in 1994, but accel- By Mr. FEINGOLD (for himself marks. The definitions of earmarks erating in 1997, talks began among the and Mr. MCCAIN): that we use are the very definitions S. 524. A bill to amend the Congres- State, Federal agencies and native cor- upon which each house has agreed in sional Budget and Impoundment Con- porations and towns in the region, lo- passing the Honest Leadership and cated north of Nome—Salmon Lake trol Act of 1974 to provide for the expe- dited consideration of certain proposed Open Government Act in the 110th Con- itself is located 38 miles north of gress. Nome—to reach a consensus on land rescissions of budget authority; to the Committee on the Budget. Unauthorized congressional ear- uses in the region. Those talks reached marks are a serious problem. By one agreement on June 1, 2007 with a reso- Mr. FEINGOLD. Mr. President, I am pleased to once again offer this meas- estimate, in 2004 alone more than $50 lution that satisfied all parties. This ure, the Congressional Accountability billion in earmarks were passed. While seemingly non-controversial legisla- and Line-Item Veto Act of 2009 with some in Congress may wish to dismiss tion will implement the new land man- my colleague from Wisconsin, the this issue, this year a single bill, the agement regime in the area and finally Ranking Member of the House Budget omnibus appropriations bill we are con- complete the conveyance of ANCSA Committee, Congressman PAUL RYAN. I sidering in the Senate, has by one lands to the Bering Straits Native Cor- have worked with Congressman RYAN count over eight thousand earmarks poration—giving the corporation title on this issue for the last two years. He that cost over $7 billion. That is just after surveys to the last of the 145,728 and I belong to different political par- one bill. We haven’t even begun the ap- acres it was promised by Section 14 ties, and differ on many issues. But we propriations process for the coming i (h)(8) of ANCSA nearly four decades do share at least two things in com- cal year. ago. mon—our hometown of Janesville, WI, There is no excuse for a system that By this bill the Corporation will gain and an abiding respect for Wisconsin’s allows that kind of wasteful spending conveyance to 1,009 acres in the Salm- tradition of fiscal responsibility. year after year, and while I have op- on Lake area, 6,132 acres at Windy I am also delighted to be joined by posed granting the President line-item Cove, northwest of Salmon Lake, and my colleague, the senior Senator from veto authority to effectively reshape 7,504 acres at Imuruk Basin, on the Arizona, Mr. MCCAIN, in introducing programs like Medicare and Medicaid, north shore of Imuruk Basin, a water the Congressional Accountability and for this specific category, I support giv- body north of Windy Cove. In return Line-Item Veto Act of 2009. Senator ing the President this additional tool. the Corporation relinquishes rights to MCCAIN has been one of the preeminent Under our proposal, wasteful spend- another 3,084 acres at Salmon Lake to champions of earmark reform, and I ing does not have anywhere to hide. It the federal government, the govern- have been pleased to work with him in is out in the open, so that both Con- ment then giving part of the land to fighting this abuse over the last two gress and the President have a chance the State of Alaska for it to maintain decades. to get rid of wasteful projects before a key airstrip in the area. The Federal The measure we are each introducing they begin. Bureau of Land Management also re- today would grant the President spe- The taxpayers—who pay the price for tains ownership and administration of cific authority to rescind or cancel these projects—deserve a process that a 9–acre campground at the outlet of congressional earmarks, including ear- shows some real fiscal discipline, and Salmon Lake, which provides road ac- marked spending, tax breaks, and tariff that’s what we are trying to get at cessible public camping opportunities benefits. This new authority would with this legislation. from the Nome-Teller Highway. The sunset at the end of 2014, ensuring that President Obama recognizes the per- agreement also retains public access to Congress will have a chance to review nicious effect earmarks have on the en- BLM managed lands in the Kigluaik its use in two different presidential tire process. When he asked Congress Mountain Range. terms before considering whether or to take the extraordinary step of send- The bill fully protects recreation and not to extend it. While not a true line- ing him a massive economic recovery subsistence uses in the area, while pro- item veto bill, our measure provides for package, he knew such a large package viding the Corporation with access to fast-track consideration of the Presi- of spending and tax cuts would natu- recreational-tourism sites of impor- dent’s proposed cancellation of ear- rally attract earmarks. He also recog- tance to its shareholders and which marks. Thus, unlike current law, it en- nized that were earmarks to be added might some day produce revenues for sures that for the specific category of the Corporation. The agreement has congressional earmarks, the President to the bill, it would undermine his abil- prompted no known environmental will get an up or down vote on his pro- ity to get it enacted, so he rightly in- group concerns and seems to be the posed cancellations. sisted it be free of earmarks. classic ‘‘win-win-win’’ solution that all There have been a number of so- I was pleased to hear reports that sides should be congratulated for called line-item veto proposals offered President Obama looks forward to giv- crafting. The key, however, is for Con- in the past several years. But the ing the line item veto a ‘‘test drive.’’ I gress to ratify the land conveyance measure we propose today is unique in very much hope that with this bill we changes by 2011, when the agreement that it specifically targets the very can give him that opportunity. ratification window closes. items that every line-item veto pro- Mr. President, I ask unanimous con- Passage of this act is certainly in ponent cites when promoting a par- sent that the text of the bill be printed keeping with the spirit of the Alaska ticular measure, namely earmarks. in the RECORD. Lands Conveyance Acceleration Act When President Bush asked for this There being no objection, the text of that this body passed 5 years ago that kind of authority, the examples he the bill was ordered to be printed in was intended to help settle all out- gave when citing wasteful spending he the RECORD, as follows: standing land conveyance issues by wanted to target were congressional S. 524 2009—the 50th anniversary of Alaska earmarks. Be it enacted by the Senate and House of Rep- statehood. In Alaska where con- When Members of the House or Sen- resentatives of the United States of America in troversy abounds over land use, this is ate tout a new line-item veto authority Congress assembled,

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SECTION 1. SHORT TITLE. ‘‘(D) MAXIMUM NUMBER OF SPECIAL MES- to that special message. The previous ques- This Act may be cited as the ‘‘Congres- SAGES.—The President may not transmit to tion shall be considered as ordered on the sional Accountability and Line-Item Veto the Congress more than one special message motion to its adoption without intervening Act of 2009’’. under this subsection related to any bill or motion. A motion to reconsider the vote by SEC. 2. LEGISLATIVE LINE ITEM VETO. joint resolution described in subsection (a), which the motion is disposed of shall not be (a) IN GENERAL.—Title X of the Congres- but may transmit not more than 2 special in order. sional Budget and Impoundment Control Act messages for any omnibus budget reconcili- ‘‘(C) CONSIDERATION.—The approval bill of 1974 (2 U.S.C. 621 et seq.) is amended by ation or appropriation measure. shall be considered as read. All points of striking all of part B (except for sections 1016 ‘‘(2) ENACTMENT OF APPROVAL BILL.— order against an approval bill and against its and 1013, which are redesignated as sections ‘‘(A) DEFICIT REDUCTION.—Congressional consideration are waived. The previous ques- 1019 and 1020, respectively) and part C and in- earmarks, limited tariff benefits, or targeted tion shall be considered as ordered on an ap- serting the following: tax benefits which are repealed or canceled proval bill to its passage without intervening ‘‘PART B—LEGISLATIVE LINE-ITEM VETO pursuant to enactment of a bill as provided motion except five hours of debate equally ‘‘LINE ITEM VETO AUTHORITY under this section shall be dedicated only to divided and controlled by the proponent and reducing the deficit or increasing the sur- ‘‘SEC. 1011. (a) PROPOSED CANCELLATIONS.— an opponent and one motion to limit debate Within 30 calendar days after the enactment plus. on the bill. A motion to reconsider the vote of any bill or joint resolution containing any ‘‘(B) ADJUSTMENT OF LEVELS IN THE CONCUR- on passage of the bill shall not be in order. congressional earmark or providing any lim- RENT RESOLUTION ON THE BUDGET.—Not later ‘‘(D) SENATE BILL.—An approval bill re- ited tariff benefit or targeted tax benefit, the than 5 days after the date of enactment of an ceived from the Senate shall not be referred President may propose, in the manner pro- approval bill as provided under this section, to committee. vided in subsection (b), the repeal of the con- the chairs of the Committees on the Budget ‘‘(3) CONSIDERATION IN THE SENATE.— gressional earmark or the cancellation of of the Senate and the House of Representa- ‘‘(A) REFERRAL AND REPORTING.—Any com- any limited tariff benefit or targeted tax tives shall revise allocations and aggregates mittee of the Senate to which an approval benefit. If the 30 calendar-day period expires and other appropriate levels under the appro- bill is referred shall report it to the Senate during a period where either House of Con- priate concurrent resolution on the budget without amendment not later than the sev- gress stands adjourned sine die at the end of to reflect the repeal or cancellation, and the enth legislative day after the date of its in- Congress or for a period greater than 30 cal- applicable committees shall report revised troduction. If a committee fails to report the endar days, the President may propose a can- suballocations pursuant to section 302(b), as bill within that period or the Senate has cellation under this section and transmit a appropriate. adopted a concurrent resolution providing special message under subsection (b) on the ‘‘(C) ADJUSTMENTS TO STATUTORY LIMITS.— for adjournment sine die at the end of a Con- first calendar day of session following such a After enactment of an approval bill as pro- gress, such committee shall be automati- period of adjournment. vided under this section, the Office of Man- cally discharged from further consideration ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— agement and Budget shall revise applicable of the bill and it shall be placed on the ap- ‘‘(1) SPECIAL MESSAGE.— limits under the Balanced Budget and Emer- propriate calendar. ‘‘(A) IN GENERAL.—The President may gency Deficit Control Act of 1985, as appro- ‘‘(B) MOTION TO PROCEED TO CONSIDER- transmit to the Congress a special message priate. ATION.—After an approval bill is reported by proposing to repeal any congressional ear- ‘‘(D) TRUST FUNDS AND SPECIAL FUNDS.— or discharged from committee or the Senate marks or to cancel any limited tariff bene- Notwithstanding subparagraph (A), nothing has adopted a concurrent resolution pro- fits or targeted tax benefits. in this part shall be construed to require or viding for adjournment sine die at the end of ‘‘(B) CONTENTS OF SPECIAL MESSAGE.—Each allow the deposit of amounts derived from a a Congress, it shall be in order to move to special message shall specify, with respect to trust fund or special fund which are canceled proceed to consider the approval bill in the the congressional earmarks, limited tariff pursuant to enactment of a bill as provided Senate. A motion to proceed to the consider- benefits, or targeted tax benefits to be re- under this section to any other fund. ation of a bill under this subsection in the pealed or canceled— ‘‘PROCEDURES FOR EXPEDITED CONSIDERATION Senate shall not be debatable. It shall not be ‘‘(i) the congressional earmark that the ‘‘SEC. 1012. (a) EXPEDITED CONSIDERATION.— in order to move to reconsider the vote by President proposes to repeal or the limited ‘‘(1) IN GENERAL.—The majority leader or which the motion to proceed is agreed to or tariff benefit or the targeted tax benefit that minority leader of each House or his des- disagreed to. the President proposes be canceled; ignee shall (by request) introduce an ap- ‘‘(C) LIMITS ON DEBATE.—Debate in the Sen- ‘‘(ii) the specific project or governmental proval bill as defined in section 1017 not later ate on a bill under this subsection, and all functions involved; than the third day of session of that House debatable motions and appeals in connection ‘‘(iii) the reasons why such congressional after the date of receipt of a special message therewith (including debate pursuant to sub- earmark should be repealed or such limited transmitted to the Congress under section paragraph (D)), shall not exceed 10 hours, tariff benefit or targeted tax benefit should 1011(b). If the bill is not introduced as pro- equally divided and controlled in the usual be canceled; vided in the preceding sentence in either form. ‘‘(iv) to the maximum extent practicable, House, then, on the fourth day of session of ‘‘(D) APPEALS.—Debate in the Senate on the estimated fiscal, economic, and budg- that House after the date of receipt of the any debatable motion or appeal in connec- etary effect (including the effect on outlays special message, any Member of that House tion with a bill under this subsection shall and receipts in each fiscal year) of the pro- may introduce the bill. be limited to not more than 1 hour, to be posed repeal or cancellation; ‘‘(2) CONSIDERATION IN THE HOUSE OF REP- equally divided and controlled in the usual ‘‘(v) to the maximum extent practicable, RESENTATIVES.— form. all facts, circumstances, and considerations ‘‘(A) REFERRAL AND REPORTING.—Any com- ‘‘(E) MOTION TO LIMIT DEBATE.—A motion in relating to or bearing upon the proposed re- mittee of the House of Representatives to the Senate to further limit debate on a bill peal or cancellation and the decision to pro- which an approval bill is referred shall re- under this subsection is not debatable. pose the repeal or cancellation, and the esti- port it to the House without amendment not ‘‘(F) MOTION TO RECOMMIT.—A motion to re- mated effect of the proposed repeal or can- later than the seventh legislative day after commit a bill under this subsection is not in cellation upon the objects, purposes, or pro- the date of its introduction. If a committee order. grams for which the congressional earmark, fails to report the bill within that period or ‘‘(G) CONSIDERATION OF THE HOUSE BILL.— limited tariff benefit, or the targeted tax the House has adopted a concurrent resolu- ‘‘(i) IN GENERAL.—If the Senate has re- benefit is provided; tion providing for adjournment sine die at ceived the House companion bill to the bill ‘‘(vi) a numbered list of repeals and can- the end of a Congress, such committee shall introduced in the Senate prior to a vote cellations to be included in an approval bill be automatically discharged from further under subparagraph (C), then the Senate that, if enacted, would repeal congressional consideration of the bill and it shall be may consider, and the vote under subpara- earmarks and cancel limited tariff benefits placed on the appropriate calendar. graph (C) may occur on, the House com- or targeted tax benefits proposed in that spe- ‘‘(B) PROCEEDING TO CONSIDERATION.—After panion bill. cial message; and an approval bill is reported by or discharged ‘‘(ii) PROCEDURE AFTER VOTE ON SENATE ‘‘(vii) if the special message is transmitted from committee or the House has adopted a BILL.—If the Senate votes, pursuant to sub- subsequent to or at the same time as another concurrent resolution providing for adjourn- paragraph (C), on the bill introduced in the special message, a detailed explanation why ment sine die at the end of a Congress, it Senate, then immediately following that the proposed repeals or cancellations are not shall be in order to move to proceed to con- vote, or upon receipt of the House companion substantially similar to any other proposed sider the approval bill in the House. Such a bill, the House bill shall be deemed to be repeal or cancellation in such other message. motion shall be in order only at a time des- considered, read the third time, and the vote ‘‘(C) DUPLICATIVE PROPOSALS PROHIBITED.— ignated by the Speaker in the legislative on passage of the Senate bill shall be consid- The President may not propose to repeal or schedule within two legislative days after ered to be the vote on the bill received from cancel the same or substantially similar con- the day on which the proponent announces the House. gressional earmark, limited tariff benefit, or his intention to offer the motion. Such a mo- ‘‘(b) AMENDMENTS PROHIBITED.—No amend- targeted tax benefit more than one time tion shall not be in order after the House has ment to, or motion to strike a provision under this Act. disposed of a motion to proceed with respect from, a bill considered under this section

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(a) TEMPORARY PRESIDENTIAL nal Revenue Code of 1986 reported by a com- ciency, or continuing appropriations, that AUTHORITY TO WITHHOLD CONGRESSIONAL mittee of conference of the two Houses may has been signed into law pursuant to Article EARMARKS.— include, as a separate section of such bill or I, section 7, of the Constitution of the United ‘‘(1) IN GENERAL.—At the same time as the joint resolution, the information contained States. President transmits to the Congress a spe- in the statement of the chairmen, but only ‘‘(2) APPROVAL BILL.—The term ‘approval cial message pursuant to section 1011(b), the in the manner set forth in paragraph (2). bill’ means a bill or joint resolution which President may direct that any congressional ‘‘(2) APPLICABILITY.—The separate section only approves proposed repeals of congres- earmark to be repealed in that special mes- permitted under subparagraph (A) shall read sional earmarks or cancellations of limited sage shall not be made available for obliga- as follows: ‘Section 1021 of the Congressional tariff benefits or targeted tax benefits in a tion for a period of 45 calendar days of con- Budget and Impoundment Control Act of 1974 special message transmitted by the Presi- tinuous session of the Congress after the shall llllll apply to llllllll.’, dent under this part and— date on which the President transmits the with the blank spaces being filled in with— ‘‘(A) the title of which is as follows: ‘A bill special message to the Congress. ‘‘(A) in any case in which the chairmen approving the proposed repeals and cancella- ‘‘(2) EARLY AVAILABILITY.—The President identify targeted tax benefits in the state- tions transmitted by the President on shall make any congressional earmark de- ment required under subsection (a), the word lll’, the blank space being filled in with ferred pursuant to paragraph (1) available at ‘only’ in the first blank space and a list of all the date of transmission of the relevant spe- a time earlier than the time specified by the of the specific provisions of the bill or joint cial message and the public law number to President if the President determines that resolution in the second blank space; or which the message relates; ‘‘(B) in any case in which the chairmen de- continuation of the deferral would not fur- ‘‘(B) which does not have a preamble; and clare that there are no targeted tax benefits ther the purposes of this Act. ‘‘(C) which provides only the following in the statement required under subsection ‘‘(b) TEMPORARY PRESIDENTIAL AUTHORITY after the enacting clause: ‘That the Congress (a), the word ‘not’ in the first blank space TO SUSPEND A LIMITED TARIFF BENEFIT.— approves of proposed repeals and cancella- and the phrase ‘any provision of this Act’ in ‘‘(1) IN GENERAL.—At the same time as the tions lll’, the blank space being filled in the second blank space. President transmits to the Congress a spe- with a list of the repeals and cancellations ‘‘(c) IDENTIFICATION IN REVENUE ESTI- cial message pursuant to section 1011(b), the contained in the President’s special message, MATE.—With respect to any revenue or rec- President may suspend the implementation ‘as transmitted by the President in a special of any limited tariff benefit proposed to be onciliation bill or joint resolution with re- spect to which the chairmen provide a state- message on llll’, the blank space being canceled in that special message for a period filled in with the appropriate date, ‘regard- of 45 calendar days of continuous session of ment under subsection (a), the Joint Com- mittee on Taxation shall— ing llll.’, the blank space being filled in the Congress after the date on which the with the public law number to which the spe- President transmits the special message to ‘‘(1) in the case of a statement described in cial message relates; the Congress. subsection (b)(2)(A), list the targeted tax ‘‘(D) which only includes proposed repeals ‘‘(2) EARLY AVAILABILITY.—The President benefits in any revenue estimate prepared by and cancellations that are estimated by CBO shall terminate the suspension of any lim- the Joint Committee on Taxation for any to meet the definition of congressional ear- ited tariff benefit at a time earlier than the conference report which accompanies such mark or limited tariff benefits, or that are time specified by the President if the Presi- bill or joint resolution, or identified as targeted tax benefits pursuant dent determines that continuation of the ‘‘(2) in the case of a statement described in to section 1014; and suspension would not further the purposes of 13 subsection (b)(2)(B), indicate in such rev- ‘‘(E) if no CBO estimate is available, then this Act. enue estimate that no provision in such bill ‘‘(c) TEMPORARY PRESIDENTIAL AUTHORITY or joint resolution has been identified as a the entire list of legislative provisions pro- TO SUSPEND A TARGETED TAX BENEFIT.— targeted tax benefit. posed by the President is inserted in the sec- ‘‘(1) IN GENERAL.—At the same time as the ‘‘(d) PRESIDENT’S AUTHORITY.—If any rev- ond blank space in subparagraph (C). President transmits to the Congress a spe- enue or reconciliation bill or joint resolution ‘‘(3) CALENDAR DAY.—The term ‘calendar cial message pursuant to section 1011(b), the is signed into law— day’ means a standard 24-hour period begin- President may suspend the implementation ‘‘(1) with a separate section described in ning at midnight. of any targeted tax benefit proposed to be re- subsection (b)(2), then the President may use ‘‘(4) CANCEL OR CANCELLATION.—The terms pealed in that special message for a period of the authority granted in this section only ‘cancel’ or ‘cancellation’ means to prevent— 45 calendar days of continuous session of the with respect to any targeted tax benefit in ‘‘(A) a limited tariff benefit from having Congress after the date on which the Presi- that law, if any, identified in such separate legal force or effect, and to make any nec- dent transmits the special message to the section; or essary, conforming statutory change to en- Congress. ‘‘(2) without a separate section described in sure that such limited tariff benefit is not ‘‘(2) EARLY AVAILABILITY.—The President subsection (b)(2), then the President may use implemented; or shall terminate the suspension of any tar- the authority granted in this section with ‘‘(B) a targeted tax benefit from having geted tax benefit at a time earlier than the respect to any targeted tax benefit in that legal force or effect, and to make any nec- time specified by the President if the Presi- law. essary, conforming statutory change to en- dent determines that continuation of the ‘‘TREATMENT OF CANCELLATIONS sure that such targeted tax benefit is not im- plemented and that any budgetary resources suspension would not further the purposes of ‘‘SEC. 1015. The repeal of any congressional this Act. earmark or cancellation of any limited tariff are appropriately canceled. ‘‘IDENTIFICATION OF TARGETED TAX BENEFITS benefit or targeted tax benefit shall take ef- ‘‘(5) CBO.—The term ‘CBO’ means the Di- rector of the Congressional Budget Office. ‘‘SEC. 1014. (a) STATEMENT.—The chairman fect only upon enactment of the applicable of the Committee on Ways and Means of the approval bill. If an approval bill is not en- ‘‘(6) CONGRESSIONAL EARMARK.—The term House of Representatives and the chairman acted into law before the end of the applica- ‘congressional earmark’ means a provision of the Committee on Finance of the Senate ble period under section 1013, then all pro- or report language included primarily at the acting jointly (hereafter in this subsection posed repeals and cancellations contained in request of a Member, Delegate, Resident referred to as the ‘chairmen’) shall review that bill shall be null and void and any such Commissioner, or Senator providing, author- any revenue or reconciliation bill or joint congressional earmark, limited tariff ben- izing or recommending a specific amount of resolution which includes any amendment to efit, or targeted tax benefit shall be effective discretionary budget authority, credit au- the Internal Revenue Code of 1986 that is as of the original date provided in the law to thority, or other spending authority for a being prepared for filing by a committee of which the proposed repeals or cancellations contract, loan, loan guarantee, grant, loan conference of the two Houses, and shall iden- applied. authority, or other expenditure with or to an entity, or targeted to a specific State, local- tify whether such bill or joint resolution ‘‘REPORTS BY COMPTROLLER GENERAL contains any targeted tax benefits. The ity or Congressional district, other than ‘‘SEC. 1016. With respect to each special chairmen shall provide to the committee of through a statutory or administrative for- message under this part, the Comptroller conference a statement identifying any such mula-driven or competitive award process. General shall issue to the Congress a report targeted tax benefits or declaring that the ‘‘(7) ENTITY.—As used in paragraph (6), the determining whether any congressional ear- bill or joint resolution does not contain any term ‘entity’ includes a private business, mark is not repealed or limited tariff benefit targeted tax benefits. Any such statement State, territory or locality, or Federal enti- or targeted tax benefit continues to be sus- shall be made available to any Member of ty. pended after the deferral authority set forth Congress by the chairmen immediately upon ‘‘(8) LIMITED TARIFF BENEFIT.—The term in section 1013 of the President has expired. request. ‘limited tariff benefit’ means any provision ‘‘(b) STATEMENT INCLUDED IN LEGISLA- ‘‘DEFINITIONS of law that modifies the Harmonized Tariff TION.— ‘‘SEC. 1017. As used in this part: Schedule of the United States in a manner ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(1) APPROPRIATION LAW.—The term ‘appro- that benefits 10 or fewer entities (as defined other rule of the House of Representatives or priation law’ means an Act referred to in in paragraph (12)(B)).

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.048 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2771 ‘‘(9) OMB.—The term ‘OMB’ means the Di- ‘‘Sec. 1018. Expiration. ics in New York; $650,000 for beaver rector of the Office of Management and ‘‘Sec. 1019. Suits by Comptroller General. management in North Carolina and Budget. ‘‘Sec. 1020. Proposed Deferrals of budget au- Mississippi; $1 million for mormon thority.’’. ‘‘(10) OMNIBUS RECONCILIATION OR APPRO- cricket control in Utah; $332,000 for the PRIATION MEASURE.—The term ‘omnibus rec- (d) EFFECTIVE DATE.—The amendments design and construction of a school onciliation or appropriation measure’ made by this Act shall take effect on the means— date of its enactment and apply only to any sidewalk in Franklin, Texas; $870,000 ‘‘(A) in the case of a reconciliation bill, congressional earmark, limited tariff ben- for a wolf breeding facilities in North any such bill that is reported to its House by efit, or targeted tax benefit provided in an Carolina and Washington, $300,000 for the Committee on the Budget; or Act enacted on or after the date of enact- the Montana World Trade Center; $1.7M ‘‘(B) in the case of an appropriation meas- ment of this Act. ‘‘for a honey bee factory’’ in Weslaco, ure, any such measure that provides appro- SEC. 4. SENSE OF CONGRESS ON ABUSE OF PRO- TX; $951,500 for Sustainable Las Vegas; priations for programs, projects, or activities POSED REPEALS AND CANCELLA- $143,000 for Nevada Humanities to de- falling within 2 or more section 302(b) sub- TIONS. velop and expand an online encyclo- allocations. It is the sense of Congress no President or pedia; $475,000 to build a parking ga- ‘‘(11) TARGETED TAX BENEFIT.—The term any executive branch official should condi- ‘targeted tax benefit’ means— tion the inclusion or exclusion or threaten to rage in Provo City, Utah; $200,000 for a ‘‘(A) any revenue provision that— condition the inclusion or exclusion of any tattoo removal violence outreach pro- ‘‘(i) provides a Federal tax deduction, cred- proposed repeal or cancellation in any spe- gram in the LA area; $238,000 for the it, exclusion, or preference to a particular cial message under this section upon any Polynesian Voyaging Society in Hono- beneficiary or limited group of beneficiaries vote cast or to be cast by any Member of ei- lulu, Hawaii; $100,000 for the regional under the Internal Revenue Code of 1986; and ther House of Congress. robotics training center in Union, SC; ‘‘(ii) contains eligibility criteria that are Mr. MCCAIN. Mr. President, I am $1,427,250 for genetic improvements of not uniform in application with respect to honored to once again be joining my switchgrass; $167,000 for the Autry Na- potential beneficiaries of such provision; or ‘‘(B) any Federal tax provision which pro- friend, colleague, and partner in re- tional Center for the American West in vides one beneficiary temporary or perma- form, Senator FEINGOLD, in introducing Los Angeles, CA; $143,000 to teach art nent transition relief from a change to the the Congressional Accountability and energy; $100,000 for the Central Ne- Internal Revenue Code of 1986. Line-Item Veto Act. Additionally, I braska World Trade Center; $951,500 for ‘‘EXPIRATION would like to thank Republican PAUL the Oregon Solar Highway; $819,000 for ‘‘SEC. 1018. This title shall have no force or RYAN from Wisconsin for introducing catfish genetics research in Alabama; effect on or after December 31, 2014’’. this legislation in the House of Rep- $190,000 for the Buffalo Bill Historical SEC. 3. TECHNICAL AND CONFORMING AMEND- resentatives. I applaud my two col- Center in Cody, WY; $209,000 to improve MENTS. leagues from Wisconsin for their lead- blueberry production and efficiency in (a) EXERCISE OF RULEMAKING POWERS.— ership on this important issue. GA; $400,000 for copper wire theft pre- Section 904 of the Congressional Budget Act Our bill does a number of things. vention efforts; $250,000 to enhance re- of 1974 (2 U.S.C. 621 note) is amended— First, it provides the President with a (1) in subsection (a), by striking ‘‘1017’’ and search on Ice Seal populations; $238,000 inserting ‘‘1012’’; and constitutional line item veto author- for the Alaska PTA; $150,000 for a rodeo (2) in subsection (d), by striking ‘‘section ity. This legislation would ensure time- museum in South Dakota; $47,500 to re- 1017’’ and inserting ‘‘section 1012’’. ly consideration of earmark rescission model and expand a playground in Ot- (b) ANALYSIS BY CONGRESSIONAL BUDGET requests by the President, which must tawa, IL; $285,000 for the Discovery OFFICE.—Section 402 of the Congressional be submitted to Congress within 30 cal- Center of Idaho in Boise, ID; $632,000 Budget Act of 1974 is amended by inserting endar days of signing a bill into law. It for the Hungry Horse Project; $380,000 ‘‘(a)’’ after ‘‘402.’’ and by adding at the end gives the House and Senate 12 legisla- for a recreation and fairground area in the following new subsection: ‘‘(b) Upon the receipt of a special message tive days to act after the President Kotzebue, AK; $118,750 for a building to under section 1011 proposing to repeal any sends a rescission. It respects and pre- house an aircraft display in Rantoul, congressional earmark, the Director of the serves Congress’s constitutional re- IL; $380,000 to revitalize downtown Congressional Budget Office shall prepare an sponsibilities, as it requires both the Aliceville, AL; $380,000 for lighthouses estimate of the savings in budget authority House and Senate to pass a rescission in Maine; $190,000 to build a Living or outlays resulting from such proposed re- request before it can become law. This Science Museum in New Orleans, LA; peal relative to the most recent levels cal- bill limits the number of rescission re- $7,100,000 for the conservation and re- culated consistent with the methodology quests per bill to guard against grid- covery of endangered Hawaiian sea tur- used to calculate a baseline under section 257 of the Balanced Budget and Emergency Def- lock in Congress due to multiple rescis- tle populations; $900,000 for fish man- icit Control Act of 1985 and included with a sion proposals. Finally, it sunsets at agement; $150,000 for lobster research; budget submission under section 1105(a) of the end of 2014 in order to review how $381,000 for Jazz at Lincoln Center, New title 31, United States Code, and transmit the authority is working after the ad- York; $1.9 million for the Pleasure such estimate to the chairmen of the Com- ministration has had the opportunity Beach Water Taxi Service Project, CT; mittees on the Budget of the House of Rep- to work with Congress to employ this $238,000 for Pittsburgh Symphony Or- resentatives and Senate.’’. tool to control spending and to deter- chestra for curriculum development; (c) CLERICAL AMENDMENTS.—(1) Section mine if it should be renewed. 1(a) of the Congressional Budget and Im- $95,000 for Hawaii Public Radio; $95,000 poundment Control Act of 1974 is amended by Why do we need to grant the Presi- for the state of New Mexico to find a striking the last sentence. dent a line-item veto authority? Cur- dental school location; $143,000 for the (2) Section 1022(c) of such Act (as redesig- rently the Senate is debating a pork- Dayton Society of Natural History in nated) is amended is amended by striking filled $410 billion, 2,967 page Omnibus Dayton, OH; $190,000 for the Guam Pub- ‘‘rescinded or that is to be reserved’’ and in- appropriations bill to fund the Federal lic Library; $143,000 for the Historic sert ‘‘canceled’’ and by striking ‘‘1012’’ and Government through the second half of Jazz Foundation in Kansas City, MO; inserting ‘‘1011’’. the fiscal year. Not surprising, the $3,806,000 for a Sun Grant Initiative in (3) TABLE OF CONTENTS.—The table of con- tents set forth in section 1(b) of the Congres- measure is chock full of over 9,000 un- South Dakota; $59,000 for Dismal sional Budget and Impoundment Control Act necessary and wasteful earmarks. We Swamp and Dismal Swamp Canal in of 1974 is amended by deleting the contents need serious reform and we need it Virginia; and $950,000 for a Convention for parts B and C of title X and inserting the now—this Omnibus appropriations bill Center in Myrtle Beach, SC; following: is a perfect example of what is wrong This waste is outrageous, and the ‘‘PART B—LEGISLATIVE LINE-ITEM VETO with this system. President should veto this omnibus ‘‘Sec. 1011. Line item veto authority. Here are some examples of the ear- spending bill. The process is clearly ‘‘Sec. 1012. Procedures for expedited consid- marks contained in the omnibus legis- broken, and the American public de- eration. lation: serves better. ‘‘Sec. 1013. Presidential deferral authority. $1.7 million for pig odor research in We need to curtail earmarks, not just ‘‘Sec. 1014. Identification of targeted tax Iowa; $2 million for the promotion of disclose them. Again, the examples I benefits. ‘‘Sec. 1015. Treatment of cancellations. astronomy in Hawaii; $6.6 million for have just mentioned are earmarks that ‘‘Sec. 1016. Reports by comptroller general. termite research in New Orleans; $2.1 are among the over 9,000 contained in ‘‘Sec. 1017. Definitions. million for the Center for Grape Genet- the omnibus legislation currently

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.048 S04MRPT1 smartinez on PROD1PC64 with SENATE S2772 CONGRESSIONAL RECORD — SENATE March 4, 2009 being considered in the Senate—so it is ford, literally, to continue to operate spending bills—usually only getting a clear that the lobbying and ethics re- under the same Washington status quo. handful of votes each time. Earmarks form bill that was enacted in August Let’s consider some cold, hard facts: are like a cancer. Left unchecked, they 2007 has done nothing to curb this proc- current national debt: $10.7 trillion; have grown out of control. And just as ess—even though it continues to be 2009 projected deficit: $1.2 trillion; total cancer destroys tissue and vital organs, touted for its ‘‘tough’’ and ‘‘historic’’ cost of the economic stimulus enacted the corruption associated with the two weeks ago: $1.124 trillion; ($789 bil- earmark reform provisions. process of earmarking is destroying Perhaps even more troubling than lion plus interest; TARP I and II: $700 what is vital to our strength as a Na- the number of earmarks is to whom billion; TARP III: $250 billion–$750 bil- and how some of this funding is being lion, or more; President’s Budget Re- tion, that is, the faith and trust of the directed. Contained within the Omni- quest for 2010: $3.6 trillion. American people in their elected rep- bus appropriations legislation are 14 I was encouraged in January 2007 resentatives and in the institutions of earmarks, totaling nearly $9.7 million, when the Senate passed, by a vote of 96 their Government. directed to clients of the PMA Group, a to 2, an ethics and lobbying reform We must keep in mind that even lobbying firm recently forced to close package which contained real, mean- strong line-item veto authority will their doors after being raided last No- ingful earmark reforms. I thought not solve all of our fiscal problems. We vember by the FBI for suspicious cam- that, at last, we would finally enact also desperately need to reform our paign donation practices. That firm re- some effective reforms. Unfortunately, earmarking process and our lobbying mains under investigation today. I that victory was short lived. In August practices—and we must remember that 2007, we were presented with a bill con- have long spoken of a broken appro- it is ultimately Congress’s responsi- taining very watered down earmark priations process, vulnerable to corrup- bility to control spending. However, tion and abuse, and the allegations provisions and doing far too little to granting the President the authority against the PMA Group and some rein in wasteful earmarks and to propose rescissions that then must Members of Congress stand as a testa- porkbarrel spending. We can change ment to the urgent need for reform. It that and enact reforms that will help be approved by the Congress would go a is wholly inappropriate for Congress to to restore the faith and confidence of long way toward restoring credibility allow these provisions to move forward the American people in their elected to a system ravaged by congressional while their principal sponsor is under representatives—and passing this bill waste and special interest pork. I look Federal investigation. Together with should be the first step we take. forward to the Senate’s consideration my colleague from Oklahoma, Dr. Again, the bill we are introducing of this legislation. It is abundantly COBURN, we offered an amendment to today will ensure timely congressional clear that the time has come for us to strip these earmarks from the omni- consideration of earmark rescission re- eliminate the corrupt, wasteful prac- bus. If our amendment fails we will ef- quests by the President. This will en- tice of earmarking. able the President to propose the re- fectively be giving our tacit approval In his final State of the Union Ad- moval of wasteful earmarks from legis- to the abuses we have repeatedly de- dress, President Reagan stood for the lation that arrives on his desk for sig- clared our intention to eliminate. last time before both Houses of Con- Six months ago, in a debate in Ox- nature and send these earmarks back gress and asked for line-item veto au- ford, MS, President Obama stated that to Congress for expedited votes on thority for future Presidents. On that ‘‘We need earmark reform, and when whether or not to rescind funding; give I’m president, I will go line by line to the House and Senate 12 legislative evening, the President had with him make sure that we are not spending days after the President sends a rescis- three pieces of legislation: an appro- money unwisely.’’ I fully agree. All one sion request to Congress to bring a re- priations bill that was 1,053 pages long needs to do is read the Omnibus appro- scission bill to consideration on the and weighed 14 pounds; a budget rec- priations bill pending before the Sen- floor of the full House and Senate; re- onciliation bill that was 1,186 pages ate to know that we need serious, com- spect and preserve Congress’s constitu- long and weighed 15 pounds; and a con- prehensive earmark reform and we tional responsibilities, as it requires tinuing resolution that was 1,057 pages need to grant the President a constitu- both the House and Senate to pass a re- long and weighed 14 pounds. President tional line-item veto authority so that scission request before it can become Reagan slammed down on the lectern he can go line by line through these law. If either the House or Senate votes the 43 pounds of paper and ink, which bloated, earmark filled appropriations against a rescission by a simple major- represented $1 trillion worth of spend- bills and send rescission requests to ity, it is not enacted; require the Presi- ing. He did so to emphasize the mag- Congress. dent to submit earmark rescission re- nitude of wasteful spending in the Our current economic situation and quests to Congress within 30 calendar bills—spending that the President our vital national security concerns re- days of signing a bill into law; limit could not stop unless he was willing to quire that now, more than ever, we the number of rescission requests per veto each piece of legislation in its en- prioritize our Federal spending. But bill, to guard against gridlock in Con- tirety. In the case of the continuing our appropriations bills do not always gress due to multiple rescission pro- resolution, that would have meant that put our national priorities first. The posals. Under this legislation, the the Federal government would shut process is broken and it needs to be President can propose one rescission down. fixed. We have entered the second year package per ordinary bill, or two re- of a recession. Record numbers of scission packages for omnibus legisla- More than 20 years later we are in ex- homeowners face foreclosure. The na- tion. Each rescission package may in- actly the same situation we were in tional unemployment rate stands at clude multiple earmarks; sunset at the when President Reagan said to Con- 7.2%—the highest in 16 years—with end of 2014, providing a President this gress, ‘‘Let’s help ensure our future of over 1.9 million people having lost tool to control spending over the por- prosperity by giving the President a their jobs in the last 4 months of 2008. tions of two different Presidential tool that, though I will not get to use Additionally, we learned just Friday terms. The sunset provision would give it, is one I know future Presidents of that the GDP sank 6.2 percent in the Congress the ability to review this leg- either party must have. Give the Presi- last quarter of 2008—far worse even islation and decide whether to renew dent the same authority that 43 Gov- than what was expected—with the it. ernors use in their States: the right to economy contracting by the fastest As my colleagues are well aware, for reach into massive appropriation bills, years I have been coming to the Senate pace in a quarter century. pare away the waste, and enforce budg- Even when faced with these tremen- floor to read list after list of the ridicu- et discipline. Let’s approve the line- dous difficulties, Congress’s appetite lous items we have spent money on— item veto.’’ for pork seems bigger than ever. When hoping enough embarrassment might are people going to wake up and truly spur some change. And year after year The time has come to heed Ronald grasp the seriousness of the economic I would offer amendment after amend- Reagan’s call for line-item veto au- situation confronting us? We cannot af- ment to strip porkbarrel projects from thority.

VerDate Nov 24 2008 02:12 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.054 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2773 SUBMITTED RESOLUTIONS ator, each committee of jurisdiction shall party because the split is 60–40 right make available for public inspection on the now. Sixty percent of the earmarks—it Internet the written statements and certifi- is kind of an unwritten rule—go to the SENATE RESOLUTION 63—TO cations under subparagraph (a) not later majority party and 40 percent go to the AMEND THE STANDING RULES than 48 hours after receipt of such state- ments and certifications.’’. minority party. It was the other way OF THE SENATE TO ENSURE around when the Democrats were not THAT ALL CONGRESSIONALLY Mrs. MCCASKILL. Mr. President, I in power. That doesn’t seem to me to DIRECTED SPENDING ITEMS IN disagree with earmarks. I disagree with be a very logical way to spend public APPROPRIATIONS AND AUTHOR- the process. Although we have made money. It should be about the merit of IZATION LEGISLATION FALL great strides in reforming earmarks, I the project. It should be about cost- UNDER THE OVERSIGHT AND do think there are further steps we benefit. TRANSPARENCY PROVISIONS OF need to take. There are many people making the S. 1, THE HONEST LEADERSHIP Today, I have introduced a resolu- argument that we should not let bu- AND OPEN GOVERNMENT ACT OF tion, a Senate resolution, with the sen- reaucrats decide. Congress has had the 2007 ior Senator from Colorado, Mr. UDALL, power of the purse for over 200 years. to bring even more transparency to CCASKILL (for herself and Mr. Congress has been directing spending Mrs. M this process. Basically, this resolution UDALL of Colorado) submitted the fol- in this country for over 200 years. requires all requests to be posted on Earmarks are a new creation. The lowing resolution; which was referred committee Web sites and the Member’s first earmarking started in the 1970s, to the Committee on Rules and Admin- Web site within 48 hours of request. It that ability to make a solitary, lonely istration: requires all information in the request decision as to where money is going to S. RES. 63 letter be listed online, including loca- be directed. In fact, in 1991, there were Resolved, tion, purpose, and cost. This is not only 541 earmarks, and at the height of SECTION 1. AMENDMENT TO THE STANDING presently required. It requires elec- earmarking, under President Bush and RULES OF THE SENATE. tronically searchable text of all bills under a Republican-controlled Con- (a) FURTHER TRANSPARENCY.—Rule XLIV of and conference reports, and it gress, there was $27 billion in ear- the Standing Rules of the Senate is amended by adding at the end thereof the following: strengthens the ability to remove ear- marks. In fact, the number of earmarks ‘‘13.(a) All congressionally directed spend- marks by a point of order. has been cut in half under the leader- ing items shall be included in the text of an There are some loopholes that we, I ship of my party. appropriations or authorization bill and any think inadvertently, created when we This notion that bureaucrats are conference report related to that appropria- did S. 1 early in my first year as a Sen- doing the decisionmaking is wrong—we tions or authorization bill. ator. have the power to tell the bureaucrats ‘‘(b) Not later than 48 hours after the re- This resolution will require earmarks how to spend the money. We can tell quest, each request for a congressionally di- to be in the bill text. I discovered that them it is formula grants. We can tell rected spending item for an appropriations them it is competitive grants. In fact, or authorization bill made by a Senator shall there were some airdropped earmarks be posted on the Senator’s web site. The in a bill. Because they were in a man- that is what we do for 99 percent of the posting of the request for a congressionally agers’ statement, the point of order budget. We tell the executive branch directed spending item shall include the was not possible. So this requires all how to spend the money. It is now only name and location of the specifically in- the earmarks to be in the bill text, for 1 percent that we decided we cannot tended recipient, the purpose of the congres- which will subject them to the rules. It tell the bureaucrats how to spend the sionally directed spending item, and the dol- applies the airdrop point of order to money, so this notion that somehow we lar amount requested. If there is no specifi- the authorization bills in addition to need to do earmarks because the bu- cally intended recipient, the posting shall in- reaucrats are going to run amok—I clude the intended location of the activity, the appropriations bills, and it further limits earmarks to public projects don’t get it. the purpose of the congressionally directed In fact, most earmarks skim money spending item, and the dollar amount re- only. quested. In this time, I do not believe we can off other programs. You can look at ‘‘(c) It shall not be in order to consider an afford to be earmarking in the private the history of the Byrne grants. They appropriations or authorization bill, amend- sector or anywhere other than the pub- have gone down over the last 8 or 9 ment, or conference report if it contains a lic sector as we struggle with our defi- years. Now we are increasing them— congressionally directed spending item for a cits and our spending. which is great. Byrne grants are com- private for-profit or non profit entity.’’. But I really rose today not to speak petitive at the local level. But what (b) CLARIFYING APPLICATION TO CON- happened while the Byrne grants were FERENCE REPORTS.—Paragraph 8 of rule so much about the resolution I have in- troduced today but more to speak a lit- going down? In the same time, ear- XLIV of the Standing Rules of the Senate is marks were going up. There is a con- amended by— tle bit about how confused I have been (1) striking subparagraph (a) and inserting over the last few weeks by many of my nection. When money is skimmed off the for- the following: friends on the other side of the aisle. mula for highways, that is just more ‘‘(a) A Senator may raise a point of order While we have a lot of work to do in re- local projects that the local people against one or more provisions of a con- gard to earmarks, I congratulate my ference report if they constitute a congres- want to build that are not built be- party because we have created trans- sionally directed spending item that was not cause a Senator or Congressman knows parency. We now know who is ear- included in the measure originally com- better. mitted to the conferees by either House. The marking, and because of that we now Now, here is the weird part about Presiding Officer may sustain the point of know that earmarking has nothing to this. This is what I want to focus on order as to some or all of the congressionally do with party. Yes, there are thousands today: my friends on the other side of directed spending items against which the of earmarks in this bill by Democrats, Senator raised the point of order.’’; and the aisle. I listened while podiums were but there are thousand of earmarks in pounded about wasteful spending dur- (2) striking subparagraph (e). this bill by Republicans. (c) REQUIRING FULL SEARCHABILITY.—Para- ing the debate on the stimulus bill, graph 3(a)(2) of rule XLIV of the Standing Earmarking is not about party. Ear- during the debate on the economic re- Rules of the Senate is amended by inserting marking is about power. This is about covery bill. I watched as my friends ‘‘in an searchable format’’ after ‘‘available’’. whether you have the power to get an across the aisle took to the airwaves (d) SUPERMAJORITY REQUIREMENT.—Para- earmark, and power depends on various and gave many different speeches graph 10 of rule XLIV of the Standing Rules things when it comes to earmarking. It about wasteful spending in the stim- of the Senate is amended by striking ‘‘or 3’’ depends on what committee you are on. and inserting ‘‘3, or 13’’. ulus bill. It depends on whether you are an ap- Let me quote some of the things they (e) AVAILABILITY BY THE COMMITTEE OF JU- propriator. It depends on your senior- RISDICTION.—Paragraph 6(b) of rule XLIV of said: the Standing Rules of the Senate is amended ity. It depends on whether you have a Pet programs. Honey pot for whatever you to read as follows: tough election fight. It depends, to need. A porkulus bill. Wasteful spending. Pet ‘‘(b) With respect to each congressionally some extent, on whether you are in the projects. Earmarks. Earmarks. Earmarks. directed spending item requested by a Sen- minority party or in the majority An orgy of spending.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.049 S04MRPT1 smartinez on PROD1PC64 with SENATE S2774 CONGRESSIONAL RECORD — SENATE March 4, 2009 That was what they said about the Now, the American people expect us limiting earmark requests to the pub- stimulus bill, when, in reality, there to act with speed but not haste. They lic sector, we avoid the risk of inad- were no earmarks in the stimulus bill. also expect Federal spending will re- vertently helping a campaign donor or Everything that was spent in the stim- flect critical national priorities and mixing a private gain with a public ulus bill was either competitive grants broader public purpose. Most of all, purpose. An earmark to help our com- or formula funding. they expect Congress to pass funding munities ought to be community based Now, here is the weird part. They bills in ways that ensure wise use of and community supported. There ought went on and on and on during the stim- taxpayer dollars. to be a public benefit that is recognized ulus bill about earmarking. No fewer Those are the purposes of this legis- in a way that is accountable to public than 17 different Senators stood, and lation. It is not just about preventing decisionmakers. with absolute righteous indignation, the abuse of so-called congressional Fourth, this bill prevents earmarks talked about the pet projects in the earmarks, it is, rather, about reas- from mysteriously surfacing in con- stimulus bill. Guess what? Every single suring the American people that their ference negotiations on authorization one of them has earmarks in this bill. dollars and the debt future generations bills. Previous legislation already pro- One member of Republican leadership will incur as a result of our spending hibits this air dropping of earmarks in said: will be debated in the sunshine of pub- conference negotiations on appropria- That is the problem with earmarks. All lic scrutiny. tions bills, but this reform would In short, this bill is about restoring Senators are equal, except some Senators are broaden that proposition to include au- more equal than others when it comes to integrity to a legislative process that thorization bills, which are often con- slipping things in bills. has, for a number of reasons, gone off sidered to be blueprints for the annual Every single member of the Repub- track. It is about restoring public con- funding bills. lican leadership has earmarks in this fidence in the legislative branch. Now, bill. Every single one of them. Every I say this without casting any asper- Let me be clear. I admire the hard single one of those people rejected the sions on the motive of my colleagues in work of our committee chairs and their stimulus that was one of the largest this institution or my former col- staffs, and my experience in both tax cuts in American history, but had leagues in the other body. Most of us Chambers has led me to the conclusion no earmarks, because supposedly they have sought earmarks for our States that great effort is made to ensure in- were so upset about wasteful spending. and our districts because of a sincere tegrity and accountability in spending Those very same Senators have ear- desire to help our constituents and sup- bills. Important, and often very com- marks in this bill, such as the Inter- port worthy projects. plex bills, can be undermined in the state Shellfish Sanitation Conference. Along the way, however, the public public eye when individual earmarks The Interstate Shellfish Sanitation has lost confidence in the integrity of are not carefully scrutinized. We can Conference, beaver management, park- this process. Although there have been all agree that it often takes only one ing lots, all brought to you by the very too many ‘‘bridges to nowhere,’’ the bad apple to spoil even the best barrel, same people who called out wasteful problem is as much about the process and this provision is designed to keep spending in the President’s economic that yields these earmarks. They are out the bad apples. recovery bill. tucked into spending bills without an Fifth, the bill requires that all appro- If you do not take my word for it, opportunity to debate or consider their priations and authorization conference check out the Taxpayers For Common merits or even their true authors. reports be electronically searchable at Sense Web site. According to their sta- This bill brings important reform to least 48 hours before they can be con- tistics, 6 of the top 10 earmarkers in the earmark process. First, it requires sidered by the full Senate. This reform this bill are my friends on the other that all earmarks be included in the will help the public and Congress iden- side of the aisle. In fact, the Repub- text of bills rather than a separate tify earmarks that were added during lican leader has twice as many solo ‘‘statement of managers’’ that is not the conference in appropriations bills earmark dollars in this bill than the technically part of the bill text. Pre- that can be thousands of pages long. Democratic leader. viously legislation allows Senators to In conclusion, I believe we can begin America, do not be fooled. Ear- strip out earmarks from bill text only, the important work of restoring public marking is an equal opportunity activ- not from the statement of managers. confidence in the way Congress legis- ity. It is a bad habit. The minority This reform will result in greater lates if we continue on the path we party is taking full advantage of it. Do transparency because it will make it began in 2007, with earmark and ethics not take anyone seriously who says one possible for any earmark to be stripped reform. This bill closes loopholes in the thing and does another. That is the out of the bill. Second, the bill requires law we passed in 2007, and strengthens worst sin of all. Any parent knows one that all earmarks requested by a Sen- accountability, transparency, and in- basic rule: The example you set is way ator be posted on a Senator’s Web site tegrity. more important than anything you within 48 hours after the request. It Now, there are some who would argue say. also requires committees to post on for abolishing all earmarks, including Mr. UDALL of Colorado. Mr. Presi- their Web sites all information that those supporting governmental enti- dent, I rise in support of the McCaskill- Senators are required to submit about ties. I have to tell you, I think that Udall resolution on earmark reform, an earmark request, including the may be a case of throwing the baby out and I am proud to be an original co- name of the proposed recipient, the lo- with the bathwater. At a time of eco- sponsor of this legislation so ably au- cation, purpose, and financial certifi- nomic crisis, I believe it is important thored by my colleague, Senator cation from Senators certifying they for Senators to have the tools that can MCCASKILL. I have appreciated the op- have no financial interest in that direct Federal funding to job-creating portunity to work with her in devel- project and all within 48 hours of re- projects in their home States. oping this bill, which is designed to ceiving that request. strengthen transparency and account- This reform, in short, offers a check For those of us who are not fortunate ability in the way Congress authorizes against the information that Senators enough to be appropriators, the oppor- and appropriates Federal dollars. post on their own Web sites and pro- tunity to offer carefully considered If there was ever a time in our his- vides fuller transparency by requiring earmarks is important. I have not tory when we needed to reassure the this information to be compiled in a come to the conclusion that all ear- American people that Congress under- central location. Citizens know how to marks are bad; in fact, it is the process stands the need for reform and integ- use the Web, and it has increasingly be- of their consideration and inclusion rity in the process of authorizing and come a watchdog tool for Government. that needs reform. appropriating Federal funds, it is now. Instead of shrinking from it, I believe Along with a constitutional line item It is today. As our economy continues we should embrace this technology to veto and other reform measures, I be- a deep slide into recession, we have inform our constituents and, yes, in- lieve that, in fact I know, we can con- found it necessary to stimulate recov- vite their comment and even criticism. struct a path of reform that is both fis- ery with historic levels of public spend- Third, this bill prohibits earmarks cally responsible and in keeping with ing. from private or nonprofit entities. By the highest ethical standards.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.036 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2775 SENATE RESOLUTION 64—RECOG- Whereas the spill from the Kingston plant SA 641. Mr. DEMINT submitted an amend- NIZING THE NEED FOR THE EN- covered half of a square mile of land and ment intended to be proposed by him to the VIRONMENTAL PROTECTION water with waste up to 12 feet deep, destroy- bill H.R. 1105, supra; which was ordered to lie AGENCY TO END DECADES OF ing roads, waterways, wildlife, trees, railroad on the table. tracks, and impacting 42 properties, 40 SA 642. Mr. DEMINT submitted an amend- DELAY AND UTILIZE EXISTING homes, and sections and coves of the Emory ment intended to be proposed by him to the AUTHORITY UNDER THE RE- River used by businesses, community mem- bill H.R. 1105, supra; which was ordered to lie SOURCE CONSERVATION AND RE- bers, families, and children; on the table. COVERY ACT TO COMPREHEN- Whereas the Kingston spill occurred SA 643. Mr. DEMINT submitted an amend- SIVELY REGULATE COAL COM- around 1:00 a.m. in the morning in December, ment intended to be proposed by him to the but if it had occurred at midday during the bill H.R. 1105, supra; which was ordered to lie BUSTION WASTE AND THE NEED on the table. FOR THE TENNESSEE VALLEY summer, when businesses, community mem- bers, families, and children regularly use the SA 644. Mr. DEMINT submitted an amend- AUTHORITY TO BE A NATIONAL river and coves, the already-extensive prop- ment intended to be proposed by him to the LEADER IN TECHNOLOGICAL IN- erty damage could have been far greater and bill H.R. 1105, supra; which was ordered to lie NOVATION, LOW-COST POWER, the loss of life could have been catastrophic; on the table. AND ENVIRONMENTAL STEW- Whereas the United States Department of SA 645. Mr. DEMINT submitted an amend- ment intended to be proposed by him to the ARDSHIP Energy has information demonstrating wet storage impoundments present risks to pub- bill H.R. 1105, supra; which was ordered to lie Mrs. BOXER (for herself and Mr. lic safety, health, and the environment: on the table. SA 646. Mr. DEMINT submitted an amend- CARPER) submitted the following reso- ‘‘[W]et impoundment systems require sub- ment intended to be proposed by him to the lution; which was referred to the Com- stantially greater disposal site volumes than bill H.R. 1105, supra; which was ordered to lie mittee on Environment and Public dry systems. . . Also, the presence of free liq- on the table. uid increases the possibility of leachate (i.e., Works: SA 647. Mr. DEMINT submitted an amend- a combination of ash solids and water) cre- S. RES. 64 ment intended to be proposed by him to the ation and its potential for migration into un- bill H.R. 1105, supra; which was ordered to lie Whereas the burning of coal creates more derlying soils and groundwater’’; on the table. than 130,000,000 tons of coal combustion Whereas in 2006 the United States Depart- SA 648. Mr. DEMINT submitted an amend- waste a year; ment of Energy reported inconsistent coal Whereas coal combustion waste is made up ment intended to be proposed by him to the combustion waste disposal standards, with bill H.R. 1105, supra; which was ordered to lie of various types of waste, including fly ash, some States weakening safeguards and oth- bottom ash, boiler slag, and flue gas emis- on the table. ers improving protections; SA 649. Mr. DEMINT submitted an amend- sion control waste; Whereas the United States Environmental Whereas the National Academy of Sciences ment intended to be proposed by him to the Protection Agency in 2000 produced a draft bill H.R. 1105, supra; which was ordered to lie found that coal combustion waste ‘‘often regulatory determination that certain fossil contain a mixture of metals [including ar- on the table. fuel combustion wastes, including coal ash, SA 650. Mr. DEMINT submitted an amend- senic, lead, selenium, mercury, cadmium, be- should be regulated as a hazardous waste ment intended to be proposed by him to the ryllium, chromium, thorium and uranium] under the Resource Conservation and Recov- bill H.R. 1105, supra; which was ordered to lie and other constituents in sufficient quan- ery Act; and on the table. tities that they may pose public health and Whereas the United States Environmental SA 651. Mr. DEMINT submitted an amend- environmental concerns if improperly man- Protection Agency has continued to issue in- ment intended to be proposed by him to the aged.’’; formation on the adverse effects of coal com- bill H.R. 1105, supra; which was ordered to lie Whereas the 2 most common forms of dis- bustion waste but the agency has so far not on the table. posal for coal combustion waste are landfills required any consistent Federal regulatory SA 652. Mr. DEMINT submitted an amend- and surface impoundments, with impound- protections for coal combustion waste dis- ment intended to be proposed by him to the ments generally holding a ‘‘wet’’ waste mix- posal practices despite their clear authority bill H.R. 1105, supra; which was ordered to lie ture of water and landfills holding a ‘‘dry’’ to do so: Now, therefore, be it on the table. waste that does not include intentionally Resolved, That the Senate— SA 653. Mr. DEMINT submitted an amend- added water, although other forms of dis- (1) recognizes the need for the United ment intended to be proposed by him to the posal also occur in other areas including States Environmental Protection Agency bill H.R. 1105, supra; which was ordered to lie mines; to— on the table. Whereas a 1993 report prepared for the (A) immediately conduct and complete re- SA 654. Mr. DEMINT submitted an amend- United States Department of Energy found views, including onsite confirmatory exami- ment intended to be proposed by him to the that over the preceding 50 years, roughly nations, of all coal combustion waste im- bill H.R. 1105, supra; which was ordered to lie 500,000,000 tons of coal combustion waste poundments and landfills to ensure the safe- on the table. were disposed of at then-existing or oper- ty of people and the environment located in SA 655. Mr. DEMINT submitted an amend- ating waste management units, and that any area that may be threatened by a spill ment intended to be proposed by him to the about 1,000,000,000 tons of coal combustion or release from an impoundment or landfill; bill H.R. 1105, supra; which was ordered to lie wastes had been disposed of at an estimated (B) report to the Senate Committee on En- on the table. 759 closed units; vironment and Public Works on the earliest SA 656. Mr. DEMINT submitted an amend- Whereas the United States Environmental date possible that the Agency can regulate ment intended to be proposed by him to the Protection Agency reported to Congress in coal combustion waste using their existing bill H.R. 1105, supra; which was ordered to lie 1999 that there were roughly 600 fossil fuel authority under the Resource Conservation on the table. SA 657. Mr. DEMINT submitted an amend- combustion waste disposal units operating at and Recovery Act; ment intended to be proposed by him to the approximately 450 coal-fired power plants; (C) propose rules as quickly as possible to bill H.R. 1105, supra; which was ordered to lie Whereas the United States Department of regulate coal combustion waste under the on the table. Energy in 2006 found: ‘‘The total number of Resource Conservation and Recovery Act SA 658. Mr. DEMINT submitted an amend- [coal combustion waste] disposal units per- using the substantial information currently available to the Agency; and ment intended to be proposed by him to the mitted, built, or laterally expanded between bill H.R. 1105, supra; which was ordered to lie January 1, 1994 and December 31, 2004 (‘new (D) issue final rules as quickly as possible on regulating coal combustion waste under on the table. units’) is not known, as no industry organi- SA 659. Mr. INHOFE submitted an amend- the Resource Conservation and Recovery zation or government agency tracks this in- ment intended to be proposed by him to the Act; and formation,’’; bill H.R. 1105, supra; which was ordered to lie (2) recognizes the need for the Tennessee Whereas on Monday, December 22, 2008 at on the table. Valley Authority to meet the intentions of 1:00 a.m. a wall constructed of coal combus- SA 660. Mr. VOINOVICH submitted an Congress and be ‘‘a national leader in tech- tion waste and dirt failed on a 84-acre sur- amendment intended to be proposed by him nological innovation, low-cost power, and en- face impoundment holding coal combustion to the bill H.R. 1105, supra; which was or- vironmental stewardship’’. waste and water at the Kingston Fossil Plant dered to lie on the table. in Harriman, Tennessee, 40 miles west of f SA 661. Mr. TESTER (for himself and Mr. Knoxville; AMENDMENTS SUBMITTED AND BARRASSO) submitted an amendment in- Whereas the spill from this ‘‘wet storage’’ tended to be proposed by him to the bill H.R. impoundment at the Kingston plant released PROPOSED 1105, supra; which was ordered to lie on the 5,400,000 cubic yards of waste, equaling more SA 640. Mr. DEMINT submitted an amend- table. than 1,000,000,000 gallons or an amount near- ment intended to be proposed by him to the SA 662. Mr. THUNE (for himself, Mr. ly 100 times greater than the amount of oil bill H.R. 1105, making omnibus appropria- DEMINT, Mr. INHOFE, and Mr. ENZI) sub- spilled in the Exxon Valdez disaster, into the tions for the fiscal year ending September 30, mitted an amendment intended to be pro- Emory River and the surrounding valley and 2009, and for other purposes; which was or- posed by him to the bill H.R. 1105, supra; community; dered to lie on the table. which was ordered to lie on the table.

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.051 S04MRPT1 smartinez on PROD1PC64 with SENATE S2776 CONGRESSIONAL RECORD — SENATE March 4, 2009 SA 663. Mr. ENZI (for himself and Mr. used for a honey bee laboratory in Texas other purposes; which was ordered to BARRASSO) submitted an amendment in- through a congressionally directed spending lie on the table; as follows: tended to be proposed by him to the bill H.R. initiative and the amount made available At the end of title II of division B, add the 1105, supra; which was ordered to lie on the under that heading is reduced by $1,762,000. following: table. SEC. ll. PROHIBITION OF USE OF FUNDS FOR SA 664. Mr. BAUCUS (for himself, Mr. Mr. DEMINT submitted an SA 644. ANTI-BULLYING PROGRAMS. GRASSLEY, and Ms. STABENOW) submitted an amendment intended to be proposed by Notwithstanding any other provision of amendment intended to be proposed by him him to the bill H.R. 1105, making omni- this Act— to the bill H.R. 1105, supra; which was or- bus appropriations for the fiscal year (1) none of the funds appropriated or other- dered to lie on the table. ending September 30, 2009, and for wise made available in title II of division B, f other purposes; which was ordered to under the heading ‘‘JUVENILE JUSTICE PRO- lie on the table; as follows: GRAMS’’ may be available for the Self-Deter- TEXT OF AMENDMENTS mination Anti-Bullying in Lifetown in At the end of title III of division F, add the Michigan through a congressionally directed SA 640. Mr. DEMINT submitted an following: amendment intended to be proposed by spending initiative; and SEC. ll. PROHIBITION OF USE OF FUNDS TO (2) the amount made available under such him to the bill H.R. 1105, making omni- TEACH SCIENTISTS TO TALK TO THE heading shall be reduced by $820,000. bus appropriations for the fiscal year PRESS. Notwithstanding any other provision of ending September 30, 2009, and for SA 648. Mr. DEMINT submitted an this Act— other purposes; which was ordered to amendment intended to be proposed by lie on the table; as follows: (1) none of the funds appropriated or other- wise made available in title III of division F, him to the bill H.R. 1105, making omni- At the appropriate place, insert the fol- under the heading ‘‘HIGHER EDUCATION’’ may bus appropriations for the fiscal year lowing: be available for Stony Brook University ending September 30, 2009, and for SEC. ll. Notwithstanding any other pro- School of Journalism in New York through a other purposes; which was ordered to vision of this Act, none of the funds made congressionally directed spending initiative; lie on the table; as follows: available in Title II of Division C under the and heading ‘‘JUVENILE JUSTICE PROGRAMS’’ At the appropriate place, insert the fol- (2) the amount made available under such lowing: under the heading ‘‘OFFICE OF JUSTICE PRO- heading shall be reduced by $214,000. GRAMS’’ may be used for the At the Park SEC. ll. Notwithstanding any other After Dark Gang Prevention Program in provision of this Act, section 110 of title I of SA 645. Mr. DEMINT submitted an division B shall have no effect. California through a congressionally di- amendment intended to be proposed by rected spending initiative and the amount him to the bill H.R. 1105, making omni- made available under that heading is re- SA 649. Mr. DEMINT submitted an duced by $50,000. bus appropriations for the fiscal year amendment intended to be proposed by ending September 30, 2009, and for him to the bill H.R. 1105, making omni- other purposes; which was ordered to SA 641. Mr. DEMINT submitted an bus appropriations for the fiscal year amendment intended to be proposed by lie on the table; as follows: ending September 30, 2009, and for him to the bill H.R. 1105, making omni- On page 427, lines 10 and 11, strike other purposes; which was ordered to bus appropriations for the fiscal year ‘‘$6,590,000, to remain available until ex- lie on the table; as follows: pended’’ and insert ‘‘$5,090,000, to remain Strike section 221 of division F. ending September 30, 2009, and for available until expended: Provided, That no other purposes; which was ordered to amounts made available under this heading Mr. DEMINT submitted an lie on the table; as follows: SA 650. shall be made available for the California amendment intended to be proposed by At the appropriate place, insert the fol- National Historic Trail Interpretive Center’’. him to the bill H.R. 1105, making omni- lowing: bus appropriations for the fiscal year SEC. ll. Notwithstanding any other pro- SA 646. Mr. DEMINT submitted an vision of this Act, none of the funds made amendment intended to be proposed by ending September 30, 2009, and for available in Title II of Division C under the him to the bill H.R. 1105, making omni- other purposes; which was ordered to heading ‘‘STATE AND LOCAL LAW ENFORCE- bus appropriations for the fiscal year lie on the table; as follows: MENT ASSISTANCE’’ under the heading ‘‘OF- ending September 30, 2009, and for At the appropriate place, insert the fol- FICE OF JUSTICE PROGRAMS’’ may be used for other purposes; which was ordered to lowing: a tattoo removal violence prevention out- SEC. ll. Notwithstanding any other reach program in California through a con- lie on the table; as follows: provision of this Act, none of the funds ap- gressionally directed spending initiative and At the end of title VII in Division A, before propriated under this Act may be used to re- the amount made available under that head- the short title, insert the following: peal or amend part 88 of title 45, Code of Fed- ing is reduced by $200,000. SEC. 7ll. (a) Notwithstanding any other eral Regulations. provision of this Act, none of the funds made available under this Act may be used for con- SA 642. Mr. DEMINT submitted an SA 651. Mr. DEMINT submitted an amendment intended to be proposed by gressionally directed spending initiative re- amendment intended to be proposed by lated to— him to the bill H.R. 1105, making omni- him to the bill H.R. 1105, making omni- (1) the Virus-Free Wine Grape Cultivars or bus appropriations for the fiscal year bus appropriations for the fiscal year Wine/Grape Foundation Block in Wash- ending September 30, 2009, and for ington; ending September 30, 2009, and for other purposes; which was ordered to (2) the Viticulture Consortium in Cali- other purposes; which was ordered to lie on the table; as follows: fornia, New York, or Pennsylvania; lie on the table; as follows: At the end of title VII in Division A, before (3) the Center for Advanced Viticulture and At the appropriate place, insert the fol- the short title, insert the following: Tree Crop Research in California; or lowing: (4) the Center for Grape Genetics in New SEC. 7ll. Notwithstanding any other pro- SEC. lll. PROHIBITION OF USE OF APPRO- vision of this Act, section 726 of this title York. PRIATED FUNDS TO STUDY, REC- shall have no effect. (b) Notwithstanding any other provision of OMMEND, OR IMPLEMENT A NEW this Act, the amount made available under METHOD OF TAXATION BASED ON the heading ‘‘SALARIES AND EXPENSES’’ under VEHICLE MILES TRAVELED. SA 643. Mr. DEMINT submitted an the heading ‘‘AGRICULTURAL RESEARCH SERV- Notwithstanding any other provision of amendment intended to be proposed by ICE’’ in title I is reduced by $1,677,000. this Act, none of the funds appropriated or him to the bill H.R. 1105, making omni- (c) Notwithstanding any other provision of otherwise made available by this Act may be bus appropriations for the fiscal year this Act, the amount made available under used to study, recommend, or implement a ending September 30, 2009, and for the heading ‘‘RESEARCH AND EDUCATION AC- new method of taxation based on vehicle other purposes; which was ordered to TIVITIES’’ under the heading ‘‘COOPERATIVE miles traveled. lie on the table; as follows: STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE’’ in title I is reduced by $4,384,000. SA 652. Mr. DEMINT submitted an At the end of title VII in Division A, before amendment intended to be proposed by the short title, insert the following: SA 647. Mr. DEMINT submitted an him to the bill H.R. 1105, making omni- SEC. 7ll. Notwithstanding any other pro- vision of this Act, none of the funds made amendment intended to be proposed by bus appropriations for the fiscal year available under the heading ‘‘SALARIES AND him to the bill H.R. 1105, making omni- ending September 30, 2009, and for EXPENSES’’ under the heading ‘‘AGRICUL- bus appropriations for the fiscal year other purposes; which was ordered to TURAL RESEARCH SERVICE’’ in title I may be ending September 30, 2009, and for lie on the table; as follows:

VerDate Nov 24 2008 03:29 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.056 S04MRPT1 smartinez on PROD1PC64 with SENATE March 4, 2009 CONGRESSIONAL RECORD — SENATE S2777 On page 823, beginning on line 12, strike of taking from a private individual or entity gated or expended to construct, modify, or ‘‘may be used to pay’’ and all that follows an interest in property for transfer of owner- otherwise enhance any facility in the United through ‘‘practice abortions’’ on line 14 and ship of, or a leasehold interest in, the inter- States or its territories to house any indi- insert ‘‘may be made available for any pri- est to another private individual or entity. vidual currently held at the detainee com- vate, nongovernmental, or multilateral orga- (b) EXCEPTION.—Subsection (a) shall not plex at Guantanamo Bay, Cuba nization that performs or actively promotes apply to any transfer of an interest in prop- abortion as a method of birth control’’. erty for— SA 660. Mr. VOINOVICH submitted (1) use by a public utility; an amendment intended to be proposed SA 653. Mr. DEMINT submitted an (2) a road or other right-of-way open to the by him to the bill H.R. 1105, making amendment intended to be proposed by public or common carriers for transpor- omnibus appropriations for the fiscal him to the bill H.R. 1105, making omni- tation; (3) an aqueduct, pipeline, or similar use; year ending September 30, 2009, and for bus appropriations for the fiscal year (4) a prison or hospital; or other purposes; which was ordered to ending September 30, 2009, and for (5) any use relating to, and that occurs lie on the table; as follows: other purposes; which was ordered to during, a national emergency or national On page 444, line 21, insert ‘‘, of which lie on the table; as follows: disaster declared by the President under $2,000,000 shall be available for Cuyahoga At the appropriate place in title VI of divi- Federal law. Valley National Park, of which $1,500,000 sion D, insert the following: shall be available for emergencies and hard- SEC. ll. No funds made available under SA 657. Mr. DEMINT submitted an ships, of which $1,500,000 shall be available this Act shall be used to ensure compliance amendment intended to be proposed by for inholdings,’’ before ‘‘and of which’’. with the requirements of subchapter IV of him to the bill H.R. 1105, making omni- chapter 31 of title 40, United States Code, or bus appropriations for the fiscal year SA 661. Mr. TESTER (for himself and any other provision of law requiring pre- ending September 30, 2009, and for Mr. BARRASSO) submitted an amend- vailing wages to be paid. other purposes; which was ordered to ment intended to be proposed by him lie on the table; as follows: to the bill H.R. 1105, making omnibus SA 654. Mr. DEMINT submitted an appropriations for the fiscal year end- amendment intended to be proposed by At the appropriate place, insert the fol- lowing: ing September 30, 2009, and for other him to the bill H.R. 1105, making omni- SEC. ll. Notwithstanding any other pro- purposes; which was ordered to lie on bus appropriations for the fiscal year vision of law, Federal funds may not be made the table; as follows: ending September 30, 2009, and for available to the Palestinian Authority, any At the appropriate place, insert the fol- other purposes; which was ordered to Federal Government agency, or other entity lowing: lie on the table; as follows: receiving any foreign assistance from the United States for humanitarian relief, recon- SEC. ll. CABIN USER FEES. At the appropriate place, insert the fol- Title VI of the Cabin User Fee Fairness lowing: struction, or assistance in the Gaza Strip until the Secretary of State certifies to Con- Act of 2000 (16 U.S.C. 6201 et seq.) is amended SEC. lll. USE OF APPROPRIATED FUNDS FOR by adding at the end the following: 2010 CENSUS. gress that none of the United States foreign ‘‘SEC. 615. DELAYED IMPLEMENTATION. Notwithstanding any other provision of assistance is being used to provide material ‘‘(a) IN GENERAL.—Notwithstanding any this Act, funds appropriated or otherwise support or resources, training, or expert ad- other provision of this title, this title shall made available under this Act for the 2010 vice or assistance (as such terms are defined not be implemented until January 1, 2010. Census shall be used in a nonpartisan fashion in section 2339A(b) of title 18, United States Code) to a terrorist organization (as defined ‘‘(b) PAYMENTS FOR 2009.—For fiscal year preserving the integrity and independence of 2009, cabin user fees shall be equal to the fee the census process, and no such funds shall in section 2339B(g)(6) of title 18, United States Code). applicable for fiscal year 2008, as adjusted be used by the Executive Office of the Presi- under section 614(a).’’. dent or other political officials to interfere SA 658. Mr. DEMINT submitted an with the conduct of the 2010 Census or to ma- SA 662. Mr. THUNE (for himself, Mr. nipulate the census process for partisan gain. amendment intended to be proposed by him to the bill H.R. 1105, making omni- DEMINT, Mr. INHOFE, and Mr. ENZI) sub- SA 655. Mr. DEMINT submitted an bus appropriations for the fiscal year mitted an amendment intended to be amendment intended to be proposed by ending September 30, 2009, and for proposed by him to the bill H.R. 1105, him to the bill H.R. 1105, making omni- other purposes; which was ordered to making omnibus appropriations for the bus appropriations for the fiscal year lie on the table; as follows: fiscal year ending September 30, 2009, ending September 30, 2009, and for On page 1120, between lines 6 and 7, insert and for other purposes; which was or- other purposes; which was ordered to the following: dered to lie on the table; as follows: lie on the table; as follows: DETENTION OF INDIVIDUALS AT GUANTANAMO On page 410, after line 2, insert the fol- On page 183, between lines 21 and 22, insert BAY, CUBA lowing: the following: SEC. 414. (a) None of the funds appropriated SEC. 753. None of the funds appropriated in or otherwise made available by this Act may this Act may be used by the Federal Commu- SEC. lll. PREVENTION OF CONGRESSIONAL nications Commission to prescribe any rule, REAPPORTIONMENT DISTORTIONS. be used to construct, modify, or otherwise regulation, policy, doctrine, standard, guide- Notwithstanding any other provision of enhance any facility in the United States or line, or other requirement that has the pur- this Act, no funds appropriated or otherwise its territories to house any individual held pose or effect of reinstating or repromul- made available under this Act may be used at the detainee complex at Guantanamo Bay, gating (in whole or in part)the requirement in conducting the 2010 Census to include Cuba, as of the date of the enactment of this that broadcasters present or ascertain oppos- aliens who are in the United States in viola- Act. ing viewpoints on issues of public impor- tion of the immigration laws of the United (b) Notwithstanding section 3 of this Act, tance, commonly referred to as the ‘‘Fair- States for purposes of tabulating population for purposes of this section, the term ‘‘this ness Doctrine’’, as such doctrine was re- for the apportionment of Representatives in Act’’ shall be treated as referring to divi- pealed in In re Complaint of Syracuse Peace Congress among the several States. sions A through J of this Act. Council against Television Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 (1987). SA 656. Mr. DEMINT submitted an SA 659. Mr. INHOFE submitted an amendment intended to be proposed by amendment intended to be proposed by him to the bill H.R. 1105, making omni- SA 663. Mr. ENZI (for himself and Mr. him to the bill H.R. 1105, making omni- BARRASSO) submitted an amendment bus appropriations for the fiscal year bus appropriations for the fiscal year ending September 30, 2009, and for intended to be proposed by him to the ending September 30, 2009, and for bill H.R. 1105, making omnibus appro- other purposes; which was ordered to other purposes; which was ordered to lie on the table; as follows: priations for the fiscal year ending lie on the table; as follows: September 30, 2009, and for other pur- At the end of title VI of division D, add the In title V of division B, insert after section 530 the following: poses; which was ordered to lie on the following: table; as follows: SEC. 6ll. PROHIBITION ON FUNDING FOR EMI- PROHIBITION ON USE OF FUNDS TO CONSTRUCT NENT DOMAIN. OR ENHANCE FACILITIES IN THE UNITED On page 451, strike lines 3 through 9. (a) IN GENERAL.—Except as provided in STATES TO HOUSE DETAINEES AT GUANTA- subsection (b), notwithstanding any other NAMO BAY, CUBA SA 664. Mr. BAUCUS (for himself, Mr. provision of law, none of the funds made SEC. 531. Notwithstanding any other provi- GRASSLEY, and Ms. STABENOW) sub- available by this Act shall be used for any sion of law, no funds appropriated or other- mitted an amendment intended to be exercise of eminent domain for the purpose wise made available by this Act may be obli- proposed by him to the bill H.R. 1105,

VerDate Nov 24 2008 01:26 Mar 05, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.059 S04MRPT1 smartinez on PROD1PC64 with SENATE S2778 CONGRESSIONAL RECORD — SENATE March 4, 2009 making omnibus appropriations for the mittee on Homeland Security and Gov- tion and protection of nationally significant fiscal year ending September 30, 2009, ernmental Affairs be authorized to battlefields and associated sites of the Revo- and for other purposes; which was or- meet during the session of the Senate lutionary War and the War of 1812, and for dered to lie on the table; as follows: on Wednesday, March 4, 2009, at 9 a.m. other purposes. On page 679, after line 22, add the fol- to conduct a hearing entitled ‘‘Where Mr. WARNER. Madam President, I lowing: Were the Watchdogs? Systemic Risk ask for its second reading and object to SEC. 524. TRADE ADJUSTMENT ASSISTANCE and the Breakdown of Financial Gov- my own request. FOR COMMUNITIES.— The PRESIDING OFFICER. Objec- (a) APPROPRIATIONS FOR TRADE ADJUST- ernance.’’ tion is heard. MENT ASSISTANCE FOR COMMUNITIES.—There The PRESIDING OFFICER. Without are appropriated— objection, it is so ordered. The bill will receive its second read- (1) $60,000,000 to the Economic Develop- COMMITTEE ON THE JUDICIARY ing on the next legislative day. ment Administration of the Department of Mrs. BOXER. Mr. President, Presi- Commerce to carry out the trade adjustment f assistance for communities program under dent, I ask unanimous consent that the subchapter A of chapter 4 of the Trade Act of Senate Committee on the Judiciary be ORDERS FOR THURSDAY, MARCH 1974; authorized to meet during the session 5, 2009 (2) $20,000,000 to the Secretary of Labor to of the Senate, to conduct a hearing en- Mr. WARNER. Madam President, I carry out the Community College and Career titled ‘‘Getting to the Truth Through a ask unanimous consent that when the Training Grant Program under subchapter B Nonpartisan Commission of Inquiry’’ of chapter 4 of the Trade Act of 1974; and Senate completes its business today, it on Wednesday, March 4, 2009, at 10 a.m., adjourn until 9:30 a.m. Thursday, (3) $20,000,000 to the Secretary of Labor to in room SD–106 of the Dirksen Senate carry out the Industry or Sector Partnership March 5; that following the prayer and Grant Program for Communities Impacted Office Building. the pledge, the Journal of proceedings by Trade under subchapter C of chapter 4 of The PRESIDING OFFICER. Without be approved to date, the morning hour the Trade Act of 1974. objection, it is so ordered. be deemed expired, the time for the two (b) OFFSETS.— PERMANENT SUBCOMMITTEE ON INVESTIGATIONS leaders be reserved for their use later (1) The amount appropriated or otherwise Mrs. BOXER. Mr. President, I ask made available by title V of division D under in the day, and the Senate proceed to a unanimous consent that the Perma- the heading ‘‘LIMITATIONS ON AVAILABILITY OF period of morning business for up to 1 REVENUE’’ under the heading ‘‘FEDERAL nent Subcommittee on Investigations hour, with Senators permitted to speak BUILDINGS FUND’’ under the heading ‘‘REAL of the Committee on Homeland Secu- therein for up to 10 minutes each and PROPERTY ACTIVITIES’’ under the heading rity and Governmental Affairs be au- with the time equally divided and con- ‘‘GENERAL SERVICES ADMINISTRATION’’ is de- thorized to meet during the session of trolled between the two leaders or creased by $50,000,000. the Senate on Wednesday, March 4, at their designees; further, that the Sen- (2) The amount appropriated or otherwise 2:30 p.m., to conduct a hearing entitled ate resume consideration of H.R. 1105, made available by title IV of this division ‘‘Tax Haven Banks and U.S. Tax Com- under the heading ‘‘LIMITATION ON ADMINIS- the Omnibus appropriations bill. pliance—Obtaining the Names of U.S. TRATIVE EXPENSES’’ under the heading ‘‘SO- The PRESIDING OFFICER. Without CIAL SECURITY ADMINISTRATION’’ is decreased Clients with Swiss Accounts.’’ objection, it is so ordered. by $50,000,000. The PRESIDING OFFICER. Without f f objection, it is so ordered. SPECIAL COMMITTEE ON AGING AUTHORITY FOR COMMITTEES TO PROGRAM Mrs. BOXER. Mr. President, I ask MEET unanimous consent that the Special Mr. WARNER. Madam President, ear- COMMITTEE ON AGRICULTURE, NUTRITION, AND Committee on Aging be authorized to lier this evening the majority leader FORESTRY meet during the session of the Senate filed cloture on the Omnibus appropria- Mrs. BOXER. Mr. President, I ask on Wednesday, March 4, 2009 from 10 tions bill. As a result, the filing dead- unanimous consent that the Senate a.m.–12 p.m. in Dirksen 562. line for first-degree amendments is 1 Committee on Agriculture, Nutrition, The PRESIDING OFFICER. Without p.m. tomorrow. Rollcall votes in rela- and Forestry be authorized to meet objection, it is so ordered. tion to pending amendments are ex- during the session of the Senate on pected to occur throughout the day. Wednesday, March 4, 2009, at 9:30 a.m. f in room 216 of the Hart Senate office PRIVILEGES OF THE FLOOR f building. The PRESIDING OFFICER. Without Mr. HARKIN. Mr. President, I ask ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. unanimous consent that Sara Crouse TOMORROW and Lauren Gannon from my staff be COMMITTEE ON FINANCE Mr. WARNER. Madam President, if Mrs. BOXER. Mr. President, I ask granted the privilege of the floor for the duration of today’s session. there is no further business to come be- unanimous consent that the Com- fore the Senate, I ask unanimous con- mittee on Finance be authorized to The PRESIDING OFFICER. Without objection, it is so ordered. sent that it stand adjourned under the meet during the session of the Senate previous order. on Wednesday, March 4, 2009, at 10 a.m., f There being no objection, the Senate, in room 215 of the Dirksen Senate Of- MEASURE READ THE FIRST at 7:06 p.m., adjourned until Thursday, fice Building. TIME—H.R. 146 March 5, 2009, at 9:30 a.m. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. WARNER. Madam President, I f COMMITTEE ON FOREIGN RELATIONS understand that H.R. 146 has been re- Mrs. BOXER. Mr. President, I ask ceived from the House and is at the NOMINATIONS unanimous consent that the Com- desk. Executive nominations received by mittee on Foreign Relations be author- The PRESIDING OFFICER. The Sen- the Senate: ator is correct. ized to meet during the session of the DEPARTMENT OF HOUSING AND URBAN Senate on Wednesday, March 4, 2009, at Mr. WARNER. I ask unanimous con- DEVELOPMENT sent for its first reading. 2:30 p.m. RONALD C. SIMS, OF WASHINGTON, TO BE DEPUTY SEC- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The RETARY OF DEPARTMENT OF HOUSING AND URBAN DE- objection, it is so ordered. clerk will read the title of the bill for VELOPMENT, VICE ROMOLO A. BERNARDI, RESIGNED. COMMITTEE ON HOMELAND SECURITY AND the first time. OFFICE OF PERSONNEL MANAGEMENT GOVERNMENTAL AFFAIRS The legislative clerk read as follows: JOHN BERRY, OF THE DISTRICT OF COLUMBIA, TO BE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT Mrs. BOXER. Mr. President, I ask A bill (H.R. 146) to establish a battlefield FOR A TERM OF FOUR YEARS, VICE LINDA M. SPRINGER, unanimous consent that the Com- acquisition grant program for the acquisi- RESIGNED.

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