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

Vol. 156 WASHINGTON, THURSDAY, FEBRUARY 4, 2010 No. 17 Senate The Senate met at 12 noon and was Mrs. HAGAN thereupon assumed the resentative to the Conference on Disar- called to order by the Honorable KAY chair as Acting President pro tempore. mament. All these positions are deal- R. HAGAN, a Senator from the State of f ing with these programs the United North Carolina. RECOGNITION OF THE MAJORITY States should be involved in, but we had an objection from the Republicans. PRAYER LEADER There are people out there, evil peo- The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- fered the following prayer: pore. The majority leader is recog- ple, trying to do damage to our coun- Let us pray. nized. try every day, every week, every Almighty and everlasting God, in f month, every hour. It is hard for me to comprehend that people with impec- whom we live and move and have our SCHEDULE being, we invoke Your divine presence cable records, such as Philip Goldberg, among us. Draw our Senators nearer to Mr. REID. Madam President, fol- an appointee of President Bush to be You and to one another as You give lowing leader remarks, there will be 20 Ambassador to Bolivia, who has an them the gift of Your peace that is be- minutes for debate prior to a vote on outstanding record of doing things for yond all human understanding. Lord, confirmation of the nomination of Pa- our country, is being objected to as give them also courage, fortitude, and tricia Smith to be Solicitor for the De- being the person assigned by the White stability that will keep them firm and partment of Labor. House and Secretary Clinton to be in Upon disposition of that nomination, steadfast in the face of difficulties. charge of intelligence at the State De- there will be 2 hours for debate prior to May they serve with fidelity the cause partment. of our Nation and of our common hu- a vote on invoking cloture on the nom- ination of Marcia Johnson to be Ad- Caryn Wagner, who is eminently manity. Help them to build alliances qualified, I have never heard anything with others who seek to bring sense ministrator of General Services. Under suggested that there is anything wrong and system to our disordered world. We a previous order, if cloture is invoked, with her background or qualifications. pray in Your holy Name. Amen. all postcloture debate time will be yielded back and the Senate will pro- Yet there is objection to her being the f ceed to a vote on her confirmation. person who deals with the safety of our PLEDGE OF ALLEGIANCE For the information of Senators, homeland. The Honorable KAY R. HAGAN led the Senator KIRK will give his farewell Laura Kennedy is the woman nomi- Pledge of Allegiance, as follows: speech at 3:45 p.m. or thereabouts nated to be the U.S. Representative to today. Senator-elect BROWN will be I pledge allegiance to the Flag of the the Conference on Disarmament. We sworn in at 5 p.m. today. United States of America, and to the Repub- are a nuclear power, and the United lic for which it stands, one nation under God, I say publicly for Senator KIRK that indivisible, with liberty and justice for all. I am not sure I will be able to be here. States doesn’t have anybody at these conferences. f The President has called something at Finally, GEN Clifford Stanley to be APPOINTMENT OF ACTING the White House and I have to be there. Under Secretary of Defense. This man PRESIDENT PRO TEMPORE I will do my utmost to be back by 5 for the swearing in of Senator BROWN. would be the third highest ranking per- The PRESIDING OFFICER. The f son at the Pentagon. One of the things clerk will please read a communication he is responsible for is making sure all to the Senate from the President pro CONFIRMATION OF PRESIDENTIAL NOMINEES our troops around the world have ev- tempore (Mr. BYRD). erything they need. He is responsible The legislative clerk read the fol- Mr. REID. Madam President, since I for making sure the 30,000 people who lowing letter: last asked unanimous consent to have are headed for Afghanistan can go to ENATE confirmed three important nomina- U.S. S , Afghanistan when deemed ready to go PRESIDENT PRO TEMPORE, tions—one, the top intelligence official by the Pentagon. That is his job. There Washington, DC, February 4, 2010. at the Department of Homeland Secu- is no one to do that. I can’t imagine To the Senate: rity, the other a top intelligence offi- Under the provisions of rule I, paragraph 3, cial at the State Department, and the anybody objecting to that, but they of the Standing Rules of the Senate, I hereby third the highest ranking member of have done so. appoint the Honorable KAY R. HAGAN, a Sen- ator from the State of North Carolina, to the entire Pentagon—I said three and There isn’t enough time in the perform the duties of the Chair. there are actually four I asked unani- world—the Senate world, at least—to ROBERT C. BYRD, mous consent on, and the fourth is an move cloture on every one of these. We President pro tempore. individual who would be the U.S. Rep- have spent all this week on two people.

∑ 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 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.000 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S452 CONGRESSIONAL RECORD — SENATE February 4, 2010 Today is Thursday. I know we were in- Whatever it is, I would almost bet a lot The leader earlier talked about the terrupted yesterday because of the re- it is nothing that would be comparable amount of time it takes for cloture on treat, but we have spent all day on to holding up these extremely sensitive people. It does take quite a while, but Monday, Tuesday, and now Thursday positions keeping our country safe. I it is part of the process. I can tell you, on two nominees, one to be the Solic- think it is outlandish, and I can’t when there is a hearing on a person, if itor at the Department of Labor—that imagine this is the right thing to do. there are 270 questions to start with is the lawyer for the entire Department f and the other people in a similar posi- of Labor—and the one we are working tion have a couple dozen questions, you on today is to have someone run the RECOGNITION OF THE MINORITY know there is a little bit of a problem General Services Administration. The LEADER that could develop with that one per- Federal Government is the largest real The ACTING PRESIDENT pro tem- son, depending on how they answer or estate holder in the world, and the pore. The Republican leader is recog- don’t answer the questions. General Services Administration man- nized. This isn’t something new. This isn’t ages that. Yet we have no one to run f something that happened just this that. year. I was chairman of the HELP So we have had to file cloture. Every- WELCOMING SENATOR BROWN OF Committee for 2 years and then rank- one within the sound of my voice un- MASSACHUSETTS ing member for 2 years. During that derstands it takes a long time to do Mr. MCCONNELL. Madam President, time, President Bush had an appoint- that. We have to lay it down, file clo- a little earlier today the Massachusetts ment as the FDA Commissioner that ture, 2 days, 30 hours. It is not right, Secretary of State formally certified was stopped. We never even got him to and I hope we can get more coopera- the election of SCOTT BROWN as the new the floor. We had an MSHA Director— tion. Senator and the newest Member of this I think it was the first MSHA Direc- I have been someone who has tried body. He will come to Washington and tor—who worked in a mine. That was hard not to have the President do re- be sworn in on the Senate floor, as is the mining safety person. We had a cess appointments, but what alter- customary, later today. We all look Surgeon General and others. Then the native do we have? What alternative do forward to welcoming him. The people schedule was set up so there were no we have? We have on the calendar doz- of Massachusetts are eager to have recesses so there couldn’t be recess ap- ens of people who are being held up— Senator BROWN working on their be- pointments. So this is an ongoing mat- dozens—and I have only picked out a half, and Republicans look forward to ter and both sides should take note of few; these very sensitive people, deal- having him join our conference. This that and ask the person making the ing with the safety and security of our was certainly a high-profile election, nominations to come up with reason- country. I think it is without expla- but now it is time to get to work. able nominations, not people who have nation why this is happening. I yield the floor. an agenda already set out that will re- Again, I ask unanimous consent that f sult in the kind of conflicts we have the Senate consider the following had on some of these nominations. nominations, en bloc, and we proceed RESERVATION OF LEADER TIME This advice and consent is a responsi- to executive session, Calendar No. 561, The ACTING PRESIDENT pro tem- bility I take seriously. Nominees be- GEN Clifford Stanley to be Under Sec- pore. Under the previous order, the fore the Senate must be qualified and retary of Defense; Calendar No. 603, leadership time is reserved. present their credentials to us com- Laura Kennedy to be U.S. Representa- f pletely and honestly. Senators have an tive to the Conference on Disar- obligation to confirm nominees who mament; Calendar No. 614, Philip Gold- EXECUTIVE SESSION possess the strength of character and berg to be Assistant Secretary of State experience required for a position of for Intelligence and Research; Calendar NOMINATION OF M. PATRICIA public trust. I rarely oppose Presi- No. 615, Caryn Wagner to be Under Sec- SMITH TO BE SOLICITOR FOR dential nominees and to date have sup- retary for Intelligence and Analysis at THE DEPARTMENT OF LABOR ported over 50 nominees reviewed in the Department of Homeland Security; the HELP Committee since the Presi- that the nominees be confirmed en The ACTING PRESIDENT pro tem- dent was inaugurated. I believe the bloc, the motions to reconsider be laid pore. Under the previous order, the President is ultimately responsible for upon the table en bloc, any statements Senate will proceed to executive ses- the conduct of his administration, so relating to the nominations appearing sion to resume consideration of the fol- he has a right to select his team, up to at the appropriate place in the RECORD lowing nomination, which the clerk a point. as if read, and the President be imme- will report. New York commissioner of labor Pa- diately notified of the Senate’s action. The legislative clerk read the nomi- tricia Smith’s long record of public The ACTING PRESIDENT pro tem- nation of M. Patricia Smith, of New service—which my colleagues in the pore. Is there objection? York, to be Solicitor for the Depart- majority have discussed in detail— Mr. MCCONNELL. Madam President, ment of Labor. would ordinarily have made her a bi- reserving the right to object, and I am The ACTING PRESIDENT pro tem- partisan choice to lead one of the most going to have to do that, I wish to indi- pore. Under the previous order, there important offices in the U.S. Labor De- cate Senator SHELBY has been in dis- will be 20 minutes of debate, equally di- partment. Unfortunately, her mis- cussions with the administration over vided and controlled between the Sen- leading testimony to the HELP Com- an issue with which I am not terribly ator from Iowa, Mr. HARKIN, and the mittee has caused me to lose con- familiar, and I believe that is the gen- Senator from Wyoming, Mr. ENZI, or fidence in her nomination. esis of his objection. He is not able to their designees. I spoke on Monday about the specific be here at the moment to state his po- Who yields time? factual inconsistencies, and on Tues- sition. Maybe in discussions with him, The Senator from Wyoming. day I discussed a number of other con- we can make some progress on these, Mr. ENZI. Madam President, I rise, cerns about Ms. Smith’s agency and a sooner rather than later, but for the again, in opposition to the nomination program she created and implemented moment I am constrained to object on of Patricia Smith to serve as the Solic- in New York. I have also posted a 41- his behalf. itor of the Labor Department. As I page report detailing my concerns with The ACTING PRESIDENT pro tem- noted on Monday, the Framers crafted Ms. Smith’s nomination on the HELP pore. Objection is heard. a system of checks and balances to en- Committee Web site. Mr. REID. Madam President, I under- sure that each government branch has The report found that Ms. Smith mis- stand the objection of the Senator, the a means to review the actions of other led the HELP Committee over the Republican leader, but I don’t know branches. In the Senate, one of those course of several months. what my friend, Senator SHELBY—and I checks is our constitutional duty to That report may be found at http:// say that because he is my friend—I provide advice and consent on execu- help.senate.gov/imo/media/doc/ don’t know what problems he has. tive branch nominations. 2010l02l011.pdf.

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.001 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S453 The majority acknowledges that this nominee in committee and made timony, I read the record more than there are factual inconsistencies be- the same offer of assistance in ensuring once on that. She has answered that in tween what Ms. Smith said before the a qualified replacement is given a swift writing back. It was a question by Sen- HELP Committee and official docu- review and confirmation. I was forced ator BURR about whether she had plans ments from the State of New York. The to insist on a full debate on her nomi- for expansion, something like that. She suggestion that the rationale for these nation, which advanced on a party-line said no to that. inconsistencies lies in the fact that Ms. vote this past Monday. What she meant to say—and when Smith was busy running a large agency It is clear that Ms. Smith’s state- she reread it, she answered in writing— and cannot really be held accountable ments misled the committee. It is also she had not authorized an expansion of for this small program is simply not apparent that each inconsistent state- the program. Yes, she had discussions supported by the facts. Official docu- ment in effect downplayed concerns with her staff and maybe others about, ments show the following: Ms. Smith held by Republican members. Most dis- if the pilot program actually worked named the program. She personally turbing, however, is that her written and was successful, yes, they would met with the union organizer and com- committee responses suggest Ms. plan to expand it. But they had to get munity organizing advocates devel- Smith knew her testimony was mis- the pilot program through first to see oping it with her subordinates in No- leading as early as July 2009 but did what went wrong, what went right, vember 2008. She personally met with not correct the problem until con- does it need to be changed, does it need the five trade associations concerned tacted by a. majority staff in Sep- to be modified before there can be an about the program. She personally pro- tember—more than 2 months later. expansion. So, again, she corrected the moted the program in speeches, inter- I strongly believe that confirming record on that, saying she had not au- nally to her staff and to the media. someone as a head legal officer for a thorized an expansion of the program Ms. Smith was involved in close to Cabinet agency under these cir- at that point. 100 communications about the pro- cumstances sends the wrong message Again, there were two minor mis- gram, either being referenced or as a to the American people and the career takes corrected in writing. That is sender or recipient. Moreover, she ad- staff she will oversee. I am also par- hardly a cause for denying her this po- mits her program was the topic of nu- ticularly disappointed that such a con- sition. As I pointed out yesterday, we merous personal discussions she had troversial nominee is being forced correct the RECORD all the time around with the New York Governor’s Office: through before newly elected Senator here when we speak on the Senate floor Beginning in the late fall of 2008, I also dis- SCOTT BROWN is sworn in. These sorts because maybe I made a mistake in cussed the pilot on numerous occasions with of actions may be part of the reason what I really wanted to say, I didn’t Jeff Mans, the Deputy Secretary to the Gov- say it correctly. I probably should not ernor for Labor and Financial Regulation. I public confidence in Congress and the have no written notes from the conversa- government is so low. say this, but sometimes reporters don’t tions and can not tell you on what days the I urge my colleagues to oppose this kind of get the nuance of what we discussions took place as I speak with Mr. nomination. wanted to say, perhaps, and how we Mans at least three times a week and there I yield the floor and reserve the re- wanted say it. So we correct the was never a conversation specifically de- mainder of my time. RECORD all the time. It is done all the voted to the pilot. The purpose of the con- The ACTING PRESIDENT pro tem- time around here between what you versations was to apprise him of the Labor pore. The Senator from Iowa is recog- say and what you read in the CONGRES- Department’s ideas for the pilot and to get nized. the approval of the Governor’s office. . . . I SIONAL RECORD because human beings had a telephone conversation with the As- Mr. HARKIN. Madam President, I make mistakes. So, again, hardly a sistant Counsel David Weinstein of the Gov- have listened again to my friend, and cause for denying Patricia Smith this ernor’s counsel’s office, and Deputy Sec- he is my friend. We worked together on position. retary Mans, on February 4th. I answered a lot of issues, and we will continue to Again, I daresay I have not heard questions about how the program operated. work together on issues. I have lis- anyone question her qualifications. She I have heard the suggestion from the tened to Senator ENZI’s comments, and is eminently well qualified for this po- other side of the aisle that because the I was thinking, is there anything new sition. As I said the day before yester- program does not appear illegal or im- here? We have heard all this before, on day—and I put in the RECORD a number moral, Ms. Smith should get a pass for and on and again. No matter how many of letters from business groups in New her factual inconsistencies. However, times you repeat it, it just doesn’t York supporting her, saying she was the question of whether Wage and Hour seem to hold much water. fair and judicious, worked with them. Watch was ethical or legal is irrelevant I grant Ms. Smith made two mis- She has run the department of labor in to whether Ms. Smith’s testimony was takes in her testimony, two mistakes New York—I think an $11 billion agen- inaccurate or misleading. when she appeared before the com- cy with about 4,000 employees. No one The majority also argues there was a mittee—which she corrected. One of has ever questioned her ability to run possible breakdown between Ms. Smith those had to do with the origins of the that agency. and her deputy that caused the mis- program. When she was asked about We have heard: Well, if she didn’t leading testimony. Ms. Smith, how- this, she thought at that time that the know what was going on with this lit- ever, has worked with her deputy for program really had kind of originated tle $4,000 pilot project, then she can’t more than five years. Moreover, if con- among her staff. What she found out run an agency. You know, again, we al- firmed, Ms. Smith would be in charge was that some of her staff had been ways delegate to staff—especially if of legal compliance for a Department talking to outside groups about this. you have large stuff and you are run- whose budget projects spending ten The idea seemed to come from just a ning big things—about little things times what she oversees in New York— meeting of different people, but both like that that they can do. $104.5 billion in 2010. Leaving aside the within her agency and outside, so Ms. Again, I heard my friend say she extensive documentation showing she Smith corrected that. That is hardly a knew about this program. Of course she was heavily involved in this program, I cause for her not assuming this posi- knew about the program, she knew ask my colleagues: why would we con- tion. Again, why would she want to about the pilot program. Frankly, I sider expanding her responsibility ten- mislead the committee on that when think she was kind of excited about the fold when she has been unable to over- there was nothing wrong with it? So program to see whether it would work see her subordinates effectively in New the idea came from an outside group— and if it was a legitimate, good pro- York? so what? It doesn’t make any dif- gram that would work to help inform In August, I noted my concerns to ference. She was just trying to answer people of their rights under the law. President Obama, and offered my as- honestly where she thought the idea Surely, my friend is not saying that is sistance in ensuring a qualified re- had originated within her agency. So, something that should not be done— placement would be confirmed quickly. again, she corrected that, as we let help people, inform them of their I also joined nine Republican HELP people do. rights, or to report violations of the Committee members in urging Chair- The second one had to do with the ex- law. Surely, no one is saying no one, if man HARKIN to refrain from approving pansion of the program. I read the tes- they see a violation of the law, should

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.003 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S454 CONGRESSIONAL RECORD — SENATE February 4, 2010 not report it. But that is what this health care, about their kids’ edu- A deep concern to me is how Ms. Wage Watch was supposed to do. cation, and more than anything, about Smith described the decision not to She made it clear in her statement of their jobs—if they don’t have one, conduct vetting or background checks January 2009—in her statement, not about when they are going to get one, for the Wage and Hour Watch partici- staff’s statement but her statement and if they have one, can they keep it. pants who could collect this personal and her e-mail to her subordinates— How they are going to pay their bills if information. When questioned about it, that this was not an investigative arm, they become unemployed? We can’t she explained there is no formal vet- they were not replacing staff, this was help them, we can’t help the families of ting process for the New York State merely an informational group, and America by spending day after day of Department of Labor to partner with also to see if there were any violations time here in quorum calls, with the an entity. They did not consider the of law, to report it. Surely, no one can lights on, the electricity running, peo- possibility of background checks on say that is not a legitimate function of ple here, and we do nothing, we just sit the groups, but ultimately rejected the volunteer groups. here because the Republican side has idea after inquiring as to why the Again, we are here to vote on final engaged in a filibuster. Playing these Neighborhood Watch groups were sub- passage of the nomination of Patricia procedural games does not advance our jected to background checks. The de- Smith for Solicitor of the Department country one bit. partment was informed that the groups of Labor. I am glad we can finally bring We can, however, help our families by participating in this more sensitive this to a close. It has gone on too long. attacking the jobs problem with every crime prevention partnership are not We have been considering it on the weapon in our arsenal, and that in- subject to a check. But there is a major floor since Monday, postcloture. In all cludes a fully staffed and strong De- difference in the way they work. The that time, there has been very little by partment of Labor. While I am sorry it National Sheriff’s Association Neigh- way of debate. We have only had two has come to this, this long filibuster borhood Watch Program, unlike the Republican Members come to this floor and all these days wasted, I am glad Wage and Hour, is purely an observe to speak and explain why they oppose this process has come to an end. It is and report program. Calling the police this critical nomination. time to vote so we can let Patricia about suspicious activity in a public There is nothing new about Patricia Smith get to work, so we can get back area is different than investigating the Smith that we have learned since Mon- to the business here of helping our fam- wages and hours of individual employ- day. Indeed, nothing has emerged that ilies across America. ees and recording their personal con- we didn’t know when we voted her out I yield the floor. Mr. ENZI. Madam President, what is tact information. of committee back in September. We So for these reasons, and the ones I know she is well qualified, extremely. the time situation? The ACTING PRESIDENT pro tem- have given on previous occasions, and Everyone acknowledges this. She has pore. The Senator from Wyoming has 2 that Senator ISAKSON has given and an impressive record of accomplish- minutes 40 seconds. The Senator from members of the committee have ex- ments at the New York Department of Iowa has 34 seconds. pressed, I urge my colleagues to oppose Labor. She is strongly supported by Mr. ENZI. Madam President, this ar- the nomination. local leaders and even the local busi- gument about using the filibuster—I I yield the floor and the remainder of ness community. Again, this, too, is have to say that both sides have used my time. undisputed. And as I said, she corrected the same cloture techniques. I think if The ACTING PRESIDENT pro tem- in writing these two errors she made you check with the Bush nominees, we pore. The Senator from Iowa. when she testified before the HELP usually withdrew those and put some- Mr. HARKIN. Let me put one thing Committee last year. one else in. Of course, that had some- to rest here. No one on Wage Watch In the 4 months that have passed thing to do with the relative size of the was authorized to enter any business since the Republicans first threatened majorities. unless the business owner agreed to to filibuster her nomination, we have But the problem here is with how the that. The only exception is if the pub- not learned one new piece of informa- program was run. We keep talking lic was allowed. Sure, they could go tion that can change anyone’s mind about whether it was legal. It probably into a department store or a restaurant about whether she is a qualified can- was legal, but there are some things or someplace such as that where the didate to serve as Solicitor of Labor. done there that I don’t think the aver- general public went. But they could All the last 4 months of delay has age person wants done to them. The not go into any business without the achieved is to keep her out her job and Wage and Hour program was to recruit business owner’s permission, and they hamper the Department of Labor’s and train union organizers and public could do nothing other than what the ability to perform its important func- interest groups to go into businesses general public can do right now. tion. with compliance literature and inter- We need more people doing what That is not what this process is sup- view employees to discover violations these volunteers were doing and mak- posed to be about. This government of the wage and hour law. It was ex- ing sure that people’s rights are re- cannot function if we, as Senators en- panded to include OSHA. spected. trusted with the important power to The State of New York gives partici- Mr. LEAHY. Madam President, advise and consent on Presidential pants materials to disseminate and of- today, the Senate will finally have an nominations, abuse that power—I re- ficial cards identifying them and their up-or-down vote on the nomination of peat, abuse that power by using ex- group as part of a program for when Patricia Smith to be Solicitor General traordinary procedural tactics to block they enter businesses and speak with for the Department of Labor. Earlier the nominations of qualified people. the employers and employees. As part this week the Senate voted to invoke The filibuster, as I understand it, was of this process, union and community cloture and end the 15th filibuster of supposed to be reserved for extreme organizers were directed to gather per- President Obama’s nominations to fill cases when there are critical public sonal telephone numbers, vehicle li- important posts in the executive policy issues at stake, where the coun- cense plates and home addresses of branch and the judiciary. That number try may be divided on them. It is not business owners, as well as details does not include the many others who supposed to be a routine delay tactic about the employees working there. have been denied up or down votes in for every nominee the minority party Labor organizers and community activ- the Senate by the anonymous obstruc- disagrees with or that one person—not ists were allowed to use this informa- tion of Republicans refusing to agree to the entire group but one person—dis- tion for their own organizing activi- time agreements to consider even non- agrees with. ties. State identification cards were controversial nominees. The American people are getting fed provided to the individuals, but the Every single Republican Senator who up, and they should be. We cannot even State conducted no background check voted on Monday voted against cloture get routine business conducted around on those they trained and provided and to keep filibustering this well- here anymore. American families are identification cards. Is that the kind of qualified nominee. Every single Repub- sitting around the kitchen table wor- program we would expect Ms. Smith to lican voted to obstruct the Senate from ried about a lot of things—about their federalize if she became a Solicitor? doing the business of the American

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.004 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S455 people. Wasn’t it just a few years ago have seen the repeated use of filibus- proceeded to confirm 72 judicial nomi- that Republicans were demanding up or ters, and delay and obstruction have nations, and helped reduce the vacan- down votes for nominees, and con- become the new norm for the Repub- cies left by Republican obstructionism tending that filibusters of nominations licans in the Senate. We have seen un- from over 110 to 59 by the end of 2002. were unconstitutional? Not a single precedented obstruction by Senate Re- Overall, in the 17 months that I chaired Republican voted for cloture and to publicans on issue after issue—over 100 the Senate Judiciary Committee dur- stop the filibuster of this nomination. filibusters last year alone, which has ing President Bush’s first term, the The obstruction and delay does not affected 70 percent of all Senate action. Senate confirmed 100 of his judicial stop there. Since 60 Members of the Instead of time agreements and the nominees. Senate voted to invoke cloture and will of the majority, the Senate is We continued to be fair and contin- bring the debate to a close, Republican faced with a requirement to find 60 ued working to reduce judicial vacan- Senators have insisted on delaying the Senators to overcome a filibuster on cies even during President Bush’s last vote for several additional days. This issue after issue. Those who just a year in office. With Democrats again in afternoon, that up-or-down vote finally short time ago said that a majority the majority, we reduced judicial va- takes place. vote is all that should be needed to cancies to as low as 34, even though it After the Senate is finally able to confirm a nomination, and that filibus- was a Presidential election year. When consider the Smith nomination, we will ters of nominations are unconstitu- President Bush left office, we had re- then have the opportunity to end the tional, have reversed themselves and duced vacancies in nine of the 13 Fed- filibuster of another nomination, that now employ any delaying tactic they eral circuits. The Republican Senate minority has of Martha Johnson to head the General can. The Republican practice of making resumed its strategy to put partisan Services Administration, GSA. Her politics ahead of the needs of the nomination has been stalled on the supermajorities the new standard to proceed to consider many non- American people for courts that can Senate Executive Calendar since June 8 provide justice. Last year was worse due to the opposition of a single Repub- controversial and well-qualified nomi- nations for important posts in the ex- than the 1996 session when they al- lican Senator over a dispute with GSA lowed confirmation of only 17 judicial about plans for a Federal building in ecutive branch, and to fill vacancies on the Federal courts, is having a debili- nominees. The years of demands from his home State. The will of the Senate Republican Senators for up-or-down tating effect. Despite the fact that and the needs of the American people votes for every nominee apparently President Obama began sending judi- are held hostage by a single Senator. only applied to those nominated by a cial nominees to the Senate 2 months Overall, as of this morning, there Republican president. were more than 75 judicial and execu- earlier than President Bush, last year’s As matters stand today, judicial va- tive nominees pending on the Senate total was the fewest judicial nominees cancies have spiked again as they did Executive calendar, many being held confirmed in the first year of a Presi- due to Republican obstruction in the up for purely political purposes. dency since 1953, a year in which Presi- 1990s, and are again being left unfilled. Yesterday, at the Democratic Policy dent Eisenhower only made nine nomi- We started 2010 with the highest num- Committee’s issue retreat, I asked nations all year, all of which were con- ber of vacancies on article III courts President Obama if he will continue to firmed. The number of confirmations since 1994, when the vacancies created work hard to send names to the Senate was even below the 17 the Senate Re- by the last comprehensive judgeship as quickly as possible and to commit to publican majority allowed to be con- bill were still being filled. While it has work with us, both Republicans and firmed in the 1996 session. The Senate been nearly 20 years since we enacted a Democrats, to get these nominees con- could have considered and confirmed Federal judgeship bill, judicial vacan- firmed. So far since taking office, the another 10 judicial nominees that had cies are nearing record levels, with 102 President has reached across the aisle all been reported by the Senate Judici- current vacancies and another 21 al- working with Republicans and Demo- ary Committee. Only 12 of President ready announced. If we had proceeded crats to identify well-qualified nomina- Obama’s judicial nominations to Fed- on the judgeship bill recommended by tions. Yet even these nominations are eral circuit and district courts were the Judicial Conference to address the delayed or obstructed. The President confirmed all last year, less than half growing burden on our Federal judici- responded by stating: of what we achieved during the second ary, as we did in 1984 and 1990, in order Well, this is going to be a priority. Look, half of President Bush’s first tumul- to provide the resources the courts it’s not just judges, unfortunately, Pat, it’s tuous year. need, current vacancies would stand also all our federal appointees. We’ve got a We have confirmed only two more ju- over 160 today. That is the true meas- huge backlog of folks who are unanimously dicial nominees so far this year. Repub- ure of how far behind we have fallen. viewed as well qualified; nobody has a spe- licans have objected to consideration Justice should not be delayed or denied cific objection to them, but end up having a of the nomination of Joseph to any American because of overbur- hold on them because of some completely Greenaway of New Jersey to the Third dened courts and the lack of Federal unrelated piece of business. Circuit, a nomination reported unani- On the judges front, we had a judge for judges. The rule of law demands more. the—coming out of Indiana, Judge Hamilton, mously from the Senate Judiciary The American people deserve better. who everybody said was outstanding—Evan Committee last October. His would be Among the nominees ready for Sen- Bayh, Democrat; Dick Lugar, Republican; all the next judicial nomination to con- ate approval are nine Federal judicial recommended. How long did it take us? Six sider and confirm, but Senate Repub- nominees reported by the Senate Judi- months, six, seven months for somebody who licans object. ciary Committee. Two would fill va- was supported by the Democratic and Repub- Even after years of Republican pock- cancies on the Third Circuit, three lican senator from that state. And you can et filibusters that blocked more than 60 would fill vacancies on the Fourth Cir- multiply that across the board. So we have of President Clinton’s judicial nomi- cuit, and there are nominees to fill va- to start highlighting the fact that this is not nees, Democrats did not practice this how we should be doing business. cancies on the First, Second and Sixth kind of obstruction and delay in con- Circuits, as well as a district court ***** sidering President Bush’s nominations. nominee to Wisconsin. The delay in Let’s have a fight about real stuff. Don’t We worked hard to reverse the Repub- considering them is also part of this ef- hold this woman hostage. If you have an ob- lican obstructionism. In the second jection about my health care policies, then fort to delay and obstruct. Judge let’s debate the health care policies. But half of 2001, the Democratic majority Greenaway, about whom Senators LAU- don’t suddenly end up having a GSA admin- in the Senate proceeded to confirm 28 TENBERG and MENENDEZ spoke again istrator who is stuck in limbo somewhere be- judges. By this date during President this week, was reported by unanimous cause you don’t like something else that Bush’s first term, the Senate had con- consent back in October, four months we’re doing, because that doesn’t serve the firmed 31 circuit and district court ago. Nobody has come forward to ex- American people. nominations compared to only 14 dur- plain why his nomination is being I could not agree more with Presi- ing President Obama’s first two years. stalled. He is a good judge. Senator dent Obama. This should not be the In the second year of President Bush’s SESSIONS praised him at his confirma- way the Senate acts. Unfortunately, we first term, the Democratic majority tion hearing. Judge Greenaway is one

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.006 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S456 CONGRESSIONAL RECORD — SENATE February 4, 2010 of the many outstanding judicial nomi- that we can work together to regain The clerk will report the nomination. nations reported by the Senate Judici- the trust of the American people. The legislative clerk read the nomi- ary Committee that remain stalled on The ACTING PRESIDENT pro tem- nation of Martha N. Johnson, of Mary- the Senate Executive Calendar. They pore. Under the previous order, the land, to be Administrator, General should have been confirmed last year question is, Will the Senate advise and Services Administration. and would have but for Republican ob- consent to the nomination of M. Patri- The ACTING PRESIDENT pro tem- jection. When considered, they will be cia Smith, of New York, to be Solicitor pore. The Senator from Connecticut. confirmed but not before being need- for the Department of Labor? Mr. LIEBERMAN. Madam President, lessly delayed for months. Mr. HARKIN. I ask for the yeas and I rise to urge my colleagues in the They insisted on debate on the nomi- nays. strongest terms to vote for cloture on nation of Judge Gerard Lynch, who was The ACTING PRESIDENT pro tem- the nomination of Martha Johnson to confirmed with more than 90 votes. Re- pore. Is there a sufficient second? be Administrator of the General Serv- ices Administration. The point of clo- publicans insisted on hours of debate There appears to be. ture is to allow this critical agency to for the nomination of Judge Andre The clerk will call the roll. finally have a permanent leader. It Davis, who was confirmed with more The legislative clerk called the roll. would be the first time in nearly 2 than 70 votes. Senate Republicans un- Mr. KYL. The following Senators are years and could potentially save Amer- successfully filibustered the nomina- necessarily absent: the Senator from ica’s taxpayers billions of dollars in the tion of Judge David Hamilton last No- Ohio (Mr. VOINOVICH), the Senator from bargain. vember, having delayed its consider- Texas (Mrs. HUTCHISON), and the Sen- ation for months. For at least 2 addi- Let me give a few examples of what ator from Utah (Mr. BENNETT). is at stake, which is to say what the tional months, Judge Beverly Martin’s The ACTING PRESIDENT pro tem- General Services Administration can nomination was stalled because Repub- pore. Are there any other Senators in do for us. Last year, Federal agencies licans would not agree to consider it the Chamber desiring to vote? bought $53 billion worth of goods and before January 20. Judge Martin had The result was announced—yeas 60, services, and they did so through con- the strong support of both of her home nays 37, as follows: tracts negotiated by the General Serv- State Republican Senators, Senator [Rollcall Vote No. 18 Ex.] ices Administration, the GSA. Having CHAMBLISS and Senator ISAKSON, and YEAS—60 GSA negotiate these procurements lets the highest possible rating from the the individual agencies focus on their American Bar Association’s Standing Akaka Franken Mikulski Baucus Gillibrand Murray core missions, doing what we or pre- Committee on the Federal Judiciary. Bayh Hagan Nelson (NE) vious Congresses created them to do. It Begich Harkin Nelson (FL) Still, Republicans delayed her consid- also allows the Federal Government to eration. Bennet Inouye Pryor Bingaman Johnson Reed leverage our buying power because if None of the nine Federal circuit and Boxer Kaufman Reid the buying is occurring from one cen- district court nominations pending as Brown Kerry Rockefeller tral agency, we can get, in conven- of this morning on the Senate Execu- Burris Kirk Sanders tional terms, volume discounts, leading tive Calendar should be controversial. Byrd Klobuchar Schumer Cantwell Kohl Shaheen to lower costs and, therefore, savings Six were reported by the Senate Judici- Cardin Landrieu Specter to the taxpayers. ary Committee without a single dis- Carper Lautenberg Stabenow We need strong leadership at GSA to senting vote. One had 1 negative vote, Casey Leahy Tester Conrad Levin Udall (CO) ensure these savings are a reality. For one had 3 negatives votes and the Dodd Lieberman Udall (NM) example, in 2007, GSA awarded the nominee from Tennessee supported by Dorgan Lincoln Warner NETWORX contracts to provide tele- Senator ALEXANDER had 4 negatives Durbin McCaskill Webb phone network and information tech- votes but 15 in favor, including three Feingold Menendez Whitehouse Feinstein Merkley Wyden nology services to all Federal agencies. Republicans. We have wasted weeks That is a program estimated to be val- NAYS—37 and months having to seek time agree- ued at, at least, $68 billion in the ments in order to consider nominations Alexander DeMint McCain course of its 10-year lifetime. These that were reported by the Senate Judi- Barrasso Ensign McConnell Bond Enzi Murkowski contracts will allow agencies to take ciary Committee unanimously and who Brownback Graham Risch full advantage of the new technologies are then confirmed unanimously by the Bunning Grassley Roberts their colleagues in the private sector Burr Gregg Senate once they were finally allowed Sessions use every day to increase efficiency to be considered. That obstruction and Chambliss Hatch Shelby Coburn Inhofe Snowe and lower costs. But without a perma- delay continues. Cochran Isakson Thune nent Administrator at GSA, agencies Collins Johanns The American people deserve better. Vitter have been slow to move to the Corker Kyl The cost will be felt by ordinary Amer- Wicker Cornyn LeMieux NETWORX services, costing taxpayers icans seeking justice in our overbur- Crapo Lugar more than $150 million to date and an dened Federal courts. President Obama NOT VOTING—3 additional $18 million every month. has reached across the aisle and Given GSA’s wide responsibilities in Bennett Hutchison Voinovich worked with Republican Senators, in- providing information technology and cluding Senators LUGAR, MARTINEZ, The nomination was confirmed. telecommunications services, I am con- SHELBY, SESSIONS, THUNE, ALEXANDER, The ACTING PRESIDENT pro tem- cerned that we lack a confirmed Ad- BURR, CHAMBLISS and ISAKSON. I wish pore. Under the previous order, the mo- ministrator at a time when we are also Senator Republicans and the Senate tion to reconsider is considered made trying, of course, to strengthen our Republican leadership would reconsider and laid upon the table. cyber-defenses. Government Web sites, their tactics of obstruction and delay The President will be immediately such as private Web sites, are con- and work with us and with the Presi- notified of the Senate’s action. stantly under attack. GSA needs to dent. f play and can play a very important The Republican minority must be- role in ensuring that our Federal IT NOMINATION OF MARTHA N. JOHN- lieve that this partisan playbook of ob- systems are resistant to those cyber- SON TO BE ADMINISTRATOR, struction will reap political benefit for attacks. Furthermore, because of the GENERAL SERVICES ADMINIS- them and damage to the President. But government’s buying power, GSA’s pur- TRATION the people who pay the price for this chases will have a natural positive political calculation are the American The ACTING PRESIDENT pro tem- spillover effect in the private sector. people who depend on the government pore. Under the previous order, there In other words, GSA, by its own re- being able to do its job. I hope that Re- will be 2 hours of debate prior to a vote quirements associated with purchases, publican Senators will rethink their on the motion to invoke cloture on the can drive technologies that then be- political strategy and return to the Johnson nomination, with the time come more available to the general Senate’s tradition of promptly consid- equally divided and controlled between public, and I am thinking here specifi- ering noncontroversial nominations so the leaders or their designees. cally of technologies that can defend

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.006 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S457 against cyber-attack on private compa- 2008—almost 2 years. April 2008 was the the Homeland Security Committee, nies as well as on public Web sites. time when the former Director was and I am familiar with the work he and Here is another example about an- asked to resign by the previous admin- his ranking member, SUSAN COLLINS, other function of the GSA. GSA is ef- istration. GSA has since been run by the Senator from Maine, have done to- fectively the government’s landlord, five acting Administrators who could gether. They have shown a real exam- with 8,600 buildings and assets under not act with the same authority as a ple of bipartisanship, and I would hope its control that are valued at more Presidentially appointed, Senate-con- his calls for this nominee to move for- than $500 billion. It is one of the larg- firmed person in that top job. ward without delay and not be held up est, if not the largest, property man- But both before and after her govern- would be heeded. agement organizations in the world. ment service, Martha Johnson’s career Another of GSA’s roles is to help shows a quite extraordinary mix of LOUISIANA FMAP FORMULA other agencies dispose of buildings and work in the public, private, and aca- Mr. President, I am on the floor to demic sectors that we should want in property they no longer need. Across speak about a different subject, one the government, these numbers are government service. Ms. Johnson holds that is very important to the State of both stunning and unsettling. There a BA in economics and history from Louisiana and the people of our State— are different agencies that own thou- Oberlin College and an MBA from Yale sands of buildings worth about $18 bil- Business School. She also taught some an issue that has been lion that are not being used. classes during this time. mischaracterized for months now in all Every day I hear Members come to After graduating from Yale, Ms. sorts of venues—and I thought taking the floor saying we need to work hard Johnson began her career in the pri- an opportunity today, for a couple of to trim the fat from the Federal budget vate sector as a manager at Cummins hours, to go through the request by the so we can cut the deficit. I agree. Yet Engines Company. She then had a se- State of Louisiana for a change or re- the GSA—the very agency established ries of other management positions in alignment of our FMAP formula, the to help make government operations the private sector and was asked by formula that funds our Medicaid sys- more cost efficient—has been lan- President Clinton to become Associate tem, would be good to do. guishing without a leader for over half Deputy Secretary of Commerce, and It is good to do for several reasons, then Chief of Staff of GSA from 1996 to a year and I think in that sense is los- the most important of which is not to ing some opportunities to save some 2001. Since leaving government service in bring up this subject again for further money. review to try to clear anything that What is frustrating is that a hold has 2001, Ms. Johnson has served as a vice people have said about me. I have been been placed on this nominee for rea- president for the Council for Excel- in public office now for 30 years. People sons that have nothing to do with her lence in Government—a nonpartisan, have said all sorts of things about me qualifications or her personal history. nonprofit organization dedicated to in- as a public official. I would venture to That is why I am glad Senator REID creasing the effectiveness of govern- filed a cloture motion and we have ment at all levels—and, most recently, say every Member of this body has forced this nomination to the floor. It she served as a vice president for Com- been called some very choice names. is important, in a totally nonpartisan puter Sciences Corporation. That is actually not why I am here, to way, that we get a full-time Adminis- This is an extraordinarily experi- defend myself. The RECORD will do trator in here at GSA. enced and qualified nominee, and that that. Martha Johnson’s nomination re- is why I think she deserves—and I What I am here to do is to defend the ceived the unanimous support of the think will receive—broad bipartisan people of Louisiana and to express Homeland Security and Governmental support when this matter comes to a clearly and strongly why and how our Affairs Committee in June of last vote at around 3 o’clock. delegation came forward, united in a It is past time for GSA to finally year—more than half a year ago. So very public way, to press our case here have a permanent Administrator, and that says she had total bipartisan sup- in Washington—the only place this can port in our committee based on her ex- we happen to have a nominee here who is remarkably well suited for the job. I be fixed—why we felt as a delegation, perience and qualifications, and I am strongly united Democrats and Repub- confident she has wide bipartisan sup- urge my colleagues in the Senate to vote ‘‘yes’’ on cloture, and then we can licans, to press this case to the Federal port in the full Senate as well. I hope Government to get some immediate and trust we will see that when the have a final vote and get this able per- son on the job working for the Amer- and necessary and urgent relief for the vote occurs on cloture and final con- people of our State. firmation at around 3 o’clock. ican people and I think help us not I hope this nomination is a call to ac- only manage the Federal Government’s I make no apologies for leading this tion and common sense—and not only activities better but to save billions— effort. I do not back up an inch from bipartisan cooperation but the coopera- literally billions—of dollars for the the yearlong effort we have under- tion of every Member here who has the American taxpayers. taken. I am here today because I actu- I thank the Chair and yield the floor. ally do not have any idea at the mo- right to hold up nominations but ought I would yield, if I might, to my friend ment what will happen to the health to think about the public interest and and colleague from Louisiana whatever the national interest when they do time she needs to speak at this time. care bill we have worked on for the bet- this—that we cannot continue the The PRESIDING OFFICER (Mr. ter part of a year. I do not know if we practice of holding nominees ‘‘hos- BURRIS). The Senator from Louisiana is are going to have a bill. I do not know tage,’’ as President Obama said yester- recognized. if it is going to be the Senate version day, for reasons that are parochial and Ms. LANDRIEU. Mr. President, I or the House version. I do not know if unrelated to the nominee’s ability to thank the Chair and thank the Senator it is going to be a bill passed by 60-plus do the job they have been nominated from Connecticut for yielding the re- people or more on the Senate side and for. I think these kinds of actions dam- mainder of his time. I understand he a wide majority in the House. I do not age the Senate as an institution and has an hour under his control, and I in- know if there is going to be reconcili- further reduce the public’s respect for tend to take the full measure of the ation that is used. Those discussions how we do our business. hour that is left, first speaking in favor are happening actually right now above I wish to remind my colleagues at of the nominee who he has so elo- my pay grade. this point how well qualified this nomi- quently described in terms of her back- nee is. To begin with, Ms. Johnson is a ground and experience and the argu- But what is in my pay grade, what I former Chief of Staff of the GSA. So ments he is making about trying to actually do get paid to do here, is to she already knows the agency inside bring more civility and bipartisanship represent the people of Louisiana, and and out and will be ready to roll up her to this body and the importance of get- I intend to do that for the better part sleeves and get to work on day one—no ting some of these very important Fed- of this hour and for the rest of the day on-the-job training needed. This is cru- eral officials appointed so government because there has been some great mis- cial both to the efficiency and morale can work better and more efficiently. understanding about this in the na- of an agency that has not had a perma- It has been my pleasure to serve with tional media—not much in the main- nent Administrator since April of the chairman now for several years on stream media but on the fringes; but

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.022 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S458 CONGRESSIONAL RECORD — SENATE February 4, 2010 sometimes those fringes can be quite was some kind of secret arrangement, I health care system in the New Orleans area. loud, and I would like to try my best to think the editors of our newspapers These extensive recovery efforts have in- silence them a little bit at this point. would be very interested since they flated Louisiana’s per capita income, but The mainstream media has been, for have been reporting on it since the they were only temporary and do not accu- the most part, taking their time to un- rately reflect the increases to incomes in in- first meeting on January 11, 2009. dustries not related to the hurricane recov- derstand, and I appreciate it. Secondly, I wish to show a letter ery. I most certainly appreciate the news- signed by our entire delegation to Since the FMAP formula per capita to cal- papers in my State that actually know make another point. My critics have culate how much each state will receive, we more about this than any media out- said: Oh, there she goes again, Senator are greatly concerned that the post hurri- lets. They would because they have LANDRIEU, just running off on her own cane per capita income increase would sig- covered it longer, have editorialized making all sorts of terrible things and nificantly impact our State’s FMAP alloca- generally in my favor and the favor of making the State of Louisiana look tion. We ask that you meet with Secretary our delegation that has stood strong, Levine to develop a solution to the unique bad. problem that our state is facing. except two members who have folded I have spent 30 years of my life try- on this issue. ing to represent the people of my State This is an example of one letter—I So I want to start to try to take ev- and make them look good. Even when have many others—signed by our en- eryone through chronologically the they were wrong, I have defended them. tire delegation asking the officials timeframe. First of all, I have been, When they were right, I praised them. here, from the White House to Kath- and the State of Louisiana has been, When I was wrong, I apologized; and leen Sebelius to other powerful Mem- criticized for a ‘‘secret’’ deal, for some- when I was right, I was very proud of bers, to please look at Louisiana’s situ- thing that happened at the very end of my work. Never—never—in my life ation because ours alone among the 50 the process that people did not know have I ever or will ever throw the peo- States was unique, and I will explain about. ple of my State under a bus to save my why in a minute. I wish to call everyone’s attention to reputation or my job. So the fact that this was a secret is a Times-Picayune headline—this is the I know who I am inside. I don’t need a lie. The fact that it wasn’t supported newspaper in New Orleans—a Times- anyone to remind me of the goodness I by our delegation is a lie. Picayune headline, dated January 11, have inside. My parents do that. My Now I wish to explain what our prob- 2009. We are in February of 2010, so this husband does that. My children do that lem is, and this map explains it—or was a year ago. This was a year ago. I chart—better than I can. As anyone also would call to the attention of my for me every day. I most certainly don’t need anyone—and I don’t need knows how this Federal formula works critics that this date is actually almost for Medicaid, Medicaid is a voluntary 2 weeks before President Obama was this job badly enough; maybe some people do, I don’t—to throw the people program to a certain extent that ever sworn into office, just to remind States can enter into to cover their people. of my State under a bus to protect my- self politically. very poor. The Federal Government This meeting, called by my Governor, says: If you want to do that, if you are who is a Republican Governor, hap- I wish to show everyone a letter dated May 4, and I am going to read a wealthy State, we will pick up 50 per- pened in a public place, in the Gov- cent of your effort. If you are a mod- ernor’s mansion in Baton Rouge and every single signature because I am ac- tually proud to lead this delegation. I erately wealthy State, we will pick up five members of our delegation were 60 percent of your effort. And if you are there, and the entire delegation was only have one Democrat besides my- self, but other than about one member one of the poorest States in the represented. It was reported at length Union—not that Louisiana isn’t an ex- in several papers. In the Times-Pica- of this delegation, we have some pretty extraordinary leaders. I am proud of traordinary State, but we have high yune, this is the headline: ‘‘Jindal re- poverty relative to other States, just views wish list with LA delegation; aid them. Some are very conservative and like Mississippi and Alabama, West for recovery, health care stressed.’’ some are very liberal and some are in Virginia. We know who our cohorts This is the other headline: ‘‘Governor the middle. We have a very diverse del- are. We have been at this a long time. Jindal Stresses Urgent Need for Fed- egation. For us, the Federal Government says: eral Government to Fix Faulty FMAP I signed this letter; RODNEY ALEX- If you try to cover your poor, we will Rate.’’ Let me repeat that: ‘‘Governor ANDER signed this letter, a member of pick up 70 percent for you, which is the Jindal Stresses Urgent Need for Fed- the Appropriations Committee; CHAR- right thing to do. The Federal Govern- eral Government to Fix Faulty FMAP LIE MELANCON signed this letter, a ment should help the poorest States a Rate.’’ Not special FMAP rate, not Member of Congress; BILL CASSIDY is a little bit more than the wealthier FMAP rate problems that every State Member from Baton Rouge; DAVID States. It is actually what is taught in is fixing, but faulty FMAP. I will ex- VITTER, the Senator; CHARLES the Bible. I wish we would follow it a plain why we think it is faulty in a BOUSTANY from Lafayette; STEVE little bit more around here. minute. SCALISE from Jefferson Parish; and ‘‘The Advocate,’’ August 29. This was JOHN FLEMING from Shreveport and JO- So for years, this is what has oc- in July. These meetings continued SEPH CAO, a Vietnamese-American curred. In 1999, the Federal Govern- through the year: Jindal, Republican Member of Congress from the New Or- ment paid 70 cents of every dollar. You Governor; LANDRIEU, Democratic Sen- leans area signed this letter. can see, basically, that it is done by an ator, Pushed for Federal Funding Fix. This was made public. Actually, some income calculation. Because our in- So I wish to put my critics on notice. Members put out their own press re- come—we have gotten a little bit rich- I am going to submit letters and docu- leases. The letter is to Secretary er here, you can see, a little bit richer, ments and these articles. Nothing Sebelius, who was finally sworn in a little bit poorer, a little bit richer. about this effort was secret. Nothing. If after being held up for months: But all of a sudden, because of a unique there is one Member of this body, ei- We write to you today to follow up on an set of circumstances that happened be- ther the junior Senator from Lou- April 9 letter your office received from Lou- cause of Katrina and Rita and Ike and isiana, or the great Senator from Ari- isiana Secretary Alan Levine. Gustav—not because of any politics zona, or any other Senator who would That is our Secretary. here but because of hurricanes and like to come and talk to me about this While many states will face challenges to levee breaks and a catastrophic flood ‘‘secret’’ effort, I would look forward to their Medicaid programs in the coming and an influx of Federal dollars that hearing their comments on the floor of years, we believe that Louisiana’s case is came to help, which we are grateful this Senate sometime today because I unique. for—our calculations were terribly dis- am staying here today until 6 or 7 We believe Louisiana’s case is torted and skewed when the new cal- o’clock, until we go out of session to- unique. culation was made. As a result, the night. I thought it would be good to As you may be aware, our state is still re- Federal Government’s portion would spend the better part of the day. building from Hurricanes Katrina and Rita have fallen to 63 percent. So from an If anyone, if any Senator, wants to in 2005 as well as Hurricanes Gustav and Ike average of about 70, we would have fall- come down and say they thought this in 2008, including the rehabilitation of the en to 63 percent. That doesn’t sound

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.023 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S459 like a lot, but it would have meant not vote for the bill. I didn’t know I those words to the leaders here. Part of about a $400 million to $600 million— was going to vote for the bill until the my job that I have taken on myself is very roughly, $400 million to $600 mil- very end. I am going to talk about why to try to represent children in foster lion difference. I decided to vote for the bill. care. I don’t do a very good job every Either the people of my State would I said: But no matter how we vote on day, and sometimes I don’t do the job have had to cut $400 million to $600 this bill, let’s really make a case as I should do for them. I try my best. million out of programs today or they strong as we can that this should be When we are in those meetings, when would have had to raise $400 million to fixed. We basically agreed to do that, they have no one speaking for them— $600 million in taxes. That is a lot of and the record will show that. they most certainly don’t have any money even in Washington where we So at some point later, as the debate money to hire a lobbyist. They most throw around $1 billion and $1 trillion moved over to the Senate, I was asked certainly have no parents here advo- like it is nothing. to present, on any number of occasions, cating for them. But I said if you are I can promise you, there are people just as every Senator was asked, what going to put that in the bill so every sitting around their kitchen tables in are the things that I think are the child in America gets to stay on their Louisiana way down in Tibido and way most important in this health care bill parents’ health insurance until they up in Mansfield, LA, thinking: Where as we begin the debate. I wasn’t on the are 26—do you all realize we have 22,000 are we going to come up with $500 mil- HELP Committee. I am not on Fi- children who graduate or come out of lion? This is terrible, Senator. We nance. So those of us not on HELP and our foster care system who don’t have didn’t do anything. We are not that not on the Finance Committee sub- any parents? I said: What are we going much richer. We are actually still mitted our documents, which I am to do for them? They said: We don’t struggling from the recovery. Does going to release today to the leader, know. We think we will leave them anyone in Washington understand that and said: These are the things that we out. I said: If you want my support for we did not get—we are not 40 percent think are most important. this bill, that has to be in there. richer than we were 2 years ago? Does This was always on that list. I am I said that on the floor and in meet- anybody know up there that we are proud it was on the list, but what I ings. This was not in that conversa- still struggling with this recovery? want people to realize is it wasn’t the tion. This was. We need it. We believe I assured them I knew, and our dele- only thing on the list. It wasn’t the we have a $400 million to $600 million gation knew, and that I knew some first thing on the list. It wasn’t on the fix. We would love you to fix it all. We people who might be understanding. I list in any letter or correspondence would love the full $600 million, but we mentioned to them actually that I that said if this doesn’t get on, I am would appreciate whatever you can do would bring this to HARRY REID, I said, not voting for the bill. In every cor- to help us. Frankly, the reason we because he is a good man. He has a respondence, in every public meeting, should fix it is not only will it be good good heart. I thought if I explained this and in every private meeting, I pressed for Louisiana, but by chance if any to him and to Kathleen Sebelius, who for this issue, but never did I say at other State—when the earthquake hits is a very good Secretary, and got their any time that if this wasn’t in the bill, Memphis, and it will some day, or when staffs to look at it, perhaps they would I wouldn’t vote for it, or if it was in the it hits California, and it will some agree with us that we needed some spe- bill that I would vote for it because I day—do you know what. If this is in cial assistance. I thought there might don’t believe in that. the law, they will not have to pay dou- As strongly as I feel about this provi- be one person—one person with a heart ble for their Medicaid 3 years after that sion and the merits of it, I would never on the other side of the aisle. I still disaster because there will be this ad- have asked my colleagues—I did ask think there may be. But, I said, let’s justment that says, if your rates are my colleagues to understand a few just try. arbitrarily or artificially distorted by other things, and they can tell you So our delegation went to work and, the fact that you have an increase in that I said this in any number of meet- lo and behold, then we have a health public assistance coming into your ings and, unfortunately, some of them care bill coming along. It is a bill that State, we will not count you as having were locked up with me for days. So some people like and some people a 40-percent increase in income. It will they actually got to hear this over and don’t, but it is most certainly germane help. Contrary to what the Senator to my subject. It is most certainly ger- over again. I said: I cannot vote for this bill un- from Arizona says, it doesn’t just af- mane to my subject. fect Louisiana. For the time being, it So I say: This is nice. I know we are less it drives down costs. I cannot vote does, but in the future it would affect going to be on health care. Let’s see for this bill if there is a government- a lot of other States. That is the right what we can do to get this in this run, public delivery system. I will not thing to do. health care bill. I don’t know what the vote for this bill if there is an employer bill is going to look like. I don’t know mandate. I can only vote for this bill if Nobody should be punished for hav- if I can vote for it when it finally it extends coverage to people who don’t ing a disaster. Why would you punish comes. I don’t even know if I am going have it in a way they can afford it that? This money—this $400 million is to be for it. But it is a health care bill. where they have choices in the private to protect the poorest children in my This is a health care amendment. sector. State—children who lost their parents Some people have actually criticized I said that speech 100 times in my in floods, lost grandparents in floods, me and said: You know, the Senator State. I was on the radio. I was on this children who lost siblings in the floods, put it on the wrong bill. The Senator floor. My colleagues have heard it any children who are still not back in their discussed this at the wrong time. The number of times. I said to my col- houses. Why would we punish these Senator has ruined the efforts of the leagues: If you are going to cover chil- children, these disabled people, the State to get help because she asked for dren who can stay on their parents’ in- poor people on Medicaid because the this amendment. surance—if the underlying bill, wheth- Federal Government’s levees broke? Was I supposed to ask for it on a er it comes from the Senate or the Why would we do that? I don’t think transportation bill? Was I supposed to House, is going to cover children up to we want to. ask for a Medicaid fix on a jobs bill? 26 years old, which is a very good re- I am not going to stand by silently Was I supposed to ask for it on a lands form—something I think the American while the people of Louisiana are criti- bill? Forgive me for asking for a health people support, and most certainly the cized for asking for something in a pub- care amendment on a health care bill. people in my State would love to be lic way, describing our situation, ex- So I did. We pursued it openly, we able to do until they are 26—I said I pressing that we are unique among the pursued it bipartisanly, and we pursued would be hard-pressed to vote for bills States in this, and asking for assist- it intelligently and smartly on the if you left out children who don’t have ance. I think the White House under- health care bill. And I assured my Re- parents. Since I am the cochair of the stands this. I know that Kathleen publicans privately and publicly: I adoption caucus and cochair of the fos- Sebelius understands this. I am most know you are not for the bill. You ter care caucus, with Chairman GRASS- certainly confident the leadership on don’t have to vote for the bill. I may LEY, I felt very empowered to speak the Democratic side understands it. I

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.024 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S460 CONGRESSIONAL RECORD — SENATE February 4, 2010 am very interested in what the Repub- As Senators, we have a few tools at community—had worked with the GSA lican leadership has to say about this. our disposal to carry out our respon- to get a building—a new building to re- They have been very quiet. sibilities. One of these important re- place the Bannister Federal Complex. If this isn’t the place to ask for it, sponsibilities is oversight of the Fed- The existing building, by any stretch where is the place? I would like to go eral Government. One of those tools is of the imagination, is extremely expen- there. If this isn’t the time to ask for to force the Senate to debate and actu- sive to operate, will be sparsely occu- it, what is the time? This budget is ally vote on an issue rather than be pied, is not conducive as a good work- being crafted right now by my legisla- just a rubberstamp to the administra- place, and must be replaced. tors—not 2 years from now but right tion. After 3 years, the plan brought to- now. They are either going to know While he has criticized me for using gether, with GSA’s participation, the they have $350 million to work with or this oversight tool, the President leadership of the Kansas City commu- they are not. They are either going to wielded it himself when he was a Sen- nity at all levels, from the mayor to raise $350 million on the backs of my ator in this very Chamber. the council, to the business commu- people who can hardly pay the taxes Senator REID, our distinguished lead- nity, the Finance Committee that was they are paying now or they are going er, shares some responsibility in delay- going to put up the money. They came to cut off more from the elderly, the ing Martha Johnson’s confirmation. together, and they got a commitment poor or the disabled who rely on Med- You see, the Johnson nomination actu- that financing would be available to icaid. So if this isn’t the time, when ally passed out of committee in May. construct on a lease-construction would I come? Was she ever called up for a vote? No, basis. To close, because I have a few more because until July—when I formally What happened? With no warning, minutes, I am going to leave with the placed a hold on the nominee—the Sen- GSA called up the Environment and one statement my Governor made pub- ator from Nevada, according to Con- Public Works Committee the week of licly on this for the record. Being in gress Daily, delayed her confirmation the markup, when it was supposed to public office takes more than being in- to ensure that taxpayer dollars were be approved, and effectively put their telligent, more than a fancy resume—it still being used to send Federal em- own hold on the project they developed takes guts. Some people have more of ployees to Las Vegas. and approved, citing GSA’s shift away those than others. This is what my Senator REID has his priorities re- from proceeding on a lease-construc- Governor said on November 20 to CNN: garding the delay on this nomination, tion basis. The bill is awful, but it is unfair to criti- and I have mine. He wants more Fed- For anyone following the project, cize Senator Landrieu or the rest of our dele- eral employees able to come to Las this latest move by GSA was very dif- gation for fighting to correct this injustice Vegas, and I certainly understand his ficult to understand. After all, 3 to Louisiana. Our entire delegation is work- reason; it is very important for his months earlier, in June of 2008, GSA ing together across party lines to correct State. I want Federal employees in was holding roundtables with real es- this flawed formula. Kansas City to work in a building with tate developers on the value of lease- This is the one statement he made. I a roof that doesn’t leak and doesn’t construction plans and telling them see my colleague from Missouri here to have other risks of contamination. how they could seek and pursue such speak about other matters. I am going Some are complaining about the projects. to rest for a moment. I will be on this delay of this nominee. The truth is, the In scrapping their own plan, GSA en- floor until 6 o’clock today. I am not majority leader could have confirmed sured that after all other tenants va- leaving. If any Senator from the Demo- Martha Johnson in May, June or July. cated the inefficient, 5.2-million- cratic side or the Republican side In addition, he waited until Thursday square-foot complex, more than 1,000 wants to debate me on any aspect of to file cloture, and he could have Federal employees would be stuck this, I kindly ask them to let’s get this picked any date in the last 7 months to working there. over with today. I look forward to see- do so, but he waited until last Thurs- That is about 5,000 square feet per ing them. I will be here until 6 o’clock. day. We had thought we made progress, employee. This nonsensical plan would If they don’t come, then I hope they and every time we thought we made cost taxpayers $13 million to $15 mil- will keep their mouths shut about progress, somebody in the administra- lion annually just to mothball unused something they know nothing about. tion pulled back that small step of space and operate shared heating and Thank you. progress. cooling equipment. That is $13,000 to The PRESIDING OFFICER. The Sen- There are many reasons why a Sen- $15,000 a year per employee for the un- ator from Missouri is recognized. ator might wish to place a hold on a used space. Mr. BOND. Mr. President, I rise to nominee that are related to our over- GSA was so convinced this was the shed some light on the situation going sight responsibilities. I think it is im- best path forward that for 9 months, on at the General Services Administra- portant to have debates such as this they even went so far as to conduct an tion, the GSA, a tangled mess of bu- not only when the qualifications of the analysis to justify the continued use of reaucracy I have been fighting for the nominee are at stake but when a Fed- the Bannister Complex. But then, in a last 5 years. In the past, I worked very eral bureaucracy stops being respon- 60-day analysis, ‘‘GSA concludes that cooperatively with GSA, but for some sive and serving of the people in the the Bannister Complex should be a reason, somehow, they have gotten communities in which they work. That mid-term hold (approximately 15 themselves and us into a situation that is the real issue. years).’’ This translates into nearly 10 is untenable. Martha Johnson’s qualifications are years of continuing to run a complex at Yesterday, the President accused me not in doubt. But as you will hear, the 20-percent capacity. Does that make of holding hostage the nominee to be GSA is not being responsible to the sense? I cannot figure any building Administrator, Martha Johnson. I feel people of Kansas City and, most spe- manager, any responsible party in the no joy in holding up this nominee, but cifically, to the Federal workers there. private sector or in government who the hostage I am concerned about is The history goes back about 5 years. thinks that works out. It does not take not the one looking for this distin- It is part of a larger plan to move all a mathematician to figure out the guished position in Washington. In- tenants out of the dilapidated Ban- numbers. They are not good for the stead, the hostages I am worried about nister Federal Complex. GSA initiated taxpayers. Put pencil to paper on that. are the 1,000 people working in a Fed- a plan to construct a new building in Pencil it out. Anybody can do that. eral office building dump in Kansas downtown Kansas City in order to However, yet again, GSA decided to City at the mercy of an agency that re- move the jobs out of the complex. That change its mind in September of 2009. fuses to act to remedy a problem they was a long time ago, and at the time This time, GSA agreed to their original acknowledge exists. Again, the hos- they were looking for a lease-to-own position that a new building in Kansas tage, with due respect, is not Martha process. City was GSA’s ‘‘preferred option.’’ Johnson; the hostages are the 1,000 The community of Kansas City—the Bear with me. I know this is getting Kansas City workers at the Bannister leadership, elected officials, the em- confusing because we have been con- Federal Complex. ployees, and Kansas City’s financial fused.

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.026 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S461 Imagine how the Kansas City com- nister workers and a possible link to They appeared at a hearing of our com- munity feels after being jerked around toxins, such as TCE and beryllium, at mittee. Nobody has informed me of any for 5 years, where we sat down and the complex. While the pending results concern about the qualifications of any worked with the staff, and a very help- of these tests are of great concern— one of these four nominees. Yet there ful staff decided—laid out the path for- they are of great concern to the em- is an objection here on the floor of the ward. That sounds like a good idea. Ev- ployees and their families, but most of Senate every time these nominations erybody at home was on board. The all, we are hearing from parents whose are considered for confirmation. If any Kansas City community was on board, children were in a daycare center at Senator has a concern about any of the officials, and we said, fine. Then the complex. They want to know to these four Defense Department nomi- somebody in the administration, what their children might have been nees, I wish they would let me know whether GSA or above, put a halt to exposed. about those concerns so we can address every one of those steps forward—every These scares and reports are coming those concerns. We have heard from no- single one of them. Every time they more and more frequently to us from body. We have unanimous approval by laid out something, nothing happened. the Bannister Complex. It is alarming the Armed Services Committee of four We are beginning, quite honestly, to that I learned about this information Defense nominees. They have been sit- feel like Charlie Brown. Every time we not from GSA but from the media. ting on our calendar since December get ready to kick the football, some- Based on media reports, the implica- 2—over 2 months—while these posi- body in the administration moves it. tions for the health of these workers tions go unfilled and we are in the mid- Where are we now, now that the GSA could be very serious, so I have called dle of two wars. went back to their original objective for an investigation. I even asked the One of these nominees is retired Ma- that they earlier rejected? Unfortu- inspector general of GSA to get to the rine Major General Clifford Stanley. He nately, we are not one step closer to a bottom of these alarming health alle- was nominated to be Under Secretary new building for these workers. GSA gations. of Defense for Personnel and Readiness. has still taken no action, still has put I will work with the proper authori- This position is critically important. It nothing on paper, has made no commit- ties on all levels of government—the is responsible for our military readi- ments. Environmental Protection Agency, the ness. It is responsible for our total Is there a way forward? What is their Missouri Department of Natural Re- force management. It is responsible for way forward? Let the people of Kansas sources, the Missouri Department of military and civilian personnel re- City know what you are going to do, Health, the Agency for Toxic Sub- quirements that need to be filled. This how you are going to do it, and when stances and Disease Registry—to un- position is responsible for pay and ben- you are going to do it. We cannot even cover any additional information. It efits. Let me repeat this. The pay and find that out from them. There is no goes without saying that I will demand benefits of our military personnel is official plan out of GSA. GSA clearly more transparent and comprehensive the responsibility of the person who agrees that the new Federal building is testing throughout the Bannister Com- has been nominated for this position, needed, so it should not be asking too plex. For the safety of the workers, we and he has been sitting waiting for con- much for somebody who represents need to know what is going on, what is firmation for 2 months. What kind of a them and the community to be told happening at Bannister, what has gone message is this to the men and women their plan. Yet they have stubbornly on in the past, who knew about it, why who put on the uniform of this coun- refused to produce one. they did nothing about it, and how to try? Military and civilian personnel I met with Ms. Martha Johnson. I move immediately to protect those po- training is the responsibility of this of- have worked with the PBS Commis- tentially at risk. fice, military and civilian family mat- sioner. They are fine people, wonderful The bottom line is that these work- ters, exchange, commissary, non- people. I think they are very qualified. ers deserve answers. The situation at appropriated fund activities, personnel But I have asked repeatedly that GSA GSA tells the American people that all requirements for weapons support, Na- come up with an official plan to move they can expect out of Washington tional Guard and Reserve personnel Kansas City forward. They refused. Bu- right now is business as usual, keep matters, and health care for the mili- reaucracy has broken its word once going forward, don’t listen to the peo- tary and their families. again, and I want a chance to tell my ple we are supposed to serve, a govern- General Stanley was the first Afri- colleagues what they have done. ment that is out of touch with their can-American regimental commander My bottom line, the reason I am on concerns and slow to act. I do not sup- in the Marine Corps. He has served the floor today opposing this nomina- port business as usual. For these rea- with honor and distinction. He is now tion is quite simple: As Missouri’s sen- sons, I will vote against the nomina- retired. We are lucky we can get some- ior Senator, my job is to fight on be- tion and ask my colleagues to do the one such as General Stanley to come half of the people who sent me here. same. back into public service to fill this po- My job is to make sure bureaucrats in Mr. President, I yield the floor. sition. Yet there has been a hold on his Washington do their job and serve the The PRESIDING OFFICER. The Sen- nomination since December 2. people across the Nation and in Kansas ator from Michigan is recognized. The Secretary of Defense and the City. DEPARTMENT OF DEFENSE NOMINATIONS Chairman of the Joint Chiefs of Staff GSA continues to ignore the Kansas Mr. LEVIN. Mr. President, I wish to have both made personal appeals to me City community. My efforts have al- take a few minutes to express my frus- and to other Members, including, I ways been about keeping 1,000 jobs in tration and my dismay at the road- think, the leadership of this body, to Kansas City, not blocking one position blocks which have been placed in the confirm General Stanley so he can per- in Washington. way of Senate nominations for key po- form those essential duties which I But my colleagues should be aware sitions at the Department of Defense. have outlined. His nomination, again, that there is more bad news at this These obstructions take place at a was unanimously supported by our very same Bannister Federal Complex. time when these nominees—there are committee. Our distinguished Pre- At the same time GSA has been unwill- four of them—are critically needed by siding Officer is a wonderful member of ing to move forward on a new building, the Department of Defense. We are a our committee. No one, again, has they have also apparently been unre- nation at war. Our national security brought any problem with this nomina- sponsive to the ongoing health con- interests require us to end these ob- tion to my attention. No one has said cerns of their employees and tenants at struction tactics and immediately fill he is not qualified. I think there is the Bannister Federal Complex. In the these four positions with highly quali- unanimous consensus that he is ex- next day or so, tests will come back on fied patriots. traordinarily well qualified. the levels of trichloroethylene, or TCE, Each of these nominees has been fa- While we have servicemembers, who a dangerous carcinogen, at the Ban- vorably reported to the Senate by have volunteered to serve, and their nister Complex. These tests were called unanimous vote from the Committee families under great stress, they are for after a local TV station reported on Armed Services. They responded to fighting for our interests in two wars, unexplained illnesses afflicting Ban- extensive advance policy questions. we have a critically important person

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.028 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S462 CONGRESSIONAL RECORD — SENATE February 4, 2010 who is awaiting confirmation for a po- sponsible for overall supervision for all cies to do things they said they would sition which affects every one of their matters relating to Air Force installa- have done long before and, in fact, they lives. It is unconscionable that these tions, environment, and logistics, in- did them and I released my hold imme- roadblocks were placed in the way of cluding planning, acquisition, diately. It was issuing a report. It these nominees. sustainment and disposal of Air Force wasn’t a matter of filling a job or a Another critical nomination is that real property and natural resources, project or something such as that. So of Frank Kendall III, who was nomi- environmental program compliance, it has been done. But I think if it is nated to be Deputy Under Secretary of energy management, safety and occu- done with transparency and in a timely Defense for Acquisition and Tech- pational health of Air Force personnel. way, we can live with it. In this situa- nology. The individual confirmed to These are important, vital positions tion, we are seeing our Executive Cal- this position is responsible for assist- to the well-being of our men and endar stacked with nominations. ing the Under Secretary of Defense for women in uniform. It is unconscionable There was one in particular, which I Acquisition Technology and Logistics that one or more people on the other spoke about the other morning, that in supervising Department of Defense side of the aisle continue to put holds struck me—Dr. Stanley, who is trying acquisition, establishing policies for on these nominations. They cannot to take a position with, if I am not acquisition, including the procurement find any problem with their qualifica- mistaken, manpower and readiness. of goods and services, research and de- tions because there is none. It is just Mr. LEVIN. In charge of it; right. velopment, developmental testing, and endless holds, endless filibuster Mr. DURBIN. For the Department of contract administration. threats, endless roadblocks that stop Defense. If I remember correctly, this We have all these problems with con- these and so many other nominations. gentleman has served 33 years in the tracts, with testing, with development, But these are Defense Department U.S. Marine Corps, was a major gen- with cost overruns. We reformed our nominations in the middle of two wars, eral, and he was the first African- law now so that we have much better and these roadblocks have to be re- American regimental commander in acquisition rules in place to try to see moved. the history of the U.S. Marine Corps. It if we can’t get rid of some of these cost I hope we will take up all four of is clear he is qualified. There is no overruns. these nominations immediately. We question about his patriotism and love We have a nominee to fill the posi- have servicemembers volunteering to of this country. The fact he would go tion of Deputy Under Secretary of De- risk their lives in defense of the Na- through this process—let them go fense for Acquisition and Technology, tion. The least we can do—the least we through every aspect of every corner of and our friends on the other side of the can do—as a Senate is to confirm nomi- his life to prepare him for this nomina- aisle—someone over there—have a hold nees for the critical positions to lead tion—and then be held up on the floor on his nomination for, I know, no rea- the Department of Defense. by the Senator from Alabama, I would son related to his qualifications. There Again, finally—and I know my great ask the Senator: When he was consid- has been no issue about his qualifica- friend from Illinois is sitting 3 feet ered before your committee, did any- tions, about any of the four of these away from me and has made the same one question this man’s ability or his nominees. Again, we have a critical po- suggestion, as he has pressed so hard to service to our Nation? sition. As I indicated, particularly we get these roadblocks removed—if any- Mr. LEVIN. Quite the opposite. His have acquisition reform which we just body has a problem with these nomi- references were superb. Not only was adopted. It is so essential to control nees, would they please come to the there no objection raised, it was quite the cost of our national defense. Mr. floor and tell us. They can tell us, the opposite. We were delighted he was Kendall’s nomination, like General hopefully, publicly, but they could tell willing to come out of retirement and Stanley’s nomination, has been before us privately. We have heard nothing. serve. This is a real find. These nomi- this Senate since December 2, over 2 These nominees—all four of them— nees are performing a real public serv- months. were unanimously approved in the ice, in many cases taking a lot less Another nomination is that of Erin Armed Services Committee. So we money in pay than they could get in Conaton to be the Under Secretary of don’t know of any problem. We know the private sector. the Air Force. We all know her. She is their qualifications, and they are ex- I agree with my good friend from Illi- on the staff of the House Armed Serv- traordinary in every one of their cases. ices Committee. Nobody has raised an This filibustering that is going on nois too. Many of us—I will not say all issue about her. We are lucky to have around here and the threat of filibus- of us—including myself, have placed her. Yet there is a hold from the other tering and the constant roadblocks holds on nominations. That is not un- side of the aisle for some unspecified that are thrown up in front of these usual. But usually there is some reason reason, nothing to do with her. But nominees is unconscionable. It goes be- you have that you are willing to dis- here she is in a position which is so im- yond anything I have ever seen around close and you want to take up with the portant to the Air Force. here in 32 years. We all know there are nominee or you want some report that If designated by the Secretary, the people who object to nominees, but, has not been filed that was promised. Under Secretary of the Air Force hopefully, usually because they have You want something that relates to serves as the Department of Defense an objection against something the the nominee. The objections here, the Executive Agent for Space. She also nominee has done or said. In this case, roadblocks here have nothing to do serves as the chief management officer there is nothing like that. This is some with these nominees. There is no objec- of the Air Force—we have all these unrelated matter, apparently, which tion to these nominees. problems, and our Presiding Officer has caused somebody to hold them hos- I see my good friend from Vermont knows about the problems of auditing tage while they try to extract some has come to the floor. He has to live and knows about the management and concession out of somebody. with this a lot more than I have to the business problems we have in our It seems to me, as a body, we simply with this. This is probably 20 percent of defense units. He knows it from experi- have to find a way where we can get my time. He has roadblocks in front of ence in the Senate. He knows from his our nominations back on a reasonably the Judiciary Committee nominees own personal life experience how im- decent track. I say that, with greater that take up probably more than half portant this is. And we cannot get the emphasis, when in the middle of two Senator LEAHY’s time. woman—who probably is as knowledge- wars we have four essential nominees. Mr. LEAHY. If my two friends will able about this subject as anyone, Mr. DURBIN. Will the Senator yield yield on that point, it has gone way be- based on all of her years over at the for a question? yond anything I have seen in my 35 House Armed Services Committee—we Mr. LEVIN. Yes. years in the Senate, by either Demo- cannot get her off the Senate calendar. Mr. DURBIN. I would tell the Sen- crats or Republicans. It is ridiculous. Terry Yonkers has been nominated ator I am not 100 percent pure. I have I will give one example—not my com- to be Assistant Secretary of the Air held up a nomination in the past, but I mittee, but I mentioned it the other Force for Installations and Environ- always state my purpose. The two I can day. During the height of the H1N1 flu, ment. This Assistant Secretary is re- recall immediately were to get agen- every morning you could pick up the

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.029 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S463 paper or hear of children—little chil- up this responsibility for this impor- In 1968, when Ted Kennedy became dren—dying while there was an anony- tant chapter in his life and this impor- majority whip—the position I now hold mous hold by the Republicans on the tant chapter in the history of the Sen- in the Senate—then-majority leader Surgeon General. You would think, ate. Mike Mansfield welcomed him to the particularly at a time such as that, I think it is fair to say PAUL KIRK leadership by saying: ‘‘Of all the Ken- you would want to have everybody you never dreamed he would be a Senator. nedys, the Senator is the only one who could have there. This was blocked for He graduated from Harvard Law School was and is a real Senate man.’’ Part of months and months and months. Fi- in 1964. He worked as an assistant dis- what made Ted Kennedy a real Senate nally, the hold was lifted and she was trict attorney in Massachusetts. He man was his personality and his inex- confirmed unanimously. came to Washington in 1968 and worked haustible patience and optimism. Part We have had judges supported by on Senator Robert Kennedy’s Presi- of it was his knowledge of how the Sen- both parties, and the nominations have dential campaign. He considered quit- ate works and part was his great staff. come out of the committee. The distin- ting politics, as many people did, after The Kennedy staff has always been guished deputy majority leader is a Robert Kennedy’s political assassina- known as the A-Team in the Senate. member of the committee, and he tion. But Ted Kennedy convinced him They are smart, they are talented, knows they have come out unani- to pick up the fallen standard and they are dedicated, and after they mously. Yet they are held up for carry on Bobby’s work. leave Ted Kennedy, they go places un- months. We finally vote cloture, waste For the next 8 years, PAUL KIRK imaginable for most staffers because 3 days of the public’s time—at a cost of worked in this Senate as one of Ted they are so highly regarded. Some have tens of thousands, hundreds of thou- Kennedy’s closest aides. He was with been with Senator Kennedy for decades Senator Kennedy in 1980, when the last sands of dollars—only to then have a and continue with Senator KIRK, in- of the Kennedy brothers ran for Presi- vote and it be virtually unanimous. cluding the legendary Carey Parker, dent. I remember that so well as the I mean, this is being childish. It goes the Senator’s chief speech writer; Mi- downstate coordinator of the Ted Ken- beyond misusing a parliamentary pro- chael Myers, whom I know well from nedy for President campaign in Illi- cedure. It becomes childish. his activities on the floor, the Sen- nois. I thank my two colleagues for letting ator’s staff director on the HELP Com- In 1985, PAUL KIRK took on the chal- me speak to this. mittee, who worked so hard on health Mr. LEVIN. I yield my time. lenge of chairing the Democratic Na- tional Committee in the middle of the care reform. He has been amazing. Mr. DURBIN. Mr. President, I know I wish to thank all the staffers for my colleague from Vermont is going to Reagan era—quite a political challenge for any Democrat. He served as co- Senator KIRK, and previously for Sen- take the floor, but I would ask for his ator Kennedy, for carrying on that indulgence. chairman of the Commission on Presi- dential Debates, and he has been chair- standard of justice and fairness. I I ask unanimous consent to be recog- thank them as a group for their service nized for up to 5 minutes. man of the John F. Kennedy Library Foundation since 1992. to Massachusetts and to America. It is The PRESIDING OFFICER. Without because of them, and countless others objection, it is so ordered. PAUL KIRK is a good fellow, with a great sense of humor. I can tell you whom Senator Kennedy touched, my- FAREWELL TO SENATOR KIRK what has been said about him. He has self included, we have been enlisted in Mr. DURBIN. Mr. President, in my never been known for excitement. One the Kennedy causes and the Kirk era in politics, one of the most fright- friend said of Paul Kirk several years causes with a great deal of pride. ening things you could ever hear when ago: Behind that quiet exterior is a A special thank-you to the Kennedy you were about to go into an event was quiet interior. He is that sort of per- family—especially Vicki, Kara, Ted, when the host of that event called you son—soft spoken but effective. He may and Patrick, Caroline and Curran—for to the side and said: You will be speak- not speak in a lion’s roar, as Ted Ken- sharing so much of the man they loved ing following Ted Kennedy. That was nedy did, but his reverence for America with the Nation he loved. the worst news you could receive. No and his belief in this great Nation and Finally, I wish to welcome to the one in the world wanted to follow Ted his sense of justice is just as strong. On Senate—and in a short time he will Kennedy. He was that good and well the Saturday before Thanksgiving, dur- come to be sworn in—Senator SCOTT loved and a man who had given his life ing the historic effort to break the fili- BROWN. As Senator Kennedy would to public service and to the State of buster on health care reform, Senator have said, if he were here: failte. He Massachusetts. PAUL KIRK came to the floor and told was always eager to reach across the Well, our friend, PAUL KIRK, who is the story of a young woman from Som- aisle and find solutions to the problems seeing his tenure in the Senate come to erville, MA, who had finished college, we face. I look forward to an oppor- an end either today or this week had prepared for graduate school, and who tunity to do the same with Senator the unfortunate responsibility to fol- suffered organ failure. In many States, BROWN in the Senate. low that great man. But if there was that woman might have quickly found The PRESIDING OFFICER. The Sen- ever a person who could stand and take herself in a critical state and in med- ator from Vermont. the job, it was PAUL KIRK. He came to ical debt and surely she wouldn’t have Mr. LEAHY. Mr. President, I see my the Senate not just as a former staffer been able to find insurance. friend from Wyoming on the floor, and of Senator Ted Kennedy after Senator But because of Massachusetts’s first he has been recognized, but I ask unan- Kennedy passed away but as truly a in the Nation, near universal health imous consent that when he finishes, I very close friend of Senator Kennedy. care program, PAUL KIRK told us that be recognized for 10 minutes to speak On the day he was sworn in, Senator young woman could still obtain afford- about Vermonters who have been in PAUL KIRK of Massachusetts said he as- able health care, even though she now Haiti helping with the devastation. sumed his duties feeling ‘‘the profound has what is characterized as a pre- The PRESIDING OFFICER. Without absence of a friend’’ but a ‘‘full under- existing condition that will require her objection, it is so ordered. standing of his devotion and under- to be on medication for the rest of her The Senator from Wyoming is recog- standing of public service.’’ life. nized. PAUL KIRK promised to be a voice and Senator Kennedy was proud of what Mr. BARRASSO. Mr. President, I a vote for the causes which Senator Massachusetts, his home State, had yield myself 10 minutes of Senator Kennedy believed in, and for 4 months achieved in health care. Ensuring that BOND’s time. and 10 days he has honored that prom- Americans in every State had decent, The PRESIDING OFFICER. Without ise to his old friend and to the people of affordable health care, PAUL KIRK said, objection, it is so ordered. Massachusetts. was the ‘‘cause of his life.’’ It has been NEW CLIMATE CHANGE ALLEGATIONS I will tell you that PAUL KIRK, in his Senator KIRK’s consuming goal in the Mr. BARRASSO. Mr. President, there short time here, has served with dig- Senate, and I hope it will soon become has been significant attention given to nity and integrity. We thank him and a reality. We are too close to a solution efforts by the United Nations to estab- his wife Gail, who made a personal sac- on health care—and the need is too lish a global climate change agree- rifice to let her husband come and take great—for us to stop now. ment. The effort has been based, in

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.030 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S464 CONGRESSIONAL RECORD — SENATE February 4, 2010 large part, on information contained in The Times of the U.K. reports a sec- Senator INHOFE and I have written reports prepared by the United Nations ond factually inaccurate conclusion. It U.N. Secretary Moon to have the U.N. Intergovernmental Panel on Climate reports that the United Nations wrong- conduct an independent investigation Change. ly linked global warming to natural into the original climate gate revela- Supporters repeatedly cite figures disasters. tions. and conclusions in the U.N. reports to In an article written by Jonathan That request has not been acted justify a complete overhaul of the Leake, he stated that: The United Na- upon. world economy. Supporters have been tions climate panel faces new con- Revelations of ongoing scientific steadfast in claiming the report is con- troversy for wrongly linking global fraud at the United Nations Inter-gov- clusive, in claiming the scientific data warming to an increase in the number ernmental Panel on Climate Change is is solid, and in claiming the integrity and severity of natural disasters such disturbing. of the findings are above reproach. Any as hurricanes and floods. Concrete action by world leaders is mistakes identified and pointed out are The original link between climate needed. The integrity of the data and the in- minimized and ignored. change and natural disasters was based tegrity of the science has been com- They have been singing this song for on an unpublished report. According to promised. years. The U.N.’s top climate official is the Times the report ‘‘had not been subjected to routine scientific scru- Today, I call for government delega- Dr. R.K. Pachauri, and the chorus of tions of the U.N.’s general assembly defenders of the U.N. reports have tiny’’—and ignored warnings from sci- entific advisers that the evidence sup- and U.N. Secretary Moon to pressure grown louder in recent months as the Dr. Rajendra Pachauri to step down as porting the link was ‘‘too weak.’’ house of cards they have built is falling head of the United Nations Intergov- apart. Despite the warnings once again, the United Nations Intergovernmental ernmental Panel on Climate Change. There have been disclosures of e- It is time to conduct an independent Panel on Climate Change included the mails that show scientists manipulated investigation into the conduct of the fiction in its report. the sciences; there have been nonsci- Intergovernmental Panel on Climate Today the claim by the U.N. that entific materials utilized to reach sci- Change. entific conclusions; there has been sci- global warming is already affecting the Dr. Pachauri should be removed from entific conclusions that are not prop- severity and frequency of natural dis- any involvement with the investiga- erly peer reviewed. Each week, the list asters is a large part of the political tion. of errors grows. The excuses from Dr. debate across this country. Recent reports over the weekend How many politicians made the Pachauri, the man in charge of the raise questions about whether or not claim that Hurricane Katrina was the U.N. climate change reports, well, they Dr. Pachauri knew of the false infor- result of climate change? Well now have been wearing thin. mation in the U.N. report months prior I come to the floor as a Senator who they know the inconvenient truth. to the disclosure. According to the Times of the U.K., serves on both the Energy Committee These claims, first reported in the the actual authors of the claim on nat- and the Environment and Public Works Times of the U.K., stated that: ural disasters withdrew the claim—but Committee. I come to the floor to tell Pachauri was told that the Intergovern- the United Nations did not. you and our Nation the United Nations’ mental Panel on Climate Change assessment Every day new scandals emerge that glaciers would disappear by 2035 was scientists are manipulating data to fur- about the so called ‘‘facts’’ in the U.N. wrong, but he waited two months to correct ther political goals—political goals of reports. it. passing a climate change accord that Claims that ice is disappearing from If proved true, this would mean that will cost the world billions. the world’s mountain tops were appar- Pachauri failed to alert the world to This is not my accusation. The per- ently based on a student dissertation this mistake before the December Co- son making the charge is the person and an article in a mountaineering penhagen conference. who verified the false conclusion. magazine. Investor’s Business Daily in an edi- It is better to hear it in the person’s It was revealed that green activists torial stated: own words: with little scientific experience were If we’re serious about restoring science to His name is Dr. Murari Lal. Dr. Lal is the source for unsubstantiated claims its rightful place, the head of the UN’s panel a retired Indian academic, now a con- that global warming might wipe out 40 on climate change should step down. Evi- sultant. He was one of the four lead au- percent of the Amazon rainforest. dence shows he quarterbacked a deliberate thors of the Asia chapter of the U.N. These revelations are in addition to and premeditated fraud. report. the released e-mails by the Climatic Walter Russell Read, project director He is also behind the bogus claim in Research Unit at East Anglia Univer- for Religion and Foreign Policy at the United Nations climate change reports sity. These are the e-mails that first Pew Forum was quoted in Investor’s that Himalayan glaciers will have raised serious questions about the con- Business Daily Tuesday February 2 as melted by 2035. duct of U.N. and even U.S. scientists. saying: He admitted that this scientific These e-mails demonstrate a coordi- After years in which global warming activ- ‘‘fact’’ as climate change supporters nated effort by trusted climate sci- ists had lectured everyone about the over- like to state, was included in the re- entists to suppress dissenting views whelming nature of the scientific evidence, port ‘‘purely to put political pressure it turned out that the most prestigious agen- and manipulate data and methods to cies in the global warming movement were on world leaders.’’ skew the U.N. reports to reach a politi- breaking laws, hiding data and making in- Let me repeat—he said this so called cally correct view of the impact of cli- flated, bogus claims resting on, in some ‘‘fact’’ was included in the United Na- mate change. cases, no scientific basis at all. tions report ‘‘purely to put political Scientists at the Climatic Research President Obama, Secretary of State pressure on world leaders.’’ Unit said that they ‘‘admitted throw- Clinton, and U.N. Ambassador Rice According to Dr. Lal, ‘‘It related to ing away much of the raw temperature need to apply all the necessary pres- several countries in this region and data on which their predictions of glob- sure to ensure that Dr. Pachauri is re- their water sources.’’ al warming are based.’’ moved. ‘‘We thought that if we can highlight The lack of any raw data prevents I also call on President Obama to di- it, it will impact policy makers and other scientists from checking their rect his cabinet to stop supporting any politicians and encourage them to take work and raises additional questions policies that relied in whole and in part some concrete action.’’ about the accuracy of the data used in on the fraudulent United Nations re- The so called ‘‘fact’’ in the report is the U.N. reports. ports. just not true. The actions by scientists and others It is time to have the scientific data On January 21, the Economist stated to suppress data that contradicts their behind such policies independently that when informed about the error the conclusions is misleading, unethical verified. United Nations ‘‘did nothing’’ and the and unacceptable. Administration policies relating to claims were ‘‘airily dismissed by Their conduct needs to be inves- climate change will cost millions of Rajendra Pachauri.’’ tigated. Americans their jobs.

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.031 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S465 We need to get this right. State of Vermont, as far north from a registered nurse, now retired. She has To continue to rely on these cor- Haiti as it could be—right up there on gone to those hospitals. She has seen rupted U.N. reports is an endorsement the Canadian border—answered the call how little there is to work with. She of fraudulent behavior. to help a neighbor in the hemisphere. knows that somebody coming with the It is a signal to the American people On January 20, 11 volunteer doctors, equipment that’s needed, the supplies that ideology is more important than nurses, and other health professionals that were lacking, what a difference their jobs. from Vermont arrived in Jimani, Do- that makes. I yield the floor. minican Republic. That is a remote Marcelle and I are very impressed The PRESIDING OFFICER. The Sen- border town where some of the injured with the commitment of those ator from Vermont is recognized. from Haiti were taken immediately Vermont volunteers. It is emotionally HAITI after the earthquake and where many and physically exhausting, but no less Mr. LEAHY. Mr. President, on Janu- more have arrived. rewarding. I thank them for their hard ary 22 I spoke in this Chamber about The Vermont health workers joined work and dedication, for their selfless the earthquake that struck Haiti on other doctors and nurses to care for example. January 12 and the unprecedented dev- hundreds of patients in the hospital. What happened in Haiti was as great astation it caused. We now know that They coordinated helicopter and ambu- a natural disaster as any one of us will an estimated 3 million people have lance transports, they established clin- ever hear of. But what it has done is been affected, including some 700,000 ics to evaluate and treat injuries. They spark the generosity of people every- people displaced from Port-au-Prince cared for over 250 amputees. They where. The help has to continue. I will and living under plastic or other make- worked tirelessly to meet the needs of make sure of that as chairman of the shift shelter. As many as 200,000 more the victims and their families. State and Foreign Operations Sub- may have died; tens of thousands have What they did helped immeasurably. committee. suffered injuries, including many I look at this one photograph—at one Thanks to this small group of whose limbs had to be amputated, some of the nurses helping this child. Some Vermonters who went down there, lives as the only way to save their lives and couldn’t speak the language. None of were saved, lives were changed, chil- to extricate them from the rubble. them knew the people before they went dren were rescued. We Vermonters are Hundreds of thousands of children have there. All they knew was that the Hai- proud. I yield the floor, and I suggest the ab- lost one or both of their parents. It is tians are fellow human beings, suf- sence of a quorum. hard to quantify the scale of human fering, and they felt, as we do in The PRESIDING OFFICER. The suffering. Vermont and in so many other places: clerk will call the roll. Think of it. Thousands of commercial If your neighbor is hurting, you are The legislative clerk proceeded to buildings, 200,000 homes, the presi- hurting, and so you help your neighbor. call the roll. dential palace, the national cathedral They went and helped. Mr. LEAHY. Mr. President, I ask as well as the parliament building, the It is life-saving work. But it is also unanimous consent that the order for government ministries, U.N. head- life-changing work. These Vermonters the quorum call be rescinded. quarters were either heavily damaged will return home having endured, im- The PRESIDING OFFICER. Without or destroyed. Roads, ports, and commu- provised, and made a difference objection, it is so ordered. nication infrastructure were exten- through the experience of a lifetime. Mr. LEAHY. Mr. President, I ask sively damaged. How many of us can say we have done unanimous consent that the vote on Ninety percent of the schools in something that made such a difference the motion to invoke cloture on the Port-au-Prince have been destroyed. in someone’s life? They have, but their nomination of Martha Johnson occur This rebuilding is going to take years, own lives have also been changed. at 2:45 p.m., with the time until then even with the help of the international They were confronted with hundreds divided equally; with the provisions of community, the United States, work- of injured people. They had just a the order governing this nomination ing side-by-side with the people of handful of medical personnel, no sup- remaining in effect. Haiti. plies, and they worked around the The PRESIDING OFFICER. Without The generosity of the American peo- clock with volunteers from Haiti, the objection, it is so ordered. ple as well as people from so many Dominican Republic, and many other Mr. LEAHY. I ask further unanimous other countries has been extraor- countries. Sometimes the electricity consent that upon disposition of the dinary. Hundreds of millions of dollars worked, sometimes it did not. Death nomination of Martha Johnson, and have been raised from private organiza- surrounded them. But many of those the Senate resuming legislative ses- tions, foundations, corporations, and who would have died survived because sion, the Senate then proceed to a pe- individuals, including schoolchildren. of the care of these Vermonters. riod of morning business with Senators There have been countless tons of do- The team also traveled to Fond permitted to speak therein for up to 10 nations of food, clothing, medicines, Parisien, Haiti, where a clinic was es- minutes, except when Senator KIRK is and other supplies. It is especially tablished. They worked with Haitians recognized, he be recognized for 20 min- heartening to see the commitment and and other relief organizations to create utes. dedication of volunteers, many of a wound clinic, and a hospital for hun- The PRESIDING OFFICER. Without whom after they received word of the dreds of displaced persons. objection, it is so ordered. earthquake immediately began to pack After 2 weeks working in difficult Mr. LEAHY. I suggest the absence of their bags to travel to Haiti to help conditions, the first team of a quorum and ask unanimous consent any way they could—not sure of where Vermonters is coming home. They are that the time in the quorum call be di- they would stay but knowing they had exhausted physically and emotionally, vided equally. The PRESIDING OFFICER. Without skills that were needed. but they are proud of the help they One such group is the Vermont Haiti objection, it is so ordered. provided to their Haitian patients and The clerk will call the roll. Relief Team. It includes members of of being able to represent Vermont in The legislative clerk proceeded to the Vermont Haiti Project and the the relief effort. This Vermonter is call the roll. Vermont Federation of Nurses and proud of them and proud of a second Mr. BURRIS. Mr. President, I ask Health Professionals. They traveled to team that has now arrived in Haiti and unanimous consent that the order for Haiti. I talked with some of them who has begun working. the quorum call be rescinded. helped with the recovery, I heard and The Vermont Haiti Relief Team The PRESIDING OFFICER (Mr. read their stories, I have seen the pho- hopes to continue to send volunteers LEAHY). Without objection, it is so or- tographs they sent back. Here is one for 2-week rotations to support the dered. photograph—the nurses are carrying, hospital in Jimani and the clinic in The Senator from Illinois is recog- obviously, a patient on a stretcher. Fond Parisien for the next 3 to 6 nized. As a Vermonter, as an American, I months. Mr. BURRIS. Mr. President, I ask could not be more proud of the life- I have been to Haiti. I know what a unanimous consent to speak for 6 min- saving work they are doing. Our little poor country it is. My wife Marcelle is utes as in morning business.

VerDate Nov 24 2008 23:38 Feb 04, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.033 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S466 CONGRESSIONAL RECORD — SENATE February 4, 2010 The PRESIDING OFFICER. Without On that day, she knew that her cause Harry Reid, Joseph I. Lieberman, Jeff objection, it is so ordered. was just. She had unshakable faith not Bingaman, Mark Begich, Byron L. Dor- gan, Edward E. Kaufman, Barbara BLACK HISTORY MONTH only in the righteousness of her beliefs but in the heart and soul of this great Boxer, Benjamin L. Cardin, Robert Mr. BURRIS. Mr. President, we re- Menendez, Kay R. Hagan, Sheldon member the giants of American his- nation that its people would turn away Whitehouse, Barbara A. Mikulski, Jon tory, those who led troops into battle, from bigotry and hate, that unjust laws Tester, Blanche L. Lincoln, Roland W. or rose to high office, or gave their could be changed, and that the great Burris, Kirsten E. Gillibrand, Bill Nel- lives for something greater than them- promise of America lives not in the im- son, Mary L. Landrieu. selves; the warriors, the statesmen, the perfect here and now, but in our ability The PRESIDING OFFICER. By unan- heroes who fought to defend our values to define who we wish to become, to imous consent, the mandatory quorum and our freedoms. chart our own course, and remake our call has been waived. We quote their words and etch their destiny. The question is, Is it the sense of the names into stone. We rightfully honor Rosa Parks was not alone in this be- Senate that debate on the nomination their place in the annals of history. lief. There were many others, from all of Martha N. Johnson, of Maryland, to But the quiet moments of our history backgrounds and walks of life, who be Administrator of the General Serv- are often overlooked. shared a similar faith in American ices Administration, shall be brought There are many unsung heroes whose ideals. to a close? actions give shape to our national iden- But, by refusing to give up her seat The yeas and nays are mandatory tity. Too frequently, these brave men on that bus in Montgomery, Rosa under the rule. and women are pushed to the margins Parks brought those ideals to life. The clerk will call the roll. or relegated to obscurity. She helped give wings to a movement The legislative clerk called the roll. That is why I am here today to honor that grew, and gathered steam, and in- Mr. KYL. The following Senators are one woman who did not fight in wars, spired millions to work tirelessly on necessarily absent: the Senator from give great speeches, or perish on the the side of justice and equality. Utah (Mr. BENNETT) and the Senator battlefield. Today, Rosa Parks would have cele- from Texas (Mrs. HUTCHISON). Make no mistake: those pursuits are brated her ninety-seventh birthday. The PRESIDING OFFICER (Mrs. noble, and it is right that we honor Just this morning, I joined Leader REID SHAHEEN). Are there any other Sen- them. and our Congressional colleagues to ators in the Chamber desiring to vote? But our quiet heroes have just as commemorate this milestone. The yeas and nays resulted—yeas 82, much claim to our national attention, And as we observe Black History nays 16, as follows: Month, I can think of no finer way to and also deserve our respect and praise. [Rollcall Vote No. 19 Ex.] So today I would ask my colleagues begin this time of remembrance and YEAS—82 to pause and to think of just such a celebration than by honoring the leg- quiet American hero: acy of a great American like Rosa Akaka Feingold Mikulski Parks. Barrasso Feinstein Murkowski She never wore a uniform, though in Baucus Franken Murray a sense she led a great and diverse So I ask my colleagues to join me in Bayh Gillibrand Nelson (NE) army. She never rose to high office, al- remembering this quiet pioneer and Begich Graham Nelson (FL) Bennet Hagan Pryor though she paved the way for others, millions of others like her, ordinary Bingaman Harkin people who are not afraid to reach for Reed including myself to do so. Boxer Inhofe Reid Brown Inouye extraordinary things. Roberts Rosa Parks began her life in a world Brownback Johanns Rockefeller that largely considered her to be Regular folks who see this country Burr Johnson and this world as they are, but are not Burris Kaufman Sanders undeserving of equal rights. She knew Schumer the injustice of segregation, and was no afraid to imagine what they can be. Byrd Kerry Cantwell Kirk Shaheen stranger to racism and hatred. Few of these unsung heroes will ever Cardin Klobuchar Snowe She grew up poor in Tuskegee, AL, see their names in print, or etched into Carper Kohl Specter where she wasn’t even allowed to ride our collective history, but all remind Casey Landrieu Stabenow Coburn Lautenberg Tester the bus to school. us of the enduring greatness of the Collins Leahy Thune But, thanks to a life of principled ac- United States of America and the fun- Conrad LeMieux Udall (CO) tivism, and a moment of quiet courage damental goodness of our fellow human Corker Levin Udall (NM) beings. Cornyn Lieberman Vitter on a city bus in Montgomery, this poor DeMint Lincoln Voinovich country girl would grow into a strong Mr. President, I yield the floor, and I Dodd Lugar Warner woman whose name became synony- suggest the absence of a quorum. Dorgan McCain Webb Durbin McCaskill Whitehouse mous with ‘‘freedom’’ and ‘‘equality.’’ The PRESIDING OFFICER. The Ensign Menendez Wyden And when she passed away, not on a clerk will call the roll. Enzi Merkley The legislative clerk proceeded to foreign battlefield, but quietly in her NAYS—16 home, at the age of 92, she was call the roll. Alexander Grassley Risch mourned by her friends and neighbors Mr. LEAHY. I ask unanimous con- Bond Gregg Sessions from back home in Alabama, but also sent that the order for the quorum call Bunning Hatch Shelby by an entire nation, in a funeral held be rescinded. Chambliss Isakson Wicker Cochran Kyl at the National Cathedral and lasting a The PRESIDING OFFICER (Mr. Crapo McConnell full 7 hours. BURRIS). Without objection, it is so or- NOT VOTING—2 Such was the impact that Rosa Parks dered. Bennett Hutchison had on our social and political land- CLOTURE MOTION scape. The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this Such was the indelible mark left by the previous order, pursuant to rule vote, the yeas are 82, the nays are 16. her decision, on that first day of De- XXII, the clerk will report the motion Three-fifths of the Senators duly cho- cember in 1955, to say ‘‘no.’’ to invoke cloture. sen and sworn having voted in the af- To refuse to accept that she was a The legislative clerk read as follows: firmative, the motion is agreed to. second-class citizen. The majority leader is recognized. CLOTURE MOTION To claim what was rightfully hers as Mr. REID. Madam President, with an American, not by force, and not by We, the undersigned Senators, in accord- the storm fast approaching, I think it ance with the provisions of rule XXII of the attacking or degrading her fellow man, Standing Rules of the Senate, hereby move is to everyone’s advantage we complete but by insisting, with quiet conviction: to bring to a close debate on the nomination our work today. So I am convinced this I am your equal. I am any man or wom- of Martha N. Johnson, of Maryland, to be Ad- will be the last vote of the day. Now, I an’s equal. ministrator of General Services. would say this. I have been working

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.035 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S467 with Senators GRASSLEY and BAUCUS, second executive branch nominee this struction will reap political benefit for and, of course, the Republican leader, week that has been filibustered by Re- them and damage to the President. But trying to get something keyed up for publicans. Her nomination has been the people who pay the price for this Monday, and I think we are making a stalled on the Senate Executive Cal- political calculation are the American lot of progress in that regard. endar since June 8 due to the opposi- people who depend on the government It appears we are going to have a clo- tion of a single Republican Senator being able to do its job. I hope that Re- ture vote on a nominee on Monday. I over a dispute with GSA about plans publican Senators will rethink their already talked to the Republican lead- for a Federal building in his home political strategy and return to the er about this several days ago. We are State. The will of the Senate and the Senate’s tradition of promptly consid- also going to move forward on a jobs needs of the American people are held ering noncontroversial nominations so package Monday. We are either going hostage by a single Senator. that we can work together to regain to do one on a bipartisan basis—I sure Overall, as of this morning, there the trust of the American people. hope we can do that; it really would be were more than 75 judicial and execu- The PRESIDING OFFICER. Under good for the country and good for us— tive nominees pending on the Senate the previous order, all postcloture time if not, we will have to do one that will Executive calendar. is yielded back. be my amendment rather than an Yesterday, at the Democratic Policy The question is, Will the Senate ad- amendment of a bipartisan group of Committee’s issue retreat, I asked vise and consent to the nomination of Senators. So I hope we can do that. But President Obama if he will continue to Martha N. Johnson, of Maryland, to be work hard to send names to the Senate we will have that worked out later Administrator of General Services? as quickly as possible and to commit to today more than likely. But this will Mr. DURBIN. Madam President, I ask work with us, both Republicans and be the last vote for the day. for the yeas and nays. Madam President, we also are work- Democrats, to get these nominees con- The PRESIDING OFFICER. Is there a firmed. So far since taking office, the ing on someone to replace Judge Alito sufficient second? President has reached across the aisle in the New Jersey Circuit, and his There appears to be a sufficient sec- working with Republicans and Demo- name is Joseph Greenaway. We hope ond. crats to identify well-qualified nomina- The clerk will call the roll. that can also be done on Monday. tions. Yet even these nominations are The bill clerk called the roll. Mr. LEAHY. Madam President, in delayed or obstructed. The President Mr. KYL. The following Senators are order to vote on the nomination of responded by stating: necessarily absent: the Senator from Martha Johnson to head the General Well, this is going to be a priority. Look, Utah (Mr. BENNETT), the Senator from Services Administration, the Senate it’s not just judges, unfortunately, Pat, it’s Oklahoma (Mr. COBURN), the Senator was required to overcome the 15th fili- also all our federal appointees. We’ve got a from Texas (Mrs. HUTCHISON), and the buster of President Obama’s nomina- huge backlog of folks who are unanimously Senator from Georgia (Mr. ISAKSON). tions to fill important posts in the ex- viewed as well qualified; nobody has a spe- The PRESIDING OFFICER. Are there ecutive branch and the judiciary. That cific objection to them, but end up having a any other Senators in the Chamber de- number does not include the many oth- hold on them because of some completely unrelated piece of business. siring to vote? ers who have been denied up-or-down On the judges front, we had a judge for The result was announced—yeas 96, votes in the Senate by the anonymous the—coming out of Indiana, Judge Hamilton, nays 0, as follows: obstruction of Republicans refusing to who everybody said was outstanding—Evan [Rollcall Vote No. 20 Ex.] agree to time agreements to consider Bayh, Democrat; Dick Lugar, Republican; all YEAS—96 recommended. How long did it take us? Six even noncontroversial nominees. There Akaka Enzi Menendez have been as many filibusters of nomi- months, six, seven months for somebody who Alexander Feingold Merkley nations as there have been confirma- was supported by the Democratic and Repub- Barrasso Feinstein Mikulski tions of Federal judges in President lican senator from that state. And you can Baucus Franken Murkowski multiply that across the board. So we have Bayh Gillibrand Murray Obama’s first 2 years in office. to start highlighting the fact that this is not Begich Graham Nelson (NE) This 15th filibuster is three times as how we should be doing business. Bennet Grassley Nelson (FL) many as there were in the entire first Let’s have a fight about real stuff. Don’t Bingaman Gregg Pryor 2 years of the Bush administration. hold this woman hostage. If you have an ob- Bond Hagan Reed jection about my health care policies, then Boxer Harkin Reid Was it not just a few years ago that Re- Brown Hatch Risch publicans were demanding up-or-down let’s debate the health care policies. But Brownback Inhofe Roberts votes for nominees, and contending don’t suddenly end up having a GSA admin- Bunning Inouye Rockefeller istrator who is stuck in limbo somewhere be- Burr Johanns Sanders that filibusters of nominations were cause you don’t like something else that Burris Johnson Schumer unconstitutional? Again, the 15 filibus- we’re doing, because that doesn’t serve the Byrd Kaufman Sessions ters of nominations matches the total American people. Cantwell Kerry Shaheen number of Federal judges confirmed in Cardin Kirk Shelby I could not agree more with Presi- Carper Klobuchar Snowe President Obama’s first 2 years in of- dent Obama. This should not be the Casey Kohl Specter fice. way the Senate acts. Unfortunately, we Chambliss Kyl Stabenow In the second half of 2001, the Demo- have seen the repeated use of filibus- Cochran Landrieu Tester cratic majority in the Senate pro- Collins Lautenberg Thune ters, and delay and obstruction have Conrad Leahy Udall (CO) ceeded to confirm 28 judges. By this become the new norm for the Repub- Corker LeMieux Udall (NM) date during President Bush’s first lican in the Senate. We have seen un- Cornyn Levin Vitter term, the Senate had confirmed 31 cir- Crapo Lieberman Voinovich precedented obstruction by Senate Re- DeMint Lincoln Warner cuit and district court nominations, publicans on issue after issue—over 100 Dodd Lugar Webb compared to only 14 during President filibusters last year alone, which has Dorgan McCain Whitehouse Obama’s first 2 years. In the second affected 70 percent of all Senate action. Durbin McCaskill Wicker Ensign McConnell Wyden year of President Bush’s first term, the Instead of time agreements and the Democratic majority in the Senate will of the majority, the Senate is NOT VOTING—4 proceeded to confirm 72 judicial nomi- faced with a requirement to find 60 Bennett Hutchison nations, and helped reduce the vacan- Senators to overcome a filibuster on Coburn Isakson cies left by Republican obstructionism issue after issue. Those who just a The nomination was confirmed. from over 110 to 59 by the end of 2002. short time ago said that a majority CHANGE OF VOTE Overall, in the 17 months that I chaired vote is all that should be needed to Mr. SESSIONS. Mr. President, on the Senate Judiciary Committee dur- confirm a nomination, and that filibus- rollcall 20, I voted ‘‘no.’’ It was my in- ing President Bush’s first term, the ters of nominations are unconstitu- tention to vote ‘‘aye.’’ Therefore, I ask Senate confirmed 100 of his judicial tional, have reversed themselves and unanimous consent that I be permitted nominees. now employ any delaying tactic they to change my vote as it will not affect The obstruction and delay does not can. the outcome. only affect judicial nominees and our The Republican minority must be- The PRESIDING OFFICER. Without Federal courts. Martha Johnson is the lieve that this partisan playbook of ob- objection, it is so ordered.

VerDate Nov 24 2008 01:35 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.039 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S468 CONGRESSIONAL RECORD — SENATE February 4, 2010 Mr. BUNNING. Mr. President, on able example of why this place doesn’t forum. It was not a last-minute effort; rollcall vote 20, I voted ‘‘no.’’ My inten- work. A minimum amount of coopera- it started a year ago. It was not a spe- tion was to vote ‘‘aye.’’ Therefore, I tion, in my judgment, would go a long cial deal for me; it was a timely and ask unanimous consent that I be per- way to helping make this place work fair resolution for the people of Lou- mitted to change my vote since it will the way it should. This nomination isiana—one which they still deserve. not affect the outcome of the vote. should have taken 10 minutes on the The consequences of failure, in my The PRESIDING OFFICER. Without floor of the Senate last June after it final 15 seconds, are that the people of objection, it is so ordered. was reported out unanimously by the Louisiana, if this is not fixed—a health (The foregoing tally has been committee of jurisdiction. care issue on a health care bill—if it is changed to reflect the above orders.) If I sound irritated by what is going not fixed, the people of Louisiana will The PRESIDING OFFICER. Under on, I think a good many Members of have to either cut $472 million out of the previous order, the motion to re- the Senate are irritated by what I be- our budget this year—and that is a lot consider is considered made and laid on lieve is a show of disrespect for good of money out of a budget, even by the table, and the President will be im- government. Washington standards—or raise taxes. I will continue to come to the floor mediately notified of the Senate’s ac- I yield the floor. to speak proudly, openly, and force- tion. The PRESIDING OFFICER. The Sen- ator from Louisiana is recognized. fully about this issue. I thank the Sen- f ator from Massachusetts for allowing f LEGISLATIVE SESSION me to clarify a few points. MEDICAID READJUSTMENT RATE I ask unanimous consent to have a The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Madam President, I group of documents printed in the ate will resume legislative session. know that under the previous arrange- RECORD to substantiate what I have f ment, the Senator from Massachusetts said today. There being no objection, the mate- will be giving his farewell remarks. I MORNING BUSINESS rial was ordered to be printed in the would like to speak for the next 4 min- RECORD, as follows: The PRESIDING OFFICER. There utes prior to him coming to the floor. will now be a period of morning busi- I spoke on the floor earlier explain- STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS, OF- ness, with Senators permitted to speak ing to my colleagues and providing FICE OF THE SECRETARY, therein for up to 10 minutes each. some additional information about the The Senator from North Dakota is Baton Rouge, LA, April 6, 2009. fair resolution the Senate came to to Hon. CHARLES E. JOHNSON, recognized. help Louisiana and any other State Interim Secretary, U.S. Department of Health f that would have been similarly im- and Human Services, Washington, DC. pacted through a very difficult Med- DEAR SECRETARY JOHNSON: Since Hurri- JOHNSON NOMINATION icaid readjustment rate. I spoke at canes Katrina and Rita struck the gulf coast Mr. DORGAN. Madam President, I in 2005, several federal agencies, including length this morning about that. the Department of Health and Human Serv- will be brief. The vote that just oc- I want to show this chart that clearly ices, have contributed significant financial curred was a vote on the nomination of outlines our particular and unique and resources in the recovery effort. Many of the Martha Johnson, of Maryland, to head disastrous situation. Since 1999, and be- initiatives continue, and we are grateful for the General Services Administration. fore, the State of Louisiana—and the the ongoing work being done by HHS to as- That vote was reported by the com- occupant of the chair was a Governor, sist Louisiana. mittee unanimously to the U.S. Senate I write today to share with you what seems so she knows—paid approximately 30 to be an unintended consequence of the bold on June 8 of last year—June 8 of last percent of our Medicaid dollars and the financial initiatives undertaken since 2005. year. It has been blocked since that Federal Government picked up about Billions of dollars have been infused into moment, and now we have a vote. We 70. We are in the lower one-third of Louisiana’s economy following the damage didn’t have a vote in July, August, States on a per capita basis and have caused by the failure of the federal levee sys- September, October, November, De- been since the Civil War, and we re- tem—dollars for which we are grateful, but cember, or January; we had it now, 7 or main that way to this day. which we also know are temporary by their nature. Unfortunately, as calculations are 8 months later. After blocking it for 7 What happened after Katrina and performed by the federal government to de- or 8 months, 92 Senators voted yes. Ex- Rita was, because of the great gen- termine federal participation for Medicaid, it plain to the American people how you erosity not only of this body and the has become clear the federal formula for es- block a nomination for 7 months that Congress and the former President and timation of federal match for Louisiana has you support. Try to explain that. In my the current President and private sec- become significantly artificially skewed by judgment, it is a shameful disrespect tor dollars—billions and billions of dol- the infusion of these dollars into the calcula- tion of per-capita income. for good government to block nomina- lars poured into our State, driving our Louisiana’s federal match for Medicaid tions for month after month after per capita income up an unprecedented typically has been expected to range some- month. 40 percent. That has never happened in where between 69.6 percent and 73 percent The same is true with individual the history of the Medicaid Program. with very small variations from year-to- issues that are brought to the floor of The State that comes closest to a per year. However, according to forecasts pro- the Senate. I will give you a couple of capita increase, I believe—or several vided by Federal Funds Information to examples. An appropriations bill was States increased by only 14 percent. States (FFIS), and our own calculations, it appears our FMAP will decline for FFY 10 blocked on the floor of the Senate, and The bottom line is, if our delegation from its current nearly 72 percent to 67.6 per- then 80 people voted yes. A credit card had not sought some fix, some arrange- cent, and then again for FFY 11 to 63.1 per- holders’ bill of rights was blocked in ment, some workout of this problem, cent. Similarly, our enhanced match for the Senate, and then 90 people voted the people of Louisiana, who have been CHIP will decline from 80 percent to 74 per- yes. The Department of Defense appro- impacted by the largest disaster in re- cent. According to FFIS, these calculations priations was filibustered in the Sen- cent memory, would have had to pay are based on what appears to be a 42 percent ate, and then 88 Senators voted yes on $472 million more for basically the increase in Louisiana’s per-capita income that. from 2005–2007—an increase otherwise not same program. The formula was typical by any reasonable definition of in- If ever there were a demonstration flawed. come without the inclusion of the multitude for all to see how unbelievably broken The point I want to make in my final of one-time recovery dollars included by the this process is, it is today, once again, minute is this: I am proud to lead this BEA in their calculations. that after 7 or 8 months, a very quali- effort to fix this. The effort was not a The federal formula for FMAP is delib- fied candidate, reported out unani- secret effort; it was a public effort— erately established by Congress to utilize a mously from the committee of jurisdic- called for by the Republican Governor, three-year running average so as to avoid such sudden spikes or decreases. Even with tion to head the GSA now gets 92 peo- Bobby Jindal, in a press conference 2 such safeguards, however, Louisiana is fac- ple to vote yes, which means we have a weeks before Barack Obama was sworn ing the largest decrease in FMAP in the na- lot of people who block things they in- in as President—to talk about this tion, and at an alarming rate, based on cur- tend to vote for later. It is an unbeliev- issue in a public forum, not a private rently forecast expenditures, which assume

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significant current-year and proposed reduc- SENATE CONCURRENT RESOLUTION NO. 137 Whereas, according to the federal formula, tions in spending for the next fiscal year, the Whereas, in 2005 and 2008, Louisiana was the increase in per capita personal income in lost federal match will annualize to an esti- struck by hurricanes Katrina, Rita, Gustav, Louisiana in 2006 and 2007 will have the unin- mated $700 million. Importantly, this lost and Ike, collectively requiring billions of tended consequence of reducing Louisiana’s federal revenue is net of the stimulus—mean- dollars of federal and private assistance to FMAP for federal fiscal years 2010 and 2011; ing it is a reduction from our Medicaid pro- the state; and and gram in addition to the reduction that will Whereas, the people of Louisiana are grate- Whereas, Louisiana’s FMAP will decrease take place when the stimulus expires. ful for the support of the American people to 67.61% in federal fiscal year 2010 and to The projected major reduction in FMAP and of the United States Congress as the 63.16% in federal fiscal year 2011, a total de- will converge by January, 2011 to pose a cat- state is recovering from these catastrophic crease of 6.53% over two years, the largest aclysmic challenge upon the expiration of events; and decline of any state; and the stimulus. Many states are in a position Whereas, coastal states, such as Florida, Whereas, Louisiana’s FMAP is temporarily to plan for the loss of stimulus dollars, par- Mississippi and Texas, and other states, such ticularly if their FMAP is remaining in a enhanced to eighty percent as a result of the as Iowa, have recently experienced signifi- enactment of the American Recovery and static state. In fact, FFIS estimates 21 states cant disasters related to either hurricanes or will see an increase in their FMAP in FFY Reinvestment Act of 2009 (ARRA), but that flooding, and coastal states can reasonably 11, while other states are protected by the enhanced FMAP will terminate on December expect to experience similar calamities in floor. However, with Louisiana literally 31, 2010; and the future; and going from an 80 percent stimulus FMAP Whereas, Louisiana’s FMAP will drop pre- Whereas, after a disaster resulting in mas- rate to a 63 percent FMAP beginning in Jan- cipitously from eighty percent to sixty-three sive and wide spread damage to public and uary, 2011, the sudden decrease is simply not point sixteen percent on January 1, 2011, and private property, economic activity may manageable without a sudden and dramatic this loss in federal match will annualize to temporarily significantly increase as the blow to our program, its providers and, most approximately one billion dollars; and state and local communities endeavor to re- importantly, to the 26 percent of our popu- Whereas, Louisiana has demonstrated a lation—mostly children—who rely upon the build; and Whereas, due to the increased economic ac- significant commitment to its programs for financial solvency of the program. providing health care access to the poor by Louisiana has a very honored tradition of tivity resulting from hurricanes Katrina and Rita, Louisiana’s per capita personal income investing in substantial sums of state gen- enrolling our lowest income children in eral fund dollars through Medicaid, SCHIP health coverage, with only 5 percent of our saw an unusual and extraordinary increase and a statewide system of public hospitals, children currently being estimated to be of forty-two percent from 2005 through 2007; all of which to combine to provide a safety without coverage. Thanks in large part to and net for a state with low income and signifi- the approval of HHS, we expanded access to Whereas, the per capita personal income cant provider access problems, and such a children up to 250 percent of the federal pov- for Louisiana grew by six point eight percent drastic reduction in Louisiana’s FMAP will erty level in January, 2008, and have enrolled from 2000 through 2005; and have devastating impact on the state’s infra- more than 25,000 additional children in our Whereas, the bureau of economic analysis programs since that time. We have been sin- of the U.S. Department of Commerce stated structure for caring for the poor; and gled out as the state that has the best track in its 2007 report entitled State Personal In- Whereas, the presumed purpose for using record of retaining these children in cov- come, that ‘‘Louisiana grew ten point five the per capita personal income as a basis for erage. Clearly, Governor Jindal is committed percent in 2007, down from twenty point six the calculation of FMAP is to ensure re- to making additional progress in improving percent in 2006,’’ and that ‘‘these growth sources are directed to states which are more the health outcomes for our population, but rates are substantially higher than any likely to have low-income populations, and such significant reductions in federal fund- other state’’; and thus, a more significant burden on the Med- ing—particularly resulting as a consequence Whereas, the bureau further reported that, icaid program; and of our hurricane recovery—can only disrupt ‘‘the rental income component of Louisiana Whereas, Louisiana’s Medicaid program this program. . . . personal income was boosted by five point has not seen a decrease in enrollment after four billion dollars of Road Home subsidies hurricanes Katrina and Rita, but rather an Washington, DC, May 4, 2009. from the U.S. Department of Housing and increase, and thus, from an economic per- Secretary KATHLEEN SEBELIUS, Urban Development,’’ and that much of the spective, it is clear the purpose for utilizing Department of Health and Human Services, per capita personal income gain in Louisiana per capita personal income as the primary Washington, DC. ‘‘is accounted for by the Road Home sub- driver of the state’s FMAP cannot be accu- DEAR SECRETARY SEBELIUS: We write to sidies which average nearly twelve hundred rately and fairly applied to Louisiana during you today to follow up on an April 9 letter to fifty dollars per Louisiana resident’’; and the period following the temporary increase your office from Louisiana Department of Whereas, evidence shows that even though in economic activity; and the per capita personal income had grown by Health and Hospitals Secretary Alan Levine Whereas, the Louisiana Legislature does forty-two percent from 2005 through 2007, regarding potential reductions to Louisi- not accept that it is the intention of the median income has remained stable which ana’s Medicaid Federal Medical Assistance United States Department of Health and indicates that real personal income has not Percentage (FMAP). Human Services or the United States Con- While many states will face challenges to grown in a sustained way; and gress, through an artifact of the FMAP for- their Medicaid programs in the coming Whereas, the bureau of economic analysis mula, to financially penalize Louisiana and years, we believe that Louisiana’s case is captures not only the economic activity gen- other states working to rebuild their com- unique. As you may be aware, our state is erated by the receipt of government disaster munities after major disasters. Therefore, be still rebuilding from Hurricanes Katrina and relief payments but receipt of insurance pay- it Rita in 2005 as well as Hurricanes Gustav and ments that would not have occurred but for Ike in 2008, including the rehabilitation of the hurricanes—activity which, when in- Resolved, That the Legislature of Louisiana the healthcare system in the New Orleans cluded in the overall calculations of per cap- memorializes the Congress of the United area. These extensive recovery efforts have ita personal income are extremely difficult States to enact legislation to adjust the Fed- inflated Louisiana’s per capita income, but to disaggregate for attribution to specific eral Medical Assistance Percentage rules to were only temporary and do not accurately causes as the spending percolates throughout ameliorate the unintended negative impact reflect the increases to incomes in industries the economy; and caused by the infusion of disaster relief fund- not related to hurricane recovery. Whereas, the increased economic activity ing, both public and private, into Louisiana’s Since the FMAP formula uses per capita in Louisiana in 2006 and 2007 is clearly a di- and other state’s economies following major income to calculate how much each state rect result of the rebuilding that occurred in disasters. Be it further will receive in Medicaid funding, we are the aftermath of hurricanes Katrina and Resolved, That a copy of this Resolution greatly concerned that the post-hurricane Rita and this economic activity led to a cor- shall be transmitted to the secretary of the per capita income increases could signifi- responding increase in per capita personal United States Senate and the clerk of the cantly impact our state’s FMAP allocation. income in Louisiana in 2006 and 2007; and United States House of Representatives and We ask that you meet with Secretary Levine Whereas, accurate considerations of per to each member of the Louisiana delegation to develop a solution to the unique problem capita personal income are important be- to the United States Congress. that is facing our state. cause federal law establishes the formula by Ms. LANDRIEU. Madam President, I Sincerely, which the FMAP for each state is deter- Mary Landrieu, U.S. Senator; Rodney Al- mined based on a comparison of each states yield the floor. exander, Member of Congress; Charlie per capita personal income to the per capita The PRESIDING OFFICER. The Sen- Melancon, Member of Congress; Bill income personal income of the United States ator from Massachusetts is recognized. Cassidy, Member of Congress; David as calculated by the bureau of economic Mr. KIRK. Madam President, I ask Vitter, U.S. Senator; Charles Boustany, analysis; and unanimous consent to speak for the Member of Congress; Steve Scalise, Whereas, when a state’s per capita per- Member of Congress; John Fleming, sonal income increases relative to the aver- time I may consume. Member of Congress; Anh ‘‘Joseph’’ age of the United States, the state’s FMAP The PRESIDING OFFICER. Without Cao, Member of Congress. decreases; and objection, it is so ordered.

VerDate Nov 24 2008 01:35 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.013 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S470 CONGRESSIONAL RECORD — SENATE February 4, 2010 PUTTING POLITICS ASIDE the Senate. We shared a bond of sorrow Madam President, I ask unanimous Mr. KIRK. Madam President, I rise with every other Senator at the real- consent to have printed in the CON- for the honor of speaking on the floor ization that, after 47 years of legendary GRESSIONAL RECORD at the conclusion of this Senate Chamber for the last service, Ted Kennedy would no longer of my remarks a list of my staff. time. With the swearing-in of Senator- be occupying this desk. It was a time of The PRESIDING OFFICER. Without elect SCOTT BROWN of Massachusetts emotional stirring, to be sure. But I objection, it is so ordered. scheduled for later this afternoon, my found resolve in the certainty that (See exhibit 1.) Mr. KIRK. Madam President, these time as a Senator is nearing its close. Senator Kennedy himself would be the I repeat for the record, my most sin- first to urge us to persevere, and that are outstanding public servants who have my heartfelt appreciation and cere congratulations to SCOTT BROWN attention to Senate duties was the on his impressive victory. We have most obvious way I could honor his every best wish for the future. Over 3 months ago, in my maiden worked together to assure that he and memory. speech from this desk, I chose to speak the people of Massachusetts were well In undertaking those duties, I thank about Senator Kennedy’s top legisla- served during the transition, and I wish the majority leader HARRY REID and tive priority—to make quality health him all the very best in his service to his entire leadership team for their en- couragement, support, and wise coun- care affordable and accessible to all the Senate. Americans. Since then, much has been Under the saddest of circumstances— sel. I thank the assistant majority accomplished in both Houses of Con- the loss of our colleague and our close leader, DICK DURBIN of Illinois, for his gress to bring us closer to that long friend Senator Ted Kennedy—my ap- very generous remarks about me on awaited goal. pointment to this office has allowed the floor earlier today. I thank my Senate freshman col- Following the election results in me to serve my Commonwealth and Massachusetts over 2 weeks ago, it was leagues who have been a source of country in ways I could not have imag- suggested that we let the dust settle strength to me and I predict will be a ined a few months ago. It has enabled before deciding what our next steps source of strength and leadership in me to work closely with many old and should be on health care reform. But this great body in the years to come; to new Senate friends—women and men we must not let so much dust settle all my colleagues on both sides of the who have been sent by their constitu- that it buries all the sensible and nec- aisle; to the officials of the Senate, the ents to work together to make our Na- essary ideas that have been suggested. Secretary, the Parliamentarians, the tion a better place. Comprehensive health care reform clerks and reporters; to the Sergeant These months have helped me to un- must remain an urgent priority of the at Arms, the doorkeepers; to the secre- derstand even more personally why 111th Congress. Senator Ted Kennedy devoted his pub- taries for the majority and minority But before we move forward on the lic life to the work of the Senate, why and their able staffs; to the Chaplain; path to health care reform and the he took such pride in its history and and, of course, to the pages. Each and many other critical issues that demand its accomplishments, why he reached all of you have been extraordinarily our attention, I respectfully submit across the aisle to find common cause thoughtful to me, patient with your tu- that the Senate—and by that I mean with allies who shared his hopes, and telage and generous with your kindness each individual Senator—must pause why, from time to time, he called upon and courtesies, and I will remember to answer this question: Will the ma- this body to reach beyond the politics each of you with affection and appre- jority and minority walk that path to- of the moment to achieve a greater ciation. gether and work together on the busi- good for the country’s future. The les- Finally, I wish to thank the Ken- ness of the people we represent or will sons of his legacy will live on in this nedy-Kirk staff. The Kennedy staff has the people we represent watch the Sen- Chamber and in the institute devoted enjoyed a reputation of professional ex- ate that belongs to them revert to the to the study of the Senate that will cellence through the years. Why? Be- calculated, politically polarizing stand- bear Ted Kennedy’s name. cause they strove to match their boss’s off that has alienated the country dur- I discovered when just a boy how unmatchable work ethic and his tire- ing these past few months? emotionally difficult it was to say less quest for excellence in the Senate. With the results from Massachusetts, goodbye. So I learned to use two other They shared Senator Kennedy’s com- much has been made of the fact that words that come much easier at times mitment to do all within one’s ability the numbers have changed in the Sen- such as this. Those two words are to make America a better and more ate, and that is true. The numbers have ‘‘thank you.’’ just society and to make a positive dif- changed. But the American people are I was not elected to this post, but I ference in the lives of its people. asking a more important question: Will am deeply grateful to the people of I am grateful that many Kennedy anything else change? Will the Demo- Massachusetts who, through their staffers were willing to stay on as Kirk cratic majority, despite its still solid elected representatives, gave me the staffers. It has been my pleasure to numerical advantage, be forced to cling opportunity to serve them. Particular share a special bond with them and to a 60-vote strategy as the only path thanks are owed to senate president with the capable young recruits who to forward progress on matters small Therese Murray and house speaker Bob joined our ranks to begin their public and large, procedural as well as sub- DeLeo for their leadership in enabling service with this short-term freshman stantive? Will the Republican minority Gov. Deval Patrick to appoint an in- Senator. misread the Massachusetts results as terim Senator. I will always be grateful My special thanks go to Senator Ken- vindication of a strategy to just say no to Governor Patrick for his confidence nedy’s and my chief of staff, Eric to any measure proposed by a Demo- in me. Mogilnicki, who managed our collec- cratic President of the United States It was my special gift to have had tive efforts with calm and competence or by their colleagues on this side of Senator Kennedy’s trust and friendship during months of distraction and the aisle? since signing on as a member of his heartache; to Barbara Souliotis, direc- In my first speech from this desk as Senate staff some 40 years ago. But fol- tor of our Massachusetts office who the 100th Member and the most junior lowing his death, to be encouraged by served Senator Kennedy and the con- Member and the 60th Democratic vote, his family—his devoted wife Vicki, his stituents of Massachusetts with devo- I said I was hopeful that a newcomer’s daughter Kara, his son Ted, Jr., and his tion and distinction from his very first perspective would be received as a con- son PATRICK—to consider an appoint- campaign in 1962 until this very day; structive contribution to the debate ment to succeed the man whom they so and to Carey Parker, with whom I and that the debate should not be loved and who achieved so much in this began my own Senate service over 40 about one party reaching 60 votes; it body is an honor for which no words of years ago. Carey was the loyal and wise should be about 100 Senators reaching thanks are adequate. legislative assistant constantly at Sen- out to each other to reform a system I will forever be grateful to my ator Kennedy’s side helping to craft that better reflects the true values and friends and colleagues JOHN KERRY, and guide a legislative legacy that character of our Nation. CHRIS DODD, and so many others, for shall remain a standard of excellence Now some 4 months later, I feel their warm and generous welcome to for the ages. obliged to repeat this observation to

VerDate Nov 24 2008 01:35 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.048 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S471 my colleagues, Democrats as well as try is waiting for you to do anything. They Shortly after his oath of office last Republicans. just want relief. You have the responsibility, September, I said PAUL was smart, Bipartisan comity and collaboration you have the authority, you are the people modest, polite, civil, and willing to must replace the polarization that on Earth that are going to save this country share credit, and despite all that, I still and save the world. Think about that. We’ve threatens to poison the atmosphere got to get together. We have no alternative. thought he would be a terrific Senator. and impede the work of this body. The There’s nothing left. It’s time for politics to I think all of us would agree he has Senate is in need of its own form of cli- be put aside on the back burner. been a terrific Senator in a short span mate change, and only Senators of Madam President, I submit Senator of time. good will and of good faith and of both Brooke is correct. We have no alter- At a time of enormous upheaval in parties can bring that about. native. The Republican and Democratic Massachusetts, a time of mourning, The American people are filled with Members of the Senate have no alter- there was no one who was more suited anxiety, anger, and impatience. They native but to work together in a bipar- for the moment than PAUL KIRK, and are facing issues of job security, health tisan spirit with a level of civility and there was no one who understood the security, retirement security, home se- cooperation that is equal to the dignity meaning of the moment better than curity, tuition security, and the list of this institution and to the mag- PAUL KIRK—Ted Kennedy’s friend of 40 goes on. Their crises should not be di- nitude of what is at stake for American years. viding their Senate; it should be unit- families. Everyone would agree PAUL hit the ing it. The Senate is at its best and is re- ground running. He was familiar with When the American families we are warded fairly by the electorate when it Teddy’s staff and was able to bring honored to represent are imperiled by reflects a spirit of teamwork and col- highly qualified people himself. He had economic hardship and uncertainty, laboration that brings results for the a command of all the issues that were they expect Democrats, Republicans, people it is meant to serve. We have facing the Senate. He had a special un- and Independents to work together in seen it throughout history. We have derstanding of the politics that are their common interest. And they de- seen it in statesmen such as Ted Ken- played in Washington. PAUL was al- serve no less. nedy and Ed Brooke. We have seen it in ways aware, as he said with his dry wit, Lest anyone be misled by the mes- so many others who have served in this that he was a short-timer, but in his sage of the Massachusetts election, Chamber with distinction. I know—I months here he didn’t decide to come they should examine the exit polls. know—there are Senators of good will and be satisfied to simply serve out the Voters were asked if the Senator-elect of both parties who long for that spirit term. He led, just as he expressed to us should join his Republican colleagues today. he knew people expected him to. and try to block the President and con- We are among the very few who are He cast an all-important vote, obvi- gressional Democrats or should he privileged to serve in this historic ously, in the Senate’s historic passage work with them in a bipartisan man- body. As I complete my own duties of comprehensive health care reform. ner. Among all voters, cooperation won here, I could not leave with a clear con- But, frankly, much more important by more than 3 to 1, 76 percent to 21 science without urging all my col- than a decisive vote, he provided a percent. And among those voters who leagues to seize this opportunity and clear and compelling voice in the supported the Senator-elect, bipartisan this mutual obligation to take the long Democratic caucus for important fea- cooperation was preferred to obstruc- view, to put partisan politics aside, to tures of the health care reform bill, es- tion by almost 2 to 1—61 percent to 36 come together in good faith and good pecially the Community Living Assist- percent. will to better serve the institution we ance Services and Supports Act—or the I spent a part of my career as na- revere, the people we represent, and CLASS Act, as it is known. That is an tional chairman of one of our two the Nation we love. act PAUL fought hard for, based on his major political parties. It was my job Madam President, with gratitude for commitment to providing much needed to be partisan. It was my job to weigh the privilege of serving the people of insurance support to Americans with each decision, asking whether or how it Massachusetts in the Senate, for the disabilities, allowing them to live inde- might give us a political advantage in last time, I yield the floor. pendently in their communities. It was the short run or in the next election. EXHIBIT 1 a cause, I might add, that marked Ted AUL That is what party chairmen are ex- STAFF OF U.S. SENATOR PAUL G. KIRK, JR. Kennedy’s life but also P ’s. PAUL didn’t just work on health care pected to do. That is not what Senators (Jan. 25, 2010) reform. As a Member of the Senate are expected to do. Larry E. Bageant, Bethany Bassett, Eileen There is always the possibility that M. Brogan, Ronny A. Carlton, Aubre Marie Armed Services Committee, he asked my closing remarks will be dismissed Carreon Aguilar, Thomas D. Crohan, Shawn tough and prescient questions of the by some as idealistic or unrealistic or M. Daugherty, Daniel G. Doherty, John E. Secretary of State, of the Defense Sec- partisan or as just a perspective of a Dutton, Jorie Feldman, Michael George, Ste- retary, of the Chairman of the Joint short termer who doesn’t understand phen Gregory, Lauren P. Janes, Royal F. Chiefs of Staff, Admiral Mullen, about how the process works. Kastens, Kathleen C. Kruse, Ashley Lerner, the military mission in Afghanistan— Keith Maley, Sean M. Malone, Meagen L. To them, I respectfully suggest that the kind of questions of which I know Manning, James M. McCarthy, Eric J. his mentor, Ted Kennedy, would have they listen as well to the words of the Mogilnicki, Terrence J. Mullan, Carey W. last Republican Senator elected from Parker, Patrick N. Rodenbush, Alejandro R. been proud. Massachusetts. This is what Senator Rodriguez, Julie M. Ryder, Graham D. He also cosponsored legislation to Edward W. Brooke, an elder statesman Shalgian, Donna Smerlas, Barbara A. achieve greater parity in domestic of the Republican Party, said when he Souliotis, Tristan D. Takos, Ella M. Tibbs, partner benefits between the Federal received Congress’s highest civilian Thomas B. Walsh, Collenne Wider, Emily A. workforce and the private sector em- honor, the Congressional Gold Medal, Winterson. ployees. He worked with me to extend less than 3 months ago: The PRESIDING OFFICER. The Sen- unemployment insurance benefits that I’m here to tell you that politics is not an ator from Massachusetts. will benefit as many as 40,000 Massa- evil thing. It’s a good thing. And when used Mr. KERRY. Madam President, I chusetts residents, as well as get $80 properly, it does good things. I think of the wish to thank my colleague, PAUL million in Federal grants for commu- awesome responsibilities of the House of KIRK, for his eloquent and important nity health care centers in Massachu- Representatives and the United States Sen- comments to the Senate. He said a mo- setts. ate in these years of crisis. . . . Not only this ment ago he hoped a newcomer’s per- In all this—and PAUL spoke about it country, but this world looks to you. spective would be a constructive con- a few minutes ago—he was served by Then, turning away from his audi- tribution to the debate. I think all my this amazing array of staff who are as- ence to directly address the majority colleagues would agree that whether in sembled behind him. He was served su- and minority leadership of both Houses the caucus or in his maiden speech be- perbly by Senate staffers he inherited of Congress, Senator Brooke said this: fore the Senate or in his comments just from Ted Kennedy and those he When Republicans and Democrats get to- now, PAUL KIRK has made an important brought to the Senate. These out- gether, they can do anything. And the coun- contribution to the Senate. standing men and women deserve our

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.049 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S472 CONGRESSIONAL RECORD — SENATE February 4, 2010 thanks, as he has given them all our I want to tell you, whatever you do, Government of China employs a sophis- thanks in the Senate and well wishes PAUL and Gail, we all send you our ticated, multilayered, and wide-rang- for the next chapter in public service. best. ing apparatus to curtail Internet free- In one of his early speeches in the PAUL has been maybe not a long- dom. It also employs legal and eco- Senate, PAUL KIRK spoke at length term Senator but a great Senator. nomic means to coerce Internet service about his friend, Ted. He said Senator Thank you. providers, Web hosting firms, and mo- Kennedy was not one to sit idly by—he f bile phone companies to delete and acted; he acted to help as many people RESTRICTING FREEDOM OF censor online content. as possible. Well, the same can now be EXPRESSION Finally, it requires domestic Chinese said also of Senator PAUL KIRK, though and foreign companies with subsidi- obviously for a much shorter period of Mr. KAUFMAN. Mr. President, on aries in China—such as Google but time. He was not one to sit idly by. In Tuesday night the Senate spoke with many others—to adjust their business the short time he has been here, he did one voice expressing serious concern practices to allow for increased fil- act, and he has helped as many people about ongoing attempts by China and tering and supervision by the Govern- as possible. other countries to restrict press and When he was selected to replace his Internet freedom and condemning the ment of China, which limits the data friend in the Senate, I was reminded recent cyber-attacks against Google in available on search engines. then—and I think I mentioned this on China. This resolution urges companies to the floor—of Ted Kennedy’s fondness In a bipartisan effort, a truly bipar- engage in responsible business prac- for the poet Robert Frost and a line tisan effort, we unanimously passed S. tices in the face of such pressure from from one of his poems. Frost wrote: Res. 405, introduced by myself and Sen- foreign governments by refusing to aid Men work together, I told him from the ators BROWNBACK, CASEY, KYL, FEIN- in the curtailment of free expression heart, whether they work together or apart. GOLD, LIEBERMAN, MCCAIN, SPECTER, and welcomes the diplomatic initiative Teddy and PAUL worked together for and WEBB—a broad spectrum of the announced by Secretary Clinton in her much of their lives. Even though they Senate who all agree on this issue. This January 21 speech on Internet freedom have been apart these past months, resolution reaffirms the centrality of to support the development of tech- they have never stopped working to- freedom of expression and the press as nology aimed at censorship circumven- gether in the spirit and in the causes cornerstones of U.S. foreign policy. It tion. that PAUL has embraced in his time frames such freedoms as part of U.S. ef- Finally, the resolution highlights here. forts to promote individual rights and violations of a free press in China, such As I think about the comments he voices concern over the ongoing efforts as the ongoing jamming of Radio Free just made, in talking about what we by many countries, and I mean many Asia, Voice of America, and other need in the Senate, I couldn’t help but countries, to restrict free expression, international broadcasters, despite the look across the aisle and not see a Sen- highlighting the attempts to censor, unimpeded broadcast in the United ator there. I regret that. Senator restrict, and monitor access to the States of Chinese state-run medial out- INOUYE, seated to my right, has served Internet. lets. We allow China to broadcast to here much longer than most of us—and The impetus for this resolution was a the CCTV and the Radio China outlets Senator LEAHY, who was just here, and recent cyber-attack on Google’s cor- into the United States completely un- Senator DODD—but I think we were all porate infrastructure and at least 34 fettered. Yet they jam all of our broad- part of the Senate a number of years companies, reportedly originating in casts by Voice of America and Radio ago when that never would have been China. Google has evidence to suggest Free Asia into their country. This is the case. that a primary goal of this attack was not fair, this is not reciprocity, and it So it is what it is. I hope they hear to access Gmail accounts of Chinese is not becoming of a nation that hopes his comments. I hope all our colleagues human rights activists, journalists, to become one of the great nations of will reach for this moment Senator and dissidents. the world. KIRK has asked us to and, in doing so, Even worse, this attack was only one will keep faith not just with his service of many recent attempts to exploit se- It pays tribute to the professional but with the service of our dearly be- curity flaws and illegally access com- and citizen journalists who persevere loved friend, Ted Kennedy. puter networks of numerous individ- in their dedication to report in China I wish to thank PAUL KIRK for his uals and institutions. These cyber-at- despite the extremely high rate of im- service to the people of the country tacks are unconscionable violations of prisonment among journalists. and the Commonwealth of Massachu- national security interests in addition The freedoms highlighted in this res- setts and the way in which he kept to violations of intellectual property olution are not just an inherent good, faith with the spirit of the law which rights. With the passage of this resolu- they are also a practical benefit. As sent him here. I think he has served us tion, countries from which such at- Secretary Clinton recently said: all well, and we will miss him. tacks originate or countries which . . . countries that restrict free access to I yield the floor. take steps to restrict or monitor the I suggest the absence of a quorum. information or violate the basic rights of Internet should consider themselves on Internet users risk walling themselves off The PRESIDING OFFICER (Mr. WAR- notice. from progress. NER). The clerk will call the roll. The resolution calls on the Chinese The legislative clerk proceeded to Government to conduct a thorough re- I am grateful for the widespread sup- call the roll. view of the recent attacks and to make port and passage of S. Res. 405, and I Mr. KAUFMAN. Mr. President, I ask this investigation and its results trans- thank the other cosponsors for their unanimous consent that the order for parent. leadership. The United States must not the quorum call be rescinded. This is not just about cyber-warfare, sit back as voices in China, Iran, and The PRESIDING OFFICER. Without and it is not just about China. This res- around the world are silenced. It is my objection, it is so ordered. olution highlights a much broader and hope this resolution will help to pro- f far-reaching problem of state-spon- mote an environment of expanded free- THANKING SENATOR KIRK sored efforts to restrict free and unfet- doms, especially when it comes to the Mr. KAUFMAN. Mr. President, before tered access to the Internet. Internet and the press. I speak on the issue I came to speak As technology continues to develop, I yield the floor and suggest the ab- about, I have to take a minute to speak an increasing number of governments sence of a quorum. about PAUL KIRK and Gail Kirk and have employed repressive tactics to The PRESIDING OFFICER. The how much they have given this country monitor and control the Internet. In clerk will call the roll. for many years and what a great honor countries such as Iran and China, a it has been for me to serve in the Sen- growing effort has been made to silence The legislative clerk proceeded to ate with PAUL. He embodies all that is the voices of their citizens and restrict call the roll. good about this country. He is someone the free flow of information. According Mr. REID. Mr. President, I ask unan- who has incredible intellect, judgment, to the 2009 ‘‘Freedom on the Net’’ re- imous consent that the order for the and he is a lot of fun to be around. port conducted by Freedom House, the quorum call be rescinded.

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.051 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S473 The VICE PRESIDENT. Without ob- consider the legal and institutional 19 years conceded that the ‘‘enlight- jection, it is so ordered. underpinnings of our financial system. ened self-interest’’ he had once as- f The history of our Nation shows we sumed would ensure that Wall Street have been at this crossroads before. At firms maintain a ‘‘buffer against insol- CERTIFICATE OF ELECTION times, we have made the right decision, vency’’ had failed. The VICE PRESIDENT. The Chair but, sadly, at other times we have The sheer complexity of today’s trad- lays before the Senate the certificate made the wrong one. ing instruments and the supposed risk of election to fill the unexpired term Throughout the 19th century and the management tools used to ensure them created by the death of the late Sen- early part of the 20th century, the com- against collapse was, he said, ‘‘too ator Edward M. Kennedy of the Com- placency of government and the contri- much for even the most sophisticated monwealth of Massachusetts. The cer- vances of powerful, moneyed interests market players to handle properly and tificate, the Chair is advised, is in the prevented us from achieving funda- prudently.’’ form suggested by the Senate. If there mental reform of our financial and Mr. Greenspan, perhaps more than is no objection, the reading of the cer- monetary structures. The result was, anyone else, should have known better. tificate will be waived and will be our history was replete with all-too- But instead of playing the role of the printed in full in the RECORD. frequent banking panics. markets’ fire chief, he played that of There being no objection, the mate- Regrettably, it took well over a cen- head cheerleader. For example, Mr. rial was ordered to be printed in the tury before we heeded the clarion call Greenspan applauded the trend of fi- RECORD, as follows: for reform. nancial disintermediation, proclaiming The shared experience of the Great that new innovations would allow risks THE COMMONWEALTH OF MASSACHUSETTS Depression thrust us into the harsh re- to be dispersed throughout the system. CERTIFICATE OF APPOINTMENT ality that the status quo was bankrupt. Unfortunately, he failed to realize To the President of the Senate of the United Out of the ashes of that crisis, we built that products such as credit default States: a legal and regulatory edifice that has swaps sometimes perversely encour- This is to certify that on the nineteenth day of January, two thousand and ten Scott endured for decades. aged banks to become empty creditors, P. Brown was duly chosen by the qualified One of the cornerstones of that edi- since banks holding these default in- electors of the Commonwealth of Massachu- fice was a federally guaranteed insur- struments could end up making more setts a Senator for the unexpired term end- ance fund to back up bank deposits. money if people and companies de- ing at noon on the third day of January, two Another was the Glass-Steagall Act faulted on their debts than if they ac- thousand and thirteen, to fill the vacancy in which established a firewall between tually paid them. the representation from said Commonwealth commercial and investment banking Of course, this was just the tip of the in the Senate of the United States caused by activities. Other rules were imposed on iceberg. Despite having the power to the death of Senator Edward M. Kennedy. Witness: His Excellency, the Governor, investors to tamp down rampant specu- write and enforce consumer protection Deval L. Patrick, and our seal hereto affixed lation, such as margin requirements standards, the Federal Reserve did at Boston, this fourth day of February in the and the uptick rule on short selling. nothing to combat deteriorating origi- year of our Lord two thousand and ten. For the next 50 years, the United nation standards in mortgage and con- DEVAL L. PATRICK, States experienced relative financial sumer loans. By His Excellency, calm and economic growth, with the Mr. Greenspan signed off on regula- Governor. normal business cycle providing the tions that gave banks the ability to set WILLIAM FRANCIS GALVIN, usual ups and downs, of course. their own capital standards. He allowed Secretary of the Com- The edifices built in the 1930s served banking institutions to leverage exces- monwealth. [State Seal Affixed] us well until the 1980s and the savings sively by gorging on short-term liabil- and loan crisis, which itself was ities and, in some cases, creating off- f brought on by the rollback of rules balance-sheet entities to warehouse ADMINISTRATION OF OATH OF that applied to thrifts. their risky assets. OFFICE Unfortunately, the passage of time, In the wake of Wall Street excess and and even after the shock of the S&L dereliction of duty by its regulators, fi- The VICE PRESIDENT. If the Sen- failures, the ideology of market fun- nancial ruin descended upon our coun- ator-elect will now present himself at damentalism began to sweep across our try. Ultimately, it took extraordinary the desk, the Chair will administer the regulatory environment, erasing the actions—including a multibillion-dol- oath of office. clear lessons of history. lar taxpayer bailout—to prevent us The Senator-elect, escorted by Mr. Those market fundamentalists ar- from falling into the abyss of a second KERRY and Mr. KIRK, respectively, ad- gued that our financial actors could po- Great Depression. We narrowly avoided vanced to the desk of the Vice Presi- lice themselves, that their own self-in- that fate. dent; the oath prescribed by law was terest in remaining financially viable But now, when Congress should be administered to him by the Vice Presi- would create sufficient incentive to do hardest at work rebuilding the edifice dent; and he subscribed to the oath in thorough due diligence, far exceeding that served us so well for decades, we the Official Oath Book. the ability of regulators to limit exces- are not. Instead, we are being lulled The VICE PRESIDENT. Congratula- sive risk by rulemaking. into a false sense of security. tions, Senator. Systematically, these fundamental- Many of Wall Street’s biggest finan- (Applause, Senators rising.) ists worked to dismantle many of the cial institutions, just a few months ago Mr. KAUFMAN. Mr. President, I ask prudential New Deal-era banking re- saved from oblivion by U.S. taxpayers, unanimous consent to speak in morn- forms. Their crowning achievement: have already recovered. In some cases, ing business for up to 30 minutes. the repeal of Glass-Steagall in 1999. they are even making record profits. The PRESIDING OFFICER. Without Wall Street and Washington were Once again, they are back to their old objection, it is so ordered. possessed by this laissez faire ethos tricks, in particular remaining obses- f over the past 20 years. But it was this sively fixated on short-term trading philosophy and the fountainhead of de- profits, with the help of zero percent FINANCIAL AND ECONOMIC cisions that sprang from it that led us loans from the Fed window, to drive REFORM blithely, and perhaps blindly, down the their recovery. Mr. KAUFMAN. Mr. President, since path to our current crisis. In fact, much of the competition was the financial meltdown in 2008, Amer- Even Alan Greenspan, the avatar of killed off in the crisis so that once ica and Congress have remained stuck the deregulatory mindset, has now ad- stronger banks are now stronger still, at a crossroads. Not since the Great mitted this dominant concept of self- allowing them to charge customers Depression of the 1930s have we experi- regulation was ill-conceived. higher transaction fees, from equities enced a financial and economic crisis In a speech just 1 year ago this to bonds to derivatives. of such magnitude that it forces us as month before the Economic Club in Many on Wall Street are engaged in a society and lawmaking body to re- New York, the former Fed Chairman of high-frequency trading strategies

VerDate Nov 24 2008 01:35 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.053 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S474 CONGRESSIONAL RECORD — SENATE February 4, 2010 which, as the Chicago Federal Reserve that proprietary trades were a trivial part of That is why Congress needs a bold branch wrote just this week, pose a the losses at the banks is just not realistic. and clear plan that ends taxpayer bail- systemic risk. This is from a New York University outs for Wall Street and eliminates the Fair and transparent markets are a professor and former Goldman Sachs problem of too big to fail. In my view, cornerstone of American democracy. partner. the core part of that plan must include But institutions on Wall Street are These same critics are now looking three critical features: riven by obvious conflicts of interest, to poke holes in the Volcker proposal— First, we must reimpose the kinds of as banks and nonbanks continue to to put it to death by a thousand cuts. protections we had under Glass- profit, even by taking positions di- They state that proprietary trading Steagall, completely separating tradi- rectly adverse to those of their clients, can’t be distinguished from normal tional commercial banking activities and too big to fail remains a critical market-making activities. They add from the activities of investment problem. that customer money is oftentimes in- banks. Many on Wall Street are telling us it vested alongside some of the firm’s Second, we must impose size and le- is too late to unscramble the egg, that capital in proprietary ventures. Before verage constraints on the nonbank we cannot separate banking and trad- it is even considered in Congress, they players to ensure they never again— ing entities that over the past 10 years found facile arguments to undermine never again—become too big to fail. have become inextricably intertwined. the very spirit of the proposal. These Third, we must address the funda- But the Nation is counting on the Con- critics would leave the decisionmaking mental conflict of interest in modern gress to do what is right. We must re- to the regulators, and I could not dis- investment banking that permits pro- store and preserve the credibility of agree more. We should not leave the prietary trading to come before serving our financial markets. We simply can- decisionmaking to the regulators. customers. not fail to undertake what should be a So while I applaud Chairman I was proud to join Senators CANT- dramatic reformation of our financial Volcker’s direction, I believe we need WELL and MCCAIN in sponsoring a bill regulatory system. to go even further. We cannot pass the that would reimpose Glass-Steagall. By Especially as a depression—which is buck to our regulatory agencies. We statutorily splitting apart massive fi- how today’s economy feels to millions have tried that before. They punted nancial institutions that house both of Americans who lost their jobs, their their responsibilities to the credit rat- banking and securities operations, we homes, their retirement savings—con- ing agencies and to the banks them- will go a long way toward fixing too selves, and we were left with disastrous tinues across this country, we simply big to fail. consequences. cannot squander the time for funda- As important as reimposing the pro- As a recent feature in the Economist mental reform. We can never let a fi- tections of Glass-Steagall, we must stated, the big issue we face is ‘‘not also understand that the financial nancial disaster happen again. how to make regulation cleverer, but So what must we do? Mr. Greenspan world has changed enormously since it how to protect taxpayers from a huge has called for heightened Federal regu- was last in place. An investment bank bill when all the precautions fail and a lation of banks and other financial in- is no longer an advisory business where bank steps into the void.’’ small partnerships jealously guard stitutions. But that is not at all suffi- Congress needs to draw hard lines their capital. Instead, it is dominated cient. that get directly at the structural by highly leveraged behemoths that That is why I was deeply gratified problems that afflict Wall Street and trade for their own account. So while last month when the Obama adminis- our largest banks. We must draw lines Glass-Steagall firewalls protect feder- tration took an important step in that divide financial institutions which ally insured deposits and eliminate the pushing Congress in a stronger direc- are ‘‘too big to fail.’’ And we must draw tion. The President put forward a plan lines that end the conflicts of interest conflicts in combining commercial and that has been suggested by Mr. Green- that literally and inevitably serve to investment banking, it wouldn’t elimi- span’s predecessor at the Fed, Paul corrupt some of our most important fi- nate the possibility of a large, lever- Volcker. It went well beyond Mr. nancial institutions. aged, and interconnected firm such as Greenspan’s call for mere heightened I have been around the Senate for 37 Lehman Brothers from creating havoc regulation. years, and I know laws are usually not in the financial system. Chairman Volcker’s plan would ban written with hard-and-fast lines. Laws For that reason, Congress must take commercial banks from engaging in are a product of legislative com- other prudential steps. We can begin proprietary trading that does not ben- promise, which often means they are with the other concept put forward by efit their clients. In other words, as vague and ambiguous, and we often jus- the Obama-Volcker proposal—placing Mr. Volcker explained, banks should tify our vagueness by saying that the limits on debt. Wall Street banks were stick to banking, providing both credit regulators to whom we grant statutory able to fly too high on borrowed wings to those who need it and an efficient authority are in a better position to by leveraging their threadbare capital global payment system, without which, write the rules and then to apply those base well over 30 times—30 times—al- of course, our worldwide economy can- regulatory rules on a case-by-case lowing a firm such as Lehman Brothers not work. basis. Many times, they are right, but to finance a trillion-dollar balance It is axiomatic to say banks should this is not one of those times. sheet of illiquid trading assets through exist to serve their customers, not as If Congress fails to draw hard lines short-term debt. I repeat, we cannot platforms on which an elite class of that deliver on real systemic reforms, depend upon regulators and their dis- traders make their careers and their regulators cannot be counted upon to cretionary judgments to ensure this mind-boggling bonuses. do what is needed. We need brick and does not happen again. Instead, we Sound advice, Mr. Chairman. mortar, not human judgment, to cleave need a strict limit on the size of invest- Remarkably, some on Wall Street the banks from investment banking ment banks’ liabilities. There is al- and in Washington have been arguing again. We need stone walls, not regu- ready such a limit in place for bank de- that proprietary trading did not cause latory oversight, to prevent institu- posits. No individual bank can hold the crisis, even though the crisis began tional conflict of interests that inevi- more than 10 percent of the size of the on Wall Street with the collapse of a tably bring financial disaster to mil- total national deposits. That deposit Bear Stearns hedge fund, even though lions of Americans. We must create a limit can be applied to nonbank liabil- all of the major firms involved in the system, as the saying goes, of laws and ities such that no investment bank can crisis built up major proprietary posi- not of men. While Congress is by na- have liabilities equal to more than 10 tions in collateralized debt obligations ture a compromiser, we must do better percent of total deposits. With this and other securities. than our usual legislative ambiguity. limit, we can ensure that never again As Professor Roy Smith of New York We must provide those agencies—the will the so-called shadow banking sys- University, a former Goldman Sachs Fed, the SEC, the FDIC, the OCC, the tem eclipse the real banking system. partner, said: CFTC, and others—the statutory clar- Two other problems in the current Those weren’t client-driven trades. They ity and the bright lines they need to crisis were the questionable quality of decided to take them themselves. The idea enforce the law. bank capital and the arbitrary nature

VerDate Nov 24 2008 01:35 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.055 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S475 of regulators’ risk-based capital assess- and it will fall hard on Wall Street, come Tax Credit Awareness Day, a day ments. Lehman Brothers, in fact, had very hard, if we and Wall Street do not to highlight a vital tool for Americans more than double its required capital act together in a realistic and con- working their way out of poverty. only days before it failed, in part due structive spirit first. These are challenging economic times. to a loosening of the definition of cap- Frankly, I am always astounded that The costs of food, housing, transpor- ital and in part due to unrealistic valu- I continue to hear those arguments tation and, basic necessities increase ations of how risky Lehman’s assets about overregulation when, in fact, we while wages stagnate. We know for the actually were. have had precious little regulation, last 10 years, even before this reces- We can eliminate those problems particularly since Glass-Steagall was sion, even in times of relative pros- with a simple statutory leverage re- eliminated a decade ago. perity where profits were up and there quirement that is based upon banks’ Risk taking is a fundamental part of was growth in the economy, most peo- core capital; that is to say, their com- finance. Without risks, markets just do ple’s wages were flat even though costs mon stock plus retained earnings. Such not work. But the balancing act be- went up. Tuition especially, energy a requirement would supplement regu- tween safety on one side and growth costs, health care costs have meant dif- lators’ more highly calibrated risk- and innovation on the other cannot tilt ficult times for a decade; obviously based assessments. In short, it would too far in the wrong direction. If we more acutely difficult now. That is one provide a sorely needed gut check that don’t act, as sure as I am standing of the reasons the earned-income tax ensures regulators don’t miss the for- here, the short-term trading profits on credit, one of the most important tax est for the trees when assessing the Wall Street today threaten to become cuts for our Nation, is so important. capital adequacy of a financial institu- the losses borne by the rest of America The EITC is designed to fill that gap tion. down the road. that so many working families suffer Finally, as many of my colleagues As Chairman Volcker said at the from. It provides millions of Ameri- know, I have focused a lot on the prob- Banking Committee hearing this week, cans, including hundreds of thousands lems associated with conflicts of inter- if we do not heed his warning, the next of Ohioans, from Bellaire to Van Wert, est, including those at banking institu- disaster may not take place in his life- from Ashtabula to Middletown—pro- tions. One of the key problems is that time, but it will come, and his soul will vides hundreds of thousands of Ohioans proprietary trading poses an inherent come back to haunt us all. The Amer- earning low to moderate wages, a po- conflict of interest. Instead of seeking ican people already know this basic tentially lifesaving tax credit. If you the best prices for their clients’ orders, truth, even if Wall Street does not. work and you play by the rules but you brokers can trade against or even in They may not understand the complex- earn low wages, the earned-income tax front of them—a potential profit mo- ities of the banking system, and, in- credit can provide for your children, tive that could disadvantage their cus- deed, only a handful of math Ph.Ds can help you build economic security, help tomer and put them at a conflict of in- follow the complex algorithms that you extend your reach for the Amer- help create much of today’s exorbitant terest with their customer. ican dream. Given that, we need to think criti- trading profits. But people do know According to a recent study, the cally about how we can address the banks are not designed to be trading earned-income tax credit has lifted conflicts inherent in the modern in- machines. They know banks should more children above the poverty line vestment banking model that place the make their money taking deposits and than any government program. The traditional businesses of merger advice lending money, which in turn provides earned-income tax credit, again, is and securities underwriting under the capital for growth, creates jobs, and available for people who have jobs and provides opportunities for more jobs same roof with proprietary trading, get a tax credit as a result of that job. and more growth. You can call it popu- hedge funds, and private equity invest- In 2005, more than 22 million U.S. lism, but you can also call it good-old ments. For example, under this busi- households applied for the earned-in- common sense, borne once again in the ness model, it has become common- come tax credit. They received on aver- lessons of hard economic times brought place for a firm to underwrite securi- age $1,800 a household. An estimated 2.6 about by Wall Street excesses. That ties and then short them—or sell million children were lifted above the common sense needs to be returned to them—within a week to protect them- poverty line because of the earned-in- our national financial system. We must selves. This and other problematic come tax credit. shrink bankers’ outside sense of enti- practices need to be restricted. Chair- This is no handout. This is earned. It tlement and return to a more realistic man Volcker is absolutely right that is the earned-income tax credit because vision of their role in society. Bankers proprietary businesses are not appro- people in lower wage jobs are working are not traders, nor should they be. priate for commercial banks. hard and playing by the rules and More to the point, it is becoming Bankers should be too safe to fail, not doing the right thing. The American clear that we need stronger protections so large that we cannot permit their Recovery and Reinvestment Act has in- against conflicts of interest at invest- failure. creased the earned-income tax credit We must structurally reform the con- ment banks, which play a critical role refund, expanding it to help thousands flicts of interest that threaten to erupt in providing clients with advice on more Ohioans. Approximately 875,000 again in crisis and great financial loss. mergers, equity offerings, and debt of- Ohio families qualify for the earned-in- We must build again the edifices that ferings, as well as in providing liquid- come tax credit, but as much as 20 per- will keep the American economy safe ity and making markets in securities. cent do not take advantage of it. They Of course, there are some who will from financial crisis for decades to do not know about it or they do not claim that all these remedies are too come. We must do it now. Americans know how to apply for it. That is prescriptive; that they constitute too deserve no less. 175,000 working families from Chil- I yield the floor, and I suggest the ab- much regulation. It is too late to un- licothe to Dayton, from Maumee to sence of a quorum. scramble the eggs, they say, so let’s The PRESIDING OFFICER (Mr. Bryan; 175,000 working families in my move on, or let’s leave it to the regu- State have earned the earned-income BURRIS). The clerk will call the roll. lators to develop appropriate rules and The bill clerk proceeded to call the tax credit but they are not receiving it. remain flexible. That is the road to an- roll. There are millions of dollars on the other financial disaster. Mr. BROWN of Ohio. Mr. President, I table, if you will, millions of dollars in If Congress fails to impose the needed ask unanimous consent the order for tax credits for Ohio’s working families. structural and institutional change, the quorum call be rescinded. These are the criteria: If you earned the same systemic risks to our finan- The PRESIDING OFFICER. Without less than $48,000 last year, depending on cial system remain; indeed, they will objection, it is so ordered. the size of your family, you could be el- get worse with each financial crisis be- f igible to receive an earned-income tax cause the Federal safety net gets big- credit of up to about $5,000. Even if ger and bigger. And when the next cri- EARNED-INCOME TAX CREDIT your income is lower than the thresh- sis occurs—and it will—the legislative Mr. BROWN of Ohio. Mr. President, a old for filing taxes, file them anyway pendulum will suddenly shift direction week or so ago we marked Earned-In- to obtain the earned-income tax credit.

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.056 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S476 CONGRESSIONAL RECORD — SENATE February 4, 2010 That is all you have to do. You earned President, and all of my colleagues and ers are with those affected by this trag- it, you absolutely earned it, just ask anyone listening—spread the word edy. As we grieve, may all of us find for it. about the earned-income tax credit. It strength in the courage and compas- I encourage people who are not sure is a bridge out of poverty that serves sion shown by the federal agents dur- to call my office or call the offices of millions of families across Ohio and ing this tremendously difficult time. your Senators or your Congress men across the Nation. Remember, you Mr. ENSIGN. Mr. President, I am and women around the country. earned it. honored to rise today to pay tribute to The Presiding Officer from Illinois f the brave men who literally fought off has been very active in this, and his of- evil on January 4, 2010, at the Lloyd D. fice is available also to make sure in HEROIC ACTIONS OF NEVADA’S George Federal Building in Las Vegas, his State that these families who work FEDERAL AGENTS NV. On that tragic day, an armed as- hard, play by the rules—maybe they Mr. REID. Mr. President, I rise today sailant entered the lobby of the court- are making $20,000 $30,000, $40,000 a with a heavy heart to pay tribute to house with clear objectives, to kill as year; they are struggling—can get sev- the heroic actions of eight Federal many innocent people as he possibly eral thousand dollars tax credit, money agents at the Lloyd D. George Federal could. Court Security Officer Stanley in their pocket as they work to pursue District Courthouse in Las Vegas, NV. Cooper went to work that day with the the American dream. On January 4, 2010, an armed man en- same vision and determination he had We have seen what the earned-in- tered the Lloyd D. George Federal Dis- every day; that was to keep the em- come tax credit can do for working trict Courthouse and opened fire at the ployees and visitors to the Federal families. In Hamilton County, south- Federal agents securing entrance to building safe as they went about their west Ohio, the Cincinnati area, a the building. The Federal agents lives. Tragically, Stan was fatally woman and her three children became fought to ensure the safety of the em- wounded by the gunman as he faith- homeless after she lost her job. But be- ployees, occupants, and visitors of the fully stood his watch at the security cause of her work, the wages she courthouse. On that day, Stanley Coo- check point that morning. earned, she qualified for the earned-in- per gave the ultimate sacrifice. Stanley Cooper was a quiet and come tax credit. Every dime of her Stanley Cooper, 72, was a Court Secu- gentle man who dedicated his life to $2,000 earned-income tax credit went rity Officer at the courthouse. Stanley the service and protection of others. He back into her pocket to help her over- was born in Tulsa, OK, where he began retired after 26 years as an officer with come the daunting economic chal- his career in public service in 1960. the Las Vegas Metropolitan Police De- lenges she faced—$2,000 which went, for After four years, Stanley moved to Las partment and then chose a life of serv- somebody at that income level, so very Vegas, NV, to serve in the Las Vegas ice again as a court security officer. far. Metropolitan Police Department. Stan- Stan will always be remembered as a An elderly couple was grateful they ley retired as a sergeant after 26 years hero, not only because he gave his life qualified for the earned-income tax with the LVMPD. Soon after, he began in that one terrible moment on Janu- credit. They used the $3,700 to cover a work as a court security officer with ary 4 but also because he gave his life tragic occurrence, a grandchild’s fu- the U.S. Marshals Service. He was a every day in the selfless act of serving neral expenses, expenses otherwise be- quiet man whose passion and dedica- others. yond their reach. tion for serving the people of his com- The other court security officers on There are hundreds of thousands of munity was only surmounted by his duty that day, along with members of stories like this across Ohio and across love for his family. Stanley Cooper the U.S. Marshals Service and a deten- our Nation. I encourage Ohioans in died valiantly in the line of duty to tion officer, acted swiftly and bravely Ashtabula and Bellaire and Zainsville protect the lives of those around him. I to subdue the gunman and protect the and Springfield and Xenia who may by offer my most heartfelt condolences to countless innocent lives that were in eligible for the earned-income tax cred- the families, friends, and loved ones of harm’s way. Deputy U.S. Marshal Rich- it to visit the IRS tax site at Stanley Cooper. ard J. ‘‘Joe’’ Gardner was wounded in www.irs.gov or call 1–800–906–9887 and Alongside Stanley Cooper were Dep- the ensuing battle as he and the other find a local Volunteer Income Tax As- uty U.S. Marshal Richard Gardner, officers valiantly fought off the deadly sistance Center. Remember, if you U.S. Marshal Dave Del Berti, Court Se- attack. think you might be eligible for the curity Officer Jack Eklund, Court Se- It is with utmost gratitude that I earned-income tax credit, it is a tax curity Officer Arthur Gennaro, Court take a moment to remember and com- credit that, if you are working and you Security Officer Michael Gerrity III, mend the life of a true hero, Officer are working hard and playing by the Court Security Officer William Sher- Stanley Cooper, and to thank Deputy rules and you are not making a lot of man, and Detention Officer Justin U.S. Marshal Joe Gardner, the court money—not just minimum wage, but if Cord. Richard Gardner, 48, was treated security officers, the U.S. deputy mar- you are not making more than $30,000 and released for injuries he sustained shals, the Las Vegas Metropolitan Po- or $40,000 a year, even up to $48,000 during the shooting. Richard serves as lice Department officers, and all law year—you should call that number or Deputy U.S. Marshal at the Lloyd D. enforcement officers who responded to visit the Web site, irs.gov. The Volun- George Federal District Courthouse. the heinous assault at the Lloyd D. teer Income Tax Assistance Center, or These eight brave men pursued the George Federal Building on January 4, VITA, is a vital and free resource for gunman as he fled across the street to 2010, for their brave and courageous ac- working families where accountants the Historic Fifth Street School, where tions. Stan and the other officers an- and tax experts volunteer their time to he was later subdued. swered the call of duty that day with- help you file your taxes so you can re- Law enforcement personnel put their out concern for themselves or their ceive the EITC. lives at risk every day to protect our own safety. Their sacrifice and courage In Lorain, OH, in my home county, communities, and we should all be will not be forgotten. where President Obama visited just 10 grateful for their sacrifices. On the May God grant Stan’s beloved family days ago, in a program which we began morning of January 4, these eight men and friends peace and comfort in this when I was a Member of Congress, a showed the bravery, sense of duty, and time of loss, and may He continue to couple visited a free tax preparation valor of true heroes. Selflessly, they protect all the men and women in law center after trying to do their taxes on put themselves in harm’s way to sub- enforcement who selflessly serve and their own. They found help; they quali- due the gunman, preventing harm to protect others. fied for the EITC. They received a re- innocent bystanders. f fund of $5,000, which helped replace the I am humbled today to honor these roof of their house which required re- eight men for their extraordinary brav- REMEMBERING ROGELIO DARIAS placement. ery, dedicated service to the citizens of Mr. REID. Mr. President, I rise today To receive EITC, all you have to do is the great State of Nevada, and the he- to mourn the passing of one of Ne- file your taxes. That is it. You earned roic measures they took to save the vada’s finest entertainers, Rogelio it, just ask for it. Spread the word, Mr. lives of others. My thoughts and pray- Darias. Known in Las Vegas and

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.058 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S477 throughout the world as simply the He explains that the deficits Presi- Obama purposes that the federal govern- ‘‘The Bongo King,’’ Rogelio brought dent Obama recommends from 2011 on ment spend over 25 percent of GDP in 2011, smiles to all those within earshot with are entirely his own, driven by vast compared to a historical average of around his rhythmic talents. Mr. Darias passed new spending, and that they are far 20.5 percent. He justifies this as necessary to continue to fight the recession. away on January 20, 2010, at the age of higher than historical deficits. Obama, however, projects that the reces- 93. Robb writes that, even though Presi- sion will be fully over in 2011 and robust Born in Santa Clara, Cuba, Rogelio dent Obama’s budget projects that the growth under way. Yet he proposes that fed- first began his storied career as a per- recession will be over by 2011, he pro- eral spending continue to be nearly 24 per- cussionist in a band with his siblings, poses that Federal spending continue cent of GDP through 2020. Pedro and Diego, at the tender age of at nearly 24 percent of gross domestic In other words, rather than wind down the eight. Their musical group, known as product through 2020, far beyond the additional recession spending after recovery, the ‘‘Hermanos Darias’’ quickly gar- historical average of around 20.5 per- Obama is proposing that it simply become a new, higher base. nered the attention of music producers cent. After the World War II debt was reduced, throughout Cuba, and it was not long He also points out an enormous in- accumulated federal debt never exceeded 50 before young Rogelio was swept away crease in the debt as a share of GDP: percent of GDP until 2009, when it reached 53 to the big city of Havana, where he After the World War II debt was reduced, percent. Under Obama’s recommendations it pursued further his musical career. He accumulated federal debt never exceeded 50 would grow to 77 percent by 2020. soon began working with Havana’s percent of GDP until 2009, when it reached 53 If Obama were to recommend a path to re- most well-known musicians, such as percent. Under Obama’s recommendations it turn spending to its historical share of eco- Maestro Ernesto Lecuona and Chiquito would grow to 77 percent by 2020. nomic output, in 2020 the deficit would be just $255 billion, about what the federal gov- Orefiche, and performing both on the Robb recommends returning spending to its historical average as a means of ernment spends each year on large capital radio station Cadena Azul Chain and at projects, and just 1 percent of GDP. In other the National Theater. getting the deficit under control. words, not a problem. And federal spending Rogelio’s mastery of the his craft be- I ask unanimous consent to have this would have still increased by more than 4 came world famous, and before long he article be printed in the RECORD and percent a year since 2008. was traveling to Europe, Asia, and Af- urge my colleagues to consider the Instead, Obama recommends a 2020 deficit rica, spreading his ‘‘bongo gospel’’ to facts and arguments contained in it. of over $1 trillion and a troubling 4.2 percent people of all races, nationalities, and There being no objection, the mate- of GDP. creeds. Notwithstanding his world-wide rial was ordered to be printed in the Rather than recommend deficit reducing measures himself, Obama wants to turn the RECORD, as follows: fame, Mr. Darias continually sought to job over to a bipartisan commission. Repub- better himself as a musician. He spent [From the Arizona Republic, Feb. 3, 2010] licans suspect a rat, an attempt to get them several months living in the Africa’s OBAMA DEFICITS NOT BUSH’S FAULT to support even larger tax increases than Belgian Congo, where he studied the (By Robert Robb, Columnist) Obama is already proposing. authentic African rhythms created by The Obama administration undoubtedly They are right. Under Obama’s budget, rev- the local indigenous population. Years wants the budget message to be all the good enues are already projected to be 19.6 percent later he also worked alongside Polyne- things it wants to do for the American peo- of GDP, much higher than the historical av- sian musicians in Hawaii, as well as ple, except those who make the mistake of erage. Yet he still proposes trillion dollar deficits. Japanese musicians in Tokyo. His love earning too much money. There’s a second stimulus, rechristened a The problem is spending. Obama wants to of any and all music, and instatiable do too much of it. appetite for knowledge undoubtedly jobs program. Health care reform, reposi- tioned as an attack on the insurance indus- f contributed to Mr. Darias’ seemingly try’s dirty deeds. New middle-class tax endless musical talents and knowledge. breaks. More spending on education. Lots FREE GUN LOCKS By the 1960s, the Bongo King had ar- more spending on infrastructure and clean rived in Las Vegas, one of the world’s energy. Mr. LEVIN. Mr. President, I would foremost performing arts centers. Dur- The budget is intended to position the like to take this opportunity to com- ing his time in Las Vegas, Rogelio es- Democratic Party as the friend of the mid- mend the Wayne County Sheriff’s Of- tablished himself as one of the most dle-class. But the message is blotted out by fice on its newly announced initiative sought-after musical collaborators in all the red ink. to provide gun trigger locks free of Obama likes to depict himself as a deficit the industry. His incredible beats were charge to firearm owners in the Metro victim. He inherited a huge deficit and a Detroit area. Partnering with local re- in high demand by stars such as deep recession. Not his fault. Liberace and Charo, with both of whom Certainly the Republicans during the Bush ligious leaders and Project Child Safe, he toured. Hollywood also came call- years were fiscally irresponsible. But within an organization that provides gun ing, and as a result Rogelio performed historical bounds. The deficits in Obama’s locks to law enforcement agencies, the for both Johnny Carson and Merv Grif- budget are beyond historical bounds and are Sheriff’s Office seeks to reduce the fin and their respective hit shows. his alone. number of firearm-related accidents In spite of his worldwide fame and in- Even with Bush’s tax cuts, federal reve- that occur in the home. nues in 2007 were at the average as a percent- credible accomplishments, Rogelio Every year, far too many children age of GDP, 18.5 percent, going back to 1960. get access to guns in homes across the Darias remained a loyal friend and The deficit was just 1.2 percent of GDP, his- family member to those who knew him torically on the low side. Accumulated fed- United States, often with fatal con- best. His passing has come as a great eral debt was 36 percent of GDP. sequences. According to the Centers for tragedy to all those people who de- Then the recession hit. From 2008 to 2009, Disease Control, in 2006, 154 children pended on him for a laugh and a smile. federal spending increased 18 percent. This and teens died as a result of uninten- Las Vegas lost a monumental enter- was a budget year that straddled the Bush tional shootings, and in 2008, 3,997 chil- tainer in the passing of Rogelio Darias. and Obama presidencies. But the spending dren and teens were injured by a fire- increase was driven by anti-recession meas- The Bongo King will be deeply missed arm unintentionally. It is imperative ures, predominately the Bush stimulus and that gun owners across the country by all of Las Vegas, and countless bailouts. music-lovers throughout the world. Obama supported these measures. In fact, safely store their weapons out of the f his complaint about the Bush stimulus was reach of children to prevent these trag- that it was too small. ic accidents. Safe storage includes BUDGET DEFICITS This raises a question of political ontol- keeping guns unloaded, using trigger Mr. KYL. Mr. President, I rec- ogy: If Obama agreed with Bush, is it still locks, storing guns in a locked, safe ommend to my colleagues a Robert just Bush’s fault? place away from children, and storing Robb column, published in the Arizona The Bush tax cuts expire this year. Except ammunition in a separate, locked Republic, February 3, 2010. for the legacy costs of the Iraq war, Obama place. is free to recommend changing anything In it, Robb points to the massive Bush did. The deficits he recommends from Providing gun owners with trigger deficits in President Obama’s budget 2011 on are purely his own. locks and educating them on gun safe- and argues that the administration has And they are massive, and driven by spend- ty and storage has become even more no grounds on which to pass the blame. ing. important with the recent increase in

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.020 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S478 CONGRESSIONAL RECORD — SENATE February 4, 2010 the number of gun owners, specifically group of friends and friends of friends, dent of that group until the 1990s, by the number of concealed weapon per- people who could be trusted, people which time they had over 60 titles in mit holders. According to Wayne Coun- who represented almost every class and print. Freya served for years on the ty Sheriff Benny Napoleon, there are interest group outside the Nazi party. board of the Co-op supermarket in Han- currently 41,687 concealed weapon per- He spent his evenings in Berlin meet- over, NH, and with friends from the Co- mit holders in Wayne County. There ing with them in small groups, dis- op board she went on to found the Twin were 13,843 permit applications in 2009, cussing what would eventually have to Pines Cooperative Housing Foundation, up from 9,300 in 2008, and so far in 2010, be done to undo the damage to Ger- the first group to try to develop afford- the Sheriff’s Office has seen an average many by the Nazis. Only on a few mem- able housing in that part of Vermont of 61 requests per day. In light of this orable occasions did they all dare to and the first in the State to establish a dramatic increase, we must do every- meet together; Freya and Helmuth in- tenant-owned housing cooperative. thing we can to reduce the risk guns vited the whole group to gather for At 75, after many years in Norwich, pose to children. seemingly innocent weekends in Freya became an American citizen and Commonsense gun safety legislation, Kreisau. There they were able to ham- an active member of the League of such as mandatory child safety locks, mer out together their plans for the Women Voters. At 93 she agreed to could help reduce the number of tragic longed-for day when the Nazi regime speak in Berlin on the 60th anniversary accidents that kill and injure young would finally fall—their plans for a of the failed assassination attempt, but Americans. Again, I applaud the efforts new Germany, a democratic Germany for many years she had spoken in of the Wayne County Sheriff’s Office on embedded in a renewed and democratic Vermont high schools about what she their distribution of free gun trigger Europe. Freya not only participated in and her husband and their friends had locks to gun owners in the Metro De- the discussions; she also took care of done and the need for courage in the troit community. everyone’s room and board. face of injustice in any society. Stu- f Early in 1944, Helmuth was impris- dents from one school she visited for oned for warning an acquaintance of years sent flowers to her funeral. REMEMBERING FREYA VON his imminent arrest. In July of that It is no simple feat for a foreigner to MOLTKE year, many of his friends participated become accepted as a ‘‘natural’’ part of Mr. LEAHY. Mr. President, I rise to in an attempt to assassinate Hitler. It a small town in northern New England, speak in memory of Freya von Moltke, failed, and many of them lost their but Freya did it. In 1985, the owner of an extraordinary woman and long-time lives immediately. In the aftermath, Dan & Whit’s general store in Norwich resident of Norwich, VT, who passed the Gestapo began to uncover the con- ran into her in the post office. He re- away this January 1 at the age of 98. nections leading from one resistance acted to the flood of unfamiliar faces In 1929, at the age of 18, Freya met group to another, including the one by telling her, ‘‘Let them come. We the young lawyer Helmuth von Moltke, they called the ‘‘Kreisau Circle.’’ Most were here first.’’ His gallant inclusion and 2 years later she married him. of the surviving members of the group of her as a ‘‘native’’ after only 25 years Freya earned her own law degree in soon joined Helmuth in prison. Most in town moved Freya deeply. Her own 1935 but never practiced; law had al- were tried before the infamous People’s hospitality is reflected in the sign she ready begun to lose its meaning as Hit- Court, convicted, and sentenced to tacked to her unlocked kitchen door at ler and the Nazi party tightened their death. Helmuth himself was executed the age of 90: ‘‘To Everybody! Please, grip on power. It was for the same rea- in January of 1945. walk in! Push hard. Find me upstairs if son that Helmuth gave up his dreams Between her trips to Berlin to make I don’t respond.’’ of becoming a judge and of working appeals for Helmuth’s life, Freya took Freya was firm in her belief that the closer to the family estate in Kreisau, in a growing group of their friends’ territory Germany had lost, the land in Silesia, now a part of Poland. In- widows and children at Kreisau. In the her family had lost, was the price Ger- stead, he opened a small law office in face of the Soviet advance, she moved many had to pay for the crimes of the Berlin, where he could remain inde- them all into nearby Czechoslovakia, Nazi regime. But she had hopes for pendent of the regime without drawing only to find that it was safer to move what had been the family estate. In attention to himself. He and Freya di- them home again. Through the inter- 1988, a group of young people in East vided their time between the family es- vention of British friends, she and her Germany had the idea of making the tate and his apartment in Berlin. children at last managed to leave former von Moltke estate a place where In the last years before the war, they Kreisau for Berlin, but they soon left people from divided Europe could meet traveled to South Africa to visit Germany for South Africa, where and get to know each other; they found Helmuth’s mother’s parents in South Freya made her living as a social work- friends in Poland, but also in West Ger- Africa. On those trips they spoke open- er. many, in Holland and the United ly of what the Nazi regime was capable In 1956, unable to tolerate apartheid States. Only a year later, a friend of of, and were constantly urged not to any longer, Freya returned to Ger- their Polish friends became the prime return to Germany. But they felt re- many. In Berlin she began her work to minister of Poland and invited the sponsible, for their broader family, the keep the memory of the German resist- chancellor of Germany to meet him for estate, and Germany’s fate; they felt ance to Hitler alive; she also began to a mass of reconciliation in Kreisau. they had no choice but to return. transcribe Helmuth’s letters, which, The two men agreed to fund the res- Helmuth’s work as an attorney came along with the minutes of the Kreisau toration of Kreisau, now called to an end at the outbreak of the war in Circle’s meetings, she had hidden from Kryzowa. The German chancellor had 1939, when he was drafted into the Ger- the Gestapo in the beehives on the es- invited Freya to accompany him, but man army’s intelligence service. Freya tate. She published Helmuth’s final let- she said she would wait until the Poles settled into overseeing the farm in ters from prison very soon after the invited her, which they soon did. In her Kreisau in his absence, and the flood of end of the war. In 1988, many of the final years, she lent her name and her letters between them began. Helmuth thousands of letters he had written her blessing to a foundation to support the came home whenever he could. They between the summer of 1939 and his new Kreisau, which with support from welcomed their first son Helmuth death appeared in Englishas ‘‘Letters the German and Polish governments Caspar, in 1937 and their second, to Freya.’’ has grown in 20 years from the dream Konrad, in 1941. It was in September of 1960 that of a few young people to an inter- It was clear to the von Moltkes from Freya moved to Norwich, VT. She national meeting place that hosts the beginning that the Nazi regime was moved to Norwich to join her close about 100 events a year, attended by criminal, but moving from opposition friend—and her husband’s—Eugen some 10,000 young people from all over to active resistance was a giant step. Rosenstock-Huessy, whose wife had Europe. When Helmuth told Freya that he died the year before. Freya lived with Freya von Moltke was an inspiration knew he had to do what he could to re- him until his death in 1973, and after to all who knew her. She was a wonder- sist, she gave him her complete sup- his death she founded a nonprofit to ful friend and neighbor, and she en- port. Slowly Helmuth gathered a loose keep his books in print; she was presi- riched the lives of countless citizens of

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.015 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S479 our State. She lived a long and fruitful Peggy Clayton Chapman as the 2009 The Drew Central Educator of the life; she will be missed by admirers Man and Woman of the Year, as named Year is Cindy Flemister, a second around the world, but most of all by by the Dumas Chamber of Commerce. grade teacher at Drew Central Elemen- the Vermonters who knew and loved I was pleased to be on-hand as Curtis tary School. According to her cowork- her. and Peggy were recognized last month ers, Cindy was chosen for her ‘‘extraor- f during the Annual Dumas Chamber of dinary kindness, open-mindedness, tol- Commerce Banquet. I have felt a long erance, and patience as she works with TRIBUTE TO MIKLOS HARASZTI kinship to Dumas, and I am grateful students or visits with parents.’’ Mr. CARDIN. Mr. President, in my for the friendships I have made there. The Monticello School District’s Ed- capacity as Chairman of the Commis- Dumas is a community with a great ucator of the Year is Wanda Jackson, a sion on Security and Cooperation in spirit of volunteerism and caring. Mr. third grade teacher at Monticello Ele- Europe, I am pleased to commend President, we should all embrace the mentary School. According to her fel- Miklos Haraszti, the OSCE Representa- spirit of service and volunteerism on low teachers, Wanda believes that all tive on Freedom of the Media, for his display by these deserving individuals. students are capable of learning and years of dedicated service in the cause I send my heartfelt congratulations to achieving. They say her dedication to of advancing freedom of expression and both Curtis and Peggy.∑ student success is evident from the mo- media. An accomplished writer and ment you enter her classroom, where journalist as well as a courageous f she provides lessons and activities tai- human rights activist in his native TRIBUTE TO THE JASON SMITH lored to meet the specific needs of her Hungary for decades prior to the end of FAMILY students. the Cold War, he was elected to par- ∑ Mrs. LINCOLN. Mr. President, today As a mother of twin boys and as an liament in the early 1990s. Since his ap- I congratulate the Jason Smith family aunt with many nieces and nephews, I pointment to his current position in for being named the Desha County know firsthand that no child is alike. 2004, Mr. Haraszti has been an out- Farm Family of the Year for 2009. They each have unique personality spoken champion for beleaguered jour- I have felt a long kinship with Desha nalists throughout the OSCE region. traits and different abilities. They also County, and I am grateful for the Mr. Haraszti’s periodic reports have have their own learning habits and in- proven invaluable in tracking trends friendships I have made there. terests. I have heard from many Ar- regarding laws, policies and practices As a seventh-generation Arkansan kansas teachers, administrators, par- governing freedom of expression and and farmer’s daughter and as chairman ents, and students who have expressed media in the participating states. He of the Senate Agriculture Committee, I the same view. has been vigilant in monitoring and re- understand firsthand and appreciate There is no issue more intricately porting on issues arising from the the hard work and contributions of our connected to the future prosperity of adoption of ‘‘extremism’’ laws in a farm families. Agriculture is the back- our Nation than the quality of our growing number of OSCE countries. bone of Arkansas’s economy, creating schools. I am proud to see our Arkan- The Representative on Freedom of the more than 270,000 jobs in the State and sas educators, especially those in Mon- Media has likewise been a strong voice providing $9.1 billion in wages and sala- ticello, offer every child the chance to in calling for decriminalization of defa- ries. In total, agriculture contributes achieve his or her full potential.∑ mation and a critic of attempts by roughly $15.9 billion to the Arkansas f economy each year. some regimes to restrict the Internet RECOGNIZING HOT SPRINGS and new media technologies. Most im- Our farm families are critical to our ARKANSAS portantly, he has responded to specific Nation’s economic stability. We must urgent situations and cases, including work to continue the farm family tra- ∑ Mrs. LINCOLN. Mr. President, today instances involving the harassment, dition, so families such as the Smith I wish to honor the town of Hot Springs physical attacks, and even murder of family are able to maintain their live- in my home State of Arkansas. Hot journalists. He has never shied away lihoods and continue to help provide Springs was recently voted the ‘‘Best from naming names, he has never the safe, abundant, and affordable food Attraction in Arkansas’’ by the readers played favorites, and he has been a supply that feeds our own country and of Southern Living magazine, one of voice for those whom governments the world and that is essential to our the largest lifestyle magazines in the would like to silence. own economic stability. country. Next month Mr. Haraszti will con- I salute the Smiths and all Arkansas I have always felt a close connection clude his service as the OSCE Rep- farm families for their hard work and to the community of Hot Springs. I resentative on Freedom of the Media. dedication.∑ have many fond memories of the trips You can write a great mandate for a f to Hot Springs that my parents took high-level official, but if you don’t ap- me and my siblings on when we were point the right person to the job, you RECOGNIZING MONTICELLO’S young. Exploring the downtown shops, won’t get results. Mr. Haraszti has EDUCATORS restaurants, and National Park bath- been the right person for the right job ∑ Mrs. LINCOLN. Mr. President, today houses was always exciting. We also and we have been very fortunate that I recognize Monticello’s Educators of spent untold hours on the area lakes he has given 6 years to serve the great- the Year: Dr. Juan Serna, assistant boating, swimming, and fishing. I am er good in the OSCE region. professor of physics at the University pleased that I am able to continue ex- The OSCE participating States will of Arkansas at Monticello; Cindy periencing those wonderful memories be hard pressed to find an individual to Flemister, a second grade teacher at with my own children, who I know will match his professionalism, passion, and Drew Central Elementary School; and someday look back on their childhood integrity. I join my colleagues at the Wanda Jackson, a third grade teacher days spent in Hot Springs, as I have, as Helsinki Commission in expressing our at Monticello Elementary School. some of the most happy times of their deep appreciation to Miklos Haraszti, a These educators represent the best of lives. tireless advocate for freedom of expres- our Arkansas educational system, and In 1832, Congress set aside the nat- sion and media, for his service and we I am pleased to see them receive these ural hot springs site as a Federal res- wish him the best in his future pur- recognitions. ervation, making Hot Springs National suits. The University of Arkansas at Monti- Park America’s ‘‘first resort.’’ Hot f cello selected Dr. Juan Serna, an as- Springs provides opportunities for ADDITIONAL STATEMENTS sistant professor of physics, as its edu- camping, fishing, hiking, and boating cator teacher of the year. Serna, who is on its lakes and in its forests. Hot responsible for the pre-engineering pro- Springs is also known for its vibrant TRIBUTE TO CURTIS STEWART gram at UAM, completed his Ph.D. at arts community, with a variety of art AND PEGGY CLAYTON CHAPMAN the University of Arkansas in 2005. His galleries and antique shops, along with ∑ Mrs. LINCOLN. Mr. President, today research interests are in mathematical the nationally recognized Hot Springs I congratulate Curtis Stewart and physics and quantum optics. Documentary Film Festival and Hot

VerDate Nov 24 2008 04:23 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.012 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S480 CONGRESSIONAL RECORD — SENATE February 4, 2010 Springs Music Festival. Hot Springs is to manufacture larger products. Addi- Federal and State government and citi- also home to Oaklawn Park, which of- tionally, the company hopes to expand zens worldwide recognize the value of fers thoroughbred racing each, spring even more in the coming years to be- the underwater operations industry to and simulcast racing throughout the come a recognized leader in its indus- the continued progress of humanity. year. try. Thus, today, I am proud to applaud I salute the residents of Hot Springs Because the recession has hit small such an important industry, and thank for their efforts to maintain the herit- businesses the hardest, it is all the them for their contributions to the age, beauty, and history of their com- more impressive that Maine Manufac- State of Louisiana, our Nation, and the munity. I join all Arkansans to express turing has made such tremendous rest of the world.∑ my pride in this jewel of Arkansas.∑ strides in growing, expanding, and hir- f ing over the past year. These firms em- f MESSAGES FROM THE PRESIDENT ploy just over half of all employees in RECOGNIZING MAINE the private sector, and Maine Manufac- Messages from the President of the MANUFACTURING LLC turing has provided them with a model United States were communicated to ∑ Ms. SNOWE. Mr. President, manufac- for successful job growth in coming the Senate by Mr. Pate, one of his sec- turers across the country have been hit years, which will be essential to the re- retaries. hard in this current downturn. In fact, vitalization of the American economy. f the manufacturing sector has lost 2.1 I am grateful for the actions of Craig EXECUTIVE MESSAGES REFERRED million jobs since the beginning of the Cunningham and William Emhiser to recession in December 2007—roughly 15 create necessary jobs for Maine work- As in executive session the Presiding percent of its total employment. That ers, and I look forward to hearing fu- Officer laid before the Senate messages is why it is heartening to see that a ture good news about their impressive from the President of the United small manufacturing company in my company.∑ States submitting sundry nominations home State of Maine is hiring new em- which were referred to the appropriate f ployees and seeking to grow its product committees. line. Today I recognize this firm, RECOGNIZING THE UNDERWATER (The nominations received today are Maine Manufacturing LLC in Sanford, OPERATIONS INDUSTRY printed at the end of the Senate pro- for the tremendous work it is doing to ∑ Mr. VITTER. Mr. President, today I ceedings.) hasten an economic recovery in the re- wish to honor the underwater oper- f gion by putting people back to work. ations industry, especially the Marine MESSAGES FROM THE HOUSE Maine Manufacturing, which special- Technology Society and the Associa- izes in the production of several dispos- tion of Diving Contractors Inter- At 12:03 p.m., a message from the able laboratory supplies like filters and national. House of Representatives, delivered by centrifuge tubes frequently used in re- The Marine Technology Society was Ms. Niland, one of its reading clerks, search and university labs as well as founded in 1963. Throughout its 40-plus announced that the House has passed pharmaceutical and biotech companies, years of existence, it has stayed true to the following bills, in which it requests was founded in 2008 by Craig its guiding purpose: ‘‘to promote a concurrence of the Senate: Cunningham, who formerly served as awareness, understanding, advance- H.R. 2843. An act to provide for the joint the director of engineering for ment and application of marine tech- appointment of the Architect of the Capitol Whatman Inc.’s Sanford plant. nology.’’ Founded in 1968 the Associa- by the Speaker of the House of Representa- Whatman, a British laboratory equip- tion of Diving Contractors played an tives, the President pro tempore of the Sen- ate, the majority and minority leaders of the ment maker that is now part of GE essential role in creating the first safe- House of Representatives and Senate, the Healthcare, announced in September ty standards for commercial divers. chair and ranking minority member of the 2008 that it would be shutting its San- The association today has member Committee on House Administration of the ford plant over the course of the next companies hailing from 41 different na- House of Representatives, the chair and year, leaving over 200 employees with- tions all pledging to abide by the ADCI ranking minority member of the Committee out work. Seeking to mitigate the neg- Consensus Standards for Commercial on Transportation and Infrastructure of the ative effects in the local community, Diving Operations. House of Representatives, the chair and Mr. Cunningham and his colleague, The commercial underwater industry ranking minority member of the Committee on Rules and Administration of the Senate, William Emhiser, requested that GE encompasses the support of deep sea the chairs and ranking minority members of Healthcare operate the plant until divers, ROV operators, technical sup- the Committees on Appropriations of the early 2010 and keep roughly 70 employ- port, retail dealers, the shipping indus- House of Representatives and Senate, and for ees until that time, allowing Maine try, the energy industry, universities, other purposes. Manufacturing to fully take over the research facilities, equipment manu- H.R. 4495. An act to designate the facility facility. GE Healthcare agreed, and on facturers, families, and a support sys- of the United States Postal Service located January 4, 2010 Maine Manufacturing tem that extends to all avenues of the at 100 North Taylor Lane in Patagonia, Ari- took over six product lines from the labor market. This diverse community zona, as the ‘‘Jim Kolbe Post Office’’. company. and unique segment of industry work At 4:36 p.m., a message from the Mr. Cunningham’s company started tirelessly toward maintaining and sup- House of Representatives, delivered by very small, with three full-time em- porting safe underwater operations Mrs. Cole, one of its reading clerks, an- ployees and four part-time workers throughout the world. The commercial nounced that the House agrees to the just a year ago. To grow his business, underwater industry affects the devel- amendment of the Senate to the joint Mr. Cunningham applied for and re- opment of dams, bridges, oil platforms, resolution (H.J. Res. 45) increasing the ceived a $100,000 community develop- pipelines, underwater, geological re- statutory limit on the public debt. ment block grant, which provided search, outer space, and even the enter- ENROLLED BILL AND JOINT RESOLUTION SIGNED working capital to the company and af- tainment industry. At 5:36 p.m., a message from the forded his business the opportunity to The industry is especially vital to House of Representatives, delivered by purchase critical new equipment. The Louisiana. From our seafood industry Mrs. Cole, one of its reading clerks, an- grant also allowed Maine Manufac- to one of the Nation’s largest provider nounced that the Speaker has signed turing to create 12 new jobs. To further of offshore energy, our waterways and the following enrolled bill and joint increase its workforce, the company re- shorelines are of great importance to resolution: cently offered jobs to 66 employees who our economy. Underwater operations previously worked at GE Healthcare. allow these industries to run smoothly. H.R. 730. An act to strengthen efforts in While creating quality jobs for Underwater operations conducted the Department of Homeland Security to de- velop nuclear forensics capabilities to permit Mainers, Maine Manufacturing is si- from the deepest seas to inland water- attribution of the source of nuclear material, multaneously becoming a major sup- ways throughout the world are a vital and for other purposes. plier to GE Healthcare, producing fil- component in ongoing industrial devel- H.J. Res. 45. Joint resolution increasing ters and other parts the company uses opment globally. It is important that the statutory limit on the public debt.

VerDate Nov 24 2008 02:27 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.010 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S481 MEASURES REFERRED By Mr. HARKIN for the Committee on process for one year with respect to the caps Health, Education, Labor, and Pensions. on payments for therapy services under the The following bills were read the first Kathleen S. Tighe, of Virginia, to be In- Medicare program; to the Committee on Fi- and the second times by unanimous spector General, Department of Education. nance. consent, and referred as indicated: *Irvin M. Mayfield, Jr., of Louisiana, to be By Mr. ENSIGN: H.R. 2843. An act to provide for the joint a Member of the National Council on the S. 2988. A bill to amend title XVIII of the appointment of the Architect of the Capitol Arts for a term expiring September 3, 2014. Social Security Act to extend the exceptions by the Speaker of the House of Representa- *Cynthia L. Attwood, of Virginia, to be a process for two years with respect to caps on tives, the President pro tempore of the Sen- Member of the Occupational Safety and payments for therapy services under the ate, the majority and minority leaders of the Health Review Commission for a term expir- Medicare program; to the Committee on Fi- House of Representatives and Senate, the ing April 27, 2013. nance. chair and ranking minority member of the *Craig Becker, of Illinois, to be a Member By Ms. LANDRIEU (for herself and Ms. Committee on House Administration of the of the National Labor Relations Board for SNOWE): House of Representatives, the chair and the term of five years expiring December 16, S. 2989. A bill to improve the Small Busi- ranking minority member of the Committee 2014. ness Act, and for other purposes; to the Com- on Transportation and Infrastructure of the By Mr. LEAHY for the Committee on the mittee on Small Business and Entrepreneur- House of Representatives, the chair and Judiciary. ship. ranking minority member of the Committee Louis B. Butler, Jr., of Wisconsin, to be By Mr. DeMINT (for himself, Mr. on Rules and Administration of the Senate, United States District Judge for the Western GRAHAM, Mr. COBURN, Mr. MCCAIN, the chairs and ranking minority members of District of Wisconsin. Mr. LEMIEUX, Mr. BURR, Mr. CRAPO, the Committees on Appropriations of the Edward Milton Chen, of California, to be Mr. RISCH, Mr. CHAMBLISS, Mr. House of Representatives and Senate, and United States District Judge for the North- CORNYN, Mr. ENSIGN, Mr. JOHANNS, two other designated members of the Senate, ern District of California. Mrs. MCCASKILL, Mr. KYL, Mr. and for other purposes; to the Committee on Mary L. Smith, of Illinois, to be an Assist- GRASSLEY, and Mr. SESSIONS): Rules and Administration. ant Attorney General. S. 2990. A bill to establish an earmark mor- H.R. 4495. An act to designate the facility Christopher H. Schroeder, of North Caro- atorium for fiscal years 2010 and 2011; to the of the United States Postal Service located lina, to be an Assistant Attorney General. Committee on Rules and Administration. at 100 North Taylor Lane in Patagonia, Ari- *Nomination was reported with rec- By Mrs. McCASKILL (for herself and zona, as the ‘‘Jim Kolbe Post Office’’; to the ommendation that it be confirmed sub- Ms. COLLINS): S. 2991. A bill to amend title 31, United Committee on Homeland Security and Gov- ject to the nominee’s commitment to ernmental Affairs. States Code, to enhance the oversight au- respond to requests to appear and tes- thorities of the Comptroller General, and for f tify before any duly constituted com- other purposes; to the Committee on Home- mittee of the Senate. land Security and Governmental Affairs. REPORTS OF COMMITTEES (Nominations without an asterisk By Mr. LAUTENBERG (for himself and The following reports of committees were reported with the recommenda- Mr. MENENDEZ): were submitted: tion that they be confirmed.) S. 2992. A bill to amend the Internal Rev- enue Code of 1986 to eliminate the drawback By Mr. ROCKEFELLER, from the Com- f fee on the manufacture or production of cer- mittee on Commerce, Science, and Transpor- tain distilled spirits used in nonbeverage tation, with an amendment in the nature of INTRODUCTION OF BILLS AND products; to the Committee on Finance. a substitute: JOINT RESOLUTIONS By Mr. SANDERS (for himself, Mr. S. 850. A bill to amend the High Seas WHITEHOUSE, Mr. CARDIN, Mrs. Driftnet Fishing Moratorium Protection Act The following bills and joint resolu- GILLIBRAND, Mr. MERKLEY, Mr. LAU- and the Magnuson-Stevens Fishery Con- tions were introduced, read the first TENBERG, Mr. LEAHY, Mrs. BOXER, Mr. servation and Management Act to improve and second times by unanimous con- MENENDEZ, and Mr. SPECTER): the conservation of sharks (Rept. No. 111– sent, and referred as indicated: S. 2993. A bill to increase the quantity of 124). By Mr. KERRY (for himself, Mrs. solar photovoltaic electricity by providing S. 952. A bill to develop and promote a BOXER, Ms. SNOWE, and Ms. COLLINS): rebates for the purchase and installation of comprehensive plan for a national strategy S. 2982. A bill to combat international vio- an additional 10,000,000 solar roofs and addi- to address harmful algal blooms and hypoxia lence against women and girls; to the Com- tional solar water heating systems with a through baseline research, forecasting and mittee on Foreign Relations. cumulative capacity of 10,000,000 gallons by monitoring, and mitigation and control By Mr. SCHUMER (for himself and Mr. 2019; to the Committee on Energy and Nat- while helping communities detect, control, HATCH): ural Resources. and mitigate coastal and Great Lakes harm- S. 2983. A bill to amend the Internal Rev- By Mrs. BOXER (for herself and Mr. ful algal blooms and hypoxia events (Rept. enue Code of 1986 to provide an exemption WEBB): No. 111–125). from employer social security taxes with re- S. 2994. A bill to amend the Internal Rev- f spect to previously unemployed individuals, enue Code of 1986 to impose an excise tax on and to provide a credit for the retention of excessive 2009 bonuses received from certain EXECUTIVE REPORTS OF such individuals for at least 1 year; to the major recipients of Federal emergency eco- COMMITTEES Committee on Finance. nomic assistance, to limit the deduction al- The following executive reports of By Ms. LANDRIEU (for herself and Mr. lowable for such bonuses, and for other pur- VITTER): nominations were submitted: poses; to the Committee on Finance. S. 2984. A bill to direct the Secretary of By Mr. CARPER (for himself, Mr. AL- By Mr. DODD for the Committee on Bank- Health and Human Services to revise regula- EXANDER, Ms. KLOBUCHAR, Ms. COL- ing, Housing, and Urban Affairs. tions implementing the statutory reporting LINS, Mrs. FEINSTEIN, Mr. GREGG, *Sharon Y. Bowen, of New York, to be a Di- and auditing requirements for the Medicaid Mrs. SHAHEEN, Mr. GRAHAM, Mr. rector of the Securities Investor Protection disproportionate share hospital (‘‘DSH’’) KAUFMAN, Mr. SCHUMER, Mr. Corporation for a term expiring December 31, payment program to be consistent with the LIEBERMAN, and Ms. SNOWE): 2012. scope of the statutory provisions and avoid S. 2995. A bill to amend the Clean Air Act *Orlan Johnson, of Maryland, to be a Di- substantive changes to preexisting DSH pol- to establish a national uniform multiple air rector of the Securities Investor Protection icy; to the Committee on Finance. pollutant regulatory program for the electric Corporation for a term expiring December 31, By Mr. PRYOR: generating sector; to the Committee on En- 2011. S. 2985. A bill to amend the Internal Rev- vironment and Public Works. *Douglas A. Criscitello, of Virginia, to be enue Code of 1986 to establish a new Small By Ms. COLLINS (for herself, Mr. Chief Financial Officer, Department of Hous- Business Startup Savings Account; to the PRYOR, Mr. VOINOVICH, and Ms. ing and Urban Development. Committee on Finance. LANDRIEU): *Theodore W. Tozer, of Ohio, to be Presi- By Ms. LANDRIEU: S. 2996. A bill to extend the chemical facil- dent, Government National Mortgage Asso- S. 2986. A bill to authorize the Adminis- ity security program of the Department of ciation. trator of the Small Business Administration Homeland Security, and for other purposes; *David W. Mills, of Virginia, to be an As- to waive interest for certain loans relating to the Committee on Homeland Security and sistant Secretary of Commerce. to damage caused by Hurricane Katrina, Governmental Affairs. *Suresh Kumar, of New Jersey, to be As- Hurricane Rita, Hurricane Gustav, or Hurri- By Mr. WICKER: sistant Secretary of Commerce and Director cane Ike; to the Committee on Small Busi- S. 2997. A bill to amend title XVIII of the General of the United States and Foreign ness and Entrepreneurship. Social Security Act to provide for the update Commercial Service. By Mr. ENSIGN: under the Medicare physician fee schedule *Kevin Wolf, of Virginia, to be an Assistant S. 2987. A bill to amend title XVIII of the for years beginning with 2010 and to sunset Secretary of Commerce. Social Security Act to extend the exceptions the application of the sustainable growth

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.017 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S482 CONGRESSIONAL RECORD — SENATE February 4, 2010 rate formula, and for other purposes; to the SUBMISSION OF CONCURRENT AND (Ms. KLOBUCHAR) was added as a co- Committee on Finance. SENATE RESOLUTIONS sponsor of S. 538, a bill to increase the By Mrs. GILLIBRAND (for herself and recruitment and retention of school Mr. MENENDEZ): The following concurrent resolutions S. 2998. A bill to temporarily expand the V and Senate resolutions were read, and counselors, school social workers, and nonimmigrant visa category to include Hai- referred (or acted upon), as indicated: school psychologists by low-income local educational agencies. tians whose petition for a family-sponsored By Ms. KLOBUCHAR: immigrant visa was approved on or before S. Res. 407. A resolution congratulating the S. 557 January 12, 2010; to the Committee on the Concordia University-St. Paul volleyball At the request of Mr. KOHL, the name Judiciary. team on winning their third consecutive of the Senator from Wisconsin (Mr. By Mr. UDALL of Colorado: NCAA Division II Women’s Volleyball Na- FEINGOLD) was added as a cosponsor of S. 2999. A bill to provide consistent en- tional Championship; to the Committee on forcement authority to the Bureau of Land S. 557, a bill to encourage, enhance, and the Judiciary. Management, the National Park Service, the integrate Silver Alert plans through- United States Fish and Wildlife Service, and By Ms. SNOWE (for herself, Mrs. MUR- out the United States, to authorize the Forest Service to respond to violations RAY, Ms. MIKULSKI, and Mr. BINGA- grants for the assistance of organiza- of regulations regarding the management, MAN): tions to find missing adults, and for S. Res. 408. A resolution designating Feb- use, and protection of public lands under the other purposes. jurisdiction of these agencies, and for other ruary 3, 2010, as ‘‘National Women and Girls S. 570 purposes; to the Committee on Energy and in Sports Day’’; to the Committee on the Ju- Natural Resources. diciary. At the request of Mr. VITTER, the By Mr. ROCKEFELLER (for himself, By Mr. FEINGOLD (for himself, Mr. names of the Senator from South Da- Mr. REID, Mr. KERRY, Mr. HARKIN, COBURN, Mr. CARDIN, and Ms. COL- kota (Mr. THUNE) and the Senator from Mr. FRANKEN, Mr. BROWN, Mr. LINS): Mississippi (Mr. WICKER) were added as S. Res. 409. A resolution calling on mem- BEGICH, Mr. LEVIN, Mr. DURBIN, Mrs. cosponsors of S. 570, a bill to stimulate GILLIBRAND, Mr. REED, Mr. DODD, Mr. bers of the Parliament in Uganda to reject the proposed ‘‘Anti-Homosexuality Bill’’, and the economy and create jobs at no cost WHITEHOUSE, Mr. LEAHY, Mr. KIRK, to the taxpayers, and without bor- Ms. STABENOW, Mr. CASEY, Mr. for other purposes; to the Committee on For- eign Relations. rowing money from foreign govern- AKAKA, Mr. BURRIS, Mrs. BOXER, Mr. ments for which our children and SCHUMER, Mr. MENENDEZ, Mr. LAU- By Mr. BAYH (for himself and Mr. UGAR TENBERG, Mr. JOHNSON, Ms. MIKULSKI, L ): grandchildren will be responsible, and S. Res. 410. A resolution supporting and Mrs. MURRAY, Mr. KAUFMAN, Mr. for other purposes. recognizing the goals and ideals of ‘‘RV Cen- WYDEN, Mr. BINGAMAN, Mr. SPECTER, S. 593 tennial Celebration Month’’ to commemo- Mr. CARDIN, Mr. MERKLEY, Ms. CANT- At the request of Mrs. FEINSTEIN, the rate 100 years of enjoyment of recreation ve- WELL, and Mrs. SHAHEEN): name of the Senator from South Da- S. 3000. A bill to extend the increase in the hicles in the United States; to the Com- mittee on the Judiciary. kota (Mr. JOHNSON) was added as a co- FMAP provided in the American Recovery sponsor of S. 593, a bill to ban the use and Reinvestment Act of 2009 for an addi- f tional 6 months; to the Committee on Fi- of bisphenol A in food containers, and nance. ADDITIONAL COSPONSORS for other purposes. By Mr. WARNER: S. 144 S. 633 S. 3001. A bill to require the Secretary of At the request of Mr. KERRY, the At the request of Mr. TESTER, the Commerce to establish a loan program to as- name of the Senator from Michigan sist in the locating of information tech- names of the Senator from Virginia (Ms. STABENOW) was added as a cospon- nology and manufacturing jobs in the United (Mr. WEBB) and the Senator from New States, and for other purposes; to the Com- York (Mrs. GILLIBRAND) were added as sor of S. 633, a bill to establish a pro- mittee on Environment and Public Works. cosponsors of S. 144, a bill to amend the gram for tribal colleges and univer- By Mr. McCAIN (for himself and Mr. Internal Revenue Code of 1986 to re- sities within the Department of Health DORGAN): move cell phones from listed property and Human Services and to amend the S. 3002. A bill to amend the Federal Food, under section 280F. Native American Programs Act of 1974 Drug, and Cosmetic Act to more effectively to authorize the provision of grants S. 332 regulate dietary supplements that may pose and cooperative agreements to tribal At the request of Mrs. FEINSTEIN, the safety risks unknown to consumers; to the colleges and universities, and for other Committee on Health, Education, Labor, and names of the Senator from Illinois (Mr. purposes. Pensions. BURRIS) and the Senator from Colorado S. 727 By Mr. DODD: (Mr. BENNET) were added as cosponsors S. 3003. A bill to enhance Federal efforts fo- At the request of Ms. LANDRIEU, the cused on public awareness and education of S. 332, a bill to establish a com- prehensive interagency response to re- name of the Senator from Massachu- about the risks and dangers associated with setts (Mr. KIRK) was added as a cospon- duce lung cancer mortality in a timely Shaken Baby Syndrome; to the Committee sor of S. 727, a bill to amend title 18, on Health, Education, Labor, and Pensions. manner. United States Code, to prohibit certain By Mr. BROWN: S. 405 S. 3004. A bill to require notification to and conduct relating to the use of horses At the request of Mr. LEAHY, the prior approval by shareholders of certain po- for human consumption. name of the Senator from New Mexico litical expenditures by publicly traded com- S. 841 (Mr. BINGAMAN) was added as a cospon- panies, and for other purposes; to the Com- At the request of Mr. KERRY, the mittee on Banking, Housing, and Urban Af- sor of S. 405, a bill to amend the Inter- names of the Senator from Colorado fairs. nal Revenue Code of 1986 to provide (Mr. BENNET) and the Senator from By Mr. REED: that a deduction equal to fair market Idaho (Mr. CRAPO) were added as co- S. 3005. A bill to create an independent re- value shall be allowed for charitable search institute, to be known as the ‘‘Na- sponsors of S. 841, a bill to direct the tional Institute of Finance’’, that will over- contributions of literary, musical, ar- Secretary of Transportation to study see the collection and standardization of tistic, or scholarly compositions cre- and establish a motor vehicle safety data on financial entities and activities, and ated by the donor. standard that provides for a means of conduct monitoring and other research and S. 448 alerting blind and other pedestrians of analytical activities to support the work of At the request of Mr. SPECTER, the motor vehicle operation. the Federal financial regulatory agencies name of the Senator from Louisiana and the Congress; to the Committee on S. 985 Banking, Housing, and Urban Affairs. (Ms. LANDRIEU) was added as a cospon- At the request of Mrs. LINCOLN, the By Mr. DEMINT (for himself, Mr. sor of S. 448, a bill to maintain the free name of the Senator from Oregon (Mr. GRAHAM, Mr. COBURN, Mr. MCCAIN, flow of information to the public by MERKLEY) was added as a cosponsor of Mr. LEMIEUX, Mr. BURR, Mr. CRAPO, providing conditions for the federally S. 985, a bill to establish and provide Mr. RISCH, Mr. CHAMBLISS, Mr. compelled disclosure of information by for the treatment of Individual Devel- CORNYN, Mr. ENSIGN, Mr. VITTER, Mr. certain persons connected with the opment Accounts, and for other pur- KYL, Mr. INHOFE, and Mr. SESSIONS): news media. S.J. Res. 27. A joint resolution proposing a poses. balanced budget amendment to the Constitu- S. 538 S. 1027 tion of the United States; to the Committee At the request of Mrs. LINCOLN, the At the request of Mr. SPECTER, his on the Judiciary. name of the Senator from Minnesota name was added as a cosponsor of S.

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.020 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S483 1027, a bill to amend title VII of the the 85th anniversary of the founding of centives for the donation of wild game Tariff Act of 1930 to clarify that funda- the National Future Farmers of Amer- meat. mental exchange-rate misalignment by ica Organization. S. 2870 any foreign nation is actionable under S. 1589 At the request of Mr. INOUYE, the United States countervailing and anti- At the request of Ms. CANTWELL, the name of the Senator from Massachu- dumping duty laws, and for other pur- name of the Senator from Colorado setts (Mr. KERRY) was added as a co- poses. (Mr. BENNET) was added as a cosponsor sponsor of S. 2870, a bill to establish S. 1066 of S. 1589, a bill to amend the Internal uniform administrative and enforce- At the request of Mr. SCHUMER, the Revenue Code of 1986 to modify the in- ment procedures and penalties for the name of the Senator from Rhode Island centives for the production of bio- enforcement of the High Seas Driftnet (Mr. WHITEHOUSE) was added as a co- diesel. Fishing Moratorium Protection Act and similar statutes, and for other pur- sponsor of S. 1066, a bill to amend title S. 1859 poses. XVIII of the Social Security Act to At the request of Mr. ROCKEFELLER, S. 2909 preserve access to ambulance services the names of the Senator from Rhode At the request of Mr. SANDERS, the under the Medicare program. Island (Mr. REED) and the Senator from name of the Senator from Arkansas S. 1173 New York (Mr. SCHUMER) were added as (Mrs. LINCOLN) was added as a cospon- At the request of Mr. FEINGOLD, the cosponsors of S. 1859, a bill to reinstate sor of S. 2909, a bill to provide State name of the Senator from Colorado Federal matching of State spending of programs to encourage employee own- (Mr. BENNET) was added as a cosponsor child support incentive payments. ership and participation in business de- of S. 1173, a bill to establish a dem- S. 1939 cisionmaking throughout the United onstration project to train unemployed At the request of Mrs. GILLIBRAND, States, and for other purposes. workers for employment as health care the name of the Senator from Cali- S. 2912 professionals, and for other purposes. fornia (Mrs. BOXER) was added as a co- At the request of Mr. NELSON of Flor- S. 1203 sponsor of S. 1939, a bill to amend title ida, the name of the Senator from New At the request of Mr. BAUCUS, the 38, United States Code, to clarify pre- Jersey (Mr. MENENDEZ) was added as a name of the Senator from Idaho (Mr. sumptions relating to the exposure of cosponsor of S. 2912, a bill to require RISCH) was added as a cosponsor of S. certain veterans who served in the vi- lenders of loans with Federal guaran- 1203, a bill to amend the Internal Rev- cinity of the Republic of Vietnam, and tees or Federal insurance to consent to enue Code of 1986 to extend the re- for other purposes. mandatory mediation. search credit through 2010 and to in- S. 2736 S. 2924 crease and make permanent the alter- At the request of Mr. FRANKEN, the At the request of Mr. LEAHY, the native simplified research credit, and name of the Senator from Pennsyl- name of the Senator from Vermont for other purposes. vania (Mr. CASEY) was added as a co- (Mr. SANDERS) was added as a cospon- S. 1319 sponsor of S. 2736, a bill to reduce the sor of S. 2924, a bill to reauthorize the At the request of Mr. COBURN, the rape kit backlog and for other pur- Boys & Girls Clubs of America, in the name of the Senator from Tennessee poses. wake of its Centennial, and its pro- (Mr. CORKER) was added as a cosponsor S. 2747 grams and activities. of S. 1319, a bill to require Congress to At the request of Mr. BINGAMAN, the S. 2946 specify the source of authority under name of the Senator from Colorado At the request of Ms. STABENOW, the the United States Constitution for the (Mr. BENNET) was added as a cosponsor name of the Senator from New York enactment of laws, and for other pur- of S. 2747, a bill to amend the Land and (Mrs. GILLIBRAND) was added as a co- poses. Water Conservation Fund Act of 1965 to sponsor of S. 2946, a bill to direct the S. 1345 provide consistent and reliable author- Secretary of the Army to take action At the request of Mr. REED, the name ity for, and for the funding of, the land with respect to the Chicago waterway of the Senator from New Hampshire and water conservation fund to maxi- system to prevent the migration of big- (Mrs. SHAHEEN) was added as a cospon- mize the effectiveness of the fund for head and silver carps into Lake Michi- sor of S. 1345, a bill to aid and support future generations, and for other pur- gan, and for other purposes. pediatric involvement in reading and poses. S. 2959 RANKEN education. S. 2750 At the request of Mr. F , the name of the Senator from New York S. 1441 At the request of Mr. SCHUMER, the (Mrs. GILLIBRAND) was added as a co- At the request of Mr. WYDEN, the name of the Senator from Oregon (Mr. sponsor of S. 2959, a bill to amend the name of the Senator from Washington WYDEN) was added as a cosponsor of S. Federal Election Campaign Act of 1971 (Mrs. MURRAY) was added as a cospon- 2750, a bill to amend the Public Health to protect Federal, State, and local sor of S. 1441, a bill to amend title 38, Service Act to authorize the Secretary elections from the influence of foreign United States Code, to grant family of of Health and Human Services to make nationals. members of the uniformed services grants to eligible States for the pur- temporary annual leave during the de- pose of reducing the student-to-school S. 2962 At the request of Mr. DODD, the ployment of such members. nurse ratio in public secondary schools, names of the Senator from Maine (Ms. S. 1458 elementary schools, and kindergarten. SNOWE) and the Senator from Idaho S. 2772 At the request of Ms. LANDRIEU, the (Mr. CRAPO) were added as cosponsors name of the Senator from Minnesota At the request of Mr. WHITEHOUSE, of S. 2962, a bill to amend title II of the (Ms. KLOBUCHAR) was added as a co- the name of the Senator from Mary- Social Security Act to apply an earn- sponsor of S. 1458, a bill to encourage land (Mr. CARDIN) was added as a co- ings test in determining the amount of the development and implementation sponsor of S. 2772, a bill to establish a monthly insurance benefits for individ- of a comprehensive, global strategy for criminal justice reinvestment grant uals entitled to disability insurance the preservation and reunification of program to help States and local juris- benefits based on blindness. families and the provision of perma- dictions reduce spending on correc- S. 2977 nent parental care for orphans. tions, control growth in the prison and At the request of Mr. GRAHAM, the S. 1553 jail populations, and increase public names of the Senator from New Hamp- At the request of Mr. GRASSLEY, the safety. shire (Mr. GREGG), the Senator from name of the Senator from Georgia (Mr. S. 2794 Oklahoma (Mr. INHOFE) and the Sen- CHAMBLISS) was added as a cosponsor of At the request of Mr. SCHUMER, the ator from Georgia (Mr. ISAKSON) were S. 1553, a bill to require the Secretary name of the Senator from Wyoming added as cosponsors of S. 2977, a bill to of the Treasury to mint coins in com- (Mr. ENZI) was added as a cosponsor of prohibit the use of Department of Jus- memoration of the National Future S. 2794, a bill to amend the Internal tice funds for the prosecution in Arti- Farmers of America Organization and Revenue Code of 1986 to provide tax in- cle III courts of the United States of

VerDate Nov 24 2008 01:39 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.022 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S484 CONGRESSIONAL RECORD — SENATE February 4, 2010 individuals involved in the September Women who are abused are not only Because violence against women is 11, 2001 terrorist attacks. more likely to face serious injury or often rampant in countries embroiled S. RES. 316 death because of abuse, but are at in conflict or crisis, this bill also re- At the request of Mr. MENENDEZ, the much greater risk of dying in preg- quires that the U.S. act in cases of ex- name of the Senator from New York nancy, having children who die in treme outbreaks of violence against (Mr. SCHUMER) was added as a cospon- childhood, and contracting HIV/AIDS. women and girls, like the horrific lev- sor of S. Res. 316, a resolution calling What many people don’t realize els of rape experienced by women in upon the President to ensure that the though is that violence against women the Democratic Republic of Congo. foreign policy of the United States re- and girls is a major cause of poverty. This legislation is necessary because flects appropriate understanding and Women are much more likely to be this is not an academic issue—we must sensitivity concerning issues related to among the world’s poorest, living on a remember that the scourge of gender- human rights, ethnic cleansing, and $1 a day or less, and the violence they based violence effects real women genocide documented in the United face keeps them poor. It prevents them around the world. from getting an education, going to But there are solutions. States record relating to the Armenian When Dulce Marlen Contreras started Genocide, and for other purposes. work, and earning the income they need to lift their families out of pov- her organization with seven of her S. RES. 403 erty. In turn, women’s poverty means friends, the first thing on her mind was At the request of Mr. VITTER, the they are not free to escape abuse, per- how to help the women of Honduras name of the Senator from Kansas (Mr. petuating a vicious cycle that keeps protect themselves from domestic vio- ROBERTS) was added as a cosponsor of women from making better lives for lence. A daughter of farmers in the S. Res. 403, a resolution expressing the themselves and their families. rural region of La Paz, Honduras, sense of the Senate that Umar Farouk In Nicaragua, for example, a study Marlen was tired of watching the Abdulmutallab should be tried by a found that children of victims of vio- women of her community endure wide- military tribunal rather than by a ci- lence left school an average of 4 years spread alcoholism and household abuse. In 1993, Marlen founded the vilian court. earlier than other children. In India, it Coordinadora de Mujeres Campesinas S. RES. 404 has been found that women who experi- de La Paz, or COMUCAP, to raise At the request of Mr. FEINGOLD, the enced even a single incident of violence awareness about women’s rights. The names of the Senator from Minnesota lost an average of 7 working days. organization started by educating (Ms. KLOBUCHAR) and the Senator from Sometimes, the workplace itself can be women in the community about their Pennsylvania (Mr. SPECTER) were a source of abuse: in Kenya, 95 percent rights and training them to stand up added as cosponsors of S. Res. 404, a of the women who had experienced sex- for themselves. resolution supporting full implementa- ual abuse in their workplace were tion of the Comprehensive Peace As time went on, Marlen noticed afraid to report the problem for fear of something was missing. While aware- Agreement and other efforts to pro- losing their jobs. mote peace and stability in Sudan, and ness-building was critical, in order to Greater economic opportunity and reduce violence for the long-term for other purposes. earning capacity not only allows COMUCAP had to attack the problem f women an option of escaping violent at its root: poverty. ‘‘We realized that STATEMENTS ON INTRODUCED situations, but more importantly, it in- until women are economically empow- BILLS AND JOINT RESOLUTIONS creases equality and mutual respect ered, they will not be empowered to es- within households, reducing women’s By Mr. KERRY (for himself, Mrs. cape abuse for good,’’ says Marlen. See- vulnerability to abuse in the first ing this link changed the way BOXER, Ms. SNOWE, and Ms. place. COMUCAP approached its work. It COLLINS): Women around the world are working started training women to grow and S. 2982. A bill to combat inter- desperately to change the laws and cus- national violence against women and sell organic coffee and aloe vera, help- toms in their countries that routinely ing them to earn an income for their girls; to the Common on Foreign Rela- allow women and girls to be raped, families. tions. beaten or deprived of any legal rights, Initially the reaction from the com- Mr. CARDIN. Mr. President, I rise even the ability to see a doctor or leave munity was hostile—women’s em- today to express my support for the the house alone. But they need our powerment was seen as a threat to International Violence Against Women help. families. As COMUCAP’s programs Act, introduced today by Senators IVAWA is a good step in that direc- grew, however, they started seeing re- KERRY, BOXER, SNOWE, and COLLINS. I tion. sults—the more money women made, am proud to be an original cosponsor The bill was developed in consulta- the more power they were able to as- on this legislation simply because it tion with more than 150 expert organi- sert in the household. has the power to save the lives of zations, including the input of 40 wom- As the community started to view women and girls around the world en’s groups from all around the world. the women of COMUCAP as economic while increasing our safety here at Highlighting the cross-cutting nature contributors to its families, more and home. of the issue of violence, the bill is sup- more women made decisions jointly This bill is particularly significant ported by a diverse coalition of almost with their husbands and stood up for because it would be a very significant 200 NGOs, including Amnesty Inter- themselves and their children in the effort by the U.S. to tackle this egre- national USA, Women Thrive World- face of abuse. Today COMUCAP pro- gious and widespread problem. One out wide, Jewish Women International, vides employment and income to over of every three women worldwide will be Family Violence Prevention Fund, 256 women in its community. House- physically, sexually or otherwise CARE, United Methodist Church, and hold violence has reduced drastically abused during her lifetime, with rates Refugees International. within the families of COMUCAP. reaching 70 percent in some countries. This bill would direct the State De- This example clearly illustrates that Ranging from rape to domestic vio- partment to create a comprehensive 5- violence against women is preventable lence and acid burnings to dowry year strategy to reduce violence and that there are proven solutions deaths and so-called honor killings, vi- against women and girls in up to 20 that work. Even more inspiring, there olence against women and girls is an countries and provide vital funds to are many thousands of local organiza- extreme human rights violation, a pub- foster programs in these countries that tions like COMUCAP worldwide, which lic health epidemic and a barrier to address violence in a coordinated, com- work within their own communities to solving global challenges such as ex- prehensive way. It would do this by re- support women in violent situations, treme poverty, HIV/AIDS and conflict. forming legal and health sectors, help- help them find ways to support them- It devastates the lives of millions of ing to change social norms and atti- selves and change cultural attitudes women and girls—in peacetime and in tudes that condone rape and abuse, and within their communities. conflict—and knows no national or cul- improving education and economic op- By supporting funding to overseas tural barriers. portunities for women and girls. women’s organizations to enable them

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.024 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S485 to work independently, IVAWA encour- project began, Fleur de Lis’ sales have gant bonuses. I, for one, believe it is ages this type of grassroots sustain- been cut almost in half. This latest time to help these Main Street busi- ability that will be crucial to any per- challenge comes on the heels of the nesses, as they are the backbone of our manent solution to violence. economic downturn, which caused the communities. Violence has a profound effect on the station to lay off two employees earlier My legislation also follows legisla- lives of women and girls, and therefore, last year. tion approved by a previous Congress. all communities around the world. As a The Bergeron’s story is one I have The prior bill came after Hurricane member of the Senate Foreign Rela- heard from countless businesses. Cou- Betsy devastated Florida, Louisiana tions Committee, I am committed to pled with their recovery from the 2005 and Mississippi in September 1965. Ac- continue to work with my colleagues and 2008 hurricanes, and more recently, cording to Red Cross reports at the to fight to end it and to provide any as- the economic downturn, these busi- time, between 800,000 and 1 million peo- sistance and resources necessary to nesses—the ones that took the initia- ple were adversely impacted by the achieve this goal. tive to quickly reopen after the hurricane. Before this storm, the only storms—are today struggling with one previous disaster of that magnitude By Ms. LANDRIEU: challenge after another. Yet these was the 1937 Ohio-Mississippi River S. 2986. A bill to authorize the Ad- ‘‘pioneer’’ businesses are the ones re- floods, which forced more than a mil- ministrator of the Small Business Ad- building communities need the most lion people from their homes. In total, ministration to waive interest for cer- because they serve as anchors. If resi- Betsy destroyed more than 1,500 homes, tain loans relating to damage caused dents see the Bergeron’s gas station, or damaged more than 150,000, and dam- by Hurricane Katrina, Hurricane Rita, their favorite restaurant, open, they aged more than 2,000 trailers. Hurri- Hurricane Gustav, or Hurricane Ike; to are more likely to come back to re- cane Betsy also destroyed 1,400 farm the Committee on Small Business and build their homes. buildings and 2,600 small businesses. At Entrepreneurship. To help ongoing recovery efforts in the time, the Senate Committee on Ms. LANDRIEU. Mr. President, I the Gulf Coast, and to give these strug- Public Works noted in Committee Re- come to the floor today to speak on an gling businesses immediate assistance, port 89–917 that, ‘‘The overwhelming issue that is of great importance to my I am introducing today the Southeast magnitude of the vicious storm, sur- home State of Louisiana: disaster re- Hurricanes Small Business Disaster prising even to experienced disaster covery from Hurricanes Katrina and Relief Act of 2010. I thank my colleague workers, was more apparent every day Rita of 2005 and Hurricanes Gustav and Representative CHARLIE MELANCON for as storm victims continued to register Ike of 2008. Almost 5 years after these introducing the House companion bill. for long-term recovery help in rebuild- first two devastating storms, our eyes Our legislation would provide targeted ing their lives and homes.’’ are still fixed on our shores during hur- assistance to as many as 22,000 busi- As part of the review to provide Hur- ricane season as our communities and nesses in Louisiana, Mississippi, and ricane Betsy victims appropriate as- businesses in the hardest-hit areas con- Texas. What these particular busi- sistance, including a field hearing in tinue to rebuild. As chair of the Senate nesses have in common is that they re- Louisiana, Congress determined that Committee on Small Business and En- ceived SBA disaster loans following the the massive scale of this disaster re- trepreneurship, I remain focused on 2005 or 2008 hurricanes. While they have quired targeted, disaster-specific pro- their ongoing recovery efforts and am made payments on these loans, I have grams. In particular, Congress ap- here today to introduce a bill that I be- heard from countless businesses in my proved the Southeast Hurricane Dis- lieve will help these struggling small State that they could expand oper- aster Relief Act of 1965, Public Law 89– businesses become successful once ations if they had additional cash flow. 339. This bill authorized various busi- again and hire new workers. This legislation would inject imme- ness, homeowner, and agricultural dis- Charles R. ‘‘Ray’’ Bergeron and his diate capital into these hardest-hit aster assistance, including loans and wife’s Fleur de Lis Car Care Center in businesses by giving SBA the authority temporary rental assistance. In its New Orleans, Louisiana, is one of the to waive up to $15,000 of interest pay- committee report on the legislation, businesses that need this type of assist- ments over 3 years, helping to create or which is referenced above, the Senate ance. Small Business Administrator save up to 81,000 jobs. Committee on Public Works wrote, Karen Mills and I toured the Under this program, SBA is required ‘‘This bill contains what the com- Bergerons’ business back in June. Pre- to give priority to applications from mittee believes is needed and necessary Katrina, Fleur de Lis, which opened in businesses with 50 employees or less to give further aid to the disaster- 1988, had nine employees. After Hurri- and businesses that re-opened between stricken areas . . . including special cane Katrina hit, Mr. and Mrs. September 2005 and October 2006 for the measures to help these States in the Bergeron found themselves having to 2005 storms or September and Decem- reconstruction and rehabilitation of take out two loans, one for their house ber 2008 for the 2008 hurricanes. This devastated areas.’’ Among other provi- and another for their small business. ensures that SBA first helps true small sions, Section 3 of the bill authorized As of our visit in June, the Bergerons businesses and those ‘‘pioneer’’ busi- SBA to waive interest—for loans above were down to two employees, not in- nesses that were the first to re-open $500—due on the loan over a period of 3 cluding themselves, and their business after the disaster. The program would years, but not to exceed $1,800 in inter- was back at about 40 percent of pre- end on December 31, 2010. est. The bill was signed into law in No- Katrina sales, due in large measure to This program makes a difference be- vember 1965 and Congress later ap- the population not returning. Their cause for some businesses, depending proved $35 million to implement provi- neighborhood is mostly empty homes, on the loan term and loan amount, sions in the Act. which Mr. Bergeron attributes in part their total principal/interest payments Just as with Hurricane Betsy in 1965, to high flood insurance premiums, high could run as high as $1,000 per month. in 2005, Mississippi and Louisiana again property taxes and high homeowner’s For example, for a $114,000 disaster saw a catastrophic disaster hit their insurance. loan with a 4 percent interest rate and businesses, farms, and homes. Every- As of June when I met with them, the a 25-year term, a business could be pay- one now knows the impact Hurricanes Bergerons had a $225,000 SBA disaster ing as much as $400 in monthly inter- Katrina and Rita had on the New Orle- loan with a standard 30-year term, est. In one year, this adds up to $4,800 ans area and the southeast part of our which Mr. Bergeron says he will not and almost $14,500 in 3 years. While State. Images from the devastation fol- pay off until he is 101 years old. But this is not a lot of money for Wall lowing these storms, and the subse- just yesterday, Mrs. Bergeron con- Street banks or Fortune 500 companies, quent Federal levee breaks, were trans- tacted my office requesting SBA assist- $15,000 makes a major impact for a gas mitted across the country and around ance with their loan repayment after station with two employees, like Fleur the world. Katrina ended up being the work to repair the flood-damaged roads de Lis, or a neighborhood restaurant deadliest natural disaster in United surrounding their gas station had cut with 10 employees. These businesses States history, with 1,800 people access to their business for even their have seen their bottom lines shrink as killed—1,500 in Louisiana alone. most loyal customers. Since the others on Wall Street received extrava- Katrina was also the costliest natural

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.041 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S486 CONGRESSIONAL RECORD — SENATE February 4, 2010 disaster in U.S. history, with more lieve some of the interest on these SBA SEC. 4. AUTHORIZATION OF APPROPRIATIONS. than $81.2 billion reported in damage. disaster loans. For this reason, I urge There are authorized to be appropriated to In Louisiana, we had 18,000 businesses my Senate colleagues to support this the Administrator such sums as may be nec- essary to carry out this Act. catastrophically destroyed and 81,000 commonsense legislation which would businesses economically impacted. I make a difference for up to 22,000 Main By Ms. LANDRIEU (for herself believe that, across the entire Gulf Street business owners and their esti- and Ms. SNOWE): Coast, some estimates ran as high as mated 81,000 employees in the Gulf S. 2989. A bill to improve the Small 125,000 businesses impacted by Katrina Coast. Business Act, and for other purposes; and Rita. Many of these businesses, for Mr. President, I ask unanimous con- to the Committee on Small Business various reasons, have not returned or sent that the text of the bill be printed and Entrepreneurship. re-opened. By mid-2007, Orleans Parish in the RECORD. Ms. LANDRIEU. Mr. President, I am was still down 2,000 employers, or 23 There being no objection, the text of pleased today to be introducing the percent of its pre-Katrina business the bill was ordered to be printed in Small Business Contracting Improve- level. Nearby St. Bernard Parish— the RECORD, as follows: ments Act of 2010, legislation designed which had up to 80 percent of its homes S. 2986 to protect the interests of small busi- damaged—had the largest percentage Be it enacted by the Senate and House of nesses and boost their opportunities in decline of 48 percent fewer businesses Representatives of the United States of America the Federal marketplace. open, according to Louisiana State in Congress assembled, As Chair of the Senate Committee on University and the Louisiana Recovery SECTION 1. SHORT TITLE. Small Business and Entrepreneurship, I This Act may be cited as the ‘‘Southeast Authority. These disasters were fol- Hurricanes Small Business Disaster Relief have focused a considerable amount of lowed by the 2008 hurricanes that hit Act of 2010’’. energy promoting the interests of the same areas in Texas and Louisiana. SEC. 2. DEFINITIONS. small businesses in the federal con- With this in mind, on September 25, In this Act— tracting arena. The legislation I am in- 2009, I chaired a committee field hear- (1) the terms ‘‘Administration’’ and ‘‘Ad- troducing today marks a critical step ing in Galveston, Texas. At this hear- ministrator’’ mean the Small Business Ad- forward in this process. ing, we received a progress report from ministration and the Administrator thereof, As the largest purchaser in the Federal, State and local officials on respectively; world, the Federal Government is the recovery from Hurricane Ike in (2) the term ‘‘covered disaster loan’’ means uniquely positioned to offer new and a loan— 2008. We also heard from individual (A) made under section 7(b) of the Small reliable business opportunities for our business owners in Galveston who were Business Act (15 U.S.C. 636(b)); Main Street businesses. Government still struggling a year on from the hur- (B) for damage or injury caused by Hurri- contracts are perhaps one of the easiest ricane. cane Katrina of 2005, Hurricane Rita of 2005, and most inexpensive ways the govern- These Galveston business owners, the Hurricane Gustav of 2008, or Hurricane Ike of ment can help immediately increase Bergeron’s Fleur de Lis gas station, 2008; and sales for America’s entrepreneurs, giv- and many other ‘‘pioneer’’ businesses (C) made to a business located in a de- ing them the tools they need to keep did choose to re-open and are now clared disaster area; our economy strong and create jobs. By (3) the term ‘‘declared disaster area’’ struggling to stay alive. As is clear means an area in the State of Louisiana, the increasing contracts to small busi- from the Bergerons’ story, these busi- State of Mississippi, or the State of Texas nesses by just 1 percent, we can create nesses have suffered from not one dis- for which the President declared a major dis- more than 100,000 new jobs—and today, aster, but three: Hurricane Katrina/ aster under section 401 of the Robert T. Staf- we need those jobs more than ever. Rita in 2005, Hurricane Gustav/Ike in ford Disaster Relief and Emergency Assist- But the reality is, small businesses 2008, and the economic downturn. My ance Act (42 U.S.C. 5170) relating to Hurri- need all the help they can get accessing home State of Louisiana was slow to cane Katrina of 2005, Hurricane Rita of 2005, Federal contracts. In fiscal year 2007, feel the brunt of the credit crunch and Hurricane Gustav of 2008, or Hurricane Ike of according to the Federal Procurement 2008; economic meltdown, but last year we (4) the term ‘‘program’’ means the South- Data System, the Federal Government began to see the drying up of invest- east Hurricanes Small Business Disaster Re- missed its 23 percent contracting goal ments and the shrinking of consumers’ lief Program established under section 3; and by .992 percent. That .992 percent rep- pocketbooks. I believe the special pro- (5) the term ‘‘small business concern’’ has resents more than $3.74 billion and gram implemented following Hurricane the meaning given that term under section 93,500 jobs lost for small businesses. Betsy in 1965 would today greatly ben- 3(a) of the Small Business Act (15 U.S.C. The numbers are even worse the next efit businesses in these three states 632(a)). fiscal, in fiscal year 2008 the Federal hardest hit by Katrina, Rita, Gustav SEC. 3. SOUTHEAST HURRICANES SMALL BUSI- Procurement Data System reported NESS DISASTER RELIEF PROGRAM. and Ike. Given the urgent needs of (a) PROGRAM ESTABLISHED.—Subject to the that the government missed its goal by many of these impacted businesses, I availability of appropriations, the Adminis- 1.51 percent—meaning more than $6.51 will be reaching out to my colleagues trator shall establish a Southeast Hurricanes billion and 162,700 jobs lost. While these in Texas, Louisiana, and Mississippi to Small Business Disaster Relief Program, numbers tell the stark story of why hopefully gain their support for quick under which the Administrator may waive this legislation is vital for our small passage of this assistance. While I rec- payment of interest by a business on a cov- businesses and our overall economy, ognize that these are the hardest hit ered disaster loan— they are still only a part of the story of (1) for not more than 3 years; and states, I am also interested to hear (2) in a total amount of not more than why this legislation is needed. from my other Gulf Coast colleagues $15,000. Our small businesses have been tak- on whether this program would benefit (b) PRIORITY OF APPLICATIONS.—The Ad- ing the brunt of this economic down- their impacted businesses as well. ministrator shall, to the extent practicable, turn. In this past year, small busi- In closing, I would like to note that give priority to an application for a waiver nesses accounted for more than 85 per- Congress has been generous in pro- of interest under the program by a small cent of job losses. This fact was vividly viding essential recovery funds fol- business concern— illustrated to me this weekend when I lowing the 2005 and 2008 storms. How- (1) with not more than 50 employees; or met with Louisiana business owners (2) that resumed business operations in— ever, as we approach the fifth anniver- (A) a declared disaster area relating to and officials. A small business owner sary of the 2005 disasters, we must now Hurricane Katrina of 2005 or Hurricane Rita who spoke at our meeting told of how ensure that impacted businesses can of 2005, during the period beginning on Sep- he was down from 20 plus employees to make it past this anniversary—pre- tember 1, 2005, and ending on October 1, 2006; three. He was clear that if he had ac- venting thousands more workers from or cess to federal work he would begin being unemployed or additional de- (B) a declared disaster area relating to staffing up tomorrow. That is the rea- faults on SBA disaster loans. One im- Hurricane Gustav of 2008 or Hurricane Ike of son I am introducing this legislation portant way that this Congress can en- 2008, during the period beginning on Sep- today. These contracting opportunities tember 1, 2008, and ending on January 1, 2009. sure that these workers remain em- (c) TERMINATION OF PROGRAM.—The Admin- represent job creation for small busi- ployed and that these businesses sur- istrator may not approve an application nesses in a way that is unique. When vive, and even grow, would be to re- under the program after December 31, 2010. large businesses get new work they

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.037 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S487 typically spread that work among ex- in subcontracting by prime contrac- SECTION 1. SHORT TITLE. isting employees. When small busi- tors. To accomplish this, the bill: pro- This Act may be cited as the ‘‘Small Busi- nesses get these contracts they must vides guidelines and procedures for re- ness Contracting Revitalization Act of 2010’’. staff up to meet the increased demand. viewing and evaluating subcontractor SEC. 2. TABLE OF CONTENTS. Furthermore, last night President participation in prime contracts and The table of contents for this Act is as fol- Obama made the case that small busi- provides for speedier payments to lows: nesses need to be the focus of our re- small business subcontractors who Sec. 1. Short title. covery. I have heard over and over have successfully completed work on Sec. 2. Table of contents. Sec. 3. Definitions. again that small business is the engine behalf of the prime contractor. that drives our economy. Well, if that The third area I intend to update is TITLE I—CONTRACT BUNDLING is true, then it is time to give that en- the acquisition process. This bill aims Sec. 101. Leadership and oversight. gine some gas. President Obama set the to increase the number of small busi- Sec. 102. Consolidation of contract require- ness contracting opportunities by in- ments. right tone last night and today our bill Sec. 103. Small business teams pilot pro- looks to act on his words and fill that cluding additional provisions to reduce gram. bundled contracts by reserving more tank as we consider improvements in TITLE II—SUBCONTRACTING INTEGRITY four key areas. contracts for small business concerns. The bill accomplishes this by: author- Sec. 201. GAO recommendations on subcon- The first area I attempt to make im- tracting misrepresentations. provements in is the area of contract izing small business set-asides in mul- Sec. 202. Small business subcontracting im- bundling. Although contract bundling tiple-award, multi-agency contracting provements. may have started out as a good idea, it vehicles; directing the Office of Federal TITLE III—ACQUISITION PROCESS has now become the prime example of Procurement Policy to issue guidelines to analyze the use of government cred- Sec. 301. Reservation of prime contract the old saying that too much of a good awards for small businesses. thing can be very, very bad. The pro- it cards for the purpose of meeting Sec. 302. Micro-purchase guidelines. liferation of bundled contracts coupled small business goals; and requiring Sec. 303. Agency accountability. with the decimation of contracting that agencies include meeting small Sec. 304. Payment of subcontractors. professionals within the government business contracting goals in the per- Sec. 305. Repeal of Small Business Competi- threatens to kill small businesses’ abil- formance evaluation of contracting and tiveness Demonstration Pro- ity to compete for federal contracts. program personnel. gram. Our bill looks to address those issues The last area that I tackle in this TITLE IV—SMALL BUSINESS SIZE AND by ensuring: accountability of senior legislation is small business size and STATUS INTEGRITY agency management for all incidents of status integrity. The Committee has Sec. 401. Policy and presumptions. bundling; timely and accurate report- heard from a number of small busi- Sec. 402. Annual certification. ing of contract bundling information nesses about large businesses parading Sec. 403. Training for contracting and en- as small businesses. It is imperative forcement personnel. by all federal agencies; and improved Sec. 404. Updated size standards. oversight of bundling regulation com- that small business contracts go to small businesses. Small businesses may Sec. 405. Study and report on the mentor- pliance by the Small Business Admin- protege program. istration, SBA. be losing billions of dollars in opportu- nities because of size standard loop- SEC. 3. DEFINITIONS. The bill also ensures that contract In this Act— consolidation decisions made by a de- holes. (1) the terms ‘‘Administration’’ and ‘‘Ad- partment or agency, other than the De- This bill attempts to address these ministrator’’ mean the Small Business Ad- fense Department and its agencies, pro- issues by making additions to the ministration and the Administrator thereof, vide small businesses with appropriate Small Business Act that are designed respectively; and opportunities to participate as prime to strengthen the government’s ability (2) the term ‘‘small business concern’’ has to enforce the size and status standards the meaning given that term under section 3 contractors and subcontractors. of the Small Business Act (15 U.S.C. 632). Another way that this bill attempts for small business certification. To to tackle the issue of bundling is by achieve this, the new section: estab- TITLE I—CONTRACT BUNDLING creating a joint venture and teaming lishes a presumption of loss to the fed- SEC. 101. LEADERSHIP AND OVERSIGHT. center at the SBA. This center will eral government whenever a large busi- (a) IN GENERAL.—Section 15 of the Small provide technical support to associa- ness performs a small business con- Business Act (15 U.S.C. 644) is amended by tract; requires that small businesses adding at the end the following: tions and businesses who are interested annually certify their size status; re- ‘‘(q) BUNDLING ACCOUNTABILITY MEAS- in bidding on larger contracts as part quires the development of training pro- URES.— of small business teams or joint ven- grams for small business size stand- ‘‘(1) TEAMING REQUIREMENTS.—Each Fed- tures. The bill will also ease regula- eral agency shall include in each solicitation ards; requires a detailed review of the tions that serve as a disincentive for for any contract award above the substantial size standards for small businesses by small businesses who want to enter bundling threshold of the Federal agency a the SBA within one year; and directs into teaming relationships with one provision soliciting bids by teams and joint GAO to study the effectiveness of the another. ventures of small business concerns. mentor-protege program. ‘‘(2) AGENCY POLICIES ON REDUCTION OF CON- The second area that this bill at- It is well past time to provide greater TRACT BUNDLING.—The head of each Federal tempts to address is subcontracting. opportunities for the thousands of agency shall— The Committee has heard from many small business owners who wish to do ‘‘(A) not later than 180 days after the date businesses about the challenges that business with the Federal Government. of enactment of this subsection, publish on some small business subcontractors I believe that this legislation is a good the website of the Federal agency the policy face when dealing with prime contrac- of the Federal agency regarding contracting step toward opening those doors of op- bundling and consolidation, including re- tors. Business owners have related that portunity. I hope all of my colleagues the way subcontracting compliance is garding the solicitation of teaming and joint will join me in supporting this bill and ventures under paragraph (1); and calculated creates opportunity for I look forward to working with them as ‘‘(B) not later than 30 days after the date abuse. They also related that many we work to move this legislation for- on which the head of the Federal agency sub- small businesses will spend time, ward. mits data certifications to the Adminis- money and effort preparing bid pro- Mr. President, I ask unanimous con- trator for Federal Procurement Policy, pub- posals to be a part of a bid team and sent that the text of the bill be printed lish on the website of the Federal agency a list and rationale for any bundled contract that once the contract is won they in the RECORD. never heard from the prime contractor There being no objection, the text of for which the Federal agency solicited bids or that was awarded by the Federal agency. again. Many also complain about a the bill was ordered to be printed in ‘‘(3) REPORTING.—Not later than 90 days lack of timely payments after they the RECORD, as follows: after the date of enactment of this sub- have completed work. S. 2989 section, and every 3 years thereafter, the Di- This bill attempts to deal with some Be it enacted by the Senate and House of rector of Small and Disadvantaged Business of these issues by including provisions Representatives of the United States of America Utilization for each Federal agency shall designed to prevent misrepresentations in Congress assembled, submit to the Committee on Small Business

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and Entrepreneurship of the Senate and the ‘‘(B) any other indefinite delivery, indefi- (b) ESTABLISHMENT.—The Administrator Committee on Small Business of the House nite quantity contract that is entered into shall establish a Center for Small Business of Representatives a report regarding pro- by the head of a Federal agency with 2 or Teaming within the Administration to carry curement center representatives and com- more sources pursuant to the same solicita- out a pilot program for teaming and joint mercial market representatives, which tion; and ventures involving small business concerns. shall— ‘‘(5) the term ‘senior procurement execu- (c) GRANTS.—The Center may make grants ‘‘(A) identify each area for which the Fed- tive’ means an official designated under sec- to eligible organizations to assemble teams eral agency has assigned a procurement cen- tion 16(c) of the Office of Federal Procure- of small business concerns to compete for ter representative or a commercial market ment Policy Act (41 U.S.C. 414(c)) as the sen- larger procurement contracts. ior procurement executive for a Federal representative; (d) CONTRACTING OPPORTUNITIES.— agency. ‘‘(B) explain why the Federal agency se- (1) IN GENERAL.—The Center shall work lected the areas identified under subpara- ‘‘(b) POLICY.—The head of each Federal agency shall ensure that the decisions made with eligible organizations receiving a grant graph (A); and under this section to identify appropriate ‘‘(C) describe the activities performed by by the Federal agency regarding consolida- tion of contract requirements of the Federal contracting opportunities for teams or joint procurement center representatives and ventures of small business concerns. commercial market representatives.’’. agency are made with a view to providing small business concerns with appropriate op- (2) RESTRICTED COMPETITION.—A con- (b) TECHNICAL CORRECTION.—Section 15(g) tracting officer of a Federal agency may re- of the Small Business Act (15 U.S.C. 644(g)) is portunities to participate as prime contrac- tors and subcontractors in the procurements strict competition for any contract for the amended by striking ‘‘Administrator of the procurement of goods or services by the Fed- Office of Federal Procurement Policy’’ each of the Federal agency. ‘‘(c) LIMITATION ON USE OF ACQUISITION eral agency to teams or joint ventures of place it appears and inserting ‘‘Adminis- STRATEGIES INVOLVING CONSOLIDATION.— small business concerns if determined appro- trator for Federal Procurement Policy’’. ‘‘(1) IN GENERAL.—The head of a Federal priate by the contracting officer. (c) REPORT.— agency may not carry out an acquisition (e) TERMINATION.—The authorities under (1) IN GENERAL.—Not later than 180 days strategy that includes a consolidation of this section shall terminate 5 years after the after the date of enactment of this Act, the contract requirements of the Federal agency date of enactment of this Act. Comptroller General of the United States with a total value of more than $2,000,000, un- (f) AUTHORIZATION OF APPROPRIATIONS.— shall submit to Congress a report regarding less the senior procurement executive or the procurement center representative pro- There are authorized to be appropriated for Chief Acquisition Officer for the Federal grants by the Center under subsection (c) gram of the Administration. agency, before carrying out the acquisition (2) CONTENTS.—The report submitted under $5,000,000 for each of fiscal years 2010 through strategy— 2015. paragraph (1) shall— ‘‘(A) conducts market research; (A) address ways to improve the effective- ‘‘(B) identifies any alternative contracting TITLE II—SUBCONTRACTING INTEGRITY ness of the procurement center representa- approaches that would involve a lesser de- SEC. 201. GAO RECOMMENDATIONS ON SUBCON- tive program in helping small business con- gree of consolidation of contract require- TRACTING MISREPRESENTATIONS. cerns obtain Federal contracts; ments; and Section 8 of the Small Business Act (15 (B) evaluate the effectiveness of procure- ‘‘(C) determines that the consolidation of ment center representatives and commercial U.S.C. 637) is amended by adding at the end contract requirements is necessary and justi- the following: marketing representatives; and fied. ‘‘(o) PREVENTION OF MISREPRESENTATIONS (C) include recommendations, if any, on ‘‘(2) DETERMINATION THAT CONSOLIDATION IS IN SUBCONTRACTING; IMPLEMENTATION OF REC- how to improve the procurement center rep- NECESSARY AND JUSTIFIED.— OMMENDATIONS OF COMPTROLLER GENERAL.— resentative program. ‘‘(A) IN GENERAL.—A senior procurement ‘‘(1) STATEMENT OF POLICY.—It is the policy (d) ELECTRONIC PROCUREMENT CENTER REP- executive or Chief Acquisition Officer may of Congress that the recommendations of the RESENTATIVE.—Not later than 180 days after determine that an acquisition strategy in- Comptroller General of the United States in the date of enactment of this Act, the Ad- volving a consolidation of contract require- Report No. 05–459, concerning oversight im- ministrator shall implement an electronic ments is necessary and justified for the pur- provements necessary to ensure maximum procurement center representative program. poses of paragraph (1)(C) if the benefits of practicable participation by small business SEC. 102. CONSOLIDATION OF CONTRACT RE- the acquisition strategy substantially exceed concerns in subcontracting, shall be imple- QUIREMENTS. the benefits of each of the possible alter- mented Government-wide, to the maximum The Small Business Act (15 U.S.C. 631 et native contracting approaches identified extent possible. seq.) is amended— under paragraph (1)(B). ‘‘(2) CONTRACTOR COMPLIANCE.—Compliance (1) by redesignating section 44 as section ‘‘(B) SAVINGS IN ADMINISTRATIVE OR PER- of Federal prime contractors with subcon- 45; and SONNEL COSTS.—For purposes of subpara- tracting plans relating to small business (2) by inserting after section 43 the fol- graph (A), savings in administrative or per- concerns shall be evaluated as a percentage lowing: sonnel costs alone do not constitute a suffi- of obligated prime contract dollars and as a ‘‘SEC. 44. CONSOLIDATION OF CONTRACT RE- cient justification for a consolidation of con- percentage of subcontracts awarded. QUIREMENTS. tract requirements in a procurement unless ‘‘(3) ISSUANCE OF AGENCY POLICIES.—Not ‘‘(a) DEFINITIONS.—In this section— the expected total amount of the cost sav- later than 180 days after the date of enact- ‘‘(1) the term ‘Chief Acquisition Officer’ ings, as determined by the senior procure- ment of this subsection, the head of each means the employee of a Federal agency des- ment executive or Chief Acquisition Officer, Federal agency shall issue a policy on sub- ignated as the Chief Acquisition Officer for is substantial in relation to the total cost of contracting compliance relating to small the Federal agency under section 16(a) of the the procurement. business concerns, including assignment of Office of Federal Procurement Policy Act (41 ‘‘(3) BENEFITS TO BE CONSIDERED.—The ben- compliance responsibilities between con- U.S.C. 414(a)); efits considered for the purposes of para- tracting offices, small business offices, and ‘‘(2) the term ‘consolidation of contract re- graphs (1) and (2) may include cost and, re- program offices and periodic oversight and quirements’, with respect to contract re- gardless of whether quantifiable in dollar review activities.’’. quirements of a Federal agency, means a use amounts— of a solicitation to obtain offers for a single ‘‘(A) quality; SEC. 202. SMALL BUSINESS SUBCONTRACTING contract or a multiple award contract to sat- ‘‘(B) acquisition cycle; IMPROVEMENTS. isfy 2 or more requirements of the Federal ‘‘(C) terms and conditions; and Section 8(d)(6) of the Small Business Act agency for goods or services that have been, ‘‘(D) any other benefit.’’. (15 U.S.C. 637(d)(6)) is amended— are being, or will be provided to, or will be SEC. 103. SMALL BUSINESS TEAMS PILOT PRO- (1) in subparagraph (E), by striking ‘‘and’’ performed for or would typically be per- GRAM. at the end; formed for, the Federal agency under 2 or (a) DEFINITIONS.—In this section— (2) in subparagraph (F), by striking the pe- more separate contracts lower in cost than (1) the term ‘‘Center’’ means the Center for riod at the end and inserting ‘‘; and’’; and the total cost of the contract for which the Small Business Teaming established under (3) by adding at the end, the following: offers are solicited; subsection (b); and ‘‘(G) a certification that the offeror or bid- ‘‘(3) the term ‘Federal agency’ does not in- (2) the term ‘‘eligible organization’’ means der will acquire articles, equipment, sup- clude the Department of Defense or any a well-established national organization for plies, services, or materials, or obtain the agency of the Department of Defense; small business concerns with the capacity to performance of construction work from the ‘‘(4) the term ‘multiple award contract’ provide assistance to small business con- small business concerns used in preparing means— cerns (which may be provided with the as- and submitting to the contracting agency ‘‘(A) a multiple award task order contract sistance of the Center) relating to— the bid or proposal, in the same amount and or delivery order contract that is entered (A) customer relations and outreach; quality used in preparing and submitting the into under the authority of sections 303H (B) submitting bids and proposals; bid or proposal, unless the small business through 303K of the Federal Property and (C) team relations and outreach; and concerns are no longer in business or can no Administrative Services Act of 1949 (41 (D) performance measurement and quality longer meet the quality, quantity, or deliv- U.S.C. 253h through 253k); and assurance. ery date.’’.

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RESERVATION OF PRIME CONTRACT small business utilization, in accordance grant whenever it is established that a busi- AWARDS FOR SMALL BUSINESSES. with the goals established under this sub- ness concern other than a small business Section 15 of the Small Business Act (15 section. concern willfully sought and received the U.S.C. 644), as amended by this Act, is ‘‘(ii) A procurement employee or program award by misrepresentation. amended by adding at the end the following: manager described in this clause is a senior ‘‘(2) DEEMED CERTIFICATIONS.—The fol- ‘‘(r) GOVERNMENT-WIDE ACQUISITION CON- procurement executive, senior program man- lowing actions shall be deemed affirmative, TRACTS.—Not later than 180 days after the ager, or Director of Small and Disadvantaged willful, and intentional certifications of date of enactment of this subsection, the Ad- Business Utilization of a Federal agency hav- small business size and status: ministrator for Federal Procurement Policy ing contracting authority.’’. ‘‘(A) Submission of a bid or proposal for a and the Administrator shall jointly, by regu- SEC. 304. PAYMENT OF SUBCONTRACTORS. Federal grant, contract, subcontract, cooper- lation, establish criteria for Federal agencies Section 8(d) of the Small Business Act (15 ative agreement, or cooperative research and for— U.S.C. 637(d)) is amended by adding at the development agreement reserved, set aside, ‘‘(1) setting aside part or parts of a mul- end the following: or otherwise classified as intended for award tiple award contract (as defined in section ‘‘(11) PAYMENT OF SUBCONTRACTORS.— to small business concerns. 44), Federal supply schedule contracts, and ‘‘(A) DEFINITION.—In this paragraph, the ‘‘(B) Submission of a bid or proposal for a other Government-wide acquisition con- term ‘covered contract’ means a contract re- Federal grant, contract, subcontract, cooper- tracts for small business concerns, including lating to which a prime contractor is re- ative agreement, or cooperative research and the subcategories of small business concerns quired to develop a subcontracting plan development agreement which in any way identified in subsection (g)(2); under paragraph (4) or (5). encourages a Federal agency to classify the ‘‘(2) setting aside orders placed against ‘‘(B) NOTICE.— bid or proposal, if awarded, as an award to a multiple award contracts, Federal supply ‘‘(i) IN GENERAL.—A prime contractor for a small business concern. schedule contracts, and other Government- covered contract shall notify in writing the ‘‘(C) Registration on any Federal elec- wide acquisition contracts for small business contracting officer for the covered contract tronic database for the purpose of being con- concerns, including the subcategories of if the prime contractor pays a reduced price sidered for award of a Federal grant, con- small business concerns identified in sub- to a subcontractor for goods and services tract, subcontract, cooperative agreement, section (g)(2); and upon completion of the responsibilities of or cooperative research agreement, as a ‘‘(3) reserving 1 or more contract awards the subcontractor or the payment to a sub- small business concern. for small business concerns under full and contractor is more than 90 days past due for ‘‘(3) CERTIFICATION BY SIGNATURE OF RE- open multiple award procurements, includ- goods or services provided for the covered SPONSIBLE OFFICIAL.— ing the subcategories of small business con- contract for which— ‘‘(A) IN GENERAL.—Each solicitation, bid, cerns identified in subsection (g)(2).’’. ‘‘(I) the Federal agency has paid the prime or application for a Federal contract, sub- SEC. 302. MICRO-PURCHASE GUIDELINES. contractor; or contract, or grant shall contain a certifi- Not later than 1 year after the date of en- ‘‘(II) the prime contractor has submitted a cation concerning the small business size actment of this Act, the Controller of the Of- request for payment to the Federal agency. and status of a business concern seeking the fice of Federal Financial Management shall ‘‘(ii) CONTENTS.—A prime contractor shall Federal contract, subcontract, or grant. issue guidelines regarding the analysis of include the reason for the reduction in a pay- ‘‘(B) CONTENT OF CERTIFICATIONS.—A cer- purchase card expenditures to identify op- ment to or failure to pay a subcontractor in tification that a business concern qualifies portunities for achieving and accurately any notice made under clause (i). as a small business concern of the exact size measuring fair participation of small busi- ‘‘(iii) PUBLIC AVAILABILITY.—The head of and status claimed by the business concern ness concerns in purchases in an amount not each Federal agency shall, after redacting for purposes of bidding on a Federal contract in excess of the micro-purchase threshold, as information identifying any subcontractor, or subcontract, or applying for a Federal defined in section 32 of the Office of Federal make publicly available any notice made grant, shall contain the signature of a direc- Procurement Policy Act (41 U.S.C. 428) (in under clause (i). tor, officer, or counsel on the same page on this section referred to as ‘‘micro-pur- ‘‘(C) PERFORMANCE.—A contracting officer which the certification is contained. chases’’), consistent with the national policy for a covered contract shall consider the fail- ‘‘(4) REGULATIONS.—The Administrator on small business participation in Federal ure by a prime contractor to make a full or shall promulgate regulations to provide ade- procurements set forth in sections 2(a) and timely payment to a subcontractor in evalu- quate protections to individuals and business 15(g) of the Small Business Act (15 U.S.C. ating the performance of the prime con- concerns from liability under this subsection 631(a) and 644(g)), and dissemination of best tractor. in cases of unintentional errors, technical practices for participation of small business ‘‘(D) CONTROL OF FUNDS.—A contracting of- malfunctions, and other similar situations.’’. concerns in micro-purchases. ficer for a covered contract may restrict the SEC. 402. ANNUAL CERTIFICATION. SEC. 303. AGENCY ACCOUNTABILITY. authority of a prime contractor that has a Section 3 of the Small Business Act (15 Section 15(g)(2) of the Small Business Act history of untimely payment of subcontrac- U.S.C. 632), as amended by this Act, is (15 U.S.C. 644(g)(2)) is amended— tors (as determined by the contracting offi- amended by adding at the end the following: (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; cer) to make expenditures under or control ‘‘(u) ANNUAL CERTIFICATION.— (2) by striking ‘‘Goals established’’ and in- payment of subcontractors for a covered con- ‘‘(1) IN GENERAL.—Each business certified serting the following: tract.’’. as a small business concern under this Act ‘‘(B) Goals established’’; SEC. 305. REPEAL OF SMALL BUSINESS COMPETI- shall annually certify its small business size (3) by striking ‘‘Whenever’’ and inserting TIVENESS DEMONSTRATION PRO- and, if appropriate, its small business status, GRAM. the following: by means of a confirming entry on the ORCA (a) IN GENERAL.—The Business Opportunity ‘‘(C) Whenever’’; database of the Administration, or any suc- Development Reform Act of 1988 (Public Law (4) by striking ‘‘For the purpose of’’ and in- cessor thereto. 100–656) is amended by striking title VII (15 serting the following: ‘‘(2) REGULATIONS.—Not later than 1 year U.S.C. 644 note). ‘‘(D) For the purpose of’’; after the date of enactment of this sub- (b) EFFECTIVE DATE AND APPLICABILITY.— (5) by striking ‘‘The head of each Federal section, the Administrator, in consultation The amendment made by this section— agency, in attempting to attain such partici- with the Inspector General and the Chief (1) shall take effect on the date of enact- pation’’ and inserting the following: Counsel for Advocacy of the Administration, ment of this Act; and ‘‘(E) The head of each Federal agency, in shall promulgate regulations to ensure (2) apply to the first full fiscal year after attempting to attain the participation de- that— the date of enactment of this Act. scribed in subparagraph (D)’’. ‘‘(A) no business concern continues to be (6) in subparagraph (E), as so designated— TITLE IV—SMALL BUSINESS SIZE AND certified as a small business concern on the (A) by striking ‘‘(A) contracts’’ and insert- STATUS INTEGRITY ORCA database of the Administration, or ing ‘‘(i) contracts’’; and SEC. 401. POLICY AND PRESUMPTIONS. any successor thereto, without fulfilling the (B) by striking ‘‘(B) contracts’’ and insert- Section 3 of the Small Business Act (15 requirements for annual certification under ing ‘‘(ii) contracts’’; and U.S.C. 632) is amended by adding at the end this subsection; and (7) by adding at the end the following: the following: ‘‘(B) the requirements of this subsection ‘‘(F)(i) Each procurement employee or pro- ‘‘(t) PRESUMPTION.— are implemented in a manner presenting the gram manager described in clause (ii)— ‘‘(1) IN GENERAL.—In every contract, sub- least possible regulatory burden on small ‘‘(I) shall communicate to the subordinates contract, cooperative agreement, coopera- business concerns. of the procurement employee or program tive research and development agreement, or ‘‘(3) DETERMINATION OF SIZE STATUS.—The manager the importance of achieving small grant which is set aside, reserved, or other- small business size or status of a business business goals; and wise classified as intended for award to small concern shall be determined at the time of ‘‘(II) shall have as a significant factor in business concerns, there shall be a presump- the award of a Federal— the annual performance evaluation of the tion of loss to the United States based on the ‘‘(A) contract, except that, in the case of procurement employee or program manager, total amount expended on the contract, sub- interagency multiple award contracts (as de- where appropriate, the success of that pro- contract, cooperative agreement, coopera- fined in section 44), small business size or

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.027 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S490 CONGRESSIONAL RECORD — SENATE February 4, 2010 status shall be determined annually, except Act, the Comptroller General shall submit to prime contractors who use small firms for purposes of the award of each task or de- the Committee on Small Business and Entre- in developing bids but do not sub- livery order set aside or reserved for small preneurship of the Senate and the Com- contract with them once a contract has business concerns; mittee on Small Business of the House of been awarded. Our bill will address this ‘‘(B) subcontract; Representatives a report on the results of ‘‘(C) grant; the study conducted under this section. concern as well as other ongoing prob- ‘‘(D) cooperative agreement; or lems such as large businesses posing as Ms. SNOWE. Mr. President, as rank- small businesses, flawed reporting ‘‘(E) cooperative research and development ing Member of the Senate Committee agreement.’’. data, and agencies who fail to meet on Small Business and Entrepreneur- SEC. 403. TRAINING FOR CONTRACTING AND EN- their small business contracting goals. FORCEMENT PERSONNEL. ship, I rise today, along with Senator As Ranking Member of the Senate (a) IN GENERAL.—Not later than 1 year LANDRIEU, to introduce the Small Busi- Committee on Small Business and En- after the date of enactment of this Act, the ness Contracting Revitalization Act of trepreneurship, I am further dismayed Federal Acquisition Institute, in consulta- 2010. This critical piece of legislation is tion with the Administrator for Federal Pro- by the myriad ways that government the direct result of consensus-building agencies have time and again egre- curement Policy, shall develop courses con- and compromise, and continues the bi- cerning proper classification of business con- giously failed to meet the vast major- cerns and small business size and status for partisan tradition of the Small Busi- ity of their small business statutory purposes of Federal contracts, subcontracts, ness Committee. I also wish to thank ‘‘goaling’’ requirements. It is uncon- grants, cooperative agreements, and cooper- Chair LANDRIEU for her partnership scionable that the statutory goal for ative research and development agreements. with me in forging this truly crucial only one category of small business— (b) POLICY ON PROSECUTIONS OF SMALL measure as we work toward con- small disadvantaged businesses—has BUSINESS SIZE AND STATUS FRAUD.—Section 3 tracting parity for small business, and of the Small Business Act (15 U.S.C. 632), as been met, and that goals for the three amended by this Act, is amended by adding for her tireless leadership on all con- other programs—HUBZones, women- at the end the following: cerns confronting small businesses owned small businesses, and service- ‘‘(v) POLICY ON PROSECUTIONS OF SMALL today. disabled veterans-owned businesses— BUSINESS SIZE AND STATUS FRAUD.—Not later The Small Business Contracting Re- have never been achieved. than 1 year after the date of enactment of vitalization Act of 2010 retains critical Consider that, in 2007, small busi- this subsection, the head of each relevant procurement provisions that originate nesses were eligible for $378 billion in Federal agency and the Inspector General of in the comprehensive contracting bills the Administration shall issue a Govern- Federal contracting awards, yet re- ment-wide policy on prosecution of small I introduced or cosponsored in the ceived only $83 billion. This blatant business size and status fraud.’’. 109th and 110th Congresses which were failure to utilize small businesses, thus SEC. 404. UPDATED SIZE STANDARDS. unanimously voted out of the Small preventing them to secure their fair Not later than 1 year after the date of en- Business Committee. This particular share of Federal contracting dollars, actment of this Act, and every 5 years there- legislation will serve to minimize the has resulted in firms losing billions of after, the Administrator shall— use of contract bundling and consolida- dollars in contracting opportunities. (1) conduct a detailed review of the size tion of contracts by the Federal Gov- But 23 percent is only a base goal—we standards for small business concerns estab- ernment, and increase the ability of lished under section 3(a)(2) of the Small must strive to exceed it, not just meet Business Act (15 U.S.C. 632(a)(2)); small businesses to fairly compete for it. (2) make appropriate adjustments to size such contracts through a host of key In the last two years alone, the standards under that section to reflect mar- improvements, including allowing Small Business Committee has held nu- ket conditions; and small businesses to join together in merous hearings and roundtables to (3) make publically available information teams to bid on certain procurement identify and explain small business’ regarding— opportunities. Additional requirements contracting concerns. In addition, the (A) the factors evaluated as part of the re- will help to ensure prompt payment GAO and the Small Business Adminis- view conducted under paragraph (1); and from prime contractors to subcontrac- (B) the criteria used for any revised size tration’s Inspector General have issued standards promulgated under paragraph (2). tors, and make it easier for the Federal multiple reports addressing small busi- SEC. 405. STUDY AND REPORT ON THE MENTOR- Government to prosecute businesses ness Federal contracting deficiencies. PROTEGE PROGRAM. who fraudulently identify themselves Our legislation builds on the con- (a) IN GENERAL.—The Comptroller General as small companies. tracting provisions of previous Small of the United States shall conduct a study of Since the mid-1990s, with the enact- Business Committee contracting bills the mentor-protege program of the Adminis- ment of acquisition streamlining re- by endowing the SBA with additional tration for small business concerns partici- forms and the downsizing of the Fed- pating in programs under section 8(a) of the tools to meet the demands of an ever- Small Business Act (15 U.S.C. 637(a)), and eral procurement workforce, small changing 21st century contracting en- other relationships and strategic alliances businesses have faced a litany of hur- vironment. pairing a larger business and a small busi- dles that have deprived them of Fed- That said, I am greatly encouraged ness concern partner to gain access to Fed- eral contracting dollars. One such im- by the latest statistics relating to Fed- eral Government contracts, to determine pediment is contract bundling which eral contracting dollars awarded to whether the programs and relationships are takes contracting opportunities out of small businesses from the funds appro- effectively supporting the goal of increasing the hands of deserving small businesses priated under the American Recovery the participation of small business concerns by grouping numerous small contracts and Reinvestment Act, ARRA. Prelimi- in Government contracting. (b) MATTERS TO BE STUDIED.—The study and bundling them into one large nary reports show that, as of February conducted under this section shall include— award. Ill-equipped to manage the de- 1, 2010, small businesses have received (1) a review of a broad cross-section of in- mands of these consolidated awards over 29 percent of the ARRA Federal dustries; and due to a lack of resources, small busi- contracting dollars, well-exceeding the (2) an evaluation of— ness owners again find themselves imposed 23 percent statutory goal. This (A) how each Federal agency carrying out crowded out of the Federal contracting begs the question, if the Federal gov- a program described in subsection (a) admin- process. Consequently, the bipartisan ernment can not only meet but exceed isters and monitors the program; measure we are introducing today re- (B) whether there are systems in place to these requirements for the Recovery ensure that the mentor-protege relationship, flects the recommendations made by Act, why can’t these goals be met year or similar affiliation, promotes real gain to the Government Accountability Office, in and year out? The simple answer is the protege, and is not just a mechanism to GAO, to impose stricter reviews and they can. I am hopeful that this admin- enable participants that would not otherwise more comprehensive reporting of bun- istration will make a conscious effort qualify under section 8(a) of the Small Busi- dled contracts, encourages small busi- to reverse the government-wide failure ness Act (15 U.S.C. 637(a)) to receive con- ness teaming to bid on larger con- to meet small business goals on a con- tracts under that section; and tracts, and promotes Federal agency sistent basis. (C) the degree to which protege businesses publishing and use of best practices. I am confident that this legislation become able to compete for Federal con- tracts without the assistance of a mentor. Additional obstacles to successful will result in the changes necessary to (c) REPORT TO CONGRESS.—Not later than small business contracting include reduce fraud and waste while paving 180 days after the date of enactment of this ‘‘bait and switch’’ tactics used by the way for the Federal government to

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.027 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S491 maximize the use of America’s innova- plants and it especially affects women the atmosphere into microscopic fine par- tive small businesses in the con- and children. Nationwide, EPA esti- ticles that can lodge deep in the lungs—and tracting arena. Again, I want to recog- mates this bill will save more than increase the risk of dying early, trigger heart attacks, strokes, and may cause lung nize Senator LANDRIEU for her leader- 215,000 lives and more than $2 trillion cancer. ship in this matter, and for her con- in health care costs by 2025. 2. Nitrogen oxides (NOX) are the key con- tinuing commitment to the small busi- In our State, we are privileged to tributor to ozone smog, which causes res- ness community. have the most visited national park in piratory illness and harms crops and eco- America, the Great Smoky Mountains systems. By Mr. CARPER (for himself, Mr. National Park—we are intensely proud 3. Mercury is a neurotoxin. High exposure ALEXANDER, Ms. KLOBUCHAR, of it. But we want the 10 million tour- to mercury can harm the brain, heart, kid- Ms. COLLINS, Mrs. FEINSTEIN, ists who come there every year to see neys, lungs and immune systems, especially Mr. GREGG, Mrs. SHAHEEN, Mr. the blue haze that the Cherokee Indi- in children and pregnant women. Also harms GRAHAM, Mr. KAUFMAN, Mr. ans used to sing about, not the smog crops, wildlife, and streams. SCHUMER, Mr. LIEBERMAN, and that is produced by dirty air blowing What this bill does: Ms. SNOWE): Codifies the Clean Air Interstate Rule into our State and some of the dirty (CAIR) for 2010 and 2011—setting SO and S. 2995. A bill to amend the Clean Air air that we produce. 2 NOX standards for eastern states. Act to establish a national uniform Finally we have become an auto- multiple air pollutant regulatory pro- Strengthens national limits on emissions mobile State. When auto parts sup- of SO2 and NOX from power plants and cre- gram for the electric generating sector; pliers move to Tennessee and want to ates new trading systems that will enable to the Committee on Environment and locate near the Nissan plant or near cost-effective reductions of these two pollut- Public Works. the Volkswagen plant, one of the first ants. Mr. ALEXANDER. Mr. President, things they have to do is to get a clean Directs EPA to cut mercury emissions at today Senator CARPER and I have air permit. Our State simply cannot least 90% through the best available tech- nology. joined with Senators KLOBUCHAR, COL- clean up our air all by ourselves with- LINS, GREGG, KAUFMAN, GRAHAM, FEIN- Why it is needed— out strong national standards to re- Jobs: Clean air targets promote job cre- STEIN, SHAHEEN, SCHUMER, LIEBERMAN, quire the rest of the country to stop and SNOWE to introduce the Clean Air ation in engineering, construction, and man- producing dirty air that blows into our ufacturing of advanced clean air tech- Act Amendments of 2010. State. So for Tennesseans this is about This bill is about clean air and the ef- nologies. Targets help communities meet air our health, about our tourism and our quality standards, so new manufacturers can fect of sulfur dioxide, nitrogen oxides, mountains, and this is about our jobs. get clean air permits, build new facilities, and mercury emissions of coal-fired The Environmental Protection Agen- and hire new workers. power plants on health, jobs, and tour- cy says the bill will only cost elec- In Chattanooga, Tennessee, for example, it ism. This bill does not address carbon tricity consumers about 1.5 percent to will allow more auto part suppliers to build facilities near the new Volkswagen plant and emissions. 2.5 percent increases in their utility To me the most important aspect of employ thousands of Tennesseans. bills by 2020. This may only be about $2 this bill is that for the very first time Health: Cleaner air means residents are a month per customer. I think $2 a it puts into federal law requirements less likely to have chronic lung disease, month is worth it for savings of $2 tril- that we cut mercury emissions by 90 asthma, or lung cancer. lion in health care costs. percent from coal plants, which Nationwide, EPA estimates this bill will In summary, this bill helps save hun- save more than 215,000 lives and more than $2 produce 50 percent of our electricity dreds of thousands of lives, saves tril- trillion in health care costs by 2025. today. lions of health care dollars, enables In Tennessee, 400,000 Tennesseans with This bill will reduce sulfur dioxide, asthma are at a daily risk due to poor air nitrogen oxides, and mercury emissions communities to meet new EPA air quality requirements and create new quality. from power plants by directing EPA to In Delaware, over 18,000 children with asth- cut mercury emissions at least 90 per- jobs, and protects the scenic beauty of ma are living in areas of poor air quality. cent through the best available tech- some of our greatest natural treasures. Tourism: Millions of people a year visit the nology and strengthening national lim- Cleaner air is something we can all Great Smoky Mountains National Park to its on emissions of sulfur dioxide and support and I ask my colleagues to join see the ‘‘Blue Haze’’ not the smog from dirty nitrogen oxides from power plants with Senator CARPER and me in this effort. air. Tennessee has over 85 million tourists Mr. President, I ask unanimous con- visit the state each year, generating over $14 new trading systems that will enable billion for the State of Tennessee. cost-effective reductions of these two sent that a description of the bill be printed in the RECORD. Certainty: Clear targets provide certainty pollutants. for pubic health protection and for power For Tennesseans this is a bill about There being no objection, the mate- rial was ordered to be printed in the sector investment. Predictability allows our health, it is about tourism in our companies to find the most cost-effective State and it is about our jobs. RECORD, as follows: ways to employ clean air technologies. 400,000 Tennesseans have asthma that CLEAN AIR ACT AMENDMENTS OF 2010 How it works: Through the use of emis- is affected by the dirty air in our state. TO REDUCE SULFUR DIOXIDE, NITROGEN OXIDES, sions control equipment, such as ‘‘scrubbers’’ Sulfur dioxide and nitrogen oxides can AND MERCURY EMISSIONS FROM POWER PLANTS on smokestacks, and other technologies, the trigger asthma attacks and cause Sponsors and Cosponsors: Carper, Alex- bill would require utilities to: chronic lung problems. 400,000 Ten- ander, Klobuchar, Collins, Gregg, Kaufman, Cut SO2 emissions by 80 percent (from 7.6 million tons in 2008 to 1.5 million tons in nesseans with asthma are at a daily Graham, Feinstein, Shaheen, Schumer, Lieberman, Snowe. 2018). risk due to poor air quality. Background on the Pollutants: Cut NO , emissions by 53 percent (from 3 The more we learn about mercury X 1. Sulfur dioxide (SO2) is a gas that can million tons in 2008 to 1.6 million tons in the more we understand that it gets in quickly trigger asthma attacks, but is most 2015). our food supply, it gets in our water dangerous as one of the primary raw ingredi- Cut mercury emissions by at least 90 per- supply, some of it comes from our coal ents in particle pollution. SO2 converts in cent no later than 2015. CLEAN AIR ACT AMENDMENTS OF 2010

Clean Air Act Amendments of 2010

Sulfur Dioxide ...... Codifies CAIR for 2010 and 2011. National Caps Beginning in 2012—3.5 million tons emission cap. Beginning in 2015—2.0 million tons emission cap. Beginning in 2018—1.5 million tons emission cap. Builds on Acid Rain national trading program. Nitrogen Oxide ...... Codifies CAIR for 2010 and 2011. National Caps Beginning in 2012—1.79 million tons emission cap. Beginning in 2015—1.62 million tons emission cap. Creates two regional trading programs—for the East and the West. Mercury ...... Directs EPA to cut mercury emissions from coal plants by at least 90% by 2015 through maximum available control technology enforcement.

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.032 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S492 CONGRESSIONAL RECORD — SENATE February 4, 2010 CLEAN AIR ACT AMENDMENTS OF 2010—Continued

Clean Air Act Amendments of 2010

Carbon Dioxide ...... Not included in this legislation.

By Ms. COLLINS (for herself, Mr. 550 also directs the Secretary of Home- partment required the preparation and PRYOR, Mr. VOINOVICH, and Ms. land Security to review and approve submission of security vulnerability LANDRIEU): those vulnerability assessments and assessments. These assessments en- S. 2996. A bill to extend the chemical site security plans and to audit and in- abled the Department to identify more facility security program of the De- spect covered chemical facilities for accurately each facility’s risk and, partment of Homeland Security, and compliance with the performance thus, to assign final risk tier rankings. for other purposes; to the Committee standards. It also permits the Sec- Based on these final tier rankings, on Homeland Security and Govern- retary to shut down covered facilities these facilities must develop site secu- mental Affairs. that are non-compliant. rity plans and submit to inspections or Ms. COLLINS. Mr. President, the law In April 2007, the Department pub- audits to ensure their compliance. granting the Federal Government, for lished interim final rules, known as the The men and women of the Depart- the first time, the authority to regu- Chemical Facilities Anti-Terrorism ment have processed a tremendous late the security of the nation’s high- Standards, CFATS, setting forth the amount of information in a relatively est risk chemical facilities is due to ex- requirements that high-risk chemical short period of time. According to the pire at the end of this fiscal year. facilities must meet to comply with Department, since establishing CFATS, Given the success of this law and its the law. Among other things, CFATS it has reviewed almost 38,000 Top- vital importance to all Americans, I establishes 18 risk-based performance Screen submissions and notified more am introducing legislation today with standards which facilities must meet than 7,000 facilities of their high-risk Senators PRYOR, VOINOVICH, and to be in compliance with the law. designations and preliminary tiers. LANDRIEU to reauthorize it. These standards cover items such as se- As of December 2009, CFATS covered The U.S. is home to an astonishing curing the perimeter and critical tar- only 6,000 facilities. Some facilities number of facilities that manufacture, gets, controlling access, deterring the closed; others made material modifica- use, or store chemicals for legitimate theft of potentially dangerous chemi- tions that altered their risk profile. Of purposes. From pharmaceuticals to cals, and preventing internal sabotage. those remaining, the Department has cosmetics, soaps to plastics and all CFATS, however, does not dictate assigned final tiers to almost 3,000—in- manner of industrial, construction, and specific security measures. Instead, the cluding all of the facilities in Tiers 1 agricultural products, chemicals en- law allows chemical facilities the flexi- and 2—and is now reviewing their site able the manufacture of more than bility to choose the security measures security plans. 70,000 products that improve the well- or programs that the owner or operator Although the Department remains in being of the American people. of the facility decides would best ad- the midst of implementing CFATS, it dress the particular facility and its se- The chemical industry is enormous, has generally received positive reviews curity risks, so long as these security diverse, and vital to the American for its work. The private sector has be- measures satisfy the Department’s 18 economy. It approaches half a trillion come a partner in the program’s suc- performance standards. dollars annually in sales. It is one of Since publishing CFATS in 2007, the cess. The collaborative nature of the our largest exporters, with exports to- Department has worked aggressively program has been praised by many ex- taling $174 billion annually. It directly and diligently on implementation. The perts as a model for security-related employs more than 850,000 people na- Department has hired and trained more regulation. tionwide and supports millions more than 100 chemical facility field inspec- Notwithstanding the Department’s indirectly. tors and headquarters staff. Indeed, by success in administering the CFATS These facilities are vital parts of our the end of Fiscal Year 2010, the Depart- program and the considerable costs economy and society. But, to our en- ment hopes to employ more than 260 that facilities have incurred in com- emies, they can be potential chemical CFATS staff. And, to date, the Depart- plying with it, some now want to weapons. Like the airliners of Sep- ment has received over $200 million in ‘‘swap horses in midstream’’ by radi- tember 11th, it would only take an at- funding to support CFATS. cally overhauling the law. tack on a few, or even one, to cause a Given the daunting challenges of es- Indeed, in November 2009, the House horrifying loss of life. tablishing such a comprehensive regu- of Representatives passed legislation In 2005, as Chairman of the Homeland latory program from scratch, the De- that would dramatically alter the na- Security and Governmental Affairs partment wisely decided to implement ture of CFATS, requiring the Depart- Committee, I held a series of hearings CFATS in phases, beginning with those ment to completely rework the pro- to examine the terrorist threat to the facilities presenting the very highest gram and stop its considerable nation’s chemical facilities and the security risks. progress—dead in its tracks. Among devastating consequences that could To determine which facilities pre- other things, the House bill would di- arise from a successful attack. As a re- sented the highest risks, the Depart- rect the Secretary of Homeland Secu- sult of those hearings, I introduced ment first required chemical plants rity to establish new risk-based per- comprehensive, bipartisan legislation that possessed certain threshold quan- formance standards, require covered to provide the Department of Home- tities of specified chemicals to com- chemical facilities in Tiers 1 and 2 to land Security with the authority nec- plete an online security assessment— implement so-called ‘‘inherently safer essary to set and enforce security called ‘‘Top-Screen.’’ Based on the Top- technology’’, IST, and allow third- standards at high-risk chemical facili- Screen and any other available infor- party lawsuits against the Department ties in the U.S. That bill formed the mation, the Department then over CFATS implementation. basis for chemical security legislation ascertained whether a facility ‘‘pre- Unfortunately, Mr. President, the signed into law in 2006 as part of the sented a high level of security risk’’ changes proposed by the House will in Department of Homeland Security Ap- and preliminarily divided such facili- no way enhance the nation’s security. propriations Act, 2007. ties into four tiers of escalating risk. They will, however, impose unneces- Specifically, section 550 requires the While all covered facilities must sat- sary and costly burdens on the econ- Department to issue rules requiring all isfy the Department’s performance omy and destroy the collaborative pub- high-risk chemical facilities to conduct standards, the security measures suffi- lic-private partnership critical to vulnerability assessments, develop site cient to meet them are more robust for CFATS’ success. security plans to address identified those facilities in the higher tiers, such The House provision that would vulnerabilities, and implement protec- as Tiers 1 and 2. allow the Department to mandate that tive measures necessary to satisfy risk- For chemical facilities that qualified certain chemical facilities implement based performance standards. Section as ‘‘preliminarily high risk,’’ the De- IST is an example. IST is an approach

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.052 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S493 to process engineering involving the In fact, the evidence is quite compel- Park Service, the United States Fish use of less dangerous chemicals, less ling that many chemical facilities, and Wildlife Service, and the Forest energetic reaction conditions, or re- based on an assessment of many com- Service to respond to violations of reg- duced chemical inventories. It is not, plex factors, have already taken steps ulations regarding the management, however, a security measure. And be- to avoid the use, storage, and handling use, and protection of public lands cause there is no precise methodology of extremely dangerous chemicals in under the jurisdiction of these agen- by which to measure whether one tech- favor of safer alternative processes. cies, and for other purposes; to the nology or process is safer than another, The Department’s own data indicate Committee on Energy and Natural Re- an IST mandate may actually increase that nearly 1,000 facilities voluntarily sources. or unacceptably transfer the risk to adopted safer alternative processes. Mr. UDALL of Colorado. Mr. Presi- other points in the chemical process or Notwithstanding all of the other dent, today I am introducing a bill to elsewhere on the supply chain. changes to CFATS passed by the improve the management our public For example, it is my understanding House, the mandatory IST requirement lands by increasing the fines and pen- that after careful evaluations of the itself will bring CFATS to a screeching alties associated with violations of available alternatives, many drinking halt. This is neither necessary nor law—and regulation—governing the use water utilities have determined that wise. Congress should not dictate spe- of these lands. gaseous chlorine remains their best cific industrial processes under the Throughout the west, and especially and most effective drinking water guise of security when a facility may in Colorado, increased growth and de- treatment option. Their decisions were choose other alternatives that meet velopment has resulted in an expanded not based solely on financial cost con- the Nation’s security needs. use and enjoyment of our public lands. siderations, but also on many other That is precisely why Senators These uses have, in some cases, factors, such as the characteristics of PRYOR, VOINOVICH, LANDRIEU, and I are stressed the capacity of the public land the region’s climate, geography, and introducing the Continuing Chemical agencies to adequately control and source water supplies, the size and lo- Facilities Antiterrorism Security Act manage such uses. As a result, many of cation of the utility’s facilities, and of 2010. Instead of directing the Depart- our public lands are being damaged. the risks and benefits of gaseous chlo- ment to start again from scratch, our While most users are responsible and rine use compared to those inherent legislation would reauthorize section law-abiding, some either knowingly or with the use of alternative treatment 550 for five more years. Such an exten- inadvertently violate these rules and processes. sion would provide the Department damage these precious natural re- According to one water utility lo- with sufficient time to fully implement sources, which harms wildlife, in- cated in an isolated area of the North- the CFATS program in its current creases run-off and sediment loading in west, if Congress were to force it to re- form. It would also provide a stable rivers and streams, diminishes the en- place its use of gaseous chlorine with regulatory environment to encourage joyment of other users, and impacts sodium hypochlorite, then the utility chemical innovation and industry con- sensitive high-alpine tundra, desert would have to use as much as seven fidence. soils, and wetlands. In addition, as we times the current quantity of treat- Our legislation also contains two im- have seen over the past decade, the ment chemicals to achieve comparable provements, both of which are based on careless use of fire can catastroph- water quality results. In turn, the util- similar provisions from the Security ically damage homes and habitat, and ity would have to arrange for many and Accountability For Every, SAFE, can result in the tragic loss of life. more bulk chemical deliveries, by Port Act of 2006. The first would direct Often times, when these violations trucks, into the watershed. The greater the Secretary to establish a voluntary occur, the federal public land agencies quantities of chemicals and increased Chemical Security Training Program do not have the authority to charge frequency of truck deliveries would to enhance the capabilities of Federal, fines commensurate with the damage heighten the risk of an accident result- State, and local governments, chemical that results. For example, under the ing in a chemical spill into the water- industry personnel, and governmental Federal Land Policy and Management shed. In fact, the accidental release of and nongovernmental emergency re- Act of 1976, the Bureau of Land Man- sodium hypochlorite into the water- sponse providers to prevent, prepare agement is limited to a fine of $1,000 no shed would likely cause greater harm for, respond to, mitigate against, and matter how great the damage. That to soils, vegetation and streams than a recover from acts of terrorism, natural figure has remained unchanged for a gaseous chlorine release in this remote disasters, and other emergencies that quarter of a century, and does not re- area. Because the facility is so isolated could affect chemical facilities. The flect the fact that in many cases the from population centers, the gas re- second would create a voluntary pro- damage from violations will cost thou- leased in the event of an accident gram to test and evaluate these capa- sands more to repair. would almost certainly dissipate before bilities. The bill I am introducing today reaching populated areas. Not only is the chemical industry would provide for increased fines for Forcing chemical facilities to imple- vital to our country’s economy, but such knowing violations to $100,000, ment IST could wreak economic havoc also it is the linchpin to the important and possible imprisonment, and for on some facilities and affect the avail- advancements and innovations in crit- other non-willful violations to $5,000. ability of products that all Americans ical fields such as science, technology, The bill is similar to one that I cospon- take for granted. For instance, accord- agriculture, medicine, and manufac- sored in previous Congresses. The need ing to October 2009 testimony by the turing. for this legislation was demonstrated Society of Chemical Manufacturers and As one of the co-authors of the first by incidents in several states, includ- Affiliates before the House Committee chemical security law, no one is more ing some in Colorado. on Energy and Commerce, mandatory conscious than I am of the risks that For example, in the summer of 2000, IST would negatively restrict the pro- attacks on chemical facilities pose to two recreational off-road vehicles ig- duction of pharmaceuticals and micro- the nation. The Department has done a nored closure signs while four-wheel electronics, unnecessarily crippling remarkable job developing a com- driving on Bureau of Land Manage- those industries. prehensive chemical security program. ment land high above Silverton, CO. As Moreover, the increased cost of a If our true intent is to secure high- a result, they got stuck for five days on mandatory IST program could encour- risk facilities, then it is incumbent a 70 percent slope at 12,500 feet along age chemical companies to transfer upon Congress to allow the Department the flanks of Houghton Mountain. their operations overseas, costing to continue doing its job implementing At first, they abandoned their vehi- thousands of American jobs. CFATS. cles. Then, they returned with others To be clear, some owners and opera- to pull them out of the mud and off the tors of chemical facilities will want to By Mr. UDALL, of Colorado: mountain. The result was significant use IST. But the decision to implement S. 2999. A bill to provide consistent damage to the high alpine tundra, a IST should be that of the owner or op- enforcement authority to the Bureau delicate ecosystem that may take erator, not a Washington bureaucrat. of Land Management, the National thousands of years to recover. As noted

VerDate Nov 24 2008 03:56 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.048 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S494 CONGRESSIONAL RECORD — SENATE February 4, 2010 in a Denver Post story about this inci- hancement, Public Education, and In- a recent article published in The New dent, ‘‘alpine plant life has evolved to formation Resources Act or the Fed- York Times, it was reported that withstand freezing temperatures, near- eral Land REPAIR Act, which I have Americans spent almost $24 billion on ly year-round frost, drought, high introduced this session with my col- dietary supplements last year. Close to winds and intense solar radiation, but league Senator BENNET. S. 720 would $3 billion of that total is estimated to it’s helpless against big tires.’’ authorize the Secretary of the Interior have come from manufactures that fre- Despite the extent of the damage, the and the Secretary of Agriculture to quently advertise their products as al- violators were only fined $600 apiece— apply any funds acquired from viola- ternatives to anabolic steroids, which hardly adequate to restore the area, or tions to the area that was damaged or are used for increasing muscle mass to deter others. affected by such violations, and to in- and strength. Another example was an event in the crease public awareness of the need for The current regulatory process does mountains near Boulder, CO, that be- proper recreational use of our federal not adequately address the problem. came popularly known as the lands. Manufactures of dietary supplements ‘‘mudfest.’’ With the increase in fines established are not required to demonstrate that Two Denver radio personalities an- by this bill, along with the authoriza- their product is safe and effective be- nounced that they were going to take tion to apply these funds to restoring fore it is offered for sale to the public. their off-road four-wheel drive vehicles damaged lands under the REPAIR Act, The dietary supplement industry is one for a weekend’s outing on an area of these public land agencies could re- that is mostly self-regulated. However, private property along an existing ac- store address impacts on these public manufacturers have failed to disclose cess road used by recreational off-road lands. Specifically, these bills would to their customers key ingredients vehicles. Their on-air announcement allow the public land agencies to repair that may harm a consumer’s health. For this reason, the proposed bill resulted in hundreds of people showing damaged wildlife habitat, replant wet- would require manufacturers to reg- up and driving their vehicles in a sen- land vegetation, re-vegetate scarred ister the locations they manufacture sitive wetland area, an area that is lands, repair trails, roadways, and em- prime habitat of the endangered boreal these supplements, the products they bankments to stem erosion and restore are making, and disclose the ingredi- toad. As a result, seven acres of wet- riparian ecosystems, and install bar- ents found in their products with the land were destroyed and another 18 riers and other security measures to FDA. Furthermore, dietary supplement acres were seriously damaged. Esti- help deter violations in the first place. companies would be required to provide mates of the costs to repair the damage Together, these bills can go a long a 75 day pre-market notice to the FDA ranged from $66,000 to hundreds of way to giving the federal public land not only for New Dietary Ingredients, thousands of dollars. agencies the tools they need to better but for all products containing Most of the ‘‘mudfest’’ damage oc- protect and restore these sensitive and steroids, including hormones, pro-hor- curred on private property. However, critical lands for the use and enjoy- mones, and hormone analogues, and to get to those lands the off-road vehi- ment for generations to come. I ask my must establish that the product is safe cle users had to cross a portion of the colleagues to support this bill. for its intended use. Arapaho-Roosevelt National Forest— Lastly, the proposed legislation pro- By Mr. MCCAIN (for himself and but the Forest Service only assessed a vides the FDA with mandatory recall Mr. DORGAN): $50 fine to the two radio disc jockeys authority if a product is found to be S. 3002. A bill to amend the Federal for not securing a special use permit to unsafe or harmful. Had this provision Food, Drug, and Cosmetic Act to more cross the lands. been in place earlier, the FD might not effectively regulate dietary supple- Again, this fine is not commensurate have taken 10 years to ban ephedra, a ments that may pose safety risks un- to the seriousness of the violation or dietary ingredient that accounted for known to consumers; to the Committee the damage that ensued, and is an inef- 64 percent of all adverse reactions in fective deterrent for future similar be- on Health, Education, Labor, and Pen- 2001, despite accounting for 1 percent of havior. sions. all total dietary supplement sales. It Mr. MCCAIN. Mr. President, today I These are but two examples. And has been reported that use of ephedra am pleased to introduce the Dietary these violations are not just limited to contributed to the deaths of Baltimore off-road vehicle use. Regrettably, there Supplement Safety Act of 2010 with my Orioles pitcher Steve Bechler and Min- have been many more such examples colleague Senator DORGAN. This bill nesota Vikings player Korey Stringer. not only in Colorado but also through- would strengthen the Food and Drug Sadly and unfortunately, there are nu- out the west from a range of public Administration’s, FDA, regulation of merous stories of amateur athletes who land uses. These examples underscore dietary supplements to ensure the safe- took this supplement and experienced the nature of the problem that this bill ty of the millions of Americans who serious health problems. would address. If we are to deter such use them daily. The proposed legisla- Legitimate dietary supplement com- activity and recover the damaged tion would require manufacturers of di- panies should have nothing to fear lands, we need to increase the authori- etary supplements to register with the from this legislation. These additional ties of the federal public land agencies. FDA and disclose a full list of ingredi- requirements are critical to the FDA’s My bill would do just that. Specifi- ents contained in each supplement. ability to evaluate the safety of par- cally, it would amend the Federal Currently, these companies do not have ticular dietary ingredients and to Lands Policy and Management Act and to submit such information before quickly identify and notify all dietary other relevant laws governing the For- their products are offered for sale to supplement manufacturers and con- est Service, the National Park Service, consumers. sumers of ingredients with known safe- and the Fish and Wildlife Service to A little over a year ago the NFL sus- ty risks. People’s lives and dreams authorize these agencies to assess pended six players, including two play- have been significantly impacted by il- greater fines on those who violate laws ers from one of the teams competing legitimate supplements. The purpose of and regulations governing the use of this Sunday, for violating the league’s the bill is not to create a sweeping reg- these special lands. The bill would au- anti-doping policy. Several of the play- ulatory structure, but instead a tar- thorize the Secretary of the Interior ers were surprised that they tested geted structure that provides for open- and the Secretary of Agriculture to as- positive for a banned substance because ness, transparency and safety. All sess up to $100,000 in fines, or up to 12 they used a dietary supplement they Americans should know the ingredients months in jail, or both, for violations believed to be safe and legal. Addition- of any dietary supplement they use and of these laws and regulations. In addi- ally, a recent GAO study, GAO–09–250, the FDA must have the tools necessary tion, the bill establishes that any reck- found that a record number of young to ensure the safety of all Americans. less use of fire on these public lands Americans are using dietary supple- I am proud that this legislation is shall be punishable by fines of no less ments naively believing these supple- supported by all the major sports than $500. ments are safe and approved by the leagues, including Major League Base- This bill augments another bill, S. FDA for sale. However, FDA does not ball, the National Basketball Associa- 720, the Federal Land Restoration, En- have a pre-market approval process. In tion, the National Football League,

VerDate Nov 24 2008 01:51 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.042 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S495 and the National Hockey League. Addi- new parents before they leave the hos- vada, Miranda Raymond from Pennsyl- tionally, the legislation is supported by pital, reducing the number of shaken vania, Taylor Rogers from Illinois, Cas- the United States Anti-Doping Agency, baby incidents in the area by nearly 50 sandra Castens from Arizona, Gabriela the United States Olympic Committee, percent. Poole from Florida, Amber Stone from the American College of Sports Medi- In Connecticut, a multifaceted pre- New York, Bennett Sandwell from Mis- cine, National College Athletic Asso- vention approach involving hospitals, souri, Jamison Carmichael from Flor- ciation, NCAA, and the PGA Tour. I schools, childcare providers, and com- ida, Margaret Dittman from Texas, hope my colleagues will join these or- munity-based organizations in aware- Dalton Fish from Indiana, Stephen ganizations in supporting this needed ness and training activities, including Siegfried from Texas, Kaden Isings legislation. home visits and targeted outreach, has from Washington, Joseph Wells from raised awareness and encouraged pre- Texas, Dawson Rath from Pennsyl- By Mr. DODD: vention across the state. Hospitals in vania, Macie McCarty from Minnesota, S. 3003. A bill to enhance Federal ef- many states educate new parents about Jake Belisle from Maine, Benjamin forts focused on public awareness and the dangers of shaking a baby, yet it is Zentz from Michigan, Chloe Salazar education about the risks and dangers estimated that less than 60 percent of from New Mexico, Madison Musser of associated with Shaken Baby Syn- parents of newborns receive informa- Oklahoma, Daniel Carbajal from Texas, drome; to the Committee on Health, tion about the dangers of shaking a Nykkole Becker from Minnesota, Education, Labor, and Pensions. baby. Without more outreach, edu- Gianna D’Alessio from Rhode Island, Mr. DODD. Mr. President, today I cation, and training, the risk of Shak- Brynn Ackley from Washington, rise to introduce the Shaken Baby Syn- en Baby Syndrome will persist. Rachael Kang from Texas, John drome Prevention Act of 2010, impor- With the introduction of the Shaken Sprague from Maryland, Ryan Sanders tant legislation that promotes aware- Baby Syndrome Prevention Act of 2010, from Virginia, David Sedlet from Cali- ness and prevention of Shaken Baby I hope to reduce the number of children fornia, Reagan Johnson from Virginia, Syndrome/Abusive Head Trauma, a injured or killed by abusive head trau- Skipper Lithco from New York, devastating form of child abuse that ma, and ultimately to eliminate Shak- Brittney Sheets from New York, results in the severe injury, disability en Baby Syndrome. Our initiative pro- Madilyne Wentz from Missouri, or death of hundreds of children each vides for the creation of a public health Nicolette Klinker from Colorado, year. campaign, including development of a Brianna Moore from West Virginia, Child abuse and neglect is a well-doc- National Action Plan to identify effec- Shania Maria from Massachusetts, umented tragedy for some of our tive, evidence-based strategies for pre- Dayton Jones from Pennsylvania, youngest and most vulnerable citizens. vention and awareness of SBS, and es- Breanna Sherer from California, Eve- According to the National Child Abuse tablishment of a cross-disciplinary ad- lyn Biondo from New York, Kenneth and Neglect Data System, NCANDS, visory council to help coordinate na- Hardy from Pennsylvania, Alexis 794,000 children were victims of abuse tional efforts. Vazquez from Florida, Joshua True and neglect in 2007. Babies are particu- The campaign will educate the gen- from Washington, Stephen David from larly vulnerable; in 2007, children aged eral public, parents, child care pro- California, Michael Blair from Arkan- 12 months or younger accounted for viders, health care professionals and sas, Olivia Thomas from Ohio, Kaleb nearly 40 percent of all child abuse and others about the dangers of shaking, as Schwade from Florida, Aiden Jenkins neglect fatalities and children aged 4 well as healthy preventative ap- from Pennsylvania, Isabella Clark from years and younger accounted for al- proaches for frustrated parents and Pennsylvania, Aaron Cherry from most 77 percent. Yet even these dis- caregivers coping with a crying or Texas, Dominic Morelock from Ohio, turbing statistics may not paint an ac- fussy infant. The legislation ensures Emmy Cole from Maine, Chelsea curate picture; most experts agree that support for families who have been af- Forant from Massachusetts, Joshua child abuse is widely under reported. fected by SBS, and for families and Cross from Ohio, Gavin Calloway from Abusive head trauma, including caregivers struggling with infant cry- Maryland, Christopher Daughtrey from Shaken Baby Syndrome, is the leading ing, through a 24-hour hotline and an North Carolina, McKynzee Goin from cause of death of physically abused informational website. All of these ac- Oregon, Bryce McCormick from Flor- children, in particular for infants tivities are to be implemented through ida, and many other innocent lives lost younger than one. When a frustrated the coordination of existing programs or damaged, I look forward to working caregiver loses control and violently and/or the establishment of new ef- with my colleagues to see that this leg- shakes a baby or impacts the baby’s forts, to bring together the best in cur- islation becomes law so that we can ex- head, the trauma can kill the child or rent prevention, awareness and edu- pand efforts to eradicate Shaken Baby cause severe injuries, including loss of cation practices to be expanded into Syndrome. vision, loss of hearing, brain damage, areas in need. Awareness is absolutely By Mr. BROWN: paralysis, and/or seizures, resulting in critical to prevention. Families, profes- S. 3004. A bill to require notification lifelong disabilities and creating pro- sionals and caregivers responsible for to and prior approval by shareholders found grief for many families. infants and young children and must of certain political expenditures by Far too many children have experi- learn about the dangers of violent publicly traded companies, and for enced the horrible devastation of Shak- shaking and abusive impacts to the other purposes; to the Committee on en Baby Syndrome. A 2003 report in the head. Banking, Housing, and Urban Affairs. Journal of the American Medical Asso- Additionally, this bill will include a Mr. BROWN of Ohio. Mr. President, ciation estimates that as a result of study to identify the current data col- last month, the Supreme Court ruled Shaken Baby Syndrome, an average of lected on Shaken Baby Syndrome and that corporations, U.S. or multi- 300 U.S. children will die each year, and examine the feasibility of collecting national, are equivalent to people and 600 to 1,200 more will be injured, of uniform, accurate data from all states should be able to spend an unlimited whom 2/3 will be infants younger than regarding the incidence rates of Shak- amount of company money on political one. Medical professionals believe that en Baby Syndrome, the characteristics campaigns. thousands of Shaken Baby Syndrome of perpetrators, and the characteristics I bet the framers of our constitution cases are misdiagnosed or undetected, of victims. It is my hope that having could not only tell the difference be- as many children do not immediately this information will enable us to bet- tween businesses and people, but could exhibit obvious symptoms after the ter reach those who may be at risk for predict the result if businesses are per- abuse. Shaken Baby Syndrome and, thus, pre- mitted to spend without limit to elect Prevention programs can signifi- vent Shaken Baby Syndrome. their favorite politicians. cantly reduce the number of cases of On behalf of the victims of Shaken The top three Fortune 500 companies Shaken Baby Syndrome. For example, Baby Syndrome, including Cynthia brought in an average profit of more the upstate New York SBS Prevention Gibbs from New York, Hannah Juceum than $27 billion last year. The average Project at Children’s Hospital of Buf- from California, Sarah Donohue from Ohio household brought home an in- falo has used a simple video to educate New York, Kierra Harrison from Ne- come of about $48,000.

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.038 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S496 CONGRESSIONAL RECORD — SENATE February 4, 2010 If you believe our government should foreign governments should not have that existing capabilities are not a suf- be by the people and for the people— the same right to contribute to cam- ficient foundation for systemic risk flesh and blood people—then corpora- paigns as the American people, and it management. tions already have far more influence would be outrageous if they could The bill I introduce today addresses on our political process than they spend money to influence the outcome these significant weaknesses by cre- should. of the Presidential or any other race. ating the National Institute of Fi- In 2009, corporations spent $3.3 billion Americans—true, red blooded Ameri- nance, whose mission will be to support lobbying Congress to influence insur- cans—should decide who represents the community of financial regulatory ance legislation and prescription drug them in our democratic system. Billion agencies by collecting and standard- legislation and financial reform legis- dollar corporations make important izing the reporting of financial market lation and the list goes on. Now they contributions to our nation, but tilting data; performing applied and essential will be able to spend unlimited funds to our democratic system their way is not long-term research; and developing elect their favorite candidates to Con- one of them. tools for measuring and monitoring gress, getting in on the ground floor in systemic risk. the hopes that legislation they don’t By Mr. REED: The Institute would house a data like will never see the light of day. S. 3005. A bill to create an inde- center that would collect, validate and Grassroots organizations like, con- pendent research institute, to be maintain key data to perform its mis- servative organization and Families known as the ‘‘National Institute of Fi- sion, including a central database to USA, whose members are real people nance’’, that will oversee the collection map the interconnections between fi- with real concerns, will be left in the and standardization of data on finan- nancial institutions, along with details dust by the drug industry and other cial entities and activities, and con- on their transactions and positions, deep pocketed special interests. duct monitoring and other research and their valuation of their assets and The bottom-line is that our demo- and analytical activities to support the liabilities. By working with banks and cratic form of government will sit on a work of the Federal financial regu- other firms to standardize the format cushion of corporate cash. If Corporate latory agencies and the Congress; to of such data and by providing standard America wants to decide who runs our the Committee on Banking, Housing, reference data, such as databases of country, they will have a billion ways and Urban Affairs. legal entities and financial products, Mr. REED. Mr. President, today I in- to do it. the Institute would reduce the costs to troduce the National Institute of Fi- Congress has—and must exercise—its regulators and financial institutions nance Act of 2010, which would create constitutionally granted authority to from the currently fragmented and dis- an Institute to provide our financial minimize the negative impact of this organized systems used to collect and regulators with the data and analytic decision. Today, I introduced The Citi- store such information. zens Right to Know Act, legislation tools needed to prevent and contain fu- Second, the Institute would contain a that is intended to reduce the incentive ture financial crises. research and analysis center to develop for corporations to buy out the polit- By establishing this new Institute, the needed metrics and then measure ical process. It would also put a stop to my bill offers the foundation for a new and monitor systemic risk posed by in- foreign influence on U.S. elections. approach to financial regulation that To protect shareholder investments, would better protect Americans from dividual firms and markets. This new this legislation would require all the the financial storm they are currently Institute would house some of the shareholders of a corporation to vote struggling through. country’s most-well-respected re- for election spending before it happens, Over the past 18 months, we have searchers to collect and analyze the with approval by a majority of share- learned that our regulators did not data needed to understand what is hap- holders. Each shareholder would get have the appropriate tools or knowl- pening in our financial markets, to one vote per share of common stock edge to address risks that cut across conduct investigations of market dis- held. If shareholders know that mil- different markets and sectors of the fi- ruptions, and to work with regulators lions or billions in potential dividends nancial system. The recently passed to identify new and dangerous trends. are about to be spent on campaign ads, House financial regulatory reform bill It would conduct and help coordinate they may help instill some reason into and other proposals take an important applied research on financial markets the, elected, leadership of the corpora- step in filling this huge regulatory gap and systemic risk, a field that is not tions they own. by establishing centralized systemic well-represented right now at the Fed- It would also require corporate CEOs risk oversight. However, any new regu- eral Reserve or within our other regu- to do what political candidates do latory structure will be ineffective un- latory agencies. It would also develop when they pay for political advertising: less we also equip it with a strong, the metrics and tools our regulators political candidates face the camera independent, and well-funded data, re- need to measure and monitor systemic and tell the public that they sponsored search, and analytic capacity to fulfill risk and help policymakers by con- the commercial. Corporate CEOs would its mission. ducting studies and providing advice on have to do the same for their political The idea for the National Institute of the impact of government policies on advertisements. Issue organizations or Finance has been endorsed by a dedi- systemic risk. trade groups would have to disclose cated group of the Nation’s top aca- Finally, the Institute would provide their three top corporate contributors, demic researchers, economists, and independent periodic reports to Con- and to disclose funding information for statisticians—including Nobel Lau- gress on the state of the financial sys- certain radio and print ads on their reate Harry Markowitz—who recognize tem, ensuring that we are kept ap- website. Shedding sunlight on the po- that any financial regulatory reform is prised of the overall picture of our litical shenanigans of billion dollar incomplete without a much stronger markets more effectively than we have corporations may do a world of good in data, research, and analytic capability. been in the past. The domino effect dampening the effects of their spend- To further explore these issues, I caused by the recession will continue ing. asked the National Academy of to cripple Rhode Island families and Finally, the bill would close a loop- Sciences in August to study the data Americans across the country unless hole that permits foreign investors, in- and tools needed for systemic risk reg- we put in place a strong new infra- cluding foreign governments, to influ- ulation. Among the Academy’s find- structure and shore up our financial ence U.S. elections by channeling ings: that the U.S. currently lacks the markets. money through a U.S. affiliate. Any technical tools to monitor and manage I hope my colleagues will join me in company that has a 51 percent or systemic financial risk with sufficient strengthening our financial system by greater ownership stake from a foreign comprehensiveness and precision. That cosponsoring this legislation and sup- entity, be it a foreign individual, busi- market efficiency, in addition to regu- porting its passage. ness association, or government, would latory capacity, would be enhanced by Mr. President, I ask unanimous con- be prohibited from spending money to improved intelligence about what is sent that the text of the bill be printed influence. I think we can all agree that going on in the system as a whole. And in the RECORD.

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.056 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S497 There being no objection, the text of (11) The challenges of gaining access to cial officials with the information they need- the bill was ordered to be printed in data and obtaining funding from government ed. the RECORD, as follows: and industry for academic research severely (20) The creation of a system for collecting restrict the number of academics working on S. 3005 and organizing a comprehensive financial understanding and monitoring systemic risk transaction database that employs standard- Be it enacted by the Senate and House of Rep- in the financial markets. ized formats is feasible. resentatives of the United States of America in (12) Some of the largest commercial firms (21) The Enterprise Data Management Congress assembled, make substantial investments in research Council, an industry consortium, is on SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and development in the area of quantitative record as advocating both the feasibility and (a) SHORT TITLE.—This Act may be cited as finance, but such commercial research pro- desirability of bringing uniform standards to the ‘‘National Institute of Finance Act of grams are targeted almost exclusively at ap- the collection, reporting, and management 2010’’. plications that create commercial value for of financial transaction data. (b) TABLE OF CONTENTS.—The table of con- the firms undertaking the substantial in- tents for this Act is as follows: (22) A leading financial firm has developed vestments necessary to support the pro- for its internal use a system that incor- SEC. 2. FINDINGS AND PURPOSES. grams, and focus primarily on techniques for (a) FINDINGS.—Congress finds the fol- porates comprehensive reference databases pricing particular financial instruments and of all legal entities in its counterparty net- lowing: managing firm-specific risks. (1) The United States is experiencing the work and of all of the many types of finan- (13) Financial institutions that sponsor re- cial instruments in which it transacts. Using worst economic and financial crisis since the search programs usually protect the results the system, the firm can compute its expo- Great Depression. The nature of the current of investigations as commercial trade se- sure to many of their counterparties within crisis is systemic. It was set in motion not crets. Even those results that might be use- an hour. by the actions of any single entity, but by a ful in application to the analysis of systemic (23) A leading information technology firm loss of confidence throughout the financial risk are generally not available to the pub- has developed a prototype of an operational system as a whole. lic. system that would support a comprehensive (2) Such catastrophic events revealed sig- (14) No organization anywhere has access nificant shortcomings in the legal tools to the comprehensive transaction-level data database of financial instruments and trans- available to financial policymakers. The that are necessary to map the network of actions across the entire economy, and in scale and systemic nature of the crisis calls counterparty relationships in the financial collaboration with other private sector firms for a thorough review of the United States’ system. Absent such data, it is not possible and public sector entities, is in the process of system of financial regulation, to assess its to evaluate the primary counterparty risks, developing a prototype system for maintain- capacity to understand, monitor, and re- the extent to which any given firm is vulner- ing the needed system-wide reference data- spond to systemic threats. It is critical that able to the failure of one of its counterpar- bases. financial regulators have the legal tools they ties, or broader counterparty network risks. (24) The community of financial regulators need to act quickly, decisively, effectively, (15) It is not possible to understand, assess, can realize substantial benefits by consoli- and when appropriate, preemptively, to pre- or predict how the collapse of one or more dating into one entity the highly technical vent systemic financial crises in the future institutions might set off a cascade of failure tasks of establishing and maintaining uni- and to mitigate their negative impact, that destabilizes the entire financial system. form standards for reporting financial data, should they recur. (16) Without intelligence about the net- organizing and managing high-volume flows (3) The recent catastrophic events in finan- work of counterparty relationships and the of financial data, providing analytic and cial markets also revealed significant gaps liquidity provided by the members of the high performance computational services, in the information and analytic tools avail- counterparty network, it is difficult even to performing applied research and develop- able to regulators and policymakers charged identify reliably the set of institutions that ment activities, and conducting, coordi- with ensuring the health of the financial sys- regulators should deem to be systemically nating, and sponsoring essential long term, tem. important. fundamental research in the field of finan- (4) Systemic risk involves interactions (17) Notwithstanding statutory mandates cial analysis and regulatory intelligence. among financial entities in addition to fea- that call for sharing of information among (25) Such technical tasks benefit from in- tures of individual firms. Therefore, to un- regulatory agencies, United States financial creasing economies of scale, the total cost of derstand and monitor the buildup of sys- regulators do not require that firms report providing such services to the regulatory temic risk in the financial system requires data in a uniform standard format. The lack community promises to be lower if one agen- information about such interactions among of compatibility in the data formats used by cy is tasked to provide all of such data, in- institutions. different agencies implies in practice that stead of creating redundant and less effec- (5) Operational methods do not exist by agencies find it difficult and expensive to in- tive units in each of the several financial which to measure systemic risks in the tegrate data from multiple sources. regulatory agencies. United States financial system. Nor do prov- (18) In periods of financial crisis such as (26) An entity that provides access to data en operational techniques exist by which that experienced in the 2 years preceding the and analytic tools to all regulatory agencies regulators can identify the buildup of sys- date of enactment of this Act, absence of on a common basis would help to ensure that temic risks in the United States financial data comparability becomes a critical handi- all agencies are receiving accurate, con- system. cap, in that dispersed information cannot sistent, comparable data and analytic tools (6) Regulators do not have effective meth- quickly be integrated into a comprehensive that can be modified for agency-specific odologies for assessing the effects of par- framework that could help reveal the condi- needs. ticular regulatory actions or approaches on tion of the financial system as a whole. (27) The creation of an entity that creates the overall health of the financial system. Without a capacity quickly to compare and shared data and analytic services will pro- (7) Financial regulators do not have the integrate financial data of diverse types vide a natural and regular vehicle for the ex- data needed to map the networks of from multiple sources, regulators are unable change of research and collaboration be- counterparty relationships through which to analyze the state of the financial system tween regulatory agencies. systemic contagion could spread. Nor do accurately and comprehensively. Nor are (28) The emergence of uniform standards they have the analytic tools required to they able to foresee, and potentially head for referencing and reporting financial trans- translate such data into useful, actionable off, the onset of a financial crisis. actions would generate substantial benefits information. (19) The events of September 2008 offer a for the financial services industry. There is, (8) Notwithstanding noteworthy efforts sobering example of the consequences that at present, no consistent, comprehensive, from the research community, sustained, can flow from an inability quickly to inte- and universal system for coding, transmit- large-scale programs of applied research and grate financial data from diverse sources. ting, and storing financial transaction data. development necessary to create operational During several critical days in that month, Data reside typically in unconnected data- systems for understanding, measuring, and senior Government officials contemplated bases and spreadsheets, using multiple for- monitoring systemic risk in financial sys- the possible consequences of allowing the mats and inconsistent definitions. The rou- tems have not emerged. failure of Lehman Brothers Holdings, Inc. In- tine conduct of business obliges firms to (9) There is a substantial amount of high- sofar as the content of their deliberations is incur substantial costs to translate and quality research in academia in relevant dis- accessible in the public record, there is little transfer data among otherwise incompatible ciplines, including financial economics, sta- evidence that such officials had at their dis- systems. In addition, this data incom- tistics, and operations research, but such re- posal an intelligence system that could illu- parability impedes the ability of companies search tends to focus on theoretical or con- minate the potential consequences of alter- to assess their risks accurately. The adop- ceptual innovations that are not imme- native choices. Notwithstanding that the tion of a common language for data coding diately reducible to operational practice. United States Government, through its sev- and handling would dramatically reduce (10) The incentives confronting academic eral agencies, collects a broad range of infor- costs for processing transactions and car- researchers work against the production of mation from financial firms, the events of rying out other administrative tasks. Stand- research that does not yield novel theo- September 2008 revealed that, at this most ardized reporting would also enable firms to retical insights or computational tech- critical juncture, these data and accom- map their counterparty relationships more niques. panying analytics could not provide finan- clearly and more easily understand their

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S498 CONGRESSIONAL RECORD — SENATE February 4, 2010 credit exposures to other firms, a develop- (35) United States regulators must never ment between 2 or more counterparties, de- ment that promises improvements in risk again find themselves confronting a finan- scribing rights, and obligations relating to management practices across the industry. cial crisis without the full set of legal, data, the future delivery of items of intrinsic or (29) In August 2008, the Counterparty Risk and analytic tools they need to understand, extrinsic value among the counterparties. Management Policy Group called for the fi- measure, monitor, and respond intelligently (6) FINANCIAL INSTRUMENT.—The term ‘‘fi- nancial industry to move rapidly toward to systemic risks that threaten the stability nancial instrument’’ means a financial con- real-time reconciliation and confirmation of (of the United States financial system. tract in which the terms and conditions are financial transactions. Industry experts be- (b) PURPOSES.—The purposes of this Act publicly available, and the roles of 1 or more lieve that this change would yield substan- are— of the counterparties are assignable without tial benefits to firms individually, to the fi- (1) to ensure that the financial regulatory the consent of any of the other counterpar- nancial services industry, and to the econ- community is equipped fully with the data ties, including common stock of a publicly omy as a whole. Achieving this goal would and analytic tools it needs to fulfill its re- traded company, government bonds, and ex- not be possible, however, without industry- sponsibility to safeguard the United States change traded futures and options contracts. wide adoption of common standards for cod- financial system; (7) FINANCIAL ENTITY REFERENCE DATA- ing and handling financial transaction data. (2) to reduce the likelihood of another sys- BASE.—The term ‘‘financial entity reference Despite the clear benefits of data standard- temic financial crisis occurring; database’’ means a comprehensive list of fi- ization and despite years of effort by the in- (3) to restore integrity and confidence to nancial entities that may be counterparties dustry, through consortia such as the Enter- the financial markets of the United States; to financial transactions or referenced in the contractual structure of a financial instru- prise Data Management Council, the finan- (4) to provide for the security of the United ment. For each financial entity, the data- cial services industry has not been able to States economy from potential external base shall include, but not be limited to a make meaningful progress towards the goal threats to the United States financial sys- unique identifier, and sufficient information of universal adoption of uniform, consistent tem; to differentiate the entity from every other standards for data handling. (5) to improve the efficiency of the finan- entity, including an exact legal name and an (30) Efforts to see a common set of stand- cial markets in the United States; address for each company, and an exact legal ards for financial data adopted universally (6) to reduce the cost and increase the ef- name and a social security number for each are impeded by so-called ‘‘network effects’’. fectiveness of coordinated financial regula- tion in the United States; American citizen. For financial entities that The benefits of adoption for any one firm de- are legally owned by or otherwise contained pend on the extent to which other firms (7) to help maintain the leadership position of the United States as home to the most ef- within other financial entities, the database adopt the same common language. For any shall include such information. one institution, the full benefits are dis- ficient, competitive, and productive capital markets in the world; and (8) FINANCIAL INSTRUMENT REFERENCE DATA- tinctly limited until a critical number of BASE.—The term ‘‘financial instrument ref- participants in the industry adopt the same (8) to help restore and maintain conditions in the United States financial system that erence database’’ means a comprehensive list standards. In light of these network effects, of unique financial instruments. For each fi- the adoption of a single data handling stand- will support the creation of wealth and pros- perity in the United States. nancial instrument, the database shall in- ard by all industry participants presents a clude a unique identifier and a comprehen- daunting coordination challenge. Each indi- SEC. 3. DEFINITIONS. sive description of the contractual structure vidual firm is discouraged from making the In this Act, the following definitions shall of the instrument as well as all express substantial investments required to upgrade apply: terms governing the interpretation and im- its own systems, unless and until they re- (1) FINANCIAL REGULATORY AGENCY.—The plementation of the contract, including ju- ceive assurance that others in the industry term ‘‘financial regulatory agency’’ means risdiction, force majeure, and dispute resolu- will follow suit. Many firms are deferring any Federal regulatory agency or body tion. The contractual structure shall include significant upgrades to their systems until charged with regulating, examining, or su- the financial and economic obligations and well-defined industry-wide standards are ac- pervising a financial entity or activity, in- rights, both express and implied, and includ- cepted. cluding any financial systemic risk council ing through legal agreements such as netting (31) The financial services industry’s his- or agency established by Congress. agreements, established among all of the torical experience strongly suggests that the (2) INSTITUTE; DIRECTOR; BOARD OF DIREC- counterparties having identified roles in the industry is unlikely to achieve universal TORS.—The terms ‘‘Institute’’, ‘‘Director’’, contract, including advisors, principals, adoption of a single data-handling standard and ‘‘Board of Directors’’ mean the National trustees, custodians, guarantors, prime bro- on its own initiative, through either the de- Institute of Finance, the Director thereof, kers, executing brokers, clearing brokers, centralized actions of industry participants and the Board of Directors thereof, respec- and issuers of securities. An electronic copy or through voluntary coordination at the tively. of the prospectus for each financial instru- urging of industry consortia or trade asso- (3) FINANCIAL ENTITY.— ment for which a prospectus was created or ciations. Standardization of financial data (A) IN GENERAL.—The term ‘‘financial enti- distributed shall also be contained in the will require an external mandate. ty’’ means any corporation, partnership, in- database. (32) The new data standards promulgated dividual, or other organizational form, (9) FINANCIAL TRANSACTION DATA.—The for reporting by firms will emerge as the de whether public or private, used to engage in term ‘‘financial transaction’’ means the ex- facto standard for data management in the any type of financial activity that may con- plicit or implicit creation of a financial con- finance industry, a standard on which firms tribute to systemic risk, including any bank, tract where at least one of the counterpar- could converge. Firms could then be con- savings association, credit union, industrial ties is required to report to the Institute. fident of realizing a significant return on the loan company, trust, pension fund, holding The data describing the transaction shall in- investment needed to update their internal company, lender, finance company, mort- clude the structure of the contract created systems, knowing that other industry par- gage broker, broker-dealer, mutual fund or in the transaction, as well as all express ticipants were doing likewise. other investment company, investment ad- terms governing the interpretation and im- (33) The establishment of Federal require- viser, hedge fund, insurance company, clear- plementation of the contract, including ju- ments for the maintenance and provision of inghouse or other central counterparty, ex- risdiction, force majeure, and dispute resolu- reference databases and reporting of trans- change, and any other entity or institution tion. The contractual structure shall include actions and position data to a central reposi- that the Director determines, at the forma- clearly identified counterparties, clearly tory would assure individual institutions of tion of the Institute, are necessary for the identified financial instruments (when used a significant return on the investment need- Institute to complete its duties under this as part of the structure of the contract), and ed to update their internal systems. Firms Act. the financial and economic obligations and would benefit from not having to maintain (B) DIRECTOR AUTHORITY.—The Director rights, both express and implied, established their own unique reference databases, stand- may, by rule, add new types of entities or in- among all of the counterparties with identi- ardized reporting would greatly reduce the stitutions to be treated as financial entities fied roles in the contract. cost of reconciling trades and other back of- for purposes of this Act. (10) POSITION DATA.—The term ‘‘position’’ fice activities, and it would give firms a (4) SYSTEMIC RISK.—The term ‘‘systemic means a financial asset or liability held on clear map of their counterparty relation- risk’’ means the risk that a failure or default the balance sheet of a financial entity. A ships, which would facilitate better risk by a financial entity or entities, or exposures new position is created, or the quantity of an management across the industry. to a financial product or products or activity existing position is changed, by the execu- (34) Once achieved, the universal adoption will produce— tion of a financial transaction involving the of standard protocols for handling financial (A) significant disruptions to the oper- financial entity as a counterparty. Position transaction data promises to generate sig- ations of financial markets; data include— nificant and sustained improvements in the (B) the spreading of financial losses and (A) the counterparty identifier; efficiency and productivity of the financial failures through the financial system; or (B) a contract identifier; services industry in the United States. Such (C) significant disruption to the broader (C) the role of the counterparty on the improvements will help to secure and main- economy. transaction; tain the international leadership position of (5) FINANCIAL CONTRACT.—The term ‘‘finan- (D) a quantity, if applicable; United States capital markets. cial contract’’ mean a legally binding agree- (E) a location, if applicable; and

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S499 (F) the valuation of the position for the Directors fails to reject the budget within 60 ‘‘Director of the National Institute of Fi- purposes of the books and records of the fi- days of submission by the Director, the nance.’’. nancial entity. budget shall be automatically approved. If a SEC. 5. ORGANIZATIONAL STRUCTURE; RESPON- SEC. 4. ESTABLISHMENT OF NATIONAL INSTI- new budget is not approved before the exist- SIBILITIES OF PRIMARY PRO- TUTE OF FINANCE; ADMINISTRATIVE ing budget expires, the most recent approved GRAMMATIC UNITS. MATTERS. budget shall continue on a pro rata basis. (a) IN GENERAL.—The Institute shall carry (a) IN GENERAL.— Each submitted budget and all votes by the out its programmatic responsibilities (1) ESTABLISHMENT.—There is established Board of Directors on each budget shall be through— the National Institute of Finance, which part of the public record of the Board of Di- (1) the Federal Financial Data Center (in shall be an independent establishment, as rectors. this Act referred to as the ‘‘ ‘Data Center’ ’’); that term is defined in section 104 of title 5, (2) ASSESSMENTS.—The Institute shall be and United States Code. funded through assessments on the financial (2) the Federal Financial Research and (2) MISSION.—The mission of the Institute entities required to report data to the Insti- Analysis Center (in this Act referred to as is to support the Federal financial regu- tute. The formula by which the budgetary the ‘‘ ‘Research Center’ ’’). (b) FEDERAL FINANCIAL DATA CENTER.— latory agencies, including any systemic risk costs are allocated among the reporting enti- (1) GENERAL DUTIES.—The Data Center council or agency established by Congress, ties shall be determined by the Board of Di- shall collect, validate, and maintain all data by— rectors. If the Board of Directors fails to es- necessary to carry out its duties, as de- (A) collecting and providing data; tablish the formula within 60 days of submis- scribed in this Act. (B) standardizing the types and formats of sion of a budget by the Director, the Direc- (2) RESPONSIBILITIES.—The Data Center data reported and collected; tor shall determine the formula by which the shall prepare and publish, in a manner that (C) performing applied research and essen- budgetary costs are allocated among the re- is easily accessible to the public— tial long-term research; porting entities for that year. (A) a financial entity reference database; (D) developing tools for risk measurement NITIAL FUNDING AND START UP.—During (3) I (B) a financial instrument reference data- and monitoring; the first 4 years of the operation of the Insti- (E) performing other related services; and base; and tute, the Institute shall have authority to (C) formats and standards for reporting fi- (F) making the results of its activities borrow against future assessment revenue available to financial regulatory agencies. nancial transaction and position data to the from the Federal Financing Bank. Such bor- Institute. (b) DIRECTOR.— rowed funds shall be paid back to the Federal (3) DATA TO BE COLLECTED.—Data referred (1) APPOINTMENT.—The Institute shall be Financing Bank over a term not to exceed 20 headed by a Director, who shall be appointed to in paragraph (1)— years. The Secretary of the Treasury, and (A) shall include for each financial entity— by the President, by and with the advice and any financial regulatory agency, may second consent of the Senate. (i) comprehensive financial transaction personnel to the Institute to assist the oper- data on a schedule determined by the Direc- (2) TERM OF SERVICE.—The Director shall ations of the Institute. serve for a term of 15 years. tor; (f) EXCEPTED SERVICE AGENCY.—The Insti- (ii) comprehensive position data on a (3) EXECUTIVE LEVEL AND PENSION.—The po- tute shall be an excepted service agency. schedule determined by the Director; sition of the Director shall be at level II of (g) PERSONNEL.—The Board of Directors (iii) for each financial instrument in the fi- the Executive Schedule, and a Director who may fix the compensation of Institute per- nancial instrument reference database or for serves a full term, or becomes disabled and sonnel, without regard to the provisions of any other obligation of a financial entity unable to fulfill the responsibilities of the chapter 51 and subchapter III of chapter 53 of that is contingent on the value of an observ- Director after serving at least 10 years, shall title 5, United States Code, relating to clas- able event, where the observable event is not receive a pension at retirement equal to the sification of positions and General Schedule widely available to the public, the level and salary of that person in the last year of the pay rates. The rates of pay and benefits shall changes in the level of these observable term, and that pension shall increase in sub- be competitive with and comparable to the events, on a schedule determined by the Di- sequent years with the increase in the cost rates of pay and benefits at Federal financial rector; and of living. regulatory agencies that are not covered by (iv) any other data that are considered by (4) VACANCY.—In the event that a successor title 5, United States Code. the Director to be important for measuring is not nominated and confirmed by the end (h) NON-COMPETE.—The Director and staff and monitoring systemic risk, or for deter- of the term of service of a Director, the Di- of the Institute, who have had access to the mining the soundness of individual financial rector may continue to serve until such time transaction or position data maintained by entities; and as the new Director is appointed and con- the Data Center or other business confiden- (B) may include data regarding policies firmed. tial information about financial entities re- quired to report to the Institute, may not, and procedures, governance, incentives, com- (5) PROHIBITION ON DUAL SERVICE.—The in- pensation practices, contractual relation- dividual serving in the position of Director for a period of 1 year after last having access to such transaction or position data or busi- ships, and any other information deemed by may not, during such service, also serve as ness confidential information, be employed the Director to be necessary in order for the the head of any financial regulatory agency. by or provide advice or consulting services to Institute to carry out its responsibilities (6) RESPONSIBILITIES, DUTIES AND AUTHOR- a financial entity, regardless of whether it is under this Act; and ITY.—The Director shall have sole discretion required to report to the Institute. Indi- (C) the Board of Directors may, by a two- to fulfill the responsibilities and duties and vidual staff members who notify the Director thirds vote, exclude financial entities, exercise the authorities described in this of their intention to terminate their employ- which, as a group, will not contribute to sys- Act, except in cases where specific authori- ment with the Institute and to seek employ- temic risk for reasons such as size, nature of ties have been given to the Board of Direc- ment with a prohibited employer or in a pro- their assets and liabilities, volume of trans- tors. hibited activity, shall be transferred for a pe- actions, or other reasonable purposes, from (c) BOARD OF DIRECTORS.—The Board of Di- riod of 12 months to a position that does not rectors of the Institute shall be comprised of reporting data. Notwithstanding such exclu- provide access to transaction or position sions, financial entities shall comply with the Director, the Secretary of the Treasury, data or other business confidential informa- and the head of each financial regulatory all reporting requirements or ensure that re- tion. For staff whose access to business con- porting requirements are met for any assets agency. fidential information was limited, the Board (d) MEMBERSHIP OF THE DIRECTOR ON THE or part of their balance sheets that are sold of Directors may provide, on a case-by-case BOARD OF DIRECTORS.—The Director shall to create a financial instrument or obliga- basis, for a shorter period of post-employ- serve as a voting member of the Board of Di- tion, as described in subparagraph (A)(iii). ment prohibition, provided that the shorter (4) INFORMATION SECURITY.—The Director rectors and as a member of any financial sys- period does not compromise business con- and the Board of Directors shall ensure that temic risk regulatory council or agency es- fidential information. data collected and maintained by the Data tablished by Congress. (i) ADVISORY BOARDS.—The Institute shall (e) FUNDING.— maintain any advisory boards that the Di- Center are kept secure and protected against (1) ANNUAL BUDGET.—The Director, in con- rector determines are needed to complete unauthorized disclosure. sultation with the Board of Directors shall the mission of the Institute. (5) CATALOGUE OF FINANCIAL ENTITIES AND establish the initial annual budget. For all (j) FELLOWSHIP PROGRAM.—The Institute INSTRUMENTS.—The Data Center shall main- other annual budgets, the Director shall sub- may establish and maintain an academic and tain a catalogue of the financial entities and mit an annual budget for the Institute to the professional fellowship program, under instruments reported to the Institute. Board of Directors not later than April 30 of which qualified academics and professionals (6) AVAILABILITY TO THE FINANCIAL REGU- each year. The Board of Directors may, with- shall be invited to spend not longer than 2 LATORY AGENCIES.—The Data Center shall out amendment, reject the budget with a years at the Institute, to perform research make data collected and maintained by the two-thirds majority vote. Each time a budg- and to provide advanced training for Insti- Data Center available to any financial regu- et is rejected, the Director shall submit a re- tute personnel. latory agency represented on the Board of vised budget to the Board of Directors within (k) EXECUTIVE SCHEDULE MATTERS.—Sec- Directors, as needed to support the regu- 60 days, and the Board of Directors may, tion 5312 of title 5, United States Code, is latory responsibilities of such agency. without amendment, reject the budget with amended by adding at the end the following (7) OTHER RESPONSIBILITIES.—The Data a two-thirds majority vote. If the Board of new item: Center shall oversee the management of the

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S500 CONGRESSIONAL RECORD — SENATE February 4, 2010 data supply chain, from the point of threats to the financial system, the status of Whereas Concordia University won the issuance, in order to ensure the quality of all the Institute’s efforts in meeting its mission, match against Western Texas A&M in 3 data required to be submitted to the Insti- and key findings from its research and anal- straight sets, capping off a perfect 37-0 sea- tute. ysis of the financial system. son and continuing the NCAA-record 74 (8) OTHER AUTHORITY.—The Institute shall, (3) ADDITIONAL REPORTS.—At the sole dis- match win streak for Concordia University; after consultation with the Board of Direc- cretion of the Director, the Director may ini- Whereas on November 7, 2009, Concordia tors provide certain data to financial indus- tiate and provide additional reports to Con- University won their 7th consecutive North- try participants and the general public to in- gress regarding the state of the financial sys- ern Sun Intercollegiate Conference crease market transparency and facilitate tem. The Director shall notify the Board of Volleyball Championship; research on the financial system, so long as Directors of any additional reports provided Whereas with the undefeated season, head intellectual property rights are not violated, to Congress. coach Brady Starkey’s career record with business confidential information is properly SEC. 6. ADMINISTRATIVE AUTHORITIES OF THE Concordia University is 240-20; protected, and the sharing of such informa- INSTITUTE. Whereas Concordia University had 5 play- tion poses no significant threats to the fi- The Institute may— ers named to the 2009 NCAA Women’s nancial system. (1) require financial entities to report all Volleyball Championship All-Tournament (c) FEDERAL FINANCIAL RESEARCH AND data and information in conformance with Team, Maggie McNamara, Mary Slinger, ANALYSIS CENTER.— reporting standards, as determined by the Cassie Haag, Emily Palkert, and Megan Carl- (1) GENERAL DUTIES.—The Research Center Institute, that are necessary to fulfill the re- son; and shall develop and maintain the independent sponsibilities of the Institute under this Act; Whereas nearly 2000 fans attended the analytical capabilities and computing re- (2) require reporting on a worldwide basis championship match in support of the sources— from the financial entities and affiliates Concordia University team: Now, therefore, (A) to measure and monitor systemic risk; thereof that are organized in the United be it (B) to perform independent risk assess- States; Resolved, That the Senate— ments of individual financial entities and (3) require reporting of United States-based (1) congratulates the Concordia University- markets; activities by financial entities that are not St. Paul volleyball team on winning their (C) to analyze and investigate relation- organized in the United States; third consecutive NCAA Division II Women’s ships between the soundness of individual fi- (4) enforce and apply sanctions on all fi- Volleyball National Championship; and nancial entities and markets and the sound- nancial entities required to report to the In- (2) recognizes— ness of the financial system together as a (A) the achievements of the players, coach- whole; and stitute that fail to report data requested by and in standards, frequency, and time es, students, and staff whose hard work and (D) to provide advice on the financial sys- dedication helped Concordia University win tem. frames, as determined by rule or regulation by the Institute; the 2009 NCAA Division II Women’s (2) RESPONSIBILITIES.—The Research Center (5) share data and information, as well as Volleyball National Championship; and shall— (B) Concordia University President Dr. (A) develop and maintain metrics and risk software developed by the Institute, with other financial regulatory agencies, as deter- Robert Holst and Athletic Director Tom reporting systems for system-wide risk; Rubbelke, who both have shown great leader- (B) develop and maintain metrics and risk mined appropriate by the Board of Directors, where the shared data and software shall be ship in bringing success to Concordia Univer- reporting systems for determining the sity. soundness of financial entities; maintained with at least the same level of (C) monitor, investigate, and report security as is used by the Institute, and may f changes in system-wide risk levels and pat- not be shared with any individuals or enti- ties without the permission of the Board of SENATE RESOLUTION 408—DESIG- terns to the Board of Directors and Congress, NATING FEBRUARY 3, 2010, AS including through the collection of addi- Directors; tional information that the Director deems (6) purchase and lease software; ‘‘NATIONAL WOMEN AND GIRLS necessary to understand such changes; (7) sponsor and conduct research projects; IN SPORTS DAY’’ (D) conduct, coordinate, and sponsor re- and Ms. SNOWE (for herself, Mrs. MUR- (8) assist, on a reimbursable basis, with fi- search to support and improve regulation of RAY, Ms. MIKULSKI, and Mr. BINGAMAN) nancial analyses undertaken at the request financial entities and markets; submitted the following resolution; (E) benchmark financial risk management of governmental agencies, other than finan- cial regulatory agencies. which was referred to the Committee practices and promote best practices for fi- on the Judiciary: nancial risk management; SEC. 7. CIVIL PENALTIES. (F) at the direction of the Board of Direc- Any person or entity that violates this Act S. RES. 408 tors, or any member of the Board of Direc- or fails to comply with a rule, regulation, or Whereas women’s athletics are one of the tors, for firms under that member’s purview, order of the Institute issued under this Act most effective avenues available for the develop, oversee, and report on stress tests shall be subject to a civil penalty in an women of the United States to develop self- or other tests of the valuation and risk man- amount established by the Institute and pub- discipline, initiative, confidence, and leader- agement systems of any of the financial enti- lished in the Code of Federal Regulations. ship skills; ties required to report to the Institute; Each such violation or failure shall con- Whereas sports and fitness activities con- (G) maintain expertise in such areas as stitute a separate civil offense. tribute to emotional and physical well-being; may be necessary to support specific re- f Whereas women need strong bodies as well quests for advice and assistance from finan- as strong minds; cial regulators; SUBMITTED RESOLUTIONS Whereas the history of women in sports is (H) at the direction of the Board of Direc- rich and long, but there has been little na- tors or at the request of Congress, conduct tional recognition of the significance of the studies and provide advice on financial mar- SENATE RESOLUTION 407—CON- athletic achievements of women; kets and products, including advice regard- GRATULATING THE CONCORDIA Whereas the number of women in leader- ing risks to consumers posed by financial UNIVERSITY-ST. PAUL VOLLEY- ship positions as coaches, officials, and ad- products and practices; BALL TEAM ON WINNING THEIR ministrators has declined drastically since (I) at the direction of the Director, at the THIRD CONSECUTIVE NCAA DIVI- the passage of title IX of the Education Amendments of 1972 (Public Law 92–318; 86 discretion of the Board of Directors, or at SION II WOMEN’S VOLLEYBALL the request of Congress, investigate disrup- Stat. 373); tions and failures in the financial markets, NATIONAL CHAMPIONSHIP Whereas there is a need to restore women report findings, and make recommendations Ms. KLOBUCHAR submitted the fol- to leadership positions in athletics to ensure to the Board of Directors and Congress; and lowing resolution; which was referred a fair representation of the abilities of (J) at the direction of the Board of Direc- to the Committee on the Judiciary: women and to provide role models for young tors or at the request of Congress, conduct female athletes; studies and provide advice on the impact of S. RES. 407 Whereas the bonds built between women policies related to systemic risk. Whereas on December 5, 2009, Concordia through athletics help to break down the so- (d) REPORTING RESPONSIBILITIES.— University won the 2009 NCAA Division II cial barriers of racism and prejudice; (1) REQUIRED REPORT.—Commencing 2 Women’s Volleyball National Championship; Whereas the communication and coopera- years after the date of the establishment of Whereas the victory marks the third tion skills learned through athletic experi- the Institute, the Institute shall prepare and straight NCAA Division II Women’s ence play a key role in the contributions of submit an annual report to Congress, not Volleyball National Championship for an athlete to her home, workplace, and soci- later than 120 days after the end of each fis- Concordia University; ety; cal year. Whereas the Concordia University program Whereas women’s athletics has produced (2) CONTENT.—The report required by this is the first in the history of Division I or II such winners as Flo Hyman, whose spirit, subsection shall assess the state of the finan- women’s volleyball to win 3 consecutive Na- talent, and accomplishments distinguished cial system, including an analysis of any tional Championships; her above others and who exhibited the true

VerDate Nov 24 2008 03:56 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S501 meaning of fairness, determination, and ‘‘Olympic Spirit’’ in this year’s com- SENATE RESOLUTION 410—SUP- team play; petition as well. PORTING AND RECOGNIZING THE Whereas parents feel that sports are equal- It is clear that while we celebrate the GOALS AND IDEALS OF ‘‘RV CEN- ly important for boys and girls and that TENNIAL CELEBRATION MONTH’’ sports and fitness activities provide impor- tremendous progress women’s sports TO COMMEMORATE 100 YEARS OF tant benefits to girls who participate; have made since the commencement of Whereas early motor-skill training and en- ENJOYMENT OF RECREATION VE- joyable experiences of physical activity National Girls and Women in Sports HICLES IN THE UNITED STATES Day, we cannot sit on the sidelines. As strongly influence life-long habits of phys- Mr. BAYH (for himself and Mr. ical fitness; reflected in this year’s theme, ‘‘Stay LUGAR) submitted the following resolu- Whereas the performances of female ath- Strong, Play On’’, we must continue to tion; which was referred to the Com- letes in the Olympic Games are a source of build on the outstanding successes in inspiration and pride to the people of the mittee on the Judiciary: United States; sports participation by girls and S. RES. 410 Whereas the athletic opportunities for women over the past several decades. Whereas 1910 marks the first year of mass- male students at the collegiate and high Again, I applaud the girls and women produced, manufactured, motorized campers school levels remain significantly greater across the state of Maine and our coun- and camping trailers; than those for female students; and try for their participation and leader- Whereas 1 in 12 households in the United Whereas the number of funded research States own a recreation vehicle (referred to projects focusing on the specific needs of ship in athletics as we celebrate Na- in this preamble as an ‘‘RV’’), and over women athletes is limited and the informa- tional Girls and Women in Sports 30,000,000 RV enthusiasts take part in this af- tion provided by these projects is imperative Day—today and every day. fordable and environmentally friendly form to the health and performance of future of vacationing; women athletes: Now, therefore, be it f Whereas RV vacations allow families in Resolved, That the Senate— the United States to build stronger relation- (1) designates February 3, 2010, as ‘‘Na- ships, explore the great outdoors, and take tional Women and Girls in Sports Day’’; and SENATE RESOLUTION 409—CALL- part in healthy activities; (2) encourages State and local jurisdic- ING ON MEMBERS OF THE PAR- Whereas this homegrown industry, includ- tions, appropriate Federal agencies, and the LIAMENT IN UGANDA TO REJECT ing RV manufacturers, suppliers, dealers, people of the United States to observe ‘‘Na- THE PROPOSED ‘‘ANTI-HOMOSEX- and campgrounds, employs hundreds of thou- tional Women and Girls in Sports Day’’ with sands of people in good-paying jobs across all appropriate ceremonies and activities. UALITY BILL’’, AND FOR OTHER 50 states; Ms. SNOWE. Mr. President, I rise to PURPOSES Whereas traveling in an RV offers the free- dom, comfort, and flexibility to see all parts submit the National Women and Girls Mr. FEINGOLD (for himself, Mr. in Sports Day resolution. As we cele- of the United States, from historic land- COBURN, Mr. CARDIN, and Ms. COLLINS) brate the 24th anniversary of National marks and National Parks to local camp- submitted the following resolution; grounds and sporting events; and Girls and Women in Sports Day, I am Whereas the 100th anniversary of the intro- pleased to be joined by colleagues, Sen- which was referred to the Committee on Foreign Relations: duction of the RV into the marketplace in ator MURRAY, Senator MIKULSKI, and the United States will be celebrated June 7, Senator BINGAMAN. S. RES. 409 2010, at the RV/MH Hall of Fame in Elkhart, Indiana: Now, therefore, be it The celebration of National Girls and Whereas a bill introduced on October 14, Resolved, That the Senate— Women in Sports Day began in remem- 2009, by a member of Parliament in Uganda brance of Olympic volleyball player (1) supports and recognizes the goals and would expand penalties for homosexuality to ideals of ‘‘RV Centennial Celebration Flo Hyman for her athletic achieve- include the death penalty and requires citi- ments and her commitment to ensur- Month’’ to commemorate 100 years of enjoy- zens to report information about homosex- ment of recreation vehicles in the United ing equality for women’s sports. Trag- uality to the police or face imprisonment; States; and ically, Hyman died of Marfan’s Syn- Whereas many countries criminalize homo- (2) encourages the people of the United drome in 1986 while competing in a sexuality, and in some countries, such as States to celebrate this anniversary by tak- volleyball tournament. In that same Iran, Nigeria, Saudi Arabia, and Sudan, the ing part in recreation vehicle vacations. year, I introduced a joint resolution penalty for homosexuality includes the commemorating the first National death penalty; f Women in Sports Day in 1987. With Whereas the United States, in seeking to today marking the 24th anniversary of promote the core American principles of NOTICE OF HEARING equality and ‘‘Life, Liberty, and the pursuit this celebration, we continue to honor COMMITTEE ON ENERGY AND NATURAL of Happiness,’’ has long championed the uni- RESOURCES all girls and women, recognizing past versality of human rights; and current achievements in athletics, Whereas religious leaders in the United Mr. BINGAMAN. Mr. President, I as well as the positive influence of States, along with representatives from the would like to announce for the infor- sports participation and the continuing Vatican and the Anglican Church, have stat- mation of the Senate and the public struggle for equality and access for ed that laws criminalizing homosexuality that a hearing has been scheduled be- women in sports. are unjust; and fore the Committee on Energy and Nat- We undoubtedly have a plethora of Whereas the people and Government of the ural Resources women athletes who deserve our admi- United States recognize that such laws un- The hearing will be held on Monday, ration and appreciation with the up- dermine our commitment to combating HIV/ February 15, 2010 at 2:30 p.m., at the coming 2010 Winter Olympics in Van- AIDS globally through the President’s Emer- Corbett Center (Ballroom-Eastside) on couver. Just a few weeks ago, the most gency Plan for AIDS Relief (PEPFAR) by the campus of New Mexico State Uni- decorated female skier in U.S. history stigmatizing and criminalizing vulnerable versity, in Las Cruces, New Mexico. Lindsey Vonn was named the 2009 communities: Now, therefore, be it The purpose of the hearing is to re- Sports Woman of the Year by the Resolved, That the Senate— ceive testimony on S. 1689, the Organ United States Olympic Committee. (1) calls on members of the Parliament in Mountains-Desert Peaks Wilderness That remarkable achievement occurred Uganda to reject the ‘‘Anti-Homosexuality Act. on the heels of earning the distinction Bill’’ recently proposed in that country; Because of the limited time available of Female Athlete of the Decade by (2) urges the governments of all countries for the hearing, witnesses may testify NBC’s Universal Sports. While her ath- to reject and repeal similar criminalization by invitation only. However, those laws; and letic talent alone make both these (3) encourages the Secretary of State to wishing to submit written testimony awards certainly well-deserved, Ms. closely monitor human rights abuses that for the hearing record should send it to Vonn is also widely respected for her occur because of sexual orientation and to the Committee on Energy and Natural indomitable tenacity and resilience: In encourage the repeal or reform of laws such Resources, United States Senate, the 2006 Olympic Winter Games she as the proposed ‘‘Anti-Homosexuality Bill’’ Washington, DC 20510–6150. continued her race despite a horrific in Uganda that permit such abuses. For further information, please con- crash and earned the Olympic Spirit tact David Brooks at (202) 224–9863 or Award. No doubt she will carry her Allison Seyferth at (202) 224–4905.

VerDate Nov 24 2008 02:46 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.030 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE S502 CONGRESSIONAL RECORD — SENATE February 4, 2010 AUTHORITY FOR COMMITTEES TO Committee on Intelligence be author- CLOTURE MOTION MEET ized to meet during the session of the We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the COMMITTEE ON BANKING, HOUSING, AND URBAN Senate on February 4, 2010, at 2:30 p.m. Standing Rules of the Senate, hereby move AFFAIRS The PRESIDING OFFICER. Without objection, it is so ordered. to bring to a close debate on the nomination Mr. LEAHY. Mr. President, I ask of Craig Becker, of Illinois, to be a member unanimous consent that the Com- SUBCOMMITTEE ON ANTITRUST, COMPETITION of the National Labor Relations Board. mittee on Banking, Housing, and POLICY AND CONSUMER RIGHTS Harry Reid, Tom Harkin, Benjamin L. Urban Affairs be authorized to meet Mr. LEAHY. Mr. President, I ask Cardin, Debbie Stabenow, Bill Nelson, during the session of the Senate on unanimous consent that the Com- Al Franken, Barbara Boxer, Amy February 4, 2010, at 10:30 a.m., to con- mittee on the Judiciary, Sub- Klobuchar, Mark Begich, Byron L. Dor- duct a hearing entitled ‘‘Prohibiting committee on Antitrust, Competition gan, Dianne Feinstein, John D. Rocke- Certain High-Risk Investment Activi- Policy, and Consumer Rights be au- feller IV, Edward E. Kaufman, Roland thorized to meet during the session of W. Burris, Daniel K. Akaka, Sheldon ties by Banks and Bank Holding Com- Whitehouse, Sherrod Brown. panies.’’ the Senate on February 4, 2010, at 2:30 The PRESIDING OFFICER. Without p.m., in SD–226 of the Dirksen Senate Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Office Building, to conduct a hearing imous consent that the mandatory quorum be waived. COMMITTEE ON COMMERCE, SCIENCE, AND entitled ‘‘The Comcast/NBC Universal The PRESIDING OFFICER. Without TRANSPORTATION Merger: What Does the Future Hold for objection, it is so ordered. Mr. LEAHY. Mr. President, I ask Competition and Consumers?’’ Mr. REID. Mr. President, I ask unan- unanimous consent that the Com- The PRESIDING OFFICER. Without imous consent that at 2 p.m., Monday, mittee on Commerce, Science, and objection, it is so ordered. February 8, the Senate proceed to exec- Transportation be authorized to meet SUBCOMMITTEE ON SUPERFUND, TOXICS, AND utive session and resume consideration during the session of the Senate on ENVIRONMENTAL HEALTH of Calendar Nos. 468 and 688, with the February 4, 2010, at 2:30 p.m., in room Mr. LEAHY. Mr. President, I ask time until 5 p.m. equally divided and 253 of the Russell Senate Office Build- unanimous consent that the Sub- controlled between the leaders or their ing. committee on Superfund, Toxics, and designees; and that the debate time run The PRESIDING OFFICER. Without Environmental Health be authorized to concurrently with respect to Calendar objection, it is so ordered. meet during the session of the Senate No. 468 and the cloture motion with re- COMMITTEE ON ENVIRONMENT AND PUBLIC on February 4 at 10 a.m. in room 406 of spect to Calendar No. 688; that at 5 WORKS the Dirksen Senate Office Building. p.m., the Senate proceed to vote on Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without confirmation of the nomination of Jo- unanimous consent that the Com- objection, it is so ordered. mittee on Environment and Public seph Greenaway; that upon confirma- INTERNATIONAL DEVELOPMENT AND FOREIGN tion, the motion to reconsider be con- Works be authorized to meet during ASSISTANCE sidered made and laid upon the table, the session of the Senate on February Mr. LEAHY. Mr. President, I ask the President be immediately notified 4, 2010 in room S–216 of the Capitol. unanimous consent that the Com- of the Senate’s action; that upon dis- The PRESIDING OFFICER. Without mittee on Foreign Relations be author- position of the Greenaway nomination, objection, it is so ordered. ized to meet during the session of the the Senate then proceed to vote on the COMMITTEE ON FINANCE Senate on February 4, 2010, at 3 p.m., to motion to invoke cloture on the Becker Mr. LEAHY. Mr. President, I ask hold an International Development and nomination. unanimous consent that the Com- Foreign Assistance Subcommittee The PRESIDING OFFICER. Without mittee on Finance be authorized to hearing entitled ‘‘Haiti Reconstruc- objection, it is so ordered. meet during the session of the Senate tion: Smart Planning Moving For- Mr. REID. I ask unanimous consent on February 4, 2010, at 10 a.m., in room ward.’’ that the Senate now resume legislative 215 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without session. ing, to conduct a hearing entitled ‘‘The objection, it is so ordered. f President’s Fiscal Year 2011 Budget.’’ f The PRESIDING OFFICER. Without LEGISLATIVE SESSION EXECUTIVE SESSION objection, it is so ordered. The PRESIDING OFFICER. The Sen- COMMITTEE ON THE JUDICIARY ate will resume legislative session. Mr. LEAHY. Mr. President, I ask unanimous consent that the Com- NOMINATION OF CRAIG BECKER f mittee on the Judiciary be authorized TO BE A MEMBER OF THE NA- ORDERS FOR MONDAY, to meet during the session of the Sen- TIONAL LABOR RELATIONS FEBRUARY 8, 2010 BOARD ate on February 4, 2010, at 10 a.m., in Mr. REID. Mr. President, I ask unan- SD–226 of the Dirksen Senate Office Mr. REID. Mr. President, I ask unan- imous consent that when the Senate Building, to conduct an executive busi- imous consent that it be in order to completes its business today, it ad- ness meeting. move to executive session to consider journ until 2 p.m., Monday, February 8; The PRESIDING OFFICER. Without Calendar No. 688, the nomination of that following the prayer and pledge, objection, it is so ordered. Craig Becker. the Journal of proceedings be approved PERMANENT SUBCOMMITTEE ON INVESTIGATIONS The PRESIDING OFFICER. The to date, the morning hour be deemed Mr. LEAHY. Mr. President, I ask question is on agreeing to the motion. expired, the time for the two leaders be unanimous consent that the Perma- The motion was agreed to. reserved for their use later in the day, nent Subcommittee on Investigations The clerk will report the nomination. and the Senate proceed to executive of the Committee on Homeland Secu- The legislative clerk read the nomi- session, as provided for under the pre- rity and Governmental Affairs be au- nation of Craig Becker, of Illinois, to vious order. thorized to meet during the session of be a member of the National Labor Re- The PRESIDING OFFICER. Without the Senate on February 4, 2010, at 9:30 lations Board. objection, it is so ordered. CLOTURE MOTION a.m., to conduct a hearing entitled f ‘‘Keeping Foreign Corruption Out of Mr. REID. Mr. President, I have a the United States: Four Case His- cloture motion at the desk, and I ask PROGRAM tories.’’ that it be reported. Mr. REID. Mr. President, on Monday, The PRESIDING OFFICER. Without The PRESIDING OFFICER. The clo- the Senate will debate, concurrently, objection, it is so ordered. ture motion having been presented the nominations of Joseph Greenaway SELECT COMMITTEE ON INTELLIGENCE under rule XXII, the Chair directs the to be U.S. circuit judge for the Third Mr. LEAHY. Mr. President, I ask clerk to read the motion. Circuit and Craig Becker to be a mem- unanimous consent that the Select The legislative clerk read as follows: ber of the National Labor Relations

VerDate Nov 24 2008 03:56 Feb 05, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.043 S04FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 4, 2010 CONGRESSIONAL RECORD — SENATE S503 Board until 5 p.m., with the time PAUL’s time here is just one of many who works here, and for the ideas peo- equally divided and controlled between roles he has played in service to our ple brought to the debate. They too, of the two leaders or their designees. Nation and our democracy. In 1965, course, deserve our appreciation and At 5 p.m., the Senate will proceed to many years ago, PAUL KIRK entered recognition as well. vote on the confirmation of the public service as an assistant district I congratulate Senator SCOTT BROWN Greenaway nomination and then imme- attorney in Massachusetts. But it and welcome him to this Chamber. It is diately proceed to a cloture motion on wasn’t long before PAUL’s story became a remarkable opportunity he will have the Becker nomination. intertwined with the Kennedy family to represent the Commonwealth of f in Massachusetts. Massachusetts. I look forward to work- In 1968, PAUL worked on Robert Ken- ORDER FOR ADJOURNMENT ing with him in the coming days and nedy’s Presidential campaign, and the weeks. Senator BROWN comes to fill a Mr. REID. Mr. President, if there is very next year he joined the Senate seat from which great things have been no further business to come before the staff of Bob’s brother Ted. Thus began done for the people of Massachusetts Senate, I ask unanimous consent that the kind of a partnership that has and our country. I think there might it adjourn under the previous order, moved mountains throughout our his- be no greater compliment I can pay to following the remarks of Senator tory. As a Senate staffer, the political the man whom we welcomed last year DODD. director of Teddy’s Presidential cam- than to say to Senator BROWN: We wish The PRESIDING OFFICER. Without paign, and the chairman of our own you the very best in filling Ted Ken- objection, it is so ordered. Democratic Party, PAUL served along- Mr. REID. I suggest the absence of a nedy’s shoes and PAUL KIRK’s shoes as side Ted Kennedy as Teddy and his re- quorum. well. The PRESIDING OFFICER. The markable staff over those four decades To my friend PAUL, I thank you for clerk will call the roll. fought battle after battle on behalf of your service, not just the service you The legislative clerk proceeded to the American people. performed in this Chamber but a life- call the roll. PAUL has always understood the im- time of service you have given to our Mr. DODD. I ask unanimous consent portance and power of the American country and the many more years of that the order for the quorum call be story. That is why he has served for a service I know you will be able to pro- rescinded. decade as chairman of the National vide. To his wife Gail, I thank you for The PRESIDING OFFICER. Without Democratic Institute of International sharing your husband with the country objection, it is so ordered. Affairs, working to spread and support over these past months. I wish you all f democracy around the world so that the best as you look forward as well to every nation could know what it is to the future. HONORING SENATOR PAUL KIRK be truly free. And he has worked to To our colleagues who have come to Mr. DODD. Mr. President, first I strengthen our own democracy as well, know PAUL’s decency and profes- wanted to say a few words to welcome as the longtime cochairman of the sionalism, I urge we follow his exam- our new colleague, SCOTT BROWN, who Commission on Presidential Debates. ple, not just in dogged pursuit of good has joined our ranks as a Member of As we all know, PAUL KIRK is a very legislation that moves our country for- the Senate from the Commonwealth of proud Democrat, but he is even prouder ward but in the effort to make this Massachusetts. I wasn’t able to be here as an American. In an age when it Chamber a place where good ideas and at 5 p.m. when he was sworn into of- seems as if partisanship can overwhelm good conscience can once again trump fice, but I wish him the very best. I had even our most fundamental Democratic pettiness and partisanship. Let us be a good conversation with him a couple values, PAUL KIRK has stood for fair guided in our work not just by Teddy’s weeks ago after his election and look play and open debate for decades. passion but by the selfless spirit of forward to serving with him. Many Americans first met PAUL KIRK service that has made PAUL KIRK such I rise this evening to honor a good after Teddy passed away, when PAUL so a fine U.S. Senator and a very good friend and a legendary public servant. elegantly conducted that remarkable American. Although he only served here a short memorial service at the Kennedy Li- I thank PAUL for his service. I said to time, PAUL KIRK has been a public serv- brary in Boston. They saw in him the him the other day that my only regret ant for decades. I wish to tell him and passion that led him to join Ted Ken- is that he hasn’t been able to serve his wife Gail and their family what a nedy in the cause of progress and also here a longer time because I think he remarkable contribution in a few short the quiet dignity of a man for whom would have made a remarkable con- weeks PAUL KIRK has made as a Mem- the work would go on, even after the tribution to our country. He did in a ber of the Senate. passing of his very dear friend. short time, but I have a feeling that PAUL is an American who will never As a U.S. Senator, they have seen had he been here for a number of years, get the kind of attention he deserves him take up the torch of issues that the country would be a better place for the rich life of public service he has mattered to Teddy and to the people of today. It already is because of his serv- led throughout his career. That won’t Massachusetts and to the American ice. It could have been even better. I bother him one bit because that is who people, none more important, of wish him the very best. PAUL KIRK is. For over half a century, course, or dear to PAUL’s heart than I yield the floor. he has been motivated not by a desire the fight to reform our health care sys- to seek recognition or to receive it but tem, a fight that will have to continue f by a passion for progress and a deep in his absence. ADJOURNMENT UNTIL MONDAY, love of his own country. PAUL has been assisted in this dif- FEBRUARY 8, 2010, AT 2 P.M. PAUL came to Washington last fall ficult job by a core of public servants, The PRESIDING OFFICER. Under with the impossible task of succeeding the names of whom are unfamiliar to the previous order, the Senate stands our dear friend Ted Kennedy as Sen- most and the likes of which we might adjourned until 2 p.m., Monday, Feb- ator from Massachusetts. PAUL did so not see again, the staff he inherited ruary 8, 2010. not in the hopes of filling Teddy’s from Ted Kennedy. Whether you are a Thereupon, the Senate, at 6:54 p.m., shoes but in continuing to blaze the Democrat or Republican—I say this to adjourned until Monday, February 8, path forward that Ted Kennedy forged new Members—the older Members of 2010, at 2 p.m. more than four decades ago when he ar- this Chamber, Democrats and Repub- rived as a new Member of this body. As licans, will tell you that to know the f a U.S. Senator, PAUL KIRK has served Kennedy staff was to respect how tal- NOMINATIONS the Commonwealth with great dignity ented and professional that staff was, Executive nominations received by and humility. Although he was only how fairly they treated every Member the Senate: among our ranks for a few short of this body and every staff member. It months, all of us will miss him in this was the core reason for their success MARINE MAMMAL COMMISSION Chamber. He left such a good and last- legislatively, because they had such re- DARYL J. BONESS, OF MAINE, TO BE A MEMBER OF THE MARINE MAMMAL COMMISSION FOR A TERM EXPIRING ing impression of his service. spect for individual Members, the staff MAY 13, 2013. (REAPPOINTMENT)

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DEPARTMENT OF COMMERCE TIMOTHY C. FRANTZ MICHAEL S. BURKS MICHAEL J. GANN II ALBERT S. CALAMUG LARRY ROBINSON, OF HAWAII, TO BE ASSISTANT SEC- BRADFORD J. GERING TOMAS CARLOS RETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE, JOHN R. GILTZ JANO R. CARLSON VICE WILLIAM J. BRENNAN, RESIGNED. JAMES F. GLYNN CHARLES R. CASSIDY ROBERTO J. GOMEZ MICHAEL S. CASTELLANO THE JUDICIARY JEFFERY O. GOODES THOMAS H. CHALKLEY MICHAEL J. GOUGH ANDREW G. CHAPMAN ELIZABETH ERNY FOOTE, OF LOUISIANA, TO BE UNITED CHARLES S. GRAY MICHAEL M. CHO STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT DUDLEY R. GRIGGS KEVIN E. CLARK OF LOUISIANA, VICE TUCKER L. MELANCON, RETIRED. JIMMIE G. GRUNY CRAIG C. CLEMANS MARK A. GOLDSMITH, OF MICHIGAN, TO BE UNITED ROBERT M. HAGAN BRIAN CLEMENS STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT STEPHEN W. HALL DEVIN L. CLEPPER OF MICHIGAN, VICE JOHN CORBETT O’MEARA, RETIRED. JAMES B. HANLON KEVIN G. COLLINS MARC T. TREADWELL, OF GEORGIA, TO BE UNITED HUNTER H. HOBSON CHAD J. COMUNALE STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF ADAM P. HOLMES JAMES B. COOKSEY GEORGIA, VICE HUGH LAWSON, RETIRED. SCOTT S. JENSEN AARON M. CUNNINGHAM JOSEPHINE STATON TUCKER, OF CALIFORNIA, TO BE MATTHEW L. JONES ALISON L. DALY UNITED STATES DISTRICT JUDGE FOR THE CENTRAL ROBERT W. JONES EDWARD J. DANIELSON DISTRICT OF CALIFORNIA, VICE ALICEMARIE H. RONALD F. JONES VALERIE C. DANYLUK STOTLER, RETIRED. CHRISTOPHER A. KEANE JEFFREY L. DAVIS DEPARTMENT OF JUSTICE KURT A. KEMPSTER WILLIAM R. DELORENZO JAMES R. KENNEDY DOUGLAS S. DEWOLFE DAVID B. FEIN, OF CONNECTICUT, TO BE UNITED JEFFREY S. KOJAC STEPHEN M. DICKERSON STATES ATTORNEY FOR THE DISTRICT OF CONNECTICUT DAVID A. KREBS JASON P. DOIRON FOR THE TERM OF FOUR YEARS, VICE KEVIN J. O’CON- GERRY W. LEONARD, JR. MARK T. DONAR NOR, RESIGNED. WILLIAM R. LIEBLEIN DARRYL W. DOTSON TIMOTHY Q. PURDON, OF NORTH DAKOTA, TO BE WILLIAM S. LUCAS DOUGLAS D. DOWNEY UNITED STATES ATTORNEY FOR THE DISTRICT OF WILLIAM J. MACKEY DARREN E. DOYLE NORTH DAKOTA FOR THE TERM OF FOUR YEARS, VICE ROBERT L. MANION, JR. ERIC R. DROWN DREW HOWARD WRIGLEY. JOSEPH A. MATOS III KEVIN M. DUFFY PARKER LOREN CARL, OF KENTUCKY, TO BE UNITED BRENDAN B. MCBREEN MATTHEW A. DUMENIGO STATES MARSHAL FOR THE EASTERN DISTRICT OF KEN- ROGER J. MCFADDEN WADE J. DUNFORD TUCKY FOR THE TERM OF FOUR YEARS, VICE DENNIS MI- FRANK N. MCKENZIE THOMAS J. DUNN III CHAEL KLEIN. ANDRE L. MERCIER JUSTIN S. DUNNE KERRY JOSEPH FORESTAL, OF INDIANA, TO BE UNITED PAUL D. MONTANUS PETER C. DUNNING STATES MARSHAL FOR THE SOUTHERN DISTRICT OF IN- JAMES M. MORRISROE JOHN R. DUPREE BRIAN M. DWYER DIANA FOR THE TERM OF FOUR YEARS, VICE PETER NATHAN I. NASTASE BRIAN W. ECARIUS MANSON SWAIM. DWIGHT C. NEELEY BRIAN D. EHRLICH GERALD SIDNEY HOLT, OF VIRGINIA, TO BE UNITED RONALD D. NEFF JERRY J. ESTELL STATES MARSHAL FOR THE WESTERN DISTRICT OF VIR- MARK W. NELSON BRIAN W. EVANS GINIA FOR THE TERM OF FOUR YEARS, VICE G. WAYNE KYLE J. NICKEL DAVID R. EVERLY PIKE. SEAN P. ODOHERTY HOWARD C. EYTH III CLIFTON TIMOTHY MASSANELLI, OF ARKANSAS, TO BE DANIEL P. OHORA ROBERT B. FANNING UNITED STATES MARSHAL FOR THE EASTERN DISTRICT TIMOTHY J. OLIVER SEAN B. FILSON OF ARKANSAS FOR THE TERM OF FOUR YEARS, VICE RICHARD T. OSTERMEYER ROBERT B. FINNERAN ROBERT GIDEON HOWARD, JR. JOHN A. OSTROWSKI PATRICK L. FITZGERALD SCOTT JEROME PARKER, OF NORTH CAROLINA, TO BE DAVID M. OWEN SHAUN T. FITZPATRICK UNITED STATES MARSHAL FOR THE EASTERN DISTRICT MICHAEL S. PALERMO, JR. JOHN D. FLEMING OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, CHRISTOPHER J. PARKHURST JEFFREY M. GAGNON VICE CLYDE R. COOK, JR. ALEX G. PETERSON KELVIN W. GALLMAN NEAL F. PUGLIESE IN THE COAST GUARD PATRICK C. GALLOGLY ROBERT L. RAUENHORST RAYMUNDO R. GAMBOL JAMES P. RETHWISCH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HARRY L. GARDNER DOMINIC E. ROBERTS AS VICE COMMANDANT OF THE UNITED STATES COAST ROBERT J. GEORGE MICHAEL D. ROBINSON GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, HIETH D. GIBLER PAUL P. RYAN U.S.C., SECTION 47: CLIFFORD W. GILMORE NEIL C. SCHUEHLE BRETT A. GIORDANO To be vice admiral SUSAN B. SEAMAN MICHAEL D. GONZALEZ WILLIAM H. SEELY III REAR ADM. SALLY BRICE-O’HARA CHRISTEON C. GRIFFIN ROBERT C. SHERRILL JEFFREY D. GROHARING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OLIVER B. SPENCER DARRY W. GROSSNICKLE AS COMMANDER, PACIFIC AREA OF THE UNITED STATES NICHOLAS A. SPIGNESI JASON S. GUELLO COAST GUARD AND TO THE GRADE INDICATED UNDER MATTHEW G. STCLAIR TREVOR HALL TITLE 14, U.S.C., SECTION 50: KRIS J. STILLINGS ERIC J. HAMSTRA JAMES B. STOPA EDDY I. HANSEN III To be vice admiral VICTOR S. STOVER BRIAN J. HARDY ROBERT L. TANZOLA III REAR ADM. MANSON K. BROWN ROGER A. HARDY CHRISTOPHER D. TAYLOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRADLEY J. HARMS WILLIAM R. TIBBS AS COMMANDER, ATLANTIC AREA OF THE UNITED BRENDON G. HARPER TERENCE D. TRENCHARD STATES COAST GUARD AND TO THE GRADE INDICATED TIFFANY N. HARRIS ROGER B. TURNER, JR. UNDER TITLE 14, U.S.C., SECTION 50: DANIEL P. HARVEY RICK A. URIBE GREGORY R. HAUCK HAROLD R. VANOPDORP, JR. To be vice admiral RICHARD HAWKINS JOHN C. VARA EDWARD J. HEALEY, JR. REAR ADM. ROBERT C. PARKER PATRICK L. WALL KEVIN M. HEARTWELL MARK M. WALTER IN THE MARINE CORPS SHAWN R. HERMLEY ANNE M. WEINBERG MANLEE J. HERRINGTON CLIFFORD J. WEINSTEIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GLEN R. HINES, JR. FRANK E. WENDLING TO THE GRADE INDICATED IN THE UNITED STATES MA- SHANNON V. HOLLOWAY CHARLES A. WESTERN RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: DANNY L. HOWARD, JR. JOSEPH S. WHITAKER DARYL S. HURST To be colonel CURTIS L. WILLIAMSON III KEVIN H. HUTCHISON KENNETH M. WOODARD WALTER T. ANDERSON JAMES M. ISAACS MATTHEW J. ANS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC S. JAKUBOWSKI JOHN G. BAKER TO THE GRADE INDICATED IN THE UNITED STATES MA- THOMAS F. JASPER, JR. JAVIER J. BALL RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: SHANNON L. JOHNSON JAY M. BARGERON To be lieutenant colonel WILLIAM W. JOHNSON RICHARD T. BEW GREGG M. JOHNSTON EDWARD W. BLIGH STEPHEN J. ACOSTA GILBERT D. JUAREZ BRANTLEY A. BOND AARON W. ADAMS JASON W. JULIAN ROBERT V. BOUCHER BRAD J. AIELLO HENRY JUNE, JR. CHAD M. BREEDEN DAVID M. ANGERSBACH IVAN J. KANAPATHY RANDOLPH J. BRESNIK MIGUEL A. AVILA TRAVIS S. KELLEY LEX A. BROWN RAYMOND P. AYRES III JESSE A. KEMP RICKY F. BROWN BRANDEN G. BAILEY MICHAEL G. KERKHOVE PETER D. BUCK ROBERT O. BAILEY CHRISTOPHER A. KRAJACICH PATRICK C. BYRON TIMOTHY M. BAIRSTOW MICHAEL R. KROHMER JAMES C. CALEY DANIEL J. BAKER ROBERT M. KUDELKO, JR. AARONPAUL CAMELE HEZEKIAH BARGE, JR. DWAINE D. LAMIGO MICHAEL L. CARTER WILLIAM J. BARTOLOMEA KRISTEN A. LASICAKHANER DAVID P. CASEY CHARLES J. BASHAM JON M. LAUDER MICHAEL S. CEDERHOLM DANIEL L. BATES RICHARD B. LAWSON ROGER L. CORDELL ARTHUR R. BEHNKE, JR. WILBUR LEE ROBERT P. COTE ROBERT H. BELKNAP II DOUGLAS LEMOTT, JR. JOSEPH A. CRAFT CLAY A. BERARDI DANIEL J. LEVASSEUR MICHAEL T. CUCCIO GUY G. BERRY JASON A. LEVY STEVEN M. CUNNINGHAM CEDRIC C. BEVIS, JR. JOHN C. LEWIS KEITH M. CUTLER ETHAN C. BISHOP DEVIN O. LICKLIDER JAMES D. DAVIS PETER D. BLADES, JR. MATTHEW E. LIMBERT DAN E. DOWSE JEFFREY M. BOLDUC GLEN P. LINDSTROM TERENCE J. DUNNE DANIEL J. BRADLEY JOSE M. LOPEZ II DAVID J. ESKELUND PHILLIP M. BRAGG CHRISTOPHER C. LYNCH MATTHEW D. FERINGA HENRY J. BREZILLAC PAUL D. MACKENZIE JAMES G. FLYNN NGAIO I. BROWN GIAN F. MACONE ALLEN S. FORD STEPHEN C. BRZOSTOWSKI VICTOR I. MADUKA

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BRADLEY M. MAGRATH JASON S. PERRY JAMES R. TRAVER PETER J. MAHONEY KRISTIAN D. PFEIFFER PHILIP J. TREGLIA AIMEE G. MARES MARK A. PICKETT STEVEN R. TURNER RICHARD E. MARIGLIANO TIM B. POCHOP MICHAEL S. TYSON FRANK Q. MARILAO MICHAEL D. PORTER MARK E. VANSKIKE ROBERTO J. MARTINEZ ANDREW T. PRIDDY VERNON T. VEGGEBERG JOHN J. MAZZARELLA STEPHEN PRITCHARD SCOTT A. VOIGTS PATRICK W. MCCUEN EDWARD L. QUINN, JR. ROBERT S. VOLKERT SCOTT D. MCDONALD CHRISTOPHER K. RAIBLE KIPP A. WAHLGREN MATTHEW R. MCGATH WILLIAM A. RASGORSHEK JORDAN D. WALZER HEIDI J. MCKENNA HUGH J. REDMAN ANDREW B. WARREN JAMES A. MCLAUGHLIN JACKSON L. REESE LAWRENCE A. WASHINGTON ROBERT T. MEADE MATTHEW A. REILEY DEREK J. WASTILA PAUL F. MEAGHER MICHAEL D. REILLY PATRICK D. WAUGH SCOTT O. MEREDITH RYAN W. REILLY BRENT A. WEATHERS NATHAN M. MILLER ROBERT F. REVOIR DAVID A. WEINSTEIN ODELL MILLER III STEPHEN C. RIFFER BENJAMIN D. WILD TODD M. MILLER JAMES A. RIGHTER MICHAEL F. WILONSKY SCOTT C. MITCHELL MATTHEW B. ROBBINS ANDREW R. WINTHROP DARON M. MIZELL GEORGE M. ROBINSON DANIEL J. WITTNAM MARTA J. MOELLENDICK CESAR RODRIGUEZ THOMAS D. WOOD ROSS A. MONTA JAMES A. RYANS II MATTHEW A. WOODHEAD KEVIN L. MOODY MATTHEW R. SALE HAROLD C. YOUNG BILLY R. MOORE, JR. TODD B. SANDERS LUIS R. ZAMARRIPA DAVID E. MOORE MATTHEW R. SASSE JAY E. MOORMAN BRIAN S. SCHENK COBY M. MORAN SCOTT D. SCHOEMAN f PATRICK C. MORAN WILLIAM A. SCHUTZ II NICHOLAS A. MORRIS HECTOR SHEPPARD, JR. MATTHEW T. MORRISSEY BRAD J. SHERMAN DAVID C. MORZENTI ROBERT W. SHERWOOD CONFIRMATIONS JEFFREY V. MUNOZ JOHN R. SIARY KEVIN F. MURRAY CORY G. SIMMONS Executive nominations confirmed by KYLE D. MURRAY CHARLES E. SMITH the Senate, Thursday, February 4, 2010: MICHAEL D. MYERS JASON E. SMITH MATTHEW R. NATION JOHN E. SMITH GENERAL SERVICES ADMINISTRATION SCOTT A. NICHOLSEN PHILIP B. SMITH PAUL D. NOYES PAUL F. SPANGENBERGER MARTHA N. JOHNSON, OF MARYLAND, TO BE ADMINIS- GEORGE NUNEZ DEMETRY P. SPIROPOULOS TRATOR OF GENERAL SERVICES. DOUGLAS B. OGDEN DAMIAN L. SPOONER DEPARTMENT OF LABOR MATTHEW J. PALMA DAVID M. STEELE JEFFREY B. PALMER KYLE M. STODDARD M. PATRICIA SMITH, OF NEW YORK, TO BE SOLICITOR ROBERT G. PALMER KARL J. STOETZER FOR THE DEPARTMENT OF LABOR. KEITH A. PARRELLA MATTHEW W. STOVER THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BREVEN C. PARSONS CHAD M. SUND TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- TROY M. PEHRSON CHRISTOPHER J. TEAGUE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BRADLEY S. PENNELLA JAMES J. TOTH CONSTITUTED COMMITTEE OF THE SENATE.

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