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

Vol. 155 WASHINGTON, THURSDAY, SEPTEMBER 17, 2009 No. 132 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN GILLIBRAND, simply was not the case. When there called to order by the Honorable a Senator from the State of New York, to are circumstances and a decision is KIRSTEN GILLIBRAND, a Senator from perform the duties of the Chair. made not to allow amendments, I un- the State of New York. ROBERT C. BYRD, derstand, after people are in the habit President pro tempore. of being able to offer amendments, how PRAYER Mrs. GILLIBRAND thereupon as- concerned they become. We will ap- The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President proach that whenever it comes about, fered the following prayer: pro tempore. if there is a decision made to so-called Let us pray. f fill the tree and not allow amendments. Heavenly Father, thank You for our In the way we are working, we are RECOGNITION OF THE MAJORITY many freedoms. Help us to use them, taking some tough votes. Democrats LEADER not to hide behind safe walls but to are offering some difficult amend- make our world a better place. Teach The ACTING PRESIDENT pro tem- ments, Republicans are offering some us to live with eternity in our view and pore. The majority leader is recog- difficult amendments. But that is OK. to refuse to let the world squeeze us nized. We are working through these bills. We into its mold. f could have been voting on cloture on Lord, give wisdom to our lawmakers. the Transportation appropriations bill. May they seek Your approval above the SCHEDULE We could have been invoking cloture hollow applause of men and women. As Mr. REID. Madam President, fol- on that bill this morning. It simply has the servants of this Nation, may they lowing leader remarks, the Senate will not been necessary. strive to be filled with Your spirit of be in a period for the transaction of We have some nominations we are wisdom, knowledge, and under- morning business for 1 hour, with Sen- still working our way through. One Re- standing. Use our Senators to reverse ators allowed to speak for up to 10 min- publican Senator has held up a nomina- the spiritual and moral drift of our Na- utes each. However, I ask unanimous tion for quite some time. He came to tion by exemplifying righteousness, re- consent that the full 30 minutes of the me yesterday and said: You can go pentance, rectitude, and reconciliation majority be controlled by the Senator ahead and put that one through. in the lives they lead. from Pennsylvania, Mr. SPECTER. I am satisfied and confident this is We pray in Your Holy Name. Amen. The ACTING PRESIDENT pro tem- the way the Senate should operate. f pore. Without objection, it is so or- We have the health care bill on the dered. horizon. If we are able to get 60 votes PLEDGE OF ALLEGIANCE Mr. REID. The majority will control to proceed to it, it is going to take ev- The Honorable KIRSTEN GILLIBRAND the first 30 minutes, the Republicans eryone’s cooperation and patience to led the Pledge of Allegiance, as follows: will control the second 30 minutes. Fol- work through the amendments that I pledge allegiance to the Flag of the lowing morning business, the Senate will be necessary to go forward on that United States of America, and to the Repub- will begin consideration of H.R. 2996, bill. I am hopeful and confident we can lic for which it stands, one nation under God, the Interior appropriations bill. Fol- work through that bill. If not, we will indivisible, with liberty and justice for all. lowing the managers’ opening state- have to go to reconciliation, which I f ments, the floor will be open for Sen- hope we don’t have to do, but if we APPOINTMENT OF ACTING ators to offer amendments. At 2 p.m., have to, we have to do that. PRESIDENT PRO TEMPORE we will resume consideration of H.R. Anyway, I feel good about what we 3288, the Transportation-HUD appro- have been able to accomplish this The PRESIDING OFFICER. The priations bill, and proceed to a series of week. I repeat, it sets a pattern of how clerk will please read a communication up to six rollcall votes and complete we should be legislating. to the Senate from the President pro action on that bill. Behind me is Senator SPECTER. He tempore (Mr. BYRD). I think it is important to say to ev- came to me a number of times last The bill clerk read the following let- eryone that we are now in a mode of year and said: Are there going to be ter: doing some legislation. I appreciate amendments allowed? And I said yes. U.S. SENATE, very much the cooperation of all Sen- He said he would vote to move forward PRESIDENT PRO TEMPORE, Washington, DC, September 17, 2009. ators, Democrats and Republicans. We on the bill. I think there were other To the Senate: are now in the mode of, when a bill people who felt the same way, but they Under the provisions of rule I, paragraph 3, comes up, people can offer amend- just were not as vocal as Senator SPEC- of the Standing Rules of the Senate, I hereby ments. For a number of years, that TER.

∑ 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 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9490 CONGRESSIONAL RECORD — SENATE September 17, 2009 I appreciate the good work, including dollars from seniors’ Medicare benefits There is no question that Americans that of my colleague, the senior Sen- to pay for new government programs. want health care reform, but they want ator from Kentucky, who is one of the America’s seniors want us to fix Medi- the right reforms and they want us to people who has stressed how important care, not take money from it to pay for take the time we need to get it right. it is to have amendments. I recognize a new, untested, trillion-dollar govern- During the month of August, the Amer- he cannot control his Senators all the ment program. This bill would also ican people sent us a clear message on time, nor can I. In spite of that, we break the President’s promise to sen- health care. I am disappointed that have been able to work through legisla- iors that they will not be required to many of my colleagues apparently were tion. change the coverage they have. Right not listening. I want to get the appropriations bills now, 11 million seniors are enrolled in f done, as does Senator MCCONNELL. He Medicare Advantage, a program that and I have been members of the Appro- gives them more options and choices CONSTITUTION DAY 2009 priations Committee during our entire when it comes to their health care. Mr. MCCONNELL. Madam President, tenure in the Senate. It is important Ninety percent of these seniors are sat- the National Constitution Center in that we work through these bills. As of isfied with their plan. The Finance Philadelphia first opened its doors on today, we will have completed five of Committee bill would make massive July 4, 2003. Situated just steps away them. We are going to do our utmost to cuts to Medicare Advantage and force from the Liberty Bell and historic do the conference reports before the some seniors to give it up, something Independence Hall, it is the only mu- first of October. We may have to—not that even one of our Democratic seum in America solely dedicated to may—we will have to have a short- friends just yesterday called ‘‘intoler- honoring America’s Constitution. term CR, and by the end of that short- able.’’ Our Constitution was signed on this term CR, hopefully we can complete all Senators from both sides of the aisle day—this very day—in 1787 by 39 brave, the appropriations bills. are concerned about the new burdens outstanding Americans. Now, 222 years f this bill would impose on States in the later, we thank them for devising the RECOGNITION OF THE MINORITY form of Medicaid expansion. Unlike the finest system of government mankind LEADER Federal Government, many States are has ever produced. By recognizing that constitutionally—in fact, I think vir- The ACTING PRESIDENT pro tem- rights flow from the people to their tually all of them are constitutionally government and not the other way pore. The Republican leader is recog- required to have balanced budgets. nized. around, our Constitution is firmly This means that if politicians in Wash- dedicated to the preservation of lib- f ington force them to increase spending erty. That is why we celebrate every HEALTH CARE on Medicaid, they very likely will have September 17 as Constitution Day. It is to cut services or raise taxes right in Mr. MCCONNELL. Madam President, a day for all Americans to learn more over the past few months, the Amer- the middle of a recession. about the Constitution, to understand The Finance Committee bill would ican people have been sending us a how it works, and to appreciate how it clear message on health care. They kill jobs by forcing employers to pro- has guided our Nation through growth want reforms that make health care vide insurance, regardless of whether and through change. more affordable and more accessible, they can afford it. While advocates of I thank the senior Senator from West the bill say it does not contain an em- that increase choice, and that keep Virginia, Mr. BYRD, for sponsoring this government out of their health care de- ployer mandate, their claims just do legislation 5 years ago to observe this cisions. What they don’t want are so- not square with the facts. If you tell an historic day. We all know the love Sen- employer that they either have to pro- called reforms that cut seniors’ health ator BYRD has for his country and his care, force Americans off private vide insurance or pay a penalty, that is country’s history. He knows that you health plans they have, cost hundreds a mandate. cannot truly understand how liberty is The Finance Committee bill contains of billions of dollars, raise taxes, and preserved in America without under- approximately $350 billion in new put government bureaucrats in charge standing the Constitution. Thank you, taxes, and some of these taxes, such as of health care. But that is exactly what Senator, for your efforts to ensure that those on medical devices ranging from they would get under the plan released future generations also learn this im- MRIs to Q-tips and new taxes on insur- by the chairman of the Senate Finance portant lesson. ance plans, will drive up insurance pre- Committee just yesterday. So while I On this day, we recognize citizens miums and make health care even appreciate the hard work of the senior across the Nation who are honoring our more expensive for American families. Senator from Montana on this legisla- Constitution by honoring its values If there was one thing we thought ev- tion—and he certainly has spent enor- and passing them along to our children erybody agreed on, it was that any re- mous amounts of time on it—I am ex- and grandchildren. And we say a spe- form should not make health care more tremely disappointed that it does not cial thanks for the men and women in expensive. Yet this Q-tip tax would ac- reflect the concerns Americans have uniform who defend it. Thanks to tually increase health care costs. That been expressing for weeks about health them, the Constitution’s promise will is why Senators from both parties have care reform. That much is very clear. be there for the next generations of warned that it would put thousands of Now it is time to let the American Americans. jobs in jeopardy and actually deter in- people study the bill themselves. Be- I yield the floor. fore we bring any legislation to the novation. floor, we need to make sure the Amer- The Senate Finance Committee bill f also contains a co-op, which is just an- ican people and all of our colleagues, RESERVATION OF LEADER TIME every single one of them, have the time other name for a government plan. It to carefully read it and evaluate its po- still gives the government far too The ACTING PRESIDENT pro tem- tential effects on our health care sys- much control over our health care sys- pore. Under the previous order, the tem and the economy in general. Amer- tem. It cuts seniors’ benefits, spends leadership time is reserved. icans got rushed on the stimulus. They hundreds of billions of dollars, and f will not be rushed on health care—not raises taxes to pay for another trillion- MORNING BUSINESS on an issue that affects every single dollar government program. And it American. Before we discuss or vote on still does not contain the kind of com- The ACTING PRESIDENT pro tem- any plan, we need to know what it monsense reforms the American people pore. Under the previous order, the does, how much it costs, and how it support and Republicans have consist- Senate will proceed to a period of will be paid for. ently recommended, such as meaning- morning business for 1 hour, with Sen- Here is what we know now about the ful reforms to get rid of junk lawsuits ators permitted to speak therein for up Finance Committee plan. against doctors and hospitals and re- to 10 minutes each, with the time First, the Finance Committee pro- forms to level the playing field when it equally divided and controlled between posal would cut hundreds of billions of comes to taxes on a health care plan. the two leaders or their designees, with

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9491 the majority controlling the first half retary of Defense, the Secretary of These questions were posed by me and the minority controlling the sec- State, the Director of National Intel- when we had the debate on the resolu- ond half. ligence, and the Director of the Central tion for authorizing the use of force. The Senator from Pennsylvania. Intelligence Agency on a series of ques- On October 7, 2002, I said the following: f tions which I think requires answers What was the extent of Saddam Hussein’s before we can make an informed judg- control over weapons of mass destruction? U.S. POLICY IN AFGHANISTAN ment as to whether the expenditures in What would it cost by way of casualties to Mr. SPECTER. Madam President, I Afghanistan are in our specific and key topple Saddam Hussein? What would be the national interests. These are the ques- consequences in Iraq? Who would govern have sought recognition to comment after Saddam was toppled? What would hap- about U.S. policy in Afghanistan. Dur- tions which I have posed for these lead- pen in the region, the impact on the Arab ing the course of the August recess, ers: world, and the impact on Israel? What are the prospects for military and of course with my customary prac- The President, as Commander in success in Afghanistan against al- tice, I traveled to Pennsylvania’s 67 Chief, as we all know, has primary re- Qaida and the Taliban? What will the counties to take the pulse of my con- sponsibility to conduct war but the requirements be in the next year as to stituents. While there are many prob- Constitution vests in the Congress the additional U.S. troops and the cost of lems, there was considerable concern sole authority to declare war. Regret- our involvement in Afghanistan? What about what our policy is going to be in tably, the congressional authority and may we reasonably expect NATO or Afghanistan. I note at this time, ac- responsibility has been dissipated with other allies to contribute in troops and cording to yesterday’s New York what we have seen in Korea and in dollars to our efforts in Afghanistan? Times, there have been 821 American Vietnam and in the authorizations for What other areas around the world are servicemembers killed in Afghanistan, the use of force in the two incursions open to al-Qaida as potential bases for some $189 billion has been appropriated into Iraq. We do not have the authority another attack on the United States? for Afghanistan, and by the end of this under separation of powers to delegate What will be done besides military ac- year there will be 68,000 American mili- that authority. And had we asked the tion, such as nation building and stabi- tary personnel and an additional 38,000 tough questions and had we gotten cor- lizing and developing Afghanistan, so NATO troops from other countries in rect, honest, accurate answers, it that they will be prepared to handle Afghanistan. would have been a great help to Presi- their own problems so we can with- Madam President, I ask unanimous dent George W. Bush in formulating a draw? What assistance can we reason- consent that an extensive floor state- policy as to Iraq. I think now it would ably expect from Pakistan in fighting ment be included in the text of the be a great help to President Barack al-Qaida and the Taliban and stopping CONGRESSIONAL RECORD at the conclu- Obama for the Congress to exercise our both from seeking refuge by moving in sion of my statement. persistence in finding correct answers and out of Pakistan? How does the The ACTING PRESIDENT pro tem- to these kinds of tough questions. pore. Without objection, it is so or- questionable legitimacy of President We have a situation with Pakistan dered. Karzai’s status as result of allegations today which gives great pause. The (See exhibit 1.) of proof of election fraud impact on our United States has advanced $15.5 bil- Mr. SPECTER. Madam President, I ability to succeed in Afghanistan? How lion to Pakistan since 9/11. Some $10.9 intend now to summarize the substance does the illegal drug trafficking and al- billion of that money has gone for se- of my concerns. leged involvement of high-ranking offi- curity, and there is a real question as The approach on our policy has been cials in the Karzai government in such to whether we have gotten our monies outlined in testimony earlier this week drug trafficking impact on our efforts worth. The comments from the New by ADM Michael Mullen, Chairman of in Afghanistan? What does U.S. intel- York Times on December 24, 2007 raised the Joint Chiefs of Staff, in these two ligence show as to any possible plans these issues: statements: Our policy by al-Qaida to attack the United Money has been diverted to help finance States or anyone else? What does U.S. . . . [is] to deny sanctuary to al-Qaida and weapons systems designed to counter India, the Taliban now and to generate a stable and intelligence show as to whether India not al-Qaida or the Taliban . . . the United secure Afghanistan capable of denying al- poses a real threat to attack Pakistan? States has paid tens of millions of dollars in Qaida return after withdrawal of our combat What does U.S. intelligence show as to inflated Pakistani reimbursement claims for forces and while we sustain partnership and whether Pakistan poses a real threat fuel, ammunition and other costs. commitment to political and economic de- to attack India? What does U.S. intel- Dr. Anthony Cordesman, of the Cen- velopment in that nation. ligence show as to whether Pakistan ter for Strategic and International Admiral Mullen told the committee: could reasonably devote additional Studies, wrote on April 10 of this year: A properly resourced counterinsurgency military force to assist us in the fight Far too much of the military portion of probably means more forces, without ques- against the Taliban? What does U.S. in- the . . . past U.S. aid to Pakistan never was tion more time and more commitment to the telligence show as to whether the Gov- used to help fight the Taliban and al-Qaida or can’t be accounted for. Future aid should protection of the Afghan people and to the ernment of Pakistan or influential offi- development of good governance. clearly be tied to clearly defined goals for cials in the Pakistani Government Pakistani action and full accounting for the While I think it is laudable to want would consider negotiating with India money. to protect the Afghan people and to for reducing nuclear weapons or other The New York Times, on August 30 of provide good governance there, it is my confidence-building measures to diffuse this year, pointed out: view that is not of sufficient national the tension with India if actively en- The United States has accused Pakistan of interest for the United States to put couraged to do so by the United illegally modifying American-made missiles our troops at risk or to expend sub- States? What does U.S. intelligence to expand its capability to strike land tar- stantial additional sums there. The show as to whether the Government of gets, a potential threat to India. principal question, as I see it, is wheth- India or some influential officials in The questions which have been posed er Afghanistan is indispensable to be the Indian Government would consider in the series of letters which I have secured to prevent al-Qaida from negotiating with Pakistan for reducing outlined go to the issue as to whether launching another attack against the nuclear weapons or other confidence- India poses a threat to Pakistan. It is United States. If that is the purpose, building measures to diffuse the ten- hard for me to contemplate that is a that is the necessity, then we must un- sion with Pakistan if actively encour- serious problem, but we ought to be in- dertake anything, whatever it costs, to aged by the United States to do so? formed and we ought to be putting our stop al-Qaida from again attacking the We have learned a bitter lesson from efforts to seeing if we cannot broker a United States. Iraq—that we did not have answers to peace treaty between India and Paki- But I believe there is a series of ques- important questions in formulating our stan, which would enable us to get sub- tions which have to be answered before policy there. Had we known that Sad- stantial help from Pakistan in our we can assess whether that is an indis- dam Hussein did not have weapons of fight against the Taliban. pensable part of U.S. policy. Toward mass destruction, I think the United In 1995, when I was chairman of the that end, I have written to the Sec- States would not have gone into Iraq. Intelligence Committee, Senator Hank

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9492 CONGRESSIONAL RECORD — SENATE September 17, 2009 Brown of Colorado and I visited India Afghanistan, it ought to be a matter of realistic prospect of succeeding there, and and Pakistan. When we were in India, paramount importance, indispensable the importance of Afghanistan in stopping al we met with Prime Minister Rao, who as a matter of stopping another attack Qaeda from again attacking the United brought up the subject of a potential by al-Qaida. But if al-Qaida can orga- States. In evaluating foreign aid to Paki- stan. Congress needs to know whether Paki- nuclear confrontation between India nize in some other spot, the issues stan could be persuaded to aid us in fighting and Pakistan and said he would like to raised by my questions, it would bear the Taliban. In retrospect. important judg- see the subcontinent nuclear free. He heavily on what our policy in Afghani- ments were made on Iraq without sufficient knew we were en route to Pakistan to stan should be. accurate, factual information. see Prime Minister Benazir Bhutto and In addition to the full text of my I am writing to the Secretary of Defense, he asked us to take up the subject with statement being printed in the RECORD, the Director of National Intelligence and Di- her, which we did. As a result, I wrote I ask unanimous consent that copies of rector of the CIA (copies enclosed) to obtain the following letter to President Clin- my letters to Secretary of State Hil- information principally on military and in- telligence matters. My inquiries to you are ton the day after we left India, and I lary Clinton, Secretary of Defense Rob- principally on foreign relation issues involv- think it is worth reading in full: ert Gates, CIA Director and the Direc- ing Afghanistan, Pakistan and India. August 28, 1995. tor of National Intelligence, Dennis In August 1995, Senator Hank Brown and I Dear Mr. President: I think it important to Blair, all be printed in the RECORD, and were told by Prime Minister Rao in a visit to call to your personal attention the substance I yield the floor. New Delhi that India was interested in nego- of meetings which Senator Hank Brown and There being no objection, the mate- tiating with Pakistan to make their sub- I have had in the last 2 days with Indian rial was ordered to be printed in the continent free of nuclear weapons. Prime Prime Minister Rao and Pakistan Prime Minister Rao asked Senator Brown and me RECORD, as follows: Minister Benazir Bhutto. Prime Minister to raise this issue with Pakistan’s Prime Rao stated that he would be very interested U.S. SENATE, Minister Benazir Bhutto which we did. I then in negotiations which would lead to the Washington, DC, September 9, 2009. wrote to President Clinton urging him to elimination of any nuclear weapons on the Hon. ROBERT M. GATES, broker such negotiations. Those discussions subcontinent within 10 or 15 years, including Secretary of Defense, Department of Defense, are summarized in a letter which I sent to renouncing first use of such weapons. His in- Washington, DC. President Clinton: DEAR SECRETARY GATES: Congress will be terest in such negotiations with Pakistan UGUST 28, 1995. called upon to make important decisions on A would cover bilateral talks, a regional con- DEAR MR. PRESIDENT: I think it important the war in Afghanistan. whether there is a ference which would include the United to call to your personal attention the sub- realistic prospect of succeeding there, and States, China, and Russia, in addition to stance of meetings which Senator Hank the importance of Afghanistan in stopping al India and Pakistan. When we asked Prime Brown and I have had in the last two days Qaeda from again attacking the United Minister Bhutto when she had last talked to with Indian Prime Minister Rao and Paki- States. In a related matter, in evaluating Prime Minister Rao, she said she had had no stan Prime Minister Benazir Bhutto. foreign aid to Pakistan. Congress needs to conversations with him during her tenure as Prime Minister Rao stated that he would know whether Pakistan could be persuaded prime minister. Prime Minister Bhutto did be very interested in negotiations which to aid us in fighting the Taliban. In retro- say that she had initiated a contact through would lead to the elimination of any nuclear spect, important judgments were made on an intermediary but that was terminated weapons on his subcontinent within ten or Iraq without sufficient accurate. factual in- when a new controversy arose between Paki- fifteen years including renouncing first use formation. I write to you, the Secretary of stan and India. From our conversations with of such weapons. His interest in such nego- State, the Director of National Intelligence Prime Minister Rao and Prime Minister tiations with Pakistan would cover bilateral and the Director of the CIA (copies enclosed) Bhutto, it is my sense that both would be talks or a regional conference which would on related issues within their purview. very receptive to discussions initiated and include the United States, China and Russia Is U.S. success in Afghanistan critical in brokered by the United States as to nuclear in addition to India and Pakistan. stopping al Qaeda from maintaining a base weapons and also delivery missile systems. I When we asked Prime Minister Bhutto to plan and facilitate another attack on the am dictating this letter to you by telephone when she had last talked to Prime Minister United States? from Damascus so that you will have it at Rao. she said that she had no conversations What are the prospects for military success the earliest moment. I am also telefaxing a with him during her tenure as Prime Min- in Afghanistan against the Taliban? copy of this letter to Secretary of State War- What will the requirements be in the next ister. Prime Minister Bhutto did say that ren Christopher. year as to additional U.S. troops and the cost she had initiated a contact through an inter- In my letter to Secretary of State of our involvement in Afghanistan? mediary but that was terminated when a Clinton, which I sent her last week, I What may we reasonably expect NATO or new controversy arose between Pakistan and asked her what efforts have been made other allies to contribute in troops and dol- India. lars to our efforts in Afghanistan? From our conversations with Prime Min- to broker such a peace treaty between ister Rao and Prime Minister Bhutto, it is India and Pakistan. What will be done besides military action, such as nation-building, in stabilizing and my sense that both would be very receptive I sent on to her a copy of a letter developing Afghanistan so that they will be to discussions initiated and brokered by the which I had written to President Clin- prepared to handle their own problems so United States as to nuclear weapons and also ton; if we could ease the tension be- that we can withdraw? delivery missile systems. tween those two countries, if we could What assistance can we reasonably expect I am dictating this letter to you by tele- persuade Pakistan that India does not from Pakistan in fighting the Taliban and phone from Damascus so that you will have it at the earliest moment. I am also pose a threat so Pakistan would not stopping the Taliban from seeking refuge by moving in and out of Pakistan? telefaxing a copy of this letter to Secretary have to marshal their forces along the of State Warren Christopher. Indian border but instead could aid the How does the questionable legitimacy of President Karzai’s status as a result of alle- Sincerely, United States in our fight against the gations or proof of election fraud impact on ARLEN SPECTER. Taliban, it would be a very different our ability to succeed in Afghanistan? After returning to the United States, I dis- proposition. How does the illegal drug trafficking and cussed such a presidential initiative with The suggestion has been made now to alleged involvement of high-ranking officials President Clinton, but my suggestion was extend $7.5 billion in additional funding in the Karzai government in such drug traf- not pursued. to Pakistan. It seems to me that is not ficking impact on our efforts in Afghanistan? If the current tensions and hostilities be- a good use of our money if it is to fol- Thank you for your consideration of this tween India and Pakistan could be elimi- request. I am available to meet with you or nated or reduced. Pakistan might be per- low the same trail as the $15.5 billion your designee for a briefing on these ques- suaded to increase its military forces to aid which we have expended in the imme- tions. us in the fight against the Taliban. I urge diate past. If we can get the assistance Sincerely, you and your Department to undertake an of Pakistan in fighting the Taliban, it ARLEN SPECTER. initiative to broker a peace treaty between would be one thing. If we could be as- Enclosures. India and Pakistan if you are not already sured that the money was being used U.S. SENATE, doing so. for the intended purpose and not di- Washington, DC, September 9, 2009. I am also interested in your view as to verted for other purposes, as it appears Hon. HILLARY RODHAM CLINTON, whether India poses a realistic threat to Secretary of State, Pakistan which warrants Pakistan devoting the other $15.5 billion was, it would be Washington, DC. military force to that potential threat, a very different picture. DEAR SECRETARY CLINTON: Congress will be which diverts a military contribution which In sum, it seems to me that before we called upon to make important decisions on could aid the U.S. in our fight against the ought to commit additional troops to the war in Afghanistan. whether there is a Taliban?

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9493 I am also interested in your view of a pro- your designee for a briefing on these ques- lowing the barbaric attacks of September 11, posal for the U.S. to grant substantial for- tions. 2001. Our forces swiftly toppled the Taliban eign aid to Pakistan. I raise this question in Sincerely, and denied Al Qaeda leadership the safe the context of Pakistan’s failure during ARLEN SPECTER. haven it had enjoyed in Afghanistan. Both President Musharaf’s tenure to fulfill its Enclosures. Taliban and Al Qaeda leadership survived the commitments on the $10 billion aid granted U.S. SENATE, attack and were able to take refuge and re- by the U.S. from September 11, 2001 to 2007. Washington, DC, September 9, 2009. constitute in the mountainous regions across When Representative Patrick Kennedy and I Hon. LEON PANETTA, the border in Pakistan. raised this subject with President Musharaf Director, Central Intelligence Agency, The cost of the war has already been high: in a December 2007 meeting in Islamabad, he Washington, DC. 821 American servicemembers have died gave a very unsatisfactory answer. DEAR DIRECTOR PANETTA: Congress will be (New York Times—9/16/09) and, according to I am available to meet with you or your called upon to make important decisions on the Congressional Research Service, $189 bil- designee on these subjects. the war in Afghanistan, whether there is a lion appropriated to the Department of De- Sincerely, realistic prospect of succeeding there, and fense, the Department of State, the U.S. ARLEN SPECTER. the importance of Afghanistan in stopping al Agency for International Development, and Enclosures. Qaeda from again attacking the United the Veterans Administration for medical U.S. SENATE, States. In a related matter, in evaluating costs stemming from the war in Afghanistan. Washington, DC, September 9, 2009. foreign aid to Pakistan, Congress needs to By the end of this year, there will be 68,000 Hon. DENNIS C. BLAIR, know whether Pakistan could be persuaded American military personnel and an addi- Director of National Intelligence, to aid us in fighting the Taliban. In retro- tional 38,000 NATO troops from other coun- Washington, DC. spect, important judgments were made on tries in Afghanistan (Los Angeles Times—9/4/ DEAR DIRECTOR BLAIR: Congress will be Iraq without sufficient accurate, factual in- 09). called upon to make important decisions on formation. I write to you, the Secretary of Today, according to the commander of U.S. the war in Afghanistan, whether there is a State, the Secretary of Defense and the Di- forces in Afghanistan, General Stanley realistic prospect of succeeding there, and rector of National Intelligence (copies en- McChrystal, the Taliban again poses a seri- the importance of Afghanistan in stopping al closed) to obtain that information. ous threat. U.S. military personnel casual- Qaeda from again attacking the United How important is Afghanistan to al Qaeda ties are mounting and the Pentagon is call- States. In a related matter, in evaluating as a base for another attack on the U.S.? ing for a build-up of U.S. forces there. Before foreign aid to Pakistan, Congress needs to Does al Qaeda have other bases which Congress, or at least this member, can take know whether Pakistan could be persuaded would be sufficient for them to plan and fa- a position on more U.S. troops for Afghani- to aid us in fighting the Taliban. In retro- cilitate another attack on the United stan, there is a need for answers to critical spect, important judgments were made on States? questions. To help gather information to Iraq without sufficient accurate, factual in- What other areas are open to al Qaeda as allow me to make informed decisions, I sent formation. I write to you, the Secretary of potential bases for another attack on the letters last week to Secretary of Defense State, the Secretary of Defense, and the Di- United States? Robert Gates, Secretary of State Hillary rector of the CIA (copies enclosed) to obtain What does U.S. intelligence show as to any Clinton, Director of National Intelligence that information. possible plans by al Qaeda to attack the Dennis Blair, Director of the CIA Leon Pa- How important is Afghanistan to al Qaeda United States or anyone else? netta and Chairman of the Joint Chiefs of as a base for another attack on the U.S.? What does U.S. intelligence show as to Staff Michael Mullen posing questions about Does al Qaeda have other bases which whether India poses a real threat to attack the current situation in Afghanistan and would be sufficient for them to plan and fa- Pakistan? Pakistan, whether there is a realistic pros- cilitate another attack on the United What does U.S. intelligence show as to pect of succeeding there, the importance of States? whether Pakistan poses a real threat to at- the mission in Afghanistan to stopping Al What other areas are open to al Qaeda as tack India? Qaeda from again attacking the United potential bases for another attack on the What does U.S. intelligence show as to States, and U.S. efforts to engage other re- United States? whether Pakistan could reasonably devote gional players such as India to ease tensions What does U.S. intelligence show as to any additional military force to assisting us in in the region [letters attached]. These ques- possible plans by al Qaeda to attack the the fight against the Taliban? tions are posed in the context that Congress United States or anyone else? What does U.S. intelligence show as to did not get candid, direct answers to ques- What does U.S. intelligence show as to whether the government of Pakistan or some tions posed before the resolution authorizing whether India poses a real threat to attack influential officials in the Pakistani govern- the use of force in Iraq. Had we known Sad- Pakistan? ment would consider negotiating with India dam did not have weapons of mass destruc- What does U.S. intelligence show as to for reducing nuclear weapons or other con- tion, the United States would not have gone whether Pakistan poses a real threat to at- fidence-building measures to defuse the ten- into Iraq. tack India? sion with India if actively encouraged by the The paramount question is whether Af- What does U.S. intelligence show as to U.S. to do so? ghanistan is indispensable for Al Qaeda as a whether Pakistan could reasonably devote What does U.S. intelligence show as to base for organizing another attack against additional military force to assisting us in whether the government of India or some in- the United States? If so, the United States the fight against the Taliban? fluential officials in the Indian government must do whatever it takes to stop that from What does U.S. intelligence show as to would consider negotiating with Pakistan happening, as there is no more important na- whether the government of Pakistan or some for reducing nuclear weapons or other con- tional security interest than protection of influential officials in the Pakistani govern- fidence-building measures to defuse the ten- our citizens. Additional questions which ment would consider negotiating with India sion with Pakistan if actively encouraged by need to be answered include: for reducing nuclear weapons or other con- the U.S. to do so? What are the prospects for military success fidence-building measures to defuse the ten- What does U.S. intelligence show on the al- in Afghanistan against Al Qaeda and the sion with India if actively encouraged by the legations that President Karzai and his asso- Taliban? U.S. to do so? ciates acted fraudulently in the recent presi- What will the requirements be in the next What does U.S. intelligence show as to dential elections? year as to additional U.S. troops and the cost whether the government of India or some in- What does U.S. intelligence show on the al- of our involvement in Afghanistan? fluential officials in the Indian government legations that President Karzai and his asso- What may we reasonably expect NATO or would consider negotiating with Pakistan ciates are involved in illegal narcotics activ- other allies to contribute in troops and dol- for reducing nuclear weapons or other con- ity? lars to our efforts in Afghanistan? fidence-building measures to defuse the ten- I am writing an identical letter to Director What other areas around the world are sion with Pakistan if actively encouraged by of National Intelligence Dennis Blair. open to Al Qaeda as potential bases for an- the U.S. to do so? Thank you for your consideration of this other attack on the United States? What does U.S. intelligence show on the al- request. I am available to meet with you or What will be done besides military action, legations that President Karzai and his asso- your designee for a briefing on these ques- such as nation-building, in stabilizing and ciates acted fraudulently in the recent presi- tions. developing Afghanistan so that they will be dential elections? Sincerely, prepared to handle their own problems so What does U.S. intelligence show on the al- ARLEN SPECTER. that we can withdraw? legations that President Karzai and his asso- Enclosure. What assistance can we reasonably expect ciates are involved in illegal narcotics activ- from Pakistan in fighting the Al Qaeda and EXHIBIT 1 ity? the Taliban and stopping both from seeking I am writing an identical letter to Director STATEMENT OF SENATOR ARLEN SPECTER— refuge by moving in and out of Pakistan? of the Central Intelligence Agency Leon Pa- U.S. POLICY REGARDING AFGHANISTAN How does the questionable legitimacy of netta. Mr. President: I seek recognition today to President Karzai’s status as a result of alle- Thank you for your consideration of this discuss our military presence in Afghani- gations or proof of election fraud impact on request. I am available to meet with you or stan. We went into Afghanistan in 2001 fol- our ability to succeed in Afghanistan?

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9494 CONGRESSIONAL RECORD — SENATE September 17, 2009 How does the illegal drug trafficking and has this money gone? According to a Decem- would lead to the elimination of any nuclear alleged involvement of high-ranking officials ber 24, 2007 New York Times article: weapons on his subcontinent within ten or in the Karzai government in such drug traf- ‘‘Money has been diverted to help finance fifteen years including renouncing first use ficking impact on our efforts in Afghanistan? weapons systems designed to counter India, of such weapons. His interest in such nego- What does U.S. intelligence show as to any not Al Qaeda or the Taliban, the officials tiations with Pakistan would cover bilateral possible plans by Al Qaeda to attack the said, adding that the United States has paid talks or a regional conference which would United States or anyone else? tens of millions of dollars in inflated Paki- include the United States, China and Russia What does U.S. intelligence show as to stani reimbursement claims for fuel, ammu- in addition to India and Pakistan. whether India poses a real threat to attack nition and other costs.’’ When we asked Prime Minister Bhutto Pakistan? I raised this question during a December when she had last talked to Prime Minister What does U.S. intelligence show as to 27, 2007 meeting in Islamabad with then- Rao, she said that she had no conversations whether Pakistan poses a real threat to at- president Pervez Musharraf. I asked with him during her tenure as Prime Min- tack India? Musharraf about Pakistan’s record following ister. Prime Minister Bhutto did say that What does U.S. intelligence show as to through on its commitments on the $10 bil- she had initiated a contact through an inter- whether Pakistan could reasonably devote lion in aid granted by the U.S. between Sep- mediary but that was terminated when a additional military force to assisting us in tember 11, 2001 and 2007 and found his re- new controversy arose between Pakistan and the fight against the Taliban? sponse wholly inadequate. There is a new re- India. What does U.S. intelligence show as to gime governing in Islamabad now, and I From our conversations with Prime Min- whether the government of Pakistan or some think it crucial that Pakistan will partici- ister Rao and Prime Minister Bhutto, it is influential officials in the Pakistani govern- pate fully in the fight against Al Qaeda and my sense that both would be very receptive ment would consider negotiating with India the Taliban if the U.S. is to finance it. to discussions initiated and brokered by the for reducing nuclear weapons or other con- Before the U.S. sends billions more in aid— United States as to nuclear weapons and also fidence-building measures to defuse the ten- both civil and military—to Pakistan, what delivery missile systems. sion with India if actively encouraged by the assurances do we have that it will go to the I am dictating this letter to you by tele- U.S. to do so? intended recipients? Dr. Anthony phone from Damascus so that you will have What does U.S. intelligence show as to Cordesman, of the Center for Strategic and it at the earliest moment. I am also telefaxing a copy of this letter to Secretary whether the government of India or some in- International Studies, wrote on April 10, of State Warren Christopher. fluential officials in the Indian government 2009: Sincerely, would consider negotiating with Pakistan ‘‘Far too much of the military portion of ARLEN SPECTER. for reducing nuclear weapons or other con- the . . . past U.S. aid to Pakistan never was fidence-building measures to defuse the ten- used to help fight the Taliban and al Qaeda After returning to the United States, I dis- sion with Pakistan if actively encouraged by or can’t be accounted for. Future aid should cussed such a presidential initiative with the U.S. to do so? be clearly tied to clearly defined goals for President Clinton, but my suggestion was In prepared testimony before the Senate Pakistani action and full accounting for the not pursued. Armed Services Committee on September 15, money.’’ If the current tensions and hostilities be- tween India and Pakistan could be elimi- 2009, Admiral Michael Mullen, Chairman of Is it possible to get Pakistan to focus on nated or reduced, Pakistan might be per- the Joint Chiefs of Staff, defined the U.S. the threat posed by Al Qaeda and the suaded to increase its military forces to aid mission in Afghanistan as: Taliban in its tribal regions when Islamabad us in the fight against the Taliban. On Sep- ‘‘. . . to deny sanctuary to al Qaeda and perceives an existential threat to lie next tember 9, 2009, I wrote to Secretary Clinton the Taliban now, and to generate a stable door in India? Or, will Pakistan continue to to urge her to work to mediate dialogue be- and secure Afghanistan capable of denying al divert U.S. aid to bolster defenses along its tween India and Pakistan in the hope of eas- Qaeda return after the withdrawal of our Indian border, as alleged in an August 30, ing bilateral tensions to enable Pakistan to combat forces, and while we sustain partner- 2009 New York Times article, which said: focus more intently on the problem posed by ship and commitment to political and eco- ‘‘The United States has accused Pakistan Al Qaeda and the Taliban along its western nomic development in that nation.’’ of illegally modifying American-made mis- border. Admiral Mullen later told the Committee: siles to expand its capability to strike land . . . a properly resourced counter-insur- targets, a potential threat to India . . .’’ CONCLUSION gency probably means more forces, without I think we need to understand that any re- Congress will be called upon to make im- question, more time and more commitment orientation of Islamabad’s strategic cal- portant decision on the war in Afghanistan to the protection of the Afghan people and to culus—specifically a change of perception that will have consequences for years to the development of good governance.’’ that the existential threat lies to its west in come both in Southwestern Asia and here at While it would be desirable to protect the the form of Al Qaeda and the Taliban rather home. As I said on the Senate floor on Octo- Afghan people and see Afghanistan develop than to the east in India—will have to ber 7, 2002, the authorization of the use of good governance, that mission alone does emerge internally. No amount of money we military force is a core duty of Congress not constitute, in my judgment, a vital na- give Islamabad is going to convince it other- which this institution must not delegate to tional security interest that would warrant wise. The current proposal by Senators the Executive Branch: putting U.S. troops in harm’s way. What has Kerry and Lugar to spend $7.5 billion over ‘‘. . . the doctrine of separation of powers not yet been made clear to me is that a larg- five years to strengthen Pakistan’s civilian precludes the Congress from delegating its er U.S. military presence in Afghanistan will institutions is worth considering, but this core constitutional authority to the execu- further our efforts to deny Al Qaeda a base alone would not guarantee Pakistan’s co- tive branch.... Congress may not delegate from which to organize and launch attacks operation in committing fully to the fight the authority to engage in war. If we author- against the U.S. Conversely, I worry that against Al Qaeda and the Taliban. More im- ize the President to use whatever force is further growing our force in Afghanistan portant than giving money, I believe, is the necessary, that contemplates further action. risks committing ourselves to a costly U.S. undertaking to broker a lasting peace While no one is going to go to court to chal- counter-insurgency mission focused on build- between India and Pakistan. lenge the President’s authority, that is of ing Afghan governmental institutions—a TOWARDS AN INDIA-PAKISTAN PEACE some concern, at least to this Senator.’’ Congress must ask the tough questions mission that would require years if not dec- In August 1995, Senator Hank Brown and I ades to prosecute—when what is in our na- about what an expansion of the U.S. mission were told by Prime Minister Rao in a visit to in Afghanistan would accomplish. On Octo- tion’s best interest may be a much more New Delhi that India was interested in nego- streamlined counter-terrorism mission fo- ber 7, 2002, in the lead up to the authoriza- tiating with Pakistan to make their sub- tion of the use of force in Iraq, I raised simi- cused on pursuing Al Qaeda leadership in continent free of nuclear weapons. Prime Pakistan, Afghanistan, and elsewhere. lar questions on the Senate floor: Minister Rao asked Senator BROWN and me ‘‘What was the extent of Saddam Hussein’s SECURING PAKISTAN’S COOPERATION to raise this issue with Pakistan’s Prime control over weapons of mass destruction? Understanding that the Taliban and Al Minister Benazir Bhutto which we did. I then What would it cost by way of casualties to Qaeda reside in both Pakistan and Afghani- wrote to President Clinton urging him to topple Saddam Hussein? What would be the stan, any U.S. strategy in Afghanistan must broker such negotiations. Those discussions consequence in Iraq? Who would govern after account for conditions across the border in are summarized in a letter which I sent to Saddam was toppled? What would happen in Pakistan, and Washington must effectively President Clinton: the region, the impact on the Arab world, engage Islamabad as well as Kabul. Ques- AUGUST 28, 1995. and the impact on Israel?’’ tions remain, however, about Pakistan’s in- DEAR MR. PRESIDENT: I think it important In retrospect, Congress should have been terest in pursuing a sustained campaign to call to your personal attention the sub- more diligent and insistent on getting can- against the Taliban and Al Qaeda on its own stance of meetings which Senator Hank did, accurate answers to such questions. It soil. Brown and I have had in the last two days would have been a help to President George Since 2001, the U.S. has given over $15.5 bil- with Indian Prime Minister Rao and Paki- W. Bush to have had answers to these ques- lion in overt aid to Pakistan, according to stan Prime Minister Benazir Bhutto. tions candidly and correctly in determining the Congressional Research Service, of which Prime Minister Rao stated that he would his policy. It would now be a help to Presi- $10.9 billion has been security related. Where be very interested in negotiations which dent Obama to have congressional input on

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9495 posing relevant, tough questions and getting were as we look right now and see the Madam President, 2015, that sounds candid, correct answers. While the Constitu- administration is talking about can- reminiscent of August of 1998, when tion gives the President paramount author- celing this program. they said it would be 10 to 15 years. De- ity as Commander-in-Chief, the Constitution I arranged to be in Afghanistan at laying this creates all kinds of prob- gives the Congress the sole authority to de- the time Secretary of Defense Gates clare war. That congressional authority and lems for us. Our credibility in Eastern responsibility have not been appropriately announced the budget, I believe last Europe is something that bothers me. I exercised considering what has happened in February, the Obama budget, so far as was recently in the Czech Republic. Korea and Vietnam and in the resolutions defense was concerned. I was very President Vaclav Klaus—they were co- authorizing the use of force in Iraq in 1991 much concerned. I was concerned about operative in saying yes. The Par- and 2002, none of which constituted congres- what happened to the F–22. Initially, liament debated it and decided we sional declarations of war. we were going to have the only fifth- could put a radar site there which On the ultimate issue of increased U.S. generation fighter that this country would allow us to see something com- forces: Congress should not, and this member has. We, initially, were going to have ing in; otherwise, we would not be able will not, support a policy of increasing U.S. forces in Afghanistan until such policy is 750 of them. He terminated the pro- to do it. Then, next door in Poland, to warranted by candid and correct factual in- gram at 187. have an interception capability—they formation and preferable alternatives cannot I was concerned about the termi- agreed to do that. Parliament didn’t achieve the desired objectives. nation of the C–17 program. I was con- want to do it. They were concerned The ACTING PRESIDENT pro tem- cerned about the termination of the about Russia’s response and a lot of op- pore. The Senator from Oklahoma is Future Combat System. The Future position that there might be. The thing recognized. Combat System is the only ground sys- I do not understand is why Western Eu- Mr. INHOFE. Madam President, tem that has gone through a major rope is not lining up with us and saying could I inquire as to the regular order? change in probably 50 or 60 years. So we have to have those two sites. They The ACTING PRESIDENT pro tem- we will not have that improved ground are the ones who are naked now if we pore. The minority has 30 minutes re- capability for our young men and don’t have that. I am very much concerned about maining in morning business. women who go into harm’s way. Also, I made the comment that I sus- that. MG Vladimir Dvorkin, who is the Mr. INHOFE. I ask when the major- pected at that time, when he suspended head of the Center for Strategic Forces ity would then be recognized? the radar site in the Czech Republic in Moscow, said: ‘‘Iran is actively The ACTING PRESIDENT pro tem- and the interception capability in Po- working on a missile program,’’ adding pore. The majority has 12 minutes re- land, that that was easing into termi- that Iran is ‘‘1 or 2 years’’ from having maining. nating that program. I think we are a nuclear weapon. This concerns me. Mr. INHOFE. Madam President, I finding out today he is terminating We have those individuals we seem to suggest the absence of a quorum. that program. be catering to, the Russians, in order The ACTING PRESIDENT pro tem- On February 3, 2009, Iran launched a to leave ourselves without a type of de- pore. The clerk will call the roll. satellite, on the 30th anniversary of the fensive system to protect Western Eu- The bill clerk proceeded to call the 1979 Islamic Revolution. On July 9 of rope and the Eastern United States. It roll. 2008, Iran tested nine missiles, includ- is troubling to me. Mr. INHOFE. Madam President, I ask ing the Shahab-3, which has a range of In April 2009, North Korea furthered unanimous consent the order for the 1,240 miles. their missile and nuclear development quorum call be rescinded. I recognize the threat to Western Eu- by a Taepodong-2 missile in the China The ACTING PRESIDENT pro tem- rope—this wouldn’t quite do it. It is Sea. That has a range of over 2,000— pore. Without objection, it is so or- 1,240 miles. I think the range in order about 2,500 miles. That would reach dered. to be able to get something to Italy Rome. That would reach Berlin. There Mr. INHOFE. Madam President, if would be about 2,000 miles. has to be a concern that they have this the Senator controlling the remainder On the other hand, we never guess capability, they have demonstrated of the majority time would like to re- these things right. I remember so well, this capability very clearly. serve his time, I will go ahead and in 1998, the Clinton administration NATO leaders stated in December of start. made a statement in response to a 2008, last Christmas, that: The ACTING PRESIDENT pro tem- question I asked on August 14, 1998: Ballistic missile proliferation poses in- pore. Without objection, it is so or- How long will it be until they have the creasing threat to allied forces, territory and dered. multiple-stage capability in North populations. Missile defense forms a part of f Korea? The White House responded it the broader response to counter this threat. was going to be between 10 and 15 We therefore recognize the substantial con- DEFENSE years. Seven days later, on August 13, tribution to the protection of allies from long range ballistic missiles to be provided Mr. INHOFE. Madam President, as 1998, they fired it. by a planned development of the European- we speak, there is an announcement This is how far off we are in our in- based United States missile defense assets. coming from the White House, it is my telligence. We don’t know. I don’t want That is what we are talking about. In understanding, that they are going to to guess this thing too close. Riki Poland, the site in Poland would in- cancel the Eastern European sites we Ellison from the Missile Defense Advo- clude up to 10 silo-based, long-range have been working on for such a long cacy Alliance said: interceptors capable of shooting down period of time. I think it is appropriate The Islamic Republic of Iran has just hostile missiles from Iran in their mid- proved for the first time that it has the capa- to quote something I saw many years course. Let’s put the chart up here. ago and was foreseen by President bility to place satellites in space by success- fully launching a 3-stage liquid fueled rocket A lot of people do not realize this is Reagan when he was President. He very sophisticated. Our missile defense said: that has placed two objects in low-Earth orbit. . . .Iran has demonstrated the key system takes into consideration three Since the dawn of the atomic age, we have technologies of propulsion, staging, and courses. For the segment here, the sought to reduce the risk of war by main- guidance to deliver a weapon of mass de- boost phase, we don’t have anything taining a strong deterrent and by seeking struction globally. there yet. We are supposed to be work- genuine arms control. Deterrence: Making I am hoping the White House doesn’t sure the adversary who thinks about attack- ing on it. I was disturbed that one of ing the United States or our allies or our come out and say that is launching a the things that was terminated by this vital interests concludes that the risks to satellite. It is the same technology, administration is that effort. him outweigh any potential gains. Once he launching a nuclear warhead. This is The terminal defense segment is one understands that, he won’t attack. We main- getting very serious right now. The we are working on right now. The air- tain the peace through our strength; weak- U.S. intelligence community has esti- borne laser in the boost phase is one of ness only invites aggression. mated Iran may have long-range bal- the programs I believe the administra- I wish people today would understand listic missiles capable of threatening tion is canceling. The site in Poland those words of Ronald Reagan quite all of Western Europe and the United would include up to 10 silo-based, long- some time ago and how prophetic they States by 2015. range interceptors. The radar site in

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9496 CONGRESSIONAL RECORD — SENATE September 17, 2009 the Czech Republic would house a nar- Well, the White House was trying to think I have ever seen anyone since row beam midcourse tracking radar say, and several of them on the other Jesse Helms who was loved by so many that is currently used by our missile side in our committee—in fact, the people as Mel Martinez. He had a way defense system in the Pacific. These chairman of our committee—it is going of smiling, and in talking about things are things we know work. to cost a postage stamp a day. People in a way that others did not under- I am very concerned about it. I have are willing to pay for that. stand. My colleagues have already not heard the statement from the Those postage stamps must be get- come to the floor and talked about his White House, but I have a feeling we ting pretty expensive. Now we have escape from Cuba and how he came are going to hear the same thing we found out there is an analysis released over and how then he was able to get heard back in 1998, and it is very trou- by the U.S. Department of Treasury his father over. It is a story that Amer- bling. This is something that can be— that was held down, not released. Now ica will always remember. It will al- should be an act of desperation in we know what it is. They said the cost ways be in our history books. terms of Western Europe at this time. would be between $100 and $200 billion a He was always such a great guy. He CAP AND TRADE year. will be missed around here. Having said that, this is some good The cost—this is according to their One of the things that was not said news. That was the bad news. The good figures now—to an American household much about him was his sense of news is we have notice this morning would be an extra $1,761 a year. This is humor. I have to say I enjoyed being that the Democratic caucus, as re- their analysis. I think that is right. In around him because he was, in his own ported in Politico, is split over the bill, fact, we have seen the CRA report that subtle way, a very humorous person. I the cap-and-trade bill we are talking shows the cost of this—and MIT agrees can remember, and I have had the occa- about, with coal-, oil- and manufac- with this, I might add, because they sion, probably more than any other turing-State Democrats raising con- evaluated the Warner-Lieberman bill 12 Member, going into the areas in Iraq cerns that a cap-and-trade system months ago—right now being closer to and Afghanistan and Africa where would disproportionately spike elec- $366 billion a year, with a cost per fam- there were hostilities. But I was mak- tricity bills for consumers and busi- ily, the study has shown, in my State ing probably my 12th or 14th trip into nesses in their regions. of Oklahoma and in the State of Texas, Baghdad on a C–130. It happened to be There is a recognition now that this we would be the highest taxed. It would Mel Martinez’s first trip. So we were thing we have been talking about ever be $3,300 a year per family. That is talking about: Once you get out, you since the Kyoto treaty—the threat at huge. I know the east coast and the are going to run over to the helicopter, that time that they were talking about west coast is a little bit more than half and they are going to take you to the is now. Everyone realizes that is not of that, but still it is a huge tax in- Green Zone, all of the things to antici- what it was. Science has changed dra- crease. pate. I said to him: One of the problems matically and most scientists now are Finally, this report that was put to- we are going to have is that when we saying this is something that was over- gether by the Department of Treasury leave, we have these old C–130E models. stated that one time. The cost, though, is the big thing. I has been released. And they admit it. They should be re-engined. We should quit arguing about the science a long So we can quit talking about some of have J models, but we do not. Because time ago. I gave a speech from this po- these things that are not realistic. of the cuts in the military, we have not dium not too long ago. If anyone is in- We know what the cost is. We know been able to upgrade those systems. terested, I ask my colleagues to go to also the likelihood of it coming up this So I said: When we climb out of here, the Web site inhofe.senate.gov, where year is most unusual. I do not think it it is going to be in a C–130E model. We we listed 700 scientists who were on the is going to happen. The Senate major- are not going to be able to climb as other side of the issue who are now on ity leader stated, I think 2 days ago, high and as fast as we want, and there the skeptics’ side, recognizing the that the Senate may not act on com- are surface-to-air missiles out there science is not there. David Bellamy prehensive energy and climate change that we have to be concerned about. from Great Britain is one who was al- legislation. And, of course, they are all set up. We ways talking about—he was on Al Senator BEN NELSON from Nebraska, have very capable pilots and crews in Gore’s side on this thing. After going a Democrat, I might add, said: We have these C–130s. So I said: We will be well through and restudying and reevalu- enough on our plate at the moment. taken care of if something happens. ating the science, he agreed everything With the fight over health care reform, Sure enough, it happened. wasn’t there. it is questionable to open another The first thing you do when you get The same thing is true with leaders front. out of your helicopter in Baghdad to in France and Israel. But what we have The Senate majority whip, DICK DUR- get on a C–130 to come back to Kuwait now is something people do understand BIN, last week added that: It is a dif- or wherever you might be going is you and that is the cost of this, the con- ficult schedule. Members are already take your helmet, your life jacket, sistent cost. Kyoto’s cost, if we lived anxious about health care reform. So I your vest off, because they are so by the emission standard, would be do not think it is going to come up. heavy and uncomfortable—you get in somewhere, according to the Wharton And I frankly will be ready here to there and you take them off. Well, we Econometric Survey, I think it was fight to make sure it does not come up all did that. called back during the Kyoto days, when the new year comes in. I was sitting up with, as I do quite would be between $300 billion and $330 I do not think there are too many often, the pilots, when all of a sudden billion every year. As bad as the stim- people in the Senate who want to go the explosion came, the light was ulus was, at least that is a one-shot into their reelection in 2010 having there, and we deployed the heat-seek- deal and the people would not have to voted for the largest tax increase in ing devices that are on a C–130. Of pay for it every year. This will be every the history of America. This is exactly course, that is already very loud. year. what it would be. Let’s keep in mind, Someone who has never gone through Then along came McCain-Lieberman what was the largest tax increase in that experience before would assume in 2003 and 2005 and the same estimates the history of America was the 1993 tax we were about to go down. came about that it would be a $300 bil- increase. This would be 10 times great- I ran downstairs and I saw Mel Mar- lion tax increase. I remember 1993 when er than that. And the people now real- tinez sitting there without his helmet, we had the Clinton-Gore tax increase, ize that. That was good news today. without his protective vest by him; he which was the largest tax increase in f had put them back on. I said: Mel, three decades. what are you doing putting your vest During that time we looked at it, it TRIBUTE TO SENATOR MEL and your helmet back on? was a $32 billion tax increase: increas- MARTINEZ He said: Well, I assumed that we were ing inheritance taxes, marginal rates, Mr. INHOFE. Madam President, I going to be shot down. And if Kitty— capital gains, and all of that. That is wish to add my comments to a few that is his wife—if she found out that I only $32 billion. This is 10 times that other comments on Mel Martinez did not have my vest and my helmet size. whom we all loved so much. I do not on, she would kill me.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9497 Well, that is Mel Martinez. He had all mate statutory responsibilities of Senate, was the first to write the presi- of those jewels. I think he is going to other executive branch officials. dent expressing concerns over the in- be missed by a lot of us for all of the Second, the process by which the ad- creasing appointment of White House reasons we have articulated on the ministration examines the character czars. floor. and qualifications of the individuals In his letter he said: I yield the floor and I suggest the ab- appointed by the President to fill the Too often I have seen these lines of author- sence of a quorum. position. ity and responsibility become tangled and The ACTING PRESIDENT pro tem- And, third, whether the individual blurred, sometimes purposely, to shield in- pore. The clerk will call the roll. occupying the position will agree to formation and to obscure the decision-mak- The legislative clerk proceeded to any reasonable request to appear be- ing process. call the roll. fore, or provide information to, Con- Senator BYRD went on to say that: Mr. ALEXANDER. Madam President, gress. The rapid and easy accumulation of power I ask unanimous consent that the order The letter goes on to say: by White House staff can threaten the con- for the quorum call be rescinded. We also urge you to refrain from creating stitutional system of checks and balances. The ACTING PRESIDENT pro tem- similar additional positions or making ap- At the worst, White House staff have taken pore. Without objection, it is so or- pointments to any vacant czar positions direction and control of problematic areas until you have fully consulted with the ap- that are the statutory responsibility of Sen- dered. ate-confirmed officials. Mr. ALEXANDER. Madam President, propriate Congressional committees. Finally, we ask that you reconsider your Senator BYRD continues: how much time is remaining in morn- approach of centralizing authority at the ing business? As Presidential assistants and advisers, White House. Congress has grappled repeat- these White House staffers are not account- The ACTING PRESIDENT pro tem- edly with the question of how to organize the able for their actions to Congress, to cabinet pore. There is 12 minutes remaining. Federal Government. officials, and to virtually anyone but the f We went into some detail about that, President. They rarely testify before Con- gressional committees, and often shield the CZARS and asked respectfully that the Presi- dent consult carefully with Congress information and decision-making process be- Mr. ALEXANDER. Thank you very prior to establishing any additional hind the assertion of executive privilege. much. Would the Chair please let me czars. In too many instances, White House know when I have 1 minute remaining. I ask unanimous consent that this staff have been allowed to inhibit open- Monday on the Senate floor, I ex- letter from six senators be included in ness and transparency, and reduce ac- pressed my concern about the number the RECORD following my remarks. countability. of so-called czars in the White House The ACTING PRESIDENT pro tem- Finally, I ask unanimous consent to and in the administration. I said then pore. Without objection, it is so or- print in the RECORD following my re- that the number of czars—I believe the dered. marks a list of 18 new czars created by number is now 32—is an affront to the (See exhibit 1.) the Obama administration. Constitution. It is anti-democratic. It Mr. ALEXANDER. Senator COLLINS The ACTING PRESIDENT pro tem- is a poor example of what was promised and the five of us who joined in her let- pore. Without objection, it is so or- to be a new era of transparency. It is a ter were not the only Senators to be dered. poor way to manage the government. concerned about this issue. On Wednes- (See exhibit 3.) And it is the most visible symptom of day, Senator FEINGOLD, the Democrat Mr. ALEXANDER. I want to make it this administration’s 8-month record of from Wisconsin, questioned President clear to the White House Press Office too many Washington takeovers. Obama’s policy of policy czars and sent that we are focused on those 18 new Yesterday, the White House blog and a letter to the President, just as we czars. We recognize there have been a White House press secretary objected did. In that letter, Senator FEINGOLD czars before, that for the reasons Sen- to what I said on Monday, pointing out urged the President to release informa- ator BYRD, Senator HUTCHISON, Senator that I had supported manufacturing tion about the role and responsibility COLLINS, and others have described. We czars and AIDS czars 6 years ago. Of of these czars, which is what we asked believe this is too many, and we take course I did; I acknowledged that in my him to do in our letter as well. seriously our responsibilities under Ar- remarks on Monday. As I said Monday, Senator HUTCHISON of Texas, in the ticle II of the Constitution to confirm there have always been some czars in Washington Post on September 13, officials who manage the government, the White House and in the govern- wrote an excellent op-ed describing to ask them questions, to approve their ment since Franklin D. Roosevelt was how the system of checks and balances appropriations, and to withhold their President. Some of them were ap- is upset by an excessive number of appropriations when it’s appropriate. pointed by Presidents, some of them Washington czars who are unconfirmed We have these positions in the Execu- were created by statute, and a few of and unaccountable to the Congress, tive Office of the President; there are them were confirmed by the Senate. and who do not answer questions from 10 of them: central region czar, Dennis There’s never been anything like we’ve those of us who are elected to ask such Ross; cyber-security czar, domestic vi- seen with this administration. questions. olence czar, economic czar, energy and Also on Monday, I joined in a letter I ask unanimous consent that Sen- environment czar, and health czar. from Senator COLLINS, Senator BOND, ator FEINGOLD’s letter to the President Those are some of the biggest issues Senator CRAPO, Senator BENNETT, and be printed in the RECORD following my facing Congress, and here are these Senator ROBERTS, making clear that remarks. czars with authority for policy close to not every czar is a problem. In that let- The ACTING PRESIDENT pro tem- the President but unaccountable to us. ter, we identified at least 18 czar posi- pore. Without objection, it is so or- We have a senior director for informa- tions created by the Obama adminis- dered. tion sharing policy, urban affairs czar, tration whose reported responsibilities (See exhibit 2). WMD policy czar, a green job czar, who may be undermining the constitutional Mr. ALEXANDER. On Monday, I resigned recently. Those are the posi- oversight responsibilities of Congress pointed out that not only Senator tions in the Executive Office of the or express statutory assignments of re- HUTCHISON and Senator COLLINS and President, 10 new ones. Then there are sponsibility to other executive branch the other Republican Senators have eight more that are in departments or officials. these concerns. Now Senator FEINGOLD agencies, including: Afghanistan czar, In this letter from Senator COLLINS, from the other side of the aisle has auto recovery czar, car czar, Great in which the rest of us joined, we said: raised questions about these czars. Lakes czar, pay czar, Guantanamo clo- With regard to each of these positions, I mentioned this Monday, but I want sure czar, international climate czar, we ask that you explain: the specific to repeat it in case the White House and the border czar. authorities and responsibilities of the press office missed it: Senator BYRD, I described on Monday, as Senator position, including any limitations you our President Pro Tempore, widely BYRD has said more eloquently, the have placed on the position to ensure considered by all of us in the Senate to problems with too many czars. The that it does not encroach on the legiti- be the constitutional conscience of this first problem is the constitutional

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9498 CONGRESSIONAL RECORD — SENATE September 17, 2009 checks and balances described by Sen- law or subject to Senate confirmation, such working in a bipartisan fashion, we created a ator BYRD. The second problem is that as the Director of National Intelligence, the transparent framework of accountable lead- this is a poor way to manage the gov- Homeland Security Advisor, and the Chair- ers with the authorities necessary to accom- ernment. When I was a young White man of the Recovery Accountability and plish their vital missions. Transparency Board, do not raise the same If you believe action is needed to address House aide, I was taught that the job of kinds of concerns as positions that you have other failures or impediments to successful the White House staff is to push the established within the Executive Office of coordination within the Executive branch, merely important issues out of the the President that are largely insulated from we ask that you consult carefully with Con- White House so you can reserve to the effective Congressional oversight. We also gress prior to establishing any additional President the handful of truly Presi- recognize that Presidents are entitled to sur- ‘‘czar’’ positions or filling any existing va- dential issues for his attention. His job round themselves with experts who can serve cancies in these positions. We stand ready to is to set the country’s agenda, to see an as senior advisors. work with you to address these challenges Many ‘‘czars’’ you have appointed, how- urgent need and devise a strategy, and to provide our nation’s most senior lead- ever, either duplicate or dilute the statutory ers with the legitimacy necessary to do their meet the need and persuade at least authority and responsibilities that Congress jobs—without furthering the accountability, half the people he is right. He can do has conferred upon Cabinet-level officers and oversight, vetting, and transparency short- that more effectively if the govern- other senior Executive branch officials. comings associated with ‘‘czars.’’ ment is managed by Secretaries and When established within the White House, Sincerely, Cabinet officers. these ‘‘czars’’ can hinder the ability of Con- SUSAN M. COLLINS, Finally, czars are anti-democratic. gress to oversee the complex substantive LAMAR ALEXANDER, Czars are usually Russian, not Amer- issues that you have unilaterally entrusted CHRISTOPHER S. BOND, to their leadership. Whether in the White MIKE CRAPO, ican. Czars are usually imperialists, House or elsewhere. the authorities of these not Democrats. The dictionary says PAT ROBERTS, advisors are essentially undefined. They are ROBERT F. BENNETT, czars are autocratic rulers or leaders. not subject to the Senate’s constitutional U.S. Senators. That is not consistent with the kind of ‘‘advice and consent’’ role, including the EXHIBIT 2 government we want. It is alien to our Senate’s careful review of the character and way of thinking. qualifications of the individuals nominated [From the Hill’s Blog Briefing Room, Sept. Czars are becoming the most visible by the President to fill the most senior posi- 16, 2009] symbol of this administration’s deter- tions within our government. Indeed, many FEINGOLD QUESTIONS OBAMA ‘CZARS’ of these new ‘‘czars’’ appear to occupy posi- (By Jordan Fabian) mination to have an increasing number tions of greater responsibility and authority of Washington takeovers: banks, insur- than many of the officials who have been A liberal senator on Wednesday questioned ance companies, student loans, car confirmed by the Senate to fill positions President Barack Obama’s policy ‘‘czars’’ companies, even farm ponds. Some within your Administration. after the senior advisers have taken heat want to take over health care. Many With these concerns in mind, we have iden- mostly from Republican lawmakers. Americans believe we have a runaway tified at least 18 ‘‘czar’’ positions created by Sen. Russ Feingold (D-Wis.) sent a letter to government with too many Washington your Administration whose reported respon- the president requesting the White House re- sibilities may be undermining the constitu- lease information regarding the ‘‘roles and takeovers, and the last thing we need tional oversight responsibilities of Congress responsibilities’’ of the ‘‘czars.’’ The Senate are 18 new czars unaccountable to or express statutory assignments of responsi- Judiciary Committee member also requested elected officials whose job it is to bility to other Executive branch officials. that the president’s legal advisers prepare a check and balance that government. With regard to each of these positions, we ‘‘judgment’’ on the ‘‘czars’’ constitu- I am glad in a way that the White ask that you explain: tionality. House has noticed my comments and The specific authorities and responsibil- Feingold’s letter represents one of the first those of Senators COLLINS, BENNETT, ities of the position, including any limita- examples of Democratic scrutiny of the tions you have placed on the position to en- president’s ‘‘czars,’’ who are not required to HUTCHISON, and others. I hope they will sure that it does not encroach on the legiti- be confirmed by the Senate. respond to Senator COLLINS’ letter, to mate statutory responsibilities of other Ex- Sen. Robert Byrd (D-W.Va.), who has been Senator FEINGOLD’s request, and to ecutive branch officials; absent from the Senate since experiencing other admonitions. We call on the ad- The process by which the Administration health issues, also expressed skepticism of ministration to answer questions posed examines the character and qualifications of Obama’s use of policy ‘‘czars’’ in February. by these Senators: Who are these the individuals appointed by the President to Republicans in Congress ramped up criti- czars? What is their role? What is their fill the position; and, cism of the the appointed advisers following Whether the individual occupying the posi- responsibility? How were they vetted? the resignation of former green jobs czar Van tion will agree to any reasonable request to Jones after his signature was found on a pe- What limitations are on their positions appear before, or provide information to, to make sure they don’t encroach on tition implying the Bush administration Congress. played a role in the 9/11 terrorist attacks and We also urge you to refrain from creating legitimate statutory responsibilities of making other controversial statements. similar additional positions or making ap- other executive branch officials, and Earlier today, Reps. Darrell Issa (Calif.) pointments to any vacant ‘‘czar’’ positions will they agree to a reasonable request and Lamar Smith (R-Tex.), the top Repub- until you have fully consulted with the ap- to appear before Congress? licans on the House Oversight and Govern- propriate Congressional committees. I yield the floor. Finally, we ask that you reconsider your ment Reform Committee and the House Ju- EXHIBIT 1 approach of centralizing authority at the diciary Committee respectively, sent a simi- lar letter to White House counsel Greg Craig. U.S. SENATE, COMMITTEE ON HOME- White House. Congress has grappled repeat- Energy and Environment ‘‘czar’’ Carol LAND SECURITY AND GOVERN- edly with the question of how to organize the Browner, and FCC Diversity ‘‘czar’’ Mark MENTAL AFFAIRS, federal government. We have worked to im- Washington, DC, September 14, 2009. prove the Department of Homeland Security Lloyd have also faced flak after they made other questionable remarks. Hon. BARACK OBAMA, and bring together the disparate law enforce- President of the United States, The White ment, intelligence, emergency response, and The PRESIDENT OF THE UNITED STATES, House, Washington, DC. security components that form its core. We The White House, DEAR MR. PRESIDENT: We write to express established the Director of National Intel- Washington, DC. our growing concern with the proliferation ligence to coordinate the activities of the 16 DEAR MR. PRESIDENT: From the beginning of ‘‘czars’’ in your Administration. These po- elements of the Intelligence Community, of your administration, you have made an sitions raise serious issues of accountability, breaking down barriers to cooperation that admirable commitment to transparency and transparency, and oversight. The creation of led to intelligence failures before the ter- open government. You showed the strength ‘‘czars,’’ particularly within the Executive rorist attacks of September 11, 2001. The bi- of your commitment by sending a memo- Office of the President, circumvents the con- partisan review by the Homeland Security randum to the heads of executive depart- stitutionally established process of ‘‘advise and Governmental Affairs Committee of the ments and agencies within a week of your in- and consent,’’ greatly diminishes the ability failures associated with the response to Hur- auguration, stating: ‘‘My administration will of Congress to conduct oversight and hold of- ricane Katrina led to fundamental reforms of take appropriate action, consistent with law ficials accountable, and creates confusion the Federal Emergency Management Agen- and policy, to disclose information rapidly in about which officials are responsible for pol- cy, improving our nation’s preparedness and forms that the public can readily find and icy decisions. ability to respond to disasters. In each of use.’’ To be clear, we do not consider every posi- these cases, the Congress’s proposed solution As you know, there has been much discus- tion identified in various reports as a ‘‘czar’’ did not consolidate power in a single czar sion about your decisions to create and as- to be problematic. Positions established by locked away in a White House office. Instead, sign apparently significant policy-making

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9499 responsibilities to White House and other ex- Official Title: Assistant to the President Reports to: Treasury Secretary and Larry ecutive positions; many of the persons filling for Energy and Climate Change Summers, the President’s top economic advi- these positions have come to be referred to Reported Duties: Coordinate energy and sor (position is within the Department of in the media and even within your adminis- climate policy, emphasizing regulation and Treasury) tration as policy ‘‘czars.’’ I heard firsthand conservation. Great Lakes Czar: Cameron Davis about this issue on several occasions from Reports to: President Obama Official Title: Special advisor to the U.S. my constituents in recent town hall meet- Health Czar: Nancy-Ann DeParle EPA overseeing its Great Lakes restoration ings in Wisconsin. Official Title: Counselor to the President plan The Constitution gives the Senate the duty and Director of the White House Office of Reported Duties: Oversees the Administra- to oversee the appointment of Executive offi- Health Reform tion’s initiative to restore the Great Lakes’ cers through the Appointments Clause in Ar- Reported Duties: Coordinates the develop- environment. ticle II, section 2. The Appointments Clause ment of the Administration’s healthcare pol- Reports to: Environmental Protection states that the President ‘‘shall nominate, icy agenda. Agency Administrator (position is within the and by and with the advice and consent of Reports to: President Obama Environmental Protection Agency) the Senate, shall appoint ambassadors, other Senior Director for Information Sharing public ministers and consuls, judges of the Pay Czar: Kenneth Feinberg Policy: Mike Resnick Supreme Court, and all other officers of the Official Title: Special Master on executive Reported Duties: Lead a comprehensive re- United States, whose appointments are not pay view of information sharing and lead an herein otherwise proved for, and which shall Reported Duties: Examines compensation interagency policy process to identify infor- be established by law.’’ This clause is an im- practices at companies that have been bailed mation sharing and access priorities going portant part of the constitutional scheme of out more than once by the federal govern- forward. (Perhaps performing functions separation of powers, empowering the Senate ment. statutorily assigned to the Program Man- to weigh in on the appropriateness of signifi- Reports to: Treasury Secretary (position is ager for the Information Sharing Environ- cant appointments and assisting in its over- within the Department of the Treasury) ment). sight of the Executive Branch. Guantanamo Closure Czar: Daniel Fried As a member of the Senate with the duty Reports to: Unknown Official Title: Special Envoy to oversee the to oversee executive appointments and as Urban Affairs Czar: Adolfo Carrion Jr. closure of the detention center at Guanta- the Chairman of the Senate Constitution Official Title: White House Director of namo Bay Subcommittee, I respectfully urge you to Urban Affairs Reported Duties: Works to get help of for- disclose as much information as you can Reported Duties: Coordinating transpor- eign governments in moving toward closure about these policy advisors and ‘‘czars.’’ Spe- tation and housing initiatives, as well as of Guantanamo Bay. cifically, I ask that you identify these indi- serving as a conduit for federal aid to eco- Reports to: Secretary of State (position is viduals’ roles and responsibilities, and pro- nomically hard-hit cities. within the Department of State) vide the judgment(s) of your legal advisors Reports to: President Obama International Climate Czar: Todd Stern as to whether and how these positions are WMD Policy Czar: Gary Samore Official Title: Special Envoy for Climate consistent with the Appointments Clause. I Official Title: White House Coordinator for Change hope that this information will help address Weapons of Mass Destruction, Security and Reported Duties: Responsible for devel- some of the concerns that have been raised Arms Control oping international approaches to reduce the about new positions in the White House and Reported Duties: Will coordinate issues re- emission of greenhouse gases. elsewhere in the Executive Branch, and will lated to weapons of mass destruction across Reports to: Secretary of State (position is inform any hearing that the Subcommittee the government, including: proliferation, nu- within the Department of State) clear and conventional arms control, threat holds on this topic. Special Representative for Border Affairs Thank you for considering my views on reduction, and terrorism involving weapons and Assistant Secretary for International this important matter. I very much appre- of mass destruction. Affairs (dubbed ‘‘Border Czar’’): Alan Bersin ciate your commitment to transparency and Reports to: National Security Advisor Gen. Official Title: Assistant Secretary for open government and look forward to your James L. Jones International Affairs prompt response. Green Jobs Czar: TBD (Van Jones—Re- Reported Duties: Will coordinate all of the Sincerely, signed) Department’s border security and law-en- RUSSELL D. FEINGOLD, Official Title: Special Adviser for Green forcement efforts. United States Senator. Jobs, Enterprise, and Innovation at the Reports to: Homeland Security Secretary EXHIBIT 3 White House Council on Environmental (position is within the Department of Home- CZARS Quality land Security) POSITIONS IN THE EXECUTIVE OFFICE OF THE Reported Duties: Will focus on environ- f PRESIDENT (10) mentally-friendly employment within the Central Region Czar: Dennis Ross administration and boost support for the CONCLUSION OF MORNING idea nationwide. Official Title: Special Assistant to the BUSINESS President and Senior Director for the Cen- Reports to: Head of Council on Environ- tral Region mental Quality The ACTING PRESIDENT pro tem- Reports to: National Security Adviser Gen. POSITIONS IN A DEPARTMENT OR AGENCY (8) pore. The Senator from California. James L. Jones Afghanistan Czar: Richard Holbrooke Mrs. FEINSTEIN. Madam President, Cybersecurity Czar: TBD Official Title: Special Representative for I am informed that there is 12 minutes Reported Duties: Will have broad authority Afghanistan and Pakistan remaining on the Democratic side for to develop strategy to protect the nation’s Reported Duties: Will work with morning business. I yield back that government-run and private computer net- CENTCOM head to integrate U.S. civilian works. time. and military efforts in the region. Reports to: National Security Advisor Gen. The ACTING PRESIDENT pro tem- Reports to: Secretary of State (position is James L. Jones and Larry Summers, the pore. Time is yielded back, and morn- within the Department of State) President’s top economic advisor ing business is closed. Auto Recovery Czar: Ed Montgomery Domestic Violence Czar: Lynn Rosenthal f Official Title: White House Advisor on Vio- Official Title: Director of Recovery for lence Against Women Auto Communities and Workers DEPARTMENT OF THE INTERIOR, Reported Duties: Will work to leverage Reported Duties: Will advise the President ENVIRONMENT, AND RELATED and Vice President on domestic violence and government resources to support the work- sexual assault issues. ers, communities, and regions that rely on AGENCIES APPROPRIATIONS Reports to: President Obama and Vice the American auto industry. ACT, 2010 President Biden Reports to: Labor Secretary and Larry The ACTING PRESIDENT pro tem- Economic Czar: Paul Volcker Summers, the President’s top economic advi- pore. Under the previous order, the Official Title: Chairman of the President’s sor (position is within the Department of Labor) Senate will proceed to the consider- Economic Recovery Advisory Board ation of H.R. 2996, which the clerk will Reported Duties: Charged with offering Car Czar (Manufacturing Policy): Ron independent, nonpartisan information, anal- Bloom report. ysis and advice to the President as he formu- Official Title: Counselor to the Secretary The legislative clerk read as follows: lates and implements his plans for economic of the Treasury A bill (H.R. 2996) making appropriations recovery. Reported Duties: Leader of the White for the Department of the Interior, environ- Reports to: President Obama House task force overseeing auto company ment and related agencies for the fiscal year Energy and Environment Czar: Carol bailouts; worked on the restructuring of ending September 30, 2010, and for other pur- Browner General Motors and Chrysler LLC. poses.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9500 CONGRESSIONAL RECORD — SENATE September 17, 2009 The Senate proceeded to consider the able until expended: Provided, That 25 percent praisals, and costs of making conveyances of bill which had been reported from the of the aggregate of all receipts during the cur- omitted lands under section 211(b) of that Act, Committee on Appropriations with an rent fiscal year from the revested Oregon and to remain available until expended. California Railroad grant lands is hereby made amendment to strike all after the en- ADMINISTRATIVE PROVISIONS a charge against the Oregon and California acting clause and insert in lieu thereof land-grant fund and shall be transferred to the The Bureau of Land Management may carry the following: General Fund in the Treasury in accordance out the operations funded under this Act by di- That the following sums are appropriated, out with the second paragraph of subsection (b) of rect expenditure, contracts, grants, cooperative of any money in the Treasury not otherwise ap- title II of the Act of August 28, 1937 (50 Stat. agreements and reimbursable agreements with propriated, for the Department of the Interior, 876). public and private entities. Projects funded pur- environment, and related agencies for the fiscal FOREST ECOSYSTEM HEALTH AND RECOVERY FUND suant to a written commitment by a State gov- year ending September 30, 2010, and for other ernment to provide an identified amount of (REVOLVING FUND, SPECIAL ACCOUNT) purposes, namely: money in support of the project may be carried TITLE I In addition to the purposes authorized in out by the bureau upon receipt of the written Public Law 102–381, funds made available in the commitment. Appropriations for the Bureau of DEPARTMENT OF THE INTERIOR Forest Ecosystem Health and Recovery Fund Land Management (BLM) shall be available for BUREAU OF LAND MANAGEMENT can be used for the purpose of planning, pre- purchase, erection, and dismantlement of tem- MANAGEMENT OF LANDS AND RESOURCES paring, implementing and monitoring salvage porary structures, and alteration and mainte- For necessary expenses for protection, use, im- timber sales and forest ecosystem health and re- nance of necessary buildings and appurtenant provement, development, disposal, cadastral sur- covery activities, such as release from competing facilities to which the United States has title; up veying, classification, acquisition of easements vegetation and density control treatments. The to $100,000 for payments, at the discretion of the and other interests in lands, and performance of Federal share of receipts (defined as the portion Secretary, for information or evidence con- other functions, including maintenance of fa- of salvage timber receipts not paid to the coun- cerning violations of laws administered by the cilities, as authorized by law, in the manage- ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– Bureau; miscellaneous and emergency expenses ment of lands and their resources under the ju- 1 et seq., and Public Law 106–393) derived from of enforcement activities authorized or approved risdiction of the Bureau of Land Management, treatments funded by this account shall be de- by the Secretary and to be accounted for solely including the general administration of the Bu- posited into the Forest Ecosystem Health and on the Secretary’s certificate, not to exceed reau, and assessment of mineral potential of Recovery Fund. $10,000: Provided, That notwithstanding 44 public lands pursuant to Public Law 96–487 (16 RANGE IMPROVEMENTS U.S.C. 501, the Bureau may, under cooperative U.S.C. 3150(a)), $965,721,000, to remain available For rehabilitation, protection, and acquisition cost-sharing and partnership arrangements au- until expended, of which not to exceed of lands and interests therein, and improvement thorized by law, procure printing services from $69,336,000 is available for oil and gas manage- of Federal rangelands pursuant to section 401 of cooperators in connection with jointly produced ment; and of which $1,500,000 is for high pri- the Federal Land Policy and Management Act publications for which the cooperators share the ority projects, to be carried out by the Youth of 1976 (43 U.S.C. 1701), notwithstanding any cost of printing either in cash or in services, and Conservation Corps; and of which $3,000,000 other Act, sums equal to 50 percent of all mon- the Bureau determines the cooperator is capable shall be available in fiscal year 2010 subject to eys received during the prior fiscal year under of meeting accepted quality standards: Provided a match by at least an equal amount by the Na- sections 3 and 15 of the Taylor Grazing Act (43 further, That projects to be funded pursuant to tional Fish and Wildlife Foundation for cost- U.S.C. 315 et seq.) and the amount designated a written commitment by a State government to shared projects supporting conservation of Bu- for range improvements from grazing fees and provide an identified amount of money in sup- reau lands; and such funds shall be advanced to mineral leasing receipts from Bankhead-Jones port of the project may be carried out by the Bu- the Foundation as a lump sum grant without re- lands transferred to the Department of the Inte- reau on a reimbursable basis. Appropriations gard to when expenses are incurred. rior pursuant to law, but not less than herein made shall not be available for the de- In addition, $45,500,000 is for the processing of $10,000,000, to remain available until expended: struction of healthy, unadopted, wild horses applications for permit to drill and related use Provided, That not to exceed $600,000 shall be and burros in the care of the Bureau of Land authorizations, to remain available until ex- available for administrative expenses. Management or its contractors or for the sale of pended, to be reduced by amounts collected by wild horses and burros that results in their de- SERVICE CHARGES, DEPOSITS, AND FORFEITURES the Bureau and credited to this appropriation struction for processing into commercial prod- that shall be derived from $6,500 per new appli- For administrative expenses and other costs ucts. related to processing application documents and cation for permit to drill that the Bureau shall UNITED STATES FISH AND WILDLIFE SERVICE collect upon submission of each new applica- other authorizations for use and disposal of tion, and in addition, $36,696,000 is for Mining public lands and resources, for costs of pro- RESOURCE MANAGEMENT viding copies of official public land documents, Law Administration program operations, includ- For necessary expenses of the United States for monitoring construction, operation, and ter- ing the cost of administering the mining claim Fish and Wildlife Service, as authorized by law, mination of facilities in conjunction with use fee program; to remain available until expended, and for scientific and economic studies, general authorizations, and for rehabilitation of dam- to be reduced by amounts collected by the Bu- administration, and for the performance of aged property, such amounts as may be col- reau and credited to this appropriation from an- other authorized functions related to such re- lected under Public Law 94–579, as amended, nual mining claim fees so as to result in a final sources, $1,244,386,000, to remain available until and Public Law 93–153, to remain available appropriation estimated at not more than September 30, 2011 except as otherwise provided until expended: Provided, That, notwith- $965,721,000, and $2,000,000, to remain available herein: Provided, That $2,500,000 is for high pri- standing any provision to the contrary of sec- until expended, from communication site rental ority projects, which shall be carried out by the tion 305(a) of Public Law 94–579 (43 U.S.C. fees established by the Bureau for the cost of Youth Conservation Corps: Provided further, 1735(a)), any moneys that have been or will be administering communication site activities. That not to exceed $22,103,000 shall be used for received pursuant to that section, whether as a CONSTRUCTION implementing subsections (a), (b), (c), and (e) of result of forfeiture, compromise, or settlement, if section 4 of the Endangered Species Act, as For construction of buildings, recreation fa- not appropriate for refund pursuant to section amended, (except for processing petitions, devel- cilities, roads, trails, and appurtenant facilities, 305(c) of that Act (43 U.S.C. 1735(c)), shall be oping and issuing proposed and final regula- $8,626,000, to remain available until expended. available and may be expended under the au- tions, and taking any other steps to implement LAND ACQUISITION thority of this Act by the Secretary to improve, actions described in subsection (c)(2)(A), protect, or rehabilitate any public lands admin- For expenses necessary to carry out sections (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to ex- istered through the Bureau of Land Manage- 205, 206, and 318(d) of Public Law 94–579, in- ceed $11,632,000 shall be used for any activity re- ment which have been damaged by the action of cluding administrative expenses and acquisition garding the designation of critical habitat, pur- a resource developer, purchaser, permittee, or of lands or waters, or interests therein, suant to subsection (a)(3), excluding litigation any unauthorized person, without regard to $28,650,000, to be derived from the Land and support, for species listed pursuant to subsection whether all moneys collected from each such ac- Water Conservation Fund and to remain avail- (a)(1) prior to October 1, 2009: Provided further, tion are used on the exact lands damaged which able until expended. That of the amount available for law enforce- led to the action: Provided further, That any OREGON AND CALIFORNIA GRANT LANDS ment, up to $400,000, to remain available until such moneys that are in excess of amounts need- For expenses necessary for management, pro- expended, may at the discretion of the Secretary ed to repair damage to the exact land for which tection, and development of resources and for be used for payment for information, rewards, funds were collected may be used to repair other construction, operation, and maintenance of ac- or evidence concerning violations of laws ad- damaged public lands. cess roads, reforestation, and other improve- ministered by the Service, and miscellaneous ments on the revested Oregon and California MISCELLANEOUS TRUST FUNDS and emergency expenses of enforcement activity, Railroad grant lands, on other Federal lands in In addition to amounts authorized to be ex- authorized or approved by the Secretary and to the Oregon and California land-grant counties pended under existing laws, there is hereby ap- be accounted for solely on the Secretary’s cer- of Oregon, and on adjacent rights-of-way; and propriated such amounts as may be contributed tificate: Provided further, That of the amount acquisition of lands or interests therein, includ- under section 307 of the Act of October 21, 1976 provided for environmental contaminants, up to ing existing connecting roads on or adjacent to (43 U.S.C. 1701), and such amounts as may be $1,000,000 may remain available until expended such grant lands; $111,557,000, to remain avail- advanced for administrative costs, surveys, ap- for contaminant sample analyses.

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CONSTRUCTION cal year thereafter, after deducting $12,000,000 structed assets, operation of the National Park For construction, improvement, acquisition, or and administrative expenses, apportion the Service automated facility management software removal of buildings and other facilities re- amount provided herein in the following man- system, and comprehensive facility condition as- quired in the conservation, management, inves- ner: (1) to the District of Columbia and to the sessments shall remain available until September tigation, protection, and utilization of fishery Commonwealth of Puerto Rico, each a sum 30, 2011. and wildlife resources, and the acquisition of equal to not more than one-half of 1 percent NATIONAL RECREATION AND PRESERVATION thereof; and (2) to Guam, American Samoa, the lands and interests therein; $39,741,000, to re- For expenses necessary to carry out recreation United States Virgin Islands, and the Common- main available until expended. programs, natural programs, cultural programs, wealth of the Northern Mariana Islands, each a LAND ACQUISITION heritage partnership programs, environmental sum equal to not more than one-fourth of 1 per- compliance and review, international park af- For expenses necessary to carry out the Land cent thereof: Provided further, That the Sec- fairs, statutory or contractual aid for other ac- and Water Conservation Fund Act of 1965, as retary shall, for fiscal year 2010 and each fiscal tivities, and grant administration, not otherwise amended (16 U.S.C. 460l–4 through 11), includ- year thereafter, apportion the remaining provided for, $67,438,000, of which $3,175,000 ing administrative expenses, and for acquisition amount in the following manner: (1) one-third shall be for Preserve America grants as author- of land or waters, or interest therein, in accord- of which is based on the ratio to which the land ized by section 7302 of the Omnibus Public Land ance with statutory authority applicable to the area of such State bears to the total land area Management Act of 2009 (Public Law 111–11). United States Fish and Wildlife Service, of all such States; and (2) two-thirds of which $82,790,000, to be derived from the Land and is based on the ratio to which the population of HISTORIC PRESERVATION FUND Water Conservation Fund and to remain avail- such State bears to the total population of all For expenses necessary in carrying out the able until expended, of which, notwithstanding such States: Provided further, That the amounts Historic Preservation Act of 1966, as amended 16 U.S.C. 460l–9, not more than $1,500,000 shall apportioned under this paragraph shall be ad- (16 U.S.C. 470), and the Omnibus Parks and be for land conservation partnerships author- justed equitably so that no State shall, for fiscal Public Lands Management Act of 1996 (Public ized by the Highlands Conservation Act of 2004: year 2010 and each fiscal year thereafter, be ap- Law 104–333), $74,500,000, to be derived from the Provided, That none of the funds appropriated portioned a sum which is less than 1 percent of Historic Preservation Fund and to remain avail- for specific land acquisition projects can be used the amount available for apportionment under able until September 30, 2011; of which to pay for any administrative overhead, plan- this paragraph for any fiscal year or more than $20,000,000 shall be for Save America’s Treasures ning or other management costs. 5 percent of such amount: Provided further, grants as authorized by section 7303 of the Om- COOPERATIVE ENDANGERED SPECIES That the Federal share of planning grants shall nibus Public Land Management Act of 2009 CONSERVATION FUND not, for fiscal year 2010 and each fiscal year (Public Law 111–11). For expenses necessary to carry out section 6 thereafter, exceed 75 percent of the total costs of CONSTRUCTION of the Endangered Species Act of 1973 (16 U.S.C. such projects and the Federal share of imple- For construction, improvements, repair or re- 1531 et seq.), as amended, $85,001,000, to remain mentation grants shall not, for fiscal year 2010 placement of physical facilities, including a por- available until expended, of which $30,307,000 is and each fiscal year thereafter, exceed 50 per- tion of the expense for the modifications author- to be derived from the Cooperative Endangered cent of the total costs of such projects: Provided ized by section 104 of the Everglades National Species Conservation Fund, of which $5,146,000 further, That the non-Federal share of such Park Protection and Expansion Act of 1989, shall be for the Idaho Salmon and Clearwater projects may not be derived from Federal grant $219,731,000, to remain available until expended. River Basins Habitat Account pursuant to the programs: Provided further, That any amount LAND AND WATER CONSERVATION FUND Snake River Water Rights Act of 2004; and of apportioned in 2010 to any State, territory, or which $54,694,000 is to be derived from the Land other jurisdiction that remains unobligated as of (RESCISSION) and Water Conservation Fund. September 30, 2011, shall be reapportioned, to- The contract authority provided for fiscal NATIONAL WILDLIFE REFUGE FUND gether with funds appropriated in 2012, in the year 2010 by 16 U.S.C. 460l–10a is rescinded. manner provided herein. For expenses necessary to implement the Act LAND ACQUISITION AND STATE ASSISTANCE of October 17, 1978 (16 U.S.C. 715s), $14,500,000. ADMINISTRATIVE PROVISIONS For expenses necessary to carry out the Land NORTH AMERICAN WETLANDS CONSERVATION FUND The Fish and Wildlife Service may carry out and Water Conservation Act of 1965, as amend- For expenses necessary to carry out the provi- the operations of Service programs by direct ex- ed (16 U.S.C. 460l–4 through 11), including ad- sions of the North American Wetlands Conserva- penditure, contracts, grants, cooperative agree- ministrative expenses, and for acquisition of tion Act, as amended (16 U.S.C. 4401–4414), ments and reimbursable agreements with public lands or waters, or interest therein, in accord- $45,147,000, to remain available until expended. and private entities. Appropriations and funds ance with the statutory authority applicable to available to the United States Fish and Wildlife the National Park Service, $118,586,000, to be de- NEOTROPICAL MIGRATORY BIRD CONSERVATION Service shall be available for repair of damage rived from the Land and Water Conservation For expenses necessary to carry out the to public roads within and adjacent to reserva- Fund and to remain available until expended, of Neotropical Migratory Bird Conservation Act, tion areas caused by operations of the Service; which $35,000,000 is for the State assistance pro- as amended, (16 U.S.C. 6101 et seq.), $5,000,000, options for the purchase of land at not to exceed gram and of which $4,000,000 shall be for the to remain available until expended. $1 for each option; facilities incident to such American Battlefield Protection Program grants MULTINATIONAL SPECIES CONSERVATION FUND public recreational uses on conservation areas as authorized by section 7301 of the Omnibus For expenses necessary to carry out the Afri- as are consistent with their primary purpose; Public Land Management Act of 2009 (Public can Elephant Conservation Act (16 U.S.C. 4201– and the maintenance and improvement of Law 111–11). 4203, 4211–4214, 4221–4225, 4241–4246, and 1538), aquaria, buildings, and other facilities under ADMINISTRATIVE PROVISIONS the jurisdiction of the Service and to which the the Asian Elephant Conservation Act of 1997 (16 (INCLUDING TRANSFER OF FUNDS) U.S.C. 4261–4266), the Rhinoceros and Tiger United States has title, and which are used pur- In addition to other uses set forth in section Conservation Act of 1994 (16 U.S.C. 5301–5306), suant to law in connection with management, 407(d) of Public Law 105–391, franchise fees the Great Ape Conservation Act of 2000 (16 and investigation of fish and wildlife resources: credited to a sub-account shall be available for U.S.C. 6301–6305), and the Marine Turtle Con- Provided, That notwithstanding 44 U.S.C. 501, expenditure by the Secretary, without further servation Act of 2004 (16 U.S.C. 6601–6606), the Service may, under cooperative cost sharing appropriation, for use at any unit within the $11,500,000, to remain available until expended. and partnership arrangements authorized by law, procure printing services from cooperators National Park System to extinguish or reduce li- STATE AND TRIBAL WILDLIFE GRANTS in connection with jointly produced publica- ability for Possessory Interest or leasehold sur- For wildlife conservation grants to States and tions for which the cooperators share at least render interest. Such funds may only be used to the District of Columbia, Puerto Rico, Guam, one-half the cost of printing either in cash or for this purpose to the extent that the benefiting the United States Virgin Islands, the Northern services and the Service determines the coop- unit anticipated franchise fee receipts over the Mariana Islands, American Samoa, and Indian erator is capable of meeting accepted quality term of the contract at that unit exceed the tribes under the provisions of the Fish and standards: Provided further, That the Service amount of funds used to extinguish or reduce li- Wildlife Act of 1956 and the Fish and Wildlife may accept donated aircraft as replacements for ability. Franchise fees at the benefiting unit Coordination Act, for the development and im- existing aircraft. shall be credited to the sub-account of the origi- plementation of programs for the benefit of wild- nating unit over a period not to exceed the term NATIONAL PARK SERVICE life and their habitat, including species that are of a single contract at the benefiting unit, in the not hunted or fished, $80,000,000, to remain OPERATION OF THE NATIONAL PARK SYSTEM amount of funds so expended to extinguish or available until expended: Provided, That of the For expenses necessary for the management, reduce liability. amount provided herein, $7,000,000 is for a com- operation, and maintenance of areas and facili- For the costs of administration of the Land petitive grant program for Indian tribes not sub- ties administered by the National Park Service and Water Conservation Fund grants author- ject to the remaining provisions of this appro- (including expenses to carry out programs of the ized by section 105(a)(2)(B) of the Gulf of Mex- priation: Provided further, That $5,000,000 is for United States Park Police), and for the general ico Energy Security Act of 2006 (Public Law 109– a competitive grant program for States, terri- administration of the National Park Service, 432), the National Park Service may retain up to tories, and other jurisdictions with approved $2,261,309,000, of which $9,982,000 for planning 3 percent of the amounts which are authorized plans, not subject to the remaining provisions of and interagency coordination in support of Ev- to be disbursed under such section, such re- this appropriation: Provided further, That the erglades restoration and $99,622,000 for mainte- tained amounts to remain available until ex- Secretary shall, for fiscal year 2010 and each fis- nance, repair or rehabilitation projects for con- pended.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9502 CONGRESSIONAL RECORD — SENATE September 17, 2009 National Park Service funds may be trans- lations applicable to oil, gas, and other minerals and per diem expenses of State and tribal per- ferred to the Federal Highway Administration leases, permits, licenses and operating contracts; sonnel attending Office of Surface Mining Rec- (FHWA), Department of Transportation, for for energy-related or other authorized marine- lamation and Enforcement sponsored training. purposes authorized under 23 U.S.C. 204. Trans- related purposes on the Outer Continental ABANDONED MINE RECLAMATION FUND fers may include a reasonable amount for Shelf; and for matching grants or cooperative For necessary expenses to carry out title IV of FHWA administrative support costs. agreements, $175,217,000, to remain available the Surface Mining Control and Reclamation UNITED STATES GEOLOGICAL SURVEY until September 30, 2011, of which $89,374,000 Act of 1977, Public Law 95–87, as amended, SURVEYS, INVESTIGATIONS, AND RESEARCH shall be available for royalty management ac- $39,588,000, to be derived from receipts of the tivities; and an amount not to exceed For expenses necessary for the United States Abandoned Mine Reclamation Fund and to re- $156,730,000, to be credited to this appropriation Geological Survey to perform surveys, investiga- main available until expended: Provided, That and to remain available until expended, from tions, and research covering topography, geol- pursuant to Public Law 97–365, the Department additions to receipts resulting from increases to ogy, hydrology, biology, and the mineral and of the Interior is authorized to use up to 20 per- rates in effect on August 5, 1993, and from cost water resources of the United States, its terri- cent from the recovery of the delinquent debt recovery fees: Provided, That notwithstanding tories and possessions, and other areas as au- owed to the United States Government to pay 31 U.S.C. 3302, in fiscal year 2010, such amounts thorized by 43 U.S.C. 31, 1332, and 1340; classify for contracts to collect these debts: Provided fur- as are assessed under 31 U.S.C. 9701 shall be col- lands as to their mineral and water resources; ther, That funds made available under title IV lected and credited to this account and shall be give engineering supervision to power permittees of Public Law 95–87 may be used for any re- available until expended for necessary expenses: and Federal Energy Regulatory Commission li- quired non-Federal share of the cost of projects Provided further, That to the extent $156,730,000 censees; administer the minerals exploration funded by the Federal Government for the pur- in addition to receipts are not realized from the program (30 U.S.C. 641); conduct inquiries into pose of environmental restoration related to sources of receipts stated above, the amount the economic conditions affecting mining and treatment or abatement of acid mine drainage needed to reach $156,730,000 shall be credited to materials processing industries (30 U.S.C. 3, 21a, from abandoned mines: Provided further, That this appropriation from receipts resulting from and 1603; 50 U.S.C. 98g(1)) and related purposes such projects must be consistent with the pur- rental rates for Outer Continental Shelf leases as authorized by law; and to publish and dis- poses and priorities of the Surface Mining Con- in effect before August 5, 1993: Provided further, seminate data relative to the foregoing activi- trol and Reclamation Act: Provided further, That the term ‘‘qualified Outer Continental ties; $1,104,340,000, to remain available until That amounts provided under this heading may Shelf revenues’’, as defined in section 102(9)(A) September 30, 2011, of which $65,561,000 shall be be used for the travel and per diem expenses of of the Gulf of Mexico Energy Security Act, divi- available only for cooperation with States or State and tribal personnel attending Office of sion C of Public Law 109–432, shall include only municipalities for water resources investiga- Surface Mining Reclamation and Enforcement the portion of rental revenues that would have tions; of which $40,150,000 shall remain avail- sponsored training. been collected at the rental rates in effect before able until expended for satellite operations; and ADMINISTRATIVE PROVISION August 5, 1993: Provided further, That not to ex- of which $7,321,000 shall be available until ex- ceed $3,000 shall be available for reasonable ex- With funds available for the Technical Inno- pended for deferred maintenance and capital penses related to promoting volunteer beach and vation and Professional Services program in this improvement projects that exceed $100,000 in marine cleanup activities: Provided further, Act, the Secretary may transfer title for com- cost: Provided, That none of the funds provided That notwithstanding any other provision of puter hardware, software and other technical for the biological research activity shall be used law, $15,000 under this heading shall be avail- equipment to State and tribal regulatory and to conduct new surveys on private property, un- able for refunds of overpayments in connection reclamation programs. less specifically authorized in writing by the with certain Indian leases in which the Director BUREAU OF INDIAN AFFAIRS property owner: Provided further, That no part of MMS concurred with the claimed refund due, OPERATION OF INDIAN PROGRAMS of this appropriation shall be used to pay more to pay amounts owed to Indian allottees or than one-half the cost of topographic mapping (INCLUDING TRANSFER OF FUNDS) tribes, or to correct prior unrecoverable erro- or water resources data collection and investiga- For expenses necessary for the operation of neous payments: Provided further, That for the tions carried on in cooperation with States and Indian programs, as authorized by law, includ- costs of administration of the Coastal Impact municipalities. ing the Snyder Act of November 2, 1921 (25 Assistance Program authorized by section 31 of ADMINISTRATIVE PROVISIONS U.S.C. 13), the Indian Self-Determination and the Outer Continental Shelf Lands Act, as Education Assistance Act of 1975 (25 U.S.C. 450 From within the amount appropriated for ac- amended (43 U.S.C. 1456a), MMS in fiscal year et seq.), as amended, the Education Amend- tivities of the United States Geological Survey 2010 may retain up to 4 percent of the amounts ments of 1978 (25 U.S.C. 2001–2019), and the such sums as are necessary shall be available for which are disbursed under section 31(b)(1), such Tribally Controlled Schools Act of 1988 (25 reimbursement to the General Services Adminis- retained amounts to remain available until ex- U.S.C. 2501 et seq.), as amended, $2,309,322,000, tration for security guard services; contracting pended. to remain available until September 30, 2011 ex- for the furnishing of topographic maps and for For an additional amount, $10,000,000, to re- cept as otherwise provided herein; of which not the making of geophysical or other specialized main available until expended, which shall be to exceed $8,500 may be for official reception surveys when it is administratively determined derived from non-refundable inspection fees col- and representation expenses; of which not to ex- that such procedures are in the public interest; lected in fiscal year 2010, as provided in this ceed $74,915,000 shall be for welfare assistance construction and maintenance of necessary Act: Provided, That to the extent that such payments: Provided, That in cases of designated buildings and appurtenant facilities; acquisition amounts are not realized from such fees, the Federal disasters, the Secretary may exceed of lands for gauging stations and observation amount needed to reach $10,000,000 shall be such cap, from the amounts provided herein, to wells; expenses of the United States National credited to this appropriation from receipts re- provide for disaster relief to Indian communities Committee on Geology; and payment of com- sulting from rental rates for Outer Continental affected by the disaster; of which, notwith- pensation and expenses of persons on the rolls Shelf leases in effect before August 5, 1993. standing any other provision of law, including of the Survey duly appointed to represent the OIL SPILL RESEARCH but not limited to the Indian Self-Determination United States in the negotiation and adminis- For necessary expenses to carry out title I, Act of 1975, as amended, not to exceed tration of interstate compacts: Provided, That section 1016, title IV, sections 4202 and 4303, title $154,794,000 shall be available for payments for activities funded by appropriations herein made VII, and title VIII, section 8201 of the Oil Pollu- contract support costs associated with ongoing may be accomplished through the use of con- tion Act of 1990, $6,303,000, which shall be de- contracts, grants, compacts, or annual funding tracts, grants, or cooperative agreements as de- rived from the Oil Spill Liability Trust Fund, to agreements entered into with the Bureau prior fined in 31 U.S.C. 6302 et seq.: Provided further, remain available until expended. to or during fiscal year 2010, as authorized by That the United States Geological Survey may such Act, except that tribes and tribal organiza- enter into contracts or cooperative agreements ADMINISTRATIVE PROVISION tions may use their tribal priority allocations for directly with individuals or indirectly with in- Notwithstanding the provisions of section unmet contract support costs of ongoing con- stitutions or nonprofit organizations, without 35(b) of the Mineral Leasing Act, as amended tracts, grants, or compacts, or annual funding regard to 41 U.S.C. 5, for the temporary or inter- (30 U.S.C. 191(b)), the Secretary shall deduct 2 agreements and for unmet welfare assistance mittent services of students or recent graduates, percent from the amount payable to each State costs; of which not to exceed $566,702,000 for who shall be considered employees for the pur- in fiscal year 2010 and deposit the amount de- school operations costs of Bureau-funded pose of chapters 57 and 81 of title 5, United ducted to miscellaneous receipts of the Treas- schools and other education programs shall be- States Code, relating to compensation for travel ury. come available on July 1, 2010, and shall remain and work injuries, and chapter 171 of title 28, OFFICE OF SURFACE MINING RECLAMATION AND available until September 30, 2011; of which United States Code, relating to tort claims, but ENFORCEMENT $25,000,000 shall be for public safety and justice shall not be considered to be Federal employees REGULATION AND TECHNOLOGY programs as authorized by the Emergency Fund for any other purposes. For necessary expenses to carry out the provi- for Indian Safety and Health, established by MINERALS MANAGEMENT SERVICE sions of the Surface Mining Control and Rec- section 601 of Public Law 110–293 (25 U.S.C. ROYALTY AND OFFSHORE MINERALS MANAGEMENT lamation Act of 1977, Public Law 95–87, as 443c); and of which not to exceed $60,958,000 For expenses necessary for minerals leasing amended, $127,180,000, to remain available until shall remain available until expended for hous- and environmental studies, regulation of indus- September 30, 2011: Provided, That appropria- ing improvement, road maintenance, attorney try operations, and collection of royalties, as tions for the Office of Surface Mining Reclama- fees, litigation support, the Indian Self-Deter- authorized by law; for enforcing laws and regu- tion and Enforcement may provide for the travel mination Fund, land records improvement, and

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9503 the Navajo-Hopi Settlement Program: Provided the project and commenced construction: Pro- shall be available only to the schools in the Bu- further, That notwithstanding any other provi- vided further, That this appropriation may be reau school system as of September 1, 1996. No sion of law, including but not limited to the In- reimbursed from the Office of the Special Trust- funds available to the Bureau shall be used to dian Self-Determination Act of 1975, as amend- ee for American Indians appropriation for the support expanded grades for any school or dor- ed, and 25 U.S.C. 2008, not to exceed $43,373,000 appropriate share of construction costs for space mitory beyond the grade structure in place or within and only from such amounts made avail- expansion needed in agency offices to meet trust approved by the Secretary of the Interior at able for school operations shall be available for reform implementation. each school in the Bureau school system as of administrative cost grants associated with ongo- INDIAN LAND AND WATER CLAIM SETTLEMENTS October 1, 1995. Funds made available under ing grants entered into with the Bureau prior to AND MISCELLANEOUS PAYMENTS TO INDIANS this Act may not be used to establish a charter or during fiscal year 2009 for the operation of For payments and necessary administrative school at a Bureau-funded school (as that term Bureau-funded schools, and up to $500,000 with- expenses for implementation of Indian land and is defined in section 1146 of the Education in and only from such amounts made available water claim settlements pursuant to Public Amendments of 1978 (25 U.S.C. 2026)), except for administrative cost grants shall be available Laws 99–264, 100–580, 101–618, 108–447, 109–379, that a charter school that is in existence on the for the transitional costs of initial administra- 109–479, 110–297, and 111–11, and for implemen- date of the enactment of this Act and that has tive cost grants to grantees that assume oper- tation of other land and water rights settle- operated at a Bureau-funded school before Sep- ation on or after July 1, 2009, of Bureau-funded ments, $47,380,000, to remain available until ex- tember 1, 1999, may continue to operate during schools: Provided further, That any forestry pended. that period, but only if the charter school pays funds allocated to a tribe which remain unobli- INDIAN LAND CONSOLIDATION, BIA to the Bureau a pro rata share of funds to reim- gated as of September 30, 2011, may be trans- burse the Bureau for the use of the real and per- ferred during fiscal year 2012 to an Indian forest For consolidation of fractional interests in In- dian lands and expenses associated with rede- sonal property (including buses and vans), the land assistance account established for the ben- funds of the charter school are kept separate efit of the holder of the funds within the hold- termining and redistributing escheated interests in allotted lands, and for necessary expenses to and apart from Bureau funds, and the Bureau er’s trust fund account: Provided further, That does not assume any obligation for charter any such unobligated balances not so trans- carry out the Indian Land Consolidation Act of 1983, as amended, by direct expenditure or coop- school programs of the State in which the school ferred shall expire on September 30, 2012: Pro- erative agreement, $3,000,000, to remain avail- is located if the charter school loses such fund- vided further, That in order to enhance the able until expended. ing. Employees of Bureau-funded schools shar- safety of Bureau field employees, the Bureau ing a campus with a charter school and per- INDIAN GUARANTEED LOAN PROGRAM ACCOUNT may use funds to purchase uniforms or other forming functions related to the charter schools identifying articles of clothing for personnel. For the cost of guaranteed loans and insured operation and employees of a charter school CONSTRUCTION loans, $8,215,000, of which $1,629,000 is for ad- shall not be treated as Federal employees for ministrative expenses, as authorized by the In- (INCLUDING TRANSFER OF FUNDS) purposes of chapter 171 of title 28, United States dian Financing Act of 1974, as amended: Pro- Code. For construction, repair, improvement, and vided, That such costs, including the cost of maintenance of irrigation and power systems, Notwithstanding any other provision of law, modifying such loans, shall be as defined in sec- including section 113 of title I of appendix C of buildings, utilities, and other facilities, includ- tion 502 of the Congressional Budget Act of 1974: ing architectural and engineering services by Public Law 106–113, if in fiscal year 2003 or 2004 Provided further, That these funds are available a grantee received indirect and administrative contract; acquisition of lands, and interests in to subsidize total loan principal, any part of lands; and preparation of lands for farming, costs pursuant to a distribution formula based which is to be guaranteed or insured, not to ex- on section 5(f) of Public Law 101–301, the Sec- and for construction of the Navajo Indian Irri- ceed $93,807,956. gation Project pursuant to Public Law 87–483, retary shall continue to distribute indirect and ADMINISTRATIVE PROVISIONS $225,000,000, to remain available until expended: administrative cost funds to such grantee using Provided, That such amounts as may be avail- The Bureau of Indian Affairs may carry out the section 5(f) distribution formula. able for the construction of the Navajo Indian the operation of Indian programs by direct ex- DEPARTMENTAL OFFICES penditure, contracts, cooperative agreements, Irrigation Project may be transferred to the Bu- OFFICE OF THE SECRETARY compacts and grants, either directly or in co- reau of Reclamation: Provided further, That not SALARIES AND EXPENSES to exceed 6 percent of contract authority avail- operation with States and other organizations. Notwithstanding 25 U.S.C. 15, the Bureau of For necessary expenses for management of the able to the Bureau of Indian Affairs from the Indian Affairs may contract for services in sup- Department of the Interior, $118,836,000; of Federal Highway Trust Fund may be used to port of the management, operation, and mainte- which not to exceed $25,000 may be for official cover the road program management costs of the nance of the Power Division of the San Carlos reception and representation expenses; and of Bureau: Provided further, That any funds pro- Irrigation Project. which up to $1,000,000 shall be available for vided for the Safety of Dams program pursuant Appropriations for the Bureau of Indian Af- workers compensation payments and unemploy- to 25 U.S.C. 13 shall be made available on a fairs (except the Revolving Fund for Loans Liq- ment compensation payments associated with nonreimbursable basis: Provided further, That uidating Account, Indian Loan Guaranty and the orderly closure of the United States Bureau for fiscal year 2010, in implementing new con- Insurance Fund Liquidating Account, Indian of Mines: Provided, That, for fiscal year 2010 up struction or facilities improvement and repair Guaranteed Loan Financing Account, Indian to $400,000 of the payments authorized by the project grants in excess of $100,000 that are pro- Direct Loan Financing Account, and the Indian Act of October 20, 1976, as amended (31 U.S.C. vided to grant schools under Public Law 100– Guaranteed Loan Program account) shall be 6901–6907) may be retained for administrative 297, as amended, the Secretary of the Interior available for expenses of exhibits. expenses of the Payments in Lieu of Taxes Pro- shall use the Administrative and Audit Require- Notwithstanding any other provision of law, gram: Provided further, That no payment shall ments and Cost Principles for Assistance Pro- no funds available to the Bureau of Indian Af- be made pursuant to that Act to otherwise eligi- grams contained in 43 CFR part 12 as the regu- fairs for central office oversight and Executive ble units of local government if the computed latory requirements: Provided further, That Direction and Administrative Services (except amount of the payment is less than $100: Pro- such grants shall not be subject to section 12.61 executive direction and administrative services vided further, That for fiscal years 2008 through of 43 CFR; the Secretary and the grantee shall funding for Tribal Priority Allocations, regional 2012 the Secretary may reduce the payment au- negotiate and determine a schedule of payments offices, and facilities operations and mainte- thorized by 31 U.S.C. 6901–6907, as amended, for for the work to be performed: Provided further, nance) shall be available for contracts, grants, an individual county by the amount necessary That in considering grant applications, the Sec- compacts, or cooperative agreements with the to correct prior year overpayments to that coun- retary shall consider whether such grantee Bureau of Indian Affairs under the provisions ty: Provided further, That for fiscal years 2008 would be deficient in assuring that the con- of the Indian Self-Determination Act or the through 2012 the amount needed to correct a struction projects conform to applicable building Tribal Self-Governance Act of 1994 (Public Law prior year underpayment to an individual coun- standards and codes and Federal, tribal, or 103–413). ty shall be paid from any reductions for over- State health and safety standards as required In the event any tribe returns appropriations payments to other counties and the amount nec- by 25 U.S.C. 2005(b), with respect to organiza- made available by this Act to the Bureau of In- essary to cover any remaining underpayment is tional and financial management capabilities: dian Affairs, this action shall not diminish the hereby appropriated and shall be paid to indi- Provided further, That if the Secretary declines Federal Government’s trust responsibility to vidual counties using current fiscal year funds. a grant application, the Secretary shall follow that tribe, or the government-to-government re- INSULAR AFFAIRS the requirements contained in 25 U.S.C. 2504(f): lationship between the United States and that Provided further, That any disputes between tribe, or that tribe’s ability to access future ap- ASSISTANCE TO TERRITORIES the Secretary and any grantee concerning a propriations. For expenses necessary for assistance to terri- grant shall be subject to the disputes provision Notwithstanding any other provision of law, tories under the jurisdiction of the Department in 25 U.S.C. 2507(e): Provided further, That in no funds available to the Bureau, other than of the Interior, $81,095,000, of which: (1) order to ensure timely completion of construc- the amounts provided herein for assistance to $71,815,000 shall remain available until ex- tion projects, the Secretary may assume control public schools under 25 U.S.C. 452 et seq., shall pended for technical assistance, including main- of a project and all funds related to the project, be available to support the operation of any ele- tenance assistance, disaster assistance, insular if, within eighteen months of the date of enact- mentary or secondary school in the State of management controls, coral reef initiative activi- ment of this Act, any grantee receiving funds Alaska. ties, and brown tree snake control and research; appropriated in this Act or in any prior Act, has Appropriations made available in this or any grants to the judiciary in American Samoa for not completed the planning and design phase of other Act for schools funded by the Bureau compensation and expenses, as authorized by

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9504 CONGRESSIONAL RECORD — SENATE September 17, 2009 law (48 U.S.C. 1661(c)); grants to the Govern- by the Rural Electrification Act of 1936 and sec- search, emergency rehabilitation, hazardous ment of American Samoa, in addition to current tion 306(a)(1) of the Consolidated Farm and fuels reduction, and rural fire assistance by the local revenues, for construction and support of Rural Development Act for construction and re- Department of the Interior, $979,637,000, to re- governmental functions; grants to the Govern- pair projects in Guam, and such funds shall re- main available until expended, of which not to ment of the Virgin Islands as authorized by law; main available until expended: Provided fur- exceed $6,137,000 shall be for the renovation or grants to the Government of Guam, as author- ther, That such costs, including the cost of construction of fire facilities: Provided, That ized by law; and grants to the Government of modifying such loans, shall be as defined in sec- such funds are also available for repayment of the Northern Mariana Islands as authorized by tion 502 of the Congressional Budget Act of 1974: advances to other appropriation accounts from law (Public Law 94–241; 90 Stat. 272); and (2) Provided further, That such loans or loan guar- which funds were previously transferred for $9,280,000 shall be available until September 30, antees may be made without regard to the popu- such purposes: Provided further, That persons 2011 for salaries and expenses of the Office of lation of the area, credit elsewhere require- hired pursuant to 43 U.S.C. 1469 may be fur- Insular Affairs: Provided, That all financial ments, and restrictions on the types of eligible nished subsistence and lodging without cost transactions of the territorial and local govern- entities under the Rural Electrification Act of from funds available from this appropriation: ments herein provided for, including such trans- 1936 and section 306(a)(1) of the Consolidated Provided further, That notwithstanding 42 actions of all agencies or instrumentalities es- Farm and Rural Development Act: Provided fur- U.S.C. 1856d, sums received by a bureau or of- tablished or used by such governments, may be ther, That any funds transferred to the Sec- fice of the Department of the Interior for fire audited by the Government Accountability Of- retary of Agriculture shall be in addition to protection rendered pursuant to 42 U.S.C. 1856 fice, at its discretion, in accordance with chap- funds otherwise made available to make or et seq., protection of United States property, ter 35 of title 31, United States Code: Provided guarantee loans under such authorities. may be credited to the appropriation from which further, That Northern Mariana Islands Cov- OFFICE OF THE SOLICITOR funds were expended to provide that protection, enant grant funding shall be provided according and are available without fiscal year limitation: SALARIES AND EXPENSES to those terms of the Agreement of the Special Provided further, That using the amounts des- Representatives on Future United States Finan- For necessary expenses of the Office of the So- ignated under this title of this Act, the Sec- cial Assistance for the Northern Mariana Is- licitor, $65,076,000. retary of the Interior may enter into procure- lands approved by Public Law 104–134: Provided OFFICE OF INSPECTOR GENERAL ment contracts, grants, or cooperative agree- further, That the funds for the program of oper- SALARIES AND EXPENSES ments, for hazardous fuels reduction activities, ations and maintenance improvement are appro- For necessary expenses of the Office of In- and for training and monitoring associated with priated to institutionalize routine operations spector General, $48,590,000. such hazardous fuels reduction activities, on and maintenance improvement of capital infra- Federal land, or on adjacent non-Federal land structure with territorial participation and cost OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN for activities that benefit resources on Federal sharing to be determined by the Secretary based INDIANS land: Provided further, That the costs of imple- on the grantee’s commitment to timely mainte- FEDERAL TRUST PROGRAMS menting any cooperative agreement between the nance of its capital assets: Provided further, (INCLUDING TRANSFER OF FUNDS) Federal Government and any non-Federal enti- That any appropriation for disaster assistance For the operation of trust programs for Indi- ty may be shared, as mutually agreed on by the under this heading in this Act or previous ap- ans by direct expenditure, contracts, cooperative affected parties: Provided further, That not- propriations Acts may be used as non-Federal agreements, compacts, and grants, $185,984,000, withstanding requirements of the Competition in matching funds for the purpose of hazard miti- to remain available until expended, of which Contracting Act, the Secretary, for purposes of gation grants provided pursuant to section 404 not to exceed $56,536,000 from this or any other hazardous fuels reduction activities, may obtain of the Robert T. Stafford Disaster Relief and Act, shall be available for historical accounting: maximum practicable competition among: (1) Emergency Assistance Act (42 U.S.C. 5170c): Provided, That funds for trust management im- local private, nonprofit, or cooperative entities; Provided further, That at the request of the provements and litigation support may, as need- (2) Youth Conservation Corps crews, Public Governor of Guam, the Secretary may transfer ed, be transferred to or merged with the Bureau Lands Corps (Public Law 109–154), or related any mandatory or discretionary funds appro- of Indian Affairs, ‘‘Operation of Indian Pro- partnerships with State, local, or non-profit priated, including those provided under Public grams’’ account; the Office of the Solicitor, youth groups; (3) small or micro-businesses; or Law 104–134, to the Secretary of Agriculture for ‘‘Salaries and Expenses’’ account; and the Of- (4) other entities that will hire or train locally a the subsidy cost of direct or guaranteed loans, fice of the Secretary, ‘‘Salaries and Expenses’’ significant percentage, defined as 50 percent or plus not to exceed 3 percent of the amount of account: Provided further, That funds made more, of the project workforce to complete such the subsidy transferred for the cost of loan ad- available through contracts or grants obligated contracts: Provided further, That in imple- ministration, for the purposes authorized by the during fiscal year 2010, as authorized by the In- menting this section, the Secretary shall develop Rural Electrification Act of 1936 and section dian Self-Determination Act of 1975 (25 U.S.C. written guidance to field units to ensure ac- 306(a)(1) of the Consolidated Farm and Rural 450 et seq.), shall remain available until ex- countability and consistent application of the Development Act for construction and repair pended by the contractor or grantee: Provided authorities provided herein: Provided further, projects in Guam, and such funds shall remain further, That, notwithstanding any other provi- That funds appropriated under this head may available until expended: Provided further, sion of law, the statute of limitations shall not be used to reimburse the United States Fish and That such costs, including the cost of modifying commence to run on any claim, including any Wildlife Service and the National Marine Fish- such loans, shall be as defined in section 502 of claim in litigation pending on the date of the eries Service for the costs of carrying out their the Congressional Budget Act of 1974: Provided enactment of this Act, concerning losses to or responsibilities under the Endangered Species further, That such loans or loan guarantees mismanagement of trust funds, until the af- Act of 1973 (16 U.S.C. 1531 et seq.) to consult may be made without regard to the population fected tribe or individual Indian has been fur- and conference, as required by section 7 of such of the area, credit elsewhere requirements, and nished with an accounting of such funds from Act, in connection with wildland fire manage- restrictions on the types of eligible entities which the beneficiary can determine whether ment activities: Provided further, That the Sec- under the Rural Electrification Act of 1936 and there has been a loss: Provided further, That, retary of the Interior may use wildland fire ap- section 306(a)(1) of the Consolidated Farm and notwithstanding any other provision of law, the propriations to enter into non-competitive sole Rural Development Act: Provided further, That Secretary shall not be required to provide a source leases of real property with local govern- any funds transferred to the Secretary of Agri- quarterly statement of performance for any In- ments, at or below fair market value, to con- culture shall be in addition to funds otherwise dian trust account that has not had activity for struct capitalized improvements for fire facilities made available to make or guarantee loans at least 18 months and has a balance of $15.00 on such leased properties, including but not lim- under such authorities. or less: Provided further, That the Secretary ited to fire guard stations, retardant stations, COMPACT OF FREE ASSOCIATION shall issue an annual account statement and and other initial attack and fire support facili- For grants and necessary expenses, $5,318,000, maintain a record of any such accounts and ties, and to make advance payments for any to remain available until expended, as provided shall permit the balance in each such account to such lease or for construction activity associated for in sections 221(a)(2), 221(b), and 233 of the be withdrawn upon the express written request with the lease: Provided further, That the Sec- Compact of Free Association for the Republic of of the account holder: Provided further, That retary of the Interior and the Secretary of Agri- Palau; and section 221(a)(2) of the Compacts of not to exceed $50,000 is available for the Sec- culture may authorize the transfer of funds ap- Free Association for the Government of the Re- retary to make payments to correct administra- propriated for wildland fire management, in an public of the Marshall Islands and the Fed- tive errors of either disbursements from or depos- aggregate amount not to exceed $10,000,000, be- erated States of Micronesia, as authorized by its to Individual Indian Money or Tribal ac- tween the Departments when such transfers Public Law 99–658 and Public Law 108–188: Pro- counts after September 30, 2002: Provided fur- would facilitate and expedite jointly funded vided further, That at the request of the Gov- ther, That erroneous payments that are recov- wildland fire management programs and ernor of Guam, the Secretary may transfer any ered shall be credited to and remain available in projects: Provided further, That funds provided mandatory or discretionary funds appropriated, this account for this purpose. for wildfire suppression shall be available for support of Federal emergency response actions. including those provided under section 104(e) of DEPARTMENT-WIDE PROGRAMS Public Law 108–188, to the Secretary of Agri- CENTRAL HAZARDOUS MATERIALS FUND WILDLAND FIRE MANAGEMENT culture for the subsidy cost of direct or guaran- For necessary expenses of the Department of teed loans, plus not to exceed 3 percent of the (INCLUDING TRANSFERS OF FUNDS) the Interior and any of its component offices amount of the subsidy transferred for the cost of For necessary expenses for fire preparedness, and bureaus for the response action, including loan administration, for the purposes authorized suppression operations, fire science and re- associated activities, performed pursuant to the

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Comprehensive Environmental Response, Com- EMERGENCY TRANSFER AUTHORITY— funds to address identified, unmet needs, dual pensation, and Liability Act, as amended (42 DEPARTMENT-WIDE enrollment, overlapping service areas or inac- U.S.C. 9601 et seq.), $10,175,000, to remain avail- SEC. 102. The Secretary may authorize the ex- curate distribution methodologies. No federally able until expended: Provided, That Public Law penditure or transfer of any no year appropria- recognized tribe shall receive a reduction in 110–161 (121 Stat. 2116) under this heading is tion in this title, for the suppression or emer- Tribal Priority Allocation funds of more than 10 amended by striking ‘‘in advance of or as reim- gency prevention of wildland fires on or threat- percent in fiscal year 2010. Under circumstances bursement for remedial action or response activi- ening lands under the jurisdiction of the De- of dual enrollment, overlapping service areas or ties conducted by the Department pursuant to partment of the Interior; for the emergency re- inaccurate distribution methodologies, the 10 section 107 or 113(f) of such Act’’ and inserting habilitation of burned-over lands under its ju- percent limitation does not apply. in lieu thereof ‘‘including any fines or pen- risdiction; for emergency actions related to po- TWIN CITIES RESEARCH CENTER alties’’. tential or actual earthquakes, floods, volcanoes, SEC. 106. Notwithstanding any other provision NATURAL RESOURCE DAMAGE ASSESSMENT AND storms, or other unavoidable causes; for contin- of law, in conveying the Twin Cities Research RESTORATION gency planning subsequent to actual oil spills; Center under the authority provided by Public NATURAL RESOURCE DAMAGE ASSESSMENT FUND for response and natural resource damage as- Law 104–134, as amended by Public Law 104– To conduct natural resource damage assess- sessment activities related to actual oil spills; for 208, the Secretary may accept and retain land ment and restoration activities by the Depart- the prevention, suppression, and control of ac- and other forms of reimbursement: Provided, ment of the Interior necessary to carry out the tual or potential grasshopper and Mormon That the Secretary may retain and use any such provisions of the Comprehensive Environmental cricket outbreaks on lands under the jurisdic- reimbursement until expended and without fur- Response, Compensation, and Liability Act, as tion of the Secretary, pursuant to the authority ther appropriation: (1) for the benefit of the Na- amended (42 U.S.C. 9601 et seq.), the Federal in section 1773(b) of Public Law 99–198 (99 Stat. tional Wildlife Refuge System within the State Water Pollution Control Act, as amended (33 1658); for emergency reclamation projects under of Minnesota; and (2) for all activities author- U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 section 410 of Public Law 95–87; and shall trans- ized by 16 U.S.C. 460zz. (33 U.S.C. 2701 et seq.), and Public Law 101–337, fer, from any no year funds available to the Of- PAYMENT OF FEES as amended (16 U.S.C. 19jj et seq.), $6,462,000, to fice of Surface Mining Reclamation and En- SEC. 107. The Secretary of the Interior may remain available until expended. forcement, such funds as may be necessary to use discretionary funds to pay private attorney WORKING CAPITAL FUND permit assumption of regulatory authority in fees and costs for employees and former employ- For the acquisition of a departmental finan- the event a primacy State is not carrying out ees of the Department of the Interior reasonably cial and business management system and infor- the regulatory provisions of the Surface Mining incurred in connection with Cobell v. Salazar to mation technology improvements of general ben- Act: Provided, That appropriations made in this the extent that such fees and costs are not paid efit to the Department, $85,823,000, to remain title for wildland fire operations shall be avail- by the Department of Justice or by private in- available until expended: Provided, That none able for the payment of obligations incurred surance. In no case shall the Secretary make of the funds in this Act or previous appropria- during the preceding fiscal year, and for reim- payments under this section that would result tions Acts may be used to establish reserves in bursement to other Federal agencies for destruc- in payment of hourly fees in excess of the high- the Working Capital Fund account other than tion of vehicles, aircraft, or other equipment in est hourly rate approved by the District Court for accrued annual leave and depreciation of connection with their use for wildland fire oper- for the District of Columbia for counsel in Cobell equipment without prior approval of the House ations, such reimbursement to be credited to ap- v. Salazar. propriations currently available at the time of and Senate Committees on Appropriations: Pro- ELLIS, GOVERNORS, AND LIBERTY ISLANDS vided further, That the Secretary may assess receipt thereof: Provided further, That for SEC. 108. Notwithstanding any other provision reasonable charges to State, local and tribal wildland fire operations, no funds shall be made available under this authority until the Sec- of law, the Secretary of the Interior is author- government employees for training services pro- ized to acquire lands, waters, or interests there- vided by the National Indian Program Training retary determines that funds appropriated for ‘‘wildland fire operations’’ shall be exhausted in including the use of all or part of any pier, Center, other than training related to Public dock, or landing within the State of New York Law 93–638: Provided further, That the Sec- within 30 days: Provided further, That all funds used pursuant to this section must be replen- and the State of New Jersey, for the purpose of retary may lease or otherwise provide space and operating and maintaining facilities in the sup- related facilities, equipment or professional serv- ished by a supplemental appropriation which must be requested as promptly as possible: Pro- port of transportation and accommodation of ices of the National Indian Program Training visitors to Ellis, Governors, and Liberty Islands, Center to State, local and tribal government em- vided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, and of other program and administrative activi- ployees or persons or organizations engaged in ties, by donation or with appropriated funds, cultural, educational, or recreational activities accounts from which emergency funds were transferred. including franchise fees (and other monetary (as defined in 40 U.S.C. 3306(a)) at the pre- consideration), or by exchange; and the Sec- vailing rate for similar space, facilities, equip- AUTHORIZED USE OF FUNDS retary is authorized to negotiate and enter into ment, or services in the vicinity of the National SEC. 103. Appropriations made to the Depart- leases, subleases, concession contracts or other Indian Program Training Center: Provided fur- ment of the Interior in this title shall be avail- agreements for the use of such facilities on such ther, That all funds received pursuant to the able for services as authorized by 5 U.S.C. 3109, terms and conditions as the Secretary may de- two preceding provisos shall be credited to this when authorized by the Secretary, in total termine reasonable. account, shall be available until expended, and amount not to exceed $500,000; purchase and re- PROHIBITION ON USE OF FUNDS shall be used by the Secretary for necessary ex- placement of motor vehicles, including specially SEC. 109. (a) Any proposed new use of the Ari- penses of the National Indian Program Training equipped law enforcement vehicles; hire, mainte- zona & California Railroad Company’s Right of Center. nance, and operation of aircraft; hire of pas- Way for conveyance of water shall not proceed ADMINISTRATIVE PROVISION senger motor vehicles; purchase of reprints; pay- unless the Secretary of the Interior certifies that ment for telephone service in private residences There is hereby authorized for acquisition the proposed new use is within the scope of the in the field, when authorized under regulations from available resources within the Working Right of Way. Capital Fund, 15 aircraft, 10 of which shall be approved by the Secretary; and the payment of (b) No funds appropriated or otherwise made for replacement and which may be obtained by dues, when authorized by the Secretary, for li- available to the Department of the Interior may donation, purchase or through available excess brary membership in societies or associations be used, in relation to any proposal to store surplus property: Provided, That existing air- which issue publications to members only or at water underground for the purpose of export, craft being replaced may be sold, with proceeds a price to members lower than to subscribers for approval of any right-of-way or similar au- derived or trade-in value used to offset the pur- who are not members. thorization on the Mojave National Preserve or chase price for the replacement aircraft. AUTHORIZED USE OF FUNDS lands managed by the Needles Field Office of GENERAL PROVISIONS, DEPARTMENT OF THE SEC. 104. Appropriations made in this Act the Bureau of Land Management, or for car- INTERIOR under the headings Bureau of Indian Affairs rying out any activities associated with such EMERGENCY TRANSFER AUTHORITY—INTRA- and Office of the Special Trustee for American right-of-way or similar approval. BUREAU Indians and any unobligated balances from USE OF COOPERATIVE AGREEMENTS (INCLUDING TRANSFERS OF FUNDS) prior appropriations Acts made under the same SEC. 110. For fiscal year 2010, and each fiscal SEC. 101. Appropriations made in this title headings shall be available for expenditure or year thereafter, the Secretary of the Interior shall be available for expenditure or transfer transfer for Indian trust management and re- may enter into cooperative agreements with a (within each bureau or office), with the ap- form activities. Total funding for historical ac- State or political subdivision (including any proval of the Secretary, for the emergency re- counting activities shall not exceed amounts agency thereof), or any not-for-profit organiza- construction, replacement, or repair of aircraft, specifically designated in this Act for such pur- tion if the agreement will: (1) serve a mutual in- buildings, utilities, or other facilities or equip- pose. terest of the parties to the agreement in carrying ment damaged or destroyed by fire, flood, storm, REDISTRIBUTION OF FUNDS out the programs administered by the Depart- or other unavoidable causes: Provided, That no SEC. 105. Notwithstanding any other provision ment of the Interior; and (2) all parties will con- funds shall be made available under this au- of law, the Secretary of the Interior is author- tribute resources to the accomplishment of these thority until funds specifically made available ized to redistribute any Tribal Priority Alloca- objectives. At the discretion of the Secretary, to the Department of the Interior for emer- tion funds, including tribal base funds, to al- such agreements shall not be subject to a com- gencies shall have been exhausted. leviate tribal funding inequities by transferring petitive process.

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CONFORMING AMENDMENT submits a written notice to the management en- provide to the Government of Palau for fiscal SEC. 111. Sections 109 and 110 of the Federal tity.’’. year 2010 grants in amounts equal to the annual Oil and Gas Royalty Management Act (30 PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING amounts specified in subsections (a), (c), and (d) U.S.C. 1719 and 1720) shall, for fiscal year 2010 SEC. 116. (a) DEFINITIONS.—In this section: of section 211 of the Compact of Free Associa- and each fiscal year thereafter, apply to any (1) HISTORIC ATTRACTION.—The term ‘‘historic tion between the Government of the United lease authorizing exploration for or development attraction’’ mean a historic attraction within States of America and the Government of Palau of coal, any other solid mineral, or any geo- the Pearl Harbor Naval Complex, including— (48 U.S.C. 1931 note) (referred to in this section thermal resource on any Federal or Indian (A) the USS Bowfin Submarine Museum and as the ‘‘Compact’’). lands and any lease, easement, right of way, or Park; (b) PROGRAMMATIC ASSISTANCE.—Subject to other agreement, regardless of form, for use of (B) the Battleship Missouri Memorial; subsection (c), the United States shall provide the Outer Continental Shelf or any of its re- (C) the Pacific Aviation Museum-Pearl Har- programmatic assistance to the Republic of sources under sections 8(k) or 8(p) of the Outer bor; and Palau for fiscal year 2010 in amounts equal to Continental Shelf Lands Act (43 U.S.C. 1337(k) (D) any other historic attraction within the the amounts provided in subsections (a) and and 1337(p)) to the same extent as if such lease, Pearl Harbor Naval Complex that— (b)(1) of section 221 of the Compact. easement, right of way, or other agreement, re- (i) the Secretary identifies as a Pearl Harbor (c) LIMITATIONS ON ASSISTANCE.— (1) IN GENERAL.—The grants and pro- gardless of form, were an oil and gas lease, ex- historic attraction; and grammatic assistance provided under sub- cept that in such cases the term ‘‘royalty pay- (ii) is not administered or managed by the Sec- sections (a) and (b) shall be provided to the ment’’ shall include any payment required by retary. same extent and in the same manner as the such lease, easement, right of way or other (2) MONUMENT.—The term ‘‘Monument’’ grants and assistance were provided in fiscal agreement, regardless of form, or by applicable means the World War II Valor in the Pacific year 2009. regulation. National Monument in the State of Hawaii. (3) SECRETARY.—The term ‘‘Secretary’’ means (2) TRUST FUND.—If the Government of Palau PROHIBITION ON USE OF FUNDS, POINT REYES the Secretary of the Interior. withdraws more than $5,000,000 from the trust NATIONAL SEASHORE (4) VISITOR CENTER.—The term ‘‘Visitor Cen- fund established under section 211(f) of the SEC. 112. None of the funds in this Act may be ter’’ means the visitor center located within the Compact, amounts to be provided under sub- used to further reduce the number of Axis or Pearl Harbor Naval Complex on land that is— sections (a) and (b) shall be withheld from the Fallow deer at Point Reyes National Seashore (A) within the Monument; and Government of Palau. below the number as of the date of enactment of (B) managed by the Secretary, acting through GOLDEN GATE NATIONAL RECREATION AREA, FORT this Act. the Director of the National Park Service. BAKER AMENDMENT (b) FACILITATION OF ADMISSION TO HISTORIC OUTER CONTINENTAL SHELF INSPECTION FEES SEC. 118. Section 120 of title I of H.R. 3423 ATTRACTIONS WITHIN PEARL HARBOR NAVAL SEC. 113. (a) In fiscal year 2010, the Minerals (Appendix C) as enacted into law by section COMPLEX.— Management Service (MMS) shall collect a non- 1000(a)(3) of division B of Public Law 106–113 is (1) IN GENERAL.—In managing the Monument, amended by striking the last sentence. refundable inspection fee, which shall be depos- the Secretary may enter into an agreement with ited in the ‘‘Royalty and Offshore Minerals any organization that is authorized to admin- THEODORE ROOSEVELT NATIONAL PARK, ELK Management’’ account, from the designated op- ister or manage a historic attraction— REDUCTION erator for facilities subject to inspection by (A) to allow visitors to the historic attraction SEC. 119. None of the funds made available in MMS under 43 U.S.C. 1348(c) that are above the to gain access to the historic attraction by pass- this Act shall be used to establish or implement waterline, except mobile offshore drilling units, ing through security screening at the Visitor a plan to reduce the number of elk in Theodore and are in place at the start of fiscal year 2010. Center; and Roosevelt National Park unless such plan, not- (b) Fees for 2010 shall be: (B) to allow the sale of tickets to a historic at- withstanding any other provision of law, allows (1) $2,000 for facilities with no wells, but with traction within the Visitor Center by— North Dakota residents possessing a State hunt- processing equipment or gathering lines; (i) employees of the National Park Service; or ing license to be deputized by the Secretary as (2) $3,250 for facilities with one to ten wells, (ii) the organization that administers or man- rangers in such numbers as the Secretary deems with any combination of active or inactive ages the historic attraction. sufficient for purposes of culling the elk herd at wells; and (2) TERMS AND CONDITIONS.—In any agree- the Park, and allows each such volunteer to cull (3) $6,000 for facilities with more than ten ment entered into under paragraph (1), the Sec- one elk and remove its carcass from the Park. wells, with any combination of active or inac- retary— POINT REYES NATIONAL SEASHORE, EXTENSION OF tive wells. (A) shall require the organization admin- PERMIT (c) MMS will bill designated operators within istering or managing the historic attraction to SEC. 120. (a) Prior to the expiration on Novem- 60 days of enactment of this Act, with payment pay to the Secretary a reasonable fee to recover ber 30, 2012 of the Drake’s Bay Oyster Com- required within 30 days of billing. administrative costs of the Secretary associated pany’s Reservation of Use and Occupancy and with the use of the Visitor Center for public ac- YOSEMITE NATIONAL PARK AUTHORIZED associated special use permit (‘‘existing author- PAYMENTS, AMENDMENT cess and ticket sales; (B) shall ensure that the liability of the ization’’) within Drake’s Estero at Point Reyes SEC. 114. Section 101(a)(1) of Public Law 109– United States is limited with respect to any li- National Seashore, the Secretary of the Interior 131 is amended by striking ‘‘2009’’ and inserting ability arising from— shall extend the existing authorization through ‘‘2013’’. (i) the admission of the public through the a lease (or other legal instrument) with the same NORTHERN PLAINS HERITAGE AREA, AMENDMENT Visitor Center to a historic attraction; and terms and conditions, except as provided herein, SEC. 115. Section 8004 of the Omnibus Public (ii) the sale or issuance of any tickets to the for a period of 10 years from November 30, 2012: Land Management Act of 2009 (Public Law 111– historic attraction; and Provided, That such extended authorization is 11; 123 Stat. 1240) is amended— (C) may include any other terms and condi- subject to the Company’s compliance with all (1) by redesignating subsections (g) through tions that the Secretary determines to be appro- applicable laws and regulations (excepting any (i) as subsections (h) through (j), respectively; priate. that would prohibit the extended authorization) (2) in subsection (h)(1) (as redesignated by (3) USE OF FEES.—The proceeds of any and permit conditions in effect on the date of paragraph (1)), in the matter preceding sub- amounts collected as fees under paragraph enactment of this Act with any mutually agreed paragraph (A), by striking ‘‘subsection (i)’’ and (2)(A) shall remain available, without further modifications to such permit conditions, includ- inserting ‘‘subsection (j)’’; and appropriation, for use by the Secretary for the ing the maintenance of best practices as out- (3) by inserting after subsection (f) the fol- Monument. lined in the National Academy of Sciences re- lowing: (4) LIMITATION OF AUTHORITY.—Nothing in port expected in fall 2009 regarding (1) shellfish ‘‘(g) REQUIREMENTS FOR INCLUSION OF PRI- this section authorizes the Secretary— farming in Drake’s Estero, (2) minimizing dis- VATE PROPERTY IN HERITAGE AREA.— (A) to regulate or approve the rates for admis- turbance of marine mammals, and (3) control ‘‘(1) NOTIFICATION AND CONSENT REQUIRE- sion to a historic attraction; and removal, to the extent practicable, of the tu- MENT.—No privately owned property shall be (B) to regulate or manage any visitor services nicate ‘‘Didemnum’’: Provided further, That preserved, conserved, or promoted by the man- within the Pearl Harbor Naval Complex (other such extended authorization is subject to an- agement plan for the Heritage Area until the than the services managed by the National Park nual payments to the United States based on the later of the date on which— Service as part of the Monument); or fair market value of the use of the Federal prop- ‘‘(A) the management entity of the Heritage (C) to charge an entrance fee for admission to erty for the duration of such renewal. Area submits to the owner of the private prop- the Monument. (b) Nothing in this section shall be construed erty a written notification of the proposed pres- (5) PROTECTION OF RESOURCES.—Nothing in to have any application to any location other ervation, conservation, or promotion; and this section authorizes the Secretary or any or- than Point Reyes National Seashore; nor shall ‘‘(B) the owner of the private property pro- ganization that administers or manages a his- anything in this section be cited as precedent vides to the management entity written consent toric attraction to take any action in derogation for management of any potential wilderness out- for the preservation, conservation, or promotion. of the preservation and protection of the values side the Seashore. and resources of the Monument. ‘‘(2) LANDOWNER WITHDRAWAL.—Private prop- CONTRIBUTION AUTHORITY erty included within the boundary of the Herit- ASSISTANCE FOR THE REPUBLIC OF PALAU SEC. 121. Title 43 U.S.C. 1473, as amended by age Area shall immediately be withdrawn from SEC. 117. (a) IN GENERAL.—Subject to sub- Public Law 110–161 and Public Law 111–8, is the Heritage Area if the owner of the property section (c), the Secretary of the Interior shall further amended by deleting ‘‘in fiscal years

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2008 and 2009 only’’ and inserting ‘‘in fiscal BUILDINGS AND FACILITIES States-Mexico Border, after consultation with years 2008, 2009 and 2010 only’’. For construction, repair, improvement, exten- the appropriate border commission; $15,000,000 NATIONAL PARK SYSTEM, SPECIAL RESOURCE sion, alteration, and purchase of fixed equip- shall be for grants to the State of Alaska to ad- STUDY ment or facilities of, or for use by, the Environ- dress drinking water and wastewater infrastruc- ture needs of rural and Alaska Native Villages: SEC. 122. (a) IN GENERAL.—The Secretary of mental Protection Agency, $35,001,000, to remain the Interior (referred to in this section as the available until expended. Provided further, That, of these funds: (1) the State of Alaska shall provide a match of 25 per- ‘‘Secretary’’) shall conduct a special resource HAZARDOUS SUBSTANCE SUPERFUND cent; (2) no more than 5 percent of the funds study of the national significance, suitability, (INCLUDING TRANSFERS OF FUNDS) and feasibility of including the Honouliuli may be used for administrative and overhead ex- For necessary expenses to carry out the Com- penses; and (3) the State of Alaska shall make Gulch and associated sites within the State of prehensive Environmental Response, Compensa- Hawaii in the National Park System. awards consistent with the State-wide priority tion, and Liability Act of 1980 (CERCLA), as list established in conjunction with the Agency (b) GUIDELINES.—In conducting the study, the amended, including sections 111(c)(3), (c)(5), Secretary shall use the criteria for the study of and the U.S. Department of Agriculture for all (c)(6), and (e)(4) (42 U.S.C. 9611) $1,308,541,000, water, sewer, waste disposal, and similar areas for potential inclusion in the National to remain available until expended, consisting of Park System described in section 8 of Public projects carried out by the State of Alaska that such sums as are available in the Trust Fund on are funded under section 221 of the Federal Law 91–383 (16 U.S.C. 1a–5). September 30, 2009, as authorized by section (c) CONSULTATION.—In conducting the study, Water Pollution Control Act (33 U.S.C. 1301) or 517(a) of the Superfund Amendments and Reau- the Secretary shall consult with— the Consolidated Farm and Rural Development thorization Act of 1986 (SARA) and up to (1) the State of Hawaii; Act (7 U.S.C. 1921 et seq.) which shall allocate $1,308,541,000 as a payment from general reve- (2) appropriate Federal agencies; not less than 25 percent of the funds provided nues to the Hazardous Substance Superfund for (3) Native Hawaiian and local government en- for projects in regional hub communities; purposes as authorized by section 517(b) of tities; $150,000,000 shall be for making special project SARA, as amended: Provided, That funds ap- (4) private and nonprofit organizations; grants for the construction of drinking water, propriated under this heading may be allocated (5) private land owners; and wastewater and storm water infrastructure and to other Federal agencies in accordance with (6) other interested parties. for water quality protection in accordance with section 111(a) of CERCLA: Provided further, (d) THEMES.—The study shall evaluate the the terms and conditions specified for such That of the funds appropriated under this head- Honouliuli Gulch, associated sites located on grants in the committee report accompanying ing, $9,975,000 shall be paid to the ‘‘Office of In- Oahu, and other islands located in the State of this Act, and, for purposes of these grants, each spector General’’ appropriation to remain avail- Hawaii with respect to— grantee shall contribute not less than 45 percent able until September 30, 2011, and $26,834,000 (1) the significance of the site as a component of the cost of the project unless the grantee is shall be paid to the ‘‘Science and Technology’’ of World War II; approved for a waiver by the Agency; appropriation to remain available until Sep- (2) the significance of the site as the site re- $101,000,000 shall be to carry out section 104(k) tember 30, 2011. lated to the forcible internment of Japanese of the Comprehensive Environmental Response, Americans, European Americans, and other in- LEAKING UNDERGROUND STORAGE TANK TRUST Compensation, and Liability Act of 1980 dividuals; and FUND PROGRAM (CERCLA), as amended, including grants, inter- (3) historic resources at the site. For necessary expenses to carry out leaking agency agreements, and associated program (e) REPORT.—Not later than 2 years after the underground storage tank cleanup activities au- support costs; $60,000,000 shall be for grants date of enactment of this Act, the Secretary thorized by subtitle I of the Solid Waste Dis- under title VII, subtitle G of the Energy Policy shall submit to the Committee on Natural Re- posal Act, as amended, $114,171,000, to remain Act of 2005, as amended; $20,000,000 shall be for sources of the House of Representatives and the available until expended, of which $78,671,000 targeted airshed grants in accordance with the Committee on Energy and Natural Resources of shall be for carrying out leaking underground terms and conditions of the committee report ac- the Senate a report describing the findings, con- storage tank cleanup activities authorized by companying this Act; and $1,111,274,000 shall be clusions, and recommendations of the study re- section 9003(h) of the Solid Waste Disposal Act, for grants, including associated program sup- quired under this section. as amended; $35,500,000 shall be for carrying out port costs, to States, federally recognized tribes, TITLE II the other provisions of the Solid Waste Disposal interstate agencies, tribal consortia, and air pol- lution control agencies for multi-media or single ENVIRONMENTAL PROTECTION AGENCY Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the media pollution prevention, control and abate- SCIENCE AND TECHNOLOGY Administrator is authorized to use appropria- ment and related activities, including activities For science and technology, including re- tions made available under this heading to im- pursuant to the provisions set forth under this search and development activities, which shall plement section 9013 of the Solid Waste Disposal heading in Public Law 104–134, and for making include research and development activities Act to provide financial assistance to federally grants under section 103 of the Clean Air Act for under the Comprehensive Environmental Re- recognized Indian tribes for the development particulate matter monitoring and data collec- sponse, Compensation, and Liability Act of 1980, and implementation of programs to manage un- tion activities subject to terms and conditions as amended; necessary expenses for personnel derground storage tanks. specified by the Administrator, of which and related costs and travel expenses; procure- OIL SPILL RESPONSE $49,495,000 shall be for carrying out section 128 ment of laboratory equipment and supplies; and of CERCLA, as amended, $10,000,000 shall be for For expenses necessary to carry out the Envi- other operating expenses in support of research Environmental Information Exchange Network ronmental Protection Agency’s responsibilities and development, $842,799,000, to remain avail- grants, including associated program support under the Oil Pollution Act of 1990, $18,379,000, able until September 30, 2011. costs, $18,500,000 of the funds available for to be derived from the Oil Spill Liability trust grants under section 106 of the Act shall be for ENVIRONMENTAL PROGRAMS AND MANAGEMENT fund, to remain available until expended. water quality monitoring activities, and, in ad- For environmental programs and manage- STATE AND TRIBAL ASSISTANCE GRANTS dition to funds appropriated under the heading ment, including necessary expenses, not other- For environmental programs and infrastruc- ‘‘Leaking Underground Storage Tank Trust wise provided for, for personnel and related ture assistance, including capitalization grants Fund Program’’ to carry out the provisions of costs and travel expenses; hire of passenger for State revolving funds and performance part- the Solid Waste Disposal Act specified in section motor vehicles; hire, maintenance, and oper- nership grants, $4,954,274,000, to remain avail- 9508(c) of the Internal Revenue Code other than ation of aircraft; purchase of reprints; library able until expended, of which $2,100,000,000 section 9003(h) of the Solid Waste Disposal Act, memberships in societies or associations which shall be for making capitalization grants for the as amended, $2,500,000 shall be for grants to issue publications to members only or at a price Clean Water State Revolving Funds under title States under section 2007(f)(2) of the Solid Waste to members lower than to subscribers who are VI of the Federal Water Pollution Control Act, Disposal Act, as amended: Provided further, not members; administrative costs of the as amended (the ‘‘Act’’); of which $1,387,000,000 That notwithstanding section 603(d)(7) of the brownfields program under the Small Business shall be for capitalization grants for the Drink- Federal Water Pollution Control Act, the limita- Liability Relief and Brownfields Revitalization ing Water State Revolving Funds under section tion on the amounts in a State water pollution Act of 2002; and not to exceed $9,000 for official 1452 of the Safe Drinking Water Act, as amend- control revolving fund that may be used by a reception and representation expenses, ed: Provided, That, for fiscal year 2010, to the State to administer the fund shall not apply to $2,878,780,000, to remain available until Sep- extent that there are sufficient applications, not amounts included as principal in loans made by tember 30, 2011: Provided, That of the funds in- less than 20 percent of the funds made available such fund in fiscal year 2010 and prior years cluded under this heading, not less than for the Clean Water State Revolving Fund or where such amounts represent costs of admin- $478,696,000 shall be for the Geographic Pro- Drinking Water State Revolving Fund capital- istering the fund to the extent that such grams specified in the committee report accom- ization grants shall be for projects to address amounts are or were deemed reasonable by the panying this Act. green infrastructure, water or energy efficiency Administrator, accounted for separately from OFFICE OF INSPECTOR GENERAL improvements, or other environmentally innova- other assets in the fund, and used for eligible For necessary expenses of the Office of In- tive activities; $10,000,000 shall be for architec- purposes of the fund, including administration: spector General in carrying out the provisions of tural, engineering, planning, design, construc- Provided further, That for fiscal year 2010, and the Inspector General Act of 1978, as amended, tion and related activities in connection with notwithstanding section 518(f) of the Act, the $44,791,000, to remain available until September the construction of high priority water and Administrator is authorized to use the amounts 30, 2011. wastewater facilities in the area of the United appropriated for any fiscal year under section

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9508 CONGRESSIONAL RECORD — SENATE September 17, 2009 319 of that Act to make grants to federally rec- and Tribal Assistance Grants Account, the official transportation system shall be expe- ognized Indian tribes pursuant to sections $40,000,000 are permanently rescinded: Provided, dited in response to threats to public safety, 319(h) and 518(e) of that Act: Provided further, That no amounts may be rescinded from water quality, or natural resources: Provided That, for fiscal year 2010, notwithstanding the amounts that were designated by Congress as an further, That funds becoming available in fiscal limitation on amounts in section 518(c) of the emergency requirement pursuant to the Concur- year 2010 under the Act of March 4, 1913 (16 Federal Water Pollution Control Act and section rent Resolution on the Budget or the Balanced U.S.C. 501) shall be transferred to the General 1452(i) of the Safe Drinking Water Act, up to a Budget and Emergency Deficit Control Act of Fund of the Treasury and shall not be available total of 2 percent of the funds appropriated for 1985, as amended. for transfer or obligation for any other purpose the Clean Water State Revolving Funds and TITLE III unless the funds are appropriated. Drinking Water State Revolving Funds may be LAND ACQUISITION reserved by the Administrator for grants to RELATED AGENCIES For expenses necessary to carry out the provi- Tribes: Provided further, That, for fiscal year DEPARTMENT OF AGRICULTURE sions of the Land and Water Conservation Fund 2010, notwithstanding any other provision of FOREST SERVICE Act of 1965, as amended (16 U.S.C. 460l–4 law, up to a total of 1.5 percent of the funds FOREST AND RANGELAND RESEARCH provided for the Clean Water State Revolving through 11), including administrative expenses, For necessary expenses of forest and range- Funds and Drinking Water State Revolving and for acquisition of land or waters, or interest land research as authorized by law, $307,012,000, Funds may be reserved by the Administrator for therein, in accordance with statutory authority to remain available until expended: Provided, grants to territories of the United States: Pro- applicable to the Forest Service, $67,784,000, to vided further, That no funds provided by this That of the funds provided, $66,939,000 is for the be derived from the Land and Water Conserva- appropriations Act to address the water, waste- forest inventory and analysis program. tion Fund and to remain available until ex- water and other critical infrastructure needs of STATE AND PRIVATE FORESTRY pended. the colonias in the United States along the For necessary expenses of cooperating with ACQUISITION OF LANDS FOR NATIONAL FORESTS United States-Mexico border shall be made and providing technical and financial assist- SPECIAL ACTS available to a county or municipal government ance to States, territories, possessions, and oth- For acquisition of lands within the exterior unless that government has established an en- ers, and for forest health management, includ- boundaries of the Cache, Uinta, and Wasatch forceable local ordinance, or other zoning rule, ing treatments of pests, pathogens, and invasive National Forests, Utah; the Toiyabe National which prevents in that jurisdiction the develop- or noxious plants and for restoring and rehabili- Forest, Nevada; and the Angeles, San ment or construction of any additional colonia tating forests damaged by pests or invasive Bernardino, Sequoia, and Cleveland National areas, or the development within an existing plants, cooperative forestry, and education and Forests, California, as authorized by law, colonia the construction of any new home, busi- land conservation activities and conducting an $1,050,000, to be derived from forest receipts. ness, or other structure which lacks water, international program as authorized, ACQUISITION OF LANDS TO COMPLETE LAND wastewater, or other necessary infrastructure: $276,946,000, to remain available until expended, EXCHANGES Provided further, That notwithstanding the as authorized by law; and of which $55,145,000 For acquisition of lands, such sums, to be de- joint explanatory statement of the Committee on is to be derived from the Land and Water Con- rived from funds deposited by State, county, or Appropriations of the House of Representatives servation Fund. accompanying Public Law 111–8, the $300,000 municipal governments, public school districts, NATIONAL FOREST SYSTEM made available to the Village of Crestwood for or other public school authorities, and for au- water storage improvements (as described in the (INCLUDING TRANSFERS OF FUNDS) thorized expenditures from funds deposited by table entitled ‘‘Congressionally Designated For necessary expenses of the Forest Service, non-Federal parties pursuant to Land Sale and Spending’’ in section 430 of that joint explana- not otherwise provided for, for management, Exchange Acts, pursuant to the Act of December tory statement) shall be made available to the protection, improvement, and utilization of the 4, 1967, as amended (16 U.S.C. 484a), to remain City of Quincy, Illinois, for drinking water sys- National Forest System, $1,556,329,000, to remain available until expended. (16 U.S.C. 4601–516– tem improvements. available until expended, which shall include 50 617a, 555a; Public Law 96–586; Public Law 76– ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL percent of all moneys received during prior fis- 589, 76–591; and 78–310). PROTECTION AGENCY cal years as fees collected under the Land and RANGE BETTERMENT FUND (INCLUDING RESCISSION OF FUNDS) Water Conservation Fund Act of 1965, as For necessary expenses of range rehabilita- For fiscal year 2010, notwithstanding 31 amended, in accordance with section 4 of the tion, protection, and improvement, 50 percent of U.S.C. 6303(1) and 6305(1), the Administrator of Act (16 U.S.C. 460l–6a(i)): Provided, That, all moneys received during the prior fiscal year, the Environmental Protection Agency, in car- through fiscal year 2014, the Secretary of Agri- as fees for grazing domestic livestock on lands in rying out the Agency’s function to implement culture may authorize the expenditure or trans- National Forests in the 16 Western States, pur- directly Federal environmental programs re- fer of such sums as are necessary to the Sec- suant to section 401(b)(1) of Public Law 94–579, quired or authorized by law in the absence of an retary of the Interior for removal, preparation as amended, to remain available until expended, acceptable tribal program, may award coopera- and adoption of excess wild horses and burros of which not to exceed 6 percent shall be avail- tive agreements to federally recognized Indian from National Forest System lands and for the able for administrative expenses associated with Tribes or Intertribal consortia, if authorized by performance of cadastral surveys to designate on-the-ground range rehabilitation, protection, their member Tribes, to assist the Administrator the boundaries of such lands. and improvements. in implementing Federal environmental pro- CAPITAL IMPROVEMENT AND MAINTENANCE GIFTS, DONATIONS AND BEQUESTS FOR FOREST grams for Indian Tribes required or authorized (INCLUDING TRANSFER OF FUNDS) AND RANGELAND RESEARCH by law, except that no such cooperative agree- For necessary expenses of the Forest Service, For expenses authorized by 16 U.S.C. 1643(b), ments may be awarded from funds designated not otherwise provided for, $513,418,000, to re- $50,000, to remain available until expended, to for State financial assistance agreements. be derived from the fund established pursuant to The Administrator of the Environmental Pro- main available until expended, for construction, the above Act. tection Agency is authorized to collect and obli- capital improvement, maintenance and acquisi- gate pesticide registration service fees in accord- tion of buildings and other facilities and infra- MANAGEMENT OF NATIONAL FOREST LANDS FOR ance with section 33 of the Federal Insecticide, structure; and for construction, capital improve- SUBSISTENCE USES Fungicide, and Rodenticide Act, as amended by ment, decommissioning, and maintenance of for- For necessary expenses of the Forest Service Public Law 110–94, the Pesticide Registration est roads and trails by the Forest Service as au- to manage Federal lands in Alaska for subsist- Improvement Renewal Act. thorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 ence uses under title VIII of the Alaska Na- The Administrator is authorized to transfer up and 205: Provided, That $50,000,000 shall be des- tional Interest Lands Conservation Act (Public to 50 percent of the funds appropriated for the ignated for urgently needed road decommis- Law 96–487), $2,582,000, to remain available Great Lakes Initiative under the heading ‘‘Envi- sioning, road and trail repair and maintenance until expended. and associated activities, and removal of fish ronmental Programs and Management’’ to the WILDLAND FIRE MANAGEMENT head of any Federal department or agency, with passage barriers, especially in areas where For- the concurrence of such head, to carry out ac- est Service roads may be contributing to water (INCLUDING TRANSFERS OF FUNDS) tivities that would support the Great Lakes Res- quality problems in streams and water bodies For necessary expenses for forest fire toration Initiative and Great Lakes Water Qual- which support threatened, endangered or sen- presuppression activities on National Forest ity Agreement programs, projects, or activities; sitive species or community water sources: Pro- System lands, for emergency fire suppression on to enter into an interagency agreement with the vided further, That up to $40,000,000 of the or adjacent to such lands or other lands under head of such Federal department or agency to funds provided herein for road maintenance fire protection agreement, hazardous fuels re- carry out these activities; and to make grants to shall be available for the decommissioning of duction on or adjacent to such lands, and for governmental entities, nonprofit organizations, roads, including unauthorized roads not part of emergency rehabilitation of burned-over Na- institutions, and individuals for planning, re- the transportation system, which are no longer tional Forest System lands and water, search, monitoring, outreach, and implementa- needed: Provided further, That no funds shall $2,586,637,000, to remain available until ex- tion in furtherance of the Great Lakes Restora- be expended to decommission any system road pended: Provided, That such funds including tion Initiative and the Great Lakes Water Qual- until notice and an opportunity for public com- unobligated balances under this heading, are ity Agreement. ment has been provided on each decommis- available for repayment of advances from other From unobligated balances to carry out sioning project: Provided further, That the de- appropriations accounts previously transferred projects and activities funded through the State commissioning of unauthorized roads not part of for such purposes: Provided further, That such

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9509 funds shall be available to reimburse State and on the same basis as such assessments are cal- Healthy Forests Restoration Act of 2005, Public other cooperating entities for services provided culated against other agency programs. Law 109–154. in response to wildfire and other emergencies or ADMINISTRATIVE PROVISIONS, FOREST SERVICE Of the funds available to the Forest Service, disasters to the extent such reimbursements by $4,000 is available to the Chief of the Forest (INCLUDING TRANSFERS OF FUNDS) the Forest Service for non-fire emergencies are Service for official reception and representation fully repaid by the responsible emergency man- Appropriations to the Forest Service for the expenses. agement agency: Provided further, That, not- current fiscal year shall be available for: (1) Pursuant to sections 405(b) and 410(b) of Pub- withstanding any other provision of law, purchase of passenger motor vehicles; acquisi- lic Law 101–593, of the funds available to the $8,000,000 of funds appropriated under this ap- tion of passenger motor vehicles from excess Forest Service, up to $2,000,000 may be advanced propriation shall be used for Fire Science Re- sources, and hire of such vehicles; purchase, in a lump sum to the National Forest Founda- search in support of the Joint Fire Science Pro- lease, operation, maintenance, and acquisition tion to aid conservation partnership projects in gram: Provided further, That all authorities for of aircraft from excess sources to maintain the support of the Forest Service mission, without the use of funds, including the use of contracts, operable fleet for use in Forest Service wildland regard to when the Foundation incurs expenses, grants, and cooperative agreements, available to fire programs and other Forest Service pro- for administrative expenses or projects on or execute the Forest and Rangeland Research ap- grams; notwithstanding other provisions of law, benefitting National Forest System lands or re- propriation, are also available in the utilization existing aircraft being replaced may be sold, lated to Forest Service programs: Provided, of these funds for Fire Science Research: Pro- with proceeds derived or trade-in value used to That, of the Federal funds made available to the vided further, That funds provided shall be offset the purchase price for the replacement Foundation, no more than $200,000 shall be available for emergency rehabilitation and res- aircraft; (2) services pursuant to 7 U.S.C. 2225, available for administrative expenses: Provided toration, hazardous fuels reduction activities in and not to exceed $100,000 for employment under further, That the Foundation shall obtain, by the urban-wildland interface, support to Fed- 5 U.S.C. 3109; (3) purchase, erection, and alter- the end of the period of Federal financial assist- eral emergency response, and wildfire suppres- ation of buildings and other public improve- ance, private contributions to match on at least sion activities of the Forest Service: Provided ments (7 U.S.C. 2250); (4) acquisition of land, one-for-one basis funds made available by the further, That of the funds provided, $350,285,000 waters, and interests therein pursuant to 7 Forest Service: Provided further, That the is for hazardous fuels reduction activities, U.S.C. 428a; (5) for expenses pursuant to the Foundation may transfer Federal funds to Fed- $11,500,000 is for rehabilitation and restoration, Volunteers in the National Forest Act of 1972 (16 eral or a non-Federal recipient for a project at $23,917,000 is for research activities and to make U.S.C. 558a, 558d, and 558a note); (6) the cost of the same rate that the recipient has obtained competitive research grants pursuant to the For- uniforms as authorized by 5 U.S.C. 5901–5902; the non-Federal matching funds: Provided fur- est and Rangeland Renewable Resources Re- and (7) for debt collection contracts in accord- ther, That authorized investments of Federal search Act, as amended (16 U.S.C. 1641 et seq.), ance with 31 U.S.C. 3718(c). funds held by the Foundation may be made only $56,250,000 is for State fire assistance, $9,000,000 Any appropriations or funds available to the in interest-bearing obligations of the United is for volunteer fire assistance, $17,252,000 is for Forest Service may be transferred to the States or in obligations guaranteed as to both forest health activities on Federal lands and Wildland Fire Management appropriation for principal and interest by the United States. $9,928,000 is for forest health activities on State wildland firefighting, emergency rehabilitation Pursuant to section 2(b)(2) of Public Law 98– and private lands: Provided further, That of burned-over or damaged lands or waters 244, $2,650,000 of the funds available to the For- amounts in this paragraph may be transferred under its jurisdiction, and fire preparedness due est Service shall be advanced to the National to the ‘‘State and Private Forestry’’, ‘‘National to severe burning conditions upon notification Fish and Wildlife Foundation in a lump sum to Forest System’’, and ‘‘Forest and Rangeland of the Committees on Appropriations for the aid cost-share conservation projects, without re- Research’’ accounts to fund State fire assist- House of Representatives and Senate if the Sec- gard to when expenses are incurred, on or bene- ance, volunteer fire assistance, forest health retary of Agriculture determines that all emer- fitting National Forest System lands or related management, forest and rangeland research, the gency fire suppression funds appropriated under to Forest Service programs: Provided, That such Joint Fire Science Program, vegetation and wa- the heading ‘‘Wildland Fire Management’’ will funds shall be matched on at least a one-for-one tershed management, heritage site rehabilita- be fully obligated within 30 days. basis by the Foundation or its sub-recipients: tion, and wildlife and fish habitat management Funds appropriated to the Forest Service shall Provided further, That the Foundation may and restoration: Provided further, That up to be available for assistance to or through the transfer Federal funds to a Federal or non-Fed- $15,000,000 of the funds provided under this Agency for International Development in con- eral recipient for a project at the same rate that heading for hazardous fuels treatments may be nection with forest and rangeland research, the recipient has obtained the non-Federal transferred to and made a part of the ‘‘National technical information, and assistance in foreign matching funds. Forest System’’ account at the sole discretion of countries, and shall be available to support for- Funds appropriated to the Forest Service shall the Chief of the Forest Service 30 days after no- estry and related natural resource activities out- be available for interactions with and providing tifying the House and the Senate Committees on side the United States and its territories and technical assistance to rural communities and Appropriations: Provided further, That the costs possessions, including technical assistance, edu- natural resource-based businesses for sustain- of implementing any cooperative agreement be- cation and training, and cooperation with able rural development purposes. tween the Federal Government and any non- United States and international organizations. Funds appropriated to the Forest Service shall Federal entity may be shared, as mutually None of the funds made available to the For- be available for payments to counties within the agreed on by the affected parties: Provided fur- est Service in this Act or any other Act with re- Columbia River Gorge National Scenic Area, ther, That in addition to funds provided for spect to any fiscal year shall be subject to trans- pursuant to section 14(c)(1) and (2), and section State Fire Assistance programs, and subject to fer under the provisions of section 702(b) of the 16(a)(2) of Public Law 99–663. all authorities available to the Forest Service Department of Agriculture Organic Act of 1944 An eligible individual who is employed in any under the State and Private Forestry Appropria- (7 U.S.C. 2257), section 442 of Public Law 106– project funded under title V of the Older Amer- tion, up to $15,000,000 may be used on adjacent 224 (7 U.S.C. 7772), or section 10417(b) of Public ican Act of 1965 (42 U.S.C. 3056 et seq.) and ad- non-Federal lands for the purpose of protecting Law 107–107 (7 U.S.C. 8316(b)). ministered by the Forest Service shall be consid- communities when hazard reduction activities None of the funds available to the Forest ered to be a Federal employee for purposes of are planned on national forest lands that have Service may be reprogrammed without the ad- chapter 171 of title 28, United States Code. the potential to place such communities at risk: vance approval of the House and Senate Com- Any funds appropriated to the Forest Service Provided further, That funds made available to mittees on Appropriations in accordance with may be used to meet the non-Federal share re- implement the Community Forest Restoration the reprogramming procedures contained in title quirement in section 502(c) of the Older Amer- Act, Public Law 106–393, title VI, shall be avail- IV of this Act. ican Act of 1965 (42 U.S.C. 3056(c)(2)). able for use on non-Federal lands in accordance Not more than $88,785,000 of funds available Funds available to the Forest Service, not to with authorities available to the Forest Service to the Forest Service shall be transferred to the exceed $55,000,000, shall be assessed for the pur- under the State and Private Forestry Appropria- Working Capital Fund of the Department of Ag- pose of performing fire, administrative and other tion: Provided further, That the Secretary of the riculture and not more than $19,400,000 of funds facilities maintenance. Such assessments shall Interior and the Secretary of Agriculture may available to the Forest Service shall be trans- occur using a square foot rate charged on the authorize the transfer of funds appropriated for ferred to the Department of Agriculture for De- same basis the agency uses to assess programs wildland fire management, in an aggregate partment Reimbursable Programs, commonly re- for payment of rent, utilities, and other support amount not to exceed $10,000,000, between the ferred to as Greenbook charges. Nothing in this services. Departments when such transfers would facili- paragraph shall prohibit or limit the use of re- Notwithstanding any other provision of law, tate and expedite jointly funded wildland fire imbursable agreements requested by the Forest any appropriations or funds available to the management programs and projects: Provided Service in order to obtain services from the De- Forest Service not to exceed $500,000 may be further, That of the funds provided for haz- partment of Agriculture’s National Information used to reimburse the Office of the General ardous fuels reduction, not to exceed $10,000,000, Technology Center. Counsel (OGC), Department of Agriculture, for may be used to make grants, using any authori- Funds available to the Forest Service shall be travel and related expenses incurred as a result ties available to the Forest Service under the available to conduct a program of up to of OGC assistance or participation requested by State and Private Forestry appropriation, for $5,000,000 for priority projects within the scope the Forest Service at meetings, training sessions, the purpose of creating incentives for increased of the approved budget, of which $2,500,000 management reviews, land purchase negotia- use of biomass from national forest lands: Pro- shall be carried out by the Youth Conservation tions and similar non-litigation related matters. vided further, That funds designated for wild- Corps and $2,500,000 shall be carried out under Future budget justifications for both the Forest fire suppression shall be assessed for cost pools the authority of the Public Lands Corps Service and the Department of Agriculture

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9510 CONGRESSIONAL RECORD — SENATE September 17, 2009 should clearly display the sums previously self-governance compacts, or annual funding In accordance with the provisions of the In- transferred and the requested funding transfers. agreements between the Indian Health Service dian Health Care Improvement Act, non-Indian Funds provided to the Forest Service in this and a tribe or tribal organization pursuant to patients may be extended health care at all trib- Act may be used for the purpose of expenses as- the Indian Self-Determination Act of 1975, as ally administered or Indian Health Service fa- sociated with primary and secondary schooling amended, prior to or during fiscal year 2010, of cilities, subject to charges, and the proceeds for the 2009–2010 school year of dependents of which not to exceed $5,000,000 may be used for along with funds recovered under the Federal agency personnel stationed in Puerto Rico, at a contract support costs associated with new or Medical Care Recovery Act (42 U.S.C. 2651–2653) cost not in excess of those authorized by the De- expanded self-determination contracts, grants, shall be credited to the account of the facility partment of Defense for that same area, when it self-governance compacts, or annual funding providing the service and shall be available is determined by the Chief of the Forest Service agreements: Provided further, That the Bureau without fiscal year limitation. Notwithstanding that public schools available in the locality are of Indian Affairs may collect from the Indian any other law or regulation, funds transferred unable to provide adequately for the education Health Service, tribes and tribal organizations from the Department of Housing and Urban De- of such dependents. operating health facilities pursuant to Public velopment to the Indian Health Service shall be DEPARTMENT OF HEALTH AND HUMAN Law 93–638, such individually identifiable administered under Public Law 86–121, the In- SERVICES health information relating to disabled children dian Sanitation Facilities Act and Public Law INDIAN HEALTH SERVICE as may be necessary for the purpose of carrying 93–638, as amended. out its functions under the Individuals with INDIAN HEALTH SERVICES Funds appropriated to the Indian Health Disabilities Education Act (20 U.S.C. 1400, et For expenses necessary to carry out the Act of Service in this Act, except those used for admin- seq.): Provided further, That the Indian Health istrative and program direction purposes, shall August 5, 1954 (68 Stat. 674), the Indian Self-De- Care Improvement Fund may be used, as need- termination Act, the Indian Health Care Im- not be subject to limitations directed at cur- ed, to carry out activities typically funded tailing Federal travel and transportation. provement Act, and titles II and III of the Pub- under the Indian Health Facilities account. lic Health Service Act with respect to the Indian None of the funds made available to the In- Health Service, $3,639,868,000, together with INDIAN HEALTH FACILITIES dian Health Service in this Act shall be used for payments received during the fiscal year pursu- For construction, repair, maintenance, im- any assessments or charges by the Department ant to 42 U.S.C. 238(b) and 238b for services fur- provement, and equipment of health and related of Health and Human Services unless identified nished by the Indian Health Service: Provided, auxiliary facilities, including quarters for per- in the budget justification and provided in this That funds made available to tribes and tribal sonnel; preparation of plans, specifications, and Act, or approved by the House and Senate Com- organizations through contracts, grant agree- drawings; acquisition of sites, purchase and mittees on Appropriations through the re- ments, or any other agreements or compacts au- erection of modular buildings, and purchases of programming process. thorized by the Indian Self-Determination and trailers; and for provision of domestic and com- Notwithstanding any other provision of law, Education Assistance Act of 1975 (25 U.S.C. 450), munity sanitation facilities for Indians, as au- funds previously or herein made available to a shall be deemed to be obligated at the time of the thorized by section 7 of the Act of August 5, 1954 tribe or tribal organization through a contract, grant or contract award and thereafter shall re- (42 U.S.C. 2004a), the Indian Self-Determination grant, or agreement authorized by title I or title main available to the tribe or tribal organization Act, and the Indian Health Care Improvement V of the Indian Self-Determination and Edu- without fiscal year limitation: Provided further, Act, and for expenses necessary to carry out cation Assistance Act of 1975 (25 U.S.C. 450), That $779,347,000 for contract medical care, in- such Acts and titles II and III of the Public may be deobligated and reobligated to a self-de- cluding $48,000,000 for the Indian Catastrophic Health Service Act with respect to environ- termination contract under title I, or a self-gov- Health Emergency Fund, shall remain available mental health and facilities support activities of ernance agreement under title V of such Act and until expended: Provided further, That the Indian Health Service, $394,757,000, to re- thereafter shall remain available to the tribe or $18,251,000 is provided for Headquarters oper- main available until expended: Provided, That tribal organization without fiscal year limita- ations and information technology activities notwithstanding any other provision of law, tion. None of the funds made available to the In- and, notwithstanding any other provision of funds appropriated for the planning, design, dian Health Service in this Act shall be used to law, the amount available under this proviso construction, renovation or expansion of health implement the final rule published in the Fed- shall be allocated at the discretion of the Direc- facilities for the benefit of an Indian tribe or eral Register on September 16, 1987, by the De- tor of the Indian Health Service: Provided fur- tribes may be used to purchase land on which partment of Health and Human Services, relat- ther, That of the funds provided, up to such facilities will be located: Provided further, ing to the eligibility for the health care services $32,000,000 shall remain available until ex- That not to exceed $500,000 shall be used by the of the Indian Health Service until the Indian pended for implementation of the loan repay- Indian Health Service to purchase TRANSAM Health Service has submitted a budget request ment program under section 108 of the Indian equipment from the Department of Defense for reflecting the increased costs associated with the Health Care Improvement Act: Provided further, distribution to the Indian Health Service and proposed final rule, and such request has been That $16,391,000 is provided for the methamphet- tribal facilities: Provided further, That none of included in an appropriations Act and enacted amine and suicide prevention and treatment ini- the funds appropriated to the Indian Health into law. tiative and $7,500,000 is provided for the domes- Service may be used for sanitation facilities con- With respect to functions transferred by the tic violence prevention initiative and, notwith- struction for new homes funded with grants by Indian Health Service to tribes or tribal organi- standing any other provision of law, the the housing programs of the United States De- zations, the Indian Health Service is authorized amounts available under this proviso shall be partment of Housing and Urban Development: to provide goods and services to those entities on allocated at the discretion of the Director of the Provided further, That not to exceed $2,700,000 a reimbursable basis, including payments in ad- Indian Health Service and shall remain avail- from this account and the ‘‘Indian Health Serv- vance with subsequent adjustment. The reim- able until expended: Provided further, That ices’’ account shall be used by the Indian bursements received therefrom, along with the funds provided in this Act may be used for an- Health Service to obtain ambulances for the In- funds received from those entities pursuant to nual contracts and grants that fall within two dian Health Service and tribal facilities in con- the Indian Self-Determination Act, may be cred- fiscal years, provided the total obligation is re- junction with an existing interagency agreement ited to the same or subsequent appropriation ac- corded in the year the funds are appropriated: between the Indian Health Service and the Gen- count from which the funds were originally de- Provided further, That the amounts collected by eral Services Administration: Provided further, rived, with such amounts to remain available the Secretary of Health and Human Services That not to exceed $500,000 shall be placed in a until expended. under the authority of title IV of the Indian Demolition Fund, to remain available until ex- Reimbursements for training, technical assist- Health Care Improvement Act shall remain pended, and be used by the Indian Health Serv- ance, or services provided by the Indian Health available until expended for the purpose of ice for the demolition of Federal buildings. Service will contain total costs, including direct, achieving compliance with the applicable condi- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH administrative, and overhead associated with tions and requirements of titles XVIII and XIX SERVICE the provision of goods, services, or technical as- of the Social Security Act, except for those re- Appropriations provided in this Act to the In- sistance. lated to the planning, design, or construction of dian Health Service shall be available for serv- The appropriation structure for the Indian new facilities: Provided further, That funding ices as authorized by 5 U.S.C. 3109 at rates not Health Service may not be altered without ad- contained herein for scholarship programs to exceed the per diem rate equivalent to the vance notification to the House and Senate under the Indian Health Care Improvement Act maximum rate payable for senior-level positions Committees on Appropriations. (25 U.S.C. 1613) shall remain available until ex- under 5 U.S.C. 5376; hire of passenger motor ve- pended: Provided further, That amounts re- hicles and aircraft; purchase of medical equip- NATIONAL INSTITUTES OF HEALTH ceived by tribes and tribal organizations under ment; purchase of reprints; purchase, renova- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH title IV of the Indian Health Care Improvement tion and erection of modular buildings and ren- SCIENCES Act shall be reported and accounted for and ovation of existing facilities; payments for tele- For necessary expenses for the National Insti- available to the receiving tribes and tribal orga- phone service in private residences in the field, tute of Environmental Health Sciences in car- nizations until expended: Provided further, when authorized under regulations approved by rying out activities set forth in section 311(a) of That, notwithstanding any other provision of the Secretary; uniforms or allowances therefor the Comprehensive Environmental Response, law, of the amounts provided herein, not to ex- as authorized by 5 U.S.C. 5901–5902; and for ex- Compensation, and Liability Act of 1980, as ceed $389,490,000 shall be for payments to tribes penses of attendance at meetings that relate to amended, and section 126(g) of the Superfund and tribal organizations for contract or grant the functions or activities of the Indian Health Amendments and Reauthorization Act of 1986, support costs associated with contracts, grants, Service. $79,212,000.

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AGENCY FOR TOXIC SUBSTANCES AND DISEASE Indian Relocation to evict any single Navajo or all amount of the Federal appropriation for this REGISTRY Navajo family who, as of November 30, 1985, was account shall also apply to the privately con- TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC physically domiciled on the lands partitioned to tributed requirement: Provided further, That the HEALTH the Hopi Tribe unless a new or replacement unobligated balances provided under this head- home is provided for such household: Provided ing in Public Law 110–161 and Public Law 111– For necessary expenses for the Agency for further, That no relocatee will be provided with 8 are hereby rescinded. Toxic Substances and Disease Registry (ATSDR) more than one new or replacement home: Pro- in carrying out activities set forth in sections NATIONAL GALLERY OF ART vided further, That the Office shall relocate any 104(i) and 111(c)(4) of the Comprehensive Envi- certified eligible relocatees who have selected SALARIES AND EXPENSES ronmental Response, Compensation, and Liabil- and received an approved homesite on the Nav- ity Act of 1980 (CERCLA), as amended; section For the upkeep and operations of the National ajo reservation or selected a replacement resi- 118(f) of the Superfund Amendments and Reau- Gallery of Art, the protection and care of the dence off the Navajo reservation or on the land thorization Act of 1986 (SARA), as amended; works of art therein, and administrative ex- acquired pursuant to 25 U.S.C. 640d–10. and section 3019 of the Solid Waste Disposal penses incident thereto, as authorized by the Act, as amended, $76,792,000, of which up to INSTITUTE OF AMERICAN INDIAN AND ALASKA Act of March 24, 1937 (50 Stat. 51), as amended $1,000 to remain available until expended, is for NATIVE CULTURE AND ARTS DEVELOPMENT by the public resolution of April 13, 1939 (Public Individual Learning Accounts for full-time PAYMENT TO THE INSTITUTE Resolution 9, Seventy-sixth Congress), including equivalent employees of the Agency for Toxic For payment to the Institute of American In- services as authorized by 5 U.S.C. 3109; payment Substances and Disease Registry: Provided, dian and Alaska Native Culture and Arts Devel- in advance when authorized by the treasurer of That notwithstanding any other provision of opment, as authorized by title XV of Public Law the Gallery for membership in library, museum, law, in lieu of performing a health assessment 99–498, as amended (20 U.S.C. 56 part A), and art associations or societies whose publica- under section 104(i)(6) of CERCLA, the Adminis- $8,300,000. tions or services are available to members only, trator of ATSDR may conduct other appropriate SMITHSONIAN INSTITUTION or to members at a price lower than to the gen- health studies, evaluations, or activities, includ- eral public; purchase, repair, and cleaning of SALARIES AND EXPENSES ing, without limitation, biomedical testing, clin- uniforms for guards, and uniforms, or allow- ical evaluations, medical monitoring, and refer- For necessary expenses of the Smithsonian In- ances therefor, for other employees as author- ral to accredited health care providers: Provided stitution, as authorized by law, including re- ized by law (5 U.S.C. 5901–5902); purchase or further, That in performing any such health as- search in the fields of art, science, and history; rental of devices and services for protecting sessment or health study, evaluation, or activ- development, preservation, and documentation buildings and contents thereof, and mainte- ity, the Administrator of ATSDR shall not be of the National Collections; presentation of pub- nance, alteration, improvement, and repair of bound by the deadlines in section 104(i)(6)(A) of lic exhibits and performances; collection, prepa- buildings, approaches, and grounds; and pur- CERCLA: Provided further, That none of the ration, dissemination, and exchange of informa- chase of services for restoration and repair of funds appropriated under this heading shall be tion and publications; conduct of education, works of art for the National Gallery of Art by available for ATSDR to issue in excess of 40 tox- training, and museum assistance programs; contracts made, without advertising, with indi- icological profiles pursuant to section 104(i) of maintenance, alteration, operation, lease agree- viduals, firms, or organizations at such rates or CERCLA during fiscal year 2010, and existing ments of no more than 30 years, and protection prices and under such terms and conditions as profiles may be updated as necessary. of buildings, facilities, and approaches; not to the Gallery may deem proper, $110,746,000, of exceed $100,000 for services as authorized by 5 OTHER RELATED AGENCIES which not to exceed $3,386,000 for the special ex- U.S.C. 3109; and purchase, rental, repair, and hibition program shall remain available until EXECUTIVE OFFICE OF THE PRESIDENT cleaning of uniforms for employees, $634,161,000, expended. COUNCIL ON ENVIRONMENTAL QUALITY AND of which not to exceed $19,117,000 for the instru- OFFICE OF ENVIRONMENTAL QUALITY mentation program, collections acquisition, ex- REPAIR, RESTORATION AND RENOVATION OF BUILDINGS For necessary expenses to continue functions hibition reinstallation, the National Museum of assigned to the Council on Environmental Qual- African American History and Culture, and the For necessary expenses of repair, restoration ity and Office of Environmental Quality pursu- repatriation of skeletal remains program shall and renovation of buildings, grounds and facili- ant to the National Environmental Policy Act of remain available until expended; of which ties owned or occupied by the National Gallery 1969, the Environmental Quality Improvement $1,553,000 for fellowships and scholarly awards of Art, by contract or otherwise, as authorized, Act of 1970, and Reorganization Plan No. 1 of shall remain available until September 30, 2011; $54,499,000, to remain available until expended: 1977, and not to exceed $750 for official recep- and including such funds as may be necessary Provided, That of this amount, up to $40,000,000 tion and representation expenses, $3,159,000: to support American overseas research centers: shall be available for repair of the National Gal- Provided, That notwithstanding section 202 of Provided, That funds appropriated herein are lery’s East Building fac¸ade: Provided further, the National Environmental Policy Act of 1970, available for advance payments to independent That notwithstanding any other provision of the Council shall consist of one member, ap- contractors performing research services or par- law, a single procurement for the foregoing pointed by the President, by and with the ad- ticipating in official Smithsonian presentations. Major Critical Project may be issued which in- vice and consent of the Senate, serving as chair- FACILITIES CAPITAL cludes the full scope of the project: Provided man and exercising all powers, functions, and For necessary expenses of repair, revitaliza- further, That the solicitation and contract shall duties of the Council. tion, and alteration of facilities owned or occu- contain the clause ‘‘availability of funds’’ found CHEMICAL SAFETY AND HAZARD INVESTIGATION pied by the Smithsonian Institution, by contract at 48 CFR 52.232.18: Provided further, That con- BOARD or otherwise, as authorized by section 2 of the tracts awarded for environmental systems, pro- Act of August 22, 1949 (63 Stat. 623), and for tection systems, and exterior repair or renova- SALARIES AND EXPENSES construction, including necessary personnel, tion of buildings of the National Gallery of Art (INCLUDING TRANSFER OF FUNDS) $125,000,000, to remain available until expended, may be negotiated with selected contractors and For necessary expenses in carrying out activi- of which not to exceed $10,000 is for services as awarded on the basis of contractor qualifica- ties pursuant to section 112(r)(6) of the Clean authorized by 5 U.S.C. 3109. tions as well as price. Air Act, as amended, including hire of passenger LEGACY FUND JOHN F. KENNEDY CENTER FOR THE PERFORMING vehicles, uniforms or allowances therefor, as au- (INCLUDING RESCISSION OF FUNDS) ARTS thorized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 3109 but at rates for indi- For the purpose of developing a public-private OPERATIONS AND MAINTENANCE viduals not to exceed the per diem equivalent to partnership to facilitate the reopening of the Arts and Industries Building of the Smithsonian For necessary expenses for the operation, the maximum rate payable for senior level posi- maintenance and security of the John F. Ken- tions under 5 U.S.C. 5376, $11,195,000. Institution, $30,000,000, to remain available until expended, for repair, renovation and revitaliza- nedy Center for the Performing Arts, $22,500,000. OFFICE OF NAVAJO AND HOPI INDIAN tion of the building: Provided, That such funds CAPITAL REPAIR AND RESTORATION RELOCATION shall be matched on a 1:1 basis by private dona- SALARIES AND EXPENSES tions: Provided further, That major in-kind do- For necessary expenses for capital repair and For necessary expenses of the Office of Navajo nations that contribute significantly to the rede- restoration of the existing features of the build- and Hopi Indian Relocation as authorized by sign and purpose of the reopened building be ing and site of the John F. Kennedy Center for Public Law 93–531, $8,000,000, to remain avail- considered to qualify toward the total private the Performing Arts, $17,447,000, to remain able until expended: Provided, That funds pro- match: Provided further, That privately contrib- available until expended. vided in this or any other appropriations Act uted endowments, which are designated for the WOODROW WILSON INTERNATIONAL CENTER FOR are to be used to relocate eligible individuals care and renewal of permanent exhibitions in- SCHOLARS and groups including evictees from District 6, stalled in the Arts and Industries Building, be SALARIES AND EXPENSES Hopi-partitioned lands residents, those in sig- considered as qualifying toward the total pri- nificantly substandard housing, and all others vate match: Provided further, That this appro- For expenses necessary in carrying out the certified as eligible and not included in the pre- priation may be made available to the Smithso- provisions of the Woodrow Wilson Memorial Act ceding categories: Provided further, That none nian Institution incrementally as private fund- of 1968 (82 Stat. 1356) including hire of pas- of the funds contained in this or any other Act ing becomes available: Provided further, That senger vehicles and services as authorized by 5 may be used by the Office of Navajo and Hopi any other provision of law that adjusts the over- U.S.C. 3109, $10,225,000.

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NATIONAL FOUNDATION ON THE ARTS AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION projects, activities and subactivities to support HUMANITIES SALARIES AND EXPENSES government-wide, departmental, agency or bu- NATIONAL ENDOWMENT FOR THE ARTS For necessary expenses of the Advisory Coun- reau administrative functions or headquarters, GRANTS AND ADMINISTRATION cil on Historic Preservation (Public Law 89–665, regional or central operations shall be presented in annual budget justifications and subject to For necessary expenses to carry out the Na- as amended), $5,908,000: Provided, That none of approval by the Committees on Appropriations. tional Foundation on the Arts and the Human- these funds shall be available for compensation Changes to such estimates shall be presented to ities Act of 1965, as amended, $161,315,000 shall of level V of the Executive Schedule or higher the Committees on Appropriations for approval. be available to the National Endowment for the positions. Arts for the support of projects and productions NATIONAL CAPITAL PLANNING COMMISSION GIANT SEQUOIA in the arts, including arts education and public SALARIES AND EXPENSES SEC. 405. None of the funds in this Act may be outreach activities, through assistance to orga- For necessary expenses, as authorized by the nizations and individuals pursuant to section 5 used to plan, prepare, or offer for sale timber National Capital Planning Act of 1952 (40 from trees classified as giant sequoia of the Act, for program support, and for admin- U.S.C. 71–71i), including services as authorized istering the functions of the Act, to remain (Sequoiadendron giganteum) which are located by 5 U.S.C. 3109, $8,507,000: Provided, That one- on National Forest System or Bureau of Land available until expended: Provided, That funds quarter of 1 percent of the funds provided under appropriated herein shall be expended in ac- Management lands in a manner different than this heading may be used for official reception such sales were conducted in fiscal year 2009. cordance with sections 309 and 311 of Public and representational expenses associated with Law 108–447. hosting international visitors engaged in the MINING APPLICATIONS NATIONAL ENDOWMENT FOR THE HUMANITIES planning and physical development of world SEC. 406. (a) None of the funds appropriated capitals. GRANTS AND ADMINISTRATION or otherwise made available pursuant to this For necessary expenses to carry out the Na- UNITED STATES HOLOCAUST MEMORIAL MUSEUM Act shall be obligated or expended to accept or tional Foundation on the Arts and the Human- HOLOCAUST MEMORIAL MUSEUM process applications for a patent for any mining ities Act of 1965, as amended, $161,315,000, to re- For expenses of the Holocaust Memorial Mu- or mill site claim located under the general min- main available until expended, of which seum, as authorized by Public Law 106–292 (36 ing laws. $147,015,000 shall be available for support of ac- U.S.C. 2301–2310), $49,122,000, of which $515,000 (b) EXCEPTIONS.—The provisions of subsection tivities in the humanities, pursuant to section for the Museum’s equipment replacement pro- (a) shall not apply if the Secretary of the Inte- 7(c) of the Act and for administering the func- gram, $1,900,000 for the museum’s repair and re- rior determines that, for the claim concerned: (1) tions of the Act; and $14,300,000 shall be avail- habilitation program and $1,264,000 for the mu- a patent application was filed with the Sec- able to carry out the matching grants program seum’s exhibition design and production pro- retary on or before September 30, 1994; and (2) pursuant to section 10(a)(2) of the Act including gram shall remain available until expended. all requirements established under sections 2325 $9,500,000 for the purposes of section 7(h): Pro- PRESIDIO TRUST and 2326 of the Revised Statutes (30 U.S.C. 29 vided, That appropriations for carrying out sec- PRESIDIO TRUST FUND and 30) for vein or lode claims and sections 2329, tion 10(a)(2) shall be available for obligation 2330, 2331, and 2333 of the Revised Statutes (30 only in such amounts as may be equal to the For necessary expenses to carry out title I of U.S.C. 35, 36, and 37) for placer claims, and sec- total amounts of gifts, bequests, and devises of the Omnibus Parks and Public Lands Manage- tion 2337 of the Revised Statutes (30 U.S.C. 42) money, and other property accepted by the ment Act of 1996, $17,230,000 shall be available for mill site claims, as the case may be, were chairman or by grantees of the Endowment to the Presidio Trust, to remain available until fully complied with by the applicant by that under the provisions of subsections 11(a)(2)(B) expended. date. and 11(a)(3)(B) during the current and pre- DWIGHT D. EISENHOWER MEMORIAL COMMISSION ceding fiscal years for which equal amounts SALARIES AND EXPENSES (c) REPORT.—On September 30, 2010, the Sec- have not previously been appropriated. For necessary expenses, including the costs of retary of the Interior shall file with the House and Senate Committees on Appropriations and ADMINISTRATIVE PROVISIONS construction design, of the Dwight D. Eisen- the Committee on Natural Resources of the None of the funds appropriated to the Na- hower Memorial Commission, $3,000,000, to re- main available until expended. House of Representatives and the Committee on tional Foundation on the Arts and the Human- Energy and Natural Resources of the Senate a CAPITAL CONSTRUCTION ities may be used to process any grant or con- report on actions taken by the Department tract documents which do not include the text of For necessary expenses of the Dwight D. Ei- under the plan submitted pursuant to section 18 U.S.C. 1913. senhower Memorial Commission for design and 314(c) of the Department of the Interior and Re- None of the funds appropriated to the Na- construction of a memorial in honor of Dwight lated Agencies Appropriations Act, 1997 (Public tional Foundation on the Arts and the Human- D. Eisenhower, as authorized by Public Law Law 104–208). ities may be used for official reception and rep- 106–79, $16,000,000, to remain available until ex- resentation expenses: Provided, That funds from pended. (d) MINERAL EXAMINATIONS.—In order to process patent applications in a timely and re- nonappropriated sources may be used as nec- TITLE IV sponsible manner, upon the request of a patent essary for official reception and representation GENERAL PROVISIONS expenses. applicant, the Secretary of the Interior shall The Chairperson of the National Endowment LIMITATION ON CONSULTING SERVICES allow the applicant to fund a qualified third- for the Arts may approve grants of up to $10,000, (INCLUDING TRANSFERS OF FUNDS) party contractor to be selected by the Bureau of if in the aggregate this amount does not exceed SEC. 401. The expenditure of any appropria- Land Management to conduct a mineral exam- 5 percent of the sums appropriated for grant- tion under this Act for any consulting service ination of the mining claims or mill sites con- making purposes per year: Provided, That such through procurement contract, pursuant to 5 tained in a patent application as set forth in small grant actions are taken pursuant to the U.S.C. 3109, shall be limited to those contracts subsection (b). The Bureau of Land Manage- terms of an expressed and direct delegation of where such expenditures are a matter of public ment shall have the sole responsibility to choose authority from the National Council on the Arts record and available for public inspection, ex- and pay the third-party contractor in accord- to the Chairperson. cept where otherwise provided under existing ance with the standard procedures employed by COMMISSION OF FINE ARTS law, or under existing Executive Order issued the Bureau of Land Management in the reten- pursuant to existing law. tion of third-party contractors. SALARIES AND EXPENSES For expenses made necessary by the Act estab- RESTRICTION ON USE OF FUNDS CONTRACT SUPPORT COSTS lishing a Commission of Fine Arts (40 U.S.C. SEC. 402. No part of any appropriation con- tained in this Act shall be available for any ac- SEC. 407. Notwithstanding any other provision 104), $2,294,000: Provided, That the Commission of law, amounts appropriated to or otherwise is authorized to charge fees to cover the full tivity or the publication or distribution of lit- erature that in any way tends to promote public designated in committee reports for the Bureau costs of its publications, and such fees shall be of Indian Affairs and the Indian Health Service credited to this account as an offsetting collec- support or opposition to any legislative proposal on which Congressional action is not complete by Public Laws 103–138, 103–332, 104–134, 104– tion, to remain available until expended without 208, 105–83, 105–277, 106–113, 106–291, 107–63, 108– further appropriation: Provided further, That other than to communicate to Members of Con- gress as described in 18 U.S.C. 1913. 7, 108–108, 108–447, 109–54, 109–289, division B the Commission is authorized to accept gifts, in- and Continuing Appropriations Resolution, 2007 PROHIBITION ON USE OF FUNDS FOR PERSONAL cluding objects, papers, artwork, drawings and (division B of Public Law 109–289, as amended SERVICES artifacts, that pertain to the history and design by Public Laws 110–5 and 110–28), and Public of the Nation’s Capital or the history and activi- SEC. 403. None of the funds provided in this Laws 110–92, 110–116, 110–137, 110–149, 110–161, ties of the Commission of Fine Arts, for the pur- Act to any department or agency shall be obli- 110–329, 111–6, and 111–8 for payments for con- pose of artistic display, study or education. gated or expended to provide a personal cook, tract support costs associated with self-deter- NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS chauffeur, or other personal servants to any of- mination or self-governance contracts, grants, For necessary expenses as authorized by Pub- ficer or employee of such department or agency compacts, or annual funding agreements with lic Law 99–190 (20 U.S.C. 956a), as amended, except as otherwise provided by law. the Bureau of Indian Affairs or the Indian $9,500,000: Provided, That no organization shall DISCLOSURE OF ADMINISTRATIVE EXPENSES Health Service as funded by such Acts, are the receive a grant in excess of $650,000 in a single SEC. 404. Estimated overhead charges, deduc- total amounts available for fiscal years 1994 year. tions, reserves or holdbacks from programs, through 2009 for such purposes, except that for

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Prior to October 1, 2010, the Sec- taged business: Provided further, That the con- domestic processors in the contiguous 48 United retary of Agriculture shall not be considered to tract, grant, or cooperative agreement is for for- States at prevailing domestic prices. Should Re- be in violation of subparagraph 6(f)(5)(A) of the est hazardous fuels reduction, watershed or gion 10 sell, in the current fiscal year, less than Forest and Rangeland Renewable Resources water quality monitoring or restoration, wildlife the annual average portion of the decadal al- Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) or fish population monitoring, or habitat res- lowable sale quantity called for in the Tongass solely because more than 15 years have passed toration or management: Provided further, That Land Management Plan in sales which are not without revision of the plan for a unit of the the terms ‘‘rural community’’ and ‘‘economically deficit when appraised using a residual value National Forest System. Nothing in this section disadvantaged’’ shall have the same meanings approach that assigns domestic Alaska values exempts the Secretary from any other require- as in section 2374 of Public Law 101–624: Pro- for western red cedar, the volume of western red ment of the Forest and Rangeland Renewable vided further, That the Secretaries shall develop cedar timber available to domestic processors at Resources Planning Act (16 U.S.C. 1600 et seq.) guidance to implement this section: Provided prevailing domestic prices in the contiguous 48 or any other law: Provided, That if the Sec- further, That nothing in this section shall be United States shall be that volume: (1) which is retary is not acting expeditiously and in good construed as relieving the Secretaries of any surplus to the needs of domestic processors in faith, within the funding available, to revise a duty under applicable procurement laws, except Alaska; and (2) is that percent of the surplus plan for a unit of the National Forest System, as provided in this section. western red cedar volume determined by calcu- this section shall be void with respect to such PROHIBITION ON USE OF FUNDS lating the ratio of the total timber volume which plan and a court of proper jurisdiction may SEC. 412. None of the funds made available by has been sold on the Tongass to the annual av- order completion of the plan on an accelerated this or any other Act may be used in fiscal year erage portion of the decadal allowable sale basis. 2010 for competitive sourcing studies and any re- quantity called for in the current Tongass Land Management Plan. The percentage shall be cal- PROHIBITION WITHIN NATIONAL MONUMENTS lated activities involving Forest Service per- sonnel. culated by Region 10 on a rolling basis as each SEC. 409. No funds provided in this Act may be sale is sold (for purposes of this amendment, a LIMITATION ON TAKINGS expended to conduct preleasing, leasing and re- ‘‘rolling basis’’ shall mean that the determina- lated activities under either the Mineral Leasing SEC. 413. Unless otherwise provided herein, no tion of how much western red cedar is eligible Act (30 U.S.C. 181 et seq.) or the Outer Conti- funds appropriated in this Act for the acquisi- for sale to various markets shall be made at the nental Shelf Lands Act (43 U.S.C. 1331 et seq.) tion of lands or interests in lands may be ex- time each sale is awarded). Western red cedar within the boundaries of a National Monument pended for the filing of declarations of taking or shall be deemed ‘‘surplus to the needs of domes- established pursuant to the Act of June 8, 1906 complaints in condemnation without the ap- tic processors in Alaska’’ when the timber sale (16 U.S.C. 431 et seq.) as such boundary existed proval of the House and Senate Committees on holder has presented to the Forest Service docu- on January 20, 2001, except where such activi- Appropriations: Provided, That this provision mentation of the inability to sell western red ties are allowed under the Presidential procla- shall not apply to funds appropriated to imple- cedar logs from a given sale to domestic Alaska mation establishing such monument. ment the Everglades National Park Protection processors at a price equal to or greater than the INTERNATIONAL FIREFIGHTER COOPERATIVE and Expansion Act of 1989, or to funds appro- log selling value stated in the contract. All addi- AGREEMENTS priated for Federal assistance to the State of tional western red cedar volume not sold to SEC. 410. In entering into agreements with for- Florida to acquire lands for Everglades restora- Alaska or contiguous 48 United States domestic eign countries pursuant to the Wildfire Suppres- tion purposes. processors may be exported to foreign markets at sion Assistance Act (42 U.S.C. 1856m) the Sec- HUNTERS POINT ENVIRONMENTAL CLEANUP the election of the timber sale holder. All Alaska retary of Agriculture and the Secretary of the SEC. 414. In addition to the amounts otherwise yellow cedar may be sold at prevailing export Interior are authorized to enter into reciprocal provided to the Environmental Protection Agen- prices at the election of the timber sale holder. agreements in which the individuals furnished cy in this Act, $8,000,000, to remain available COLORADO COOPERATIVE CONSERVATION under said agreements to provide wildfire serv- until expended, is provided to EPA to be trans- AUTHORITY ices are considered, for purposes of tort liability, ferred to the Department of the Navy for clean- SEC. 418. Section 331 of the Department of the employees of the country receiving said services up activities at the Treasure Island Naval Sta- Interior and Related Agencies Appropriations when the individuals are engaged in fire sup- tion—Hunters Point Annex. pression: Provided, That the Secretary of Agri- Act, 2001, as amended, is amended in subsection EXTENSION OF GRAZING PERMITS culture or the Secretary of the Interior should (e) by striking ‘‘September 30, 2009,’’ and insert- not enter into any agreement under this provi- SEC. 415. Section 325 of Public Law 108–108 is ing ‘‘September 30, 2014,’’. amended by striking ‘‘fiscal years 2004–2008’’ sion unless the foreign country (either directly NATIONAL COUNCIL ON THE ARTS MEMBERSHIP and inserting ‘‘fiscal year 2010.’’ or through its fire organization) agrees to as- SEC. 419. Section 6 of the National Foundation ALASKA NATIVE HEALTH CARE SERVICES sume any and all liability for the acts or omis- on the Arts and the Humanities Act of 1965 sions of American firefighters engaged in fire- SEC. 416. (a) Notwithstanding any other provi- (Public Law 89–209, 20 U.S.C. 955), as amended, fighting in a foreign country: Provided further, sion of law and until October 1, 2011, the Indian is further amended as follows: That when an agreement is reached for fur- Health Service may not disburse funds for the (1) In the first sentence of subsection nishing fire fighting services, the only remedies provision of health care services pursuant to (b)(1)(C), by striking ‘‘14’’ and inserting in lieu for acts or omissions committed while fighting Public Law 93–638 (25 U.S.C. 450 et seq.) to any thereof ‘‘18’’; and fires shall be those provided under the laws of Alaska Native village or Alaska Native village (2) In the second sentence of subsection (d)(1), the host country, and those remedies shall be corporation that is located within the area by striking ‘‘Eight’’ and inserting in lieu thereof the exclusive remedies for any claim arising out served by an Alaska Native regional health enti- ‘‘Ten’’. of fighting fires in a foreign country: Provided ty. further, That neither the sending country nor (b) Nothing in this section shall be construed PROHIBITION ON USE OF FUNDS any legal organization associated with the fire- to prohibit the disbursal of funds to any Alaska SEC. 420. Notwithstanding any other provision fighter shall be subject to any legal action what- Native village or Alaska Native village corpora- of law, none of the funds made available in this soever pertaining to or arising out of the fire- tion under any contract or compact entered into Act or any other Act may be used to promulgate fighter’s role in fire suppression. prior to May 1, 2006, or to prohibit the renewal or implement any regulation requiring the CONTRACTING AUTHORITIES of any such agreement. issuance of permits under title V of the Clean (c) For the purpose of this section, Eastern SEC. 411. In awarding a Federal contract with Air Act (42 U.S.C. 7661 et seq.) for carbon diox- funds made available by this Act, notwith- Aleutian Tribes, Inc., the Council of ide, nitrous oxide, water vapor, or methane standing Federal Government procurement and Athabascan Tribal Governments, and the Native emissions resulting from biological processes as- contracting laws, the Secretary of Agriculture Village of Eyak shall be treated as Alaska Na- sociated with livestock production. tive regional health entities to which funds may and the Secretary of the Interior (the ‘‘Secre- GREENHOUSE GAS REPORTING RESTRICTIONS be disbursed under this section. taries’’) may, in evaluating bids and proposals, SEC. 421. Notwithstanding any other provision TIMBER SALE REQUIREMENTS give consideration to local contractors who are of law, none of the funds made available in this from, and who provide employment and training SEC. 417. No timber sale in Region 10 shall be Act or any other Act may be used to implement for, dislocated and displaced workers in an eco- advertised if the indicated rate is deficit when any rule that requires mandatory reporting of nomically disadvantaged rural community, in- appraised using a residual value approach that greenhouse gas emissions from manure manage- cluding those historically timber-dependent assigns domestic Alaska values for western red ment systems emitting less than 25,000 tons of areas that have been affected by reduced timber cedar. Program accomplishments shall be based carbon dioxide equivalent per year. harvesting on Federal lands and other forest-de- on volume sold. Should Region 10 sell, in the pendent rural communities isolated from signifi- current fiscal year, the annual average portion CONGRESSIONALLY DIRECTED SPENDING cant alternative employment opportunities: Pro- of the decadal allowable sale quantity called for SEC. 422. Within the amounts appropriated in vided, That notwithstanding Federal Govern- in the current Tongass Land Management Plan this Act, funding shall be allocated in the

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9514 CONGRESSIONAL RECORD — SENATE September 17, 2009 amounts specified for those projects and pur- of people in that great State bathing in lands nationwide, a 7-percent increase poses delineated in the table titled ‘‘Congres- water that created skin lesions. That over last year. That is critical. sionally Directed Spending’’ included in the should not be the case in the United My State is burning up, as are other committee report accompanying this Act. States in the West. We lost 1.5 million This Act may be cited as the ‘‘Department of States. Therefore, this significant in- the Interior, Environment, and Related Agencies crease in water and sewer infrastruc- acres last year from fire. Hazardous Appropriations Act, 2010’’. ture is extraordinarily important. mitigation of fuels becomes very crit- Mrs. FEINSTEIN. Madam President, Additionally, I hope we will have re- ical. I am pleased to join my colleague, Sen- port language in our bill in consulta- As important as it is to provide our ator ALEXANDER, in presenting the fis- tion with the ranking member that Federal firefighters with the funds cal year 2010 Interior and related agen- will instruct EPA to put much more they need for suppression, it is just as cies appropriations bill. This is the regulatory authority in the area of important that we make these fuel re- first year Senator ALEXANDER and I water quality so we don’t run into duction funds available so these agen- have worked together as chairmen and these areas. This is something I have cies can begin to get in front of the ranking member of the Interior Appro- not yet had a chance to talk with the problem and prevent these catastrophic priations Subcommittee. I am very ranking member about, but I do intend wildland fires or at least reduce their pleased to report that it could not have to do that. catastrophic potential. been a better experience. We have con- When we factor in the $6 billion in- The money provided in this bill will sulted on several occasions and worked cluded in the stimulus bill in February, allow the Forest Service and the Inte- through several different issues. As a we are providing nearly $10 billion this rior Department to treat 3.5 million result, I think we have produced a fair, calendar year to State and local water acres of fire-prone Federal lands. That balanced, and workable bill. I thank authorities. This is a major investment is 3.5 million acres of fire-prone Fed- him very much, and his able staff, for in public infrastructure and one that, eral land. This will reduce the risk of all their hard work and cooperation. as a former mayor, I strongly support catastrophic wildfires such as the one In total, the fiscal year 2010 Interior and am very pleased to be able, along being fought right now in southern appropriations bill provides $32.1 bil- with my ranking member, to accom- California. lion in nonemergency discretionary plish. Let me say something about that spending. That amount is $4.5 billion This money will allow State and fire. The Station fire in southern Cali- above the equivalent 2009 enacted level local water authorities to begin to fornia is still burning in the foothills of but $225 million below the President’s tackle 1,327 wastewater and drinking Los Angeles. The fire has swept request. I wish to stress that. This bill water projects all across the Nation. through canyons that are drowning is $225 million below the President’s re- For those who may not be aware, the under decades’ worth of dense vegeta- quest. Environmental Protection Agency, tion. As of Tuesday, the fire has burned The reason is to make it consistent which administers these grants, has es- 160,000 acres, destroyed 183 homes and with the subcommittee’s 302(b) alloca- timated that over a 20-year period com- other buildings, and cost more than $90 tion for both budget authority and out- munities will need to spend $660 bil- million to fight. More than 8,000 fire- lays. Our allocation is substantially lion—not million—for drinking water fighters have battled the blaze, and, lower than that of the House of Rep- and wastewater infrastructure repairs tragically, two firefighters have lost resentatives. Therefore, our bill is nec- and renovations. Obviously, we can’t their lives. essarily constrained. We cannot spend provide that level of funding during The Station fire is now the largest above our allocation. So there are these tough budgetary times. But what fire in Los Angeles County history. It going to be several items that will be we were able to provide, with a reduced is also a reminder of how important it conferenced in that regard. allocation, will go a long way toward is to increase funding for fuels reduc- Because the committee’s report, helping communities tackle their tion and fire suppression. I am very which spells out all of the funding de- crumbling infrastructure and provide proud this bill accomplishes both. tails, has been publicly available for residents with more reliable and clean- Third, the bill shores up our public more than 2 months, I won’t go er water. It will also have the benefit land management agencies by pro- through each and every line item. But of creating thousands of construction viding a total of $6 billion for basic op- I would like to emphasize the great jobs to put more Americans back to erations and backlog maintenance of strides we have been able to make in work. our national parks, national forests, five critical areas: water and sewer in- Secondly, the bill provides $1.8 bil- national wildlife refuges, and on Bu- frastructure, wildfire suppression and lion for wildland fire suppression ac- reau of Land Management land. prevention on public land, bolstering tivities. It is very important that we For too long we have neglected these our public land management agencies, are providing that level of funding be- agencies and forced program cuts on investment in the Land and Water Con- cause that is the same amount that has them by underfunding the fixed costs servation Fund, and helping the most been spent on average in each of the they incur every year. In this bill, fixed vulnerable in Indian Country. last 3 fiscal years. So for the first time costs are fully funded. That is impor- First, in these five key areas, the bill in more than 10 years, we will be pro- tant. Included in these funds are $2.2 provides $3.6 billion for water and viding Federal firefighters the re- billion for basic operations of our 391 sewer infrastructure projects. I am sources they need well before they run national parks, an increase of $130 mil- proud of this. That is a significant in- out of money. The fact that we are pro- lion. These funds will allow the Park crease over last year’s level of $1.6 bil- viding this level of funding is ex- Service to continue utilizing the 3,000 lion. In fact, this is the largest single tremely important. By appropriating seasonal employees who have made a commitment of funds that has ever up front what we know is actually real difference in the condition and en- been provided in an annual appropria- going to be needed based on prior expe- joyment of our parks. Additional main- tions bill. rience, we allow the Forest Service and tenance personnel, additional law en- Let me say something about this. the Interior Department to break the forcement officers, and additional park When we look at America’s infrastruc- cycle of borrowing from other accounts rangers will all be brought back as a ture, I can say that I am old enough, and then hoping Congress agrees to way of enhancing the visitor experi- regretfully—I guess I am delighted I repay that money. We have been criti- ence now and preparing our parks for have survived—to remember when ev- cized for doing it. It is good, solid criti- the centennial in 2016. eryone could drink water out of every cism. In this bill, it has been remedied. Our national parks are jewels tap anywhere in America. You can The bill also includes $107 million in throughout the United States of Amer- imagine what I thought when I saw the grants to help State and local coopera- ica. They cannot be allowed to grow front of the New York Times with the tors fund their own firefighting and into poor condition. They must be young lad from West Virginia with fill- fuels reduction efforts. That is a 2-per- maintained, and they must be operated ings all over his mouth because he cent increase over the 2009 level, and it properly. couldn’t drink water properly out of provides $556 million for hazardous Also, I wish to point out that the the tap, when there was other evidence fuels reduction projects on Federal funding being provided in this bill will

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9515 allow the Park Service to continue the Funding provided through the Bu- lion of us—and the people who visit us drug eradication program started last reau of Indian Affairs will improve pro- to enjoy that great American outdoors. year. I can tell you, in California, this grams and infrastructure at the Bu- It is always a privilege to be in the has become a major problem, with lit- reau’s 183 schools. The $81 million in- Senate, but it is a special privilege to erally hundreds of thousands of acres crease in education programs will work on the outdoors—the great Amer- in our national parks taken over by allow the Bureau to substantially in- ican outdoors—with Senator FEINSTEIN Mexican cartels that have moved into crease the number of schools that meet from California. the back areas and set up marijuana the Adequate Yearly Progress goals Last week, we celebrated the 75th an- production facilities. They are armed. spelled out in No Child Left Behind. niversary of the Great Smoky Moun- They are dangerous. It has taken the For the first time—and I am proud of tains National Park. I am not objective resources of combined task forces—of this—nearly half of all schools will at all about the Great Smoky Moun- local, Federal, and State officers—to meet this milestone. Additional fund- tains National Park. I grew up there, go in and root out these areas and also ing for law enforcement programs will went hiking there, and I live 2 miles to eradicate the planting that has been allow the Bureau to increase staffing from its border. One reason I care done. More than $10 million is being throughout Indian Country. about the trails so much is because I made available so law enforcement per- But it is not just funding for staff have hiked them. One reason I care sonnel can work with other Federal that is going to make a real difference. about the quality of the air so much is and State agencies to extricate the il- The bill includes a threefold increase because I breathe it. One reason I care legal drug operations that are increas- in funds for repair and rehabilitation of about having enough rangers and mak- ingly invading our national parks. detention facilities. Too often, Bureau ing sure their salaries are paid is be- This effort is not just limited to the police officers are forced to spend use- cause I know them. So that helps in Park Service. Included in the $1.56 bil- less time transporting detainees, some- my objective. lion that this bill provides for oper- times hundreds of miles, to be incar- But there was also a reminder. It was ations of the national forests is a new cerated in adequate detention facili- a beautiful day up on Newfound Gap, $10 million increase for the Forest ties. These funds will allow the Bureau right on the border of North Carolina Service’s law enforcement program. to repair several local facilities so less and Tennessee. Our mountains in the These funds mean the Service will be time is spent in transit. East are not as big as the mountains in able to hire up to 50 new law enforce- All in all, I believe Senator ALEX- the West. They are older, more mature. ment officers to battle the epidemic of ANDER and I have been fair and con- But the largest of the mountains in the these marijuana gardens on our public scientious in crafting this bill. I urge Eastern United States are along the lands. my colleagues to let us move forward North Carolina and Tennessee border, The bill also contains a $5 million in- with this measure as soon as possible. 71 miles along the Appalachian Trail, crease to begin cleaning up more than I want my ranking member to know in the Great Smoky Mountains Na- 25,000 acres of forest lands nationwide I am very proud of this bill, not only tional Park. that have suffered environmental dam- because it is a good bill, it is the first So there we were, at about 5,500 feet, age because of these drug—the word is start we have had together. I look for- at the place where President Franklin ‘‘gardens.’’ I hate that word applied to ward to more years where we can build Delano Roosevelt, on the same day in these drug projects, so I will say ‘‘drug our fire suppression, our care and con- 1940, a few years after the park was projects.’’ cern for our national parks, the Smith- formed, dedicated the Great Smokies. Fourth, the bill increases the protec- sonian, all the 19 institutions it rep- But among other things on that beau- tion and conservation of sensitive resents, the Kennedy Center, and all tiful day—and the Secretary of the In- lands by providing $419 million through the various Departments we are con- terior was there, Ken Salazar. It is the Land and Water Conservation cerned with in this appropriations bill. good for our Western Secretary to get Fund. Of that amount, $262 million is It is necessarily dull to put forward a good look at the Eastern park. Dolly set aside for four Federal land manage- figures, but as both of us have learned Parton was there. She grew up in the ment agencies for conservation of sen- from our prior lives, budgets and ap- next county, so she is our special am- sitive lands that provide habitat to propriations condition policy. So I bassador for the Great Smokies, and wildlife and recreation to visitors; $55 think this is not only a good appropria- there were all the Members of the Con- million is for conservation easements tions bill, but it is a very good policy gress who were there from the area. through the Forest Legacy Program; bill for the Departments that are in- But when we look back 75 years, $54 million is for acquisitions associ- cluded within the bill. what did we see? It was 1934. So here we ated with habitat conservation plans; It has been a sheer delight for me to were, in the middle of the greatest de- and $35 million is for State grants work with you, I say to Senator ALEX- pression in our country’s history, and through the Park Service’s State As- ANDER. Now I would like to defer to the what were we doing? Well, in Ten- sistance Program. Senator for any comments he might nessee, we had the State legislature ap- Finally, the bill helps some of the care to make. propriating $2 million to buy land from most vulnerable among us by providing The ACTING PRESIDENT pro tem- families and from lumber companies to a total of $6.6 billion for the Indian pore. The Senator from Tennessee. create a park. In North Carolina, they Health Service and the Bureau of In- Mr. ALEXANDER. Madam President, did the same thing. That only made $4 dian Affairs. That is an 11-percent in- I thank the Senator from California. million. Madam President, $10 million crease over the 2009 enacted level. The It is a joy for me to work on this leg- was needed. So they collected another bill includes increases of $450 million in islation because, first, I care so much million dollars from the people of the direct health care services; $81 million about it, as she does—this is about the area. in K–12 and college education pro- great American outdoors, which is an Schoolchildren put pennies in jars. It grams; and $83 million in law enforce- essential part of our American char- is a wonderful story of how they got up ment programs, which will allow for acter—and because of the privilege of to $5 million. Then one of the early additional police officer staffing on the working with Senator FEINSTEIN. She leaders of the group organizing the streets and in detention centers. has the great advantage of having been Great Smoky Mountains National Park With these funds, more than 10,000 a mayor of a big city and she is capable convinced John D. Rockefeller, Jr.,— additional doctor visits will take place of making a decision and she is results who, I guess, is the grandfather of our that would not otherwise happen. This oriented, so we are able to work easily Senator ROCKEFELLER—to come; and means additional well-baby care to pre- together. It is the way I liked to work the Rockefellers gave $5 million in vent problems before they happen. It when I was Governor. She is broad- honor of Laura Spelman Rockefeller, means additional alcohol and sub- gauged and cares about this country to match the $5 million the two States stance abuse treatment, which is truly and about its environment and its out- and all the people had contributed. a plague in Indian Country. It means doors and about not only protecting That $10 million bought the park and additional public health nursing visits and conserving the outdoors but mak- gave it to the country. This was not so those rural areas are not left out. ing it possible for Americans—300 mil- like almost every other park. It was

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9516 CONGRESSIONAL RECORD — SENATE September 17, 2009 not just carved out of land the people What should we hope for as we work trade between offshore exploration and already owned. It was given to the on this bill and we plan ahead? My money for land and water conservation country in the midst of the Great De- hope of the future is that we finish funding to create city parks. pression. cleaning up the air, so in the Great One other thing. I hope we find addi- The reason I bring up that today is Smokies, we can celebrate the gray tional ways, through increased private because it is a reminder that even in haze about which the Cherokee sang in- contributions as well as the kinds of difficult times we kept our priorities stead of seeing smog. I hope we do Federal appropriations we talk about right. India has its Taj Mahal. Rome more to use our nearly 400 national today, to support and care for the near- has its art. England has its history. park properties to teach about what it ly 400 different national parks prop- But we have the great American out- means to be an American so our chil- erties we have, as well as our other doors. If, as Ken Burns has said, our na- dren and our immigrants can know public lands and treasured landscapes tional parks are America’s best idea, that story. I hope we can become bet- and national forests and along our we in Tennessee and North Carolina ter students of the remarkable environ- coastlines and our ridgelines in this think that must mean the Great mental diversity of our country. Just country. Smoky Mountains are the very best within our Great Smoky Mountains The Senator from California gave a idea because so many more people visit National Park, we have 128 species of very thorough statement of the various it than visit any other park in Amer- trees, as many as they have in all of programs in our bill. I won’t repeat all ica. Europe. I hope we do a better job of of those numbers, but I do have a hand- But what those people did—whether creating picturesque entrances and ful of observations I wish to make. Ob- it was the schoolchildren with the pen- conservation easements to protect the viously, we don’t agree on every detail. nies, the Governors of the States, the wildlife and the stunning viewscapes But we are not here to agree on every legislators, the people in Asheville, NC, that are not only in our parks but near detail, we are here to see whether we and Knoxville, TN, the civic leaders, our parks. can produce a result. I believe we have whether it was the Rockefeller fam- I am going to do my best—and Sen- done that. In the process, I thank Sen- ily—what they did also shows us the ator FEINSTEIN and I have talked about ator FEINSTEIN for addressing a number foresight of thinking ahead for the ben- our concern about this, and I have of the concerns I and many of our col- efit of future generations. shared that concern with Secretary In 1934, the assistant chief ranger of leagues on the Republican side of the Salazar on many occasions, including this big, new park wrote a memo to the aisle have. She has been terrific to last week when he visited Tennessee— superintendent outlining the wildlife work with in that respect. I am going to make sure we pay atten- As she said, this bill is $225 million he found there. There were 100 black tion to the perils of what some con- below the President’s budget request, bears in 1934. There are 1,600 today. servationists are calling energy sprawl, even though it is substantially higher There were 315 wild turkeys in 1934. so that in our enthusiasm for renew- The other day I saw 21 outside my win- than last year’s funding levels. I sup- able energy and alternative energy, dow 2 miles from the park. pose if I were doing this all by myself, Seventy-five years ago in the Park, which we need, we don’t place 50-story I would have spent less money, but there were 12 whitetail deer in Ten- wind turbines and acres of square miles that is not the way our system works. nessee and only 6 in North Carolina. of solar thermal plants in areas that We each make our arguments, fight our They are all over the place today. damage the treasured landscapes we spending battles, decide on a budget There were no peregrine falcons, no have spent a century trying to protect. resolution, and we go from there. So I river otters, no elk. They are there It doesn’t make sense to destroy the believe Chairman INOUYE and the vice today. Twenty-five years ago, when as environment in the name of saving the chairman, THAD COCHRAN, have allo- Governor of Tennessee I spoke at the environment. cated the funds made available to the 50th anniversary of the Great Smoky I hope we can build on the legisla- Appropriations Committee by the Sen- Mountains National Park, there was no tion, too, that Congress enacted in 2007 ate in a fair and responsible way. Federal law controlling acid rain, there when we expanded exploration for nat- Similarly, with the funds we have was no organization called Friends of ural gas and oil in the Gulf of Mexico had to work with on the Interior bill, the Smokies, but both are great suc- and for the first time created what I Chairman FEINSTEIN and I have made cesses today. Those Federal laws were like to call a conservation royalty that our best judgment and done our best to passed and Friends of the Smokies has contributes one-eighth of the revenues meet the many competing priorities contributed $30 million. So that cele- that are collected from that drilling. for the varied programs here. She men- bration two weeks ago reminded us of One-eighth of those revenues go to the tioned some of the good things in the the foresight 75 years ago. Those exam- Land and Water Conservation Fund. In bill, and I wish to underscore just a ples are everywhere in our culture this case, it goes to the State side por- few. today. tion, which is used by communities for We have continued the Centennial I am reading Douglas Brinkley’s local parks and local greenways. Suf- Initiative started under President Bush book about Teddy Roosevelt called fice it to say, the most popular parks by adding over $130 million to increase ‘‘The Wilderness Warrior.’’ It is so in America are not the Great Smokies park operations in preparation for the thick, it will break your back if you and Yosemite; the most popular parks national park centennial in 2016. This carry it around, but it is a wonderful are the city parks and the community is a good time to think about the con- story of how our President, Teddy Roo- parks and the suburban parks, the dition of our national parks. Many of sevelt, during his relatively short term parks down the street. The Land and us visit them, so we are familiar with in office, had the foresight to make Water Conservation Fund is the source their maintenance needs and their per- sure we have many of the wildlife ref- of funding for many of those parks and sonnel needs. uges, the national parks, the national much of that open space. Some are reading the book I men- forests, and the others we enjoy today. In the 1960s, Congress, as a result of tioned about Teddy Roosevelt, and mil- This bill Senator FEINSTEIN so ably de- a report by the first Commission on lions more, starting September 27, will scribed is the responsibility we have as American Outdoors that was chaired see Ken Burns’ film about the national stewards of that great tradition today, by Lawrence Rockefeller, rec- parks called ‘‘The National Parks: to look ahead to the future about pre- ommended that we take some of the America’s Best Idea.’’ I am confident serving and protecting the great Amer- money we receive from offshore drill- the film will remind us of how impor- ican outdoors; looking to the future as ing and exploration and use it for the tant those parks are to our national Teddy Roosevelt did, as the school- Land and Water Conservation Fund. character and how determined we are children did in Tennessee, as John We had never really done that, but it to make sure that over the next several Muir did when Yosemite was created, makes good sense. It is good steward- years, as we approach the centennial, as Lady Bird Johnson did half a cen- ship. Where there is an environmental we support them properly. That in- tury ago. As we look ahead, we should burden, which we sometimes have to cludes the law enforcement rangers remember that we are custodians of authorize, we should pay for it with an who ensure the safety of the public in that tradition. environmental benefit. That is the our parks, the interpreters who explain

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None of the funds made avail- visitors to all of our national forests, the taxpayer a lot of money by permit- able under this Act may be distributed to the wildlife refuges, and other public lands ting the efficient operation of the gov- Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. safe; health care professionals who pro- ernment on an orderly, budgeted basis. vide medical care; the Indian Health Let me close by saying again how Mr. JOHANNS. Madam President, I Service teachers who provide education much I have enjoyed working with Sen- compliment both Senators who just in the Indian community—Senator ator FEINSTEIN and how much I look spoke, the Senator from California and FEINSTEIN described that. Simply keep- forward to that privilege in the future. the Senator from Tennessee. You un- ing pace with the inflationary pay I thank the President, and I yield the derscore why we are so proud to live in costs and health benefits for park and floor. this great country and the importance forest rangers, Indian health care pro- The ACTING PRESIDENT pro tem- of these resources. fessionals, and other critical personnel pore. The Senator from California is Also, as a former Secretary of Agri- required a $540 million increase in recognized. culture, I know the importance of ade- funding over the last year. Mrs. FEINSTEIN. Madam President, quate funding for firefighting. Without Senator FEINSTEIN talked about fires. if I may, I wish to thank the ranking it, our forests are in serious jeopardy. I It seems as though when we read about member for those very gracious re- wanted to express that. fires or see them on television they are marks. They are reciprocated in whole. I rise today to talk about something all in California, and our hearts go out I think his expressions about the bill that is enormously important. Three to the families who have lost their are very well taken, and we will just days ago, I was here on the Senate homes and, a few, their lives as a result proceed from there. floor urging my colleagues to vote in of these fires. I would like Senators to be fully favor of an amendment I offered to an- But the fires are not all in California. aware that any amendment which pro- other appropriations bill, the Transpor- The national Forest Service is busy poses to increase spending in one area tation and Housing Appropriations bill. spending too much of its time on fire of the bill will need to be offset with a The amendment had a very specific protection. It has an effective fire pro- commensurate cut in another area. The purpose. The purpose was to prohibit tection unit that is part of its job, but bill is at its allocation level, and the funds from going to the Association of what we have been doing is paying for overall effect of the bill’s bottom line Community Organizations for Reform firefighting the way we used to pay for must remain neutral. Not to do so is to Now, known as ACORN. the Iraq war. We did it off budget. We create a 60-vote point of order against I am very pleased to report that, in a did it a little later. I congratulate the the amendment. So everyone who wish- true display of bipartisanship, 82 of my administration and Senator FEINSTEIN es to offer an amendment should bear colleagues joined with me in voting in for putting into this budget the that in mind. I think both of us will favor of protecting taxpayer dollars by amount of money we think we will ac- fight vociferously to see that the finan- voting for the amendment. This was a significant and important tually need to fight fires this year. We cial integrity of our bill is continued. vote in this body for a number of rea- have added over $570 million compared I very much appreciate Senator AL- sons. Such a strong bipartisan vote to last year for firefighting and fire EXANDER pointing out that this is the sent a very powerful message that the prevention programs. I hope that is first time since 2005 that the full Sen- Senate is serious about eliminating the enough. I hope we have made a budget ate has had an opportunity to consider flow of taxpayer funds to an organiza- that allows us to deal with that so we this bill. Considering the landmarks, tion that can best be described as being don’t find ourselves coming back with the vital aspects of this American gov- in an absolute free fall when it comes supplementary appropriations and so ernment of which people are singularly to allegations of illegal activity—ille- we don’t disrupt all of the other impor- proud—I mean, we don’t hear much gal activity that, in many respects, is tant programs in the Forest Service criticism about the Federal Govern- funded with taxpayer dollars. Senators and in the Department of the Interior. ment providing national parks or a for- came to this floor a couple of days ago As important as the firefighting func- est service or an environmental protec- and they threw aside partisan loyalty tion is to the U.S. Forest Service, we tion agency. So this is a bill of which in favor of prohibiting funds to an or- don’t want to turn the U.S. Forest we are very proud. ganization besieged by allegations of Service into the U.S. fire service. I, too, wish to encourage Senators to fraud and corruption and employee Let me make one comment about our come to the floor now. We wish to pass wrongdoing. process. One of the major criticisms of this bill as quickly as we can. The floor Bottom line: My colleagues—I am so the appropriations process in recent should be open to amendments. proud of them—answered the call to de- years has been the failure of the Senate With that in mind, I yield the floor. fend taxpayers against waste, fraud, to take up each bill individually. This The ACTING PRESIDENT pro tem- and abuse. But because of the limita- denies the Members of this body an op- pore. The Senator from Nebraska is tions of that amendment, our job sim- portunity to offer amendments and recognized. help shape the final bill. ply is not complete. Of course, in order It is important to note that this is AMENDMENT NO. 2394 to comply with the germaneness rules, the first time in 4 years that the Inte- Mr. JOHANNS. Madam President, I we could only do so much with that rior bill has been brought to the floor call up amendment No. 2394. amendment. Therefore, I come here of the Senate as a stand-alone measure The ACTING PRESIDENT pro tem- again today to offer the same amend- for purposes of examination and pore. The clerk will report. ment to this bill. amendment by all Senators. This is a The assistant legislative clerk read The amendment to the T–HUD bill tribute to Chairman INOUYE and Vice as follows: was a first step. The overwhelming Chairman COCHRAN, and I thank Sen- The Senator from Nebraska [Mr. JOHANNS] vote on Monday stopped the flow of ator REID and Senator MCCONNELL for proposes an amendment numbered 2394. funds for transportation or housing the fact that we are here today and Mr. JOHANNS. Madam President, I funding that would otherwise go to Senators should now come forward to ask unanimous consent that reading of ACORN. offer their amendments. the amendment be dispensed with. At least in terms of Senate action, This is the sixth appropriations bill The ACTING PRESIDENT pro tem- there is more process left there. Unfor- to complete Senate floor action. We pore. Without objection, it is so or- tunately, ACORN is still eligible to re- are nearly halfway through the proc- dered. ceive Federal dollars from innumerable ess. I believe all of my colleagues share The amendment is as follows: sources in the Federal budget. That is

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9518 CONGRESSIONAL RECORD — SENATE September 17, 2009 why I am here today to offer the iden- up and prohibit all sources of Federal fornia, let me say that I appreciate the tical amendment to the Interior Appro- funding and any possibility of Federal Senator’s offer of accepting this by priations bill and to call on my col- funding going to ACORN. unanimous consent. I appreciate the leagues again to stand up for the Amer- I will wrap up with a statement of Senator’s claim that she believes there ican taxpayers. deep respect for what my colleagues is no way they can access funding. But There is unbelievable evidence that did on Monday. I believe it was the I will tell you that I have operated a ACORN or its estimated 360-plus affili- right thing to do. It was the right thing Federal Department myself—a very ates could be eligible for Department to step in here to the floor and cast a large department—where we adminis- of Interior funding. The following vote and say: Enough is enough, it tered millions and billions of dollars of words appear in the text of this bill 193 stops here, it stops today. grants and loans, et cetera. Once that times: contracts, grants, nonprofits, We need to do everything we can to appropriations bill is passed, the Sen- and cooperative agreements. assure our taxpayers that there is no ator knows and I know that unless There are so many ways ACORN can possibility somebody can access this there is some real trouble, we are free receive funds from the Interior bill. funding from ACORN. My hope is we at the departmental level to pretty For example, ACORN’s subsidiaries will come together as we did Monday much administer the money. So there openly publicize their advocacy for en- and that we will do the right thing. cannot be a guarantee that they won’t vironmental causes. With that, I yield the floor. get money out of this program. ACORN groups are heavily involved The ACTING PRESIDENT pro tem- pore. The Senator from California is The second thing I will offer here is in community redevelopment, and so is this: This is not one of those issues the Department of the Interior. The recognized. Mrs. FEINSTEIN. Madam President, that just comes along. This involves an links are obvious. They are undeniable. I will respond to the Senator from Ne- organization that has had a history of In fact, on page 66 of the bill, you braska. My belief is that we had an very serious problems. I could not feel can—just to pull out specific language amendment yesterday that was passed more strongly that the American peo- there included for the Great Lakes res- overwhelmingly by this body, prohib- ple want us to come to the floor and toration project that would give money iting the use of Federal funds for cast a vote on this issue. to nonprofits for ‘‘planning, moni- ACORN, period. The staff has been re- The final thing I want to say is this: toring, and implementing.’’ searching this bill. We do not believe I feel this is an important issue. There This is a project that President there are any Federal funds in this bill. is a way to solve this problem so that Obama has appointed a specific person I believe if there were a rollcall vote, it I don’t have to come down on every ap- to oversee. Do any of us have a cer- would come out essentially the same as propriations bill. We will be intro- tainty that ACORN won’t receive any it did yesterday. ducing a bill today—and we have of that money? I certainly don’t. So I say to the distinguished Sen- reached out in a very bipartisan way to ACORN is able to tap into taxpayer ator, both the ranking member and I Democrats and Republicans, asking for moneys from so many other ways be- would be prepared to take this amend- people to join in this bill—that says sides competitive grants. They or their ment by unanimous consent. simply that across the entire Federal web of affiliates are able to work out Mr. JOHANNS. Madam President, Government no money for ACORN. My memoranda of understanding, coopera- this is such an important issue. This is hope is we can pass that bill expedi- tive agreements, and even subcontracts an issue that people all across the tiously and we can get that into effect. with the Federal Government. country are watching on the Senate I would like nothing more than to Additionally, States that receive floor. Therefore, I feel very strongly avoid having to come down here on grants from the Federal Government that if there were ever an opportunity each and every appropriations bill. can funnel money to ACORN affiliates, for Senators to come to the floor and Again, I appreciate the offer, but this and there is very little oversight. My cast a vote in a rollcall fashion, this is is an important vote to constituents amendment will stop that. It will stop one to make a very strong statement all across the United States. I think we the money—the taxpayer dollars— again about ACORN not receiving this owe it to them to show how we are being directed to this group. funding. going to vote on this issue. The question before us today is I appreciate the offer of the Senator Mrs. FEINSTEIN. Madam President, whether my colleagues will again come from California, but I must insist, be- to the floor and say this activity is I wish to signal to all Members that cause of the nature of what we are the floor is open. Amendments will be wrong, it is damning. We need to stand dealing with—the claims of alleged and say that no money will go to a received to this bill. I say to my col- wrongdoing, the history of wrongdoing leagues, if you have an amendment to group engaged in this activity. with employees from this organization, Last night, I was watching a news the Interior Appropriations bill, please the videotapes, the potential to access come to the floor. program, and yet another videotape the funding—that we need a rollcall surfaced of ACORN employee activity. vote on this issue. ORDER OF PROCEDURE It was shocking. This videotape dis- Mrs. FEINSTEIN. If I may, through Madam President, I ask unanimous played someone saying to an ACORN the Chair to the Senator, to the best of consent that the September 16 order employee that they intended to bring our knowledge, there is no funding in with respect to H.R. 3288 be modified to underage minors into this country this bill for ACORN. The staff is look- provide that the Senate resume consid- from other countries for the purpose of ing and has found no funding in the bill eration of the bill at 2:30 p.m., with the engaging in prostitution. There was ac- for ACORN. Therefore, there is a re- remaining provisions still in effect. tive involvement by the ACORN em- dundancy, and this will have to be done That is the housing and transportation ployee in how this might happen, even on every single appropriations bill, bill. Further, as in executive session, I to the extent of describing the contacts which doesn’t seem to me to make very ask unanimous consent that at 12:30 that this person had. good sense. I think an 80-plus vote yes- p.m. today, the Senate proceed to exec- I want to say that we cannot relent, terday is a very substantial vote. I utive session to consider the nomina- just because some taxpayer money was think everybody who is interested has tion of Gerard E. Lynch to be a U.S. safeguarded, until a full government access to know—we are trying very Circuit Court judge for the Second Cir- investigation is launched and com- hard—and I hope the Senator will not cuit; that there be 2 hours of debate pleted, and if it turns out with no prob- be upset by what I am saying, but we with respect to the nomination, with lem, so be it, but we cannot rest until are trying to move our bill, and we will the time equally divided and controlled that is done and we are assured and we take the Senator’s amendment so that by Senators LEAHY and SESSIONS or can assure our citizens back home that the amendment—if there is any fund- their designees; that upon the use or no taxpayer money is being used in ing, it still cannot be used, even with- yielding back of time, the nomination this organization. out this amendment. So the Senator is be set aside to recur upon passage of It doesn’t make sense to just stop covered. H.R. 3288; that prior to the vote on con- with the Transportation and Housing Mr. JOHANNS. Madam President, firmation of the nomination and the Appropriations bill. We need to stand speaking to my colleague from Cali- Senate resuming executive session,

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9519 there be 2 minutes of debate equally di- Senate; my colleagues have done a bear the name of Senator Ted Kennedy, vided and controlled; that upon con- great job doing that. Those accom- and he cosponsored more than 2,000 firmation, the motion to reconsider the plishments spanned 47 years and would others. That doesn’t include the thou- vote be considered made and laid upon take far too long and too much time to sands of laws he merely influenced. the table; that no further motions be in detail, and many have done it, as I Much of that work was done on the order; that the President be imme- said. Senate floor. It was his life’s work. diately notified of the Senate’s action; I will not repeat his love of all things If the Senate was his home, this Sen- and that the Senate then resume legis- Irish. Everyone understood that. He ate floor surely was his front porch, lative session. was a great Irish storyteller. No where he would let everyone know The ACTING PRESIDENT pro tem- prouder Irishman in the world, I dare- what was on his mind. When Senator pore. Without objection, it is so or- say, than Ted Kennedy. Ted Kennedy, at that desk, was on the dered. I don’t need to tell of his many acts Senate floor, you may not have agreed Mrs. FEINSTEIN. Madam President, of thoughtfulness and kindness, large with him, you might not have even I ask unanimous consent that the vote and small, for the powerful and the cared about the subject before he began in relation to the Johanns amendment powerless. They are well-known al- to speak, but you had to listen, you No. 2394 occur upon disposition of the ready as well and, already, much had to respond, and you had to take nomination of Gerard Lynch and that missed. sides. no amendment be in order to the Many have talked about his wit and He was called the lion of the Senate amendment prior to the vote, with 2 his love of storytelling and a good joke. by many. When he was on the floor minutes of debate equally divided prior That, too, was Ted Kennedy. Laughing roaring, it was quite a sight and sound to the vote. and making people laugh was part of to behold, a sound that moved hearts. The ACTING PRESIDENT pro tem- the hallmark of his character. Often It moved minds. It moved this very in- pore. Without objection, it is so or- when I think of him I think of a boom- stitution and, indeed, the country dered. ing laughter that filled the entire room itself. He could be quietly persuasive, Mrs. FEINSTEIN. Madam President, when he was full of joy. but on the Senate floor his passion lit- I need not talk about his doggedness I suggest the absence of a quorum. erally poured out of him. or his tireless work ethic or his deter- The ACTING PRESIDENT pro tem- It was said long ago of Daniel Web- mination, for they, too, were well- pore. The clerk will call the roll. ster, another famous Senator from known to all of us who worked with The assistant legislative clerk pro- Massachusetts, that he was ‘‘a great him. Those were the pillars upon which ceeded to call the roll. cannon loaded to the lips.’’ Well, Sen- he built success after success, often Mr. DORGAN. Madam President, I ator Kennedy was a great cannon load- small, but then building and building, ask unanimous consent that the order ed to the lips, and this institution will step by step, until it was consequential for the quorum call be rescinded. long miss that passion, those words, his The ACTING PRESIDENT pro tem- and often big. Those were also the pillars on which spirit, his love of life, and his love of pore. Without objection, it is so or- this institution and our country. dered. he built decades of relationships. I think those relationships were the There is an old saying that all men Mr. DORGAN. Madam President, I die, but not all men live. Well, surely have just checked with the manager of keys to understanding the man with whom we served—Ted Kennedy. Ted Kennedy lived. Senator Ted Ken- the bill, Senator FEINSTEIN, and asked nedy lives in our hearts and in his good to speak for 5 minutes in morning busi- It didn’t matter whether you were a Republican or a Democrat or an Inde- works and in his life’s work, and I just ness. wanted today to join my colleagues in The ACTING PRESIDENT pro tem- pendent. It didn’t matter if you were a businessman or a janitor, young or old, saying: Ted, Godspeed, rest in peace, pore. Without objection, it is so or- and all Members of this Senate miss dered. White or Black, rich or poor, powerful or powerless. Ted Kennedy wanted to you dearly. REMEMBERING SENATOR EDWARD M. KENNEDY work with you to try to reach a com- Madam President, I yield the floor, Mr. DORGAN. Madam President, the promise and see what could be achieved and I suggest the absence of a quorum. other day when our colleagues were together. He just never, ever stopped; The ACTING PRESIDENT pro tem- talking about our departed colleague, never gave up. pore. The clerk will call the roll. Senator Ted Kennedy, I was not able to The great American essayist and au- The assistant legislative clerk pro- be on the Senate floor, and I did want thor, Ralph Waldo Emerson, once said: ceeded to call the roll. to say just a few words about my friend Mrs. FEINSTEIN. Madam President, The characteristic of heroism is in its per- Ted Kennedy. sistency. All men have wandering impulses, I ask unanimous consent that the order I had the pleasure of serving in this fits and starts of generosity. But when you for the quorum call be rescinded. Chamber with him for 16 years. He sat have chosen your part, abide by it, and do The ACTING PRESIDENT pro tem- back at that desk in the row behind not weakly try to reconcile yourself with the pore. Without objection, it is so or- me, and I had many opportunities to world. dered. spend time and swap stories and talk No one I know in this Chamber was Mrs. FEINSTEIN. Madam President, about public policy with him. I knew more persistent than Ted Kennedy. He I note that no colleagues are on the him before I came to the Senate. As a chose his part; he abided by it; he Senate floor. The floor is open for very young man, I worked on his broth- didn’t try to reconcile his principles to amendments, and I would like to urge er Robert Kennedy’s campaign for the the moment or to the world; and, he our colleagues on both sides of the Presidency, and I met Ted Kennedy fought and fought for what he believed aisle, if you have an amendment, then. And, I supported Ted Kennedy in in and what he thought was right. please bring it to the floor. his 1980 Presidential campaign and met Sometimes it was very controversial, I thank the Chair. I suggest the ab- him then. but he was persistent and fought long sence of a quorum. When I came to the Senate, from and hard until the end. The ACTING PRESIDENT pro tem- time to time I was invited to go to Even when he was sick and tired and pore. The clerk will call the roll. Hyannis Port to the Kennedy com- worn out he fought on because he loved The assistant legislative clerk pro- pound and visited there with Senator his country and he knew his colleagues ceeded to call the roll. Kennedy and his family and went sail- and others loved this country as much Mr. DORGAN. Madam President, I ing with him. To sail with Senator Ted as he did. He knew there was always ask unanimous consent that the order Kennedy was an extraordinary experi- that common ground, love of country, for the quorum call be rescinded. ence. He was a wonderful sailor. and he knew that people of good faith, The ACTING PRESIDENT pro tem- Many things have been said and writ- regardless of party and regardless of pore. Without objection, it is so or- ten about Ted Kennedy over the years, position, could achieve great things for dered. and especially in recent weeks since the country they all loved. Mr. DORGAN. Madam President, we his death. I don’t need to repeat his When he was done, he had cast more are on another spending bill, one of the many accomplishments here in the than 15,000 votes, more than 300 laws spending bills we must address during

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9520 CONGRESSIONAL RECORD — SENATE September 17, 2009 this Congress. I compliment Senator much of this spending is justified be- comment on the Economic Recovery FEINSTEIN and Senator ALEXANDER for cause I believe those requirements Act. A lot of good, important invest- their work on this very important bill. must change. ments are being made that create jobs I also want to comment on some- I agree that we should ensure that and create real assets for this country. thing that was in the news today, small port of entry have adequate secu- But I think all of us should be vigilant stemming from a comment I made yes- rity. I will support investment to up- and look at situations such as this and terday about some spending issues. I grade those facilities where it is really where change is necessary, to require will do it very briefly. necessary to do so. But I do not believe and make those changes. In this case, I This deals with the issue of the eco- it is appropriate, nor do I believe Sec- believe the right kind of change could nomic recovery or the stimulus pack- retary Napolitano nor my colleagues save a couple of hundred million dol- age. I voted for that. I didn’t vote for here in the Congress believe it will be lars, and I think that is important. the TARP funds, $700 billion for the fi- appropriate upon review, to spend $15 Even if that saving and less spending nancial bailout last fall. But I did vote million on average at ports of entry comes in my State, I believe that is for the economic recovery or the stim- where you have five vehicles an hour important. ulus program early this year because I coming through the port. That is way Years and years ago, a Federal court- believed it was necessary to give the out of balance. It makes no sense to house was to be built in my State. I be- economy a boost. me. lieved the amount of money that was Frankly, I think this economy is My comments were portrayed in proposed to build it was twice as much showing signs of beginning to recover, some press accounts as some sort of as was necessary, and here in Congress and that is going to be good for all criticism of the Congress for passing I cut the money in half. In the end, Americans. There are a lot of impor- stimulus legislation aimed at economic they built a perfectly good courthouse tant investments being made in this recovery. It is not a criticism of that. for slightly less than half of the funds A lot of that stimulus spending is nec- economic recovery program, invest- that had been originally proposed. I essary and is lifting the economy and ments in building and repairing roads think all of us have stewardship re- creating an asset and people in jobs or and bridges and many other invest- quirements to the taxpayer, and that is putting people back to work. I think ments in infrastructure around this why I wanted to amplify on what I that makes sense. But it also makes a country that at the end of the day will talked about yesterday. lot of sense for all of us to very care- both put people to work and result in I yield the floor and suggest the ab- fully scrutinize how this is done, where important assets for this country. sence of a quorum. Yesterday, I made a point about one it is done, whether it is a good invest- ment, and whether it is fair to the tax- The PRESIDING OFFICER (Mr. particular project that is being funded UDALL of New Mexico). The clerk will with stimulus funds, and I want to payers. I will say again, I appreciate the fact call the roll. make sure everyone understands the The assistant legislative clerk pro- point I made. Part of some stimulus that the Secretary is doing this review. I give her credit for doing that. My ceeded to call the roll. funds were dedicated to the northern Mr. LEAHY. Mr. President, I ask border ports of entry, smaller ports of hope is that at the end of the review, she will conclude, as I do, that we can- unanimous consent that the order for entry between the United States and not spend money that way. Those re- the quorum call be rescinded. Canada. The specifications for these quirements that were created in 2002 or The PRESIDING OFFICER. Without ports of entry were developed in 2002 2006 were excessive. You can have ade- objection, it is so ordered. and 2006, under the previous adminis- quate security at these small ports Mr. LEAHY. Mr. President, what is tration, by the Department of Home- that have five vehicles coming through the parliamentary situation? land Security. So when money began to per hour, without spending $15 million The PRESIDING OFFICER. The Sen- be allowed under the stimulus program to demolish and rebuild each of these ate is considering H.R. 2996, Interior to invest in the northern border ports facilities. It is simply too much money. Department appropriations. of entry, the specifications created by I understand that perhaps some peo- Mr. LEAHY. Am I correct that at the previous administration were going ple in my State will be a little upset if 12:30 we will go to the nomination of to drive how much was spent. they stood to gain from nine of those Judge Gerard Lynch to the U.S. Court As I looked into it, I realized that ports being upgraded. I am all for mak- of Appeals for the Second Circuit? these requirements were completely ing investments that are the right The PRESIDING OFFICER. The Sen- out of balance. The requirements would kinds of investments, to upgrade ports ator is correct. create a common footprint at small at the northern border. But I do not be- Mr. LEAHY. Mr. President, prior to ports of entry and require the expendi- lieve we ought to waste money, and I going to that, I ask unanimous consent ture of, on average, $15 million for a think that is what would happen with that I be able to speak as in morning small port of entry in circumstances the requirements that were created in business. where, on average, only five vehicles an 2002 and 2006. The PRESIDING OFFICER. Without hour were coming through the port of Let me make one final point. I can objection, it is so ordered. entry. I believed that was excessive. understand, perhaps, why someone TRIBUTE TO HAROLD HOWRIGAN That was not Secretary Napolitano’s might be tempted to create extraor- call. That was not something she did. dinary requirements. In 2002, we were Mr. LEAHY. Mr. President, I rise That comes from the requirements in the shadow of the terrorist attacks today to remember one of Vermont’s from that agency that were developed of 2001. I understand how that might greatest citizens, dairy farmer, and in 2002 and 2006. So I asked Secretary have made somebody create a set of re- American, my good friend, Harold Napolitano to take a look at that, and quirements that now seem to be way Howrigan. suspend the projects pending a review, out of whack. Harold passed away at the age of 85 and she immediately said, yesterday, The fact is that we need to have a se- at his home in Fairfield, VT, on Sep- let’s review that, let’s do a 30-day re- cure Northern border, but we also have tember 7, 2009. He was surrounded by view. to use common sense. If in 2002 and 2006 his loving family, long and extended First of all, I want to say thanks to there were design specifications drawn and wonderful family. the Secretary. I think that is exactly up that today would cost $15 million Harold was a family man. This large the right action. I didn’t know these per port of entry, at facilities that re- extended family included his wife of 56 were the set of requirements that were ceive only a few vehicles per day, I say years, Ann, and three sons and two going to drive that kind of funding. this needs to be carefully reviewed. daughters, 12 grandchildren. He had an But, frankly, waste is waste. Let’s now review those judgments and optimist’s outlook on life. He had a Of the 22 northern border ports of make sure that we are truly increasing knack for storytelling that cast a spell entry that are slated to be demolished border security, and that we are not over everyone in his presence. and rebuilt, 9 of them are in my State. wasting the taxpayers’ money. Many of his stories were about grow- Much of this money would be spent in I wanted to reiterate that my state- ing up in a family with nine other sib- my State. But I do not think that ments yesterday were not a general lings, reared by William and Margaret

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I find myself This is a nomination reported out of what else he had to say. comparing that other great Irish Amer- the Judiciary Committee over 3 Harold was a man who seemed to ac- ican and dear friend, Teddy Kennedy, months ago, on June 11 unanimously complish more each year than most of whose recent loss I also mourn. But I by voice vote. There were no dissents. us do in a lifetime. He built his Fair- also treasure the trip my wife Marcelle When that occurred and the ranking field, VT farm to over 1,000 acres, in- and I took with Harold to Ireland. Republican member said such glowing cluding the land that had been worked There he felt he was truly in the Prom- things about Judge Lynch, I assumed by his family since the mid 1800s. ised Land. We would walk about the his nomination was going to be con- It is now tended by the next genera- streets of Dublin or small towns near- firmed right away as we did with Presi- tion of Howrigans. I remember him as by. He was so proud of his family’s dent Bush’s nominations in similar sit- a dynamic man, as genuinely com- Irish heritage, he never stopped smil- uations. Now it is nearly 3 months fortable in his public duties as he was ing throughout his visit. later. In almost unprecedented fashion, in the dairy parlor or out splitting The day of his funeral, last week, someone who has had the strong sup- wood. In addition to running the farm Marcelle wore an Irish pin we pur- port of both the chairman and ranking and tending to the family he loved so chased with him in Ireland. I, of Republican of the committee is still on much, he accepted leadership roles in course, wore a green tie in his honor. I the Executive Calendar. dozens of civic and agricultural organi- watched his grandsons wearing some of Judge Lynch has served as a highly zations from local to national in scope. the Irish ties Harold had owned. I lis- respected Federal judge from New York He moderated the Fairfield town meet- tened to his son and daughter and for almost a decade. He has impeccable ing right up to this year. The town grandchildren talk about him, cap- legal credentials. His nomination re- meeting is a sacred institution in turing him in his stories and his na- ceived the highest possible rating from Vermont. A town wants to make sure ture. I think about the very last con- the ABA’s standing committee on the they have the very best and the fairest versation I had with him just weeks be- Federal judiciary, unanimously voted and the most knowledgeable to be their fore he died. In all these things, he ‘‘well qualified.’’ moderator. It also helps when you have never asked for anything for himself. The Senate can and must do a better somebody with an Irish sense of humor. He always asked me to watch out for job of restoring our tradition, a tradi- This is a position of distinction in any other people. He led by quiet example tion followed with Republican Presi- Vermont town. and hard work and kindness and love. dents and Democratic Presidents, of He was director of the St. Alban’s Co- I, along with the State of Vermont regularly considering qualified, non- operative Creamery for 25 years and and many across the United States and controversial nominees to fill vacan- president for another 20. He was ap- across the Atlantic, will miss Harold. cies on the Federal bench without pointed by three Governors, both par- He was a dear friend, truly a great needless and harmful delays. We should ties, to the Vermont Milk Commission. American. Similar to all Vermonters, I not have to overcome filibusters and He was also a local and national leader express my sympathy to his family and spend months seeking time agreements among maple sugar makers. He served I say: Goodbye, Harold, my dear friend. to consider these nominations. The on University of Vermont advisory I suggest the absence of a quorum. American public wonders what is going boards and on county commissions. All The PRESIDING OFFICER. The on here. the while he tended the fire in the clerk will call the roll. It is imperative that we move to fill Fairfield sugar house each year and he The legislative clerk proceeded to the growing number of vacancies got the cows milked each day and sang call the roll. throughout the Federal courts. These for 60 years on the choir at church. The Mr. LEAHY. I ask unanimous con- vacancies have already risen to over 90, church, of course, is named, as you sent that the order for the quorum call including 21 on the circuit courts. I would expect in a town full of Irish im- be rescinded. have been here with six Presidents. I migrants and descendants, St. Pat- The PRESIDING OFFICER. Without cannot remember a time we have been rick’s. objection, it is so ordered. this late in the year and, even though Nationally, he was a director of the nominations have been made, nobody f National Milk Producers Federation has been confirmed, all because of for 20 years and chairman of the Na- EXECUTIVE SESSION holds by the Republicans. Do they ob- tional Dairy Board. In addition to his ject so much to having President work on dairy, he was a local and na- Obama as President that they will hold tional leader for the maple industry, a NOMINATION OF GERARD E. up well-qualified judges? These are sup- prolific sugar maker. I know Marcelle LYNCH TO BE U.S. CIRCUIT posed to be nonpartisan, outside the and I and our children, when we were JUDGE FOR THE SECOND CIR- political area. having something at the farm that CUIT This alarming spike in vacancies is called for maple syrup—and in our fam- The PRESIDING OFFICER. Under only further fueled by delays and inac- ily, that is just about anything from the previous order, the Senate will pro- tion. In addition, 26 future vacancies English muffins to pancakes— ceed to executive session to consider have been announced. At this rate, as I everybody’s eyes would light up if we the following nomination, which the said at the judicial conference this knew it was Howrigan syrup. clerk will report. week with the Chief Justice and lead- Notwithstanding his prodigious serv- The legislative clerk read the nomi- ers of the Federal judiciary, the Fed- ice to his community, his profession nation of Gerard E. Lynch, of New eral judicial vacancies will soon be and his country, his greatest impact York, to be United States Circuit close to 120 unless we start acting on was probably felt through his personal Judge for the Second Circuit. these nominations in a responsible and relationships with his family and what The PRESIDING OFFICER. Under fair manner. These nominations should he considered, I think, all of Vermont, the previous order, there will be 2 not be something where Republicans or his extended family. As a friend, he was hours of debate, equally divided, be- Democrats might score political a trusted adviser on agricultural issues tween the Senator from Vermont and points. Our inaction on these nomina- over several decades. I know Senator the Senator from Alabama or their des- tions hurts the average American. Jeffords also valued his friendship and ignees. They do not care about the politics. advice and Governors consulted him The Senator from Vermont. They want Federal courts that are regularly. But as dad and grandpa to a Mr. LEAHY. Mr. President, today the going to work. They do not want cases large, active family, he cultivated two Senate finally considers the nomina- delayed because we have vacancies in

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9522 CONGRESSIONAL RECORD — SENATE September 17, 2009 the Federal court that we could easily I hope that Republican Senators do well over 130 Federal prosecutors. be filling. not seek to return to the practices of Judge Lynch has also served as a part- I do not think most Americans, when the 1990s that more than doubled cir- time associate counsel for the Office of they go into a court, say: I am here as cuit court vacancies. The crisis they Independent Counsel and as a counsel a Republican or a Democrat. They go created led to public criticism of their to a Wall Street New York law firm. in and say: I am here as a plaintiff or actions by Chief Justice Rehnquist dur- He also has impeccable legal creden- defendant. They are there to seek jus- ing those years. It is not a good sign tials. Judge Lynch graduated summa tice, not to find out there is nobody in that already this year Republican Sen- cum laude and first in his class from the courthouse because the minority ators threatened a filibuster of the both Columbia Law School and Colum- party does not want President Obama Deputy Attorney General and pursued bia University. He clerked for Justice filling vacancies. five filibusters, including one for Elena Brennan on the Supreme Court of the During the last Presidency, we Kagan, the Solicitor General, one for United States and Judge Feinberg on worked very hard to fill vacancies. Harold Koh to be the Legal Adviser to the Second Circuit Court of Appeals. When I chaired the Senate Judiciary the State Department, and another Judge Gerard Lynch began his legal ca- Committee and we had a President of that was finally broken just last week reer as a Federal prosecutor in the U.S. the other party, we were able to reduce on Cass Sunstein, who heads the White Attorney’s Office for the Southern Dis- overall vacancies by two-thirds, from House Office of Management and Budg- trict of New York, where he inves- over 100 down to 34. We were able to re- et’s Office of Information and Regu- tigated and prosecuted white collar and duce circuit court vacancies to single latory Affairs. Nor is it a good sign political corruption cases, and argued digits. Today, because we are blocked that in March every Republican Sen- complex criminal appeals. Through his from getting judges through, because ator signed a letter to the President exemplary hard work and considerable Republican Senators will not give this threatening filibusters of his judicial skill, he rose to be chief of the criminal Democratic President the same cour- nominees before they were even nomi- division in the Southern District of tesies we gave a Republican President, nated. New York, where he managed the of- those vacancies have nearly tripled. In We are supposed to be the conscience fice’s criminal cases and supervised the 17 months I served as Senate Judi- of the Nation in the Senate. If a Sen- well over 130 Federal prosecutors. ciary Committee chairman during ator does not like a particular nomi- Judge Lynch has also served as a part- President Bush’s first term, the Senate nee, vote against him or her. But these time associate counsel for the Office of confirmed 100 of the President’s judi- are nominees that will probably pass Independent Counsel and as a counsel cial nominations. So far this year, 9 unanimously. to a Wall Street New York law firm. He also has impeccable legal creden- months into the year, we have not con- I hope, instead, that both sides of the tials. Judge Lynch graduated summa firmed a single Federal district judge aisle will join together to treat the cum laude and first in his class from or circuit judge. In fact, Judge Lynch nominees of President Obama fairly. I both Columbia Law School and Colum- will be the first. made sure that we treated President bia University. He clerked for Justice Despite the fact that President Bush’s nominees more fairly than Brennan on the Supreme Court of the Obama sent his first judicial nomina- President Clinton’s nominees had been United States and Judge Feinberg on tion to the Senate 2 months earlier treated. We should continue that the Second Circuit Court of Appeals. than President Bush, despite the fact progress rather than ratcheting up the While maintaining a full judicial that judicial nominees have the sup- partisanship and holding down our pro- caseload, Judge Lynch has also been a port of Republican home State Sen- ductivity with respect to Senate con- distinguished legal scholar who has re- ators, despite the fact that the Judici- sideration of judicial nominations. Our ceived praise as one of the country’s ary Committee has reported favorably demonstrated ability to work together outstanding law professors. For over 13 five judicial nominees to the Senate for to fill judicial vacancies will go a long years, he taught criminal law, criminal final action, and despite the fact that way toward elevating public trust in procedure, and constitutional law as judicial nominees have been pending on our justice system. the Paul J. Kellner Professor of Law at the Senate calendar for more than 3 Another troubling sign is the refusal Columbia University’s School of Law. months, we have not been able to reach of every Republican Senator to cospon- For 5 years, Judge Lynch also served as agreement before today to vote on a sor the comprehensive judgeship bill. the vice dean of that fine legal institu- single judicial nominee for either a dis- Last week I reintroduced that legisla- tion. He is nationally known as a trict court or a circuit court. tion embodying your nonpartisan rec- criminal law expert and has received The first of President Obama’s nomi- ommendations for 63 judgeships needed numerous honors, including the dis- nations, that of Judge David Hamilton around the country. Not a single Re- tinction of being the first law professor to the Seventh Circuit, was made in publican Senator would cosponsor the to receive Columbia University’s Presi- March. It has been on the Executive bill. Even traditional cosponsors with dent’s award for outstanding teaching. Calendar since early June, despite the whom I have worked for years would Judge Lynch’s nomination has re- support of the most senior of Senate not join. Not one of the 18 Republican ceived numerous letters of support, in- Republicans, Senator LUGAR. The nom- Senators whose states would benefit cluding strong endorsements from pub- ination of Judge Andre Davis on the from additional judges yet supports the lic officials and law professors across Fourth Circuit was reported by the bill. For that matter, Republican Sen- the political spectrum. Otto G. committee on June 4 by a vote of 16 to ators obstructed the hearing on a simi- Obermaier, who served as President 3 but has yet to receive Senate consid- lar bill last summer, after they had re- George H.W. Bush’s U.S. attorney for eration. We should not further delay quested the hearing. As we pass legisla- the Southern District of New York, Senate consideration of these well-re- tion that is leading to increased work- supports Judge Lynch’s candidacy to spected, mainstream Federal judges. loads in the Federal courts, we need to the Second Circuit and called him a During the last Congress, we reduced be cognizant of the increasing work- person of ‘‘superior judgment and intel- Federal judicial vacancies from 10 per- loads and needs of the Federal courts. ligence’’ who is ‘‘intellectually gifted.’’ cent, under Republican control of the Judge Gerard Lynch began his legal Professor Henry P. Monaghan, the Har- Senate during the Clinton administra- career as a Federal prosecutor in the lan Fiske Stone Professor of Law at tion, to less than half that level. We U.S. Attorney’s Office for the Southern Columbia University, writes that cut circuit vacancies from 32 to less District of New York, where he inves- Judge Lynch ‘‘is everything you want than 10 last year. Ironically, during tigated and prosecuted white collar and in a judge: fair, tough-minded, enor- President Bush’s two Presidential political corruption cases, and argued mously experienced, highly intelligent, terms, more nominees were confirmed complex criminal appeals. Through his and apolitical’’ and his addition to the with a Democratic Senate majority exemplary hard work and considerable Second Circuit would ‘‘strengthen’’ than a Republican majority, and in less skill, he rose to be chief of the criminal that court. He has the support of the time. I am urging Republican Senators division in the Southern District of Senators from New York. to work together with the President to New York, where he managed the of- I congratulate Judge Lynch and his fill vacancies on the Federal bench. fice’s criminal cases and supervised family on his confirmation today.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9523 Mr. President, I suggest the absence tice before him have found him to be first quote was from our nominee, of a quorum. both probing and courteous—in sum, Judge Lynch. I withdraw that request. I see the dis- very judicial in his temperament. So the entirety of Judge Lynch’s co- tinguished senior Senator from New In response to questions before the pious opinions and rulings bears out York in the Chamber, a man who Senate Judiciary Committee in 2000, the conclusion that he does not intend works so extremely hard in the Senate Judge Lynch said: to legislate from the bench. He has Judiciary Committee, who has worked A judge who comes to the bench with an been the definition of law enforcing night and day for Judge Lynch, who agenda, or a set of social problems he or she and justice seeking. He has ruled for would like to solve, is in the wrong business. has made sure we all realize what im- the State against prisoners, but he has peccable credentials he has. As his record has shown, Judge also ruled that the State must protect I yield to the Senator, but I ask, Lynch is in the right business. the due process rights of those it seeks I have said many times that my cri- first, unanimous consent that if there to detain. He has sentenced defendants teria for selecting good judges are are quorum calls, the time be divided convicted of horrible crimes to life three: excellence—they should be top of equally. without parole, and he has also ex- the line legally; moderation—judges The PRESIDING OFFICER. Without pressed concern when he thinks a sen- should not be too far right or too far objection, it is so ordered. tence might be too long—while impos- The Senator from New York is recog- left; and diversity. As is somewhat known, despite the ing the sentence in complete accord- nized. ance with the law. He has issued com- Mr. SCHUMER. Mr. President, first, I fact that President Bush and I clashed on Supreme Court nominees and some plex and scholarly opinions in securi- thank our chairman and leader, Sen- ties and antitrust cases. Judge Lynch ator LEAHY, for not just moving this of these circuit court nominees, within New York and within the Second Cir- imposed the sentence that was required very qualified nominee forward but for by law. his diligence and steadfastness and pa- cuit we had a very amiable arrange- In sum, Judge Lynch is excellent, tience as we try to move judges to the ment where he would nominate two and he represents moderation. floor. Senator LEAHY, as everyone in and then we would get—Senator Clin- this Chamber knows, is a very fair- ton and I would get to nominate one. Now let me say a word about diver- minded person. He always goes out of We each had veto power on the other. sity. Judge Lynch obviously is not a his way to allow people to have their I am proud to say that Judge Lynch nominee who fits this bill. But I want time to speak. We had this in the Judi- was one of my first choices to put on to note another kind of diversity that ciary Committee this morning. He has the district court bench. It was because I believe deserves mention. Before he done an amazing job trying to move of the recommendations of his peers, went on the bench, Judge Lynch sought our judges through. I hope those on the the lawyers with whom he practiced, out opportunities to be more than a other side of the aisle will hear his and just how good the general legal smart professor living in an ivory heartfelt plea that we stop all these community thought he was. tower. He spent 5 years in the U.S. At- That stands true today. He still, dilatory tactics. torney’s Office in the Southern District more than ever before, meets the quali- Having said that, today is a very of New York as Chief of the appellate fications of excellence, moderation, good day because I am so pleased to section and Chief of the Criminal Divi- and diversity. sion. He worked as counsel to a promi- rise in favor of the nomination of the There is no question of his excel- first appointment by President Obama nent law firm. He took numerous pro lence. He was first in both his classes bono cases. In short, he lived the life of to a Federal appellate court that this at Columbia, undergraduate and law body will consider. If Judge Gerard a real lawyer while teaching and writ- school—first, not even second or third. ing. Driven by his own conscience, he Lynch is any indication of the quality Pretty good. His opinions are schol- and temperament and intellectual fire- even registered for the draft during the arly, and one that was overturned by Vietnam war rather than seek a college power of judges whom President Obama the Second Circuit was lauded by the intends to nominate, then my friends deferment. Very few do that. This is panel as ‘‘a valiant effort by a con- someone who has sought out a diver- on both sides of the aisle should have scientious district judge.’’ reason to rejoice today. sity of experiences which he now brings There is also no question that Judge to the table as a judge. As Chairman LEAHY has already Lynch is, in fact, a moderate. His im- noted, Judge Lynch was referred out of pressively low reversal rate should give I look forward to this new chapter in committee by a unanimous voice vote. the lie to any argument that he is out- Judge Lynch’s service to our country. I Even my friend and colleague Ranking side the legal mainstream. hope he will get a unanimous vote, or Member SESSIONS was able to support Now, the rap on Judge Lynch in 2000 close to it, from the Members of this Judge Lynch despite having opposed among those 36 who voted against him Chamber. his nomination to the district court was that he would be an ‘‘activist.’’ Mr. President, I yield the floor. bench in 2000. This view rose from out-of-context out- The PRESIDING OFFICER (Mr. Judge Lynch, who currently sits as a takes from two law review articles he BURRIS). The Senator from Pennsyl- U.S. district judge in the Southern Dis- had written. I repeat now what I said vania. trict of New York, comes to us today then: In both of these articles, then- Mr. CASEY. Mr. President, I ask for confirmation much as he did in 2000 Professor Lynch expressed the mod- unanimous consent that I be permitted for his first confirmation: with an un- erate view that the Constitution can- to speak as in morning business. impeachable record of moderation, con- not as a practical matter remain frozen The PRESIDING OFFICER. Without sistency, intelligence, and dedication in the 18th century—the Constitution objection, it is so ordered. to exploring all facets of complex legal should not be expanded but it must be HEALTH CARE REFORM questions. But since then, he has interpreted. amassed an impressive record of mod- To illustrate my point about why Mr. CASEY. Mr. President, as you eration and thoroughness. In his 9 Judge Lynch should be accepted as a can tell from the chart on my left, I years on the bench, he has issued near- paragon of moderation, I want to read rise today to speak about the issue ly 800 opinions, has tried nearly 90 two quotes. that is probably the No. 1 challenge we cases to verdict, and has been over- First: face in the Congress today, which is de- turned by the Second Circuit only 12 Text is the definitive expression of what bating and devising solutions for the times—and one of those times, the Sec- was legislated. improvement of our health care system ond Circuit was, in turn, reversed by Second: in so many ways. I rise today to talk the U.S. Supreme Court. A text should not be construed strictly, about some aspects of that and espe- There should not be any doubt that and it should not be construed leniently; it cially not only where we are headed in Judge Lynch is not an ideologue. His should be construed reasonably, to contain terms of focusing on both those with opinions and his writings show modera- all that it fairly means. insurance and those without insurance tion and thoughtfulness. He is prag- The second quote was written by As- but also to focus on some of the goals matic. His peers and those who prac- sociate Justice Antonin Scalia. The here.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9524 CONGRESSIONAL RECORD — SENATE September 17, 2009 From the beginning, both President rise by more than 83 percent. Why how they make up their policy, that if Obama and Members of Congress have should we allow that to happen when you happen to be a woman, a policy focused on a couple of priorities—first we know we can do something about it would discriminate against you. of all, to reduce costs. We cannot go this year? So that is one way to look at Unfortunately, Pennsylvania is a forward with any health care bill that this in terms of the cost of doing noth- State that has permitted this discrimi- does not do that, and I think we will do ing. nation, along with all of these other that. Also, often people with insurance will States. So we ought to have a national We have to reduce costs, but we also say: Well, I have some problems with standard. Very simply: No more dis- have to ensure choices. We have to con- my insurance. I worry about a pre- criminating insurance policies against tinue to give the American people the existing condition, I worry about exor- women. It is that simple, folks. kind of choice they should have a right bitant out-of-pocket costs, and I am What I voted for this summer in the to expect and give them a sense of a glad you are working on that and I will bill we passed was this, along with peace of mind in terms of what that support that part of the bill. But they other provisions. So that is something choice will mean. We ought to make say: Look, if I have coverage, I am wor- we shouldn’t just talk about for an- sure this bill, for example, leads to the ried about giving millions of more other year or 2 or 5 or 10; let’s do some- following conclusion: You get the Americans coverage without some ad- thing about this now. Let’s make this treatment you need from the doctor verse effect to those who have cov- practice illegal this year, and we can you choose. I think we can do that in erage. do it with the legislation. the Congress. Well, let’s look at this chart for a lit- The next one is an enlarged version Thirdly, I think we have to make tle bit of a discussion about this topic: of some language. I mentioned pre- sure, as we are controlling costs and families paying 8 percent surcharge on existing conditions in my remarks ensuring choice, that we ensure quality premiums. If we look at this chart, today, and we are going to keep men- and that we put both quality and pre- what this red or red-orange part of the tioning this because this is a reality vention in the final bill. They are in chart shows is a $1,100 hidden tax to for millions of Americans in the indi- the bill I voted for already this sum- cover the cost of uncompensated care vidual market, the people who have to mer. for the uninsured. So the idea that go it alone. They are not part of the The Health, Education, Labor, and those with insurance right now are not big pool of people getting insurance. Pensions Committee, as people know, paying for those without insurance is They have to go it alone to get insur- debated all summer, with hours and ridiculous. Fortunately, in Pennsyl- ance. They are the ones who are often hours and hours of debate, accepting vania, that number is a little lower, most adversely affected by preexisting Republican and Democratic amend- but it is still 900 bucks. So the idea conditions. Why should we tolerate ments, sometimes not agreeing, but we that somehow if we change the system, that? voted out a bill that did a lot of what improve the existing system, build The other point about this chart is, I I just talked about. It focused on mak- upon what works but improve the sys- purposefully put legislative language ing sure we are covering more Ameri- tem, that somehow that is going to ad- on it because a lot of people here want cans. It protected Americans who have versely impact in a cost sense those to say: Well, this legislation and lan- coverage. with insurance—the Center for Amer- guage gets complicated. Admittedly, So many people, as the Presiding Of- ican Progress did this research—this some of it does, but this is pretty easy. ficer knows—whether it is in the State chart and others show if you have in- This is in the bill we passed this sum- of Illinois or the State of Pennsylvania surance today, you are paying for those mer. I will just read this one sentence. or any State in the country—even without insurance. Right now you are Anyone can understand this. This isn’t those with insurance, are not secure, paying for them. We know that right some complicated legislative language: even those with insurance feel a sense now. A group health plan and a health insurance of instability, a lack of control over So, if anything, broadening the num- issuer offering group or individual health in- their own destiny, sometimes because ber of Americans who have coverage surance coverage may— an insurance company says: We are will actually reduce costs. It will be We know what they are; we know ex- going to deny you coverage because of one of the contributors, I should say, of actly what we are talking about here— a preexisting condition. Why have we reducing costs—not the only way but not impose any preexisting condition exclu- permitted that? Why have we tolerated one of the ways we do that. sion— that year after year? Instead of just Let me go to the next chart which is That is in our bill— talking about preventing them from a depiction in very simple colors, red doing that, why haven’t we literally and green, about what the existing sys- with respect to such plan or coverage. made it illegal for an insurance com- tem does adversely as it relates to Let’s do it this year. Let’s make it il- pany to do that? We are going to make women. There are a lot of things that legal for insurance companies to do sure this year we do not just talk about insurance companies do today that we this to an individual or to a family or it but we legislate about it and make don’t like and we have complained to those who happen to be employees of that part of our law. about, but now we can do something a small business. So we will go through some of those about it. One is a preexisting condition So some of this debate gets lost in issues, but the first thing I want to problem and another one is the out-of- detail, but this is very simple language highlight is where we are headed if we pocket costs and another one is how taken right out of the bill. do not do anything. often insurance policies definitively Let’s go to the next one and our final There are some people in Washington discriminate against some Americans. chart before I conclude. I am going to who, to be candid or blunt about it, This map shows in the orange or red spend more time on this issue, but I want to scratch their heads for a cou- section: gender rating allowed. In other just wanted to spend a couple of min- ple more years or maybe 10 more years. words, insurance practices that lead to utes on this issue. Here, as shown on this chart, is policies in States that result in dis- What happens at the end of this road where we are headed by one esti- crimination against women. So you with regard to health care as it per- mation. The New America Foundation want this chart to show all in the green tains to children, especially children is the source for this information. But States where gender rating is banned. who happen to be poor or children with here we are in 2008. When you talk What we would like to do with our special needs? What will happen? At about the cost of an annual premium, legislation, one of the goals—and it is the end of the road, when we pass a bill OK, it is roughly—and actually we in our bill and in the bill we passed this and send it to the President and he found out the other day that number is summer, the Affordable Health Choices signs it—and that is what I hope will a little higher—we can say it is a little Act—is to make sure the whole coun- happen, of course—will poor children more than $13,000 for family coverage. try is green on this issue, green in the and children with special needs be bet- If you look between 2008 and 2016—just sense that we have banned gender rat- ter off or worse off? That is still a ques- 8 years in that estimation, and we are ing; that an insurance company can’t tion. That is still an open question we already into 2009—that premium will say, when they are trying to determine are debating right now.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9525 Children are different than those of The administration’s decision to was not informed. I didn’t know what us who happen to be adults. They are abandon these sites comes at a time ‘‘new technology’’ was being rec- not smaller versions of adults; they are when the United States is in the midst ommended to be put in the place of the different. Their treatment needs are of negotiations with Russia on reduc- agreement. As short a time ago as Au- different. We have to give them dif- ing strategic nuclear weapons. Russia gust 20, the United States said: ferent kinds of preventive care. In Med- has long opposed the planned missile The United States is committed to the se- icaid, for example, we give what they defense sites in Europe and has on nu- curity of Poland and of any U.S. facilities lo- call early periodic screening and diag- merous occasions tried to link reduc- cated on the territory of the Republic of Po- nostic testing, known by the acronym land. . . . The United States and Poland in- tions in offensive strategic nuclear tend to expand air and missile defense co- EPSDT. We focus on the special needs arms with defensive capabilities such operation—et cetera. of children and give them early diag- as missile defense. In fact, President We all know the Iranian ballistic nosis, early treatment. That is what I Putin, on many occasions, has stated missile threat is real and growing. We am talking about in general. So they in very belligerent tones his opposition all know the administration is seeking aren’t small adults. It seems like a to this agreement that was already the cooperation and help of the Rus- simple concept, but we have to say it made between the United States and sians. Now we will see. Now we will see. more than we do. It is clear they have Poland and the Czech Republic. Why was this agreement rushed different needs, particularly the ones The United States should reject the into—or the abrogation of an agree- who are the most disadvantaged. The Russian attempt to further this argu- ment? Why the abrogation of this poor are the ones who could potentially ment and capitalize on these ongoing agreement between the United States be a lot sicker with the threat of sick- negotiations. with Poland and the United States ness and disease. We make sure they As rogue nations, including North with the Czech Republic rescinded in get the highest quality care through- Korea and Iran, push the nuclear enve- such a dramatic and rushed fashion? out their childhood. That is a resolu- lope and work tirelessly to develop We all know the Iranian ballistic mis- tion I introduced as a statement of pol- weapons capable of reaching America sile threat is real and growing. How icy. and its allies, we must aggressively de- many times have the ‘‘intelligence es- So we are going to continue to debate velop the systems necessary to counter timates’’ been wrong dating back to not just a question of bringing down such belligerent efforts and enhance and including the Cold War? As many costs—that is central to what we are our national security, protect our times as they have been right, I tell my trying to do—not just a question of troops abroad, and support our allies. colleagues—whether it be their assess- quality, and not only the question of Enhancing missile defense capabilities ment about the war in Iraq or whether enhancing choice and giving people in Europe is an essential component to it be the capabilities of many of our ad- some stability over their own lives addressing threats we currently face versaries, including the Korean build- with insurance and those who don’t and expect to face in the future. As up, which we have been consistently have insurance, giving them some af- Iran works to develop ballistic missile wrong on. fordable choices—that is all important, capabilities of all ranges, the United The last administration reached out and we are going to spend a lot more States must reaffirm its commitments to the governments of Poland and the time on those questions, but another to its allies and develop and deploy ef- Czech Republic and asked that they question we have to address is, what fective missile defense systems. make what many at the time perceived happens at the end of the road for poor I wish to point out two important as an unpopular agreement. Despite children or children with special needs? factors. The United States of America threats from Russia, both governments The rule ought to be very simple: No does not believe missile defense sys- recognized the importance such a de- child in those categories, no child tems are in any way a threat to any fense capability would provide to their worse off. Four words: No child worse nation. They are defensive in nature, citizens and to Europe as a whole and off at the end of this. and I believe they were a key compo- agreed to allow the United States to So we will have a lot more time to place ground-based interceptors in Po- continue to debate the legislation and nent and factor in ending the Cold War. Intelligence assessments apparently land and a midcourse radar site in the a lot of these important issues. I think have changed rather dramatically Czech Republic. What are these coun- the American people want us to act. since January 16. According to Eric tries going to do the next time we want They don’t want us to just debate and Edelman, the Under Secretary of De- to make an agreement with them, in not get something done. fense for Policy under Secretary Gates view of the way this decision was made With that, I yield the floor. and announced or, shall I say, made The PRESIDING OFFICER. The Sen- during the Bush administration, intel- known to the media before they were ator from Arizona. ligence reports on the Iranian threat as even told about it. It will be very inter- Mr. MCCAIN. Mr. President, I ask recently as January of this year were unanimous consent to speak as in more troubling than what is being por- esting to see what we get in return. According to a Christian Science morning business. trayed by the current administration. Monitor’s global news blog: The PRESIDING OFFICER. Without Mr. Edelman maintains that: ‘‘We see this as a pragmatic decision,’’ says objection, it is so ordered. Maybe something really dramatic changed Pavel Zolotaryov, deputy director of the offi- between January 16 and now in terms of MISSILE DEFENSE cial institute of USA-Canada Studies, sug- what the Iranians are doing with their mis- Mr. MCCAIN. Mr. President, I rise gesting that internal U.S. factors mainly ac- sile systems, but I don’t think so. today to express my deep disappoint- count for Mr. Obama’s choice. ‘‘Obama’s ment with the administration’s deci- You know what. I don’t think so ei- sober approach is understandable, given the sion to cancel plans for fully devel- ther. I think the fact is that this deci- [economic] crisis, because this project would oping missile defenses in Eastern Eu- sion was obviously rushed. The Polish have given nothing but trouble.’’ Prime Minister, according to news re- If it sounds like Moscow has already dis- rope. This decision calls into question counted this sweeping strategic concession security and diplomatic commitments ports, was called at midnight. The from Washington, experts suggest that’s be- the United States has made to Poland agreement was made and ratified by cause Russia’s foreign policy establishment and the Czech Republic. I believe it has these countries after consultation, dis- had been expecting such a decision, at least the potential to undermine American cussion, and a proper process. They since Obama hinted that he might give up leadership in Eastern Europe. were not even notified of this decision. the missile defense scheme during his sum- Given the strong and enduring rela- The decision to abandon the missile de- mit with Russian President Dmitry tionships we have forged with the re- fense sites in Poland and the Czech Re- Medvedev in Moscow last July. ‘‘We’ve been getting signals since last gion’s Nations since the end of the Cold public came as a surprise to them. Spring that made it seem almost certain War, we should not take steps back- I understand that administration of- that the missile defense plan would be set ward in strengthening these ties. Yet I ficials were on a plane supposedly to aside,’’ said Fyodor Lukyanov, editor of Rus- fear the administration’s decision will arrive in Poland today. I might add sia in Global Affairs, a leading Moscow for- do just that, and at a time when East- that Members of Congress were also eign policy journal. ern European nations are increasingly not briefed on this decision prior to The Russians seem to have antici- wary of renewed Russian aggression. reading about it in the newspaper. I pated this decision. Unfortunately, the

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9526 CONGRESSIONAL RECORD — SENATE September 17, 2009 Polish Government and the Czech Gov- tions on Iran if Tehran doesn’t abandon its forces in Europe, said Washington has begun ernment did not. Members of Congress nuclear program. Russia, a permanent mem- talks with Polish officials about starting to were certainly not informed of this de- ber of the U.N. Security Council, has opposed rotate Europe-based American Patriot units cision until after reading about it in efforts to impose fresh sanctions on Tehran. into Poland for month-long training tours as Security Council members, which include a first step toward a more permanent pres- the media. That is not the way to do the U.S. and Russia, will meet with Iranian ence. business. I think it sends the wrong negotiators on Oct. 1 to discuss Iran’s nu- ‘‘My position has been: Let’s get started as signal to the Russians and to our clear program. soon as we can with the training rotations, friends and allies. Current and former U.S. officials briefed on while the longer-term stationing . . . is de- There are consequences with every the assessment’s findings said the adminis- cided between the two governments,’’ Gen. decision. I believe the consequences of tration was expected to leave open the op- Hamm said in an interview. this decision may—albeit unintention- tion of restarting the Polish and Czech sys- For several years, the Pentagon’s Missile tem if Iran makes advances in its long-range ally—encourage further belligerence on Defense Agency has been pushing for break- missiles in the future. ing ground in Poland and the Czech Repub- the part of Russians and a distinct lack But the decision to shelve the defense sys- lic, arguing that construction must begin so and loss of confidence on the part of tem is all but certain to raise alarms in the system would be in place to counter our friends and allies in the word of the Eastern Europe, where officials have ex- Tehran’s emerging long-range-missile pro- United States and the commitments of pressed concerns that the White House’s ef- gram, which intelligence assessments deter- the United States of America. fort to ‘‘reset’’ relations with Moscow would mined would produce an effective rocket by I ask unanimous consent that arti- come at the expense of U.S. allies in the about 2015. cles in the Wall Street Journal and the former Soviet bloc. ‘‘The Poles are nervous,’’ But in recent months, several prominent said a senior U.S. military official. Christian Science Monitor be printed experts have questioned that timetable. A A Polish official said his government study by Russian and U.S. scientists pub- in the RECORD. wouldn’t ‘‘speculate’’ on administration de- lished in May by the East-West Institute, an There being no objection, the mate- cisions regarding missile defense, but said international think tank, downplayed the rial was ordered to be printed in the ‘‘we expect the U.S. will abide by its com- progress of Iran’s long-range-missile pro- RECORD, as follows: mitments’’ to cooperate with Poland mili- gram. In addition, Gen. James Cartwright, [From the Wall Street Journal, Sept. 17, tarily in areas beyond the missile-defense the vice chairman of the Joint Chiefs of Staff 2009] program. and an expert in missile defense and space- Last week, Russian Foreign Minister U.S. TO SHELVE NUCLEAR-MISSILE SHIELD— based weapons, said in a speech last month Sergei Lavrov said he expected the Obama DEFENSE PLANS FOR POLAND, CZECH REPUB- that long-range capabilities of both Iran and administration to drop the missile-defense LIC TO BE DROPPED AS IRAN ROCKET North Korea ‘‘are not there yet.’’ plans. He said that Moscow wouldn’t view ‘‘We believed that the emergence of the THREAT DOWNGRADED; MOSCOW LIKELY TO the move as a concession but rather a rever- intercontinental ballistic missile would WELCOME MOVE sal of a mistaken Bush-era policy. come much faster than it did,’’ Gen. Cart- (By Peter Spiegel) Still, the decision is likely to be seen in wright said. ‘‘The reality is, it has not come WASHINGTON.—The White House will shelve Russia as a victory for the Kremlin. Russian as fast as we thought it would come.’’ Bush administration plans to build a missile- President Dmitry Medvedev will meet with It is not an assessment that is shared uni- defense system in Poland and the Czech Re- Mr. Obama at next week’s meetings of the versally. Eric Edelman, who oversaw missile- public, according to people familiar with the U.N. General Assembly and Group of 20 in- defense issues at the Pentagon as undersec- matter, a move likely to cheer Moscow and dustrialized and developing nations. retary of defense for policy in the Bush ad- roil the security debate in Europe. Although a center-right government in ministration, said intelligence reports he re- The U.S. will base its decision on a deter- Prague supported the Bush missile-defense viewed were more troubling. mination that Iran’s long-range missile pro- plan when it was first proposed, the Czech ‘‘Maybe something really dramatic gram has not progressed as rapidly as pre- Republic is now run by a caretaker govern- changed between Jan. 16 and now in terms of viously estimated, reducing the threat to the ment. A Czech official said his government what the Iranians are doing with their mis- continental U.S. and major European cap- was concerned an announcement by the sile system, but I don’t think so,’’ Mr. itals, according to current and former U.S. White House on the missile-defense program Edelman said, referring to his last day in of- officials. could influence upcoming elections and has fice. The findings, expected to be completed as urged a delay. But the Obama administra- There is far more consensus on Iran’s abil- early as next week following a 60-day review tion has decided to keep to its original time- ity to develop its short- and medium-range ordered by President Barack Obama, would table. missiles, and the administration review is be a major reversal from the Bush adminis- European analysts said the administration expected to recommend a shift in focus to- tration, which pushed aggressively to begin would be forced to work hard to convince ward European defenses against those construction of the Eastern European sys- both sides the decision wasn’t made to curry threats. Such a program would be developed tem before leaving office in January. favor with Moscow and, instead, relied only closely with NATO. The Bush administration proposed the Eu- on the program’s technical merits and anal- ropean-based system to counter the per- ysis of Iran’s missile capabilities. [From the Christian Science Monitor, Sept. ceived threat of Iran developing a nuclear ‘‘There are two audiences: the Russians 17, 2009] weapon that could be placed atop its increas- and the various European countries,’’ said RUSSIA’S RESPONSE TO U.S. MISSILE DEFENSE ingly sophisticated missiles. There is wide- Sarah Mendelson, a Russia expert at the SHIELD SHIFT spread disagreement over the progress of Center for Strategic and International Stud- (By Fred Weir) Iran’s nuclear program toward developing ies. ‘‘The task is: How do they cut through such a weapon, but miniaturizing nuclear the conspiracy theories in Moscow?’’ MOSCOW HAS LONG OPPOSED A MISSILE SHIELD weapons for use on long-range missiles is one The Obama administration has been care- IN POLAND AND THE CZECH REPUBLIC. BUT of the most difficult technological hurdles ful to characterize its review as a technical THE U.S. SHOULDN’T EXPECT TOO MUCH IN RE- for an aspiring nuclear nation. assessment of the threat posed by the Ira- TURN The Bush plan infuriated the Kremlin, nian regime, as well as the costs and capa- MOSCOW.—President Barack Obama’s deci- which argued the system was a potential bilities of a ground-based antimissile system sion to shelve plans for a missile defense threat to its own intercontinental ballistic to complement the two already operating in shield in Eastern Europe could be seen as a missiles. U.S. officials repeatedly insisted Alaska and central California. Those West major concession to Moscow. But given years the location and limited scale of the sys- Coast sites are meant to defend against of vehement opposition to the controversial tem—a radar site in the Czech Republic and North Korean missiles. plan, Russian reaction to the move appears 10 interceptor missiles in Poland—posed no The administration has also debated offer- surprisingly lukewarm. threat to Russian strategic arms. ing Poland and the Czech Republic alter- So what does it mean for U.S.-Russia rela- The Obama administration’s assessment native programs to reassure the two NATO tions? concludes that U.S. allies in Europe, includ- members that the U.S. remains committed There are indications that Russia might ing members of the North Atlantic Treaty to their defense. support tougher sanctions on Iran, and fresh Organization, face a more immediate threat Poland, in particular, has lobbied the START talks, as well as more cooperation from Iran’s short- and medium-range mis- White House to deploy Patriot missile bat- with the war in Afghanistan. The Kremlin siles and will order a shift towards the devel- teries—the U.S. Army’s primary battlefield also expects the U.S. to back off on expand- opment of regional missile defenses for the missile-defense system—manned by Amer- ing NATO, say Russian analysts. Continent, according to people familiar with ican troops as an alternative. ‘‘We see this as a pragmatic decision,’’ says the matter. Such systems would be far less Although Polish officials supported the Pavel Zolotaryov, deputy director of the offi- controversial. Bush plan, U.S. officials said they had indi- cial Institute of USA-Canada Studies, sug- Critics of the shift are bound to view it as cated their primary desire was getting U.S. gesting that internal U.S. factors mainly ac- a gesture to win Russian cooperation with military personnel on Polish soil. Gen. count for Mr. Obama’s choice. ‘‘Obama’s U.S.-led efforts to seek new economic sanc- Carter Hamm, commander of U.S. Army sober approach is understandable, given the

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I have from Washington, experts suggest that’s be- era of strategic accord dawning between cause Russia’s foreign policy establishment teamed up with some of my friends in Moscow and Washington? the Senate, from both parties, to co- had been expecting such a decision, at least ‘‘Nothing has been canceled, missile de- since Obama hinted that he might give up sponsor the TARP Transparency Act. fense has just been postponed,’’ says Our bill will better track the money the missile defense scheme during his sum- Lukyanov. ‘‘For awhile this topic is off the mit with Russian President Dmitry agenda, but later it will return. So, for now being used to get the financial industry Medvedev in Moscow last July. the political situation may improve, but the back on its feet because it is taxpayer ‘‘We’ve been getting signals since last underlying pattern of relations is unlikely to money and because taxpayers deserve Spring that made it seem almost certain change in any basic way.’’ no less. that the missile defense plan would be set And Russian hawks might see the dropping Over the course of the past year, the aside,’’ says Fyodor Lukyanov, editor of of the missile shield as weakness in Wash- Russia in Global Affairs, a leading Moscow Senate Banking Committee has held ington and press the Kremlin for even less foreign policy journal. countless hearings on regulatory mod- compromise on key U.S.-Russia issues. NEW ARMS DEAL NOW WITHIN REACH, BUT ernization. The administration has put ‘‘I think the reaction of Russia’s leadership forth a good-faith effort in working CONCESSIONS ON IRAN? will be positive on the whole,’’ says Mr. Mr. Lukyanov says the only predictable re- Sharavin. ‘‘But Russian hawks are very like- with Congress in the massive legisla- sult of key importance is that negotiations ly to find faults, and use this to build up tive overhaul. Government has worked for a new strategic arms reduction treaty to their own positions.’’ with the financial industry and con- replace the soon-to-expire 1991 START ac- Who’s the new right-wing prophet advising sumers to outline the goals of sweeping cord are now likely to meet the December the Kremlin? new financial regulatory reform. deadline for a fresh deal. Mr. MCCAIN. Mr. President, I yield I don’t believe comprehensive finan- ‘‘Now we can be sure the new START the floor. cial reform will guarantee we are safe agreement will be completed on time, be- from financial crises, but, if done right, cause the vexing issue of missile defense and The PRESIDING OFFICER. The Sen- how it affects the strategic balance has been ator from Montana is recognized. it can provide folks with adequate pro- removed for the time being,’’ he says. Mr. TESTER. Mr. President, I ask tection, it can bring confidence back ‘‘That’s quite an important matter.’’ unanimous consent that I be permitted into the marketplace, and it can mini- But while Russian experts say the move to speak as in morning business for up mize the risk of a financial meltdown can only contribute to a warmer dialogue be- to 10 minutes and that the time be similar to the one we barely weathered tween Moscow and Washington, they say no charged against Senator LEAHY’s time. last fall. one should expect any reciprocal concessions Unfortunately, there are those who from the Kremlin on issues of key concern to The PRESIDING OFFICER. Without objection, it is so ordered. don’t believe comprehensive reform the U.S., such as Iran. should be on the front burner. They are FINANCIAL REGULATORY REFORM WHY RUSSIA HAS OPPOSED MISSILE DEFENSE now lobbying to protect their own self- Mr. TESTER. Mr. President, I rise to Washington has consistently argued since interests, their own profits, and the say a few words about an issue that has news of the proposed missile defense shield status quo over consumer protection. emerged in 2006 that it was intended to pro- been front and center in my office for That is why we need to use this 1- tect Europe and the U.S. from a rogue mis- the past 12 months—reforming regula- sile attack from Iran or North Korea and not year anniversary as a reminder to act tion of our financial markets. now to protect consumers and inves- to undermine Russia’s strategic deterrent. I am a family farmer. In my neck of Moscow has retorted that those threats are tors, to close the loopholes in our regu- merely theoretical, but Russia’s dependence the woods, farmers usually don’t sit latory framework, and to ensure that upon its aging Soviet-era nuclear missile around and talk about economic policy no company is too big to fail. force for its national security would be deep- and Wall Street financial institutions. We must regulate derivatives; super- ly affected if the American scheme were to But I do guarantee you that where I vise financial companies that have go forward. come from, everybody talks about been outside the scope of regulation, ‘‘Iran isn’t going to have any long-range common sense and why so much com- missiles in the near future anyway,’’ says Al- thereby creating a level playing field; mon sense seemed to be missing when ensure that there is strong supervision exander Sharavin, director of the inde- America’s financial industry almost pendent Institute of Military and Political of all financial firms—not just deposi- Analysis in Moscow. collapsed a year ago. tory institutions; build on the bipar- ‘‘The U.S. evidently doesn’t want to quar- Everyone in my State felt the impact tisan success of the credit card legisla- rel with Russia, now that Moscow is collabo- of what happened when Lehman Broth- tion and pass mortgage reform to pro- rating in such areas of importance to the ers caved in, when Fannie and Freddie tect consumers; combine the numerous U.S. as Afghanistan,’’ where Moscow has en- hit a dead end, when AIG went belly banking regulators into a more simple, abled a resupply corridor through former So- up, and when we saw daily headlines streamlined, commonsense structure viet territory to embattled NATO forces, and about bank mergers and bailouts. offered other forms of cooperation, he says. that is capable of supervising 21st cen- We all paid a price because of a few tury financial institutions; create an RUSSIANS EXPECT ANOTHER U.S. CONCESSION— greedy actors on Wall Street and no ON NATO EXPANSION entity that will protect taxpayers from refs on the playing field. That price future financial corporate failures and Mr. Lukyanov says ‘‘it’s possible’’ Russia was $700 billion of taxpayer money. I may be more pliable on the issue of tough minimize the need for further govern- sanctions against Iran, a measure it has opposed that bailout because it re- ment action; increase capital standards strongly resisted in the past. He says that in warded the wrong people, and I was to prohibit institutions from growing a recent meeting with foreign policy experts, concerned about its ability to create a too big to fail; and we must ensure that President Medvedev introduced a new tone single job for our small businesses or those companies selling mortgages and by remarking on his contacts with Arab help one family farmer. I think it was securities keep some skin in the game leaders who are deeply worried about Iran’s a bad deal for Main Street. by holding onto a portion of the under- alleged drive to obtain nuclear weapons. Last year, I asked Treasury Sec- ‘‘It may be that Russia will be more ame- lying asset to keep them honest. nable, but this is a deeply complicated retary Paulson—a former chairman of As we move forward with regulatory issue,’’ he says. ‘‘On Iran, and other regional Goldman Sachs—about why this hap- reform, I will be working hard to elimi- conflicts, the differences between Moscow pened. His answer: ‘‘I don’t know.’’ nate any unintended consequences, spe- and Washington are deep, and that hasn’t Where I come from, answers such as cifically as it relates to community changed.’’ that aren’t good enough, and terms banks and credit unions. Russian experts also say they believe the such as ‘‘too big to fail’’ don’t make In Montana, when we talk about the Obama administration will quietly set aside any sense at all. It is time to make banking industry, we are talking about the other issue that has infuriated Moscow some changes. community banks and credit unions. over recent years: the effort to expand NATO into the former USSR by including Ukraine After what we have been through They are the good actors. They don’t and Georgia. over the past year, it is clear we need live on the edge. They didn’t get into ‘‘I wouldn’t expect any formal statements to reform the rules that keep Amer- the Wall Street shenanigans that to this effect, but it’s more or less clear that ica’s financial industry on our side. caused this mess.

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We have had very few prob- ‘‘should not identify with either side’’ Jersey, Judge Lynch stated: lems as it applies to predatory in a case. I would like to welcome— subprime loans. Even though I will support Judge Talking here about Justice Scalia The community banks and credit Lynch and admire him and enjoyed and Justice Thomas— unions are not the problem. I wish to meeting with him, I want to share also to a more realistic, more flexible, and in make sure we do not place excessive some concerns about his rulings and the end more honest way of protecting the fees or regulatory burdens on these some statements he has made over the constitutional values they share. small but very important institutions, years that I think are matters that Judge Lynch, in effect, endorsed this such as the community banks. ought not go unremarked before his flexible judicial philosophy and advo- Over the course of the coming weeks confirmation. cated it previously. and months, I plan to work with Sen- The role of a judge is to follow the Concern over his statements in pre- ator DODD, the chairman of the Senate law regardless of personal politics, feel- vious years contributed to my vote Banking Committee, and all my col- ings, preferences, or ideology. I think, against his nomination to the U.S. Dis- leagues toward commonsense reform for the most part, he has done that in trict Court on that occasion. that will increase supervision and his cases. In a 1997 law review article entitled transparency of the financial markets, One case that is troubling, however, ‘‘In Memoriam: William J. Brennan, that will bring back investor con- is U.S. v. Pabon-Cruz in which Judge Jr., American’’—that is, of course, Jus- fidence, and that will protect con- Lynch attempted to get around the tice William Brennan for whom he for- sumers and safeguard us from another jury process and the sentencing process merly clerked—Judge Lynch admon- situation where the greed of Wall because he believed a mandatory min- ished the successors of Justice Brennan Street penalizes hard-working families. imum sentence required by Congress of that they must also engage in constitu- Earlier this week, the President 10 years for a conviction of receiving tional interpretation ‘‘in light of their spoke on Wall Street. He said: and distributing child pornography was own wisdom and experience and in We are beginning to return to normalcy. unduly harsh. light of the conditions of American so- But he warned that: He announced that he would tell the ciety today.’’ Normalcy cannot lead to complacency. jury about the penalties in the case, In that same article, Judge Lynch I couldn’t agree more. That is what which is not appropriate. In its order stated he personally believed it was a we in Montana call common sense. prohibiting Judge Lynch from inform- ‘‘simple necessity’’ that the Constitu- Mr. President, I yield the floor. I sug- ing the jury about what the punish- tion ‘‘be given meaning for the gest the absence of a quorum and ask ment would be in the case, the Second present.’’ Judge Lynch’s praise for that the time during the quorum call Circuit, on which he now seeks to sit, Brennan’s ‘‘present-day meaning’’ ap- be charged equally to both sides. expressly stated that Judge Lynch’s proach included the opinion that Jus- The PRESIDING OFFICER. Without ‘‘proposed jury instruction regarding tice Brennan’s ‘‘long and untiring labor objection, it is so ordered. the penalties the defendant faces if to articulate the principles found in The clerk will call the roll. convicted is a clear abuse of discretion the Constitution in the way he believed The assistant legislative clerk pro- in light of binding authority.’’ made most sense today seems far more ceeded to call the roll. Judge Lynch disagreed with the Sec- honest and honorable than the pretense Mr. SESSIONS. Mr. President, I ask ond Circuit’s decision, calling it a that the meaning of those principles unanimous consent that the order for ‘‘mistaken conclusion.’’ Judge Lynch can be found in eighteenth- or nine- the quorum call be rescinded. clearly believed he had the right to ig- teenth-century dictionaries.’’ The PRESIDING OFFICER. Without nore precedent and established law and So I have a problem with that speech objection, it is so ordered. inform the jury about the penalties from 1997 and that strong statement of Mr. SESSIONS. Mr. President, I wish that were applicable upon their verdict adherence to the doctrine that Justice to speak today on President Obama’s of guilty so that the jurors, in effect, Brennan was the foremost advocate of nominee for the Second Circuit Court would have an opportunity to ignore a living constitution and that words of Appeals—a court one step below the the law and choose not to apply it be- don’t have fixed meanings; that you U.S. Supreme Court—Judge Gerard cause he did not think the penalty was can make them say what you want Lynch. fair, apparently. them to say to affect the result you I have carefully reviewed Judge I am disappointed by the fact that think is appropriate today. Lynch’s background and his rulings as Judge Lynch appears to believe this The Constitution is a contract with a district court judge. He is a Columbia sentence was inappropriate, but more the American people. We have every law graduate and a former Federal importantly, that he should have been right to amend it through the amend- prosecutor in the Southern District of allowed to invite jury nullification, atory process, but judges don’t have a New York. For the most part, he has which is, in effect, to say to a jury: You right to amend it based on what they been a very good district judge. He is don’t find the defendant guilty if you perceive it to mean. Based on what? exceedingly capable and a man of high think the punishment is inappropriate. What information have they received integrity. In response to one of my written that makes them think they have a After reviewing his record and re- questions, Judge Lynch said that while better idea of what the Constitution sponses to questions from the Senate he accepts the ruling of the Second Cir- ought to mean than how it has been in- Judiciary Committee, I decided to sup- cuit, he continues to believe his in- terpreted for 200 years? port his nomination. I do so because I stincts were correct. He stated: This is a serious matter because believe he will adhere to his judicial The rationale for this decision— judges are unelected. They have a life- oath which requires judges to admin- time appointment, and we give them Of the Second Circuit which reversed ister justice without respect to per- that because we want unbiased, objec- him— sons, to do equal right to the poor and tive analyses. But it doesn’t mean they the rich, and to faithfully and impar- which I fully accept, in light of the ruling are empowered to update the Constitu- of the Second Circuit, was erroneous—was tion to make it say what they would tially discharge and perform their du- that unlike most cases in which the jury ties under the Constitution and laws of fully understands the seriousness of the like it to say today. They are not em- the United States and not above it. crime charged, in that case the jury may powered to do that. In fact, it erodes In responses to my questions, Judge have misperceived the relative seriousness of democracy when they do that because Lynch affirmed that circuit courts the two overlapping charges in the case. the elective branches, those of us in

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In that case, a police officer continue his excellent service on the Circuit for being in violation of the asked a defendant drug dealer, who had bench, but that he will interpret the law. not yet been read his Miranda rights, law as written and will refrain from Judges, the State, and other people whether he had anything on him that imposing personal views in his deci- spent all kinds of money, and attorney could hurt the officer or his field team. sions. generals of the State spent money and Even though the defendant had not It is unfortunate, and I am concerned time and effort to litigate these mat- been frisked, Judge Lynch concluded also, that the President, in his nomina- ters, and finally winning, but, in effect, the defendant was the subject of a cus- tions, is moving a number of people for the people of the State, for 7 years, todial interrogation under Miranda, the Federal bench that are clearly ac- were unable to enforce a constitutional and that before the police officer could tivists. Many of them don’t have the statute their duly elected representa- ask whether he had anything to endan- length of time on the bench that Judge tives had passed. ger the officers, he had to warn him of Lynch does, or his skills as a judge, That is the power of an unelected his Miranda rights. As a result, Judge frankly, and it is causing us some con- Federal judge sometimes, and we need Lynch excluded from the record state- cern, and we will have some real debate to be sure judges who go on the bench ments that the defendant made at that about it. understand they are not allowed to do time which implicated him in the The nomination of Judge David Ham- that. They are supposed to be a neutral crime. ilton for the Seventh Circuit Court of umpire. If the case law and the Con- The Second Circuit—the circuit Appeals raises that issue and concern stitution say this is a good statute, which he will now serve on—reversed with me. The White House has said it they need to affirm it whether they Judge Lynch, holding that the public intended to send a message with his ap- like it or not, whether they would have safety exception was in fact applicable pointment, and I would say that it did. voted differently or not. If he wants to and that the cases Judge Lynch had re- Judge Hamilton’s appointment is sig- be in the legislature and vote on the lied upon in his ruling were distin- nificant. Instead of embracing the con- statutes, let him seek that office. A Federal judge must be able to dis- guishable. The court noted that drug stitutional standard of jurisprudence, pense rulings in a neutral fashion so dealers often have hypodermic needles Judge Hamilton has embraced Presi- the emblem that hangs over the Su- or razor blades on their person that dent Obama’s empathy standard. In- preme Court, which has been embraced could pose a danger to police officers. deed, he said as much in his answers to by the American people—equal justice Additionally, the defendant was not questions for the record following his under law—can be carried out in every handcuffed at the time of the arrest confirmation hearing in the Judiciary Committee. aspect of a legal proceeding. A judge and could have reached for a concealed He rejects the idea that the role of a must put aside political views which weapon. The Second Circuit also noted judge is akin to that of an umpire who may be appropriate as a legislator, ex- that the questions asked by the officer calls balls and strikes in a neutral ecutive, or an advocate, and interpret were ‘‘sufficiently limited in scope and manner. Rather, he believes a judge the law as it is written. He must keep were not posed to elicit incriminating will ‘‘reach different decisions from his oath to uphold the Constitution evidence,’’ and the police ‘‘cannot be time to time . . . taking into account first and foremost. faulted for the unforeseeable results of what has happened and its effect on As I have said before, the Constitu- their words or actions.’’ both parties, what are the practical tion is a contract between the Amer- Judge Lynch has also advocated that consequences.’’ ican people, especially in a government Miranda warnings be administered for Judge Hamilton also appears to have of limited powers that is established by searches, which has never been the embraced the idea of a living constitu- the people. It is a judge’s duty to abide case. In a symposium commentary, tion. The last time I was at the Ar- by the Constitution and protect and de- Judge Lynch proposed a Miranda-type chives Building, I saw a parchment fend it and all the laws duly passed by rule for searches that would invalidate from 1789—not breathing. It is a docu- Congress that are consistent with that consents to search unless the party ment. It is a contract. It guarantees Constitution. We have preserved our whose consent is sought is first advised certain rights to every American, and Nation well by insisting that our judi- that he or she has the constitutional judges aren’t empowered to rewrite it, ciary remain faithful to the plain and right to refuse such consent. to make it say what they think it simple words of the Constitution and Well, Miranda was never required by ought to say today. the statutes involved. the Constitution. It was a prophylactic In a speech in 2003, Judge Hamilton So, Mr. President, I am impressed protective rule the Court conjured up. indicated a judge’s role included writ- with the skill, the legal ability of Somehow the system has survived it, ing footnotes to the Constitution. Judge Lynch, whose nomination is be- but it has done some damage in terms When Senator HATCH questioned him fore us today. I have reviewed his of not getting the kind of admissions about these comments in a follow-up record carefully. I have listened to his and confessions you might otherwise question, he retreated somewhat, but answers. I have seen some of his get. That is just a fact. At any rate, to then gave a disturbing answer to the speeches. In a few cases, they cause me expand that now to searches, which has next question about judges amending concern. But I think giving deference— never been done, I think is an the Constitution or creating new rights and appropriate deference—to the unhealthy approach. through case law and court decisions. President’s nomination, he should be You might say: Well, theoretically, if This judicial philosophy has clearly confirmed. I will ask my colleagues to you are going to do these Miranda impacted Judge Hamilton’s rulings support the confirmation. interviews you could do it on searches. during his time as a district court But I want to say that all of us in But I would just note that Miranda judge. He has issued a number of con- this body, as well as judges, have a itself is a protective rule, not a man- troversial rulings and has been re- duty to preserve and defend our Con- dated constitutional rule. versed in some noteworthy cases. stitution. You can erode the Constitu- I mentioned the foregoing issues be- For example, he ruled against allow- tion in a number of ways, and one way cause they are of great concern to me. ing a public, sectarian prayer in the In- it can be changed and altered It appears, notwithstanding, in the diana State Legislature and was re- impermissibly is when judges redefine vast majority of his cases, Judge versed by the Seventh Circuit. the meaning of words. So when a judge Lynch has been a very careful judge He ruled against allowing religious says we shouldn’t resort to 18th cen- who has followed the law. He has stat- displays in public buildings and was tury dictionaries, that makes me nerv- ed that he understands that circuit unanimously reversed by a panel of the ous. What does that mean? You just judges are ‘‘bound by Supreme Court Seventh Circuit. give a new definition to the word, the and prior circuit precedent, and their He blocked the enforcement of a rea- one that people ratified—the amend- job is to apply, fairly and accurately, sonable informed consent law dealing ment they passed and ratified, which

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9530 CONGRESSIONAL RECORD — SENATE September 17, 2009 had a certain meaning and was under- speaking for us. Someone has to speak This is not some partisan attack. In stood to have that meaning? Now that for us. These were not mobsters, they fact, if you will remember, the bridge you are on the bench, and you think it were not the right wing. They were to nowhere, which was a Republican shouldn’t be enforced that way, and Americans, moms and dads with kids project, was exposed by Republicans. It you would like to see a different result, in strollers, grandpas and grandmas, helped America see an example of you just sort of amend it or write a here from all over the country, of all waste and abuse. That is what this footnote to it? I don’t think that is political parties, who know enough to amendment is about. It is not an at- good judicial policy, and I feel an obli- say we cannot keep spending and bor- tack on any party or any State, it is gation—I think a number of us in this rowing, and the more we spend, the just an example that has been brought Senate do—to confirm good judges— more waste and fraud there is. to light by countless media sources all men and women of character and abil- All of us here seem to agree, espe- over the country of us wasting money— ity and faithfulness to our laws and cially at campaign time: Oh, we need not just one time but year after year. Constitution—but also raise the con- to cut out the waste and fraud. But no If my amendment is not agreed to, cerns that we have and to use every bit matter what we bring up to cut, even if another $1.5 million of subsidies will go of our ability and strength to oppose we pick the most egregious waste the to this one airport because their Con- nominees who won’t be faithful to Government Accountability Office gressman likes to fly back and forth those high ideals that have made us a comes up with every year and says from a local airport. Many Americans have to drive an hour or two to get to nation of laws and made us prosperous these are the most wasteful and ineffi- an airport. Folks in Johnstown could and free. cient programs, we can put them on I thank the Chair, and I yield the the floor of the Senate for a vote and drive an hour to Pittsburgh Airport if floor. we cannot cut them. the tickets were too expensive from I suggest the absence of a quorum. Where do we begin, when all we seem Johnstown. This is not a particular at- The PRESIDING OFFICER (Mrs. to do, week after week, month after tack on a Congressman or a State or MCCASKILL). The clerk will call the month, year after year, when all of us community. It is a beginning. It is a roll. come in from all around the country demonstration that here in the Senate The bill clerk proceeded to call the and for every problem we see we have a we get the message. We are listening. roll. new government program or an ear- We are actually home and we are going Mr. DEMINT. Madam President, I ask mark or something that is supposed to to speak for those millions of Ameri- unanimous consent the order for the fix it? Everything adds to the deficit. cans who say enough is enough, we can- quorum call be rescinded. We never make those tough decisions not keep spending and borrowing and The PRESIDING OFFICER. Without about cutting anything. creating debt. objection, it is so ordered. My amendment actually cuts some- For every dollar we spend here, about half of it now is borrowed. We are actu- TRANSPORTATION APPROPRIATIONS thing. It was not my invention. I have ally on our knees begging countries Mr. DEMINT. Madam President, I learned about it over countless tele- such as China to loan us some money wish to speak to an amendment of vision documentaries on the Congress- so we can pay some of the debt that is mine that is to be on the floor on the man John Murtha Airport in Johns- coming due. Yet we keep creating cash transportation bill in a few minutes. It town, PA. It is a small airport that for clunkers and ‘‘Fannie Travel,’’ is an amendment that would cut fund- over the last 20 years has received $200 which is a travel promotion agency we million in taxpayer funds. This is an ing to a particular airport in Pennsyl- created a couple of weeks ago. Now we airport that only has 3 flights a day, an vania. I wish to discuss why we are tar- are passing a spending bill that is average of a total of 20 passengers a geting this particular cut. about 23 percent over what it was last As all of us know, all over America day. All of those three flights come to year. At a time with down economics, for the last several months, millions of Washington and they are always most- Americans out of jobs, we are increas- Americans have come out to TEA par- ly empty. The people who buy the tick- ing spending that much. ties and townhalls, expressing concern ets spend about the same amount per With this amendment we are saying and even anger over the level of spend- ticket as the taxpayers’ subsidy for we can make a tough decision. We can ing and borrowing and debt we are in- those tickets. begin the process of starting to cut curring here in Congress; the concern Earlier in the year, after we passed waste and fraud. But the reason so about all the new taxes we are talking the stimulus package, another $800,000 many people are going to vote against about; the takeover of everything from went to this airport to pave the alter- this amendment is there is a code here: General Motors to insurance compa- nate runway that is seldom used. After I will support your spending for your nies. People are concerned, I think for I brought up this amendment to dis- State if you will support mine. I will a lot of good reasons. continue funding—and I want to make not mess with the spending in your The question is now, particularly this clear; this is on this bill, the State if you won’t mess with mine. We after the hundreds of thousands of peo- transportation bill, and it only discon- have been doing it for years, so we have ple gathered in front of the Capitol last tinues funding for 1 year. It is not per- been adding earmarks and projects in Saturday from all over the country, ex- manent. It does not discontinue any all of our States, supporting each pressing many of those same concerns: funding related to defense or the mili- other, and the budget and the spending Is anybody listening? Is anyone here tary, so the National Guard and others get bigger and bigger and no one has listening? continue to use it. The Defense Depart- the courage to say no, we have to stop. It reminds me of a couple of weeks ment can spend whatever they want on A few of us did on the bridge to no- ago when my 21⁄2-year-old grandson was this airport. It is just that the Depart- where. Thanks to millions of Ameri- spending the night with my wife and ment of Transportation cannot spend cans saying you are right, we were able me. He was sleeping in another room, any more money to subsidize air traffic to stop that one project. But we are and we have these intercoms that ev- from this airport. still spending like there is no tomor- eryone knows about. He knows about It also does nothing to cut any safety row. the intercom and how it works, so funds for air traffic control. It is a cou- I am asking my colleagues to agree when he got up in the morning, as ple of paragraphs that say enough is we can cut one thing, one thing that is usual about 6:30 or something, he said: enough, this airport has received an in- obviously wasteful and unfair. It is not I am up. Is anybody home? ordinate amount of money. It has fair to ask taxpayers all over the coun- He kept saying: Is anybody home? Is equipment it doesn’t even use, millions try to subsidize half of every ticket anybody home? I knew he was going to for radar equipment that is not even that is bought in a little airport in keep saying it until I got up and went staffed. Again, 3 flights a day, only to Johnstown, PA. They are not helping in and got him up. Washington, DC, with less than an av- all the other Americans around the I think that is the question Ameri- erage of 20 passengers a day. Most of country or all the other small airports. cans are asking us here in Congress: Is the time there are more airport secu- Certainly small general aviation air- anybody home? A lot of people last rity people in this airport than there ports have gotten Federal funds but weekend, when I was here, said: Keep are passengers. nothing to this degree.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9531 We are not interfering with the gen- our Nation’s low-income families, fort they have had to go through under eral aviation function of this airport at which are also, as we all know, among some very trying circumstances. They all or any military use. We are just the hardest hit in these tough eco- have done an excellent job. They are a going to stop for 1 year subsidizing the nomic times, continue to have access delight to work with. tickets and hopefully helping America to safe, affordable housing. With that, I see that my ranking to focus on part of our problem here. The bill includes $75 million for a member is on the floor. I wish to, Part of correcting a problem is ad- very important program I worked on again, thank him for being a great mitting you have one. I don’t think we with Senator BOND, the joint HUD Vet- partner and for all his help and support have done it yet in this Senate. My erans Affairs Supportive Housing Pro- to get this bill to the floor today. hope is on this vote a majority of the gram. This is extremely important to I yield the floor. Senators will step up and say we do our Nation’s veterans. It will provide The PRESIDING OFFICER. The Sen- have a problem and this is one amend- an additional 10,000 homeless veterans ator from Missouri. ment where we can show we are begin- and their families with housing and Mr. BOND. Madam President, the ning to turn it around. I encourage all supportive services. real kudos and plaudits go to my col- my colleagues to vote for this amend- The bill also addresses the needs of league, the chair, Senator MURRAY, for ment to cut funding for 1 year, at least some of our most vulnerable citizens, having worked this through. cut these subsidies and at least dem- by providing increased funding to sup- It is also a very interesting and chal- onstrate to America that somebody is port affordable housing for the elderly, lenging measure. But this year, we home. disabled, those suffering from AIDS, have advanced a bill, we have had lots I yield the floor. and the Nation’s homeless. of amendments, we have adopted some I suggest the absence of a quorum. Finally, the bill provides almost $4 on strong bipartisan votes. I think this The PRESIDING OFFICER. The billion for the Community Develop- is a great tribute to the way she has clerk will call the roll. ment Block Grant Program to support worked with us closely on the com- The bill clerk proceeded to call the investments in public infrastructure, mittee and with the cooperation of all roll. housing rehabilitation, and public serv- parties on the floor. Mrs. MURRAY. Madam President, I ice, assistance that is critical to our This is a bill in which many people ask unanimous consent the order for States and our local governments right have good ideas, and, as I said, we the quorum call be rescinded. now. voted on and took a few of them. But I The PRESIDING OFFICER. Without In summary, this bill provides assist- join Senator MURRAY in thanking her objection, it is so ordered. ance to those who need it most, and it staff: Alex Keenan, Meaghan McCar- Mrs. MURRAY. Madam President, in directs resources in a responsible and thy, Rachel Milberg, Joanne Waszczak a few short minutes we are going to be fiscally prudent way. It will help our and Travis Lumpkin for their work. going to a series of votes, including a commuters, it will help owners, it will They have worked very closely with us. number of them on the transportation help the most vulnerable, and it will Thanks for the hard work on my side and housing bill that has been before help our economy. the Senate for a week now. I want to I hope all Senators will support the to Ellen Beares and Jon Kamarck. The take a few minutes to remind all of our bill when we move to the final vote staff contributed. And also the work of colleagues about the importance of this here shortly this afternoon, after we the newest member of our team who bill that we will be passing here short- consider several amendments. Before I came in at a time when we were badly ly this afternoon. This is a bill that has close, I do wish to take, again, a mo- understaffed, Dedra Goodman. But a broad bipartisan support because it ad- ment to thank my partner and friend, very special thanks to Matt McCardle dresses some very real housing and Senator BOND, whom it has been a for his leadership and masterful man- transportation needs of families in pleasure to work with throughout this agement on the floor. every region of this country. We process, as he and I go to conference This was due to a lot of unforeseen worked very hard with our colleague, now to work hard to make sure we find circumstances. There were lots of Senator BOND, my ranking member, the differences and fix the differences times when he had to carry the load, who has been amazingly great to work between us and the House so we can get and he also did it with good humor. with this week. We faced some real this bill to the President. When I was frazzled and confused about challenges with our bill this year but I most importantly wish to thank all where things may be going, Matt had it together we made some important in- our staff, from the floor staff who have under control, and he did a truly out- frastructure improvements, including been so generous with their time and standing job. providing over $75 billion for the De- help as we have worked through this, Again, I thank our colleagues for al- partment of Transportation to support to all the staff who worked on the lowing us to proceed with this bill. We continued investment in our transpor- transportation and housing sub- did not plan on being here this the tation infrastructure. committee, including John Kamarck, eighth day, having started last Thurs- It includes $11 billion for public tran- Ellen Beares, Joanne Waszczak, Travis day. But we are very optimistic that sit and $1.2 billion to invest in inner- Lumpkin, Grant Lahmann, Michael this bill can emerge from conference as city and high-speed rail. Bain, Dedra Goodman, and Alex Keen- a freestanding bill and be adopted by This bill also supports the FAA’s ef- an, our new staff director on transpor- this body. I do not want to see this forts to develop its next-generation air tation who has done an excellent job, wind up in an ‘‘ominous’’ appropria- transportation system to support pro- and especially Matt McCardle and tions bill that does not reflect the hard jected growth in air travel in coming Mike Spahn for all their efforts during work that went into it. When our work years. It also invests $3.5 billion for floor consideration. goes into what they call an omnibus, capital improvement at airports across I am pleased we were able to consider what I call an ‘‘ominous,’’ appropria- the country. and debate so many amendments and tions bill, strange things happen to it. The bill provides nearly $46 billion have produced a strong bill. But I We hope we can work this bill and keep for the Department of Housing and would be remiss if I did not single out it together as crafted. It is a critical Urban Development, including $100 mil- and thank two members of our staff, piece of legislation. lion for HUD’s housing counseling pro- Meaghan McCarthy and Rachel It has vitally important safety needs gram that will help families who are Milberg, for all the outstanding efforts for transportation, particularly in facing foreclosure today to stay in they made over the past several aviation. It continues, although not as their homes. The bill also provides months under very trying cir- robustly as I would like, the develop- more than $18 billion for tenant-based cumstances late at night working so ment of more transportation infra- rental or section 8, including an in- diligently. structure. There are badly needed ele- crease of over $1 billion for the renewal I wish to especially thank them for ments in the housing part of the bill. of section 8 vouchers. all the work they have done to assem- We have to continue housing for those It also provides increased funding for ble this bill and write the report. I people who have assisted housing, pub- the operation of public housing for a know it was a daunting challenge. I am lic housing authorities, particularly in total level of $4.75 billion, to make sure so grateful to them for all the extra ef- this economic downturn, when so many

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9532 CONGRESSIONAL RECORD — SENATE September 17, 2009 people are feeling the pinch, special McCain modified amendment No. 2403, to Mr. BOND. I move to lay that motion needs from the disabled, the elderly, to prohibit the use of funds to carry out the on the table. The motion to lay on the veterans, who have particularly been Brownfields Economic Development Initia- table was agreed to. well served by the veterans assisted in tive program administered by the Depart- ment of Housing and Urban Development. AMENDMENT NO. 2359 supportive housing that we have pro- DeMint amendment No. 2410, to limit the The PRESIDING OFFICER. The vided. use of funds for the John Murtha Johnstown- pending business is amendment No. But also, as I have warned many Cambria County Airport. 2359, the Vitter amendment. times before, the FHA program is a Vitter modified amendment No. 2359, to high-risk program that could subject prohibit the use of funds for households that The Senator from Louisiana. us to billions of dollars being thrown include convicted drug dealing or domestic Mr. VITTER. Madam President, this violence offenders or members of violent on the taxpayers’ credit card. And this amendment is very simple and gangs that occupy rebuilt public housing in straightforward. It simply says that no bill provides resources for HUD to get New Orleans. up the IT systems it needs, to get the Kyl motion to commit the bill to the Com- public housing assistance will be grant- people in place. It provides for more mittee on Appropriations, with instructions ed to anyone who is convicted of a oversight. It provides increases for the to report the same back to the Senate forth- crime involving drug trafficking, not inspector general to doublecheck to with with Kyl amendment No. 2421 (to the in- simple possession but distribution, et structions on Kyl motion to commit the make sure the predatory lending which cetera, or being a member of a violent bill), relating to the American Recovery and gang. These are serious adult offenders. inflicted the entire economy does not Reinvestment Act. transport itself into FHA-supported I don’t believe we should use taxpayer AMENDMENT NO. 2365 funds with housing assistance, particu- housing. The PRESIDING OFFICER. Under larly in public housing projects, in that So we do have some more amend- the previous order, there will be 2 min- manner. It specifically focuses on New ments. And we look forward to working utes evenly divided for a vote with re- Orleans, LA, only New Orleans, where on those this afternoon. We thank all spect to the Landrieu amendment. our colleagues for letting us come this Who yields time? we are pouring massive amounts of far. We hope to get it passed and get Mrs. MURRAY. Madam President, it Federal dollars to rebuild public hous- these badly needed appropriations en- is my understanding that this amend- ing projects in a fundamentally dif- acted into law. ment is accepted on both sides. I urge ferent, better way after Katrina, rid- AMENDMENT NO. 2403, AS MODIFIED a voice vote. ding those projects of the crime prob- I ask unanimous consent that the Mr. BOND. Madam President, nobody lem which had previously been embed- McCain amendment No. 2403 be modi- has advised us of objections on our ded there. It is very important in terms fied with the changes at the desk. side. of that recovery. The PRESIDING OFFICER. As in Mrs. HUTCHISON. Madam President, I reserve the remainder of my time. legislative session, without objection, I support the Landrieu amendment. Mr. DODD. Madam President, I rise it is so ordered. The year 2008 witnessed numerous in opposition to amendment No. 2359. The amendment (No. 2403) as modi- devastating disasters: severe wildfires Our colleague Senator LANDRIEU spoke fied is as follows: in California, floods in the Midwest, at length last night about the reasons AMENDMENT NO. 2403, AS MODIFIED and the one-two punch of Hurricanes she opposes this amendment, which is On page 318, between lines 11 and 12, insert Gustav and Ike along the Gulf Coast. targeted to her city of New Orleans. the following: Congress responded last fall by pass- ing a natural disaster supplemental, I am here as the chairman of the SEC. 2lll. None of the funds made avail- Banking Committee, to share with you able by this Act may be used to carry out the which in addition to providing nec- Brownfields Economic Development Initia- essary FEMA and SBA funding, pro- some of the reasons I believe this legis- tive program (including with respect to any vided $6.5 billion in community devel- lation could have benefitted from a individual property described on page 138, opment block grants to support recov- more thorough vetting through the au- 139, or 141 of Senate Report No. 111–69) ad- ery. thorizing process. ministered by the Department of Housing Unfortunately, the language included While superficially an attractive ef- and Urban Development. a restriction that has impaired these fort to be tough on crime, the proposed Mr. BOND. I suggest the absence of a impacted communities’ ability to re- amendment is likely to have serious quorum. build. unintended consequences while pro- The PRESIDING OFFICER. The This amendment removes that re- viding no apparent increase in public clerk will call the roll. striction, providing flexibility for these safety. The proposed amendment is The legislative clerk proceeded to funds to be used to their greatest im- overly broad, burdensome, and would call the roll. pact in the community, helping these present great difficulties for Federal, Mrs. MURRAY. I ask unanimous con- communities get back on their feet as State, and local administrators to ac- sent that the order for the quorum call quickly as possible. tually implement. be rescinded. Without this amendment, many com- Representatives of public housing The PRESIDING OFFICER. Without munities will be unable to balance objection, it is so ordered. agencies have raised concerns about their budget priorities, jeopardizing implementing this legislation. Advo- f critical projects in the recovery proc- cates for low income families oppose LEGISLATIVE SESSION ess, or worse yet, leading to the aban- this amendment. The PRESIDING OFFICER. Under donment of projects altogether. Needless to say, we want to ensure the previous order, the Senate will re- Communities across this Nation have the security of families receiving hous- sume legislative session. been greatly impacted by natural dis- ing assistance. That is why current law f asters over the past several years, in- already provides tools for denying or TRANSPORTATION, HOUSING AND cluding the State of Texas. Tax bases terminating assistance for drug-related URBAN DEVELOPMENT, AND RE- have been decimated and many com- and violent crimes and activities in LATED AGENCIES APPROPRIA- munities are still struggling to re- public housing and section 8 assistance, TIONS ACT, 2010—Resumed cover. These devastated communities which appears to be the amendment’s want to be able to stand on their own; The PRESIDING OFFICER. The objective. however, they don’t currently have the I have other concerns about things clerk will report the bill. resources to do so. By providing max- The assistant bill clerk read as fol- that may or may not have been the ob- imum flexibility of vital Federal funds, jective of the amendment. lows: as we have for previous disasters, we This provision only applies in New A bill (H.R. 3288) making appropriations remove one more barrier from their Orleans, raising questions about equal for the Departments of Transportation, and way on the road to recovery. Housing and Urban Development, and related The PRESIDING OFFICER. Without protection and the unfortunate possi- agencies for the fiscal year ending Sep- objection, the amendment is agreed to. bility of federal law that changes from tember 30, 2010, and for other purposes. city to city. Pending: The amendment (No. 2365) was agreed Landrieu amendment No. 2365, to amend to. It is a vast expansion of current Fed- the Disaster Relief and Recovery Supple- Mrs. MURRAY. I move to reconsider eral law. While Senator VITTER de- mental Appropriations Act, 2008. the vote. scribes the amendment as applying to

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9533 rebuilt public housing, it is actually Mrs. MURRAY. Madam President, NAYS—62 very broad. The bill extends far beyond this amendment would deny housing Akaka Feinstein Murray public and assisted housing into all assistance to any New Orleans house- Baucus Franken Nelson (NE) forms of federal housing assistance, in- hold with a member of a criminal gang Bayh Gillibrand Nelson (FL) Begich Hagan Pryor cluding homeless assistance, loans, or someone convicted of certain drug Bennet Harkin Reed loan guarantees, or other assistance offenses. Public housing authorities al- Bingaman Inouye Reid provided under a HUD housing pro- ready have the ability to deny or ter- Bond Johnson Roberts Boxer Kaufman Rockefeller gram. minate housing assistance to persons Brown Kerry Sanders It is administratively burdensome. who have committed drug-related and Burris Klobuchar Schumer The legislation would put additional Cantwell Kohl violent crimes under current law. This Shaheen screening burdens on housing pro- Cardin Lautenberg amendment does far more than that. It Carper Leahy Stabenow viders, banks, nonprofits, and others extends to all forms of housing assist- Casey Levin Tester who are not currently required to, nor ance. It is a permanent prohibition. If Collins Lieberman Udall (CO) do they have the resources to, conduct anyone in the family has committed Conrad Lincoln Udall (NM) criminal background checks. These Corker McCaskill Voinovich these offenses ever, then that entire Dodd Menendez Warner could include cities administering household would never be able to re- Dorgan Merkley Webb CDBG, a homeless shelter whose cli- ceive HUD assistance, including home- Durbin Mikulski Whitehouse ents vary night by night, or banks less assistance or even an FHA loan. Feingold Murkowski Wyden processing FHA loans. I am concerned that this amendment NOT VOTING—3 It has unintended consequences, and is targeted to one city, New Orleans. Byrd Landrieu Specter I will provide some examples. It erects barriers to helping the We should not be targeting one city or The amendment (No. 2359) was re- homeless: The language would appear dictating housing policy city by city jected. to apply to homeless shelters, whose under this bill. Mrs. MURRAY. Madam President, I clientele change from night to night. Importantly, the underlying bill pro- move to reconsider the vote, and I Running checks on clients that may vides funding to help our Nation’s move to lay that motion on the table. The motion to lay on the table was only be there for one day or sporadi- homeless veterans. Many of those vet- agreed to. cally is nearly impossible, and a waste erans have struggled with substance The PRESIDING OFFICER. The Sen- of scarce resources. Do we really mean abuse. If this amendment passes, those veterans will not be allowed to get as- ator from Washington. to prohibit assistance for these individ- Mrs. MURRAY. Madam President, if sistance. uals—many of whom are veterans or I could have the attention of all Sen- children—because shelters won’t be I ask my colleagues to vote against ators, a number of Senators have come able to run background checks? the amendment. to me and said they want to move It puts new burdens on banks and The PRESIDING OFFICER. The Sen- quickly through the amendments this homeowners. Every bank originating ator from Louisiana. an FHA loan would have to do a crimi- afternoon. We can’t do it if Senators Mr. VITTER. Madam President, we nal background check on the family are leaving. I ask all Senators to please are not talking about drug possession, buying the home, or refinancing a stay on the floor as we move through we are talking about trafficking. HUD home. Can you imagine the burden these last amendments. and the housing authority have the With that, I believe the next amend- that would create for community ability to negotiate for other family ment is in order. banks and homebuyers? It puts new burdens on small busi- members to stay in public housing and Mr. BOND. Madam President, I urge nesses and State and local government not be penalized. all Members to return promptly. I CDBG programs. The language could The PRESIDING OFFICER. Time has know several Members on both sides actually require that State and local expired. have other commitments. If we are CDBG programs conduct background The question is on agreeing to going to make those, we need to keep checks on small business owners re- amendment No. 2359. those 10 minute votes to at least 15 minutes. Thanks. ceiving economic development assist- Mr. BOND. I ask for the yeas and AMENDMENT NO. 2410 ance to ensure that they were not a) of- nays. fenders and b) not residing in federally- The PRESIDING OFFICER. The next The PRESIDING OFFICER. Is there a amendment is amendment No. 2410 of- subsidized housing. sufficient second? It provides no room for rehabilita- fered by Senator DEMINT. tion. The amendment bars someone There appears to be. The Senator from South Carolina is from ever getting housing assistance, The clerk will call the roll. recognized. including FHA loans, if they were ever The legislative clerk called the roll. Mr. DEMINT. Thank you, Madam convicted of selling drugs or were a Mr. DURBIN. I announce that the President. member of a gang, without consider- Senator from West Virginia (Mr. This amendment I hope is a begin- ning or maybe a turning point for the ation of rehabilitation. What if that BYRD), the Senator from Louisiana Senate where we identify wasteful happened 15 years ago? This amend- (Ms. LANDRIEU), and the Senator from spending and begin to make some ment would run counter to the goals of Pennsylvania (Mr. SPECTER) are nec- the Second Chance Act, which this essarily absent. progress toward cutting those things that we don’t have to do here at the body approved under unanimous con- The PRESIDING OFFICER. Are there sent to help ex-offenders get the serv- Federal level. any other Senators in the Chamber de- I heard some comments about the ices they need to become productive siring to vote? members of society. amendment yesterday which I don’t In sum, this amendment is super- The result was announced—yeas 34, think accurately reflect what the bill ficially attractive. I understand that. nays 62, as follows: does. We do nothing to cut any defense But the policy is ill-considered. It will [Rollcall Vote No. 283 Leg.] spending or defense use of this airport. unintentionally hurt homebuyers, vet- YEAS—34 We do nothing to cut any safety as- pects such as air traffic control. It is erans, and children without necessarily Alexander Ensign Lugar providing any additional protections. Barrasso Enzi McCain simply for 1 year of this appropriations It will create very serious administra- Bennett Graham McConnell bill which stops the funding for addi- tive burdens for the public and private Brownback Grassley Risch tional subsidies to an airport that has Bunning Gregg Sessions sector, with no way to pay for those Burr Hatch received $200 million over the last 20 Shelby years and has as much subsidy per burdens. I urge my colleagues to defeat Chambliss Hutchison Snowe this amendment—let’s approach this Coburn Inhofe Thune ticket as passengers pay. This has been Cochran Isakson Vitter the subject of documentaries on many issue in a more thoughtful way. Cornyn Johanns Wicker The PRESIDING OFFICER. The Sen- Crapo Kyl media sources. We need to show Amer- ator from Washington. DeMint LeMieux ica we are listening.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9534 CONGRESSIONAL RECORD — SENATE September 17, 2009 Please support this amendment to NOT VOTING—3 Mr. DURBIN. I announce that the cut these funds for 1 year. Byrd Landrieu Specter Senator from West Virginia (Mr. The PRESIDING OFFICER (Ms. The amendment (No. 2410) was re- BYRD), and the Senator from Lousiana KLOBUCHAR). The Senator from Penn- jected. (Ms. LANDRIEU) are necessarily absent. sylvania. Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. Are there Mr. CASEY. Madam President, I move to reconsider the vote. any other Senators in the Chamber de- would urge a no vote on this amend- Mr. BOND. I move to lay that motion siring to vote? ment. It sets the wrong precedent and on the table. The result was announced—yeas 37, singles out one airport which happens The motion to lay on the table was nays 60, as follows: to be in Cambria County, PA. agreed to. [Rollcall Vote No. 285 Leg.] At a time when we are in the middle AMENDMENT NO. 2403, AS MODIFIED YEAS—37 of a recession and with the unemploy- The PRESIDING OFFICER. The Sen- Barrasso Ensign McCain Bayh Enzi ment rate in this county at 9.5 percent, ate will be in order. Under the previous McCaskill and we are going to say here in Wash- Bennett Feingold McConnell order, there is 2 minutes equally di- Brownback Graham ington that we are going to vote on Risch vided prior to a vote in relation to the Bunning Grassley Roberts something that will shut down an air- Burr Gregg Sessions McCain amendment. Chambliss Hatch port—it is bad policy. We should allow The Senator from Arizona. Shelby Coburn Hutchison Snowe this decision to be made by the Federal Cochran Inhofe Mr. MCCAIN. Madam President, the Thune authority that should be making the Corker Isakson amendment prohibits funding for Vitter decision, which is the Federal Aviation Cornyn Johanns brownfields economic development ini- Wicker Administration. It is the right thing to Crapo Kyl tiatives. In May—and not for the first DeMint LeMieux do to oppose this amendment. I urge a time—the President recommended ter- NAYS—60 ‘‘no’’ vote. mination of the brownfields economic Akaka Franken Murray Mrs. MURRAY. Madam President, development initiatives. You can look have the yeas and nays been ordered? Alexander Gillibrand Nelson (NE) it up. Even the committee this time, in Baucus Hagan Nelson (FL) The PRESIDING OFFICER. They the RECORD, said: Begich Harkin Pryor have not. Bennet Inouye Reed The committee does not recommend an ap- Mr. DEMINT. I ask for the yeas and Bingaman Johnson Reid propriation for the brownfields redevelop- Bond Kaufman Rockefeller nays. ment program, consistent with the budget Boxer Kerry Sanders The PRESIDING OFFICER. Is there a request. Brown Klobuchar Schumer sufficient second? Burris Kohl Shaheen On pages 138 and 139, there is $1.3 mil- Cantwell Lautenberg Specter There is a sufficient second. lion for brownfields redevelopment in Cardin Leahy Stabenow The question is on agreeing to the Connecticut, Pennsylvania, and Ohio. Carper Levin Tester amendment. Casey Lieberman Udall (CO) So now we are not only going against Collins Lincoln Udall (NM) The clerk will call the roll. the President’s recommendations, we Conrad Lugar Voinovich The legislative clerk called the roll. are going to go against the bill itself Dodd Menendez Warner The PRESIDING OFFICER. Are there and give another $1.3 million in pork. Dorgan Merkley Webb Durbin Mikulski Whitehouse any other Senators in the Chamber de- All I say is you cannot make it up. Feinstein Murkowski Wyden siring to vote? The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the ator from Connecticut is recognized. NOT VOTING—2 Senator from West Virginia (Mr. Mr. DODD. Madam President, on be- Byrd Landrieu BYRD), the Senator from Louisiana half of myself and Senator LIEBERMAN, The amendment (No. 2403), as modi- (Ms. LANDRIEU), and the Senator from there is no debate about whether the fied, was rejected. Pennsylvania (Mr. SPECTER), are nec- brownfields redevelopment program Mrs. MURRAY. I move to reconsider essarily absent. ought not to exist. It is duplicative and the vote. The result was announced—yeas 43, cut out. This is under the economic de- Mr. BOND. I move to lay that motion nays 53, as follows: velopment initiative program, which on the table. [Rollcall Vote No. 284 Leg.] supports a wide range of programs to The motion to lay on the table was agreed to. YEAS—43 encourage economic redevelopment, in- cluding polluted, contaminated, blight- MOTION TO RECOMMIT WITH AMENDMENT NO. 2421 Alexander Ensign McCain Barrasso Enzi McCaskill ed properties. In Waterbury, CT, home The PRESIDING OFFICER. There is Bayh Feingold McConnell of the brass capital of our country, dat- now 2 minutes, equally divided, prior Bennett Graham Merkley ing back to the early 19th century, to a vote in relation to the motion to Brownback Grassley Murkowski most of the business was military re- recommit offered by the Senator from Bunning Gregg Risch Burr Hatch Roberts lated during the Civil War. There were Arizona, Mr. KYL. Chambliss Hutchison Sessions no pollution requirements back then. The Senator from Arizona. Coburn Inhofe Shelby Today those properties are virtually Mr. KYL. Madam President, we can Cochran Isakson Snowe Collins Johanns worthless because of the contamina- save $11 billion without cutting a dime Thune Corker Kohl tion. This is a city with a 13-percent from this appropriations bill. It turns Vitter Cornyn Kyl unemployment rate. It is a hard-work- out there is duplication between spend- Crapo LeMieux Wicker DeMint Lugar ing blue-collar town where people put ing in the stimulus bill that already in hard labor every day. This is a passed and this bill. NAYS—53 chance for that community to get back What we do is simply send the bill Akaka Franken Nelson (FL) on its feet. That is why it is under the back to committee to report back Baucus Gillibrand Pryor economic development program. forthwith, to rescind the money in the Begich Hagan Reed Bennet Harkin Reid I urge my colleagues to be supportive stimulus bill that duplicates the Trans- Bingaman Inouye Rockefeller of a hard-working community so we portation and HUD financing in this Bond Johnson Sanders can let them get back on their feet. We bill, except for any funds that have al- Boxer Kaufman Schumer urge defeat of the amendment. ready been obligated, which, obviously, Brown Kerry Shaheen Burris Klobuchar Stabenow I ask for the yeas and nays. we would go ahead and spend, and, sec- Cantwell Lautenberg Tester The PRESIDING OFFICER. The yeas ondly, any money relating to highway Cardin Leahy Udall (CO) Carper Levin and nays have been previously ordered. construction. That would be totally Casey Lieberman Udall (NM) The question is on agreeing to the protected. Beyond that, any duplica- Conrad Lincoln Voinovich amendment. tion in the stimulus bill would be re- Warner Dodd Menendez The clerk will call the roll. scinded. Dorgan Mikulski Webb Durbin Murray Whitehouse The assistant legislative clerk called It amounts to about $11 billion. I Feinstein Nelson (NE) Wyden the roll. think that is a great savings we can all

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9535 support. As I said, it does not take a Lautenberg Nelson (FL) Stabenow to funding improvements in our Na- dime out of this bill. Leahy Pryor Tester tion’s housing and transportation in- Levin Reed Udall (CO) I ask for my colleagues’ support. I re- Lieberman Reid Udall (NM) frastructure. I rise to engage the chair- serve the remainder of my time. Lincoln Rockefeller Voinovich man of the subcommittee in a colloquy The PRESIDING OFFICER. The Sen- McCaskill Sanders Warner to clarify the State-by-State allocation Menendez Schumer ator from Washington. Webb of Federal-Aid Highway Program fund- Merkley Shaheen Whitehouse Mikulski Shelby Mrs. MURRAY. Madam President, Wyden ing, which is shown in the committee the bill in front of us provides critical Murray Snowe report. resources to the Departments of Trans- Nelson (NE) Specter Mrs. MURRAY. I would be pleased to portation and Housing and Urban De- NOT VOTING—1 enter into a colloquy with the Senator. velopment for investments in transit, Landrieu Mr. REED. I thank the Senator. As I rail, airports, and public housing. This The motion was rejected. noted, page 46 of the committee report is important for investing in jobs in Mrs. MURRAY. I move to reconsider includes a table that shows the esti- our economy. the vote. mated State-by-State obligation limi- The funding in this bill has a direct Mr. BOND. I move to lay that motion tation for Federal-Aid Highway Pro- impact on every community across the on the table. gram funding. This information was Nation. We should not delay this im- The motion to lay on the table was prepared for the Appropriations Com- portant piece of legislation. agreed to. mittee by the Federal Highway Admin- I urge my colleagues to vote no. The PRESIDING OFFICER. The Sen- istration based on current law and the The PRESIDING OFFICER. The Sen- ator from Washington is recognized. funding level provided in this bill. It is ator from Arizona. PIPELINE SAFETY PROGRAMS my understanding that this table is de- Mr. KYL. Madam President, I have Mr. COCHRAN. Madam President, I signed to be illustrative rather than about 12, 13 seconds. As I said, this mo- wish to join Senator MURRAY and Sen- determinative of actual funding levels. tion takes absolutely no money from ator BOND, the respective chairman and Could the Senator confirm that this the appropriations bill before us. What ranking member of the Transportation, understanding is correct? it would do is identify about $11 billion HUD Appropriations Subcommittee, in Mrs. MURRAY. The Senator is cor- in duplicate funding in the stimulus a colloquy concerning the user fee rect. The table included in the com- bill and rescind that. So you would not funded pipeline safety programs over- mittee report is illustrative and does be voting to cut a dime out of this bill seen by the Pipeline and Hazardous not direct the actual distribution of if you support my motion. Materials Safety Administration. the funds provided under this bill. Mrs. MURRAY. I urge a ‘‘no’’ vote, Mrs. MURRAY. I am pleased to dis- Mr. REED. I thank the Senator, and Madam President. cuss this issue with my colleagues. I appreciate that clarification. As the The PRESIDING OFFICER. The Pipeline safety programs are very im- Senator knows, I had been concerned question is on agreeing to the motion. portant in my State and help ensure because the table indicates that the Mr. KYL. I ask for the yeas and nays. that tragic accidents can be prevented. State of Rhode Island is one of only The PRESIDING OFFICER. Is there a I understand that the pipeline safety two States, along with Maine, that sufficient second? programs at PHMSA are funded almost would lose funding under the increased There is a sufficient second. exclusively through user fees. appropriation included in this bill. The clerk will call the roll. Mr. COCHRAN. That is correct, and I have consulted with the Federal The bill clerk called the roll. in order to better assess the current Highway Administration, which has Mr. DURBIN. I announce that the program priorities at PHMSA and to produced a new estimate based on more Senator from Louisiana (Ms. determine how these user fees are accurate assumptions. That table has LANDRIEU) is necessarily absent. being allocated across the regulated been shared with the Appropriations The PRESIDING OFFICER. Are there community, I believe PHMSA should Committee staff. Rather than a decline any other Senators in the Chamber de- provide to the Committees on Appro- of over $5 million, this estimate shows siring to vote? priations a report that discloses the an increase of nearly $6 million for the The result was announced—yeas 34, percentage of program funds and State State of Rhode Island. In addition, no nays 64, as follows: grants that are dedicated to each of the State is shown to lose funding in fiscal [Rollcall Vote No. 286 Leg.] following sectors: liquid pipelines, nat- year 2010. YEAS—34 ural gas transmission pipelines, lique- Would the Senator agree that this Alexander Ensign Lugar fied natural gas pipelines, and natural new table is a more accurate depiction Barrasso Enzi McCain gas distribution pipelines. of the distribution federal highway Bennett Graham McConnell Mr. BOND. I thank Senator COCHRAN funds? Brownback Grassley Murkowski for his comments and agree that Bunning Gregg Mrs. MURRAY. I agree that the table Risch PHMSA should produce a report as Burr Hatch Roberts the Senator refers to reflects the Fed- Chambliss Hutchison Sessions soon as possible on this topic. We need eral Highway Administration’s current Coburn Inhofe Thune to ensure that pipeline safety programs estimate of how Federal-Aid Highway Corker Isakson Vitter Cornyn Johanns are adequately funded and that Con- Program funding included in this bill Wicker Crapo Kyl gress and the regulated industries that would be distributed under current law. DeMint LeMieux support these programs understand Mr. REED. Again, I thank the chair- NAYS—64 how they are funded. man for her leadership on this bill and Akaka Cantwell Feinstein Mrs. MURRAY. I agree with my col- for her help in clarifying this matter. Baucus Cardin Franken leagues and would like PHMSA to For the benefit of all senators, I would Bayh Carper Gillibrand produce such a report. I thank Senator ask unanimous consent that the Fed- Begich Casey Hagan COCHRAN for bringing this issue to the Bennet Cochran Harkin eral Highway Administration table we Bingaman Collins Inouye attention of all Senators. have discussed be printed in the Bond Conrad Johnson FUNDING ALLOCATIONS RECORD. Boxer Dodd Kaufman Mr. REED. Madam President, I want There being no objection, the mate- Brown Dorgan Kerry Burris Durbin Klobuchar to thank Senator MURRAY for her lead- rial was ordered to be printed in the Byrd Feingold Kohl ership on this bill and her commitment RECORD, as follows: UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION—ESTIMATED DISTRIBUTION OF FEDERAL-AID HIGHWAY PROGRAM OBLIGATION LIMITATION [FY 2010 distribution estimated based on FY 2009 contract authority and the FY 2010 Senate-reported appropriations bill]

FY 2009 FY 2010 State– enacted Senate bill Difference

Alabama– ...... $664,181,764– $686,900,890– $22,719,126 Alaska– ...... 290,717,063– 299,809,478– 9,092,415

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9536 CONGRESSIONAL RECORD — SENATE September 17, 2009 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION—ESTIMATED DISTRIBUTION OF FEDERAL-AID HIGHWAY PROGRAM OBLIGATION LIMITATION— Continued [FY 2010 distribution estimated based on FY 2009 contract authority and the FY 2010 Senate-reported appropriations bill]

FY 2009 FY 2010 State– enacted Senate bill Difference

Arizona– ...... 672,374,585– 694,856,314– 22,481,729 Arkansas– ...... 410,847,021– 424,892,224– 14,045,203 California– ...... 3,002,777,749– 3,107,386,662– 104,608,913 Colorado– ...... 451,065,359– 466,804,480– 15,739,121 Connecticut– ...... 422,828,746– 437,264,323– 14,435,577 Delaware– ...... 129,898,054– 134,437,981– 4,539,927 District of Columbia– ...... 126,772,019– 131,372,586– 4,600,567 Florida– ...... 1,690,108,775– 1,745,663,364– 55,554,589 Georgia– ...... 1,143,842,745– 1,181,764,488– 37,921,743 Hawaii– ...... 136,011,037– 140,890,088– 4,879,051 Idaho– ...... 244,839,686– 253,048,264– 8,208,578 Illinois– ...... 1,121,712,771– 1,160,076,519– 38,363,748 Indiana– ...... 852,499,523– 880,696,895– 28,197,372 Iowa– ...... 384,432,661– 397,991,958– 13,559,297 Kansas– ...... 327,579,516– 339,365,197– 11,785,681 Kentucky– ...... 568,095,523– 587,416,393– 19,320,870 Louisiana– ...... 555,575,744– 574,865,033– 19,289,289 Maine– ...... 141,822,084– 146,996,546– 5,174,462 Maryland– ...... 518,543,985– 536,780,813– 18,236,828 Massachusetts– ...... 531,894,794– 550,976,349– 19,081,555 Michigan– ...... 926,977,662– 959,052,590– 32,074,928 Minnesota– ...... 523,448,534– 541,421,862– 17,973,328 Mississippi– ...... 389,213,117– 402,777,975– 13,564,858 Missouri– ...... 762,024,021– 787,964,042– 25,940,021 Montana– ...... 315,817,904– 326,328,233– 10,510,329 Nebraska– ...... 244,575,447– 253,237,541– 8,662,094 Nevada– ...... 256,097,971– 264,815,350– 8,717,379 New Hampshire– ...... 146,151,389– 151,261,615– 5,110,226 New Jersey– ...... 859,742,154– 889,143,627– 29,401,473 New Mexico– ...... 310,184,441– 320,814,509– 10,630,068 New York– ...... 1,450,156,103– 1,501,247,422– 51,091,319 North Carolina– ...... 930,622,868– 962,100,250– 31,477,382 North Dakota– ...... 207,347,401– 214,686,636– 7,339,235 Ohio– ...... 1,147,361,001– 1,186,456,027– 39,095,026 Oklahoma– ...... 504,786,983– 522,318,817– 17,531,834 Oregon– ...... 372,563,076– 385,730,512– 13,167,436 Pennsylvania– ...... 1,443,922,086– 1,494,303,625– 50,381,539 Rhode Island– ...... 163,809,919– 169,786,620– 5,976,701 South Carolina– ...... 548,969,028– 567,442,319– 18,473,291 South Dakota– ...... 217,374,734– 224,862,704– 7,487,970 Tennessee– ...... 704,208,483– 728,011,969– 23,803,486 Texas– ...... 2,868,608,137– 2,964,113,622– 95,505,485 Utah– ...... 259,427,213– 268,373,350– 8,946,137 Vermont– ...... 134,115,890– 138,995,286– 4,879,396 Virginia– ...... 859,531,139– 888,675,696– 29,144,557 Washington– ...... 556,453,022– 576,378,211– 19,925,189 West Virginia– ...... 350,067,330– 361,686,708– 11,619,378 Wisconsin– ...... 642,654,090– 663,976,975– 21,322,885 Wyoming– ...... 215,495,030– 223,007,830– 7,512,800 Subtotal– ...... 32,700,127,377– 33,819,228,768– 1,119,101,391 Non-Formula programs– ...... 7,999,872,623– 7,287,771,232– (712,101,391) Total– ...... 40,700,000,000– 41,107,000,000– 407,000,000

Mr. CARDIN. Madam President, I safety of the 100 million passengers near Fort Meade in Anne Arundel rise today to express my support for who travel on Metro each year. County, near Aberdeen Proving the Senate amendment to H.R. 3288 and Mass transit is critically important Grounds in Harford County, and in the to thank my colleagues on the Trans- in Maryland as we look for ways of re- vicinity of the National Navy Medical portation, Housing & Urban Develop- duce energy and greenhouse gas emis- Center in Montgomery County. Nearly ment, and Related Agencies Appropria- sions. The committee has funded two 50,000 new residents will arrive in tions Subcommittee for their fine work important mass transit projects in Maryland as a result of BRAC. I appre- in crafting a bill that meets the prior- Maryland, the purple line in suburban ciate the committee’s help to make ities of the Nation while remaining fis- Washington and Baltimore’s red line. sure Maryland’s transportation infra- cally responsible. The purple line is a proposed 16-mile structure is well-prepared for this pop- I would particularly like to thank light rail or bus rapid transit line ex- ulation influx. my colleagues for the provision of $150 tending from Bethesda in Montgomery I would also like to thank the com- million for capital and preventive County to New Carrollton in Prince mittee for funding two important eco- maintenance of the Washington Metro- George’s County. The Baltimore red nomic development initiative projects politan Transit Authority’s Metro Sys- line is a proposed 14-mile light rail in Maryland, the Harriett Tubman Un- tem. The Metro system is sometimes rapid transit line extending from the derground Railroad Park and Visitors known as ‘‘America’s Subway’’ and for Woodlawn area of Baltimore County, Center and the Maryland Food Bank. good reason. Many Metrorail stations MD, through downtown Baltimore City Harriett Tubman was born on Mary- were built at the request of the Federal to the Johns Hopkins Bayview Medical land’s Eastern Shore. It was from there Government and nearly half of all sta- Campus in East Baltimore. Each that she escaped from slavery and went tions are located at Federal facilities. project will ease traffic congestion, re- on to become one of the leaders of the Federal employees comprise 40 percent duce carbon emissions, conserve en- Underground Railroad. Funding for the of WMATA’s peak ridership. WMATA ergy, and improve the quality of life Harriett Tubman Underground Rail- also plays a critical role for ensuring for many Marylanders. road Park and Visitors Center will sup- the continuity of Federal Government Maryland has a number of military port the continued design, engineering, operations during an emergency. The installations throughout the State. and site preparation for the joint Federal Government’s interest in Consequently, several communities State-Federal Visitors Center at the Metro is clear. will be affected by the upcoming round State park and envisioned Federal I am sure you all recall the tragic of base realignment and closures, park. The project is in rural Dorchester Metrorail accident on June 23 of this BRAC. I would like to thank the com- County. Tourism is a growing part of year that took the lives of nine individ- mittee for taking this into consider- the economy and is viewed by the uals. We cannot allow another such ation and providing funding for BRAC- State and county economic develop- tragedy to occur. I appreciate the com- related improvements at Andrews Air ment officials as the economic future mittee making a commitment to the Force Base in Prince George’s County, of the area. The adjacent Blackwater

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9537 National Wildlife Refuge is already a highways in New Hampshire, Massa- rioration is misguided. Current Maine major attraction for eco-tourists. This chusetts, and New York as well as the law requires that vehicles carrying up Visitors Center will serve as a focal Canadian Provinces of New Brunswick to 100,000 pounds on State roads be six- point of a growing tourism economy in and Quebec. The weight limit disparity axle combination vehicles. Current the region while also celebrating one of on various segments of Maine’s Inter- Federal law requires that vehicles car- America’s true heroes. state Highway System is a significant rying 80,000 pounds be five-axle. Con- The Maryland Food Bank provides impediment to commerce, increases trary to erroneous assumptions, six- food to 900 soup kitchens, food pan- wear-and-tear on our secondary roads, axle 100,000 pound vehicles are not tries, shelters, and other community- and, most important, puts our people longer, wider or taller than the five- based organizations across the State. needlessly at risk. axle 80,000 pound vehicles. The six-axle These agencies, in turn, feed hundreds Diverting trucks onto these sec- 100,000 pound vehicles, which include of thousands of hungry Marylanders ondary roads raises critical safety con- an addtional set of brakes, allow for each year. Last year, the Maryland cerns. In fact, there have been several greater weight distribution thereby not Food Bank distributed 14.3 million accidents, some of which have trag- increasing road wear and tear. Further, pounds of food. The dire state of the ically resulted in death, which have oc- stopping distances and safety are in no economy has placed increased demands curred after these large trucks were di- way diminished, and preliminary data on the food bank. Critical infrastruc- verted onto secondary roads and from studies conducted by the Maine ture needs must be met in order to sus- through smaller communities. For ex- State Police support this statement. tain and expand services to meet the ample, in May 2007, a 17-year-old high That is why Maine’s Commissioner of growing need. I am grateful that the school student from Hampden, ME, lost Public Safety, the Maine State Troop- committee has provided funds through her life when her car was struck by a ers Association, and the Maine Asso- this bill to meet those needs. This heavy truck on route 9. The truck driv- ciation of Police all support this pilot funding will greatly benefit Maryland’s er could not see the car turning onto project. hungry families. that two-lane road as he rounded a cor- A higher weight limit in Maine will In closing, again let me say how ner. Interstate 95 runs less than three- much I appreciate the work of Senator quarters of a mile away, but Federal not only preserve our rapidly deterio- rating roads, but will provide economic MURRAY, Senator BOND, and their law prevented the truck from using staffs along with the rest of the sub- that modern, divided highway, a high- relief to an already struggling trucking committee. They have in crafted a bill way that was designed to provide industry. Trucks weighing up to 100,000 that adequately provides for critical ample views of the road ahead. pounds are permitted on interstate transportation infrastructure, address- A year earlier, Lena Gray, an 80- highways in New Hampshire, Massa- es housing needs for America’s most year-old resident of Bangor, was struck chusetts, and New York as well as the vulnerable populations, and injects and killed by a tractor-trailer as she Canadian provinces of New Brunswick economic drivers into underserved was crossing a downtown street. Again, and Quebec. Maine truck drivers and communities, all while remaining 2 that accident would not have occurred the businesses they serve are at a com- percent under the President’s re- had that truck been allowed to use I-95, petitive disadvantage. quested budget. I find that quite im- which runs directly through Bangor. Last year, I met with Kurt Babineau, pressive and I support this bill. In June 2004, Wilbur Smiths Associ- a small business owner and second gen- Ms. COLLINS. Madam President, I ates, a nationally recognized transpor- eration logger and trucker from Maine. rise to speak in support of provisions I tation consulting firm, completed a Like so many of our truckers, Kurt has authored in the fiscal year 2010 Trans- study to examine the impact a federal been struggling with the increasing portation-HUD appropriations bill that weight exemption on non-exempt por- costs of running his operation. All of would increase safety, save energy, and tions of Maine’s Interstate Highway the pulpwood his business produces is decrease emissions by creating a 1-year System would have on safety, pave- transported to Verso Paper in Jay, ME, pilot project to allow trucks weighing ment, and bridges. The study found a 165-mile roundtrip. This would be a up to 100,000 pounds to travel on that extending the current truck considerably shorter trip if his trucks Maine’s interstates. This provision also weight exemption on the Maine Turn- were permitted at 100,000 pounds to re- requires an analysis by the U.S. De- pike to all interstate highways in main on Interstate 95. Instead, his partment of Transportation and the Maine would result in a decrease of 3.2 trucks must travel a less direct route State of Maine to study the effects of fatal crashes per year. The study also through cities and towns. Kurt esti- the increase on safety, road and bridge found that the fatal accident rate on mated that permitting his trucks to durability, energy use, and commerce. the secondary roads was 10 times high- travel on all of Interstate 95 would save The U.S. Department of Transpor- er than on the turnpike, and the injury him 118 gallons of fuel each week. At tation will report its findings to Con- accident rate was seven times higher. last year’s diesel cost of approximately While improving safety is the key ob- gress. This Maine pilot project does not $4.50 a gallon, and including savings jective, a uniform truck weight limit have any impact on other States’ from his drivers spending less time on of 100,000 pounds on Maine’s interstate weight laws and regulations. the trip, he could have saved more than By way of background, let me explain highways also would reduce highway $700 a week, and more than $33,000 and why this pilot project is needed. Under miles, as well as the travel time, nec- 5,600 gallons of fuel annually. These current law, trucks weighing 100,000 essary to transport freight through savings would not only be beneficial to pounds are allowed to travel on the Maine, resulting in economic and envi- Kurt’s bottom line, but also to his em- portion of Interstate 95 designated as ronmental benefits. Moreover, Maine’s ployees, his customers, and to our na- the Maine Turnpike, which runs from extensive network of local roads would tion as we look for ways to decrease Maine’s border with New Hampshire to be better preserved without the wear the overall fuel consumption. Augusta, our capital city. At Augusta, and tear of heavy truck traffic. the turnpike designation ends, but I–95 Interstate 95 north of Augusta, ME, An increase of the Federal truck proceeds another 200 miles north to where trucks are currently limited at weight limit in Maine is widely sup- Houlton. At Augusta, however, heavy 80,000 pounds, was originally designed ported by public officials throughout trucks must exit the modern four-lane, and built for military freight move- Maine, including the Governor, the limited-access highway and are forced ments to Loring Air Force Base at Maine Association of Police, and the onto smaller, two-lane secondary roads weights much heavier than 100,000 Maine Department of Public Safety, that pass through cities, towns, and pounds. Raising the truck weight limit which includes the State Bureau of villages. The same problem occurs for would keep heavy trucks on the inter- Highway Safety, the Maine State Po- Maine’s other interstates like 295 out states, which are designed to carry lice, and the Bureau of Emergency of Portland and 395 in the Bangor- more weight than the rural State Communications. I have several letters Brewer area. roads. of support from these officials and or- Trucks weighing up to 100,000 pounds The argument that 100,000 pound ganizations, which I will submit for the are already permitted on interstate trucks would cause greater road dete- record with my statement. The Maine

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9538 CONGRESSIONAL RECORD — SENATE September 17, 2009 Legislature also has expressed its sup- companion 2004 Maine DOT study of the cur- in Maine. We strongly believe that such a port for the change having passed reso- rently exempted Maine Turnpike estimated program will allow all Mainers to travel lutions over the past several years call- that the federal truck weight exemption on more efficiently and especially more safely ing on Congress to raise the Federal that highway, which allows higher state along our rural roads if this were to occur. weight limits, saves the state between $2.1 Last year in Maine, 155 people tragically truck weight limit to 100,000 pounds in million and $3.2 million annually in bridge died on Maine’s highways. 23 of these deaths Maine. I urge my colleagues to support and pavement costs. Also, the increased involved large trucks. We also know that of this important provision in the Fiscal pavement consumption of a six-axle com- these 23 deaths, more than 80% occurred on Year 2010 THUD appropriations bill. bination truck compared with the five-axle our rural roads. We attribute many of these There being no objection, the mate- truck is relatively small due to the advan- deaths to the fact that large trucks are rial was ordered to be printed in the tage of adding an axle to offset the weight forced by current Federal law and policy to exit our safe, divided 4–6 lane interstate RECORD, as follows: increase and to the reduced number of trips by the loaded vehicle. A federal truck weight highway at Augusta, a mere 100 miles into STATE OF MAINE, exemption would annually remove an esti- Maine, and travel along two lane rural roads. Augusta, Maine, September 10, 2009. mated 7.8 million loaded truck-miles of trav- Many of these trucks are then forced to trav- Hon. DANIEL INOUYE, Chair, el from Maine’s primary and secondary road el six to eight hours or more along our rural Hon. THAD COCHRAN, Ranking Member, system, diverting the traffic to the safer roads to reach their destinations instead of Appropriations Committee, U.S. Senate, Wash- Interstate highway system. being allowed to travel along the divided ington, DC. From an environmental standpoint, the highway. Hon. PATTY MURRAY, Chair, federal truck weight exemption would reduce These roads pass through our villages, our Hon. CHRISTOPHER S. BOND, Ranking Member, Maine’s and the nation’s dependence on for- towns, past churches, schools, shopping cen- Subcommittee on Transportation, HUD and Re- eign oil by eliminating the need to divert to ters, parks and Little League fields. Unlike lated Agencies, U.S. Senate, Washington, less direct routes, thereby reducing overall our major highway that limits access, there- DC. fuel usage. In addition, increasing payload by cutting down on collisions, these rural DEAR SENATORS INOUYE, COCHRAN, MURRAY capacities reduces the number of truck-miles roads have thousands of locations where AND BOND: As the FY 2010 Transportation- traveled for a given load, thereby reducing roads cross, people enter from parking lots HUD Appropriations bill nears debate in the fuel usage. Fewer trucks on the road and and private driveways and young children, U.S. Senate, I would like to again express lower fuel usage also result in lower emis- adults and elderly people walk, bike and run. my strong and unwavering support for Sec- sions—a direct environmental benefit. Each time you add an access point to these tion 194 of the bill, which would permit the Also, the State of Maine just completed a roads, you increase the potential for a tragic state of Maine to conduct a one-year pilot study entitled ‘‘Estimating Fuel Consump- accident to occur. Each time a truck is program to assess the benefits of allowing in- tion and Emissions in Maine: A Comparative forced to travel along an undivided highway, creased weight limits for heavy vehicles Analysis for a Six-Axle, 100,000-1b. Vehicle.’’ the potential for other vehicles to cross over traveling on any part of Maine’s Interstate The study was prepared by the American into its lane, to unexpectedly pull out in highway system. My support is grounded in Transportation Research Institute. Prelimi- front of the truck, for a young child to run my conviction that this pilot will establish nary findings included significant efficiency into the roadway or for a bicycle to swerve that the higher weight limits on Maine’s improvements and trip-specific emissions into the lane of travel, increases dramati- Interstates will improve the safety and effi- improvements in the comparison of two dif- cally. Each of these incidents is a tragedy ciency of heavy vehicles operating on Maine ferent parallel routes—an Interstate route waiting to happen. Roads. and a state highway route. Efficiency im- The Maine Department of Public Safety, Currently, on Maine’s Interstate highway provements measured in miles per gallon which includes the State Bureau of Highway system, higher state truck weight limits were determined to be 14–21 percent on the Safety, the Maine State Police and the Bu- may be enforced only on Interstate 95 begin- Interstate route. Emissions were also ex- reau of Emergency Communications, strong- ning in Kittery and on the Maine Turnpike ly supports your proposal. State and Federal pected to decrease by 6–11 percent for CO2 portion of I–95, which ends in Augusta. Motor Carrier statistics that have been gath- and 3–8 percent for NOX and MNHC on the Lower federal truck weight limits are en- Interstate. ered over the years tell us that every time forced on all other Maine Interstate high- In summary, enacting a federal truck you can get a large truck off a small rural ways. As you know, only the United States weight limit exemption on the currently road and onto a divided limited access high- Congress can change Interstate truck weight non-exempt Maine Interstate highway sys- way, the chance to avoid accidents and pre- limits, and MaineDOT has been working with tem would: vent death greatly increases. The proposed the Maine Congressional delegation for some Reduce truck crashes on Maine’s highways; bill is a smart, practical and well reasoned time to pass a federal law to rectify this Reduce the number of trucks necessary to approach to this problem. The Maine Depart- problem. The current situation negatively haul a given load; ment of Public Safety wholeheartedly sup- impacts the safety of Maine’s highways, the Allow heavy truck traffic on the much ports your efforts. health of Maine’s economy, and the dura- safer Interstate highway system; Please feel free to contact me at my office bility of its highways and bridges. Thus, I Divert many through-trucks from con- at 207 626 3800 if there is any further informa- strongly support inclusion of section 194 in gested town centers with schools, gas sta- tion I can provide to you in support of your the FY 2010 DOT–HUD Appropriations Bill. tions, intersections, crosswalks, etc.; efforts. Thank you for your time and dedica- Maine has a long history of allowing Reduce regional transportation costs, tion to the efforts to make Maine’s roads trucks at 100,000-lbs. gross vehicle weight making Maine industry more competitive safer for all of our citizens and visitors. (GVW) to operate on the Maine Turnpike with its neighbors and enhancing interstate Sincerely yours, portion of I–95 south of Augusta, with a and international trade; ANNE H. JORDAN, ESQ. record of positive economic, environmental Reduce net fuel consumption; and Commissioner of Pubic Safety, State of Maine. and safety outcomes. An extension of this Save $1.3 to $2.0 million annually in infra- practice to the remainder of the Maine Inter- structure costs by reducing impacts. STATE OF MAINE, DEPARTMENT OF state highway system would divert 100,000-lb. As Senate action on the FY 2010 DOT–HUD PUBLIC SAFETY—MAINE STATE PO- trucks from secondary roads lined with nu- Appropriations Bill moves forward, I want to LICE merous schools, intersections, driveways and voice my strong support for Section 194, Augusta, ME, September 10, 2009. traffic lights, and put them on the highway which will promote safer and more efficient Hon. SUSAN COLLINS, infrastructure that is designed to handle truck movement on Maine’s highways. U.S. Senate, Dirksen Senate Office Building, such demands. Sincerely, Washington, DC. A MaineDOT Engineering Opinion signed JOHN E. BALDUCCI, DEAR SENATOR COLLINS: I am writing on in June 2008 by five of our top bridge and in- Governor. behalf of the Maine State Police to support frastructure engineers, including the depart- your efforts to increase gross vehicle weights ment’s Chief Engineer with more than 50 STATE OF MAINE, on Maine’s non-exempt Interstate highway years of highway engineering experience, DEPARTMENT OF PUBLIC SAFETY, system. The changes you propose will not stated that, ‘‘. . . it is the professional opin- Augusta, ME, September 9, 2009. only benefit the economy of the State of ion of the undersigned that Maine’s inter- Hon. SUSAN COLLINS, Maine, but will significantly improve the state system can support the addition of the U.S. Senate, Senate Office Building, safety of Maine’s roads. 100,000-lb. GVW vehicles to Maine’s inter- Washington, DC. As you know, Maine allows gross vehicle state traffic stream, without any noticeable DEAR SENATOR COLLINS: On behalf of the weights of up to 100,000 lbs. on six-axle trac- or significant damage to the system’s infra- Maine Department of Public Safety, I am tor semitrailers on state highways. As a re- structure.’’ writing in support of your efforts to include sult, when they reach the non-exempt por- More specifically, MaineDOT study find- a one year pilot program in the FY2010 tions of Maine’s Interstate highway system ings indicated that an Interstate truck Transportation, Housing and Urban Develop- heavy combination trucks that would travel weight exemption would save the State of ment Appropriations Bill to allow trucks on the Interstate system are diverted to the Maine between $1.3 million and $2 million weighing up to 100,000 pounds to operate the state highway system. This results in 100,000 annually in bridge and pavement costs. A entire length of the Interstate Highway here lbs. trucks traveling through busy downtown

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areas, through population centers, through MAINE ASSOCIATION OF POLICE, SOUTH capable of handling these loads. It is impor- congested intersections and next to schools PORTLAND, ME, SEPTEMBER 9, 2009. tant to note that highway safety, environ- and playgrounds. Senator SUSAN COLLINS, mental performance and economic produc- A June 2004 report prepared for the Maine Dirksen Senate Office Building, tivity would all be improved by allowing this Department of Transportation (MaineDOT) Washington, DC. pilot program to occur. concluded that allowing 100,000 lbs. trucks on DEAR SENATOR COLLINS, The Maine Asso- Increasing the interstate weight limit the non-exempt Interstate Highways in ciation of Police offers and urges support of would allow businesses and shippers to carry Maine would result in fewer crashes. This re- your efforts to include a one year pilot a specific amount of freight using fewer port indicates that the crash rates on non- project in the FY 2010 Transportation, Hous- trucks. This is especially significant for Interstate facilities in the study network are ing and Urban Development Appropriations highway safety because accident rates more than 2 1/2 times higher than the crash bill to allow trucks weighing up to one hun- among heavy vechicles are strongly tied to rate on the non-exempt Interstate System. dred thousand pounds to utilize the full the vehicle miles traveled (VMT), and con- In addition, the fatal crash rate on non- length of Maine’s interstate highway system. solidating freight would reduce VMTs to Currently, federal law prohibits trucks Interstate facilities is nearly 10 times the make roads safer. It is important to note weighing more than eighty thousand pounds fatal crash rate on Interstate facilities while that since the United Kingdom raised its from traveling the I–95 corridor from the incapacitating injury crashes are more than gross vehicle weight limit for six-axle vehi- city of Augusta, north. Because the Maine twice as prevalent. National studies have cles in 2001, fatal truck-related accident Turnpike, also designated as I–95, is a pri- found a strong relationship between road rates have declined by 35 percent. More vate, toll road, this prohibition does not class and crash risk. Findings from these re- freight has been shipped, while the number exist from the New Hampshire border to Au- ports indicate that trucks traveling on rural of VMTs to deliver a ton of freight has de- gusta. interstates are 3 to 4 times less likely to clined. This inconsistency creates a situation in Moreover, the current interstate weight have a fatal crash than trucks traveling on which commercial vehicles not conforming limit often forces trucks to travel on rural rural state and county highways. to the federal weight restriction are forced roads that often wind through towns, passing Safety is a primary concern of the Maine to leave the interstate system and travel schools and private driveways, where acci- State Police. Given that the Interstate high- state secondary roads. As law enforcement dents are more likely to occur. The provision way system is the safest road network for first responders, this forced departure from would put these trucks on better-engineered, heavy vehicle operations, we fully support the interstate system is of great concern. divided interstate highways, where they can your efforts to allow 100,000 lbs. six-axle Given the nature and daily use of secondary safely and efficiently transport goods. semi-trailers on the non-exempt portion of roads vital to Maine citizens, this restriction Allowing six-axle vehicles to carry more Maine’s Interstate highway system. creates an unnecessary risk by forcing these weight would also yield cleaner air and Sincerely, commercial vehicles off of a system that is greener shipping by cutting fuel use and car- COL. PATRICK J. FLEMING, specifically designed and engineered for this bon emissions. A 2008 American Transpor- Chief, Maine State Police. type of commercial traffic. tation Research institute study found that The pilot project also provides for the dili- six-axle trucks carrying about 100,000 pounds gent study of the impacts that this tem- MAINE STATE TROOPERS ASSOCIATION, get 17 percent more ton-miles per gallon Augusta, ME, September 11, 2009. porary change will have on Maine’s inter- than five-axle trucks carrying 80,000 pounds. state system to address concerns that many Hon. SUSAN COLLINS, More efficient shipping means a smaller car- Dirksen Senate Office Building, would have as to the long term impact of bon footprint. Washington, DC. commercial traffic. An unintended side ben- Finally, raising the interstate vehicle efit also provides an opportunity for Maine weight limit will have widespread economic DEAR SENATOR COLLINS: I last wrote to you Law Enforcement to gauge the impact of re- benefits. At a point when many producers in 2005 in support of your efforts to increase moving this traffic from secondary roads are facing tough economic times and smaller the gross vehicle weights to 100,000 lbs. on through crash reporting and other statistical budgets, the provision will enable them to Maine’s non-exempt Interstate highway sys- data. It also affords law enforcement a clear reduce the number of weekly shipments— tem. At that time, I wrote in my capacity as venue to direct enforcement and safety oper- cutting costs, spurring investment and pro- Chief of the Maine State Police. After retir- ations as they relate to commercial vehicle tecting valuable jobs. ing in 2007, I moved into the private sector as issues. Futhermore, producers in Maine and across a labor consultant providing services to, The one year pilot project provided by this the country are currently at a productivity amongst others, the Maine State Troopers current budget takes a common sense ap- disadvantage because Canada, Mexico and Association (MSTA). It is on their behalf proach to address an important issue in most European countries now have higher that I write today. I might add that my per- Maine that has gone unattended. It provides truck weight limits. Harmonizing weight sonal sentiments in support of your efforts the opportunity to study the balance be- limits with our major trading partners will have not waivered and if anything have tween an effective and efficient commerce ease the cost of moving U.S. goods into strengthened. system, fuel efficiency and environmental international markets and stop costly The statistics continue to support the in- impacts, but most of all, the safety of Maine freight consolidation at our ports and border crease, both from an economic, and to my citizens and those who visit our great state. crossings. With Canada’s higher weight lim- mind most importantly, a public safety We look forward to the committee’s support its, the provision in Maine would help North- standpoint. The proposed one year pilot pro- of your efforts in making this opportunity a eastern producers compete for market share gram will provide an opportunity for due reality. and efficiently export goods. diligence on the part of policy makers and Sincerely, It is a fact that allowing heavier, more ef- policy implementers by way of an analytical PAUL GASPAR, ficient trucks to operate on our nation’s survey of the results of moving heavy trucks Executive Director. interstates would improve safety, reduce en- off the secondary roads and on to the Inter- vironmental impact and strengthen the state system which was engineered for such SEPTEMBER 11, 2009. economy. CTP applauds Sen. Collins for in- traffic. This also will allow for policy deci- Hon. SUSAN COLLINS, troducing the provision. sions to be made based on facts and not sim- U.S. Senate, Dirksen Senate Office Building, Sincerely, ply emotion or speculation. Washington, DC. JOHN RUNYAN, DEAR SENATOR COLLINS: On behalf of the Executive Director. MSTA’s members are on the front line of Coalition for Transportation Productivity Maine’s highway safety efforts and are re- (CTP) and its 120 members nationwide, I am AMERICAN TRUCKING ASSOCIATIONS, sponsible for enforcing State and Federal writing to express strong support for Section Washington, DC. commercial vehicle laws and regulations. 194 of the FY 2010 Transportation-HUD Ap- Hon. DANIEL INOUYE, They see no down side to this proposal. And propriations Bill now pending before the Chairman, Committee on Appropriations, as compelling as the data is, intuitively it Senate. This provision would enable the U.S Senate, Washington, DC. just makes sense. While the naysayers be- state of Maine to conduct a one-year pilot DEAR CHAIRMAN INOUYE: The American lieve it will increase risk, no data supports program to test the impact of allowing Trucking Associations supports Senator Col- that notion. 100,000 pound, six-axle single-trailer trucks lins’ efforts to secure a 1 year pilot program Safety remains the primary concern of to access Maine’s interstate highway net- in the Fiscal Year 2010 Transportation and Maine’s Troopers as it did in 2005. For that work. Housing and Urban Development Appropria- reason we offer our support in your efforts to CTP was organized to promote the passage tions bill that would allow for more produc- move 100,000 lb. six-axel semi-trailers on the of federal legislation giving each state the tive vehicles to be operated on Maine’s inter- non-exempt portion of Maine’s Interstate option to increase its interstate vehicle state highways. The inclusion of this provi- system. Thank you for your efforts on this weight limit to 97,000 pounds for six-axle sion will improve safety, reduce greenhouse important initiative. trucks if the state determines that the infra- gas emissions, and benefit Maine’s economy. Sincerely, structure of these roads can safely accommo- Under current law, six axle vehicles with a CRAIG A. POULIN, date the heavier loads. Maine officials have gross vehicle weight of 100,000 lbs are allowed Executive Director, MSTA. determined that their state roads are fully to operate on the Maine Turnpike (I–95) from

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9540 CONGRESSIONAL RECORD — SENATE September 17, 2009 the New Hampshire border to Augusta, ME. rail station in West Haven, the Bridge- assistance to families across the coun- Upon reaching Augusta, however, the federal port Intermodal Center, and expanding try. The Census Department’s recently weight preemption on the Interstate High- transit services and access in Stam- released poverty figures show that in way System forces trucks weighing more ford. Transit projects such as these 2008—before the full brunt of the cur- than 80,000 lbs off of I–95 onto smaller sec- ondary roads which are less safe than Inter- connect Connecticut residents with rent recession—nearly one in five states. The removal of the federal prohibi- jobs and make it possible for the re- American children lived in poverty. tion would allow trucks on the roads that gional economies to grow. Given the challenges confronting the are best suited for them. Sustainable development and livable economy and our families, housing as- This pilot project is also an effective strat- communities depend on helping towns sistance programs like section 8 vouch- egy for mitigating the impacts of carbon di- and regions across Connecticut invest ers could not be more important. oxide on climate change due to the reduction in their transportation, housing, land Senators MURRAY and BOND have in fuel use as a result of fewer trips needed use, and economic development needs. worked hard in recent years to ensure to deliver a given amount of freight. A re- That is, for example, this bill includes cent study found that more productive vehi- that the section 8 voucher program is cles could reduce fuel usage up to 39% with $1.5 million in funding for the city of adequately funded. Unfortunately, ini- similar reductions in greenhouse gas emis- Waterbury for the development of tial budget estimates that they re- sions. brownfield properties and the ceived from the Bush administration Furthermore, the allowance of more pro- Naugatuck River Greenway. This com- last year proved to be too low to ac- ductive vehicles on the Interstate will help munity faces a 12.7 percent unemploy- commodate the needs of the program. to alleviate Maine’s current economic dis- ment rate and millions of square feet of In recent months, we have seen news- advantage. Jurisdictions surrounding Maine unused, factory space contaminated by all have significantly higher weight limits paper accounts of section 8 funding on their highways. New Hampshire and Mas- generations of brass production and in- shortfalls in communities around the sachusetts both allow trucks up to 99,000 lbs. dustrial uses. Funding for development country, with families worried that and Canada allows for truck weights greater of former brownfield sites in Waterbury they would have their housing assist- than 100,000 lbs. Maine’s inability to allow has been a target on this Senate floor. ance reduced or terminated altogether. for higher weight limits has made it a vir- An amendment was offered to strip The funds provided by this amendment tual island unto itself. away this project’s funding. For Mem- will help ease the minds of many fami- ATA encourages the Committee to include bers of this body who have never vis- the Maine pilot project as part of the final lies. FY 2010 THUD Appropriations bill. This is ited Waterbury, I welcome them to I am also pleased that these funds good public policy and we commend Senator walk the streets of this city and ques- have been identified from within the Collins for her efforts to address Maine’s tion whether this community needs section 8 voucher account itself, so this needs. Federal assistance to redevelop prop- solution is also budget-neutral. TIMOTHY P. LYNCH, erties that have been long-contami- I would be remiss if I did not thank Senior Vice President, nated, abandoned, and blighted. There Senators MURRAY and BOND for their Office of Legislative Affairs have been investments on the local and good work in assembling this chal- Mr. DODD. Madam President, several State level to provide this city with lenging bill. The Transportation-HUD of my colleagues offered amendments the tools they need to thrive. It is only appropriations bill is responsible for that would prohibit funding for indi- just that the Federal Government do funding our national transportation in- vidual transportation and housing the same. frastructure, vital housing assistance projects in the underlying bill, includ- Our ability to foster economic and funding to combat homelessness, ing several important projects for Con- growth through sustainable develop- and aid to our hard-pressed cities and necticut. I question the judgment of ment in Connecticut depends on our towns. In this bill, the Senators have my colleagues who attack specific pro- ability to have affordable housing and been able to provide valuable HUD grams without regard for the purpose assist homeowners struggling to keep funding increases for priorities such as these projects serve or the impact they their homes in this financial downturn. public housing, section 8 assistance, will have in the commuunity. I also By providing the resources to keep peo- and community development block question the notion that Washington ple in their homes and assistance to grants. I also appreciate the bill’s knows better than the communities communities to expand affordable strong funding for transportation, and and States which projects will provide housing, we can truly strengthen our particularly public transportation pro- critical services, stimulate their local economy. That is why this bill includes grams. economies, and preserve jobs. critical funding for housing and fore- Finally, I would like to thank my I would like to take this opportunity closure programs across Connecticut. colleagues for the $100 million they to explain some of the critical funding The bill makes investments in regions, provided for competitive capital grants for Connecticut in this important legis- including funds for the Southeastern to transit agencies seeking to reduce lation. Connecticut Housing Alliance in Nor- energy consumption and greenhouse In my State of Connecticut, home to wich to provide technical assistance to gas emissions. Senator SHELBY and I some of America’s most frustrating communities in New London County to worked with the managers to include traffic congestion, transit is the future increase affordable housing and sup- these grants in the economic recovery of transportation. Investments in sus- port for the Urban League of Southern bill earlier this year. We appreciate tainable development have resulted in Connecticut to provide for foreclosure their continued support for this initia- the creation of job centers and residen- prevention assistance programs to all tive. tial communities built around transit of Connecticut. In central Connecticut, Mrs. MURRAY. Madam President, we stations, all the while serving to clear funding will support foreclosure pre- are now on final passage. I urge all of space on the roads. This transportation vention and homeownership initiatives our colleagues to vote yes. funding bill includes $4 million for im- in Middletown. Mr. BOND. Madam President, I join provements to the New Haven-Hart- This bill provides nearly $17 million with my colleague in thanking all ford-Springfield rail line, which would for the State of Connecticut, rep- Members and urging an aye vote. establish both faster intercity and resenting investments in critical pro- The PRESIDING OFFICER. Under commuter rail service between New grams and services to help the people the previous order, the committee Haven, Hartford, and Springfield, pro- of my State. This bill supports local of- amendment in the nature of a sub- vide residents of central Connecticut ficials and organizations that know stitute is agreed to. The motion to re- with better access to southwest Con- best the needs of their communities. It consider is considered made and laid on necticut, New York City, western Mas- represents jobs and economic growth the table. sachusetts, and Vermont. It also in- and I am proud to support it. The question is on the engrossment cludes nearly $10 million in transit-re- Madam President, I was pleased to of the committee amendment and third lated projects across the State, includ- join with my colleagues Senator MUR- reading of the bill. ing the development of the RAY and Senator BOND to provide The amendment was ordered to be Thompsonville Intermodal Transpor- much-needed funding to avoid termi- engrossed and the bill to be read a tation Center in Enfield, a passenger nations of section 8 housing voucher third time.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9541 The bill was read the third time. EXECUTIVE SESSION Mr. KYL. The following Senator is Mrs. MURRAY. I yield back our time necessarily absent: the Senator from and ask for the yeas and nays. Wyoming (Mr. ENZI). The PRESIDING OFFICER. Is there a NOMINATION OF GERARD E. The PRESIDING OFFICER. Are there sufficient second? LYNCH TO BE UNITED STATES any other Senators in the Chamber de- CIRCUIT JUDGE FOR THE SEC- There is a sufficient second. siring to vote? OND CIRCUIT—Continued The question is, shall the bill as The result was announced—yeas 94, amended pass: The PRESIDING OFFICER. Under nays 3, as follows: The clerk will call the roll. the previous order, the Senate will pro- [Rollcall Vote No. 288 Ex.] The assistant legislative clerk called ceed to executive session to vote on the YEAS—94 the roll. nomination of Gerard E. Lynch, of New Akaka Feingold Mikulski Mr. DURBIN. I announce that the York, to be U.S. circuit judge for the Alexander Feinstein Murkowski Barrasso Franken Senator from Louisiana (Ms. Second Circuit. Murray There is 2 minutes of debate equally Baucus Gillibrand Nelson (NE) LANDRIEU) is necessarily absent. Bayh Graham divided. Nelson (FL) The PRESIDING OFFICER (Mrs. Begich Grassley Pryor The Senator from Vermont is recog- Bennet Gregg SHAHEEN). Are there any other Sen- Reed nized. Bennett Hagan Reid ators in the Chamber desiring to vote? Bingaman Harkin Mr. LEAHY. Madam President, it is Risch Bond Hatch The result was announced—yeas 73, Roberts Constitution Day. Two hundred twen- Boxer Hutchison nays 25, as follows: Rockefeller ty-two years ago today, the Constitu- Brown Inouye Sanders [Rollcall Vote No. 287 Leg.] tional Convention finished its work Brownback Isakson Burr Johanns Schumer YEAS—73 and proposed our fundamental charter. Burris Johnson Sessions Akaka Franken Nelson (NE) With this vote, the Senate will fi- Byrd Kaufman Shaheen Alexander Gillibrand Nelson (FL) nally begin fulfilling one of its most Cantwell Kerry Shelby Baucus Gregg Pryor important constitutional duties by Cardin Klobuchar Snowe Begich Hagan Carper Kohl Specter Reed granting consent to the President’s Bennet Harkin Reid Casey Kyl Stabenow Bennett Hatch Roberts lifetime appointment to the Federal ju- Chambliss Lautenberg Tester Bingaman Hutchison Rockefeller diciary. This is the first Federal circuit Cochran LeMieux Thune Bond Inouye Sanders Collins Leahy Udall (CO) Boxer Johanns court judge the Senate has confirmed Conrad Levin Schumer Udall (NM) Brown Johnson all year. The Senate has yet to confirm Corker Lieberman Shaheen Vitter Brownback Kaufman a single district court judge. Judicial Cornyn Lincoln Voinovich Burris Kerry Shelby Crapo vacancies have spiked and could ap- Lugar Warner Byrd Klobuchar Snowe DeMint McCain Webb Cantwell Kohl Specter proach 120 soon. Dodd McCaskill Whitehouse Cardin Lautenberg Stabenow We all know Judge Lynch is an out- Dorgan McConnell Carper Leahy Tester Durbin Menendez Wicker standing judge and will make an excel- Wyden Casey Levin Udall (CO) lent circuit judge. His nomination has Ensign Merkley Cochran Lieberman Udall (NM) Collins Lincoln Voinovich been on the calendar awaiting Senate NAYS—3 Conrad Lugar Warner action for more than 3 months. I am Bunning Coburn Inhofe Dodd Menendez Webb glad his wait is finally over. The Presi- NOT VOTING—2 Dorgan Merkley Whitehouse dent made a good nomination, and the Durbin Mikulski Wicker Enzi Landrieu Feingold Murkowski Wyden Senate should grant consent so that Feinstein Murray Judge Lynch’s appointment may fi- The PRESIDING OFFICER. Under NAYS—25 nally proceed. the previous order, the motion to re- consider is considered made and laid on Barrasso DeMint McCain The PRESIDING OFFICER. The Sen- Bayh Ensign McCaskill ator from Alabama. the table. The President will be imme- Bunning Enzi McConnell Mr. SESSIONS. Madam President, diately notified of the Senate’s action. Burr Graham Risch this nominee is a brilliant lawyer and f Chambliss Grassley Sessions an excellent, hard-working judge. He Coburn Inhofe Thune LEGISLATIVE SESSION Corker Isakson Vitter has made a number of speeches in the Cornyn Kyl past which evidenced an activist phi- The PRESIDING OFFICER. The Sen- Crapo LeMieux losophy. I voted against him in 1997 ate will resume legislative session. NOT VOTING—1 when he came up. And absent one or f Landrieu two opinions since then, it seems he DEPARTMENT OF THE INTERIOR, has done an excellent job on the bench. The bill, H.R. 3288, as amended, was ENVIRONMENT, AND RELATED I remain concerned that we are see- passed, as follows: AGENCIES APPROPRIATIONS ing a pattern of nominees who believe ACT, 2010—Continued (The bill will be printed in a future they have the power to amend the Con- edition of the RECORD.) stitution. One—not this one—has said AMENDMENT NO. 2394 Mrs. MURRAY. Madam President, I he can make footnotes to the Constitu- The PRESIDING OFFICER. There move to reconsider the vote and lay tion. But this nominee is a man of good are now 2 minutes of debate prior to a that motion upon the table. integrity, a proven record on the vote in relation to amendment No. 2394 The motion to lay upon the table was bench, and I will support the nomina- offered by the Senator from Nebraska, agreed to. tion. Mr. JOHANNS. The PRESIDING OFFICER. Under I yield the floor. The Senator from Nebraska. the previous order, the Senate insists The PRESIDING OFFICER. The Mr. JOHANNS. Madam President, on its amendment and requests a con- question is, Will the Senate advise and this morning I presented the argument ference with the House on the dis- consent to the nomination of Gerard E. on this amendment to the Senate. The agreeing votes of the two Houses. Lynch, of New York to be U.S. Circuit question was raised: We don’t think The chair appointed Mrs. MURRAY, Judge for the Second Circuit? there is money that comes out of this Mr. BYRD, Ms. MIKULSKI, Mr. KOHL, Mr. Mr. SESSIONS. Madam President, I budget relative to this organization, DURBIN, Mr. DORGAN, Mr. LEAHY, Mr. ask for the yeas and nays. ACORN. I went back to the office and HARKIN, Mrs. FEINSTEIN, Mr. JOHNSON, The PRESIDING OFFICER. Is there a did some research. This is a bill that Mr. LAUTENBERG, Mr. SPECTER, Mr. sufficient second? There appears to be. controls hundreds of grant programs. INOUYE, Mr. BOND, Mr. SHELBY, Mr. The clerk will call the roll. After studying that, it appears I was BENNETT, Mrs. HUTCHISON, Mr. The bill clerk called the roll. right. ACORN gets money out of this BROWNBACK, Mr. ALEXANDER, Ms. COL- Mr. DURBIN. I announce that the appropriations. LINS, Mr. VOINOVICH, and Mr. COCHRAN, Senator from Louisiana (Ms. Moments ago my staff brought me in- conferees on the part of the Senate. LANDRIEU) is necessarily absent. formation that would suggest that

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9542 CONGRESSIONAL RECORD — SENATE September 17, 2009 ACORN has, in fact, received funding. knowledge—and the staff has scrubbed Kohl Murkowski Specter The EPA is a part of this bill. If Mem- the bill—there is no money for ACORN Kyl Nelson (NE) Stabenow Lautenberg Nelson (FL) Tester bers go to this bill at page 182, they in the Interior appropriations bill. To LeMieux Pryor Thune will see the EPA is there. We went to do this is to set a precedent to do this Levin Reed Udall (CO) the EPA Web site. Here is what the on every single appropriations bill. Lieberman Reid Udall (NM) Lincoln Risch Web site says, referencing a grant pro- This morning I said to the distin- Vitter Lugar Roberts Voinovich McCain Rockefeller gram, that it is a collaboration of non- guished Senator from the great State Warner McCaskill Schumer profit organizations led by Ellis Ham- of Nebraska: We will take this amend- Webb McConnell Sessions Wicker ilton. ment. He refused. I guess all of this is Menendez Shaheen Mr. LEAHY. Madam President, these really to show people. It is unneces- Merkley Shelby Wyden videotapes that are the excuse for this sary. It delays. This is an important Mikulski Snowe amendment understandably have of- bill. We would like to get it passed. NAYS—11 fended most who have heard about Please vote no. Akaka Durbin Leahy them, including me. I detest the stu- The PRESIDING OFFICER. The time Bingaman Feinstein Sanders pidity and crassness that they depict. of the Senator has expired. Burris Gillibrand Whitehouse If people have acted improperly, they Mr. JOHANNS. I ask unanimous con- Casey Harkin should be fired, and if they have acted sent for an additional 30 seconds. NOT VOTING—3 illegally, they should be prosecuted. Mrs. FEINSTEIN. I object. Enzi Landrieu Murray Period. The Obama administration has The PRESIDING OFFICER. Objec- The amendment (No. 2394) was agreed been equally critical. tion is heard. to. ACORN is not the reason for my vote. The majority leader. Mrs. FEINSTEIN. I move to recon- There is not even an ACORN office in Mr. REID. Madam President, I wish sider the vote. my entire State. Nor, for that matter, to inform all Members, this will be the Mr. ALEXANDER. I move to lay that is there any reason to believe that this last vote today. Tomorrow is a Jewish motion on the table. group ever has or ever would have any holiday. We will not be in session to- The motion to lay on the table was interest or expertise in applying for morrow. We will be in session Monday agreed to. competitive grants under the programs for Senators to offer amendments on Mr. INOUYE. Madam President, I funded in this Interior appropriations the Interior appropriations bill. There submit pursuant to Senate rules a re- bill. will be no votes on Monday. There will port, and I ask unanimous consent that Everyone—except perhaps many of be a vote or two prior to the caucus on it be printed in the RECORD. the casual observers who are the target Tuesday. Members with a pent-up de- DISCLOSURE OF CONGRESSIONALLY DIRECTED audience of the orchestrated anti- sire to offer amendments, the floor will SPENDING ITEMS ACORN frenzy—knows that score-at- be theirs all day Monday. We will come I certify that the information required by any-price partisanship is being mixed rule XLIV of the Standing Rules of the Sen- in as early as they want to start offer- ate related to congressionally directed in an unseemly way with public policy. ing amendments. We need to move for- For more than a year—since long be- spending items has been identified in the ward on these appropriations bills. I committee report which accompanies H.R. fore these videotapes were made—it appreciate everyone’s cooperation get- 2996 and that the required information has has been well known that a partisan ting this Transportation bill done. This been available on a publicly accessible con- project has been launched to demonize is the fifth one we have completed. We gressional website at least 48 hours before a ACORN. ACORN in several ways has have seven more to go. vote on the pending bill. made easy work of that. Mr. JOHANNS. I ask for the yeas and The PRESIDING OFFICER. The Sen- To me, this knee-jerk injection of nays on amendment No. 2394. ator from Ohio. politics into the competitive grant The PRESIDING OFFICER. Is there a Mr. BROWN. Madam President, I ask process is the real issue here. Congress sufficient second? unanimous consent to speak as in should not compound the wrongful and There appears to be. morning business for up to 10 minutes. stupid actions depicted on these videos The PRESIDING OFFICER. Without The question is on agreeing to the by deciding to set political standards objection, it is so ordered. amendment. for competitive Federal grants. Federal Mrs. FEINSTEIN. Madam President, The clerk will call the roll. agencies use a nonpartisan review proc- before the Senator begins, I wonder if I The assistant legislative clerk called ess to award grants to the most com- might simply say that the floor is open the roll. petitive applicants. Just as I would be for any amendments to the bill. So if Mr. DURBIN. I announce that the against banning other specific organi- Members are in their offices and would Senator from Louisiana (Ms. zations on the right or on the left from like to come down and present an LANDRIEU) and the Senator from Wash- applying for competitive grants, I be- amendment, following Senator BROWN ington (Mrs. MURRAY) are necessarily lieve it is harmful, even though pop- would be a good time. absent. ular, to approve an amendment such as Thank you, Madam President. this. Mr. KYL. The following Senator is Mr. BROWN. Madam President, I It is unseemly to allow use of a par- necessarily absent: the Senator from thank the senior Senator from Cali- tisan playbook to run roughshod over Wyoming (Mr. ENZI). fornia for her indulgence and her good long-established competitive grant pro- The PRESIDING OFFICER. Are there work on this legislation and for her cedure. The admittedly few votes that any other Senators in the Chamber de- leadership generally. were cast against this amendment, siring to vote? HEALTH CARE REFORM against the tide of popular opinion, The result was announced—yeas 85, Madam President, I come to the floor have at least made it more likely that nays 11, as follows: almost every day to share letters from in calmer moments months or years [Rollcall Vote No. 289 Leg.] constituents in Ohio that tell a story from now, there may at least be some YEAS—85 about how they have worked within thought invested before Congress again Alexander Cardin Franken the health care system. Some of these acts to inject raw political partisan- Barrasso Carper Graham stories will break your heart. Some of Baucus Chambliss Grassley these stories are all too common in my ship from the left or from the right— Bayh Coburn Gregg into the competitive grant mechanisms Begich Cochran Hagan State and around the country. Whether of Federal agencies. Bennet Collins Hatch it is in Lima or Toledo or Ravenna or The PRESIDING OFFICER. The Sen- Bennett Conrad Hutchison Saint Clairsville, people who often- Bond Corker Inhofe ator from California. Boxer Cornyn Inouye times thought they had good insur- Mrs. FEINSTEIN. Madam President, Brown Crapo Isakson ance, who had paid their premium as chairman of the committee, I urge a Brownback DeMint Johanns month after month, year after year, ‘‘no’’ vote on this amendment. We Bunning Dodd Johnson had gotten very sick, spent a lot of Burr Dorgan Kaufman voted on this yesterday. The vote was Byrd Ensign Kerry money on biologic drugs and on hos- compelling, 87 to 7. To the best of our Cantwell Feingold Klobuchar pital stays and then their insurance

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9543 was canceled so their insurance was change. They will then be able to attend physical therapy because my insur- not there when they needed it, even choose among an Ohio company such ance stopped. I can’t afford private medical though they paid month after month as Medical Mutual or Aetna or CIGNA insurance. I am on Medicaid, but Medicaid doesn’t cover all of my needed physical ther- after month. or the public option. They will have a apy. I now have to do my therapy at home Let me take 5 minutes to share three choice and they then make their deci- just as I was starting to make real improve- or four of these letters from people sion based on what plan works for ment with my physical therapy. In a short around Ohio. them. If their income is only $1,500 a time without therapy a person will lose ev- The first one comes from Robert and month, $1,600 a month, as Robert’s and erything they tried so hard to gain. Wouldn’t Shirley from Clinton County. Clinton Shirley’s income is, then they will get it be better to continue the therapy until re- County is Wilmington, OH, just 60, 75 some assistance for paying for that in- covery is made. In the long run, wouldn’t it miles or so northeast of Cincinnati. surance so they can have much better be less costly to the public? Robert writes: insurance. Kimberlee is right. Most of us in this I recently retired after working 38 years in Valorie, from Geauga County, says: body are lucky enough to be pretty healthy. We have good insurance. We the same company, where we paid for our I have always been concerned about the medical coverage under the company plans. availability for affordable health care for aren’t in jobs that age us quickly like After retirement they grouped me and my those less fortunate than my husband and my father-in-law who worked in a util- wife in a retired group and our price plan myself. But never has this necessity been ity company plant for years and wore went up tremendously. driven home than this past February when his body out in so many ways. It is My wife and I are both 57 years of age and we both lost our jobs due to the economy. hard for us to empathize with some- until recently we were both really healthy. Once my severance package runs out, I will Recently I was diagnosed with type 2 Dia- body like Kimberlee. She is 52 years not be able to pick up health insurance for old, a stroke survivor, needs physical betes, and my wife was diagnosed with type my husband and myself. We are both close to 1 Diabetes and [then] developed other med- therapy and can’t afford to get it. What 60. We will probably have a difficult time kind of health care system is this? For ical conditions. finding jobs. I am grateful the President en- As so often occurs, diabetes, unfortu- abled us to have COBRA benefits we could af- somebody who has worked hard, is 52, nately, leads to other medical condi- ford, but they will soon expire. What will we has had a stroke, wants to do what she tions. do after that? needs to do in physical therapy—and Robert writes: COBRA gives you, after you lose your that is no fun. Anybody who has had it I would like to share some numbers with job, an opportunity to continue your knows it is not a vacation; it is hard you: health insurance for a year and a half. work. She wants to do that. She can’t My retirement income is: $1,680.00 per You pay the part of the health insur- get the treatment. Likely she will get month. sicker. If we can’t pass this health in- My medical insurance is: $1,253.00 per ance you were paying when you were employed but, unfortunately, you have surance reform—we will pass it, but if month. we can’t, it means her life will be more to pay the employer’s side of the My [drug plan] is: $251.00 per month. and more difficult and probably more My dental is: $45.00 per month. health insurance also, even though expensive ultimately for the health your income has dropped to close to That means he is paying $1,549 a care system because she will end up nothing. President Obama, in the stim- month for drugs, dental care, and med- more likely back in the hospital with ulus package we passed back in Feb- ical insurance. His retirement income more physical problems than she had ruary, included assistance for people in is $1,680 a month. earlier. He then writes: COBRA where the government, I be- The last letter I wish to share, and I must say that my wife and I are very dis- lieve for a year, paid 60 percent of then turn the floor back to the senior appointed in the way that some Democrats those COBRA costs, allowing people to Senator from California, is from Alice are going to the backing of the ‘‘Party Of keep their health care. But once from Franklin County in central Ohio. NO,’’ without taking into consideration the COBRA expires, as Valorie says, they It is the county where the State cap- Democratic Party has always been for the have problems. working man and woman. itol is located in Columbus. She writes: I am worried and I pray that neither of us What Robert writes is that too often When I was between jobs, I purchased indi- becomes ill because we cannot now afford vidual coverage for my family. It was dif- people in this situation—they retire our medical visits. I know there are others in ficult to navigate and confusing, but COBRA and, in his case, he had worked for a the same predicament. It is my hope Con- is much too expensive for the average per- company for 38 years. They had been gress can work on some reasonable solutions son, including me. I am a woman in my 30s. relatively healthy. Then they got sick. for all who need affordable health insurance. One insurance company discouraged me from They have paid into insurance all these Valorie is not much different from getting a maternity rider for the policy. years. It sounds like insurance compa- Robert and Shirley in that she is close Without this rider I would not be covered if nies have found them pretty profitable to retirement but not yet Medicare I became pregnant. I managed to avoid get- over the years because they have not age; not for another half decade or so ting pregnant during this period, but con- for Valorie, and she doesn’t have much sider if I had. How many people must be in been sick. All of a sudden, when they this situation? What about for my brother- get sick—they are retired—their insur- income now. She has lost her job. Her in-law and his wife? Both are schoolteachers. ance costs have gone up so dramati- husband lost his job. She could benefit They decided it was better for her to stay cally. greatly from going into either the pub- home with their daughter and newborn, but That is not what insurance is sup- lic option—but it is her choice—or they couldn’t afford to put his wife on a posed to do. Aetna or CIGNA or Medical Mutual or health plan. Right after the baby was born, What our legislation will do is give any of the other private insurance my sister-in-law had a seizure and was diag- people, particularly those at those ages plans, and she would look at which one nosed with a brain tumor. They got most of between 57 and 65—because we are leav- works for her best. She would get some it. She seems fine, but I can’t imagine what that is going to cost. They have two babies ing Medicare alone. We are going to ac- assistance in paying her premiums, but and a house they bought a couple of years tually make Medicare better because she would be paying less because those ago. Now they will probably have hundreds we are going to close that doughnut plans would have less cost than cer- of thousands of dollars in medical bills. The hole so people with expensive drugs can tainly she could get in the private mar- current system is bankrupting families. I get more assistance from the govern- ket which always charges more money. don’t know why the opposition can’t see how ment from the Medicare plan. So we The third letter is from Kimberlee this is dragging people down. make Medicare better. from Perrysburg, OH, a Toledo suburb. That is kind of the whole point. But in this 8 years, for Robert and Perrysburg has more solar energy jobs These are people who are working, Shirley, between retirement and Medi- than any other city in the country. I doing things right. Both were school- care, somebody has to help them a lit- just add that for a little commercial teachers. They decided that she would tle more. They have paid their dues. for Perrysburg and my State. stay home with the two young chil- They have paid into insurance. He has Kimberlee says: dren. They bought a house. They are worked 38 years at the same company. I am a 52-year-old woman and stroke sur- going to be faced with hundreds of Our legislation will allow them to go vivor. I am still in the recovery process, but thousands of dollars in medical bills. into the exchange, the insurance ex- my left side is still paralyzed. I can no longer How many people in this country—we

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It is a very Any alternative system that the United treatment—how many people like that significant decision. I want to give it States Government considers deploying in end up in bankruptcy because they more thought. I don’t want to over- Europe to provide for the defense of Europe don’t have enough insurance or they state the problem. However, I wish to and a redundant defense of the United States be on record today as saying this is a against future long-range Iranian missile have the wrong kind of insurance and threats should be at least as capable and they got unlucky and got sick. It surprising decision, one that I have cost-effective as the proposed European de- doesn’t make sense for us, in a country been involved in the discussion of for ployment of the Ground-based Midcourse De- where people do things right—they are quite a number of years, and I feel as if fense system; and any missile defense capa- working hard, they are playing by the it is a big error. bilities deployed in Europe should, to the ex- rules, they are paying their taxes, con- What happens? We asked our allies in tent practical, be interoperable with United tributing to society, and they are pub- Central Europe, Poland, and the Czech States and North Atlantic Treaty Organiza- tion. lic schoolteachers, and then somehow Republic to stand with us and to agree their insurance doesn’t work well to place a radar in the Czech Republic Indeed, NATO endorsed this program. For a while, some of our Members enough for them and they go into and to place our defensive missile interceptors in Poland. The heads of said, Well, I am not too sure about bankruptcy. What purpose does that this. What does NATO say? NATO did serve for any of us in this great coun- those governments agreed to that. There was a lot of opposition here in endorse it. This action of backing down try? from our European-site Missile Defense These health care bankruptcies will the United States to the proposal. system sends an overt signal to our al- drop dramatically in number, will al- Likewise, there was opposition ex- lies that we don’t fulfill our commit- most be eliminated with this health pressed in Poland and the Czech Repub- ments, and it is bound to make our al- care bill. People occasionally may fall lic from the traditional European left, many of them Marxists or hard-line lies in Central Europe particularly through the cracks, but once we pass nervous. This decision sends a message our health insurance reform, we are leftists who have opposed the West’s and the world’s defense program for from the administration that we re- not going to read in the paper anymore ward bad behavior. that people have had to file for bank- many years. However, that opposition was overruled and these nations were The defense of this decision to aban- ruptcy because they got sick and their don this program is that we are not insurance didn’t work. That is reason proud to be and to stand with the United States of America. It did not doing this to curry favor with Russia, enough to vote for this legislation. but that clearly is a State Department bother them that their big neighbor, I ask my colleagues to work together goal in this process because the Rus- Russia, objected. They are a sovereign in as bipartisan a way as possible to sians have objected to the deployment nation of which they are quite proud. pass this legislation. The Health, Edu- of this system—although it had vir- They were proud to make a decision cation, Labor and Pensions Committee, tually no capability with 10 intercep- and reach an agreement with the on the bill we wrote this July, accepted tors in Poland to in any way defend United States of America that could 161 Republican amendments. There is a against the massive arsenal that the defend this country from limited mis- lot of bipartisanship to a lot of this old Soviet Union developed and that sile attack from a rogue nation such as bill. The big question is the very great Russia now maintains. philosophical differences. Most Demo- Iran. If Iran were to launch a missile So it does appear to be an attempt to crats support a public option. We think attack that could reach the United placate Russia at the expense of our people should have more choice, make States, its path would take it over Eu- great allies, the Czech Republic and insurance companies more honest. Re- rope, and European nations were not Poland. And we are walking away from publicans philosophically don’t support immune to the threat of such an at- a bipartisan commitment to national the public option. They think it is too tack on their soil. missile defense on a European site, as I much government. But most Repub- So they felt they were participating noted, included in the National Defense licans also didn’t support the creation both in the defense of Europe and in Authorization Act for 2010. We accept- of Medicare. I think in the end, a lot of the defense of the United States, and it ed the sense-of-the-Senate language Republicans will join us because they was a good government public interest unanimously because both parties want to be on the right side of history. decision that they were pleased to par- agreed to this. Senator LIEBERMAN and They want to be part of something that ticipate in and stood up with us. We I were the primary sponsors, along is going to make a big, positive dif- made a commitment to Poland and the with Senator BEGICH and others on the ference in the lives of tens of millions Czech Republic, of course, when we Democratic side, and a strong contin- of Americans. asked them to do this and go through gent of Republicans. I thank the Chair and I yield the this process to build a system. Let me say this about the whole sys- floor. For years, we have been moving for- tem. I am worried—and I hope my col- The PRESIDING OFFICER. The Sen- ward with that plan in mind in the leagues will take this point under con- ator from California. Senate. This year, we had quite a bit of sideration. We have spent approxi- Mrs. FEINSTEIN. Madam President, discussion about it in the Senate and mately $20 billion developing some- it is my understanding that the distin- we reached an agreement that I think thing many people believed would guished ranking member of the Judici- pretty much stated flatly what our po- never work; that is, the ability to ary Committee wishes to speak as in sition. There were some who objected, intercept in space an incoming ICBM morning business and I certainly have and this is how we modified the lan- missile and hit it bullet to bullet. We no objection. guage to finally state: don’t even deploy or utilize explosives. The PRESIDING OFFICER. The Sen- It is the sense of the Senate that (1) the The kinetic energy is so great that it ator from Alabama. United States Government should continue destroys the target when it hits. Our developing and planning for the proposed de- MISSILE DEFENSE military experts have said that if Mr. SESSIONS. Madam President, I ployment of elements of a Ground-based North Korea were to be able to success- Midcourse Defense system, including a mid- wish to thank the Senator from Cali- course radar in the Czech Republic and fully launch a missile, they believe fornia. Her courtesy is legendary in Ground-based interceptors in Poland, con- they could knock it down. We are im- this body and I thank her for that. sistent with the Duncan Hunter National De- proving our system as we have a num- I am taken aback and flabbergasted fense Act of 2009. ber of them deployed, and we plan to by the Obama administration’s deci- Paragraph 2 says: deploy more. Yet this year’s budget sion announced today to cancel the Eu- In conjunction with the continued develop- was a stunning retrenchment in our ropean missile defense site. I ask, what ment of the planned Ground-based Midcourse missile defense system. Let me summa- does that mean? What will be the con- Defense system, the United States should rize the things that occurred.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9545 Even though this language con- and it passed the Senate just a few Diplomats here say Moscow hardliners templated moving forward in Europe, weeks ago. I believe it is the right pol- could read the shield backdown as a sign of this is what we did regarding the icy. I think the administration is try- Washington’s weakness. Far from doing the United States. For quite a number of bidding of the United States, they may in- ing to do some, perhaps, good things. stead press for further gain to shore up Rus- years, we planned to deploy 44 inter- They think maybe they are attempting sian power in the former Soviet bloc. ceptor missiles—most in Alaska and a to placate or somehow reach out to That is the Czech Republic, Ukraine, number in California. We talked about Russia and gain some strategic advan- Georgia, Poland, the Baltics, Latvia, what to do about the Iranian threat, to tage from that—although the Sec- Estonia, Lithuania, and Hungary. provide redundant coverage for those retary of Defense, I understand, today The author goes on to say: missiles coming over from the east. We said it didn’t have anything to do with Ukraine, Georgia, and other Kremlin foes agreed that we would seek the agree- the Russian foreign policy, and I am in the ex-Soviet Union may be the first to ment of Poland and the Czech Republic not sure the administration acknowl- feel the consequences. to base assets there. Fifty-four inter- edges that either. ‘‘The Czech premier, Poland and the Czech Republic are also ceptors were to be deployed, 10 at the Jan Fischer, said Thursday’’—this is in nervous. In Warsaw, the timing of the U.S. European site and 44 on the West Coast an Associated Press article—‘‘that move is particularly delicate as it coincides of the United States. What happened in President Barack Obama told him with the 70th anniversary of the Soviet inva- this year’s budget was that the 44 to be sion of eastern Poland. Washington had decided to scrap the Analysts are particularly concerned about deployed in Alaska and California have plan that had deeply angered Russia.’’ Ukraine, which faces a presidential election been cut to 30. It seems to me that is a part of it. next January. Most of Russia’s vast gas ex- The next technological advance to Let’s go to the core of this Russian ports flow through its territory and the our missile defense system, the MEV— objection. As I have said on the floor, country reluctantly hosts a large Russian multikill vehicle—would be the war- Russia knows this system poses no naval base. head which could take out multiple in- threat to their massive arsenal. They I don’t know what the geopolitical coming missiles with one missile. We know that. Their objection to this sys- goals are here. I think it is a mistake think that was very capable tech- tem has been, in my view, a political not to deploy this system we com- nology that would be developed. That objection, a foreign policy bluster and mitted to deploying. I believe we are was zeroed out. gambit to try to create a problem with not going to be able to rely on the good We had an additional system of a the United States and extract some- faith of the Russians, and I think they smaller but very high-speed inter- thing from us. They consistently op- may misread what we have done. In- ceptor, called a kinetic energy inter- pose it. stead of leading to further accommoda- ceptor, KEI, that has been on the draw- Let’s note the Reuters news article tion, it may lead to emboldening them ing board for a number of years and is today by Michael Stott, which is an to go forward with further demands showing a great deal of promise. That analysis of this. The headline of the ar- against the United States. was zeroed out after years of funding. I thank the Chair and yield the floor. We had plans and were working on ticle is ‘‘Demise of U.S. shield may em- bolden Russia hawks.’’ In other words, The PRESIDING OFFICER. The Sen- the airborne laser, ABL, an amazing ator from California is recognized. technology that our Defense Depart- this weakness, this retreat, this back- f ment believes will work—and we will ing down may well encourage them to test it this year. The airborne laser can believe that if they are more MORNING BUSINESS knock down missiles, particularly in confrontational on other matters, they Mrs. FEINSTEIN. Madam President, their ascent phase from an airplane. may gain more than by being nice to I ask unanimous consent that the Sen- That missile system, after this year, this administration. ate proceed to a period of morning The lead paragraph said: will be zeroed out. business, with Senators permitted to The 10 missiles we intended to base Washington hopes that by backing away speak therein for up to 10 minutes in Central Europe have been elimi- from an anti-missile system in east Europe, it will get Russian cooperation on every- each. nated, it appears. At least that has The PRESIDING OFFICER. Without been the President’s recommendation thing from nuclear weapons cuts to efforts to curb Iranian and North Korean nuclear am- objection, it is so ordered. and decision that we heard about bitions. Mrs. FEINSTEIN. Madam President, today. But will Moscow keep its side of the bar- I suggest the absence of a quorum. So I would say this: We believe, look- gain? The PRESIDING OFFICER. The ing carefully at the numbers and put- That is a good question. clerk will call the roll. ting in some extra loose change, for $1 Mr. Stott goes on in his perceptive The legislative clerk proceeded to billion, we could fully deploy the full article to say: call the roll. system—with the full compliment of 44 Mr. ALEXANDER. Madam President, missiles in the United States and 10 in With the shield now on the back burner, I ask unanimous consent that the order both sides believe a deal cutting long-range Europe. We have spent over $20 billion nuclear arsenals can be inked this year and for the quorum call be rescinded. to get to this point. So it is unthink- Russia has already agreed to allow U.S. mili- The PRESIDING OFFICER. Without able to me that we would eliminate tary cargos to transit across its territory en objection, it is so ordered. any future advancements in the sys- route to Afghanistan. f tem. I think, from a cost point of view, That is something we have been ask- ENERGY SPRAWL AND THE GREEN it is an unwise decision. ing them for some time, and they have ECONOMY I am concluding that money is not dangled it out there. Apparently, a val- Mr. ALEXANDER. Madam President, the problem. I can only conclude that uable but not critical ability to trans- Secretary of the Interior Ken Salazar the Obama administration has decided port cargo may have been gained from recently announced plans to cover 1,000 that they agree with the naysayers this. square miles of land in Nevada, Ari- who opposed President Reagan when he The author says: said this could ever be a successful sys- zona, California, Colorado, New Mex- Russian diplomacy is largely a zero-sum ico, and Utah with solar collectors to tem. They opposed it, and it looks like game and relies on projecting hard power to a political decision to me. Some sort of forced gains, as in last year’s war with Geor- generate electricity. He is also talking judgment decision to cancel this is in- gia over the rebel regions of Abkhazia and about generating 20 percent of our elec- volved here more than a dollars-and- South Osettia or the gas dispute with tricity from wind. This would require cents issue because in the scheme of a Ukraine at the start of the year. building about 186,000 50-story wind $500 billion-plus defense budget, $1 bil- Western concepts of ‘‘win-win’’ deals and turbines that would cover an area the lion over several years to complete the Obama’s drive for 21st century global part- size of West Virginia, not to mention system as planned is not the kind of nerships are not part of its vocabulary. 19,000 new miles of high-voltage trans- budget-breaking number that should The Western idea that if you cut a mission lines. cause us to change our policy. deal, both sides will benefit—that is Is the Federal Government showing Senator LIEBERMAN and I had offered not the way the Russians think. any concern about this massive intru- this sense of the Senate amendment, Continuing: sion into the natural landscape? Not at

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9546 CONGRESSIONAL RECORD — SENATE September 17, 2009 all. I fear we are going to destroy the from Chattanooga, TN, to Bristol, VA, INTRODUCTION environment in the name of saving the with wind turbines and still only Climate change is now acknowledged as a environment. produce one-quarter of the electricity potential threat to biodiversity and human The House of Representatives has we get from one reactor on 1 square well-being, and many countries are seeking passed climate legislation that started mile at the Tennessee Valley to reduce their emissions by shifting from out as an attempt to reduce carbon Authority’s Watts Bar nuclear plant. fossil fuels to other energy sources. One po- tential side effect with this switch is the in- emissions. It has morphed into an en- The 1,000-square mile solar project gine for raising revenues by selling car- crease in area required by some renewable proposed by Mr. Salazar would gen- energy production techniques. Energy pro- bon dioxide emission allowances and erate on a continuous basis 35,000 duction techniques vary in the spatial extent promoting renewable energy. megawatts of electricity. You could get in which production activities occur, which The bill requires electric utilities to the same output from 30 new nuclear we refer to as their energy sprawl, defined as get 20 percent of their power mostly reactors that would fit comfortably on the product of the total quantity of energy from wind and solar by 2020. These re- existing nuclear sites. And this does produced annually (e.g., TW lu-/yr) and the land-use intensity of production (e.g. km2 of newable energy sources are receiving not count the thousands of miles of huge subsidies all to supposedly create habitat per TW hr/yr). While many studies transmission lines that will be needed have quantified the likely effect of climate jobs and hurry us down the road to an to carry the newly generated solar America running on wind and sunshine, change on the Earth’s biodiversity due to cli- power through and to population cen- mate-driven habitat loss, concluding that a as described in President Obama’s in- ters. large proportion of species could be driven augural address. There is one more consideration. extinct, relatively few studies have evalu- Yet all this assumes renewable en- ated the habitat impact of future energy ergy is a free lunch, a benign so-called Solar collectors must be washed down once a month or they collect too much sprawl. It is important to understand the po- sustainable way of running the country tential habitat effects of energy sprawl, espe- with minimal impact on the environ- dirt to be effective. They also need to cially in reference to the loss of specific ment. That assumption experienced a be cooled by water. Where amid the habitat types, since habitats vary markedly rude awakening on August 26 when the desert and the scrubland will we find in the species and ecosystem processes they Nature Conservancy published a paper all that water? No wonder the Wildlife support. entitled ‘‘Energy Sprawl or Energy Ef- Conservancy and other environmental- Within the United States, the world’s larg- est cumulative polluter of greenhouse gases, ficiency: Climate Policy Impacts on ists are already opposing solar projects on some western lands. concern over climate change has led to the Natural Habitat for the United States consideration of a cap-and-trade system to of America.’’ Renewable energy is not a free lunch. regulate emissions, such as the previously The report by this venerable environ- It is an unprecedented assault on the proposed Lieberman-Warner Climate Secu- mental organization posed a simple American landscape. Before we find rity Act (S. 2191) and the Low Carbon Econ- question: How much land is required ourselves engulfed in energy sprawl, it omy Act (S. 1766). Major points of contention for the different energy sources that is imperative we take a closer look at in structuring a cap-and-trade system are power the country? The answers de- the advantages of nuclear power. the feasibility and desirability of carbon cap- serve far greater public attention. Madam President, I ask unanimous ture and storage (CCS) at coal plants, the creation of new nuclear plants, and whether By far, nuclear energy is the least consent to have printed in the RECORD to allow international offset programs that land intensive. It requires only 1 a summary of the Nature Conservancy permit U.S. companies to meet obligations square mile for one reactor, that is to paper entitled ‘‘Energy Sprawl or En- abroad. The rules of a cap-and-trade system, produce 1 million megawatt hours per ergy Efficiency,’’ which was published as well as technological advances in energy year, enough electricity for about on August 26. production and changes in the price of fossil 90,000 homes. Geothermal energy, There being no objection, the mate- fuels, will affect how the U.S. generates en- which taps the natural heat of the rial was ordered to be printed in the ergy. In this study we take scenarios of a Earth, requires 3 square miles. The RECORD, as follows: cap-and-trade system’s effect on United States energy production and evaluate each most landscape consuming are the ABSTRACT biofuels ethanol and biodiesel, which scenario’s impact on habitat due to energy Concern over climate change has led the sprawl. Our scenarios are based on the En- require up to 500 square miles to U.S. to consider a cap-and-trade system to ergy Information Administration (EIA) fore- produce the same amount of energy. regulate emissions. Here we illustrate the cast of energy production in 2030 under cur- Coal, on the other hand, requires 4 land-use impact to U.S. habitat types of new rent law (the ‘‘Reference Scenario’’), includ- square miles, mainly for mining and energy development resulting from different ing the renewable fuel standard of the En- extraction. Solar thermal heating, a U.S. energy policies. We estimated the total ergy Independence and Security Act of 2007, fluid with large arrays of mirrors and new land area needed by 2030 to produce en- and under three cap-and-trade scenarios: the using it to power a turbine takes 6 ergy, under current law and under various ‘‘Core Cap-and-Trade Scenario’’, where the square miles. Natural gas needs 8 and cap-and-trade policies, and then partitioned full Lieberman-Warner Climate Change Act petroleum needs 18. Wind farms require the area impacted among habitat types with is implemented; the ‘‘Few Options Sce- geospatial data on the feasibility of produc- nario’’, where international offsets are not over 30 square miles. tion. The land-use intensity of different en- allowed and where new nuclear production This sprawl has been missing from ergy production techniques varies over three and coal production with CCS are not pos- our energy discussions. In my home orders of magnitude, from 1.9–2.8 km2/ TW hr/ sible; and the ‘‘CCS Scenario’’, where Con- State of Tennessee, we just celebrated yr for nuclear power to 788–1000 km2/TW hr/yr gress enacts the Low Carbon Economy Act, a the 75th anniversary of the Great for biodiesel from soy. In all scenarios, tem- cap-and-trade system more favorable to coal Smoky Mountains National Park, perate deciduous forests and temperate with CCS. America’s most visited national park. grasslands will be most impacted by future Under each scenario, we first estimate the Yet there are serious proposals by en- energy development, although the mag- total new land area in the U.S. needed to ergy developers to cover mountains all nitude of impact by wind, biomass, and coal produce energy for each production tech- along the Appalachian chain from to different habitat types is policy-specific. nique as a function of the amount of energy Regardless of the existence or structure of a needed and the land-use intensity of produc- Georgia through the foothills of the cap-and-trade bill, at least 206,000 km2 will tion. We examine the effect of U.S. climate Smoky Mountains through the Blue be impacted without substantial increases in policy on future energy sprawl using energy Ridge Mountains of Virginia, all the energy efficiency, which saves at least 7.6 scenarios based on proposed legislation, way up to the White Mountains of New km2 per TW hr of electricity conserved annu- building on a body of literature on this topic. Hampshire with 50-story wind turbines ally and 27.5 km2 per TW hr of liquid fuels Note that our analysis focuses only on U.S. because the wind blows strongest conserved annually. Climate policy that re- land-use implications, ignoring other, poten- across mountaintops. I can tell from duces carbon dioxide emissions may increase tially significant international land-use im- the Presiding Officer’s smile that she is the areal impact of energy, although the plications of U.S. climate policy. Second, we thinking of the strong winds on the magnitude of this potential side effect may use available information on where new en- be substantially mitigated by increases in ergy production facilities would be located White Mountains which are among the energy efficiency. The possibility of wide- to partition this area among major habitat strongest in the entire United States of spread energy sprawl increases the need for types. We calculate the new area directly America. energy conservation, appropriate siting, sus- impacted by energy development within each Let’s put this into perspective. We tainable production practices, and compen- major habitat type, but do not attempt to could line 300 miles of mountaintops satory mitigation offsets. predict where within each major habitat

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It Our analysis provides a broad overview of today to recognize the critical role of what change in the energy sector will mean is the right thing to do to get housing structural steel in our nation’s infra- for area impacted in different natural habi- back on the track, especially in States structure and industrial economy. tat types, recognizing that such a broad such as Nevada, Florida, California, On September 18, 2009, Steel Day will analysis will inevitably have to simplify and Arizona. These states are still suf- be celebrated through events hosted parts of a complex world. fering when it comes to the housing in- nationwide. These events recognize the Mr. ALEXANDER. Madam President, dustry. Housing is at the root of a lot many employment opportunities the I suggest the absence of a quorum. of the economic problems we have in structural steel industry has provided The PRESIDING OFFICER. The this country. to American workers and the contribu- clerk will call the roll. I encourage this body to act. Chair- tion structural steel has made to our The legislative clerk proceeded to man Bernanke said the other day the construction industry as a safe, strong call the roll. recession is over. At 9.7 percent unem- and effective building material. Mr. ENSIGN. Mr. President, I ask ployment rate in this country, I don’t unanimous consent the order for the The structural steel industry is a think the recession looks to be over to major employer in Illinois and other quorum call be rescinded. those people still out of a job. My State The PRESIDING OFFICER (Mr. States across the country. Today, the of Nevada has over a 12-percent unem- BEGICH). Without objection, it is so or- United States has three major steel ployment rate. Clark County, where dered. mills and more than 2,600 steel fabrica- Mr. ENSIGN. I ask unanimous con- Las Vegas is, has over a 13-percent un- tors, which together employ over sent to speak as in morning business. employment rate. I don’t think folks 250,000 Americans. The PRESIDING OFFICER. Without living there think the recession is over. Roughly 98 percent of structured objection, it is so ordered. We need to continue to work to fix steel in a building can be recovered and f this economy, and this first-time home recycled and 93 percent of all columns buyer tax credit is a good place to and beams produced at U.S. steel mills FIX HOUSING FIRST start. are composed of recycled materials. In Mr. ENSIGN. Mr. President, my I yield the floor. fact, interest in domestic steel as a home State of Nevada has seen dev- building material has been bolstered by astating effects from this recession. f its desirable status in LEED certifi- The foreclosure crisis has turned neigh- cation, a rating system developed by borhoods across my State literally al- the US Green Building Council. most into ghost towns. I have long ar- 100TH ANNIVERSARY OF CRAGIN & PIKE INSURANCE COMPANY Improvements in the technology used gued the crash of the housing market to create and erect steel projects have has been at the root of our economic Mr. REID. Mr. President, Cragin & lowered construction costs and im- crisis. We have to focus on fixing the Pike Insurance began on a hot, dusty proved onsite safety, resulting in in- housing problem in this country if we day in August of 1909 when Peter Buol creased demand worldwide. In light of want the economy to turn around. proudly opened his ‘‘Real Estate and these economic, environmental, and In February, I offered a bill called Insurance Office’’ on what is now Main safety factors, it is no surprise that the Fix Housing First Act. This would Street in Las Vegas. Buol eventually there is currently a three-to-one pref- have fixed the housing problem; it sold his business to Ernie Cragin and erence for using structural steel in the would have turned the housing market William Pike, whose names combined construction of multistory residential around in this country. I believe it to brand the new company. and nonresidential buildings. would have created jobs all across this Ernie Cragin served as Las Vegas’s I congratulate the structural steel country, including in my home State of mayor for 25 years and was instru- industry on Steel Day. Steel has fea- Nevada. mental in establishing Helldorado Days tured prominently in America’s past My Fix Housing First Act would have and bringing in the Army’s Aerial Gun- and present and will undoubtedly play let American home owners refinance nery School, now known as Nellis Air an important role in our Nation’s fu- their mortgages at around a 4-percent Force Base. William Pike saw to the le- ture. interest rate in a 30-year fixed mort- galization of gambling and the con- gage. This would have meant an aver- f struction of the Hoover Dam. Their age of around $300 to $400 savings per REMEMBERING SENATOR EDWARD month for the average homeowner in combined efforts have contributed to M. KENNEDY the United States and back in my the political, economic, and environ- home State of Nevada. mental history of the southern Nevada Mr. SPECTER. Mr. President, I have Additionally, my bill included a pro- community. sought recognition to pay respect to vision, produced by Senator JOHNNY After Pike passed away, Cragin the life and character of our dear friend ISAKSON from Georgia, that was a brought in Paul McDermott as a part- Ted Kennedy. A man as much a part of $15,000 home buyer tax credit to ner, and following the unexpected pass- this institution as the very walls of the incentivize home ownership. The tax ing of Cragin, McDermott partnered Capitol, Ted has earned his place in the credit would have been a stepping with Frank Kerestesi. McDermott and world’s history books and will never be stone for our country to begin to come Kerestesi carried on the Cragin & Pike forgotten. out of the housing crisis. While my bill Insurance name and became well I consider myself privileged to have was defeated along party lines, we were known throughout the valley with worked with Ted on several important able to pass an $8,000 first-time home their catchy jingle that played on local issues, ranging from hate crimes legis- buyer tax credit, sponsored by myself radio stations. Both men were active in lation, to our time together on the Ju- and Senator BEN CARDIN, from Mary- the community, especially with the es- diciary Committee. Ted was respon- land. tablishment and growth of the Univer- sible for the Matthew Shepard Hate Today I join my colleagues in a bi- sity of Nevada, Las Vegas, UNLV. Crimes Act, an important piece of leg- partisan manner to extend this $8,000 Cragin & Pike are celebrating their islation providing protection for vul- first time home buyer tax credit for an- 100th anniversary of continuous busi- nerable Americans that I was proud to other 6 months, until June of next ness in southern Nevada this year. cosponsor. He was instrumental in the year. Unless Congress acts, this $8,000 Their dedicated, professional staff con- passage of SCHIP, a program that now is set to expire at the end of November. tinues to offer Las Vegas businesses insures the health of millions of chil- There is evidence that is showing the the very best in personal service and dren across the country. The impact tax credit is working. If we do not ex- attention. On behalf of all Nevadans, I Ted Kennedy had on civil rights legis- tend this tax credit, homes will not be am pleased to extend my best wishes to lation throughout his career is simply saved, and they will likely go into fore- Cragin & Pike for another 100 years of immeasurable. Countless programs now closure. success in Nevada. serving the American people could not

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Ted spoke eloquently ernment would be necessary.’’ In other those limits may not be mistaken, or and with conviction against Judge words, some government is necessary forgotten, the constitution is written.’’ Bork’s nomination, fearing the erosion to have any liberty at all. But Madison A written Constitution that delegates of civil rights that would occur were he went right on to write that ‘‘if angels enumerated powers to Congress is cen- confirmed. Ted refused to let this ero- were to govern men, neither external tral to limited government and, there- sion of rights take place, and I am nor internal controls on government fore, central to our liberty. If we prize proud to have joined him in his fight would be necessary.’’ In other words, liberty, we must prize limitations on against the nomination of Robert unlimited government makes liberty government. Chief Justice Marshall Bork. impossible. The truth is that men are later wrote in McCulloch v. Maryland Ted proved through his actions, both not angels and angels do not govern that ‘‘this government is acknowledged on and off the Senate floor, that he men. Acknowledging that truth, Amer- by all to be one of enumerated powers. was, above all, a man of compassion. ica’s Founders in their genius created a The principle that it can exercise only The single unifying theme of Ted’s dis- system of limited government to maxi- the powers granted to it . . . is now tinguished body of work was his clear mize ordered liberty. universally admitted.’’ commitment to the people of this great I realize that such notions as defini- That was then. How about today? Do we still believe that ordered liberty re- country. His love for the American peo- tion and limitation are not in fashion quires limited government? Do we still ple was clear through the legislation he today. Many today think these ideas believe that Congress may only do so strongly supported. Ted’s greatest passe, antiquated, or—and this is my what the Constitution authorizes us to concern was for the well-being of every personal favorite—archaic. Limited do? Or do we believe that Congress American, and he made it his mission government is fine when we have no needs no more than a good idea pow- to ensure the underprivileged received major problems to solve, when there ered by a good intention? Are the prin- the fair treatment they deserved. are no big crises looming large. But ciples embraced by Madison, by Mar- In his lifetime, Ted Kennedy was able today we face the worst economic cri- shall, still universally admitted today? to accomplish more than most men sis since the Great Depression and If so, then this bill is an important way could ever dream of accomplishing. I many Americans want government to to prove it. On this Constitution Day, I have no doubt that if we were lucky be robust and full-throttled. We want urge my colleagues once again to em- enough to have him with us today, he government to come to the rescue, to brace those principles of limited gov- would continue to add even greater ac- set things right, to make everything ernment and to demonstrate it by sup- complishments to his already impres- OK. I realize that today saying no is porting this bill. Policy ideas and polit- not popular, whether for individuals or sive resume. Ted will be deeply missed. ical positions shape our legislative ac- f for the government. tivity, the Constitution should do so as So we have to make the same basic, well. I applaud my colleague from ENUMERATED POWERS ACT fundamental choice that America’s Oklahoma, Senator COBURN, for intro- Mr. HATCH. Mr. President, I rise on Founders did. How much do we prize ducing this bill and offering this oppor- this Constitution Day to urge support liberty? The laws of human nature and, tunity to raise these principles closer for S. 1319, the Enumerated Powers therefore, of government have not to the position of importance they de- Act. My friend and Judiciary Com- changed. Men have not become angels serve. mittee colleague from Oklahoma, Sen- and angels do not govern men. That ator COBURN, introduced the bill in condition will never exist. Ordered lib- f June, and I am proud to be a cosponsor. erty will always require limited gov- CONSTITUTION DAY 2009 It would create a mechanism by which ernment, and so we must repeatedly Mr. LEAHY. Mr. President, today we can highlight and, if necessary, de- ask whether, and how much, we prize marks the 222nd anniversary of the bate whether we actually have the liberty. signing of the Constitution by the power to do what we do. This bill embodies these principles by States that assembled in Philadelphia. Today, the prevailing view seems to requiring that each of Congress state The constitutional design of our three be that Congress can do anything we its constitutional authority. In other branches of Government has provided want to do, any time, and in any way. words, each act of Congress must state for collaboration in protecting this There are always problems to solve, the very condition that indicates it is fundamental balance. Earlier this good ideas to implement, money to consistent with limited government. week, when I addressed the Chief Jus- spend, activities to regulate, agendas Congress has no authority to act, Con- tice and the Judicial Conference of the to pursue, or constituencies to please. gress has no authority to exist at all, United States, I noted the anniversary But those are merely the ends and, in unless that authority is derived from of the signing of our Constitution. This our system of government at least, the the Constitution. It is no less impor- anniversary deserves more attention ends cannot not justify the means. Not tant than that. So this bill would re- than it has received, and I was heart- if we truly value our liberty. Our lib- quire that each act of Congress state ened to see that one of Vermont’s great erty requires that government be lim- the one condition that is necessary for newspapers, The Caledonian-Record, ited, that government’s actions have that act of Congress to be legitimate— also saw fit to note this anniversary in legal authority, ultimately rooted in authority derived from the Constitu- a recent editorial. The Caledonian- the Constitution itself. tion. Record noted, ‘‘Our Constitution is The Constitution, for example, does That statement alone would be im- timeless and the most relevant guide not grant Congress all legislative au- portant but purely symbolic. Virtually to continuing our freedoms. Millions of thority. Article I gives Congress only everyone could ignore it. So this bill Americans have died in its defense. ‘‘legislative powers herein granted.’’ would create a mechanism for chal- Celebrate it!’’ Those powers are listed, or enumer- lenging and even debating whether an As chairman of the Senate Judiciary ated, in article I, section 8. The 10th act of Congress is indeed authorized by Committee I am constantly reminded amendment affirms that the Federal the Constitution. It does not require of the Constitution’s continued impor- Government has only powers that are such a debate for every act of Congress tance and relevance to our daily lives. affirmatively delegated to it. James but provides for a point of order that From the first amendment, which pro- Madison explained in The Federalist can result in such a debate. That de- tects newspapers like The Caledonian- No. 45 that these powers delegated to bate would focus everyone’s attention Record, to the rights of Americans to the Federal Government are ‘‘few and on the absolutely necessary connection vote, the Constitution is the corner- defined.’’ Why all this emphasis on def- between Congress’ actions and the Con- stone of our democracy. We all must

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Using I ask unanimous consent that the developed a technique that allows sci- mammary epithelial cells, he found editorial be printed in the RECORD. entists to identify potential bone mar- carrageenan reduced ASB activity and There being no objection, the mate- row donors for 6 percent of the cost and increased sulfated sGAG, especially rial was ordered to be printed in the 1 percent of the time of traditional chondroitin sulfate, which induced cell RECORD, as follows: techniques. Using polymerase chain re- migration and pre-malignant trans- [From The Caledonian-Record, Sept. 14, 2009] action and cycle sequencing, he formation. At 16 years old, Prithwis’ IT’S CONSTITUTION WEEK: CELEBRATE OUR sequenced the genes that determine a work shows how carrageenan influ- FREEDOMS person’s Human Leukocyte Antigen ences breast cancer cell proliferation Every year, America’s newspapers cele- type. Eric then wrote a computer pro- and migration. brate the United States Constitution by fo- gram to analyze the DNA sequence and Fiona Wood, from North Haven, CT, cusing on the document, with features and return possible antigen matches. This explored the brain’s ability to perceive editorials that acknowledge the central and measure interval time using late- place in America’s freedoms that the Con- technique can potentially be used to stitution possesses. We do it to assure that identify donors for other transplant- spiking (LS) neurons. She created the Americans, in the rush of making a living, of able organs, such as kidney, liver, and first biophysically realistic computa- raising children, of growing up or growing lung, creating the opportunity to save tional model of an LS neuron, and used old, and of all of the other distractions of our hundreds of lives and millions of dol- it to construct neural networks that lives, do not forget the vision and the wis- lars each year. Eric is 15 years old. can accurately and realistically encode dom that almost miraculously guided our A 17-year-old young woman from Al- time. For all animals, an ability to per- Founding Fathers in composing this docu- buquerque, NM, Erika DeBenedictis re- ceive and measure time is essential for ment. It is as important today, indeed, prob- ably more important, than it was in 18th searched methods of identifying low- a wide variety of tasks. Fiona’s work century America. energy paths for spacecraft. By care- can lead to better understanding of This is Constitution Week. It is fitting fully planning the route a spacecraft brain diseases in which interval time that it should immediately follow the na- will take, it is possible to reduce the encoding is impaired, such as Parkin- tional commemoration of the worst, most amount of fuel needed by utilizing the son’s, Huntington’s, and schizophrenia. deadly domestic terrorism attack in our his- natural gravity and motion of planets Fiona is 17 years old. tory, Sept. 11, 2001. That attack, literally in the solar system. Erika developed an A 17-year-old young man from Win- brought home that nowhere in the world are ston Salem, NC, Darren Zhu worked to freedom loving people safe from the militant itinerary-based algorithm to reach insanity of ideologically driven terrorists, in specified destinations, which stream- develop more efficient data storage this case of radical Islamists. In previous ep- lines the process of finding low-energy technologies by exploring nanofabrica- ochal events, they were Nazis, Japanese im- paths. Such orbits are particularly use- tion methods for spintronics. perialists, Marxists, and others. In every ful for heavy spacecraft, in which self- Spintronics, or spin-based electronics, case, the adjuration that arose from 9/11 ap- propulsion is especially difficult. Use of are inherently more powerful than plies, and never more strongly than in rev- low-energy paths would allow these electronics, as they exploit electron erence of the Constitution, ‘‘Never forget!’’ spin and subsequently are more sen- For the last 200-plus years, there have spacecraft to reach previously imprac- been, and are now, those who would like to tical destinations. sitive than integrated circuit tech- change our Constitution in ways that occupy A 17-year-old young man from Roch- nology. He incorporated molecular self- the whole continuum, from updating its ester, MI, Rahul Pandey created a neg- assembled monolayers, or SAMs, into grammar to totally destroying it in the ative index refraction lens made of spintronics and performed surface anal- name of social action and the progressive in- metamaterials. Metamaterials have yses to find that isocyanide-based sistence that only the evolution of the the unique property to bend electro- SAMs are a viable candidate for imple- present to the future is relevant, that a doc- magnetic waves of a certain frequency mentation in nanoscale spintronics ument so old is a totally irrelevant relic. Not so! Our Constitution is timeless and backward, so an image is possible on fabrication. Darren’s work has strong the most relevant guide to continuing our the opposite side of a lens. He modeled applications in nanotechnology, spe- freedoms. Millions of Americans have died in the energy flow of negative index ma- cifically in the field of nanolithog- its defense. Celebrate it! terials in terms of lens geometry, re- raphy. f fractive index, focal length, and source A 16-year-old young man from distance, finding a perfectly linear re- Addison, TX, Roman Stolyarov de- 2009 DAVIDSON FELLOW AWARD lationship. Rahul’s work has applica- signed and produced an RECIPIENTS tions in stealth technology, antenna omnidirectional dielectric mirror for Mr. GRASSLEY. Mr. President, it is elements, radio frequency signal visible light using a unique one-step my distinct pleasure to bring before switching, and lenses that do not ad- fabrication process. The mirror is com- the Senate today the achievements of here to the diffraction limit. posed of 12 ultrathin alternating layers some of the most brilliant, inventive Aditya Palepu, from Oakton, VA, de- of two chalcogenide glasses, which young minds in the United States. I veloped a pattern classification algo- were deposited by thermal evaporation take this time to acknowledge the 19 rithm that extracts linear and onto a transparent silicon dioxide glass recipients of the 2009 Davidson Fellows Gaussian relationships from raw data substrate. Simulations show that dou- Award, a scholarship awarded to excep- using a bottom-up approach. Given any bling the number of alternating layers tional students to assist them in fur- data set, all possible models are gen- would produce near perfect reflec- thering their education. These scholar- erated, iteratively weeded down, and tivity, a phenomenon impossible for ships are given by the Davidson Insti- refined to better fit the data. This al- silvered mirrors, given their inherent tute for Talent Development to pro- gorithm is effective on benchmark Iris losses in the visible spectrum. Roman’s foundly gifted individuals under the data and synthetic distributions, and process will allow for rapid manufac- age of 18 who have completed academi- was designed so the model library can turing of wavelength specific mirrors cally rigorous projects that dem- be expanded to more data sets. with applications in radar filtration onstrate a potential to make a signifi- Aditya’s work has applications in fa- and fiber technologies. cant, positive contribution to society. cial/object recognition, data mining, From Teaneck, NJ, Yael Dana This year’s recipients achieved aca- trend analysis, and was used to classify Neugut studied arsenic metabolism and demic distinction in the areas of a Washington, DC crime database re- renal function in an arsenic-exposed science, literature, philosophy, out-of- vealing the clustering of criminal ac- population in Bangladesh. She found the-box thinking, technology, and tivity. Aditya is 17 years old. that the association between urinary music. These young individuals are From Woodbury, MN, Prithwis excretion of arsenic metabolites and more than deserving of this honor and Mukhopadhyay researched the molec- creatinine is likely due to their shared our recognition. I would like to take a ular mechanism by which carrageenan metabolic pathway, and that creatine few moments to describe what each re- may induce pre-malignant cell trans- may be an effective way to prevent and cipient has accomplished. formation. Carrageenan is an FDA-ap- treat long-term exposure to arsenic.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9550 CONGRESSIONAL RECORD — SENATE September 17, 2009 More than 100 million people worldwide caused by frustrated human desire. Do- Cupertino, CA, Anshul Samar seeks to are chronically exposed to high levels reen explores this newly defined dimen- make learning a side effect of fun with of arsenic and are at risk of serious dis- sion of evil with an enlightened per- his project, Igniting Interest in Chem- eases, such as cancer and heart disease. spective, fostering a new method of istry with Elementeo Chemistry Card A randomized trial of creatine sup- viewing evil. She hopes this will allow Game. In Elementeo, players battle plementation is currently underway in evil to be more effectively combated, with their element army, activate re- Bangladesh. Yael is 17 years old. leading to a more progressive and har- actions, create compounds, and con- A 17-year-old young man from East monious global society. Doreen is 16 quer opponents using black holes and Setauket, NY, Jason Karelis studied an years old. slippery bases. Anshul hopes that by enzyme called MenD that plays a role The first recipient in the world of introducing young people to chemistry in the biosynthesis of a lipid called music is Melody Lindsay, from Hono- in a fun and interactive manner, they menaquinone in Staphylococcus lulu, HI, who believes we celebrate will discover a passion for science and aureus, the bacterium that causes mankind’s best achievements through pursue it throughout their lives. staph infections. Menaquinone is an music. In her portfolio, Harping These brilliant young men and electron carrier crucial to S. aureus. Around the World: Cultural Leadership women are essential for the success of Jason constructed a mutant strain of for the 21st Century, she draws on her their generation. It is our duty to rec- S. aureus with a disrupted MenD gene experience as a harpist to connect with ognize, support, and nurture their pro- and observed its growth on media only audiences. She is particularly inter- gression through academia as they ma- with menaquinone added, evidence that ested in inspiring young people to dis- ture into the leaders of their genera- MenD is vital for S. aureus. Staph in- cover and pursue their own passion for tion. We should consider ourselves fections are a major public health con- classical music. Melody, at age 17, has privileged that some of the triumphs of cern and Jason’s work provides a plat- performed on and serves as a Cultural these ingenious young minds have al- form for a new class of antibiotics. Ambassador for NPR’s ‘‘From the Top’’ ready born fruit. I would like to thank From Hilo, HI, Nolan Kamitaki de- and was a Focus on Youth Performer the Davidson Institute for making such signed a computer simulation to deter- for the ninth and tenth World Harp scholarships available and for taking mine how viral characteristics and Congresses. the time to seek out these worthy can- From La Crescenta, CA, Connie Kim- medical supply distribution patterns didates. I would also like to thank each Sheng seeks to convey the insights of affect an epidemic’s spread across a so- winner and applicant of the Davidson classical composers in her portfolio, In- cial network. Starting with a particle- Award for showing to us the promise spired by Beauty: Piano Masterworks. based simulation to analyze basic and potential your generation holds. Her performance of pieces by Bach, interaction rates, he moved to a small We can rest assured that our future is Beethoven, Chopin, Debussy, and world network, modeling an epidemic’s in good hands. Ginastera provide musical texts that spread across a population. Nolan’s f illuminate the span of human feeling findings showed that children, due to and experience, demonstrating a mul- TRIBUTE TO ERNIE HARWELL their greater degree of social connec- titude of complex harmonies. At 17 Mr. LEVIN. Mr. President, today I tion, are most useful for prevention years old, Connie has performed on pay tribute to the man whose voice was and are the most effective recipients of NPR’s ‘‘From the Top,’’ and for audi- the sound of summer, to the man who medical processes. Nolan is 16 years ences in Sydney, Australia; Calgary, guided Michiganders through baseball old. Canada; and Los Angeles. Through her seasons for more than 40 years. I rise in In the area of literature, we have a music, Connie hopes to encourage tribute to Ernie Harwell. young woman from North Potomac, greater respect for cooperation and For those who love baseball and the MD. Amy Levine, a 16-year-old, exam- pluralism in society. Detroit Tigers, Ernie Harwell’s easy ines the shades of gray between black A 13-year-old young woman from San Georgia drawl on a summer evening and white in her literature collection, Diego, CA, Sarina Zhang strives to has been a tonic after a hard day’s toil. Grayscale Unraveled. She dem- show the beauty and emotional value He has been our eyes and ears at the onstrates how life choices that have of classical music in her portfolio, corner of Michigan and Trumbull and, the greatest impact initially do not ap- Reaching out to the World with the later, at the team’s new downtown pear to be choices at all, but have the Magic of Music. Through performance, ballpark. Since 1960, when Ernie broad- potential to be the most trans- she strives to connect with her audi- cast his first Tigers game, until today, formative. Amy’s portfolio explores the ence, moving them with the simple perhaps no person, no player nor man- small yet important events that deter- truth of classical music. A pianist and ager, has been more closely identified mine who we are and how we live, cellist attending The Juilliard Pre-Col- with Tigers baseball. Certainly none while breaking down the black and lege Division, she has been featured on has formed so strong an emotional tie white decisions people make to show NPR’s ‘‘From the Top,’’ performed at with the fans of our team. the grayscale that describes the world. Carnegie Hall, and toured internation- Ernie grew up in Atlanta, and he Also in the area of literature, we ally with the San Diego Civic Youth often tells fans that as a boy he was have Nicole Rhodes, a 17-year-old from Orchestra. tongue-tied, coping with a speech im- Vancouver, WA, who created the port- For exemplary works in the category pediment, but with therapy and hard folio The Dictionary of Distance to ex- of ‘‘Outside the Box,’’ recipients in- work, he turned his voice into a tool so plore different facets of distance in clude Allison Ross from Mercer Island, powerful it brought the game to life. writing. She considers the distance be- WA. She created a portfolio, African His first broadcasting job was with the tween a piece’s narrator and char- and Western Heroes’ Journeys in Lit- minor league team in his hometown, acters, the space between the author erature: An Exemplification. Against but in 1948, when broadcasting legend and the work, and the space separating the backdrop of August Wilson’s fiction Red Barber of the Brooklyn Dodgers characters and other elements to deter- and the constructs of Joseph Camp- fell ill, Dodgers general manager mine how distance alters memory. bell’s Hero’s Cycle, she explores the re- Branch Rickey called down to Atlanta. Through this examination, Nicole is lationship between classical Western He asked if he could bring up young able to analyze the writing process, the and African hero mythologies. Allison, Ernie to fill Barber’s seat at Ebbets writer’s perspective, and the final writ- at 16, investigates the derivations, Field. OK, the Atlanta general man- ten product. Her portfolio includes a common motives and cultural dif- ager replied, but you will have to give variety of forms, styles, and subjects, ferences between the two traditions of- me something in return. And so Ernie united in this investigation. fering original narratives and critical became the first and so far only broad- From Indianapolis, IN, Doreen Xu ex- analysis. Through this work, Allison caster in baseball history to be in- plores the foundation of evil in her phi- hopes that others will share her enthu- cluded in a trade, sent to Brooklyn for losophy portfolio, The Roots of Evil. siasm for exploring themes that unite a minor league catcher. She delves into the human psyche to our heritages. That was one of Branch Rickey’s fin- examine several distinct sources of And finally, in his ‘‘Outside the Box’’ est deals. In Brooklyn and then in Bal- evil, concluding that all human evil is project, a 15-year-old young man from timore, Ernie honed his craft and won

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9551 the admiration of fans. He was the tele- ity, his courage, will remain with us al- Courage is one of the virtues we as vision broadcaster for one of the most ways. I treasure the moments I have Americans admire most. That is why famous moments in baseball history, spent with him. I thank him for the the highest military decoration—and Bobby Thompson’s ‘‘Shot Heard Round hours of joy he has given me, my wife one of the oldest—our country bestows the World’’ in 1951. The national net- and children, and the people of Michi- on its soldiers is the Medal of Honor. It works began to tap his talent for other gan. I wish him and his beloved wife has been awarded only to the few pos- events, such as pro and college football Lulu all the joy they deserve. sessing a special brand of courage, her- games and the Masters golf tour- f oism, and patriotism, Americans like nament. Sergeant Monti. HONORING OUR ARMED FORCES And then, in 1960, he came to Detroit. Sergeant Monti was an extraordinary It is hard to describe to those who SERGEANT FIRST CLASS JARED C. MONTI American and an extraordinary soldier, aren’t from Michigan or fans of the Ti- Mr. KERRY. Mr. President, I hope one of extraordinary gallantry. By his gers just what Ernie Harwell meant to the Senate will take time today not actions, he has taken his rightful place us over the next five decades. His voice just to remember but to honor the sac- in the revered company of our coun- on the radio guided us through good rifice and courage of SFC Jared C. try’s most selfless heroes. seasons and bad, through our city’s Monti of Raynham, MA. It is a solemn By tradition, Medal of Honor winners times of prosperity and of tragedy. privilege to do so for a man who has are shown the highest respect with sa- Through that ebb and flow he was a been awarded our Nation’s highest lutes by all ranks, from the Com- constant, his voice never too excited, military decoration—the Medal of mander in Chief on down. It is a fitting never too downcast. We rejoiced when Honor. tradition for we stand in awe of these he told us an opposing batter took Sergeant Monti joins an elite group brave warriors. So I am proud to join strike three ‘‘like the house by the side of Americans who have received the all those saluting Sergeant Monti this of the road,’’ chuckled as he reported a Medal of Honor. Just 3,447 before him— day, including the Commander in foul ball had become a souvenir for a all soldiers, sailors, marines, and air- Chief. And on behalf of a grateful na- fan from Detroit or Howell or Warren men of uncommon courage, valor, and tion and his home State of Massachu- or Lansing, or another town Michigan gallantry—have been so honored. He is setts, we also salute his parents, Paul fans recognized. In the first days of the sixth to be awarded the Medal of and Janet, and express our gratitude to every March, at the opening of his very Honor for the wars in Afghanistan and them for their sacrifice which cannot first broadcast of spring training, Ernie Iraq. be expressed in words. announced the official end of Michigan Millions of Americans have defended f winter with a reading from the Song of our Nation’s liberty for more than two Solomon: centuries. But these 3,447 and now Ser- ADDITIONAL STATEMENTS ‘‘For lo, the winter is past, the rain is geant Monti—risked their lives above and beyond the call of duty. And 617, over and gone; the flowers appear on COMMENDING LEONID NEVZLIN the earth; the time of the singing of like Sergeant Monti, gave their lives birds is come, and the voice of the tur- for the cause of America’s freedom. ∑ Mr. LIEBERMAN. Mr. President, I tle is heard in our land.’’ Our soldiers, sailors, marines, and wish to pay tribute to Leonid Nevzlin But over the decades, Ernie became airmen perform acts of bravery every on his recent appointment to serve as more to us than just a welcome voice day. But some of those acts, like Ser- international chair of the United Jew- on the radio. He became a friend. For geant Monti’s on June 26, 2006, exceed ish Communities UJC/ Jewish Federa- as good as he was behind the micro- even our country’s highest expecta- tions of North America 2009 General phone, he is an even better man, and tions. Assembly in Washington, DC, begin- the quality of his character shone During his more than 12 years in the ning on November 8 of this year. Leo- brightly, on his broadcasts and on the Army, Sergeant Monti was recognized nid’s leadership in the Jewish commu- countless times he greeted fans with a by his superiors as a man with a career nity and his commitment to so many hearty hello, or treated a clubhouse at- of unlimited potential ahead of him. philanthropic causes around the world tendant with the same respect and af- But Sergeant Monti’s final act of brav- make him a natural for this important fection as the million-dollar ballplayer. ery, on that fateful day in June 2006, role. I am pleased to commend him We came to respect and honor his also showed him to be a selfless leader today on this honor. voice, but to cherish his great heart. with uncommon courage. The UJC/Jewish Federations of North This beloved friend is hurting now. Sergeant Monti was leading a patrol America plays an extraordinary role in His illness, he tells us without a trace of 16 troops on a mountain range in Af- inspiring a spirit of philanthropy and of bitterness, will soon take him from ghanistan when attacked by a Taliban service. It has brought notable energy us. But as he faces what he calls the force of more than 50 fighters. Sergeant to the Save Darfur movement and con- end of his journey, the greatness of his Monti not only prevented the Taliban tinues to promote effective lobbying on heart has once again shined forth. force from overrunning his unit but a broad range of social justice issues. Last night, the Tigers took a break also positioned his forces to disrupt a The UJC’s General Assembly, which is from the heat of another pennant race flanking attempt. held annually, is an event that brings to pay tribute to this legend and The sergeant managed to call in air people from across North America and friend. Amid the cheers and tears, support which eventually forced the the world together to discuss and to Ernie once again put the fans first. enemy to retreat and prevented the pa- plan the organization’s important Here is what he said: trol from being overrun against over- work. ‘‘In my almost 92 years on this earth, whelming odds. Leonid Nevzlin has shown a steadfast the good Lord has blessed me with a When he realized one of his fellow commitment to human rights, social great journey, and the blessed part of soldiers was missing, he went searching justice, and democracy in his life and that journey is it’s going to end here in for him. He found him lying wounded philanthropic work. Born and educated the great state of Michigan. and exposed in the open ground. Ser- in Russia, Leonid began his philan- ‘‘I deeply appreciate the great people geant Monti exposed himself to heavy thropic efforts by establishing the Mos- of Michigan. I love their grit. I love the enemy fire three times trying to rescue cow Jewish Cultural Center and way they face life. I love the family the wounded soldier. On the third at- worked to develop a number of Jewish values they have. And you Tiger fans tempt, the sergeant was mortally educational programs that serve com- are the greatest fans of all. No question wounded. munities throughout Russia. As presi- about that.’’ Sergeant Monti’s ability to act dent of the Russian Jewish Congress, There is an example of true courage quickly and decisively in the midst of Leonid showed his leadership on a and grace for all of us to try to follow. enemy fire is testimony to his leader- range of noteworthy causes, including Soon, this great voice will be si- ship, without which his patrol’s cas- preserving Jewish culture. lenced, a great heart stilled. But Ernie ualty rate that day would have been Leonid continued this service when Harwell’s love of the game, his human- substantially higher. he moved to Israel and established a

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9552 CONGRESSIONAL RECORD — SENATE September 17, 2009 charitable foundation dedicated to pre- MEASURES REFERRED law, the report of a rule entitled ‘‘Federal serving and promoting Jewish heritage Motor Vehicle Safety Standards; Door Locks The following bills were read the first and Door Retention Components’’ (RIN2127– globally. Among other initiatives, Leo- and the second times by unanimous nid founded a research center at He- AK35) as received during adjournment of the consent, and referred as indicated: Senate in the Office of the President of the brew University in Jerusalem that H.R. 1713. An act to name the South Cen- Senate on August 10, 2009; to the Committee adopts a multidisciplinary approach to tral Agricultural Research Laboratory of the on Commerce, Science, and Transportation. the study of Jewish history. He has Department of Agriculture in Lane, Okla- EC–3029. A communication from the Pro- carried his commitment to education homa, and the facility of the United States gram Analyst, National Highway Traffic and cross-cultural exchange beyond Postal Service located at 310 North Perry Safety Administration, Department of universities and continues to have a Street in Bennington, Oklahoma, in honor of Transportation, transmitting, pursuant to meaningful impact on Jewish commu- former Congressman Wesley ‘‘Wes’’ Watkins; law, the report of a rule entitled ‘‘Require- nities worldwide through the Jewish to the Committee on Homeland Security and ments and Procedures for Consumer Assist- ance to Recycle and Save Program’’ People Policy Planning Institute, the Governmental Affairs. H.R. 3246. An act to provide for a program ((RIN2127–AK54)(49 CFR Part 599)) as re- Birthright Israel and Masa Israel Jour- of research, development, demonstration and ceived during adjournment of the Senate in ney Programs, and his leadership in commercial application in vehicle tech- the Office of the President of the Senate on the redevelopment of Beit Hatfutsot, nologies at the Department of Energy; to the August 10, 2009; to the Committee on Com- the Museum of the Jewish People, in Committee on Energy and Natural Re- merce, Science, and Transportation. Tel Aviv. sources. EC–3030. A communication from the Pro- gram Analyst, National Highway Traffic The Torah tells us that ‘‘Deeds of f giving are the very foundation of the Safety Administration, Department of MEASURES READ THE FIRST TIME Transportation, transmitting, pursuant to world.’’ Leonid Nevzlin has built a law, the report of a rule entitled ‘‘Require- strong foundation for so many Jewish The following bill was read the first ments and Procedures for Consumer Assist- communities around the world through time: ance to Recycle and Save Program’’ his deeds of giving. He inspires us with S. 1687. A bill to prohibit the Federal Gov- ((RIN2127–AK53)(49 CFR Parts 512 and 599)) as his philanthropic and entrepreneurial ernment from awarding contracts, grants, or received during adjournment of the Senate spirit, and I congratulate him today on other agreements to, providing any other in the Office of the President of the Senate a well-deserved appointment.∑ Federal funds to, or engaging in activities on August 10, 2009; to the Committee on that promote the Association of Community Commerce, Science, and Transportation. f Organizations for Reform Now. EC–3031. A communication from the Pro- f gram Analyst, National Highway Traffic MESSAGES FROM THE PRESIDENT Safety Administration, Department of EXECUTIVE AND OTHER Messages from the President of the Transportation, transmitting, pursuant to COMMUNICATIONS law, the report of a rule entitled ‘‘Federal United States were communicated to The following communications were Motor Vehicle Safety Standards; Air Brake the Senate by Mrs. Neiman, one of his Systems’’ (RIN2127–AJ37) as received during secretaries. laid before the Senate, together with adjournment of the Senate in the Office of accompanying papers, reports, and doc- the President of the Senate on August 10, f uments, and were referred as indicated: 2009; to the Committee on Commerce, EXECUTIVE MESSAGES REFERRED EC–3024. A communication from the Senior Science, and Transportation. Trial Attorney, Federal Railroad Adminis- EC–3032. A communication from the Dep- As in executive session the Presiding tration, Department of Transportation, uty Chief Counsel of Regulations and Secu- Officer laid before the Senate messages transmitting, pursuant to law, the report of rity Standards, Transportation Security Ad- from the President of the United a rule entitled ‘‘Track Safety Standards; ministration, Department of Homeland Se- States submitting sundry nominations Continuous Welded Rail (CWR)’’ (RIN2130– curity, transmitting, pursuant to law, the re- which were referred to the appropriate AB90) as received during adjournment of the port of a rule entitled ‘‘Air Cargo Screening’’ committees. Senate in the Office of the President of the (RIN1652–AA64) received in the Office of the President of the Senate on September 9, 2009; (The nominations received today are Senate on September 2, 2009; to the Com- mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, printed at the end of the Senate pro- tation. and Transportation. ceedings.) EC–3025. A communication from the Trial EC–3033. A communication from the Sec- Attorney, Federal Railroad Administration, retary of Transportation, transmitting, pur- f Department of Transportation, transmitting, suant to law, a report relative to the United MESSAGE FROM THE HOUSE pursuant to law, the report of a rule entitled States Merchant Marine Academy’s Board of ‘‘State Highway—Rail Grade Crossing Action Visitors; to the Committee on Commerce, At 12:17 p.m., a message from the Plans’’ (RIN2130–AC05) received in the Office Science, and Transportation. House of Representatives, delivered by of the President of the Senate on September EC–3034. A communication from the Acting Ms. Niland, one of its reading clerks, 10, 2009; to the Committee on Commerce, Administrator, Transportation Security Ad- announced that the House has agreed Science, and Transportation. ministration, Department of Homeland Se- to the following bills, in which it re- EC–3026. A communication from the Dep- curity, transmitting, pursuant to law, a re- port relative to the Administration’s intent quests the concurrence of the Senate: uty Assistant General Counsel for Regula- tion and Enforcement, Office of the Sec- to enter into a contract with Trinity Tech- H.R. 1713. An act to name the South Cen- retary of Transportation, Department of nology Group, for screening services at (7) tral Agricultural Research Laboratory of the Transportation, transmitting, pursuant to Montana airports; to the Committee on Com- Department of Agriculture in Lane, Okla- law, the report of a rule entitled ‘‘Procedures merce, Science, and Transportation. homa, and the facility of the United States for Transportation Workplace Drug and Al- EC–3035. A communication from the Acting Postal Service located at 310 North Perry cohol Testing Programs’’ (RIN2105–AD89) as Under Secretary for Industry and Security, Street in Bennington, Oklahoma, in honor of received during adjournment of the Senate Department of Commerce, transmitting, pur- former Congressman Wesley ‘‘Wes’’ Watkins. in the Office of the President of the Senate suant to law, a report relative to the clari- H.R. 3246. An act to provide for a program on August 10, 2009; to the Committee on fication of license requirements for transfers of research, development, demonstration, Commerce, Science, and Transportation. (in country) to persons listed on the Entity and commercial application in vehicle tech- EC–3027. A communication from the Senior List; to the Committee on Commerce, nologies at the Department of Energy. Attorney and Advisor, Office of the Sec- Science, and Transportation. ENROLLED BILL SIGNED retary of Transportation, Department of EC–3036. A communication from Chairman The President pro tempore (Mr. Transportation, transmitting, pursuant to of the National Transportation Safety BYRD) reported that he had signed the law, the report of a rule entitled ‘‘Adminis- Board, transmitting, pursuant to law, a re- following enrolled bill, which was pre- trative Wage Garnishment’’ (RIN2105–AD78) port relative to the OMB’s request for the as received during adjournment of the Sen- Board’s views on H.R. 3371, the ‘‘Airline Safe- viously signed by the Speaker of the ate in the Office of the President of the Sen- ty and Pilot Training Improvement Act of House: ate on August 10, 2009; to the Committee on 2009’’; to the Committee on Commerce, H.R. 1243. An act to provide for the award Commerce, Science, and Transportation. Science, and Transportation. of a gold medal on behalf of Congress to Ar- EC–3028. A communication from the Pro- EC–3037. A communication from the Chair nold Palmer in recognition of his service to gram Analyst, National Highway Traffic of the Council on Environmental Quality, the Nation in promoting excellence and good Safety Administration, Department of Executive Office of the President, transmit- sportsmanship in golf. Transportation, transmitting, pursuant to ting, pursuant to law, a report relative to

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9553 the Ocean Policy Task Force report regard- *Alan D. Solomont, of Massachusetts, to be for America; ($248.12), 11/3/2008, Obama Re- ing the nation’s ocean policy; to the Com- Ambassador Extraordinary and Pleni- fund; $2,000.00, 6/4/2005, Obey, Dave, A Lot of mittee on Commerce, Science, and Transpor- potentiary of the United States of America People for; $1,000.00, 4/2/2007, Obrien, David tation. to Spain, and to serve concurrently and for Congress; $2,300.00, 3/5/2007, Olver, John f without additional compensation as Ambas- Citizens for; $4,200.00, 11/1/2005, Pelosi, Nancy sador Extraordinary and Plenipotentiary of for Congress; $4,200.00, 1/4/2006, Pelosi, Nancy REPORTS OF COMMITTEES the United States of America to Andorra. for Congress (Refund); $2,300.00, 5/18/2007, The following reports of committees Nominee: Alan D. Solomont. Reed Committee; $1,000.00, 2/15/2007, Richard- Post: Spain and Andorra. son for President; $1,300.00, 6/26/2007, Richard- were submitted: (The following is a list of all members of son for President; $2,300.00, 8/24/2007, By Mr. HARKIN, from the Committee on my immediate family and their spouses. I Schwartz, Allyson for Congress**; $1,000.00, 3/ Health, Education, Labor, and Pensions, have asked each of these persons to inform 7/2005, Schwartz, Allyson for Congress; without amendment: me of the pertinent contributions made by $2,000.00, 6/1/2005, Stabenow for US Senate**; S. 1679. An original bill to make quality, them. To the best of my knowledge, the in- $1,000.00, 3/31/2007, Tsongas, Nicki for Con- affordable health care available to all Ameri- formation contained in this report is com- gress; $1,000.00, 6/20/2005, Udall for Colorado; cans, reduce costs, improve health care qual- plete and accurate.) 1,300.00, 6/26/2007, Udall for Colorado; $1,000.00, ity, enhance disease prevention, and Contributions, amount, date and donee: 3/31/2007, Udall for Colorado; $2,100.00, 1/22/ strengthen the health care workforce. $2,300.00, 2/16/2007, Allen, Tom for Senate; 2007, Vilsack, Tom for President; $1,000.00, 11/ $1,000.00, 6/17/2005, Allen, Tom for Congress; f 25/2007, Warner, Friends of Mark**; $500.00, 11/ $2,000.00, 5/4/2007, Ameripac: The Fund for a 13/2005, Welch for Congress; $1,000.00, 4/25/2007, EXECUTIVE REPORTS OF Greater America; $2,300.00, 6/8/2007, Born Welch for Congress. COMMITTEES Fighting PAC; ($1,900.00), 6/1/2006, Brown, *Recorded incorrectly on FEC website as Matt for US Senate (Refund); $900.00, 6/12/ ($100). The following executive reports of 2005, Brown, Matthew for US Senate; **Recording incorrectly on FEC website as nominations were submitted: $2,000.00, 4/13/2005, Brown, Matthew for US a contribution made by Susan Solomont; By Mr. KERRY for the Committee on For- Senate; $2,000.00, 9/20/2005, Byrd, Friends of should be attributed to Alan Solomont. eign Relations. Robert C; $5,000.00, 3/30/2005, Campaign for 2. Spouse: Susan Lewis Solomont: $1,000.00, *David C. Jacobson, of Illinois, to be Am- Our Country; $2,100.00, 3/9/2005, Cantwell, 9/28/2007, Allen, Tom for Senate; $1,000.00, 3/21/ bassador Extraordinary and Plenipotentiary Friends of Maria; $2,000.00, 6/12/2005, Capuano 2006, Allen, Tom for Congress; $1,000.00, 1/29/ of the United States of America to Canada. for Congress; $1,500.00, 9/6/2006, Cardin, Ben 2006, Bingaman, Jeff A Lot of People For; Nominee: David C. Jacobson. for Senate; $1,000.00, 5/10/2005, Carper for Sen- $1,000.00, 9/25/2005, Brown, Matt for US Sen- Post: Ambassador to Canada. ate; ($300.00), 1/18/2006, Casey, Bob for Penn- atE **; $250.00, 1/29/2006, Brown, Matt Friends (The following is a list of all members of sylvania (Refund); $2,500.00, 5/22/2005, Casey, of (RI); $1,000.00, 12/16/2006, Campaign for Our my immediate family and their spouses. I Bob for Pennsylvania—$2,100 Casey, Bob for Country; $2,000.00, 3/21/2006, Cardin, Ben for have asked each of these persons to inform Pennsylvania; $400 Casey, Bob for Pennsyl- Senate; ($1,500.00), 9/6/2006, Cardin, Ben for me of the pertinent contributions made by vania; $1,000.00, 5/1/2008, Childers for Con- Senate (Refund); $2,100.00, 5/1/2005, Clinton, them. To the best of my knowledge, the in- gress; ($200.00), 7/26/2005, Clinton, Friends of Hillary, Friends of ***; $25,000.00, 3/7/2006, formation contained in this report is com- Hillary (Refund)*; ($1,600.00), 7/13/2005, Clin- Democratic Congressional Campaign Com- plete and accurate.) ton, Friends of Hillary (Refund)**; $200.00, 6/ mittee—$9,000 Dem. Congressional Campaign Donor, Recipient, date, and amount: 20/2005, Clinton, Hillary, Friends of; $1,000.00, Comte, $6,000 Dem. Congressional Campaign David Jacobson: SNR PAC, 3/2/2000, $265; 11/27/2005, DeLahunt for Congress; $250.00, 6/ Comte; $10,000 Dem. Congressional Campaign Wesley Clark, 11/25/2003, $1,000; Wesley Clark, 29/2007, Democracy for America; $25,000.00, 3/ Comte; $28,500.00, 6/18/2007, Democratic Con- 10/31/2003, $250; Barack Obama, 3/5/2004, $250; 31/2005, Democratic Congressional Campaign gressional Campaign Committee; $7,500.00, 3/ John Kerry, 4/26/2004, $1,000; Kerry Victory Committee; $28,500.00, 3/31/2007, Democratic 20/2008 Democratic Congressional Campaign 2004, 7/20/2004, $1,600; John Kerry, 10/22/2004, Congressional Campaign Committee; Committee; $10,000.00, 2/28/2006, DNC Services $1,000; Barack Obama for Illinois, 2/24/2005, $5,000.00, 6/14/2005, Democratic Senatorial Corp./Democratic National Committee; $1,000; Matthew Brown, 3/28/2005, $500; Debbie Campaign Committee; $10,000.00, 5/17/2007, $28,500.00, 3/28/2008 DNC Services Corp/Demo- Stabenow, 3/31/2005, $250; DSCC, 9/6/2005, Democratic Senatorial Campaign Com- cratic National Committee; $1,000.00, 2/7/2008 $2,000; Citizens for Joe Biden, 11/22/2005, mittee; $10,000.00, 6/20/2005, DNC Services Durbin, Friends of Dick; $1,000.00, 9/28/2007, $2,000; Claire McCaskill, 12/31/2005, $1,000: Corp/Democratic National Committee; Footlik for Congress; $2,000.00, 2/21/2006, Ford, Matthew Brown, 1/25/2006, $500; Nick $10,000.00, 6/29/2007, DNC Services Corp/Demo- Harold Ford Jr. for Tennessee; $2,300.00, 11/2/ Lampson, 2/15/2006, $250; SNR PAC, 3/15/2006, cratic National Committee; $10,000.00, 4/3/ 2007, Franken, Al for Senate; $2,000.00, 9/19/ $1,400; Dan Seals, 3/19/2006, $250; Dick Durbin, 2007, DNC Services Corp/Democratic National 2005, Harkin, Friends of Tom; $4,600.00, 3/1/ 6/28/2006, $1,000; Joe Biden, 6/30/2006, $900; Committee; $2,500.00, 4/15/2005, Durbin, 2007, Harkin, Friends of Tom; $1,000.00, 3/21/ DSCC, 10/13/2006, $2,500; Dan Seals, 11/4/2006, Friends of Dick Committee; $1,000.00, 6/6/2005, 2006, Hodes, Paul for Congress; $1,000.00, 10/5/ $250; Dan Seals, 11/4/2006, $250; Dick Durbin, 3/ Emily’s List; $1,000.00, 6/29/2007, Feder, Judy 2007, Hodes, Paul for Congress; $5,000.00, 3/21/ 29/2007, $1,100; Dick Durbin, 3/29/2007, $900; for Congress; $1,000.00, 3/29/2007, Finegold, 2006, Hopefund Inc.; $20,000.00, 9/29/2006, House Barack Obama, 3/30/2007, $2,300; Harry Reid, 3/ Barry for Congress; $1,300.00, 6/26/2007, and Senate Victory Fund **—$10,000 DSCC, 31/2007, $1,000; Tom Udall, 12/30/2007, $1,000; Finegold, Barry for Congress; $2,300.00, 6/9/ $10,000 DCCC, –$2,000.00, 3/3/2005, Kennedy for Dick Durbin, 1/8/2008, $500; Dick Durbin, 5/16/ 2007, Footlik for Congress; $1,000.00, 7/6/2006, Senate 2012; $1,000.00, 3/7/2006, Kennedy, 2008, $900; Senate 08/Bruce Lunsford, 5/16/2008, Frank, Barney Frank for Congress; $1,000.00, Friends of Patrick; $2,300.00, 7/26/2007, Ken- $1,000; Joe Biden, 6/23/2008, $300; Joe Biden, 6/ 11/15/2008, Franken, Al; $2,100.00, 10/9/2005, nedy, Friends of Patrick; $4,200.00, 1/11/2007, 23/2008, $200; Obama Victory Fund, 7/1/2008, Harkin, Citizens for**; $300.00, 3/1/2007, Har- Kerry, John for Senate; $4,200.00, 12/31/2005, $2,300; Hillary Clinton, 7/14/2008, $500. kin, Citizens for; $2,300.00, 5/10/2007, Hodes, Lampson, Nick for Congress—$2,100 Julie Jacobson: Barack Obama, 7/14/2004, Paul for Congress; $5,000.00, 12/16/2005, Lampson, Nick for Congress, $2,100 Lampson, $500; Debbie Stabenow, 8/9/2005, $500; Progres- Hopefund, Inc.; $2,000.00, 3/3/2005, Kennedy for Nick for Congress; ($4,200.00) 9/6/2006, sive Choices PAC, 7/24/2006, $250; Barack Senate 2012; $4,200.00, 1/11/2007, Kerry, John Lampson, Nick for Congress (Refund); Obama, 6/28/2007, $1,000; Barack Obama, 12/17/ for Senate; $500.00, 10/23/2005, KIDSPAC; $2,000.00, 12/22/2005, Markey Committee; 2007, $1,300; Obama Victory Fund, 7/1/2008, ($2,100.00), 9/18/2006, Lampson, Nick for Con- $2,000.00, 3/29/2006, Nelson, Bill for U.S. Sen- $2,300. gress (Refund); $4,200.00, 8/16/2006, Lampson, ate; $2,100.00, 1/26/2007, Obama Exploratory Wynne Jacobson: None. Nick Lampson for Congress; $1,000.00, 5/11/ Committee; $2,500, 3/30/2007, Obama for Amer- Jeremy Jacobson: None. 2007, Levin, Carl Friends of; $2,100.00, 6/1/2005, ica; $2,000.00, 6/4/2005, Obey, Dave, A Lot of Winifred Jacobson: Deceased. Lieberman, Friends of Joe; $2,300.00, 3/29/2007, People For; $2,000.00, 3/12/2005, Olver, Citizens Jerry Jacobson: Deceased. Markey Committee; $2,000.00, 6/24/2005, Mar- for John for Congress; $4,200.00, 12/31/2005, Jamie Wainwright: None. key Committee; ($2,000.00), 12/26/2005, Markey Pelosi, Nancy for Congress; $1,000.00, 9/28/2007, David Wainwright: None. Refund; $5,000.00, 2/14/2005, McAuliffe, Friends Pingree for Congress; $1,000.00, 10/26/2007, Robin Nichols: DSCC, 10/17/2006, $500; Dan of Chairman; $2,000.00, 4/24/2005, McGovern, Polis, Jay for Congress; $2,300.00, 7/12/2007, Seals, 3/3/2006, $300; Dan Seals, 10/20/2007, $500; Re-Elect Committee; $1,000.00, 5/5/2006, Reed Committee; $1,000.00, 11/21/2007, Reed Wesley Clark, 11/25/2003, $500; Wesley Clark, 1/ McCaskill, Claire for US Senate; $2,000.00, 5/ Committee; $2,300.00, 9/30/2007, Richardson for 27/2004, $200; Dan Seals, 6/16/2006, $500; Dan 5/2005, Meehan, Marty for Congress; $1,000.00, President; $2,300.00, 11/19/2007, Rockefeller, Seals, 7/24/2008, $500; Dan Seals, 6/30/2008, $500; 5/8/2008, Merkley, Jeff for Oregon; $1,000.00, 5/ Friends of Jay; $1,000.00, 12/29/2006, Sanders, Joe Biden, 11/18/2005, $200; Barack Obama, 6/ 15/2006, Moore, Bean Moore JT. Committee— Congressman Bernie for Senate; $250.00, 3/21/ 28/2007, $1,000; John Kerry, 5/25/2004, $500. $500 Melissa Bean, $500 Dennis Moore; 2006, Schultz, Debbie Wasserman-Schultz for Jay Nichols: Dan Seals, 6/30/2008, $500; Dan $1,000.00, 11/1/2005, Nadler for Congress; Congress; $2,000.00, 8/29/2005, Schwartz, Seals, 9/21/2008, $500; Obama Victory Fund, 7/ $1,000.00, 4/17/2005, Neal, Richard E. Com- Allyson for Congress; $2,300.00, 9/20/2007, 1/2008, $500; Obama Victory Fund, 9/18/2008, mittee; $1,000.00, 11/21/2005, Nelson, Bill for Shaheen, Jeanne for Senate; $2,300.00, 11//26/ $500; Barack Obama, 7/31/2008, $500; Barack US Senate; $2,100.00, 1/26/2007, Obama Explor- 07, Shaheen, Jeanne for Senate; $2,000.00, 12/ Obama, 9/30/2008, $500. atory Committee; $2,500.00, 3/30/2007, Obama 28/2005, Stabenow, Debbie for U.S. Senate;

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9554 CONGRESSIONAL RECORD — SENATE September 17, 2009 $1,000.00, 3/18/2005, Stabenow, Debbie for U.S. rick Murphy, Senate, October 2008, $250; Paul *Robert D. Hormats, of New York, to be an Senate; $1,000.00, 3/29/2006, Stabenow, Debbie Hodes, Congress, October 2008, $270; Obama Under Secretary of State (Economic, Energy, for U.S. Senate; $1,000.00, 3/21/2006, Tester, Victory, President, September 2008, $2,000; and Agricultural Affairs). Jon Tester for Senate (MT); $1,000.00, 3/29/ DNC Services, Committee, September 2008, *Robert D. Hormats, of New York, to be 2006, Tierney, John for Congress; $1,000.00, 10/ $2,000; Mark Begich, Senate, October 2008, United States Alternate Governor of the 26/2007, Tsongas, Nicki for Congress; $2,300.00, $250; Obama for America, President, October International Bank for Reconstruction and 9/2/2007, Tsongas, Nicki for Congress; 2008, (¥$2300); Barney Frank, Congress, April Development for a term of five years; United $2,300.00, 3/1/2007, Tsongas, Nicki for Con- 2008, $1,000; Niki Tsongas, Congress, March States Alternate Governor of the Inter- gress; ($2,300.00), 5/7/2009, Tsongas, Nicki for 2008, $1,000; N.H. Dem Party, Committee, De- American Development Bank for a term of Congress (Refund); $2,100.00, 1/29/2006, Udall cember 2007, $1,000; Paul Hodes, Congress, five years; United States Alternate Governor for Congress; $2,100.00, 1/22/2007, Vilsack, Tom September 2007, $1,000; Obama for America, of the African Development Bank for a term for President; $500.00, 3/21/2006, Welch, for President, March 2007, $2,300; Niki Tsongas, of five years; United States Alternate Gov- Congress. Congress, June 2007, $1,000; Niki Tsongas, ernor of the African Development Fund; * Recorded incorrectly on FEC website as Congress, October 2007, $1,300; Hillary Clin- United States Alternate Governor of the $900. ton, President, July 2008, $1,000; Niki Tson- Asian Development Bank; and United States ** Recorded incorrectly on FEC website as gas, Congress, March 2007, $1,000; Niki Tson- Alternate Governor of the European Bank contribution made by Alan Solomont; should gas, Congress, March 2007, $300; MA Demo- for Reconstruction and Development. cratic State Committee, Committee, April be attributed to Susan Solomont. *Nomination was reported with recommendation ***Recorded incorrectly on FEC website as 2006, $500; HopeFund, Committee, March 2006, that it be confirmed subject to the nominee’s com- $1700.5 $1,350; Edward Kennedy, Senate, March 2006, mitment to respond to requests to appear and tes- 3. Children and Spouses: Rebecca $1,000; Keeping America’s Promise, Com- tify before any duly constituted committee of the Solomont: $2,300.00, 7/14/2008, Clinton, Hillary mittee, March 2006, $1,000; Rob Simmons, Senate. Congress, June 2006, $1,000; Jon Tester, Sen- for President; $2,000.00, 9/3/2006, Ford, Harold f Ford for Senate; $2,000.00, 7/14/2008, Markey ate, July 2006, $1,000; Bill Delahunt, Con- gress, August 2006, $1,000; Obama 2010, Sen- Committee; $2,300.00, 3/30/2007, Obama for INTRODUCTION OF BILLS AND ate, September 2006, $1,000; Nancy Johnson, America; $2,300.00, 3/31/2007, Obama for Amer- JOINT RESOLUTIONS Congress, November 2006, $1,000; Richard ica; $2,500.00, 7/21/2008, Reid, Friends of Harry. Neal, Congress, November 2006, $1,000; John The following bills and joint resolu- Stephanie Solomont: None. Larson, Congress, November 2006, $1,000; Ed tions were introduced, read the first 4. Parents: Joseph Solomont: Deceased; Markey, Congress, October 2006, $1,000; Jeb and second times by unanimous con- Ethel Solomont: Deceased. Bradley, Congress, November 2006, $1,000; 5. Grandparents: Deceased. sent, and referred as indicated: Barney Frank, Congress, October 2006, $1,000; 6. Brothers and Spouses: David and Joan By Mr. HARKIN: HopeFund, Committee, March 2006, $1,350; Solomont: None. Jay and Deborah Solomont: S. 1679. An original bill to make quality, Paul Hodes, Congress, October 2006, $500; None. Ahron and Sheera Solomont: None. affordable health care available to all Ameri- Campaign for Country, Committee, April cans, reduce costs, improve health care qual- 2006, $1,000; Edward Kennedy, Senate, March ity, enhance disease prevention, and *Lee Andrew Feinstein, of Virginia, to be 2005, **$1,000; Edward Kennedy, Senate, strengthen the health care workforce; from Ambassador Extraordinary and Pleni- March 2005, $1,000; HopeFund, Committee, the Committee on Health, Education, Labor, potentiary of the United States of America September 2005, $1,000; Campaign for Coun- and Pensions; placed on the calendar. to the Republic of Poland. try, Committee, December 2005, $1,000; Natl By Mr. WHITEHOUSE: Nominee: Lee Feinstein. Jewish Dem Committee, Committee, Sep- S. 1680. A bill to amend titles XVIII and Post: Ambassador to Poland. tember 2005, $500. (The following is a list of all members of *Attributed by the DNC mistakenly as XIX of the Social Security Act to provide my immediate family and their spouses. I $5,400 for the DNC and $4,600 for Obama for the authorized representative of a deceased have asked each of these persons to inform America. When the mistake was discovered, beneficiary full access to information with me of the pertinent contributions made by Obama for America refunded me $2,300 in Oc- respect to the deceased beneficiary’s benefits them. To the best of my knowledge, the in- tober, 2008. It is on the FEC report as a re- under the Medicare and Medicaid programs; formation contained in this report is com- fund to Mr. Barry White. to the Committee on Finance. plete and accurate.) **FEC filings show this as a contribution By Mr. LEAHY (for himself, Mr. FEIN- Contributions, amount, date and donee: of $900 but it was $1000. GOLD, Ms. CANTWELL, Mr. DURBIN, Mr. Self: $2300, Aug. 2008, Obama for America. 2. Spouse: Eleanor G. White: MA Demo- SCHUMER, and Mrs. FEINSTEIN): 2. Spouse: n/a. cratic State Committee, Committee, May S. 1681. A bill to ensure that health insur- 3. Children and Spouses: n/a. 2009, $500; Jon Tester, Senate, March 2009, ance issuers and medical malpractice insur- 4. Parents: n/a. –$1,000; Niki Tsongas, Congress, March 2009, ance issuers cannot engage in price fixing, 5. Grandparents: n/a. $500; GREBPAC, Committee, –February 2009, bid rigging, or market allocations to the det- 6. Brothers and Spouses: Michael Fein- $500; Barney Frank, Congress, April 2008, riment of competition and consumers; to the stein: $50, 2008, Obama for America; $100, $1,000; GREBPAC, Committee, March 2008, Committee on the Judiciary. 2008, Obama for America; $50, 2008, Obama for $250; Hillary Clinton, President, July 2008, By Ms. CANTWELL (for herself and America; Alan Feinstein: $250, 2007, Rock- $1,000; Niki Tsongas, Congress, October 2008, Mr. NELSON of Florida): ville Center Dem. Party. $125; Barney Frank, Congress, October 2007, S. 1682. A bill to provide the Commodity 7. Sisters and Spouses: Merril Feinstein: $250; Barney Frank, Congress, October 2007, Futures Trading Commission with clear $50, 2008, Hillary Clinton for Pres. $250; Niki Tsongas, Congress, March 2007, antimarket manipulation authority, and for $1,000; GREBPAC, Committee, March 2007, other purposes; to the Committee on Agri- *Barry B. White, of Massachusetts, to be $250; Obama, President, June 2007, $2,300; culture, Nutrition, and Forestry. Ambassador Extraordinary and Pleni- Niki Tsongas, Congress, June 2007, $1,300; By Mr. BENNET: potentiary of the United States of America Niki Tsongas, Congress, October 2007, $500; S. 1683. A bill to apply recaptured taxpayer to Norway Obama, President, June 2007, $1,300; Barney investments toward reducing the national Nominee: Barry B. White. Frank, Congress, October 2006, $250. debt; to the Committee on Banking, Hous- Post: Ambassador to the Kingdom of Nor- 3. Children and Spouses: Joshua and Nicole ing, and Urban Affairs. way. White: none; Adam White: none; Benjamin By Mrs. FEINSTEIN (for herself and White: Joe Biden, President, 2008, $25; (The following is a list of all members of Mrs. BOXER): my immediate family and their spouses. I Obama, President, 2008, $100. S. 1684. A bill to establish guidelines and 4. Parents: Harold and Rosalyn White—de- have asked each of these persons to inform incentives for States to establish criminal ceased. me of the pertinent contributions made by 5. Grandparents: Louis and Sadie Schnei- arsonist and criminal bomber registries and them. To the best of my knowledge, the in- der—deceased; Joseph and Bessie White—de- to require the Attorney General to establish formation contained in this report is com- ceased. a national criminal arsonist and criminal plete and accurate.) 6. Brothers and Spouses: Alan White and bomber registry program, and for other pur- Candidate, office, date, and amount: Christiana Taylor, none; Michael White and poses; to the Committee on the Judiciary. Self: Patrick Murphy, Congress, March Elizabeth White: Obama, President, May By Mr. SANDERS (for himself, Mr. 2008, $250; Chris Gregoire, Governor, April 2007, $2,000; John Morrison, Senate, April LEAHY, Mr. WHITEHOUSE, and Mr. 2008, $250; Nat’l Jewish Dem. Committee, 2005, $250; Don Young, Congress, October 2007, DODD): Committee, June 2008, $2,000; John Kerry, $500; Maria Cantwell for Senate, Senate, July S. 1685. A bill to provide an emergency ben- Senate, July 2008, $1,000; Obama Victory 2006, $500; Nick Lampkin, Congress, Uncer- efit of $250 to seniors, veterans, and persons Fund, Committee, July 2008, *$10,000; Mark tain, $500; Jon Tester, Senate, Uncertain, with disabilities in 2010 to compensate for Warner, Senate, August 2008, $1,000; Scott $250. the lack of a cost-of-living adjustment for Kleeb, Senate, September 2008, $250; Tom such year, and for other purposes; to the Allen, Senate, September 2008, $500; John *Michael H. Posner, of New York, to be As- Committee on Finance. Olver, Congress, October 2008, $250; Jeanne sistant Secretary of State for Democracy, By Mr. FEINGOLD (for himself, Mr. Shaheen, Senate, October 2008, $1,000; Pat- Human Rights, and Labor. DURBIN, Mr. TESTER, Mr. UDALL of

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9555 New Mexico, Mr. BINGAMAN, Mr. (Mr. UDALL) was added as a cosponsor were added as cosponsors of S. 934, a SANDERS, Mr. AKAKA, Mr. WYDEN, Mr. of S. 254, a bill to amend title XVIII of bill to amend the Child Nutrition Act MENENDEZ, and Mr. MERKLEY): the Social Security Act to provide for of 1966 to improve the nutrition and S. 1686. A bill to place reasonable safe- guards on the use of surveillance and other the coverage of home infusion therapy health of schoolchildren and protect authorities under the USA PATRIOT Act, under the Medicare Program. the Federal investment in the national and for other purposes; to the Committee on S. 461 school lunch and breakfast programs the Judiciary. At the request of Mrs. LINCOLN, the by updating the national school nutri- By Mr. JOHANNS (for himself, Mr. name of the Senator from Georgia (Mr. tion standards for foods and beverages VITTER, Mr. CHAMBLISS, Mr. CHAMBLISS) was added as a cosponsor of sold outside of school meals to conform BROWNBACK, Mr. INHOFE, Mr. BURR, S. 461, a bill to amend the Internal to current nutrition science. Mrs. HUTCHISON, Mr. BARRASSO, Mr. HATCH, Mr. ENZI, Mr. ISAKSON, Mr. Revenue Code of 1986 to extend and S. 1042 ROBERTS, Mr. BENNETT, Mr. ENSIGN, modify the railroad track maintenance At the request of Mr. KOHL, the name Mr. CRAPO, Mr. SHELBY, Mr. THUNE, credit. of the Senator from New York (Mrs. Mr. GREGG, Mr. BUNNING, Mr. S. 604 GILLIBRAND) was added as a cosponsor DEMINT, and Mr. GRAHAM): At the request of Mr. SANDERS, the of S. 1042, a bill to prohibit the use of S. 1687. A bill to prohibit the Federal Gov- names of the Senator from Vermont ernment from awarding contracts, grants, or funds to promote the direct deposit of other agreements to, providing any other (Mr. LEAHY) and the Senator from Cali- Veterans and Social Security benefits Federal funds to, or engaging in activities fornia (Mrs. BOXER) were added as co- until adequate safeguards are estab- that promote the Association of Community sponsors of S. 604, a bill to amend title lished to prevent the attachment and Organizations for Reform Now; read the first 31, United States Code, to reform the garnishment of such benefits. time. manner in which the Board of Gov- S. 1210 By Mr. BENNETT (for himself, Mr. ernors of the Federal Reserve System At the request of Mr. KAUFMAN, the ENZI, Mr. BUNNING, and Mr. CRAPO): is audited by the Comptroller General S. 1688. A bill to prevent congressional re- name of the Senator from Michigan of the United States and the manner in apportionment distortions by requiring that, (Ms. STABENOW) was added as a cospon- in the questionnaires used in the taking of which such audits are reported, and for sor of S. 1210, a bill to establish a com- any decennial census of population, a other purposes. mittee under the National Science and checkbox or other similar option be included S. 607 Technology Council with the responsi- for respondents to indicate citizenship status At the request of Mr. UDALL of Colo- bility to coordinate science, tech- or lawful presence in the United States; to rado, the name of the Senator from the Committee on Homeland Security and nology, engineering, and mathematics Governmental Affairs. Wyoming (Mr. ENZI) was added as a co- education activities and programs of By Mr. BINGAMAN (for himself and sponsor of S. 607, a bill to amend the all Federal agencies, and for other pur- Mr. UDALL of New Mexico): National Forest Ski Area Permit Act poses. S. 1689. A bill to designate certain land as of 1986 to clarify the authority of the S. 1304 components of the National Wilderness Pres- Secretary of Agriculture regarding ad- ervation System and the National Landscape ditional recreational uses of National At the request of Mr. GRASSLEY, the Conservation System in the State of New Forest System land that are subject to names of the Senator from South Da- Mexico, and for other purposes; to the Com- ski area permits, and for other pur- kota (Mr. JOHNSON) and the Senator mittee on Energy and Natural Resources. poses. from Oregon (Mr. WYDEN) were added f as cosponsors of S. 1304, a bill to re- S. 619 SUBMISSION OF CONCURRENT AND store the economic rights of auto- At the request of Mr. SANDERS, his mobile dealers, and for other purposes. SENATE RESOLUTIONS name was added as a cosponsor of S. S. 1319 The following concurrent resolutions 619, a bill to amend the Federal Food, and Senate resolutions were read, and Drug, and Cosmetic Act to preserve the At the request of Mr. COBURN, the referred (or acted upon), as indicated: effectiveness of medically important name of the Senator from Utah (Mr. HATCH) was added as a cosponsor of S. By Mr. HARKIN (for himself, Mr. antibiotics used in the treatment of GRASSLEY, Mrs. LINCOLN, Mr. human and animal diseases. 1319, a bill to require Congress to speci- fy the source of authority under the CHAMBLISS, Mr. LUGAR, Mr. LEAHY, S. 658 Ms. KLOBUCHAR, Mr. CORNYN, Mr. United States Constitution for the en- At the request of Mr. PRYOR, his BROWN, Mr. CONRAD, Mr. FRANKEN, actment of laws, and for other pur- name was added as a cosponsor of S. Mrs. HUTCHISON, Mr. BAUCUS, Mr. poses. CASEY, Ms. STABENOW, Mr. BENNET, 658, a bill to amend title 38, United S. 1446 Mr. JOHANNS, Mr. ROBERTS, Mr. NEL- States Code, to improve health care for SON of Nebraska, Mr. COCHRAN, Mr. veterans who live in rural areas, and At the request of Mrs. GILLIBRAND, THUNE, and Mrs. GILLIBRAND): for other purposes. the names of the Senator from Alaska S. Res. 273. A resolution commemorating S. 769 (Mr. BEGICH) and the Senator from Ha- Dr. Norman Borlaug, recipient of the Nobel waii (Mr. INOUYE) were added as co- Peace Prize, Congressional Gold Medal, Pres- At the request of Mrs. LINCOLN, the name of the Senator from Idaho (Mr. sponsors of S. 1446, a bill to amend title idential Medal of Freedom, and founder of XIX of the Social Security Act to pro- the World Food Prize; considered and agreed RISCH) was added as a cosponsor of S. to. 769, a bill to amend title XVIII of the vide incentives for increased use of HIV By Mr. MENENDEZ (for himself, Mrs. Social Security Act to improve access screening tests under the Medicaid pro- GILLIBRAND, and Mr. HARKIN): to, and increase utilization of, bone gram. S. Res. 274. A resolution supporting the mass measurement benefits under the S. 1536 goals and ideals of Peace Day; considered Medicare part B program. and agreed to. At the request of Mr. SCHUMER, the S. 823 name of the Senator from Minnesota f At the request of Ms. SNOWE, the (Ms. KLOBUCHAR) was added as a co- ADDITIONAL COSPONSORS name of the Senator from Missouri sponsor of S. 1536, a bill to amend title S. 162 (Mr. BOND) was added as a cosponsor of 23, United States Code, to reduce the At the request of Mr. FEINGOLD, the S. 823, a bill to amend the Internal amount of Federal highway funding name of the Senator from Idaho (Mr. Revenue Code of 1986 to allow a 5-year available to States that do not enact a RISCH) was added as a cosponsor of S. carryback of operating losses, and for law prohibiting an individual from 162, a bill to provide greater account- other purposes. writing, sending, or reading text mes- ability of taxpayers’ dollars by cur- S. 934 sages while operating a motor vehicle. tailing congressional earmarking, and At the request of Mr. HARKIN, the S. 1538 for other purposes. names of the Senator from New Jersey At the request of Mr. ROCKEFELLER, S. 254 (Mr. MENENDEZ), the Senator from the name of the Senator from Hawaii At the request of Mrs. LINCOLN, the Maryland (Ms. MIKULSKI) and the Sen- (Mr. INOUYE) was added as a cosponsor name of the Senator from Colorado ator from Minnesota (Mr. FRANKEN) of S. 1538, a bill to establish a black

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9556 CONGRESSIONAL RECORD — SENATE September 17, 2009 carbon and other aerosols research pro- ming (Mr. ENZI), the Senator from price fixing. Subjecting health and gram in the National Oceanic and At- South Carolina (Mr. DEMINT), the Sen- medical malpractice insurance pro- mospheric Administration that sup- ator from Texas (Mrs. HUTCHISON) and viders to the antitrust laws will enable ports observations, monitoring, mod- the Senator from South Dakota (Mr. customers to feel confident that the eling, and for other purposes. THUNE) were added as cosponsors of price they are being quoted is the prod- S. 1539 amendment No. 2394 proposed to H.R. uct of a fair marketplace. This bill will At the request of Mr. ROCKEFELLER, 2996, a bill making appropriations for prohibit the most egregious anti- the name of the Senator from Hawaii the Department of the Interior, envi- competitive conduct—price fixing, bid (Mr. INOUYE) was added as a cosponsor ronment, and related agencies for the rigging and market allocations—con- of S. 1539, a bill to authorize the Na- fiscal year ending September 30, 2010, duct that harms consumers and drives tional Oceanic and Atmospheric Ad- and for other purposes. up health care costs. In the 110th Congress, I introduced a ministration to establish a comprehen- f sive greenhouse gas observation and much broader repeal of the McCarran- STATEMENTS ON INTRODUCED Ferguson Act with Senator Lott. While analysis system, and for other pur- BILLS AND JOINT RESOLUTIONS Congress did not reach consensus on poses. By Mr. LEAHY (for himself, Mr. that legislation, surely in this environ- S. 1553 FEINGOLD, Ms. CANTWELL, Mr. ment of rising health care costs, we At the request of Mr. GRASSLEY, the DURBIN, Mr. SCHUMER, and Mrs. can agree on this more narrowly tai- name of the Senator from Kansas (Mr. FEINSTEIN): lored repeal. Insurers should not object ROBERTS) was added as a cosponsor of S. 1681. A bill to ensure that health to being subject to the same antitrust S. 1553, a bill to require the Secretary insurance issuers and medical mal- laws as everyone else. If they are oper- of the Treasury to mint coins in com- practice insurance issuers cannot en- ating in an appropriate way, they memoration of the National Future gage in price fixing, bid rigging, or should have nothing to fear. American Farmers of America Organization and market allocations to the detriment of families, doctors and hospitals rely on the 85th anniversary of the founding of competition and consumers; to the insurance. It is important to ensure the National Future Farmers of Amer- Committee on the Judiciary. that the prices they pay for this insur- ica Organization. Mr. LEAHY. Mr. President, our Na- ance are established in a fair and com- S. 1643 tion’s antitrust laws exist to protect petitive way. At the request of Ms. SNOWE, the consumers. These laws promote com- I look forward to repealing the anti- name of the Senator from New Hamp- petition, which ensures that consumers trust exemption in the health insur- shire (Mr. GREGG) was added as a co- will pay lower prices, and receive more ance and medical malpractice insur- sponsor of S. 1643, a bill to amend the choices of higher quality products. The ance industries. Internal Revenue Code of 1986 to allow vast majority of the companies doing Mr. President, I ask unanimous con- a credit for the conversion of heating business in the U.S. are subject to the sent that the text of the bill be printed using oil fuel to using natural gas or Federal antitrust laws. in the RECORD. biomass feedstocks, and for other pur- A few industries have used their in- There being no objection, the text of poses. fluence to obtain a special, statutory the bill was ordered to be printed in the RECORD, as follows: S. 1660 exemption from the antitrust laws, and S. 1681 At the request of Ms. KLOBUCHAR, the the insurance industry is one of them. Be it enacted by the Senate and House of Rep- name of the Senator from Idaho (Mr. In the markets for health insurance and medical malpractice insurance, pa- resentatives of the United States of America in RISCH) was added as a cosponsor of S. Congress assembled, tients and doctors are paying the price, 1660, a bill to amend the Toxic Sub- SECTION 1. SHORT TITLE. stances Control Act to reduce the emis- as costs continue to increase at an This Act may be cited as the ‘‘Health In- sions of formaldehyde from composite alarming rate. As the insurance indus- surance Industry Antitrust Enforcement Act wood products, and for other purposes. try prospers behind its exemption, pa- of 2009’’. S. RES. 226 tients and small businesses suffer. I am SEC. 2. PURPOSE. pleased to introduce today the Health It is the purpose of this Act to ensure that At the request of Mrs. GILLIBRAND, health insurance issuers and medical mal- the name of the Senator from New Insurance Industry Antitrust Enforce- ment Act of 2009, which will repeal the practice insurance issuers cannot engage in Mexico (Mr. UDALL) was added as a co- antitrust exemption for health insur- price fixing, bid rigging, or market alloca- sponsor of S. Res. 226, a resolution des- tions to the detriment of competition and ignating September 2009 as ‘‘Gospel ance and medical malpractice insur- consumers. ance providers. Music Heritage Month’’ and honoring SEC. 3. PROHIBITION OF ANTI-COMPETITIVE AC- The health care industry is the sub- gospel music for its valuable contribu- TIVITIES. ject of a great deal of debate. There are Notwithstanding any other provision of tions to the culture of the United many proposals to bring competition law, nothing in the Act of March 9, 1945 (15 States. to health insurance providers. While we U.S.C. 1011 et seq., commonly known as the S. RES. 272 are debating these solutions, we should ‘‘McCarran-Ferguson Act’’) shall be con- At the request of Mr. HARKIN, the not lose sight of the fact that the strued to permit health insurance issuers (as name of the Senator from New York defined in section 2791 of the Public Health health insurance industry currently Service Act (42 U.S.C. 300gg-91) or issuers of (Mrs. GILLIBRAND) was added as a co- does not have to play by the same, sponsor of S. Res. 272, a resolution medical malpractice insurance to engage in good-competition rules as other indus- any form of price fixing, bid rigging, or mar- commemorating Dr. Norman Borlaug, tries. That is wrong, and this legisla- ket allocations in connection with the con- recipient of the Nobel Peace Prize, tion corrects it. duct of the business of providing health in- Congressional Gold Medal, Presidential The lack of affordable health insur- surance coverage (as defined in such section) Medal of Freedom, and founder of the ance plagues families throughout our or coverage for medical malpractice claims World Food Prize. country, and the rising prices that hos- or actions. AMENDMENT NO. 2394 SEC. 4. APPLICATION TO ACTIVITIES OF STATE pitals and doctors pay for medical mal- COMMISSIONS OF INSURANCE AND At the request of Mr. JOHANNS, the practice insurance drains resources OTHER STATE INSURANCE REGU- names of the Senator from Georgia that could otherwise be used to im- LATORY BODIES. (Mr. ISAKSON), the Senator from Okla- prove patient care. Antitrust oversight Nothing in this Act shall apply to the in- homa (Mr. INHOFE), the Senator from in these industries will provide con- formation gathering and rate setting activi- ties of any State commission of insurance, or Kansas (Mr. BROWNBACK), the Senator sumers with the confidence that insur- any other State regulatory entity with au- from North Carolina (Mr. BURR), the ance companies are operating in a com- thority to set insurance rates. Senator from Utah (Mr. BENNETT), the petitive marketplace. Senator from Kansas (Mr. ROBERTS), There is simply no justification for By Ms. CANTWELL (for herself the Senator from Wyoming (Mr. health insurance and medical mal- and Mr. NELSON, of Florida): BARRASSO), the Senator from Kentucky practice insurance companies to be ex- 1682. A bill to provide the Commodity (Mr. BUNNING), the Senator from Wyo- empt from Federal laws prohibiting Futures Trading Commission with

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9557 clear antimarket manipulation author- This legislation would give the CFTC SEC. 2. CIVIL PENALTIES FOR MARKET MANIPU- ity, and for other purposes; to the Com- the same anti-manipulation standard LATION. mittee on Agriculture. Nutrition, and currently employed by the SEC. This Subsection (c) of section 6 of the Com- Forestry. means that the CFTC would be empow- modity Exchange Act (7 U.S.C. 9, 15) is Ms. CANTWELL. Mr. President, I ered to prove a manipulation case amended to read as follows: rise today to introduce the Commod- under the same ‘‘reckless conduct’’ ‘‘(c) PROHIBITION REGARDING MARKET MA- ities Market Manipulation Prevention standard that the SEC, FERC, and FTC NIPULATION AND FALSE INFORMATION.— Act of 2009. employ, in contrast to its current dif- ‘‘(1) PROHIBITION REGARDING MARKET MANIP- When bad-actors like Enron and Am- ficult-to-prove ‘‘specific intent’’ stand- ULATION.—It shall be unlawful for any per- aranth Advisors, LLC, manipulate ard. That is, this legislation will repeal son, directly or indirectly, to use or employ, commodities prices, it means that the affirmative rule that says you are or attempt to use or employ, in connection Americans pay more for commodities allowed to act recklessly in the com- with a swap, or a contract of sale of a com- like oil, gasoline, heating oil, food, and modity futures markets as long as you modity, in interstate commerce, or for fu- natural gas. Unfortunately, current have no specific intent to do harm. ture delivery on or subject to the rules of Congress also recently granted this any registered entity, any manipulative or law does not protect our economy with deceptive device or contrivance, in con- a tough enough standard to prevent, same authority to the FERC in 2005 and the FTC in 2007 in legislation I travention of such rules and regulations as deter, and enforce illegal market ma- the Commission shall promulgate by not nipulation in critical commodity fu- wrote that carefully tracked section later than 1 year after the date of enactment tures markets. 10(b) of the Securities and Exchange of the Derivatives Market Manipulation Pre- Current law makes it very difficult Act of 1934 to ensure the FERC and vention Act of 2009. for the Commodities Futures Trading FTC would interpret and enforce their ‘‘(2) PROHIBITION REGARDING FALSE INFOR- Commission to prosecute market ma- new market manipulation authorities MATION.—It shall be unlawful for any person nipulation cases. This is because cur- consistent with the SEC. This legisla- to report information relating to any reg- tion also carefully tracks section 10(b) istration application, any report filed with rent law requires the CFTC to meet a the Commission, or any other information more rigorous standard to prove mar- of the Securities Exchange Act of 1934 in part because Federal case law is relating to a swap, or a contract of sale of a ket manipulation than other financial commodity, in interstate commerce, or for market regulatory agencies such as the clear that when the Congress uses lan- guage identical to that used in another future delivery on or subject to the rules of Securities and Exchange Commission, any registered entity, or to omit any mate- statute, Congress intended for the the Federal Energy Regulatory Com- rial fact that is required to be stated in any courts and the Commission to interpret mission, and the Federal Trade Com- application or report if the person knew, or the new authority in a similar manner. reasonably should have known, the informa- mission. In the words of the Supreme Court Specifically, the Commodities Ex- tion to be false or misleading. from the 1904 case of Kepner v. United ‘‘(3) ENFORCEMENT.— change Act requires the CFTC to prove States, ‘‘when a statute uses words ‘‘(A) AUTHORITY OF COMMISSION.—If the ‘‘specific intent’’ to manipulate. That whose meaning under the judicial deci- Commission has reason to believe that any is a very difficult standard to reach. sions has become well-known and well- person is violating or has violated this sub- You would have to have a pretty dumb settled, it will be presumed that the section, or any other provision of this Act individual to, for example, write in an Legislature used such words in the (including any rule, regulation, or order pro- e-mail that you specifically intend to sense justified by long judicial sanc- mulgated in accordance with this subsection or any other provision of this Act), the Com- manipulate prices. But that’s what cur- tion.’’ In the 75 years since the enact- rent law currently requires the CFTC mission may serve upon the person a com- ment of the Securities and Exchange plaint. to prove. Act 1934, a substantial body of case law ‘‘(B) CONTENTS OF COMPLAINT.—A com- In addition, CFTC case law also re- has developed over the last half cen- plaint under subparagraph (A) shall— quires that it prove an artificial price tury around section 10(b). This will ‘‘(i) contain a description of the charges exists, that the defendant had market provide certainty in how this legisla- against the person that is the subject of the power to move the price, and that he or tion will be interpreted and applied by complaint; and she actually did cause the artificial the Courts and the CFTC. ‘‘(ii) have attached or contain a notice of price. Particularly in today’s complex In fact, the Supreme Court has com- hearing that specifies the date and location markets, proving ‘‘artificial price’’ can pared this body of law to ‘‘a judicial of the hearing regarding the complaint. be a daunting task, which more often ‘‘(C) HEARING.—A hearing described in sub- oak which has grown from little more paragraph (B)(ii)— than not comes down to a ‘‘battle of than a legislative acorn.’’ So it’s worth ‘‘(i) shall be held not later than 3 days the experts’’ in court. Because these re- noting that courts have held that the after the date on which the person described quirements are so onerous, the CFTC SEC’s manipulation authority is not in subparagraph (A) receives the complaint; often ends up moving to a lesser charge intended to catch sellers who take ad- ‘‘(ii) shall require the person to show cause of ‘‘attempted manipulation,’’ which vantage of the natural market forces of regarding why— requires only proving intent and some supply and demand; only those who at- ‘‘(I) an order should not be made— act showing that intent. This is still a tempt to affect the market or prices by ‘‘(aa) to prohibit the person from trading high standard, but is much easier than artificial means unrelated to the nat- on, or subject to the rules of, any registered entity; and proving a full manipulation case. ural forces of supply and demand. In this country, our current standard ‘‘(bb) to direct all registered entities to As a result, Federal courts have rec- refuse all privileges to the person until fur- ognized that, with the CFTC’s weaker in the futures arena just isn’t working. ther notice of the Commission; and anti-manipulation standard, market It is not sufficient to fully prosecute ‘‘(II) the registration of the person, if reg- ‘‘manipulation cases generally have and deter abuses in the markets. We istered with the Commission in any capac- not fared well.’’ In fact, the standard is need to get the right standard to pre- ity, should not be suspended or revoked; and so weak that in the CFTC’s 35-year his- vent, deter, and enforce market manip- ‘‘(iii) may be held before— tory, it has only successfully pros- ulation in these markets. ‘‘(I) the Commission; or ‘‘(II) an administrative law judge des- ecuted and won one single case of ma- Mr. President, I ask unanimous con- sent that the text of the bill be printed ignated by the Commission, under which the nipulation. That case is currently on administrative law judge shall ensure that appeal in Federal court. in the RECORD. There being no objection, the text of all evidence is recorded in written form and The Securities and Exchange Com- submitted to the Commission. the bill was ordered to be printed in mission, on the other hand, under sec- ‘‘(4) SUBPOENA.—For the purpose of secur- tion 10(b) of the Securities and Ex- the RECORD, as follows: ing effective enforcement of the provisions of change of 1934, has a different, easier- S. 1682 this chapter, for the purpose of any inves- to-prove manipulation standard that it Be it enacted by the Senate and House of Rep- tigation or proceeding under this chapter, has employed successfully for over 75 resentatives of the United States of America in and for the purpose of any action taken Congress assembled, under section 12(f) of this title, any member years. Basically, the SEC does not need SECTION 1. SHORT TITLE. of the Commission or any Administrative to prove specific intent, as the CFTC This Act may be cited as the ‘‘Derivatives Law Judge or other officer designated by the does. The SEC just has to prove that Market Manipulation Prevention Act of Commission (except as provided in paragraph the defendant acted ‘‘recklessly.’’ 2009’’. (6)) may administer oaths and affirmations,

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9558 CONGRESSIONAL RECORD — SENATE September 17, 2009 subpoena witnesses, compel their attend- ‘‘(ii) certified mail; or SEC. 4. MANIPULATIONS; PRIVATE RIGHTS OF AC- ance, take evidence, and require the produc- ‘‘(iii) personal delivery. TION. tion of any books, papers, correspondence, ‘‘(B) REVIEW.— Section 22(a)(1) of the Commodity Ex- memoranda, or other records that the Com- ‘‘(i) IN GENERAL.—A person that has re- change Act (7 U.S.C. 25(a)(1)) is amended by mission deems relevant or material to the ceived notice of an order by the Commission striking subparagraph (D) and inserting the inquiry. may obtain a review of the order or such following: ‘‘(5) WITNESSES.—The attendance of wit- other equitable relief as determined to be ap- ‘‘(D) who purchased or sold a contract re- nesses and the production of any such propriate by a court described in clause (ii). ferred to in subparagraph (B) hereof if the records may be required from any place in ‘‘(ii) PETITION.—To obtain a review or violation constitutes the use or employment the United States, any State, or any foreign other relief under clause (i), a person may, of, or an attempt to use or employ, in con- country or jurisdiction at any designated not later than 15 days after the date of re- nection with a swap, or a contract of sale of place of hearing. ceipt of a notice under clause (i), file a writ- a commodity, in interstate commerce, or for ‘‘(6) SERVICE.—A subpoena issued under ten petition to set aside the order with the future delivery on or subject to the rules of this section may be served upon any person United States Court of Appeals— any registered entity, any manipulative de- who is not to be found within the territorial ‘‘(I) for the circuit in which the petitioner vice or contrivance in contravention of such jurisdiction of any court of the United carries out the business of the petitioner; or rules and regulations as the Commission shall promulgate by not later than 1 year States in such manner as the Federal Rules ‘‘(II) in the case of an order denying reg- after the date of enactment of the Deriva- of Civil Procedure prescribe for service of istration, the circuit in which the principal tives Market Manipulation Prevention Act process in a foreign country, except that a place of business of the petitioner is located, of 2009.’’. subpoena to be served on a person who is not as listed on the application of the petitioner. SEC. 5. DEFINITION OF SWAP. to be found within the territorial jurisdic- ‘‘(C) PROCEDURE.— Section 1a of the Commodity Exchange Act tion of any court of the United States may ‘‘(i) DUTY OF CLERK OF APPROPRIATE (7 U.S.C. 1a) is amended by adding at the end be issued only on the prior approval of the COURT.—The clerk of the appropriate court the following: Commission. under subparagraph (B)(ii) shall transmit to ‘‘(35) SWAP.— ‘‘(7) REFUSAL TO OBEY.—In case of contu- the Commission a copy of a petition filed ‘‘(A) IN GENERAL.—Except as provided in macy by, or refusal to obey a subpoena under subparagraph (B)(ii). subparagraph (B), the term ‘swap’ means any issued to, any person, the Commission may ‘‘(ii) DUTY OF COMMISSION.—In accordance agreement, contract, or transaction that— invoke the aid of any court of the United with section 2112 of title 28, United States ‘‘(i) is a put, call, cap, floor, collar, or simi- States within the jurisdiction in which the Code, the Commission shall file in the appro- investigation or proceeding is conducted, or lar option of any kind for the purchase or priate court described in subparagraph (B)(ii) sale of, or based on the value of, one or more where such person resides or transacts busi- the record theretofore made. ness, in requiring the attendance and testi- interest or other rates, currencies, commod- ‘‘(iii) JURISDICTION OF APPROPRIATE mony of witnesses and the production of ities, securities, instruments of indebted- COURT.—Upon the filing of a petition under ness, indices, quantitative measures, or books, papers, correspondence, memoranda, subparagraph (B)(ii), the appropriate court and other records. Such court may issue an other financial or economic interests or described in subparagraph (B)(ii) shall have property of any kind; order requiring such person to appear before jurisdiction to affirm, set aside, or modify the Commission or member or Administra- ‘‘(ii) provides for any purchase, sale, pay- the order of the Commission, and the find- tive Law Judge or other officer designated ment, or delivery (other than a dividend on ings of the Commission as to the facts, if by the Commission, there to produce records, an equity security) that is dependent on the supported by the weight of evidence, shall in if so ordered, or to give testimony touching occurrence, non-occurrence, or the extent of like manner be conclusive.’’. the matter under investigation or in ques- the occurrence of an event or contingency tion. SEC. 3. CEASE AND DESIST ORDERS, FINES. associated with a potential financial, eco- ‘‘(8) FAILURE TO OBEY.—Any failure to obey Section 6(d) of the Commodity Exchange nomic, or commercial consequence; such order of the court may be punished by Act (7 U.S.C. 13b) is amended to read as fol- ‘‘(iii) provides on an executory basis for the court as a contempt thereof. All process lows: the exchange, on a fixed or contingent basis, in any such case may be served in the judi- ‘‘(d) If any person (other than a registered of one or more payments based on the value cial district wherein such person is an inhab- entity), directly or indirectly, is using or or level of one or more interest or other itant or transacts business or wherever such employing, or attempting to use or employ, rates, currencies, commodities, securities, person may be found. in connection with a swap, or a contract of instruments of indebtedness, indices, quan- ‘‘(9) EVIDENCE.—On the receipt of evidence sale of a commodity, in interstate com- titative measures, or other financial or eco- under paragraph (3)(C)(iii)(II), the Commis- merce, or for future delivery on or subject to nomic interests or property of any kind, or sion may— the rules of any registered entity, any ma- any interest therein or based on the value ‘‘(A) prohibit the person that is the subject nipulative or deceptive device or contriv- thereof, and that transfers, as between the of the hearing from trading on, or subject to ance, in contravention of such rules and reg- parties to the transaction, in whole or in the rules of, any registered entity and re- ulations as the Commission shall promulgate part, the financial risk associated with a fu- quire all registered entities to refuse the per- by not later than 1 year after the date of en- ture change in any such value or level with- son all privileges on the registered entities actment of the Derivatives Market Manipu- out also conveying a current or future direct for such period as the Commission may re- lation Prevention Act of 2009, the Commis- or indirect ownership interest in an asset quire in the order; sion may, upon notice and hearing, and sub- (including any enterprise or investment ‘‘(B) if the person is registered with the ject to appeal as in other cases provided for pool) or liability that incorporates the finan- Commission in any capacity, suspend, for a in sections 9 and 15 of this title, make and cial risk so transferred, including any agree- period not to exceed 180 days, or revoke, the enter an order directing that such person ment, contract, or transaction commonly registration of the person; shall cease and desist therefrom and, if such known as an interest rate swap, a rate floor, ‘‘(C) assess such person— person thereafter and after the lapse of the rate cap, rate collar, cross-currency rate ‘‘(i) a civil penalty of not more than an period allowed for appeal of such order or swap, basis swap, currency swap, foreign ex- amount equal to the greater of— after the affirmance of such order, shall fail change swap, total return swap, equity index ‘‘(I) $140,000; or or refuse to obey or comply with such order, swap, equity swap, debt index swap, debt ‘‘(II) triple the monetary gain to such per- such person shall be guilty of a misdemeanor swap, credit spread, credit default swap, son for each such violation; or and, upon conviction thereof, shall be fined credit swap, weather swap, energy swap, ‘‘(ii) in any case of manipulation or at- not more than the higher of $140,000 or triple metal swap, agricultural swap, emissions tempted manipulation in violation of this the monetary gain to such person, or impris- swap, or commodity swap; subsection, subsection (d), or section 9(a)(2), oned for not less than six months nor more ‘‘(iv) is an agreement, contract, or trans- a civil penalty of not more than an amount than one year, or both, except that if such action that is, or in the future becomes, equal to the greater of— failure or refusal to obey or comply with commonly known to the trade as a swap; or ‘‘(I) $1,000,000; or such order involves any offense within sub- ‘‘(v) is any combination or permutation of, ‘‘(II) triple the monetary gain to the per- section (a) or (b) of section 13 of this title, or option on, any agreement, contract, or son for each such violation; and such person shall be guilty of a felony and, transaction described in any of clauses (i) ‘‘(D) through an order of the Commission, upon conviction thereof, shall be subject to through (iv); require restitution to customers of damages the penalties of said subsection (a) or (b): ‘‘(B) EXCLUSIONS.—The term ‘swap’ does proximately caused by violations of the per- Provided, That any such cease and desist not include: son. order against any respondent in any case of ‘‘(i) any contract of sale of a commodity ‘‘(10) ORDERS.— under this subsection shall be issued only in for future delivery or security futures prod- ‘‘(A) NOTICE.—The Commission shall pro- conjunction with an order issued against uct traded on or subject to the rules of any vide to a person described in paragraph (9)(A) such respondent under sections 9 and 15 of board of trade designated as a contract mar- and the appropriate governing board of the this title. Each day during which such fail- ket under section 5 or 5f; registered entity notice of the order de- ure or refusal to obey or comply with such ‘‘(ii) any sale of a nonfinancial commodity scribed in paragraph (9)(A) by— order continues shall be deemed a separate for deferred shipment or delivery, so long as ‘‘(i) registered mail; offense.’’. such transaction is physically settled;

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9559 ‘‘(iii) any put, call, straddle, option, or nal arsonist and criminal bomber reg- to-date information on potential privilege on any security, certificate of de- istry program, and for other purposes; arsonists and bombers. posit, or group or index of securities, includ- to the Committee on the Judiciary. The bill would require convicted ing any interest therein or based on the Mrs. FEINSTEIN. Mr. President, arsonists and bombers to register and value thereof, that is subject to the Securi- ties Act of 1933 (15 U.S.C. 77a et seq.) and the today I am pleased to join with Sen- regularly update their personal infor- Securities Exchange Act of 1934 (15 U.S.C. 78a ator BOXER in introducing the Man- mation in a new arsonist registry. In et seq.); aging Arson Through Criminal History, the future this will allow law enforce- ‘‘(iv) any put, call, straddle, option, or MATCH, Act of 2009. This bill is a com- ment and fire investigators to have an privilege relating to foreign currency en- panion to a bill introduced in the accessible database they can use to ei- tered into on a national securities exchange House of Representatives by Represent- ther find or rule out people of interest. registered pursuant to section 6(a) of the Se- atives BONO MACK and SCHIFF. This will allow them to more easily curities Exchange Act of 1934 (15 U.S.C. The bill would establish Federal and complete their investigations, find the 78f(a)); State arson registries; require con- person responsible, and ensure that ‘‘(v) any agreement, contract, or trans- action providing for the purchase or sale of victed arsonists and bombers to reg- more wildfires won’t get started inten- one or more securities on a fixed basis that ister and update certain specified infor- tionally. is subject to the Securities Act of 1933 (15 mation for 5 years after a first convic- This bill represents common-sense U.S.C. 77a et seq.) and the Securities Ex- tion, 10 years after a second conviction, legislation that will help law enforce- change Act of 1934 (15 U.S.C. 78a et seq.); and for life after a third conviction; ment officers do their jobs. Hundreds of ‘‘(vi) any agreement, contract, or trans- and authorize grants and incentives firefighters worked on controlling the action providing for the purchase or sale of through the Department of Justice so Station Fire. We owe it to these brave one or more securities on a contingent basis that these registries will be oper- men and women who put their lives on that is subject to the Securities Act of 1933 (15 U.S.C. 77a et seq.) and the Securities Ex- ational within 3 years. the line—and others like them who will change Act of 1934 (15 U.S.C. 78a et seq.), un- Southern California just went do so in the future—to give fire inves- less such agreement, contract, or trans- through one of the worst fire disasters tigators this important new tool, so action predicates such purchase or sale on in its history. The Station Fire de- they can help bring arsonists and the occurrence of a bona fide contingency stroyed 160,500 acres, destroyed more bombers to justice. that might reasonably be expected to affect than 80 homes and threatened more I urge my colleagues to support this or be affected by the creditworthiness of a than 12,000 homes. Right now, the fire important legislation. party other than a party to the agreement, is still burning in wilderness areas on Mr. President, I ask unanimous con- contract, or transaction; sent that the text of the bill be printed ‘‘(vii) any note, bond, or evidence of in- its eastern flank in the Angeles Na- debtedness that is a security as defined in tional Forest. in the RECORD. section 2(a) of the Securities Act of 1933 (15 Two firefighters, Fire Captain There being no objection, the text of U.S.C. 77b(a)); Tedmund ‘‘Ted’’ Hall, 47, of San the bill was ordered to be printed in ‘‘(viii) any agreement, contract, or trans- Bernardino County, and Firefighter the RECORD, as follows: action that is— Specialist Arnaldo ‘‘Arnie’’ Quinones, S. 1684 ‘‘(I) based on a security; and 34, of Palmdale, served with dedication Be it enacted by the Senate and House of Rep- ‘‘(II) entered into directly or through an and courage. They were killed August resentatives of the United States of America in underwriter (as defined in section 2(a) of the 30th when their truck slipped off a Congress assembled, Securities Act of 1933) (15 U.S.C. 77b(a)) by winding dirt road high in the Angeles SECTION 1. SHORT TITLE. the issuer of such security for the purposes This Act may be cited as the ‘‘Managing of raising capital, unless such agreement, National Forest. Officials believe the truck might have been overrun by Arson Through Criminal History (MATCH) contract, or transaction is entered into to Act of 2009’’. manage a risk associated with capital rais- flames from the wildfire. ing; or SEC. 2. CRIMINAL ARSONIST AND CRIMINAL Though the incident is still under in- BOMBER REGISTRATION AND NOTI- ‘‘(ix) any agreement, contract, or trans- vestigation, officials believe that Hall FICATION PROGRAM. action a counterparty of which is a Federal and Quinones may have ordered dozens (a) REGISTRY REQUIREMENTS FOR JURISDIC- Reserve bank, the United States government of people to seek shelter while they TIONS.— or an agency of the United States govern- fought through active flames to search (1) JURISDICTION TO MAINTAIN A REGISTRY.— ment that is expressly backed by the full Each jurisdiction shall establish and main- faith and credit of the United States. for an escape route. There is no doubt that the Station tain a jurisdiction-wide arsonist and bomber ‘‘(C) RULE OF CONSTRUCTION REGARDING registry in accordance with this section. Fire, the largest wildfire in the history MASTER AGREEMENTS.—The term ‘swap’ shall (2) GUIDELINES AND REGULATIONS.—The At- be construed to include a master agreement of Los Angeles County, was the result torney General shall issue guidelines and that provides for an agreement, contract, or of arson after investigators examined regulations to carry out this section. transaction that is a swap pursuant to sub- forensic evidence from scorched land- (b) REGISTRY REQUIREMENTS FOR CRIMINAL paragraph (A), together with all supplements scape off Angeles Crest Highway. The ARSONISTS AND BOMBERS.— to any such master agreement, without re- spot is believed to be the source of ori- (1) IN GENERAL.—A criminal arsonist or gard to whether the master agreement con- criminal bomber shall register, and shall tains an agreement, contract, or transaction gin of the Station fire and investiga- tors have found incendiary material keep the registration current in accordance that is not a swap pursuant to subparagraph with paragraph (3), in each jurisdiction in (A), except that the master agreement shall near the site. which the criminal arsonist or criminal be considered to be a swap only with respect This was a disaster of massive pro- bomber resides, is an employee, or is a stu- to each agreement, contract, or transaction portions—preliminary estimates indi- dent. under the master agreement that is a swap cate that these fires will cost $100 mil- (2) INITIAL REGISTRATION.—A criminal ar- pursuant to subparagraph (A).’’. lion. In these tough economic times, sonist or criminal bomber shall initially reg- SEC. 6. EFFECTIVE DATE. this cost and its effect on the economy ister— (a) IN GENERAL.—The amendments made by (A) in addition to any jurisdiction de- sections 2, 3, and 4 shall take effect on the of California is enormous and will have an impact for years to come. scribed in paragraph (1), in the jurisdiction date on which the final rule promulgated by in which the criminal arsonist or criminal the Commodity Futures Trading Commission Although the Federal Government bomber was convicted; and pursuant to the Derivatives Market Manipu- may foot 80 to 90 percent of the bill for (B)(i) before completing a sentence of im- lation Prevention Act of 2009 takes effect. fighting the fire, which broke out in prisonment with respect to the arson offense (b) DEFINITION OF SWAP.—The amendment national parkland, the state’s share or bombing offense giving rise to the reg- made by section 5 shall take effect on the istration requirement; or date of enactment of this Act. will hit at a time when California is in the grip of a fiscal crisis. (ii) not later than 5 business days after By Mrs. FEINSTEIN (for herself Unfortunately, this is not the first or being sentenced for the arson offense or bombing offense giving rise to the registra- and Mrs. BOXER): last time that a wildfire in California is started by an arsonist. It doesn’t tion requirement, if the criminal arsonist or S. 1684. A bill to establish guidelines criminal bomber is not sentenced to a term and incentives for States to establish need to be that way. The bill that I in- of imprisonment. criminal arsonist and criminal bomber troduce today—the MATCH Act would (3) KEEPING THE REGISTRATION CURRENT.— registries and to require the Attorney assist fire investigators and law en- (A) IN GENERAL.—Not later than 10 business General to establish a national crimi- forcement officials by giving them up- days after each change of name, residence,

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employment, or student status, a criminal criminal bomber to comply with the require- (B) CRIMINAL ARSONIST OR BOMBER DE- arsonist or criminal bomber shall appear in ments of this section. SCRIBED.—A criminal arsonist or criminal person in at least 1 jurisdiction described in (6) AUTHORITY TO EXEMPT CERTAIN INDIVID- bomber described in this subparagraph is a paragraph (1) and inform the jurisdiction of UALS FROM REGISTRY REQUIREMENTS.—A juris- criminal arsonist or criminal bomber who— all changes in the information required for diction may exempt a criminal arsonist or (i) was a juvenile tried as an adult for the that criminal arsonist or criminal bomber in criminal bomber who has been convicted of arson offense or bombing offense giving rise the arsonist and bomber registry involved. an arson offense or a bombing offense for the to the duty of the individual to register (B) PROVISION TO OTHER JURISDICTIONS.—A first time from the registration require- under this section; and jurisdiction receiving information under sub- ments under this section in exchange for the (ii) was not convicted of any other felony paragraph (A) shall immediately provide the substantial assistance of the individual in during the period beginning on the first day revised information to all other jurisdictions the investigation or prosecution of another of the full registration period for the crimi- in which the criminal arsonist or criminal person who has committed a criminal of- nal arsonist or criminal bomber and ending bomber is required to register. fense. The Attorney General shall ensure on the last day of the 5-year period described (4) APPLICATION OF REGISTRATION REQUIRE- that any regulations promulgated under this in subparagraph (A). MENTS.— section include guidelines establishing cri- (C) APPLICATION TO OTHER DATABASES.—The (A) IN GENERAL.—Except as provided in the teria regarding when it is appropriate to ex- Attorney General shall establish a process to guidelines established under subparagraph empt an individual from the registration re- ensure that each entity that receives infor- (B), the requirements of this section, includ- quirements under this section. mation under subsection (j) with respect to a ing the duties to register and to keep a reg- (c) INFORMATION REQUIRED IN REGISTRA- criminal arsonist or criminal bomber de- istration current, shall apply only to a TION.— scribed in subparagraph (B) shall expunge criminal arsonist or criminal bomber who (1) PROVIDED BY ARSONIST OR BOMBER.—A the applicable database of the information was— criminal arsonist or criminal bomber shall on the date that is 5 years after the last day (i) convicted of an arson offense or a bomb- provide to the appropriate officer of a juris- of the full registration period for the crimi- ing offense on or after the date of enactment diction in which the individual is required to nal arsonist or criminal bomber. of this Act; and register for inclusion in the arsonist and (e) ANNUAL VERIFICATION.—Not less than (ii) notified of the duties and registered in bomber registry of the jurisdiction— once during each calendar year during the accordance with subsection (f). (A) the name of the individual (including full registration period, a criminal arsonist (B) APPLICATION TO CRIMINAL ARSONISTS OR any alias used by the individual); or criminal bomber required to register CRIMINAL BOMBERS UNABLE TO COMPLY WITH (B) the Social Security number of the indi- under this section shall— PARAGRAPH (2)(B).— vidual; (1) appear in person at not less than 1 juris- (i) GUIDELINES.—The Attorney General (C) the address of each residence at which diction in which the individual is required to shall establish guidelines in accordance with the individual resides or will reside; register; this subparagraph for each jurisdiction for— (D) the name and address of any place (2) allow the jurisdiction to take a photo- (I) the application of the requirements of where the individual is an employee or will graph of the individual; and this section to criminal arsonists or criminal (3) while present at the jurisdiction, verify bombers convicted before the date of the en- be an employee; the information in each arsonist and bomber actment of this Act, or the date of the imple- (E) the name and address of any place registry in which the individual is required mentation of this section in such a jurisdic- where the individual is a student or will be tion; and a student; to be registered. (II) the registration of any criminal arson- (F) the license plate number and a descrip- (f) DUTY TO NOTIFY CRIMINAL ARSONISTS ist or criminal bomber described in sub- tion of any vehicle owned or operated by the AND CRIMINAL BOMBERS OF REGISTRATION RE- clause (I) who is otherwise unable to comply individual; and QUIREMENTS AND TO REGISTER.— with paragraph (2)(B). (G) any other information required by the (1) IN GENERAL.—An appropriate officer (ii) INFORMATION REQUIRED TO BE INCLUDED Attorney General. shall, shortly before release of a criminal ar- IN REGISTRY.—With respect to each criminal (2) PROVIDED BY THE JURISDICTION.—The ju- sonist or criminal bomber from custody, or, arsonist or criminal bomber described in risdiction in which a criminal arsonist or if the individual is not in custody, imme- clause (i) convicted of an arson offense or criminal bomber registers shall ensure that diately after the sentencing of the individual bombing offense during the 10-year period the arsonist and bomber registry of the juris- for the arson offense or bombing offense giv- ending on the date of enactment of this Act, diction includes— ing rise to the duty of the individual to reg- the guidelines under clause (i) shall provide (A) a physical description of the individual; ister— for the inclusion in the arsonist and bomber (B) the text of the provision of law estab- (A) inform the individual of the duties of registry of each applicable jurisdiction (and, lishing the arson offense or bombing offense the individual under this section and explain in accordance with subsection (j), the provi- giving rise to the duty of the individual to those duties in a manner that the individual sion by the jurisdiction to each entity de- register; can understand in light of the native lan- scribed in subsection (j)) of— (C) the criminal history of the individual, guage, mental capability, and age of the in- (I) the name of the criminal arsonist or including the date of all arrests and convic- dividual; criminal bomber (including any alias used by tions, the status of parole, probation, or su- (B) ensure that the individual understands the individual); pervised release, registration status, and the the registration requirement, and if so, re- (II) the Social Security number of the indi- existence of any outstanding arrest warrants quire the individual to read and sign a form vidual; for the individual; stating that the duty to register has been ex- (III) the most recent known address of the (D) a current photograph of the individual; plained and that the individual understands residence at which the individual has re- (E) a set of fingerprints and palm prints of the registration requirement; sided; the individual; (C) if the individual is unable to under- (IV) a physical description of the indi- (F) a photocopy of a valid driver’s license stand the registration requirements, sign a vidual; or identification card issued to the indi- form stating that the individual is unable to (V) the text of the provision of law estab- vidual by a jurisdiction; and understand the registration requirements; lishing the arson offense or bombing offense (G) any other information required by the and giving rise to the duty of the individual to Attorney General. (D) ensure that the individual is registered register; (d) DURATION OF REGISTRATION REQUIRE- in accordance with this section. (VI) a set of fingerprints and palm prints of MENT; EXPUNGING REGISTRIES OF INFORMA- (2) NOTIFICATION OF CRIMINAL ARSONISTS the individual; TION FOR CERTAIN JUVENILE CRIMINALS.— AND CRIMINAL BOMBERS WHO CANNOT COMPLY (VII) a photocopy of a valid driver’s license (1) DURATION OF REGISTRATION REQUIRE- WITH PARAGRAPH (1).—The Attorney General or identification card issued to the indi- MENT.—A criminal arsonist or criminal shall prescribe rules to ensure the notifica- vidual by a jurisdiction, if available; and bomber shall keep the registration informa- tion and registration in accordance with this (VIII) any other information required by tion provided under subsection (c) current in section of criminal arsonists and criminal the Attorney General. accordance with subsection (b)(3) for the full bombers who cannot be registered in accord- (iii) NOTICE REQUIRED.—The guidelines registration period. ance with paragraph (1). under clause (i) shall require notice to each (2) EXPUNGING REGISTRIES OF INFORMATION (g) ACCESS TO INFORMATION THROUGH THE criminal arsonist or criminal bomber in- FOR CERTAIN JUVENILE CRIMINALS.— INTERNET.— cluded in an arsonist and bomber registry (A) IN GENERAL.—In the case of a criminal (1) IN GENERAL.—Except as provided in this pursuant to this subparagraph of such inclu- arsonist or criminal bomber described in subsection, each jurisdiction shall make sion. subparagraph (B), a jurisdiction shall ex- available on the Internet, in a manner that (5) STATE PENALTY FOR FAILURE TO COM- punge the arson and bomber registry of the is readily accessible to law enforcement per- PLY.—Each jurisdiction, other than a Feder- jurisdiction of information relating to the sonnel and fire safety officers located in the ally recognized Indian tribe, shall provide a criminal arsonist or criminal bomber on the jurisdiction, all information about each criminal penalty that includes a maximum date that is 5 years after the last day of the criminal arsonist and criminal bomber in the term of imprisonment that is greater than 1 full registration period for the criminal ar- arsonist and bomber registry of the jurisdic- year for the failure of a criminal arsonist or sonist or criminal bomber. tion.

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(2) COORDINATION WITH NATIONAL DATA- section such sums as may be necessary for (2) CRITERIA.—The software described in BASE.—Each jurisdiction shall— each of fiscal years 2010 through 2014. paragraph (1) shall facilitate— (A) ensure that the Internet site of the ju- (i) NATIONAL ARSONIST AND BOMBER INTER- (A) immediate exchange of information risdiction described in paragraph (1) includes NET SITE.— among jurisdictions; all field search capabilities needed for full (1) IN GENERAL.—The Attorney General (B) access over the Internet to appropriate participation in the national Internet site shall establish and maintain a national ar- information, including the number of reg- established under subsection (i); and sonist and bomber Internet site. The Inter- istered criminal arsonists or criminal bomb- (B) participate in the national Internet net site shall include relevant information ers in each jurisdiction; site established under subsection (i) in ac- for each criminal arsonist or criminal bomb- (C) full compliance with the requirements cordance with regulations promulgated by er. The Internet site shall allow law enforce- of this section; and the Attorney General under this section. ment officers and fire safety officers to ob- (D) communication of information as re- (3) PROHIBITION ON ACCESS BY THE PUBLIC.— tain relevant information for each criminal quired under subsection (j). Information about a criminal arsonist or arsonist or criminal bomber by a single (3) DEADLINE.—Not later than 2 years after criminal bomber shall not be made available query for any given zip code or geographical the date of enactment of this Act, the Attor- on the Internet to the public under para- radius set by the user in a form and with ney General shall make available to jurisdic- graph (1). such limitations as may be established by tions a fully operational edition of the soft- (4) MANDATORY EXEMPTIONS.—A jurisdic- the Attorney General and shall have such ware described in paragraph (1). tion shall exempt from disclosure on the other field search capabilities as the Attor- (m) PERIOD FOR IMPLEMENTATION BY JURIS- Internet site of the jurisdiction described in ney General may provide. DICTIONS paragraph (1)— (2) PROHIBITION ON ACCESS BY THE PUBLIC.— .— (A) any information about a criminal ar- Information about a criminal arsonist or (1) DEADLINE.—A jurisdiction shall imple- sonist or criminal bomber involving convic- criminal bomber shall not be made available ment this section not later than the later tion for an offense other than the arson of- on the Internet to the public under para- of— fense or bombing offense giving rise to the graph (1). (A) 3 years after the date of enactment of duty of the individual to register; (3) AUTHORIZATION OF APPROPRIATIONS.— this Act; or (B) if the criminal arsonist or criminal There are authorized to be appropriated to (B) 1 year after the date on which the soft- bomber is participating in a witness protec- the Attorney General to carry out this sub- ware described in subsection (l) is made tion program, any information about the in- section such sums as may be necessary for available to the jurisdiction. dividual the release of which could jeop- each of fiscal years 2010 through 2014. (2) EXTENSIONS.—The Attorney General ardize the safety of the individual or any (j) NOTIFICATION PROCEDURES.— may make not more than 2 1-year extensions other person; and (1) IN GENERAL.—Immediately after a of the deadline under paragraph (1) for a ju- (C) any other information identified as a criminal arsonist or criminal bomber reg- risdiction. mandatory exemption from disclosure by the isters in the arsonist and bomber registry of (3) FAILURE OF JURISDICTION TO COMPLY.— Attorney General. a jurisdiction, or updates a registration in For any fiscal year after the expiration of (5) OPTIONAL EXEMPTIONS.—A jurisdiction the arsonist and bomber registry of a juris- the deadline specified in paragraph (1) (in- may exempt from disclosure on the Internet diction, an appropriate officer of the juris- cluding any extension under paragraph (2)), site of the jurisdiction described in para- diction shall provide the information in the that a jurisdiction fails to substantially im- graph (1)— arsonist and bomber registry (other than in- plement this section, as determined by the (A) the name of an employer of a criminal formation exempted from disclosure by this Attorney General, the jurisdiction shall not arsonist or criminal bomber; and section or the Attorney General) about the receive 10 percent of the funds that would (B) the name of an educational institution individual to the entities described in para- otherwise be allocated for that fiscal year to where a criminal arsonist or criminal bomb- graph (2). the jurisdiction under subpart 1 of part E of er is a student. (2) ENTITIES.—The entities described in title I of the Omnibus Crime Control and (6) CORRECTION OF ERRORS.—The Attorney this paragraph are— Safe Streets Act of 1968 (42 U.S.C. 3750 et General shall establish guidelines to be used (A) the Attorney General; seq.). by each jurisdiction to establish a process to (B) appropriate law enforcement agencies (n) ELECTION BY INDIAN TRIBES.— seek correction of information included in (including probation agencies, if applicable) (1) ELECTION.— the Internet site of the jurisdiction described in each area in which the criminal arsonist (A) IN GENERAL.—A federally recognized In- in paragraph (1) if an individual contends the or criminal bomber resides, is an employee, dian tribe may, by resolution or other enact- information is erroneous. The guidelines es- or is a student; ment of the tribal council or comparable tablished under this paragraph shall estab- (C) each jurisdiction in which the criminal governmental body, elect to carry out this lish the period, beginning on the date on arsonist or criminal bomber resides, is an section as a jurisdiction subject to its provi- which an individual has knowledge of the in- employee, or is a student; and sions. clusion of information in the Internet site, (D) each jurisdiction from or to which a (B) IMPLEMENTATION.—A federally recog- during which the individual may seek the change of residence, employment, or student nized Indian tribe that, as of the date that is correction of the information. status occurs. 1 year after the date of enactment of this (7) WARNING.—An Internet site of a juris- (k) ACTIONS TO BE TAKEN WHEN CRIMINAL Act, has not made an election described in diction described in paragraph (1) shall in- ARSONIST OR CRIMINAL BOMBER FAILS TO subparagraph (A) shall, by resolution or clude a warning that— COMPLY.— other enactment of the tribal council or (A) information on the site is to be used for (1) JURISDICTIONS.—An appropriate officer comparable governmental body, enter into a law enforcement purposes only and may only of a jurisdiction shall— cooperative agreement to arrange for a juris- be disclosed in connection with law enforce- (A) notify the Attorney General and appro- diction to carry out any function of the tribe ment purposes; and priate law enforcement agencies if a crimi- under this section until such time as the (B) any action in violation of subparagraph nal arsonist or criminal bomber fails to com- tribe elects to carry out this section. (A) may result in a civil or criminal penalty. ply with the requirements of the arsonist (2) COOPERATION BETWEEN TRIBAL AUTHORI- (h) NATIONAL CRIMINAL ARSONIST AND and bomber registry of the jurisdiction; and TIES AND OTHER JURISDICTIONS.— CRIMINAL BOMBER REGISTRY.— (B) revise the arsonist and bomber registry (A) NONDUPLICATION.—A federally recog- (1) IN GENERAL.—The Attorney General of the jurisdiction to reflect the nature of nized Indian tribe subject to this section is shall maintain a national database at the the failure. not required to duplicate functions under Bureau of Alcohol, Tobacco, Firearms, and (2) ENSURING COMPLIANCE.—If a criminal ar- this section that are fully carried out by 1 or Explosives that includes relevant informa- sonist or criminal bomber fails to comply more jurisdictions within which the terri- tion for each criminal arsonist or criminal with the requirements of the arsonist and tory of the tribe is located. bomber (including any information provided bomber registry of a jurisdiction, an appro- (B) COOPERATIVE AGREEMENTS.—A federally under subsection (j)). The database shall be priate officer of the jurisdiction, the Attor- recognized Indian tribe, through cooperative known as the National Criminal Arsonist ney General, and any law enforcement agen- agreements with 1 or more jurisdictions and Criminal Bomber Registry. cy notified under paragraph (1)(A) shall take within which the territory of the tribe is lo- (2) ELECTRONIC FORWARDING.—The Attor- any appropriate action to ensure compli- cated, may— ney General shall ensure (through the na- ance. (i) arrange for the tribe to carry out any tional registry maintained under this sub- (l) DEVELOPMENT AND AVAILABILITY OF function of the jurisdiction under this sec- section or otherwise) that updated informa- REGISTRY MANAGEMENT AND WEBSITE SOFT- tion with respect to criminal arsonists or tion about a criminal arsonist or criminal WARE.— criminal bombers subject to the jurisdiction bomber is immediately transmitted by elec- (1) DUTY TO DEVELOP AND SUPPORT.—In con- of the tribe; and tronic forwarding to all relevant jurisdic- sultation with the jurisdictions, the Attor- (ii) arrange for the jurisdiction to carry tions. ney General shall develop and support soft- out any function of the tribe under this sec- (3) AUTHORIZATION OF APPROPRIATIONS.— ware to enable jurisdictions to establish and tion with respect to criminal arsonists and There are authorized to be appropriated to operate arsonist and bomber registries and criminal bombers subject to the jurisdiction the Attorney General to carry out this sub- Internet sites described in subsection (g). of the tribe.

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(3) LAW ENFORCEMENT AUTHORITY IN INDIAN tion of the laws of the jurisdiction in which other place where an individual habitually COUNTRY.—Enforcement of this section in In- the offense was committed or the laws of the lives. dian country, as defined in section 1151 of United States. (13) STUDENT.—The term ‘‘student’’ means title 18, United States Code, shall be carried (4) CRIMINAL ARSONIST.—The term ‘‘crimi- an individual who enrolls in or attends an out by the Federal Government, tribal gov- nal arsonist’’— educational institution (whether public or ernments, and State governments under ju- (A) means an individual who is convicted private), including a secondary school, trade risdictional authorities in effect on the date of an arson offense; and or professional school, and institution of of enactment of this Act. (B) does not include a juvenile who is con- higher education. (o) IMMUNITY FOR GOOD FAITH CONDUCT.— victed of an arson offense unless the juvenile The Federal Government, a jurisdiction, a was tried as an adult for the arson offense. By Mr. FEINGOLD (for himself, political subdivision of a jurisdiction, and an (5) CRIMINAL BOMBER.—The term ‘‘criminal Mr. DURBIN, Mr. TESTER, Mr. agency, officer, employee, and agent of the bomber’’— UDALL, of New Mexico, Mr. Federal Government, a jurisdiction, or a po- (A) means an individual who is convicted BINGAMAN, Mr. SANDERS, Mr. litical subdivision of a jurisdiction shall not of a bombing offense; and be held liable in any Federal or State court (B) does not include a juvenile who is con- AKAKA, Mr. WYDEN, Mr. MENEN- for any good faith conduct to carry out this victed of a bombing offense unless the juve- DEZ, and Mr. MERKLEY): section. nile was tried as an adult for the bombing of- S. 1686. A bill to place reasonable (p) CRIMINAL ARSONIST AND CRIMINAL BOMB- fense. safeguards on the use of surveillance ER MANAGEMENT ASSISTANCE PROGRAM.— (6) CRIMINAL OFFENSE.—The term ‘‘criminal and other authorities under the USA (1) IN GENERAL.—The Attorney General offense’’ means a Federal, State, local, trib- PATRIOT Act, and for other purposes; shall establish and implement a Criminal Ar- al, foreign, or military offense (to the extent sonist and Bomber Management Assistance to the Committee on the Judiciary. specified by the Secretary of Defense under Mr. FEINGOLD. Mr. President, I am program (in this subsection referred to as section 115(a)(8)(C)(i) of the Departments of the ‘‘Assistance Program’’), under which the Commerce, Justice, and State, the Judiciary, pleased today to introduce the Judi- Attorney General may make grants to juris- and Related Agencies Appropriations Act, cious Use of Surveillance Tools In dictions to offset the costs of implementing 1998 (Public Law 105–119; 10 U.S.C. 951 note)) Counterterrorism Efforts, or JUSTICE, this section. or other criminal offense. Act of 2009. I have had the privilege of (2) APPLICATION.—A jurisdiction desiring a (7) EMPLOYEE.—The term ‘‘employee’’ in- working closely on this bill with Sen- grant under this subsection for a fiscal year cludes an individual who is self-employed or shall submit to the Attorney General an ap- ator DURBIN, as I have on so many of works for any other entity, whether com- these issues over the years, and I wel- plication in such form and containing such pensated or not. come the support of Senators TESTER, information as the Attorney General may re- (8) FIRE SAFETY OFFICER.—The term ‘‘fire quire. safety officer’’ means an individual serving TOM UDALL, BINGAMAN, SANDERS, (3) INCREASED GRANT PAYMENTS FOR PROMPT in an official capacity as a firefighter, fire AKAKA and WYDEN. I am also pleased COMPLIANCE.— investigator, or other arson investigator, as that the bill has the support of organi- (A) IN GENERAL.—A jurisdiction that, as de- defined by the jurisdiction for the purposes zations and activists across the polit- termined by the Attorney General, has sub- of this section. ical spectrum, from former Republican stantially implemented this section not (9) FULL REGISTRATION PERIOD.— Congressman Bob Barr to the Amer- later than 2 years after the date of enact- (A) IN GENERAL.—The term ‘‘full registra- ment of this Act is eligible for a bonus pay- tion period’’ means the period— ican Civil Liberties Union to the Amer- ment in addition to the amount of a grant to (i) beginning on the later of— ican Library Association. the jurisdiction under paragraph (1). The At- (I) the date on which an individual is con- At the end of this year, three provi- torney General may make a bonus payment victed of an arson offense or bombing of- sions of the USA PATRIOT Act will to a jurisdiction for the first fiscal year be- fense; sunset unless Congress acts to reau- ginning after the date on which the Attorney (II) the date on which an individual is re- thorize them. In my view, Congress General determines the jurisdiction has sub- leased from custody for conviction of an should take this opportunity to revisit stantially implemented this section. arson offense or bombing offense; or not just those three provisions, but (B) AMOUNT.—A bonus payment under this (III) the date on which an individual is paragraph shall be— placed on parole, supervised release, or pro- rather a broad range of surveillance (i) if the Attorney General determines that bation for an arson offense or bombing of- laws enacted in recent years to assess the jurisdiction has substantially imple- fense; and what additional safeguards are needed. mented this section not later than the date (ii) ending— The JUSTICE Act does just that: It that is 1 year after the date of enactment of (I) for an individual who has been con- takes a comprehensive approach to fix- this Act, in an amount equal to 10 percent of victed of an arson offense or bombing offense ing the Patriot Act and the FISA the amount of a grant to the jurisdiction for the first time, 5 years after the date de- Amendments Act, once and for all. It under paragraph (1) for the fiscal year in scribed in clause (i); permits the government to conduct which the bonus payment is made; and (II) for an individual who has been con- (ii) if the Attorney General determines victed of an arson offense or bombing offense necessary surveillance, but within a that the jurisdiction has substantially im- for the second time, 10 years after the date framework of accountability and over- plemented this section after the date that is described in clause (i); and sight. It ensures both that our govern- 1 year after the date of the enactment of this (III) for an individual who has been con- ment has the tools to keep us safe, and Act, and not later than 2 years after the date victed of an arson offense or bombing offense that the privacy and civil liberties of of enactment of this Act, in an amount equal more than twice, on the date on which the innocent Americans will be protected. to 5 percent of the amount of a grant to the individual dies. Because we can and must do both. (B) EXCLUSION OF TIME IN CUSTODY.—Any jurisdiction under paragraph (1) for the fiscal These are not mutually exclusive year in which the bonus payment is made. period during which an individual is in cus- goals. (4) AUTHORIZATION OF APPROPRIATIONS.— tody shall not be included in determining the There are authorized to be appropriated to end of the period under subparagraph (A). Indeed, the Department of Justice the Attorney General to carry out this sub- (10) JURISDICTION.—The term ‘‘jurisdic- just this week acknowledged as much section such sums as may be necessary for tion’’ means— in a letter setting forth its views on each of fiscal years 2010 through 2014. (A) a State; Patriot Act reauthorization. The De- (q) DEFINITIONS.—In this section: (B) the District of Columbia; partment said: ‘‘We also are aware that (1) ARSONIST AND BOMBER REGISTRY.—The (C) the Commonwealth of Puerto Rico; Members of Congress may propose term ‘‘arsonist and bomber registry’’ means (D) Guam; modifications to provide additional a registry of criminal arsonists and criminal (E) American Samoa; bombers, and a notification program, main- (F) the Commonwealth of the Northern protection for the privacy of law abid- tained by a jurisdiction under this section. Mariana Islands; ing Americans. As President Obama (2) ARSON OFFENSE.—The term ‘‘arson of- (G) the Virgin Islands; and said in his speech at the National Ar- fense’’ means any criminal offense for com- (H) to the extent provided in and subject to chives on May 21, 2009, ‘We are indeed mitting arson, attempting arson, or con- the requirements of subsection (o), a feder- at war with al Qaeda and its affiliates. spiracy to commit arson in violation of the ally recognized Indian tribe. We do need to update our institutions laws of the jurisdiction in which the offense (11) LAW ENFORCEMENT OFFICER.—The term to deal with this threat. But we must was committed or the laws of the United ‘‘law enforcement officer’’ has the meaning do so with an abiding confidence in the States. given that term in section 1204 of the Omni- (3) BOMBING OFFENSE.—The term ‘‘bombing bus Crime Control and Safe Street Act of rule of law and due process; in checks offense’’ means any criminal offense for com- 1968 (42 U.S.C. 3796b). and balances and accountability.’ mitting a bombing, attempting a bombing, (12) RESIDES.—The term ‘‘resides’’ means Therefore, the Administration is will- or conspiracy to commit a bombing in viola- the location of the home of an individual or ing to consider such ideas, provided

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In many instances, the FBI’s lishes a standard of individualized sus- ties.’’ misuse of national security letters vio- picion for obtaining a FISA business I welcome the administration’s open- lated NSL statutes, Attorney General records order, requiring that the gov- ness to potential reforms of the Patriot Guidelines, or the FBI’s own internal ernment be able to demonstrate the Act and look forward to working to- policies.’’ After those Inspector Gen- records have some nexus to terrorism gether as the reauthorization process eral reports, there can no longer be any or espionage, and it creates procedural moves forward this fall. doubt that granting overbroad author- protections to prevent abuses. The bill But I remain concerned that critical ity leads to abuses. The FBI’s appar- also ensures robust, meaningful and information about the implementation ently lax attitude and in some cases constitutionally sound judicial review of the Patriot Act has not been made grave misuse of these potentially very of both National Security Letters and public—information that I believe intrusive authorities is attributable in Section 215 business records orders, and would have a significant impact on the no small part to the USA PATRIOT the gag orders that accompany them. debate. During the debate on the Pro- Act. That flawed legislation greatly ex- The bill also ensures that Americans tect America Act and the FISA Amend- panded the NSL authorities, essen- can feel safe in their homes by placing ments Acts in 2007 and 2008, critical tially granting the FBI a blank check reasonable checks on the so-called legal and factual information remained to obtain some very sensitive records ‘‘sneak and peek’’ search warrant pro- unknown to the public and to most about Americans, including people not vision of the Patriot Act. It would members of Congress—information under any suspicion of wrong-doing, eliminate the overbroad catch-all pro- that was certainly relevant to the de- without judicial approval. Congress vision that allows these searches to be bate and might even have made a dif- gave the FBI very few rules to follow, used in virtually any criminal case, ference in votes. And during the last and failed to adequately remedy those and it would shorten the presumptive Patriot Act reauthorization debate in shortcomings when it considered the time limits for notification that the 2005, a great deal of implementation in- NSL statutes as part of the Patriot Act search occurred. It also would create a reauthorization process in 2005. formation remained classified. This statutory exclusionary rule, in recogni- The JUSTICE Act, like the bipar- time around, we must find a way to tion of the strong Fourth Amendment tisan National Security Letter Reform have an open and honest debate about Act that I introduced in the 110th Con- interests at stake with regard to this the nature of these government powers, gress, would finally provide the statu- extraordinary exception to the usual while protecting national security se- tory safeguards needed to protect requirement that law enforcement crets. knock and announce themselves before As a first step, the Justice Depart- against abuse of NSLs. And it would remedy First Amendment violations in executing a search warrant. ment’s letter made public for the first The JUSTICE Act also includes a the NSL statutes that were identified time that the so-called ‘‘lone wolf’’ au- number of reasonable safeguards to last year by the U.S. Court of Appeals thority—one of the three expiring pro- protect Americans’ private commu- for the Second Circuit, in a decision visions—has never been used. That was where Justice Sotomayor participated nications. It permits the FBI to use a good start, since this is a key fact as on the panel. roving wiretaps under FISA, but pro- we consider whether to extend that Specifically, the JUSTICE Act re- vides safeguards to protect innocent power. But there also is information stricts the types of records that can be Americans from unnecessary surveil- about the use of Section 215 orders that obtained without a court order to those lance. It ensures that the FBI does not I believe Congress and the American that are the least sensitive and private, obtain sensitive information about people deserve to know. I do not under- and it ensures that the FBI can only Americans’ Internet usage without sat- estimate the importance of protecting use NSLs to obtain information about isfying an appropriate standard, and our national security secrets. But be- individuals with some nexus to a sus- subjects those authorities, called ‘‘pen fore we decide whether and in what pected terrorist or spy. It makes sure registers and trap and trace devices’’, form to extend these authorities, Con- that the FBI can no longer obtain the to new procedural checks. It provides gress and the American people deserve sensitive records of individuals three or new safeguards for the Patriot Act pro- to know at least basic information four times removed from a suspect, vision on computer trespass, which al- about how they have been used. So I most of whom would be entirely inno- lows computer owners who are subject hope that the administration will con- cent. It follows the road map laid out to hacking to give the government per- sider seriously making public some ad- by the Second Circuit to make sure the mission to monitor individuals on their ditional basic information, particu- gag orders that accompany NSLs do systems without a warrant. larly with respect to the use of Section not violate the First Amendment. The bill also addresses the FISA 215 orders. It prevents the use of so-called ‘‘exi- Amendments Act, FAA, which granted There can be no question that statu- gent letters,’’ which the IG found the the government new, over-expansive tory changes to our surveillance laws FBI was using in violation of the NSL surveillance authorities and provided are necessary. Since the Patriot Act statutes. It requires additional con- immunity to any companies that co- was first passed in 2001, we have gressional reporting on NSLs, and it operated with the blatantly illegal learned important lessons, and perhaps requires the FBI to establish a compli- warrantless wiretapping program that the most important of all is that Con- ance program and tracking database went on for more than five years—and gress cannot grant the government for NSLs. And it requires the Attorney that the prior administration repeat- overly broad authorities and just keep General to issue minimization proce- edly misled Congress about. That legis- its fingers crossed that they won’t be dures for information obtained through lation became law last year over my misused. Congress has the responsi- NSLs, so that information obtained strong objection, but it is not too late bility to put appropriate limits on gov- about Americans is subject to en- for Congress to fix it. ernment authorities—limits that allow hanced protections and the FBI does I offered several amendments to the agents to actively pursue criminals, not retain information obtained in FISA Amendments Act on the Senate terrorists and spies, but that also pro- error. floor—amendments that would have tect the privacy of innocent Ameri- The JUSTICE Act also fixes Section helped to make sure that the privacy of cans. 215, one of the most controversial pro- Americans’ communications are prop- This lesson was most clear in the visions of the Patriot Act and one of erly protected. And now those amend- context of National Security Letters. the three that is subject to the 2009 ments are part of the JUSTICE Act. In reports issued in 2007 and 2008, the sunset. This provision permits the gov- First, the bill would ensure that the Department of Justice Inspector Gen- ernment to obtain court orders for FISA Amendments Act cannot be used eral carefully documented rampant Americans’ business records under the to authorize the government to collect misuse and abuse of the National Secu- Foreign Intelligence Surveillance Act; the content of all communications be- rity Letter, NSL, authority by the FBI. it is often referred to as the ‘‘library’’ tween the U.S. and the rest of the The Inspector General found—as he put provision, although it covers all types world. Under the FAA, millions upon it—‘‘widespread and serious misuse of of business records. millions of communications between

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The JUSTICE Act would ensure FAA undermines the law that has been enormous and expensive effort to com- such bulk collection will never occur. on the books for decades—a law that plete the constitutionally mandated Second, the JUSTICE Act would in- was designed to prevent exactly the ‘‘actual enumeration.’’ I am proud of clude a meaningful prohibition on the type of abuses that occurred. Repealing our Census department and the many practice of reverse targeting—namely, that provision helps bolster the statu- people around the nation that will wiretapping a person overseas when tory framework that has for so long work together to produce what we hope what the government is really inter- helped to protect the privacy of Ameri- and expect will be a fair and accurate ested in is listening to an American cans’ communications. census. here at home with whom the foreigner The JUSTICE Act also provides addi- Unfortunately, current 2010 Census is communicating. It would do so by re- tional congressional and judicial over- questionnaires lack a critical question: quiring the government to obtain a sight of the Foreign Intelligence Sur- Are you a U.S citizen? How are we to court order whenever a significant pur- veillance Act. It ensures that the FBI accurately apportion representation in pose of the surveillance is to acquire provides some limited public reporting the House of Representatives and the the communications of an American in regarding its secret intelligence sur- Electoral College when no count of the U.S. veillance authority under FISA. It legal residents exists? Article 1 Section Third, the bill would create potential would give courts more authority to 2 of the U.S. Constitution mandates consequences if the government initi- oversee the process for determining that a census be taken every 10 years ates surveillance under the FAA using whether and how criminal defendants expressly for the purpose of appor- procedures that have not been ap- against whom FISA-derived evidence is tioning seats in the House of Rep- proved by the FISA Court, and the being used should get access to the un- resentatives. However apportionment FISA Court later finds that those pro- derlying applications and orders so is based on each State’s total popu- cedures were unlawful. Say, for exam- they can mount a challenge. lation—including illegal aliens—rel- ple, the FISA Court determines that The last title of the bill simply en- ative to the rest of the country. Cur- the procedures were not even reason- sures that the law labels as terrorists rently our census doesn’t give us a ably designed to wiretap foreigners only those people who truly wish to do count of the legal residents of this outside the U.S., rather than Ameri- this country harm—not domestic pro- country. In the 1964 Supreme Court rul- cans here at home. Under the bill, the testers who engage in civil disobe- ing, Wesberry v. Sanders the Court FISA Court would have the discretion dience or people who provide humani- states that ‘‘The House of Representa- to place limits on how the illegally ob- tarian assistance. tives, the [Constitutional] Convention tained information on Americans can These concerns are not new. ‘‘Sneak agreed, was to represent the people as be retained and used. and peek’’ searches, the need for rea- individuals and on a basis of complete Fourth, this bill includes a provision sonable limits on the FBI’s use of rov- equality for each voter.’’ By counting that will help protect the privacy of ing wiretaps, access to business citizens, legal residents and illegals Americans whose international com- records, and the overly expansive com- alike, we are in effect eroding the munications will be collected in vast puter trespass authority were all issues power of the vote of those citizens who new quantities. On the Senate floor I first raised in the fall of 2001 as some live in areas with fewer non-citizens. last year, I joined with Senator WEBB of the reasons why I believed the PA- The large number of non-citizens in a and Senator TESTER to offer an amend- TRIOT Act was flawed and threatened district erases the principle of ‘‘one ment to provide real protections for fundamental constitutional rights and man, one vote’’ because it takes fewer the privacy of Americans, while also protections. Eight years later, it is votes to be elected to Congress. giving the government the flexibility it time to finally get this right. Again The political costs of this broken sys- needs to wiretap terrorists overseas. and again, the previous administration tem are great. I have drafted this legis- And that amendment is in this bill. requested and the Congress provided lation to require the decennial census And finally with respect to the FAA, vast new surveillance authorities with to include a question regarding citizen- the bill would repeal the grant of im- minimal checks and balances. Many of ship. The legislation will further direct munity to any companies that partici- these new tools were appropriate, and the census to make such adjustments pated in the illegal NSA wiretapping passage of this bill would leave in place in the total population figures as may program. Senator DODD was a leader on surveillance authorities that are dra- be necessary, in order that those who this during debate on the FAA and de- matically broader than what existed are not U.S. citizens or are not law- serves a great deal of credit for draw- prior to 9/11. But what has been miss- fully present in the U.S. are not count- ing attention to this issue. Granting ing—what this bill finally provides—is ed in tabulating population for the pur- immunity seriously undercut our stat- the assurances that these new authori- poses of apportionment. Apportion- utory scheme, which relies on both the ties are tailored to our national secu- ment of congressional seats and the government and the private sector to rity needs and subject to proper over- Electoral College will be based on the follow the law in implementing surveil- sight. Every single one of the changes legal population, rather than unfairly lance techniques. That is exactly why in this bill is reasonable, measured and advantaging those communities with the surveillance laws have long pro- justifiable. I urge my colleagues to high illegal populations. I urge my col- vided liability protection for compa- support it. leagues to support this legislation that nies that cooperate with a government will correct an inexcusable error and request for assistance, as long as they Mr. BENNETT (for himself, Mr. return our representation system to its receive either a court order or a certifi- ENZI, Mr. BUNNING, and Mr. constitutional roots. cation from the Attorney General that CRAPO): no court order is needed and the re- S. 1688. A bill to prevent congres- By Mr. BINGAMAN (for himself quest meets all statutory require- sional reapportionment distortions by and Mr. UDALL, of New Mexico): ments. But if requests are not properly requiring that, in the questionnaires S. 1689. A bill to designate certain documented, companies are supposed used in the taking of any decennial land as components of the National to refuse the government’s request, and census of population, a checkbox or Wilderness Preservation System and they are subject to liability if they in- other similar option be included for re- the National Landscape Conservation stead decide to cooperate. spondents to indicate citizenship sta- System in the State of New Mexico, This framework, which has been in tus or lawful presence in the United and for other purposes; to the Com- place for 30 years, protects companies States; to the Committee on Homeland mittee on Energy and Natural Re- that comply with legitimate govern- Security and Governmental Affairs. sources. ment requests while also protecting Mr. BENNETT. Mr. President, I am Mr. BINGAMAN. Mr. President, I am the privacy of Americans’ communica- pleased to rise today to introduce this pleased to rise today with my colleague

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9565 Senator TOM UDALL to introduce the equally important missions. This legis- SEC. 3. DESIGNATION OF WILDERNESS AREAS. Organ Mountains-Desert Peaks Wilder- lation seeks to provide additional flexi- (a) IN GENERAL.—In accordance with the ness Act. This legislation will des- bility for Customs and Border Patrol to Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated ignate approximately 259,000 acres of accomplish its mission of border en- as wilderness and as components of the Na- wilderness in Don˜ a Ana County, includ- forcement by releasing from Wilder- tional Wilderness Preservation System: ing the iconic Organ Mountains that ness Study Area status more than (1) ADEN LAVA FLOW WILDERNESS.—Cer- overlook the City of Las Cruces. The 16,000 acres along the southern border. tain land administered by the Bureau of legislation will also establish two Con- By assisting Border Patrol with its Land Management in Don˜ a Ana County com- servation Areas in Don˜ a Ana County— mission, the Bureau of Land Manage- prising approximately 27,650 acres as gen- the 86,600-acre Organ Mountains Na- ment will be better suited to meet its erally depicted on the map entitled ‘‘Potrillo tional Conservation Area on the east Mountains Complex’’ and dated September goals of natural resource protection as 16, 2009, which shall be known as the ‘‘Aden side of Las Cruces, and the 75,600-acre well. Lava Flow Wilderness’’. Desert Peaks National Conservation With regard to ranching, access to (2) BROAD CANYON WILDERNESS.—Certain Area to the west, which adjoins the water infrastructure is critical in the land administered by the Bureau of Land Prehistoric Trackways National Monu- hot climate of southern New Mexico. Management in Don˜ a Ana County com- ment to its south. To this end, we worked closely with all prising approximately 13,900 acres as gen- The Organ Mountains are among the grazing permittees in the area to en- erally depicted on the map entitled ‘‘Desert many scenic landscapes in Don˜ a Ana sure all roads that lead to water im- Peaks National Conservation Area’’ and County that define Southern New Mex- provements, like windmills, solar dated September 16, 2009, which shall be known as the ‘‘Broad Canyon Wilderness’’. ico and the rich culture of its people. wells, water troughs and pipelines, (3) CINDER CONE WILDERNESS.—Certain In addition to protecting the viewshed were excluded from new wilderness land administered by the Bureau of Land of the Organ Mountains from future de- areas. Other major infrastructure, like Management in Don˜ a Ana County com- velopment, this proposal seeks to pre- corrals, have also been excluded, and prising approximately 16,950 acres as gen- serve other important landscapes such the congressional grazing guidelines erally depicted on the map entitled ‘‘Potrillo as the Dan˜ a Ana Mountains, Robledo that are referred to in this legislation Mountains Complex’’ and dated September Mountains, and the ancient volcanic will provide ranchers with the ability 16, 2009, which shall be known as the ‘‘Cinder cinder cones and grasslands of the to use motorized vehicles to maintain Cone Wilderness’’. (4) ORGAN MOUNTAINS WILDERNESS.—Cer- Potrillo Mountains. Many visitors also stock ponds, fences, and other improve- tain land administered by the Bureau of come to explore the caves, limestone ments in wilderness areas and to re- Land Management in Don˜ a Ana County com- cliffs, and winding canyons of the pro- spond to emergencies. It is my belief prising approximately 19,400 acres as gen- posed Desert Peaks National Conserva- that this approach will allow for the erally depicted on the map entitled ‘‘Organ tion Area. protection of these public lands while Mountains National Conservation Area’’ and While the public lands protected by ensuring that ranching will continue. dated September 16, 2009, which shall be this bill are important for their scenic My constituents in Don˜ a Ana County known as the ‘‘Organ Mountains Wilder- and recreational values, they also rep- have long expressed their desire to ness’’. resent a valuable economic resource (5) POTRILLO MOUNTAINS WILDERNESS.— strike a balance between development Certain land administered by the Bureau of for county residents, through ranching, and the preservation of the public Land Management in Don˜ a Ana and Luna hunting, and tourism that takes place lands that they grew up enjoying or counties comprising approximately 143,450 here. This proposal will preserve that attracted them to the area in the acres as generally depicted on the map enti- healthy habitat for game and sensitive first place. As such, this proposal is tled ‘‘Potrillo Mountains Complex’’ and species; quality grazing land; and cul- supported by a wide array of constitu- dated September 16, 2009, which shall be tural resources like petroglyphs and encies ranging from conservation and known as the ‘‘Potrillo Mountains Wilder- historical features. Even those who sportsmen’s groups, city and county of- ness’’. may never visit these areas will benefit (6) ROBLEDO MOUNTAINS WILDERNESS.— ficials, to the Hispano Chamber of Certain land administered by the Bureau of from their protection by consuming Commerce. With enactment of this bill, Land Management in Don˜ a Ana County com- the clean water that these major wa- it is my hope that while Don˜ a Ana prising approximately 17,000 acres as gen- tersheds provide to the people living in County continues to prosper and grow, erally depicted on the map entitled ‘‘Desert the valleys below. our unique places will be protected for Peaks National Conservation Area’’ and This proposal is the culmination of generations to come. I am pleased that dated September 16, 2009, which shall be over 2 years of consensus building ac- Senator UDALL has cosponsored this known as the ‘‘Robledo Mountains Wilder- complished by listening to input from a bill, and I urge all my colleagues to ness’’. (7) SIERRA DE LAS UVAS WILDERNESS.— broad spectrum of the community. As a support the passage of this legislation. result, the proposal that has been de- Certain land administered by the Bureau of Mr. President, I ask unanimous con- Land Management in Don˜ a Ana County com- veloped meets the goals of conserving sent that the text of the bill be printed prising approximately 11,100 acres as gen- our treasured landscapes in Don˜ a Ana in the RECORD. erally depicted on the map entitled ‘‘Desert County while addressing the valid con- There being no objection, the text of Peaks National Conservation Area’’ and cerns raised by frequent users of our the bill was ordered to be printed in dated September 16, 2009, which shall be public lands. I would like to take a mo- the RECORD, as follows: known as the ‘‘Sierra de las Uvas Wilder- ment to mention a couple of important S. 1689 ness’’. changes we have made to the bill based Be it enacted by the Senate and House of (8) WHITETHORN WILDERNESS.—Certain Representatives of the United States of America land administered by the Bureau of Land on the input we received from the com- ˜ in Congress assembled, Management in Dona Ana and Luna counties munity to address both border security comprising approximately 9,600 acres as gen- SECTION 1. SHORT TITLE. concerns as well as access issues for erally depicted on the map entitled ‘‘Potrillo This Act may be cited as the ‘‘Organ the ranchers who graze cattle in the re- Mountains Complex’’ and dated September Mountains-Desert Peaks Wilderness Act’’. gion. 16, 2009, which shall be known as the SEC. 2. DEFINITIONS. Don˜ a Ana County shares its southern ‘‘Whitethorn Wilderness’’. In this Act: (b) MANAGEMENT.—Subject to valid exist- border with Mexico, and national secu- (1) CONSERVATION AREA.—The term ‘‘Con- rity issues are always an important ing rights, the wilderness areas designated servation Area’’ means each of the Organ by subsection (a) shall be administered by factor to consider in any legislation Mountains National Conservation Area and the Secretary in accordance with this Act that involves border counties. For ex- the Desert Peaks National Conservation and the Wilderness Act (16 U.S.C. 1131 et ample, currently the West Potrillo Area established by section 4(a). seq.), except that any reference in the Wil- Mountains Wilderness Study Area (2) MANAGEMENT PLAN.—The term ‘‘man- derness Act to the effective date of that Act comes as close as a half mile in some agement plan’’ means the management plan shall be considered to be a reference to the places from the U.S.-Mexico border, for the Conservation Areas developed under date of enactment of this Act. section 4(d). which has created challenges for both (c) INCORPORATION OF ACQUIRED LAND AND (3) SECRETARY.—The term ‘‘Secretary’’ INTERESTS IN LAND.—Any land or interest in the Department of Interior and the De- means the Secretary of the Interior. land that is within the boundary of a wilder- partment of Homeland Security to (4) STATE.—The term ‘‘State’’ means the ness area designated by subsection (a) that is meet the goals of their distinct, yet State of New Mexico. acquired by the United States shall—

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9566 CONGRESSIONAL RECORD — SENATE September 17, 2009 (1) become part of the wilderness area (2) is no longer subject to section 603(c) (ii) subject to such terms and conditions within the boundaries of which the land is of the Federal Land Policy and Management as the Secretary determines to be appro- located; and Act of 1976 (43 U.S.C. 1782(c)); and priate. (2) be managed in accordance with— (3) shall be managed in accordance (d) MANAGEMENT PLAN.— (A) the Wilderness Act (16 U.S.C. 1131 et with— (1) IN GENERAL.—Not later than 3 years seq.); (A) the Federal Land Policy and Manage- after the date of enactment of this Act, the (B) this Act; and ment Act of 1976 (43 U.S.C. 1701 et seq.); Secretary shall develop a management plan (C) any other applicable laws. (B) this Act; and for each of the Conservation Areas. (d) GRAZING.—Grazing of livestock in the (C) any other applicable laws. (2) CONSULTATION.—The management plans shall be developed in consultation wilderness areas designated by subsection SEC. 4. ESTABLISHMENT OF NATIONAL CON- (a), where established before the date of en- SERVATION AREAS. with— (A) State, tribal, and local governments; actment of this Act, shall be administered in (a) ESTABLISHMENT.—The following areas accordance with— in the State are established as National Con- and (B) the public. (1) section 4(d)(4) of the Wilderness Act servation Areas: (3) CONSIDERATIONS.—In preparing and (16 U.S.C. 1133(d)(4)); and (1) ORGAN MOUNTAINS NATIONAL CON- implementing the management plans, the (2) the guidelines set forth in Appendix A SERVATION AREA.—Certain land administered Secretary shall consider the recommenda- of the Report of the Committee on Interior by the Bureau of Land Management in Don˜ a tions of Indian tribes and pueblos on meth- and Insular Affairs to accompany H.R. 2570 of Ana County comprising approximately 86,650 ods for— the 101st Congress (H. Rept. 101–405). acres as generally depicted on the map enti- (A) ensuring access to, and protection (e) MILITARY OVERFLIGHTS.—Nothing in tled ‘‘Organ Mountains National Conserva- for, traditional cultural and religious sites in this section restricts or precludes— tion Area’’ and dated September 16, 2009, the Conservation Areas; and (1) low-level overflights of military air- which shall be known as the ‘‘Organ Moun- (B) enhancing the privacy and continuity craft over the wilderness areas designated by tains National Conservation Area’’. of traditional cultural and religious activi- subsection (a), including military overflights (2) DESERT PEAKS NATIONAL CONSERVATION ties in the Conservation Areas. that can be seen or heard within the wilder- AREA.—Certain land administered by the Bu- (e) INCORPORATION OF ACQUIRED LAND AND ness areas; reau of Land Management in Don˜ a Ana INTERESTS IN LAND.—Any land or interest in (2) flight testing and evaluation; or County comprising approximately 75,600 land that is within the boundary of a Con- (3) the designation or creation of new acres, as generally depicted on the map enti- servation Area designated by subsection (a) units of special use airspace, or the estab- tled ‘‘Desert Peaks National Conservation that is acquired by the United States shall— lishment of military flight training routes, Area’’ and dated September 16, 2009, which (1) become part of the Conservation Area over the wilderness areas. shall be known as the ‘‘Desert Peaks Na- within the boundaries of which the land is (f) BUFFER ZONES.— tional Conservation Area’’. located; and (1) IN GENERAL.—Nothing in this section (b) PURPOSES.—The purposes of the Con- (2) be managed in accordance with— creates a protective perimeter or buffer zone servation Areas are to conserve, protect, and (A) this Act; and around any wilderness area designated by enhance for the benefit and enjoyment of (B) any other applicable laws. subsection (a). present and future generations the cultural, (f) TRANSFER OF ADMINISTRATIVE JURIS- (2) ACTIVITIES OUTSIDE WILDERNESS archaeological, natural, geological, histor- DICTION.—On the date of enactment of this AREAS.—The fact that an activity or use on ical, ecological, wildlife, educational, rec- Act, administrative jurisdiction over the ap- land outside any wilderness area designated reational, and scenic resources of the Con- proximately 2,050 acres of land generally de- by subsection (a) can be seen or heard within servation Areas. picted as ‘‘Transfer from DOD to BLM’’ on the wilderness area shall not preclude the ac- (c) MANAGEMENT.— the map entitled ‘‘Organ Mountains National tivity or use outside the boundary of the wil- (1) IN GENERAL.—The Secretary shall Conservation Area’’ and dated September 16, derness area. manage the Conservation Areas— 2009, shall— (g) POTENTIAL WILDERNESS AREA.— (A) in a manner that conserves, protects, (1) be transferred from the Secretary of (1) ROBLEDO MOUNTAINS POTENTIAL WIL- and enhances the resources of the Conserva- Defense to the Secretary; DERNESS AREA.— tion Areas; and (2) become part of the Organ Mountains (A) IN GENERAL.—Certain land adminis- (B) in accordance with— National Conservation Area; and tered by the Bureau of Land Management, (i) the Federal Land Policy and Manage- (3) be managed in accordance with— comprising approximately 100 acres as gen- ment Act of 1976 (43 U.S.C. 1701 et seq.); (A) this Act; and erally depicted as ‘‘Potential Wilderness’’ on (ii) this Act; and (B) any other applicable laws. the map entitled ‘‘Desert Peaks National (iii) any other applicable laws. SEC. 5. GENERAL PROVISIONS. Conservation Area’’ and dated September 16, (2) USES.— (a) MAPS AND LEGAL DESCRIPTIONS.— 2009, is designated as a potential wilderness (A) IN GENERAL.—The Secretary shall (1) IN GENERAL.—As soon as practicable area. allow only such uses of the Conservation after the date of enactment of this Act, the (B) DESIGNATION AS WILDERNESS.— Areas that the Secretary determines would Secretary shall file maps and legal descrip- (i) IN GENERAL.—On the date on which further the purposes described in subsection tions of the Conservation Areas and the wil- the Secretary publishes in the Federal Reg- (b). derness areas designated by section 3(a) ister the notice described in clause (ii), the (B) USE OF MOTORIZED VEHICLES.— with— potential wilderness area designated under (i) IN GENERAL.—Except as needed for ad- (A) the Committee on Energy and Nat- subparagraph (A) shall be— ministrative purposes or to respond to an ural Resources of the Senate; and (I) designated as wilderness and as a emergency, the use of motorized vehicles in (B) the Committee on Natural Resources component of the National Wilderness Pres- the Conservation Areas shall be permitted of the House of Representatives. ervation System; and only on roads designated for use by motor- (2) FORCE OF LAW.—The maps and legal (II) incorporated into the Robledo Moun- ized vehicles in the management plan. descriptions filed under paragraph (1) shall have the same force and effect as if included tains Wilderness designated by subsection (ii) NEW ROADS.—No additional road shall (a)(6). be built within the Conservation Areas after in this Act, except that the Secretary may correct errors in the maps and legal descrip- (ii) NOTICE.—The notice referred to in the date of enactment of this Act unless the clause (i) is notice that— road is necessary for public safety or natural tions. UBLIC AVAILABILITY.—The maps and (I) the communications site within the resource protection. (3) P legal descriptions filed under paragraph (1) potential wilderness area designated under (C) GRAZING.—The Secretary shall permit shall be on file and available for public in- subparagraph (A) is no longer used; grazing within the Conservation Areas, spection in the appropriate offices of the Bu- (II) the associated right-of-way is relin- where established before the date of enact- reau of Land Management. quished or not renewed; and ment of this Act— (b) NATIONAL LANDSCAPE CONSERVATION (III) the conditions in the potential wil- (i) subject to all applicable laws (includ- SYSTEM.—The Conservation Areas and the derness area designated by subparagraph (A) ing regulations) and Executive orders; and wilderness areas designated by section 3(a) are compatible with the Wilderness Act (16 (ii) consistent with the purposes de- shall be administered as components of the U.S.C. 1131 et seq.). scribed in subsection (b). National Landscape Conservation System. (h) RELEASE OF WILDERNESS STUDY (D) UTILITY RIGHT-OF-WAY UPGRADES.— (c) FISH AND WILDLIFE.—Nothing in this AREAS.—Congress finds that, for purposes of Nothing in this section precludes the Sec- Act affects the jurisdiction of the State with section 603(c) of the Federal Land Policy and retary from renewing or authorizing the up- respect to fish and wildlife located on public Management Act of 1976 (43 U.S.C. 1782(c)), grading (including widening) of an existing land in the State, except that the Secretary, the public land in Don˜ a Ana County adminis- utility right-of-way through the Organ after consultation with the New Mexico De- tered by the Bureau of Land Management Mountains National Conservation Area— partment of Game and Fish, may designate not designated as wilderness by subsection (i) in accordance with— zones where, and establish periods during (a)— (I) the National Environmental Policy which, hunting, or fishing shall not be al- (1) has been adequately studied for wil- Act of 1969 (42 U.S.C. 4321 et seq.); and lowed for reasons of public safety, adminis- derness designation; (II) any other applicable law; and tration, the protection for nongame species

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9567 and their habitats, or public use and enjoy- of individual and public and private or- Whereas Dr. Borlaug attended the Univer- ment. ganizations came together to work on sity of Minnesota, where he earned a Ph.D. (d) WITHDRAWALS.— the protection of the Organ Mountains degree in Plant Pathology; (1) IN GENERAL.—Subject to valid existing and the seven other wilderness areas Whereas, beginning in 1944, Dr. Borlaug rights, the Federal land within the Conserva- spent 2 decades in rural Mexico working to tion Areas, the wilderness areas designated included in the bill. Hunters, anglers assist the poorest farmers through a pio- by section 3(a), and the approximately 6,300 and conservationists worked with neering Rockefeller Foundation program; acres of land generally depicted as ‘‘Parcel ranchers and city and county officials Whereas Dr. Borlaug’s research and inno- B’’ on the map entitled ‘‘Organ Mountains to determine what areas were in great- vative ‘‘shuttle breeding’’ in Mexico enabled National Conservation Area’’ and dated Sep- est need of protection. Nearby military him to develop a new approach to agri- tember 16, 2009, including any land or inter- facilities worked with the Bureau of culture and a new disease-resistant variety est in land that is acquired by the United Land Management on land exchanges of wheat with triple the output of grain; States after the date of enactment of this that are reflected in the bill and will Whereas this breakthrough achievement in plant production enabled Mexico to become Act within such areas, is withdrawn from— benefit the public and military enti- (A) entry, appropriation, or disposal self-sufficient in wheat by 1956, and concur- under the public land laws; ties. Recommendations from the Bor- rently raised the living standard for thou- (B) location, entry, and patent under the der Patrol on how to ensure that the sands of poor Mexican farmers; mining laws; and new wilderness fit into their homeland Whereas Dr. Borlaug was asked by the (C) operation of the mineral leasing, security efforts were incorporated into United Nations to travel to India and Paki- mineral materials, and geothermal leasing the bill. Years of negotiation and co- stan in the 1960s, as South-Asia and the Mid- laws. operation have resulted in the legisla- dle East faced an imminent widespread fam- (2) LIMITED WITHDRAWAL.—The approxi- tion being introduced today. ine, where he eventually helped convince mately 1,300 acres of land generally depicted those 2 warring governments to adopt his In total, the Organ Mountains-Desert new seeds and new approach to agriculture as ‘‘Parcel A’’ on the map entitled ‘‘Organ Peaks Wilderness Act will protect Mountains National Conservation Area’’ and to address this critical problem; dated September 16, 2009, is withdrawn in ac- 421,344 acres of desert landscape includ- Whereas, Dr. Borlaug brought miracle cordance with paragraph (1), except from dis- ing 162,270 acres of National Conserva- wheat to India and Pakistan, which helped posal under the Act of June 14, 1926 (com- tion Area, and 259,071 acres of Wilder- both countries become self-sufficient in monly known as the ‘‘Recreation and Public ness Area. This area of rare and beau- wheat production, thus saving hundreds of Purposes Act’’ (43 U.S.C. 869 et seq.)). tiful landscapes will be valued for gen- millions of people from hunger, famine, and death; SEC. 6. PREHISTORIC TRACKWAYS NATIONAL erations. From the jagged basalt lava Whereas Dr. Borlaug and his team trained MONUMENT BOUNDARY ADJUST- flows of the Cinder Cone Wilderness to MENT. young scientists from Algeria, Tunisia, the roaming hawks and scrambling Egypt, Jordan, Iraq, Turkey, and Afghani- Section 2103(b) of the Omnibus Public javelinas of the Robledo Mountains, Land Management Act of 2009 (16 U.S.C. 431 stan in this same new approach to agri- note; Public Law 111–11; 123 Stat. 1097) is this unique piece of southern New Mex- culture, which introduced new seeds but also amended by striking ‘‘December 17, 2008’’ and ico has abundant natural value for its put emphasis on the use of fertilizer and irri- inserting ‘‘July 30, 2009’’. citizens. gation, thus increasing yields significantly in those countries as well; SEC. 7. AUTHORIZATION OF APPROPRIATIONS. With this legislation, we build upon Whereas Dr. Borlaug’s approach to wheat There are authorized to be appropriated the work of conservation greats like Aldo Leopold, a man who saw the beau- was adapted by research scientists working such sums as are necessary to carry out this in rice, which spread the Green Revolution Act. ty of New Mexico’s untamed wilderness to Asia, feeding and saving millions of people Mr. UDALL of New Mexico. Mr. lands and sought to preserve them for from hunger and starvation; President, today I join Senator BINGA- future generations. It was Mr. Leopold Whereas Dr. Borlaug was awarded the MAN in introducing Organ Mountains- who said, ‘‘Conservation is a state of Nobel Peace Prize in 1970 as the ‘‘Father of Desert Peaks Wilderness Act. The bill harmony between men and land.’’ With the Green Revolution’’ and is only 1 of 5 peo- celebrates and preserves a portion of the Organ Mountains-Desert Peaks ple to have ever received the Nobel Peace Wilderness Act, we move a step closer Prize, Presidential Medal of Freedom, and the unique and delicate landscape of Congressional Gold Medal; southern New Mexico. Wilderness and to achieving that state of perfect har- Whereas Dr. Borlaug headed the Sasakawa conservation areas in Dona Ana and mony. I thank Senator BINGAMAN for Global 2000 program to bring the Green Rev- Luna Counties will protect a vast num- his work to preserve this landscape and olution to 10 countries in Africa, and trav- ber of archeological sites and riparian urge my colleagues to support this im- eled the world to educate the next genera- areas, maintain habitat and migration portant bill. tion of scientists on the importance of pro- ducing new breakthrough achievements in corridors for wildlife, and preserve f food production; some of the only Chihuahuan Desert in SUBMITTED RESOLUTIONS Whereas Dr. Borlaug tirelessly promoted the United States. the potential that biotechnology offers for Set in the heart of Dona Ana County, feeding the world, while also preserving bio- Las Cruces is New Mexico’s second SENATE RESOLUTION 273—COM- diversity, in the 21st century when the glob- largest city, and growing. The citizens MEMORATING DR. NORMAN al population is projected to rise to of Las Cruces and the surrounding BORLAUG, RECIPIENT OF THE 9,000,000,000 people; communities want to ensure that the NOBEL PEACE PRIZE, CONGRES- Whereas Dr. Borlaug continued his role as area will continue to develop in a way SIONAL GOLD MEDAL, PRESI- an educator as a Distinguished Professor at Texas A&M University, while also working that preserves the surrounding pristine DENTIAL MEDAL OF FREEDOM, at the International Center for the Improve- landscapes including the iconic Organ AND FOUNDER OF THE WORLD ment of Wheat and Maize in Mexico; Mountains. The Organ Mountains- FOOD PRIZE Whereas Dr. Borlaug founded the World Desert Peaks Wilderness Act is con- Mr. HARKIN (for himself, Mr. GRASS- Food Prize, called by several world leaders sistent with the city and County’s LEY, Mrs. LINCOLN, Mr. CHAMBLISS, Mr. ‘‘The Nobel Prize for Food and Agriculture’’, which is awarded in Iowa each October so as long-term growth plan, and will act to LUGAR, Mr. LEAHY, Ms. KLOBUCHAR, Mr. to recognize and inspire Nobel-like achieve- maintain growth patterns in a way CORNYN, Mr. BROWN, Mr. CONRAD, Mr. that will allow all citizens to enjoy the ments in increasing the quality, quantity, FRANKEN, Mrs. HUTCHISON, Mr. BAUCUS, and availability of food in the world; impressive views and landscapes sur- Mr. CASEY, Ms. STABENOW, Mr. BENNET, Whereas the Senate designated October 16 rounding Las Cruces. MR. JOHANNS, Mr. ROBERTS, Mr. NEL- as World Food Prize Day in America in The Organ Mountains Wilderness and SON of Nebraska, Mr. COCHRAN, Mr. honor of Dr. Borlaug; and NCA, just one portion of this com- THUNE, and Mrs. GILLIBRAND) sub- Whereas it is written of Dr. Borlaug that prehensive legislation, will keep these mitted the following resolution; which throughout all of his work he saved impressive peaks available for the en- was considered and agreed to: 1,000,000,000 lives, thus making him widely known as saving more lives than any other joyment of southern New Mexicans, S. RES. 273 and all who visit the area. This moun- person in human history: Now, therefore, be Whereas Dr. Norman E. Borlaug was born it tain range is strikingly unique and on March 25, 1914, of Norwegian parents on a Resolved, That— gives great character and identity to farm in Cresco, Iowa, and was educated in a (1) the Senate has received with profound other surrounding landscape and to the 1-room school house throughout grades 1 sorrow and deep regret the announcement of city of Las Cruces itself. A vast range through 8; the passing of Dr. Norman Borlaug; and

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9568 CONGRESSIONAL RECORD — SENATE September 17, 2009 (2) the Senate directs the Secretary of the (1) expresses its support for the goals and SA 2439. Mr. McCAIN submitted an amend- Senate to transmit an enrolled copy of this ideals celebrated on Peace Day, which is ob- ment intended to be proposed by him to the resolution to the family of the deceased. served each year on September 21; bill H.R. 2996, supra; which was ordered to lie on the table. f (2) supports continuing efforts to raise global awareness of the goals of Peace Day SA 2440. Mr. VITTER submitted an amend- SENATE RESOLUTION 274—SUP- and to engage all sectors of society in the ment intended to be proposed by him to the PORTING THE GOALS AND peaceful observance of the International Day bill H.R. 2996, supra; which was ordered to lie IDEALS OF PEACE DAY of Peace, in accordance with United Nations on the table. General Assembly Resolution 55/282 of Sep- Mr. MENENDEZ (for himself, Mrs. SA 2441. Mr. DORGAN submitted an tember 7, 2001, including work with United amendment intended to be proposed by him GILLIBRAND, and Mr. HARKIN) sub- Nations agencies and non-governmental or- to the bill H.R. 2996, supra; which was or- mitted the following resolution; which ganizations to promote life-saving and hu- dered to lie on the table. was considered and agreed to: manitarian activities on Peace Day; and SA 2442. Mr. JOHNSON submitted an S. RES. 274 (3) encourages people in the United States amendment intended to be proposed by him Whereas, beginning in 2002, the United Na- to observe Peace Day, September 21, 2009, to the bill H.R. 2996, supra; which was or- tions has designated September 21 of each with appropriate programs, ceremonies, and dered to lie on the table. year as the International Day of Peace, educational activities, in order to raise SA 2443. Mr. BROWNBACK submitted an which is known in the United States as awareness of the need for peaceful resolution amendment intended to be proposed by him Peace Day; of conflicts of all kinds. to the bill H.R. 2996, supra; which was or- Whereas the United Nations dedicates the f dered to lie on the table. International Day of Peace to the cessation AMENDMENTS SUBMITTED AND SA 2444. Mr. FEINGOLD submitted an of hostilities and nonviolence, and calls upon PROPOSED amendment intended to be proposed by him all Nations and people to commemorate the to the bill H.R. 2996, supra; which was or- SA 2423. Mr. BROWNBACK (for himself and day appropriately, including through edu- dered to lie on the table. Mr. ROBERTS) submitted an amendment in- cational efforts, and public awareness; tended to be proposed by him to the bill H.R. Whereas Peace Day activities around the 2996, making appropriations for the Depart- f world include vaccination campaigns, peace ment of the Interior, environment, and re- walks, concerts, peace-related discussions lated agencies for the fiscal year ending Sep- TEXT OF AMENDMENTS and debates, poetry readings, mass prayer tember 30, 2010, and for other purposes; which ceremonies, art exhibitions, memorial serv- was ordered to lie on the table . SA 2423. Mr. BROWNBACK (for him- ices, school assemblies, and sporting events; SA 2424. Mr. McCAIN submitted an amend- self and Mr. ROBERTS) submitted an Whereas, on Peace Day 2006, the World ment intended to be proposed by him to the amendment intended to be proposed by Food Programme carried out a 60-ton food bill H.R. 2996, supra; which was ordered to lie him to the bill H.R. 2996, making ap- drop in Southern Sudan; on the table. propriations for the Department of the Whereas, on Peace Day 2007, the Peace One SA 2425. Mr. McCAIN submitted an amend- Interior, environment, and related Day organization worked alongside the ment intended to be proposed by him to the United Nations Children’s Fund (UNICEF), bill H.R. 2996, supra; which was ordered to lie agencies for the fiscal year ending Sep- the World Health Organization (WHO), and on the table. tember 30, 2010, and for other purposes; the Afghan Ministry of Public Health to vac- SA 2426. Mr. McCAIN submitted an amend- which was ordered to lie on the table; cinate 1,400,000 children of Afghanistan ment intended to be proposed by him to the as follows: bill H.R. 2996, supra; which was ordered to lie against the polio virus and, on Peace Day On page 190, line 10, insert before the pe- on the table. 2008, approximately 14,000 health workers riod at the end the following: ‘‘: Provided fur- and volunteers delivered polio vaccinations SA 2427. Mr. McCAIN submitted an amend- ment intended to be proposed by him to the ther, That, notwithstanding the joint explan- to 1,600,000 children under the age of 5 in 6 atory statement of the Committee on Appro- Afghan provinces; bill H.R. 2996, supra; which was ordered to lie on the table. priations of the House of Representatives ac- Whereas, on Peace Day 2007, Star Syringe companying the Consolidated Appropriations vaccinated children in rural areas against SA 2428. Mr. McCAIN submitted an amend- ment intended to be proposed by him to the Act, 2008 (Public Law 110–161; 121 Stat. 1844), measles, diptheria, tuberculosis, hepatitis, $170,800 shall be made available to the city of and whooping cough in 20 locations, includ- bill H.R. 2996, supra; which was ordered to lie on the table. Prescott for a wastewater treatment plant ing Uganda, India, Ethiopia, and Indonesia; SA 2429. Mr. McCAIN submitted an amend- construction project and $129,200 shall be Whereas, on Peace Day 2007, in the con- ment intended to be proposed by him to the made available to the city of Wichita for a flict-torn South Kivu province of the Demo- bill H.R. 2996, supra; which was ordered to lie storm water technology pilot project: Pro- cratic Republic of Congo, UNICEF and other on the table. vided further, That, notwithstanding the organizations provided insecticide-treated SA 2430. Mr. McCAIN submitted an amend- joint explanatory statement of the Com- mosquito nets to protect 600,000 children ment intended to be proposed by him to the mittee on Appropriations of the House of from malaria, and also provided vitamin A, bill H.R. 2996, supra; which was ordered to lie Representatives accompanying the Omnibus de-worming medication, and measles immu- on the table. Appropriations Act, 2009 (Public Law 111–8; nizations; SA 2431. Mr. McCAIN submitted an amend- 123 Stat. 524), the amount of $185,000 made Whereas, on Peace Day 2007, there were 82 ment intended to be proposed by him to the available to the city of Manhattan for the Peace Day initiatives in Afghanistan alone, bill H.R. 2996, supra; which was ordered to lie sewer mainline extension project (as de- involving more than 30 United Nations agen- on the table. scribed in the table entitled ‘Congressionally cies, government departments, radio sta- SA 2432. Mr. McCAIN submitted an amend- Designated Spending’ contained in section tions, and civil society organizations, and in- ment intended to be proposed by him to the 430 of that joint explanatory statement) cluding arms handover ceremonies, commu- bill H.R. 2996, supra; which was ordered to lie shall be made available to the city of Man- nity prayers for peace, painting schools on the table. hattan for a water mainline extension white, educational activities, and a Peace SA 2433. Mr. McCAIN submitted an amend- project: Provided further, That, notwith- Walk through the streets of Heart, Afghani- ment intended to be proposed by him to the standing the joint explanatory statement of stan; bill H.R. 2996, supra; which was ordered to lie the Committee on Appropriations of the Whereas the Peace One Day organization on the table. House of Representatives accompanying the SA 2434. Mr. McCAIN submitted an amend- provides free educational materials to Omnibus Appropriations Act, 2009 (Public ment intended to be proposed by him to the schools in the United States and worldwide Law 111–8; 123 Stat. 524), the amount of bill H.R. 2996, supra; which was ordered to lie that enable young people to prepare for and $290,000 made available to the Riley County on the table. participate in Peace Day activities, learn the SA 2435. Mr. McCAIN submitted an amend- Board of Commissioners for the Konza Sewer skills needed to resolve conflicts peacefully, ment intended to be proposed by him to the Main Extension project (as described in the and cultivate a sense of active global citizen- bill H.R. 2996, supra; which was ordered to lie table entitled ‘Congressionally Designated ship; and on the table. Spending’ contained in section 430 of that Whereas the ‘‘One Day One Goal’’ initia- SA 2436. Mr. McCAIN submitted an amend- joint explanatory statement) shall be made tive promotes soccer matches in all member ment intended to be proposed by him to the available to the city of Manhattan for the states of the United Nations on Peace Day, bill H.R. 2996, supra; which was ordered to lie Konza Water Main Extension project’’. and ‘‘One Day One Goal’’ soccer matches re- on the table. flect cooperation, unity, and the power of SA 2437. Mr. McCAIN submitted an amend- SA 2424. Mr. MCCAIN submitted an soccer to bring people together as part of ment intended to be proposed by him to the amendment intended to be proposed by Peace Day in many countries, including Iraq, bill H.R. 2996, supra; which was ordered to lie him to the bill H.R. 2996, making ap- Uganda, Afghanistan, Burundi, Cambodia, on the table. the United Arab Emirates, the Coˆ te d’Ivoire, SA 2438. Mr. McCAIN submitted an amend- propriations for the Department of the the United States, and the United Kingdom: ment intended to be proposed by him to the Interior, environment, and related Now, therefore, be it bill H.R. 2996, supra; which was ordered to lie agencies for the fiscal year ending Sep- Resolved, That the Senate— on the table. tember 30, 2010, and for other purposes;

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9569 which was ordered to lie on the table; On page 240, between lines 13 and 14, insert which was ordered to lie on the table; as follows: the following: as follows: SEC. 4 . None of the funds made avail- On page 240, between lines 13 and 14, insert lll On page 186, line 7, strike ‘‘$15,000,000’’ and able by this Act may be used to manage ex- the following: insert ‘‘$10,000,000’’. cess sewage flows of the city of Plattsmouth, SEC. 4lll. None of the funds made avail- able by this Act may be used to construct a Nebraska. SA 2435. Mr. MCCAIN submitted an drinking water reservoir in Fayette County, amendment intended to be proposed by SA 2430. Mr. MCCAIN submitted an Alabama. him to the bill H.R. 2996, making ap- amendment intended to be proposed by propriations for the Department of the SA 2425. Mr. MCCAIN submitted an him to the bill H.R. 2996, making ap- Interior, environment, and related amendment intended to be proposed by propriations for the Department of the agencies for the fiscal year ending Sep- him to the bill H.R. 2996, making ap- Interior, environment, and related tember 30, 2010, and for other purposes; propriations for the Department of the agencies for the fiscal year ending Sep- which was ordered to lie on the table; Interior, environment, and related tember 30, 2010, and for other purposes; as follows: agencies for the fiscal year ending Sep- which was ordered to lie on the table; tember 30, 2010, and for other purposes; as follows: On page 134, line 16, before the period, in- sert the following ‘‘: Provided, That none of which was ordered to lie on the table; On page 240, between lines 13 and 14, insert the funds made available under this Act may as follows: the following: be used for a tropical botanical garden in the On page 240, between lines 13 and 14, insert SEC. 4ll. None of the funds made avail- State of Hawaii’’. the following: able by this Act may be used to relocate a SEC. 4lll. None of the funds made avail- Forest Service dispatch center in the Black SA 2436. Mr. MCCAIN submitted an able by this Act may be used for the Sewall- Hills National Forest, South Dakota. amendment intended to be proposed by Belmont House in Washington, District of him to the bill H.R. 2996, making ap- Columbia. SA 2431. Mr. MCCAIN submitted an amendment intended to be proposed by propriations for the Department of the SA 2426. Mr. MCCAIN submitted an him to the bill H.R. 2996, making ap- Interior, environment, and related amendment intended to be proposed by propriations for the Department of the agencies for the fiscal year ending Sep- him to the bill H.R. 2996, making ap- Interior, environment, and related tember 30, 2010, and for other purposes; propriations for the Department of the agencies for the fiscal year ending Sep- which was ordered to lie on the table; Interior, environment, and related tember 30, 2010, and for other purposes; as follows: agencies for the fiscal year ending Sep- which was ordered to lie on the table; On page 129, lines 1 through 4, strike ‘‘, of tember 30, 2010, and for other purposes; as follows: which’’ and all that follows through ‘‘of 2004’’. which was ordered to lie on the table; On page 240, between lines 13 and 14, insert as follows: the following: SA 2437. Mr. MCCAIN submitted an On page 240, between lines 13 and 14, insert SEC. 4ll. None of the funds made avail- amendment intended to be proposed by the following: able by this Act may be used for the State of him to the bill H.R. 2996, making ap- SEC. 4lll. None of the funds made avail- Vermont for the Vermont Wood Products able by this Act may be used for an interpre- Collaborative. propriations for the Department of the tive center at the California National His- Interior, environment, and related toric Trail in Nevada. SA 2432. Mr. MCCAIN submitted an agencies for the fiscal year ending Sep- amendment intended to be proposed by tember 30, 2010, and for other purposes; Mr. MCCAIN submitted an SA 2427. him to the bill H.R. 2996, making ap- which was ordered to lie on the table; amendment intended to be proposed by propriations for the Department of the as follows: him to the bill H.R. 2996, making ap- Interior, environment, and related On page 190, lines 2 through 10, strike ‘‘: propriations for the Department of the agencies for the fiscal year ending Sep- Provided further,’’ and all that follows Interior, environment, and related tember 30, 2010, and for other purposes; through ‘‘drinking water system improve- agencies for the fiscal year ending Sep- ments’’. which was ordered to lie on the table; tember 30, 2010, and for other purposes; as follows: which was ordered to lie on the table; SA 2438. Mr. MCCAIN submitted an as follows: On page 240, between lines 13 and 14, insert amendment intended to be proposed by the following: On page 240, between lines 13 and 14, insert him to the bill H.R. 2996, making ap- SEC. 4ll. None of the funds made avail- propriations for the Department of the the following: able by this Act may be used for the town of SEC. 4lll. None of the funds made avail- Moorefield, West Virginia, for wastewater Interior, environment, and related able by this Act may be used for rat eradi- treatment facility upgrades. agencies for the fiscal year ending Sep- cation at the Palmyra Atoll National Wild- tember 30, 2010, and for other purposes; life Refuge in Hawaii. SA 2433. Mr. MCCAIN submitted an which was ordered to lie on the table; as follows: SA 2428. Mr. MCCAIN submitted an amendment intended to be proposed by amendment intended to be proposed by him to the bill H.R. 2996, making ap- On page 195, line 3, before the period, insert him to the bill H.R. 2996, making ap- propriations for the Department of the the following ‘‘: Provided further, That none Interior, environment, and related of the funds made available under this Act propriations for the Department of the may be used for trail improvements on the Interior, environment, and related agencies for the fiscal year ending Sep- tember 30, 2010, and for other purposes; Reno-to-Reno Rim Trail in the State of Ne- agencies for the fiscal year ending Sep- vada’’. tember 30, 2010, and for other purposes; which was ordered to lie on the table; which was ordered to lie on the table; as follows: SA 2439. Mr. MCCAIN submitted an as follows: On page 192, between lines 6 and 7, insert amendment intended to be proposed by On page 240, between lines 13 and 14, insert the following: him to the bill H.R. 2996, making ap- the following: GENERAL PROVISIONS, ENVIRONMENTAL propriations for the Department of the SEC. 4lll. None of the funds made avail- PROTECTION AGENCY Interior, environment, and related able by this Act may be used for a National SEC. 2ll. None of the funds made avail- agencies for the fiscal year ending Sep- Conservation Training Center in West Vir- able by this Act may be used for any tar- tember 30, 2010, and for other purposes; ginia. geted infrastructure assistance grant under which was ordered to lie on the table; the State and Tribal Assistance Grants pro- as follows: SA 2429. Mr. MCCAIN submitted an gram. amendment intended to be proposed by On page 134, line 16, before the period, in- him to the bill H.R. 2996, making ap- SA 2434. Mr. MCCAIN submitted an sert the following ‘‘: Provided, That none of propriations for the Department of the amendment intended to be proposed by the funds made available under this Act may be used to carry out the Native Hawaiian Interior, environment, and related him to the bill H.R. 2996, making ap- culture and arts program in the State of Ha- agencies for the fiscal year ending Sep- propriations for the Department of the waii’’. tember 30, 2010, and for other purposes; Interior, environment, and related which was ordered to lie on the table; agencies for the fiscal year ending Sep- SA 2440. Mr. VITTER submitted an as follows: tember 30, 2010, and for other purposes; amendment intended to be proposed by

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9570 CONGRESSIONAL RECORD — SENATE September 17, 2009 him to the bill H.R. 2996, making ap- tember 30, 2010, and for other purposes; room SD–366 of the Dirksen Senate Of- propriations for the Department of the which was ordered to lie on the table; fice Building. Interior, environment, and related as follows: The purpose of the hearing is to re- agencies for the fiscal year ending Sep- On page 190, line 10, insert before the pe- ceive testimony on managing Federal tember 30, 2010, and for other purposes; riod at the end the following: ‘‘: Provided fur- forests in response to climate change, which was ordered to lie on the table; ther, That, notwithstanding the joint explan- including for natural resource adapta- as follows: atory statement of the Committee on Appro- tion and carbon sequestration. priations of the House of Representatives ac- At the appropriate place, insert the fol- Because of the limited time available companying the Consolidated Appropriations lowing: for the hearing, witnesses may testify Act, 2008 (Public Law 110–161; 121 Stat. 1844), FUNDING LIMITATION from funds made available by that Act for by invitation only. However, those SEC.ll. None of the funds made available the State and Tribal Assistance Grants pro- wishing to submit written testimony by this Act may be obligated for the purpose gram, $170,800 shall be made available to the for the hearing record should send it to of implementing directives or policies of the city of Prescott for a wastewater treatment the Committee on Energy and Natural Federal Government at the direction of the plant construction project and $129,200 shall Resources, United States Senate, Assistant to the President for Energy and be made available to the city of Wichita for Washington, DC 20510–6150, or by email Climate Change (commonly known as the a storm water technology pilot project: Pro- to: [email protected]. ‘‘White House Climate Change Czar’’). vided further, That, notwithstanding the For further information, please con- joint explanatory statement of the Com- SA 2441. Mr. DORGAN submitted an mittee on Appropriations of the House of tact Scott Miller at (202) 224–5488 or Al- amendment intended to be proposed by Representatives accompanying the Omnibus lison Seyferth at (202) 224–4905. him to the bill H.R. 2996, making ap- Appropriations Act, 2009 (Public Law 111–8; f propriations for the Department of the 123 Stat. 524), the amount of $185,000 made available to the city of Manhattan for the AUTHORITY FOR COMMITTEES TO Interior, environment, and related MEET agencies for the fiscal year ending Sep- sewer mainline extension project (as de- tember 30, 2010, and for other purposes; scribed in the table entitled ‘Congressionally COMMITTEE ON ENERGY AND NATURAL Designated Spending’ contained in section which was ordered to lie on the table; RESOURCES 430 of that joint explanatory statement) Mrs. FEINSTEIN. Mr. President, I as follows: shall be made available to the city of Man- Beginning on page 173, strike line 12 and hattan for a water mainline extension ask unanimous consent that the Com- all that follows through page 174, line 5, and project: Provided further, That, notwith- mittee on Energy and Natural Re- insert the following: standing the joint explanatory statement of sources be authorized to meet during ‘‘(g) REQUIREMENTS FOR INCLUSION AND RE- the Committee on Appropriations of the the session of the Senate on September MOVAL OF PROPERTY IN HERITAGE AREA.— House of Representatives accompanying the 17, 2009, at 2:15 p.m., in room SD–366 of ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri- Omnibus Appropriations Act, 2009 (Public the Dirksen Senate Office Building. vately owned property shall be included in Law 111–8; 123 Stat. 524), the amount of The PRESIDING OFFICER. Without the Heritage Area unless the owner of the $290,000 made available to the Riley County objection, it is so ordered. private property provides to the manage- Board of Commissioners for the Konza Sewer ment entity a written request for the inclu- Main Extension project (as described in the COMMITTEE ON FOREIGN RELATIONS sion. table entitled ‘Congressionally Designated Mrs. FEINSTEIN. Mr. President, I ‘‘(2) PROPERTY REMOVAL.— Spending’ contained in section 430 of that ask unanimous consent that the Com- ‘‘(A) PRIVATE PROPERTY.—At the request of joint explanatory statement) shall be made mittee on Foreign Relations be author- an owner of private property included in the available to the city of Manhattan for the ized to meet during the session of the Heritage Area pursuant to paragraph (1), the Konza Water Main Extension project’’. Senate on Thursday, September 17, private property shall be immediately with- 2009, at 10 a.m., to hold a hearing enti- drawn from the Heritage Area if the owner of SA 2444. Mr. FEINGOLD submitted the property provides to the management en- an amendment intended to be proposed tled ‘‘Countering the Threat of Failure tity a written notice requesting removal. by him to the bill H.R. 2996, making ap- in Afghanistan.’’ ‘‘(B) PUBLIC PROPERTY.—On written notice propriations for the Department of the The PRESIDING OFFICER. Without from the appropriate State or local govern- Interior, environment, and related objection, it is so ordered. ment entity, public property included in the COMMITTEE ON INDIAN AFFAIRS Heritage Area shall be immediately with- agencies for the fiscal year ending Sep- drawn from the Heritage Area.’’. tember 30, 2010, and for other purposes; Mrs. FEINSTEIN. Mr. President, I which was ordered to lie on the table; ask unanimous consent that the Com- SA 2442. Mr. JOHNSON submitted an as follows: mittee on Indian Affairs be authorized amendment intended to be proposed by On page 240, between lines 13 and 14, insert to meet during the session of the Sen- him to the bill H.R. 2996, making ap- the following: ate September 17, 2009, at 2:15 p.m. in propriations for the Department of the SEC. 4ll. Section 404(c) of the Agricul- Room 628 of the Dirksen Senate Office Interior, environment, and related tural Research, Extension, and Education Building. agencies for the fiscal year ending Sep- Reform Act of 1998 (7 U.S.C. 7624(c)) is The PRESIDING OFFICER. Without tember 30, 2010, and for other purposes; amended— objection, it is so ordered. (1) in paragraph (1), by striking ‘‘Agricul- which was ordered to lie on the table; COMMITTEE ON THE JUDICIARY tural Research Service’’ and inserting ‘‘Agri- as follows: cultural Research Service and the Forest Mrs. FEINSTEIN. Mr. President, I On page 190, line 10, insert before the pe- Service’’; and ask unanimous consent that the Com- riod at the end the following: ‘‘: Provided fur- (2) by adding at the end the following: mittee on the Judiciary be authorized ther, That, notwithstanding the joint explan- ‘‘(3) AUTHORITY OF SECRETARY.—To carry to meet during the session of the Sen- atory statement of the Committee on Appro- out a cooperative agreement with a private ate, on September 17, 2009, at 10 a.m. in priations of the House of Representatives ac- entity under paragraph (1), the Secretary SD–226 of the Dirksen Senate Office companying Public Law 111–8 (123 Stat. 524), may rent to the private entity equipment, Building, to conduct an executive busi- the amount of $400,000 made available to the the title of which is held by the Federal Gov- City of Lake Norden, South Dakota, for ernment.’’. ness meeting. wastewater infrastructure improvements (as The PRESIDING OFFICER. Without f described in the table entitled ‘Congression- objection, it is so ordered. ally Designated Spending’ contained in sec- NOTICE OF HEARING COMMITTEE ON VETERANS’ AFFAIRS tion 430 of that joint explanatory statement) COMMITTEE ON ENERGY AND NATURAL Mrs. FEINSTEIN. Mr. President, I shall be made available to the City of Lake RESOURCES Norden, South Dakota, for drinking water ask unanimous consent that the Com- infrastructure improvements’’. Mr. BINGAMAN. Mr. President, I mittee on Veterans’ Affairs be author- would like to announce for the infor- ized to meet during the session of the SA 2443. Mr. BROWNBACK submitted mation of the Senate and the public Senate on September 17, 2009. The Com- an amendment intended to be proposed that a hearing has been scheduled be- mittee will meet in room 418 of the by him to the bill H.R. 2996, making ap- fore the Subcommittee on Public Russell Senate Office Building begin- propriations for the Department of the Lands and Forests. ning at 9:30 a.m. Interior, environment, and related The hearing will be held on Thurs- The PRESIDING OFFICER. Without agencies for the fiscal year ending Sep- day, October 1, 2009, at 2:30 p.m., in objection, it is so ordered.

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 17, 2009 CONGRESSIONAL RECORD — SENATE S9571 SELECT COMMITTEE ON INTELLIGENCE The resolution (S. Res. 273) was Whereas the Senate designated October 16 Mrs. FEINSTEIN. Mr. President, I agreed to. as World Food Prize Day in America in ask unanimous consent that the Select The preamble was agreed to. honor of Dr. Borlaug; and Committee on Intelligence be author- Whereas it is written of Dr. Borlaug that The resolution, with its preamble, throughout all of his work he saved ized to meet during the session of the reads as follows: 1,000,000,000 lives, thus making him widely Senate on September 17, 2009, at 2:30 S. RES. 273 known as saving more lives than any other p.m. Whereas Dr. Norman E. Borlaug was born person in human history: Now, therefore, be The PRESIDING OFFICER. Without on March 25, 1914, of Norwegian parents on a it objection, it is so ordered. farm in Cresco, Iowa, and was educated in a Resolved, That— (1) the Senate has received with profound SUBCOMMITTEE ON CRIME AND DRUGS 1-room school house throughout grades 1 through 8; sorrow and deep regret the announcement of Mrs. FEINSTEIN. Mr. President, I the passing of Dr. Norman Borlaug; and ask unanimous consent that the Com- Whereas Dr. Borlaug attended the Univer- sity of Minnesota, where he earned a Ph.D. (2) the Senate directs the Secretary of the mittee on the Judiciary, Sub- degree in Plant Pathology; Senate to transmit an enrolled copy of this committee on Crime and Drugs, be au- Whereas, beginning in 1944, Dr. Borlaug resolution to the family of the deceased. thorized to meet during the session of spent 2 decades in rural Mexico working to f the Senate, on September 17, 2009, at 2 assist the poorest farmers through a pio- PEACE DAY p.m. in room SD–226 of the Dirksen neering Rockefeller Foundation program; Senate Office Building, to conduct a Whereas Dr. Borlaug’s research and inno- Mr. REID. I ask unanimous consent hearing entitled ‘‘Evaluating S. 1551: vative ‘‘shuttle breeding’’ in Mexico enabled that the Senate now proceed to S. Res. The Liability for Aiding and Abetting him to develop a new approach to agri- 274. culture and a new disease-resistant variety The PRESIDING OFFICER. The Securities Violations Act of 2009.’’ of wheat with triple the output of grain; The PRESIDING OFFICER. Without clerk will report the resolution by Whereas this breakthrough achievement in title. objection, it is so ordered. plant production enabled Mexico to become The assistant legislative clerk read AD HOC SUBCOMMITTEE ON CONTRACTING self-sufficient in wheat by 1956, and concur- as follows: OVERSIGHT rently raised the living standard for thou- Mrs. FEINSTEIN. Mr. President, I sands of poor Mexican farmers; A resolution (S. Res. 274) supporting the goals and ideals of Peace Day. ask unanimous consent that the Ad Whereas Dr. Borlaug was asked by the United Nations to travel to India and Paki- There being no objection, the Senate Hoc Subcommittee on Contracting stan in the 1960s, as South-Asia and the Mid- Oversight of the Committee on Home- proceeded to consider the resolution. dle East faced an imminent widespread fam- Mr. REID. I ask unanimous consent land Security and Governmental Af- ine, where he eventually helped convince the resolution be agreed to, the pre- fairs be authorized to meet during the those 2 warring governments to adopt his amble be agreed to, the motions to re- session of the Senate on September 17, new seeds and new approach to agriculture consider be laid upon the table, with no 2009, at 2:30 p.m. to conduct a hearing to address this critical problem; intervening action or debate, and any entitled, ‘‘Improving Transparency and Whereas, Dr. Borlaug brought miracle statements be printed in the RECORD. Accessibility of Federal Contracting wheat to India and Pakistan, which helped both countries become self-sufficient in The PRESIDING OFFICER. Without Databases.’’ wheat production, thus saving hundreds of objection, it is so ordered. The PRESIDING OFFICER. Without millions of people from hunger, famine, and The resolution (S. Res. 274) was objection, it is so ordered. death; agreed to. f Whereas Dr. Borlaug and his team trained The preamble was agreed to. young scientists from Algeria, Tunisia, The resolution, with its preamble, PRIVILEGES OF THE FLOOR Egypt, Jordan, Iraq, Turkey, and Afghani- stan in this same new approach to agri- reads as follows: Mrs. FEINSTEIN. Madam President, culture, which introduced new seeds but also S. RES. 274 I ask unanimous consent that Tomer put emphasis on the use of fertilizer and irri- Whereas, beginning in 2002, the United Na- Hasson, an environmental legislative gation, thus increasing yields significantly tions has designated September 21 of each fellow in my office, be granted floor in those countries as well; year as the International Day of Peace, privileges for the pendency of H.R. 2996, Whereas Dr. Borlaug’s approach to wheat which is known in the United States as the Interior appropriations bill. was adapted by research scientists working Peace Day; The ACTING PRESIDENT pro tem- in rice, which spread the Green Revolution Whereas the United Nations dedicates the pore. Without objection, it is so or- to Asia, feeding and saving millions of people International Day of Peace to the cessation from hunger and starvation; of hostilities and nonviolence, and calls upon dered. Whereas Dr. Borlaug was awarded the all Nations and people to commemorate the f Nobel Peace Prize in 1970 as the ‘‘Father of day appropriately, including through edu- the Green Revolution’’ and is only 1 of 5 peo- cational efforts, and public awareness; COMMEMORATING DR. NORMAN ple to have ever received the Nobel Peace Whereas Peace Day activities around the BORLAUG Prize, Presidential Medal of Freedom, and world include vaccination campaigns, peace Mr. REID. Mr. President, I ask unan- Congressional Gold Medal; walks, concerts, peace-related discussions imous consent that we proceed to S. Whereas Dr. Borlaug headed the Sasakawa and debates, poetry readings, mass prayer Global 2000 program to bring the Green Rev- ceremonies, art exhibitions, memorial serv- Res. 273. olution to 10 countries in Africa, and trav- ices, school assemblies, and sporting events; The PRESIDING OFFICER. The eled the world to educate the next genera- Whereas, on Peace Day 2006, the World clerk will report the resolution by tion of scientists on the importance of pro- Food Programme carried out a 60-ton food title. ducing new breakthrough achievements in drop in Southern Sudan; The assistant legislative clerk read food production; Whereas, on Peace Day 2007, the Peace One as follows: Whereas Dr. Borlaug tirelessly promoted Day organization worked alongside the the potential that biotechnology offers for United Nations Children’s Fund (UNICEF), A resolution (S. Res. 273) commemorating feeding the world, while also preserving bio- the World Health Organization (WHO), and Dr. Norman Borlaug, recipient of the Nobel diversity, in the 21st century when the glob- the Afghan Ministry of Public Health to vac- Peace Prize, the Congressional Gold Medal, al population is projected to rise to cinate 1,400,000 children of Afghanistan Presidential Medal of Freedom, and founder 9,000,000,000 people; against the polio virus and, on Peace Day of the World Food Prize. Whereas Dr. Borlaug continued his role as 2008, approximately 14,000 health workers There being no objection, the Senate an educator as a Distinguished Professor at and volunteers delivered polio vaccinations proceeded to consider the resolution. Texas A&M University, while also working to 1,600,000 children under the age of 5 in 6 Mr. REID. I ask unanimous consent at the International Center for the Improve- Afghan provinces; the resolution be agreed to, the pre- ment of Wheat and Maize in Mexico; Whereas, on Peace Day 2007, Star Syringe amble be agreed to, the motions to re- Whereas Dr. Borlaug founded the World vaccinated children in rural areas against consider be laid upon the table, with no Food Prize, called by several world leaders measles, diptheria, tuberculosis, hepatitis, ‘‘The Nobel Prize for Food and Agriculture’’, and whooping cough in 20 locations, includ- intervening action or debate, and any which is awarded in Iowa each October so as ing Uganda, India, Ethiopia, and Indonesia; statements be printed in the RECORD. to recognize and inspire Nobel-like achieve- Whereas, on Peace Day 2007, in the con- The PRESIDING OFFICER. Without ments in increasing the quality, quantity, flict-torn South Kivu province of the Demo- objection, it is so ordered. and availability of food in the world; cratic Republic of Congo, UNICEF and other

VerDate Nov 24 2008 05:45 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S17SE9.REC S17SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9572 CONGRESSIONAL RECORD — SENATE September 17, 2009 organizations provided insecticide-treated Museum of the American Latino: Dr. completes its business today, it ad- mosquito nets to protect 600,000 children Emma Sepulveda of Nevada vice Kath- journ until 2 p.m. on Monday, Sep- from malaria, and also provided vitamin A, erine Archuleta of Colorado. tember 21; that following the prayer de-worming medication, and measles immu- The Chair announces, on behalf of and the pledge, the Journal of pro- nizations; Whereas, on Peace Day 2007, there were 82 the minority leader, pursuant to the ceedings be approved to date, the Peace Day initiatives in Afghanistan alone, provisions of S. Res. 105, adopted April morning hour be deemed expired, the involving more than 30 United Nations agen- 13, 1989, as amended by S. Res. 149, time for the two leaders be reserved for cies, government departments, radio sta- adopted October 5, 1993, as amended by their use later in the day, and the Sen- tions, and civil society organizations, and in- Public Law 105–275, adopted October 21, ate proceed to a period of morning cluding arms handover ceremonies, commu- 1998, further amended by S. Res. 75, business until 3 p.m., with Senators nity prayers for peace, painting schools adopted March 25, 1999, amended by S. permitted to speak therein for up to 10 white, educational activities, and a Peace Res. 383, adopted October 27, 2000, and minutes each; that following morning Walk through the streets of Heart, Afghani- stan; amended by S. Res. 355, adopted No- business, the Senate resume consider- Whereas the Peace One Day organization vember 13, 2002, and further amended ation of Calendar No. 98, H.R. 2996, In- provides free educational materials to by S. Res. 480, adopted November 21, terior appropriations. schools in the United States and worldwide 2004, the appointment of the following The PRESIDING OFFICER. Without that enable young people to prepare for and Senator as a member of the Senate Na- objection, it is so ordered. participate in Peace Day activities, learn the tional Security Working Group for the f skills needed to resolve conflicts peacefully, 111th Congress: the Honorable LINDSEY and cultivate a sense of active global citizen- PROGRAM GRAHAM of South Carolina (co-chair- ship; and Mr. REID. Mr. President, there will Whereas the ‘‘One Day One Goal’’ initia- man). tive promotes soccer matches in all member Mr. REID. I suggest the absence of a be no rollcall votes on Monday, as pre- states of the United Nations on Peace Day, quorum. viously announced. Senators should ex- and ‘‘One Day One Goal’’ soccer matches re- The PRESIDING OFFICER. The pect the next vote to begin before the flect cooperation, unity, and the power of clerk will call the roll. caucus on Tuesday. soccer to bring people together as part of The assistant legislative clerk pro- f Peace Day in many countries, including Iraq, ceeded to call the roll. ADJOURNMENT UNTIL MONDAY, Uganda, Afghanistan, Burundi, Cambodia, Mr. REID. Mr. President, I ask unan- ˆ SEPTEMBER 21, 2009, AT 2 P.M. the United Arab Emirates, the Cote d’Ivoire, imous consent that the order for the the United States, and the United Kingdom: quorum call be rescinded. Mr. REID. Mr. President, if there is Now, therefore, be it no further business to come before the Resolved, That the Senate— The PRESIDING OFFICER. Without (1) expresses its support for the goals and objection, it is so ordered. Senate, I ask unanimous consent that ideals celebrated on Peace Day, which is ob- Mr. REID. Mr. President, first of all, it stand adjourned under the previous served each year on September 21; I appreciate very much the patience of order. (2) supports continuing efforts to raise the Presiding Officer and all the staff. There being no objection, the Senate, global awareness of the goals of Peace Day In prior years, before you arrived in at 7:15 p.m., adjourned until Monday, and to engage all sectors of society in the the Senate, I used to spend a lot of September 21, 2009, at 2 p.m. peaceful observance of the International Day of Peace, in accordance with United Nations time on the floor when I was the whip f General Assembly Resolution 55/282 of Sep- and we had one of the staff here who NOMINATIONS tember 7, 2001, including work with United talked about how Senate time was dog Nations agencies and non-governmental or- time—1 minute is really 7 minutes. In Executive nominations received by ganizations to promote life-saving and hu- fact, as his going away gift to me, my the Senate: manitarian activities on Peace Day; and friend Jack, who was right down here, FEDERAL RESERVE SYSTEM (3) encourages people in the United States before he retired gave me a dog chain BEN S. BERNANKE, OF NEW JERSEY, TO BE CHAIRMAN to observe Peace Day, September 21, 2009, as a souvenir. I kept it in my desk here OF THE BOARD OF GOVERNORS OF THE FEDERAL RE- with appropriate programs, ceremonies, and SERVE SYSTEM FOR A TERM OF FOUR YEARS. (RE- educational activities, in order to raise for years. But sometimes things take a APPOINTMENT) awareness of the need for peaceful resolution long time to get worked out. It may DEPARTMENT OF HOMELAND SECURITY of conflicts of all kinds. not seem like much, but it took a long ERROLL G. SOUTHERS, OF CALIFORNIA, TO BE AN AS- time to get this done. SISTANT SECRETARY OF HOMELAND SECURITY, VICE ED- f MUND S. HAWLEY, RESIGNED. f MEASURE READ THE FIRST DEPARTMENT OF JUSTICE TIME—S. 1687 NOMINATION OF ERROLL MICHAEL J. MOORE, OF GEORGIA, TO BE UNITED SOUTHERS STATES ATTORNEY FOR THE MIDDLE DISTRICT OF Mr. REID. Mr. President, I under- GEORGIA FOR THE TERM OF FOUR YEARS, VICE MAX- stand that there is a bill at the desk. I Mr. REID. Mr. President, as in execu- WELL WOOD. CARMEN MILAGROS ORTIZ, OF MASSACHUSETTS, TO BE ask for its first reading. tive session, I ask unanimous consent UNITED STATES ATTORNEY FOR THE DISTRICT OF MAS- The PRESIDING OFFICER. The that the nomination of Erroll Southers SACHUSETTS FOR THE TERM OF FOUR YEARS, VICE MI- CHAEL J. SULLIVAN. clerk will report. to be Assistant Secretary of Homeland EDWARD J. TARVER, OF GEORGIA, TO BE UNITED Security be referred to the Committee STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF A bill (S. 1687) to prohibit the Federal Gov- GEORGIA FOR THE TERM OF FOUR YEARS, VICE EDMUND ernment from awarding contracts, grants, or on Commerce, Science, and Transpor- A. BOOTH, JR. other agreements, or providing other Federal tation; that upon the reporting out or FOREIGN SERVICE funds to or engaging in activities that pro- discharge of the nomination, it then be THE FOLLOWING-NAMED PERSONS OF THE AGENCIES mote the Association of Community Organi- referred to the Homeland Security and INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- zations for Reform Now. Governmental Affairs Committee for a FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Mr. REID. I ask for a second reading period not to exceed 30 calendar days; CLASS TWO, CONSULAR OFFICER AND SECRETARY IN but object to my own request. that if the Homeland Security and THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: The PRESIDING OFFICER. Objec- Governmental Affairs Committee has DEPARTMENT OF STATE tion is heard. The bill will be read for not reported the nomination at that the second time the next legislative time, then the Committee be dis- LAURIE M. MAJOR, OF MAINE FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF day. charged and the nomination be placed CLASS THREE, CONSULAR OFFICER AND SECRETARY IN f on the Executive Calendar. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF The PRESIDING OFFICER. Without AMERICA: APPOINTMENTS objection, it is so ordered. DEPARTMENT OF COMMERCE The PRESIDING OFFICER. The f ROBYN F. KESSLER, OF OHIO Chair announces, on behalf of the ma- DEPARTMENT OF STATE ORDERS FOR MONDAY, jority leader, pursuant to P.L. 110–229, SARAH AUDREY NELSON, OF VIRGINIA SEPTEMBER 21, 2009 the appointment of the following to be FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF members of the Commission to Study Mr. REID. Mr. President, I ask unan- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF the Potential Creation of a National imous consent that when the Senate AMERICA, EFFECTIVE JUNE 29, 2009:

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DEPARTMENT OF STATE L. MICHAEL LEDBETTER, JR., OF VIRGINIA IN THE ARMY ELIZABETH ERIN ANDERSON LEE, OF WEST VIRGINIA CHAD R. NORBERG, OF FLORIDA KUANG YANG LI, OF VIRGINIA THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN FRANCES C. LIN, OF CALIFORNIA APPOINTMENT TO THE GRADE INDICATED IN THE SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES SCOTT HAMILTON LINTON, OF COLORADO UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JONATHAN L. LOW, OF THE DISTRICT OF COLUMBIA CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: AMERICA: W. GARY LOWMAN, JR., OF FLORIDA AMANDA LUGO, OF TEXAS To be major DEPARTMENT OF COMMERCE MATTHEW R. MALOY, OF MONTANA DEREK D. BROWN ARYANI ELISABETH MANRING, OF PENNSYLVANIA ERIC G. CROWLEY, OF COLORADO IZAAK MARTIN, OF VIRGINIA EMILY V. GEREFFI, OF VIRGINIA THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JOHN MCDANIEL, OF TEXAS APPOINTMENT TO THE GRADE INDICATED IN THE DAMIAN J. FELTON, OF VIRGINIA KELLY MCGUIRE, OF TEXAS NANCY KREMERS, OF THE DISTRICT OF COLUMBIA UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER RYAN E. MCKEAN, OF WISCONSIN TITLE 10, U.S.C., SECTIONS 531 AND 3064: LISA WANG, OF VIRGINIA ROBERT E. MELVIN, OF TEXAS DEPARTMENT OF STATE DAVID B. MILLAR, OF THE DISTRICT OF COLUMBIA To be major BEAU J. MILLER, OF MICHIGAN FAREED A. ABDULLAH, OF GEORGIA SHANAZ MOHAMED, OF THE DISTRICT OF COLUMBIA STEPHANIE LATIMER ROBERT ADELSON, JR., OF NEW YORK STEPHANIE MOLNAR, OF NEW JERSEY OANH K. TRAN JUANITA L. AGUIRRE, OF TEXAS ROBERT E. MORGAN, OF TEXAS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MICHAEL AHN, OF CALIFORNIA CHAD WILLIAM MORRIS, OF VIRGINIA APPOINTMENT TO THE GRADE INDICATED IN THE TYSON DALE AIKEN, OF VIRGINIA MILESSA NICOLE MUCHMORE, OF NEW MEXICO UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, MAYRA ALEJANDRA ALVARADO TORRES, OF CALI- MARK ROBERT NAYLOR, OF IOWA U.S.C., SECTIONS 531 AND 3064: FORNIA PATRICIA NEARY, OF VIRGINIA JERRAD U. ANDERSON, OF VIRGINIA THOMAS ANDREW NIBLOCK, OF IOWA To be major KRISTER BERNT ANDERSON, OF MINNESOTA NATANYA NOBEL, OF MARYLAND ALICIA M. ANDREWS, OF VIRGINIA ERIN O. O’NEILL, OF VIRGINIA MICHELLE H. MARTIN MICHAEL C. ANNESE, OF VIRGINIA ALEXANDER R. ORR, OF NEW JERSEY MARGARET A. MOSLEY CAROLYN M. AUZENNE, OF VIRGINIA GERALD A. O’SHEA, OF VIRGINIA PAMELA L. AUZENNE, OF LOUISIANA BENNY A. PADILLA, OF CALIFORNIA THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR TERESA S. BALL, OF TENNESSEE CHRISTOPHER JOHN PANUSKA, OF THE DISTRICT OF CO- APPOINTMENT TO THE GRADES INDICATED IN THE BRANDON C. BARRIENTEZ, OF KANSAS LUMBIA UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, BRANDON A. BATEMAN, OF VIRGINIA KEVIN J. PARNELL, OF VIRGINIA U.S.C., SECTIONS 531 AND 3064: DAWN ELIZABETH BEAUPAIN, OF VIRGINIA ANDREW J. PARTIN, OF NEW HAMPSHIRE To be lieutenant colonel ALBERT J. BECCACCIO, OF VIRGINIA EMILY PERTOSO, OF VIRGINIA LAUREN BISHOP, OF VIRGINIA JESSICA BRIANNA PFLEIDERER, OF MINNESOTA ROBERT E. POWERS MELANI M. BLECK, OF VIRGINIA JULIAN I. PHILLIPPI, OF MASSACHUSETTS NINO A. VIDIC AJA C. BONSU, OF THE DISTRICT OF COLUMBIA ALISANDE L. PIPKIN, OF NEW YORK COREY BORDENKECHER, OF INDIANA PEDRO A. PLA-DAVILA, OF VIRGINIA To be major GABRIELLE ELIZABETH BRADEN, OF THE DISTRICT OF RICHARD JOHN POLNEY, OF NEVADA COLUMBIA THOMAS LEE RADKE, OF MISSOURI LISA A. DAVIS ANNE BRAGHETTA, OF CALIFORNIA HEIDI M. RAMSAY, OF CALIFORNIA MARK A. DOANE BRIGETTE BUCHET, OF MARYLAND KATHERINE RAY, OF OREGON TAN D. PHAM ROBERT H. BURNETT, OF TENNESSEE NANCY FARQUHAR RHODES, OF TEXAS TIMOTHY M. RUFFF SUZANNE L. BYRNE, OF VIRGINIA JUSTO L. RIVERA, OF VIRGINIA IMRAN A. SETHI ALYSSA M. CARALLA, OF GEORGIA LASHANDA LELIA ROBERTS, OF MARYLAND UZMA M. SHARIF CHRISTIAN H. CARDONA, OF NEW YORK CHRISTOPHER RYAN RODRIGUEZ, OF VIRGINIA MYSORE S. SHILPA MARCUS BLAIR CARPENTER, OF THE DISTRICT OF CO- TYLER J. ROGSTAD, OF MINNESOTA IN THE NAVY LUMBIA JOSEPH SCHALLER, OF NEW YORK MARQUITA LEVONNE CASH, OF VIRGINIA JANET B. SCOTT, OF VIRGINIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MARK STUART CHAMBERLAIN, OF VIRGINIA KIMBERLY SCRIVNER, OF NEVADA MENT TO THE GRADE INDICATED IN THE UNITED STATES ERIN JORDAN CLANCY, OF CALIFORNIA PAUL D. SHAFFER, OF MARYLAND NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TRAVIS JOHN COBERLY, OF KANSAS JODI H. SHOUSE, OF VIRGINIA DESIRE MICHELLE CORMIER, OF CALIFORNIA AARON M. SINGLETERRY, OF WASHINGTON To be captain ROYCE S. CRAYTON, OF VIRGINIA MONICA M. SLAKEY, OF CALIFORNIA JUAN CARLOS CRUZ, OF FLORIDA STEPHEN B. SLICK, OF VIRGINIA NERU B. BARNEA DARREN DAPAS, OF NEW JERSEY TAMMY LING SMITH, OF WASHINGTON WILLIAMS O. VOELKER LAURA SONNET DAVIS, OF THE DISTRICT OF COLUMBIA CHRISTINE SORENSON, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- KAREN A. DICKERSON, OF MARYLAND JULIA E. SPEER, OF THE DISTRICT OF COLUMBIA POINTMENT IN THE GRADE INDICATED IN THE REGULAR TRENTON BROWN DOUTHETT, OF OHIO GEOFF SPENCER, OF ARIZONA NAVY UNDER TITLE 10, U.S.C., SECTION 531: SADIE ELEN DWORAK, OF NEW HAMPSHIRE DANETTE I. SULLIVAN, OF TENNESSEE PAULA VILLANOVA ENCARNACAO, OF MARYLAND SUSAN M. SWARTZ, OF MARYLAND To be lieutenant commander JOHANNA LOUISE FERNANDO, OF VIRGINIA VANESSA ANNE TANTILLO, OF ILLINOIS KYLE FIELDING, OF WASHINGTON MICHAEL CHARLES TAPLEY, OF TEXAS ANITA AMINOSHARIAE ERIK T. FINCH, OF TEXAS AMY L. TERRILL, OF VIRGINIA DENNY MARTIN BRETT FORSTER THURMAN, OF MICHIGAN COLIN FISHWICK, OF WASHINGTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT EMIL TIBBETTS, OF MARYLAND JANET M. FLATLEY, OF FLORIDA IN THE GRADES INDICATED IN THE REGULAR NAVY GRETCHEN L. TIETJE, OF TEXAS JOAN H. FLYNN, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 531: TIMOTHY J. FUNKE, OF VIRGINIA NICOLE A. TOBIN, OF KANSAS JOSEPH GIORDONO-SCHOLZ, OF CALIFORNIA EMERITA F. TORRES, OF NEW YORK To be commander ANGELA C. GJERTSON, OF THE DISTRICT OF COLUMBIA MICHELLE T. TRAN, OF KANSAS CATHRYN MARGARET GLEASMAN, OF TEXAS MATTHEW UPTON TRUMBULL, OF VIRGINIA TRACY D. EMERSON BRYAN F. GRANT, OF VIRGINIA JOHN MICHAEL VASSALLO, OF VIRGINIA CHRIS A. MINO JOHN S. VELA, OF VIRGINIA CATHERINE GRIFFITH, OF VIRGINIA To be lieutenant commander EMILY ELIZABETH GUEST, OF VIRGINIA DANIEL VILLANUEVA, OF FLORIDA JOHN WALESIEWICZ, OF VIRGINIA LORIANA GUIDI, OF VIRGINIA JOSEPH D. AYERS DAMIAN WAMPLER, OF NEW YORK CASSANDRA HAGAR, OF TEXAS JAMES M. T. CONNOLLY CORY A. WEISS, OF VIRGINIA JAMES J. HAGENGRUBER, OF WASHINGTON DEREK A. NELSON MATTHEW WESTBROOK, OF VIRGINIA KATHRYN FAYE HARPER, OF CALIFORNIA DAVID K. SHELLINGTON CRAIG S. HEALY, OF ILLINOIS JUSTIN DREW WITT, OF VIRGINIA GREGORY P. HENRY, OF VIRGINIA STACEY E.V. WOOD, OF CALIFORNIA PATRICIA ADRIENNE HILL, OF MASSACHUSETTS CHRISTOPHER D. WOOSLEY, OF VIRGINIA f ROBERT G. HOLMAN, JR., OF MARYLAND RUSSELL A. ZALIZNIAK, OF FLORIDA LAUREN D. HOLMES, OF NORTH CAROLINA VICKI LEIGH ZERFOSS, OF VIRGINIA KATHLEEN INGRID HOSIE, OF THE VIRGIN ISLANDS MARIA A. ZUNIGA, OF VIRGINIA LYNN M. HOUGHTON, OF VIRGINIA MARIA A. ZUNGIA, OF VIRGINIA CONFIRMATION MATTHEW JOHNSON, OF VIRGINIA IN THE NAVY YOSHIKO K. KARLSEN, OF CALIFORNIA Executive nomination confirmed by GEORGE C. KAUFFER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate, Thursday, September 17, CHRISTOPHER K. KING, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED LAWRENCE JOSEPH KORB, JR., OF CONNECTICUT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 2009: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LORRAINE J. KRAMER, OF VIRGINIA THE JUDICIARY REBECCA M. LABANCZ, OF VIRGINIA To be vice admiral DEVAN TERESE LANGFORD, OF MARYLAND GERARD E. LYNCH, OF NEW YORK, TO BE UNITED JOHN F. LAPLUME, OF VIRGINIA VICE ADM. BRUCE W. CLINGAN STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT.

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