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					                                                                                            Congressional Record
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                                                                                                                                                                    111 th CONGRESS, FIRST SESSION
                                             United States
                                              of America                                     PROCEEDINGS AND DEBATES OF THE


                                           Vol. 155                                                     WASHINGTON, TUESDAY, FEBRUARY 10, 2009                                                                  No. 27


                                                                                                                                   Senate
                                             The Senate met at 10 a.m. and was                                            The assistant legislative clerk read                 of frightening economic events have
                                           called to order by the Honorable                                             the following letter:                                  left many Americans without work and
                                           JEANNE SHAHEEN, a Senator from the                                                                  U.S. SENATE,                    many more wondering when the bad
                                           State of New Hampshire.                                                                     PRESIDENT PRO TEMPORE,                  news will end. A problem that began in
                                                                                                                                  Washington, DC, February 10, 2009.           the housing sector spread to the finan-
                                                                                     PRAYER                             To the Senate:                                         cial sector, triggering even more prob-
                                             The Chaplain, Dr. Barry C. Black, of-                                        Under the provisions of rule I, paragraph 3,         lems in industries that rely on credit.
                                           fered the following prayer:                                                  of the Standing Rules of the Senate, I hereby
                                                                                                                                                                               Major U.S. companies that many
                                                                                                                        appoint the Honorable JEANNE SHAHEEN, a
                                             Let us pray.                                                                                                                      Americans never thought were vulner-
                                                                                                                        Senator from the State of New Hampshire,
                                             Once to every person and nation                                                                                                   able have laid off thousands of workers,
                                                                                                                        to perform the duties of the Chair.
                                           comes the moment to decide. Eternal                                                                 ROBERT C. BYRD,                 some for the first time ever. Last
                                           God, the source of wisdom, such a sea-                                                             President pro tempore.           month alone, 600,000 Americans lost
                                           son has come to our Senators. As the                                                                                                jobs.
                                                                                                                          Mrs. SHAHEEN thereupon assumed
                                           Members of this body strive to do the                                                                                                 This was the situation when Presi-
                                                                                                                        the chair as Acting President pro tem-
                                           right thing, give them supernatural                                                                                                 dent Obama took office late last
                                                                                                                        pore.
                                           guidance. Guide them to make deci-                                                                                                  month. And, to his credit, our new
                                           sions that will withstand the scrutiny                                                         f
                                                                                                                                                                               President has committed himself to
                                           of generations yet unborn. Infuse their                                       RECOGNITION OF THE MAJORITY                           working with Congress to fix the econ-
                                           discussions with the civility that en-                                                   LEADER                                     omy, a top priority for both parties. A
                                           genders respect, objectivity, and prag-                                                                                             month before Inauguration Day, the
                                           matism. Destroy partisan rancor as our                                         The ACTING PRESIDENT pro tem-
                                                                                                                        pore. The majority leader is recog-                    President told us that bold legislative
                                           lawmakers remember that You are the                                                                                                 action would be needed. He also said re-
                                           only constituent they must please. Re-                                       nized.
                                                                                                                                                                               peatedly that he would be careful in
                                           mind them that indecision is not an op-                                                        f                                    spending the taxpayers’ money.
                                           tion during crisis and that evil usually                                                   SCHEDULE                                   The American people were ready to
                                           triumphs when good people do nothing.                                                                                               support an economic plan that would
                                           Lord, only You know the future and                                             Mr. REID. Madam President, fol-                      work and that wouldn’t spend money
                                           which decision will bring the greatest                                       lowing leader remarks, the Senate will                 we don’t have on things we don’t need.
                                           benefits for the most people. As our                                         resume consideration of H.R. 1, the                    So were Republicans in Congress.
                                           lawmakers seek to be responsible while                                       American Recovery and Reinvestment                       What many of us did not expect, how-
                                           not knowing what the future holds, let                                       Act. The time until 12 o’clock will be                 ever, was that President Obama
                                           Your providence prevail.                                                     equally divided and controlled between                 wouldn’t be the author of that plan. In
                                             And Lord, we pray for the thousands                                        the two leaders or their designees. At                 an odd turn of events, the bold eco-
                                           in Australia, devastated by the deadly                                       12 o’clock noon today, the Senate will                 nomic plan that President Obama
                                           wildfires.                                                                   vote in relation to the Collins-Nelson                 called for ended up being written by
                                             We pray in Your loving Name. Amen.                                         of Nebraska substitute amendment, to                   some of the longest-serving Democrats
                                                                                    f                                   be followed by a vote on passage of the                in the House of Representatives—and it
                                                                                                                        bill. Upon disposition of H.R. 1, the                  showed. Tasked with writing a stim-
                                                PLEDGE OF ALLEGIANCE                                                    Senate will recess until 2:15 p.m. to                  ulus bill that was timely, targeted, and
                                             The Honorable JEANNE SHAHEEN led                                           allow for the weekly caucus luncheons.                 temporary, Democrats in the House
                                           the Pledge of Allegiance, as follows:                                                          f                                    produced an enormous spending bill
                                             I pledge allegiance to the Flag of the
                                                                                                                                                                               that was none of the above.
                                           United States of America, and to the Repub-                                         RECOGNITION OF THE
                                           lic for which it stands, one nation under God,                                                                                        Criticism of the House bill was fierce,
                                                                                                                               REPUBLICAN LEADER
                                           indivisible, with liberty and justice for all.                                                                                      so many of us expected that Democrats
                                                                                                                          The ACTING PRESIDENT pro tem-                        in the Senate would draft a much bet-
                                                           f
                                                                                                                        pore. The Republican leader is recog-                  ter bill. Unfortunately, those hopes
                                                APPOINTMENT OF ACTING                                                   nized.                                                 turned out to be unfounded. Not only
                                                PRESIDENT PRO TEMPORE                                                                     f                                    was the Senate bill more expensive
                                             The PRESIDING OFFICER. The                                                                                                        than the House bill, it repeated the
                                           clerk will please read a communication                                             STIMULUS COMPROMISE                              same mistakes: hundreds of billions in
                                           to the Senate from the President pro                                           Mr. MCCONNELL. Madam President,                      permanent      Government     expansion,
                                           tempore (Mr. BYRD).                                                          over the past several months, a series                 wasteful projects that would have
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                                                                   ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

                                                                                                                                                                                                        S2037


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                                           S2038                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           minimal or no impact on job creation,                     Still, some Democrats continue to                    and the appropriations bill could cost
                                           and a staggering $1.2 trillion pricetag                 defend the bill. Asked about its appar-                an additional $250 billion per year in
                                           when interest costs are added.                          ent lack of focus, one veteran Demo-                   interest payments.
                                              As the Senate version was taking                     cratic Congressman said, ‘‘So what.’’                     That’s about $700 billion next year in
                                           shape, a number of Senators expressed                   One Senate Democrat called $16.4 bil-                  interest payments on the debt alone—
                                           serious concerns. One Senator said he                   lion in the bill ‘‘a trifle.’’ Another                 more than we spent last year on de-
                                           was, ‘‘very committed to making sure                    Democrat Senator said that by insert-                  fense, military construction, Veterans
                                           that we get it scrubbed clean of many                   ing a $3 billion project of his own, he                hospitals, and Homeland Security com-
                                           of these programs.’’ Another said that,                 was just ‘‘fiddling at the edges.’’ An-                bined—$700 billion with nothing to
                                           ‘‘If there’s wasteful or silly spending,                other said that $50 billion was ‘‘not                  show for it, $700 billion just to keep the
                                           or spending that does not, you know,                    going to make the difference to the                    creditors from knocking on our door.
                                           create, jobs, that sort of stuff needs to               economy.’’ Most people cringe at a 50-                 The interest costs on the stimulus bill
                                           be pruned out.’’ Another Senator said,                  cent increase in the cost of bread. Sen-               alone will cost us $95 million a day,
                                           ‘‘We are seeking not to let this thing                  ate Democrats shrug at taking $16 bil-                 every day, for the next 10 years. Most
                                           get loaded up with all these other pet                  lion from the taxpayers for a project                  people know what it is to charge a lit-
                                           projects and pet programs.’’ Another                    they can’t even assure us will work. In                tle more on the credit card than you
                                           said, ‘‘. . . it needs some work. It needs              an economic downturn, we should care                   should. They should know that their
                                           some surgery.’’ And those were just the                                                                        Government is about to charge a lot
                                                                                                   more about how we spend their tax dol-
                                           Democrats.                                                                                                     more on the Nation’s credit than it can
                                              Concerns were so widespread that                     lars—not less.
                                                                                                     America is in the midst of a serious                 afford—and that it is counting on the
                                           President Obama called a meeting at
                                                                                                   economic crisis. At some point, how-                   taxpayers to cover the cost.
                                           the White House with congressional
                                                                                                   ever, we will all have to face an even                    This is serious money, all of it bor-
                                           leaders. After the meeting, many of us
                                                                                                   larger crisis: We have a $1.2 trillion def-            rowed, and all of it spent on the hope
                                           thought Senate Democrats would
                                                                                                   icit. The national debt is approaching                 that it will help lift the economy.
                                           rethink their plan. They didn’t. They
                                                                                                   $11 trillion. Soon we will be voting on                   All of us want to strengthen the
                                           dug in deeper. Republicans tried re-
                                                                                                   an omnibus appropriations bill that                    economy and create and save jobs. Re-
                                           peatedly to cut out the waste and bring
                                                                                                   will cost another $400 billion. This                   publicans believe the best way to do it
                                           down the total cost of the bill, and to
                                                                                                   week, Secretary Geithner is expected                   is to first fix the problem, which is
                                           refocus on the central problem of the
                                                                                                   to propose another round of bank bail-                 housing. Then we need to let people
                                           housing market. Democrats resisted.
                                                                                                   outs that could cost up to $2 trillion.                keep more of what they earn. Through-
                                           They rejected an amendment that
                                           would have cut more than $25 billion in                 Including interest, the bill before us                 out this process, Republicans have been
                                           wasteful spending from the bill. They                   will cost $1.2 trillion.                               guided by the belief that the desire to
                                           rejected an amendment that would                          Americans are asking themselves                      ‘‘just do something’’ shouldn’t be an
                                           have turned off spending on newly cre-                  ‘‘Where does it end?’’ They want to                    excuse to waste tax dollars. That is
                                           ated programs—rather than let them                      know how we’re going to pay for all                    why we proposed a plan that was more
                                           live in perpetuity. They rejected an                    this. They are worried. And they                       focused on the problem and which
                                           amendment that would have turned off                    should be worried about a bill so big                  didn’t waste money—in short, a plan
                                           spending once the economy recovers.                     that it is equivalent to spending more                 that was timely, targeted, and tem-
                                              In the end, Senate Democrats pro-                    than $1 million a day for more than                    porary. Sadly the bill before us is none
                                           duced a bill that fell so far short that                3,000 years. This is an enormous                       of these things, despite the good intent
                                           a compromise emerged. But the com-                      amount of money.                                       of the President. Obviously, I will be
                                           promise itself wasn’t much better than                    The President was right to call for a                voting against it, and I urge my col-
                                           the original House or Senate bills.                     stimulus, but this bill misses the mark.               leagues to do the same.
                                           Much of the spending was either per-                    It is full of waste. We have no assur-                                   f
                                           manent or unfocused. And many of the                    ance it will create jobs or revive the
                                                                                                   economy. The only thing we know for                          BOY SCOUTS OF AMERICA
                                           wasteful or nonstimulative projects
                                           that raised concerns in the earlier                     sure is that it increases our debt and                   Mr. MCCONNELL. Madam President,
                                           versions remained: hundreds of mil-                     locks in bigger and bigger interest pay-               this week marks the 99th anniversary
                                           lions for Government cars and Govern-                   ments every year. In short, we are tak-                of an organization that has assisted in
                                           ment golf carts; $200 million to consoli-               ing an enormous risk with other peo-                   the moral and civic formation of mil-
                                           date the Department of Homeland Se-                     ple’s money. On behalf of taxpayers, I                 lions of American boys.
                                           curity offices in Washington; $100 mil-                 will not take that risk.                                 By training young men in the skills
                                           lion for grants to small shipyards;                       The administration is clearly worried                of self-reliance, and inculcating in
                                           nearly $1 billion to spruce up parks.                   about the risks of spending this much                  them the virtues of patriotism, vol-
                                              In every version of the stimulus we                  money. Over the weekend, the Treas-                    unteerism, and the importance of
                                           have seen, wasteful spending has at-                    ury Secretary decided to postpone an                   moral character, the Boy Scouts of
                                           tracted the most attention. But even                    announcement on the use of the re-                     America has strengthened our families,
                                           more worrisome to many is the perma-                    maining TARP money and an entity                       our communities, and our Nation be-
                                           nent expansion of Government pro-                       that would absorb toxic assets from                    yond measure.
                                           grams. One estimate puts the cost of                    troubled banks.                                          Eleven of the twelve men who have
                                           this expansion at nearly $1 trillion over                 Yesterday, the Democrat majority in                  walked on the Moon were Scouts. More
                                           the next decade.                                        the House postponed a leftover appro-                  than one-third of all West Point cadets
                                              Even the Committee for a Respon-                     priations bill from last year that would               are Scouts. Several U.S. Presidents
                                           sible Federal Budget, which counts                      bring 2009 spending to more than $1                    dating back to Teddy Roosevelt have
                                           Obama economic adviser Paul Volcker                     trillion for the first time ever. It may               been Scouts or Scout volunteers. And
                                           and former Clinton Budget Director                      seem overwhelming to do all of this at                 at least four of my Senate Republican
                                           Alice Rivlin as directors, has been                     the same time. But, in my view, we                     colleagues are Eagle Scouts.
                                           highly critical of this aspect of the bill.             need to lay all of this spending on the                  This week we recognize the valuable
                                           Last week, CRFB president Maya                          table at once, rather than trickle it out              contributions of this fine organization,
                                           MacGuineas pointed out that many of                     in an effort to hide the true costs.                   and we celebrate its traditions.
                                           the bill’s spending projects squander                     We need to be straight with the                        Looking at the challenges we face
                                           resources. But even more troubling,                     American people.                                       today, it is clear that men of character
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                                           she said, are the programs that aim to                    Last year, the national debt was                     are needed as much today as they were
                                           permanently expand Government. As                       about $10 trillion. The interest pay-                  when the Boy Scouts of America was
                                           MacGuineas put it, ‘‘extending our bor-                 ments on that debt totaled about $450                  incorporated in the U.S. in 1910. And as
                                           rowing beyond the economic downturn                     billion. At the same rate of interest,                 long as young boys put on the Scout
                                           will make our already-dismal fiscal                     the debt we’re about to take on from                   uniform, we can expect those chal-
                                           picture far, far worse.’’                               this stimulus, the bad bank legislation,               lenges to be met.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S2039
                                             RESERVATION OF LEADER TIME                            vestment legislation before us today.                  spend another dollar, much less $1 tril-
                                             The ACTING PRESIDENT pro tem-                         We must speedily resolve our dif-                      lion.
                                           pore. Under the previous order, the                     ferences with the House of Representa-                   I believe 100 of us would say we need
                                           leadership time is reserved.                            tives. And we must get this bill to the                a stimulus package. It is how we spend
                                             Mr. REID. I suggest the absence of a                  President for signature without delay.                 the money that is in disagreement.
                                           quorum.                                                   The bill before us would create or                   Right now the bill before us is one-
                                             The ACTING PRESIDENT pro tem-                         save 3 to 4 million jobs. The fate of mil-             third tax cuts and two-thirds spending.
                                           pore. The clerk will call the roll.                     lions of mothers and fathers, sisters                  Even the tax cuts are not going to help
                                             The assistant legislative clerk pro-                  and brothers, wives and husbands de-                   create jobs or keep people in their
                                           ceeded to call the roll.                                pends on what we do here today.                        homes, which should be our major
                                             Mr. BAUCUS. I ask unanimous con-                        Every generation must face its own                   focus. The tax cuts are similar to the
                                           sent that the order for the quorum call                 challenge. Responding to this economic                 ones we did last year, which every
                                           be rescinded.                                           emergency is ours. Let us not be found                 economist agrees did not work because
                                             The ACTING PRESIDENT pro tem-                         wanting.                                               we didn’t see a stimulus. We didn’t see
                                           pore. Without objection, it is so or-                     Let us pass this bill and ensure that                an increase in buying. Instead, the
                                           dered.                                                  millions more mothers and fathers will                 economy continued to go steadily
                                                            f
                                                                                                   not have to come home to tell their                    downhill. The payroll tax that is drib-
                                                                                                   families that they have lost their jobs.               bled out at $20 or $30 per paycheck is
                                                AMERICAN RECOVERY AND                                Let us pass this bill to ensure that                 not going to make people feel confident
                                               REINVESTMENT ACT OF 2009                            millions more breadwinners will not                    to spend money which, in turn, creates
                                             The ACTING PRESIDENT pro tem-                         have to come to terms with unemploy-                   the jobs.
                                           pore. Under the previous order, the                     ment.                                                    I believe we should have tax cuts
                                           Senate will resume consideration of                       And let us pass this bill and rise to                that are targeted to making people
                                           H.R. 1, which the clerk will report.                    the economic challenge of our genera-                  spend their money. We have had the
                                             The assistant legislative clerk read                  tion.                                                  converter box coupons that will go to
                                           as follows:                                               I don’t know who the manager is on                   offset the cost of the digital transition.
                                             A bill (H.R. 1) making supplemental appro-            the other side, but I assume the Sen-                  You get a coupon in the mail. You take
                                           priations for job preservation and creation,            ator from Texas has more than enough                   it into a dealer that is selling the
                                           infrastructure investment, energy efficiency            authority to speak. I suggest she seek                 boxes. It offsets the cost immediately.
                                           and science, assistance to the unemployed,              recognition and ask for whatever time                  How about a tax cut that is in the form
                                           and State and local fiscal stabilization, for           she desires.                                           of a coupon that can only be redeemed
                                           the fiscal year ending September 30, 2009, and            The ACTING PRESIDENT pro tem-                        if you spend money in certain areas,
                                           for other purposes.                                     pore. The Senator from Texas.                          such as home improvement, weather-
                                             Pending:                                                Mrs. HUTCHISON. Madam President,                     ization, where you buy things that cre-
                                            Reid (for Collins-Nelson (NE)) amendment               is there time allocated to each side?                  ate a market so we won’t see retailers
                                           No. 570), in the nature of a substitute.                  The ACTING PRESIDENT pro tem-                        or manufacturers having to lay people
                                             The ACTING PRESIDENT pro tem-                         pore. The time until noon is equally di-               off, as we have seen in the last few
                                           pore. Under the previous order, the                     vided.                                                 weeks? Why not a coupon for expendi-
                                           time until 12 p.m. will be equally di-                    Mrs. HUTCHISON. Madam President,                     tures that will ensure that the money
                                           vided and controlled between the lead-                  I rise with hope that my colleagues                    is spent for job-creating activities?
                                           ers or their designees, with the final 10               will not waive the Budget Act point of                 Why not a tax cut to employers for hir-
                                           minutes for the two leaders.                            order on this bill and to speak against                ing people? That would be direct. That
                                             The Senator from Montana.                             passage of the legislation.                            would say: If you will hire people, we
                                             Mr. BAUCUS. Madam President, in                         Sometimes one has to talk about                      will give you a tax credit. Employers
                                           each of the last 3 months, more than                    process when dealing with something                    would understand that. That is an in-
                                           half a million mothers and fathers                      as important and as large as the bill                  centive. Five hundred dollars in payroll
                                           came home to tell their families that                   before us. A fair process would have al-               taxes dribbled out will not give that
                                           they had lost their jobs.                               lowed input from both Republicans and                  confidence. We have the history of last
                                             In each of the last 3 months, more                    Democrats, and would have written the                  year to show it.
                                           than half a million breadwinners came                   bill in committee rather than trying to                  Let’s talk about the spending. I
                                           to terms with the news that they were                   write the bill on the Senate floor. I am               think we can spend wisely to create
                                           no longer gainfully employed.                           still concerned about a $1 trillion ex-                jobs. The Republicans are not against
                                             In each of the last 3 months, more                    penditure. When we have an 800-page                    spending. We just want to separate
                                           than half a million Americans suddenly                  bill, we are spending about $1 billion                 spending that is going to create jobs
                                           had to make do with much less.                          per page. Yet I don’t believe we have a                versus spending that people might like
                                             Bad as that news is, the year ahead                   consensus about the right way to be                    that might be good programs but are
                                           looks no better. Job losses have accel-                 spending $1 trillion; $1 billion per page              not going to create jobs. That is the di-
                                           erated to a rate not seen in nearly                     in this bill.                                          vision we have now.
                                           three decades. And economists warn                        The important thing we must do for                     The spending in this new amendment
                                           that other shoes are bound to drop.                     the future is to look at all of the ex-                is better than the original bill. They
                                             These are times that frighten even                    penditures we are making. It is impor-                 said they cut about $100 billion, but
                                           seasoned managers. These are cir-                       tant for us to look at the trillion dol-               when you add in the amendments al-
                                           cumstances that concern even bullish                    lars we spent on stimulation last year                 ready in the bill, it is about $50 billion.
                                           economists.                                             which did nothing to help the economy.                 And some of what they cut out was the
                                             The history of the 1920s and 1930s                    Now we have another trillion dollars                   right amount they should have cut out.
                                           teaches us that we must act. The his-                   coming down the pike to shore up fi-                   It was the right types of projects to cut
                                           tory of the Great Depression teaches us                 nancial institutions. We have $1 tril-                 out. I will give them that. I think if we
                                           the costs of delay.                                     lion in spending before us. We already                 had had a more collaborative process
                                             We must act to replace some of the                    have a $10.6 trillion debt. It is time to              from the beginning, we could cut out
                                           trillions of dollars in demand that the                 step back and say: a trillion dollars                  about $200 billion that would not be
                                           private sector lacks. We must act to                    here and a trillion dollars there, we are              creating jobs, and we could put it into
                                           support those who, through no fault of                  talking about real money. The great                    a stimulus that would.
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                                           their own, have been thrown onto the                    Everett Dirksen talked about the ‘‘real                  The kind of stimulus we should be
                                           rolls of the unemployed. We must act                    money’’ of a billion dollars, and now we               targeting is money that we are going
                                           to prevent the economy from spiraling                   are at a trillion.                                     to have to spend anyway, say, over the
                                           deeper into recession.                                    It is time to pause and say to the                   next 5 years. Let me take, for example,
                                             The road before us is clear. We must                  American people: We are going to look                  military construction. In military con-
                                           pass the economic recovery and rein-                    at what needs to be done before we                     struction, the Department of Defense



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                                           S2040                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           has a 5-year plan. We know what the 5-                    I hope our colleagues will see we are                Catholic Churches. That church runs a
                                           year plan is. In normal times, we would                 on a road that in the long term is not                 school by the Jesuits, which focuses on
                                           take 1 year at a time. The Department                   the right road for our country. I re-                  giving a Jesuit prep school education
                                           of Defense will put its highest prior-                  spect that everyone is trying to do                    practically free to poor boys, helping
                                           ities in the first year and then the sec-               what is right.                                         them to find their way. It closed not
                                           ond year will be next and then the                        I know my colleagues on the Demo-                    because of a lack of funds but because
                                           third and fourth and fifth. But if we                   cratic side are trying to do what they                 of a water break.
                                           had a stimulative package, we would                     think is right. I know the President is.                 Iggy’s, one of our most delicious
                                           take that 5-year plan, and we would                     I know the Republicans are too. We are                 pizza parlors, was flooded with water
                                           put it into 3 years so the spending                     in disagreement because we have not                    not with business because of the water
                                           would be upfront, and I have an amend-                  had the ability to fully come together                 main break.
                                           ment that will do that.                                 in a way that will allow give and take,                  Most recently, a big water main
                                             It would create jobs in America, and                  not just to have a bill that is laid be-               break occurred on River Road in Mont-
                                           it would be spending we know we are                     fore us where we are trying to amend                   gomery County. There was a dashing
                                           going to do anyway. That spending                       here, amend there, without any cohe-                   rescue by the brave people, first re-
                                           would create jobs from money we are                     sion in what we want to be the final re-               sponders, of the Montgomery County
                                           going to spend anyway. So in the last 2                                                                        rescue team, snatching people from wa-
                                                                                                   sult that would be a collaborative proc-
                                           years, we can start going back to nor-                                                                         ters that cascaded through like it was
                                                                                                   ess. But what we have done is not, and
                                           mal, if the economy has picked up and                                                                          a Maryland ‘‘Niagara Falls.’’ We have
                                                                                                   at $1 trillion I think we need to do it
                                           people are spending and we have a                                                                              the money and the will to pay for the
                                                                                                   right.
                                           lower unemployment rate. We would be                                                                           daring rescue, but we want to fix essen-
                                                                                                     Madam President, I yield the floor.
                                           able to say: Well, we have already done                                                                        tially what was a tsunami, a local tsu-
                                                                                                     The ACTING PRESIDENT pro tem-
                                           our military construction spending. We                                                                         nami in Montgomery County. Every
                                                                                                   pore. The Senator from Montana.
                                           do not need to spend that money in                                                                             time we do this, you have to have jobs
                                                                                                     Mr. BAUCUS. Madam President, I
                                           those last 2 years and we can start try-                                                                       for the people who will actually build
                                                                                                   yield 5 minutes to the Senator from
                                           ing to come toward a balanced budget                                                                           the water and sewer programs.
                                                                                                   Maryland.                                                I could take you on a tour through-
                                           again.                                                    The ACTING PRESIDENT pro tem-
                                             We have to start whittling down that                                                                         out Maryland. But what we are doing is
                                                                                                   pore. The Senator from Maryland.                       creating jobs, improving the environ-
                                           $10.6 trillion debt. But, instead, we are                 Ms. MIKULSKI. Madam President, is
                                           going in the opposite direction, adding                                                                        ment and public safety and public
                                                                                                   there a time limit on the speaking                     health. I could go item after item on
                                           to that $10.6 trillion debt already on                  time at this time?
                                           the books.                                                                                                     these spending issues. Education would
                                                                                                     The ACTING PRESIDENT pro tem-                        be one of the others which is very im-
                                             So I think there are some things we
                                                                                                   pore. The Senator has been yielded 5                   portant.
                                           could agree to do. But this bill has not
                                                                                                   minutes.                                                 The American Recovery and Rein-
                                           gone through the processes that would
                                                                                                     Ms. MIKULSKI. Madam President,                       vestment Act creates jobs by investing
                                           allow that input. My amendment has
                                                                                                   thank you very much. Then I will get                   in our infrastructure. It fixes aging
                                           been pending since last week. It has
                                                                                                   right to it. I have a lot to say in sup-               physical infrastructure, like roads,
                                           been filed. But no action has been
                                                                                                   port of this bill.                                     bridges, and water systems.
                                           taken on it because we are not allowed
                                                                                                     Let me start off by saying we have                     Water mains are aging. Roadways are
                                           to have the action, and we did not have
                                                                                                   inherited a terrible mess, but the Sen-                turning into rivers. Small businesses
                                           the action in committee that would
                                                                                                   ate is taking a major step forward to                  have to shut their doors. Hospitals
                                           have allowed amendments.
                                             I believe we could have made some                     turn the country around by passing the                 can’t take care of the sick.
                                                                                                   American Recovery and Reinvestment                       A recent water main break in Balti-
                                           headway on military construction. The
                                                                                                   Act.                                                   more closed St. Ignatius, a school that
                                           same for highways. I agree with the
                                                                                                     By standing with President Obama,                    provides a Jesuit education for poor
                                           highway spending in the bill. I think
                                                                                                   we stand for America, to create jobs for               kids. It closed Iggy’s pizza parlor, a
                                           we should have more in that direction
                                                                                                   people who have lost them and to help                  local Baltimore landmark. It was shut
                                           because it is money we are going to
                                                                                                   those who have jobs keep them.                         down after the water main break. The
                                           have to spend eventually; move it up to
                                                                                                     This bill is about jobs, jobs, jobs.                 owner is not sure when he can reopen
                                           the front. They are American jobs.
                                                                                                   Through the rough and tumble of the                    his doors.
                                           That meets the test.                                                                                             The stimulus provides $123 million
                                             I am very concerned that some of the                  legislative process, I do believe the
                                                                                                   Senate has found a sensible center. I                  for Maryland water and sewer projects.
                                           spending in this bill—in the hundreds                                                                          The formula funding to the States is to
                                           of millions and billions of dollars—is                  compliment all of both sides of the
                                                                                                   aisle who chose to work with each                      make low-interest loans to localities
                                           the kind of spending that is going to                                                                          and utilities. This means local govern-
                                           increase. It is going to increase pay-                  other to accomplish this.
                                                                                                     This bill balances spending on the                   ments won’t have to raise rates or cut
                                           ments the people are then going to                                                                             services.
                                           come to expect, and we are not going                    public investments and targeted tax
                                                                                                   credits that create jobs without exacer-                 But not all jobs require a shovel to be
                                           to be able to come back to normaliza-                                                                          ready to go. Some need microscopes
                                           tion, even when we have normalization,                  bating the Federal deficit.
                                                                                                     There is much to commend us about                    and telescopes. High-tech jobs like
                                           and we are going to keep adding to this                                                                        maritime charting help keep Mary-
                                           debt.                                                   the spending bill. The focus on physical
                                                                                                                                                          land’s economy afloat.
                                             I hope my colleagues will pause and                   infrastructure is absolutely crucial to                  There is $80 million to update nau-
                                           realize that for $1 trillion, we ought to               my own State of Maryland. If one                       tical charts. There is a backlog of
                                           do better for the future generations of                 takes something that is not very jazzy                 20,000 square miles. Some nautical
                                           our country because if our foreign in-                  to talk about, such as sewers and water                charts for the bay have not been up-
                                           vestors in U.S. start beginning to think                grants, I can only bring to the Senate’s               dated in decades. The channels have
                                           it is a risk to invest in the United                    attention that this stimulus would                     changed naturally. So have the boats
                                           States because we have no means to                      bring $123 million to Maryland for                     that go down the channels. Ships are
                                           pay them back, two things can happen,                   these projects. But if Governor                        bigger and weigh more.
                                           and both of them are bad. One is they                   O’Malley were here, he would say:                        We need accurate charts to make
                                           stop buying the debt. Then what are we                  Thank God. If the people of Mont-                      sure boats don’t run aground, halting
                                           going to do? The second is, they buy                    gomery County, Prince Georges Coun-                    the flow of goods in Baltimore Harbor.
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                                           the debt but at what rate? They start                   ty, and Baltimore city were here, they                 It could cause an environmental mess
                                           raising the interest rates because the                  would say: Cheers.                                     and costly clean-up. Maryland can’t af-
                                           risk is greater. That will increase the                   Over the weekend, we had a terrible                  ford a maritime accident.
                                           economic woes we are now experi-                        water main break in Maryland, in Bal-                    It makes major investments in edu-
                                           encing. Neither of those scenarios is a                 timore. It went through Madison                        cation so families and local school dis-
                                           good one.                                               Street, near one of our most famous                    tricts can help special needs children.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                   S2041
                                              By giving money to the Governor to                   to buy a car; and that means for the                   vestment and employment. The extended
                                           fill budget gaps in State aid, Prince                   people who sell the car, for the auto                  loss ‘‘carrybacks’’ are primarily lump-sum
                                           George’s County won’t have to consoli-                  mechanic who fixes it, for the manu-                   payments to selected companies. The bonus
                                                                                                                                                          depreciation plan would do little to raise
                                           date 12 schools, increase class size, or                facturer who makes it, and, most of all,
                                                                                                                                                          capital spending in the current environment
                                           cut 900 positions in central administra-                for the consumers. They get a chance                   of weak demand because the tax benefits in
                                           tion.                                                   to buy a car that will be far more fuel                the early years would be recaptured later.
                                              By providing funding for Early Head                  efficient and also lower carbon. Now,                    Instead, the tax changes should focus on
                                           Start, officials in Baltimore City can                  that is what both sides of the aisle                   providing incentives to households and busi-
                                           start serving the 95 percent—7,600—of                   have talked about.                                     nesses to increase current spending. Why not
                                           low-income infants who are eligible but                   My amendment makes interest pay-                     a temporary refundable tax credit to house-
                                           do not receive nutritional, health, and                 ments on car loans and State sales/ex-                 holds that purchase cars or other major con-
                                                                                                   cise car tax deductible for new cars                   sumer durables, analogous to the investment
                                           education services due to a lack of                                                                            tax credit for businesses? Or a temporary tax
                                           funding.                                                purchased from November 12, 2008 to
                                                                                                                                                          credit for home improvements? In that way,
                                              By providing a surge in title I dol-                 December 31, 2009.                                     the same total tax reduction could produce
                                           lars, Carroll County won’t have to cut                    How does this amendment help our                     much more spending and employment.
                                           33 teaching positions that otherwise                    economy? It saves jobs. If the domestic
                                                                                                                                                            The ACTING PRESIDENT pro tem-
                                           would be slashed because of tight budg-                 auto industry goes bankrupt, the U.S.
                                                                                                                                                          pore. The Senator has used 5 minutes.
                                           ets.                                                    would lose 3 million jobs, in manufac-
                                                                                                                                                            Ms. MIKULSKI. My time has expired.
                                              It provides a social safety net that                 turing, repairs and service, car dealer-
                                                                                                                                                          Madam President, I ask for 2 minutes
                                           helps distressed families. It helps with                ships, and science and engineering. It
                                                                                                                                                          to conclude.
                                           food stamps and nutrition for seniors.                  helps consumers. A family would save
                                                                                                                                                            All I say is this: I thank the Chair for
                                           It supports Meals on Wheels so seniors                  about $1,553 on a $25,000 car, such as a
                                                                                                                                                          allowing me to offer the amendment.
                                           stay in their communities and age in                    Dodge minivan. Cars are most families’
                                                                                                                                                          But if you want a car at your house,
                                           place. Last year, Meals on Wheels of                    biggest purchases after their homes. It
                                                                                                                                                          call the White House or call the House
                                           Maryland delivered 780,000 meals to al-                 supports States and local governments.
                                                                                                                                                          of Representatives. The problem now is
                                           most 3,000 seniors.                                     States rely on car excise taxes for their
                                                                                                                                                          not the idea but it is the politics. Let’s
                                              Putting food in people’s mouths,                     infrastructure projects. More car sales
                                                                                                                                                          get the White House on our side. Let’s
                                           about 317,000 Marylanders rely on food                  means more revenue for struggling
                                                                                                                                                          get the House of Representatives on
                                           stamps each month.                                      State and local governments.
                                                                                                     It is urgently needed. To reach via-                 this side. Flood not the streets but
                                              It expands Medicaid so States can                                                                           flood them with the phone calls. Call
                                           continue to cover those already on                      bility, the Big Three need U.S. new car
                                                                                                   sales to be at 13 million a year at a                  these numbers. Let’s get America roll-
                                           Medicaid and expand the program to                                                                             ing again.
                                           cover new individuals. About 854,000                    minimum. Sales in December were
                                                                                                   more than 20 percent below that min-                     Madam President, I yield the floor.
                                           children and adults rely on Medicaid in                                                                          The ACTING PRESIDENT pro tem-
                                           Maryland. For families of three who                     imum—10.3 million a year. This is the
                                                                                                   only proposal that will stimulate de-                  pore. The Senator from Montana.
                                           make about $52,000 this means elderly                                                                            Mr. BAUCUS. Madam President, I
                                           won’t get dropped from nursing homes                    mand up the supply chain so that the
                                                                                                                                                          yield 10 minutes to the Senator from
                                           and children will have health care.                     Big Three’s restructuring plans will
                                                                                                                                                          New York.
                                              It invests in the techno infrastruc-                 work.
                                                                                                     Who would qualify for this tax deduc-                  The ACTING PRESIDENT pro tem-
                                           ture, like broadband to expand small                                                                           pore. The Senator from New York.
                                                                                                   tion? Families who make less than
                                           businesses. Rural Maryland will be able                                                                          Mr. SCHUMER. Thank you, Madam
                                                                                                   $250,000; $125,000 for individuals. The de-
                                           to sell agricultural products or crafts                                                                        President.
                                                                                                   duction is ‘‘above-the-line’’—meaning
                                           and antiques on e-Bay, running e-based                                                                           I thank my colleague from Maryland,
                                                                                                   it can be taken advantage of by
                                           businesses out of their homes. Or if                                                                           who is doing a great job on the car
                                                                                                   itemizers and nonitemizers. It only ap-
                                           they lose a job, they can look for a new                                                                       amendment, and my colleague from
                                                                                                   plies on cars that are less than $49,500.
                                           job online. And telecommuting is an                       I have a statement from someone                      Montana, the chair, who has led us ex-
                                           option, so they may not have to move                    whom I never thought I would be in                     tremely well on this legislation.
                                           to a city to be near a good job.                        alignment with, the economist Martin                     We are trying to deal with an eco-
                                              And it has targeted tax breaks to                    Feldstein. He is on the conservative                   nomic crisis that grows worse day by
                                           help families and small businesses, like                side, and everybody knows you kind of                  day, similar to an economic 9/11 that
                                           expanding the child tax credit, helping                 cover me blue. He says what we should                  ought to be bringing us together. The
                                           at least 100,000 poor children in Mary-                 focus on is providing incentives to                    economy is hurtling southward. People
                                           land. It eases the ability to qualify for               households and businesses to increase                  are laid off every second and every
                                           the refundable child tax credit, and                    current spending. Why not a tax credit                 minute. You get on the phone and talk
                                           provides up to an additional $2,000 for a               to households to purchase cars or other                to someone you know—I spoke to a
                                           family with two children making less                    consumer durables?                                     friend of mine. Her sister had been laid
                                           than $30,000.                                             I will quote from his article, dated                 off. I went to a local Italian restaurant.
                                              Last week we learned that 598,000                    Thursday, January 29, 2009, in the                     The waiter’s wife had been laid off. The
                                           people lost their jobs in January. This                 Washington Post:                                       woman who cuts my hair, her husband
                                           bill is a victory for America. This bill                  As a conservative economist, I might be              has been laid off.
                                           stimulates the economy today and lays                   expected to oppose a stimulus plan. In fact,             We are hemorrhaging jobs. The mid-
                                           the groundwork for a stronger econ-                     on this page in October, I declared my sup-            dle class is losing dollars. The country
                                           omy tomorrow.                                           port for a stimulus. But the fiscal package            could edge over into a recessionary spi-
                                              In addition to what was done the                     now before Congress needs to be thoroughly             ral downward that actually turns into
                                           other night and what will pass in this                  revised. In its current form, it does too little       deflation, which could, God forbid, turn
                                           stimulus—and I intend to vote for this                  to raise national spending and employment.             into a depression. Yet while President
                                                                                                   It would be better for the Senate to delay
                                           stimulus—I am so heartened my auto-                                                                            Obama shows leadership, the other side
                                                                                                   legislation for a month, or even two, if that’s
                                           mobile amendment is included in this                    what it takes to produce a much better bill.           is still adamantly sticking to policies
                                           bill. It makes interest payments on car                 We cannot afford an $800 billion mistake.              that do not work. They are arguing for
                                           loans and State sales or excise car tax                   Start with the tax side. The plan is to give         marginal rate cuts and choosing to ig-
                                           deductible for new cars that would be                   a tax cut of $500 a year for two years to each         nore that the very purpose of a stim-
                                           purchased this year.                                    employed person. That’s not a good way to              ulus package is to spend money, to
                                                                                                   increase consumer spending. Experience
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                                              What does it do? It actually gets peo-                                                                      help fill the void left by a dramatic re-
                                           ple in the showroom. It does what Sen-                  shows that the money from such temporary,
                                                                                                                                                          duction in consumer and business
                                                                                                   lump-sum tax cuts is largely saved or used to
                                           ator HUTCHISON talked about. I got 71                   pay down debt. Only about 15 percent of last           spending.
                                           votes: 41 Democrats and 30 Repub-                       year’s tax rebates led to additional spending.           This package certainly does not have
                                           licans. What does it do? It saves jobs                    The proposed business tax cuts are also              everything I want or any single Mem-
                                           because it gets people in the showroom                  likely to do little to increase business in-           ber wants. But for the sake of this



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                                           S2042                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           country, we all must give and come to-                    Here is the sad fact. The sad fact is                it for the good of the country, even
                                           gether and get it passed—not only                       this: Unless the bill is all tax cuts                  though each of us would have written
                                           passing on the floor today but getting                  mostly for the wealthy and has vir-                    it differently. Now we must move for-
                                           this passed in conference quickly be-                   tually no spending, a large number on                  ward. I urge my colleagues on the
                                           cause every day we wait more are laid                   the other side will never vote for it.                 other side of the aisle to reconsider, to
                                           off.                                                    Never. So all the talk of bipartisanship               acknowledge that we have been very
                                              In my judgment, this package should                  is that: mere talk. We are walking the                 bipartisan, to acknowledge that our
                                           be more heavily tilted toward spend-                    walk. We are adding Republican                         country has a crisis, to acknowledge
                                           ing, jobs, putting money in the pocket                  amendments. We are giving people a                     that they actually lost the election and
                                           of the middle class. This is a position                 chance to offer amendments. We are                     can’t write the whole bill, even though
                                           supported by the vast majority of                       not so-called ‘‘filling the tree’’ and                 they will have some suggestions; and I
                                           mainstream economists.                                  blocking debate. We have to scrounge,                  urge that we all come together the way
                                              The President and Senate Democrats                   beg, and plead, for three votes. Again,                we did after 9/11 when there was an-
                                           have bent over backward to accommo-                     I salute those three who did it. They                  other crisis and move this country for-
                                           date views we do not feel accurately                    made changes in the package that I                     ward.
                                           portray what needs to be done. People                   didn’t want. I would rather see more                     I yield my remaining time to my
                                           are criticizing President Obama for                     money in education. I would rather see                 friend from Montana and yield the
                                           being partisan last night. But let me                   ours similar to the House bill, which                  floor.
                                           tell you, he and we have reached out                    has 34 percent tax cuts and 66 percent                   Mr. FEINGOLD. Madam President, I
                                           and done our best to bring Republicans                  creating jobs and helping people keep                  am deeply troubled by the enormous
                                           along. But as the President said last                   jobs, but again we went from 34 percent                debt this legislation is creating for fu-
                                           night, drawing the line at continuing                   tax cuts to 44 percent.                                ture generations. Under almost any
                                           the very policies that got us into this                   I wish to make one other point before                other circumstance I would vote
                                           position in the first place is the proper               I conclude. Many on the other side                     against this bill for that very reason.
                                           place to draw that line. To pass a bill                 point to one little provision or another.              But our economy is in desperate shape,
                                           with 80 votes that would do nothing to                  They say, Well, there is money for                     and we are facing the worst economic
                                           help the average person would be a far                  STD; there is money for the Mall. Well,                crisis since World War II.
                                           greater failure than passing a bill with                we took those out, but make no mis-                      Since the recession began a little
                                           61 votes that starts our economy mov-                   take about it, if we took them out,                    over a year ago, 3.6 million jobs have
                                           ing again.                                              they still weren’t going to vote for the               been lost, with nearly half of those
                                              There are three criteria for this bill,              bill. They were excuses. Let me say                    coming just in the last 3 months. The
                                           simply put: jobs, tax cuts for the mid-                 this to all of the chattering class that               unemployment rate is 7.6 percent and
                                           dle class, and rebuilding our infrastruc-               so much focuses on those little tiny,                  rising, and the number of unemployed
                                           ture. Let me repeat that: jobs, tax cuts                yes, porky amendments. The American                    is approaching 5 million.
                                           for the middle class, and rebuilding our                people don’t care. The American people                   The deeply flawed financial regu-
                                           infrastructure. Most every provision in                 care far more that there is a proposal                 latory policies of the last two decades
                                           this bill does one of those three things                in the bill—this one I pushed—that                     paved the way for this economic col-
                                           now. Lots of little porky things have                   gives a $2,500 credit to families who pay              lapse, and the budget policies of the
                                           been taken out.                                         tuition to put their kids through col-                 last 8 years have left us ill-equipped to
                                              So while some of our colleagues on                   lege. Great relief. They care far more                 address it without running up hundreds
                                           the other side of the aisle want to cure                about that than about some small pro-                  of billions in debt.
                                           the Bush recession with the Bush eco-                   vision in the bill that shouldn’t be                     There are no good options, but doing
                                           nomic plan, the President was right to                  there, because the tax relief from tui-                nothing is simply unacceptable.
                                           say no. As for bipartisanship, we have                  tion costs they are going to get means                   The bill on which we will vote today
                                           been trying; Lord, we have been trying.                 far more to them. They care more                       is far from perfect. On that there is
                                           The two largest amendments added to                     about a provision that keeps the teach-                nearly unanimous agreement. The
                                           this bill—a total of $106 billion of the                ers in their schools. They care far more               question before us, then, is whether to
                                           $840 billion in the bill—were added by                  about the provisions that will build                   vote against this bill and hope we can
                                           Republicans. This isn’t just allowing                   roads and bridges and employ people in                 produce legislation that will be more
                                           people to debate; this isn’t just saying                their communities. So to all of us, par-               effective, or to support this bill and
                                           we will listen to you and not do what                   ticularly on my side, let’s not fall for               begin to do something, however imper-
                                           you want. Again, let me repeat: The                     the bait. Let’s not make this a bill that              fect, to stop the economy from plung-
                                           two biggest amendments added to the                     is mostly things such as refurbishing                  ing further.
                                           recovery package were Republican                        the Mall or sexually transmitted dis-                    Given the current makeup of the
                                           amendments, Senator ISAKSON’s at $36                    eases which should be out of the bill. It              Senate, it is extremely unlikely that
                                           billion and Senator GRASSLEY’s at $70                   is a bill about jobs. It is a bill about               the Senate will produce a better bill.
                                           billion, and they didn’t vote for the                   tax cuts to the middle class. It is a bill             We could work on it for another couple
                                           bill. What do you want out of us? This                  about infrastructure. The American                     of weeks, but the changes would be
                                           is not a small little bauble of $10 mil-                people know that. They know they are                   small. It is far more important that we
                                           lion in tax cuts or in spending. This is                hurting. They know we have reached                     act to prime the economic pump, and
                                           close to one-eighth of the entire bill,                 out, and they know we have to act.                     that we do so soon. And for that rea-
                                           and it doesn’t bring us a single vote.                    So we will not be diverted. We will do               son, I will support this far from perfect
                                           How can you say we are not being bi-                    our best to bring more Republicans                     measure, and hope that it will be im-
                                           partisan when we have allowed major                     over to our side, and I hope that hap-                 proved in conference.
                                           changes to be made to this bill, despite                pens this week. We will be open to new                   But this bill should not set a new
                                           the President’s wishes?                                 suggestions just as we were to $106 bil-               precedent for budget policies. Once we
                                              What has happened here is very sim-                  lion in suggestions that were added to                 stop the economic plunge, we abso-
                                           ple. Our Republican colleagues want                     the bill. But we will not sacrifice the                lutely must return to a sustainable
                                           the right to add amendments but never                   focus of this bill: jobs, tax cuts for the             budget policy, one that will reduce the
                                           will vote for the bill, except for three                middle class, and infrastructure for                   mountain of debt we have left to our
                                           courageous Senators—two from Maine,                     anything, because America demands                      children and grandchildren.
                                           one from Pennsylvania. What more can                    that we get ourselves out of this mess.                  Mr. AKAKA. Madam President, I sup-
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                                           we do? There were 472 amendments                          I salute our President. He put to-                   port the Economic Recovery and Rein-
                                           filed, 48 considered, 27 offered by Re-                 gether a great package. My colleagues                  vestment Act.
                                           publicans, a good bunch of those ac-                    in the House improved on it. We in the                   This legislation will create jobs by
                                           cepted. Many of us voted for them.                      Senate reluctantly had to pull back on                 encouraging innovation for the devel-
                                           What more bipartisanship do you                         certain portions of the House bill to                  opment of clean energy and strength-
                                           want?                                                   get the 60 votes necessary, and we did                 ening our Nation’s infrastructure. This



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S2043
                                           vital bill will assist States so that they              based outpatient clinics, among other                  shaping up as even bleaker news for
                                           can continue to provide vital services.                 purposes.                                              America’s working families, and also
                                           States need help in meeting the social                    The legislation also includes $50 mil-               for America’s now out-of-work fami-
                                           service and health care needs of their                  lion to improve benefits for veterans.                 lies.
                                           communities. As economic activity has                     I am pleased with the almost $65 mil-                  Of course, Vermont is not alone in
                                           declined, State revenues have also de-                  lion intended for VA’s National Ceme-                  this struggle. Workers, businesses, and
                                           creased. Supporting States so that                      tery Administration. Of this amount,                   State and local governments all across
                                           they can continue to provide health                     $60 million will be used to provide                    the country face mounting debt,
                                           care coverage and essential social serv-                much needed cemetery infrastructure                    slumping orders, and sagging budgets.
                                           ices will help our constituents in this                 support and repair and investment in                     To respond to this extraordinary cri-
                                           great time of need. States must be                      VA’s National Shrine initiative. I be-                 sis, I agree with President Obama and
                                           good stewards of these resources and                    lieve the funding will go a long way to-               a vast majority of Americans that we
                                           utilize them for their intended pur-                    ward meeting our obligation to provide                 must act quickly and responsibly to
                                           poses. This recovery bill will also pro-                final resting places for veterans and                  pass an economic recovery and job cre-
                                           vide relief to workers and families                     honor their service on our behalf.                     ation plan as bold as the challenges we
                                           hardest hit by the economic recession.                    As helpful as this infusion of funding               face. By acting now to strengthen our
                                             I am proud to support provisions in                   will be, I remind all of my colleagues                 economy and invest in America’s fu-
                                           the Economic Recovery and Reinvest-                     that this only addresses existing,                     ture, we can create good-paying jobs,
                                           ment Act which will bring financial re-                 unmet needs. When it is time to begin                  cut taxes for working families, and
                                           lief to our Nation’s struggling public                  work on the new budget, we cannot                      make responsible investments in our
                                           schools, colleges and universities. Our                 subtract any money from the VA ap-                     future.
                                           Nation’s future depends upon our abil-                  propriation, as all of those funds will                  Our No. 1 priority should be to put
                                           ity to provide our keiki with the edu-                  be needed to meet the new fiscal year’s                America back to work. This economic
                                           cational opportunities they need today                  costs.                                                 recovery plan we are debating today
                                           so they can compete in tomorrow’s                         I am pleased that Veterans’ Affairs                  will help create or save million of jobs,
                                           global economy. The Senate bill in-                     Committee staff was able to work with                  including an entire generation of green
                                           cludes $39 billion in much needed fund-                 the Finance Committee to ensure that                   jobs that will make public and private
                                           ing to assist our local school districts                certain VA beneficiaries receive eco-                  investments in renewable energy and
                                           as well as public colleges and univer-                  nomic recovery payments. I appreciate                  make America more energy efficient.
                                           sities. It also includes funding for                    the willingness of the Finance Com-                      Investing in our country’s infrastruc-
                                           teacher quality partnership grants to                   mittee to make certain that VA bene-                   ture and education will do more than
                                           improve the quality of new teachers                     ficiaries, who might not otherwise re-                 create jobs today—it also will put the
                                           and encourage individuals to enter the                  ceive a payment, get one in this time                  country back on a long-term path to-
                                           teaching field. In addition, the Senate-                of economic uncertainty.                               ward prosperity. Rebuilding our roads
                                           passed version also provides $12.4 bil-                   I also commend my colleague, Sen-                    and bridges; expanding broadband ac-
                                           lion in title I grants to Local Edu-                    ator INOUYE, for his ongoing advocacy                  cess to rural communities; making our
                                           cation Agencies to help our Nation’s                    on behalf of the Filipino veterans of                  energy grid smart and more efficient;
                                           most disadvantaged students. The Sen-                   World War II. This legislation contains                constructing     state-of-the-art    class-
                                           ate bill also helps students and their                  an authorization for a lump sum pay-                   rooms, labs and libraries; and investing
                                           families achieve the dream of a higher                  ment for funds that were appropriated                  in job training that Americans will
                                           education by increasing the Pell Grant                  last session for these veterans.                       need to succeed in the 21st century
                                           maximum award by $281 for award year                      I look forward to swift enactment of                 economy will give us tangible assets
                                           2009–2010 and then by $400 for 2010–2011.               this essential legislation intended to                 that we can use for years to come to
                                             I am pleased that the legislation in-                 help working families, create jobs, im-                foster additional economic growth.
                                           cludes significant funding that will                    prove infrastructure, and assist vet-                    But it has been interesting over the
                                           benefit the Department of Veterans Af-                  erans.                                                 past week to listen to the impassioned
                                           fairs and the veterans it serves. I have                  Mr. LEAHY. Madam President, for                      speeches of some members of the mi-
                                           been working, along with other mem-                     the past week, the Senate has been de-                 nority party in relation to this eco-
                                           bers of the Veterans’ Affairs Com-                      bating an economic recovery plan in-                   nomic recovery bill. Despite all of the
                                           mittee, to advocate for the needs of                    troduced by Senators INOUYE and BAU-                   pain being felt in America today, it is
                                           veterans in the context of this recovery                CUS. I support this plan because the                   as if their tax-cutting policies, in effect
                                           and reinvestment bill. I am very grate-                 American people and their commu-                       for the past 8 years, were a resounding
                                           ful to the chairman of the Appropria-                   nities need it to create jobs, help sta-               success and built a strong economy,
                                           tions Committee, Hawaii’s senior Sen-                   bilize the economy, and protect those                  rather than left the American people
                                           ator, Mr. INOUYE, for hearing our mes-                  who have been most hurt by the cur-                    with a trillion-dollar deficit and the
                                           sage and providing tangible results.                    rent global economic and financial cri-                highest unemployment rates in recent
                                             The money in this package that is                     ses.                                                   history. It is as if they have somehow
                                           appropriated for VA will help advance                     We are confronting the most severe                   convinced themselves that we should
                                           a number of projects that have been                     economic problems this country has                     go right on supporting the Bush admin-
                                           languishing for too long. For example,                  experienced in generations. The U.S.                   istration’s policies that the voters
                                           VA has a $10 billion backlog in major                   economy has been in recession since                    soundly rejected last November.
                                           health care facilities construction.                    December 2007. America’s GDP declined                    For instance, I have heard criticism
                                           This stimulus package includes $3.7 bil-                3.8 percent in the fourth quarter of                   about the increased Federal funding for
                                           lion for health care and services, the                  2008, the steepest drop since 1982. The                State and local law enforcement in this
                                           vast majority of it for facility con-                   United States lost 2.6 million jobs last               bill. Some have called this a ‘‘pet
                                           struction.                                              year, the most since 1945. And last                    project’’ which will do little to stimu-
                                             Included in that sum is $1.1 billion                  week we learned that the U.S. economy                  late the economy. Nothing could be
                                           for major facility construction that                    shed 598,000 jobs in January, putting                  further from the truth. Tough eco-
                                           can be used to build new hospitals for                  the unemployment rate at 7.6 percent.                  nomic times create conditions that can
                                           veterans who have insufficient access                     In my home State of Vermont, not                     too easily lead to a spike in crime. Just
                                           to health care, or have lost use of their               only has the amount of credit available                2 weeks ago, USA Today reported a
                                           hospital due to damage or disrepair.                    to small businesses shrunk signifi-                    study by the Police Executive Research
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                                           Another $1.37 billion is targeted on cru-               cantly, but our unemployment rate                      Forum finding that nearly half of the
                                           cial nonrecurring maintenance to fa-                    jumped to 6.4 percent in December—the                  233 police agencies surveyed had seen
                                           cilities that need upgrades or repairs.                 highest measurement in more than 15                    significant increases in crime since the
                                           There is also nearly $940 million appro-                years. With many more firms announc-                   economic crisis began. Maintaining ef-
                                           priated for minor construction, which                   ing layoffs in January and so far in                   fective State and local law enforce-
                                           will be used to build new community                     February, the economic numbers are                     ment during a time of budget cutting



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                                           S2044                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           at the State and local levels is key to                 of the spending in this bill—the very                  icy’’ will be counterproductive to the
                                           our efforts to combat the scourge of                    concern that critics of the bill keep                  goals of universal adoption of health IT
                                           drugs and crime.                                        harping on. The economic crisis has re-                because it will mire the health care
                                             The funding the Senate has included                   vealed an epidemic of fraud related to                 system in new bureaucratic red tape.
                                           in the recovery package for State and                   the mortgage fraud crisis and the re-                    Another example of the stimulus’s
                                           local law enforcement will not only                     sulting corporate collapses. The FBI                   social policies is its inclusion of $1.1
                                           help to address vital crime prevention                  and other Federal agencies will soon be                billion for research on medical treat-
                                           needs, but will also have an immediate                  overwhelmed with new cases. In the                     ment comparative effectiveness. This
                                           and positive impact on the economy, as                  past year, the FBI has received more                   is to be used to ‘‘accelerate the devel-
                                           police chiefs and experts from across                   than 60,000 Suspicious Activity Reports                opment and dissemination of research
                                           the country told the Senate Judiciary                   from banks, a number which has dou-                    assessing the comparative clinical ef-
                                           Committee in our first hearing of the                   bled in 3 years, but currently there are               fectiveness of health care treatments
                                           year, which I chaired last month. Hir-                  fewer than 200 agents assigned to inves-               and strategies, including through ef-
                                           ing new police officers will stimulate                  tigate these criminal allegations. The                 forts that: (1) conduct, support, or syn-
                                           the economy as fast as, or faster than,                 significant funding included in the                    thesize research that compares the
                                           other spending. For construction jobs,                  Senate recovery and reinvestment bill                  clinical outcomes, effectiveness, and
                                           only 30 to 40 percent of the funds go to                would help the FBI hold accountable                    appropriateness of items, services, and
                                           salaries, but in police hiring, nearly 100              those responsible for contributing to                  procedures that are used to prevent, di-
                                           percent of the money goes to creating                   our economic crisis.                                   agnose, or treat diseases, disorders, and
                                           jobs.                                                     Nobody thinks this bill is perfect.                  other health conditions and (2) encour-
                                             We also need to remember that crime                   Like most bills, there are things in it                age the development and use of clinical
                                           and drugs are not just big city issues. I               that I like and other things that I dis-               registries, clinical data networks, and
                                           held Judiciary Committee hearings in                    agree with. We are part of a global eco-               other forms of electronic health data
                                           Rutland and St. Albans, VT, last year                   nomic recession involving forces that                  that can be used to generate or obtain
                                           to seek solutions to the growing prob-                  extend far beyond our borders, and no-                 outcomes data.’’
                                           lem of drug crime in rural areas. Rural                 body thinks this bill will eliminate un-                 Included in this $1.1 billion spending
                                           areas, which lack the crime prevention                  employment completely or solve all                     is a $400 million ‘‘slush fund’’ given to
                                           and law enforcement resources often                     our fiscal problems. It took years to                  the Secretary of Health and Human
                                           available in larger communities, have                   get us into this mess, and it will take                Services, HHS, that could be construed
                                           in many cases been hit particularly                     years to get us out. There is no quick                 to allow the Secretary to use however
                                           hard by the economic crisis. The Sen-                   fix—not this bill, not any bill.                       he or she wishes. Let me be clear, none
                                           ate bill’s inclusion of such assistance is                But America is hurting, and Ameri-                   of the comparative effectiveness re-
                                           important and should remain.                            cans urgently need our help. They want                 search funding under the stimulus may
                                             I am also pleased that the Senate has                 action and solutions. I strongly sup-                  be used for anything but research on
                                           chosen to include in its recovery pack-                 port this economic recovery package                    comparative clinical effectiveness.
                                           age funding for programs protecting                     because I believe it would provide a di-                 While I recognize and appreciate that
                                           women who are victims of violence                       rect infusion of emergency aid to cre-                 the comparative effectiveness provi-
                                           through the Violence Against Women                      ate new jobs, help save existing jobs,                 sions of this bill only permit compara-
                                           Act, as well as for victims of crime—                   make significant infrastructure invest-                tive clinical effectiveness, I am con-
                                           addressing those who are most vulner-                   ments, provide relief for massive State                cerned that this lays the groundwork
                                           able to the likely increases in crime in                budget deficits, and relieve the tax bur-              for comparative cost effectiveness with
                                           a down economy. Law enforcement of-                     den on struggling families. We have                    bills that the Obama administration
                                           ficials and victims’ advocates have                     had a long, tough debate here in the                   will push and Congress will consider in
                                           made clear to the Judiciary Committee                   Senate, but America deserves nothing                   the future. Why else would they be
                                           that in the current economic crisis                     less than our best effort.                             pushing to spend $1.1 billion on com-
                                           there are more victims than ever in                       Mr. COBURN. Madam President, this                    parative clinical effectiveness, if the
                                           need of more help than before, but                      economic stimulus bill contains $87.7                  intention was not to one day tie the
                                           funding sources for victim services are                 billion to bail out State Medicaid pro-                answers from that research to cost and
                                           scarce. Those already victimized by                     grams and more than $21 billion to                     coverage decisions?
                                           crime should not also be victims of our                 have the Government control the adop-                    To quote one of President Obama’s
                                           struggling economy.                                     tion rate of health information tech-                  top White House health advisers,
                                             I have also long held the view that                   nology (health IT) through Medicare                    Jeanne Lambrew, ‘‘There is a bipar-
                                           American innovation can and should                      and Medicaid.                                          tisan—I should be careful about the bi-
                                           play a vital role in revitalizing our                     We are in the middle of an economic                  partisan, working the bipartisanship in
                                           economy and in improving our Nation’s                   crisis today. Yet the health IT spend-                 the Senate. The House isn’t quite as bi-
                                           health care system. I commend the                       ing through Medicare and Medicaid                      partisan as we would like but there has
                                           lead sponsors of the economic recovery                  will not start until 2011. Interestingly               been support for investing about $1.1
                                           legislation for making sure that this                   enough, the Congressional Budget Of-                   billion in this economic recovery act
                                           bill includes an investment in health                   fice, CBO, has stated it ‘‘anticipates                 for over two years for ARC and partly
                                           information technology that takes                       near-universal adoption of health IT                   for NIH and partly for under agency ac-
                                           meaningful steps to protect the privacy                 over the next quarter century even                     tivities to begin to try to say how do
                                           of American consumers. The privacy                      without legislative action. As a result,               we get at the relative costs, excuse me,
                                           protections     for   electronic   health               the 0.3 percent reduction in health care               the relative effectiveness of the dif-
                                           records in the economic recovery pack-                  costs estimated to result in the near                  ferent services.’’ That statement could
                                           age are essential to a successful na-                   term from enactment of this bill would                 be characterized as a Freudian slip.
                                           tional health IT system. Among other                    diminish in later years, when the use of                 While Congress has limited compara-
                                           things, these privacy safeguards give                   health IT will be more pervasive in any                tive effectiveness research funding in
                                           each individual the right to access his                 event.’’ So this stimulus bill spends                  the stimulus to clinical effectiveness
                                           or her own electronic health records                    money more than 2 years after the eco-                 questions, I am concerned that the
                                           and the right to timely notice of data                  nomic crisis has started on an issue                   sponsors of this bill and the Obama ad-
                                           breaches involving their health infor-                  that the market would have addressed                   ministration have plans to force on the
                                           mation, and the safeguards place crit-                  on its own.                                            American public coverage decisions
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                                           ical restrictions on the sale of sensitive                This is just one of the many exam-                   based on comparative cost effective-
                                           health data.                                            ples that illustrate that the stimulus                 ness. Make no mistake: I will vigor-
                                             Also crucial are funds for fraud en-                  is, as recently noted by the Wall Street               ously fight those efforts in the future.
                                           forcement, which is necessary for pro-                  Journal’s editorial page, ‘‘90 percent                   In addition to the comparative clin-
                                           tecting the integrity and efficiency not                social policy and 10 percent economic                  ical effectiveness research spending,
                                           only of the financial system, but also                  policy.’’ I believe that this ‘‘social pol-            the stimulus bill creates a structure



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                S2045
                                           similar to the Federal Health Board de-                   An approach like NICE neglects the                   national     unemployment      rate  has
                                           scribed in the book ‘‘Critical’’ by                     basic fact that medical decisions vary                 reached 7.6 percent. In many States,
                                           former Senator Tom Daschle. Presi-                      by individual patient and disease proc-                unemployment has already reached 8,
                                           dent Obama endorsed this book and has                   esses. Medicine is not simply a cold                   9, or even 10 percent.
                                           relied on Senator Daschle’s advice in                   science; it is also an art that reflects                  Getting laid off can start a dev-
                                           crafting his health care agenda. A new,                 each individual patient’s condition.                   astating downward spiral. It often
                                           bureaucratic     Federal     Coordinating                 An approach like NICE will ulti-                     means the loss of health insurance,
                                           Council for Comparative Clinical Effec-                 mately attach price tags to patients’                  leaving families with exorbitant med-
                                           tiveness Research would be established                  lives and result in treatment rationing.               ical bills when they can least afford
                                           under section 802 of the stimulus. The                  To quote my friend Dr. Scott Gottlieb                  them. It means more parents can no
                                           council will advise the President and                   in a recent Wall Street Journal opinion                longer afford to send their children to
                                           Congress on No. 1. strategies with re-                  editorial, ‘‘[NICE] has concluded that                 college or even put food on the table or
                                           spect to the infrastructure needs of                    $45,000 is the most worth paying for                   heat their homes.
                                           comparative clinical effectiveness re-                  products that extend a person’s life by                   We need to turn our economy around,
                                           search within the Federal Government;                   one ‘quality-adjusted’ year. (By their                 and we need to do it now. Economists
                                           No. 2. appropriate organizational ex-                   calculus, a year combating cancer is                   agree that only ambitious and aggres-
                                           penditures for comparative clinical ef-                 worth less than a year in perfect                      sive job creation policies—and strong
                                           fectiveness research by relevant Fed-                   health.) . . . In Britain, there’s vocal               government investment in our nation’s
                                           eral departments and agencies; and No.                  dissent against NICE constraints, espe-                future can spark a revival of our econ-
                                           3. opportunities to assure optimum co-                  cially among the cancer patients who                   omy.
                                           ordination of comparative clinical ef-                  are denied many effective new drugs                       In November, Americans voted over-
                                           fectiveness and related health services                 that, for now, are widely prescribed in                whelmingly for change—for action over
                                           research conducted or supported by rel-                 the U.S. The rich, of course, are able to              gridlock, for practical solutions over
                                           evant Federal departments and agen-                     opt out of the British controls. But the               ideology, and for a government that
                                           cies, with the goal of reducing duplica-                rest of the country has to appeal to                   has a role to play in advancing our
                                           tive efforts and encouraging coordi-                    politicians—rather than their doctors—                 common prosperity. President Obama
                                           nated and complementary use of re-                      to gain access to restricted medicines.’’              has called on us to pass a bold eco-
                                           sources.                                                  Rather than top-down Government                      nomic recovery bill that embraces
                                             The council would be composed of 15                   solutions that control costs by one-                   these priorities and the bill before us
                                           members, all of whom are senior Fed-                    size-fits-all coverage mandates, I be-                 will do that.
                                           eral officers or employees with respon-                                                                           First and foremost, this legislation
                                                                                                   lieve that a health care market that
                                           sibility for health-related programs. It                                                                       would create good new jobs by repair-
                                                                                                   plays by fair rules is a far more power-
                                           concerns me that no attempt is made                                                                            ing and replacing aging infrastructure.
                                                                                                   ful force to control costs and improve
                                           with this language to ensure council                                                                           The funding included for water infra-
                                                                                                   quality. The American people know it
                                           membership includes private, non-                                                                              structure—both for wastewater and for
                                                                                                   works because that competition and
                                           government experts. The American                                                                               drinking water—is long overdue. In
                                                                                                   entrepreneurship has worked in every
                                           people know that medical experts at                                                                            New England, we have some of the old-
                                                                                                   other American industry. I support cre-                est sewer infrastructure in the Nation.
                                           places like Harvard, Johns Hopkins,                     ating a health care system where pa-                   Much of it was built in bygone years
                                           and Yale have more expertise on med-                    tients and doctors are able to make de-                when excess sewage was dumped into
                                           ical issues than bureaucrats at the De-                 cisions based on individual patient con-               public waterways. These funds are a
                                           partment of Health and Human Serv-                      ditions and needs.                                     good start, but much more must be
                                           ices. In the future, I will work to en-                   The American people know that bu-
                                                                                                                                                          done to replace these so-called com-
                                           sure that this council—and the Amer-                    reaucrats and politicians cannot be                    bined sewer systems.
                                           ican people—benefit from the expertise                  trusted as the ultimate arbiters of                       Similarly, the bill’s investments in
                                           that resides in the minds of our coun-                  medical decisions. I will vigorously op-               roads, bridges, and transit are abso-
                                           try’s premier medical experts.                          pose any efforts to take choice and in-                lutely essential to putting people back
                                             The council would report annually on                  dividualized care away from patients                   to work, and to avoiding some of the
                                           Federal activities in this area and rec-                and their doctors.                                     catastrophes we have seen, such as the
                                           ommendations for further research.                        Mr. KENNEDY. Madam President,                        I–35 bridge collapse in Minnesota. I
                                           While I recognize and appreciate that                   this is a truly historic moment. We are                commend the bill’s managers for recog-
                                           the comparative clinical effectiveness                  taking a bold step to meet the greatest                nizing how essential these projects are
                                           research and the council in the stim-                   challenge to our Nation’s continued                    for the Nation’s future.
                                           ulus do not go as far as the board out-                 prosperity in a generation. Thanks to                     In all, the Congressional Budget Of-
                                           lined in Senator Daschle’s book, I am                   visionary leadership from our new                      fice reports that economic recovery
                                           gravely concerned that it is simply the                 President and from our leaders here in                 legislation could save or create up to
                                           precursor to a full-fledged Federal                     Congress, we can offer new hope for                    2.4 million new jobs this year, up to 3.9
                                           Health Board. In Senator Daschle’s                      working families throughout the Na-                    million jobs in 2010, and up to 1.9 mil-
                                           own words, a Federal Health Board                       tion.                                                  lion jobs in 2011. These jobs will make
                                           may alter the traditional doctor-pa-                      America is mired in a crisis unlike                  a tremendous difference in revitalizing
                                           tient relationship by giving the Fed-                   any we have seen since the Great De-                   our economy.
                                           eral Health Board new powers to make                    pression. Trillions of dollars of hard-                   But in the meantime, millions of
                                           coverage decisions about medical tech-                  earned wealth have been wiped out.                     Americans still need help to weather
                                           nologies, treatments, drugs, and proce-                 Families are losing their homes, their                 the storm. That is why this bill ex-
                                           dures, ‘‘Doctors and patients might re-                 jobs, their health care, their life sav-               tends and temporarily increases unem-
                                           sent any encroachment on their ability                  ings, and their hopes for the future.                  ployment insurance benefits. These
                                           to choose certain treatments . . .’’                      At the heart of this economic tur-                   extra dollars will give a strong boost to
                                             The model proposed by Senator                         moil is the collapse of the jobs market.               economic growth, while putting more
                                           Daschle and endorsed by President                       We lost 2.6 million jobs last year. Over               money in the pockets of millions of
                                           Obama—and which I am concerned the                      11 million Americans are unemployed—                   Americans facing the worst job market
                                           stimulus lays the groundwork for—                       that is more than four unemployed                      in a quarter century.
                                           would be disastrous for American pa-                    workers for every job opening in the                      Unfortunately, there are millions of
                                           tients. This exact model is a failed pol-               country. We recently learned that                      hard-working Americans who have con-
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                                           icy of the past in Great Britain’s                      there were 626,000 new jobless claims in               tributed to this vital program, but who
                                           health care system. Great Britain’s Na-                 the past week and that 4.8 million                     don’t benefit from it. Only 37 percent of
                                           tional Institute for Health and Clinical                Americans are collecting unemploy-                     unemployed workers receive benefits.
                                           Excellent, NICE, evaluates new med-                     ment compensation—the highest num-                     These rules are particularly unfair to
                                           ical drugs and treatments for coverage                  ber on record. The monthly job num-                    the most vulnerable Americans—in-
                                           decisions for all British citizens.                     bers released last Friday show that the                cluding low-wage workers and the



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                                           S2046                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           many women who juggle work and                          strictions on what may and may not be                  school districts facing shrinking budg-
                                           childcare responsibilities.                             studied. Limiting studies only to the                  ets are planning cuts in math and
                                             There is no better time to strengthen                 clinical practice of medicine could in-                science classes, in new teacher pro-
                                           this vital safety net and extend it to                  advertently prohibit research com-                     gramming, and in teacher mentoring—
                                           Americans who have funded it with                       paring reforms in health services. One                 and they are also increasing class sizes.
                                           their hard-earned dollars. That is why                  of the best examples of comparative ef-                We must not force America’s students
                                           I am pleased that this legislation in-                  fectiveness research is a study of pa-                 to bear these high costs of our eco-
                                           cludes provisions from the Unemploy-                    tients with pneumonia, which has                       nomic crisis.
                                           ment Insurance Modernization Act, a                     helped us understand who should be                       I am especially pleased, therefore,
                                           bipartisan bill which I have worked on                  hospitalized and who can be cared for                  that this legislation includes $39 billion
                                           with     Senators     BAUCUS,     SNOWE,                at home. That is important science,                    in emergency basic aid to states to pre-
                                           STABENOW, ROCKEFELLER, and many                         and we need to encourage it.                           vent harsh cutbacks and reduce budget
                                           others. These provisions will imme-                        Obviously, this stimulus funding is                 shortfalls in early childhood education,
                                           diately improve coverage for more                       by no means the end of the compara-                    K–12 education, and higher education.
                                           than 500,000 workers unable to qualify                  tive effectiveness research movement.                  Such aid is a lifeline of support for
                                           for these benefits now. It will also pro-               It is just the beginning. The debate                   America’s preschools, classrooms, and
                                           vide needed funds to States to keep                     over what research should be con-                      college campuses.
                                           their unemployment offices open and                     ducted, how it should be governed, and                   The bill also makes a significant
                                           running smoothly, even under the over-                  how it should be used should be re-                    commitment toward meeting the needs
                                           whelming flood of applications from                     served for the ongoing policy discus-                  of low-income children, by providing
                                           workers who have lost their jobs.                       sion.                                                  $12.4 billion under title I of the Ele-
                                             The recovery package also strength-                      The legislation also includes impor-                mentary and Secondary Education Act,
                                           ens the safety net by making other im-                  tant investments in health information                 and provides an unprecedented $13.5
                                           portant investments in the health and                   technology. Use of electronic medical                  billion to assist schools in meeting
                                           wellbeing of children and low-income                    records will enable our health care sys-               their commitment to students with
                                           families. It provides major increases                   tem to provide the highest possible                    special needs under the Individuals
                                           for the School Lunch Program, food                      quality of care, and also benefit from                 with Disabilities Education Act.
                                           stamps, Meals on Wheels, food bank                      the improved efficiency that other in-                   The increase in funding for title I im-
                                           aid, and low-income weatherization as-                  dustries have already achieved through                 mediately demonstrates our commit-
                                           sistance. These programs are particu-                   IT. This investment will help develop a                ment to prevent harmful cuts and de-
                                           larly vital today, when family budgets                                                                         liver the support and solutions needed
                                                                                                   high-tech infrastructure for our health
                                           are being stripped to the bone.                                                                                for schools to close achievement gaps
                                                                                                   care system, and it will also create
                                             I am especially pleased by the in-                                                                           and meet the goals of the No Child Left
                                                                                                   high paying jobs today. IT industry ex-
                                           crease in food stamp aid. More than                                                                            Behind Act.
                                                                                                   perts estimate that every $10 billion                    The investment in IDEA is a down
                                           half a million residents in Massachu-
                                                                                                   spent on health information will create                payment towards finally meeting the
                                           setts rely on food stamps to buy food
                                                                                                   more than 200,000 jobs in manufac-                     Federal Government’s 33-year old
                                           each month. Nearly 70 percent of the
                                                                                                   turing, software development and in-                   promise to fund 40 percent of the aver-
                                           assistance goes to households with
                                                                                                   formation technology services.                         age per-pupil expenditure for every
                                           children, and 20 percent goes to house-                    Finally, the recovery package before
                                           holds with an elderly person.                                                                                  child in special education. The Federal
                                                                                                   us also takes important steps to
                                             These investments are essential to                                                                           Government now funds less than half of
                                                                                                   strengthen education as a key strategy                 this commitment, because of the eco-
                                           meet the needs of our most vulnerable
                                                                                                   to revitalize the economy and move                     nomic shortfall at the local level that
                                           citizens. In fact, increased spending on
                                           food stamps is among the most effec-                    America forward. It includes important                 is being exacerbated by the current cri-
                                           tive ways to stimulate the economy,                     investments at every point in the edu-                 sis.
                                           and I commend the leadership for                        cation pipeline. It will help to prevent                 I am also pleased that this legisla-
                                           bringing forward a bill that makes this                 harmful teacher layoffs and cuts in                    tion makes a key investment in up-
                                           kind of wise and compassionate invest-                  school budgets, expand access to child                 grading schools for the 21st century by
                                           ment.                                                   care and preschool programs, and                       investing in the education technology
                                             The legislation will also immediately                 strengthen Pell grants to provide a                    program under the No Child Left Be-
                                           help Americans to stay healthy, thus                    lifeline of assistance to needy college                hind Act.
                                           making them more productive and suc-                    students.                                                For low-income college students
                                           cessful. It provides job support in med-                   American education is severely af-                  across the country, the bill increases
                                           ical research. It promotes a primary                    fected by the economic downturn. This                  the maximum Pell grant by $281 for the
                                           care workforce. It helps unemployed                     package responds directly to that chal-                next school year, and by $400 for the
                                           workers protect their health while                      lenge by beginning to revive America’s                 year after that. College costs have
                                           looking for new jobs and opportunities.                 preschool classrooms, its elementary,                  risen by more than 400 percent over the
                                             To create a healthier America, we                     middle, and high schools, and colleges.                past 20 years, but the size of the Pell
                                           need greater emphasis on prevention.                       Resources devoted to education and                  grant has fallen far behind. The College
                                           Citizens need access to primary care                    to the future of America’s youth are                   Cost Reduction and Access Act we
                                           providers and preventive screenings,                    among the most important invest-                       passed in the last Congress was a down-
                                           communities need vigorous prevention                    ments proposed in this legislation, and                payment on this challenge, and this
                                           initiatives, and the nation needs a                     this assistance couldn’t come at a bet-                bill is another step in the right direc-
                                           strong national public health infra-                    ter time. According to the Center on                   tion.
                                           structure and workforce. In our ongo-                   Budget and Policy Priorities, 34 States                  In the current economic climate, this
                                           ing discussions and work on health re-                  have implemented or proposed cuts in                   support is more important than ever.
                                           form, it is vital for us to address how                 K–12 education. It is part of the eco-                 As in recessions past, Americans are
                                           best to support prevention and wellness                 nomic crunch of rising unemployment,                   entering or returning to college in
                                           and revitalize our public health sys-                   declining consumer spending, and                       record numbers. Over 6 million citizens
                                           tem.                                                    home foreclosures. Per pupil spending                  have applied for Pell grants this year,
                                             Funds provided in the bill are also an                has been reduced, school breakfast pro-                an increase of over 10 percent compared
                                           important first step in increasing the                  grams have been eliminated, training                   to last year. With more and more low-
                                           nation’s ability to conduct compara-                    for teachers and principals has been                   income families and fewer and fewer
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                                           tive effectiveness research and achieve                 cut off, and in some cases schools have                jobs to go around, opening the doors of
                                           the important goal of helping Ameri-                    been forced to reduce hours in the                     college to more students is a sensible
                                           cans obtain the right care, in the right                school day or shorten the school year.                 response to this economic challenge. It
                                           place, at the right time, every time.                      Across the Nation, school super-                    will help us weather the crisis and bet-
                                             It makes no sense to hamstring such                   intendents have implemented or plan                    ter prepare our Nation to compete in
                                           research by placing unnecessary re-                     to implement staff reductions. Many                    the future.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                S2047
                                             Our recovery won’t be fair unless it                  for ways to help. Applications to serv-                will help provide American manufac-
                                           also includes our Nation’s youngest                     ice organizations are up. AmeriCorps                   turers the resources and the support
                                           and most vulnerable children. This bill                 members across the country are al-                     they need to manufacture these bat-
                                           delivers over $1 billion for the Head                   ready performing this needed role,                     teries in U.S. facilities. The recovery
                                           Start and Early Head Start programs,                    from mentoring youth whose families                    package also includes $100 million in
                                           which will allow about 50,000 more chil-                are struggling, to ensuring low-income                 Defense Production Act funding, which
                                           dren to participate in these programs.                  individuals have a place to go home to.                will go toward the support of manufac-
                                           The size of Early Head Start will be in-                The increased funding for national                     turers of technologies for the next gen-
                                           creased by half, creating almost 30,000                 service opportunities in this bill will                eration of vehicles used by the mili-
                                           jobs.                                                   enable more Americans to help those in                 tary. This funding is critical because
                                             Investments in high-quality early                     need, and will also provide support and                battery manufacturers and other man-
                                           learning programs like Head Start                       assistance for nonprofit organizations                 ufacturers are deciding now where to
                                           produce excellent returns for later eco-                doing some of the most important                       locate their production facilities, and
                                           nomic growth and job development.                       work in our neediest communities.                      we cannot afford to lose those facilities
                                           Currently, Head Start serves only half                  Much more can be done to expand these                  and the jobs located there to other
                                           of eligible preschoolers, and Early                     opportunities and encourage more                       countries that are willing to offer
                                           Head Start serves less than 3 percent of                Americans to put their skills and inge-                greater financial incentives than we
                                           eligible infants and toddlers. These                    nuity to work for others in their hard-                are.
                                           programs have been struggling, be-                      hit communities. This legislation is a                   The package also includes significant
                                           cause operating costs associated with                   significant step toward this goal.                     measures to expand the American mar-
                                           providing high-quality early childhood                    This package makes many critical                     ket for advanced technology vehicles.
                                           education are soaring, yet staff, pro-                  investments in our infrastructure and                  It increases from 250,000 to 500,000 the
                                           gram hours, transportation, and other                   in our future. Never has action been                   number of plug-in hybrid vehicles eligi-
                                           services have been declining in order to                more urgently needed to jumpstart our                  ble for the consumer tax credit for
                                           deal with a 13-percent decrease in                      economy. This recovery legislation is                  these vehicles. And it includes funding
                                           funds. The funding in this recovery                     an indispensible and long-overdue step                 for Federal agencies to aggressively
                                           package will help Head Start Centers                    toward putting our economy back to                     lease alternative energy vehicles—such
                                           across the country get back on their                    work for American families. I urge my                  as hybrid vehicles—to support a wide
                                           feet and back on track serving our                      colleagues on both sides of the aisle to               variety of agency missions. Govern-
                                           youngest children.                                      support these strong measures and to                   ment leasing of these vehicles will help
                                             The legislation also invests in essen-                save and create jobs. Together, we can                 stimulate production of these vehicles.
                                           tial child care assistance for children                 turn our economy around and begin a                    We cannot just preach about the need
                                           and parents. It provides an increase of                 new era of prosperity for all our Na-                  to produce these vehicles. We must
                                           $2 billion in the child care development                tion’s families.                                       lead the way in purchasing them, even
                                           block grant, so that States can serve                     Mr. LEVIN. Madam President, the                      though their up-front cost is greater.
                                           an additional 480,000 needy children,                   American people are counting on us to                    Shovel-ready infrastructure projects
                                           and paid work opportunities are cre-                    act to stabilize and revitalize the econ-              are the most immediate way to create
                                           ated for 190,000 caregivers.                            omy, and the Economic Recovery and                     jobs and get the economy moving
                                             Quality child care produces long-                     Reinvestment Act that the Senate is                    quickly. The recovery plan includes
                                           term benefits in children’s learning and                considering is an essential part of that               over $45 billion in funding for ready-to-
                                           development. It also allows parents to                  effort. It will create jobs and make in-               go road, bridge, rail and other projects
                                           continue working productively. The li-                  vestments to bolster our economy in                    to immediately and directly create
                                           censed child care sector enables par-                   both the short and long term.                          jobs. I supported an amendment that
                                           ents to earn more than $100 billion an-                   The situation is dire. The Nation is                 would have added further funding for
                                           nually, generating nearly $580 billion                  in a deep recession. Michigan’s unem-                  such projects, which unfortunately did
                                           in direct and indirect labor income and                 ployment rate is the highest in the                    not pass. Michigan has over $3 billion
                                           more than 15 million jobs.                              country. Michigan has lost over half a                 in transportation projects that can be
                                             We know that child care is one of the                 million jobs since January 2001, and                   commenced within 180 days. Even with-
                                           largest expenses for low-income fami-                   more than 300,000 of those were manu-                  out the additional funding, the legisla-
                                           lies. Between 2006 and 2007, the average                facturing jobs. In this January alone,                 tion we are considering will provide
                                           cost of full-time infant child care rose                the Nation lost 598,000 jobs, including                Michigan with nearly $900 million in
                                           by 6.5 percent, and child care costs for                207,000 manufacturing jobs, and the                    highway formula funds and $165 million
                                           four-year olds rose by 5.3 percent. Yet                 number of first-time jobless claims was                in transit formula funds, allowing for
                                           funding for the child care development                  higher than any time in the past quar-                 significant repairs to roads and bridges
                                           block grant has been nearly flat since                  ter century. The economy is in very                    and purchases of buses for our public
                                           2002. As a result, nearly 140,000 fewer                 bad shape, and it is getting worse.                    transit authorities. There is additional
                                           children are receiving Federal assist-                    Job creation must be our No. 1 pri-                  funding which will hopefully result in
                                           ance under this program than in 2002.                   ority as we work to turn the economy                   investments in the midwest high-speed
                                           Only one out of every seven children el-                around, and jobs are the focus of this                 rail corridor, and improvements to Am-
                                           igible for assistance under this pro-                   recovery plan. The provisions in this                  trak that can help bring commuter rail
                                           gram now receives it.                                   bill are designed to create jobs, includ-              to Michigan. I am especially pleased
                                             There is no question that the chal-                   ing funding for infrastructure, tax                    that the Senate stimulus bill distrib-
                                           lenges we face as a nation are                          cuts, and investments in critical tech-                utes the highway infrastructure funds
                                           daunting. But they are challenges we                    nology. The Obama administration es-                   using the Surface Transportation Pro-
                                           must face together. Following the                       timates that this plan will create or                  gram, STP, authorized under the cur-
                                           President’s lead, we must ask more                      save over 3 million jobs nationwide—                   rent highway law. The STP formula
                                           Americans to be part of the solution.                   well over 100,000 jobs in Michigan                     treats Michigan and other donor States
                                           This legislation makes that possible by                 alone—over the next 2 years, including                 in a much fairer manner than other
                                           including $200 million for national                     jobs in health care, clean energy and                  highway funding allocation formulas.
                                           service programs and infrastructure,                    construction.                                            The legislation also provides $2 bil-
                                           an important investment for these dif-                    The recovery plan includes funding                   lion for the Army Corps to address
                                           ficult times.                                           for investments in technology and                      river and harbor, flood and ecosystem
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                                             With the crisis hitting community                     modernization efforts that can help us                 restoration projects across our Nation.
                                           after community, the demand for serv-                   compete in the global economy.                         I am hopeful that a significant portion
                                           ices and assistance is sharply increas-                   The bill includes $2 billion in funding              of these funds will be directed to the
                                           ing. In response, more Americans,                       for the Department of Energy for                       Great Lakes navigational system, one
                                           young and old, are answering the Presi-                 grants to manufacturers of advanced                    of our Nation’s most important mari-
                                           dent’s call to serve. They are looking                  batteries and battery systems, which                   time highways, which faces a backlog



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                                           S2048                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           in many much-needed maintenance                         for technical reasons, developing scenic               supported by other economic recovery
                                           projects that are ready to go.                          trails, like the North Country Trail,                  funds, such as retrofitting of buildings,
                                             Additionally, the legislation includes                which has 1,150 miles that run through                 green construction, and the production
                                           $6 billion for water infrastructure in-                 Michigan. I obtained assurances on the                 of renewable electric power. It also
                                           vestments that will immediately em-                     record from Senator FEINSTEIN, the                     provides $500 million for State formula
                                           ploy people, protect public health, im-                 sponsor of the trail funding language                  funds for vocational rehabilitation
                                           prove the environment, and create a                     that such trails would in fact be eligi-               State grants to help individuals with
                                           stronger economic climate. This bill                    ble for the trail funding, and I am                    disabilities prepare for and sustain
                                           will provide Michigan with over $150                    hopeful that many trail maintenance                    gainful employment; and $400 million
                                           million for job-creating projects to ad-                projects will begin soon, creating jobs                for employment services grants to
                                           dress crucial wastewater needs, and                     and boosting the economy.                              match unemployed individuals to job
                                           about $70 million to improve water                        The recovery bill will provide funds                 openings through State employment
                                           mains, leaking pipes, water treatment                   investing in health information tech-                  service agencies and allow States to
                                           plants, pumping stations, and similar                   nology, computerizing health records                   provide     customized     reemployment
                                           projects. It also includes $200 million                 to reduce medical errors and save bil-                 services.
                                           for     environmental     infrastructure                lions of dollars in health care costs.                   The bill includes funding to enhance
                                           projects that can create jobs while                       The tax provisions in this legislation
                                                                                                                                                          and expand education initiatives aimed
                                           helping to mitigate the impact of com-                  will create a refundable tax credit of
                                                                                                                                                          at ensuring that our next generation of
                                           bined sewer overflows, which dump                       $500 for working individuals and $1,000
                                                                                                                                                          Americans is able to meet the chal-
                                           harmful pollutants into the Great                       for working families, covering 95 per-
                                                                                                                                                          lenges of a global economy. It includes
                                           Lakes every year.                                       cent of working families. Taxpayers
                                                                                                                                                          a $39 billion State fiscal stabilization
                                             There are also nearly $200 million                    can receive this benefit through a re-
                                                                                                                                                          fund for local school districts and pub-
                                           worth of projects identified in conjunc-                duction in the amount of tax that is
                                                                                                                                                          lic colleges and universities, distrib-
                                           tion with the Great Lakes Legacy Act,                   withheld from their paychecks, or
                                                                                                                                                          uted through existing State and Fed-
                                           which was reauthorized in 2008 in order                 through claiming the credit on their
                                                                                                                                                          eral formulas, and $7.5 billion to States
                                           for the EPA to clean up contaminated                    tax returns. This will mean direct and
                                                                                                                                                          as incentive grants as a reward for
                                           sediments in the Great Lakes, which                     immediate relief for nearly 4 million
                                                                                                                                                          meeting key education performance
                                           are shovel ready and could be done in a                 Michigan workers. For many strug-
                                                                                                                                                          measures. It also addresses the needs of
                                           few months. Last year, the Brookings                    gling families, this will help them
                                                                                                                                                          educationally disadvantaged students
                                           Institution released a report that con-                 make ends meet in these tough times.
                                                                                                                                                          served through the Title I program, in-
                                           cluded that a Federal investment                        By putting extra money in families’
                                                                                                                                                          cluding $12.4 billion to help close the
                                           would yield economic benefits of 21⁄2 to                pockets, these targeted tax cuts will
                                                                                                                                                          achievement gap and enable these stu-
                                           1. I will continue to push for these                    offer an immediate boost to the econ-
                                                                                                                                                          dents to reach their potential. Further,
                                           projects to be funded promptly from                     omy.
                                                                                                     This recovery plan includes impor-                   the bill includes $13 billion to improve
                                           the appropriations in this bill.                                                                               educational outcomes for children
                                             The recovery package also includes                    tant measures that will modernize the
                                                                                                   current unemployment benefits system                   served under the Individuals with Dis-
                                           $100 million in competitive grants for
                                                                                                   which includes administrative dollars                  abilities in Education Act. This level of
                                           the cleanup of brownfield sites where
                                                                                                   and funds to incentivize States to mod-                funding will increase the Federal share
                                           redevelopment is complicated because
                                                                                                   ernize their unemployment insurance                    of special education services to its
                                           of real or potential environmental con-
                                                                                                   programs. This would mean more than                    highest level ever. Finally, the bill
                                           tamination. Last year, Michigan was
                                                                                                   $90 million for the State of Michigan                  adds $13.9 billion to increase the Pell
                                           awarded $8 million for 22 such projects,
                                                                                                   right off the bat. This plan will also                 grant maximum award and pay for in-
                                           and I am hopeful that a good portion of
                                                                                                   provide a further extension of unem-                   creases in program costs resulting from
                                           these grants will be awarded to Michi-
                                                                                                   ployment benefits which will help the                  increased eligibility and higher Pell
                                           gan communities. Because most of
                                                                                                   approximately       162,000   unemployed               grant awards. The bill supports an in-
                                           Michigan’s grants were awarded for
                                                                                                   workers in Michigan who are unable to                  creased Pell Grant maximum award of
                                           site assessments, rather than actual
                                                                                                   find a job in these hard economic times                $281 in the 2009–2010 academic year and
                                           cleanup projects, I joined my col-
                                                                                                   and whose unemployment benefit will                    $400 in the 2010–2011 academic year,
                                           leagues Senators CARDIN and VOINOVICH
                                                                                                   expire. Additionally, it will provide an               which will help 7 million students pur-
                                           in sponsoring an amendment that
                                                                                                   additional $100 per month in unemploy-                 sue postsecondary education.
                                           would allow the grants to be awarded
                                           for both assessments and cleanup                        ment benefits, pumping money directly                    A provision was also included to en-
                                           projects. Both of these uses would                      into depressed economic areas. Fur-                    courage use of the low-income housing
                                           quickly put people to work and make                     ther, the bill temporarily exempts the                 tax credit, an important tool for the
                                           these sites attractive for investment                   first $2,400 unemployment benefits                     development of affordable rental hous-
                                           and reuse, creating additional new                      from income tax, meaning more of                       ing.
                                           jobs, generating additional tax reve-                   these funds can go to recipients and                     Together, the provisions in this bill
                                           nues, and improving communities’                        help grow the economy. Providing job                   offer significant hope for our Nation’s
                                           overall quality of life.                                training in new and expanding fields                   economic future. Still, a comprehen-
                                             Finally, on the infrastructure front,                 will help to lower the unemployment                    sive economic recovery effort is bal-
                                           the bill includes about $750 million for                rate and help today’s workers better                   anced on a three legged stool con-
                                           the National Park Service to address                    compete against foreign competition.                   sisting of creating jobs, unfreezing
                                           the lengthy backlog of maintenance                      The bill provides $3.4 billion for job                 credit markets, and addressing the
                                           projects and other important needs. I                   training    including     State   formula              housing crisis, including reduction in
                                           am hopeful that a significant portion                   grants for adult, dislocated worker,                   the flood of foreclosures.
                                           of these funds will be used at Michi-                   and youth programs, including $1.2 bil-                  I am assured that the Obama admin-
                                           gan’s four national park units and the                  lion to create up to one million sum-                  istration is moving towards prompt ac-
                                           North Country National Scenic Trail.                    mer jobs for youth. The training and                   tion on the other fronts. President
                                           Michigan’s park and trail funding                       employment needs of workers also will                  Obama will soon be putting forward a
                                           needs are great, and numerous projects                  be met through dislocated worker na-                   significant housing measure focused on
                                           have been deferred for several years. It                tional emergency grants, new competi-                  reducing foreclosures and stabilizing
                                           is estimated that Michigan’s parks and                  tive grants for worker training in high                home values. The Treasury Depart-
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                                           trails could use upwards of $35 million                 growth and emerging industry sectors,                  ment is working to reconfigure the so-
                                           in funding for infrastructure invest-                   with priority consideration to ‘‘green’’               called TARP funds, of which $350 bil-
                                           ments that could be started within the                  jobs and health care, and increased                    lion remains, to unfreeze our Nation’s
                                           next 18 months. I was concerned that                    funds for the Job Corps and YouthBuild                 credit markets. The Treasury is also
                                           the $23 million set aside for deferred                  programs. Green jobs training will in-                 establishing sensible conditions for fi-
                                           maintenance of trails might exclude,                    clude preparing workers for activities                 nancial institutions who receive loans



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S2049
                                           from the government so we can mon-                        It makes sense to establish a loan                   previous administration have left this
                                           itor what they do with the funds and                    guarantee program for broadband in                     Nation with a $2.2 trillion deficit in in-
                                           get them to resume the flow of credit.                  conjunction with the new grant pro-                    frastructure investments. Highway and
                                             This recovery plan represents an es-                  gram this bill funds. The small per-                   mass transit systems, airport and rail
                                           sential step toward stabilizing our                     centage of funds my amendment would                    construction,     energy    and     water
                                           economy. The infrastructure projects                    have set aside has the potential to le-                projects, schools and public facilities
                                           will create Michigan jobs, the tax pro-                 verage billions more in broadband in-                  were starved under the previous admin-
                                           visions will help Michigan families and                 vestments for rural communities.                       istration. As State and local budgets
                                           the investments in technology and                         This amendment was cleared by the                    shrink, these infrastructure deficits
                                           modernization will pay dividends for                    relevant committees. Unfortunately                     will continue to increase. In West Vir-
                                           years to come. While I am mindful of                    Senators who oppose the reinvestment                   ginia, I have seen how inadequate in-
                                           the further challenges we must address                  and recovery bill will raise objections                frastructure can limit access to jobs, to
                                           in order to end this recession, I support               to adopting any amendments by unani-                   health care, and to schools. It can
                                           the Economic Recovery and Reinvest-                     mous consent. Thus my amendment                        strangle and suffocate local economies.
                                           ment Act with a sense of real urgency.                  No. 332, as modified, along with several                 It may seem incredible to some, but
                                             Mr. LEAHY. Madam President, I                         other amendments were denied being                     with a $2.2 trillion infrastructure def-
                                           commend the Senate Appropriations                       included in the final legislation that                 icit, and a $3.6 trillion contraction in
                                           Committee for including $7 billion in                                                                          the economy, an $838 billion stimulus
                                                                                                   will pass the Senate today.
                                           the Reinvestment and Recovery Act for                     I will continue to work with my col-                 is not enough. Rather than cutting
                                           the Department of Commerce to im-                       leagues to establish at Broadband Loan                 back the stimulus package as some
                                           prove broadband access in our country.                  Guarantee program at the Department                    have suggested, we should be adding
                                           This new program should bring                                                                                  funds to infrastructure projects, which
                                                                                                   of Commerce. Such guarantees are an
                                           broadband to unserved and underserved                                                                          is why I cosponsored an amendment to
                                                                                                   important part of any national strat-
                                           areas in Vermont and other rural parts                                                                         the stimulus bill that would have fur-
                                                                                                   egy to bring broadband, including fiber
                                           of our country. That access is crucial                                                                         ther increased investments in transpor-
                                                                                                   to every home, to rural communities.
                                           to the vitality of rural communities                      Mr. BYRD. Madam President, these                     tation infrastructure. I agree with oth-
                                           which are in danger of being left off the               are perilous economic times.                           ers who have said that the risk here is
                                           technology highway.                                       The national economy is shedding
                                             During deliberation of the reinvest-                                                                         not that we may do too much. The real
                                                                                                   jobs at an alarming rate. Nearly 2 mil-                risk is that we may not do enough, fast
                                           ment and recovery bill over the past
                                                                                                   lion jobs have been lost nationwide in                 enough, soon enough, and that jobs will
                                           week, I offered amendment No. 332 to
                                                                                                   the last 3 months, with 3.6 million jobs               continue to evaporate.
                                           set aside $100 million within the avail-
                                                                                                   lost since December 2007. In West Vir-                   I have tried to focus this stimulus
                                           able $7 billion to provide loan guaran-
                                                                                                   ginia, our workforce has been buffered                 where I think it can do the most good
                                           tees for broadband construction. The
                                                                                                   to some degree by the mining industry,                 for the working people of this Nation,
                                           program established in the underlying
                                                                                                   but we, too, are now feeling the painful               including the people of West Virginia.
                                           bill currently will fund only grants.
                                           These grants will be an important pil-                  global recession. In December—in just                  During the debate, I supported several
                                           lar of any financing for a national                     1 month—West Virginia lost 4,100 jobs.                 amendments to limit costs, and to tar-
                                           build out of broadband. However, loan                   We are hearing more frequently about                   get spending and tax cuts toward work-
                                           guarantees are another important fi-                    layoff and job loss announcements:                     ing families and their communities. I
                                           nancing option to construct broadband                   Dow Chemical in Kanawha County,                        fought to make sure the bill would cre-
                                           networks. That is why I am offering                     Century Aluminum and Alcan in Jack-                    ate jobs quickly. Seventy eight percent
                                           this amendment to set aside less than                   son County, Bayer Material Science in                  of the stimulative effect will take
                                           2 percent of the $9 billion for grants to               Marshall County, Patriot Coal in                       place in the next 18 months—a big im-
                                           establish a loan guarantee program.                     Boone and Kanawha Counties, Moun-                      provement compared to the House bill.
                                             Creating a loan guarantee program                     taineer Racetrack & Casino in Hancock                  I also sought to ensure that there is
                                           alongside the grant program has the                     County, Simonton Windows in Ritchie                    some oversight of how these funds are
                                           benefit of leveraging billions of addi-                 County, AGC Flat Glass in Harrison                     spent at the state and local level. I
                                           tional dollars in broadband investment.                 County, American National Rubber in                    have supported the creation of a Recov-
                                           The $100 million that my amendment                      Wayne County, Georgia-Pacific in Fay-                  ery and Transparency Board comprised
                                           would have set aside would have lever-                  ette County, Greenbrier Resort Hotel                   of inspector generals across the Fed-
                                           aged up to $2 billion in additional                     in Greenbrier County, Kingwood Min-                    eral Government, to bring to light
                                           broadband initiatives. And perhaps                      ing in Preston County, and Goodies                     wasteful and corrupt spending. Like-
                                           more importantly, a loan guarantee                      Clothing and Circuit City stores                       wise, I am hopeful that this Board will
                                           program would have the potential of                     throughout the State.                                  monitor State and local management
                                           advancing broadband projects that                         The Federal Reserve has reduced its                  of these funds, to ensure that excessive
                                           were prepared to move forward with                      interest rate target to near zero, and                 or political strings are not attached,
                                           bonds only to be halted due to the eco-                 continues to experiment with unprece-                  delaying this critical funding.
                                           nomic downturn and crisis in the credit                 dented programs to bolster lending, in-                  I am sorry to see this stimulus pack-
                                           markets.                                                jecting about $1 trillion into the bank-               age derisively referred to as wasteful,
                                             In Vermont, I have been closely fol-                  ing system. Adding to the unease, the                  pork-barrel spending. I suspect many of
                                           lowing the East Central Fiber, ECF,                     Congress has authorized the Treasury                   these naysayers are not looking to cre-
                                           project. A group of 22 towns in the                     Department to purchase up to $700 bil-                 ate jobs, so much as they are looking
                                           upper Connecticut and White River val-                  lion of toxic debt from financial insti-               to create a sound bite. I do not con-
                                           leys of our State have formed a joint                   tutions. This is an authority that has                 sider moneys for our Nation’s roads
                                           venture to bring fiber-optic broadband                  been used, so far, to recapitalize the                 and bridges, for our schools and com-
                                           communications services to their re-                    banking system, seemingly with few, if                 munities, and for a safety net for the
                                           gion. The area is currently underserved                 any, strings attached on the institu-                  unemployed and uninsured to be hand-
                                           or un-served with the type of modern                    tions receiving the funding. Mean-                     outs. I do not consider funding wasteful
                                           communications infrastructure which                     while, national deficits and debt are in-              if it helps to ensure that state and
                                           is so critical to their long term eco-                  creasing to what still seem like im-                   local officials do not have to layoff po-
                                           nomic survival. The East Central Fiber                  probable levels.                                       lice officers, school teachers, and fire
                                           group was prepared to build their fiber                   If the stimulus package before the                   fighters.
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                                           to the home project through municipal                   Congress today seems extraordinary, it                   This stimulus is exactly what we
                                           financing until the credit markets col-                 is because the economic and fiscal                     need to be doing. I have been fighting
                                           lapsed during the economic downturn.                    challenge before us is extraordinary.                  for this infrastructure funding for
                                           A federal loan guarantee program                          Not only has the recession created a                 many years. The bill may not win any
                                           could be the difference in financing                    $3.6 trillion economic gap over the next               popularity contests, but it is still the
                                           this $100 million initiative.                           5 years, but the fiscal programs of the                best idea for helping to mitigate this



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                                           S2050                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           economic downturn. It achieves the                      last point is critically important.                    will help unlock the trade agenda so we
                                           principle goals of creating jobs, of help-              Trade adjustment assistance should be                  can progress with other important pri-
                                           ing to prevent painful and dangerous                    made available to service workers, but                 orities. Chief among those is imple-
                                           budget cuts at the State and local                      only if they can demonstrate a causal                  mentation of the Colombia trade agree-
                                           level, and of investing in the long-term                nexus between trade and the loss of                    ment, which is my top trade priority.
                                           growth of the U.S. economy. I                           jobs.                                                  And then we need to turn to our other
                                           unhesitatingly cast my vote in support                    The amendment I introduced with                      trade agreements with Panama and
                                           of this measure.                                        Senator BAUCUS requires an express de-                 South Korea as well. We need to level
                                             Mr. GRASSLEY. Madam President, I                      termination of such a causal nexus be-                 the playing field so that our exporters,
                                           want to speak about the trade adjust-                   fore service workers can be certified                  service suppliers, and farmers can in-
                                           ment assistance amendment that Sen-                     for trade adjustment assistance. I                     crease their sales to foreign countries.
                                           ator BAUCUS and I have introduced.                      wouldn’t be here supporting this com-                  It is more important than ever.
                                             It is amendment No. 404, and it is                    promise if it didn’t. The same goes for                  We have had a social compact on
                                           called the Trade and Globalization Ad-                  manufacturing workers. Trade adjust-                   trade for over 45 years.
                                           justment Assistance Act of 2009.                        ment assistance is premised upon an                      One side of that compact is to ad-
                                             My colleagues are used to hearing me                  adverse trade impact, and this amend-                  dress the needs of trade-displaced
                                           talk about the importance of trade.                     ment preserves that nexus. Our amend-                  workers, and we are doing that with
                                             Trade creates good, well paying jobs                  ment fills the hole in existing law so                 the Baucus-Grassley amendment.
                                           for American workers, farmers, and                      that software developers, customer                       The other side is to open up new mar-
                                           service suppliers. Those jobs are more                  service reps, and other service workers                kets for U.S. exports.
                                           important than ever in this time of                     will be able to seek the same benefits                   That was a driving principle when
                                           economic difficulty.                                    that are currently available to workers                President Kennedy established the
                                             So we need to keep working hard to                    in the manufacturing sector, and on                    trade adjustment assistance program.
                                           open new markets for U.S. goods and                     the same terms. That is only fair.                     President Obama should hold true to
                                           services.                                                 We also increase the availability of                 that principle by doing everything he
                                             But if we are going to engage in                      training funds so that States can han-                 can to create new export opportunities,
                                           international trade, we need to make                    dle this expansion in eligibility and                  starting with implementation of our
                                           sure we are looking out for U.S. work-                  provide better training opportunities                  pending trade agreements. A pro-
                                           ers who are affected by foreign com-                    for displaced workers, to help them                    growth trade agenda should be integral
                                           petition.                                               train for new careers. Our amendment                   to our economic recovery strategy.
                                                                                                                                                            Now let me turn to the provisions in
                                             Our trade adjustment assistance pro-                  expands the trade adjustment assist-
                                                                                                                                                          this amendment dealing with the
                                           gram is the primary program the Fed-                    ance for firms program to help indi-
                                                                                                                                                          health coverage tax credit. The health
                                           eral Government has for helping those                   vidual firms better respond to foreign
                                                                                                                                                          coverage tax credit was the creation of
                                           workers. Unfortunately, the program is                  competition and avoid having to cut
                                                                                                                                                          a bipartisan effort in 2002. It was de-
                                           out of date. It isn’t doing enough to                   jobs to begin with. It improves the
                                                                                                                                                          signed to help those who were losing
                                           help the workers who need it. And that                  trade adjustment assistance for farm-
                                                                                                                                                          their jobs and their health coverage
                                           is why I have joined with Senator BAU-                  ers program to provide targeted train-
                                                                                                                                                          due to trade-related restructuring. The
                                           CUS to update it.                                       ing and to help agricultural producers
                                                                                                                                                          health coverage tax credit represented
                                             Today’s amendment is the culmina-                     develop new skills and business plans.
                                                                                                                                                          the first time that the Federal Govern-
                                           tion of months of hard work on the                      It creates a trade adjustment assist-                  ment offered assistance in the form of
                                           part of Senator BAUCUS and myself.                      ance for communities program to help                   a tax credit to purchase health cov-
                                           And this work reflects years of over-                   entire communities respond to the                      erage. It was a new way of doing
                                           sight and careful thought. It is also the               pressures of globalization, and to help                things. Instead of the government of-
                                           product of close collaboration and in-                  community colleges and other edu-                      fering government-run coverage, the
                                           tensive negotiations with our counter-                  cational institutions develop new and                  government was offering a tax credit to
                                           parts on the House Ways and Means                       more targeted courses to assist trade-                 purchase private coverage. That is a
                                           Committee, Chairman RANGEL and                          impacted workers. And it helps States                  good thing.
                                           Congressman CAMP. I want to thank                       fund caseworker time spent with TAA                      As a new program, it had start-up
                                           my colleagues for their cooperation                     clients, so that laid-off workers will                 challenges. And the program has spe-
                                           and good will.                                          have someone to help them examine                      cial challenges that we don’t see in the
                                             This amendment truly is a bipar-                      their options and plan next steps.                     regular insurance market. You see, the
                                           tisan, bicameral product. The amend-                      Our amendment introduces a great                     trade adjustment assistance program is
                                           ment would update the trade adjust-                     deal more flexibility into the program,                for a limited number of people. And it
                                           ment assistance program in important                    so that workers can choose between                     is offered just while people who have
                                           ways, so it better serves the needs of                  full-time and part-time training, or                   lost their jobs are going through re-
                                           our workers in the globalized economy                   full-time work with limited wage in-                   training and finding another job.
                                           of the 21st century. I will mention                     surance. Trade-impacted workers can                    Health insurers do their best when
                                           some of those changes now, and I an-                    even take advantage of training and                    they are insuring a larger group of peo-
                                           ticipate that Senator BAUCUS and I will                 case management services before they                   ple for a longer period of time. That is
                                           introduce report language into the                      lose their jobs. Our amendment also                    how insurance normally works. But the
                                           RECORD to reflect the legislative intent                improves the accountability and inter-                 TAA program is the opposite.
                                           behind the provisions we have included                  nal oversight of the program, at the                     So this program has some special
                                           in our amendment.                                       State and Federal level, to provide ad-                challenges to manage. And for a new
                                             One of the most important changes                     ditional assurance that taxpayer mon-                  program, I think it has managed those
                                           that the amendment makes is to open                     ies will be well-spent.                                challenges pretty well. But there is al-
                                           the trade adjustment assistance pro-                      I have already noted that this                       ways room for improvement. That is
                                           gram to workers in the services sector.                 amendment is a bipartisan effort that                  especially true for a new program like
                                           Those workers aren’t currently eligible                 reflects the work of four offices. It is a             this one. The Government Account-
                                           for trade adjustment assistance.                        compromise in many respects. There                     ability Office and the Internal Revenue
                                             So, if you are a customer service rep-                are portions of the amendment that I                   Service have studied the health cov-
                                           resentative, and your job is outsourced                 might have done differently if it were                 erage tax credit program and offered
                                           to India, you are out of luck.                          solely up to me. But that is the nature                their recommendations. The health
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                                             That limitation makes no sense to                     of compromise. And the overall policy                  plans have also offered suggestions for
                                           me. Services make up almost 80 per-                     embodied in this amendment is a good                   how to make the program work better.
                                           cent of our economy, so it makes sense                  one that will do a lot of good for a lot                 The amendment that Senator BAUCUS
                                           that service workers should be eligible                 of Americans—in Iowa and across the                    and I have worked out would make a
                                           for adjustment assistance if they are                   United States. Equally important, if                   number of improvements to the pro-
                                           adversely impacted by trade. But that                   we enact this amendment into law, it                   gram. These are improvements needed



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                               S2051
                                           to make it work better for eligible                     visions to renew and expand our trade                  TAA to services workers. America re-
                                           workers. First, we need to make cov-                    adjustment assistance programs.                        mains a manufacturing powerhouse,
                                           erage more affordable. That is some-                      Our provisions promise American                      but our economy has also evolved to
                                           thing I hope we can address in more                     workers who have lost their jobs the                   create a vibrant and globally-inte-
                                           comprehensive health reform. But in                     chance to get back on their feet. And                  grated services industry. Services are
                                           the meantime, this amendment will                       with that opportunity, it offers Ameri-                now nearly 80 percent of our economy,
                                           make coverage affordable by increasing                  cans another shot at the dignity and                   yet TAA’s benefits are out of reach for
                                           the tax credit to 80 percent of the cost                joy they get from an honest day’s                      all services workers.
                                           of coverage. By providing more assist-                  work.                                                    This legislation brings TAA in line
                                           ance, we can make private insurance                       Trade     adjustment     assistance—or               with today’s economy, extending TAA
                                           options more affordable. Let’s not for-                 ‘‘TAA’’—has been my highest trade pri-                 benefits to America’s services industry
                                           get that if we don’t preserve access in                 ority. For over two years, I have                      workers, whether they are transpor-
                                           the private market, many of these un-                   worked with Senator GRASSLEY and                       tation workers, software designers,
                                           employed workers and their families                     Chairman RANGEL to realize this pri-                   computer programmers, or airline
                                           will be forced into Medicaid. This                      ority. It was a long process, and it was               maintenance technicians.
                                           amendment also makes important                          not easy.                                                Second, our provisions extend TAA’s
                                           changes that will raise awareness                         But I am proud to say that with their                offshoring provisions to all workers re-
                                           about the program. One of the biggest                   help, along with the invaluable support                gardless of the country to which that
                                           barriers to enrollment is that people                   of Congressman Camp, and Senators                      job shifts.
                                                                                                   SNOWE,        BINGAMAN,        CANTWELL,                 Under current law, workers whose
                                           just don’t know about the program. We
                                                                                                   STABENOW, ROCKEFELLER, and others,                     jobs shift abroad may only qualify for
                                           are also going to help people with up-
                                                                                                   we have achieved it.                                   TAA if that shift is to countries with
                                           front costs during enrollment, and im-
                                                                                                     When President Kennedy created                       which we have a free trade agreement
                                           prove coverage for family members.
                                              As I said before, this is not a perfect              trade adjustment assistance in 1962, he                or certain other trade arrangements.
                                                                                                   crafted it to reflect the needs and con-               But it does not cover eight of our top
                                           program and today’s changes are not
                                                                                                   ditions of the American economy of his                 ten partners, including China, Japan,
                                           going to make it perfect. I hope as this
                                                                                                   time.                                                  and Korea.
                                           process moves forward, we can still                                                                              This legislation does away with that
                                           look for ways to expand the number of                     Our new TAA provisions will reform
                                                                                                                                                          geographic limitation and expands
                                           coverage options for people that want                   and expand TAA to reflect the needs
                                                                                                                                                          TAA’s benefits to cover all trade with
                                           to use the credit. We should make sure                  and conditions of our economy as we
                                                                                                                                                          all of our partner countries.
                                           they have a variety of choices in the                   know it today. This renewal and expan-                   Third, our new TAA package in-
                                           individual market. But even though to-                  sion is historic. It is the most signifi-              creases training funds available to
                                           day’s changes don’t do everything we                    cant expansion of the program since                    states by 160 percent—from $220 million
                                           would like, they represent another step                 President Kennedy created it.                          to $570 million per year.
                                           in making this program work better                        And, most importantly, it will help                    Job retraining programs are at the
                                           for unemployed workers and their fam-                   TAA reach more Americans than ever                     heart of TAA, and have proven the
                                           ilies.                                                  before with the smart and effective                    quickest and most effective way to
                                              And I compliment Senator BAUCUS                      services they need, when they need                     give workers the skills they need to get
                                           for his hard work and commitment to                     them.                                                  back on the job. Take just two recent
                                           moving forward on these important re-                     The opportunities of international                   examples from Montana.
                                           forms. With that, I invite my col-                      trade and job-creating exports have                      Wilfred Johnson lost his job after
                                           leagues to join me in supporting                        never been greater. For much of the                    four decades in the lumber industry. He
                                           amendment       404,   the    Trade   and               past two years, growing American ex-                   was 58 years old and had never before
                                           Globalization Adjustment Assistance                     ports were a rare bright spot in our                   been unemployed. Mr. Johnson turned
                                           Act of 2009. The reforms in this amend-                 economy.                                               to local TAA administrators and with
                                           ment will provide immediate benefits                      Yet with these opportunities also                    the help of TAA retraining funds, soon
                                           to workers impacted by trade in Iowa                    come risks. A sudden shift in global                   learned to operate heavy machinery.
                                           and across the country. Over the long                   trade flows can send an industry reel-                 He earned his commercial driver’s li-
                                           term, these reforms will help to                        ing, taking its workers with it. In rural              cense, and started a new job with the
                                           strengthen the global competitiveness                   communities dependent on a single em-                  Forest Service last spring.
                                           of our workforce. And that translates                   ployer, the effect is even more sharply                  Daryl Blasing also lost his job at a
                                           into maintaining good-paying jobs                       felt.                                                  lumber mill. With the help of TAA, he
                                           right here in the United States.                          In my home State of Montana, the                     retrained to learn information tech-
                                              Mr. BAUCUS. Madam President, a                       global recession has already hit our                   nology skills at a community college.
                                           baker once told Studs Terkel, the great                 mines and our lumber industry. Work-                   Today, Mr. Blasing monitors election
                                           chronicler of the American people:                      ers in our aluminum and paper prod-                    software for the State of Montana, a
                                              ‘‘Work is an essential part of being                 ucts companies also suffer in this cri-                job he does so well that he earned the
                                           alive. Your work is your identity. It                   sis.                                                   Governor’s Award for Excellence in
                                           tells you who you are . . . There’s such                  Trade adjustment assistance gives                    Performance.
                                           a joy in doing work well.’’                             American workers caught in the cross-                    Despite these and many similar suc-
                                              This body is considering legislation                 currents of international trade a                      cesses around the country, workers’ re-
                                           about economic growth and recovery.                     chance to get back on their feet with                  training needs often outpace TAA re-
                                           It is about energy, and it is about                     retraining, a healthcare tax credit, and               training resources. States including
                                           healthcare.                                             strategic support for firms.                           Iowa, Pennsylvania, Michigan, and
                                              But we must never forget that we are                   But as important as TAA is to our                    North Carolina regularly exhaust their
                                           also considering what is essential to                   workers, it has not kept up with our                   annual allotment of retraining funds
                                           Americans’ lives. In our hands is a part                evolving economy. It remains limited                   before the year is out. Our new provi-
                                           of Americans’ identities, and the joy                   in scope, limited in resources, and lim-               sions remedy that funding shortfall
                                           and pride they get from a day’s work                    ited in its ability to deliver effective               and will make TAA training as effec-
                                           well done.                                              services.                                              tive as it could be.
                                              And when we consider jobs lost in                      That is why the TAA expansion that                     Fourth, this reform also strengthens
                                           America, we must never forget that, in                  Senator GRASSLEY and I negotiated is                   programs that offer American compa-
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                                           our hands, is also the pain of lost iden-               so important. It addresses these limita-               nies and farmers strategic assistance
                                           tity, lost pride, and lost meaning in                   tions and makes trade adjustment as-                   to keep them competitive and to keep
                                           Americans’ lives.                                       sistance work better for far more work-                their workers on the job.
                                              Last week, Senator GRASSLEY and I—                   ers.                                                     Struggling farmers will be eligible
                                           along with Chairman RANGEL and Mr.                        First, and perhaps most signifi-                     for targeted and intensive technical as-
                                           CAMP—completed negotiations on pro-                     cantly, our new TAA provisions extend                  sistance under the TAA for Farmers



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                                           S2052                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                           program, leading to a better business                     It will again spring up from the                     mit. Present law also authorizes the Sec-
                                           plan and the seed money to get that                     Americans who work to stay competi-                    retary to use subpoenas to obtain informa-
                                           plan off the ground.                                    tive in their current jobs. And hope                   tion in the course of its investigation of a pe-
                                                                                                                                                          tition. The law provides for the imposition of
                                             We also more than triple the re-                      will spring from those courageous and
                                                                                                                                                          criminal and civil penalties for providing
                                           sources to back the successful TAA for                  innovative workers who retrain for new                 false information and failing to disclose ma-
                                           Firms program, which partners small                     jobs.                                                  terial information, but the penalties apply
                                           businesses with industry experts to im-                   Our provisions to renew and expand                   only to petitioners.
                                           prove their efficiency and competitive-                 Trade Adjustment Assistance will help                             EXPLANATION OF PROVISION
                                           ness.                                                   them do that. I urge my colleagues to                    The provision would amend section 222 of
                                             Fifth, I have worked with Senators                    give it their support.                                 the Trade Act to expand the availability of
                                           SNOWE, CANTWELL, BINGAMAN, and                            I ask unanimous consent to have the                  TAA to include workers in firms in the serv-
                                           GRASSLEY to devise a program to help                    report language printed in the RECORD.                 ices sector. Like workers in firms that
                                           communities struggling with the con-                      There being no objection, the mate-                  produce articles, workers in firms that sup-
                                           sequences of international trade.                       rial was ordered to be printed in the                  ply services would be eligible for TAA if a
                                             When a large employer shuts down,                     RECORD, as follows:                                    significant number or proportion of the
                                                                                                                                                          workers have become (or are threatened to
                                           entire communities feel the shock.                                 I. LEGISLATIVE HISTORY
                                                                                                                                                          become) totally or partially separated, and if
                                           This amendment recognizes the com-                         The Trade and Globalization Adjustment              increased imports of services ‘‘contributed
                                           munity-wide effects of trade and offers                 Assistance Act of 2009 (‘‘Act’’) amends the            importantly’’ to the workers’ separation or
                                           community-wide solutions.                               Trade Act of 1974 (‘‘the Trade Act’’) to reau-         threat of separation.
                                             Under the new TAA for Communities                     thorize       trade    adjustment       assistance       As with articles, there would be three ways
                                           program, grants to technical colleges                   (‘‘TAA’’), to extend trade adjustment assist-          for service sector workers to demonstrate
                                                                                                   ance to service workers, communities, firms,           that they are eligible for TAA. First, TAA
                                           and public-private partnerships will
                                                                                                   and farmers, and for other purposes. This              would be available if increased imports of
                                           help identify and invest in new viable                  document reflects the shared views of Chair-           services like or directly competitive with
                                           and competitive industries. These                       man Baucus, Senator Grassley, Chairman                 services supplied by the firm have contrib-
                                           small investments will help entire                      Rangel, and Congressman Camp (‘‘the Mem-               uted importantly to the separation and to an
                                           communities grow.                                       bers’’) on the trade-related aspects of the            absolute decrease in the firm’s sales or pro-
                                             Sixth, our new TAA provisions take                    Act. This document does not address the                duction, or both. Second, TAA would be
                                           steps to ensure trade displaced workers                 health coverage tax credit aspects of the              available in ‘‘shift in supply’’ (‘‘service relo-
                                           have access to health care through a                    Act.                                                   cation’’) scenarios, if the workers’ firm or
                                           workable health coverage tax credit                            II. EXPLANATION OF THE BILL                     subdivision established a facility in a foreign
                                           program.                                                  A. PART I—TRADE ADJUSTMENT ASSISTANCE                country to supply services like or directly
                                             Under current law, TAA-eligible                                          FOR WORKERS                         competitive with the services supplied by
                                                                                                    1. Subpart A—Trade Adjustment Assistance              the trade-impacted workers. Third, TAA
                                           workers can receive a 65 percent tax                                                                           would be available in ‘‘foreign contracting’’
                                           credit to buy certain health insurance.                            for Service Sector Workers
                                                                                                                                                          scenarios, if the workers’ firm or subdivision
                                           Our legislation will improve the afford-                Extension of Trade Adjustment Assistance to            acquired from a service supplier in a foreign
                                           ability of health coverage for trade dis-                    Service Sector and Public Agency Workers;         country services like or directly competitive
                                                                                                        Shifts in Production (Section 1701 (amend-
                                           placed workers by increasing the tax                                                                           with the services that the trade-impacted
                                                                                                        ing Sections 221, 222, 231, 244, and 247 of the   workers had supplied. In each scenario, the
                                           credit subsidy to 80 percent.                                Trade Act of 1974))
                                             It will also provide workers retro-                                                                          relevant activity would need to have contrib-
                                                                                                                      PRESENT LAW                         uted importantly to the workers’ separation
                                           active reimbursement for premium
                                                                                                     Section 222 of the Trade Act provides trade          or threat of separation.
                                           costs that are paid while waiting to get                                                                         The provision also expands the ‘‘shift in
                                                                                                   adjustment assistance to workers in a firm
                                           enrolled in the health program.                         or an appropriate subdivision of a firm if (1)         production’’ prong of present law by elimi-
                                             Our legislation also improves cov-                    a significant number or proportion of the              nating the requirement in section 222 that
                                           erage for spouses and dependents and                    workers in the firm or subdivision have be-            the shift be to a trade agreement partner of
                                           establishes new rules to protect work-                  come (or are threatened to become) totally             the United States or a country that benefits
                                           ers from being denied coverage based                    or partially separated; (2) the firm produces          from a unilateral preference program. Under
                                           on pre-existing health conditions.                      an article; and (3) the separation or threat of        the modified provision, if workers are sepa-
                                             Our proposal also increases trans-                    same is due to trade with foreign countries.           rated because their firm shifts production
                                                                                                     There are three ways to demonstrate the              from a domestic facility to any foreign coun-
                                           parency around the costs and avail-
                                                                                                   connection between job separation and trade.           try, the separated workers would potentially
                                           ability of health benefits and puts                     The Secretary of Labor (‘‘the Secretary’’)             be eligible for TAA. Additionally, there
                                           stronger mechanisms in placing for en-                  must determine either (1) that increased im-           would be no requirement to demonstrate sep-
                                           suring workers have accurate and                        ports of articles ‘‘like or directly competi-          arately that the shift was accompanied by an
                                           timely information about their health                   tive’’ with articles produced by the firm have         increase of imports of products like or di-
                                           coverage options.                                       contributed importantly to the separation              rectly competitive with those produced by
                                             There are many other aspects to our                   and to an absolute decrease in the firm’s              the workers’ firm or subdivision.
                                           TAA package. I am introducing into                      sales or production, or both; (2) that the               The provision also amends section 222 to
                                                                                                   workers’ firm has shifted its production of            make workers at public agencies eligible for
                                           the record a detailed description of our
                                                                                                   articles ‘‘like or directly competitive’’ with         TAA. Under the modified provision, if a pub-
                                           provisions. Senator GRASSLEY and I                      articles produced by the firm to a trade               lic agency acquires services from a foreign
                                           prepared this document with Ways and                    agreement partner of the United States or a            country that are like or directly competitive
                                           Means Committee Chairman RANGEL                         beneficiary country under the Andean Trade             with the services that the public agency sup-
                                           and Ranking Minority Member CAMP.                       Preference Act, the African Growth and Op-             plies, and if the acquisition contributed im-
                                             This document is meant to serve as                    portunity Act, or the Caribbean Basin Eco-             portantly to the workers’ separation or
                                           the legislative history of these many                   nomic Recovery Act; or (3) that the firm has           threat thereof, the workers would be able to
                                           provisions, as well as to provide the ra-               shifted production of such articles to an-             seek TAA benefits.
                                                                                                   other country and there has been or is likely            The provision also amends section 222 to
                                           tionale for the amendments we propose
                                                                                                   to be an increase in imports of like or di-            expand the universe of adversely affected
                                           to current law.                                         rectly competitive articles.                           secondary workers that could be eligible for
                                             Madam President, during this debate                     Section 222 of the Trade Act also provides           TAA. First, the provision adds firms that
                                           my colleagues have talked a lot about                   TAA to adversely affected secondary work-              supply testing, packaging, maintenance, and
                                           the promise of our economy and hope                     ers. Eligible secondary workers include (1)            transportation services to the list of down-
                                           for the future.                                         secondary workers that supply directly to              stream producers whose workers potentially
                                             I too am hopeful. I am hopeful be-                    another firm component parts for articles              are eligible for TAA. Second, workers at
                                           cause I know that with this legislation,                that were the basis for a certification of eli-        firms that supply services used in the pro-
                                                                                                   gibility for TAA benefits; and (2) down-               duction of articles or in the supply of serv-
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                                           we are trying to do what is best for
                                                                                                   stream workers that were affected by trade             ices would also become potentially eligible
                                           America.                                                                                                       for benefits. Third, the provision permits
                                                                                                   with Mexico or Canada.
                                             I am also hopeful because I believe,                    When the Department investigates work-               downstream producers to be eligible for TAA
                                           as Studs Terkel wrote, ‘‘Hope has never                 ers’ petitions, it requires firms and cus-             if the primary firm’s certification is linked
                                           trickled down. It has always sprung                     tomers to certify the questionnaires that the          to trade with any country, not just Canada
                                           up.’’                                                   workers’ firm and the firm’s customers sub-            or Mexico.




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                     S2053
                                             The provision requires the Secretary to ob-            lays off a number of its U.S.-based mainte-            renting of foreign facilities for the produc-
                                           tain information that the Secretary deter-               nance personnel and contracts with an inde-            tion of the article, supply of the service, or
                                           mines necessary to make certifications from              pendent aircraft maintenance company in a              acquisition of the article or service at issue;
                                           workers’ firms or customers of workers’                  foreign country, the laid off personnel are            or certified statements by a duly authorized
                                           firms through questionnaires and in such                 not covered under present law, even if they            representative at the workers’ firm that the
                                           other manner as the Secretary considers ap-              lost their jobs because of foreign competi-            firm intends to engage in production or serv-
                                           propriate. The provision also permits the                tion. The proponents believe such workers              ice relocation or foreign contracting.
                                           Secretary to seek additional information                 should be potentially eligible for TAA bene-             The proponents are aware of concerns that
                                           from other sources, including (1) officials or           fits.                                                  the Secretary may rely on inaccurate infor-
                                           employees of the workers’ firm; (2) officials               Similarly, the proponents believe that              mation in making its determinations, in-
                                           of customers of the firm; (3) officials of               workers who supply services at public agen-            cluding when denying certification of peti-
                                           unions or other duly recognized representa-              cies should be treated the same as their pri-          tions. The provision addresses these concerns
                                           tives of the petitioning workers; and (4) one-           vate-sector counterparts: if such workers are          by requiring the Secretary to obtain certifi-
                                           stop operators. The provision states that the            laid off because their employer contracts              cations of all information obtained from a
                                           Secretary shall require a firm or customer to            with a supplier in a foreign country for the           firm or customer through questionnaires as
                                           certify all information obtained through                 services that the workers had supplied, the            well as other information from a firm or cus-
                                           questionnaires, as well as other information             workers should be able to seek TAA benefits.           tomer that the Secretary relies upon in mak-
                                           that the Secretary relies upon in making a                  The provision provides that in cases in-            ing a determination under section 223, unless
                                           determination under section 223, unless the              volving production or service relocation or            the Secretary has a reasonable basis for de-
                                           Secretary has a reasonable basis for deter-              foreign contracting, a group of workers (in-           termining that the information is accurate
                                           mining that the information is accurate and              cluding workers in a public agency) may be             and complete.
                                           complete.                                                certified as eligible for adjustment assist-             The proponents are also aware of concerns
                                             The provision states that the Secretary                ance if the shift ‘‘contributed importantly’’          that some firms and customers fail to re-
                                           shall require a worker’s firm or a customer              to such workers’ separation or threat of sep-          spond to the Secretary’s requests for infor-
                                           of a worker’s firm to provide information by             aration. This requirement is identical to the          mation or provide inaccurate or incomplete
                                                                                                    existing causal link requirement in section            information. The subpoena, confidentiality
                                           subpoena if the firm or customer fails to pro-
                                                                                                    222(a)(2)(A)(iii), which establishes the cri-          of information, and penalty language in-
                                           vide the information within 20 days, unless
                                                                                                    teria for certifying workers on the basis of           cluded in this provision are designed to ad-
                                           the firm or customer demonstrates to the
                                                                                                    ‘‘increased imports.’’                                 dress these problems.
                                           Secretary’s satisfaction that the firm or cus-
                                                                                                       The proponents understand that the De-                The provision would also apply if the Sec-
                                           tomer will provide the information in a rea-
                                                                                                    partment of Labor has interpreted the ‘‘con-           retary needs to obtain information from a
                                           sonable period of time. The Secretary retains
                                                                                                    tributed importantly’’ requirement in sec-             customer’s customer, such as in an inves-
                                           the discretion to issue a subpoena sooner
                                                                                                    tion 222(a)(2)(A)(iii) to mean that imports            tigation involving component part suppliers.
                                           than 20 days if necessary. The provision also
                                           establishes standards for the protection of              must have been a factor in the layoffs or                                EFFECTIVE DATE
                                           confidential business information submitted              threat thereof. Or, in other words, under                The provision goes into effect upon expira-
                                           in response to a request made by the Sec-                present law the Secretary of Labor will cer-           tion of the 90-day period beginning on the
                                           retary.                                                  tify a group of workers as eligible for assist-        date of enactment of this Act, and applies to
                                             The provision amends the penalties provi-              ance if the facts demonstrate a causal nexus           petitions filed on or after that date.
                                           sion in section 244 of the Trade Act to cover            between increased imports and the workers’             Group Eligibility—Component Parts (Section
                                           individuals, including individuals who are               separation or threat thereof. The proponents               1701 (amending Section 222 of the Trade Act
                                           employed by firms and customers, who pro-                approve of the Department’s interpretation                 of 1974))
                                           vide information during an investigation of a            of the ‘‘contributed importantly’’ require-
                                                                                                                                                                              PRESENT LAW
                                           worker’s petition.                                       ment and expect that the Department will
                                                                                                    continue to apply it in future cases involving            Under present law, U.S. suppliers of inputs
                                             Finally, the provision amends section 247                                                                     (i.e., component parts) may be certified for
                                           of the Trade Act to add definitions for cer-             increased imports.
                                                                                                       Similarly, the proponents also understand           TAA benefits only pursuant to the secondary
                                           tain key terms and makes various con-                                                                           workers provision of section 222(b), which re-
                                           forming changes to sections 221 and 222.                 that the existing language in section
                                                                                                    222(a)(2)(B) addressing production relocation          quires that the downstream producer have
                                                           REASONS FOR CHANGE                       contains an implicit causation requirement.            employed a group of workers that received
                                             Most service sector workers presently are              Thus, the Department has required produc-              TAA certification. Thus, for example, domes-
                                           ineligible for TAA benefits because of a stat-           tion relocation under section 222(a)(2)(B) to          tic producers of taconite have been unable to
                                           utory requirement that the workers must                  be a factor in the workers’ separation or              obtain certification for TAA benefits when
                                           have been employed by a firm that produces               threat thereof. The provision makes the re-            downstream producers of steel slab have not
                                           an ‘‘article.’’ Of the 800 TAA petitions denied          quirement explicit.                                    obtained certification.
                                           in FY2006, almost half were denied for this                 The proponents emphasize that by making                Additionally, U.S. suppliers of inputs have
                                           reason. Most of the denied service-related pe-           the ‘‘contributed importantly’’ requirement            been unable to obtain certification for TAA
                                           titions came from two service industries:                in section 222(a)(2)(B) explicit, no change in         benefits in situations in which there is a
                                           business services (primarily computer-re-                the Department’s administration of cases in-           shift in imports from articles incorporating
                                           lated) and airport-related services (e.g., air-          volving production relocation is intended.             their inputs to articles incorporating inputs
                                           craft maintenance). In April 2006, the De-               The proponents expect that this change in              produced outside the United States.
                                           partment of Labor issued a regulation ex-                section 222 would not affect the outcomes                         EXPLANATION OF PROVISION
                                           panding TAA eligibility to software workers              that the Department has been reaching                    The provision allows for the certification
                                           that partially, but not fully, addresses the             under present law in such cases, and will not          of workers in a firm when imports of the fin-
                                           service worker coverage issue. See GAO Re-               alter outcomes in future cases. Thus, as has           ished article incorporating inputs produced
                                           port 07–702. The provision fully addresses the           been the case, if the Department finds that            outside the United States that are like or di-
                                           issue by making service sector workers eligi-            production relocation was a factor in the              rectly competitive with imports of the fin-
                                           ble for TAA on equivalent terms to workers               layoff (or threat thereof) of a group of work-         ished article produced using U.S. inputs have
                                           at firms that produce articles.                          ers in the United States, the proponents ex-           increased and the firm has met the other cri-
                                             The provision expands the ‘‘shift in produc-           pect that the Secretary will certify such              teria for certification, including a signifi-
                                           tion’’ prong of present law for similar rea-             workers as eligible for adjustment assist-             cant number of workers being totally or par-
                                           sons. Under present law, a worker whose                  ance.                                                  tially separated, a decrease in sales or pro-
                                           firm relocates to China is not necessarily eli-             Finally, with respect to certifications in-         duction, and the increase in imports has con-
                                           gible for TAA; such worker must also show                volving production or service relocations or           tributed importantly to the workers’ separa-
                                           that the relocation to China will result in in-          foreign contracting, the proponents recog-             tion.
                                           creased imports into the United States. In               nize that there may be delays in time be-                For example, under the new provision,
                                           contrast, a worker whose firm relocates to a             tween when the domestic layoffs (or threat             workers in a U.S. fabric plant may be cer-
                                           country with which the United States has a               of layoffs) occur, and when the production or          tified if the U.S. firm sold fabric to a Hon-
                                           trade agreement (e.g., Mexico, Israel, Chile)            service relocation or foreign contracting oc-          duran apparel manufacturer for production
                                           does not need to show increased imports. The             curs. The proponents intend that the Depart-           of apparel subsequently imported into the
                                           provision eliminates this disparate treat-               ment of Labor certify petitions where there            United States and (1) the Honduran apparel
                                           ment by making TAA benefits available in                 is credible evidence that production or serv-          manufacturer ceased purchasing, or de-
                                           both scenarios on the same terms.                        ice relocation or foreign contracting will             creased its purchasing, of fabric from the
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                                             Present law also fails to cover foreign con-           occur, and when the other requirements of              U.S. producer and, instead, used fabric from
                                           tracting scenarios, where a company closes a             the statute are met. Such evidence could in-           another country; or (2) imports of apparel
                                           domestic operation and contracts with a                  clude the conclusion of a contract relating to         from another country using non-U.S. fabric
                                           company in a foreign country for the goods               foreign production of the article, supply of           that are like or directly competitive with
                                           or services that had been produced in the                services, or acquisition of the article or serv-       imports of Honduran apparel using U.S. fab-
                                           United States. For example, if a U.S. airline            ice at issue; the construction, purchase, or           ric have increased.




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                                           S2054                                              CONGRESSIONAL RECORD — SENATE                                                       February 10, 2009
                                             Prior to certification, the Department of              under section 221 of the Trade Act on behalf            eral Register. Similarly, a termination of a
                                           Labor would also have to determine that the              of a group of workers in a firm, or appro-              certification, together with the Secretary’s
                                           firm met the other statutory requirements                priate subdivision of a firm, meets the re-             reasons for the termination, must be
                                           for certification, including that a significant          quirements of subsection 222(a) of the Trade            promptly published in the Federal Register.
                                           number of workers had been totally or par-               Act if the firm is publicly identified by name                     EXPLANATION OF PROVISION
                                           tially separated, or are threatened to become            by the U.S. International Trade Commission
                                           totally or partially separated, the sales or                                                                        This section requires the Secretary to pub-
                                                                                                    (‘‘ITC’’) as a member of a domestic industry
                                           production of the petitioning fabric firm had                                                                    lish (1) a summary of a group eligibility de-
                                                                                                    in (1) an affirmative determination of serious
                                           decreased, and the increased imports of ap-                                                                      termination, together with the Secretary’s
                                                                                                    injury or threat thereof in a global safeguard
                                           parel using non-U.S. fabric had contributed                                                                      reasons for the determination; and (2) a cer-
                                                                                                    investigation under section 202(b)(1) of the
                                           importantly to that decrease and to the                                                                          tification termination, together with the
                                                                                                    Trade Act; (2) an affirmative determination
                                           workers’ separation or threat thereof.                                                                           Secretary’s reasons for the termination,
                                                                                                    of market disruption or threat thereof in a
                                             Likewise, workers in a U.S. picture tube                                                                       promptly on the Department’s website (as
                                                                                                    China safeguard investigation under section
                                           manufacturing plant that sells picture tubes                                                                     well as in the Federal Register). The section
                                                                                                    421(b)(1) of the Trade Act; or (3) an affirma-
                                           to a Mexican television manufacturer for                                                                         also requires the Secretary to establish
                                                                                                    tive final determination of material injury
                                           production of televisions subsequently im-                                                                       standards for investigating petitions, and
                                                                                                    or threat thereof in an antidumping or coun-
                                           ported into the United States would be cer-                                                                      criteria for making determinations. More-
                                                                                                    tervailing duty investigation under section
                                           tified under section 222 if the U.S. manufac-                                                                    over, the Secretary is required to consult
                                                                                                    705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
                                           turer’s sales or production of picture tubes                                                                     with the Senate Committee on Finance
                                                                                                    1930     (19    U.S.C.     1671d(b)(1)(A)    and
                                           decreased and (1) the manufacturer of tele-                                                                      (‘‘Senate Finance Committee’’) and the Com-
                                                                                                    1673d(b)(1)(A)), but only if the petition is
                                           visions located in Mexico switched to picture                                                                    mittee on Ways and Means of the House of
                                                                                                    filed within 1 year of the date that notice of
                                           tubes produced in another country; or (2) im-                                                                    Representatives (‘‘House Committee on
                                                                                                    the affirmative ITC determination is pub-
                                           ports of televisions from another country                                                                        Ways and Means’’) 90 days prior to issuing a
                                                                                                    lished in the Federal Register (or, in the case
                                           using non-U.S. picture tubes that are like or                                                                    final rule on the standards.
                                                                                                    of a global safeguard investigation under
                                           directly competitive with imports of Mexi-               section 202(b)(1), a summary of the report                           REASONS FOR CHANGE
                                           can televisions using U.S. picture tubes have            submitted to the President by the ITC under               To improve accountability, transparency,
                                           increased.                                               section 202(f)(1) is published in the Federal           and public access to this information, the
                                             As in the apparel example above, prior to
                                                                                                    Register under section 202(f)(3)) and the               Secretary should be required to post (1) a
                                           certification, the Department of Labor would
                                                                                                    workers on whose behalf such petition was               summary of a group eligibility determina-
                                           also have to determine that the picture tube
                                                                                                    filed have become totally or partially sepa-            tion, together with the Secretary’s reasons
                                           firm met the other statutory requirements
                                           for certification, including that a significant          rated from such workers’ firm within either             for the determination; and (2) a certification
                                           number of workers had been totally or par-               that 1-year period or the 1-year period pre-            termination, together with the Secretary’s
                                           tially separated, or are threatened to become            ceding the date of such publication.                    reasons for the termination, promptly on the
                                           totally or partially separated, the sales or                              REASONS FOR CHANGE                     Department’s website (as well as in the Fed-
                                           production of the petitioning picture tube                  The proponents note that the provision al-           eral Register). The Secretary also should
                                           firm had decreased, and the increased im-                lows workers in firms publicly identified by            have objective and transparent standards for
                                           ports of televisions using non-U.S. picture              name in certain ITC investigations to be eli-           investigating petitions, and criteria for the
                                           tubes had contributed importantly to that                gible for adjustment assistance on the basis            basis on which an eligibility determination
                                           decrease and to the workers’ separation or               of an affirmative injury determination by               is made. The Secretary should consult with
                                           threat thereof.                                          the ITC under certain circumstances, and                Senate Finance and House Ways and Means
                                                                                                    without an additional determination by the              to ensure the intent of Congress is accu-
                                                           REASONS FOR CHANGE
                                                                                                    Secretary of Labor that either increased im-            rately reflected in such standards.
                                             Section 222(a) is being amended to provide
                                                                                                    ports of a like or directly competitive article                           EFFECTIVE DATE
                                           improved TAA coverage for U.S. suppliers of
                                           inputs, and to address situations where sup-             contributed importantly to such workers’                  The provision goes into effect upon expira-
                                           pliers of component parts have been unable               separation or threat of separation (and to an           tion of the 90-day period beginning on the
                                           to obtain certification for TAA benefits be-             absolute decline in the sales or production,            date of enactment of this Act, and applies to
                                           cause of gaps in coverage under present law.             or both, of such workers’ firm or subdivi-              petitions filed on or after that date.
                                             The amended language is broad enough to                sion), or that a shift in production of articles        Monitoring and Reporting Relating to Service
                                           encompass both the situation in which the                contributed importantly to such workers’                    Sector (Section 1704 (amending Section 282
                                           input producer’s customer switches to inputs             separation or threat of separation.                         of the Trade Act of 1974))
                                           produced outside the United States, and the                 In order for workers to avail themselves of
                                                                                                    this provision, the petition must be filed                                 PRESENT LAW
                                           situation in which the input producer’s cus-
                                           tomer is displaced by a third country pro-               with the Secretary (and with the Governor of              Present law requires the Secretaries of
                                           ducer, because both situations may equally               the State in which such workers’ firm or                Commerce and Labor to establish and main-
                                           impact the sales or production of the domes-             subdivision is located) within 1 year of the            tain a program to monitor imports of arti-
                                           tic input producer.                                      date of publication in the Federal Register of          cles into the United States, including (1) in-
                                             Additionally, for purposes of section                  the applicable notice from the ITC and the              formation concerning changes in import vol-
                                           222(a)(2)(A)(ii)(III), as in other instances,            workers on whose behalf such petition was               ume; (2) impacts on domestic production;
                                           when company-specific data is unavailable,               filed must have become totally or partially             and (3) impacts on domestic employment in
                                           the Secretary may reasonably rely on such                separated from such workers’ firm within ei-            industries producing like or competitive
                                           aggregate data or such other information as              ther that 1-year period or the 1-year period            products. Summaries must be provided to
                                           the Secretary deems appropriate.                         preceding such date of publication.                     the Adjustment Assistance Coordinating
                                             As reflected in the examples above, the                   If a petition is filed on behalf of such work-       Committee, the ITC, and Congress.
                                           proponents intend that the Secretary of                  ers more than 1 year after the date that the                       EXPLANATION OF PROVISION
                                           Labor should interpret the term component                applicable notice from the ITC is published
                                                                                                                                                              The provision is renamed ‘‘Trade Moni-
                                           parts, as used in section 222(a)(2)(A)(ii)(III),         in the Federal Register, it will remain nec-
                                                                                                                                                            toring and Data Collection.’’ The provision
                                           flexibly. For example, the proponents intend             essary for the Secretary of Labor to inves-
                                                                                                                                                            requires the Secretaries of Commerce and
                                           that uncut fabric would be considered to be              tigate the petition and determine that the
                                                                                                                                                            Labor to monitor imports of services (in ad-
                                           a component part of apparel for purposes of              statutory criteria for certifying such work-
                                                                                                                                                            dition to articles). To address data limita-
                                           this provision, even though, for purposes of             ers in section 222 are satisfied.
                                                                                                                                                            tions, the provision requires the Secretary of
                                           other trade laws, U.S. Customs and Border                                   EFFECTIVE DATE                       Labor, not later than 90 days after enact-
                                           Protection might not consider such fabric to
                                                                                                      The provision goes into effect upon expira-           ment, to collect data on impacted service
                                           be a component part.
                                                                                                    tion of the 90-day period beginning on the              workers (by State, industry, and cause). Fi-
                                                             EFFECTIVE DATE                         date of enactment of this Act, and applies to           nally, it requires the Secretary of Com-
                                             The provision goes into effect upon expira-            petitions filed on or after that date.                  merce, in consultation with the Secretary of
                                           tion of the 90-day period beginning on the               Determinations by the Secretary of Labor (Sec-          Labor, to report to Congress, not later than
                                           date of enactment of this Act, and applies to                tion 1703 (amending Section 223 of the Trade        one year after enactment, on ways to im-
                                           petitions filed on or after that date.                       Act of 1974))                                       prove the timeliness and coverage of data re-
                                           Separate Basis for Certification (Section 1702                               PRESENT LAW                         garding trade in services.
                                               (amending Section 222 of the Trade Act of                                                                                 REASONS FOR CHANGE
                                                                                                      The Secretary is required to investigate
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                                               1974))
                                                                                                    petitions filed by workers and determine                  Existing data on trade in services are
                                                              PRESENT LAW
                                                                                                    whether such workers are eligible for TAA               sparse. Because of the increases in trade in
                                             There is no provision in present law.                  benefits. A summary of such group eligi-                services, the proponents believe that it is
                                                     EXPLANATION OF PROVISION                       bility determination, together with the Sec-            critical that the government collect data on
                                            The provision amends section 222(c) of the              retary’s reasons for making the determina-              imports of services and the impact of these
                                           Trade Act by providing that a petition filed             tion, must be promptly published in the Fed-            imports on U.S. workers. Such information




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                       S2055
                                           will be useful when considering any further              State Vocational Education Boards and their             cies must ‘‘review’’ the waivers every thirty
                                           refinement of TAA that Congress may con-                 equivalent agencies, as well as other public            days.
                                           template. More generally, the additional                 and private institutions, about affirmative               If a worker fails to begin training or has
                                           data will give U.S. businesses and workers               group certification determinations and pro-             stopped participating in training without
                                           insight into trade in services, helping them             jections of training needs.                             justifiable cause or if the worker’s waiver is
                                           better compete in the global marketplace.                  The Secretary must also notify each work-             revoked, the worker will receive no income
                                                             EFFECTIVE DATE                         er who the State has reason to believe is cov-          support until the worker begins or resumes
                                                                                                    ered by a group certification in writing via            training.
                                             The provision goes into effect on the date
                                                                                                    U.S. Mail of the benefits available under                          EXPLANATION OF PROVISION
                                           of enactment of this Act.
                                                                                                    TAA. If the worker lost his job before group              The provision amends existing law to
                                           2. Subpart B—Industry Notifications Fol-                 certification, then the notice occurs at the
                                             lowing Certain Affirmative Determina-                                                                          change the date on which a worker can re-
                                                                                                    time of certification. If the worker lost her           ceive TAA income support from 60 days from
                                             tions                                                  job after group certification, then the notice          the date of the petition to the date of certifi-
                                           Notifications following certain affirmative deter-       occurs at the time the worker loses her job.            cation.
                                               minations (Section 1711 (amending Section            The Secretary must also publish notice in                 The provision strikes the 8/16 rule and ex-
                                               224 of the Trade Act of 1974))                       the newspapers circulating in the area where            tends the deadline for trade-impacted work-
                                                              PRESENT LAW                           the workers reside.                                     ers. If a worker lost his job before the certifi-
                                             Present law includes a provision requiring                        EXPLANATION OF PROVISION                     cation, then the worker has 26 weeks from
                                           the ITC to notify the Secretary of Labor                   The provision requires the Secretary of               the date of certification to enroll in training.
                                           when it begins a section 201 global safeguard            Labor, upon issuing a certification, to notify          If the worker lost his job after certification,
                                           investigation. The Secretary must then                   the Secretary of Commerce of the identity of            he has 26 weeks from the date he lost his job
                                           begin an investigation of (1) the number of              the firms covered by a certification.                   to enroll in training.
                                           workers in the relevant domestic industry;                                                                         The provision also gives the Secretary the
                                                                                                                     REASONS FOR CHANGE
                                           and (2) whether TAA will help such workers                                                                       authority to waive the new 26 week training
                                           adjust to import competition. The Secretary                Firms employing workers certified as eligi-           enrollment deadline if a worker was not
                                           of Labor must submit a report to the Presi-              ble for TAA benefits may not be aware that              given timely notice of the deadline.
                                           dent within 15 days of the ITC’s section 201             they may be eligible for assistance under the             The provision clarifies that the ‘‘market-
                                           determination. The Secretary’s report must               TAA for Firms program. Requiring the Sec-               able skills’’ training waiver may apply to
                                           be made public and a summary printed in the              retary of Labor to notify the Secretary of              workers who have post-graduate degrees
                                           Federal Register.                                        Commerce when workers at a firm are cer-                from accredited institutions of higher edu-
                                                                                                    tified as TAA eligible will help put these              cation.
                                                     EXPLANATION OF PROVISION
                                                                                                    firms on notice of their potential TAA for                The provision requires the State to review
                                              The provision expands the notification re-            Firms eligibility.                                      training waivers 3 months after such waiver
                                           quirement to instruct the ITC to notify the                                 EFFECTIVE DATE                       is issued, and every month thereafter.
                                           Secretary of Labor and the Secretary of
                                                                                                      The provision goes into effect upon expira-                        REASONS FOR CHANGE
                                           Commerce, or the Secretary of Agriculture
                                           when dealing with agricultural commodities,              tion of the 90-day period beginning on the                The proponents believe that the 60–day
                                           when it issues an affirmative determination              date of enactment of this Act, and applies to           rule makes little sense and leads to the fol-
                                           of injury or threat thereof under sections 202           petitions filed on or after that date.                  lowing scenario: a worker laid off well before
                                           or 421 of the Trade Act, an affirmative safe-                    3. Subpart C—Program Benefits                   certification could exhaust his unemploy-
                                           guard determination under a U.S. trade                                                                           ment insurance and yet have to wait to re-
                                                                                                    Qualifying requirements for workers (Section
                                           agreement, or an affirmative determination                                                                       ceive the trade readjustment assistance to
                                                                                                        1721 (amending Section 231 of the Trade Act
                                           in a countervailing duty or dumping inves-                                                                       which the worker was otherwise entitled.
                                                                                                        of 1974))
                                           tigation under sections 705 or 735 of the Tar-                                                                     The Government Accountability Office, the
                                                                                                                        PRESENT LAW                         Department of Labor, the states, and work-
                                           iff Act of 1930. Additionally, the provision re-
                                           quires the President to notify the Secre-                   Present law authorizes a worker to receive           ers’ advocacy groups have criticized the 8/16
                                           taries of Labor and Commerce upon making                 TAA income support (known as ‘‘Trade Re-                deadline as being too short. First, these
                                           an affirmative determination in a safeguard              adjustment Allowance’’ or ‘‘TRA’’) for weeks            deadlines often occur while the worker is
                                           investigation relating to textile and apparel            of unemployment that begin 60 days after                still on traditional UI (most workers receive
                                           articles. Whenever an injury determination               the date of filing the petition on which cer-           up to 26 weeks of State UI compensation).
                                           is made, the Secretary of Labor must notify              tification was granted.                                 During those 26 weeks, most workers are ac-
                                           employers, workers, and unions of firms cov-                To qualify for TAA benefits, a worker must           tively engaged in a job search and are not fo-
                                           ered by the determination of the workers’                have (1) lost his job on or after the trade im-         cused on retraining. Forcing workers to en-
                                           potential eligibility for TAA benefits and               pact date identified in the certification, and          roll in training at such an early stage can
                                           provide them with assistance in filing peti-             within two years of the date of the certifi-            discourage active job search. Second, typi-
                                           tions. Similarly, the Secretary of Commerce              cation determination; (2) been employed by              cally, a worker decides to consider training
                                           must notify firms covered by the determina-              the TAA certified firm for at least 26 of the           only after an extended period of unsuccessful
                                           tion of their potential eligibility for TAA for          52 weeks preceding the layoff; and (3) earned           job searching. Under present law, workers
                                           Firms and provide them with assistance in                at least $30 or more a week in that employ-             are only beginning to consider training op-
                                           filing petitions, and the Secretary of Agri-             ment.                                                   tions close to the 8/16 deadline, and often
                                           culture must do the same for investigations                 A worker must qualify for, and exhaust,              make hurried decisions about training mere-
                                           involving agricultural commodities.                      his State unemployment compensation                     ly to preserve their TAA eligibility. Third,
                                                                                                    (‘‘UC’’) benefits before receiving a weekly             when large numbers of certified workers are
                                                           REASONS FOR CHANGE
                                                                                                    TRA.                                                    laid off all at once, it can be difficult for
                                             A significant hurdle to ensuring that work-               Further, to receive TRA, a worker must be            TAA administrators to perform adequate
                                           ers and firms avail themselves of TAA bene-              enrolled in an approved training program by             training assessments and meet the 8/16 dead-
                                           fits is the lack of awareness about the pro-             the later of 8 weeks after the TAA petition             line. See GAO Report 04–1012. Therefore, ex-
                                           gram. In situations like these, where the ITC            was certified, or 16 weeks after job loss (the          tending the enrollment deadlines to the later
                                           has made a determination that a domestic                 ‘‘8/16’’ deadline). The 8/16 deadline can be ex-        of 26 weeks after layoff or certification
                                           industry has been injured as a result of                 tended in certain limited circumstances.                would provide a reasonable period for a
                                           trade, giving notice to the workers and firms            Workers may also receive limited waivers of             worker to search for employment and con-
                                           in that industry of TAA’s potential benefits             the 8/16 training enrollment deadline.                  sider training options, as well as for the
                                           is warranted.                                               Present law provides for waivers in the fol-         State to assess workers and meet the enroll-
                                                             EFFECTIVE DATE                         lowing circumstances: (1) the worker has                ment deadlines.
                                             The provision goes into effect upon expira-            been or will be recalled by the firm; (2) the             While recognizing the necessity of waivers
                                           tion of the 90-day period beginning on the               worker possesses marketable skills; (3) the             in certain circumstances, states have identi-
                                           date of enactment of this Act, and applies to            worker is within 2 years of retirement; (4)             fied the monthly review of waivers to be bur-
                                           petitions filed on or after that date.                   the worker cannot participate in training be-           densome. Many states have complained that
                                                                                                    cause of health reasons; (5) training enroll-           processing the sheer volume of waivers re-
                                           Notification to Secretary of Commerce (Section
                                                                                                    ment is unavailable; or (6) training is not             quires significant administrative time and
                                               1712 (amending Section 225 of the Trade Act
                                                                                                    reasonably available to the worker (nothing             cost. For example, according to GAO, 59,375
                                               of 1974))
                                                                                                    suitable, no reasonable cost, no training               waivers were issued in 2005 (and 60,948 in
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                                                              PRESENT LAW                           funds).                                                 2004). The new requirement that waivers be
                                             Under present law, the Secretary of Labor                 Waivers last 6 months, unless the Sec-               reviewed initially three months rather than
                                           must provide workers with information                    retary determines otherwise, and will be re-            one month after they are issued reduces the
                                           about TAA and provide whatever assistance                voked if the basis for the waiver no longer             administrative burden while continuing to
                                           is necessary to help petitioners apply for               exists. States have the authority to issue              provide for appropriate review, thus allowing
                                           TAA. The Secretary must also reach out to                waivers. By regulation, State and local agen-           the State to ensure the worker continues to




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                                           S2056                                              CONGRESSIONAL RECORD — SENATE                                                        February 10, 2009
                                           qualify for the waiver. The provision does               TRA must otherwise be used over a consecu-                            REASONS FOR CHANGE
                                           not require a review of waivers issued on the            tive period (e.g., 52 consecutive weeks).                  The proponents believe that tolling of
                                           basis that an adversely affected worker is                 Participation in remedial training makes a
                                                                                                                                                             deadlines is necessary; otherwise judicial re-
                                           within two years of being eligible for Social            worker eligible for up to 26 more weeks of
                                                                                                                                                             lief obtained from a successful court chal-
                                           Security benefits or a private pension. The              TRA.
                                                                                                                                                             lenge would be meaningless, as the decision
                                           status of such workers is unlikely to change                         EXPLANATION OF PROVISION                     of the court will inevitably take place after
                                           and thus, automatic review of their waivers                The provision increases the number of                  the TAA program eligibility deadlines have
                                           is a waste of resources. States still retain             weeks for which a worker can receive Addi-               passed. The Department of Labor provides
                                           the discretion to review such waivers if cir-            tional TRA from 52 to 78 and expands the                 for similar tolling in its present and pro-
                                           cumstances warrant.                                      time within which a worker can receive such              posed regulations.
                                             When a worker has failed to meet the                   Additional TRA from 52 weeks to 91 weeks.                  Similarly, the proponents believe that af-
                                           training enrollment deadline through no                                    REASONS FOR CHANGE                     fording the Secretary flexibility in instances
                                           fault of his own, the proponents believe that
                                                                                                      The proponents believe that the program                where a worker is ineligible through no fault
                                           there should be redress. Under present law,
                                                                                                    must provide incentives for eligible workers             of her own is consistent with the spirit of the
                                           there is none. The Department of Labor has
                                                                                                    to participate in long term training, such as            program and will help ensure that workers
                                           acknowledged that this is a problem.
                                                                                                    a two-year Associate’s degree, a nursing cer-            get the retraining they need. The amend-
                                                             EFFECTIVE DATE                         tification, or completion of a four-year de-             ment permits the Secretary to extend the pe-
                                             The provision goes into effect upon expira-            gree (if that four-year degree was previously            riods during which trade readjustment allow-
                                           tion of the 90-day period beginning on the               initiated or if the worker will complete it              ances may be paid to an individual if there is
                                           date of enactment of this Act, and applies to            using non-TAA funds).                                    justifiable cause. The provision does not in-
                                           petitions filed on or after that date.                     Typically, workers cannot participate in a             crease the amount of such allowances that
                                           Weekly amounts (Section 1722 (amending Sec-              training program without TAA income sup-                 are payable. The proponents intend that the
                                               tion 232 of the Trade Act of 1974))                  port. Thus, because many workers exhaust                 justifiable cause extension should allow the
                                                                                                    at least some of their basic TRA while they              Secretary equitable authority to address un-
                                                              PRESENT LAW
                                                                                                    seek another job instead of beginning train-             foreseen circumstances, such as a health
                                             TRA is the income support that workers                 ing, they are limited to shorter-term train-             emergency.
                                           receive weekly. It is equal to the worker’s              ing options, both practically and because                  The 210 day deadline is superseded by the 8/
                                           weekly UI benefit. TRA is divided into two               training approvals are usually tied to the pe-           16 deadline in current law, the new 26/26 en-
                                           main periods: ‘‘Basic TRA’’ and ‘‘Additional             riod of TRA eligibility. The purpose of the              rollment deadlines under these amendments,
                                           TRA.’’                                                   additional 26 weeks of income support, for a             and the requirement that a worker be in
                                             Under present law, because of the oper-                total of 78 weeks of additional TRA, is to               training to receive additional TRA.
                                           ation of State UI laws, workers who are in               provide an opportunity for workers to en-
                                           training and working part-time run the risk                                                                                         EFFECTIVE DATE
                                                                                                    gage in long term training that might not
                                           of resetting their UI benefits (and their TRA            have otherwise been a viable option.                       The provision goes into effect upon expira-
                                           benefit) at the lower part-time level which                The proponents note that the Department                tion of the 90-day period beginning on the
                                           would leave them with insufficient income                of Labor’s practice is to approve, before                date of enactment of this Act, and applies to
                                           support to continue with training.                       training begins, a training program con-                 petitions filed on or after that date.
                                                     EXPLANATION OF PROVISION                       sisting of a course or related group of                  Application of State Laws and Regulations on
                                             The provision amends existing law to (1)               courses designed for an individual to meet a                Good Cause for Waiver of Time Limits or
                                           disregard, for purposes of determining a                 specific     occupational    goal.   20   CFR               Late Filing of Claims (Section 1725 (amend-
                                           worker’s weekly TRA amount, earnings from                617.22(f)(3)(i). Nothing in this section is in-             ing Section 234 of the Trade Act of 1974))
                                           a week of work equal to or less than the                 tended to change current Department of
                                                                                                                                                                                PRESENT LAW
                                           worker’s most recent unemployment insur-                 Labor practice. The additional 26 weeks of
                                           ance benefits where the worker is working                income support are intended to provide more                A State’s unemployment insurance laws
                                           part-time and participating in full-time                 options for long term training at the time               apply to a worker’s claims for TRA.
                                           training; and (2) ensure that workers will re-           when this individual training program is de-                        EXPLANATION OF PROVISION
                                           tain the amount of income support provided               signed and approved.
                                                                                                      In short, the new, additional income sup-                The provision makes a State’s ‘‘good
                                           initially under TRA even if a new UI benefit                                                                      cause’’ law, regulations, policies, and prac-
                                           period (with a lower weekly amount) is es-               port is available only for workers in long
                                                                                                    term training.                                           tices applicable when the State is making
                                           tablished due to the worker obtaining part-                                                                       determinations concerning a worker’s claim
                                           time or short-term full-time employment.                   The proponents note that, at the same
                                                                                                    time, it is not their intent to limit the Sec-           for TRA or other adjustment assistance.
                                                           REASONS FOR CHANGE
                                                                                                    retary’s ability, in certain, limited cir-                            REASONS FOR CHANGE
                                             The proponents believe that the disincen-              cumstances, to modify a worker’s training                  Most States have ‘‘good cause’’ laws allow-
                                           tive to combining full-time training and                 program where the Secretary determines                   ing the waiver of a statutory deadline when
                                           part-time work needs to be removed so that               that the current training program is no                  the deadline was missed because of agency
                                           workers who might not otherwise be in                    longer appropriate for the individual.                   error or for other reasons where the claim-
                                           training, but for the additional income they                                 EFFECTIVE DATE                       ant was not at fault. These good cause laws
                                           earn working part-time, are not excluded
                                                                                                      The provision goes into effect upon expira-            apply to administration of State UI laws.
                                           from the program.
                                                                                                    tion of the 90-day period beginning on the               The Department of Labor, by regulation, has
                                                             EFFECTIVE DATE                         date of enactment of this Act, and applies to            precluded application of State good cause
                                             The provision goes into effect upon expira-            petitions filed on or after that date.                   laws to TAA. This prohibition unjustifiably
                                           tion of the 90-day period beginning on the               Special Rules for Calculation of Eligibility Pe-         penalizes workers who miss a deadline
                                           date of enactment of this Act, and applies to                riod (Section 1724 (amending Section 233 of          through no fault of their own.
                                           petitions filed on or after that date.                       the Trade Act of 1974))                                                EFFECTIVE DATE
                                           Limitations on Trade Readjustment Allowances;                                 PRESENT LAW
                                                                                                                                                               The provision goes into effect upon expira-
                                               Allowances for Extended Training and                      There is no provision in present law.               tion of the 90-day period beginning on the
                                               Breaks in Training (Section 1723 (amending                       EXPLANATION OF PROVISION                     date of enactment of this Act, and applies to
                                               Section 233(a) of the Trade Act of 1974))
                                                                                                      The provision states that periods during               petitions filed on or after that date.
                                                              PRESENT LAW                           which an administrative or judicial appeal of            Employment and Case Management Services;
                                             Basic TRA is available for 52 weeks minus              a negative determination is pending will not                Administrative Expenses and Employment
                                           the number of weeks of unemployment insur-               be counted when calculating a worker’s eli-                 and Case Management Services (Sections
                                           ance for which the worker was eligible (usu-             gibility for TRA. Moreover, the provision                   1726 and 1727 (amending Section 235 of the
                                           ally 26 weeks). Basic TRA must be used with-             also grants justifiable cause authority to the              Trade Act of 1974))
                                           in 104 weeks after the worker lost his job (130          Secretary to extend certain applicable dead-
                                           weeks for workers requiring remedial train-                                                                                          PRESENT LAW
                                                                                                    lines concerning receipt of Basic and Addi-
                                           ing). Any Basic TRA not used in that period              tional TRA. Further, the provision allows                   Present law requires the Secretary of
                                           is foregone.                                             workers called up for active duty military or            Labor to make ‘‘every reasonable effort’’ to
                                             Additional TRA is available for up to 52               full-time National Guard service to restart              secure services for affected workers covered
                                           more weeks if the worker is enrolled in and              the TAA enrollment process after comple-                 by a certification including ‘‘counseling,
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                                           participating in training. The worker re-                tion of such service.                                    testing, and placement services’’ and
                                           ceives Additional TRA only for weeks in                    The provision also strikes the 210 day rule,           ‘‘[s]upportive and other services provided for
                                           training. A worker on an approved break in               which mandates that a worker is not eligible             under any other Federal law,’’ including WIA
                                           training of 30 days or less is considered to be          for additional TRA payments if the worker                one-stop services. Typically, the Secretary
                                           participating in training and therefore eligi-           has not applied for training 210 days from               provides these services through agreements
                                           ble for TRA during that period. Additional               certification or job loss, whichever is later.           with the States.




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                     S2057
                                                     EXPLANATION OF PROVISION                       throughout the year according to need; most            the worker, but may not require the worker
                                             The provisions require the Secretary and               of the remaining funds are disbursed at the            to obtain such funds as a condition for ap-
                                           the States to, among other things (1) per-               end of the fiscal year. States have 3 years to         proval of training. This means, for example,
                                           form comprehensive and specialized assess-               spend their federal funds. If the funds are not        that if a training program would be deter-
                                           ments of enrollees’ skill levels and needs; (2)          spent, the money reverts back to the General           mined not to have a reasonable cost if only
                                           develop individual employment plans for                  Treasury.                                              the use of TAA training funds were consid-
                                           each impacted worker; and (3) provide enroll-              Under present law, the Secretary shall ap-           ered, the Secretary may consider the avail-
                                           ees with (a) information on available train-             prove training if (1) there is no suitable em-         ability of other public and private funds to
                                           ing and how to apply for such training, (b)              ployment; (2) the worker would benefit from            the worker. If the worker voluntarily com-
                                           information on how to apply for financial                appropriate training; (3) there is a reason-           mits to using such funds to supplement the
                                           aid, (c) information on how to apply for such            able expectation of employment following               TAA training funds to pay for the training
                                           training, (d) short-term prevocational serv-             training (although not necessarily imme-               program, the training program may be ap-
                                           ices, (e) individual career counseling, (f) em-          diately available employment); (4) the ap-             proved. However, the Secretary may not re-
                                           ployment statistics information, and (g) in-             proved training is reasonably available to             quire the worker to use the other public or
                                           formation on the availability of supportive              the worker; (5) the worker is qualified for the        private funds where the costs of the training
                                           services.                                                training; and (6) training is suitable and             program would be reasonable using only
                                             The provision requires the Secretary, ei-              available at a reasonable cost. ‘‘Insofar as           TAA training funds.
                                           ther directly or through the States (through             possible,’’ the Secretary is supposed to en-             Finally, the provision requires the Sec-
                                           cooperating agreements), to make the em-                 sure the provision of training on the job.             retary to issue regulations in consultation
                                                                                                    Training will be paid for directly by the Sec-         with the Senate Finance Committee and the
                                           ployment and case management services de-
                                                                                                    retary or using vouchers.                              House Committee on Ways and Means.
                                           scribed in section 235 available to TAA eligi-
                                           ble workers. TAA eligible workers are not re-              One of the statutory criteria for approval                        REASONS FOR CHANGE
                                           quired to accept or participate in such serv-            of training is that the worker be qualified to            The proponents believe that the training
                                           ices, however, if they choose not to do so.              undertake and complete such training. The              cap needs to be increased for two reasons.
                                             These provisions provide for each State to             statute doesn’t specifically address how the           First, more funding is needed to cover the
                                           receive funds equal to 15 percent of its train-          income support available to a worker is to be          expanded group of TAA eligible workers be-
                                           ing funding allocation on top of its training            considered in determining the length of                cause of changes made elsewhere in the bill
                                           fund allocation. Not more than two-thirds of             training the worker is qualified to under-             (e.g., coverage of service workers, expanded
                                           these additional funds may be used to cover              take. Another of the statutory training ap-            coverage of manufacturing workers). Second,
                                           administrative expenses, and not less than               proval criteria is that the training is avail-         during high periods of TAA usage, the exist-
                                           one-third of such funds may be used for the              able at a reasonable cost. The statute                 ing training funding has proved to be insuffi-
                                           purpose of providing employment and case                 doesn’t specifically address if funds other            cient. Some states have run out of training
                                           management services, as defined under sec-               than those available under TAA may be con-             funds, resulting in some States freezing en-
                                           tion 235. Finally, the section provides for an           sidered in making this determination.                  rollment of eligible workers in training. See
                                           additional $350,000 to be provided to each                          EXPLANATION OF PROVISION
                                                                                                                                                           GAO–04–1012.
                                           State annually for the purpose of providing                                                                        As the GAO has documented, there are sig-
                                                                                                      The provision strikes the obsolete require-          nificant problems with the Department’s
                                           employment and case management services.                 ment that the Secretary of Labor shall ‘‘as-
                                           With respect to these latter funds, States                                                                      method of allocating training funds. The pri-
                                                                                                    sure the provision’’ of training on the job.           mary problem is that the Department of La-
                                           may decline or otherwise return such funds                 This provision increases the training cap
                                           to the Secretary.                                                                                               bor’s method of allocation appears to result
                                                                                                    from $220,000,000 to $575,000,000 in FY2009 and        in insufficient funds for some States. This
                                                           REASONS FOR CHANGE                       FY2010, prorated for the period beginning Oc-          appears to be occurring because of the De-
                                             States incur costs to administer the TAA               tober 1, 2010 and ending December 31, 2010.            partment’s reliance on historical usage and a
                                           program, including for processing applica-                 The provision requires the Secretary to              ‘‘hold harmless’’ policy. In particular, States
                                           tions and providing employment and case                  make an initial distribution of training               that were experiencing heavy layoffs at the
                                           management services. While appropriators                 funds to the States as soon as practicable             time the initial allocation formula was im-
                                           customarily provide the Department of                    after the beginning of the fiscal year based           plemented may no longer be experiencing
                                           Labor with administrative funds equal to 15              on the following criteria: (1) the trend in            layoffs at the same rate, but still receive sig-
                                           percent of the total training funds for dis-             numbers of certified workers; (2) the trend in         nificant allocations from the Department. In
                                           bursement to the States, the proponents be-              numbers of workers participating in train-             contrast, a State experiencing relatively few
                                           lieve that this practice should be codified,             ing; (3) the number of workers enrolled in             layoffs several years ago may now have far
                                           with the changes discussed above.                        training; (4) the estimated amount of fund-            greater numbers of layoffs, but still receives
                                             The proponents believe that the employ-                ing needed to provide approved training; and           a limited amount in its distribution. In
                                           ment services and case management funding                (5) other factors the Secretary determines             short, the allocation that States receive at
                                           provided for in this section should be in addi-          are appropriate. The provision specifies that          the beginning of the fiscal year may not re-
                                           tion to, and not offset, any funds that the              initial distribution of training funds to a            flect their present demand for training serv-
                                           State would otherwise receive under WIA or               State may not be less than 25 percent of the           ices. The provision addresses these problems
                                           any other program.                                       initial distribution to that State in the pre-         by lowering the ‘‘hold harmless’’ provision to
                                                             EFFECTIVE DATE                         vious fiscal year.                                     25 percent, requiring initial and subsequent
                                             The provision goes into effect upon expira-              The provision requires the Secretary to es-          distributions to be based on need, and by re-
                                           tion of the 90-day period beginning on the               tablish procedures for the distribution of the         quiring that 90 percent of the funds be allo-
                                           date of enactment of this Act, and applies to            funds held in reserve, which may include the           cated by July 15 of each fiscal year. Addi-
                                           petitions filed on or after that date.                   distribution of such funds in response to re-          tionally, the proponents expect the Sec-
                                                                                                    quests made by States in need of additional            retary to distribute the remaining funds as
                                           Training Funding (Section 1728 (amending Sec-            training funds. The provision also requires
                                               tion 236 of the Trade Act of 1974))                                                                         soon as possible after that date.
                                                                                                    the Secretary to distribute 65 percent of the             In order to facilitate the approval of
                                                              PRESENT LAW                           training funds in the initial distribution, and        longer-term training, the proponents intend
                                             The total amount of annual training fund-              to distribute at least 90 percent of training          to ensure that the period of approved train-
                                           ing provided for under present law is                    funds for a particular fiscal year by July 15          ing is not necessarily limited to the duration
                                           $220,000,000. During the year, if the Secretary          of that fiscal year.                                   of TRA. Where the worker demonstrates the
                                           determines that there is inadequate funding                The provision directs the Secretary to de-           ability to pay living expenses while in TAA
                                           to meet the demand for training, the Sec-                cide how to distribute funds if training costs         funded training after TRA is exhausted, such
                                           retary has the authority to decide how to ap-            will exceed available funds.                           training should be approved if the other
                                           portion the remaining funds to the States.                 The provision would specify that in deter-           training approval criteria are also met.
                                             Based on internal department policy, at                mining if a worker is qualified to undertake              The proponents intend to ensure that
                                           the beginning of each fiscal year, the Depart-           and complete training, the training may be             training programs that would otherwise not
                                           ment of Labor allocates 75 percent of the                approved for a period that is longer than the          be approved under TAA due to costs may be
                                           training funds to States based on each                   period for which TRA is available if the               approved if a worker voluntarily commits to
                                           State’s training expenditures and the aver-              worker demonstrates the financial ability to           using supplemental public or private funds
                                           age number of training participants over the             complete the training after TRA is ex-                 to pay a portion of the costs.
                                           previous 21⁄2 years. The previous year’s allo-           hausted. It is intended that financial ability            It is also the intent that, together, these
                                           cation serves as a floor. The Department of              means the ability to pay living expenses               amendments to the training approval cri-
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                                           Labor also has a ‘‘hold harmless’’ policy that           while in TAA-funded training after the pe-             teria allow training to be approved for a pe-
                                           ensures that each State’s initial allocation             riod of TRA eligibility.                               riod that is longer than the period for which
                                           can be no less than 85 percent of its initial              The provision would specify that in deter-           TRA and TAA-funded training is available if
                                           allocation in the previous year. The Depart-             mining whether the costs of training are rea-          the worker demonstrates the financial abil-
                                           ment of Labor holds the remaining 25 per-                sonable, the Secretary may consider whether            ity to pay living expenses and pay for the ad-
                                           cent in reserve to distribute to States                  other public or private funds are available to         ditional training costs using other funds




                                     VerDate Nov 24 2008    01:11 Feb 11, 2009   Jkt 079060   PO 00000   Frm 00021   Fmt 0624   Sfmt 0634   E:\CR\FM\A10FE6.061   S10FEPT1
                                           S2058                                              CONGRESSIONAL RECORD — SENATE                                                       February 10, 2009
                                           after TRA and the TAA-funded training are                those approved under WIA. According to the              period of time and are doing the same type of
                                           exhausted.                                               Congressional Research Service, many com-               work.
                                                             EFFECTIVE DATE                         munity colleges, for instance, do not get                                 EFFECTIVE DATE
                                                                                                    WIA certification because of its costly re-               The provision goes into effect upon expira-
                                              The provision increasing the training cap
                                                                                                    porting requirements. To limit TAA training             tion of the 90-day period beginning on the
                                           goes into effect upon the date of enactment
                                                                                                    opportunities in this way unacceptably curbs            date of enactment of this Act, and applies to
                                           of this Act. The provisions relating to train-
                                                                                                    the scope of training that TAA enrollees                petitions filed on or after that date.
                                           ing fund distribution procedures go into ef-
                                                                                                    might elect to participate in and potentially
                                           fect October 1, 2009. The other provisions in                                                                    Eligibility for Unemployment Insurance and
                                                                                                    impairs their ability to get retrained and re-
                                           this section go into effect upon expiration of                                                                       Program Benefits While in Training (Sec-
                                                                                                    employed.
                                           the 90-day period beginning on the date of                                                                           tion 1732 (amending Section 236 of the Trade
                                           enactment of this Act, and apply to petitions                               EFFECTIVE DATE
                                                                                                                                                                Act of 1974))
                                           filed on or after that date.                               The provision goes into effect upon expira-                              PRESENT LAW
                                           Prerequisite Education, Approved Training Pro-           tion of the 90-day period beginning on the
                                                                                                                                                              Current law states that a worker may not
                                               grams (Section 1729 (amending Section 236            date of enactment of this Act, and applies to
                                                                                                                                                            be deemed ineligible for UI (and thus, TAA)
                                               of the Trade Act of 1974))                           petitions filed on or after that date.
                                                                                                                                                            if they are in training or leave unsuitable
                                                              PRESENT LAW                           Pre-Layoff and Part-Time Training (Section              work to enter training.
                                                                                                        1730 (amending Section 236 of the Trade Act
                                             Under present law, approvable training in-                                                                                EXPLANATION OF PROVISION
                                                                                                        of 1974))
                                           cludes employer-based training (on-the-job                                                                         The provision states that a worker will not
                                           training/customized training), training ap-                                  PRESENT LAW
                                                                                                                                                            be ineligible for UI or TAA if the worker (1)
                                           proved under the Workforce Investment Act                  Present law does not permit pre-layoff or             is in training, even if the worker does not
                                           of 1998, training approved by a private indus-           part-time training,                                     meet the requirements of availability for
                                           try council, any remedial education pro-                            EXPLANATION OF PROVISION                     work, active work search, or refusal to ac-
                                           gram, any training program whose costs are                 This provision specifies that the Secretary           cept work under Federal and State UI law;
                                           paid by another federal or State program,                may approve training for a worker who (1) is            (2) leaves work to participate in training, in-
                                           and any other program approved by the Sec-               a member of a group of workers that has                 cluding temporary work during a break in
                                           retary. Additionally, remedial training is ap-           been certified as eligible to apply for TAA             training; or (3) leaves OJT that did not meet
                                           provable and participation in such training              benefits; (2) has not been totally or partially         the requirements of this Act within 30 days
                                           makes a worker eligible for up to 26 more                separated from employment; and (3) is deter-            of commencing such training.
                                           weeks of TAA-related income support.                     mined to be individually threatened with                             REASONS FOR CHANGE
                                                     EXPLANATION OF PROVISION                       total or partial separation. Such training                The proponents are concerned that confu-
                                             The provision clarifies that existing law al-          may not include on-the-job training, or cus-            sion in present UI law surrounding a work-
                                           lows training funds to be used to pay for ap-            tomized training unless such customized                 er’s decision to quit work to enter training
                                           prenticeship programs, any prerequisite edu-             training is for a position other than the               and the ramifications of that decision from a
                                           cation required to enroll in training, and               workers’ current position.                              UI eligibility perspective may preclude a
                                           training at an accredited institution of high-             Additionally, the provision permits the               worker from being able to participate in
                                           er education (such as those covered by 102 of            Secretary to approve part-time training, but            TAA training. The provision is meant to
                                           the Higher Education Act), including train-              clarifies that a worker enrolled in part-time           eliminate that confusion.
                                           ing to obtain or complete a degree or certifi-           training is not eligible for a TRA.                                       EFFECTIVE DATE
                                           cation program (where completion of the de-                               REASONS FOR CHANGE                       The provision goes into effect upon expira-
                                           gree or certification can be reasonably ex-                This provision explicitly establishes Con-            tion of the 90-day period beginning on the
                                           pected to result in employment). The provi-              gress’ intent that workers be eligible to re-           date of enactment of this Act, and applies to
                                           sion also prohibits the Secretary from lim-              ceive pre-layoff and part-time training.                petitions filed on or after that date.
                                           iting training approval to programs provided
                                           pursuant to the Workforce Investment Act of                                 EFFECTIVE DATE                       Job Search and Relocation Allowances (Section
                                           1998.                                                      The provision goes into effect upon expira-               1733 (amending Section 237 of the Trade Act
                                             The provision offers up to an additional 26            tion of the 90-day period beginning on the                  of 1974))
                                           weeks of income support while workers take               date of enactment of this Act, and applies to                              PRESENT LAW
                                           prerequisite training or remedial training               petitions filed on or after that date.                    The Secretary may grant an application
                                           necessary to enter a training program. A                 On-the-Job Training (Section 1731 (amending             for a job search allowance where (1) the al-
                                           worker may enroll in remedial training or                    Section 236 of the Trade Act of 1974))              lowance will help the totally separated
                                           prerequisite training, or both, but may not                                  PRESENT LAW                         worker find a job in the United States; (2)
                                           receive more than 26 weeks of additional in-                                                                     suitable employment is not available in the
                                                                                                      Current law provides that the Secretary
                                           come support.                                                                                                    local area; and (3) the application is filed by
                                                                                                    may approve on-the-job training (‘‘OJT’’),
                                                           REASONS FOR CHANGE                       but does not govern the content of accept-              the later of (a) 1 year from separation, (b) 1
                                             Present law does not explicitly state                  able OJT.                                               year from certification, or (c) 6 months after
                                           whether TAA training funds may be used to                                                                        completing training (unless the worker re-
                                                                                                               EXPLANATION OF PROVISION                     ceived a waiver, in which case the worker
                                           obtain a college or advanced degree. Some
                                                                                                      This provision permits the Secretary to ap-           must file by the later of one year after sepa-
                                           States have interpreted this silence to pre-
                                                                                                    prove OJT for any adversely affected worker             ration or certification). A worker may be re-
                                           clude enrollment in a two-year community
                                                                                                    if the worker meets the training require-               imbursed for 90 percent of his job search
                                           college or four-year college or university as
                                                                                                    ments, and the Secretary determines the                 costs, up to $1,250.
                                           a training option, even where a TAA partici-
                                                                                                    OJT (1) can reasonably lead to employment                 The Secretary may grant an application
                                           pant was working towards completion of a
                                                                                                    with the OJT employer; (2) is compatible                for a relocation allowance where: (1) the al-
                                           degree prior to being laid off. The proponents
                                                                                                    with the worker’s skills; (3) will allow the            lowance will assist a totally separated work-
                                           believe that States should be encouraged to
                                                                                                    worker to become proficient in the job for              er relocate within the United States; (2) suit-
                                           approve the use of training funds by TAA en-
                                                                                                    which the worker is being trained; and (4)              able employment is not available in the local
                                           rollees to obtain training or a college or ad-
                                                                                                    the State determines the OJT meets nec-                 area; (3) the affected worker has no job at
                                           vanced degree, including degrees offered at
                                                                                                    essary requirements. The Secretary may not              the time of relocation; (4) the worker has
                                           two-year community colleges and four-year
                                                                                                    enter into contracts with OJT employers                 found suitable employment that may reason-
                                           colleges or universities.
                                                                                                    that exhibit a pattern of failing to provide            ably be expected to be of long-term duration;
                                             While a worker can obtain additional in-
                                                                                                    workers with continued long-term employ-                (5) the worker has a bona fide offer of em-
                                           come support while participating in remedial
                                                                                                    ment and adequate wages, benefits, and                  ployment; and (6) the worker filed the appli-
                                           training, there is no corollary support for
                                                                                                    working conditions as regular employees.                cation the later of (a) 425 days from separa-
                                           workers participating in prerequisite train-
                                           ing (e.g., individuals enrolling in nursing                               REASONS FOR CHANGE                     tion, (b) 425 days from certification, or (c) 6
                                           usually need basic science prerequisites,                  The provision incorporates requirements               months after completing training (unless the
                                           which are not considered qualifying remedial             to ensure OJT is effective. Specifically, OJT           worker received a waiver, in which case the
                                           training). States have requested additional              must be (1) reasonably expected to lead to              worker must file by the later of 425 days
                                           income support for workers who participate               suitable employment; (2)compatible with the             after separation or certification). A worker
                                           in prerequisite training.                                workers’ skills; and (2) include a State-ap-            may be reimbursed for 90 percent of his relo-
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                                             The proponents believe that while WIA-ap-              proved benchmark-based curriculum. More-                cation costs plus a lump sump payment of
                                           proved training is an approvable TAA train-              over, the provision is intended to prevent              three times the worker’s weekly wage up to
                                           ing option, it should not be the only one that           employers from treating workers partici-                $1,250.
                                           TAA enrollees are authorized to pursue. The              pating in OJT differently in terms of wages,                       EXPLANATION OF PROVISION
                                           proponents are concerned that some States                benefits, and working conditions from reg-               The provision reimburses 100 percent of a
                                           have restricted training opportunities to                ular employees who have worked a similar                worker’s job search expenses, up to $1,500,




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                      S2059
                                           and 100 percent of a worker’s relocation ex-               The provision allows workers to shift from                      5. Subpart E—Other Matters
                                           penses, and increases the additional lump                receiving a TRA, while training, to receiving           Office of Trade Adjustment Assistance (Section
                                           sum payment for relocation to a maximum                  reemployment TAA, while employed, at any                    1751 (amending Subchapter C of chapter 2 of
                                           of $1,500. It also strikes the provision in ex-          point during the two-year period.                           title II of the Trade Act of 1974))
                                           isting law under which a worker who has                                                                                             PRESENT LAW
                                                                                                      The provision increases the limit on wages
                                           completed training but who received a prior
                                                                                                    in eligible reemployment from $50,000 a year              The TAA for Workers program is currently
                                           training waiver has a shorter period to apply                                                                    operated by the Employment and Training
                                                                                                    to $55,000 a year. Similarly, it increases the
                                           for a job search allowance and relocation al-                                                                    Administration at the Department of Labor.
                                                                                                    maximum wage insurance benefit (over two
                                           lowance than other workers who have com-
                                                                                                    years) from up to $10,000 to up to $12,000.                        EXPLANATION OF PROVISION
                                           pleted training.
                                                                                                      The provision lifts the restriction on wage             The provision creates an Office of Trade
                                                           REASONS FOR CHANGE
                                                                                                    insurance recipients’ participation in TAA-             Adjustment Assistance headed by an admin-
                                             The proponents believe that the job search                                                                     istrator who shall report directly to a Sen-
                                                                                                    funded training. It also permits workers re-
                                           and relocation allowances need to be in-                                                                         ate-confirmed Deputy Assistant Secretary
                                                                                                    employed less than full-time, but at least 20
                                           creased to reflect the cost of inflation and                                                                     for Employment and Training Administra-
                                                                                                    hours a week, and in approved training, to
                                           the cost and difficulty a worker faces when                                                                      tion. The Deputy Assistant Secretary shall
                                                                                                    receive the wage insurance benefit (which
                                           looking for work and taking a job outside                                                                        report directly to the Assistant Secretary
                                                                                                    would be prorated if the worker is reem-
                                           the worker’s local community.                                                                                    for Employment and Training Administra-
                                                                                                    ployed for fewer hours compared to previous
                                             The proponents believe that workers com-                                                                       tion.
                                                                                                    employment).
                                           pleting training should have the same peri-                                                                        Under the provision, the administrator will
                                           ods after training to apply for job search and                            REASONS FOR CHANGE                     be responsible for overseeing and imple-
                                           relocation allowances irrespective of wheth-                                                                     menting the TAA for Workers program and
                                           er a worker received a waiver from the en-                 The proponents believe that the reemploy-             carrying out functions delegated to the Sec-
                                           rollment in training requirements prior to               ment TAA, or wage insurance, program is a               retary of Labor, including: making group
                                           undertaking and completing the training.                 potentially beneficial option for many older            certification determinations; providing TAA
                                           This period allows workers a reasonable op-              workers, but it includes unnecessary barriers           information and assisting workers and oth-
                                           portunity to obtain the same assistance as               to participation. The proponents believe that           ers assisting such workers prepare petitions
                                           other workers needed to find and relocate to             changes to section 246 of the Trade Act will            or applications for program benefits (includ-
                                           a new job after being trained.                           make the wage insurance program a more                  ing health care benefits); ensuring covered
                                                             EFFECTIVE DATE                         viable option for many more potentially in-             workers receive Section 235 employment and
                                                                                                    terested workers. Inflation has lessened the            case management services; ensuring States
                                             The provision goes into effect upon expira-
                                                                                                    maximum value of the available benefit, and             comply with the terms of their Section 239
                                           tion of the 90-day period beginning on the
                                                                                                    increasing personal, nominal, median income             agreements; advocating for workers applying
                                           date of enactment of this Act, and applies to
                                                                                                    has lowered the share of workers eligible to            for assistance; and operating a hotline that
                                           petitions filed on or after that date.
                                                                                                    participate in the program. Several other re-           workers and employers may call with ques-
                                                4. Subpart D—Reemployment Trade                     quirements make the program inaccessible                tions about TAA benefits, eligibility require-
                                                  Adjustment Assistance Program                     and unattractive.                                       ments, and application procedures.
                                           Reemployment Trade Adjustment Assistance                   Findings from the Government Account-                   The provision requires the administrator
                                               Program (Section 1741 (amending Section              ability Office (GAO) highlight the need to re-          to designate an employee of the Department
                                               246 of the Trade Act of 1974))                       form specific aspects of the program. First,            with appropriate experience and expertise to
                                                              PRESENT LAW                           the 26-week reemployment deadline was                   receive complaints and requests for assist-
                                             The Trade Act of 2002 created a demonstra-             cited by the GAO as one of ‘‘two key factors            ance, resolve such complaints and requests,
                                           tion project for alternative trade adjustment            [that] limit participation.’’ The GAO went              compile basic information concerning the
                                           assistance for older workers (ATAA or ‘‘wage             on to note that ‘‘[o]fficials in States [the            same, and carry out other tasks that the
                                           insurance’’). Through this program, some                 GAO] visited said that one of the greatest              Secretary specifies.
                                                                                                                                                              The Deputy Assistant Secretary will over-
                                           workers who are eligible for TAA and reem-               obstacles to participation was the require-
                                                                                                                                                            see the operation of the Office of Trade Ad-
                                           ployed at lower wages may receive a partial              ment for workers to find a new job within 26
                                                                                                                                                            justment Assistance and carry out other du-
                                           wage subsidy. Under the program, States use              weeks after being laid off. For example, ac-
                                                                                                                                                            ties that the Secretary assigns.
                                           Federal funds provided under the Trade Act               cording to officials in one State, 80 percent
                                           to pay eligible workers up to 50 percent of              of participants who were seeking wage insur-                         REASONS FOR CHANGE
                                           the difference between reemployment wages                ance but were unable to obtain it failed be-              It is the view of the proponents that cre-
                                           and wages at the time of separation. Eligible            cause they could not find a job within the 26-          ating an Office of Trade Adjustment Assist-
                                           workers may not earn more than $50,000 in                week period. The challenges of finding a job            ance in the Department of Labor with pri-
                                           reemployment wages, and total payments to                within this timeframe may be compounded                 mary accountability for the management
                                           a worker may not exceed $10,000 during a                 by the fact that workers may actually have              and performance of the TAA for Workers
                                           maximum period of two years.                             less than 26 weeks to secure a job if they are          program will improve the program’s oper-
                                             In addition to having been certified for               laid off prior to becoming certified for TAA.           ation. By requiring that the individual run-
                                           TAA, such workers must be at least 50 years              For example, a local caseworker in one State            ning that office report to a Deputy Assistant
                                           of age, obtain full-time reemployment with a             [the GAO] visited said that the 26 weeks had            Secretary confirmed by the Senate, account-
                                           new firm within 26 weeks of separation from              passed completely before a worker was cer-              ability and oversight of the program as a
                                           employment, and have been separated from a               tified for the benefit.’’                               whole will be enhanced.
                                           firm that is specifically certified for ATAA.                                                                      The creation of the Office of Trade Adjust-
                                                                                                      Additionally, the GAO found that auto-                ment Assistance should not interfere with
                                           When considering certification of a firm for             matically certifying workers for the wage in-
                                           ATAA, the Secretary of Labor considers                                                                           the coordination of services provided by
                                                                                                    surance benefit would cut the Department of             TAA, the National Emergency Grant pro-
                                           whether a significant number of workers in               Labor’s workload and promote program par-
                                           the firm are 50 years of age or older and pos-                                                                   gram, and Department of Labor Rapid Re-
                                                                                                    ticipation.                                             sponse services.
                                           sess skills that are not easily transferable.
                                           ATAA beneficiaries may not receive TAA                     Currently, workers opting for wage insur-                               EFFECTIVE DATE
                                           benefits other than the Health Coverage Tax              ance must also surrender eligibility for TAA-             The provision goes into effect upon expira-
                                           Credit (HCTC).                                           funded training and be reemployed full-time.            tion of the 90-day period beginning on the
                                                                                                    The provision eliminates these restrictions.            date of enactment of this Act.
                                                     EXPLANATION OF PROVISION
                                             The provision renames ATAA ‘‘reemploy-                   The proponents believe that eliminating               Accountability of State Agencies; Collection and
                                           ment TAA.’’ The provision eliminates the re-             the 26-week deadline for reemployment,                      Publication of Program Data; Agreements
                                           quirement that a group of workers (in addi-              eliminating the need for firms to be certified              with States (Section 1752 (amending Section
                                           tion to individuals) be specifically certified           for wage insurance, eliminating the prohibi-                239 of the Trade Act of 1974))
                                           for wage insurance in addition to TAA cer-               tion on wage insurance beneficiaries receiv-                               PRESENT LAW
                                           tification. The provision eliminates the cur-            ing TAA-funded training, and allowing part-               Present law gives the Secretary of Labor
                                           rent-law requirement that a worker must                  time workers and former TRA recipients ac-              the authority to delegate to the States
                                           find employment within 26 weeks of being                 cess to the wage insurance benefit should               through agreements many aspects of TAA
                                           laid off to be eligible for the wage insurance           make the wage insurance program more ac-                implementation, including responsibilities
                                           benefit, and replaces it with a requirement              cessible and attractive.                                to (1) receive applications for TAA and pro-
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                                           that the clock on the two-year duration of                                  EFFECTIVE DATE                       vide payments; (2) make arrangements to
                                           the benefit begin at the sooner of exhaustion                                                                    provide    certain    employment    services
                                           of regular unemployment benefits or reem-                  The provision goes into effect upon expira-           through other Federal programs; and (3)
                                           ployment, allowing initial receipt of the                tion of the 90-day period beginning on the              issue waivers. It also mandates that any
                                           wage insurance benefit at any point during               date of enactment of this Act, and applies to           agreement entered into shall include sec-
                                           that two-year period.                                    petitions filed on or after that date.                  tions requiring that the provision of TAA




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                                           S2060                                              CONGRESSIONAL RECORD — SENATE                                                       February 10, 2009
                                           services and training be coordinated with the            Collection of Data and Reports; Information to          Fraud and recovery of overpayments (Section
                                           provision of Workforce Investment Act                        Workers (Section 1754 (amending Sub-                   1755 (amending Section 243(a)(1) of the
                                           (WIA) services and training. In carrying out                 chapter C of chapter 2 of title II of the              Trade Act of 1974))
                                           its responsibilities, each State must notify                 Trade Act of 1974))                                                    PRESENT LAW
                                           workers who apply for UI about TAA, facili-                                                                         An overpayment of TAA benefits may be
                                                                                                                        PRESENT LAW
                                           tate early filing for TAA benefits, advise                                                                       waived if, in accordance with the Secretary’s
                                           workers to apply for training when they                    Present law does not contain statutory                guidelines, the payment was made without
                                           apply for TRA, and interview affected work-              language requiring the collection of data or            fault on the part of such individual, and re-
                                           ers as soon as possible for purposes of getting          performance goals and the TAA program has               quiring such repayment would be contrary to
                                           them into training. States must also submit              suffered a history of problems with its per-            ‘‘equity and good conscience.’’
                                           to the Department of Labor information like              formance data that has undermined the                              EXPLANATION OF PROVISION
                                           that provided under a WIA State plan.                    data’s credibility and limited their useful-              The provision states that the Secretary
                                                     EXPLANATION OF PROVISION                       ness. Most of the outcome data reported in a            shall waive repayment if the overpayment
                                                                                                    given program year actually reflects partici-           was made without fault on the part of such
                                             The provision requires the Secretary, ei-              pants who left the program up to 5 calendar
                                           ther directly or through the States (through                                                                     individual and if repayment ‘‘would cause a
                                                                                                    quarters earlier. In addition, as of FY 2006,           financial hardship for the individual (or the
                                           cooperating agreements), to make the em-                 the Department of Labor does not consist-               individual’s household, if applicable) when
                                           ployment and case management services de-                ently report TAA data by State or industry              taking into consideration the income and re-
                                           scribed in the amended section 235 available             or by services or benefits received.                    sources reasonably available to the indi-
                                           to TAA eligible workers. TAA eligible work-
                                                                                                      While the Department of Labor has take                vidual or household and other ordinary liv-
                                           ers are not required to accept or participate
                                                                                                    some steps aimed at improving performance               ing expenses of the individual or household.’’
                                           in such services, however, if they choose not
                                           to do so.                                                data, the data remain suspect and fail to                            REASONS FOR CHANGE
                                                                                                    capture outcomes for some of the program’s                The proponents believe that the Depart-
                                             The provision requires States and cooper-
                                                                                                    participants, and many participants are not             ment of Labor has adopted a very strict
                                           ating State agencies to implement effective
                                                                                                    included in the final outcomes at all.                  standard for issuing overpayment waivers. In
                                           control measures and to effectively oversee
                                                                                                                                                            particular, 20 CFR 617.55(a)(2)(ii)(C) defines
                                           the operation and administration of the TAA                         EXPLANATION OF PROVISION
                                                                                                                                                            equity and good conscience to require ‘‘ex-
                                           program, including by monitoring the oper-
                                                                                                      The provision would require the Secretary             traordinary and lasting financial hardship’’
                                           ation of control measures to improve the ac-
                                                                                                    of Labor to implement a system for col-                 that would ‘‘result directly’’ in the ‘‘loss of
                                           curacy and timeliness of reported data.                                                                          or inability to obtain minimal necessities of
                                                                                                    lecting data on all workers who apply for or
                                             The provision also requires States and co-                                                                     food, medicine, and shelter for a substantial
                                                                                                    receive TAA. The system must include the
                                           operating State agencies to report com-                                                                          period of time’’ and ‘‘may be expected to en-
                                                                                                    following data classified by State, industry,
                                           prehensive performance accountability data                                                                       dure for the foreseeable future.’’
                                                                                                    and nationwide totals: number of petitions;
                                           to the Secretary, on a quarterly basis.                                                                            The proponents understand that no worker
                                                                                                    number of workers covered; average proc-
                                                           REASONS FOR CHANGE                                                                               has met this strict waiver standard. In in-
                                                                                                    essing time for petitions; a breakdown of cer-
                                                                                                                                                            cluding standard statutory waiver language
                                             To ensure that the employment and case                 tified petitions by the cause of job loss (in-
                                                                                                                                                            in TAA, there is no indication that Congress
                                           management services described in the                     creased imports etc.); the number of workers
                                                                                                                                                            intended to make waivers impossible to se-
                                           amended section 235 are made available to                receiving benefits under any aspect of TAA
                                                                                                                                                            cure. To the contrary, the proponents believe
                                           TAA enrollees as required under that sec-                (broken down by type of benefit); the average           that Congress intended that overpaid indi-
                                           tion, the proponents believe that it is nec-             time during which workers receive each type             viduals who are without fault and unable to
                                           essary to incorporate those obligations into             of benefit; the number of workers enrolled in           repay their TAA overpayments should have a
                                           the agreements that the Department of                    training, classified by type of training; the           reasonable opportunity for waivers of the re-
                                           Labor enters into with each of the States                average duration of training; the number and            quirement to return those overpayments.
                                           concerning the administration of TAA.                    type of training waiver granted; the number             The provision clarifies this intent.
                                                                                                    of workers who complete and do not com-
                                                             EFFECTIVE DATE                                                                                                   EFFECTIVE DATE
                                                                                                    plete training; data on outcomes, including
                                             The provision goes into effect upon expira-            the sectors in which workers are employed                 The provision goes into effect upon expira-
                                           tion of the 90-day period beginning on the               after receiving benefits; and data on rapid re-         tion of the 90-day period beginning on the
                                           date of enactment of this Act, and applies to            sponse activities.                                      date of enactment of this Act, and applies to
                                           petitions filed on or after that date.                                                                           petitions filed on or after that date.
                                                                                                      The provision would also require, by De-              Sense of Congress on Application of Trade Ad-
                                           Verification of Eligibility for Program Benefits         cember 15 of each year, the Secretary to pro-               justment Assistance (Section 1756 (amending
                                               (Section 1753 (amending Section 239 of the           vide to the Senate Finance Committee and                    Section Chapter 5 of title II of the Trade Act
                                               Trade Act of 1974))                                  the House Committee on Ways and Means a                     of 1974))
                                                                                                    report that includes a summary of the infor-
                                                              PRESENT LAW                                                                                                      PRESENT LAW
                                                                                                    mation above, information on distributions
                                             There is no provision in present law.                  of training funds under section 236(a)(2), and            There is no provision in present law.
                                                                                                    any recommendations on whether changes to                          EXPLANATION OF PROVISION
                                                     EXPLANATION OF PROVISION
                                                                                                    eligibility requirements, benefits, or train-             The provision expresses the Sense of Con-
                                             Section 1753 requires a State to re-verify             ing funding should be made based on the                 gress that the Secretaries of Labor, Com-
                                           the immigration status of a worker receiving             data collected. Those data must be made                 merce, and Agriculture should apply the pro-
                                           TAA benefits using the Systematic Alien                  available to the public on the Department of            visions of their respective trade adjustment
                                           Verification for Entitlements (SAVE) Pro-                Labor’s website in a searchable format and              assistance programs with the utmost regard
                                           gram (42 U.S.C. 1320b–7(d)) if the documenta-            must be updated quarterly.                              for the interests of workers, firms, commu-
                                           tion provided during the worker’s initial                                                                        nities, and farmers petitioning for benefits.
                                           verification for the purposes of establishing                             REASONS FOR CHANGE
                                                                                                                                                                         REASONS FOR CHANGE
                                           the worker’s eligibility for unemployment
                                                                                                      The proponents believe that valuable infor-             Courts reviewing determinations by the
                                           compensation would expire during the period
                                                                                                    mation on TAA and its impact is neither                 Department of Labor regarding certification
                                           in which that worker is potentially eligible
                                                                                                    being collected nor being made publicly                 for trade adjustment assistance have stated
                                           to receive TAA benefits.
                                                                                                    available. This, in turn, inhibits the ability          that the Department is obliged to conduct
                                             The section also requires the Secretary to             of Congress to perform its oversight respon-            its investigations with ‘‘utmost regard for
                                           establish procedures to ensure that the re-              sibilities and, if necessary, to refine and im-         the interests of the petitioning workers.’’
                                           verification process is implemented properly             prove the program, its performance, and                 See, e.g., Former Employees of Komatsu
                                           and uniformly from State to State.                       worker outcomes. Additionally, the pro-                 Dresser v. United States Secretary of Labor,
                                                           REASONS FOR CHANGE                       ponents believe that all of the data that the           16 C.I.T. 300, 303 (1992) (citations omitted).
                                             This provision is intended to ensure that              Department of Labor gathers should be made              The courts have explained that such state-
                                           workers maintain a satisfactory immigra-                 available and posted on its website in a                ments flow from the ex parte nature of the
                                           tion status while receiving benefits. This               searchable format. This will enhance the ac-            Department’s certification process (as op-
                                                                                                    countability of the TAA program and the De-             posed to a judicial or quasi-judicial pro-
                                           section was included for the purposes of the
                                                                                                    partment of Labor, not just to Congress, but            ceeding) and the remedial purpose of the
                                           TAA program only and should not be ex-
                                                                                                    to the American people as well.                         trade adjustment assistance program. This
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                                           tended to other programs.
                                                                                                                                                            section reflects such statements and extends
                                                             EFFECTIVE DATE                                            EFFECTIVE DATE                       them to the firms, farmers, and communities
                                             The provision goes into effect upon expira-              The provision goes into effect upon expira-           programs.
                                           tion of the 90-day period beginning on the               tion of the 90-day period beginning on the                                EFFECTIVE DATE
                                           date of enactment of this Act, and applies to            date of enactment of this Act, and applies to             The provision goes into effect upon expira-
                                           petitions filed on or after that date.                   petitions filed on or after that date.                  tion of the 90-day period beginning on the




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                      S2061
                                           date of enactment of this Act, and applies to            both, have decreased absolutely or that the             firms notice of their potential eligibility for
                                           petitions filed on or after that date.                   firm’s sales, production, or both of an article         TAA benefits.
                                           Consultations in Promulgation of Regulations             or service that accounts for at least 25 per-             The proponents are concerned that at
                                               (Section 1757 (amending Section 248 of the           cent of its total production, or sales have de-         present, the Economic Development Admin-
                                               Trade Act of 1974))                                  creased absolutely.                                     istration (EDA) is entering into contracts
                                                                                                      In determining eligibility, the provision             with intermediary organizations that vary in
                                                              PRESENT LAW
                                                                                                    makes clear that the Secretary may use data             length.
                                             The Secretary is required to prescribe nec-            from the preceding 36 months to determine                 Thus, the contracts begin and end at dif-
                                           essary regulations.                                      an increase in imports, and may determine               ferent times during the year. To improve
                                                     EXPLANATION OF PROVISION                       that increased imports exist if customers ac-           transparency, accountability and oversight,
                                             This provision requires the Secretary to               counting for a significant percentage of the            the proponents have included a provision re-
                                           consult with the Senate Finance Committee                decline in a firm’s sales or production certify         quiring EDA to endeavor to align these con-
                                           and the House Committee on Ways and                      that their purchases of imported articles or            tracts by October 2010 and enter into 12
                                           Means 90 days prior to the issuance of a final           services have increased absolutely or rel-              month contracts thereafter. The proponents
                                           rule or regulation.                                      ative to the acquisition of such articles or            will leave it to the discretion of the Sec-
                                                           REASONS FOR CHANGE
                                                                                                    services from suppliers in the United States.           retary to determine the appropriate 12
                                                                                                      The provision requires the Secretary of               month contract cycle.
                                             Requiring that the Secretary consult with              Commerce, upon receiving information from                 The proponents also believe that the meth-
                                           the relevant committees 90 days prior to the             the Secretary of Labor that the workers of a            odology for distributing funds to inter-
                                           issuance of a final rule or regulations will             firm are TAA-covered, to notify the firm of             mediary organizations should be based in
                                           help ensure that such rules and regulations              its potential TAA eligibility.                          part on their performance, the number of
                                           reflect Congress’ intent.                                  The provision requires the Secretary of               firms they serve, and the outcomes of firms
                                                             EFFECTIVE DATE                         Commerce to provide grants to intermediary              completing the program. The Secretary of
                                             The provision goes into effect upon expira-            organizations to deliver TAA benefits. The              Commerce should consult Congress before fi-
                                           tion of the 90-day period beginning on the               provision requires the Secretary to endeavor            nalizing such methodology.
                                           date of enactment of this Act, and applies to            to align the contracting schedules for all                The proponents understand that some cus-
                                           petitions filed on or after that date.                   such grants by 2010, and to provide annual              tomers provide inaccurate or incomplete in-
                                            B. PART II—TRADE ADJUSTMENT ASSISTANCE                  grants to the intermediary organizations                formation in response to questionnaires
                                                              FOR FIRMS                             thereafter. The provision requires the Sec-             posed by the Secretary. The penalty lan-
                                                                                                    retary to develop a methodology to ensure               guage included in this provision is designed
                                           Trade Adjustment Assistance for Firms (Section
                                                                                                    prompt initial distribution of a portion of             to address this problem.
                                               1761–1767 (amending Sections 251, 254, 255,
                                                                                                    the funds to each of the intermediary organi-                             EFFECTIVE DATE
                                               256, 257, and 258 of the Trade Act of 1974))
                                                                                                    zations, and to determine how the remaining
                                                              PRESENT LAW                           funds will be allocated and distributed to                The provision goes into effect upon expira-
                                             A firm may file a petition for certification           them. The Secretary must develop the meth-              tion of the 90-day period beginning on the
                                           with the Secretary of Commerce. Upon re-                 odology in consultation with the Senate Fi-             date of enactment of this Act, and applies to
                                           ceipt of the petition, the Secretary shall               nance Committee and the House Committee                 petitions filed on or after that date.
                                           publish a notice in the Federal Register that            on Ways and Means.                                      Extension of Authorization of Trade Adjustment
                                           the petition has been received and is being                The provision amends the penalties provi-                 Assistance for Firms (Section 1764)
                                           investigated. The petitioner, or anyone else             sion in section 259 to cover entities, includ-                             PRESENT LAW
                                           with a substantial interest, may request a               ing customers, providing information during               The authorization of the TAA for Firms
                                           public hearing concerning the petition.                  an investigation of a firm’s petition.                  program expired on December 31, 2007. The
                                             To be certified to receive TAA benefits, a               Additionally, the provision requires the              program is currently authorized at $16 mil-
                                           firm must show (1) a ‘‘significant’’ number of           Secretary of Commerce to submit an annual               lion per year.
                                           workers became or are threatened to become               report demonstrating the operation, effec-
                                                                                                                                                                       EXPLANATION OF PROVISION
                                           totally or partially separated; (2) sales or             tiveness, and outcomes of the TAA for Firms
                                           production of an article, or both, decreased             program to the Senate Finance Committee                   The provision reauthorizes the program
                                           absolutely, or sales or production, or both, of          and the House Committee on Ways and                     through December 31, 2010, and increases its
                                           an article that accounted for not less than 25           Means, and to make the report available to              funding to $50 million per year for fiscal
                                           percent of the total production or sales of              the public. The methodology for the distribu-           years 2009 and 2010, and prorates such fund-
                                           the firm during the 12-month period pre-                 tion of funds to the intermediary organiza-             ing for the period beginning October 1, 2010
                                           ceding the most recent 12-month period for               tions shall include criteria based on the data          and ending December 31, 2010. Of that
                                           which data are available have decreased ab-              in the report. The provision creates rules re-          amount, $350,000 is set aside each year to
                                           solutely; and (3) increased imports of com-              lating to the disclosure of confidential busi-          fund full-time TAA for Firms positions at
                                           peting articles ‘‘contributed importantly’’ to           ness information included in this annual re-            the Department of Commerce, including a di-
                                           the decline in sales, production, and/or work-           port.                                                   rector of the TAA for Firms program.
                                           force.                                                                    REASONS FOR CHANGE                                  REASONS FOR CHANGE
                                             A firm certified under section 251 has two                                                                       The proponents believe that the TAA for
                                                                                                      Most service sector firms are currently in-
                                           years in which to file an adjustment assist-                                                                     Firms program has been underfunded, as at
                                                                                                    eligible for the TAA for Firms program be-
                                           ance application, which must include an eco-                                                                     least $15 million in approved projects lack
                                                                                                    cause of a statutory requirement that the
                                           nomic adjustment proposal.                                                                                       funding. Additionally, the Firms team at the
                                                                                                    workers must have been employed by a firm
                                             In deciding whether to approve an applica-                                                                     Department of Commerce lacks adequate
                                                                                                    that produces an ‘‘article.’’ In an era when 80
                                           tion, the Secretary of Commerce must deter-                                                                      full-time staff to administer the program.
                                                                                                    percent of U.S. workers are employed in the
                                           mine that the proposal (1) is reasonably cal-
                                                                                                    service sector, the proponents believe service                            EFFECTIVE DATE
                                           culated ‘‘to materially contribute’’ to the
                                                                                                    sector firms should be eligible for TAA.                  The provision goes into effect upon expira-
                                           economic adjustment of the firm; (2) gives
                                                                                                      The proponents also note that firms cur-
                                           adequate consideration to the interests of                                                                       tion of the 90-day period beginning on the
                                                                                                    rently have a limited ‘‘look back’’ under ex-
                                           the firm’s workers; and (3) demonstrates                                                                         date of enactment of this Act, and applies to
                                                                                                    isting law, which unfairly restricts their
                                           that the firm will use its own resources for                                                                     petitions filed on or after that date.
                                                                                                    ability to show that increased imports are
                                           adjustment.                                                                                                      C. PART III—TRADE ADJUSTMENT ASSISTANCE
                                                                                                    hurting their businesses.
                                             Criminal and civil penalties are applicable                                                                                   FOR COMMUNITIES
                                                                                                      Because data is not always readily avail-
                                           for, among other things, making false state-                                                                     Trade Adjustment Assistance for Communities
                                                                                                    able to demonstrate an increase in imports
                                           ments or failing to disclose material facts.                                                                         (Section 1771–1773)
                                                                                                    of articles or services, or to show how such
                                           However, the penalties do not cover the acts
                                                                                                    increased imports compete with the articles                                PRESENT LAW
                                           and omissions of customers or others re-
                                                                                                    or services of a particular firm, the pro-
                                           sponding to queries made in the course of an                                                                       There is no provision in present law.
                                                                                                    ponents believe that the Secretary should be
                                           investigation of a firm’s petition.                                                                                         EXPLANATION OF PROVISION
                                                                                                    able to utilize information from the cus-
                                             The Secretary must make its decisions
                                                                                                    tomers of a firm that account for a signifi-              The provision creates a Trade Adjustment
                                           within 60 days.
                                                                                                    cant percentage of sales or production that             Assistance for Communities program that
                                                     EXPLANATION OF PROVISION                       would verify these customers are increasing             will allow a community to apply for designa-
                                             The provision makes service sector firms               their purchases of imports relative to their            tion as a community affected by trade. A
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                                           potentially eligible for benefits under the              purchases from domestic suppliers.                      community may receive such designation
                                           TAA for Firms program. It also expands the                 Since a firm may not know that it could be            from the Secretary of Commerce if the com-
                                           look back so that all firms can use the aver-            eligible for TAA benefits, despite the fact             munity demonstrates that (1) the Secretary
                                           age of one, two, or three years of sales or              that workers at the firm have qualified for             of Labor has certified a group of workers in
                                           production data, as opposed to one year, to              the TAA for workers program, the pro-                   the community as eligible for TAA for Work-
                                           show that the firm’s sales, production, or               ponents believe it is important to give these           ers benefits, the Secretary of Commerce has




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                                           S2062                                             CONGRESSIONAL RECORD — SENATE                                                       February 10, 2009
                                           certified a firm in the community as eligible           ture employment opportunities in the com-               stance, have scaled back operations or closed
                                           for TAA for Firms benefits, or a group of ag-           munity.                                                 entirely in response to increased trade and
                                           ricultural producers in the community has                 The provision authorizes $40 million in dis-          globalization.
                                           been certified to receive benefits under the            cretionary grants to be awarded by the Sec-               The proponents do not intend for the pref-
                                           TAA for Farmers and Fishermen program;                  retary of Labor for the Community College               erence for such communities to result in all
                                           and (2) the Secretary determines that the               and Career Training Grant program. Priority             grants, or the majority of grants, going to
                                           community is significantly affected by the              shall be given to grant applications sub-               such communities to the exclusion of other
                                           threat to, or the loss of, jobs associated with         mitted by eligible institutions that serve              impacted communities.
                                           that certification. The Secretary of Com-               communities that the Secretary of Com-                                    EFFECTIVE DATE
                                           merce must notify the community and the                 merce has certified under section 273.
                                           Governor of the State in which the commu-                 The provision also establishes a Sector                 The provision goes into effect upon expira-
                                           nity is located upon making an affirmative              Partnership Grant program that allows the               tion of the 90-day period beginning on the
                                           determination that the community is af-                 Secretary of Labor to award industry or sec-            date of enactment of this Act.
                                           fected by trade.                                        tor partnership grants to facilitate efforts of         Authorization of Appropriations for Trade Ad-
                                             The Secretary of Commerce shall provide               the partnership to strengthen and revitalize                justment Assistance for Communities (Sec-
                                           technical assistance to a community af-                 industries. The partnerships shall consist of               tion 1772)
                                           fected by trade to assist the community to              representatives of an industry sector; local                               PRESENT LAW
                                           (1) diversify and strengthen its economy; (2)           county, or State government; multiple firms               There is no provision in present law.
                                           identify impediments to economic develop-               in the industry sector; local workforce in-
                                           ment that result from the impact of trade;                                                                                 EXPLANATION OF PROVISION
                                                                                                   vestment boards established under section
                                           and (3) develop a community strategic plan              117 of the Workforce Investment Act of 1998               The provision authorizes $150,000,000 to the
                                           to address economic adjustment and work-                (29 U.S.C. 2832); local labor organizations, in-        Secretary of Commerce for each of fiscal
                                           force dislocation in the community. The Sec-            cluding State labor federations and labor-              years 2009 and 2010, and $37,500,000 for the pe-
                                           retary of Commerce shall also identify Fed-             management initiatives, representing work-              riod beginning October 1, 2010 through De-
                                           eral, State and local resources available to            ers in the community; and educational insti-            cember 31, 2010 to carry out the TAA for
                                           assist the community, and ensure that Fed-              tutions.                                                Communities program.
                                           eral assistance is delivered in a targeted, in-           The provision authorizes $40 million in dis-            The provision authorizes $40,000,000 to the
                                           tegrated manner. The Secretary shall estab-             cretionary grants to be awarded by the Sec-             Secretary of Labor for each of fiscal years
                                           lish an Interagency Community Assistance                retary of Labor for the Sector Partnership              2009 and 2010, and $10,000,000 for the period
                                           Working Group to assist in coordinating the             Grant program. The Sector Partnership                   beginning October 1, 2010 through December
                                           Federal response.                                       Grants may be used to help the partnerships             31, 2010 to carry out the Community College
                                             A community affected by trade may de-                 identify the skill needs of the targeted indus-         and Career Training Grant Program.
                                           velop a strategic plan for the community’s              try or sector and any gaps in the available               The provision authorizes $40,000,000 to the
                                           economic adjustment and submit the plan to              supply of skilled workers in the community              Secretary of Labor for each of fiscal years
                                           the Secretary. The plan should be developed,            impacted by trade; develop strategies for fill-         2009 and 2010, and $10,000,000 for the period
                                           to the extent possible, with participation              ing the gaps; assist firms, especially small-           beginning October 1, 2010 through December
                                           from local, county, and State governments,              and medium-sized firms, in the targeted in-             31, 2010 to carry out the Sector Partnership
                                           local firms, local workforce investment                 dustry or sector increase their productivity            Grant Program.
                                           boards, labor organizations, and educational            and the productivity of their workers; and                                EFFECTIVE DATE
                                           institutions. The plan should include an                assist such firms to retain incumbent work-
                                           analysis of the economic development chal-                                                                        The provision goes into effect on the date
                                                                                                   ers.                                                    of enactment of this Act.
                                           lenges facing the community and the com-
                                                                                                                    REASONS FOR CHANGE
                                           munity’s capacity to achieve economic ad-                                                                       D. PART IV—TRADE ADJUSTMENT ASSISTANCE
                                           justment to these challenges; an assessment               The TAA for Workers program provides as-                               FOR FARMERS
                                           of the community’s long-term commitment                 sistance to individual workers who lose their
                                                                                                                                                           Trade Adjustment Assistance for Farmers (Sec-
                                           to the plan and the participation of commu-             jobs because of trade with foreign countries.
                                                                                                                                                               tion 1781–1786 (amending sections 291, 292,
                                           nity members; a description of projects to be           The program does not, however, provide
                                                                                                                                                               293, 296 and 297 of the Trade Act of 1974))
                                           undertaken by the community; a description              broader assistance when the closure or
                                                                                                   downsizing of a key industry, company, or                                  PRESENT LAW
                                           of educational opportunities and future em-
                                           ployment needs in the community; and an                 plant creates severe economic challenges for              A group of agricultural producers or their
                                           assessment of the funding required to imple-            an entire community impacted by trade. The              representative may file a petition for certifi-
                                           ment the strategic plan.                                proponents believe there is a need for addi-            cation with the Secretary of Agriculture.
                                             Of the funds appropriated, the Secretary of           tional programs and incentives to assist such           Upon receipt of the petition, the Secretary
                                           Commerce may award up to $25 million in                 communities. Accordingly, the provision cre-            shall publish a notice in the Federal Register
                                           grants to assist the community in devel-                ates a TAA for Communities program to pro-              that the petition has been received and is
                                           oping a strategic plan.                                 vide a coordinated Federal response to eligi-           being investigated. The petitioner, or anyone
                                             The provision authorizes $150 million in              ble communities by identifying Federal,                 else with a substantial interest, may request
                                           discretionary grants to be awarded by the               State and local resources and helping such              a public hearing concerning the petition.
                                           Secretary of Commerce. An eligible commu-               communities to access available Federal as-               To be certified to receive TAA benefits
                                           nity may apply for a grant from the Sec-                sistance.                                               under this chapter, the group of producers
                                           retary to implement a project or program in-              The provision does not establish precise              must show (1) that the national average
                                           cluded in the community’s strategic plan.               criteria for determining when a particular              price of the agricultural commodity in the
                                           Grants may not exceed $5 million. The Fed-              community is impacted by trade. In the view             most recent marketing year is less than 80
                                           eral share of the grant may not exceed 95               of the proponents, this determination is bet-           percent of the national average price for the
                                           percent of the cost of the project and the              ter left to the discretion of the Secretary of          commodity for the 5 previous marketing
                                           community’s share is an amount not less                 Commerce, who can evaluate specific facts in            years, and (2) that increased imports of arti-
                                           than 5 percent. Priority shall be given to              specific cases. As a general matter, the pro-           cles like or directly competitive with the
                                           grant applications submitted by small and               ponents believe the Secretary should review             commodity contributed importantly to the
                                           medium-sized communities.                               the underlying certification(s) that provide a          decline in price.
                                             Educational institutions may also apply               basis for a community’s application and                   A group of producers certified under Sec-
                                           for Community College and Career Training               evaluate the potential impact of the job                tion 291 has one year to receive TAA bene-
                                           grants from the Secretary of Labor. Grant               losses (or threat thereof) associated with              fits, but may apply to be re-certified for a
                                           proposals must include information regard-              such certification(s) on the broader commu-             second year of benefits if the group can show
                                           ing (1) the manner in which the grant will be           nity, given the community’s overall eco-                a further 20 percent price decline in the na-
                                           used to develop or improve an education or              nomic situation. The proponents intend for              tional average price of the commodity, and
                                           training program suited to workers eligible             the Secretary to focus grants on commu-                 that imports continued to contribute impor-
                                           for the TAA for Workers program; (2) the ex-            nities facing the most difficult hardships, to          tantly to that decline.
                                           tent to which the program will meet the                 the extent practicable.                                   To qualify to receive benefits, individual
                                           needs of the workers in the community; (3)                The proponents believe small- and me-                 agricultural producers that are covered by a
                                           the extent to which the proposal fits into a            dium-sized communities, and in particular,              certified petition must show (1) that the in-
                                           community’s strategic plan or relates to a              those in rural areas where the manufac-                 dividual producer produced the qualified
                                           Sector Partnership Grant received by the                turing sector has historically been a signifi-          commodity; and (2) the net income of the
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                                           community; and (4) any previous experience              cant employer, would benefit from the tech-             producer has decreased. Producers meeting
                                           of the institution in providing programs to             nical assistance and grants available                   these criteria are eligible to participate in
                                           workers eligible for TAA. Educational insti-            through this program. Such communities                  an initial technical assistance course, and to
                                           tutions applying for a grant must also reach            have been disproportionately impacted by                receive cash benefits, not to exceed $10,000,
                                           out to employers in the community to assess             the adverse effects of trade, where some lum-           based on their production and the decline in
                                           current deficiencies in training and the fu-            ber mills, factories and call centers, for in-          price for the commodity. Where available,




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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                    S2063
                                           the producer may also attend more intensive              taken to the U.S. Court of International                              EFFECTIVE DATE
                                           technical assistance.                                    Trade, resulting in significant administra-              The provision goes into effect on the date
                                                     EXPLANATION OF PROVISION                       tive expense for both the producers and the            of enactment of this Act.
                                             The provision defines an agricultural com-             Department of Agriculture.
                                                                                                                                                                   E. PART V—GENERAL PROVISION
                                                                                                      The proponents believe that demonstrating
                                           modity producer, for the purpose of the TAA                                                                     Government Accountability Office Report (Sec-
                                                                                                    a decline in the production or price of the
                                           for Farmers program, to include fishermen,                                                                          tion 1793)
                                                                                                    commodity facing import competition is a
                                           as well as farmers.
                                             The provision allows a group of producers              better measure of the impact of trade on the                              PRESENT LAW
                                           to petition the Secretary based on a 15 per-             individual producer, rather than net income.             There is no provision in present law.
                                           cent decline in price, value of production,              The provision would allow farmers to dem-
                                                                                                                                                                      EXPLANATION OF PROVISION
                                           quantity of production, or cash receipts for             onstrate that either their production deci-
                                                                                                    sions or price received for the qualified com-           The provision requires the Comptroller
                                           the commodity, rather than a 20 percent de-                                                                     General of the United States to prepare and
                                           cline in price. The provision shortens the               modity were affected.
                                                                                                      The proponents also believe that the focus           submit a report to the Senate Finance Com-
                                           look back period from an average of 5 years                                                                     mittee and the House Committee on Ways
                                                                                                    of the TAA for Farmers program should be
                                           to an average of the national average price                                                                     and Means on the operation and effectiveness
                                                                                                    adjustment assistance, rather than cash ben-
                                           for the previous three year period. Peti-                                                                       of these amendments to chapters 2, 3, 4, and
                                                                                                    efits. Under the current program, most pro-
                                           tioning producers must also show that im-                                                                       6 of the Trade Act no later than September
                                                                                                    ducers received only initial technical assist-
                                           ports contributed importantly to the decline                                                                    30, 2012.
                                                                                                    ance, with little opportunity for additional
                                           in price, production, value of production, or
                                                                                                    curricula. The proponents believe that all                          REASONS FOR CHANGE
                                           cash receipts.
                                             Once the Secretary certifies a group of                producers eligible for TAA benefits should               It is critical that GAO review and evaluate
                                           commodity producers for TAA, individual                  receive more thorough technical assistance             the TAA program to assess the changes made
                                           producers can qualify for benefits if the pro-           and the opportunity for individualized busi-           by this legislation to ensure that they have
                                           ducer shows (1) that they are producers of               ness planning, with financial assistance pro-          improved the effectiveness, operation, and
                                           the commodity; and (2) that the price re-                vided to help the producer implement the               performance of the program.
                                           ceived, quantity of production, or value of              business plans.
                                                                                                                                                                             EFFECTIVE DATE
                                                                                                      Further, technical assistance should be
                                           production for the commodity has decreased.                                                                       The provision goes into effect on the date
                                             Producers deemed eligible to receive bene-             provided by the Department of Agriculture
                                                                                                    through the National Institute on Food and             of enactment of this Act.
                                           fits by the Secretary are eligible to receive
                                           initial technical assistance, and may opt to             Agriculture (‘‘NIFA’’), which may choose to              The PRESIDING OFFICER (Mr.
                                           receive intensive technical assistance, which            make grants to land grant universities and             UDALL of New Mexico.)
                                                                                                    other outside organizations to assist in the
                                           consists of a series of courses designed for                                                                      Mr. BAUCUS. Mr. President, I yield
                                           producers of the certified commodity. Upon               development and delivery of technical assist-
                                                                                                    ance. NIFA (formerly the Cooperative State             10 minutes to the distinguished chair-
                                           completion of the series of courses, the pro-                                                                   man of the Appropriations Committee,
                                           ducer develops an initial business plan which            Research, Education, and Extension Service)
                                                                                                    delivers technical assistance under the cur-           Senator INOUYE of Hawaii.
                                           (1) reflects the skills gained by the producer
                                           during the courses; and (2) demonstrates how             rent Farmers program, and had successfully               Mr. INOUYE. Mr. President, I rise to
                                           the producer intends to apply these skills to            developed curricula to respond to producers’           restate my strong support for the
                                           the producer’s farming or fishing operation.             adjustment needs.                                      American Recovery and Reinvestment
                                                                                                      The proponents believe that the current              Act of 2009. This measure will create
                                           Upon approval by the Secretary of the busi-
                                                                                                    one-year limit to obtain TAA benefits unnec-
                                           ness plan described above, the producer is en-
                                                                                                    essarily limits producers’ ability to access
                                                                                                                                                           more than 3.5 million jobs. It will pro-
                                           titled to receive up to $4,000 to implement                                                                     vide billions of dollars to support our
                                                                                                    technical assistance, particularly when
                                           the business plan or to assist in the develop-                                                                  State and local governments. It will
                                                                                                    farmers and fishermen must spend signifi-
                                           ment of a long-term business plan.                                                                              prevent tens of thousands of teachers,
                                                                                                    cant portions of each year in the fields or at
                                             Producers who complete an initial business
                                           plan may choose to receive assistance to de-
                                                                                                    sea. Extending the eligibility period to 36            firemen, policemen, and other pro-
                                                                                                    months will allow producers to take advan-             viders of essential services from being
                                           velop a long-term business adjustment plan.
                                                                                                    tage of all the benefits offered, and will             laid off at the worst possible time. It
                                           The Secretary must review the plan to en-
                                                                                                    eliminate the need for the current burden-             will provide tax cuts for working fami-
                                           sure that it (1) will contribute to the eco-
                                                                                                    some recertification process.
                                           nomic adjustment of the producer; (2) con-                                                                      lies. It will invest in the future of this
                                                                                                      The proponents believe that fishermen and
                                           siders the interests of the producer’s employ-                                                                  Nation by rebuilding our roads, our
                                                                                                    aquaculture producers who are otherwise eli-
                                           ees, if any; and (3) demonstrates that the                                                                      sewers, mass transportation systems,
                                                                                                    gible for TAA should be able to demonstrate
                                           producer has sufficient resources to imple-
                                                                                                    an increase in imports of like or directly             and other essential infrastructure.
                                           ment the plan. If the Secretary approves the
                                                                                                    competitive products without regard to                   We must pass this bill immediately.
                                           plan, the producer is eligible to receive up to
                                                                                                    whether those imported products were wild-             According to the Labor Department,
                                           $8,000 to implement the long-term business
                                                                                                    caught or farm-raised. Current law allows              the United States has lost 3.6 million
                                           plan.
                                                                                                    these producers to apply for benefits based
                                             Once a petition is certified for the group of
                                                                                                    on imports of farm raised fish and seafood
                                                                                                                                                           jobs since the recession began in De-
                                           producers, qualifying producers are eligible                                                                    cember of 2007. Roughly half of those
                                                                                                    only.
                                           for benefits for a 36–month period. A pro-                 The proponents expect that the Depart-               losses have occurred in the past 3
                                           ducer may not receive more than $12,000 in               ment of Agriculture will fully fund and oper-          months. Our job losses are accel-
                                           any 36–month period to develop and imple-                ate the TAA for Farmers and Fishermen pro-
                                           ment business plans under the program.
                                                                                                                                                           erating, and if the Federal Government
                                                                                                    gram for the full duration of each fiscal year         does not take bold action immediately,
                                             The provision allows fishermen and aqua-
                                                                                                    for which it is authorized.                            these losses will only continue to wors-
                                           culture producers who are otherwise eligible
                                                                                                                      EFFECTIVE DATE                       en.
                                           to receive TAA benefits to demonstrate in-
                                           creased imports based on imports of farm-                  The provision goes into effect upon expira-            That is why this measure before us is
                                           raised or wild-caught fish or seafood, or                tion of the 90–day period beginning on the             focused first and foremost on creating
                                           both.                                                    date of enactment of this Act, and applies to
                                                                                                    petitions filed on or after that date.
                                                                                                                                                           jobs. Every job we create by investing
                                                           REASONS FOR CHANGE                                                                              in infrastructure, every job we save by
                                                                                                      Extension of Authorization and Appropria-
                                             The proponents believe that the 20 percent             tion for Trade Adjustment Assistance for               providing extra funds to State and
                                           price decline currently required for a group             Farmers (Section 1787 (amending Section 298            local governments, is one more Amer-
                                           of producers to be certified under the TAA               of the Trade Act of 1974))                             ican who will know their Government
                                           for Farmers program is too high, and creates
                                           an unnecessary barrier for producers to qual-
                                                                                                                       PRESENT LAW                         has done everything it can to help its
                                           ify for TAA benefits. Further, producers and               The authorization and appropriation for              citizens recover from this terrible eco-
                                           the Department of Agriculture were con-                  the TAA for Farmers program expired on De-             nomic crisis.
                                           cerned that the current five-year look back              cember 31, 2007. The program is currently au-            The total appropriations in the
                                                                                                    thorized at $90 million per year.
                                           period was too long and burdensome for pro-                                                                     amended bill are $290 billion. Some
                                           ducers.                                                             EXPLANATION OF PROVISION
                                                                                                                                                           have suggested that we in the Senate
                                             Additionally, since net farm income is a                 This provision reauthorizes the program
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                                                                                                                                                           have paid too high a price in our efforts
                                           function of many factors, it has proven very             through December 30, 2010, and maintains its
                                                                                                                                                           to reach a bipartisan solution. As the
                                           difficult for producers to show the required             funding at $90 million per year for fiscal
                                           decline in net income, even when the price               years 2009 and 2010. The provision further             chairman of the Appropriations Com-
                                           for specific commodities had declined signifi-           provides funding on a prorated basis for the           mittee, I am keenly aware of the ad-
                                           cantly. Several disputes regarding whether               period beginning October 1, 2010, and ending           justments that have been made to this
                                           producers met the net income test were                   December 31, 2010.                                     legislation in order to secure the 60



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                                           S2064                                             CONGRESSIONAL RECORD — SENATE                                                   February 10, 2009
                                           votes we need. Nonetheless, I know                        The PRESIDING OFFICER. Without                       vision is also included in the managers’
                                           that $290 billion is far superior to noth-              objection, it is so ordered.                           package.
                                           ing, which is what we would have if we                    Mr. BAUCUS. I suggest the absence                      While I believe adding these pro-
                                           do not garner 60 votes. This remains a                  of a quorum.                                           posals will improve the bill, it is my
                                           very strong bill that will make a dif-                    The PRESIDING OFFICER. The                           understanding there is likely to be an
                                           ference in the lives of millions of                     clerk will call the roll.                              objection to my request. We could not
                                           Americans.                                                The legislative clerk proceeded to                   include every amendment in the pack-
                                             As I stated before, nothing is more                   call the roll.                                         age. We have done the best we can. I
                                           important than the more than 3.5 mil-                     Mr. BAUCUS. Mr. President, I ask                     think it would improve upon the bill if
                                           lion jobs that will be created or pre-                  unanimous consent that the order for                   this package were adopted.
                                           served through this measure. Our goal                   the quorum call be rescinded.                            Mr. President, I ask unanimous con-
                                           is to find ways to stimulate the private                  The PRESIDING OFFICER. Without                       sent that I be allowed to call up my
                                           sector through the public sector spend-                 objection, it is so ordered.                           amendment No. 572, the so-called man-
                                           ing. We have no interest in expanding                     Mr. BAUCUS. Mr. President, I wish                    agers’ amendment; that the amend-
                                           or growing the Federal bureaucracy. In                  now to talk about a package of amend-                  ment be adopted, and that the motion
                                           fact, this bill will create fewer than                  ments that hasn’t been added to the                    to reconsider be laid upon the table.
                                                                                                   legislation but has merit. I want to put                 The PRESIDING OFFICER. Is there
                                           5,000 new Federal jobs. That is three-
                                                                                                   my colleagues on notice that I will be                 objection?
                                           tenths of 1 percent—hardly a vast                                                                                Mr. GRASSLEY. Mr. President, I
                                           growth in our Government.                               asking unanimous consent that this
                                                                                                   package be added to the legislation.                   must object. Before I do so, I will make
                                             We are focused on jump-starting nec-                                                                         this little statement. Obviously, the
                                           essary projects that will get this econ-                  On a piece of legislation this large, it
                                                                                                   is difficult to process every amendment                chairman, in keeping his word to me,
                                           omy back on track as quickly as pos-                                                                           has gone on to deliver on that word by
                                           sible. In fact, preliminary CBO and                     that is filed. In fact, over 600 amend-
                                                                                                                                                          working out arrangements on some
                                           Joint Tax scoring shows that for the                    ments have been filed to this bill. We
                                                                                                                                                          amendments I wanted. It might look
                                           bill as a whole, including spending and                 have processed 30 of these, but that
                                                                                                                                                          confusing to the public at large as to
                                           tax cuts, 78 percent of the funds will be               leaves about 500 not yet voted on.
                                                                                                                                                          why on this side we are objecting. As
                                           spent in fiscal years 2009 and 2010.                      The same was true in the Finance
                                                                                                                                                          we do things in the Senate on unani-
                                             Some of the opponents of this meas-                   Committee, before we took up the bill
                                                                                                                                                          mous consent, any one person can ob-
                                           ure have complained that it has too                     and before it came to the floor. In the                ject.
                                           much      wasteful    spending.   Helping               committee we had over 200 amend-                         We have asked a lot of Members on
                                           States deal with long-term invest-                      ments filed and we couldn’t vote on                    our side what they thought about this
                                           ments such as health, education, and                    every one of those. On a number of                     particular UC request because we knew
                                           science is not wasteful spending. These                 them, I asked Senators to withhold                     about it ahead of time. On behalf of a
                                           are programs that will directly touch                   from offering them. For some, we were                  number of Members on our side of the
                                           millions of Americans and will improve                  not sure how much they would cost,                     aisle, acting for them, I must and do
                                           the quality of their lives. Let me say                  and for others we needed more time to                  reluctantly object.
                                           again that there are no earmarks in                     analyze the proposal because they                        The PRESIDING OFFICER. Objec-
                                           this bill.                                              came to us pretty quickly and we                       tion is heard.
                                             As for some of the other charges lev-                 didn’t know what it meant. I asked                       Mr. GRASSLEY. Mr. President, if I
                                           eled by opponents of the bill, I can only               Senators to hold off for a while to fig-               may have the floor, I wish to make
                                           say that the facts speak for them-                      ure out what it means, and maybe we                    some remarks about the stimulus bill
                                           selves. Despite claims that this recov-                 can work it out, but it would be best to               generally and about an upcoming vote
                                           ery package contains $150 million for                   take it to the floor. Many Senators did                we have in the Senate that we call
                                           honeybee insurance, there is not and                    that. I pledged to the Senators I would                waiving the Budget Act.
                                           there never has been, any language                      work with them on the floor.                             Today, the Senate will consider
                                           with regard to honeybees contained in                     We were able to work out many of                     whether we should apply budget dis-
                                           this legislation.                                       the amendments. Senator GRASSLEY                       cipline to this bill before us. Yesterday,
                                             There is no funding for prevention of                 and I reached an agreement on a num-                   there was a lot of revision, or perhaps
                                           sexually transmitted diseases, nor for                  ber of tax and health amendments, and                  editing, of recent budget history, and I
                                           smoking cessation programs, nor for                     they are reflected in an amendment                     come to the floor to speak about it in
                                                                                                   that has been filed. As our staffs                     an intellectually honest way. Even our
                                           resodding the National Mall. As I have
                                                                                                   looked at these amendments, we                         President alluded to it. I agree with
                                           already stated, this bill will create
                                                                                                   worked out an agreement on a lot of                    the President that there is a lot of re-
                                           fewer than 5,000 new Federal jobs,
                                                                                                   these amendments and they are con-                     visionism in the debate. The revisionist
                                           which is well short of the 600,000 new
                                                                                                   tained in the managers’ amendment I                    history basically boils down to two
                                           Federal jobs that some have suggested                                                                          conclusions:
                                           and predicted.                                          am talking about. Some were technical
                                                                                                                                                            One, that all of the ‘‘good’’ fiscal his-
                                             The facts speak for themselves. We                    in nature. We have several, for exam-
                                                                                                                                                          tory of the 1990s was derived from a
                                           face a grave economic crisis. We have a                 ple, health-related provisions that clar-
                                                                                                                                                          partisan tax increase of 1993; and, two,
                                           nation that stood up 3 months ago and                   ify the legislative language to make                   that all of the ‘‘bad’’ fiscal history of
                                           voted for change, not for more of the                   sure it reflects what the Finance Com-                 this decade we are in now is attrib-
                                           same policies that got us into the crisis               mittee voted to report to the Senate.                  utable to the bipartisan tax relief plans
                                           in the first place.                                       Other provisions are modifications of                of 2001 and 2003, and maybe some lesser
                                             This legislation is not perfect, but it               provisions in the underlying bill. For                 tax bills.
                                           absolutely represents the change that                   example, one of the provisions makes                     Not surprisingly, nearly all of the re-
                                           millions of Americans voted for on No-                  sure military personnel can receive the                visionists who spoke generally oppose
                                           vember 4 last year, and I hope my col-                  Making Work Pay credit even if their                   tax relief, and somehow always seem to
                                           leagues will join me in giving our citi-                spouse is not a U.S. citizen. Another                  support tax increases. The same crew
                                           zens the change they demanded and                       provision expands on a proposal in-                    generally supports spending increases
                                           vote yes on the American Recovery and                   cluded in the Finance Committee to                     and, not oddly, opposes spending cuts.
                                           Reinvestment Act.                                       help companies deleverage and buy                        In the debate so far on this bill,
                                             I yield the floor.                                    back some of their debt.                               called the stimulus package, many on
                                             The PRESIDING OFFICER. Who                              Other provisions are new, but they                   this side have pointed out some key
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                                           yields time?                                            are good ideas and simply didn’t get a                 undeniable facts. The bill before us,
                                             Mr. BAUCUS. Mr. President, I ask                      vote. Ms. SNOWE, for example, has pro-                 with interest included, increases the
                                           unanimous consent that the time con-                    posed reducing the estimated taxes                     deficit by over $1 trillion. The bill be-
                                           sumed during the quorum calls this                      that small businesses have to pay quar-                fore us is a heavy stew of spending in-
                                           morning be charged equally against                      terly, since most of them will have                    creases and refundable tax credits, sea-
                                           both sides.                                             fewer or no profits this year. That pro-               soned with small pieces of tax relief.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S2065
                                           The bill before us has new temporary                    That conclusion is that in this decade,                That is what the vote in less than an
                                           spending that, if made permanent, will                  since the year 2000, all fiscal problems               hour is all about.
                                           burden future budget deficits by over $1                are attributable to the widespread tax                   President Obama rightly focused us
                                           trillion.                                               relief enacted in 2001, 2003, 2004, and                on the future with his eloquence during
                                             That antirecessionary spending, to-                   2006.                                                  that campaign, as I have already re-
                                           gether with lower tax receipts, plus the                  In 2001, President Bush came into of-                ferred to. But I would like to be more
                                           TARP activities, has set a fiscal table                 fice. Just last night, we heard on tele-               specific and paraphrase a quote from
                                           of a deficit of $1.2 trillion. That is the              vision about all of the problems today                 the President’s nomination acceptance
                                           highest deficit, as a percentage of the                 are the result of the last 8 years. Let’s              speech: We need a President who can
                                           economy, in post-World War II history.                  take a look at that.                                   face the threats of the future, not
                                             It is not a pretty fiscal picture, and                  President Bush inherited an economy                  grasping at the ideas of the past.
                                           it is going to get a lot uglier as a result             that was careening downhill. Invest-                     My President was right. We need a
                                           of this bill. So for the folks who see                  ments started to go flat in 2000. Do you               President—and I would like to add Con-
                                           this bill as an opportunity to recover                  know NASDAQ lost 50 percent of its                     gressmen and Senators—who spends all
                                           America, with Government taking a                       value in the year 2000, not in the year                the time facing the threats of the fu-
                                           larger share of the economy over the                    2001 and beyond? Then came the eco-                    ture. This bill, as currently written,
                                           long term, I say congratulations. That                  nomic shocks of the 9/11 terrorist at-                 poses considerable threats to our fiscal
                                           is where the revisionist history comes                  tacks. I might add, we had 40 or more                  future. Senator MCCAIN’s spending
                                           from. It is a strategy to divert, through               months of downturn in the manufac-                     trigger amendment showed us the way.
                                           a twisted blame game, from the facts                    turing index that started in February                  We can rewrite this bill to retain its
                                           before us.                                              2000, also before President Bush became                stimulative effect but turn off the
                                             How is history revisionist? I want to                 President. And then we add in the cor-                 spending when the recovery occurs.
                                           take each conclusion, one by one.                       porate scandals to that economic envi-                   Grasping at ideas of the past or play-
                                             The first conclusion is that all of the               ronment. We had the 9/11 terrorist at-                 ing the partisan blame game will not
                                           good fiscal history was derived from                    tacks.                                                 deal with the threats to our fiscal fu-
                                           that 1993 tax increase. To knock down                     It is true, as the fiscal year 2001 came             ture. With a vote to sustain the budget
                                           this canard, all you have to do is look                 to a close, the projected surplus turned               point of order against this bill, I say to
                                           at this chart I put up.                                 into a deficit. I have a chart that shows              my fellow Senators, we can start to
                                             This chart was not produced by a                      the start of this decade’s fiscal history              deal with threats to the fiscal future in
                                           bunch of Republicans. This chart was                    right here. As we can see, in just the                 the way Senator MCCAIN would or the
                                           produced by the Clinton administra-                     right time, the 2001 tax relief plan                   way other people might bring good
                                           tion. We can see down in the right cor-                 started to kick in. The deficit grew                   ideas forth.
                                           ner, the ‘‘Office of Management and                     smaller.     This    pattern     continued               According to the Senate Finance Re-
                                           Budget.’’                                               through 2007.                                          publican tax staff analysis of the Joint
                                             The much ballyhooed 1993 partisan                       I have another chart that compares                   Committee on Taxation’s revenue esti-
                                           tax increase accounts for 13 percent of                 the tax receipts for the 4 years after                 mate of the Nelson-Collins substitute
                                           deficit reduction in the 1990s. We can                  the much ballyhooed 1993 tax increase                  amendment, less than $6 billion is pro-
                                                                                                   and the 4-year period after the 2003 tax
                                           see in green the 1993 tax increase that                                                                        vided in that amendment in tax relief
                                                                                                   cuts. If we go to the tax increase, the
                                           has been ballyhooed about the floor of                                                                         for small businesses. Let me be clear,
                                                                                                   blue line, we can see there was some
                                           this body several times did not have as                                                                        small business tax relief makes up less
                                                                                                   uptick, but it stayed flat. Look at tax
                                           much to do with deficit reduction as we                                                                        than 1 percent of the bill. I think that
                                                                                                   relief coming, the red line, what that
                                           are led to believe.                                                                                            is truly outrageous. Small businesses
                                                                                                   has done for income into the Federal
                                             What is more, fiscal revisionist histo-                                                                      create approximately three-fourths of
                                                                                                   Treasury.
                                           rians in this body tend to forget who                     On a year-after-year basis, this chart               the new jobs in our economy. So if this
                                           the players were. They are correct that                 compares the change in revenues as a                   bill is all about jobs, certainly more
                                           there was a Democratic President in                     percentage of GDP. In 1993, the Clinton                tax relief would have been provided to
                                           the White House, but they conven-                       tax increase brought in more revenue                   small businesses because they are the
                                           iently forget that Republicans con-                     as compared to the 2003 tax cut. But                   job-creating engines of our economy.
                                           trolled the Congress for the period                     that trend reversed as both policies                     Less than 1 percent of the bill going
                                           where the deficit came down and actu-                   moved along. We can see how the extra                  to small business tax relief is a puny
                                           ally turned into a surplus. They tend to                revenue went up over time relative to                  amount. For example, according to
                                           forget that they fought the principle of                the flat line of the 1993 tax increase.                Senator NELSON’s Web site summary of
                                           a balanced budget that was the center-                    So let’s get the fiscal history right.               this bill, here are just some of the pro-
                                           piece of my party’s fiscal policy.                      The progrowth tax-and-trade policies                   visions that the Senate Democratic
                                             Remember the Government shutdown                      of the 1990s, along with a peace divi-                 leadership has spent more money on
                                           of 1995? I want the people on the other                 dend, had a lot more to do with the def-               than small business tax relief.
                                           side of the aisle to remember that, re-                 icit reduction in the 1990s than the 1993                The Senate Democratic leadership is
                                           member what it was all about. It was                    tax increase did. In this decade, defi-                putting your money where their mouth
                                           about a plan to balance the budget. Re-                 cits went down after tax relief plans                  isn’t and saying that these items are a
                                           publicans paid a political price for forc-              were put into full effect.                             higher priority to them than small
                                           ing the issue. But in 1997, President                     That is the past. We need to make                    business tax relief is. Some of these
                                           Clinton agreed.                                         sure we understand it. But what is                     items are: $7 billion for Federal build-
                                             Recall as well all through the 1990s                  most important is the future. All I can                ings fund, $6.4 billion for State and
                                           what the yearend battles were about.                    say is that my President, President                    Tribal assistance EPA grants, and $13.9
                                           On one side, congressional Democrats                    Obama, talked about the future all dur-                billion for Pell grants. While some of
                                           and the Clinton administration pushed                   ing the campaign. Why Members of his                   the provisions in the bill are worthy of
                                           for more spending. On the other side,                   party have been talking about the last                 being done in regular order, certainly
                                           congressional Republicans were push-                    8 years and not about the future, I                    none should get higher funding than
                                           ing for tax relief. In the end, both sides              don’t know. We need to talk about the                  small business tax relief because this is
                                           compromised. That is what our Gov-                      future. People in our States send us                   supposedly a stimulus bill that is about
                                           ernment and Constitution forces, and a                  here to deal with the future. They do                  creating jobs.
                                           lot of that is done because in the Sen-                 not send us here to flog one another                     Mr. President, in remarks a few min-
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                                           ate we have rules that do not allow one                 like partisan cartoon cutout characters                utes ago, the senior Senator from New
                                           party to push something through.                        and to do it over past policy. They do                 York referred to my amendment on the
                                             That is the real fiscal history of the                not send us here to endlessly point fin-               current year’s alternative minimum
                                           1990s.                                                  gers of blame around.                                  tax, AMT, hold-harmless or patch. He
                                             Now let’s turn to the other conclu-                     Now let’s focus on the fiscal con-                   was correct that I pushed for the patch
                                           sion of the revisionist fiscal historians.              sequences of the bill in front of us.                  very early in the stimulus discussions.



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                                           S2066                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           I mentioned it at before and after our                  recent weeks has been with the focus of                That entity is called the free market
                                           bipartisan Finance Committee Mem-                       the solution, and I believe the focus is               system. It is entrepreneurs, it is risk
                                           bers’ meeting. I filed it at the Finance                misfocused.                                            takers, it is capitalists. Those people
                                           Committee markup. To be fair, so did                      The President agrees, we agree, and                  and those entities created these jobs to
                                           Senator MENENDEZ. The committee                         most economists agree that economic                    begin with. They can do it again. That
                                           adopted the AMT patch amendment.                        recovery will require a three-path solu-               entity, the free market system, has
                                             If I heard the Senator from New York                  tion. The first is attention to the bank-              created the most successful culture in
                                           correctly, he agreed with me on the                     ing sector, and that comprises two dif-                the history of the world. For the free
                                           merits of adding the AMT pacth. His                     ferent parts. No. 1 is continued viabil-               market system to operate, there must
                                           point seemed to be to say I, and others                 ity of our bank system; and No. 2, and                 be free-flowing credit, and of course
                                           who oppose the bill in its present form,                most importantly, reestablishing cred-                 that does depend upon Government pol-
                                           we are taking an inconsistent bill.                     it flow, which is badly impaired at this               icy. That is why I come down on the
                                             Let me repeat what we, on this side,                  time.                                                  side of needing to focus more on that
                                           have been saying about the need for                       The second path is the housing sec-                  particular aspect of this problem.
                                           this bill. We agree there needs to be a                 tor. Most economists agree it was the                    I listened to the President last night,
                                           stimulus. But we need to do it right.                   housing sector that led us into this dif-              and he talked about the $800 billion
                                           Including the AMT pacth improves                        ficulty and it is going to be the housing              number. He said he did not reach up in
                                           what is an otherwise poorly designed                    sector that leads us out or, if it does                the air and pull that number out of the
                                           bill.                                                   not lead us out, at least it has to re-                air. I wish I knew where that number
                                             The patch does not remedy the out-                    cover before we will see any decent                    came from. I have yet to see the for-
                                           year spending problem. It does not                      movement in the economy.                               mula that was devised, either by the
                                           eliminate the rest of new broad entitle-                  And third is the Government expend-                  President or, more likely, his advisers
                                           ment spending.                                          iture item. That particular item has                   who came up with this $800 billion fig-
                                             I am hopeful that, in conference, the                 received all the ink, all the publicity,               ure. Indeed, that formula has a lot of
                                           senior Senator from New York, and                       and all the discussion in recent weeks.                value. If that formula could be put on
                                           other members of the Democratic lead-                   The focus should not be on Government                  paper, every economy in the world,
                                                                                                   spending. The focus of the solution                    every country in the world, would be
                                           ership, will fight for the Senate posi-
                                                                                                   should be on credit flow and on the                    very interested in that valuable com-
                                           tion on the AMT patch. There are
                                                                                                                                                          modity. Because if indeed you can sim-
                                           124,000 Iowa families who could face an                 housing market, and it is not. To that,
                                                                                                                                                          ply take that formula and come up
                                           average tax increase of $2,300 per fam-                 I object.
                                                                                                     When the President very kindly came                  with a number and then borrow enough
                                           ily if the AMT patch is not enacted. I
                                                                                                   to the Republican conference, we had a                 money and spend that money to get
                                           am looking out for them. I hope the
                                                                                                   spirited discussion on these matters. I                the economy moving again, this is very
                                           Democratic leadership is looking out
                                                                                                   was delighted to see that he agreed it                 simple.
                                           for them too.                                                                                                    Here is the problem with all of this.
                                             I urge my colleagues to vote for                      was going to take a three-path solution
                                                                                                                                                          That $800 billion number, or whatever
                                           budget discipline, sustaining the point                 to get us out of this. I was disappointed
                                                                                                                                                          number it turns out to be—and of
                                           of order.                                               that his enthusiasm continued to be for                course when you add interest in, it will
                                             I yield the floor. I suggest the ab-                  the spending side, which of course is a                be well over a trillion dollars, or some-
                                           sence of a quorum.                                      very easy thing to do and something                    where in the neighborhood of $1.2 tril-
                                             The PRESIDING OFFICER. The                            which this town is particularly adept                  lion—that money has got to come from
                                           clerk will call the roll.                               at. Again, my problem is the focus.                    somewhere. It is not free money. The
                                             The bill clerk proceeded to call the                  Spending by the Government is not                      way America is going to get that
                                           roll.                                                   going to resolve this problem.                         money is it is going to go out and bor-
                                             Mr. RISCH. Mr. President, I ask                         This proposal has some job creation—                 row it. We all know what happens when
                                           unanimous consent that the order for                    that is the so-called ‘‘stimulus’’ pack-               America goes out and borrows money.
                                           the quorum call be rescinded.                           age—and for that I am grateful. The                    Who provides us with that money? The
                                             The PRESIDING OFFICER. Without                        best example of that is roads and                      major contributor of purchasing our
                                           objection, it is so ordered.                            bridges. However, if you take a per-                   debt is the Chinese Government and
                                             Mr. RISCH. Mr. President and fellow                   centage of the amount of money we are                  the Chinese people. There is no plan for
                                           Senators, I came today to make a few                    talking about, that is only about 3 per-               repayment of that debt. What business
                                           remarks regarding the vote we are                       cent of the bill. There are lots of parts              in America, what entity in America
                                           about to have, in about half an hour,                   of this bill that do not do anything to                would think of borrowing any amount,
                                           on the so-called ‘‘stimulus’’ package. I                stimulate the economy, and I am not                    let alone an amount this size, without
                                           think everyone who is a Member of this                  going to spend time on that this morn-                 a clear and cogent plan for repaying
                                           body agrees with the magnitude of the                   ing, because they have been well pub-                  that money?
                                           problem. I have heard my colleagues on                  licized, and I have no doubt will be pub-                Keynesian economics teaches us we
                                           the other side and my colleagues on                     licized more in the future.                            can spend our way out of a problem.
                                           this side speak with great clarity and                    The other difficulty with the bill, if               Keynesian economics has been proven
                                           sometimes with great passion about                      you take the number of jobs the Presi-                 over and over again to be a great the-
                                           the problem. Clearly, the American                      dent is attempting to create or to pro-                ory, a wonderful theory, a source of
                                           economy is in dire straits. Everyone                    tect, the cost is in the hundreds of                   hope, but it has been a total failure. It
                                           agrees with that. The amount of pas-                    thousands of dollars per job. That, as                 didn’t work for the Japanese in the
                                           sion that one speaks with neither                       much as anything, shows how difficult                  1990s, it didn’t work for this country
                                           raises nor lowers that level.                           it is for the Government to get us out                 back in the Great Depression, and it
                                             I heard the President of the United                   of this by spending. It is a futile effort.            didn’t even work last year, when every-
                                           States last night say there were some                   We have between 7 and 8 percent unem-                  one was given $600. It didn’t even put a
                                           people who thought there should be no                   ployment in this country, which means                  blip on the screen in trying to get us
                                           action taken by our Federal Govern-                     over 92 percent of Americans are em-                   back to prosperity. Keynesian econom-
                                           ment. I am not aware of those people.                   ployed. What happens if unemployment                   ics—government spending—to get us
                                           I am sure there are some around, but I                  continues to accelerate? The Federal                   back on track, has never worked before
                                           think most people agree the main re-                    Government cannot borrow or print                      and it will not work again. If it does
                                           sponsibility of the Government of the                   enough money to salvage all those jobs                 work, it will be the first time in his-
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                                           United States is to protect its people,                 at the cost of several hundred thousand                tory, and it will defy uniform history
                                           but closely behind that is to regulate                  dollars per job. The Federal Govern-                   that has shown us in the past that it
                                           monetary policy and economic policy.                    ment simply can’t do it.                               won’t work.
                                           Nations have been doing both of those                     Now, there is an entity that can do                    I hope when we go home during the
                                           things for many years. My problem                       it. There is an entity that can create                 recess time that this economy is mov-
                                           with the discussion we have had over                    enough jobs and protect enough jobs.                   ing in a different direction. I truly



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2067
                                           hope that is the case. And I hope we                      Now, it is true that some dollars are                massive numbers. We have to do some-
                                           can be arguing on this floor whether it                 more stimulative than other dollars.                   thing, we have to do something big. I,
                                           was this enormous spending package                      Basically, economists say that dollars                 frankly, think in this Congress not
                                           that did it or whether it was the vagar-                spent on roads and bridges and infra-                  much of anything happens most of the
                                           ies of an undulating world economy, or                  structure and so forth are more stimu-                 time unless one of two conditions oc-
                                           whether it was economic policy dealing                  lative than dollars spent on tax reduc-                curs. One is a crisis. Then Congress
                                           with the banking sector and the hous-                   tions. They all agree on that. In fact,                acts and does something—Pearl Har-
                                           ing sector that turned it around.                       the Joint Committee on Taxation and                    bor, Sputnik, Depression. Another is if
                                             I am encouraged by the fact the                       the CBO sent a letter recently—actu-                   there is extraordinary political leader-
                                           President has committed that he will                    ally, the Congressional Budget Office,                 ship.
                                           turn his attention to the other two                     the CBO, sent a letter to this Senate                    I say we certainly have a crisis, and
                                           paths in this three-path system, the                    recently—making that very point, and                   we certainly have an extraordinary
                                           banking sector and the housing sector,                  they categorized how stimulative each                  President. Combined—the President
                                           after this package is passed.                           dollar spent is. The more it is taxes,                 wants this, this is a crisis we have to
                                             The title of this bill, the ‘‘economic                the less stimulative it is. But it does                deal with—let’s stand and do what the
                                           stimulus’’ bill, is truly a giant fraud on              stimulate the economy, no doubt about                  American people want us to do and not
                                           the American people. It is not a stim-                  it. The more it is not taxes, the more it              haggle, not bicker, not get partisan.
                                           ulus package. It is a giant spending                    is bridges and roads and infrastructure,               This is pretty simple stuff. It is a big
                                           package. Admittedly, there are parts of                 the more it stimulates the economy.                    problem and requires a big solution.
                                           it that one could argue are stimulus,                   There is no doubt about that. And then                 This solution is a good solution. I
                                           but it is so de minimis that one cannot                 there is a middle category, which fo-                  strongly urge my colleagues to support
                                           call this an economic stimulus pack-                    cuses on unemployment benefits, Med-                   it because it is the right thing to do.
                                           age.                                                    icaid, and food stamps. That is very                     The PRESIDING OFFICER. The Sen-
                                             Like everyone on this floor, I am                     stimulative, because those are the                     ator from Alabama is recognized.
                                           concerned about the future of our chil-                 lower income people who spend the                        Mr. SESSIONS. Mr. President, I
                                           dren and our grandchildren. Borrowing                   money. To say the dollars in this bill                 think the Congressional Budget Office,
                                           $800 billion-plus, mostly from the Chi-                 are not stimulative is flatly not true.                our top adviser, advises us there will be
                                           nese Government and the Chinese peo-                    Every dollar spent is stimulative.                     some stimulus in the next 2 to 3 years.
                                           ple, and indenturing our children, our                    Second, analysis of CBO and Joint                    But over a 10-year period, our own
                                           grandchildren, and our great-grand-                     Tax, the Congressional Budget Office,                  budget office says the crowding out of
                                           children to work to repay the Chinese                   and the Joint Committee on Taxation,                   private people being able to borrow
                                           Government and the Chinese people so                    shows that 99 percent of all the dollars               money because the Government has al-
                                           we can spend that money today I be-                     in the Finance Committee bill are                      ready borrowed it, and the substantial
                                           lieve is fundamentally wrong. I don’t                   spent in the first 2 years. There is                   interest payment on the economy as a
                                           believe we should indenture future gen-                 nothing permanent about this. I have                   result of taking out this debt, will re-
                                           erations of Americans, and for that                     heard Senators on the other side say                   sult in a net negative growth in GDP
                                           reason this Senator will be casting his                 this is permanent. It is not permanent;                over 10 years. We are talking about a
                                           vote ‘‘no’’ on behalf of the people of the              79 percent of all the dollars in this bill,            short-term gain for a long-term nega-
                                           great State of Idaho.                                   according to the CBO and Joint Com-                    tive and certainly in the next 10 years
                                             Mr. President, I yield the floor.                     mittee on Tax, are spent in the first 2                the stimulus is long since gone then,
                                             The PRESIDING OFFICER. The Re-                        years—about four-fifths, 80 percent, in                and we will have that debt burden
                                           publican leader.                                        the first 2 years. That is not perma-                  every year thereafter because there is
                                             Mr. MCCONNELL. Mr. President, we                      nent; that is spent in the first 2 years.              no plan to pay it back.
                                           had an opportunity to hear the initial                    No. 1, every dollar spent is stimula-                  Mr. Gary Becker, Nobel Prize winner
                                           or, as we call it, the maiden speech of                 tive. Some is more stimulative—roads                   in economics, the University of Chi-
                                           the new Senator from Idaho, and I                       and bridges more than taxes. No. 2, this               cago, in the Wall Street Journal today
                                           wanted to be on the floor to listen to                  is temporary; 79 percent of the whole                  raised this question:
                                           his words. This is a great opportunity                  bill is spent in the first 2 years. No. 3,               How much will the stimulus package mov-
                                           to welcome him to the Senate and to                     again, this is not permanent, but it is                ing in the Congress really stimulate the
                                           encourage all our colleagues to read                    all going to be spent, four-fifths, 80 per-            economy?
                                           what he had to say about this massive                   cent in the first 2 years.                               That is what he asked. The evalua-
                                           spending bill we have before us.                          I am a little surprised Senators say                 tions to date have been incomplete.
                                             I think his views were right on tar-                  we should not spend money here. That                   This is what he says his conclusion is:
                                           get, and I congratulate him on his first                is exactly what the Government did                       So our conclusion is that the net stimulus
                                           speech.                                                 back in the 1930s. That is the Hoover                  to the short-term GDP will not be zero—
                                             The PRESIDING OFFICER. The Sen-                       approach. Don’t spend money, don’t                       Certainly $800-plus billion cannot be
                                           ator from Montana.                                      borrow money because that is going to                  zero. He goes on to say—
                                             Mr. BAUCUS. Mr. President, I also                     add to the deficit, add to the debt. That              and will be positive, but the stimulus is like-
                                           congratulate the Senator from Idaho,                    was what was said back then and look                   ly to be modest in magnitude. Some econo-
                                           my neighbor. It is a wonderful oppor-                   what happened. Every economist says                    mists have assumed that every $1 billion
                                           tunity to hear the Senator from Idaho                   that was a mistake, the Government                     spent by the government through the stim-
                                           give his first speech, and it is also                                                                          ulus package would raise short-term GDP by
                                                                                                   should have gotten involved, we should                 $1.5 billion. Or, in economics jargon, that the
                                           great that he is, as I say, my neighbor.                have done something, we should have                    multiplier is 1.5.
                                           I deeply appreciate the shared values                   spent the money. And that is what we                     That seems too optimistic, given the na-
                                           we have in our part of the country. I                   are doing.                                             ture of the spending programs being pro-
                                           might say to my good friend that al-                      Also, what is the alternative to not                 posed. We believe a multiplier well below one
                                           though I don’t agree with the conclu-                   spending. What is the alternative to                   seems much more likely.
                                           sions he has reached, there will be                     not passing this bill? The alternative is                He goes on to make some other
                                           many opportunities for us to work to-                   conditions are much worse. This bill is                points and raise questions about the
                                           gether on issues that affect our part of                going to create or save 3.4 million jobs.              nature of this package.
                                           the country.                                            No bill, 3 to 4 million jobs, more jobs                  We have a budget process in this Con-
                                             I might also say that—and I think all                 lost than currently. This is a no-                     gress. In the Senate, and the Budget
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                                           economists agree with this point—                       brainer.                                               Committee of which I am a Member—
                                           every dollar spent is stimulative—                        Some Senators try to get us side-                    meeting right now, I just left the com-
                                           every dollar. Every single dollar in this               tracked. Lawyers call it red herrings,                 mittee—we set a spending limit for
                                           bill is stimulative—every dollar. All                   one theory or another, which is not the                America each year. That limit is sup-
                                           economists would say that—all econo-                    heart of the problem. The heart of the                 posed to be complied with unless we de-
                                           mists.                                                  problem is people are losing jobs by                   clare an emergency. When we declare



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                                           S2068                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           an emergency, then we can spend over                      Mr. SESSIONS. I thank the Chair                        Last night, President Obama brought
                                           the budget. I wish to say, first, we are                and I yield the floor.                                 his case of economic recovery directly
                                           getting in too much of a habit of de-                     Mr. REID. Mr. President, the distin-                 to the American people. He clearly ex-
                                           claring emergencies, tacking all kinds                  guished Senator from Montana has 1                     plained that no new President relishes
                                           of spending programs onto those emer-                   minute?                                                the thought of starting an administra-
                                           gency programs and, as a result, we are                   The PRESIDING OFFICER. The Sen-                      tion with a major investment of public
                                           collapsing the power and effectiveness                  ator is correct. The Senator from Mon-                 funds to clean up the economic mess
                                           of the budget process.                                  tana is recognized.                                    left by the previous administration.
                                             For example, we had over $100 billion                   Mr. BAUCUS. Mr. President, since                     But he had no choice, as he explained
                                           on Katrina. A lot of that was needed,                   this recession began, 3.6 million moth-                so well in Elkhart, IN, yesterday and
                                           but all kinds of things not related to                  ers, fathers, sisters and brothers, wives              last night to the American people.
                                           Katrina were added because if you add                   and husbands have lost their jobs. On                    Not one Member of Congress or one
                                           it onto an emergency spending bill you                  the Senate floor today, we have the                    single American family relishes the
                                           don’t have to account for it. It does not               power to keep 3 to 4 million more                      difficult choices left for us to make.
                                           have to compete with any other na-                      Americans from losing their jobs. We                   But with a growing likelihood that this
                                           tional spending priority. Otherwise,                    have crafted this bill to accomplish                   crisis will grow into what the Presi-
                                           you have to go in through your com-                     this end. Ninety-nine percent of the Fi-               dent has termed a ‘‘possible catas-
                                           mittees and argue that this spending is                 nance Committee’s legislation will                     trophe,’’ the worst decision would be
                                           justified.                                              take effect in the first 2 years and 79                indecision.
                                             I think when you look at other                        percent of the total bill’s fiscal effects               The President, as I mentioned, spoke
                                           things such as the TARP spending last                   will take place in the first 2 years.                  in the city of Elkhart, IN, a place
                                           fall, $700 billion we authorized, and                     The question is merely whether we                    where unemployment has risen in a
                                           then authorized the second half of it                   will act. Our duty is clear. Let us re-                short period of time from 4 percent to
                                           earlier this year, that was outside the                 ject half measures. Let us reject delay.               over 15 percent. But some say the un-
                                           budget process. We are going to see                     Let us not be found on the wrong side                  employment in Elkhart is truly over 20
                                           that this stimulus, every penny of it, is               of history. Let us rise to the economic                percent.
                                           on top of the largest debt we have ever                 challenge of our generation. Let us pre-                 In Nevada the latest figures have sur-
                                           had in America. The Congressional                       serve millions of American jobs and let                passed 9 percent unemployment, with
                                           Budget Office scores the debt this year                 us pass this bill today.                               no sign of retreat in sight. The people
                                           to be $1.2 trillion, without the stim-                    The PRESIDING OFFICER. The ma-                       of Elkhart understand our economy
                                           ulus. Last year, at $455 billion, we hit                jority leader is recognized.                           will not turn around overnight. Reno
                                           the highest deficit in the history of the                 Mr. REID. Mr. President, in 1844, a                  and Carson City and Las Vegas have
                                           country. So this is more than twice                     man came to Washington recognizing                     patience for the tough choices in the
                                           that added to it.                                       the country had been in a deep reces-                  hard days to come. The American peo-
                                             Then we are going to have another fi-                 sion in 1837 and it spilled over a num-                ple understand that. But the American
                                           nancial Wall Street bailout package                     ber of years. He came to Washington                    people have no patience for a Congress
                                           presumably presented to us soon. It                     with an idea. He came to Congress with                 that points fingers, drags its feet or
                                           will also be spending outside the budg-                 an idea. What he wanted to do was                      fails to act.
                                           et.                                                     build some power poles, put some wire                    It is not common—in fact, try to
                                             I wish to repeat: Every penny of the                  on them, and he said if he did that, this              think of the last time the National As-
                                           $1.2 trillion of the stimulus package
                                                                                                   infrastructure—and he had money to                     sociation of Manufacturers—NAM, the
                                           will add to the U.S. Government debt.
                                                                                                   do it—would revolutionize communica-                   United States Chamber of Commerce,
                                           The debt burden is so high that CBO
                                                                                                   tions in America.                                      and the AFL–CIO joined in support of
                                           projects the gross domestic product 10                    This man, Samuel Morse, convinced
                                           years from now will be even lower as a                                                                         legislation, any legislation. But they
                                                                                                   Congress to do that. They appropriated                 have in this legislation before us. Each
                                           result of the passage of this legislation
                                                                                                   $40,000. In that day that was a huge                   of these organizations understands how
                                           than if we did not pass it, over a 10-
                                                                                                   amount of money. The Federal Govern-                   important it is for us to pass this bill
                                           year period.
                                             I do not believe we can continue to                   ment appropriated that money and a                     and to get it to the President’s desk.
                                           spend such large sums of money with-                    telegraph line was built between Wash-                   Yesterday, the Senate took a major
                                           out knowing that the money is well                      ington, DC, and Baltimore, MD. The                     step toward doing so by voting 61 to 36
                                           spent, without having the kind of over-                 rest is history. It changed America. It                to lift a filibuster and move forward to
                                           sight and hearings we need. We are                      changed the world. The first telegraph                 a vote. Now we move to final passage of
                                           rushing programs through in great                       line revolutionized communications. It                 President Obama’s economic recovery
                                           numbers. Senator CONRAD, the chair-                     was so significant.                                    plan, but our work doesn’t end there.
                                           man of the Budget Committee, our                          Some opposed funding for the new in-                 We must move swiftly with our col-
                                           Democratic colleague, estimates there                   vention that Morse was talking about,                  leagues in the House to complete work
                                           is $125 billion in what he calls bow                    but once the wires connecting the two                  on the legislation and send it to the
                                           wave money that will increase the                       cities were laid, our country’s commu-                 President’s desk as soon as possible.
                                           spending permanently out of this bill;                  nication structure, as I mentioned, was                The time for debate on this legislation
                                           at least 125. Another one of our Sen-                   changed forever. What started as a gov-                was productive but it is over.
                                           ators says it will be $300 billion that                 ernment investment became a major                        With common sense as our compass,
                                           will be continued and not be tem-                       private sector enterprise, creating                    we must now answer the urgent call of
                                           porary. So there are seven budget                       thousands of jobs and new opportuni-                   the American people for action.
                                           points of order that will lie against                   ties to connect people and ideas. If that                The PRESIDING OFFICER. The Sen-
                                           this legislation. I expect to offer that.               sounds familiar, it is exactly what cre-               ator from Alabama.
                                             It would mean we would have to vote                   ated one of the greatest economic op-                    Mr. SESSIONS. Mr. President, I be-
                                           60 votes and those 60 votes would say                   portunities of our lifetime—not only of                lieve we need to exceed the budget and
                                           we understand it violates the budget,                   our lifetime but ever—the Internet.                    to expend targeted, temporary money
                                           but we want to spend it anyway. That                      Throughout our history the Federal                   that can improve the economy and will
                                           is what the effort will be about.                       Government has catalyzed good ideas,                   make some positive steps. Gary Beck-
                                             Let me briefly point out the signifi-                 invested in the ingenuity and entrepre-                er, a Nobel Prize winner, today said he
                                           cance of the legislation. Everybody                     neurship of the American people, and                   does not believe this is an effective way
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                                           wants to do something. I understand                     let the private sector flourish—Samuel                 to do so. Others have said the same. I
                                           that. We need to do some things. But                    Morse, the Internet. Faced with an eco-                believe greater jobs can be created at
                                           we have to ask ourselves responsibly                    nomic crisis today, we have an oppor-                  substantially less funding.
                                           what has happened.                                      tunity to make similar investments                       I make a point of order that the
                                             The PRESIDING OFFICER. The time                       that will help our country prosper in                  pending amendment offered by the
                                           of the Senator has expired.                             the years to come.                                     Senators from Nebraska and Maine,



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                                           February 10, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                S2069
                                           Mr. NELSON and Ms. COLLINS, would in-                      The PRESIDING OFFICER. Under                            The Acting President pro tempore
                                           crease the on-budget deficit for the                     the previous order, amendment No. 570,                  appointed Mr. INOUYE, Mr. BAUCUS, Mr.
                                           sum of the years 2009 through 2013 and                   offered by the Senator from Maine, Ms.                  REID of Nevada, Mr. COCHRAN, and Mr.
                                           the sum of the years 2009 through 2018.                  COLLINS, and the Senator from Ne-                       GRASSLEY conferees on the part of the
                                           Therefore, I raise a point of order                      braska, Mr. NELSON, is agreed to, and                   Senate.
                                           against the amendment pursuant to                        the motion to reconsider is considered                                    f
                                           section 201(a) of S. Con. Res. 21, the                   made and laid upon the table.
                                           concurrent resolution on the budget for                    The question in on the engrossment                                     RECESS
                                           fiscal year 2008.                                        of the amendment and third reading of                     The PRESIDING OFFICER. Under
                                             Mr. REID. Mr. President, it is my un-                  the bill.                                               the previous order, the Senate stands
                                           derstanding the order before the Sen-                      The amendment was ordered to be                       in recess until 2:15 p.m. today.
                                           ate takes into consideration the move                    engrossed and the bill to be read a                       Thereupon, at 12:44 p.m., the Senate
                                           to waive that; is that true?                             third time.                                             recessed until 2:15 p.m. and reassem-
                                             The PRESIDING OFFICER. If the                            The bill was read the third time.
                                                                                                      The PRESIDING OFFICER. The bill                       bled when called to order by the Pre-
                                           Senator from Nevada will suspend                                                                                 siding Officer (Mr. BURRIS).
                                           briefly, under the previous order, the                   having been read the third time, the
                                                                                                    question is, Shall the bill pass?                         The PRESIDING OFFICER. The ma-
                                           motion to waive is considered made.                                                                              jority leader is recognized.
                                             Mr. REID. So the only thing left is                      Mr. BUNNING. Mr. President, I ask
                                                                                                    for the yeas and nays.                                                    f
                                           the yeas and nays; is that correct?
                                             The PRESIDING OFFICER. The Sen-                          The PRESIDING OFFICER. Is there a
                                                                                                    sufficient second?                                              MORNING BUSINESS
                                           ator from Nevada is correct.
                                                                                                      There appears to be a sufficient sec-                   Mr. REID. Mr. President, there will
                                             Is there a sufficient second?
                                             It appears there is.                                   ond.                                                    be no more rollcall votes today.
                                                                                                      The clerk will call the roll.                           I ask unanimous consent that the
                                             The question is on agreeing to the                       The assistant legislative clerk called                Senate now proceed to a period of
                                           motion. The clerk will call the roll.                    the roll.                                               morning business, with Senators per-
                                             The legislative clerk called the roll.                   Mr. KYL. The following Senator is
                                             Mr. KYL. The following Senator is                                                                              mitted to speak therein for up to 10
                                                                                                    necessarily absent: the Senator from                    minutes each.
                                           necessarily absent: the Senator from                     New Hampshire (Mr. GREGG).                                The PRESIDING OFFICER. Without
                                           New Hampshire (Mr. GREGG).                                 The PRESIDING OFFICER. Are there
                                             The PRESIDING OFFICER. Are there                                                                               objection, it is so ordered.
                                                                                                    any other Senators in the Chamber de-
                                           any other Senators in the Chamber de-                    siring to vote?                                                           f
                                           siring to vote?                                            The result was announced—yeas 61,
                                             The yeas and nays resulted—yeas 61,                                                                                     ORDER OF BUSINESS
                                                                                                    nays 37, as follows:
                                           nays 37, as follows:                                                 [Rollcall Vote No. 61 Leg.]
                                                                                                                                                              Mr. REID. Mr. President, further, we
                                                       [Rollcall Vote No. 60 Leg.]                                                                          have the Lynn nomination, which has
                                                                                                                        YEAS—61
                                                               YEAS—61                                                                                      been talked about for several weeks
                                                                                                    Akaka             Gillibrand            Nelson (FL)
                                           Akaka             Gillibrand         Nelson (FL)         Baucus            Hagan                 Nelson (NE)
                                                                                                                                                            now. We are going to try to work out
                                           Baucus            Hagan              Nelson (NE)         Bayh              Harkin                Pryor           an arrangement with the Republicans
                                           Bayh              Harkin             Pryor               Begich            Inouye                Reed            to do the debate tomorrow and have a
                                           Begich            Inouye             Reed                Bennet            Johnson
                                           Bennet            Johnson
                                                                                                                                            Reid            vote on Mr. Lynn tomorrow.
                                                                                Reid                Bingaman          Kaufman               Rockefeller
                                           Bingaman          Kaufman            Rockefeller         Boxer             Kennedy                                 Mr. President, I suggest the absence
                                                                                                                                            Sanders
                                           Boxer             Kennedy            Sanders             Brown             Kerry                 Schumer
                                                                                                                                                            of a quorum.
                                           Brown             Kerry              Schumer             Burris            Klobuchar                               The PRESIDING OFFICER. The
                                                                                                                                            Shaheen
                                           Burris            Klobuchar                              Byrd              Kohl
                                           Byrd              Kohl
                                                                                Shaheen
                                                                                                    Cantwell          Landrieu
                                                                                                                                            Snowe           clerk will call the roll.
                                                                                Snowe                                                       Specter           The legislative clerk proceeded to
                                           Cantwell          Landrieu                               Cardin            Lautenberg
                                                                                Specter                                                     Stabenow
                                           Cardin            Lautenberg
                                                                                Stabenow
                                                                                                    Carper            Leahy                                 call the roll.
                                           Carper            Leahy                                  Casey             Levin                 Tester
                                           Casey             Levin              Tester                                                      Udall (CO)        Mr. KYL. Mr. President, I ask unani-
                                                                                                    Collins           Lieberman
                                           Collins           Lieberman          Udall (CO)          Conrad            Lincoln               Udall (NM)      mous consent the order for the quorum
                                           Conrad            Lincoln            Udall (NM)          Dodd              McCaskill             Warner          call be rescinded.
                                           Dodd              McCaskill          Warner              Dorgan            Menendez              Webb              The PRESIDING OFFICER (Mr.
                                           Dorgan            Menendez           Webb                Durbin            Merkley               Whitehouse
                                           Durbin            Merkley            Whitehouse          Feingold          Mikulski              Wyden
                                                                                                                                                            SANDERS). Without objection, it is so
                                           Feingold          Mikulski           Wyden               Feinstein         Murray                                ordered.
                                           Feinstein         Murray
                                                                                                                         NAYS—37                                              f
                                                               NAYS—37                              Alexander         DeMint                McCain                   STIMULUS PACKAGE
                                           Alexander         DeMint             McCain              Barrasso          Ensign                McConnell
                                           Barrasso          Ensign             McConnell           Bennett           Enzi                  Murkowski         Mr. KYL. Mr. President, I want to
                                           Bennett           Enzi               Murkowski           Bond              Graham                Risch           speak for a moment about our hope
                                           Bond              Graham             Risch               Brownback         Grassley              Roberts
                                           Brownback         Grassley           Roberts             Bunning           Hatch                                 that in the so-called stimulus package
                                                                                                                                            Sessions
                                           Bunning           Hatch              Sessions            Burr              Hutchison             Shelby          that will be the subject of a conference
                                           Burr              Hutchison          Shelby              Chambliss         Inhofe                Thune           committee between the Members of the
                                           Chambliss         Inhofe                                 Coburn            Isakson
                                           Coburn            Isakson
                                                                                Thune
                                                                                                    Cochran           Johanns
                                                                                                                                            Vitter          Senate and the House of Representa-
                                                                                Vitter                                                      Voinovich       tives, significant changes can be made,
                                           Cochran           Johanns                                Corker            Kyl
                                                                                Voinovich                                                   Wicker
                                           Corker            Kyl
                                                                                Wicker
                                                                                                    Cornyn            Lugar                                 changes that will permit more people
                                           Cornyn            Lugar                                  Crapo             Martinez                              to support this package than only
                                           Crapo             Martinez
                                                                                                                     NOT VOTING—1                           those who have supported it in the
                                                            NOT VOTING—1                                              Gregg                                 past.
                                                             Gregg
                                                                                                      The bill (H.R. 1), as amended, was                      I want to begin by identifying the
                                             The PRESIDING OFFICER. On this                         passed.                                                 two key areas that most Republicans
                                           vote, the yeas are 61, the nays are 37.                    Mr. DURBIN. Mr. President, I move                     have concerns with in this package and
                                           Three-fifths of the Senators duly cho-                   to reconsider the vote, and I move to                   begin by noting that it is not a choice
                                           sen and sworn having voted in the af-                    lay that motion on the table.                           between doing nothing on the one hand
                                           firmative, the motion is agreed to.                        The motion to lay on the table was                    and doing only this bill on the other
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                                             Mr. DURBIN. Mr. President, I move                      agreed to.                                              hand. I think it has been presented by
                                           to reconsider the vote.                                    The PRESIDING OFFICER. Under                          some as a false choice.
                                             Mr. CARDIN. I move to lay that mo-                     the previous order, the Senate insists                    The President, for example, last
                                           tion on the table.                                       on its amendment and requests a con-                    night said: Now, there are those who
                                             The motion to lay on the table was                     ference with the House on the dis-                      would do nothing about this crisis. I
                                           agreed to.                                               agreeing votes of the two Houses.                       don’t know of anybody who wants to do



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                                           S2070                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           nothing. Certainly, all of my Repub-                    set by spending reductions, it is all                    We have been critical of this all
                                           lican colleagues have voted for doing                   borrowed money. I think we need to be                  along. The transition to digital tele-
                                           lots of things. This past week there                    careful about how the money is spent.                  vision has taken longer than antici-
                                           were many amendments about doing                          Others of the earmarks are dubious                   pated so the Government has come up
                                           various things to address this problem,                 in terms of job creation. These are                    with the bright idea that we will spend
                                           and Republicans voted for a lot of them                 projects that may well be worthwhile,                  $650 million in giving people coupons so
                                           and Democrats voted for a lot of oth-                   but it is hard to imagine they would                   they can transition from their existing
                                           ers. So it is not the case that there are               create very many jobs, and it seems to                 television set to DTV. Maybe that is a
                                           those who want to do nothing. That                      me they clearly fall into the category                 good deal. I would rather that one go
                                           presents a false choice. The fact is,                   of bills that should be considered in the              through the appropriations process. I
                                           there are those who want to do this                     regular appropriations process.                        am not sure I would vote for that, but
                                           particular bill, and there are those who                  Having run for election now several                  that is not a job creator.
                                           would do things somewhat differently                    times and having looked at polls and                     Here is one I like, $10 million to fight
                                           because they have legitimate and                        tried to understand what my constitu-                  Mexican gunrunners. I don’t know who
                                           strong differences about what the ef-                   ents think and what most Americans                     is doing the fighting. Maybe we would
                                           fect of this bill will be. That is why I                think, I have reached some conclu-                     have to hire them and create some
                                           hope there could be changes made in                     sions. Americans do not mind paying                    jobs. It doesn’t belong in a stimulus
                                           the conference committee when the                       their fair share of taxes. They don’t                  bill. There is $10 million for urban ca-
                                           bill is to some extent rewritten.                       like it; they like to have their taxes                 nals. It may be a good idea. Who
                                             There are two key things that Repub-                  cut, but they are willing to pay what                  knows? And $198 million to design and
                                           licans, as I said, have focused on that                 they think is necessary to support Gov-                furnish the DHS headquarters—quite
                                           we would like to change. The first is,                  ernment. And they believe a certain                    possibly they need to spruce up the
                                           we believe the bill spends far too much                 amount of Government spending is nec-                  headquarters at DHS. Maybe some jobs
                                           money; second, that it doesn’t do                       essary. They all understand why Gov-                   would be created in the process, but we
                                           enough good, that is to say it doesn’t                  ernment needs to spend money on cer-                   are not told in this bill. This is a very
                                           do enough to stimulate the economy—                     tain things.                                           specific earmarked item. There is $500
                                           to create jobs, for example.                              What drives them crazy is wasteful                   million for State and local fire offices,
                                             On the spending too much money                        Washington spending, when their hard-                  and I can tell you, and I know the Pre-
                                           part, we have seen that the so-called                   earned money comes back and they                       siding Officer would agree, everybody
                                           deal that was struck in the Senate                      think we do not spend it right. By the                 would like to have money to build a
                                           now, according to the majority leader                   way, they have an idea that a lot of                   fire station. There is always another
                                           just a few moments ago, is up to $840                   what we do ends up being wasted,                       fire station to be built, especially in
                                           billion. CBO scored it at a little under                maybe even more than what we actu-                     my State where we have a lot of
                                           $839 billion. That is substantially above               ally do, but because of their concerns                 growth.
                                           the House-passed bill.                                  about that I would think we would be                     That is something normally we
                                             The question is, Is the cost of this                  especially careful in a bill that spends               would pay for ourselves, and I am not
                                           bill going to increase even more when                   over $1 trillion to be careful we don’t                sure why someone in Vermont should
                                           the bill goes to conference committee,                  waste money.                                           pay for a fire station in Arizona. In any
                                           and is all of that spending necessary?                    The Congressional Budget Office has                  event it doesn’t belong in this bill, it
                                           The President had spoken about strip-                   said it is very difficult to spend the                 seems to me.
                                           ping the earmarks from the bill.                        kind of money we are talking about in                    In terms of job creation, I find it in-
                                           Frankly, I had thought, because ear-                    the relatively short timeframe we are                  teresting that we are going to spend
                                           marks can be somewhat embarrassing                      talking about without wasting a lot of                 $160 million for volunteers—these are
                                           and we can achieve the objectives with-                 it. It is a phenomenon we are all well                 not people who are paid, these are vol-
                                           out having individual earmarks by in-                   aware of here. When you try to spend a                 unteers—at the Corporation for Na-
                                           dividual Congressmen in the bill—the                    lot of money in a short period of time,                tional and Community Service. As I
                                           President had been rightly critical of                  you are going to waste money. Our                      said, there are many more we could
                                           that process as well—I had thought                      constituents instinctively appreciate                  talk about, and I do not mean to pick
                                           they would be stripped out by now.                      that. So it seems to people that in                    anybody out and pick on anyone.
                                             It turns out there are pages of spe-                  order for this legislation to have credi-                The bottom line is when you are
                                           cific earmarks still in the legislation.                bility, we can at least start by excising              spending $1 trillion and you are bound
                                           These are the kinds of things I hope                    those matters that may be good                         to waste a lot of it—at least that part
                                           the     conference    committee     would               projects in and of themselves, may ac-                 which has been identified as earmarks,
                                           strike. Let me just highlight a few.                    tually in some cases create jobs, but                  you ought to be able to get that out, at
                                             Some of these earmarks could well                     are clearly earmarks or special inter-                 least. That is something that can be
                                           create jobs. But I submit, if one Sen-                  est projects that should go through the                accomplished in this conference com-
                                           ator or one Congressman gets to have                    regular appropriations process.                        mittee.
                                           the special project in his State slipped                  I don’t mean to pick on anybody or                     I also noted it is not just a matter of
                                           into this bill, that maybe each of us                   anything in particular, but let me just                the amount of money and the fact that
                                           could identify something in our own                     mention a few of these. There is a $2                  a lot of it is wasted, but the fact that
                                           State that we were pretty sure would                    billion earmark for a powerplant in                    we believe it will not be efficient and
                                           create jobs and we could put it in the                  Mattoon, IL. If this is actually the                   effective at creating jobs. Why is that?
                                           bill. That is the problem with ear-                     building of a powerplant, depending on                 Here is a good statistic to keep in
                                           marks. All Senators are equal except                    how soon it could be built, that might                 mind. We all know if the object is to
                                           some are more equal than others when                    create jobs. If it is a typical power-                 create jobs, we might want to start
                                           it comes to slipping things in bills. So                plant, it is going to be a long time in                with those entities that create most of
                                           it could well be that some of the ear-                  construction, so it is probably not real-              the jobs in the country. Small busi-
                                           marks are job creators, but shouldn’t                   ly stimulative right now. But that is                  nesses in the United States of America
                                           they go through the regular process                     an earmark.                                            create about 80 percent of the jobs. So
                                           where these projects are vetted by the                    There is $200 million in the bill for                you would think that naturally there
                                           Appropriations Committee? They set                      workplace safety in the Department of                  would be a lot of money in this stim-
                                           the priorities, some make it through,                   Agriculture facilities. I have not been                ulus package to help small businesses
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                                           some do not make it through, but at                     told how that is going to create jobs.                 create jobs.
                                           least they all fall within the budgeted                   There is $200 million for public com-                  Right? No, actually, not right. Eight-
                                           amount.                                                 puter centers at community colleges                    tenths of 1 percent of the—it is a tax
                                             Since all of the spending in this bill                and libraries. It sounds like a good                   title of the bill that can actually go to
                                           is emergency spending; that is to say,                  idea. I just don’t understand how it is                small businesses to help them hire peo-
                                           it is not paid for in tax revenues or off-              going to create a lot of jobs.                         ple, help them buy equipment and so



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S2071
                                           on which would require them to hire                     of money we are talking about will                     is less expensive, less wasteful, more
                                           more people—eight-tenths of 1 percent                   have a detrimental effect on GDP. If we                efficient, and will actually stimulate
                                           is dedicated to small businesses. So the                are wrong about the positive benefits                  the economy.
                                           very group of people who are the                        of the legislation, it could have a very                  I suggest the absence of a quorum.
                                           quickest at creating jobs—big busi-                     detrimental effect.                                       The PRESIDING OFFICER. The
                                           nesses are still laying people off when                   That is not even to discuss the im-                  clerk will call the roll.
                                           small businesses, one by one around                     pact on the value of the dollar and the                   The assistant legislative clerk pro-
                                           the country, are starting to hire peo-                  value of U.S. debt that other countries                ceeded to call the roll.
                                           ple. Small businesses cumulatively ac-                  have in the past been willing to buy                      Mr. KAUFMAN. I ask unanimous
                                           count for a far greater percentage of                   but in the future may well not be will-                consent that the order for the quorum
                                           employment than our big businesses                      ing to buy. In that event, this becomes                call be rescinded.
                                           do.                                                     a much more expensive proposition for                     The PRESIDING OFFICER. Without
                                             If you look at the businesses with                    the taxpayer. It is for my children and                objection, it is so ordered.
                                           under 500 employees, you find that ob-                  my grandchildren and all the rest of                      Mr. KAUFMAN. Mr. President, I rise
                                           viously those, the small businesses—                    the younger generation who will have                   today to add my voice to those who
                                           and most of them have less than 200                     to suffer the consequences of that bor-                feel the urgency of our economic crisis.
                                           employees—as I say, those are the busi-                 rowing, either through a lower stand-                     I don’t need to repeat all of the argu-
                                           nesses that could really create the jobs                ard of living, a lower GDP or increased                ments that have been made this week
                                           in this country. Republicans had an                     taxes or inflation that robs everybody                 and last. All Senators can see with
                                           idea, a plan to reduce their tax rate                   of what they earn and is particularly                  their own eyes that this is the greatest
                                           just by 7 percentage points, similar to                 tough on people who are retired and                    economic challenge we have faced since
                                           the way we did it for manufacturing                     have relied on savings for their liveli-               the Depression.
                                           corporations a few years ago. We be-                    hood.                                                     But we have the advantage of his-
                                                                                                     The impacts of being wrong could be                  tory. History shows us that in times of
                                           lieved that would help them hire more
                                                                                                   significant. It isn’t the case that just               crisis, government must act decisively.
                                           people. You would think that for the
                                                                                                   because we spend money, it is a good                      Where Herbert Hoover didn’t, jobs
                                           group that hires 80 percent of the
                                                                                                   thing, that just because we spend                      and     livelihoods   crumbled.     Where
                                           workers, we could find a way to provide
                                                                                                   money, jobs will be created. Some will,
                                           a little bit more help to in the legisla-                                                                      Franklin Roosevelt did, American fam-
                                                                                                   no question. Some will be saved. But is
                                           tion. Sadly, that is not the case.                                                                             ilies got a new chance at the security
                                                                                                   it the most efficient and effective way
                                             If you take all businesses combined,                                                                         and dignity of work.
                                                                                                   to do it when you are talking about
                                           less than 3 percent of the funding in                                                                             Now, once more, we must act.
                                                                                                   this much money? We should not be
                                           the legislation provides some kind of                                                                             This economic crisis is enormously
                                                                                                   willing to just throw the dice and hope
                                           tax deduction or credit or benefit                                                                             complicated, and no economist can
                                                                                                   that we don’t make a mistake.
                                           which would enable them, then, to hire                    I urge my colleagues, those who will                 truthfully claim to know the full meas-
                                           more people.                                            be participating in the conference com-                ure of our challenges. But, in a sense,
                                             In terms of the legislation to create                                                                        it is simple.
                                                                                                   mittee, to recall the words of one of
                                           jobs, we do not think it is approaching                 the people who was involved in the                        Consumer spending makes up two-
                                           the subject in the right way. One of my                 compromise legislation, who criticized                 thirds of our economy.
                                           colleagues said $1 trillion is a terrible               the House bill as a Christmas tree upon                   With falling home prices, plum-
                                           thing to waste. That is kind of catchy,                 which every Member had virtually his                   meting retirement accounts, and van-
                                           but he went on to make an important                     or her favorite project. It was bloated,               ishing jobs, American consumers have
                                           point.                                                  expensive, and ineffective. Those were                 less and less to spend. As the consumer
                                             I think of this because this morning                                                                         economy shrinks, workers are laid off
                                                                                                   her words. She is correct. That was the
                                           on television I heard several people                    House bill at $827 billion. The Senate                 and savings accounts dwindle, causing
                                           saying: Sure, this is a gamble. No one                  bill is now $839 billion, more than the                those consumers to spend even less.
                                           knows for sure whether it is going to                   House bill. The earmarks are still in                     Consumers have stopped spending,
                                           work. Newscasters obviously asked                       there. The inefficiencies are still there.             banks have stopped lending, businesses
                                           proponents, can you guarantee this is                   The wasteful spending is still there. At               are laying off workers. The private sec-
                                           going to work. No, nobody can guar-                     some point if this bill is going to be im-             tor is shrinking.
                                           antee it is going to work, and I don’t                  proved, all of that has to come out.                      Only the Federal Government can fill
                                           hold anybody to that standard. Pro-                       I challenge those who will be in the                 the gap. Only the Federal Government
                                           ponents don’t have to guarantee this is                 conference committee: Be brave, be                     has the ability to put enough money
                                           going to work. But if we were spending                  courageous. Don’t feel you have to                     back into the economy to turn our
                                           $2 or $300 million, I would say: If it is               stick with what passed the House or                    economy around. Only the Federal
                                           a gamble and you think you can roll                     Senate. Consider what the President                    Government is big enough.
                                           the dice and this might work, take a                    said originally with respect to how this                  This is no excuse for wasteful and
                                           shot. But we are talking about over $1                  legislation should be created and be                   careless spending, and that is why I
                                           trillion of borrowed money. When you                    willing to improve on it. You will not                 have pushed for more accountability in
                                           are gambling that much, you cannot                      only do something the American people                  how we spend this money.
                                           afford to be wrong.                                     will very much appreciate, you will be                    I supported increasing funding for
                                             Let’s assume that it is only half                     doing something good for the country                   our inspectors general and conducting
                                           wrong. The effect of a $500 billion mis-                and certainly for future generations. I                a review of how well they are doing
                                           take is horrendous on the economy in                    urge my colleagues to consider strong-                 their job.
                                           the medium and longer term. CBO, in                     ly the Republican suggestions. Because                    I have worked to make State spend-
                                           scoring the legislation, actually says                  at the end of the day, it is not a choice              ing more accountable and to restore
                                           there will be a short-term stimulus.                    between doing nothing and only this                    reason to compensation for executives
                                           But they also say in the long-term,                     bill. A billion dollars a page is spent in             whose companies the taxpayers have
                                           talking 10 years, there will be a reduc-                this bill. Surely, there are ways to im-               kept afloat.
                                           tion in gross domestic product of be-                   prove it. For anyone who says this is a                   The American people have a right to
                                           tween 1 and 1.3 percent because of the                  choice between those who want to do                    know where all this money is going,
                                           crowdout effect of investment. There is                 nothing and those who support this leg-                and we in the Congress have a duty to
                                           so much Federal Government money                        islation, no, that is not true. It is a                do all we can to crack down on fraud
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                                           being absorbed into the borrowing mar-                  choice between those of us who want to                 and abuse.
                                           ket, as a result of putting a trillion                  do this intelligently and those who                       I also remind my colleagues that we
                                           dollars in borrowed money out there,                    have a challenge in front of them as to                need to act quickly.
                                           that it crowds out private investment.                  whether they want to improve the bill.                    The longer we delay, the more fami-
                                           That will have a negative impact on                       I hope they will join some of us in                  lies lose their livelihoods, their health
                                           GDP. We know in advance the amount                      trying to see to it that this legislation              care, their sense of security. The



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                                           S2072                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           longer we wait, the deeper this hole                    task of slowing and reversing our eco-                   It is my sad duty to enter the name
                                           gets, and the harder it will be to get                  nomic troubles, and I hope we can get                  of Ezra Dawson in the official record of
                                           out of it.                                              a final bill to the President soon.                    the United States Senate for his serv-
                                             As the President so eloquently re-                      I yield the floor and suggest the ab-                ice to this country and for his profound
                                           minded us last night, job losses are ac-                sence of a quorum.                                     commitment to freedom, democracy
                                           celerating. In the last year, we have                     The PRESIDING OFFICER. The                           and peace. I pray that Ezra’s family
                                           lost 3.6 million jobs—and half of those                 clerk will call the roll.                              can find comfort in the words of the
                                           were in the last 3 months. In January,                    The assistant legislative clerk pro-                 prophet Isaiah who said, ‘‘He will swal-
                                           we lost 20,000 a day.                                   ceeded to call the roll.                               low up death in victory; and the Lord
                                             The longer we wait, the worse things                    Mr. DURBIN. Mr. President, I ask                     God will wipe away tears from off all
                                           will get. The longer we wait, the more                  unanimous consent that the order for                   faces.’’
                                           it will take to turn our economy                        the quorum call be rescinded.                            May God grant strength and peace to
                                           around. We can’t afford to wait any                       The PRESIDING OFFICER. Without                       those who mourn, and may God be with
                                           longer.                                                 objection, it is so ordered.                           all of you, as I know He is with Ezra.
                                             I support the American Recovery and
                                                                                                                     f                                                      f
                                           Reinvestment Act, because I believe we
                                           need to act soon. It will create 4 mil-                 RECESS SUBJECT TO CALL OF THE                             MONEY LAUNDERING CONTROL
                                           lion jobs, and that is what this package                                  CHAIR                                      ENHANCEMENT ACT OF 2009
                                           should be about: jobs, jobs, jobs.                        Mr. DURBIN. Mr. President, I ask
                                             I believe that this is a good bill, but                                                                         Mr. BAYH. Mr. President, yesterday
                                                                                                   unanimous consent that the Senate                      I joined with Senator GRAHAM in intro-
                                           I wish to offer a couple of thoughts                    stand in recess subject to the call of
                                           about how we could make it better.                                                                             ducing the Money Laundering Control
                                                                                                   the Chair.                                             Enhancement Act of 2009. This bill
                                             As we go forward on conference nego-                    There being no objection, the Senate,
                                           tiations with the House, I urge my col-                                                                        would clarify congressional intent and
                                                                                                   at 4:13 p.m., recessed subject to the call             ensure that federal prosecutors are
                                           leagues to restore the education and                    of the Chair, and reassembled at 4:48
                                           State stabilization funding that was re-                                                                       able to more effectively fight money
                                                                                                   p.m. when called to order by the Pre-                  laundering and terrorism financing.
                                           moved from the bill.                                    siding Officer (Mr. BEGICH).
                                             Because of the collapsing economy,                                                                              In particular, this bill would over-
                                           my State of Delaware is facing a budg-                                    f                                    turn the Supreme Court’s narrow and
                                           et shortfall of $600 million, 20 percent                                                                       confusing decision in United States v.
                                                                                                        HONORING OUR ARMED FORCES
                                           of the State budget. The new Governor,                                                                         Santos and clarify that, as used in the
                                           Jack Markell, is staring at tremendous                               SERGEANT EZRA DAWSON                      Money Laundering Control Act, the
                                           budget cuts if we do not act, when fully                   Mr. BAYH. Mr. President, I rise                     term ‘‘proceeds’’ refers to the total re-
                                           a third of the State budget goes to edu-                today with a heavy heart to honor the                  ceipts—not simply the profits—of an il-
                                           cation.                                                 life of SGT Ezra Dawson from Las                       legal activity. To interpret this statute
                                             That is why I hope my colleagues                      Vegas, NV. Ezra was thirty-one years                   differently, as the Santos decision sug-
                                           will find a way to restore the education                old when he lost his life on January 17,               gests we should, would create needless
                                           funding and State stabilization funding                 2009, from injuries sustained from a                   problems of proof and unfairly burden
                                           that was removed. I hope they will help                 helicopter crash in Konar Province, Af-                prosecutors. In a world where criminals
                                           Governor Markell and the 49 other                       ghanistan.                                             and terrorists are constantly devel-
                                           Governors. Both the education funding                      Today, I join Ezra’s family and                     oping new and more sophisticated ways
                                           and the State stabilization funding af-                 friends in mourning his death. Ezra                    to hide and launder dirty money, it
                                           fect the ability of states to keep teach-               will forever be remembered as a loving                 does not make sense to require pros-
                                           ers in the classroom and to repair, ren-                brother, son, and friend to many. Ezra                 ecutors to prove that these dangerous
                                           ovate, and construct schools. These                     is survived by his devoted wife Starlia                criminals generated a profit from their
                                           school construction projects not only                   Dorsey-Dawson of Las Vegas, NV; his                    illegal activities. Alternatively, inter-
                                           create—and save—jobs, but are also                      stepdaughter Diamond Dorsey, also of                   preting the term ‘‘proceeds’’ in a way
                                           good long-term investments for our                      Las Vegas, NV; his mother Eva Dav-                     that encompasses all of the funds re-
                                           children and grandchildren.                             enport, of Indianapolis, IN; his sister                ceived by these individuals would en-
                                             For too long, I have heard stories of                 Atarah Wright, of Oklahoma City, OK;                   sure that federal law is consistent with
                                           children in crumbling schools, with                     and a host of other friends and rel-                   the United Nations Convention Against
                                           outdated textbooks and outdated com-                    atives.                                                Transnational Organized Crime, the
                                           puters, if they have any. To give our                      Ezra joined the Battalion Reconnais-                Model Money Laundering Act, and
                                           children a fair chance, to compete with                 sance Platoon, Headquarters and Head-                  money laundering statutes in the four-
                                           the rest of the world, to keep Amer-                    quarters Company, 1st Battalion, 26th                  teen states that use and define the
                                           ica’s economic future bright, we must                   Infantry Regiment, of Fort Hood, TX,                   word ‘‘proceeds.’’
                                           make a downpayment now.                                 in January 2008. He served as a junior                    At a time when both our economic
                                             And in education, we have a down-                     scout and sniper team member, and as                   and national security are being threat-
                                           payment that can create jobs now. In                    a leader for a reconnaissance team in                  ened, it would be a grave mistake to
                                           my State of Delaware alone, $68 mil-                    the Korengal Valley.                                   underestimate the threat posed by
                                           lion of shovel-ready school construc-                      For his valiant service, Ezra was                   money laundering. The most recent
                                           tion projects are awaiting our help.                    awarded the Bronze Star, Purple Heart,                 National Money Laundering Strategy,
                                             I will close, Mr. President, with this                Army Achievement Medal, Army Good                      which was developed jointly by the De-
                                           thought. Our children, if they could                    Conduct Medal, National Defense Serv-                  partments of Treasury, Justice, and
                                           speak with one voice, want only what                    ice Medal, Afghanistan Campaign                        Homeland      Security,    states    that
                                           all Americans want: a fair shot, a                      Medal, Global War on Terrorism Serv-                   ‘‘Money Laundering, in its own right,
                                           fighting chance, an equal opportunity.                  ice Medal, Korea Defense Service                       is a serious threat to our national and
                                             The people I talk to in Delaware just                 Medal, NATO Medal, Army Service                        economic security. Integrating illicit
                                           want a chance. They are willing to                      Ribbon, Overseas Service Ribbon and                    proceeds into the financial system, en-
                                           work hard, and they have. They are                      Combat Infantry Badge.                                 ables organized crime, fuels corruption,
                                           willing to play by the rules, and they                     While we struggle to express our sor-               and erodes confidence in the rule of
                                           have. They want to save for tomorrow.                   row over this loss, we can take pride in               law.’’ In the face of such a threat, we
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                                           In return, all they ask is a job they can               the example Ezra set as both a soldier                 must provide our hard-working law en-
                                           rely on, a home for their families, and                 and a father. Today and always, he will                forcement officials with the tools they
                                           a government that will help them out                    be remembered by family and friends                    need to bring these criminals to jus-
                                           when they need a hand.                                  as a true American hero, and we cher-                  tice.
                                             The Senate bill focuses on keeping                    ish the legacy of his service and his                     I have great respect for our Supreme
                                           and restoring jobs. It will begin the                   life.                                                  Court. But sometimes, as in the case



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2073
                                           before us, they misinterpret congres-                   struggles to meet everyday expenses,                   spend $700–$800 per month in fuel cost. In ad-
                                           sional intent. In those situations, par-                but also have suggestions and rec-                     dition to that our home is heated by heating
                                           ticularly when important issues like                    ommendations as to what Congress can                   oil. This winter our oil bill was about $250
                                                                                                   do now to tackle this problem and find                 per month. If prices keep rising our heating
                                           money laundering are involved, it is in-
                                                                                                                                                          costs this winter may soar to $350 per month.
                                           cumbent upon Congress to take correc-                   solutions that last beyond today. I ask                My husband and I are doing our best to com-
                                           tive action. I hope that my colleagues                  unanimous consent to have today’s let-                 mute when possible. However, our work
                                           will join me in supporting this legisla-                ters printed in the RECORD.                            schedule only allows for this twice a week. I
                                           tion.                                                     There being no objection, the mate-                  have a son with medical problems that make
                                                            f
                                                                                                   rial was ordered to be printed in the                  it difficult for me to take the commuting
                                                                                                   RECORD, as follows:                                    van as I may have to get home at odd times
                                                  BLACK HISTORY MONTH                                In response to your request for personal ex-         for him.
                                             Mr. FEINGOLD. Mr. President, this                     perience with the rising energy costs, I write           I am not educated enough on our fuel
                                                                                                   not to whine, but to share concern. I live in          issues. However, I feel that there must be an-
                                           year’s Black History Month comes at a                                                                          swers and solutions. The fuel is affecting the
                                                                                                   Caldwell and work in Boise, near the airport,
                                           remarkable time that will be marked                     which quickly adds up to well over 400 driv-           costs of everything. We are headed for a re-
                                           in the history books for generations to                 ing miles a week just in commuting and                 cession unless something is done quickly. I
                                           come. The inauguration of our Nation’s                  equates to one full tank of gas, if I am lucky.        believe that drilling for oil within our own
                                           first    African-American      President,               I have done the research: public transpor-             nation is a must. That will not solve our im-
                                           Barack Obama, and confirmation of the                   tation is not an option from Caldwell or               mediate problems, but we need to be looking
                                           first African-American Attorney Gen-                    Nampa into Boise to our off-the-beaten-path            long term, too. I think that the oil compa-
                                                                                                   work location. I work in non-profit, assisting         nies need to be held to a level of profits when
                                           eral, Eric Holder, demonstrate our Na-
                                                                                                   others in worse situations than myself,                it comes to increasing prices. I also feel that
                                           tion’s boundless capacity to change.                    which does keep rising energy costs ‘‘in per-          the Treasure Valley must have some sort of
                                           All Americans have great cause to cel-                  spective,’’ however, concern is fast approach-         public transportation system. This needs to
                                           ebrate during this year’s Black History                 ing.                                                   be started soon. Not only will this help with
                                           Month our groundbreaking progress.                        Because I work in non-profit, I cannot af-           our energy costs, but also with air quality.
                                             As Civil rights icon Representative                   ford to live any nearer to work, though. I             That would be a system I could use as I
                                           John Lewis observed, ‘‘When he [Presi-                  really do not make that little of money—               would be able to access it any time. I realize
                                                                                                   13.46/hr., which is, of course, much higher            that a lot of these solutions require large
                                           dent Obama] was born, people of color                   than the minimum wage. The problem for me
                                           couldn’t register to vote in many quar-                                                                        amounts of money, but the federal govern-
                                                                                                   is realizing how much is going out in taxes.           ment needs to step in.
                                           ters of the deep South.’’ Now, an Afri-                 My paycheck for 80 hours is $1,077, which is             Thank you, again, for taking time for pub-
                                           can-American holds the most distin-                     quite doable for a single resident, but my             lic comments. I appreciate all you do for the
                                           guished elected position in our coun-                   gross wage is $796. That is $562 every month;          citizens of Idaho.
                                           try—President of the United States of                   a lot of money that could either go toward                                                   WENDY.
                                                                                                   the rising food, utility or gas costs or allow
                                           America. This month is a time to re-                    me to live closer to where I work.
                                           flect on the distance we have traveled,                                                                          ‘‘Gas prices are too high’’ is a response not
                                                                                                     People looking to the government for more            worthy of your staff’s time and energy. We
                                           and the civil rights we have success-                   handouts will only continue to cripple the             already know that. The question I have is,
                                           fully fought for, in just one generation.               system. There are so many agencies with                ‘‘why’’? I think several things are going on
                                             But it is also not a time to become                   waiting, open arms to assist people in need            here.
                                           complacent. Americans still encounter                   of finding work or housing—like my agency.               First, speculation/profit taking. People are
                                           injustices solely because of their back-                Cut taxes—help the working, taxpaying citi-            trying to make exorbitant profits at the ex-
                                                                                                   zens stay on their feet and out of homeless            pense of not just Americans, but everyone
                                           ground or the color of their skin. There                shelters and local food pantries.
                                           still exist large and unacceptable dis-                                                                        whose fuel ticket is written by the cartels.
                                                                                                                                      JEN, Boise.         The oil companies are making record profits
                                           parities in the opportunities afforded
                                                                                                                                                          on top of record profits. Where is the re-in-
                                           many Americans for good education,                        Thank you for taking the time to hear my
                                                                                                                                                          vestment in refining capability, exploration,
                                           health care, employment, and more.                      concerns regarding the impacts of higher
                                                                                                                                                          and improved distribution? Americans are
                                           Black History Month provides an op-                     fuel and energy costs on me. As fuel prices
                                                                                                                                                          feeling like these companies are thumbing
                                                                                                   have risen, I have had to start thinking
                                           portunity for Congress to remember                                                                             their collective corporate noses at us, the
                                                                                                   about where I need to go and what my rou-
                                           that addressing these injustices and                    tine will be for the day before getting in the         customer. All the while, prices on everything
                                           disparities must be an important goal                   truck. Gone are the days when I would drive            affected by the cost of a barrel of oil keep in-
                                           for Congress in the years ahead.                        15 miles to the next town to have lunch with           creasing.
                                                                                                                                                            Second, we are a society built on cheap en-
                                             So this month let us reflect on our                   someone. Nowadays, I have started riding
                                                                                                                                                          ergy. That is clear. It is unreasonable to ex-
                                           past triumphs, take note of this signifi-               my bike to work, bought a motorcycle, and
                                                                                                                                                          pect that to continue indefinitely. At the
                                           cant historical moment for our Nation,                  even took a different job closer to my house;
                                                                                                                                                          same time the process of weaning us away
                                           and look forward to an even brighter                    all in an effort to reduce my fuel expenses.
                                                                                                   The motorcycle even gets 5x the MPG that               from these cartels’ stranglehold is forced
                                           future as we continue working to en-                    my truck does. As a result of all of this, I           upon us. I think that we are placing our very
                                           sure equality for all Americans.                        now drive my truck less than 10K miles per             existence as Americans into someone else’s
                                                            f                                      year and have lost 15 lbs just this spring/            control.
                                                                                                                                                            We need to do what we can here to miti-
                                                                                                   summer alone. I go to bed earlier, watch less
                                             IDAHOANS SPEAK OUT ON HIGH                            TV, wake up earlier, and generally am
                                                                                                                                                          gate this immediate and forced situation. We
                                                      ENERGY PRICES                                                                                       can become energy independent, but that is
                                                                                                   happier and have more energy due to the
                                                                                                                                                          going to take time. In the meantime, we
                                             Mr. CRAPO. Mr. President, in mid-                     added exercise that I am getting.
                                                                                                     I feel horrible for not driving my truck ev-         need to explore other avenues to keep us an
                                           June, I asked Idahoans to share with                                                                           independent nation, and get us out from
                                                                                                   erywhere, but I just cannot afford it. I do
                                           me how high energy prices are affect-                   hope that that does not make me any less               under the foot of countries whose only con-
                                           ing their lives, and they responded by                  patriotic. I applaud your efforts at trying to         cern for America is that we keep buying
                                           the hundreds. The stories, numbering                    get Congress to understand that the only               their oil so that they can remain rich and ex-
                                           well over 1,200, are heartbreaking and                  way back to cheap gas (at least for 10 years           pand their interests. Some of these countries
                                           touching. While energy prices have                      or so) is to start drilling and pumping crude          are, at the core, anti-American.
                                                                                                   in Alaska, Utah, Colorado, Montana, Idaho,               How did we get here? Greed. Across the
                                           dropped in recent weeks, the concerns                                                                          board! Let us not let the lobbies dictate what
                                           expressed remain very relevant. To re-                  and any other state that might have some
                                                                                                   oil under the earth. We need to get every last         they think is best for this nation, unless it
                                           spect the efforts of those who took the                 drop of oil we can from under our own coun-            is. And our governmental branches need to
                                           opportunity to share their thoughts, I                  try. We should leave no patch of earth un-             get a handle on this, or this brink of crisis
                                           am submitting every e-mail sent to me                   tapped. We must get it all. We need it. It is          position we find ourselves in is going to re-
                                           through an address set up specifically                  the only way to protect my right to $1.20/gal-         sult in some very difficult times for a long,
                                                                                                                                                          long, time. For some families, it already is
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                                           for this purpose to the CONGRESSIONAL                   lon gasoline prices and continue my God-
                                                                                                   given way of life here in America.                     dire right now. I would also like to say that
                                           RECORD. This is not an issue that will
                                                                                                     Thanks again for doing a great job.                  predicating our future actions on the basis of
                                           be easily resolved, but it is one that de-                                                                     some ‘‘environmental catastrophe’’ where
                                                                                                                                          GREG.
                                           serves immediate and serious atten-                                                                            there is not good science to back it up, is, at
                                           tion, and Idahoans deserve to be heard.                   Thank you so much for taking an interest             the very least, foolhardy. Again, too few peo-
                                           Their stories not only detail their                     in our energy problems. My husband and I               ple are making bad policy for this nation,




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                                           S2074                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                           and in many cases our elected leadership is             tively patrol and deter criminal activity.             country it is well above that. While it may
                                           listening to, and falling for it. Enough.               Since taking office in 2005, our crime rate            be a good idea to have alternative flue
                                             Last, but certainly not least, we need to             has gone down and our solve rate has gone              sources, that is still a long while coming.
                                           begin looking at all of our sources of energy,          up. These statistics prove we are doing a bet-         The immediate solution is to drill for our
                                           and not ruling any out at this point. An en-            ter job at being proactive and taking crimi-           own oil. Both in ANWR, and in the Gulf of
                                           ergy policy that is coherent, supportable,              nals off the street. I worry about the safety          Mexico. I mean if the Chinese are going to
                                           and that makes sense for the short and long             of this community and my statutory duty to             drill for it in the gulf we might as well to.
                                           haul are absolutely necessary. We can get to            protect and serve.                                     Better that we get some of that oil than
                                           more environmentally sanctioned energy                    I am in support of expanding our domestic            none.
                                           sources, but this is a time of transition. It is        production of petroleum. We need some relief             Bottom line we have our own oil why are
                                           not the time for dawdling, and that option              ASAP. The support from your office is great-           we buying it from others at outrageous
                                           has long since passed. Throwing money at                ly appreciated.                                        prices?
                                           this is not the answer either. This whole sit-                                        CHAD, Payette.                                         ERIC, Nampa.
                                           uation is approaching critical proportions,
                                           and if we do not start to do some forward-                I am like a lot of Americans, I have to                My suggestion to help save energy is to
                                                                                                   drive. Carpooling, mass transit, bicycles or           bring back the Amtrak line from Salt Lake
                                           thinking, our economy, security and future
                                                                                                   skateboards are not going to help me. I am             City to Portland.
                                           existence are potentially at risk. Let us not
                                                                                                   a sales rep, and I have to drive as does every-
                                           let that happen. We are standing before the                                                                                                LORI, Nampa.
                                                                                                   one else in my office. This is a crisis that did
                                           slippery slope. What are we going to do? I am
                                                                                                   not have to happen. The environmentalists                 This is a response to your email soliciting
                                           afraid that the executive branch for the next           got their way and have damaged the econ-
                                           few years is not going to help this situation                                                                  ‘‘stories’’ about the effects of the high price
                                                                                                   omy and security of this country. Let us
                                           either. So it falls back to the people and                                                                     of gasoline on Idahoans.
                                                                                                   drill now. Just announcing that we are going              I lived and worked in Colorado from 1969–
                                           those who represent them. We have you                   to drill and build nuclear plants will drop the
                                           there because we believe that you are in a                                                                     77, and in Los Angeles from 1977–2004. I began
                                                                                                   price of crude. No one believes we will. Get
                                           position to make the hard calls that will                                                                      visiting Idaho around 1979, and moved to
                                                                                                   this done. It is critical.
                                           make the United States a better nation in                                                                      Hailey in 2004—in large part, because it re-
                                                                                                                                            TOM.
                                           the long run, and protect her interests. You                                                                   minded me of Colorado in the 1970s: a beau-
                                           and all of the others in Congress have taken              If we are serious about saving gas, we need          tiful natural landscape, appreciated by many
                                           oaths to support, protect, and defend this na-          to do two things: (1) Slow down. . .driving            locals and visitors.
                                           tion. I believe, at this juncture, that you             55–60 mph rather than 70–80 mph will save                 This country has been on a gas–guzzling
                                           still want to do that. Make Idahoans proud              gas and substantially reduce demand, and (2)           binge for fifty years. I am sick and tired of
                                           of your initiatives and just do what is right.          Better regulate speculation of oil futures.            hearing people complain about the cost of
                                           God, help us all.                                       There are about 10,000 offshore drilling per-          gas, driving solo in their inefficient cars, and
                                                           BYRON, Mountain Home AFB.               mits that have been issued but that are cur-           unwilling to carpool or contribute towards
                                                                                                   rently not being used, so the oil companies            mass transit options.
                                             I am late with this response. I feel we need          obviously aren’t highly motivated to ex-                  We do not need to expand domestic petro-
                                           to build more refineries in this country. Ac-           plore. We all have hardship stories. What we           leum production. We need to learn conserva-
                                           cess to oil is not as much of a problem as              need is action at your level.                          tion and seek alternative energy sources.
                                           being able to refine it for our uses. They try                                         CHUCK, Boise.           The ‘‘God–given right’’ to tear up the land-
                                           and tell us it costs too much to get it out of                                                                 scape for oil and selfish–use is at the heart of
                                           the ground. What is better self reliance or               My family and I have had to curtail some             what is wrong with people and their mind–
                                           dependency on others?                                   of our planned and/or camping trips this               set on a global scale.
                                             Our elected officials have too many fingers           summer because of the cost of fuel. I had                 Wake up and smell the coffee.
                                           in the pie, and we need to get rid of all lob-          planned on going camping this summer for a                I dare you to share this email (uncensored)
                                           byists and let the voters decide what is best           few days but now I have to change my plans             with your Senate colleagues.
                                           for our country’s welfare. There is no quick            so I will have enough fuel to get back and                                             MARK, Hailey.
                                           fix for the troubles we are in, except for              forth to work.
                                           bringing control of our self sufficiency back             I am a retired (credited with 38 years serv-           I have been commuting to Boise from
                                           to our country instead of relying on other              ice) and a disabled military veteran. I was            Caldwell since 1988. I now spend approxi-
                                           countries. We have what we need here. Two               injured in Vietnam and then again in Desert            mately $400 per month on gas. I drive a mid–
                                           problems: government and greed.                         Storm. I do not get much from my retire-               sized car and am unable to carpool because
                                                                                   RAY.            ment ($501) after they take my disability and          of my work hours, which vary. I never know
                                                                                                   taxes from it so I have to keep working                if I am going to have to work late or not.
                                             Disabled Vietnam vet. Have to spend most              along with my wife so that we can afford to            There are no other options for me. So, be-
                                           of my time sitting at home, cannot afford to            have a home and be able to eat.                        cause of the fuel prices, all I buy are gro-
                                                                                                     I agree with the President that we have to           ceries and gas. The US should look into more
                                           go anywhere. Price of food getting so high,
                                                                                                   drill off the coast and in ANWR along with             nuclear power, alternative fuel sources such
                                           cannot afford to eat what I want.
                                                                                                   coming up with alternate fuel.                         as hydrogen and increase drilling in this
                                             When are we going to start charging OPEC
                                                                                                                                         JOHN.            country. For years, I worked in the Utah
                                           higher prices for what they need to survive?
                                           [Perhaps] halt their supply of food for a few                                                                  area where they drilled and capped numerous
                                                                                                     Just a short message—thank you for your              wells. As far as I know, those wells are still
                                           months. Get their loaf of bread up to our               attention to this matter, Senator Crapo.
                                           price of gas, and make them scream ‘‘uncle.’’                                                                  capped. Why aren’t we using more domestic
                                                                                                   This whole thing is a big lie. We are one of
                                                                         JERRY, Athol.                                                                    oil? Alaska is supposed to contain lots of oil,
                                                                                                   the richest nations in energy and reserves.
                                                                                                                                                          but we do not drill there. I believe that in
                                                                                                   We do have the resources and there is no
                                             I am the Sheriff of Payette County. I was                                                                    this day and age, it would be possible to drill
                                                                                                   shortage. It is all there and it has been prov-
                                           given this e-mail address to write concerning                                                                  without excessive damage to the environ-
                                                                                                   en and everyone knows it, so what are not we
                                           the high fuel costs and the impact it has on                                                                   ment.
                                                                                                   tapping into it?
                                           our community safety.                                     Other countries are controlling us because                                                KATHY.
                                             The Payette County Sheriff’s Office has ap-           we depend on them. And the other thing is
                                           proximately 20 cars in the fleet, most of               that a few tree huggers here are able to shut            I understand you are seeking a response to
                                           them being patrol vehicles. I budgeted $62,000          us down as far as tapping into our own re-             the energy issue. We the people of the U.S.
                                           for fuel this fiscal year. I determined this            serves. That is just not right and has to stop         and Idaho have a responsible to make sure
                                           amount using $3.25 per gallon of gasoline and           now.                                                   that when we obtain our natural resources
                                           the average amount of fuel we use monthly/                This problem has not happened overnight              we make sure it is done environmentally
                                           yearly. The average fuel bill for the fleet was         and cannot be fixed overnight, but changes             proper or as best as possible as the times dic-
                                           $3,500 a month. Since the soaring of fuel               can be made and should be made now, so we              tate.
                                           prices, it is approximately $5,000 a month              can start heading in the right direction. It             We should drill domestically offshore and
                                           and still climbing. I have asked for $95,000 to         will take time but it needs to start now. The          on land, with the addition of building refin-
                                           cover FY2009.                                           government needs to step up to the plate               eries to coup with the domestic demands. We
                                             I have made some minor changes to patrol              now and so does each state, including Idaho,           should conduct other alternatives as well
                                           procedures by limiting the amount of miles              and put a stop to this wrong that is being             while we are drilling as well. The U.S. gov-
                                           put on the cars in a shift. Handling ‘‘calls for                                                               ernment should have incentives in place for
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                                                                                                   done to each of us.
                                           service’’ by telephone if possible, rather than           Thank you for your time and attention and            developers, manufacturers and consumers for
                                           driving a patrol car to the complainant’s res-          please be a doer and not just a hearer.                the alternative energy, i.e. tax credits that
                                           idence, etc. There are still more limitations                                        LYLE, Meridian.           we have for hybrid auto.
                                           I may implement if need be.                                                                                      Thanks for taking time in reading this
                                             Obviously, this affects the safety of the               I live in Nampa, where the price of gas has          note.
                                           community if deputies are not able to ac-               not yet $4.50. I know in other parts of the                                          JOSEPH, Eagle.




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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2075
                                             As a resident of the outlying area of Clear-            Lani’s many contributions have not                     EC–563. A communication from the Sec-
                                           water County, the price of gas is wreaking              gone unrecognized. In 1996, Lani re-                   retary, Division of Trading and Markets, Se-
                                           havoc. The prices on goods in Orofino have              ceived the Woman of the Year award                     curities and Exchange Commission, trans-
                                           risen dramatically. People go to Lewiston a                                                                    mitting, pursuant to law, the report of a rule
                                           lot to shop, but that has become prohibitive            from KQED public television and radio,
                                                                                                                                                          entitled ‘‘Amendments to Rules for Nation-
                                           also. The economy in general is taking a hit            and in 2003 she received the Alumni of                 ally Recognized Statistical Rating Organiza-
                                           because it is costing the timber companies              the Year award from the City College                   tions’’ (RIN3235-AK14) received in the Office
                                           an arm and leg to haul logs, therefore it is            of San Francisco.                                      of the President of the Senate on February 9,
                                           trickling down to the other businesses.                   Lani stood out as a driven activist                  2009; to the Committee on Banking, Housing,
                                           Recreation is being hit because people can-             who cared for her community deeply                     and Urban Affairs.
                                           not afford the fuel. Something has to be                                                                         EC–564. A communication from the General
                                                                                                   and will be remembered by friends and
                                           done. As a country we need to band together                                                                    Counsel, Federal Housing Finance Agency,
                                           to help conserve energy, and reduce our de-             colleagues as earnest, humble, and
                                                                                                                                                          transmitting, pursuant to law, the report of
                                           pendence on foreign oil sources. It seems to            dedicated to the ongoing fight for                     a rule entitled ‘‘Capital Classifications and
                                           be yet another case of the rich getting rich-           equality and fairness. Her optimism,                   Critical Capital Levels for the Federal Home
                                           er, and the poor getting poorer. What would             dedication, and courage are reflected                  Loan Banks’’ (RIN2590-AA21) received in the
                                           happen to this nation if for one week, noth-            by the thousands of individuals whose                  Office of the President of the Senate on Feb-
                                           ing moved? No food was hauled, no freight               lives she has enriched and improved.                   ruary 9, 2009; to the Committee on Banking,
                                           was moved, no gasoline was purchased. For                                                                      Housing, and Urban Affairs.
                                                                                                   We will always be grateful for Lani’s
                                           the first time in my lifetime, I fear that a                                                                     EC–565. A communication from the General
                                           depression is nearing. I have to wonder if              example of passionate activism.
                                                                                                                                                          Counsel, Federal Housing Finance Agency,
                                           anyone has the power to fight this, or are we             Lani is survived by sisters Lori Sil-                transmitting, pursuant to law, the report of
                                           too late?                                               ver and Lynn Jacobs; nieces Sara Sil-                  a    rule   entitled    ‘‘Portfolio Holdings’’
                                                                     CRISTINE, Orofino.            ver Jacobs, Brette Silver Jacobs, and                  (RIN2590-AA22) received in the Office of the
                                                          f                                        Lauren Shaber; nephews Jose Jacobs                     President of the Senate on February 9, 2009;
                                                                                                   and Justin Shaber, and brother-in-law                  to the Committee on Banking, Housing, and
                                                 ADDITIONAL STATEMENTS                                                                                    Urban Affairs.
                                                                                                   Syd Shaber. Our hearts go out to
                                                                                                   Lani’s family and friends during this                    EC–566. A communication from the Assist-
                                                                                                                                                          ant Secretary for Legislative Affairs, De-
                                                REMEMBERING LANI SILVER                            difficult time.∑
                                                                                                                                                          partment of the Treasury, transmitting, pur-
                                           ∑ Mrs. BOXER. Mr. President, it is                                        f                                    suant to law, a report entitled ‘‘Report on
                                           with a heavy heart that I ask my col-                                                                          the Taxation of Social Security and Railroad
                                                                                                       MESSAGE FROM THE HOUSE                             Retirement Benefits in Calendar Years 1997
                                           leagues to join me today in honoring
                                           the memory of a remarkable woman,                         At 2:16 p.m., a message from the                     through 2004’’; to the Committee on Finance.
                                                                                                   House of Representatives, delivered by                   EC–567. A communication from the Deputy
                                           Lani Silver. Lani was a passionate ac-                                                                         Assistant Secretary, Human Capital, Per-
                                           tivist,    oral   historian,  journalist,               Mrs. Cole, one of its reading clerks, an-
                                                                                                                                                          formance, and Partnerships, Department of
                                           filmmaker, speaker, and artist who                      nounced that the House has passed the                  the Interior, transmitting, pursuant to law,
                                           passed away January 28, 2009.                           following bill, in which it requests the               an annual report relative to the Depart-
                                              Lani was born on March 28, 1948, in                  concurrence of the Senate:                             ment’s competitive sourcing activities dur-
                                           Lynn, MA. Shortly after she was born,                      H.R. 912. An act to amend the Family and            ing fiscal year 2008; to the Committee on Fi-
                                           her family moved to San Francisco.                      Medical Leave Act of 1993 to clarify the eligi-        nance.
                                           When she was 19, Lani traveled to                       bility requirements with respect to airline              EC–568. A communication from the Sec-
                                                                                                   flight crews.                                          retary of Health and Human Services, trans-
                                           South Africa, where she observed the
                                                                                                                                                          mitting, pursuant to law, a report entitled
                                           awful impacts of apartheid. Lani was                                      f
                                                                                                                                                          ‘‘Geographic Variation in Drug Prices and
                                           profoundly affected by this experience,                                                                        Spending in the Part D Program’’; to the
                                                                                                          MEASURES REFERRED
                                           and when she returned to San Fran-                                                                             Committee on Finance.
                                           cisco she began what was to become a                      The following bill was read the first                  EC–569. A communication from the Acting
                                           lifetime commitment to progressive                      and the second times by unanimous                      Assistant Secretary, Office of Legislative Af-
                                           causes.                                                 consent, and referred as indicated:                    fairs, Department of State, transmitting,
                                              In 1981, Lani founded the Holocaust                     H.R. 912. An act to amend the Family and            pursuant to law, the report of a rule entitled
                                           Oral History Project. Over the next 20                  Medical Leave Act of 1993 to clarify the eligi-        ‘‘Visas: Documentation of Immigrants under
                                                                                                   bility requirements with respect to airline            the Immigration and Nationality Act, as
                                           years she recorded over 1,700 oral his-
                                                                                                   flight crews; to the Committee on Health,              Amended: Electronic Petition for Diversity
                                           tories, with over 1,400 Holocaust sur-                                                                         Immigrant Status’’ (RIN1400-AB84) received
                                           vivors and witnesses. Lani also served                  Education, Labor, and Pensions.
                                                                                                                                                          in the Office of the President of the Senate
                                           as a consultant to Steven Speilberg’s                                     f                                    on February 9, 2009; to the Committee on
                                           Shoah Foundation, which recorded                                                                               Foreign Relations.
                                                                                                         EXECUTIVE AND OTHER                                EC–570. A communication from the Acting
                                           53,000 Holocaust survivor oral histories.
                                                                                                             COMMUNICATIONS                               Assistant Secretary of Legislative Affairs,
                                           Thanks to Lani’s vision and determina-
                                           tion, these valuable stories were not                     The following communications were                    Department of State, transmitting, a report
                                                                                                   laid before the Senate, together with                  relative to the designation of countries of
                                           lost forever.
                                                                                                   accompanying papers, reports, and doc-                 particular concern and a Memorandum of
                                              Lani’s commitment to social justice
                                                                                                                                                          Justification; to the Committee on Foreign
                                           took many forms. In 2006 she cowrote                    uments, and were referred as indicated:                Relations.
                                           and produced an opera about Yukiko                        EC–560. A communication from the Execu-                EC–571. A communication from the Execu-
                                           Sugihara, a Japanese diplomat in Lith-                  tive Director, Commodity Futures Trading               tive Secretary, U.S. Agency for Inter-
                                           uania who, during World War II rescued                  Commission, transmitting, pursuant to law,             national Development, transmitting, pursu-
                                           thousands of Jews during the Holo-                      the report of a rule entitled ‘‘Exemption              ant to law, the report of a vacancy and des-
                                           caust by hand-writing visas against the                 From Registration for Certain Firms With               ignation of acting officer in the position of
                                                                                                   Regulation 30.10 Relief’’ (RIN3038-AC26) re-           Assistant Administrator for the Bureau of
                                           orders of the Japanese Government.                      ceived in the Office of the President of the           Economic Growth, Agriculture & Trade, re-
                                           Lani also organized events, exhibits,                   Senate on February 9, 2009; to the Com-                ceived in the Office of the President of the
                                           and media campaigns around the world                    mittee on Agriculture, Nutrition, and For-             Senate on February 9, 2009; to the Com-
                                           to honor Sugihara and make sure his                     estry.                                                 mittee on Foreign Relations.
                                           important story would not be forgot-                      EC–561. A communication from the Sec-                  EC–572. A communication from the Sec-
                                           ten.                                                    retary of Commerce, transmitting, pursuant             retary of Health and Human Services, trans-
                                              In 2000, Lani founded the James Byrd                 to law, a report relative to the Department’s          mitting, pursuant to law, a report relative to
                                           Jr. Racism Oral History Project, in                     2009 Report on Foreign Policy-Based Export             the Family Violence Prevention and Serv-
                                           honor of James Byrd, Jr., who was bru-                  Controls; to the Committee on Banking,                 ices Program for fiscal years 2005–2006; to the
                                                                                                   Housing, and Urban Affairs.                            Committee on Health, Education, Labor, and
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                                           tally murdered in Jasper, TX, in 1998
                                                                                                     EC–562. A communication from the Direc-              Pensions.
                                           by three White supremacists. The                        tor, Federal Housing Finance Agency, trans-              EC–573. A communication from the Deputy
                                           project has recorded 2,500 oral histories               mitting, pursuant to law, an annual report             Director of the Office of Labor-Management
                                           on racism in America with participants                  relative to competitive sourcing activities            Standards, Employment Standards Adminis-
                                           from the San Francisco Bay area, Jas-                   during fiscal year 2008; to the Committee on           tration, Department of Labor, transmitting,
                                           per, and Houston, TX.                                   Banking, Housing, and Urban Affairs.                   pursuant to law, the report of a rule entitled




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                                           S2076                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                           ‘‘Labor Organization Annual Financial Re-               transmitting, pursuant to law, a report on             transmitting, pursuant to law, a report on
                                           ports’’ (RIN1215-AB62) received in the Office           D.C. Act 17–576, ‘‘Property and Casualty Ac-           D.C. Act 17–586, ‘‘Washington Metropolitan
                                           of the President of the Senate on February 9,           tuarial Opinion Amendment Act of 2008’’ re-            Area Transit Commission District of Colum-
                                           2009; to the Committee on Health, Education,            ceived in the Office of the President of the           bia Commissioner Temporary Amendment
                                           Labor, and Pensions.                                    Senate on February 9, 2009; to the Com-                Act of 2008’’ received in the Office of the
                                             EC–574. A communication from the Direc-               mittee on Homeland Security and Govern-                President of the Senate on February 9, 2009;
                                           tor of Communications and Legislative Af-               mental Affairs.                                        to the Committee on Homeland Security and
                                           fairs, Equal Employment Opportunity Com-                  EC–585. A communication from the Chair-              Governmental Affairs.
                                           mission, transmitting, pursuant to law, an              man, Council of the District of Columbia,                EC–595. A communication from the Chair-
                                           annual report relative to the Commission’s              transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                           competitive sourcing activities during fiscal           D.C. Act 17–577, ‘‘Benning-Stoddert Recre-             transmitting, pursuant to law, a report on
                                           year 2008; to the Committee on Health, Edu-             ation Center Property Lease Approval Act of            D.C. Act 17–588, ‘‘Fiscal Year 2009 Children
                                           cation, Labor, and Pensions.                            2008’’ received in the Office of the President         and Youth Investment Trust Corporation Al-
                                             EC–575. A communication from the Admin-               of the Senate on February 9, 2009; to the              lowable Administrative Costs Increase Tem-
                                           istrator, National Aeronautics and Space Ad-            Committee on Homeland Security and Gov-                porary Amendment Act of 2008’’ received in
                                           ministration, transmitting, pursuant to law,            ernmental Affairs.                                     the Office of the President of the Senate on
                                           the Administration’s Performance and Ac-                  EC–586. A communication from the Chair-              February 9, 2009; to the Committee on Home-
                                           countability Report for fiscal year 2008; to            man, Council of the District of Columbia,              land Security and Governmental Affairs.
                                           the Committee on Homeland Security and                  transmitting, pursuant to law, a report on               EC–596. A communication from the Chair-
                                           Governmental Affairs.                                   D.C. Act 17–578, ‘‘Contract No. DCAM–2007–C–           man, Council of the District of Columbia,
                                             EC–576. A communication from the Acting               0092 Change Orders Approval and Payment                transmitting, pursuant to law, a report on
                                           Administrator, General Services Administra-             Authorization Act of 2008’’ received in the            D.C. Act 17–589, ‘‘Utility Line Temporary Act
                                           tion, transmitting, pursuant to law, a report           Office of the President of the Senate on Feb-          of 2008’’ received in the Office of the Presi-
                                           relative to mileage reimbursement rates for             ruary 9, 2009; to the Committee on Homeland            dent of the Senate on February 9, 2009; to the
                                           Federal employees who use privately owned               Security and Governmental Affairs.                     Committee on Homeland Security and Gov-
                                           vehicles while on official travel; to the Com-            EC–587. A communication from the Chair-              ernmental Affairs.
                                           mittee on Homeland Security and Govern-                 man, Council of the District of Columbia,                EC–597. A communication from the Chair-
                                           mental Affairs.                                         transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                             EC–577. A communication from the Acting               D.C. Act 17–579, ‘‘New Town Boundary                   transmitting, pursuant to law, a report on
                                           Director, Office of Personnel Management,               Amendment Act of 2008’’ received in the Of-            D.C. Act 17–590, ‘‘University of the District of
                                           transmitting, pursuant to law, a report enti-           fice of the President of the Senate on Feb-            Columbia Board of Trustees Temporary
                                           tled ‘‘Status of Telework in the Federal Gov-           ruary 9, 2009; to the Committee on Homeland            Amendment Act of 2008’’ received in the Of-
                                           ernment’’; to the Committee on Homeland                 Security and Governmental Affairs.                     fice of the President of the Senate on Feb-
                                           Security and Governmental Affairs.                        EC–588. A communication from the Chair-              ruary 9, 2009; to the Committee on Homeland
                                             EC–578. A communication from the Acting               man, Council of the District of Columbia,              Security and Governmental Affairs.
                                           Director, Office of Personnel Management,                                                                        EC–598. A communication from the Chair-
                                                                                                   transmitting, pursuant to law, a report on
                                           transmitting, pursuant to law, a report enti-                                                                  man, Council of the District of Columbia,
                                                                                                   D.C. Act 17–580, ‘‘Rhode Island Avenue Metro
                                           tled ‘‘Federal Equal Opportunity Recruit-                                                                      transmitting, pursuant to law, a report on
                                                                                                   Plaza Revenue Bonds Approval Temporary
                                                                                                                                                          D.C. Act 17–591, ‘‘Vehicle Towing, Storage,
                                           ment Program Report for Fiscal Year 2008’’;             Amendment Act of 2008’’ received in the Of-
                                                                                                                                                          and Conveyance Fee Amendment Act of
                                           to the Committee on Homeland Security and               fice of the President of the Senate on Feb-
                                                                                                                                                          2008’’ received in the Office of the President
                                           Governmental Affairs.                                   ruary 9, 2009; to the Committee on Homeland
                                             EC–579. A communication from the Assist-                                                                     of the Senate on February 9, 2009; to the
                                                                                                   Security and Governmental Affairs.                     Committee on Homeland Security and Gov-
                                           ant Secretary, Office of Legislative Affairs,             EC–589. A communication from the Chair-
                                                                                                                                                          ernmental Affairs.
                                           Department of Homeland Security, transmit-              man, Council of the District of Columbia,                EC–599. A communication from the Chair-
                                           ting, pursuant to law, a report relative to             transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                           the Security Privacy Office; to the Com-                D.C. Act 17–581, ‘‘New Convention Center               transmitting, pursuant to law, a report on
                                           mittee on Homeland Security and Govern-                 Hotel Temporary Amendment Act of 2008’’                D.C. Act 17–592, ‘‘Protection of Students with
                                           mental Affairs.                                         received in the Office of the President of the         Disabilities Amendment Act of 2008’’ re-
                                             EC–580. A communication from the Acting               Senate on February 9, 2009; to the Com-                ceived in the Office of the President of the
                                           Assistant Secretary, Office of Legislative Af-          mittee on Homeland Security and Govern-                Senate on February 9, 2009; to the Com-
                                           fairs, Department of Homeland Security,                 mental Affairs.                                        mittee on Homeland Security and Govern-
                                           transmitting, pursuant to law, an addendum                EC–590. A communication from the Chair-              mental Affairs.
                                           to the United States Department of Home-                man, Council of the District of Columbia,                EC–600. A communication from the Chair-
                                           land Security Other Transaction Authority               transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                           Report to Congress, Fiscal Years 2004–2007; to          D.C. Act 17–582, ‘‘Real Property Tax Benefits          transmitting, pursuant to law, a report on
                                           the Committee on Homeland Security and                  Revision Temporary Act of 2008’’ received in           D.C. Act 17–605, ‘‘Ward 4 Neighborhood In-
                                           Governmental Affairs.                                   the Office of the President of the Senate on           vestment Fund Boundary Expansion Amend-
                                             EC–581. A communication from the Acting               February 9, 2009; to the Committee on Home-            ment Act of 2008’’ received in the Office of
                                           Senior Procurement Executive, Office of the             land Security and Governmental Affairs.                the President of the Senate on February 9,
                                           Chief Acquisition Officer, General Services               EC–591. A communication from the Chair-              2009; to the Committee on Homeland Secu-
                                           Administration, Department of Defense, and              man, Council of the District of Columbia,              rity and Governmental Affairs.
                                           National Aeronautics and Space Administra-              transmitting, pursuant to law, a report on               EC–601. A communication from the Chair-
                                           tion, transmitting, pursuant to law, the re-            D.C. Act 17–583, ‘‘SOME, Inc. Technical                man, Council of the District of Columbia,
                                           port of a rule entitled ‘‘Federal Acquisition           Amendments Temporary Act of 2008’’ re-                 transmitting, pursuant to law, a report on
                                           Regulation; Federal Acquisition Circular                ceived in the Office of the President of the           D.C. Act 17–606, ‘‘Pharmacy Practice Amend-
                                           2005-29’’ (FAC 2005-29, Amendment-2) received           Senate on February 9, 2009; to the Com-                ment Act of 2008’’ received in the Office of
                                           in the Office of the President of the Senate            mittee on Homeland Security and Govern-                the President of the Senate on February 9,
                                           on February 9, 2009; to the Committee on                mental Affairs.                                        2009; to the Committee on Homeland Secu-
                                           Homeland Security and Governmental Af-                    EC–592. A communication from the Chair-              rity and Governmental Affairs.
                                           fairs.                                                  man, Council of the District of Columbia,                EC–602. A communication from the Chair-
                                             EC–582. A communication from the Chair-               transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                           man, Council of the District of Columbia,               D.C. Act 17–584, ‘‘Adoption and Safe Families          transmitting, pursuant to law, a report on
                                           transmitting, pursuant to law, a report on              Continuing Compliance Temporary Amend-                 D.C. Act 17–607, ‘‘Close Up Foundation Sales
                                           D.C. Act 17–524, ‘‘Title 22 Amendment Act of            ment Act of 2008’’ received in the Office of           Tax Exemption Act of 2008’’ received in the
                                           2008’’ received in the Office of the President          the President of the Senate on February 9,             Office of the President of the Senate on Feb-
                                           of the Senate on February 9, 2009; to the               2009; to the Committee on Homeland Secu-               ruary 9, 2009; to the Committee on Homeland
                                           Committee on Homeland Security and Gov-                 rity and Governmental Affairs.                         Security and Governmental Affairs.
                                           ernmental Affairs.                                        EC–593. A communication from the Chair-                EC–603. A communication from the Chair-
                                             EC–583. A communication from the Chair-               man, Council of the District of Columbia,              man, Council of the District of Columbia,
                                           man, Council of the District of Columbia,               transmitting, pursuant to law, a report on             transmitting, pursuant to law, a report on
                                           transmitting, pursuant to law, a report on              D.C. Act 17–585, ‘‘Neighborhood Supermarket            D.C. Act 17–608, ‘‘Adverse Event Reporting
                                           D.C. Act 17–536, ‘‘Firearms Control Tem-                Tax Relief Clarification Temporary Act of              Requirement Amendment Act of 2008’’ re-
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                                           porary Amendment Act of 2008’’ received in              2008’’ received in the Office of the President         ceived in the Office of the President of the
                                           the Office of the President of the Senate on            of the Senate on February 9, 2009; to the              Senate on February 9, 2009; to the Com-
                                           February 9, 2009; to the Committee on Home-             Committee on Homeland Security and Gov-                mittee on Homeland Security and Govern-
                                           land Security and Governmental Affairs.                 ernmental Affairs.                                     mental Affairs.
                                             EC–584. A communication from the Chair-                 EC–594. A communication from the Chair-                EC–604. A communication from the Chair-
                                           man, Council of the District of Columbia,               man, Council of the District of Columbia,              man, Council of the District of Columbia,




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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2077
                                           transmitting, pursuant to law, a report on              D.C. Act 17–623, ‘‘Abatement of Nuisance               ceived in the Office of the President of the
                                           D.C. Act 17–609, ‘‘Closing of a Portion of a            Properties and Tenant Receivership Amend-              Senate on February 9, 2009; to the Com-
                                           Public Alley in Square 1872, S.O. 05–2617, Act          ment Act of 2008’’ received in the Office of           mittee on Homeland Security and Govern-
                                           of 2008’’ received in the Office of the Presi-          the President of the Senate on February 9,             mental Affairs.
                                           dent of the Senate on February 9, 2009; to the          2009; to the Committee on Homeland Secu-                 EC–625. A communication from the Chair-
                                           Committee on Homeland Security and Gov-                 rity and Governmental Affairs.                         man, Council of the District of Columbia,
                                           ernmental Affairs.                                        EC–615. A communication from the Chair-              transmitting, pursuant to law, a report on
                                             EC–605. A communication from the Chair-               man, Council of the District of Columbia,              D.C. Act 17–636, ‘‘Reverend Dr. Luke Mitch-
                                           man, Council of the District of Columbia,               transmitting, pursuant to law, a report on             ell, Jr. Way Designation Act of 2008’’ re-
                                           transmitting, pursuant to law, a report on              D.C. Act 17–624, ‘‘School Safety and Security          ceived in the Office of the President of the
                                           D.C. Act 17–610, ‘‘Closing of a Public Alley in         Contracting Amendment Act of 2008’’ re-                Senate on February 9, 2009; to the Com-
                                           Square 375, S.O. 06–656, Clarification Tem-             ceived in the Office of the President of the           mittee on Homeland Security and Govern-
                                           porary Amendment Act of 2008’’ received in              Senate on February 9, 2009; to the Com-                mental Affairs.
                                           the Office of the President of the Senate on            mittee on Homeland Security and Govern-                  EC–626. A communication from the Chair-
                                           February 9, 2009; to the Committee on Home-             mental Affairs.                                        man, Council of the District of Columbia,
                                           land Security and Governmental Affairs.                   EC–616. A communication from the Chair-              transmitting, pursuant to law, a report on
                                             EC–606. A communication from the Chair-               man, Council of the District of Columbia,              D.C. Act 17–637, ‘‘Dr. Ethel Percy Andrus
                                           man, Council of the District of Columbia,               transmitting, pursuant to law, a report on             Designation Act of 2008’’ received in the Of-
                                           transmitting, pursuant to law, a report on              D.C. Act 17–625, ‘‘Retired Police Annuity              fice of the President of the Senate on Feb-
                                           D.C. Act 17–611, ‘‘Inclusionary Zoning Final            Amendment Act of 2008’’ received in the Of-            ruary 9, 2009; to the Committee on Homeland
                                           Rulemaking Temporary Amendment Act of                   fice of the President of the Senate on Feb-            Security and Governmental Affairs.
                                           2008’’ received in the Office of the President          ruary 9, 2009; to the Committee on Homeland              EC–627. A communication from the Chair-
                                           of the Senate on February 9, 2009; to the               Security and Governmental Affairs.                     man, Council of the District of Columbia,
                                           Committee on Homeland Security and Gov-                   EC–617. A communication from the Chair-              transmitting, pursuant to law, a report on
                                           ernmental Affairs.                                      man, Council of the District of Columbia,              D.C. Act 17–638, ‘‘Taxation Without Rep-
                                             EC–607. A communication from the Chair-               transmitting, pursuant to law, a report on             resentation Street Renaming Act of 2008’’ re-
                                           man, Council of the District of Columbia,               D.C. Act 17–626, ‘‘Solid Waste Disposal Fee            ceived in the Office of the President of the
                                           transmitting, pursuant to law, a report on              Amendment Act of 2008’’ received in the Of-            Senate on February 9, 2009; to the Com-
                                           D.C. Act 17–612, ‘‘Veterans Appreciation                fice of the President of the Senate on Feb-            mittee on Homeland Security and Govern-
                                           Scholarship Fund Establishment Act of 2008’’            ruary 9, 2009; to the Committee on Homeland            mental Affairs.
                                           received in the Office of the President of the          Security and Governmental Affairs.                       EC–628. A communication from the Chair-
                                           Senate on February 9, 2009; to the Com-                   EC–618. A communication from the Chair-              man, Council of the District of Columbia,
                                           mittee on Homeland Security and Govern-                 man, Council of the District of Columbia,              transmitting, pursuant to law, a report on
                                           mental Affairs.                                         transmitting, pursuant to law, a report on             D.C. Act 17–639, ‘‘Dr. Purvis J. Williams Au-
                                             EC–608. A communication from the Chair-               D.C. Act 17–627, ‘‘Langston Hughes Way Des-            ditorium and Athletic Field Designation Act
                                           man, Council of the District of Columbia,               ignation Act of 2008’’ received in the Office of       of 2008’’ received in the Office of the Presi-
                                           transmitting, pursuant to law, a report on              the President of the Senate on February 9,             dent of the Senate on February 9, 2009; to the
                                           D.C. Act 17–613, ‘‘Smoke and Carbon Mon-                2009; to the Committee on Homeland Secu-               Committee on Homeland Security and Gov-
                                           oxide Detector Program Amendment Act of                 rity and Governmental Affairs.                         ernmental Affairs.
                                           2008’’ received in the Office of the President            EC–619. A communication from the Chair-                EC–629. A communication from the Chair-
                                           of the Senate on February 9, 2009; to the               man, Council of the District of Columbia,              man, Council of the District of Columbia,
                                           Committee on Homeland Security and Gov-                 transmitting, pursuant to law, a report on             transmitting, pursuant to law, a report on
                                           ernmental Affairs.                                      D.C. Act 17–629, ‘‘Targeted Ward 4 Single              D.C. Act 17–640, ‘‘Hal Gordon Way Designa-
                                             EC–609. A communication from the Chair-               Sales Moratorium and Neighborhood Grocery              tion Act of 2008’’ received in the Office of the
                                           man, Council of the District of Columbia,               Retailer Act of 2008’’ received in the Office of       President of the Senate on February 9, 2009;
                                           transmitting, pursuant to law, a report on              the President of the Senate on February 9,             to the Committee on Homeland Security and
                                           D.C. Act 17–618, ‘‘Anti-Littering Amendment             2009; to the Committee on Homeland Secu-               Governmental Affairs.
                                           Act of 2008’’ received in the Office of the             rity and Governmental Affairs.                           EC–630. A communication from the Chair-
                                           President of the Senate on February 9, 2009;              EC–620. A communication from the Chair-              man, Council of the District of Columbia,
                                           to the Committee on Homeland Security and               man, Council of the District of Columbia,              transmitting, pursuant to law, a report on
                                           Governmental Affairs.                                   transmitting, pursuant to law, a report on             D.C. Act 17–641, ‘‘Appointment of the Chief
                                             EC–610. A communication from the Chair-               D.C. Act 17–630, ‘‘Public Schools Hearing              Medical Examiner Temporary Amendment
                                           man, Council of the District of Columbia,               Amendment Act of 2008’’ received in the Of-            Act of 2008’’ received in the Office of the
                                           transmitting, pursuant to law, a report on              fice of the President of the Senate on Feb-            President of the Senate on February 9, 2009;
                                           D.C. Act 17–619, ‘‘Historic Motor Vehicle               ruary 9, 2009; to the Committee on Homeland            to the Committee on Homeland Security and
                                           Amendment Act of 2008’’ received in the Of-             Security and Governmental Affairs.                     Governmental Affairs.
                                           fice of the President of the Senate on Feb-               EC–621. A communication from the Chair-                EC–631. A communication from the Chair-
                                           ruary 9, 2009; to the Committee on Homeland             man, Council of the District of Columbia,              man, Council of the District of Columbia,
                                           Security and Governmental Affairs.                      transmitting, pursuant to law, a report on             transmitting, pursuant to law, a report on
                                             EC–611. A communication from the Chair-               D.C. Act 17–631, ‘‘Fiscal Year 2009 Balanced           D.C. Act 17–642, ‘‘Day Care and Senior Serv-
                                           man, Council of the District of Columbia,               Budget Support Temporary Amendment Act                 ices Temporary Act of 2008’’ received in the
                                           transmitting, pursuant to law, a report on              of 2008’’ received in the Office of the Presi-         Office of the President of the Senate on Feb-
                                           D.C. Act 17–620, ‘‘Insurance Coverage for               dent of the Senate on February 9, 2009; to the         ruary 9, 2009; to the Committee on Homeland
                                           Emergency Department HIV Testing Amend-                 Committee on Homeland Security and Gov-                Security and Governmental Affairs.
                                           ment Act of 2008’’ received in the Office of            ernmental Affairs.                                       EC–632. A communication from the Chair-
                                           the President of the Senate on February 9,                EC–622. A communication from the Chair-              man, Council of the District of Columbia,
                                           2009; to the Committee on Homeland Secu-                man, Council of the District of Columbia,              transmitting, pursuant to law, a report on
                                           rity and Governmental Affairs.                          transmitting, pursuant to law, a report on             D.C. Act 17–655, ‘‘Prohibition of the Invest-
                                             EC–612. A communication from the Chair-               D.C. Act 17–632, ‘‘Boys and Girls Clubs of             ment of Public Funds in Certain Companies
                                           man, Council of the District of Columbia,               Greater Washington Plan Repeal Temporary               Doing Business with the Government of Iran
                                           transmitting, pursuant to law, a report on              Amendment Act of 2008’’ received in the Of-            and Sudan Divestment Conformity Act of
                                           D.C. Act 17–621, ‘‘Debris Removal Mutual Aid            fice of the President of the Senate on Feb-            2008’’ received in the Office of the President
                                           Amendment Act of 2008’’ received in the Of-             ruary 9, 2009; to the Committee on Homeland            of the Senate on February 9, 2009; to the
                                           fice of the President of the Senate on Feb-             Security and Governmental Affairs.                     Committee on Homeland Security and Gov-
                                           ruary 9, 2009; to the Committee on Homeland               EC–623. A communication from the Chair-              ernmental Affairs.
                                           Security and Governmental Affairs.                      man, Council of the District of Columbia,                EC–633. A communication from the Chair-
                                             EC–613. A communication from the Chair-               transmitting, pursuant to law, a report on             man, Council of the District of Columbia,
                                           man, Council of the District of Columbia,               D.C. Act 17–634, ‘‘Juvenile Speedy Trial Eq-           transmitting, pursuant to law, a report on
                                           transmitting, pursuant to law, a report on              uity Act of 2008’’ received in the Office of the       D.C. Act 17–656, ‘‘Bolling Air Force Base
                                           D.C. Act 17–622, ‘‘Washington Metropolitan              President of the Senate on February 9, 2009;           Military Housing Real Property Tax Exemp-
                                           Area Transit Commission Composition                     to the Committee on Homeland Security and              tion and Equitable Tax Relief Act of 2008’’
                                           Amendment Act 2008’’ received in the Office             Governmental Affairs.                                  received in the Office of the President of the
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                                           of the President of the Senate on February 9,             EC–624. A communication from the Chair-              Senate on February 9, 2009; to the Com-
                                           2009; to the Committee on Homeland Secu-                man, Council of the District of Columbia,              mittee on Homeland Security and Govern-
                                           rity and Governmental Affairs.                          transmitting, pursuant to law, a report on             mental Affairs.
                                             EC–614. A communication from the Chair-               D.C. Act 17–635, ‘‘Duke Ellington Way, Chuck             EC–634. A communication from the Chair-
                                           man, Council of the District of Columbia,               Brown Way, and Cathy Hughes Way at the                 man, Council of the District of Columbia,
                                           transmitting, pursuant to law, a report on              Howard Theater Designation Act of 2008’’ re-           transmitting, pursuant to law, a report on




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                                           S2078                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                           D.C. Act 17–657, ‘‘New Convention Center                ical Products’’ (RIN1117–AB13) received in             retary for Public and Indian Housing, De-
                                           Hotel Technical Amendments Act of 2008’’                the Office of the President of the Senate on           partment of Housing and Urban Develop-
                                           received in the Office of the President of the          February 9, 2009; to the Committee on the              ment, transmitting, pursuant to law, the re-
                                           Senate on February 9, 2009; to the Com-                 Judiciary.                                             port of a rule entitled ‘‘Public Housing Oper-
                                           mittee on Homeland Security and Govern-                   EC–645. A communication from the Deputy              ating Fund Program: Increased Terms of En-
                                           mental Affairs.                                         Under Secretary and Deputy Director, Pat-              ergy Performance Contracts’’ (RIN2577–AC66)
                                             EC–635. A communication from the Chair-               ent and Trademark Office, Department of                received in the Office of the President of the
                                           man, Council of the District of Columbia,               Commerce, transmitting, pursuant to law,               Senate on February 9, 2009; to the Com-
                                           transmitting, pursuant to law, a report on              the report of a rule entitled ‘‘Changes to             mittee on Banking, Housing, and Urban Af-
                                           D.C. Act 17–658, ‘‘Asbury United Methodist              Representation of Others Before the United             fairs.
                                           Church Equitable Real Property Tax Relief               States Patent and Trademark Office; Cor-                 EC–655. A communication from the Asso-
                                           Act of 2008’’ received in the Office of the             recting Amendments’’ (RIN0651–AB55) re-                ciate General Counsel for Legislation and
                                           President of the Senate on February 9, 2009;            ceived in the Office of the President of the           Regulations, Office of the Assistant Sec-
                                           to the Committee on Homeland Security and               Senate on February 9, 2009; to the Com-                retary for Public and Indian Housing, De-
                                           Governmental Affairs.                                   mittee on the Judiciary.                               partment of Housing and Urban Develop-
                                             EC–636. A communication from the Chair-                 EC–646. A communication from the Deputy              ment, transmitting, pursuant to law, the re-
                                           man, Council of the District of Columbia,               Under Secretary and Deputy Director, Pat-              port of a rule entitled ‘‘Prohibition on Use of
                                           transmitting, pursuant to law, a report on              ent and Trademark Office, Department of                Indian Community Development Block
                                           D.C. Act 17–659, ‘‘Closing of a Public Alley in         Commerce, transmitting, pursuant to law,               Grant Assistance for Employment Reloca-
                                           Square 617, S.O. 07–9709, Act of 2008’’ received        the report of a rule entitled ‘‘Changes in Re-         tion Activities; Final Rule’’ (RIN2577–AC78)
                                           in the Office of the President of the Senate            quirements for Signature of Documents, Rec-            received in the Office of the President of the
                                           on February 9, 2009; to the Committee on                ognition of Representatives, and Estab-                Senate on February 9, 2009; to the Com-
                                           Homeland Security and Governmental Af-                  lishing and Changing the Correspondence Ad-            mittee on Banking, Housing, and Urban Af-
                                           fairs.                                                  dress in Trademark Cases’’ (RIN0651–AC26)              fairs.
                                             EC–637. A communication from the Chair-               received in the Office of the President of the           EC–656. A communication from the Asso-
                                           man, Council of the District of Columbia,               Senate on February 9, 2009; to the Com-                ciate General Counsel for Legislation and
                                           transmitting, pursuant to law, a report on              mittee on the Judiciary.                               Regulations, Office of the Secretary, Depart-
                                           D.C. Act 17–660, ‘‘Rhode Island Avenue Metro              EC–647. A communication from the Deputy              ment of Housing and Urban Development,
                                           Plaza Revenue Bonds Approval Amendment                  General Counsel, Office of Credit Risk Man-            transmitting, pursuant to law, the report of
                                           Act of 2008’’ received in the Office of the             agement, Small Business Administration,                a rule entitled ‘‘Civil Money Penalties: Cer-
                                           President of the Senate on February 9, 2009;            transmitting, pursuant to law, the report of           tain Prohibited Conduct’’ (RIN2501–AD23) re-
                                           to the Committee on Homeland Security and               a rule entitled ‘‘Lender Oversight Program’’           ceived in the Office of the President of the
                                           Governmental Affairs.                                   (RIN3245–AE14) received in the Office of the           Senate on February 9, 2009; to the Com-
                                             EC–638. A communication from the Chair-               President of the Senate on February 9, 2009;           mittee on Banking, Housing, and Urban Af-
                                           man, Council of the District of Columbia,               to the Committee on Small Business and En-             fairs.
                                           transmitting, pursuant to law, a report on              trepreneurship.                                          EC–657. A communication from the Asso-
                                           D.C. Act 17–661, ‘‘Bud Doggett Way Designa-               EC–648. A communication from the Deputy              ciate General Counsel for Legislation and
                                           tion Act of 2008’’ received in the Office of the        General Counsel, Office of Portfolio Manage-           Regulations, Office of the Assistant Sec-
                                           President of the Senate on February 9, 2009;            ment Division, Small Business Administra-              retary for Housing-Federal Housing Commis-
                                           to the Committee on Homeland Security and               tion, transmitting, pursuant to law, the re-           sioner, Department of Housing and Urban
                                           Governmental Affairs.                                   port of a rule entitled ‘‘Debt Collection;             Development, transmitting, pursuant to law,
                                             EC–639. A communication from the Chair-               Clarification of Administrative Wage Gar-              the report of a rule entitled ‘‘Real Estate
                                           man, Council of the District of Columbia,               nishment Regulation and Reassignment of                Settlement Procedures Act (RESPA): Rule
                                           transmitting, pursuant to law, a report on              Hearing Official’’ (RIN3245–AF72) received in          To Simplify and Improve the Process of Ob-
                                           D.C. Act 17–662, ‘‘Closing of a Public Alley            the Office of the President of the Senate on           taining Mortgages and Reduce Consumer
                                           and Extinguishment of a Public-Alley Ease-              February 9, 2009; to the Committee on Small            Settlement Costs; Deferred Applicability
                                           ment in Square 749, S.O. 07–8916, Act of 2008’’         Business and Entrepreneurship.                         Date for the Revised Definition of ‘Required
                                           received in the Office of the President of the            EC–649. A communication from the Deputy              Use’ ’’ (RIN2502–AI61) received in the Office of
                                           Senate on February 9, 2009; to the Com-                 General Counsel, Office of Policy and Stra-            the President of the Senate on February 9,
                                           mittee on Homeland Security and Govern-                 tegic Planning, Small Business Administra-             2009; to the Committee on Banking, Housing,
                                           mental Affairs.                                         tion, transmitting, pursuant to law, the re-           and Urban Affairs.
                                             EC–640. A communication from the Chair-               port of a rule entitled ‘‘Small Business En-             EC–658. A communication from the Pro-
                                           man, National Indian Gaming Commission,                 ergy Efficiency Program’’ (RIN3245–AF75) re-           gram Analyst, Federal Aviation Administra-
                                           transmitting, pursuant to law, a report enti-           ceived in the Office of the President of the           tion, Department of Transportation, trans-
                                           tled ‘‘Strategic Plan for Fiscal Years 2009–            Senate on February 9, 2009; to the Com-                mitting, pursuant to law, the report of a rule
                                           2014’’; to the Committee on Indian Affairs.             mittee on Small Business and Entrepreneur-             entitled ‘‘Standard Instrument Approach
                                             EC–641. A communication from the Direc-               ship.                                                  Procedures, and Takeoff Minimums and Ob-
                                           tor of Legislative Affairs, Office of the Direc-          EC–650. A communication from the Execu-              stacle Departure Procedures; Miscellaneous
                                           tor of National Intelligence, transmitting,             tive Director, Commodity Futures Trading               Amendments’’              ((Docket          No.
                                           pursuant to law, a report of action on a nom-           Commission, transmitting, pursuant to law,             30646)(Amendment No. 3303)) received in the
                                           ination for the position of Director of Na-             the report of a rule entitled ‘‘Rules Relating         Office of the President of the Senate on Feb-
                                           tional Intelligence, received in the Office of          to Reparation Proceedings’’ (RIN3038–AC59)             ruary 9, 2009; to the Committee on Com-
                                           the President of the Senate on February 9,              received in the Office of the President of the         merce, Science, and Transportation.
                                           2009; to the Select Committee on Intel-                 Senate on February 9, 2009; to the Com-                  EC–659. A communication from the Attor-
                                           ligence.                                                mittee on Agriculture, Nutrition, and For-             ney Advisor, U.S. Coast Guard, Department
                                             EC–642. A communication from the Sec-                 estry.                                                 of Homeland Security, transmitting, pursu-
                                           retary of Health and Human Services, trans-               EC–651. A communication from the Assist-             ant to law, the report of a rule entitled ‘‘2008
                                           mitting, pursuant to law, an annual report              ant Secretary of the Navy (Installations and           Rates for Pilotage on the Great Lakes’’
                                           entitled ‘‘Report to the Congress on the Ref-           Environment), transmitting, pursuant to                (RIN1625–AB23) received in the Office of the
                                           ugee Resettlement Program’’; to the Com-                law, a report relative to the Department’s             President of the Senate on February 9, 2009;
                                           mittee on the Judiciary.                                plan to conduct a streamlined A–76 competi-            to the Committee on Commerce, Science,
                                             EC–643. A communication from the Senior               tion of aircraft maintenance functions; to             and Transportation.
                                           Counsel, Federal Bureau of Investigation,               the Committee on Armed Services.                         EC–660. A communication from the Attor-
                                           Department of Justice, transmitting, pursu-               EC–652. A communication from the Sec-                ney Advisor, U.S. Coast Guard, Department
                                           ant to law, the report of a rule entitled ‘‘Na-         retary of the Navy, transmitting, pursuant             of Homeland Security, transmitting, pursu-
                                           tional Motor Vehicle Title Information Sys-             to law, a report relative to the Program Ac-           ant to law, the report of a rule entitled
                                           tem (NMVTIS)’’ (RIN1110–AA30) received in               quisition Unit Cost for the VH–71 Presi-               ‘‘Safety Zone; Saugus River, Lynn, MA’’
                                           the Office of the President of the Senate on            dential Helicopter Replacement Program; to             ((RIN1625–AA00)(Docket       No.    USCG–2008–
                                           February 9, 2009; to the Committee on the               the Committee on Armed Services.                       1026)) received in the Office of the President
                                           Judiciary.                                                EC–653. A communication from the Chair-              of the Senate on February 9, 2009; to the
                                             EC–644. A communication from the Deputy               man, Securities and Exchange Commission,               Committee on Commerce, Science, and
                                           Assistant Administrator of the Office of Di-            transmitting, pursuant to law, a report rel-           Transportation.
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                                           version Control, Drug Enforcement Adminis-              ative to the Commission’s competitions in                EC–661. A communication from the Chief of
                                           tration, Department of Justice, transmit-               fiscal year 2008 and 2009; to the Committee            Staff, Media Bureau, Federal Communica-
                                           ting, pursuant to law, the report of a rule en-         on Banking, Housing, and Urban Affairs.                tions Commission, transmitting, pursuant to
                                           titled ‘‘Combat Methamphetamine Epidemic                  EC–654. A communication from the Asso-               law, the report of a rule entitled ‘‘Amend-
                                           Act of 2005: Fee for Self-Certification for             ciate General Counsel for Legislation and              ment of Section 73.622(i), Final DTV Table of
                                           Regulated Sellers of Scheduled Listed Chem-             Regulations, Office of the Assistant Sec-              Allotments, Television Broadcast Stations;




                                     VerDate Nov 24 2008   01:11 Feb 11, 2009   Jkt 079060   PO 00000   Frm 00042   Fmt 0624   Sfmt 0634   E:\CR\FM\A10FE6.022   S10FEPT1
                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2079
                                           Clovis, New Mexico’’ (MB Docket No. 08–132)             171) received in the Office of the President of        fice of the President of the Senate on Feb-
                                           received in the Office of the President of the          the Senate on February 9, 2009; to the Com-            ruary 9, 2009; to the Committee on Finance.
                                           Senate on February 9, 2009; to the Com-                 mittee on Commerce, Science, and Transpor-               EC–678. A communication from the Pro-
                                           mittee on Commerce, Science, and Transpor-              tation.                                                gram Manager of the Center for Medicaid
                                           tation.                                                   EC–669. A communication from the Deputy              and State Operations, Centers for Medicare
                                              EC–662. A communication from the Direc-              Associate Director of Energy, Science, and             and Medicaid Services, Department of
                                           tor of the Office of Sustainable Fisheries,             Water, Office of Management and Budget,                Health and Human Services, transmitting,
                                           National Marine Fisheries Service, Depart-              Executive Office of the President, transmit-           pursuant to law, the report of a rule entitled
                                           ment of Commerce, transmitting, pursuant                ting, pursuant to law, a report relative to            ‘‘Medicaid Programs; State Flexibility for
                                           to law, the report of a rule entitled ‘‘Fish-           the Island Creek Local Protection Project at           Medicaid Benefit Packages: Delay of Effec-
                                           eries of the Exclusive Economic Zone Off                Logan, West Virginia; to the Committee on              tive Date’’ (RIN0938–AO48) received in the Of-
                                           Alaska; Inseason Adjustment to the 2009 Gulf            Environment and Public Works.                          fice of the President of the Senate on Feb-
                                           of Alaska Pollock and Pacific Cod Total Al-               EC–670. A communication from the Assist-             ruary 9, 2009; to the Committee on Finance.
                                           lowable Catch Amounts’’ (RIN0648–XM48) re-              ant Secretary of the Army (Civil Works),                 EC–679. A communication from the Assist-
                                           ceived in the Office of the President of the            transmitting, pursuant to law, a report rel-           ant Legal Adviser for Treaty Affairs, Depart-
                                           Senate on February 9, 2009; to the Com-                 ative to ecosystem restoration in the vicin-           ment of State, transmitting, pursuant to the
                                           mittee on Commerce, Science, and Transpor-              ity of East St. Louis, Illinois; to the Com-           Case-Zablocki Act, 1 U.S.C. 112b, as amended,
                                           tation.                                                 mittee on Environment and Public Works.                the report of the texts and background state-
                                              EC–663. A communication from the Direc-                EC–671. A communication from the Deputy              ments of international agreements, other
                                           tor of the Office of Sustainable Fisheries,             Inspector General, Environmental Protec-               than treaties (List 2009–9—2009–12); to the
                                           National Marine Fisheries Service, Depart-              tion Agency, transmitting, pursuant to law,            Committee on Foreign Relations.
                                           ment of Commerce, transmitting, pursuant                a report entitled ‘‘Annual Superfund Report              EC–680. A communication from the Acting
                                           to law, the report of a rule entitled ‘‘Fish-           to Congress for Fiscal Year 2008’’; to the             Assistant Secretary, Office of Legislative Af-
                                           eries of the Northeastern United States;                Committee on Environment and Public                    fairs, Department of State, transmitting,
                                           Summer Flounder Fishery; Quota Transfer’’               Works.                                                 pursuant to law, an annual report relative to
                                           (RIN0648–XM32) received in the Office of the              EC–672. A communication from the Direc-              assistance given to Eurasia during fiscal
                                           President of the Senate on February 9, 2009;            tor, Regulatory Management Division, Envi-             year 2008; to the Committee on Foreign Rela-
                                           to the Committee on Commerce, Science,                  ronmental Protection Agency, transmitting,             tions.
                                                                                                   pursuant to law, the report of a rule entitled           EC–681. A communication from the Presi-
                                           and Transportation.
                                              EC–664. A communication from the Acting              ‘‘Procedures for Implementing the National             dent and Chief Executive Officer, Overseas
                                           Director of the Office of Sustainable Fish-             Environmental Policy Act and Assessing the             Private Investment Corporation, transmit-
                                           eries, National Marine Fisheries Service, De-           Environmental Effects Abroad of EPA Ac-                ting, pursuant to law, a report relative to
                                           partment of Commerce, transmitting, pursu-              tions’’ (RIN2020–AA48) received in the Office          the Corporation’s employment category rat-
                                           ant to law, the report of a rule entitled               of the President of the Senate on February 9,          ing system activities for fiscal year 2008; to
                                                                                                                                                          the Committee on Foreign Relations.
                                           ‘‘Fisheries of the Exclusive Economic Zone              2009; to the Committee on Environment and
                                                                                                                                                            EC–682. A communication from the Assist-
                                           Off Alaska; Inseason Adjustment to the 2009             Public Works.
                                                                                                                                                          ant Administrator, Bureau for Legislative
                                           Bering Sea Pollock Total Allowable Catch                  EC–673. A communication from the Direc-
                                                                                                                                                          and Public Affairs, U.S. Agency for Inter-
                                           Amount; Correction’’ (RIN0648–XM47) re-                 tor, Regulatory Management Division, Envi-
                                                                                                                                                          national Development, transmitting, pursu-
                                           ceived in the Office of the President of the            ronmental Protection Agency, transmitting,
                                                                                                                                                          ant to law, a report relative to competitive
                                           Senate on February 9, 2009; to the Com-                 pursuant to law, the report of a rule entitled
                                                                                                                                                          sourcing activities for fiscal year 2008; to the
                                           mittee on Commerce, Science, and Transpor-              ‘‘Oklahoma: Final Authorization of State
                                                                                                                                                          Committee on Foreign Relations.
                                           tation.                                                 Hazardous Waste Management Program Re-
                                              EC–665. A communication from the Deputy              vision’’ (FRL–8767–9) received in the Office of                        f
                                           Assistant Administrator for Regulatory Pro-             the President of the Senate on February 9,                INTRODUCTION OF BILLS AND
                                           grams, National Marine Fisheries Service,               2009; to the Committee on Environment and                      JOINT RESOLUTIONS
                                           Department of Commerce, transmitting, pur-              Public Works.
                                           suant to law, the report of a rule entitled               EC–674. A communication from the Direc-                The following bills and joint resolu-
                                           ‘‘Fisheries of the Caribbean, Gulf of Mexico,           tor, Regulatory Management Division, Envi-             tions were introduced, read the first
                                           and South Atlantic; Amendments to the                   ronmental Protection Agency, transmitting,             and second times by unanimous con-
                                           Spiny Lobster Fishery Management Plans                  pursuant to law, the report of a rule entitled         sent, and referred as indicated:
                                           for the Caribbean and Gulf of Mexico and                ‘‘Oil Pollution Prevention; Non-Transpor-
                                                                                                                                                                 By Ms. SNOWE (for herself, Mr. BAU-
                                           South Atlantic’’ (RIN0648–AV61) received in             tation Related Onshore Facilities; Spill Pre-
                                                                                                                                                                  CUS, Mrs. LINCOLN, Mr. BURR, and Ms.
                                           the Office of the President of the Senate on            vention,    Control,   and     Countermeasure
                                                                                                                                                                  COLLINS):
                                           February 9, 2009; to the Committee on Com-              Rule—Final Amendments’’ (FRL–8770–7) re-                 S. 402. A bill to improve the lives of our
                                           merce, Science, and Transportation.                     ceived in the Office of the President of the           Nation’s veterans and their families and pro-
                                              EC–666. A communication from the Deputy              Senate on February 9, 2009; to the Com-                vide them with the opportunity to achieve
                                           Assistant Administrator for Regulatory Pro-             mittee on Environment and Public Works.                the American dream; to the Committee on
                                           grams, National Marine Fisheries Service,                 EC–675. A communication from the Acting              Veterans’ Affairs.
                                           Department of Commerce, transmitting, pur-              Assistant Administrator for Fisheries, Na-                    By Mr. LEVIN:
                                           suant to law, the report of a rule entitled             tional Marine Fisheries Service, Department              S. 403. A bill for the relief of Ibrahim
                                           ‘‘Fisheries of the Caribbean, Gulf of Mexico,           of Commerce, transmitting, pursuant to law,            Parlak; to the Committee on the Judiciary.
                                           and South Atlantic; Snapper-Grouper Fish-               the report of a rule entitled ‘‘Endangered                    By Mr. AKAKA (for himself and Mr.
                                           ery off the Southern Atlantic States;                   and Threatened Wildlife and Plants; Endan-                     BURRIS):
                                           Amendment 14’’ (RIN0648–AU28) received in               gered Status for Black Abalone’’ (RIN0648–               S. 404. A bill to amend title 38, United
                                           the Office of the President of the Senate on            AW32) received in the Office of the President          States Code, to expand veteran eligibility for
                                           February 9, 2009; to the Committee on Com-              of the Senate on February 9, 2009; to the              reimbursement by the Secretary of Veterans
                                           merce, Science, and Transportation.                     Committee on Environment and Public                    Affairs for emergency treatment furnished in
                                              EC–667. A communication from the Deputy              Works.                                                 a non-Department facility, and for other pur-
                                           Assistant Administrator for Regulatory Pro-               EC–676. A communication from the Chief of            poses; to the Committee on Veterans’ Af-
                                           grams, National Marine Fisheries Service,               the Publications and Regulations Branch, In-           fairs.
                                           Department of Commerce, transmitting, pur-              ternal Revenue Service, Department of the                     By Mr. LEAHY (for himself, Mr. BEN-
                                           suant to law, the report of a rule entitled             Treasury, transmitting, pursuant to law, the                   NETT, Mr. BAYH, Mrs. BOXER, Mr.
                                           ‘‘International Fisheries; Pacific Tuna Fish-           report of a rule entitled ‘‘Treatment of Cor-                  BROWN, Mr. COCHRAN, Mr. DODD, Mr.
                                           eries; Revisions to Regulations for Vessels             porations Whose Instruments Are Acquired                       DURBIN, Mr. JOHNSON, Mr. KENNEDY,
                                           Authorized to Fish for Tuna and Tuna-like               By The Treasury Department Under Certain                       Mr. SANDERS, Mr. SCHUMER, and Mr.
                                           Species in the Eastern Tropical Pacific                 Programs Pursuant To The Emergency Eco-                        WHITEHOUSE):
                                           Ocean and to Requirements for the Submis-               nomic Stabilization Act of 2008’’ (Notice                S. 405. A bill to amend the Internal Rev-
                                           sion of Fisheries Certificates of Origin’’              2009–14) received in the Office of the Presi-          enue Code of 1986 to provide that a deduction
                                           (RIN0648–AV37) received in the Office of the            dent of the Senate on February 9, 2009; to the         equal to fair market value shall be allowed
                                           President of the Senate on February 9, 2009;            Committee on Finance.                                  for charitable contributions of literary, mu-
                                           to the Committee on Commerce, Science,                    EC–677. A communication from the Pro-                sical, artistic, or scholarly compositions cre-
                                           and Transportation.                                     gram Manager of the Center for Medicaid                ated by the donor; to the Committee on Fi-
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                                              EC–668. A communication from the Deputy              and State Operations, Centers for Medicare             nance.
                                           Bureau Chief, Wireline Competition Bureau,              and Medicaid Services, Department of                          By Mr. SPECTER (for himself and Mr.
                                           Federal Communications Commission, trans-               Health and Human Services, transmitting,                       CASEY):
                                           mitting, pursuant to law, the report of a rule          pursuant to law, the report of a rule entitled           S. 406. A bill to amend title XIX of the So-
                                           entitled ‘‘Implementation of the NET 911 Im-            ‘‘Medicaid Program; Premiums and Cost                  cial Security Act to provide Medicaid cov-
                                           provement Act of 2008’’ (WC Docket No. 08–              Sharing’’ (RIN0938–AO47) received in the Of-           erage of drugs prescribed for certain research




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                                           S2080                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                           study child participants; to the Committee                 STATEMENTS ON INTRODUCED                            port for our Nation’s veterans and their
                                           on Finance.                                               BILLS AND JOINT RESOLUTIONS                          families. I sincerely hope that my col-
                                                 By Mr. AKAKA (for himself, Mr. BURR,                                                                     leagues will join Senator BAUCUS, Sen-
                                                   Mr. ROCKEFELLER, Mrs. MURRAY, Mr.                     By Ms. SNOWE (for herself, Mr.
                                                                                                           BAUCUS, Mrs. LINCOLN, Mr.                      ator LINCOLN, Senator BURR, Senator
                                                   SANDERS, Mr. BROWN, Mr. WEBB, Mr.
                                                   TESTER, Mr. BEGICH, Mr. BURRIS, Mr.                     BURR, and Ms. COLLINS):                        COLLINS, and me and offer their support
                                                   SPECTER, Mr. ISAKSON, Mr. WICKER,                 S. 402. A bill to improve the lives of               for this important legislation.
                                                   Mr. JOHANNS, and Mr. GRAHAM):                   our Nation’s veterans and their fami-
                                             S. 407. A bill to increase, effective as of De-                                                                     By Mr. AKAKA (for himself and
                                                                                                   lies and provide them with the oppor-
                                           cember 1, 2009, the rates of compensation for           tunity to achieve the American dream;                           Mr. BURRIS):
                                           veterans with service-connected disabilities                                                                     S. 404. A bill to amend title 38,
                                                                                                   to the Committee on Veterans’ Affairs.
                                           and the rates of dependency and indemnity
                                                                                                     Ms. SNOWE. Mr. President, I rise                     United States Code, to expand veteran
                                           compensation for the survivors of certain                                                                      eligibility for reimbursement by the
                                           disabled veterans, and for other purposes; to           today with Senator BAUCUS, Senator
                                                                                                   LINCOLN, Senator BURR, and Senator                     Secretary of Veterans Affairs for emer-
                                           the Committee on Veterans’ Affairs.                                                                            gency treatment furnished in a non-De-
                                                 By Mr. INOUYE (for himself, Mr.                   COLLINS to introduce the Keeping Our
                                                   HATCH, Mr. KENNEDY, Mr. CONRAD,                 Promise to America’s Military Vet-                     partment facility, and for other pur-
                                                   Mr. DORGAN, and Mr. AKAKA):                     erans Act. Quite simply, my colleagues                 poses; to the Committee on Veterans’
                                             S. 408. A bill to amend the Public Health             and I strongly believe that Congress                   Affairs.
                                           Service Act to provide a means for continued            must remain focused on fully sup-                        Mr. AKAKA. Mr. President, today I
                                           improvement in emergency medical services               porting our veterans and their families                introduce legislation to correct a defi-
                                           for children; to the Committee on Health,                                                                      ciency in the law governing health care
                                                                                                   in the 111th Congress. As we begin this
                                           Education, Labor, and Pensions.                                                                                for veterans. Under current law, origi-
                                                 By Mr. LEAHY (for himself, Mr. COCH-              new Congress, our legislative priorities
                                                                                                   should reflect the unending gratitude                  nally enacted on November 30, 1999, a
                                                   RAN, and Mr. DODD):
                                                                                                   of the American people for the sac-                    veteran who is enrolled in VA’s health
                                             S.J. Res. 8. A joint resolution providing for
                                           the appointment of David M. Rubenstein as a             rifices of our veterans and their fami-                care system can be reimbursed for
                                           citizen regent of the Board of Regents of the           lies in defending the Nation and our                   emergency treatment received at a
                                           Smithsonian Institution; to the Committee               way of life.                                           non-VA hospital. However, the statute
                                           on Rules and Administration.                              To date, the war on terrorism has al-                only permits such VA reimbursement if
                                                 By Mr. LEAHY (for himself, Mr. COCH-              ready generated nearly 1 million dis-                  the veteran has no other outside health
                                                   RAN, and Mr. DODD):                                                                                    insurance, no matter how limited that
                                                                                                   charged veterans and their ranks will
                                             S.J. Res. 9. A joint resolution providing for                                                                other coverage might be.
                                                                                                   grow with nearly 300,000 new veterans
                                           the appointment of France A. Cordova as a                                                                        This sole payor provision means that
                                           citizen regent of the Board of Regents of the
                                                                                                   per year. The Congress must not waver
                                           Smithsonian Institution; to the Committee               in our commitment of support for their                 a veteran who has any insurance is not
                                           on Rules and Administration.                            service, as well as the service and sac-               entitled to reimbursement from VA for
                                                                                                   rifices of each of our citizens who have               emergency medical treatment received
                                                            f                                      taken that extra step and donned the                   at a non-VA facility. This is true even
                                                                                                   uniform of this great Nation. The bill                 if the veteran’s insurance policy does
                                                                                                   that we are introducing would express                  not cover the full amount owed.
                                                 ADDITIONAL COSPONSORS                                                                                      The bill I am introducing would
                                                                                                   the sense of Congress that legislation
                                                                  S. 213                           should be enacted in the 111th Congress                amend current law so that a veteran
                                             At the request of Mrs. BOXER, the                     to improve the lives of our Nation’s                   who has outside insurance would be eli-
                                           name of the Senator from New Jersey                     veterans and their families and provide                gible for reimbursement in the event
                                           (Mr. LAUTENBERG) was added as a co-                     them with the opportunity to achieve                   that any outside insurance does not
                                           sponsor of S. 213, a bill to amend title                the American dream, including legisla-                 cover the full amount of the emergency
                                           49, United States Code, to ensure air                   tion to assure funding for medical care                care. VA would be authorized to cover
                                           passengers have access to necessary                     and for timely and accurate adjudica-                  the difference between the amount the
                                           services while on a grounded air car-                   tion of all benefit claims, to assure ac-              veteran’s insurance will pay and the
                                           rier, and for other purposes.                           cesses to high quality treatment for                   total cost of care. In essence, VA would
                                                                  S. 332                           PTSD and TBI conditions, and to as-                    become the payor of last resort in such
                                             At the request of Mr. BROWNBACK, the                  sure a seamless transition for veterans                cases. This would keep the veteran
                                           name of the Senator from Georgia (Mr.                   and their families from military to ci-                from being burdened by exorbitant
                                           ISAKSON) was added as a cosponsor of S.                 vilian life.                                           medical fees with no insurance with
                                           332, a bill to establish a comprehensive                  As we consider legislation for this                  which to pay them.
                                                                                                   Congress, I point out, for example, the                  In addition to amending current law
                                           interagency response to reduce lung
                                                                                                   problem of providing the VA health                     in a prospective manner, this legisla-
                                           cancer mortality in a timely manner.
                                                                                                   care system with funding in a timely                   tion would also allow the Secretary of
                                                                  S. 371
                                                                                                   and predictable manner. With the ex-                   Veterans Affairs to retroactively apply
                                             At the request of Mr. THUNE, the                      ception of last year, VA appropriations                this law to emergency treatment re-
                                           name of the Senator from Colorado                       have historically not met this simple                  ceived between the effective date of the
                                           (Mr. BENNET) was withdrawn as a co-                     standard. To correct this problem, I                   current law and the date of enactment
                                           sponsor of S. 371, a bill to amend chap-                have supported, and will continue to                   of the legislation I am introducing
                                           ter 44 of title 18, United States Code, to              support measures to make VA appro-                     today.
                                           allow citizens who have concealed                       priations mandatory, or to provide ad-                   One example of the sort of case to
                                           carry permits from the State in which                   vance appropriations to the VA. Nei-                   which this discretionary authority
                                           they reside to carry concealed firearms                 ther are new budget concepts, but rath-                might apply is one that came to the
                                           in another State that grants concealed                  er a means of achieving timely, pre-                   Committee’s attention involving a dis-
                                           carry permits, if the individual com-                   dictable, and sufficient funding of VA                 abled Vietnam veteran who was in a se-
                                           plies with the laws of the State.                       health care via the current annual ap-                 rious motorcycle accident which led to
                                                                  S. 388                           propriations process. I joined with a                  a medical bill for emergency room care
                                             At the request of Ms. MIKULSKI, the                   number of senators in the last Con-                    of over $100,000. This veteran, who lived
                                           names of the Senator from Hawaii (Mr.                   gress, including then-Senator Barack                   in Illinois, had state mandated auto in-
                                           INOUYE), the Senator from South Da-                     Obama, on legislation to provide ad-                   surance which included a medical ben-
                                           kota (Mr. THUNE), and the Senator                       vance appropriations to the VA, and                    efit of $10,000. Since he had this other
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                                           from Louisiana (Ms. LANDRIEU) were                      will continue to work to this end in the               insurance, VA was precluded from pay-
                                           added as cosponsors of S. 388, a bill to                111th.                                                 ing for his care and the veteran was
                                           extend the termination date for the ex-                   Of the many challenges on which this                 personally responsible for the dif-
                                           emption of returning workers from the                   Congress must act in the weeks and                     ference between the amount covered by
                                           numerical limitations for temporary                     months ahead, we believe that it is im-                his state-required policy and the total
                                           workers.                                                perative that we not waver in our sup-                 charge for his care. Had this veteran



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                S2081
                                           had no insurance at all, VA would have                  reimbursement under section 1725 of title 38,          Mountain State. Displaying their cre-
                                           paid the entire amount.                                 United States Code, as amended by sub-                 ations in museums and libraries helps
                                             I urge our colleagues to cosponsor                    section (a) and (b) for emergency treatment            develop a sense of pride among
                                                                                                   furnished before the date of the enactment of
                                           this legislation and to work with me                                                                           Vermonters, and strengthens a bond
                                                                                                   this Act if the Secretary determines that,
                                           and the other members of the Vet-                       under the circumstances applicable with re-            with Vermont, its landscape, its beau-
                                           erans’ Affairs Committee to address                     spect to the veteran, it is appropriate to do          ty, and its cultural heritage. Anyone
                                           this gap in VA benefits.                                so.                                                    who has contemplated a painting in a
                                             Mr. President, I ask unanimous con-                                                                          museum or examined an original
                                           sent that the text of the bill be printed                     By Mr. LEAHY (for himself, Mr.                   manuscript or composition, and has
                                           in the RECORD.                                                  BENNETT,     Mr.   BAYH,     Mrs.              gained a greater understanding of both
                                             There being no objection, the text of                         BOXER, Mr. BROWN, Mr. COCH-                    the artist and the subject as a result,
                                           the bill was ordered to be printed in                           RAN, Mr. DODD, Mr. DURBIN, Mr.                 knows the tremendous value of these
                                           the RECORD, as follows:                                         JOHNSON, Mr. KENNEDY, Mr.                      works. I would like to see more of
                                                                S. 404                                     SANDERS, Mr. SCHUMER, and Mr.                  them, not fewer, preserved in Vermont
                                             Be it enacted by the Senate and House of Rep-                 WHITEHOUSE):                                   and across the country.
                                           resentatives of the United States of America in           S. 405. A bill to amend the Internal                   Prior to 1969, artists and collectors
                                           Congress assembled,                                     Revenue Code of 1986 to provide that a                 alike were able to take a deduction
                                           SECTION 1. SHORT TITLE.                                 deduction equal to fair market value                   equivalent to the fair market value of
                                            This Act may be cited as the ‘‘Veterans’               shall be allowed for charitable con-                   a work, but Congress changed the law
                                           Emergency Care Fairness Act of 2009’’.                  tributions of literary, musical, artistic,             with respect to artists in the Tax Re-
                                           SEC. 2. EXPANSION OF VETERAN ELIGIBILITY                or scholarly compositions created by                   form Act of 1969. Since then, fewer and
                                                      FOR REIMBURSEMENT BY SEC-
                                                      RETARY OF VETERANS AFFAIRS FOR               the donor; to the Committee on Fi-                     fewer artists have donated their works
                                                      EMERGENCY     TREATMENT    FUR-              nance.                                                 to museums and cultural institutions.
                                                      NISHED IN A NON-DEPARTMENT FA-                 Mr. LEAHY. Mr. President, today we                   For example, prior to the enactment of
                                                      CILITY.                                      reintroduce the Artist-Museum Part-                    the 1969 law, Igor Stravinsky planned
                                             (a) EXPANSION OF ELIGIBILITY.—Subsection              nership Act, and once again, I am                      to donate his papers to the Music Divi-
                                           (b)(3)(C) of section 1725 of title 38, United
                                           States Code, is amended by striking ‘‘, in
                                                                                                   pleased to be joined in this effort by                 sion of the Library of Congress. But
                                           whole or in part,’’.                                    my good friend Senator BENNETT from                    after the law passed, his papers were
                                             (b) LIMITATIONS ON REIMBURSEMENT.—Such                Utah.                                                  sold instead to a private foundation in
                                           section 1725 is further amended—                          This bipartisan legislation would en-                Switzerland. We can no longer afford
                                             (1) in subsection (c), by adding at the end           able our country to keep cherished art                 this massive loss to our cultural herit-
                                           the following new paragraph:                            works in the United States and to pre-                 age. Losses to the public like this are
                                             ‘‘(4)(A) If the veteran has contractual or            serve them in our public institutions.                 an unintended consequence of the 1969
                                           legal recourse against a third party that               At the same time, this legislation will
                                           would, in part, extinguish the veteran’s li-                                                                   tax bill that should be corrected.
                                           ability to the provider of the emergency
                                                                                                   erase an inequity in our tax code that                   Congress changed the law for artists
                                           treatment and payment for the treatment                 currently serves as a disincentive for                 more than 30 years ago in response to
                                           may be made both under subsection (a) and               artists to donate their works to muse-                 the perception that some taxpayers
                                           by the third party, the amount payable for              ums and libraries. We have introduced                  were taking advantage of the law by
                                           such treatment under such subsection shall              this same bill in each of the past five                inflating the market value of self-cre-
                                           be the amount by which the costs for the                Congresses, and I am hopeful that this                 ated works. Since that time, however,
                                           emergency treatment exceed the amount                   will be our year. In the past, our bill                the government has cut down signifi-
                                           payable or paid by the third party, except              has been included in the Senate-passed                 cantly on the abuse of fair market
                                           that the amount payable may not exceed the
                                           maximum amount payable established under
                                                                                                   version of the 2001 tax reconciliation                 value determinations.
                                           paragraph (1)(A).                                       bill, the Senate-passed version of the                   Under our legislation, artists who do-
                                             ‘‘(B) In any case in which a third party is           2003 Charity Aid, Recovery, and Em-                    nate their own paintings, manuscripts,
                                           financially responsible for part of the vet-            powerment Act, and the Senate-passed                   compositions, or scholarly composi-
                                           eran’s emergency treatment expenses, the                version of the 2005 tax reconciliation                 tions would be subject to the same new
                                           Secretary shall be the secondary payer.                 bill. I would like to thank Senators                   rules that all taxpayer/collectors who
                                             ‘‘(C) A payment in the amount payable                 BAYH, BOXER, BROWN, COCHRAN, DODD,                     donate such works must now follow.
                                           under subparagraph (A) shall be considered
                                                                                                   DURBIN, JOHNSON, KENNEDY, SANDERS,                     This includes providing relevant infor-
                                           payment in full and shall extinguish the vet-
                                           eran’s liability to the provider.                       SCHUMER, and WHITEHOUSE for cospon-                    mation as to the value of the gift, pro-
                                             ‘‘(D) The Secretary may not reimburse a               soring this non-partisan bill.                         viding appraisals by qualified apprais-
                                           veteran under this section for any copay-                 Our bill is sensible and straight-                   ers, and, in some cases, subjecting
                                           ment or similar payment that the veteran                forward. It would allow artists, writers,              them to review by the Internal Rev-
                                           owes the third party or for which the veteran           and composers to take a tax deduction                  enue Service’s Art Advisory Panel.
                                           is responsible under a health-plan con-                 equal to the fair market value of the                    In addition, donated works must be
                                           tract.’’; and                                           works they donate to museums and li-                   accepted by museums and libraries,
                                             (2) in subsection (f)(3)—
                                                                                                   braries. This is something that collec-                which often have strict criteria in
                                             (A) in subparagraph (A), by inserting be-
                                           fore the period at the end the following: ‘‘,           tors who make similar donations are                    place for works they intend to display.
                                           including the Secretary of Health and                   already able to do. Under current law,                 The institution must certify that it in-
                                           Human Services with respect to the Medi-                artists who donate self-created works                  tends to put the work to a use that is
                                           care program under title XVIII of the Social            are only able to deduct the cost of sup-               related to the institution’s tax exempt
                                           Security Act (42 U.S.C. 1395 et seq.) and the           plies such as canvas, pen, paper and                   status. For example, a painting con-
                                           Medicaid program under title XIX of such                ink, which does not even come close to                 tributed to an educational institution
                                           Act (42 U.S.C. 1396 et seq.)’’; and                     their true value. This is unfair to art-               must be used by that organization for
                                             (B) in subparagraph (B), by inserting before
                                                                                                   ists, and it hurts museums and librar-                 educational purposes and could not be
                                           the period at the end the following: ‘‘, in-
                                           cluding a State Medicaid agency with re-                ies large and small that are dedicated                 sold by the institution for profit. Simi-
                                           spect to payments made under a State plan               to preserving works for posterity. If we               larly, a work could not be donated to a
                                           for medical assistance approved under title             as a nation want to ensure that works                  hospital or other charitable institution
                                           XIX of such Act (42 U.S.C. 1396 et seq.)’’.             of art created by living artists are                   that did not intend to use the work in
                                             (c) EFFECTIVE DATE.—                                  available to the public in the future for              a manner related to the function con-
                                             (1) IN GENERAL.—The amendments made by                study and for pleasure this is some-                   stituting the recipient’s exemption
                                           subsections (a) and (b) shall take effect on
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                                                                                                   thing that artists should be allowed to                under Section 501 of the tax code. Fi-
                                           the date of the enactment of this Act, and
                                                                                                   do.                                                    nally, the fair market value of the
                                           shall apply with respect to emergency treat-
                                           ment furnished on or after the date of the                In my State of Vermont, we are in-                   work could only be deducted from the
                                           enactment of this Act.                                  credibly proud of the great works pro-                 portion of the artist’s income that has
                                             (2) REIMBURSEMENT FOR TREATMENT BEFORE                duced by hundreds of local artists who                 come from the sale of similar works or
                                           EFFECTIVE DATE.—The Secretary may provide               choose to live and work in the Green                   related activities.



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                                           S2082                                             CONGRESSIONAL RECORD — SENATE                                                  February 10, 2009
                                             This bill would also correct another                  mental unit, to any purpose or function de-            frame, if he or she donated their art to
                                           disparity in the tax treatment of self-                 scribed under subsection (c)),                         a museum. Thus, there exists a dis-
                                           created works—how the same work is                         ‘‘(v) the taxpayer receives from the donee a        incentive for artists to donate their
                                                                                                   written statement representing that the
                                           treated before and after an artist’s                                                                           work to museums. The solution is sim-
                                                                                                   donee’s use of the property will be in accord-
                                           death. While living artists may only                    ance with the provisions of clause (iv), and           ple: treat collectors and artists the
                                           deduct the material costs of donations,                    ‘‘(vi) the written appraisal referred to in         same way. This bill would do just that.
                                           donations of those same works after                     clause (ii) includes evidence of the extent (if          Certainly, this bill would benefit art-
                                           death are deductible from estate taxes                  any) to which property created by the per-             ists, but more importantly, the bene-
                                           at the fair market value of the work.                   sonal efforts of the taxpayer and of the same          ficiaries would be the museums that
                                           In addition, when an artist dies, works                 type as the donated property is or has been—           would receive the artwork and the gen-
                                           that are part of his or her estate are                     ‘‘(I) owned, maintained, and displayed by           eral public who would be able to view it
                                                                                                   organizations       described   in   subsection        in a timely manner. This change in the
                                           taxed on the fair market value.
                                                                                                   (b)(1)(A), and                                         Tax Code would increase the number of
                                             I want to thank my colleagues again                      ‘‘(II) sold to or exchanged by persons other
                                           for cosponsoring this bipartisan legis-                                                                        original pieces donated to public insti-
                                                                                                   than the taxpayer, donee, or any related per-
                                           lation. The time has come for us to                     son (as defined in section 465(b)(3)(C)).              tutions, giving scholars greater access
                                           correct an unintended consequence of                       ‘‘(C) MAXIMUM DOLLAR LIMITATION; NO CAR-            to an artist’s work during the lifetime
                                           the 1969 law and encourage rather than                  RYOVER OF INCREASED DEDUCTION.—The in-                 of that artist, as well as provide for an
                                           discourage the donations of art works                   crease in the deduction under this section by          increase in the public display of such
                                           by their creators. This bill will make a                reason of this paragraph for any taxable               work.
                                           crucial difference in an artist’s deci-                 year—                                                    I would like to thank Senator LEAHY
                                                                                                      ‘‘(i) shall not exceed the artistic adjusted        for his work on this bill. I urge my col-
                                           sion to donate his or her work, rather                  gross income of the taxpayer for such tax-
                                           than sell it to a private party where it                                                                       leagues to support this commonsense
                                                                                                   able year, and                                         legislation. The benefit of the Artist-
                                           may become lost to the public forever.                     ‘‘(ii) shall not be taken into account in de-
                                             Mr. President, I ask unanimous                        termining the amount which may be carried
                                                                                                                                                          Museum Partnership Act to our Na-
                                           cnsent that the text of the bill be                     from such taxable year under subsection (d).           tion’s cultural and artistic heritage
                                           printed in the RECORD.                                     ‘‘(D) ARTISTIC ADJUSTED GROSS INCOME.—              cannot be overstated. This minor cor-
                                             There being no objection, the text of                 For purposes of this paragraph, the term ‘ar-          rection to the Tax Code is long over-
                                           the bill was ordered to be printed in                   tistic adjusted gross income’ means that por-          due, and the Senate should act on this
                                                                                                   tion of the adjusted gross income of the tax-          legislation to remedy the problem.
                                           the RECORD, as follows:                                 payer for the taxable year attributable to—
                                                                S. 405                                ‘‘(i) income from the sale or use of prop-                By Mr. SPECTER (for himself
                                             Be it enacted by the Senate and House of Rep-         erty created by the personal efforts of the                    and Mr. CASEY):
                                           resentatives of the United States of America in         taxpayer which is of the same type as the do-            S. 406. A bill to amend title XIX of
                                           Congress assembled,                                     nated property, and                                    the Social Security Act to provide
                                           SECTION 1. SHORT TITLE.                                    ‘‘(ii) income from teaching, lecturing, per-        Medicaid coverage of drugs prescribed
                                             This Act may be cited as the ‘‘Artist-Mu-             forming, or similar activity with respect to
                                                                                                   property described in clause (i).
                                                                                                                                                          for certain research study child partici-
                                           seum Partnership Act’’.                                                                                        pants; to the Committee on Finance.
                                           SEC. 2. CHARITABLE CONTRIBUTIONS OF CER-
                                                                                                      ‘‘(E) PARAGRAPH NOT TO APPLY TO CERTAIN
                                                                                                   CONTRIBUTIONS.—Subparagraph (A) shall not                Mr. SPECTER. Mr. President, I have
                                                      TAIN ITEMS CREATED BY THE TAX-
                                                      PAYER.                                       apply to any charitable contribution of any            sought recognition today to introduce
                                             (a) IN GENERAL.—Subsection (e) of section             letter, memorandum, or similar property                Nino’s Act, to provide for the continu-
                                           170 of the Internal Revenue Code of 1986 (re-           which was written, prepared, or produced by            ance of successful treatment for chil-
                                           lating to certain contributions of ordinary             or for an individual while the individual is           dren who are required to leave Na-
                                           income and capital gain property) is amend-             an officer or employee of any person (includ-          tional Institutes of Health, NIH, re-
                                           ed by adding at the end the following new               ing any government agency or instrumen-                search studies. The NIH provides the
                                           paragraph:                                              tality) unless such letter, memorandum, or
                                                                                                                                                          greatest medical research in the world
                                             ‘‘(8) SPECIAL RULE FOR CERTAIN CONTRIBU-              similar property is entirely personal.
                                                                                                      ‘‘(F) COPYRIGHT TREATED AS SEPARATE                 on innumerable diseases, including
                                           TIONS OF LITERARY, MUSICAL, OR ARTISTIC
                                                                                                   PROPERTY FOR PARTIAL INTEREST RULE.—In                 cancer, Alzheimer’s, Parkinson’s. The
                                           COMPOSITIONS.—
                                             ‘‘(A) IN GENERAL.—In the case of a qualified          the case of a qualified artistic charitable            NIH also conducts excellent research
                                           artistic charitable contribution—                       contribution, the tangible literary, musical,          on diseases that affect children. To
                                             ‘‘(i) the amount of such contribution shall           artistic, or scholarly composition, or similar         conduct that research many brave chil-
                                           be the fair market value of the property con-           property and the copyright on such work                dren must partake in research studies
                                           tributed (determined at the time of such con-           shall be treated as separate properties for            including observational, or natural his-
                                           tribution), and                                         purposes of this paragraph and subsection              tory, studies and clinical trials to test
                                             ‘‘(ii) no reduction in the amount of such             (f)(3).’’.
                                                                                                      (b) EFFECTIVE DATE.—The amendment                   experimental therapies. This participa-
                                           contribution shall be made under paragraph                                                                     tion is critical to understanding dis-
                                           (1).                                                    made by this section shall apply to contribu-
                                                                                                   tions made after the date of the enactment             eases and ultimately finding cures at
                                             ‘‘(B) QUALIFIED ARTISTIC CHARITABLE CON-
                                           TRIBUTION.—For purposes of this paragraph,
                                                                                                   of this Act in taxable years ending after such         the NIH.
                                           the term ‘qualified artistic charitable con-
                                                                                                   date.                                                    To participate in the trials and stud-
                                           tribution’ means a charitable contribution of             Mr. BENNETT. Mr. President, I am                     ies, children and their families often
                                           any literary, musical, artistic, or scholarly           proud to join the Senator from                         make considerable sacrifices. Families
                                           composition, or similar property, or the                Vermont today to introduce the Artist-                 will travel great distances to receive
                                           copyright thereon (or both), but only if—               Museum Partnership Act. He and I                       treatment that may provide relief from
                                             ‘‘(i) such property was created by the per-           have introduced this legislation in the                the child’s illness. In many cases, par-
                                           sonal efforts of the taxpayer making such               past, and we hope that our colleagues                  ents and doctors will have tried many
                                           contribution no less than 18 months prior to                                                                   treatments for the child’s disease
                                           such contribution,
                                                                                                   will see this bill for what it is: a rea-
                                                                                                   sonable solution to an unintentional                   about which little may be known or
                                             ‘‘(ii) the taxpayer—
                                             ‘‘(I) has received a qualified appraisal of           inequity in our Tax Code.                              understood. The NIH studies represent
                                           the fair market value of such property in ac-             This legislation would allow living                  an opportunity for both the medical
                                           cordance with the regulations under this sec-           artists to deduct the fair-market value                community to learn more about the
                                           tion, and                                               of their art work when they contribute                 disease and the child to be studied and
                                             ‘‘(II) attaches to the taxpayer’s income tax          their work to museums or other public                  potentially treated by the best re-
                                           return for the taxable year in which such               institutions. As the Tax Code is cur-                  searchers in the world.
                                           contribution was made a copy of such ap-                rently written, art collectors are able                  When the experimental treatments
                                           praisal,
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                                                                                                   to deduct the fair market value of any                 are successful, it is cause for great
                                             ‘‘(iii) the donee is an organization de-
                                                                                                   piece of art they donate to a museum,                  celebration for the child. The joy, how-
                                           scribed in subsection (b)(1)(A),
                                             ‘‘(iv) the use of such property by the donee          but the artist who created the work is                 ever, can end quickly as the studies
                                           is related to the purpose or function consti-           only able to deduct the material cost,                 come to end but the children who have
                                           tuting the basis for the donee’s exemption              which may be nothing more than a                       been part of them continue to be
                                           under section 501 (or, in the case of a govern-         canvas, a tube of paint, and a wooden                  stricken by these terrible illnesses.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                S2083
                                              Nino’s Act seeks to transition chil-                 was encouraged to seek coverage for                      The COLA affects, among other bene-
                                           dren out of the NIH studies as they end                 his treatments through his private in-                 fits, veterans’ disability compensation
                                           so they don’t experience a gap in their                 surer. Initially, the Todaro’s insurer                 and dependency and indemnity com-
                                           important treatment. This legislation                   would not agree to cover the cost of                   pensation for surviving spouses and
                                           continues the successful treatment ini-                 the experimental drug and only after                   children. Many of the more than 3 mil-
                                           tiated in NIH studies by providing ac-                  an intense lobbying effort by Lori, did                lion recipients of those benefits depend
                                           cess to the same prescription drugs for                 the insurer agree to cover Nino’s pre-                 upon these tax-free payments not only
                                           children who are required to leave NIH                  scriptions.                                            to provide for their own basic needs,
                                           clinical studies due to the studies end-                  Nino’s story is a successful one, but                but those of their spouses and children
                                           ing, researcher leaving, or other rea-                  also serves to highlight the issue that                as well. Without an annual COLA in-
                                           son. Often drugs that are used success-                 children and their families are facing                 crease, these veterans and their fami-
                                           fully in these studies have not yet been                as they transition out of NIH studies.                 lies would see the value of their hard-
                                           approved by the Food and Drug Admin-                    For many, NIH trials are a source of                   earned benefits slowly diminish, and
                                           istration or have not been approved for                 hope for relief from the worst diseases                we, as a Congress, would be neglecting
                                           treatment of the child’s specific dis-                  known to man. The excellent doctors                    our duty to ensure that those who sac-
                                           ease. As such, it is nearly impossible                  and research teams at NIH make in-                     rificed so much for this country receive
                                           for children to get access or insurance                 valuable contributions to our under-                   the benefits and services to which they
                                           coverage for these drugs. This bill                     standing of complex and debilitating                   are entitled.
                                           makes that access possible by requir-                   diseases. This legislation seeks to am-                  It is important that we view vet-
                                           ing Medicaid to cover the cost of treat-                plify the NIH’s contributions by allow-                erans’ compensation, including the an-
                                           ment in the event that the children’s                   ing America’s sickest children to con-                 nual COLA, and indeed all benefits
                                           health insurance does not.                              tinue their successful treatment under                 earned by veterans, as a continuing
                                              On occasion, insurers will cover the                 Medicaid coverage. I encourage my col-                 cost of war. It is clear that the ongoing
                                           cost of the treatment for these children                leagues to work with Senator CASEY                     conflicts in Iraq and Afghanistan will
                                           if they have adequate insurance and                     and me to move this legislation for-                   continue to result in injuries and dis-
                                           the FDA has approved the drug for off-                  ward promptly.                                         abilities that will yield an increase in
                                           label uses. More often than not, how-                                                                          claims for compensation. Currently,
                                           ever, children do not have health insur-                       By Mr. AKAKA (for himself, Mr.                  there are nearly 3 million veterans in
                                           ance, or have insufficient insurance to                          BURR, Mr. ROCKEFELLER, Mrs.                   receipt of VA disability compensation.
                                           obtain these drugs. As a result, chil-                           MURRAY, Mr. SANDERS, Mr.                        Disbursement of disability compensa-
                                           dren suffer their diseases without relief                        BROWN, Mr. WEBB, Mr. TESTER,                  tion to our nation’s veterans con-
                                           from the treatment as established in                             Mr. BEGICH, Mr. BURRIS, Mr.                   stitutes one of the central missions of
                                           the clinical NIH studies. To ensure                              SPECTER, Mr. ISAKSON, Mr.                     the Department of Veterans Affairs. It
                                           that these children have access to suc-                          WICKER, Mr. JOHANNS, and Mr.                  is a necessary measure of appreciation
                                           cessful care post-study, Nino’s Act re-                          GRAHAM):                                      afforded to those veterans whose lives
                                           quires Medicaid to cover the cost of                      S. 407. A bill to increase, effective as             were forever altered by their service to
                                           treatment for these children. While                     of December 1, 2009, the rates of com-                 this country.
                                           Medicaid access is traditionally based                  pensation for veterans with service-                     I urge our colleagues to support pas-
                                           on income, due to the importance of                     connected disabilities and the rates of                sage of this COLA increase. I also ask
                                           these drugs to the child’s well-being                   dependency and indemnity compensa-                     our colleagues for their continued sup-
                                           the income component will be waived.                    tion for the survivors of certain dis-                 port for our nation’s veterans.
                                           To ensure Medicaid is not unneces-                      abled veterans, and for other purposes;                  Mr. BURR. Mr. President, I rise
                                           sarily covering medication, Nino’s Act                  to the Committee on Veterans’ Affairs.                 today to talk about the Veterans’ Com-
                                           requires the physicians participating in                  Mr. AKAKA. Mr. President, today, as                  pensation Cost-of-Living Adjustment
                                           the research to certify the treatment                   Chairman of the Senate Committee on                    Act of 2009. As the Ranking Member of
                                           as successful and essential.                            Veterans’ Affairs, I introduce the Vet-                the Senate Committee on Veterans’ Af-
                                              This important issue was introduced                  erans’ Compensation Cost-of-Living                     fairs, I am pleased to join the Chair-
                                           to me by Lori Todaro of Newville, PA.                   Adjustment Act of 2009. This measure                   man of the Committee, Senator AKAKA,
                                           Lori’s son Nino suffers from Undif-                     would direct the Secretary of Veterans                 and all of the Committee’s members in
                                           ferentiated Auto-Inflammatory Peri-                     Affairs to increase, effective December                introducing this important bill.
                                           odic Fever Syndrome. This disease                       1, 2009, the rates of veterans’ compensa-                As part of its mission to ‘‘care for
                                           takes a devastating toll on those who                   tion to keep pace with the rising cost-                him who shall have borne the battle,
                                           suffer from it. The auto-inflammatory                   of-living in this country. The rate ad-                and for his widow, and his orphan,’’ the
                                           disease can cause joint inflammation                    justment is equal to that provided on                  Department of Veterans Affairs, VA,
                                           arthritis, Crohns, colitis, irritable                   an annual basis to Social Security re-                 provides a range of benefits to veterans
                                           bowel syndrome, and cyclical high fe-                   cipients and is based on the Consumer                  and their families. These benefits in-
                                           vers. Treatment for Periodic Fever                      Price Index.                                           clude disability compensation for vet-
                                           Syndrome is experimental at best; Lori                    All of my colleagues on the Com-                     erans who suffer from disabilities in-
                                           and Nino have visited a number of doc-                  mittee on Veterans’ Affairs, including                 curred in or aggravated by their mili-
                                           tors and tried many medications in an                   Senators BURR, ROCKEFELLER, MURRAY,                    tary service and dependency and in-
                                           effort to control the disease.                          SANDERS,      BROWN,     WEBB,    TESTER,              demnity compensation for the spouses
                                              In 2003, Nino was fortunate to be se-                BEGICH, BURRIS, SPECTER, ISAKSON,                      or children of disabled or deceased vet-
                                           lected to take part in an observational                 WICKER, JOHANNS, and GRAHAM join me                    erans. Although we can never fully
                                           study at NIH in Bethesda, Maryland for                  in introducing this important legisla-                 repay them for their service or sac-
                                           Undifferentiated     Auto-Inflammatory                  tion. I appreciate their continued sup-                rifices, these payments may help ease
                                           Periodic Fever Syndrome. During the                     port of our nation’s veterans.                         their financial burdens and improve
                                           course of the study, Nino was given a                     Congress regularly enacts an annual                  the quality of their lives.
                                           new medication and his condition                        cost-of-living adjustment for veterans’                  The bill we are introducing today
                                           greatly improved. Before he partici-                    compensation in order to ensure that                   will ensure that more than 3 million
                                           pated in the study he was being fitted                  inflation does not erode the purchasing                veterans and their family members—
                                           for wheelchairs and was home schooled                   power of the veterans and their fami-                  including more than 130,000 in my
                                           because his symptoms were so disrup-                    lies who depend upon this income to                    home state of North Carolina—will re-
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                                           tive and unpredictable. The NIH treat-                  meet their daily needs. This past year                 ceive a cost-of-living increase in their
                                           ment allowed him to resume a normal                     Congress passed, and the President                     VA benefits this year. These annual in-
                                           life and enabled him to attend school                   signed into law, Public Law 110–324,                   creases help ensure that the value of
                                           and play soccer. While Nino’s treat-                    which resulted in a COLA increase of                   the benefits provided by a grateful na-
                                           ment was successful he could not re-                    5.8 percent for 2009. The 2010 COLA has                tion will not decline over time as a re-
                                           main part of the study indefinitely and                 not yet been determined.                               sult of inflation.



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                                           S2084                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                             Last year, I was proud to support the                 nation and expansion of services for                   ecdotal experience when treating ill or in-
                                           enactment of the Veterans’ Compensa-                    victims of life-threatening illnesses                  jured children.
                                           tion Cost-of-Living Adjustment Act of                   and injuries will be available through-                   (11) The Institute of Medicine stated in its
                                                                                                                                                          2006 report, ‘‘Emergency Care for Children:
                                           2008, which resulted in a 5.8 percent in-               out the United States.
                                                                                                                                                          Growing Pains’’, that the EMSC Program
                                           crease in VA benefits. Under this bill,                   I look forward to reauthorization of                 ‘‘boasts many accomplishments . . . and the
                                           the amount of the increase for 2009                     this important legislation and the con-                work of the program continues to be rel-
                                           would be the same as that provided to                   tinued advances in our emergency                       evant and vital’’.
                                           Social Security recipients, which will                  healthcare delivery system.                               (12) The EMSC Program is celebrating its
                                           be announced later this year.                             Mr. President, I ask unanimous con-                  25th anniversary, marking a quarter-century
                                                                                                   sent that the text of the bill be printed              of driving key improvements in emergency
                                                 By Mr. INOUYE (for himself, Mr.                   in the Record.                                         medical services to children, and should con-
                                                   HATCH,    Mr.   KENNEDY,     Mr.                  There being no objection, the text of                tinue its mission to reduce child and youth
                                                   CONRAD, Mr. DORGAN, and Mr.                     the bill was ordered to be placed in the               morbidity and mortality by supporting im-
                                                                                                                                                          provements in the quality of all emergency
                                                   AKAKA):                                         Record, as follows:                                    medical and emergency surgical care chil-
                                             S. 408. A bill to amend the Public                                         S. 408                            dren receive.
                                           Health Service Act to provide a means                     Be it enacted by the Senate and House of Rep-           (b) PURPOSE.—It is the purpose of this Act
                                           for continued improvement in emer-                      resentatives of the United States of America in        to reduce child and youth morbidity and
                                           gency medical services for children; to                 Congress assembled,                                    mortality by supporting improvements in
                                           the committee on Health, Education,                     SECTION 1. SHORT TITLE.                                the quality of all emergency medical care
                                           Labor, and Pensions.                                     This Act may be cited as the ‘‘Wakefield              children receive.
                                                                                                   Act’’.                                                 SEC. 3. REAUTHORIZATION OF EMERGENCY MED-
                                             Mr. INOUYE. Mr. President. Today,                                                                                        ICAL SERVICES FOR CHILDREN PRO-
                                           along with my colleagues, Senators                      SEC. 2. FINDINGS AND PURPOSE.
                                                                                                                                                                      GRAM.
                                           HATCH, KENNEDY, CONRAD, DORGAN, and                       (a) FINDINGS.—Congress makes         the fol-          Section 1910 of the Public Health Service
                                           AKAKA, I introduce The Wakefield Act,                   lowing findings:                                       Act (42 U.S.C. 300w–9) is amended—
                                                                                                     (1) There are 31,000,000 child and adolescent          (1) in subsection (a), by striking ‘‘3-year
                                           also known as the Emergency Medical                     visits to the Nation’s emergency depart-
                                           Services for Children Act of 2009. Since                                                                       period (with an optional 4th year’’ and in-
                                                                                                   ments every year.                                      serting ‘‘4-year period (with an optional 5th
                                           Senator HATCH and I worked toward                         (2) Over 90 percent of children requiring            year’’; and
                                           authorization of EMSC in 1984, this                     emergency care are seen in general hos-                  (2) in subsection (d)—
                                           program has become the impetus for                      pitals, not in free-standing children’s hos-             (A) by striking ‘‘and such sums’’ and in-
                                           improving children’s emergency serv-                    pitals, with one-quarter to one-third of the           serting ‘‘such sums’’; and
                                           ices nationwide. From specialized                       patients being children in the typical gen-              (B) by inserting before the period the fol-
                                           training for emergency care providers                   eral hospital emergency department.                    lowing: ‘‘, $25,000,000 for fiscal year 2010,
                                                                                                     (3) Severe asthma and respiratory distress           $26,250,000 for fiscal year 2011, $27,562,500 for
                                           to ensuring ambulances and emergency                    are the most common emergencies for pedi-
                                           departments have state-of-the-art pedi-                                                                        fiscal year 2012, $28,940,625 for fiscal year
                                                                                                   atric patients, representing nearly one-third          2013, and $30,387,656 for fiscal year 2014’’.
                                           atric sized equipment, EMSC has                         of all hospitalizations among children under
                                           served as the vehicle for improving sur-                the age of 15 years, while seizures, shock,                             f
                                           vival of our smallest and most vulner-                  and airway obstruction are the other com-                 AMENDMENTS SUBMITTED AND
                                           able citizens when accidents or medical                 mon pediatric emergencies, followed by car-                      PROPOSED
                                           emergencies threatened their lives.                     diac arrest and severe trauma.
                                                                                                     (4) Up to 20 percent of children needing               SA 572. Mr. BAUCUS submitted an amend-
                                             It remains no secret that children                                                                           ment intended to be proposed to amendment
                                                                                                   emergency care have underlying medical
                                           present unique anatomic, physiologic,                                                                          SA 570 proposed by Mr. REID (for Ms. COLLINS
                                                                                                   conditions such as asthma, diabetes, sickle-
                                           emotional and developmental chal-                       cell disease, low birth weight, and broncho-           (for herself and Mr. NELSON of Nebraska)) to
                                           lenges to our primarily adult-oriented                  pulmonary dysplasia.                                   the bill H.R. 1, making supplemental appro-
                                           emergency medical system. As has                          (5) Significant gaps remain in emergency             priations for job preservation and creation,
                                           been said many times before, children                                                                          infrastructure investment, energy efficiency
                                                                                                   medical care delivered to children. Only
                                                                                                                                                          and science, assistance to the unemployed,
                                           are not little adults. Evaluation and                   about 6 percent of hospitals have available
                                                                                                                                                          and State and local fiscal stabilization, for
                                           treatment must take into account                        all the pediatric supplies deemed essential
                                                                                                                                                          fiscal year ending September 30, 2009, and for
                                           their special needs, or we risk letting                 by the American Academy of Pediatrics and
                                                                                                                                                          other purposes; which was ordered to lie on
                                                                                                   the American College of Emergency Physi-
                                           them fall through the gap between                                                                              the table.
                                                                                                   cians for managing pediatric emergencies,
                                           adult and pediatric care. The EMSC                      while about half of hospitals have at least 85                         f
                                           has bridged that gap while fostering                    percent of those supplies.                                    TEXT OF AMENDMENTS
                                           collaborative    relationships   among                    (6) Providers must be educated and trained
                                           emergency medical technicians, para-                    to manage children’s unique physical and                 SA 572. Mr. BAUCUS submitted an
                                           medics, nurses, emergency physicians,                   psychological needs in emergency situations,           amendment intended to be proposed to
                                           surgeons, and pediatricians.                            and emergency systems must be equipped                 amendment SA 570 proposed by Mr.
                                             The Institute of Medicine’s recently                  with the resources needed to care for this es-         REID (for Ms. COLLINS (for herself and
                                           released study on Emergency Care for                    pecially vulnerable population.                        Mr. NELSON of Nebraska)) to the bill
                                                                                                     (7) Systems of care must be continually              H.R. 1, making supplemental appro-
                                           Children indicated that our Nation is                   maintained, updated, and improved to ensure
                                           not as well prepared as once we                                                                                priations for job preservation and cre-
                                                                                                   that research is translated into practice,             ation, infrastructure investment, en-
                                           thought. Only 6 percent of all emer-                    best practices are adopted, training is cur-
                                           gency departments have the essential                                                                           ergy efficiency and science, assistance
                                                                                                   rent, and standards and protocols are appro-
                                           pediatric supplies and equipment nec-                   priate.                                                to the unemployed, and State and local
                                                                                                     (8) The Emergency Medical Services for               fiscal stabilization, for fiscal year end-
                                           essary to manage pediatric emer-
                                                                                                   Children (EMSC) Program under section 1910             ing September 30, 2009, and for other
                                           gencies. Many of the providers of emer-
                                                                                                   of the Public Health Service Act (42 U.S.C.            purposes; which was ordered to lie on
                                           gency care have received fragmented
                                                                                                   300w–9) is the only Federal program that fo-           the table; as follows:
                                           and limited training in the skills nec-                 cuses specifically on improving the pediatric            Beginning on page 421, line 16, strike all
                                           essary to resuscitate this specialized                  components of emergency medical care.                  through page 422, line 13, and insert the fol-
                                           population. Even our disaster prepared-                   (9) The EMSC Program promotes the na-                lowing:
                                           ness plans have not fully addressed the                 tionwide exchange of pediatric emergency                 ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For
                                           unique needs posed by children injured                  medical care knowledge and collaboration by            purposes of this section—
                                           in such events.                                         those with an interest in such care and is de-           ‘‘(1) ELIGIBLE INDIVIDUAL.—
                                             EMSC remains the only federal pro-                    pended upon by Federal agencies and na-                  ‘‘(A) IN GENERAL.—The term ‘eligible indi-
                                                                                                   tional organizations to ensure that this ex-           vidual’ means any individual other than—
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                                           gram dedicated to examining the best
                                                                                                   change of knowledge and collaboration takes              ‘‘(i) any nonresident alien individual,
                                           ways to deliver various forms of care to
                                                                                                   place.                                                   ‘‘(ii) any individual with respect to whom a
                                           children in emergency settings. Reau-                     (10) The EMSC Program also supports a                deduction under section 151 is allowable to
                                           thorization of EMSC will ensure that                    multi-institutional network for research in            another taxpayer for a taxable year begin-
                                           children’s needs will be given the due                  pediatric emergency medicine, thus allowing            ning in the calendar year in which the indi-
                                           attention they deserve and that coordi-                 providers to rely on evidence rather than an-          vidual’s taxable year begins, and




                                     VerDate Nov 24 2008   01:11 Feb 11, 2009   Jkt 079060   PO 00000   Frm 00048   Fmt 0624   Sfmt 0634   E:\CR\FM\A10FE6.044   S10FEPT1
                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2085
                                              ‘‘(iii) an estate or trust.                            (b) EFFECTS OF APPLICATION OF SECTION.—                (2) CONDITIONS.—An election under this
                                              ‘‘(B) IDENTIFICATION REQUIREMENT.—                     (1) IN GENERAL.—If a small business cor-             section shall not be effective unless the ap-
                                              ‘‘(i) IN GENERAL.—Except as provided in              poration elects to have this section apply,            plicable small business corporation and all
                                           clause (ii), such term shall not include any            the corporation and each person who has                persons who are, or who have been, share-
                                           individual unless the requirements of section           been a shareholder of such corporation dur-            holders of such corporation during the S cor-
                                           32(c)(1)(E) are met with respect to such indi-          ing the S corporation period—                          poration period consent to—
                                           vidual.                                                   (A) shall recompute their liability for tax            (A) such election,
                                              ‘‘(ii) SPECIAL RULES FOR MARRIED INDIVID-            imposed by chapter 1 of the Internal Revenue             (B) the extension of the period of limita-
                                           UALS.—In the case of—                                   Code of 1986 for each taxable year in the S            tions for assessment and collection under
                                              ‘‘(I) a married individual (within the mean-         corporation period as if the corporation had           subsection (c)(1)(A), and
                                           ing of section 7703) filing a separate return,          been a C corporation, and                                (C) the application of rules relating to net
                                           the requirements of clause (i) with respect to            (B) shall make such adjustments (con-                operating loss carryovers under subsection
                                           such return shall not apply to the individ-             sistent with the treatment of the corpora-             (c)(1)(B).
                                           ual’s spouse, and                                       tion as a C corporation) to basis, carryovers            (e) DEFINITIONS AND SPECIAL RULES.—For
                                              ‘‘(II) clause (i) shall not apply to a joint re-     of credits and losses, and any other item as           purposes of this section—
                                           turn where at least 1 spouse was a member of            may be required by the Secretary with re-                (1) APPLICABLE SMALL BUSINESS CORPORA-
                                           the Armed Forces of the United States at                spect to such period.                                  TION.—The term ‘‘applicable small business
                                           any time during the taxable year.                         (2) RESTRICTION ON FUTURE S CORPORATION              corporation’’ means any small business cor-
                                              ‘‘(2) EARNED INCOME.—The term ‘earned in-            ELECTIONS.—For purposes of section 1362(g) of          poration which—
                                           come’ has the meaning given such term by                such Code, the taxable year in which the                 (A) elected to be an S corporation under
                                           section 32(c)(2), except that such term shall           election under this section is made shall be           section 1362 of the Internal Revenue Code of
                                           not include net earnings from self-employ-              treated as the taxable year for which the ter-         1986 at any time during the 5-year period
                                           ment which are not taken into account in                mination of S corporation status is effective.         ending on the date of the enactment of this
                                           computing taxable income. For purposes of                 (3) CERTAIN ADJUSTMENTS NOT REVERSED.—               Act, and
                                           the preceding sentence, any amount excluded             If an applicable small business company was              (B) had no more than 2 shareholders (deter-
                                           from gross income by reason of section 112              a C corporation for any taxable year before            mined without regard to any aggregation
                                           shall be treated as earned income which is              it became an S corporation, subsection (a)(2)          rules under section 1361(c) of such Code) at
                                           taken into account in computing taxable in-             shall not apply to abate any tax imposed (or           all times during such period during which
                                           come for the taxable year.                              reverse any other adjustment made) solely              the corporation was an S corporation,
                                              ‘‘(3) SPECIAL RULE FOR CERTAIN ELIGIBLE IN-          by reason of the conversion of the corpora-              (2) S CORPORATION PERIOD.—The term ‘‘S
                                           DIVIDUALS.—In the case of any taxable year              tion from C corporation status to S corpora-           corporation period’’ means, with respect to
                                           beginning in 2009, if an eligible individual re-        tion status.                                           any applicable small business corporation,
                                                                                                     (c) RULES RELATING TO RECOMPUTED TAX
                                           ceives any amount as a pension or annuity                                                                      the period of taxable years for which the
                                                                                                   LIABILITY.—
                                           for service performed in the employ of the                                                                     election under section 1362 of such Code to be
                                                                                                     (1) WAIVER OF LIMITATIONS.—
                                           United States or any State, or any instru-                                                                     an S corporation was in effect before the ap-
                                                                                                     (A) IN GENERAL.—Notwithstanding the op-
                                           mentality thereof, which is not considered                                                                     plication of this section.
                                                                                                   eration of any law or rule of law (including
                                           employment for purposes of chapter 21, the                                                                       (3) OTHER DEFINITIONS.—The terms ‘‘S cor-
                                                                                                   res judicata), the period of limitations for
                                           amount of the credit allowed under sub-                                                                        poration’’ and ‘‘C corporation’’ shall have
                                                                                                   assessment or collection, or credit or refund,
                                           section (a) (determined without regard to                                                                      the same meaning as when used in such
                                                                                                   of any tax imposed on any taxpayer by chap-
                                           subsection (c)) with respect to such eligible                                                                  Code.
                                                                                                   ter 1 of the Internal Revenue Code of 1986 (in-
                                           individual shall be equal to the greater of—            cluding any interest or penalty) for any tax-          SEC. 1213. EXCEPTION FOR TARP RECIPIENTS.
                                              ‘‘(A) the amount of the credit determined            able year in the S corporation period for                The provisions of , and amendments made
                                           without regard to this paragraph or sub-                which a recomputation of tax liability is re-          by, this part shall not apply to—
                                           section (c), or                                         quired under subsection (b)(1) shall not ex-             On page 493, beginning with line 13, strike
                                              ‘‘(B) $300 ($600 in the case of a joint return       pire before the close of the 3-year period be-         all through page 495, line 11, and insert the
                                           where both spouses are eligible individuals             ginning on the date the election is made               following:
                                           described in this paragraph).                           under this section.                                       PART IV—RULES RELATING TO DEBT
                                           If the amount of the credit is determined                 (B) NET OPERATING LOSSES.—Notwith-                                   INSTRUMENTS
                                           under subparagraph (B) with respect to any              standing subparagraph (A), solely for pur-             SEC. 1231. DEFERRAL AND RATABLE INCLUSION
                                           eligible individual, the modified adjusted              poses of determining the taxable years from                        OF INCOME ARISING FROM INDEBT-
                                           gross income limitation under subsection (b)            and to which any net operating loss arising                        EDNESS DISCHARGED BY THE REAC-
                                           shall not apply to such credit.                         in a taxable year in the S corporation period                      QUISITION OF A DEBT INSTRUMENT.
                                              On page 484, strike line 3 and insert the fol-       may be carried, section 6511(d)(2) of such               (a) IN GENERAL.—Section 108 (relating to
                                           lowing:                                                 Code shall be applied without regard to any            income from discharge of indebtedness) is
                                              (c) SPECIAL RULE FOR CERTAIN TREES AND               extensions, including any extensions under             amended by adding at the end the following
                                           VINES.—Section 168(k) is amended by adding              section 6511(c) of such Code.                          new subsection:
                                           at the end the following new paragraph:                   (2) UNDERPAYMENT OF TAX.—If, for 1 or                  ‘‘(i) DEFERRAL AND RATABLE INCLUSION OF
                                              ‘‘(5) SPECIAL RULE FOR CERTAIN TREES AND             more taxable years in the S corporation pe-            INCOME ARISING FROM INDEBTEDNESS DIS-
                                           VINES.—For purposes of this subsection, in              riod—                                                  CHARGED BY THE REACQUISITION OF A DEBT IN-
                                           the case of any qualified property which is a             (A) the tax determined under chapter 1 of            STRUMENT.—
                                           tree or vine producing fruit, nuts, or other            such Code for such taxable year with respect             ‘‘(1) IN GENERAL.—At the election of the
                                           crops, such property shall be treated as                to any taxpayer, determined after applica-             taxpayer, income from the discharge of in-
                                           placed in service in the year in which it is            tion of this section, exceeds                          debtedness in connection with the reacquisi-
                                           planted.’’.                                               (B) the tax determined under chapter 1 of            tion of a debt instrument after December 31,
                                              (d) EFFECTIVE DATES.—                                such Code for such taxable year with respect           2008, and before January 1, 2011, shall be in-
                                              On page 485, line 21, strike ‘‘(II)’’ and insert     to the taxpayer, determined without regard             cludible in gross income ratably over the 5-
                                           ‘‘(I)’’.                                                to this section,
                                              On page 490, line 4, strike ‘‘172(k)’’ and in-                                                              taxable-year period beginning with—
                                           sert ‘‘172(b)(1)(H)’’.                                  the taxpayer shall include with the election             ‘‘(A) in the case of a reacquisition occur-
                                              On page 490, strike lines 15 through 17, and         to have this section apply payment of such             ring in 2009, the fifth taxable year following
                                           insert the following:                                   amount, together with interest on such                 the taxable year in which the reacquisition
                                           SEC. 1212. ELECTION TO RETROACTIVELY RE-                amount (determined using the underpayment              occurs, and
                                                      VOKE S CORPORATION STATUS.                   rate under section 6621 of such Code for the             ‘‘(B) in the case of a reacquisition occur-
                                             (a) IN GENERAL.—If an applicable small                period beginning on the due date (without re-          ring in 2010, the fourth taxable year fol-
                                           business corporation elects under this sec-             gard to extensions) for filing the return of           lowing the taxable year in which the reac-
                                           tion to revoke its election under section 1362          such tax imposed for such taxable year and             quisition occurs.
                                           of the Internal Revenue Code of 1986 to be an           ending on the date of the election).                     ‘‘(2) DEFERRAL OF DEDUCTION FOR ORIGINAL
                                           S corporation, then, notwithstanding section              (d) ELECTION.—                                       ISSUE DISCOUNT IN DEBT FOR DEBT EX-
                                           1362(d)(1)(C) of such Code and subject to the             (1) IN GENERAL.—An election under this               CHANGES.—
                                           provisions of this section—                             section to revoke an applicable small busi-              ‘‘(A) IN GENERAL.—If, as part of a reacquisi-
                                             (1) such revocation shall be effective as of          ness corporation election under section 1362           tion to which paragraph (1) applies, any debt
                                           the first day of the first taxable year for             of the Internal Revenue Code of 1986—                  instrument is issued for the debt instrument
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                                           which such corporation was treated as an S                (A) may only be made during the period be-           being reacquired (or is treated as so issued
                                           corporation, and                                        ginning on the date of the enactment of this           under subsection (e)(4) and the regulations
                                             (2) such Code shall be applied and adminis-           Act and ending on December 31, 2009, and               thereunder) and there is any original issue
                                           tered for all taxable years in the S corpora-             (B) shall be made in such manner as the              discount determined under subpart A of part
                                           tion period as if such corporation had not              Secretary of the Treasury or the Secretary’s           V of subchapter P of this chapter with re-
                                           been an S corporation.                                  delegate prescribes.                                   spect to the debt instrument so issued—




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                                           S2086                                             CONGRESSIONAL RECORD — SENATE                                                     February 10, 2009
                                             ‘‘(i) except as provided in clause (ii), no de-          ‘‘(ii) PASS THROUGH ENTITIES.—In the case           SEC. 1233. MODIFICATION OF RULES RELATING
                                           duction otherwise allowable under this chap-            of a partnership, S corporation, or other pass                     TO CANCELLATION OF QUALIFIED
                                                                                                                                                                      PRINCIPAL RESIDENCE INDEBTED-
                                           ter shall be allowed to the issuer of such debt         through entity, the election under this sub-
                                                                                                                                                                      NESS.
                                           instrument with respect to the portion of               section shall be made by the partnership, the
                                                                                                                                                            (a) INCLUSION OF ALL MORTGAGE INDEBTED-
                                           such original issue discount which—                     S corporation, or other entity involved.
                                                                                                                                                          NESS.—Paragraph (2) of section 108(h) is
                                             ‘‘(I) accrues before the 1st taxable year in             ‘‘(C) COORDINATION WITH OTHER EXCLU-
                                                                                                   SIONS.—If a taxpayer elects to have this sub-
                                                                                                                                                          amended by inserting ‘‘and home equity in-
                                           the 5-taxable-year period in which income
                                                                                                   section apply to a debt instrument, subpara-           debtedness (within the meaning of section
                                           from the discharge of indebtedness attrib-
                                                                                                   graphs (A), (B), (C), (D), and (E) of subsection       163(h)(3)(C), applied by inserting ‘as of the
                                           utable to the reacquisition of the debt in-
                                                                                                   (a)(1) shall not apply to the income from the          date such indebtedness was secured by such
                                           strument is includible under paragraph (1),
                                                                                                   discharge of such indebtedness for the tax-            residence’ after ‘qualified residence’ in
                                           and
                                                                                                   able year of the election or any subsequent            clause (i)(I) thereof and by substituting
                                             ‘‘(II) does not exceed the income from the                                                                   ‘$250,000 ($125,000’ for ‘$100,000 ($50,000’ in
                                           discharge of indebtedness with respect to the           taxable year.
                                                                                                      ‘‘(D) ACCELERATION OF DEFERRED ITEMS.—In            clause (ii) thereof)’’ before ‘‘with respect to
                                           debt instrument being reacquired, and                                                                          the principal residence of the taxpayer’’.
                                             ‘‘(ii) the aggregate amount of deductions             the case of the death of the taxpayer, the liq-
                                                                                                                                                            (b) SIMPLIFICATION OF RULES RELATING TO
                                           disallowed under clause (i) shall be allowed            uidation or sale of substantially all the as-
                                                                                                                                                          CERTAIN DISCHARGES.—Paragraph (3) of sec-
                                           as a deduction ratably over the 5-taxable-              sets of the taxpayer (including in a title 11 or
                                                                                                                                                          tion 108(h) is amended—
                                           year period described in clause (i)(I).                 similar case), the cessation of business by
                                                                                                                                                            (1) by striking ‘‘or any other factor’’ and
                                                                                                   the taxpayer, or similar circumstances, any
                                           If the amount of the original issue discount                                                                   all that follows and inserting ‘‘or is in any
                                                                                                   item of income or deduction which is de-
                                           accruing before such 1st taxable year exceeds                                                                  other way compensation or in lieu of com-
                                                                                                   ferred under this subsection (and has not
                                           the income from the discharge of indebted-                                                                     pensation.’’, and
                                                                                                   previously been taken into account) shall be
                                           ness with respect to the debt instrument                                                                         (2) by striking ‘‘NOT RELATED TO TAX-
                                                                                                   taken into account in the taxable year in
                                           being reacquired, the deductions shall be dis-                                                                 PAYER’S FINANCIAL CONDITION’’ in the head-
                                                                                                   which such event occurs (or in the case of a
                                           allowed in the order in which the original                                                                     ing.
                                                                                                   title 11 case, the day before the petition is            (c) EFFECTIVE DATE.—The amendments
                                           issue discount is accrued.
                                                                                                   filed).                                                made by this section shall apply to dis-
                                             ‘‘(B) DEEMED DEBT FOR DEBT EXCHANGES.—
                                                                                                      ‘‘(6) AUTHORITY TO PRESCRIBE REGULA-                charges of indebtedness made on or after
                                           For purposes of subparagraph (A), if any debt           TIONS.—The Secretary may prescribe such
                                           instrument is issued by an issuer and the                                                                      January 1, 2009.
                                                                                                   rules and regulations as may be necessary or             On page 521, between lines 4 and 5, insert
                                           proceeds of such debt instrument are used di-           appropriate for purposes of applying this
                                           rectly or indirectly by the issuer to reac-                                                                    the following:
                                                                                                   subsection.’’.
                                           quire a debt instrument of the issuer, the                 (b) EFFECTIVE DATE.—The amendments                  PART X—TREATMENT OF LIMITATIONS ON
                                           debt instrument so issued shall be treated as           made by this section shall apply to dis-                 LOSSES AFTER CERTAIN OWNERSHIP
                                           issued for the debt instrument being reac-              charges in taxable years ending after Decem-             CHANGES
                                           quired. If only a portion of the proceeds from          ber 31, 2008.                                          SEC. 1291. TREATMENT OF CERTAIN OWNERSHIP
                                           a debt instrument are so used, the rules of             SEC. 1232. MODIFICATIONS OF RULES FOR ORIGI-                       CHANGES FOR PURPOSES OF LIMI-
                                           subparagraph (A) shall apply to the portion                         NAL ISSUE DISCOUNT ON CERTAIN                          TATIONS ON NET OPERATING LOSS
                                           of any original issue discount on the newly                         HIGH YIELD OBLIGATIONS.                                CARRYFORWARDS    AND   CERTAIN
                                                                                                     (a) SUSPENSION OF SPECIAL RULES.—Section                         BUILT-IN LOSSES.
                                           issued debt instrument which is equal to the
                                           portion of the proceeds from such instru-               163(e)(5) (relating to special rules for original        (a) IN GENERAL.—Section 382 is amended by
                                           ment used to reacquire the outstanding in-              issue discount on certain high yield obliga-           adding at the end the following new sub-
                                           strument.                                               tions) is amended by redesignating subpara-            section:
                                                                                                   graph (F) as subparagraph (G) and by insert-             ‘‘(n) SPECIAL RULE FOR CERTAIN OWNERSHIP
                                             ‘‘(3) DEBT INSTRUMENT.—For purposes of
                                                                                                   ing after subparagraph (E) the following new           CHANGES.—
                                           this subsection, the term ‘debt instrument’
                                                                                                   subparagraph:                                            ‘‘(1) IN GENERAL.—The limitation contained
                                           means a bond, debenture, note, certificate,
                                                                                                     ‘‘(F) SUSPENSION OF APPLICATION OF PARA-             in subsection (a) shall not apply in the case
                                           or any other instrument or contractual ar-
                                                                                                   GRAPH.—                                                of an ownership change which—
                                           rangement constituting indebtedness (within
                                                                                                     ‘‘(i) TEMPORARY SUSPENSION.—                           ‘‘(A) is pursuant to a restructuring plan of
                                           the meaning of section 1275(a)(1)).
                                                                                                     ‘‘(I) IN GENERAL.—This paragraph shall not           a taxpayer required under a loan agreement
                                             ‘‘(4) REACQUISITION.—For purposes of this
                                                                                                   apply to any applicable high yield discount            or a commitment for a line of credit entered
                                           subsection—
                                                                                                   obligation issued after August 31, 2008, and           into with the Department of the Treasury
                                             ‘‘(A) IN GENERAL.—The term ‘reacquisition’
                                                                                                   before January 1, 2010. The preceding sen-             under the Emergency Economic Stabiliza-
                                           means, with respect to any debt instrument,                                                                    tion Act of 2008, and
                                           any acquisition of the debt instrument by—              tence shall not apply to any obligation the
                                                                                                   interest on which is interest described in sec-          ‘‘(B) is intended to result in a rationaliza-
                                             ‘‘(i) the debtor which issued (or is other-                                                                  tion of the costs, capitalization, and capac-
                                           wise the obligor under) the debt instrument,            tion 871(h)(4) (without regard to subpara-
                                                                                                   graph (D) thereof) or to any obligation issued         ity with respect to the manufacturing work-
                                           or                                                                                                             force of, and suppliers to, the taxpayer and
                                                                                                   to a related person (within the meaning of
                                             ‘‘(ii) any person related to such debtor.                                                                    its subsidiaries.
                                                                                                   section 108(e)(4)).
                                           Such term shall also include the complete                 ‘‘(ii) SECRETARIAL AUTHORITY TO SUSPEND                ‘‘(2) SUBSEQUENT ACQUISITIONS.—Paragraph
                                           forgiveness of the indebtedness by the holder           APPLICATION.—The Secretary may suspend                 (1) shall not apply in the case of any subse-
                                           of the debt instrument.                                 the application of this paragraph with re-             quent ownership change unless such owner-
                                             ‘‘(B) ACQUISITION.—The term ‘acquisition’             spect to debt instruments issued after De-             ship change is described in such paragraph.
                                           shall, with respect to any debt instrument,             cember 31, 2009, if the Secretary determines             ‘‘(3) LIMITATION BASED ON CONTROL IN COR-
                                           include an acquisition of the debt instru-              that such suspension is appropriate in light           PORATION.—
                                           ment for cash, the exchange of the debt in-             of distressed conditions in the debt capital             ‘‘(A) IN GENERAL.—Paragraph (1) shall not
                                           strument for another debt instrument (in-               markets.’’.                                            apply in the case of any ownership change if,
                                           cluding an exchange resulting from a modi-                (b) INTEREST RATE USED IN DETERMINING                immediately after such ownership change,
                                           fication of the debt instrument), the ex-               HIGH YIELD OBLIGATIONS.—The last sentence              any person owns stock of the old loss cor-
                                           change of the debt instrument for corporate             of section 163(i)(1) is amended—                       poration possessing 50 percent or more of the
                                           stock or a partnership interest, and the con-             (1) by inserting ‘‘(i)’’ after ‘‘regulation’’,       total combined voting power of all classes of
                                           tribution of the debt instrument to capital.            and                                                    stock entitled to vote, or of the total value
                                             ‘‘(5) OTHER DEFINITIONS AND RULES.—For                  (2) by inserting ‘‘, or (ii) permit, on a tem-       of the stock of such corporation.
                                           purposes of this subsection—                            porary basis, a rate to be used with respect             ‘‘(B) TREATMENT OF RELATED PERSONS.—
                                             ‘‘(A) RELATED PERSON.—The determination               to any debt instrument which is higher than              ‘‘(i) IN GENERAL.—Related persons shall be
                                           of whether a person is related to another per-          the applicable Federal rate if the Secretary           treated as a single person for purposes of this
                                           son shall be made in the same manner as                 determines that such rate is appropriate in            paragraph.
                                           under subsection (e)(4).                                light of distressed conditions in the debt cap-          ‘‘(ii) RELATED PERSONS.—For purposes of
                                             ‘‘(B) ELECTION.—                                      ital markets’’ before the period at the end.           clause (i), a person shall be treated as related
                                             ‘‘(i) IN GENERAL.—An issuer of a debt in-               (c) EFFECTIVE DATE.—                                 to another person if—
                                           strument shall make the election under this               (1) SUSPENSION.—The amendments made by                 ‘‘(I) such person bears a relationship to
                                           subsection with respect to any debt instru-             subsection (a) shall apply to obligations              such other person described in section 267(b)
                                           ment by clearly identifying such debt instru-           issued after August 30, 2008, in taxable years         or 707(b), or
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                                           ment on the issuer’s records as an instru-              ending after such date.                                  ‘‘(II) such persons are members of a group
                                           ment to which the election applies before the             (2) INTEREST RATE AUTHORITY.—The amend-              of persons acting in concert.’’.
                                           close of the day on which the reacquisition             ments made by subsection (b) shall apply to              (b) EFFECTIVE DATE.—The amendment
                                           of the debt instrument occurs (or such other            obligations issued after the date of the en-           made by this section shall apply to owner-
                                           time as the Secretary may prescribe). Such              actment of this Act, in taxable years ending           ship changes after the date of the enactment
                                           election, once made, is irrevocable.                    after such date.                                       of this Act.




                                     VerDate Nov 24 2008   01:11 Feb 11, 2009   Jkt 079060   PO 00000   Frm 00050   Fmt 0624   Sfmt 0634   E:\CR\FM\A10FE6.048   S10FEPT1
                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                     S2087
                                             Beginning on page 555, line 11, strike all            amounts received from an organization de-              years ending after the date of the enactment
                                           through page 556, line 22, and insert the fol-          scribed in section 170(c)(2) as reimbursement          of this Act.
                                           lowing:                                                 of operating expenses with respect to the use          SEC. 1908. EXTENSION OF TIMBER REIT MOD-
                                           SEC. 1503. TEMPORARY MODIFICATION OF AL-                of a passenger automobile for the benefit of                       ERNIZATION AND MODIFICATION OF
                                                       TERNATIVE MINIMUM TAX LIMITA-               such organization.                                                 PROHIBITED TRANSACTION RULES
                                                       TIONS ON TAX-EXEMPT BONDS.                    ‘‘(b) LIMITATION.—The amount excluded                            FOR TIMBER PROPERTY.
                                             (a) INTEREST ON PRIVATE ACTIVITY BONDS                from gross income under subsection (a) shall             (a) IN GENERAL.—Paragraph (8) of section
                                           ISSUED DURING 2009 AND 2010 NOT TREATED AS              not exceed the product of the standard mile-           856(c) is amended—
                                           TAX PREFERENCE ITEM.—Subparagraph (C) of                age rate used for purposes of section 162 mul-           (1) by striking ‘‘the taxpayer’s first taxable
                                           section 57(a)(5) is amended by adding at the            tiplied by the number of miles traveled for            year’’ and inserting ‘‘the taxpayer’s third
                                           end a new clause:                                       which such reimbursement is made.                      taxable year’’, and
                                              ‘‘(vi) EXCEPTION FOR BONDS ISSUED IN 2009              ‘‘(c) APPLICATION TO VOLUNTEER SERVICES                (2) by striking ‘‘1 year after such date’’ and
                                           AND 2010.—                                              ONLY.—Subsection (a) shall not apply with              inserting ‘‘3 years after such date’’.
                                              ‘‘(I) IN GENERAL.—For purposes of clause                                                                      (b) EFFECTIVE DATE.—The amendments
                                                                                                   respect to any expenses relating to the per-
                                           (i), the term ‘private activity bond’ shall not                                                                made by this section shall apply to taxable
                                                                                                   formance of services for compensation.
                                           include any bond issued after December 31,                                                                     years ending after the date of the enactment
                                                                                                     ‘‘(d) NO DOUBLE BENEFIT.—A taxpayer may
                                           2008, and before January 1, 2011.                                                                              of this Act.
                                                                                                   not claim a deduction or credit under any
                                              ‘‘(II) TREATMENT OF REFUNDING BONDS.—For                                                                    SEC. 1909. EXTENSION OF QUALIFICATION OF
                                                                                                   other provision of this title with respect to                     MINERAL ROYALTY INCOME FOR
                                           purposes of subclause (I), a refunding bond             reimbursements excluded from income under                         TIMBER REITS.
                                           (whether a current or advance refunding)                subsection (a).                                          (a) IN GENERAL.—Section 856(c)(2)(I) is
                                           shall be treated as issued on the date of the             ‘‘(e) EXEMPTION FROM REPORTING REQUIRE-              amended by inserting ‘‘, second, or third’’
                                           issuance of the refunded bond (or in the case           MENTS.—Section 6041 shall not apply with re-           after ‘‘the first’’.
                                           of a series of refundings, the original bond).          spect to reimbursements excluded from in-                (b) EFFECTIVE DATE.—The amendment
                                              ‘‘(III) EXCEPTION FOR CERTAIN REFUNDING              come under subsection (a).                             made by this section shall apply to taxable
                                           BONDS.—Subclause (II) shall not apply to any              ‘‘(f) MAINTENANCE OF RECORDS.—For pur-               years ending after the date of the enactment
                                           refunding bond which is issued to refund any            poses of this section, no exclusion shall be           of this Act.
                                           bond which was issued after December 31,                allowed under subsection (a) for any reim-             SEC. 1910. FORMERLY HOMELESS YOUTH WHO
                                           2003, and before January 1, 2009.’’.                    bursement unless with respect to such reim-                        ARE STUDENTS QUALIFIED FOR
                                              (b) NO ADJUSTMENT TO ADJUSTED CURRENT                bursement the taxpayer meets substan-                              PURPOSES OF LOW INCOME HOUS-
                                           EARNINGS FOR INTEREST ON TAX-EXEMPT                     tiation requirements similar to the require-                       ING TAX CREDIT.
                                           BONDS ISSUED DURING 2009 AND 2010.—Sub-                 ments of section 274(d).                                 (a) IN GENERAL.—Clause (i) of section
                                           paragraph (B) of section 56(g)(4) is amended              ‘‘(g) TERMINATION.—This section shall not            42(i)(3)(D) is amended by redesignating sub-
                                           by adding at the end the following new                  apply to any miles traveled after December             clauses (II) and (III) as subclauses (III) and
                                           clause:                                                 31, 2010.’’.                                           (IV), respectively, and by inserting after sub-
                                              ‘‘(iv) TAX EXEMPT INTEREST ON BONDS                    (b) CONFORMING AMENDMENT.—The table of               clause (I) the following new subclause:
                                           ISSUED IN 2009 AND 2010.—                               sections for part III of subchapter B of chap-           ‘‘(II) a student who previously was a home-
                                              ‘‘(I) IN GENERAL.—Clause (i) shall not apply         ter 1 is amended by adding at the end the fol-         less child or youth (as defined by section 725
                                           in the case of any interest on a bond issued            lowing new item:                                       of the McKinney-Vento Homeless Assistance
                                           after December 31, 2008, and before January             ‘‘Sec. 139C. Charitable mileage reimburse-             Act (42 U.S.C. 11434a)),’’.
                                           1, 2011.                                                                                                         (b) EFFECTIVE DATE.—The amendments
                                                                                                                 ment.’’.
                                              ‘‘(II) TREATMENT OF REFUNDING BONDS.—For                                                                    made by subsection (a) shall apply to deter-
                                           purposes of subclause (I), a refunding bond               (c) EFFECTIVE DATE.—The amendments                   minations made before, on, or after the date
                                           (whether a current or advance refunding)                made by this section shall apply to miles              of the enactment of this Act.
                                           shall be treated as issued on the date of the           traveled after the date of the enactment of            SEC. 1911. DECREASED REQUIRED ESTIMATED
                                           issuance of the refunded bond (or in the case           this Act.                                                         TAX PAYMENTS IN 2009 FOR CER-
                                                                                                   SEC. 1906. SPECIAL RULES FOR MODIFICATION                         TAIN SMALL BUSINESSES.
                                           of a series of refundings, the original bond).
                                                                                                               OR DISPOSITION OF QUALIFIED                   Paragraph (1) of section 6654(d) is amended
                                              ‘‘(III) EXCEPTION FOR CERTAIN REFUNDING                          MORTGAGES OR DISPOSITION OF
                                           BONDS.—Subclause (II) shall not apply to any
                                                                                                                                                          by adding at the end the following new sub-
                                                                                                               FORECLOSURE PROPERTY BY REAL               paragraph:
                                           refunding bond which is issued to refund any                        ESTATE MORTGAGE INVESTMENT
                                           bond which was issued after December 31,                            CONDUITS.
                                                                                                                                                             ‘‘(D) SPECIAL RULE FOR 2009.—
                                           2003, and before January 1, 2009.’’.                                                                              ‘‘(i) IN GENERAL.—Notwithstanding sub-
                                                                                                     (a) IN GENERAL.—If a REMIC (as defined in
                                              (c) EFFECTIVE DATE.—The amendments                                                                          paragraph (C), in the case of any taxable
                                                                                                   section 860D(a) of the Internal Revenue Code
                                           made by this section shall apply to obliga-                                                                    year beginning in 2009, clause (ii) of subpara-
                                                                                                   of 1986) modifies the terms of or disposes of
                                           tions issued after December 31, 2008.                                                                          graph (B) shall be applied to any qualified in-
                                                                                                   a troubled asset under the Troubled Asset
                                              On page 587, after line 23, add the fol-                                                                    dividual by substituting ‘90 percent’ for ‘100
                                                                                                   Relief Program established by the Secretary
                                           lowing:                                                                                                        percent’.
                                                                                                   of the Treasury under section 101(a) of the
                                           SEC. 1904. DETERMINATION OF STANDARD MILE-                                                                        ‘‘(ii) QUALIFIED INDIVIDUAL.—For purposes
                                                                                                   Emergency Economic Stabilization Act of
                                                       AGE RATE FOR CHARITABLE CON-                                                                       of this subparagraph, the term ‘qualified in-
                                                       TRIBUTIONS DEDUCTION.
                                                                                                   2008—
                                                                                                                                                          dividual’ means any individual if—
                                             (a) IN GENERAL.—Subsection (i) of section               (1) such modification or disposition shall
                                                                                                                                                             ‘‘(I) the adjusted gross income shown on
                                           170 is amended to read as follows:                      not be treated as a prohibited transaction
                                                                                                                                                          the return of such individual for the pre-
                                             ‘‘(i) STANDARD MILEAGE RATE FOR USE OF                under section 860F(a)(2) of such Code, and
                                                                                                                                                          ceding taxable year is less than $500,000, and
                                           PASSENGER AUTOMOBILE.—                                    (2) for purposes of part IV of subchapter M
                                                                                                                                                             ‘‘(II) such individual certifies that more
                                             ‘‘(1) IN GENERAL.—For purposes of com-                of chapter 1 of such Code—
                                                                                                                                                          than 50 percent of the gross income shown on
                                           puting the deduction under this section for               (A) an interest in the REMIC shall not fail
                                                                                                                                                          the return of such individual for the pre-
                                           use of a passenger automobile, the standard             to be treated as a regular interest (as defined
                                                                                                                                                          ceding taxable year was income from a small
                                           mileage rate shall be 14 cents per mile.                in section 860G(a)(1) of such Code), nor shall
                                                                                                                                                          business.
                                             ‘‘(2) SPECIAL RULE FOR 2009 AND 2010.—For             such newly modified loan fail to be treated
                                                                                                   as a qualified mortgage solely because of              A certification under subclause (II) shall be
                                           miles traveled after the date of the enact-
                                                                                                   such modification or disposition, and                  in such form and manner and filed at such
                                           ment of the American Recovery and Rein-
                                                                                                     (B) any proceeds resulting from such modi-           time as the Secretary may by regulations
                                           vestment Tax Act of 2009 and before January
                                                                                                   fication or disposition shall be treated as            prescribe.
                                           1, 2011, the standard mileage rate shall be the
                                                                                                   amounts received under qualified mortgages.               ‘‘(iii) INCOME FROM A SMALL BUSINESS.—For
                                           rate determined by the Secretary, which rate
                                                                                                     (b) EFFECTIVE DATE.—This section shall               purposes of clause (ii), income from a small
                                           shall not be less than the standard mileage
                                                                                                   apply to modifications and dispositions after          business means, with respect to any indi-
                                           rate used for purposes of section 213.’’.
                                             (b) EFFECTIVE DATE.—The amendment                     the date of the enactment of this Act, in tax-         vidual, income from a trade or business the
                                           made by this section shall apply to miles               able years ending on or after such date.               average number of employees of which was
                                           traveled after the date of the enactment of             SEC. 1907. EXTENSION OF REDUCTION IN RATE              less than 500 employees for the calendar year
                                           this Act.                                                           OF TAX ON QUALIFIED TIMBER GAIN            ending with or within the preceding taxable
                                           SEC. 1905. EXCLUSION FROM GROSS INCOME FOR                          OF CORPORATIONS.                           year of the individual.
                                                        CHARITABLE MILEAGE REIMBURSE-                (a) IN GENERAL.—Section 1201(b)(1) is                   ‘‘(iv) SEPARATE RETURNS.—In the case of a
                                                        MENTS.                                     amended by striking ‘‘1 year after such date’’         married individual (within the meaning of
                                             (a) IN GENERAL.—Part III of subchapter B              and inserting ‘‘3 years after such date’’.             section 7703) who files a separate return for
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                                           of chapter 1 is amended by adding at the end              (b) CONFORMING AMENDMENT.—Subpara-                   the taxable year for which the amount of the
                                           the following new section:                              graph (B) of section 1201(b)(3) is amended by          installment is being determined, clause
                                           ‘‘SEC. 139C. CHARITABLE MILEAGE REIMBURSE-              striking ‘‘1 year after such date’’ and insert-        (ii)(I) shall be applied by substituting
                                                        MENT.                                      ing ‘‘3 years after such date’’.                       ‘$250,000’ for ‘$500,000’.
                                              ‘‘(a) IN GENERAL.—In the case of an indi-              (c) EFFECTIVE DATE.—The amendments                      ‘‘(v) ESTATES AND TRUSTS.—In the case of
                                           vidual,   gross   income     shall    not    include    made by this section shall apply to taxable            an estate or trust, adjusted gross income




                                     VerDate Nov 24 2008   01:11 Feb 11, 2009   Jkt 079060   PO 00000   Frm 00051   Fmt 0624   Sfmt 0634   E:\CR\FM\A10FE6.048   S10FEPT1
                                           S2088                                             CONGRESSIONAL RECORD — SENATE                                                      February 10, 2009
                                           shall be determined as provided in section              post on their website a progress report to-               (ii) on the basis of a restriction that was
                                           67(e).’’.                                               wards fulfilling components of their over-              directed to be made under State law as in ef-
                                           SEC. 1912. AVIATION PROGRAMS.                           sight plan required by subsection (a) as well           fect on July 1, 2008, and would have been in
                                             (a) SHORT TITLE.—This section            may be       as any modifications to that plan.                      effect as of such date, but for a delay in the
                                           cited as the ‘‘Federal Aviation Administra-               (c) JOINT ECONOMIC COMMITTEE.—Each Fed-               effective date of a waiver under section 1115
                                           tion Extension Act of 2009’’.                           eral department or agency that receives and             of such Act with respect to such restriction.
                                             (b) EXTENSION OF AVIATION PROGRAMS FOR                administers funding under this division and               On page 753, between lines 2 and 3, insert
                                           FY 2009.—                                               division A shall provide information and                the following:
                                             (1) EXTENSION OF AVIATION TAXES.—The In-              data on their implementation of this divi-              SEC. 5006. CHIP ALLOTMENT ADJUSTMENTS.
                                           ternal Revenue Code of 1986 is amended by               sion and division A to each committee of the              Effective as if included in the enactment of
                                           striking ‘‘March 31, 2009’’ and inserting ‘‘Sep-        Senate with jurisdiction over such funding              the Children’s Health Insurance Program Re-
                                           tember 30, 2009’’ each place it appears in each         under this division and division A and to the           authorization Act of 2009, section 2104(m) of
                                           of the following sections:                              Committee on Joint Economics.                           the Social Security Act, as added by section
                                             (A) Section 4081(d)(2)(B).                            SEC. 1914. EQUAL CREDIT AVAILABILITY.                   102 of the Children’s Health Insurance Pro-
                                             (B) Section 4261(j)(1)(A)(ii).                          Section 44(f) of the Federal Deposit Insur-           gram Reauthorization Act of 2009, is amend-
                                             (C) Section 4271(d)(1)(A)(ii).                        ance Act (12 U.S.C. 1831u(f)) is amended by             ed—
                                             (2) EXTENSION OF EXPENDITURE AUTHOR-                  adding at the end the following:                          (1) by redesignating paragraph (7) as para-
                                           ITY.—                                                     ‘‘(3) EQUAL CREDIT AVAILABILITY.—In the               graph (8); and
                                             (A) Such Code is amended by striking                  case of a person or government entity (other              (2) by inserting after paragraph (6), the fol-
                                           ‘‘April 1, 2009’’ each place it appears and in-         than a depository institution that is subject           lowing:
                                           serting ‘‘October 1, 2009’’ in each of the fol-         to paragraph (1) or (2)) in that State, the               ‘‘(7) ADJUSTMENT OF FISCAL YEARS 2009 AND
                                           lowing sections:                                        maximum annual percentage rate of interest              2010 ALLOTMENTS TO ACCOUNT FOR CHANGES IN
                                             (i) Section 9502(d)(1).                               shall be the greater of—                                PROJECTED SPENDING FOR CERTAIN PREVIOUSLY
                                             (ii) Section 9502(e)(2).                                ‘‘(A) the maximum annual percentage rate              APPROVED EXPANSION PROGRAMS.—In the case
                                             (B) Paragraph (1) of section 9502(d) of such          allowed by the laws of that State; or                   of one of the 50 States or the District of Co-
                                           Code is amended by inserting ‘‘or the Federal             ‘‘(B) 17 percent.’’.                                  lumbia that has an approved State plan
                                           Aviation Administration Extension Act of                  On page 601, line 6, insert ‘‘, except that           amendment effective January 1, 2006, to pro-
                                           2009’’ before the semicolon at the end of sub-          such compensation is not required to be paid            vide child health assistance through the pro-
                                           paragraph (A).                                          to an individual who is receiving stipends or           vision of benefits under the State plan under
                                             (3) EXTENSION OF AIRPORT IMPROVEMENT                  other training allowances’’ after ‘‘1998’’.             title XIX for children from birth through age
                                           PROGRAM.—                                                 On page 601, line 17, insert ‘‘less any de-           5 whose family income does not exceed 200
                                             (A) Paragraph (6) of section 48103 of title           ductible income as determined under State               percent of the poverty line, the Secretary
                                           49, United States Code, is amended to read as           law’’ after ‘‘year’’.                                   shall increase the allotments otherwise de-
                                           follows:                                                  On page 619, line 13, insert ‘‘(or another            termined for the State for fiscal years 2009
                                             ‘‘(6) $3,900,000,000 for fiscal year 2009.’’.         person pays on behalf of such individual)’’             and 2010 under paragraphs (1) and (2)(A)(i) in
                                             (B) Section 47104(c) of such title is amend-          after ‘‘pays’’.                                         order to take into account changes in the
                                           ed by striking ‘‘March 31, 2009,’’ and insert-            On page 692, between lines 7 and 8, insert            projected total Federal payments to the
                                           ing ‘‘September 30, 2009,’’.                            the following:                                          State under this title for such fiscal years
                                             (4) EXTENSION OF EXPIRING AUTHORITIES.—                 (g) IMPACT ON TRUST FUNDS.—The Board of               that are attributable to the provision of such
                                             (A) Title 49, United States Code, is amend-           Trustees of the Federal Hospital Insurance              assistance to such children.’’.
                                           ed by striking the date specified in each of            Trust Fund under section 1817 of the Social                             f
                                           the following sections and inserting ‘‘Sep-             Security Act (42 U.S.C. 1395i) and the Federal
                                           tember 30, 2009’’:                                      Supplementary Medical Insurance Trust                             NOTICE OF HEARINGS
                                             (i) Section 40117(l)(7).                              Fund under section 1841 of such Act (42                   COMMITTEE ON RULES AND ADMINISTRATION
                                             (ii) Section 44303(b).                                U.S.C. 1395t) shall include in the annual re-
                                             (iii) Section 47107(s)(3).                            port submitted in 2010 under subsection (b)(2)
                                                                                                                                                             Mr. SCHUMER. Mr. President, I wish
                                             (iv) Section 47141(f).                                of such sections 1817 and 1841 a description of         to announce that the Committee on
                                             (v) Section 49108.                                    the estimated short-term and long-term im-              Rules and Administration will meet on
                                             (B) Section 44302(f)(1) of such title is              pact that the provisions of, and amendments             Wednesday, February 11, 2009, at 10:30
                                           amended—                                                made by, this subtitle will have on such                a.m., to conduct its organization meet-
                                             (i) by striking ‘‘March 31, 2009’’ and insert-        Trust Funds.                                            ing for the 111th Congress.
                                           ing ‘‘September 30, 2009’’; and                           On page 707, between lines 21 and 22, insert            For further information regarding
                                             (ii) by striking ‘‘May 31, 2009’’ and insert-         the following:                                          this meeting, please contact Lynden
                                           ing ‘‘December 31, 2009’’.                                ‘‘(D) For purposes of this paragraph, the
                                                                                                   term ‘reporting period’ means, with respect
                                                                                                                                                           Armstrong at the Rules and Adminis-
                                             (C) Section 47115(j) of such title is amended
                                           by striking ‘‘2008, and the portion of fiscal           to a fiscal year, any period (or periods), with         tration Committee on 202–224–6352.
                                           year 2009 ending before April 1, 2009,’’ and in-        respect to the fiscal year, as specified by the                  COMMITTEE ON INDIAN AFFAIRS
                                           serting ‘‘2009,’’.                                      Secretary.’’.                                             Mr. DORGAN. Mr. President, I would
                                             (D) Section 161 of the Vision 100—Century               On page 716, between lines 18 and 19, insert          like to announce that the Committee
                                           of Aviation Reauthorization Act (49 U.S.C.              the following:                                          on Indian Affairs will meet on Thurs-
                                           47109 note) is amended by striking ‘‘before             SEC.    4204A. CHANGE IN DATE OF ANNUAL                 day, February 12, 2009 at 9:30 a.m. in
                                           April 1, 2009,’’.                                                    MEDPAC REPORT.
                                             (E) Section 186(d) of such Act (117 Stat.                                                                     room 628 of the Dirksen Senate Office
                                                                                                        (a) IN GENERAL.—Section 1805(b)(1)(C) of
                                           2518) is amended by striking ‘‘2008, and for            the Social Security Act (42 U.S.C. 1395b–6) is          Building to conduct an oversight hear-
                                           the portion of fiscal year 2009 ending before           amended by striking ‘‘March 1’’ and insert-             ing to receive the U.S. Department of
                                           April 1, 2009,’’ and inserting ‘‘2009,’’.               ing ‘‘March 15’’.                                       the Interior’s views and priorities with
                                             (c) EFFECTIVE DATE.—The amendments                      (b) EFFECTIVE DATE.—The amendment                     regard to Indian Affairs related issues
                                           made by this section shall take effect on               made by subsection (a) takes effect on April            in the coming year.
                                           April 1, 2009.                                          1, 2009, and applies to reports submitted for             Those wishing additional information
                                           SEC. 1913. ENHANCED CONGRESSIONAL OVER-                 2010 and calendar years thereafter.                     may contact the Indian Affairs Com-
                                                      SIGHT.                                         On page 726, line 7, insert ‘‘(or to an em-
                                                                                                                                                           mittee at 202–224–2251.
                                             (a) PLAN.—Not later than 30 days after the            ployer or facility to which such provider has
                                           date of enactment of this Act, each author-             assigned payments)’’ after ‘‘such provider’’.                             f
                                           izing committee of the Senate with jurisdic-              On page 737, line 18, insert ‘‘and, for pur-           AUTHORITY FOR COMMITTEES TO
                                           tion over spending included in this division            poses of the application of this section to the
                                                                                                                                                                       MEET
                                           and division A shall prepare and publicly               District of Columbia, payments under such
                                           post on their website a plan detailing—                 part shall be deemed to be made on the basis             COMMITTEE ON BANKING, HOUSING, AND URBAN
                                             (1) spending or programmatic language                 of the FMAP’’ after ‘‘et. seq.)’’.                                       AFFAIRS
                                           contained in this division and division A                 On page 738, line 11, insert ‘‘(including as            Mr. REID. Mr. President, I ask unan-
                                           which falls under their jurisdiction; and               such standards were proposed to be in effect            imous consent that the Committee on
                                             (2) plans for oversight of spending under             under a State law enacted but not effective
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                                                                                                                                                           Banking, Housing, and Urban Affairs
                                           the jurisdiction of the committee, including            as of such date or a State plan amendment
                                           congressional hearings.                                 or waiver request under title XIX of such Act
                                                                                                                                                           be authorized to meet during the ses-
                                             (b) IMPLEMENTATION REPORTS.—Not later                 that was pending approval on such date)’’               sion of the Senate on February 10, 2009
                                           than 6 months and 1 year after the date of              after ‘‘2008’’.                                         at 2:30 p.m.
                                           enactment of his Act, each committee de-                  On page 740, strike lines 6 through 12, and             The PRESIDING OFFICER. Without
                                           scribed in subsection (a) shall prepare and             insert the following:                                   objection, it is so ordered.



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                                           February 10, 2009                                 CONGRESSIONAL RECORD — SENATE                                                               S2089
                                                COMMITTEE ON ENERGY AND NATURAL                    mittee on Intelligence be authorized to                and pledge, the Journal of proceedings
                                                           RESOURCES                               meet during the session of the Senate                  be approved to date, the morning hour
                                             Mr. REID. Mr. President, I ask unan-                  on February 10, 2009 at 2:30 p.m.                      be deemed expired, the time for the two
                                           imous consent that the Committee on                       The PRESIDING OFFICER. Without                       leaders be reserved for their use later
                                           Energy and Natural Resources be au-                     objection, it is so ordered.                           in the day, and the Senate proceed to a
                                           thorized to meet during the session of                    The PRESIDING OFFICER. The ma-                       period for the transaction of morning
                                           the Senate to conduct a hearing on                      jority leader.                                         business, with Senators allowed to
                                           Tuesday, February 10, 2009, at 10 a.m.,                                   f                                    speak therein for up to 10 minutes
                                           in room SD366 of the Dirksen Senate                                                                            each.
                                           Office Building.                                                    APPOINTMENTS
                                                                                                                                                            The PRESIDING OFFICER. Without
                                             The PRESIDING OFFICER. Without                          The PRESIDING OFFICER. The                           objection, it is so ordered.
                                           objection, it is so ordered.                            Chair, on behalf of the Vice President,
                                                    COMMITTEE ON THE JUDICIARY                     pursuant to 22 U.S.C. 276d–276g, as                                      f
                                             Mr. REID. Mr. President, I ask unan-                  amended, appoints the following Sen-
                                           imous consent that the Senate Com-                      ator as Vice Chairman of the Senate                                  PROGRAM
                                           mittee on the Judiciary be authorized                   Delegation to the Canada-U.S. Inter-
                                           to meet during the session of the Sen-                                                                           Mr. REID. Mr. President, we are
                                                                                                   parliamentary Group conference during
                                           ate, to conduct a hearing entitled ‘‘Ex-                                                                       working on an agreement to vote on
                                                                                                   the 111th Congress: the Honorable MI-
                                           ecutive Nominations’’ on Tuesday,                                                                              the confirmation of William J. Lynn to
                                                                                                   CHAEL D. CRAPO of Idaho.
                                           February 10, 2009, 10 a.m., in room SD–                   The Chair, on behalf of the Vice                     be Deputy Secretary of Defense. We
                                           226 of the Dirksen Senate Office Build-                 President, pursuant to Section 5 of                    hope to be able to do that tomorrow.
                                           ing.                                                    Title I of Division H of Public Law 110–               Senators will be notified when a vote is
                                             The PRESIDING OFFICER. Without                        161, appoints the following Senator as                 scheduled.
                                           objection, it is so ordered.                            Chairman of the U.S.-Japan Inter-                                        f
                                                    COMMITTEE ON THE JUDICIARY                     parliamentary Group conference for
                                             Mr. REID. Mr. President, I ask unan-                  the 111th Congress: the Honorable DAN-
                                           imous consent that the Committee on                                                                               ADJOURNMENT UNTIL 10 A.M.
                                                                                                   IEL K. INOUYE of Hawaii.
                                           Foreign Relations be authorized to                                                                                          TOMORROW
                                                                                                                     f
                                           meet during the session of the Senate                                                                            Mr. REID. Mr. President, if there is
                                           on Tuesday, February 10, 2009, at 2:30                      ORDERS FOR WEDNESDAY,                              no further business to come before the
                                           p.m.                                                             FEBRUARY 11, 2009                             Senate, I ask unanimous consent that
                                             The PRESIDING OFFICER. Without                          Mr. REID. Mr. President, I ask unan-                 the Senate stand adjourned under the
                                           objection, it is so ordered.                            imous consent that when the Senate                     previous order.
                                                 SELECT COMMITTE ON INTELLIGENCE                   completes its business today, it stand                   There being no objection, the Senate,
                                             Mr. REID. Mr. President, I ask unan-                  adjourned until 10 a.m., Wednesday,                    at 4:49 p.m., adjourned until Wednes-
                                           imous consent that the Select Com-                      February 11; that following the prayer                 day, February 11, 2009, at 10 a.m.
smartinez on PROD1PC64 with SENATE




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