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


                                                      Vol. 155                                                      WASHINGTON, FRIDAY, SEPTEMBER 25, 2009                                                                    No. 137


                                                                                                                                              Senate
                                                        The Senate met at 9:30 a.m. and was                                                                U.S. SENATE,                    RESERVATION OF LEADER TIME
                                                      called to order by the Honorable JEFF                                                        PRESIDENT PRO TEMPORE,
                                                                                                                                            Washington, DC, September 25, 2009.
                                                                                                                                                                                           The ACTING PRESIDENT pro tem-
                                                      MERKLEY, a Senator from the State of                                                                                               pore. Under the previous order, the
                                                                                                                                   To the Senate:
                                                      Oregon.                                                                                                                            leadership time is reserved.
                                                                                                                                     Under the provisions of rule I, paragraph 3,
                                                                                                                                   of the Standing Rules of the Senate, I hereby                        f
                                                                                                PRAYER
                                                                                                                                   appoint the Honorable JEFF MERKLEY, a Sen-
                                                        The Chaplain, Dr. Barry C. Black, of-                                      ator from the State of Oregon, to perform                  DEPARTMENT OF DEFENSE
                                                      fered the following prayer:                                                  the duties of the Chair.                                   APPROPRIATIONS ACT, 2010
                                                        Let us pray.                                                                                       ROBERT C. BYRD,                 The ACTING PRESIDENT pro tem-
                                                        O God, whose spirit searches all                                                                  President pro tempore.         pore. Under the previous order, the
                                                      things, send us Your truth and mercy                                           Mr. MERKLEY thereupon assumed                       Senate will resume consideration of
                                                      today. Guide our lawmakers along a                                           the chair as Acting President pro tem-                H.R. 3326, which the clerk will report.
                                                      path that leads to the hearts and needs                                      pore.                                                   The assistant legislative clerk read
                                                      of those on life’s stormy seas. Give our                                                                                           as follows:
                                                      Senators a grace that will take away                                                           f                                     A bill (H.R. 3326) making appropriations
                                                      fear and provide them with courage                                                                                                 for the Department of Defense for the fiscal
                                                      and faith. Increase their understanding                                       RECOGNITION OF THE MAJORITY                          year ending September 30, 2010, and for other
                                                                                                                                                                                         purposes.
                                                      of the scope of their tasks as servants                                                  LEADER
                                                      of Your kingdom, as You inspire them                                                                                                 The ACTING PRESIDENT pro tem-
                                                                                                                                     The ACTING PRESIDENT pro tem-                       pore. The Senator from Hawaii.
                                                      to stay within the circle of Your loving                                     pore. The majority leader is recog-
                                                      providence. Lord, imbue them with un-                                                                                                Mr. INOUYE. Mr. President, I submit
                                                                                                                                   nized.                                                pursuant to Senate rules a report, and
                                                      derstanding and sympathy, as well as
                                                      with a sense of justice that they may                                                                                              I ask unanimous consent that it be
                                                                                                                                                     f
                                                      be champions of liberty and instru-                                                                                                printed in the RECORD.
                                                      ments of Your peace. May this be a day                                                                                               There being no objection, the mate-
                                                                                                                                                 SCHEDULE                                rial was ordered to be printed in the
                                                      in which the Senate exemplifies to
                                                      America unity, courage, and civility.                                          Mr. REID. Mr. President, following                  RECORD, as follows:
                                                      Today, as we welcome a new lawmaker,                                         leader remarks, the Senate will resume                 DISCLOSURE OF CONGRESSIONALLY DIRECTED
                                                                                                                                   consideration of the appropriations bill                             SPENDING ITEMS
                                                      we ask Your blessings for the Honor-
                                                                                                                                   for the Department of Defense. There                    I certify that the information required by
                                                      able PAUL KIRK, Jr.
                                                                                                                                   will be no rollcall votes during today’s              rule XLIV of the Standing Rules of the Sen-
                                                        We pray in the Redeemer’s Name.                                                                                                  ate related to congressionally directed
                                                      Amen.                                                                        session, but at 3:30 p.m. today, PAUL
                                                                                                                                                                                         spending items has been identified in the
                                                                                                                                   KIRK will be sworn in as the new Sen-                 committee report which accompanies H.R.
                                                                                               f                                   ator from Massachusetts, filling in for               3326 and that the required information has
                                                           PLEDGE OF ALLEGIANCE                                                    the late Senator Kennedy.                             been available on a publicly accessible con-
                                                                                                                                     As I speak, we have an international                gressional website at least 48 hours before a
                                                        The Honorable JEFF MERKLEY led the                                         war on terrorism, we have American                    vote on the pending bill.
                                                      Pledge of Allegiance, as follows:                                            troops stationed in Iraq and Afghani-                   Mr. INOUYE. Mr. President, I suggest
                                                        I pledge allegiance to the Flag of the                                     stan, and we have a Defense appropria-                the absence of a quorum.
                                                      United States of America, and to the Repub-                                  tions bill which is now before the Sen-                 The ACTING PRESIDENT pro tem-
                                                      lic for which it stands, one nation under God,                               ate. The appointment of the Chairman                  pore. The clerk will call the roll.
                                                      indivisible, with liberty and justice for all.
                                                                                                                                   of the Joint Chiefs of Staff, ADM Mi-                   The assistant legislative clerk pro-
                                                                                               f                                   chael Mullen, expires on September 30.                ceeded to call the roll.
                                                                                                                                   It would be absolutely unacceptable to                  Mr. MCCAIN. Mr. President, I ask
                                                           APPOINTMENT OF ACTING                                                   allow his position to be vacant at a                  unanimous consent that the order for
                                                           PRESIDENT PRO TEMPORE                                                   time when our Nation is so engaged                    the quorum call be rescinded.
                                                        The PRESIDING OFFICER. The                                                 internationally. I hope we can count on                 The ACTING PRESIDENT pro tem-
                                                      clerk will please read a communication                                       the cooperation of all my colleagues in               pore. Without objection, it is so or-
                                                      to the Senate from the President pro                                         allowing this nomination to proceed                   dered.
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                                                      tempore (Mr. BYRD).                                                          without delay—immediately.                                            HEALTH CARE
                                                        The assistant legislative clerk read                                         Mr. President, would you announce                     Mr. MCCAIN. Mr. President, for at
                                                      the following letter:                                                        the business of today.                                least several months, Congress, as we


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

                                                                                                                                                                                                                      S9861


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                                                      S9862                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      know, has been considering comprehen-                   ance premiums, directly contradicting                   At the urging of Senate Finance Com-
                                                      sive health reform legislation written                  the goal all of us shared together. This              mittee Chairman Max Baucus, the Centers
                                                      and moved through committees with-                      week CBO Director Douglas Elmendorf                   for Medicare and Medicaid Services [known
                                                                                                                                                                    as CMS] has cracked down on insurance
                                                      out bipartisan support. The Senate Fi-                  in the Senate Finance Committee said:
                                                                                                                                                                    compan[ies] . . . The CMS investigation into
                                                      nance Committee, now the last com-                        Our judgment is that that piece of legisla-         the beneficiary letter was prompted by a
                                                      mittee, is apparently considering a pro-                tion would raise insurance premiums by                Baucus request.
                                                      posal that was originally believed to                   roughly the amount of the money collected.
                                                                                                                                                                      This is a press release issued by the
                                                      possibly garner bipartisan support.                       If there are some out there who are                 office of the Senator from Montana
                                                      However, it has not. At the end of the                  not concerned by this massive govern-                 himself. And what did Senator BAU-
                                                      day, the bill has ended up being divided                ment expansion, here is the kicker.                   CUS’s urging result in? A gag order
                                                      along partisan lines.                                   The tax increases start right away                    from the acting head of the CMS Cen-
                                                        I agree that bipartisanship alone does                even though many coverage provisions                  ter for Drug and Health Plan Choices.
                                                      not propose good legislation, but I can                 do not begin for 4 years, making the                  Shockingly, the CMS subgroup ordered
                                                      guarantee that partisan legislation                     real 10-year implementation cost be-                  health plans offering Medicare Advan-
                                                      pushed through Congress on artificial                   tween $1.5 and $2 trillion. While it may              tage benefits to stop communicating
                                                      deadlines will not engender confidence                  seem to most Americans that reform is                 with their members what the CBO tells
                                                      or the support of the American people.                  all about regulating health insurers                  us is true, that taking $130 billion from
                                                      Not one of the bills in the House or                    and getting people covered, America’s                 Medicare Advantage is a cut.
                                                      Senate committees has received a Re-                    seniors who depend on Medicare would                    Let’s be clear. This is government-
                                                      publican legislator’s vote—now they                     be wrong to assume their benefits will                imposed restrictions on free speech.
                                                      are counting on perhaps one—nor did                     not be affected under the proposal that               How is it that we have an agency of
                                                      any of the bills deserve the vote of any                is being considered in the Senate Fi-                 government telling a private corpora-
                                                      Member of Congress. I hope reason will                  nance Committee.                                      tion they are not free to express their
                                                      prevail this week.                                        The administration’s proposal under                 opinions or views on anything the Con-
                                                        Unfortunately, as written, the ad-                    consideration in the Finance Com-                     gress does?
                                                      ministration’s and Senator BAUCUS’s                     mittee cuts $500 billion from Medicare                  So where does this leave us? The pro-
                                                      proposal does not warrant the support                   and allocates it to creating a new enti-              posal expands failing Medicaid, in-
                                                      of the American people or Members of                    tlement that we know taxes and costs                  creases government control in the
                                                      Congress. During the August recess we                   too much. Instead of improving Medi-                  health care of every American, and
                                                      saw millions of Americans come to                       care’s financial stability, the proposal              drives up premiums by raising taxes on
                                                      townhall meetings across this country                   cuts nearly $120 billion from hospitals               health care and health insurance. Then
                                                      and express their concerns. While some                  serving Medicare patients, more than                  the proposal forces you or your em-
                                                      have dismissed these peaceful revolu-                   $40 billion from Medicare home health                 ployer to purchase their more expen-
                                                      tionaries and impugned their motives,                   providers, and approximately $130 bil-                sive insurance. But to hide the impact,
                                                      I believe these citizens should be lis-                 lion of the cuts come from Medicare                   we are going to subsidize some Ameri-
                                                      tened to. This peaceful resolution is                   Advantage.                                            cans for this more expensive coverage,
                                                      like nothing I have ever seen in my                       CBO confirmed the obvious—that                      and if they do not purchase this more
                                                      nearly 30 years of elected office. Ameri-               taking $130 billion from Medicare Ad-                 expensive coverage, the proposal tells
                                                      cans have made it abundantly clear                      vantage is a cut in the extra benefits                the IRS to come after them with new
                                                      they do not want government taking                      provided to seniors despite protesta-                 tax penalties.
                                                      over their health care decisions. But,                  tions that this is not a cut from the                   The recent poll this morning, pub-
                                                      unfortunately, that is the reality of                   other side and from President Obama.                  lished in various newspapers, shows
                                                      the proposals before the Senate Fi-                       From the Associated Press:                          there continues to be waning support
                                                      nance Committee and those that have                       Congress’ Chief Budget Officer is contra-           and a lack of understanding of the
                                                      already been passed. Senator BAUCUS’s                   dicting President Barack Obama’s oft-stated           President’s proposal. I think that is
                                                      proposal is not any different. It in-                   claim that seniors would not see their Medi-
                                                                                                                                                                    perfectly logical because the President
                                                      creases or creates new government con-                  care benefits cut under a health care over-
                                                                                                              haul.                                                 says: If you like your present health
                                                      trol in all aspects of our health care                                                                        insurance, you can keep it. Then CBO
                                                      system, increases health care taxes,                      Candidate Obama campaigned to                       determines, and others, if your em-
                                                      and makes cuts to Medicare that re-                     make this cut, but now we hear the                    ployer provides you with health care
                                                      duce benefits and weaken its fiscal                     other side twist themselves in circles                benefits and chooses the government
                                                      health.                                                 trying to obscure the facts. Americans                option, then you as the employee do
                                                        The administration’s bill being con-                  should understand what is in these pro-               not have the ability to keep your
                                                      sidered this week in the Finance Com-                   posals and make up their own minds.                   health insurance policy if you like it.
                                                      mittee puts Washington in control of                    But the other side must not agree. Why                  So I think it is pretty clear the strat-
                                                      health insurance regulations by defin-                  else would Democrats vote down an                     egy of the administration is to try to
                                                      ing what is ‘‘acceptable health insur-                  amendment in the Senate Finance                       ram something through the Senate and
                                                      ance coverage’’ and what Americans                      Committee that would have simply re-                  the House, rewrite it in conference, and
                                                      must pay for this coverage. Wash-                       quired the legislative language to be                 certainly without Republican partici-
                                                      ington also seeks to tell Americans                     posted online for 72 hours before voting              pation. I hope that is not the case.
                                                      that they have no more than four in-                    on the proposals? This is what happens                  I look forward to continued discus-
                                                      surance plan coverage levels available                  when you do not have online or prior                  sion of this very vital issue for the
                                                      to them, the least costly of which                      information concerning amendments.                    American people on the floor of the
                                                      would be more expensive than many in-                     The Finance Committee passed a                      Senate and in the various forums
                                                      dividual and small group policies                       Democratic       amendment        earlier             around the country. I intend to con-
                                                      today.                                                  Wednesday by voice vote that they                     tinue to have health care townhall
                                                        In addition, the proposal decides                     thought would have no impact on the                   meetings in my State as they have
                                                      which health care industry should be                    bill’s bottom line. Hours later, the
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                                                                                                                                                                    been very helpful both in informing my
                                                      taxed and then imposes billions in new                  committee staff learned from CBO that                 constituents and my constituents in-
                                                      taxes on them. There are new taxes on                   Senator DEBBIE STABENOW’s amend-                      forming me.
                                                      prescription drugs, there are new taxes                 ment on foster care would actually                      I suggest the absence of a quorum.
                                                      on medical devices, there are new taxes                 cost $600 million. This is why we need                  The ACTING PRESIDENT pro tem-
                                                      on laboratory tests, and there are new                  to have cost estimates and online scru-               pore. The clerk will call the roll.
                                                      taxes on insurance companies.                           tiny not only by Members of Congress                    The legislative clerk proceeded to
                                                        The Congressional Budget Office has                   and their staffs but by the American                  call the roll.
                                                      confirmed what we know: that these                      people before we adopt amendments.                      Mr. MCCONNELL. I ask unanimous
                                                      taxes will be passed on to the con-                       Let me read from the press release                  consent that the order for the quorum
                                                      sumers and will drive up health insur-                  issued by Senator BAUCUS this week:                   call be rescinded.



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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                              S9863
                                                        The ACTING PRESIDENT pro tem-                         have with nearly $140 billion in cuts to                Mr. INOUYE. Mr. President, I suggest
                                                      pore. Without objection, it is so or-                   one popular Medicare plan; it calls for               the absence of a quorum.
                                                      dered.                                                  nearly $120 billion in Medicare cuts for                The ACTING PRESIDENT pro tem-
                                                                       f                                      hospitals that care for seniors; more                 pore. The clerk will call the roll.
                                                                                                              than $40 billion in cuts to home health                 The legislative clerk proceeded to
                                                       RECOGNITION OF THE MINORITY                            agencies; and nearly $8 billion in cuts               call the roll.
                                                                    LEADER.                                   to hospice care.                                        Mr. DORGAN. Mr. President, I ask
                                                        The ACTING PRESIDENT pro tem-                           Everyone agrees Medicare needs re-                  unanimous consent that the order for
                                                      pore.                                                   form. This isn’t reform. Lawmakers                    the quorum call be rescinded.
                                                        The Republican leader is recognized.                  want to use Medicare as a piggy bank                    The ACTING PRESIDENT pro tem-
                                                                       f                                      to pay for their experiment, and sen-                 pore. Without objection, it is so or-
                                                                                                              iors are going to suffer for it. The re-              dered.
                                                        HEALTH CARE WEEK X, DAY III                           sponse we keep getting from the ad-                                  f
                                                        Mr. MCCONNELL. Mr. President,                         ministration is that hundreds of bil-
                                                      Senators are still hashing out the de-                  lions of dollars in cuts to Medicare                      FAA REAUTHORIZATION ACT
                                                      tails of the Democrat health care pro-                  won’t affect services. Who can blame                    Mr. DORGAN. Mr. President, last
                                                      posal that they plan to bring to the                    seniors for scratching their heads over               evening the Senate passed a 3-month
                                                      floor, and it isn’t getting any better.                 that one? How do you cut half a tril-                 extension—until December 31—of the
                                                        Americans wanted us to work to-                       lion dollars from something without                   Federal Aviation Administration reau-
                                                      gether on reforms that improve the                      anybody noticing the difference? Sen-                 thorization bill, and I wanted to men-
                                                      system we have. What they are getting                   iors, rightly, just aren’t buying it.                 tion a word about that.
                                                      instead is a bill that creates an en-                     Americans want reform. They want                      The 3-month extension is necessary
                                                      tirely different system in which gov-                   lower costs. They want greater access                 because the authorization ends at the
                                                      ernment plays a bigger and bigger role                  for people without insurance. And they                end of this month, September 30. This
                                                      in people’s health care decisions. They                 want Congress to deliver commonsense                  is such an important issue, so I hope
                                                      are slapping this plan together as                      solutions to all these problems. What                 we are able to find time on the floor of
                                                      quickly as possible, and then they are                  they are getting instead is a trillion-               the Senate—I have talked to the ma-
                                                      going to force it on the American peo-                  dollar experiment that cuts Medicare,                 jority leader, Senator REID, about find-
                                                      ple whether they like it or not. That is                raises taxes, and threatens the health                ing time on the floor to consider the
                                                      what is going on this week in the hear-                 care options that millions of Ameri-                  FAA reauthorization bill, which in-
                                                      ing room of the Finance Committee.                      cans now enjoy. And they are being
                                                                                                                                                                    cludes important provisions to mod-
                                                        Supporters of this bill are watching                  told it all has to be done as fast as pos-
                                                                                                                                                                    ernize our air traffic control system.
                                                                                                              sible to meet some artificial deadline
                                                      the clock. They know the longer it sits                                                                         Let me talk about the process for
                                                                                                              that no one can explain.
                                                      out there, the more Americans will op-                    Americans want us to slow down, and                 getting a bill considered on the floor
                                                      pose this trillion-dollar experiment                    Congress is putting its foot on the ac-               just for a moment. It has been difficult
                                                      that cuts Medicare, raises taxes, and                   celerator. Americans want to know                     here to get things done on the floor of
                                                      threatens the health care choices that                  what this bill would mean for them,                   the Senate. Sometimes we have had co-
                                                      millions of Americans now enjoy. That                   and Congress won’t let them read it be-               operation, sometimes not. Sometimes
                                                      is why they struck down a common-                       fore a vote, won’t even allow them 72-                on very noncontroversial things we
                                                      sense amendment this week that would                    hours to look over the details of a 1,000             have had to file cloture just on the mo-
                                                      have given the American people 72-                      page piece of legislation that will af-               tion to proceed. It takes 2 days to get
                                                      hours to look at the details of this leg-               fect one of the most significant aspects              cloture, have a vote on cloture, and
                                                      islation.                                               of their lives. Americans have concerns               then the minority has insisted on 30
                                                        They are rushing it through, hoping                   about what they’re hearing, and they                  hours postcloture. So you have to take
                                                      no one gets to see the fine print. Why                  are being told to shut up, sit down, and              the better part of a week just to get to
                                                      else would they deny this 72-hour                       take the health care we give you.                     a piece of legislation, even the non-
                                                      amendment that gives people the time                      This is precisely the kind of conde-                controversial ones. So my hope would
                                                      they need to read a 1,000-page bill? Why                scending attitude from lawmakers in                   be that perhaps we could get more co-
                                                      else would they be dismissing anyone                    Washington that ordinary Americans                    operation particularly when it comes
                                                      who raises a peep of opposition? Why                    are tired of. This is the kind of thing               to passing the FAA Reauthorization
                                                      else would they be asking people to for-                they are protesting and speaking out                  Act.
                                                      ward fishy e-mails to the White House?                  against across the country. And over                    The FAA Reauthorization Act is
                                                      And why else would the administration                   the last few months, Congress hasn’t                  critically important because we need
                                                      order an investigation into a private                   given them any reason to believe that                 to modernize the air traffic control
                                                      company for telling its clients the                     their concerns aren’t exactly right.                  system. I chair the Aviation Sub-
                                                      truth about what this legislation would                   I yield the floor.                                  committee, and that is why I wish to
                                                      mean for them?                                            Mr. COCHRAN. I suggest the absence                  bring this bill to the floor, along with
                                                        More and more, it seem like sup-                      of a quorum.                                          my colleague, Senator ROCKEFELLER,
                                                      porters of this legislation just don’t be-                The ACTING PRESIDENT pro tem-                       and move rather rapidly on the issue of
                                                      lieve that the American people know                     pore. The clerk will call the roll.                   modernization of the air traffic control
                                                      what is best for themselves, so they                      The legislative clerk proceeded to                  system.
                                                      want to keep them in the dark about                     call the roll.                                          We are still flying using ground-
                                                                                                                Mr. INOUYE. Mr. President, I ask
                                                      the details. But that is not the way de-                                                                      based radar systems that have been
                                                                                                              unanimous consent that the order for
                                                      mocracy works. And that is why Re-                                                                            around for a long time. Previously, I
                                                                                                              the quorum call be rescinded.
                                                      publicans sent a letter to the Depart-                    The ACTING PRESIDENT pro tem-                       described on the floor of the Senate
                                                      ment of Health and Human Services                       pore. Without objection, it is so or-                 that when flying began in this country
                                                      yesterday calling on the HHS Sec-                       dered.                                                and we started to haul mail by air-
                                                      retary to rescind the gag order that it                                                                       planes, planes could only fly during the
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                                                                                                                                f
                                                      placed on companies that want to tell                                                                         day when the pilot could see. Then
                                                      seniors how health care legislation will                         MORNING BUSINESS                             eventually they began flying at night
                                                      affect them. Seniors deserve to know                      Mr. INOUYE. Mr. President, I ask                    by building big bonfires 50 or 100 miles
                                                      what is in this bill, and insurers should               unanimous consent that the Senate                     out so the pilot could see the direction
                                                      be free to tell them.                                   proceed to a period of morning busi-                  they were supposed to head. Then, with
                                                        But until that gag rule is lifted, we                 ness, with Senators permitted to speak                more sophistication, we developed
                                                      will tell seniors ourselves, because it                 therein for up to 10 minutes each.                    ground-based radar and we put tran-
                                                      hits them hard. It cuts services that                     The ACTING PRESIDENT pro tem-                       sponders in an airplane which send sig-
                                                      millions of seniors currently enjoy. It                 pore. Without objection, it is so or-                 nals to a radar on the ground, and that
                                                      could force seniors off the plans they                  dered.                                                radar then puts a little signal on a



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                                                      S9864                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      screen that says: Here is where the air-                                      ENERGY                          produce different kinds of energy. I
                                                      plane is. Well, that is all fine, except in               Mr. President, I want to talk just for              happen to believe we ought to produce
                                                      most cases it’s actually: This is where                 a moment about energy. I know we                      virtually every kind of energy to the
                                                      the airplane was. Because for the next                  have been spending a lot of time deal-                extent that we can do so, and do it with
                                                      7 seconds that jet is elsewhere. It is                  ing with health care. I believe the Fi-               an eye and understanding on how that
                                                      moving. So you have a single dot on a                   nance Committee is meeting and work-                  impacts climate change issues. We
                                                      ground-based radar system, and the                      ing on a health care bill, as we speak,               should be attending to and producing
                                                      transponder says, here is where that jet                and that is important to continue that                more     renewable    energy—including
                                                      airplane is, but it is really not there                 work. Another important issue for the                 wind, solar, biomass and other renew-
                                                      anymore. It is there for just a nano-                   Senate to address is energy. I want to                able resources. Developing renewables
                                                      second, and during the rest of the                      talk just for a moment about the need                 will move us in the direction of ad-
                                                      sweep of the radar that airplane is                     for an expanded energy program in this                dressing climate change.
                                                      somewhere else.                                         country and a new set of energy poli-                   So here is what we have done in the
                                                        We need to go to an entirely new sys-                 cies. Just as we have reported an FAA                 Energy Committee. We have produced
                                                      tem. Europe and the United States are                   reauthorization bill, we have also re-                a piece of legislation that maximizes
                                                      both moving to a system that uses GPS                   ported a bill out of the Senate Energy                the use of renewable energy.
                                                      so that we know exactly where that                      Committee. I worked with Senator                        Here is a picture of wind turbines.
                                                      airplane is. It is a much more effective                BINGAMAN and others on a bipartisan                   They are plentiful in my State and in
                                                      system and a safer system. It will save                 bill, and we have reported a very im-                 many other States as well. We are tak-
                                                      energy. It will allow airlines to fly                   portant bill out of the Energy Com-                   ing energy from the wind and pro-
                                                      more direct routes, so it will save time                mittee which is now on the Senate cal-                ducing electricity. When we put up a
                                                      for passengers. It will be better for the               endar. If we can pass it in the Senate                turbine, it can blow for 10 years, 20
                                                      environment because planes will be                      and House, resolve the differences, and               years or 50 years so that we are getting
                                                      using less energy. All of that is true.                 have the President sign it, this legisla-             energy from the wind. It is renewable,
                                                      But we can’t get there until we pass                    tion can move us in the direction to-                 increasingly reliable, carbon free, and
                                                      the provisions that move the FAA for-                   ward addressing the climate change.                   very protective of the environment.
                                                      ward with modernization that are part                   But it also makes us less dependent                     By producing electricity from the
                                                      of the FAA reauthorization bill.                        upon foreign energy, thus improving                   wind, solar or biomass resources, we
                                                        I and others have worked on this for                  our energy and our national security                  are capable of extending and expanding
                                                      a long time. We extended the existing                   situation.                                            our energy supply and in many ways,
                                                      reauthorization last evening until the                    Here are the issues. We produce mil-
                                                                                                                                                                    making us less dependent on foreign oil
                                                      end of the year, but between now and                    lions of barrels of oil every single day
                                                                                                                                                                    or energy that comes from foreign
                                                      then we need to pass the reauthoriza-                   by sucking it out of our planet. We
                                                                                                                                                                    sources. This is especially true as we
                                                      tion bill through the Senate so that we                 stick little straws in the dirt, and we
                                                                                                                                                                    work to electrify our transportation
                                                      can conference it with the House and                    suck oil out at a rate of about 85 mil-
                                                                                                                                                                    system.
                                                      get a bill to the President.                            lion barrels a day. Think about a globe                 One of the things we did with respect
                                                        It also includes provisions dealing                   in your office or someplace at school
                                                      with safety. For example, I have                                                                              to wind energy is, for the first time in
                                                                                                              and look at where we are relative to
                                                      chaired two hearings on the tragic ac-                                                                        the Senate Energy bill, establish a na-
                                                                                                              the size of the planet. Even though we
                                                      cident in Buffalo, NY, with the Colgan                                                                        tional renewable electricity standard.
                                                                                                              produce 85 million barrels a day for the
                                                      Air flight in which many lives were                                                                           We said we believe there ought to be a
                                                                                                              world, one-fourth of it comes to this
                                                      lost. We have included in this legisla-                                                                       requirement of how much of our na-
                                                                                                              patch called the United States of
                                                      tion issues dealing with the FAA and                                                                          tion’s electricity should come from re-
                                                                                                              America. We use one-fourth of all the
                                                      the issues of pilot fatigue, crew rest,                                                                       newable energy. So we have a 15-per-
                                                                                                              oil that is sucked out of our planet
                                                      pilot training, and other issues dealing                                                                      cent requirement. When we get a bill to
                                                                                                              every single day, so we have a pro-
                                                      with safety that are very important.                                                                          the Senate floor, we ought to increase
                                                                                                              digious appetite for energy.
                                                        We also include the Passengers’ Bill                    That is not surprising. Everything we               it to a 20-percent requirement where 5
                                                      of Rights, which some of my colleagues                  do uses energy, and we are an advanced                percent is for energy efficiency and 15
                                                      have worked on for a long while. I in-                  industrial country. We get up in the                  percent is for renewable energy. I
                                                      cluded that in the mark that has now                    morning and turn on a switch and the                  would like to see if we can strengthen
                                                      passed the Commerce Committee. It in-                   light goes on. We plug in an electric                 that standard which came out of the
                                                      cludes, for example, one little piece in                razor and shave. We use it for the cof-               Energy Committee. But at least the
                                                      the Passengers’ Bill of Rights says that                fee maker or for the toaster by using                 first renewable electricity standard of
                                                      if you are on an airplane and you are                   electricity. We open the refrigerator                 15 percent is in the committee passed
                                                      stranded someplace on a tarmac, they                    which keeps the food cool all the time.               bill. It is very important that we a
                                                      can’t keep you more than 3 hours with-                  We get in our cars, put a key in the ig-              starting point for where we want to be.
                                                      out being required to take you back to                  nition and ignite an engine with prob-                  There is this old saying: If you don’t
                                                      the terminal. We have had examples—                     ably 250 horses to take us to work or to              care where you are, you are never lost.
                                                      tragic examples, I should say—of peo-                   get a doughnut and coffee. We are un-                 That is very true for public policy in
                                                      ple being stuck on an airplane for way                  believable users of energy, and we do                 this country. If you don’t care where
                                                      too many hours and not allowed to                       not even think much about it. But if                  you are, then you don’t set goals. But
                                                      come back to the terminal. Well, we                     tomorrow morning we awoke and none                    we should set goals because we are un-
                                                      put a provision in here dealing with                    of that energy were available, our lives              believably and dangerously dependent
                                                      that which relates to the Passengers’                   would change in a dramatic way.                       on energy from other countries. That
                                                      Bill of Rights.                                           Now think of this: Although we need                 doesn’t make any sense to me, so we
                                                        My point is this: This is important to                one-fourth of 85 million barrels of oil               must maximize the production of re-
                                                      passengers, it is important to the air-                 today, brought to this country, almost                newable energy.
                                                      lines, and it is important to our coun-                 70 percent of the oil we use is produced                The problem is where the Sun shines
                                                      try to get this done and get it done                    elsewhere. Some of it is produced in                  or where the wind blows and where we
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                                                      right. My fervent hope is that we will                  countries that do not like us very                    can produce electricity from the wind
                                                      get time on the schedule and get it                     much. Then in addition to nearly 70                   and the Sun may not necessarily be
                                                      through the Senate so that we can get                   percent being produced elsewhere,                     where we most need the energy. What
                                                      it to conference with the House of Rep-                 about 70 percent of the oil in this coun-             we need to do is produce energy where
                                                      resentatives and see if we can get done                 try is used in the transportation sec-                we can and move it to the load centers
                                                      what should have been done 2 years                      tor. So those are the elements of things              where they need the electricity. So we
                                                      ago. It is called the Air Traffic Control               that ought to concern us. How do we                   have a transmission piece in this en-
                                                      Modernization Program. It is part of                    deal with all of this?                                ergy legislation which is very impor-
                                                      the FAA Reauthorization Act, and it is                    What we need to do is produce more                  tant because it essentially will create
                                                      very important for this country.                        energy at home. We also need to                       an interstate highway of transmission



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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                               S9865
                                                      capability to maximize the production                   are investing in finding ways to remove               and energy security as a result. That is
                                                      of renewable energy and move it to                      the carbon from fossil energy. I believe              the point of it all.
                                                      where it is needed, the load centers.                   it can be done. I believe one day we will               The reason I have described all this—
                                                        We cannot seem to produce or build                    have a near-zero emission, coal-fired,                I come from a State that produces a lot
                                                      transmission capabilities at this point                 electric-generating plant.                            of energy and I am on the Energy Com-
                                                      to the scale we need it. We have—we                       I think we ought to do a lot of every-              mittee. I am the second ranking Demo-
                                                      built 11,000 miles of natural gas pipe-                 thing and do it well. I believe there are             crat on the committee. I am also chair-
                                                      lines in the last 9 years in this country               so many exciting things going on that                 man     of    the    appropriations  sub-
                                                      to move natural gas, but we have only                   will alter our future, if we just keep in-            committee that funds all energy and
                                                      been able to build 668 miles of inter-                  vesting in them and make them hap-                    water projects, and that is a great op-
                                                      state, high voltage transmission lines.                 pen.                                                  portunity for me because I come from a
                                                      We just can’t get it done. There are 100                  I want to show a chart that is kind of              State that produces a lot of energy. We
                                                      different ways for people to say no. We                 a Byzantine chart, actually. This                     have virtually every form of energy. In
                                                      put a transmission piece in this legisla-               might not mean much to anybody at                     the western half of that State, we
                                                      tion which will move us down the road                   first glance, but this is algae. It is sin-           produce a lot of oil and natural gas. We
                                                      to maximize the production and the                      gle-cell pond scum. We have all seen in               produce a lot of coal. We also have a
                                                      movement of renewable energy. This is                   very common places, especially those                  great deal of wind and biomass. In fact
                                                      a positive step for this country.                       of us who grew up in rural areas. In a                we have more wind than any State in
                                                        Here is a chart that describes what                   pond when the Sun shines we will see                  America. According to the Department
                                                      has happened with domestic production                   this film develop, this green slimy stuff             of Energy, we are the Saudi Arabia of
                                                      and use of petroleum in our country                     in a pond. It is pond scum, right?                    wind.
                                                      from 1981 to today. It is pretty clear                  Algae.                                                  Also, we have a plant that uses lig-
                                                      from this graph what has happened,                        When I became chairman of the En-                   nite coal and produces from lignite
                                                      and this ever growing gap is what                       ergy and Water Appropriations Sub-                    coal synthetic natural gas. It is the
                                                      makes us dangerously dependent on                       committee, I restarted the algae re-                  only plant of its kind in the United
                                                      foreign oil. We use a lot of oil, and we                search work that had been discon-                     States. We take CO2 from that facility,
                                                      are unbelievably dependent on foreign                   tinued for 15 years. Why would we re-                 put it in a pipeline to inject into the
                                                      oil. As I indicated, some of it is from                 search algae? Here is why: Because if                 oil fields in Canada. We are taking CO2,
                                                      countries that don’t like us very much,                 CO2 is a problem in coal-burning or fos-              sequestering it, selling it, using it in
                                                      and that is not smart at all.                           sil-fired plants, what we can do with it              enhanced oil recovery because a very
                                                        The Energy bill passed in the Energy                  is take the CO2 from the facility and                 small amount of oil a new oil field is
                                                      Committee awaiting floor action is leg-                 feed it into a big old greenhouse. We                 actually brought up until we use addi-
                                                      islation that contains an amendment I                   can grow algae because algae grows                    tional means to move it. We can do
                                                      successfully offered that would open                    with sunlight, water, and CO2. We get                 that by injecting it with CO2 which
                                                      access to the eastern gulf of Mexico                    rid of the CO2 by feeding it into and                 stays in the ground. Then we can bring
                                                      which is closed for oil and gas produc-                 growing the algae, then harvesting the                up a lot more oil. We are doing all
                                                      tion. It would open it for oil and gas                  algae and producing a diesel fuel. We                 these things.
                                                                                                                                                                      The reason I wanted to talk about
                                                      production. That is very important be-                  take the CO2, which is a problem be-
                                                                                                                                                                    this today is we need to get that En-
                                                      cause there are substantial amounts of                  cause we want to protect the atmos-
                                                                                                                                                                    ergy bill to the floor of the Senate, get
                                                      production available to us in this re-                  phere.
                                                                                                                There is research going on right now                it passed, get it to the President for
                                                      gion.
                                                        Down in the Cuban waters we have                      in which I believe Exxon and Dr. Craig                signature. It is a significant first step
                                                      this misguided embargo against Cuba                     Venter are working on for new algae                   in the direction of addressing climate
                                                      for the last 50 years that has not                      research. They are taking the algae                   change but is also a significant step in
                                                                                                                                                                    making us less dependent on foreign
                                                      worked. It continues, and at the same                   and excreting the lipids which, with
                                                                                                                                                                    oil.
                                                      time, the Cubans are opening their wa-                  little manipulation, would then be-
                                                                                                                                                                      Senator BINGAMAN and Senator MUR-
                                                      ters for oil and gas production to com-                 come petroleum projects. Dr. Venter                   KOWSKI, the chairman and ranking
                                                      panies based in other countries. We un-                 was also one of several leading sci-                  member of the Energy Committee,
                                                      derstand there is about a half million                  entists involved in the research to map               worked with me and other Members for
                                                      barrels a day for production available                  the human genome which gave us the                    many months to produce this legisla-
                                                      in these waters. The Spanish are there,                 first owners manual for the human                     tion. Some say let’s merge it with cli-
                                                      the Indians are there, Canada is there—                 body. Dr. Venter and Dr. Francis Col-                 mate change.
                                                      they are all seeking to develop the re-                 lins are remarkable Americans. He is                    We should put this energy bill and
                                                      sources, but American oil companies                     now doing research in which people are                climate change together and bring it to
                                                      can’t because of that embargo. That                     trying to determine how to create syn-                the floor for a debate. Well, you know
                                                      makes no sense to me, and we ought to                   thetic microbes that would consume                    what. I have said I think it would be
                                                      remove that embargo, in my judgment.                    coal and, in the process of consuming                 far more beneficial, as a matter of
                                                      But the point is, the bill I have just de-              coal, leave methane gas behind.                       practical policy, to bring the Energy
                                                      scribed actually opens a substantial                      Isn’t that interesting? Isn’t it some-              bill to the Senate floor, pass it, put
                                                      area for additional oil and gas produc-                 thing, if we could have synthetic mi-                 that progress in the bank because it is
                                                      tion that came from an amendment                        crobes turn coal into gas by consuming                a significant stride toward addressing
                                                      passed with bipartisan support.                         the coal? I don’t know what the future                climate change, then follow that up
                                                        Here is another chart describing                      holds for all of this. I do know this.                with a climate change bill behind that.
                                                      where we get our energy. It includes                    The Energy bill we have passed in our                   I know some have interpreted my re-
                                                      coal, petroleum, natural gas, hydro-                    Energy Committee builds on a lot of                   marks as saying I do not support cli-
                                                      electric, renewables, and nuclear. I                    these interesting and important ideas,                mate change legislation. Well, I have
                                                      happen to think to the extent that we                   and I believe does it well. While I                   already spoken on the floor to clarify
                                                      can, even as we take action to protect                  haven’t mentioned nuclear, there are                  that point. I do not support a cap-and-
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                                                      our environment, we ought to consider                   loan guarantee funds and other incen-                 trade bill as it relates to the market
                                                      all types of energy to make us less de-                 tives that Congress has already passed                trade portion of cap and trade.
                                                      pendent on foreign energy.                              to try to build some of the first few nu-               I do not intend and do not have any
                                                        Coal—I recognize, by using coal to                    clear projects, which obviously don’t                 interest in consigning the price of en-
                                                      produce energy, we release carbon into                  produce carbon.                                       ergy tomorrow to the decisions in a $1
                                                      the atmosphere. That is difficult when                    I think it is important that we recog-              trillion carbon securities market that
                                                      we are dealing with a need to address                   nize we should do a lot of things, do                 will be populated by investment banks
                                                      climate change. In the appropriations                   them well, make us less dependent on                  and speculators today that are going to
                                                      committee I chair on energy and water,                  foreign oil, protect the environment,                 tell us what they believe the price of
                                                      what we are doing is making sure we                     and provide greater national security                 carbon should be tomorrow.



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                                                      S9866                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                        I have had way too much acquaint-                     this idea and commit to working with                  a very limited effect, and a person diagnosed
                                                      ance with markets that are broken and                   them on it.                                           with mesothelioma is expected to survive be-
                                                      markets that do not work in recent                        I yield the floor and I suggest the ab-             tween 8 and 14 months;
                                                                                                                                                                      Whereas mesothelioma has claimed the
                                                      years to believe that is what we ought                  sence of a quorum.
                                                                                                                                                                    lives of such heroes and public servants as
                                                      to do. I do believe there is something                    The PRESIDING OFFICER (Mr.                          Admiral Elmo Zumwalt, Jr., and Congress-
                                                      significant happening with respect to                   KAUFMAN). The clerk will call the roll.               man Bruce F. Vento;
                                                      our climate changing. I believe this                      The assistant legislative clerk pro-                  Whereas many mesothelioma victims were
                                                      country should take, at a minimum, a                    ceeded to call the roll.                              exposed to asbestos while serving in the
                                                      series of important ‘‘no regret’’ steps                   Mr. DORGAN. I ask unanimous con-                    Navy;
                                                      in addressing those issues.                             sent that the order for the quorum call                 Whereas it is believed that many of the
                                                        But I have great difficulty with those                be rescinded.                                         firefighters, police officers, and rescue work-
                                                      who believe we should do cap-and-trade                                                                        ers who served at Ground Zero on September
                                                                                                                The PRESIDING OFFICER. Without
                                                                                                                                                                    11, 2001, may be at increased risk of con-
                                                      bill when you talk about carbon mark-                   objection, it is so ordered.                          tracting mesothelioma in the future; and
                                                      ing trading, given the experience we                                      f                                     Whereas cities and localities throughout
                                                      have had in recent years in other mar-                                                                        the United States will recognize September
                                                      kets. We have discovered that time on                        NATIONAL MESOTHELIOMA
                                                                                                                                                                    26, 2009, as ‘‘Mesothelioma Awareness Day’’:
                                                      the Senate floor is evaporating quickly                           AWARENESS DAY                               Now, therefore, be it
                                                      because health care is taking longer                      Mr. DORGAN. Mr. President, I ask                      Resolved, That the Senate—
                                                      than one would have expected.                           unanimous consent that the Senate                       (1) designates September 26, 2009, as ‘‘Na-
                                                        We must also do financial reform. I                   proceed to the immediate consider-                    tional Mesothelioma Awareness Day’’; and
                                                                                                                                                                      (2) calls on the people of the United States,
                                                      would hope that financial reforms                       ation of S. Res. 288 submitted earlier
                                                                                                                                                                    Federal departments and agencies, States,
                                                      come after health care. My own view is                  today.                                                localities, organizations, and media to ob-
                                                      we do financial reform first this year                    The PRESIDING OFFICER. The                          serve National Mesothelioma Awareness day
                                                      because that would have established                     clerk will report the resolution by                   with appropriate ceremonies and activities.
                                                      the foundation by which people could                    title.
                                                                                                                                                                                   f
                                                      have confidence in the system that                        The assistant legislative clerk read
                                                      steered this country’s economy into                     as follows:                                                            RECESS
                                                      the ditch. I have expressed this to the                   A resolution (S. Res. 288) Designating Sep-           Mr. DORGAN. Mr. President, I ask
                                                      President.                                              tember 26, 2009, as ‘‘National Mesothelioma
                                                                                                                                                                    unanimous consent that the Senate
                                                        But I understand health care is a                     Awareness Day.’’
                                                                                                                                                                    stand in recess until 3:15.
                                                      very serious problem as well. So we                       There being no objection, the Senate                  There being no objection, the Senate,
                                                      need to consider health care and finan-                 proceeded to consider the resolution.                 at 12:10 p.m., recessed until 3:15 p.m.
                                                      cial reform. I also hope we can consider                  Mr. DORGAN. Mr. President, I ask                    and reassembled when called to order
                                                      the issue of FAA reauthorization; all                   unanimous consent that the resolution                 by the Presiding Officer.
                                                      these things and others are needed to                   be agreed to, the preamble be agreed                    The PRESIDING OFFICER. The Sen-
                                                      be done before the end of the year. The                 to, the motions to reconsider be laid                 ator from Hawaii.
                                                      majority leader understands all of                      upon the table, with no interviewing                    Mr. INOUYE. Mr. President, I suggest
                                                      that, is working very hard to try to fit                action or debate, and any statements                  the absence of a quorum.
                                                      the pieces of that puzzle into the time                 be printed in the RECORD.                               The PRESIDING OFFICER. The
                                                      available.                                                The PRESIDING OFFICER. Without                      clerk will call the roll.
                                                        My only point for expressing the                      objection, it is so ordered.                            The legislative clerk proceeded to
                                                      point on the floor is that I would very                   The resolution (S. Res. 288) was                    call the roll.
                                                      much hate to lose some important                        agreed to.                                              Mr. REID. Mr. President, I ask unan-
                                                      work on energy that affects virtually                     The preamble was agreed to.                         imous consent that the order for the
                                                      every form of energy, including energy                    The resolution, with its preamble,                  quorum call be rescinded.
                                                      efficiency, the first ever national RES,                reads as follows:                                       The PRESIDING OFFICER. Without
                                                      more transmission, additional access                                      S. RES. 288                         objection, it is so ordered.
                                                      to oil, and more that will make us less
                                                                                                                Whereas mesothelioma is a terminal can-
                                                      dependent on foreign oil and start to                                                                                        f
                                                                                                              cer related to exposure to asbestos that af-
                                                      address climate change.                                 fects the lining of the lungs, abdomen, heart,            ENERGY SECURITY THROUGH
                                                        All of that is part of a plan that I                  or testicles;                                                  TRANSPARENCY ACT
                                                      think is a plan that will advance the                     Whereas workers who are exposed to asbes-
                                                      interests of this country. So my hope is                tos on a daily basis over a long period of              Mr. CARDIN. Mr. President, I rise
                                                      that in the coming weeks, as we think                   time are most at risk, but even short-term            today to discuss a bill that will in-
                                                      through and talk through what should                    exposures to asbestos can cause the disease;          crease energy security and combat pov-
                                                      be our agenda in the near future, my                      Whereas exposure to asbestos for as little          erty through greater transparency in
                                                                                                              as 1 month can cause mesothelioma 20 to 50            the oil, gas and mining industries.
                                                      hope is we can find a way to move
                                                                                                              years later;
                                                      these important parts of an energy bill.                                                                        This week, Senator LUGAR and I,
                                                                                                                Whereas asbestos was used in the construc-
                                                        This, I think, should represent a sig-                tion of virtually all office buildings, public        along with Senators SCHUMER, WICKER
                                                      nificant opportunity for bipartisanship                 schools, and homes built before 1975, and             and FEINGOLD, introduced the Energy
                                                      at a time when there has been precious                  more than 3,000 products sold in the United           Security Through Transparency Act.
                                                      little. Too little bipartisanship exists                States contain asbestos;                              This legislation will require all compa-
                                                      right now. But if there is any area in                    Whereas there is no known safe level of ex-         nies listed on U.S. exchanges to dis-
                                                      which most of us would believe our                      posure to asbestos;                                   close their payments to foreign govern-
                                                      country’s best interests reside, it has                   Whereas millions of workers in the United           ments for the extraction of oil, gas and
                                                                                                              States have been, and continue to be, ex-
                                                      to be producing more energy and doing                                                                         minerals on a country-by-country
                                                                                                              posed to dangerous levels of asbestos;
                                                      it the right way, protecting our envi-                    Whereas the National Institutes of Health           basis. This disclosure would apply to
                                                      ronment at the same time. That is very                  reported to Congress in 2006 that mesothe-            all companies that file with the Securi-
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                                                      much what this Energy bill strives to                   lioma is a difficult disease to detect, diag-         ties and Exchange Commission, SEC,
                                                      do.                                                     nose, and treat;                                      regardless of where they are based, and
                                                        It will advance our country’s inter-                    Whereas the National Cancer Institute rec-          would be added to existing SEC re-
                                                      ests, and so my hope is that when the                   ognizes a clear need for new treatments to            quirements.
                                                      calendar turns for the new year, we                     improve the outlook for patients with meso-             This legislation will set a new inter-
                                                                                                              thelioma and other asbestos-related diseases;
                                                      will have sent to the President’s desk                                                                        national standard for corporate and
                                                                                                                Whereas the need to develop treatments
                                                      an energy policy that has a lot to com-                 for mesothelioma was overlooked for dec-              State behavior.
                                                      mend in it for this country’s future. I                 ades;                                                   With this bill, we are changing the
                                                      visited personally with the President,                    Whereas even the best available treat-              paradigm within the world’s oil, gas
                                                      the Majority Leader and others about                    ments for mesothelioma typically have only            and mining companies operate, and,



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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                              S9867
                                                      importantly, changing the nature of                     who currently occupies the Presidency,                dinary. It was his character and integ-
                                                      their relationship with the govern-                     have met with President Zelaya. As di-                rity that truly made him an example
                                                      ments in the countries in which they                    vided as these two factions are, these                to all. With the utmost respect, he was
                                                      operate.                                                talks need to continue in order to re-                called Mr. Fertitta by longtime em-
                                                        This is critical to our energy secu-                  solve this situation peacefully before                ployees and patrons of Station Casinos.
                                                      rity, our national security and for the                 the country descends into further                     That is because he showed respect to
                                                      welfare of the citizens of these coun-                  bloody confrontations between civil-                  all he came into contact with, and they
                                                      tries.                                                  ians and police, or it leads to violent               knew it.
                                                        When we look at countries situated                    fractures within the military.                           I was fortunate to know Mr. Fertitta
                                                      on oil and natural gas reserves, we                       I continue to believe that the pro-                 and call him a friend. He was genuine
                                                      think these countries have won the                      posal for the restoration of President                and unwavering in his support. The
                                                      global version of the economic lottery.                 Zelaya and early elections, put forward               kind of person you were blessed to have
                                                      But what economists have found by                       by Costa Rican President Oscar Arias,                 in your life.
                                                      studying these resource-rich countries                  has the best chance of resolving this                    Described as quiet and polite, family
                                                      is that they often fare worse than their                conflict. Brute force, like that reported             and faith were the foundations of his
                                                      resource-poor neighbors, both economi-                  from Honduras this week, will achieve                 life. Mr. Fertitta showed how a suc-
                                                      cally and politically.                                  nothing but further polarization.                     cessful, hard-working businessman can
                                                        In these countries rich in natural re-                  If President Zelaya is guilty of vio-               also be a dedicated family man. Each
                                                      sources, governments do not provide                     lating the law, as some have main-                    week his whole family gathered at his
                                                      the most basic of information con-                      tained, there are constitutional proce-               and Victoria’s home for Sunday dinner.
                                                      cerning natural resource revenues.                      dures for dealing with that. But by                   This was a tradition that all of the
                                                      This lack of transparency facilitates                   abusing the law themselves and simply                 Fertittas have cherished over the
                                                      and even encourages corruption. This                    throwing him out of the country, those                years. Anyone who knew him knew his
                                                      often leads to grinding poverty in                      who claim to have acted in the inter-                 family came first.
                                                      countries that are paradoxically rich in                ests of the Honduran people only com-                    He was also a consistent and valued
                                                      natural resources.                                      pounded the country’s problems. Hon-                  friend to many philanthropic organiza-
                                                        This legislation will provide much-                   duras, an impoverished country that                   tions in Las Vegas. He and Victoria
                                                      needed regulatory and legal support to                  needs the support of the United States                were involved with the University of
                                                      existing initiatives such as the Extrac-                and its neighbors, can ill afford this                Nevada Las Vegas, Bishop Gorman
                                                      tive Industries Transparency Initia-                    crisis to continue.
                                                                                                                                                                    High School, Catholic Charities of
                                                      tive, EITI, and Publish What You Pay.                                     f                                   Southern Nevada, the Nevada Cancer
                                                        It is critical that the United States                  REMEMBERING FRANK FERTITTA                           Institute, Opportunity Village, St.
                                                      lead by example on transparency. That                                                                         Judes Ranch, and the Cleveland Clinic
                                                                                                                Mr. ENSIGN. Mr. President. I wish to
                                                      is why this legislation also encourages                                                                       Lou Ruvo Center for Brain Health.
                                                                                                              honor the memory of a remarkable
                                                      the United States to become an imple-                   human being who inspired those                           It is one thing to be generous with
                                                      menting country under EITI.                             around him with kindness, generosity,                 your resources. It is another thing to
                                                        U.S. implementation of EITI would                                                                           raise your children to also be generous
                                                                                                              and devotion. He was a man who loved
                                                      have practical and symbolic value on a                  his family and understood the value of                with theirs. That was part of Mr.
                                                      number of fronts.                                       education.                                            Fertitta’s success. He was proud that
                                                        While this legislation puts human                       Lately, it seems that heads of cor-                 his children had become such generous
                                                      rights front and center in the global                   porations and big businesses have be-                 contributors to the community. They
                                                      energy discussion, it also empowers                     come about as popular as lawyers and                  did so because he set such a strong ex-
                                                      people to fight corruption and hold                     politicians. Well, you don’t have to                  ample.
                                                      their governments accountable. Great-                   look further than the legacy of Frank                    Las Vegas lost a visionary with the
                                                      er transparency will lead to greater                    Fertitta, Jr., to understand that com-                recent passing of Mr. Fertitta. He
                                                      stability in countries that benefit from                passion and respect can very much be                  taught us all how to respect others—re-
                                                      their natural resources and will lessen                 part of a successful mission statement.               gardless of one’s status, how to dream
                                                      volatility in the global energy market,                   The name Fertitta may be best                       big, and how to give back to our com-
                                                      making them more conducive for long-                    known in Las Vegas, NV, but the les-                  munities. There aren’t many people
                                                      term investments.                                       sons of how this gaming patriarch lived               like Mr. Fertitta in the world. We
                                                        Just as importantly, U.S. implemen-                   his life should be emulated around the                should all take a page from his mission
                                                      tation would bolster the momentum                       world.                                                statement to ensure that his brand of
                                                      for the EITI, helping to make it a truly                  Frank Fertitta, Jr., moved to Las                   success lives on.
                                                      global standard for transparency in ex-                 Vegas in 1960 with his lovely wife Vic-                              f
                                                      tractive industries. Leading by exam-                   toria. He started as a bellman and
                                                      ple is one of the most powerful ways                    slowly worked his way through the                          ADDITIONAL STATEMENTS
                                                      the U.S. can encourage other countries                  ranks—dealer, pit boss, general man-
                                                      to sign on to the initiative.                           ager. But what he will be remembered                   2009 SERVICE TO AMERICA MEDAL
                                                        I look forward to working with our                    for professionally is his vision and un-
                                                                                                                                                                                  RECIPIENTS
                                                      colleagues to ensure passage of this im-                derstanding of business and human na-
                                                      portant and timely legislation.                         ture.                                                 ∑ Ms. MIKULSKI. Mr. President, today
                                                                       f                                        In 1976, Frank opened a 5,000-square-               I honor and congratulate three out-
                                                                                                              foot building called The Casino. Those                standing Federal employees from
                                                         THE SITUATION IN HONDURAS                            around him had their doubts about                     Maryland—Thomas Alexander Wald-
                                                        Mr. LEAHY. Mr. President, on Mon-                     whether this venture would succeed.                   mann, Patricia Guerry and Deborah
                                                      day, September 21, President Manuel                     Instead, Frank became a pioneer of a                  Jin—who have recently been awarded
                                                      Zelaya returned to Tegucigalpa, Hon-                    gaming niche that catered to locals.                  Service to America medals in recogni-
                                                      duras, for the first time since he was                  His little experiment eventually be-                  tion for their great work.
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                                                      deposed and exiled in a June 28th coup                  came the Palace Station. Thirty-three                   Our Federal employees are on the
                                                      d’etat, taking refuge in the Brazilian                  years after that first venture, Station               front lines every day, working hard for
                                                      Embassy. His return has led to the in-                  Casinos today has 18 casinos and re-                  America. Their commitment to public
                                                      stallation of a curfew, violence be-                    sorts and employs more than 13,000                    service makes life better for us all. I
                                                      tween Zelaya’s supporters and Hon-                      people. And today, another generation                 am proud to honor these three terrific
                                                      duran security forces, and troubling re-                of Fertittas is working to keep the vi-               Federal employees from Maryland
                                                      ports of the detention and physical                     sion of Frank Fertitta, Jr., alive and                today.
                                                      abuse of his supporters.                                well.                                                   For the past five decades, Dr. Thom-
                                                        I am encouraged by reports that rep-                    His success, however, is not what                   as Alexander Waldmann has devoted
                                                      resentatives of Roberto Micheletti,                     made Frank Fertitta, Jr., so extraor-                 himself to performing cutting-edge



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                                                      S9868                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      science at the National Institutes of                   time resident of Alexandria, VA, is re-               REHBERG, Mr. CALVERT, Mr. ALEX-
                                                      Health. His work has resulted in great                  tiring on October 2, 2009, after 42 years             ANDER, and Mr. LEWIS of California as
                                                      advances in treatment for patients                      of service in our Federal Government. I               managers of the conference on the part
                                                      with multiple sclerosis, various types                  want to recognize Carol’s outstanding                 of the House.
                                                      of cancer and AIDS. Dr. Waldmann’s                      service to the public, and especially,                  The message also announced that the
                                                      commitment to transforming scientific                   her 30 years of Federal service at the                House agrees to the report of the com-
                                                      research to save and improve lives has                  U.S. Consumer Product Safety Com-                     mittee of conference on the disagreeing
                                                      earned him the nickname ‘‘renaissance                   mission. Carol started out at the CPSC                votes of the two Houses on the amend-
                                                      scientist’’ by his peers. His seminal re-               as a clerk typist and then as a sec-                  ment of the Senate to the bill (H.R.
                                                      search extends from the study of the                    retary in the Directorate for Commu-                  2918) making appropriations for the
                                                      immune system to clinical trials of                     nications under Kenneth Rashid and                    Legislative Branch for the fiscal year
                                                      immunotherapeutic agents, which help                    Bessie Draper at the 18th Street loca-                ending September 30, 2010, and for
                                                      your immune system perform better.                      tion, and then she moved to the agen-                 other purposes.
                                                      His innovative use of clinical trials has               cy’s Bethesda, MD, location. There, she                 The message further announced that
                                                      helped transform the way trials are                     worked in the Office of the General                   the House has passed the following bill,
                                                      used to treat patients, and has led to                  Counsel as the secretary for Richard                  in which it requests the concurrence of
                                                      the development of treatments for                       Allen, general law division. Over the                 the Senate:
                                                      fatal forms of leukemia and lymphoma                    course of her long and distinguished                    H.R. 3631. An act to amend title XVIII to
                                                      and for multiple sclerosis.                             Federal career she served as the sec-                 provide for the application of a consistent
                                                        Dr. Patricia Guerry of the U.S. Naval                 retary for the following general coun-                Medicare part B premium for all Medicare
                                                      Medical Research Center is an inno-                                                                           beneficiaries in a budget neutral manner for
                                                                                                              sels: Martin Katz, Daniel Levinson,
                                                                                                                                                                    2010.
                                                      vator in combating food-borne illnesses                 Acting General Counsel John Mackey,
                                                      throughout the world. After the dis-                    James Lacy, Acting General Counsel                      The message also announced that the
                                                      covery of the most common cause of                      Susan Birenbaum, Clement Erhardt,                     House has agreed to the following con-
                                                      food-borne illnesses, the Campylo-                      Jerry Thorn, Eric Rubel, Jeffrey                      current resolutions, in which it re-
                                                      bacter microbe, in the late 1970s, re-                  Bromme, Michael Solender, William                     quests the concurrence of the Senate:
                                                      searchers struggled to understand it                    DuRoss and John ‘‘Gib’’ Mullan. Since                   H. Con. Res. 163. Concurrent resolution ex-
                                                      and develop vaccines to combat it. But                                                                        pressing support for designation of Sep-
                                                                                                              2005, she has been the administrative
                                                                                                                                                                    tember 23, 2009, as ‘‘National Job Corps
                                                      Dr. Guerry was unwavering in her                        officer in the Office of General Counsel              Day’’.
                                                      quest to study the Campylobacter mi-                    at the CPSC to former General Counsel                   H. Con. Res. 191. Concurrent resolution di-
                                                      crobe, overcoming many barriers and                     Page Faulk and Acting General Coun-                   recting the Clerk of the House of Representa-
                                                      working with limited resources to de-                   sel Lowell Martin. Carol currently                    tives to make technical corrections in the
                                                      velop a promising new vaccine that                      works for CPSC General Counsel                        enrollment of H.R. 2918.
                                                      may be only a couple years away from                    Cheryl Falvey. We congratulate and                                   f
                                                      human trials. Over the past 3 years, Dr.                thank Carol for her enormous contribu-                       MEASURES REFERRED
                                                      Guerry and her group have had impres-                   tions to product safety and for her out-
                                                      sive success in advancing a vaccine,                    standing Federal service.∑                              The following bill was read the first
                                                      working at a breakneck pace. Dr.                                                                              and the second times by unanimous
                                                                                                                                f                                   consent, and referred as indicated:
                                                      Guerry’s success is especially prom-
                                                      ising for American troops abroad, who                   MESSAGES FROM THE PRESIDENT                             H.R. 3631. An act to amend title XVIII to
                                                      are particularly vulnerable to food poi-                                                                      provide for the application of a consistent
                                                                                                                Messages from the President of the                  Medicare part B premium for all Medicare
                                                      soning.                                                 United States were communicated to                    beneficiaries in a budget neutral manner for
                                                        Dr. Deborah Jin is another pio-                       the Senate by Mrs. Neiman, one of his                 2010; to the Committee on Finance.
                                                      neering researcher. A research team                     secretaries.
                                                      leader at the JILA-National Institute                                                                          The following concurrent resolution
                                                      of Standards and Technology joint in-                                     f                                   was read, and referred as indicated:
                                                      stitute in Boulder, CO, Deborah and                                                                             H. Con. Res. 163. Concurrent resolution ex-
                                                                                                              EXECUTIVE MESSAGES REFERRED                           pressing support for designation of Sep-
                                                      her team have made great advances in                                                                          tember 23, 2009, as ‘‘National Job Corps Day″;
                                                                                                                As in executive session the Presiding
                                                      the field of physics, including the cre-                                                                      to the Committee on Health, Education,
                                                                                                              0fficer laid before the Senate messages
                                                      ation of a new form of matter, a major                                                                        Labor, and Pensions.
                                                                                                              from the President of the United
                                                      discovery in the race toward super-                                                                                           f
                                                                                                              States submitting sundry nominations
                                                      conductivity.       Superconductivity—
                                                                                                              which were referred to the appropriate                    REPORTS OF COMMITTEES
                                                      using extremely low temperatures to
                                                                                                              committees.
                                                      move electrons through a magnetic                                                                              The following reports of committees
                                                                                                                (The nominations received today are
                                                      field—can potentially lead to break-                                                                          were submitted:
                                                                                                              printed at the end of the Senate pro-
                                                      throughs in energy efficiency and com-                                                                          By Mr. AKAKA, from the Committee on
                                                                                                              ceedings.)
                                                      puting. Deborah’s team raced against                                                                          Veterans’ Affairs, with an amendment in the
                                                      six other teams worldwide to be the                                       f                                   nature of a substitute and an amendment to
                                                      first to make this discovery.                                                                                 the title:
                                                                                                                  MESSAGE FROM THE HOUSE                              S. 801. A bill to amend title 38, United
                                                        These three Marylanders exemplify
                                                                                                                At 12:01 p.m., a message from the                   States Code, to waive charges for humani-
                                                      the very best that our Federal employ-                                                                        tarian care provided by the Department of
                                                      ees have to offer. But don’t think that                 House of Representatives, delivered by
                                                                                                                                                                    Veterans Affairs to family members accom-
                                                      there aren’t thousands of stories like                  Ms. Niland, one of its reading clerks,                panying veterans severely injured after Sep-
                                                      this across the country, from Atlanta                   announced that the House disagreed to                 tember 11, 2001, as they receive medical care
                                                      to Silver Spring. They work hard so                     the amendment of the Senate to the                    from the Department and to provide assist-
                                                      that the American people have a gov-                    bill (H.R. 3183) making appropriations                ance to family caregivers, and for other pur-
                                                      ernment they can count on. I will con-                  for energy and water development and                  poses (Rept. No. 111–80).
                                                                                                              related agencies for the fiscal year end-               By Mr. AKAKA, from the Committee on
                                                      tinue to stand sentry so that Federal
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                                                                                                              ing September 30, 2010, and for other                 Veterans’ Affairs:
                                                      employees get the pay and benefits                                                                              Special Report entitled ‘‘Legislative and
                                                      they have earned and the job security                   purposes; it agrees to the conference                 Oversight Activities During the 110th Con-
                                                      they deserve.∑                                          asked by the Senate on the disagreeing                gress by the Senate Committee on Veterans’
                                                                       f                                      votes of the two Houses thereon, and                  Affairs’’ (Rept. No. 111–81).
                                                                                                              appoints Mr. VISCLOSKY, Mr. EDWARDS                                    f
                                                        TRIBUTE TO CAROL BROADNAX                             of Texas, Mr. PASTOR, Mr. BERRY, Mr.
                                                      ∑ Mr. PRYOR. Mr. President, today I                     FATTAH, Mr. ISRAEL, Mr. RYAN of Ohio,                    INTRODUCTION OF BILLS AND
                                                      wish to congratulate and thank a true                   Mr. OLVER, Mr. DAVIS of Tennessee,                            JOINT RESOLUTIONS
                                                      dedicated public servant upon her re-                   Mr. SALAZAR, Mr. OBEY, Mr. FRELING-                     The following bills and joint resolu-
                                                      tirement. Ms. Carol Broadnax, a long-                   HUYSEN, MR. WAMP, Mr. SIMPSON, Mr.                    tions were introduced, read the first



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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                 S9869
                                                      and second times by unanimous con-                      of S. 451, a bill to require the Secretary                                S. 1692
                                                      sent, and referred as indicated:                        of the Treasury to mint coins in com-                   At the request of Mr. LEAHY, the
                                                            By Mr. KERRY (for himself and Mr.                 memoration of the centennial of the                   name of the Senator from Vermont
                                                              LUGAR):                                         establishment of the Girl Scouts of the               (Mr. SANDERS) was added as a cospon-
                                                        S. 1715. A bill to amend the United States            United States of America.                             sor of S. 1692, a bill to extend the sun-
                                                      International Broadcasting Act of 1994 to ex-                                  S. 583                         set of certain provisions of the USA
                                                      tend the authority of the Broadcasting                                                                        PATRIOT Act and the authority to
                                                                                                                At the request of Mr. PRYOR, the
                                                      Board of Governors to make grants for the
                                                                                                              name of the Senator from North Da-                    issue national security letters, and for
                                                      purpose of operating Radio Free Asia; to the
                                                      Committee on Foreign Relations.                         kota (Mr. DORGAN) was added as a co-                  other purposes.
                                                            By Mr. KERRY (for himself and Mr.                 sponsor of S. 583, a bill to provide                                      S. 1694
                                                              LUGAR):                                         grants and loan guarantees for the de-                  At the request of Mr. ROCKEFELLER,
                                                        S. 1716. A bill to amend the Foreign Affairs          velopment and construction of science                 the name of the Senator from Missouri
                                                      Reform and Restructuring Act of 1998 to re-             parks to promote the clustering of in-                (Mrs. MCCASKILL) was added as a co-
                                                      authorize the United States Advisory Com-               novation through high technology ac-                  sponsor of S. 1694, a bill to allow the
                                                      mission on Public Diplomacy; to the Com-
                                                                                                              tivities.                                             funding for the interoperable emer-
                                                      mittee on Foreign Relations.
                                                                                                                                     S. 653                         gency communications grant program
                                                            By Mr. AKAKA (for himself and Mr.
                                                              BURR):                                            At the request of Mr. CARDIN, the                   established under the Digital Tele-
                                                        S. 1717. A bill to authorize major medical            name of the Senator from Rhode Island                 vision Transition and Public Safety
                                                      facility leases for the Department of Vet-              (Mr. REED) was added as a cosponsor of                Act of 2005 to remain available until
                                                      erans Affairs for fiscal year 2010, and for             S. 653, a bill to require the Secretary of            expended through fiscal year 2012, and
                                                      other purposes; considered and passed.                  the Treasury to mint coins in com-                    for other purposes.
                                                            By Mr. BENNETT:                                   memoration of the bicentennial of the                                     S. 1699
                                                        S. 1718. A bill to require the conveyance of
                                                      certain public land within the boundaries of
                                                                                                              writing of the Star-Spangled Banner,                    At the request of Mr. REED, the name
                                                      Camp Williams, Utah, to support the train-              and for other purposes.                               of the Senator from Missouri (Mrs.
                                                      ing and readiness of the Utah National                                         S. 823                         MCCASKILL) was added as a cosponsor
                                                      Guard; to the Committee on Energy and Nat-                At the request of Ms. SNOWE, the                    of S. 1699, a bill to amend the Supple-
                                                      ural Resources.                                         name of the Senator from Colorado                     mental Appropriations Act, 2008 to pro-
                                                            By Mr. BENNETT (for himself and Mr.               (Mr. BENNET) was added as a cosponsor                 vide for the temporary availability of
                                                              HATCH):                                         of S. 823, a bill to amend the Internal
                                                        S. 1719. A bill to provide for the convey-                                                                  certain additional emergency unem-
                                                                                                              Revenue Code of 1986 to allow a 5-year                ployment compensation, and for other
                                                      ance of certain parcels of land to the town of
                                                      Alta, Utah; to the Committee on Energy and              carryback of operating losses, and for                purposes.
                                                      Natural Resources.                                      other purposes.                                                           S. 1702
                                                            By Mr. REED (for himself and Mr.                                         S. 1304
                                                                                                                                                                      At the request of Mr. UDALL of Colo-
                                                              LEAHY):                                           At the request of Mr. GRASSLEY, the                 rado, the name of the Senator from
                                                        S. 1720. A bill to amend title VII of the             name of the Senator from Mississippi
                                                      Public Health Service Act to provide im-                                                                      Colorado (Mr. BENNET) was added as a
                                                                                                              (Mr. COCHRAN) was added as a cospon-                  cosponsor of S. 1702, a bill to amend the
                                                      proved training and primary care; to the                sor of S. 1304, a bill to restore the eco-
                                                      Committee on Health, Education, Labor, and                                                                    Pittman—Robertson Wildlife Restora-
                                                      Pensions.
                                                                                                              nomic rights of automobile dealers,                   tion Act to facilitate the establishment
                                                            By Mr. SANDERS:                                   and for other purposes.                               of additional or expanded public target
                                                        S. 1721. A bill to require the Secretary of                                  S. 1647
                                                                                                                                                                    ranges in certain states.
                                                      Transportation to develop a national trans-               At the request of Mr. REED, the name                                    S. 1709
                                                      portation low emissions energy plan; to the             of the Senator from New Hampshire
                                                      Committee on Energy and Natural Re-                                                                             At the request of Ms. STABENOW, the
                                                                                                              (Mrs. SHAHEEN) was added as a cospon-
                                                      sources.                                                                                                      name of the Senator from Kansas (Mr.
                                                                                                              sor of S. 1647, a bill to provide for addi-
                                                                       f                                                                                            ROBERTS) was added as a cosponsor of
                                                                                                              tional emergency unemployment com-
                                                                                                                                                                    S. 1709, a bill to amend the National
                                                      SUBMISSION OF CONCURRENT AND                            pensation, and for other purposes.
                                                                                                                                                                    Agricultural Research, Extension, and
                                                             SENATE RESOLUTIONS                                                      S. 1660
                                                                                                                                                                    Teaching Policy Act of 1977 to estab-
                                                                                                                At the request of Ms. KLOBUCHAR, the
                                                        The following concurrent resolutions                                                                        lish a grant program to promote efforts
                                                                                                              name of the Senator from New Hamp-
                                                      and Senate resolutions were read, and                                                                         to develop, implement, and sustain vet-
                                                                                                              shire (Mr. GREGG) was added as a co-
                                                      referred (or acted upon), as indicated:                                                                       erinary services, and for other pur-
                                                                                                              sponsor of S. 1660, a bill to amend the
                                                            By Mrs. MURRAY (for herself, Mr.                                                                        poses.
                                                                                                              Toxic Substances Control Act to re-
                                                             CARDIN, Mr. CASEY, Ms. KLOBUCHAR,                                                                                   AMENDMENT NO. 2484
                                                             Mrs. BOXER, and Mr. ISAKSON):
                                                                                                              duce the emissions of formaldehyde
                                                                                                              from composite wood products, and for                   At the request of Mr. INHOFE, his
                                                        S. Res. 288. A resolution designating Sep-
                                                                                                              other purposes.                                       name was added as a cosponsor of
                                                      tember 26, 2009, as ‘‘National Mesothelioma
                                                      Awareness Day’’; considered and agreed to.                                     S. 1674
                                                                                                                                                                    amendment No. 2484 intended to be pro-
                                                            By Mr. SPECTER:                                     At the request of Mr. WYDEN, the                    posed to H.R. 3326, a bill making appro-
                                                        S. Res. 289. A resolution encouraging the             names of the Senator from Ohio (Mr.                   priations for the Department of De-
                                                      people of the United States to reflect on and           BROWN) and the Senator from Okla-                     fense for the fiscal year ending Sep-
                                                      remember the integrity and courage of the
                                                                                                              homa (Mr. COBURN) were added as co-                   tember 30, 2010, and for other purposes.
                                                      6,135 Christian men and women of Poland                                                                                    AMENDMENT NO. 2555
                                                      who acted to save their Jewish countrymen               sponsors of S. 1674, a bill to provide for
                                                      and countrywomen from extermination by                  an exclusion under the Supplemental                     At the request of Mr. INHOFE, his
                                                      Nazi Germany; to the Committee on Foreign               Security Income program and the Med-                  name was added as a cosponsor of
                                                      Relations.                                              icaid program for compensation pro-                   amendment No. 2555 intended to be pro-
                                                                       f                                      vided to individuals who participate in               posed to H.R. 3326, a bill making appro-
                                                                                                              clinical trials for rare diseases or con-             priations for the Department of De-
                                                            ADDITIONAL COSPONSORS                             ditions.                                              fense for the fiscal year ending Sep-
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                                                                             S. 451                                                  S. 1681                        tember 30, 2010, and for other purposes.
                                                        At the request of Ms. COLLINS, the                      At the request of Mr. LEAHY, the                                   f
                                                      names of the Senator from Illinois (Mr.                 name of the Senator from Missouri
                                                      DURBIN), the Senator from Connecticut                   (Mrs. MCCASKILL) was added as a co-                      STATEMENTS ON INTRODUCED
                                                      (Mr. LIEBERMAN), the Senator from                       sponsor of S. 1681, a bill to ensure that               BILLS AND JOINT RESOLUTIONS
                                                      Iowa (Mr. HARKIN), the Senator from                     health insurance issuers and medical                        By Mr. REED (for himself and
                                                      New Jersey (Mr. LAUTENBERG), the Sen-                   malpractice insurance issuers cannot                          Mr. LEAHY):
                                                      ator from Illinois (Mr. BURRIS) and the                 engage in price fixing, bid rigging, or                 S. 1720. A bill to amend title VII of
                                                      Senator     from     Missouri     (Mrs.                 market allocations to the detriment of                the Public Health Service Act to pro-
                                                      MCCASKILL) were added as cosponsors                     competition and consumers.                            vide improved training and primary



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                                                      S9870                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      care; to the Committee on Health, Edu-                    (2) in paragraph (6), by striking the period        SEC. 3. HEALTH WORKFORCE INFORMATION AND
                                                                                                              and inserting ‘‘; and’’; and                                      ANALYSIS.
                                                      cation, Labor, and Pensions.
                                                        Mr. REED. Mr. President, today I,                       (3) by inserting after paragraph (6) the fol-         (a) IN GENERAL.—Section 761 of the Public
                                                                                                              lowing:
                                                      along with Senator LEAHY, introduce                                                                           Health Service Act (42 U.S.C. 294m) is
                                                                                                                ‘‘(7) to plan, develop, and operate a dem-
                                                      the Health Professions and Primary                      onstration program that provides training in
                                                                                                                                                                    amended—
                                                      Care Reinvestment Act, which seeks to                                                                           (1) by redesignating subsection (c) as sub-
                                                                                                              new competencies, as recommended by the
                                                      enhance the training and education of                                                                         section (e);
                                                                                                              Advisory Committee on Training in Primary
                                                      primary care providers and establish a                                                                          (2) by striking subsection (b) and inserting
                                                                                                              Care Medicine and Dentistry, which may in-
                                                                                                                                                                    the following:
                                                      new system for evaluating and ana-                      clude—
                                                      lyzing primary care workforce pro-                        ‘‘(A) providing training to primary care              ‘‘(b) NATIONAL CENTER FOR HEALTH WORK-
                                                      grams funded by Title VII Health Pro-                   providers relevant to providing care through          FORCE    ANALYSIS.—
                                                                                                              patient-centered medical homes (as defined              ‘‘(1) ESTABLISHMENT.—The Secretary shall
                                                      fessions    Education    and    Training
                                                                                                              by the Secretary for purposes of this para-           establish the National Center for Health
                                                      grants.                                                 graph, taking into account the criteria of            Workforce Analysis (referred to in this sec-
                                                        In 1963, in response to an impending                  the National Committee for Quality Assur-             tion as the ‘‘National Center’’) within the
                                                      physician shortage, Congress passed                     ance and other certifying entities);                  Department of Health and Human Services.
                                                      and President Johnson signed the                          ‘‘(B) developing tools and curricula rel-             ‘‘(2) PURPOSES.—The purposes of the Na-
                                                      Health Professions Educational Assist-                  evant to patient-centered medical homes;              tional Center are to—
                                                      ance Act into law. Qualified edu-                       and                                                     ‘‘(A) carry out the activities under section
                                                      cational and medical institutions be-                     ‘‘(C) providing continuing education rel-           792(a); and
                                                      came eligible for grants to support pri-                evant to patient-centered medical homes.’’.             ‘‘(B) collect, analyze, and report data re-
                                                                                                                (b) PRIORITIES OF DELIVERY SYSTEM RE-               lated to health workforce issues in coordina-
                                                      mary care curriculum and faculty de-                    FORM.—Section 747 of the Public Health                tion with the State and Regional Centers for
                                                      velopment, and scholarships and loans                   Service Act (42 U.S.C. 293k) is amended by            Health Workforce Analysis described in sub-
                                                      to train individuals in certain primary                 striking subsection (c) and inserting the fol-        section (c) (referred to in this section as the
                                                      care health professions.                                lowing:                                               ‘‘State and Regional Centers’’).
                                                        The country is, once again, facing a                    ‘‘(c) PRIORITIES IN MAKING AWARDS.—In
                                                                                                                                                                      ‘‘(3) FUNCTIONS.—The National Center
                                                      physician shortage. However, this                       awarding grants or contracts under this sec-
                                                                                                              tion, the Secretary shall give priority to            shall—
                                                      time, the shortage is one component of                  qualified applicants that—                              ‘‘(A) annually evaluate the effectiveness of
                                                      a larger system-wide crisis.                              ‘‘(1) have a record of training the greatest        programs under this title, based on data re-
                                                        The Health Professions and Primary                    percentage of providers, or that have dem-            ported by recipients of contracts or grants
                                                      Care Reinvestment Act takes an im-                      onstrated significant improvements in the             under this title, data collected from the
                                                      portant step toward providing our pri-                  percentage of providers trained, who enter            State and Regional Centers described in sub-
                                                                                                              and remain in primary care practice;                  section (c), and analyses conducted under
                                                      mary care providers with the necessary                                                                        paragraph (4);
                                                      resources for better coordinating care,                   ‘‘(2) have a record of training individuals
                                                                                                              who are from underrepresented minority                  ‘‘(B) develop and publish benchmarks for
                                                      integrating treatment options, and                                                                            performance for programs under this title;
                                                                                                              groups or from a rural or disadvantaged
                                                      communicating with patients. It also                    background;                                             ‘‘(C) regularly produce and report to the
                                                      would enhance the evaluation and                          ‘‘(3) provide training in the care of vulner-       relevant committees of Congress estimates
                                                      analysis of programs funded by Title                    able populations such as children, older              of the supply, demand, and distribution of
                                                      VII grants in an effort to ensure that                  adults, homeless individuals, victims of              health professionals, such as physicians, den-
                                                      funding is appropriately allocated.                     abuse or trauma, individuals with mental              tists, nurses, physician assistants, phar-
                                                                                                              health or substance-related disorders, indi-          macists, mental and behavioral health pro-
                                                        The Title VII program deserves a ro-
                                                                                                              viduals with HIV/AIDS, and individuals with           fessionals, public health workers, and long-
                                                      bust evaluation and restructuring and I                                                                       term care workers, as appropriate;
                                                      believe that the provisions set forth in                disabilities;
                                                                                                                ‘‘(4) establish formal relationships and sub-         ‘‘(D) establish, maintain, and make pub-
                                                      the Health Professions and Primary                                                                            licly available through the Internet a na-
                                                                                                              mit joint applications with federally quali-
                                                      Care Reinvestment Act will accomplish                   fied health centers, rural health clinics, area       tional health workforce database to collect
                                                      that goal. My colleagues on the Health,                 health education centers, or clinics located          data from—
                                                      Education, Labor, and Pensions Com-                     in underserved areas or that serve under-               ‘‘(i) longitudinal tracking systems (as de-
                                                      mittee agreed and voted to include                      served populations;                                   fined in section 761(d)(2)) on performance
                                                                                                                ‘‘(5) provide training in interdisciplinary,        measures (as developed under sections
                                                      similar provisions in the Affordable
                                                                                                              integrated care through collaboration among           748(d)(3), 756(d)(3), and 762(a)(3)); and
                                                      Health Choices Act, which was re-                                                                               ‘‘(ii) the State and Regional Centers de-
                                                      ported out of the Committee on July                     health professionals, including physician as-
                                                                                                              sistants, nurse practitioners, pharmacists,           scribed in subsection (c);
                                                      15, 2009.                                                                                                       ‘‘(E) establish and maintain a registry of
                                                                                                              dentists, geriatricians, and mental and be-
                                                        We must continue our efforts to re-                   havioral health professionals;                        each grant awarded under this title, includ-
                                                      form our health care system. In doing                     ‘‘(6) provide training in enhanced commu-           ing data on the project director, the institu-
                                                      so, we must not forget about the im-                    nication with patients, evidence-based prac-          tion, the type and year of the award, and the
                                                      portant need to ensure an adequate                      tice, chronic disease management, preven-             residency, fellowship, or internship program,
                                                                                                                                                                    as appropriate; and
                                                      workforce to care for patients. I look                  tive care, health information technology, or
                                                                                                              other competencies as recommended by the                ‘‘(F) biennially submit to the relevant
                                                      forward to the full Senate considering                                                                        committees of Congress a report on the ac-
                                                      these vitally important reforms.                        Advisory Committee on Training in Primary
                                                                                                              Care Medicine and Dentistry; or                       tivities of the National Center during the
                                                        Mr. President, I ask unanimous con-                                                                         previous 2-year period.
                                                                                                                ‘‘(7) provide training in cultural com-
                                                      sent that the text of the bill be printed               petency and health literacy.’’.                         ‘‘(4) COLLABORATION AND DATA SHARING.—
                                                      in the RECORD.                                            (c) OTHER AMENDMENTS.—Section 747 of the              ‘‘(A) IN GENERAL.—The National Center
                                                        There being no objection, the text of                 Public Health Service Act (42 U.S.C. 293k) is         shall collaborate with Federal agencies,
                                                      the bill was ordered to be printed in                   amended—                                              health professions education organizations,
                                                      the RECORD, as follows:                                   (1) in subsection (d)—                              health professions organizations, and profes-
                                                                                                                (A) by striking ‘‘subsection (a) may not ex-        sional medical societies for the purpose of
                                                                           S. 1720
                                                                                                              ceed’’ and inserting ‘‘this section shall be’’;       linking data regarding grants awarded under
                                                        Be it enacted by the Senate and House of Rep-                                                               this title with 1 or more of the following:
                                                                                                              and
                                                      resentatives of the United States of America in                                                                 ‘‘(i) Data maintained by the Centers for
                                                                                                                (B) by striking the second sentence; and
                                                      Congress assembled,                                                                                           Medicare & Medicaid Services.
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                                                                                                                (2) by striking subsection (e) and inserting
                                                      SECTION 1. SHORT TITLE.                                 the following:                                          ‘‘(ii) Data on participation in the National
                                                        This Act may be cited as the ‘‘Health Pro-              ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—             Health Service Corps.
                                                      fessions and Primary Care Reinvestment                  For purposes of carrying out this section,              ‘‘(iii) Data sets maintained by health pro-
                                                      Act’’.                                                  there are authorized to be appropriated               fessions education organizations, health pro-
                                                      SEC. 2. EDUCATION AND TRAINING FOR DELIV-               $125,000,000 for each of fiscal years 2010            fessions organizations, or professional med-
                                                                 ERY SYSTEM REFORM.                           through 2014. Fifteen percent of the amount           ical societies.
                                                        (a) MEDICAL HOME TRAINING.—Section                    appropriated in each such fiscal year shall be          ‘‘(iv) Other data sets, as the Secretary de-
                                                      747(a) of the Public Health Service Act (42             allocated to the physician assistant training         termines appropriate.
                                                      U.S.C. 293k(a)) is amended—                             programs described in subsection (a)(5),                ‘‘(B) CONTRACTS FOR HEALTH WORKFORCE
                                                        (1) in paragraph (5), by striking ‘‘and’’ at          which prepare students for practice in pri-           ANALYSIS.—For the purpose of carrying out
                                                      the end;                                                mary care.’’.                                         the activities described in subparagraph (A),




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                    S9871
                                                      the National Center may enter into con-                 years 2010 through 2014, and such sums as               (3) ADVISORY COUNCIL ON GRADUATE MEDICAL
                                                      tracts with health professions education or-            may be necessary for each subsequent fiscal           EDUCATION.—Section 762(a) of the Public
                                                      ganizations, health professions organiza-               year.                                                 Health Service Act (42 U.S.C. 294o(a)) is
                                                      tions, or professional medical societies.                 ‘‘(C) GRANTS FOR LONGITUDINAL TRACKING              amended—
                                                        ‘‘(c) STATE AND REGIONAL CENTERS FOR                  SYSTEMS.—To carry out subsection (d), there             (A) in paragraph (1), by striking ‘‘and’’ at
                                                      HEALTH WORKFORCE ANALYSIS.—                             are authorized to be appropriated such sums           the end;
                                                        ‘‘(1) IN GENERAL.—The Secretary shall                 as may be necessary for fiscal years 2010               (B) in paragraph (2), by striking the period
                                                      award grants to, or enter into contracts                through 2014.                                         and inserting a semicolon; and
                                                      with, eligible entities for purposes of—                  ‘‘(D) CARRYOVER FUNDS.—An entity that re-             (C) by adding at the end the following:
                                                        ‘‘(A) collecting, analyzing, and reporting to         ceives an award under this section may carry            ‘‘(3) not later than 3 years after the date of
                                                      the National Center data regarding programs             over funds from 1 fiscal year to another              enactment of the Health Professions and Pri-
                                                      under this title and data related to health             without obtaining approval from the Sec-              mary Care Reinvestment Act, develop, pub-
                                                      workforce issues;                                       retary. In no case may any funds be carried           lish, and implement performance measures,
                                                        ‘‘(B) conducting, broadly disseminating,              over pursuant to the preceding sentence for           which shall be quantitative to the extent
                                                      and making publicly available through the               more than 3 years.’’; and                             possible, for programs under this title, ex-
                                                      Internet research and reports on State, re-               (B) in paragraph (2), by striking ‘‘sub-            cept for programs under part C or D;
                                                      gional, and national health workforce issues,           section (a)’’ and inserting ‘‘paragraph (1)’’.          ‘‘(4) develop and publish guidelines for lon-
                                                      including research on the supply, demand,                 (b) TRANSFER OF FUNCTIONS.—Not later                gitudinal tracking systems (as defined in
                                                      and distribution of health professionals;               than 180 days after the date of enactment of          section 761(d)(2)) for programs under this
                                                        ‘‘(C) evaluating the effectiveness of pro-            this Act, all of the functions, authorities,          title, except for programs under part C or D;
                                                      grams under this title and other policies re-           and resources of the National Center for              and
                                                      lated to health workforce issues; and                                                                           ‘‘(5) recommend appropriation levels for
                                                                                                              Health Workforce Analysis of the Health Re-
                                                        ‘‘(D) providing technical assistance to                                                                     programs under this title, except for pro-
                                                                                                              sources and Services Administration, as in
                                                      local and regional entities on the collection,                                                                grams under part C or D.’’.
                                                                                                              effect on the date before the date of enact-
                                                      analysis, and reporting of data related to
                                                                                                              ment of this Act, shall be transferred to the                          f
                                                      health workforce issues.
                                                                                                              National Center for Health Workforce Anal-
                                                        ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for                                                                      SUBMITTED RESOLUTIONS
                                                                                                              ysis established under section 761 of the Pub-
                                                      a grant or contract under this subsection, an
                                                                                                              lic Health Service Act, as amended by sub-
                                                      entity shall—
                                                                                                              section (a).
                                                        ‘‘(A) be a State, a State workforce commis-                                                                 SENATE RESOLUTION 288—DESIG-
                                                      sion, a public health or health professions               (c) PREFERENCE FOR USE OF LONGITUDINAL
                                                                                                              TRACKING SYSTEMS.—Section 791(a)(1) of the             NATING SEPTEMBER 26, 2009, AS
                                                      school, an academic health center, or an ap-                                                                   ‘‘NATIONAL          MESOTHELIOMA
                                                      propriate public or private nonprofit entity            Public Health Service Act (42 U.S.C.
                                                      or a partnership of such entities; and                  295j(a)(1)) is amended—                                AWARENESS DAY’’
                                                        ‘‘(B) submit to the Secretary an applica-               (1) in subparagraph (A), by striking ‘‘or’’ at       Mrs. MURRAY (for herself, Mr.
                                                      tion at such time, in such manner, and con-             the end;                                              CARDIN, Mr. CASEY, Ms. KLOBUCHAR,
                                                      taining such information as the Secretary                 (2) in subparagraph (B), by striking the pe-
                                                                                                                                                                    Mrs. BOXER, and Mr. ISAKSON) sub-
                                                      may require.                                            riod and inserting ‘‘; or’’; and
                                                                                                                (3) by adding at the end the following:             mitted the following resolution; which
                                                        ‘‘(d) INCREASE IN GRANTS FOR LONGITUDINAL
                                                      TRACKING SYSTEMS.—                                        ‘‘(C) utilizes a longitudinal tracking sys-         was considered and agreed to:
                                                        ‘‘(1) IN GENERAL.—The Secretary shall in-             tem (as defined in section 761(d)(2)) and re-                            S. RES. 288
                                                      crease the amount of a grant or contract                ports data from such system to the national             Whereas mesothelioma is a terminal can-
                                                      awarded to an eligible entity under this title          workforce database (as established under              cer related to exposure to asbestos that af-
                                                      for the establishment and maintenance of a              section 761(b)(3)(D)).’’.                             fects the lining of the lungs, abdomen, heart,
                                                      longitudinal tracking system.’’.                          (d) PERFORMANCE MEASURES; GUIDELINES                or testicles;
                                                        ‘‘(2) DEFINITION.—                                    FOR LONGITUDINAL TRACKING SYSTEMS.—                     Whereas workers who are exposed to asbes-
                                                        ‘‘(A) IN GENERAL.—For purposes of para-                 (1) ADVISORY COMMITTEE ON TRAINING IN               tos on a daily basis over a long period of
                                                      graph (1), the term ‘longitudinal tracking              PRIMARY CARE MEDICINE AND DENTISTRY.—                 time are most at risk, but even short-term
                                                      system’ means a system that tracks stu-                 Section 748(d) of the Public Health Service           exposures to asbestos can cause the disease;
                                                      dents, residents, fellows, interns, or faculty          Act (42 U.S.C. 293l(d)) is amended—                     Whereas exposure to asbestos for as little
                                                      who have received education, training, or fi-             (A) in paragraph (1), by striking ‘‘and’’ at        as 1 month can cause mesothelioma 20 to 50
                                                      nancial assistance from programs under this             the end;                                              years later;
                                                      title over a period of not less than 5 years, as          (B) in paragraph (2), by striking the period          Whereas asbestos was used in the construc-
                                                      specified by the Secretary.                             and inserting a semicolon; and                        tion of virtually all office buildings, public
                                                        ‘‘(B) CAPABILITY.—A longitudinal tracking               (C) by adding at the end the following:             schools, and homes built before 1975, and
                                                      system shall be capable of—                               ‘‘(3) not later than 3 years after the date of      more than 3,000 products sold in the United
                                                        ‘‘(i) tracking participation in the National          enactment of the Health Professions and Pri-          States contain asbestos;
                                                      Health Service Corps, practice in federally             mary Care Reinvestment Act, develop, pub-               Whereas there is no known safe level of ex-
                                                      qualified health centers, practice in health            lish, and implement performance measures,             posure to asbestos;
                                                      professional shortage areas and medically               which shall be quantitative to the extent               Whereas millions of workers in the United
                                                      underserved areas, and practice in primary              possible, for programs under this part;               States have been, and continue to be, ex-
                                                      care; and                                                 ‘‘(4) develop and publish guidelines for lon-       posed to dangerous levels of asbestos;
                                                        ‘‘(ii) collecting and reporting data on per-          gitudinal tracking systems (as defined in               Whereas the National Institutes of Health
                                                      formance measures developed under sections              section 761(d)(2)) for programs under this            reported to Congress in 2006 that mesothe-
                                                      748(d)(3), 756(d)(3), and 762(a)(3).                    part; and                                             lioma is a difficult disease to detect, diag-
                                                        ‘‘(C) GUIDELINES.—A longitudinal tracking               ‘‘(5) recommend appropriation levels for            nose, and treat;
                                                      system shall comply with guidelines issued              programs under this part.’’.                            Whereas the National Cancer Institute rec-
                                                      under sections 748(d)(4), 756(d)(4), and                  (2) ADVISORY COMMITTEE ON INTERDISCIPLI-            ognizes a clear need for new treatments to
                                                      762(a)(4).                                              NARY, COMMUNITY-BASED LINKAGES.—Section               improve the outlook for patients with meso-
                                                        ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to            756(d) of the Public Health Service Act (42           thelioma and other asbestos-related diseases;
                                                      obtain an increase under this section, an en-           U.S.C. 294f(d)) is amended—                             Whereas the need to develop treatments
                                                      tity shall be a recipient of a grant or con-              (A) in paragraph (1), by striking ‘‘and’’ at        for mesothelioma was overlooked for dec-
                                                      tract under this title and have not pre-                the end;                                              ades;
                                                      viously received an increase under this sec-              (B) in paragraph (2), by striking the period          Whereas even the best available treat-
                                                      tion.’’; and                                            and inserting a semicolon; and                        ments for mesothelioma typically have only
                                                        (3) in subsection (e), as so redesignated—              (C) by adding at the end the following:             a very limited effect, and a person diagnosed
                                                        (A) by striking paragraph (1) and inserting             ‘‘(3) not later than 3 years after the date of      with mesothelioma is expected to survive be-
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                                                      the following:                                          enactment of the Health Professions and Pri-          tween 8 and 14 months;
                                                        ‘‘(1) IN GENERAL.—                                    mary Care Reinvestment Act, develop, pub-               Whereas mesothelioma has claimed the
                                                        ‘‘(A) NATIONAL CENTER FOR HEALTH WORK-                lish, and implement performance measures,             lives of such heroes and public servants as
                                                      FORCE ANALYSIS.—To carry out subsection                 which shall be quantitative to the extent             Admiral Elmo Zumwalt, Jr., and Congress-
                                                      (b), there are authorized to be appropriated            possible, for programs under this part;               man Bruce F. Vento;
                                                      $1,000,000 for each of fiscal years 2010 through          ‘‘(4) develop and publish guidelines for lon-         Whereas many mesothelioma victims were
                                                      2014, and such sums as may be necessary for             gitudinal tracking systems (as defined in             exposed to asbestos while serving in the
                                                      each subsequent fiscal year.                            section 761(d)(2)) for programs under this            Navy;
                                                        ‘‘(B) STATE AND REGIONAL CENTERS.—To                  part; and                                               Whereas it is believed that many of the
                                                      carry out subsection (c), there are authorized            ‘‘(5) recommend appropriation levels for            firefighters, police officers, and rescue work-
                                                      to be appropriated $4,500,000 for each of fiscal        programs under this part.’’.                          ers who served at Ground Zero on September




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                                                      S9872                                             CONGRESSIONAL RECORD — SENATE                                                    September 25, 2009
                                                      11, 2001, may be at increased risk of con-              freedom around the world. Today I                        SA 2557. Mr. INHOFE submitted an
                                                      tracting mesothelioma in the future; and                want to recognize a time in history                    amendment intended to be proposed by
                                                        Whereas cities and localities throughout              when such a freedom was challenged in                  him to the bill H.R. 3326, making ap-
                                                      the United States will recognize September
                                                                                                              Poland and around the world by a des-                  propriations for the Department of De-
                                                      26, 2009, as ‘‘Mesothelioma Awareness Day’’:
                                                      Now, therefore, be it                                   potic regime, and more importantly                     fense for the fiscal year ending Sep-
                                                        Resolved, That the Senate—                            pay tribute to those few who fought                    tember 30, 2010, and for other purposes;
                                                        (1) designates September 26, 2009, as ‘‘Na-           this tyranny and helped save innocent                  which was ordered to lie on the table;
                                                      tional Mesothelioma Awareness Day’’; and                lives.                                                 as follows:
                                                        (2) calls on the people of the United States,           This year marks the 70th anniversary                   At the appropriate place, insert the fol-
                                                      Federal departments and agencies, States,               of the start of World War II, a war re-                lowing:
                                                      localities, organizations, and media to ob-             membered for the cruelty of Nazi Ger-                    SEC. ll. Of the amount appropriated or
                                                      serve National Mesothelioma Awareness day                                                                      otherwise made available by title IV under
                                                      with appropriate ceremonies and activities.
                                                                                                              many, as well as for the forces that
                                                                                                                                                                     the heading ‘‘RESEARCH, DEVELOPMENT,
                                                                                                              eventually overcame this cruelty. Fol-
                                                                       f                                                                                             TEST, AND EVALUATION, ARMY’’ and available
                                                                                                              lowing World War II, Yad Vashem and                    for Program Element #0708045A, up to
                                                      SENATE RESOLUTION 289—ENCOUR-                           a Remembrance Authority was estab-                     $1,000,000 may be available for Advanced Ul-
                                                        AGING THE PEOPLE OF THE                               lished to embark on a worldwide                        trasonic Inspection of Helicopter Rotor
                                                        UNITED STATES TO REFLECT ON                           project to identify those individuals                  Blades and Other Composite Components.
                                                        AND REMEMBER THE INTEGRITY                            who helped Jews during the Holocaust.                                 f
                                                        AND COURAGE OF THE 6,135                              All rescuers of European Jews during
                                                        CHRISTIAN MEN AND WOMEN OF                            World War II are honored today as the                   AUTHORITY FOR COMMITTEES TO
                                                        POLAND WHO ACTED TO SAVE                              ‘‘Righteous Among the Nations’’ by                                 MEET
                                                        THEIR    JEWISH      COUNTRYMEN                       Yad Vashem in the State of Israel. Po-                            COMMITTEE ON FINANCE
                                                        AND COUNTRYWOMEN FROM EX-                             land’s 6,135 ‘‘Righteous’’ rescuers con-                 Mr. DORGAN. Mr. President, I ask
                                                        TERMINATION BY NAZI GER-                              stitute some 27 percent of the 22,765                  unanimous consent that the Com-
                                                        MANY                                                  ‘‘Righteous’’ throughout the world.                    mittee on Finance be authorized to
                                                        Mr. SPECTER submitted the fol-                        Furthermore, while unknown in num-                     meet during the session of the Senate
                                                      lowing resolution; which was referred                   ber, it is important to remember those                 on Friday, September 25, 2009, at 9:30
                                                      to the Committee on Foreign Rela-                       Polish Christians who were caught and                  a.m., in room 216 of the Hart Senate Of-
                                                      tions:                                                  summarily executed along with their                    fice Building.
                                                                        S. RES. 289                           families while attempting to carry out                   The PRESIDING OFFICER. Without
                                                                                                              such rescues. While their stories may                  objection, it is so ordered.
                                                        Whereas the year 2009 marks the 70th anni-
                                                      versary of the start of World War II, a war             never be told, it is important to men-                                f
                                                      that should be remembered for introducing               tion their heroic efforts.
                                                                                                                                                                          PRIVILEGES OF THE FLOOR
                                                      the world to the repulsive and unprecedented              The 6,135 ‘‘Righteous’’ Polish Chris-
                                                      barbarism and cruelty of Nazi Germany;                  tians whose acts of courage and integ-                   Mr. INOUYE. Mr. President, I ask
                                                        Whereas Poland was the first country at-              rity have been documented by wit-                      unanimous consent that Mr. Robert
                                                      tacked and enslaved by the government and               nesses should be appropriately hon-                    Berschinski, a fellow with the Appro-
                                                      armed forces of Nazi Germany as part of the             ored. These Polish Christians who were                 priations Defense Subcommittee, and
                                                      methodical extermination of European                                                                           Rachel Meyer, staff assistant for the
                                                      Jewry by Nazi Germany;
                                                                                                              willing to risk their own lives and
                                                                                                              those of their families to save Polish                 Defense Subcommittee, be granted the
                                                        Whereas 6,135 Christian men and women of
                                                      Poland acted with great integrity and cour-             Jews should not be forgotten. These                    privilege of the floor during consider-
                                                      age, risking their lives and the lives of their         6,135 Polish Christians will always                    ation of H.R. 3326.
                                                      families, to save their Jewish countrymen               stand as universal exemplars and role                    The PRESIDING OFFICER. Without
                                                      and countrywomen from the barbarism and                 models of human compassion who                         objection, it is so ordered.
                                                      extermination of the Nazis;                             acted above and beyond the normal ex-                    The Senator from Mississippi.
                                                        Whereas the 6,135 Christian men and                   pectations of courage and integrity.                     Mr. COCHRAN. Mr. President, I ask
                                                      women of Poland who acted to save their                                                                        unanimous       consent     that   Jason
                                                      Jewish countrymen and countrywomen did
                                                                                                              Thus, I urge my colleagues to join me
                                                                                                              in supporting this resolution which re-                Lindsey, a military fellow in my office,
                                                      so in spite of the threat of their immediate
                                                                                                              flects on and remembers the Polish                     and Tom Osterhoudt, a detailee to the
                                                      execution and the execution of their fami-
                                                      lies, a threat that people in no other country          Righteous Among the Nations.                           Appropriations Committee, be granted
                                                      in Nazi-occupied Europe had to endure; and                                                                     the privileges of the floor during con-
                                                                                                                                 f
                                                        Whereas the 6,135 Christian men and                                                                          sideration of H.R. 3326, the fiscal year
                                                      women of Poland who acted to save their                      AMENDMENTS SUBMITTED AND                          2010 Defense appropriations bill.
                                                      Jewish countrymen and countrywomen rep-                             PROPOSED                                     The PRESIDING OFFICER. Without
                                                      resent approximately 27 percent of the                    SA 2556. Mr. REID (for Ms. LANDRIEU (for             objection, it is so ordered.
                                                      ‘‘Righteous Among the Nations’’ honored by              herself and Ms. SNOWE)) proposed an amend-               Mr. COCHRAN. Mr. President, I ask
                                                      Yad Vashem in the Republic of Israel: Now,              ment to the bill H.R. 3614, to provide for an          unanimous consent that for the dura-
                                                      therefore, be it                                        additional temporary extension of programs
                                                        Resolved, That the Senate encourages the
                                                                                                                                                                     tion of H.R. 3326, the 2010 Department
                                                                                                              under the Small Business Act and the Small             of Defense Appropriations Act, Senator
                                                      people of the United States to reflect on and
                                                                                                              Business Investment Act of 1958, and for               MCCAIN’s       Navy      fellow,   Mark
                                                      remember the integrity and courage of the
                                                                                                              other purposes.
                                                      6,135 Christian men and women of Poland                                                                        Holzrichter, be granted floor privileges
                                                                                                                SA 2557. Mr. INHOFE submitted an amend-
                                                      who acted to save their Jewish countrymen
                                                                                                              ment intended to be proposed by him to the             of the Senate.
                                                      and countrywomen from extermination by                                                                           The ACTING PRESIDENT pro tem-
                                                                                                              bill H.R. 3326, making appropriations for the
                                                      Nazi Germany.                                                                                                  pore. Without objection, it is so or-
                                                                                                              Department of Defense for the fiscal year
                                                        Mr. SPECTER. Mr. President, I have                    ending September 30, 2010, and for other pur-          dered.
                                                      sought recognition today to submit a                    poses; which was ordered to lie on the table.            Mr. DORGAN. Mr. President, I ask
                                                      resolution encouraging the people of                                    f                                      unanimous consent that Bill Curlin be
                                                      the U.S. to reflect on and remember                                                                            granted floor privileges for the remain-
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                                                      the integrity and courage of the 6,135                        TEXT OF AMENDMENTS
                                                                                                                                                                     der of this session.
                                                      Polish Christians who took action to                      SA 2556. Mr. REID (for Ms. LANDRIEU                    The PRESIDING OFFICER. Without
                                                      save their Jewish countrymen and                        (for herself and Ms. SNOWE)) proposed                  objection, it is so ordered.
                                                      countrywomen from extermination by                      an amendment to the bill H.R. 3614, to                   Mr. REID. Mr. President, I ask unan-
                                                      Nazi Germany. Earlier this year I co-                   provide for an additional temporary ex-                imous consent that LTC Joseph J. Mar-
                                                      sponsored S. Res. 9, a resolution com-                  tension of programs under the Small                    tin, a U.S. Army Special Forces officer,
                                                      memorating 90 years of U.S.-Polish dip-                 Business Act and the Small Business                    who is currently serving as my mili-
                                                      lomatic relations, during which Poland                  Investment Act of 1958, and for other                  tary legislative fellow this year, be
                                                      has proven to us be an exceptionally                    purposes; as follows:                                  granted floor privileges for the dura-
                                                      strong partner to the U.S. in advancing                      Strike sections 2 and 3.                          tion of the consideration of H.R. 3326,



                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000    Frm 00012   Fmt 0624   Sfmt 0634   E:\RECORD09\RECFILES\S25SE9.REC   S25SE9
                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                        S9873
                                                      the Department of Defense Appropria-                    cluding administrative expenses and acquisition        standing any provision to the contrary of sec-
                                                      tions Act for fiscal year 2010.                         of lands or waters, or interests therein,              tion 305(a) of Public Law 94–579 (43 U.S.C.
                                                        The PRESIDING OFFICER. Without                        $28,650,000, to be derived from the Land and           1735(a)), any moneys that have been or will be
                                                                                                              Water Conservation Fund and to remain avail-           received pursuant to that section, whether as a
                                                      objection, it is so ordered.
                                                                                                              able until expended: Provided, That, notwith-          result of forfeiture, compromise, or settlement, if
                                                                       f                                      standing the joint explanatory statement of the        not appropriate for refund pursuant to section
                                                                                                              Committee on Appropriations of the House of            305(c) of that Act (43 U.S.C. 1735(c)), shall be
                                                      DEPARTMENT OF INTERIOR, ENVI-
                                                                                                              Representatives accompanying Public Law 111–           available and may be expended under the au-
                                                        RONMENT, AND RELATED AGEN-                            8 (123 Stat. 524), the amount of $2,000,000 made       thority of this Act by the Secretary to improve,
                                                        CIES APPROPRIATIONS ACT, 2010                         available for the Henry’s Lake ACEC in the             protect, or rehabilitate any public lands admin-
                                                        On Thursday, September 24, 2009, the                  State of Idaho (as described in the table entitled     istered through the Bureau of Land Manage-
                                                      Senate passed H.R. 2996, as amended, as                 ‘‘Congressionally Designated Spending’’ con-           ment which have been damaged by the action of
                                                                                                              tained in section 430 of that joint explanatory        a resource developer, purchaser, permittee, or
                                                      follows:
                                                                                                              statement) shall be made available for the Upper       any unauthorized person, without regard to
                                                                         H.R. 2996                            Snake/South Fork River ACEC/SRMA in the                whether all moneys collected from each such ac-
                                                          Resolved, That the bill from the House of           State of Idaho.                                        tion are used on the exact lands damaged which
                                                      Representatives (H.R. 2996) entitled ‘‘An Act                 OREGON AND CALIFORNIA GRANT LANDS                led to the action: Provided further, That any
                                                      making appropriations for the Department                                                                       such moneys that are in excess of amounts need-
                                                                                                                 For expenses necessary for management, pro-
                                                      of the Interior, environment, and related                                                                      ed to repair damage to the exact land for which
                                                                                                              tection, and development of resources and for
                                                      agencies for the fiscal year ending Sep-                                                                       funds were collected may be used to repair other
                                                                                                              construction, operation, and maintenance of ac-
                                                      tember 30, 2010, and for other purposes.’’, do                                                                 damaged public lands.
                                                                                                              cess roads, reforestation, and other improve-
                                                      pass with the following amendment:                                                                                       MISCELLANEOUS TRUST FUNDS
                                                                                                              ments on the revested Oregon and California
                                                        Strike out all after the enacting clause and                                                                   In addition to amounts authorized to be ex-
                                                                                                              Railroad grant lands, on other Federal lands in
                                                      insert:                                                                                                        pended under existing laws, there is hereby ap-
                                                                                                              the Oregon and California land-grant counties
                                                      That the following sums are appropriated, out                                                                  propriated such amounts as may be contributed
                                                                                                              of Oregon, and on adjacent rights-of-way; and
                                                      of any money in the Treasury not otherwise ap-                                                                 under section 307 of the Act of October 21, 1976
                                                                                                              acquisition of lands or interests therein, includ-
                                                      propriated, for the Department of the Interior,                                                                (43 U.S.C. 1701), and such amounts as may be
                                                                                                              ing existing connecting roads on or adjacent to
                                                      environment, and related agencies for the fiscal                                                               advanced for administrative costs, surveys, ap-
                                                                                                              such grant lands; $111,557,000, to remain avail-
                                                      year ending September 30, 2010, and for other                                                                  praisals, and costs of making conveyances of
                                                                                                              able until expended: Provided, That 25 percent
                                                      purposes, namely:                                                                                              omitted lands under section 211(b) of that Act,
                                                                                                              of the aggregate of all receipts during the cur-
                                                                          TITLE I                             rent fiscal year from the revested Oregon and          to remain available until expended.
                                                            DEPARTMENT OF THE INTERIOR                        California Railroad grant lands is hereby made                   ADMINISTRATIVE PROVISIONS
                                                              BUREAU OF LAND MANAGEMENT                       a charge against the Oregon and California               The Bureau of Land Management may carry
                                                                                                              land-grant fund and shall be transferred to the        out the operations funded under this Act by di-
                                                           MANAGEMENT OF LANDS AND RESOURCES
                                                                                                              General Fund in the Treasury in accordance             rect expenditure, contracts, grants, cooperative
                                                         For necessary expenses for protection, use, im-      with the second paragraph of subsection (b) of         agreements and reimbursable agreements with
                                                      provement, development, disposal, cadastral sur-        title II of the Act of August 28, 1937 (50 Stat.       public and private entities. Projects funded pur-
                                                      veying, classification, acquisition of easements        876).                                                  suant to a written commitment by a State gov-
                                                      and other interests in lands, and performance of
                                                                                                              FOREST ECOSYSTEM HEALTH AND RECOVERY FUND              ernment to provide an identified amount of
                                                      other functions, including maintenance of fa-
                                                                                                                     (REVOLVING FUND, SPECIAL ACCOUNT)               money in support of the project may be carried
                                                      cilities, as authorized by law, in the manage-
                                                                                                                                                                     out by the bureau upon receipt of the written
                                                      ment of lands and their resources under the ju-            In addition to the purposes authorized in
                                                                                                                                                                     commitment. Appropriations for the Bureau of
                                                      risdiction of the Bureau of Land Management,            Public Law 102–381, funds made available in the
                                                                                                                                                                     Land Management (BLM) shall be available for
                                                      including the general administration of the Bu-         Forest Ecosystem Health and Recovery Fund
                                                                                                                                                                     purchase, erection, and dismantlement of tem-
                                                      reau, and assessment of mineral potential of            can be used for the purpose of planning, pre-
                                                                                                                                                                     porary structures, and alteration and mainte-
                                                      public lands pursuant to Public Law 96–487 (16          paring, implementing and monitoring salvage
                                                                                                                                                                     nance of necessary buildings and appurtenant
                                                      U.S.C. 3150(a)), $965,721,000, to remain available      timber sales and forest ecosystem health and re-
                                                                                                                                                                     facilities to which the United States has title; up
                                                      until expended, of which not to exceed                  covery activities, such as release from competing
                                                                                                                                                                     to $100,000 for payments, at the discretion of the
                                                      $69,336,000 is available for oil and gas manage-        vegetation and density control treatments. The
                                                                                                                                                                     Secretary, for information or evidence con-
                                                      ment; and of which $1,500,000 is for high pri-          Federal share of receipts (defined as the portion
                                                                                                                                                                     cerning violations of laws administered by the
                                                      ority projects, to be carried out by the Youth          of salvage timber receipts not paid to the coun-
                                                                                                                                                                     Bureau; miscellaneous and emergency expenses
                                                      Conservation Corps; and of which $3,000,000             ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–
                                                                                                                                                                     of enforcement activities authorized or approved
                                                      shall be available in fiscal year 2010 subject to       1 et seq., and Public Law 106–393) derived from
                                                                                                                                                                     by the Secretary and to be accounted for solely
                                                      a match by at least an equal amount by the Na-          treatments funded by this account shall be de-
                                                                                                                                                                     on the Secretary’s certificate, not to exceed
                                                      tional Fish and Wildlife Foundation for cost-           posited into the Forest Ecosystem Health and
                                                                                                                                                                     $10,000: Provided, That notwithstanding 44
                                                      shared projects supporting conservation of Bu-          Recovery Fund.
                                                                                                                                                                     U.S.C. 501, the Bureau may, under cooperative
                                                      reau lands; and such funds shall be advanced to                          RANGE IMPROVEMENTS                    cost-sharing and partnership arrangements au-
                                                      the Foundation as a lump sum grant without re-
                                                                                                                 For rehabilitation, protection, and acquisition     thorized by law, procure printing services from
                                                      gard to when expenses are incurred.
                                                                                                              of lands and interests therein, and improvement        cooperators in connection with jointly produced
                                                         In addition, $45,500,000 is for the processing of
                                                                                                              of Federal rangelands pursuant to section 401 of       publications for which the cooperators share the
                                                      applications for permit to drill and related use
                                                                                                              the Federal Land Policy and Management Act             cost of printing either in cash or in services, and
                                                      authorizations, to remain available until ex-
                                                                                                              of 1976 (43 U.S.C. 1701), notwithstanding any          the Bureau determines the cooperator is capable
                                                      pended, to be reduced by amounts collected by
                                                                                                              other Act, sums equal to 50 percent of all mon-        of meeting accepted quality standards: Provided
                                                      the Bureau and credited to this appropriation
                                                                                                              eys received during the prior fiscal year under        further, That projects to be funded pursuant to
                                                      that shall be derived from $6,500 per new appli-
                                                                                                              sections 3 and 15 of the Taylor Grazing Act (43        a written commitment by a State government to
                                                      cation for permit to drill that the Bureau shall
                                                                                                              U.S.C. 315 et seq.) and the amount designated          provide an identified amount of money in sup-
                                                      collect upon submission of each new applica-
                                                                                                              for range improvements from grazing fees and           port of the project may be carried out by the Bu-
                                                      tion, and in addition, $36,696,000 is for Mining
                                                                                                              mineral leasing receipts from Bankhead-Jones           reau on a reimbursable basis. Appropriations
                                                      Law Administration program operations, includ-
                                                                                                              lands transferred to the Department of the Inte-       herein made shall not be available for the de-
                                                      ing the cost of administering the mining claim
                                                                                                              rior pursuant to law, but not less than                struction of healthy, unadopted, wild horses
                                                      fee program; to remain available until expended,
                                                                                                              $10,000,000, to remain available until expended:       and burros in the care of the Bureau of Land
                                                      to be reduced by amounts collected by the Bu-
                                                                                                              Provided, That not to exceed $600,000 shall be         Management or its contractors or for the sale of
                                                      reau and credited to this appropriation from an-
                                                                                                              available for administrative expenses.                 wild horses and burros that results in their de-
                                                      nual mining claim fees so as to result in a final
                                                                                                                SERVICE CHARGES, DEPOSITS, AND FORFEITURES           struction for processing into commercial prod-
                                                      appropriation estimated at not more than
                                                                                                                                                                     ucts.
                                                      $965,721,000, and $2,000,000, to remain available          For administrative expenses and other costs
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                                                      until expended, from communication site rental          related to processing application documents and           UNITED STATES FISH AND WILDLIFE SERVICE
                                                      fees established by the Bureau for the cost of          other authorizations for use and disposal of                        RESOURCE MANAGEMENT
                                                      administering communication site activities.            public lands and resources, for costs of pro-            For necessary expenses of the United States
                                                                        CONSTRUCTION                          viding copies of official public land documents,       Fish and Wildlife Service, as authorized by law,
                                                                                                              for monitoring construction, operation, and ter-       and for scientific and economic studies, general
                                                         For construction of buildings, recreation fa-
                                                                                                              mination of facilities in conjunction with use         administration, and for the performance of
                                                      cilities, roads, trails, and appurtenant facilities,
                                                                                                              authorizations, and for rehabilitation of dam-         other authorized functions related to such re-
                                                      $8,626,000, to remain available until expended.
                                                                                                              aged property, such amounts as may be col-             sources, $1,244,386,000, to remain available until
                                                                      LAND ACQUISITION                        lected under Public Law 94–579, as amended,            September 30, 2011 except as otherwise provided
                                                        For expenses necessary to carry out sections          and Public Law 93–153, to remain available             herein: Provided, That $2,500,000 is for high pri-
                                                      205, 206, and 318(d) of Public Law 94–579, in-          until expended: Provided, That, notwith-               ority projects, which shall be carried out by the




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                                                      S9874                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      Youth Conservation Corps: Provided further,             U.S.C. 4261–4266), the Rhinoceros and Tiger           suant to law in connection with management,
                                                      That not to exceed $22,103,000 shall be used for        Conservation Act of 1994 (16 U.S.C. 5301–5306),       and investigation of fish and wildlife resources:
                                                      implementing subsections (a), (b), (c), and (e) of      the Great Ape Conservation Act of 2000 (16            Provided, That notwithstanding 44 U.S.C. 501,
                                                      section 4 of the Endangered Species Act, as             U.S.C. 6301–6305), and the Marine Turtle Con-         the Service may, under cooperative cost sharing
                                                      amended, (except for processing petitions, devel-       servation Act of 2004 (16 U.S.C. 6601–6606),          and partnership arrangements authorized by
                                                      oping and issuing proposed and final regula-            $11,500,000, to remain available until expended.      law, procure printing services from cooperators
                                                      tions, and taking any other steps to implement                 STATE AND TRIBAL WILDLIFE GRANTS               in connection with jointly produced publica-
                                                      actions described in subsection (c)(2)(A),                 For wildlife conservation grants to States and     tions for which the cooperators share at least
                                                      (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to ex-    to the District of Columbia, Puerto Rico, Guam,       one-half the cost of printing either in cash or
                                                      ceed $11,632,000 shall be used for any activity re-     the United States Virgin Islands, the Northern        services and the Service determines the coop-
                                                      garding the designation of critical habitat, pur-       Mariana Islands, American Samoa, and Indian           erator is capable of meeting accepted quality
                                                      suant to subsection (a)(3), excluding litigation        tribes under the provisions of the Fish and           standards: Provided further, That the Service
                                                      support, for species listed pursuant to subsection      Wildlife Act of 1956 and the Fish and Wildlife        may accept donated aircraft as replacements for
                                                      (a)(1) prior to October 1, 2009: Provided further,      Coordination Act, for the development and im-         existing aircraft.
                                                      That of the amount available for law enforce-           plementation of programs for the benefit of wild-                  NATIONAL PARK SERVICE
                                                      ment, up to $400,000, to remain available until         life and their habitat, including species that are       OPERATION OF THE NATIONAL PARK SYSTEM
                                                      expended, may at the discretion of the Secretary        not hunted or fished, $80,000,000, to remain
                                                      be used for payment for information, rewards,                                                                    For expenses necessary for the management,
                                                                                                              available until expended: Provided, That of the
                                                      or evidence concerning violations of laws ad-           amount provided herein, $7,000,000 is for a com-      operation, and maintenance of areas and facili-
                                                      ministered by the Service, and miscellaneous            petitive grant program for Indian tribes not sub-     ties administered by the National Park Service
                                                      and emergency expenses of enforcement activity,         ject to the remaining provisions of this appro-       (including expenses to carry out programs of the
                                                      authorized or approved by the Secretary and to          priation: Provided further, That $5,000,000 is for    United States Park Police), and for the general
                                                      be accounted for solely on the Secretary’s cer-         a competitive grant program for States, terri-        administration of the National Park Service,
                                                      tificate: Provided further, That of the amount          tories, and other jurisdictions with approved         $2,261,309,000, of which $9,982,000 for planning
                                                      provided for environmental contaminants, up to          plans, not subject to the remaining provisions of     and interagency coordination in support of Ev-
                                                      $1,000,000 may remain available until expended          this appropriation: Provided further, That the        erglades restoration and $99,622,000 for mainte-
                                                      for contaminant sample analyses.                        Secretary shall, for fiscal year 2010 and each fis-   nance, repair or rehabilitation projects for con-
                                                                                                              cal year thereafter, after deducting $12,000,000      structed assets, operation of the National Park
                                                                        CONSTRUCTION
                                                                                                              and administrative expenses, apportion the            Service automated facility management software
                                                        For construction, improvement, acquisition, or                                                              system, and comprehensive facility condition as-
                                                                                                              amount provided herein in the following man-
                                                      removal of buildings and other facilities re-                                                                 sessments shall remain available until September
                                                                                                              ner: (1) to the District of Columbia and to the
                                                      quired in the conservation, management, inves-                                                                30, 2011.
                                                                                                              Commonwealth of Puerto Rico, each a sum
                                                      tigation, protection, and utilization of fishery
                                                                                                              equal to not more than one-half of 1 percent             NATIONAL RECREATION AND PRESERVATION
                                                      and wildlife resources, and the acquisition of
                                                                                                              thereof; and (2) to Guam, American Samoa, the           For expenses necessary to carry out recreation
                                                      lands and interests therein; $39,741,000, to re-
                                                                                                              United States Virgin Islands, and the Common-         programs, natural programs, cultural programs,
                                                      main available until expended.
                                                                                                              wealth of the Northern Mariana Islands, each a        heritage partnership programs, environmental
                                                                      LAND ACQUISITION                        sum equal to not more than one-fourth of 1 per-       compliance and review, international park af-
                                                        For expenses necessary to carry out the Land          cent thereof: Provided further, That the Sec-         fairs, statutory or contractual aid for other ac-
                                                      and Water Conservation Fund Act of 1965, as             retary shall, for fiscal year 2010 and each fiscal    tivities, and grant administration, not otherwise
                                                      amended (16 U.S.C. 460l–4 through 11), includ-          year thereafter, apportion the remaining              provided for, $67,438,000, of which $3,175,000
                                                      ing administrative expenses, and for acquisition        amount in the following manner: (1) one-third         shall be for Preserve America grants as author-
                                                      of land or waters, or interest therein, in accord-      of which is based on the ratio to which the land      ized by section 7302 of the Omnibus Public Land
                                                      ance with statutory authority applicable to the         area of such State bears to the total land area       Management Act of 2009 (Public Law 111–11).
                                                      United States Fish and Wildlife Service,                of all such States; and (2) two-thirds of which                HISTORIC PRESERVATION FUND
                                                      $82,790,000, to be derived from the Land and            is based on the ratio to which the population of
                                                      Water Conservation Fund and to remain avail-            such State bears to the total population of all         For expenses necessary in carrying out the
                                                      able until expended, of which, notwithstanding          such States: Provided further, That the amounts       Historic Preservation Act of 1966, as amended
                                                      16 U.S.C. 460l–9, not more than $1,500,000 shall        apportioned under this paragraph shall be ad-         (16 U.S.C. 470), and the Omnibus Parks and
                                                      be for land conservation partnerships author-           justed equitably so that no State shall, for fiscal   Public Lands Management Act of 1996 (Public
                                                      ized by the Highlands Conservation Act of 2004:         year 2010 and each fiscal year thereafter, be ap-     Law 104–333), $74,500,000, to be derived from the
                                                      Provided, That none of the funds appropriated           portioned a sum which is less than 1 percent of       Historic Preservation Fund and to remain avail-
                                                      for specific land acquisition projects can be used      the amount available for apportionment under          able until September 30, 2011; of which
                                                      to pay for any administrative overhead, plan-           this paragraph for any fiscal year or more than       $20,000,000 shall be for Save America’s Treasures
                                                      ning or other management costs.                         5 percent of such amount: Provided further,           grants as authorized by section 7303 of the Om-
                                                                                                              That the Federal share of planning grants shall       nibus Public Land Management Act of 2009
                                                             COOPERATIVE ENDANGERED SPECIES
                                                                                                              not, for fiscal year 2010 and each fiscal year        (Public Law 111–11) of which $200,000 may be
                                                                   CONSERVATION FUND
                                                                                                              thereafter, exceed 75 percent of the total costs of   made available by the Secretary of the Interior
                                                        For expenses necessary to carry out section 6                                                               to develop, in conjunction with Morehouse Col-
                                                      of the Endangered Species Act of 1973 (16 U.S.C.        such projects and the Federal share of imple-
                                                                                                              mentation grants shall not, for fiscal year 2010      lege, a program to catalogue, preserve, provide
                                                      1531 et seq.), as amended, $85,001,000, to remain                                                             public access to and research on, develop cur-
                                                      available until expended, of which $30,307,000 is       and each fiscal year thereafter, exceed 50 per-
                                                                                                              cent of the total costs of such projects: Provided    riculum and courses based on, provide public ac-
                                                      to be derived from the Cooperative Endangered                                                                 cess to, and conduct scholarly forums on the im-
                                                      Species Conservation Fund, of which $5,146,000          further, That the non-Federal share of such
                                                                                                              projects may not be derived from Federal grant        portant works and papers of Dr. Martin Luther
                                                      shall be for the Idaho Salmon and Clearwater                                                                  King, Jr. to provide a better understanding of
                                                      River Basins Habitat Account pursuant to the            programs: Provided further, That any amount
                                                                                                              apportioned in 2010 to any State, territory, or       the message and teachings of Dr. Martin Luther
                                                      Snake River Water Rights Act of 2004; and of                                                                  King, Jr.
                                                      which $54,694,000 is to be derived from the Land        other jurisdiction that remains unobligated as of
                                                                                                              September 30, 2011, shall be reapportioned, to-                        CONSTRUCTION
                                                      and Water Conservation Fund.
                                                                                                              gether with funds appropriated in 2012, in the          For construction, improvements, repair or re-
                                                              NATIONAL WILDLIFE REFUGE FUND                   manner provided herein.                               placement of physical facilities, including a por-
                                                        For expenses necessary to implement the Act                      ADMINISTRATIVE PROVISIONS                  tion of the expense for the modifications author-
                                                      of October 17, 1978 (16 U.S.C. 715s), $14,500,000.        The Fish and Wildlife Service may carry out         ized by section 104 of the Everglades National
                                                      NORTH AMERICAN WETLANDS CONSERVATION FUND               the operations of Service programs by direct ex-      Park Protection and Expansion Act of 1989,
                                                        For expenses necessary to carry out the provi-        penditure, contracts, grants, cooperative agree-      $219,731,000, to remain available until expended.
                                                      sions of the North American Wetlands Conserva-          ments and reimbursable agreements with public              LAND AND WATER CONSERVATION FUND
                                                      tion Act, as amended (16 U.S.C. 4401–4414),             and private entities. Appropriations and funds                          (RESCISSION)
                                                                                                              available to the United States Fish and Wildlife
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                                                      $45,147,000, to remain available until expended.
                                                                                                                                                                      The contract authority provided for fiscal
                                                       NEOTROPICAL MIGRATORY BIRD CONSERVATION                Service shall be available for repair of damage
                                                                                                                                                                    year 2010 by 16 U.S.C. 460l–10a is rescinded.
                                                                                                              to public roads within and adjacent to reserva-
                                                        For expenses necessary to carry out the                                                                         LAND ACQUISITION AND STATE ASSISTANCE
                                                                                                              tion areas caused by operations of the Service;
                                                      Neotropical Migratory Bird Conservation Act,
                                                                                                              options for the purchase of land at not to exceed       For expenses necessary to carry out the Land
                                                      as amended, (16 U.S.C. 6101 et seq.), $5,000,000,
                                                                                                              $1 for each option; facilities incident to such       and Water Conservation Act of 1965, as amend-
                                                      to remain available until expended.
                                                                                                              public recreational uses on conservation areas        ed (16 U.S.C. 460l–4 through 11), including ad-
                                                        MULTINATIONAL SPECIES CONSERVATION FUND               as are consistent with their primary purpose;         ministrative expenses, and for acquisition of
                                                        For expenses necessary to carry out the Afri-         and the maintenance and improvement of                lands or waters, or interest therein, in accord-
                                                      can Elephant Conservation Act (16 U.S.C. 4201–          aquaria, buildings, and other facilities under        ance with the statutory authority applicable to
                                                      4203, 4211–4214, 4221–4225, 4241–4246, and 1538),       the jurisdiction of the Service and to which the      the National Park Service, $118,586,000, to be de-
                                                      the Asian Elephant Conservation Act of 1997 (16         United States has title, and which are used pur-      rived from the Land and Water Conservation




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                        S9875
                                                      Fund and to remain available until expended, of         for the furnishing of topographic maps and for          For an additional amount, $10,000,000, to re-
                                                      which $35,000,000 is for the State assistance pro-      the making of geophysical or other specialized        main available until expended, which shall be
                                                      gram and of which $4,000,000 shall be for the           surveys when it is administratively determined        derived from non-refundable inspection fees col-
                                                      American Battlefield Protection Program grants          that such procedures are in the public interest;      lected in fiscal year 2010, as provided in this
                                                      as authorized by section 7301 of the Omnibus            construction and maintenance of necessary             Act: Provided, That to the extent that such
                                                      Public Land Management Act of 2009 (Public              buildings and appurtenant facilities; acquisition     amounts are not realized from such fees, the
                                                      Law 111–11).                                            of lands for gauging stations and observation         amount needed to reach $10,000,000 shall be
                                                                 ADMINISTRATIVE PROVISIONS                    wells; expenses of the United States National         credited to this appropriation from receipts re-
                                                                                                              Committee on Geology; and payment of com-             sulting from rental rates for Outer Continental
                                                              (INCLUDING TRANSFER OF FUNDS)
                                                                                                              pensation and expenses of persons on the rolls        Shelf leases in effect before August 5, 1993.
                                                         In addition to other uses set forth in section       of the Survey duly appointed to represent the
                                                      407(d) of Public Law 105–391, franchise fees                                                                                 OIL SPILL RESEARCH
                                                                                                              United States in the negotiation and adminis-
                                                      credited to a sub-account shall be available for        tration of interstate compacts: Provided, That          For necessary expenses to carry out title I,
                                                      expenditure by the Secretary, without further           activities funded by appropriations herein made       section 1016, title IV, sections 4202 and 4303, title
                                                      appropriation, for use at any unit within the           may be accomplished through the use of con-           VII, and title VIII, section 8201 of the Oil Pollu-
                                                      National Park System to extinguish or reduce li-        tracts, grants, or cooperative agreements as de-      tion Act of 1990, $6,303,000, which shall be de-
                                                      ability for Possessory Interest or leasehold sur-       fined in 31 U.S.C. 6302 et seq.: Provided further,    rived from the Oil Spill Liability Trust Fund, to
                                                      render interest. Such funds may only be used            That the United States Geological Survey may          remain available until expended.
                                                      for this purpose to the extent that the benefiting      enter into contracts or cooperative agreements                   ADMINISTRATIVE PROVISION
                                                      unit anticipated franchise fee receipts over the        directly with individuals or indirectly with in-        Notwithstanding the provisions of section
                                                      term of the contract at that unit exceed the            stitutions or nonprofit organizations, without        35(b) of the Mineral Leasing Act, as amended
                                                      amount of funds used to extinguish or reduce li-        regard to 41 U.S.C. 5, for the temporary or inter-    (30 U.S.C. 191(b)), the Secretary shall deduct 2
                                                      ability. Franchise fees at the benefiting unit          mittent services of students or recent graduates,     percent from the amount payable to each State
                                                      shall be credited to the sub-account of the origi-      who shall be considered employees for the pur-        in fiscal year 2010 and deposit the amount de-
                                                      nating unit over a period not to exceed the term        pose of chapters 57 and 81 of title 5, United         ducted to miscellaneous receipts of the Treas-
                                                      of a single contract at the benefiting unit, in the     States Code, relating to compensation for travel      ury.
                                                      amount of funds so expended to extinguish or            and work injuries, and chapter 171 of title 28,        OFFICE OF SURFACE MINING RECLAMATION AND
                                                      reduce liability.                                       United States Code, relating to tort claims, but
                                                         For the costs of administration of the Land                                                                                 ENFORCEMENT
                                                                                                              shall not be considered to be Federal employees
                                                      and Water Conservation Fund grants author-                                                                              REGULATION AND TECHNOLOGY
                                                                                                              for any other purposes.
                                                      ized by section 105(a)(2)(B) of the Gulf of Mex-                                                                For necessary expenses to carry out the provi-
                                                                                                                       MINERALS MANAGEMENT SERVICE
                                                      ico Energy Security Act of 2006 (Public Law 109–                                                              sions of the Surface Mining Control and Rec-
                                                      432), the National Park Service may retain up to        ROYALTY AND OFFSHORE MINERALS MANAGEMENT
                                                                                                                                                                    lamation Act of 1977, Public Law 95–87, as
                                                      3 percent of the amounts which are authorized             For expenses necessary for minerals leasing         amended, $127,180,000, to remain available until
                                                      to be disbursed under such section, such re-            and environmental studies, regulation of indus-       September 30, 2011: Provided, That appropria-
                                                      tained amounts to remain available until ex-            try operations, and collection of royalties, as       tions for the Office of Surface Mining Reclama-
                                                      pended.                                                 authorized by law; for enforcing laws and regu-       tion and Enforcement may provide for the travel
                                                         National Park Service funds may be trans-            lations applicable to oil, gas, and other minerals    and per diem expenses of State and tribal per-
                                                      ferred to the Federal Highway Administration            leases, permits, licenses and operating contracts;    sonnel attending Office of Surface Mining Rec-
                                                      (FHWA), Department of Transportation, for               for energy-related or other authorized marine-        lamation and Enforcement sponsored training.
                                                      purposes authorized under 23 U.S.C. 204. Trans-         related purposes on the Outer Continental
                                                                                                                                                                          ABANDONED MINE RECLAMATION FUND
                                                      fers may include a reasonable amount for                Shelf; and for matching grants or cooperative
                                                                                                              agreements, $175,217,000, to remain available           For necessary expenses to carry out title IV of
                                                      FHWA administrative support costs.
                                                                                                              until September 30, 2011, of which $89,374,000        the Surface Mining Control and Reclamation
                                                             UNITED STATES GEOLOGICAL SURVEY                                                                        Act of 1977, Public Law 95–87, as amended,
                                                                                                              shall be available for royalty management ac-
                                                           SURVEYS, INVESTIGATIONS, AND RESEARCH                                                                    $39,588,000, to be derived from receipts of the
                                                                                                              tivities; and an amount not to exceed
                                                         For expenses necessary for the United States         $156,730,000, to be credited to this appropriation    Abandoned Mine Reclamation Fund and to re-
                                                      Geological Survey to perform surveys, investiga-        and to remain available until expended, from          main available until expended: Provided, That
                                                      tions, and research covering topography, geol-          additions to receipts resulting from increases to     pursuant to Public Law 97–365, the Department
                                                      ogy, hydrology, biology, and the mineral and            rates in effect on August 5, 1993, and from cost      of the Interior is authorized to use up to 20 per-
                                                      water resources of the United States, its terri-        recovery fees: Provided, That notwithstanding         cent from the recovery of the delinquent debt
                                                      tories and possessions, and other areas as au-          31 U.S.C. 3302, in fiscal year 2010, such amounts     owed to the United States Government to pay
                                                      thorized by 43 U.S.C. 31, 1332, and 1340; classify      as are assessed under 31 U.S.C. 9701 shall be col-    for contracts to collect these debts: Provided fur-
                                                      lands as to their mineral and water resources;          lected and credited to this account and shall be      ther, That funds made available under title IV
                                                      give engineering supervision to power permittees        available until expended for necessary expenses:      of Public Law 95–87 may be used for any re-
                                                      and Federal Energy Regulatory Commission li-            Provided further, That to the extent $156,730,000     quired non-Federal share of the cost of projects
                                                      censees; administer the minerals exploration            in addition to receipts are not realized from the     funded by the Federal Government for the pur-
                                                      program (30 U.S.C. 641); conduct inquiries into         sources of receipts stated above, the amount          pose of environmental restoration related to
                                                      the economic conditions affecting mining and            needed to reach $156,730,000 shall be credited to     treatment or abatement of acid mine drainage
                                                      materials processing industries (30 U.S.C. 3, 21a,      this appropriation from receipts resulting from       from abandoned mines: Provided further, That
                                                      and 1603; 50 U.S.C. 98g(1)) and related purposes        rental rates for Outer Continental Shelf leases       such projects must be consistent with the pur-
                                                      as authorized by law; and to publish and dis-           in effect before August 5, 1993: Provided further,    poses and priorities of the Surface Mining Con-
                                                      seminate data relative to the foregoing activi-         That the term ‘‘qualified Outer Continental           trol and Reclamation Act: Provided further,
                                                      ties; $1,104,340,000, to remain available until         Shelf revenues’’, as defined in section 102(9)(A)     That amounts provided under this heading may
                                                      September 30, 2011, of which $65,561,000 shall be       of the Gulf of Mexico Energy Security Act, divi-      be used for the travel and per diem expenses of
                                                      available only for cooperation with States or           sion C of Public Law 109–432, shall include only      State and tribal personnel attending Office of
                                                      municipalities for water resources investiga-           the portion of rental revenues that would have        Surface Mining Reclamation and Enforcement
                                                      tions; of which $40,150,000 shall remain avail-         been collected at the rental rates in effect before   sponsored training.
                                                      able until expended for satellite operations; and       August 5, 1993: Provided further, That not to ex-                ADMINISTRATIVE PROVISION
                                                      of which $7,321,000 shall be available until ex-        ceed $3,000 shall be available for reasonable ex-       With funds available for the Technical Inno-
                                                      pended for deferred maintenance and capital             penses related to promoting volunteer beach and       vation and Professional Services program in this
                                                      improvement projects that exceed $100,000 in            marine cleanup activities: Provided further,          Act, the Secretary may transfer title for com-
                                                      cost: Provided, That none of the funds provided         That notwithstanding any other provision of           puter hardware, software and other technical
                                                      for the biological research activity shall be used      law, $15,000 under this heading shall be avail-       equipment to State and tribal regulatory and
                                                      to conduct new surveys on private property, un-         able for refunds of overpayments in connection        reclamation programs.
                                                      less specifically authorized in writing by the          with certain Indian leases in which the Director
                                                      property owner: Provided further, That no part                                                                          BUREAU OF INDIAN AFFAIRS
                                                                                                              of MMS concurred with the claimed refund due,
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                                                      of this appropriation shall be used to pay more         to pay amounts owed to Indian allottees or
                                                                                                                                                                            OPERATION OF INDIAN PROGRAMS
                                                      than one-half the cost of topographic mapping           tribes, or to correct prior unrecoverable erro-                (INCLUDING TRANSFER OF FUNDS)
                                                      or water resources data collection and investiga-       neous payments: Provided further, That for the          For expenses necessary for the operation of
                                                      tions carried on in cooperation with States and         costs of administration of the Coastal Impact         Indian programs, as authorized by law, includ-
                                                      municipalities.                                         Assistance Program authorized by section 31 of        ing the Snyder Act of November 2, 1921 (25
                                                                 ADMINISTRATIVE PROVISIONS                    the Outer Continental Shelf Lands Act, as             U.S.C. 13), the Indian Self-Determination and
                                                        From within the amount appropriated for ac-           amended (43 U.S.C. 1456a), MMS in fiscal year         Education Assistance Act of 1975 (25 U.S.C. 450
                                                      tivities of the United States Geological Survey         2010 may retain up to 4 percent of the amounts        et seq.), as amended, the Education Amend-
                                                      such sums as are necessary shall be available for       which are disbursed under section 31(b)(1), such      ments of 1978 (25 U.S.C. 2001–2019), and the
                                                      reimbursement to the General Services Adminis-          retained amounts to remain available until ex-        Tribally Controlled Schools Act of 1988 (25
                                                      tration for security guard services; contracting        pended.                                               U.S.C. 2501 et seq.), as amended, $2,309,322,000,




                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00015   Fmt 0624   Sfmt 6333   E:\RECORD09\RECFILES\S25SE9.REC     S25SE9
                                                      S9876                                             CONGRESSIONAL RECORD — SENATE                                                    September 25, 2009
                                                      to remain available until September 30, 2011 ex-        to 25 U.S.C. 13 shall be made available on a              Appropriations for the Bureau of Indian Af-
                                                      cept as otherwise provided herein; of which not         nonreimbursable basis: Provided further, That          fairs (except the Revolving Fund for Loans Liq-
                                                      to exceed $8,500 may be for official reception          for fiscal year 2010, in implementing new con-         uidating Account, Indian Loan Guaranty and
                                                      and representation expenses; of which not to ex-        struction or facilities improvement and repair         Insurance Fund Liquidating Account, Indian
                                                      ceed $74,915,000 shall be for welfare assistance        project grants in excess of $100,000 that are pro-     Guaranteed Loan Financing Account, Indian
                                                      payments: Provided, That in cases of designated         vided to grant schools under Public Law 100–           Direct Loan Financing Account, and the Indian
                                                      Federal disasters, the Secretary may exceed             297, as amended, the Secretary of the Interior         Guaranteed Loan Program account) shall be
                                                      such cap, from the amounts provided herein, to          shall use the Administrative and Audit Require-        available for expenses of exhibits.
                                                      provide for disaster relief to Indian communities       ments and Cost Principles for Assistance Pro-             Notwithstanding any other provision of law,
                                                      affected by the disaster; of which, notwith-            grams contained in 43 CFR part 12 as the regu-         no funds available to the Bureau of Indian Af-
                                                      standing any other provision of law, including          latory requirements: Provided further, That            fairs for central office oversight and Executive
                                                      but not limited to the Indian Self-Determination        such grants shall not be subject to section 12.61      Direction and Administrative Services (except
                                                      Act of 1975, as amended, not to exceed                  of 43 CFR; the Secretary and the grantee shall         executive direction and administrative services
                                                      $154,794,000 shall be available for payments for        negotiate and determine a schedule of payments         funding for Tribal Priority Allocations, regional
                                                      contract support costs associated with ongoing          for the work to be performed: Provided further,        offices, and facilities operations and mainte-
                                                      contracts, grants, compacts, or annual funding          That in considering grant applications, the Sec-       nance) shall be available for contracts, grants,
                                                      agreements entered into with the Bureau prior           retary shall consider whether such grantee             compacts, or cooperative agreements with the
                                                      to or during fiscal year 2010, as authorized by         would be deficient in assuring that the con-           Bureau of Indian Affairs under the provisions
                                                      such Act, except that tribes and tribal organiza-       struction projects conform to applicable building      of the Indian Self-Determination Act or the
                                                      tions may use their tribal priority allocations for     standards and codes and Federal, tribal, or            Tribal Self-Governance Act of 1994 (Public Law
                                                      unmet contract support costs of ongoing con-            State health and safety standards as required          103–413).
                                                      tracts, grants, or compacts, or annual funding          by 25 U.S.C. 2005(b), with respect to organiza-           In the event any tribe returns appropriations
                                                      agreements and for unmet welfare assistance             tional and financial management capabilities:          made available by this Act to the Bureau of In-
                                                      costs; of which not to exceed $566,702,000 for          Provided further, That if the Secretary declines       dian Affairs, this action shall not diminish the
                                                      school operations costs of Bureau-funded                a grant application, the Secretary shall follow        Federal Government’s trust responsibility to
                                                      schools and other education programs shall be-          the requirements contained in 25 U.S.C. 2504(f):       that tribe, or the government-to-government re-
                                                      come available on July 1, 2010, and shall remain        Provided further, That any disputes between            lationship between the United States and that
                                                      available until September 30, 2011; of which            the Secretary and any grantee concerning a             tribe, or that tribe’s ability to access future ap-
                                                      $25,000,000 shall be for public safety and justice      grant shall be subject to the disputes provision       propriations.
                                                      programs as authorized by the Emergency Fund            in 25 U.S.C. 2507(e): Provided further, That in           Notwithstanding any other provision of law,
                                                      for Indian Safety and Health, established by            order to ensure timely completion of construc-         no funds available to the Bureau, other than
                                                      section 601 of Public Law 110–293 (25 U.S.C.            tion projects, the Secretary may assume control        the amounts provided herein for assistance to
                                                      443c); and of which not to exceed $60,958,000           of a project and all funds related to the project,     public schools under 25 U.S.C. 452 et seq., shall
                                                      shall remain available until expended for hous-         if, within eighteen months of the date of enact-       be available to support the operation of any ele-
                                                      ing improvement, road maintenance, attorney             ment of this Act, any grantee receiving funds          mentary or secondary school in the State of
                                                      fees, litigation support, the Indian Self-Deter-        appropriated in this Act or in any prior Act, has      Alaska.
                                                      mination Fund, land records improvement, and            not completed the planning and design phase of            Appropriations made available in this or any
                                                      the Navajo-Hopi Settlement Program: Provided            the project and commenced construction: Pro-           other Act for schools funded by the Bureau
                                                      further, That notwithstanding any other provi-          vided further, That this appropriation may be          shall be available only to the schools in the Bu-
                                                      sion of law, including but not limited to the In-       reimbursed from the Office of the Special Trust-       reau school system as of September 1, 1996. No
                                                      dian Self-Determination Act of 1975, as amend-          ee for American Indians appropriation for the          funds available to the Bureau shall be used to
                                                      ed, and 25 U.S.C. 2008, not to exceed $43,373,000       appropriate share of construction costs for space      support expanded grades for any school or dor-
                                                      within and only from such amounts made avail-           expansion needed in agency offices to meet trust       mitory beyond the grade structure in place or
                                                      able for school operations shall be available for       reform implementation.                                 approved by the Secretary of the Interior at
                                                      administrative cost grants associated with ongo-                                                               each school in the Bureau school system as of
                                                                                                                   INDIAN LAND AND WATER CLAIM SETTLEMENTS
                                                      ing grants entered into with the Bureau prior to                                                               October 1, 1995. Funds made available under
                                                                                                                    AND MISCELLANEOUS PAYMENTS TO INDIANS
                                                      or during fiscal year 2009 for the operation of                                                                this Act may not be used to establish a charter
                                                                                                                For payments and necessary administrative            school at a Bureau-funded school (as that term
                                                      Bureau-funded schools, and up to $500,000 with-
                                                                                                              expenses for implementation of Indian land and         is defined in section 1146 of the Education
                                                      in and only from such amounts made available
                                                                                                              water claim settlements pursuant to Public             Amendments of 1978 (25 U.S.C. 2026)), except
                                                      for administrative cost grants shall be available
                                                                                                              Laws 99–264, 100–580, 101–618, 108–447, 109–379,       that a charter school that is in existence on the
                                                      for the transitional costs of initial administra-
                                                                                                              109–479, 110–297, and 111–11, and for implemen-        date of the enactment of this Act and that has
                                                      tive cost grants to grantees that assume oper-
                                                                                                              tation of other land and water rights settle-          operated at a Bureau-funded school before Sep-
                                                      ation on or after July 1, 2009, of Bureau-funded
                                                                                                              ments, $47,380,000, to remain available until ex-      tember 1, 1999, may continue to operate during
                                                      schools: Provided further, That any forestry
                                                                                                              pended.                                                that period, but only if the charter school pays
                                                      funds allocated to a tribe which remain unobli-
                                                      gated as of September 30, 2011, may be trans-                    INDIAN LAND CONSOLIDATION, BIA                to the Bureau a pro rata share of funds to reim-
                                                      ferred during fiscal year 2012 to an Indian forest        For consolidation of fractional interests in In-     burse the Bureau for the use of the real and per-
                                                      land assistance account established for the ben-        dian lands and expenses associated with rede-          sonal property (including buses and vans), the
                                                      efit of the holder of the funds within the hold-        termining and redistributing escheated interests       funds of the charter school are kept separate
                                                      er’s trust fund account: Provided further, That         in allotted lands, and for necessary expenses to       and apart from Bureau funds, and the Bureau
                                                      any such unobligated balances not so trans-             carry out the Indian Land Consolidation Act of         does not assume any obligation for charter
                                                      ferred shall expire on September 30, 2012: Pro-         1983, as amended, by direct expenditure or coop-       school programs of the State in which the school
                                                      vided further, That in order to enhance the             erative agreement, $3,000,000, to remain avail-        is located if the charter school loses such fund-
                                                      safety of Bureau field employees, the Bureau            able until expended.                                   ing. Employees of Bureau-funded schools shar-
                                                      may use funds to purchase uniforms or other                  INDIAN GUARANTEED LOAN PROGRAM ACCOUNT            ing a campus with a charter school and per-
                                                      identifying articles of clothing for personnel.           For the cost of guaranteed loans and insured         forming functions related to the charter schools
                                                                        CONSTRUCTION                          loans, $8,215,000, of which $1,629,000 is for ad-      operation and employees of a charter school
                                                                                                              ministrative expenses, as authorized by the In-        shall not be treated as Federal employees for
                                                              (INCLUDING TRANSFER OF FUNDS)
                                                                                                              dian Financing Act of 1974, as amended: Pro-           purposes of chapter 171 of title 28, United States
                                                        For construction, repair, improvement, and                                                                   Code.
                                                      maintenance of irrigation and power systems,            vided, That such costs, including the cost of
                                                                                                              modifying such loans, shall be as defined in sec-         Notwithstanding any other provision of law,
                                                      buildings, utilities, and other facilities, includ-                                                            including section 113 of title I of appendix C of
                                                      ing architectural and engineering services by           tion 502 of the Congressional Budget Act of 1974:
                                                                                                              Provided further, That these funds are available       Public Law 106–113, if in fiscal year 2003 or 2004
                                                      contract; acquisition of lands, and interests in                                                               a grantee received indirect and administrative
                                                      lands; and preparation of lands for farming,            to subsidize total loan principal, any part of
                                                                                                              which is to be guaranteed or insured, not to ex-       costs pursuant to a distribution formula based
                                                      and for construction of the Navajo Indian Irri-                                                                on section 5(f) of Public Law 101–301, the Sec-
                                                      gation Project pursuant to Public Law 87–483,           ceed $93,807,956.
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                                                                                                                                                                     retary shall continue to distribute indirect and
                                                      $225,000,000, to remain available until expended:                   ADMINISTRATIVE PROVISIONS
                                                                                                                                                                     administrative cost funds to such grantee using
                                                      Provided, That such amounts as may be avail-              The Bureau of Indian Affairs may carry out           the section 5(f) distribution formula.
                                                      able for the construction of the Navajo Indian          the operation of Indian programs by direct ex-                      DEPARTMENTAL OFFICES
                                                      Irrigation Project may be transferred to the Bu-        penditure, contracts, cooperative agreements,
                                                      reau of Reclamation: Provided further, That not         compacts and grants, either directly or in co-                     OFFICE OF THE SECRETARY
                                                      to exceed 6 percent of contract authority avail-        operation with States and other organizations.                      SALARIES AND EXPENSES
                                                      able to the Bureau of Indian Affairs from the             Notwithstanding 25 U.S.C. 15, the Bureau of            For necessary expenses for management of the
                                                      Federal Highway Trust Fund may be used to               Indian Affairs may contract for services in sup-       Department of the Interior, $118,836,000; of
                                                      cover the road program management costs of the          port of the management, operation, and mainte-         which not to exceed $25,000 may be for official
                                                      Bureau: Provided further, That any funds pro-           nance of the Power Division of the San Carlos          reception and representation expenses; and of
                                                      vided for the Safety of Dams program pursuant           Irrigation Project.                                    which up to $1,000,000 shall be available for




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                       S9877
                                                      workers compensation payments and unemploy-             306(a)(1) of the Consolidated Farm and Rural          funds made available through contracts or
                                                      ment compensation payments associated with              Development Act for construction and repair           grants obligated during fiscal year 2010, as au-
                                                      the orderly closure of the United States Bureau         projects in Guam, and such funds shall remain         thorized by the Indian Self-Determination Act
                                                      of Mines: Provided, That, for fiscal year 2010 up       available until expended: Provided further,           of 1975 (25 U.S.C. 450 et seq.), shall remain
                                                      to $400,000 of the payments authorized by the           That such costs, including the cost of modifying      available until expended by the contractor or
                                                      Act of October 20, 1976, as amended (31 U.S.C.          such loans, shall be as defined in section 502 of     grantee: Provided further, That, notwith-
                                                      6901–6907) may be retained for administrative           the Congressional Budget Act of 1974: Provided        standing any other provision of law, the statute
                                                      expenses of the Payments in Lieu of Taxes Pro-          further, That such loans or loan guarantees           of limitations shall not commence to run on any
                                                      gram: Provided further, That no payment shall           may be made without regard to the population          claim, including any claim in litigation pending
                                                      be made pursuant to that Act to otherwise eligi-        of the area, credit elsewhere requirements, and       on the date of the enactment of this Act, con-
                                                      ble units of local government if the computed           restrictions on the types of eligible entities        cerning losses to or mismanagement of trust
                                                      amount of the payment is less than $100: Pro-           under the Rural Electrification Act of 1936 and       funds, until the affected tribe or individual In-
                                                      vided further, That for fiscal years 2008 through       section 306(a)(1) of the Consolidated Farm and        dian has been furnished with an accounting of
                                                      2012 the Secretary may reduce the payment au-           Rural Development Act: Provided further, That         such funds from which the beneficiary can de-
                                                      thorized by 31 U.S.C. 6901–6907, as amended, for        any funds transferred to the Secretary of Agri-       termine whether there has been a loss: Provided
                                                      an individual county by the amount necessary            culture shall be in addition to funds otherwise       further, That, notwithstanding any other provi-
                                                      to correct prior year overpayments to that coun-        made available to make or guarantee loans             sion of law, the Secretary shall not be required
                                                      ty: Provided further, That for fiscal years 2008        under such authorities.                               to provide a quarterly statement of performance
                                                      through 2012 the amount needed to correct a                       COMPACT OF FREE ASSOCIATION                 for any Indian trust account that has not had
                                                      prior year underpayment to an individual coun-                                                                activity for at least 18 months and has a bal-
                                                      ty shall be paid from any reductions for over-            For grants and necessary expenses, $5,318,000,
                                                                                                              to remain available until expended, as provided       ance of $15.00 or less: Provided further, That the
                                                      payments to other counties and the amount nec-                                                                Secretary shall issue an annual account state-
                                                      essary to cover any remaining underpayment is           for in sections 221(a)(2), 221(b), and 233 of the
                                                                                                              Compact of Free Association for the Republic of       ment and maintain a record of any such ac-
                                                      hereby appropriated and shall be paid to indi-                                                                counts and shall permit the balance in each
                                                      vidual counties using current fiscal year funds.        Palau; and section 221(a)(2) of the Compacts of
                                                                                                              Free Association for the Government of the Re-        such account to be withdrawn upon the express
                                                                       INSULAR AFFAIRS                        public of the Marshall Islands and the Fed-           written request of the account holder: Provided
                                                                 ASSISTANCE TO TERRITORIES                    erated States of Micronesia, as authorized by         further, That not to exceed $50,000 is available
                                                         For expenses necessary for assistance to terri-      Public Law 99–658 and Public Law 108–188: Pro-        for the Secretary to make payments to correct
                                                      tories under the jurisdiction of the Department         vided further, That at the request of the Gov-        administrative errors of either disbursements
                                                      of the Interior, $81,095,000, of which: (1)             ernor of Guam, the Secretary may transfer any         from or deposits to Individual Indian Money or
                                                      $71,815,000 shall remain available until ex-            mandatory or discretionary funds appropriated,        Tribal accounts after September 30, 2002: Pro-
                                                      pended for technical assistance, including main-        including those provided under section 104(e) of      vided further, That erroneous payments that are
                                                      tenance assistance, disaster assistance, insular        Public Law 108–188, to the Secretary of Agri-         recovered shall be credited to and remain avail-
                                                      management controls, coral reef initiative activi-      culture for the subsidy cost of direct or guaran-     able in this account for this purpose.
                                                      ties, and brown tree snake control and research;        teed loans, plus not to exceed 3 percent of the                 DEPARTMENT-WIDE PROGRAMS
                                                      grants to the judiciary in American Samoa for           amount of the subsidy transferred for the cost of               WILDLAND FIRE MANAGEMENT
                                                      compensation and expenses, as authorized by             loan administration, for the purposes authorized
                                                      law (48 U.S.C. 1661(c)); grants to the Govern-                                                                        (INCLUDING TRANSFERS OF FUNDS)
                                                                                                              by the Rural Electrification Act of 1936 and sec-
                                                      ment of American Samoa, in addition to current          tion 306(a)(1) of the Consolidated Farm and              For necessary expenses for fire preparedness,
                                                      local revenues, for construction and support of         Rural Development Act for construction and re-        suppression operations, fire science and re-
                                                      governmental functions; grants to the Govern-           pair projects in Guam, and such funds shall re-       search, emergency rehabilitation, hazardous
                                                      ment of the Virgin Islands as authorized by law;        main available until expended: Provided fur-          fuels reduction, and rural fire assistance by the
                                                      grants to the Government of Guam, as author-            ther, That such costs, including the cost of          Department of the Interior, $904,637,000, to re-
                                                      ized by law; and grants to the Government of            modifying such loans, shall be as defined in sec-     main available until expended, of which not to
                                                      the Northern Mariana Islands as authorized by           tion 502 of the Congressional Budget Act of 1974:     exceed $6,137,000 shall be for the renovation or
                                                      law (Public Law 94–241; 90 Stat. 272); and (2)          Provided further, That such loans or loan guar-       construction of fire facilities: Provided, That
                                                      $9,280,000 shall be available until September 30,       antees may be made without regard to the popu-        such funds are also available for repayment of
                                                      2011 for salaries and expenses of the Office of         lation of the area, credit elsewhere require-         advances to other appropriation accounts from
                                                      Insular Affairs: Provided, That all financial           ments, and restrictions on the types of eligible      which funds were previously transferred for
                                                      transactions of the territorial and local govern-       entities under the Rural Electrification Act of       such purposes: Provided further, That persons
                                                      ments herein provided for, including such trans-        1936 and section 306(a)(1) of the Consolidated        hired pursuant to 43 U.S.C. 1469 may be fur-
                                                      actions of all agencies or instrumentalities es-        Farm and Rural Development Act: Provided fur-         nished subsistence and lodging without cost
                                                      tablished or used by such governments, may be           ther, That any funds transferred to the Sec-          from funds available from this appropriation:
                                                      audited by the Government Accountability Of-            retary of Agriculture shall be in addition to         Provided further, That notwithstanding 42
                                                      fice, at its discretion, in accordance with chap-       funds otherwise made available to make or             U.S.C. 1856d, sums received by a bureau or of-
                                                      ter 35 of title 31, United States Code: Provided        guarantee loans under such authorities.               fice of the Department of the Interior for fire
                                                      further, That Northern Mariana Islands Cov-                          OFFICE OF THE SOLICITOR                  protection rendered pursuant to 42 U.S.C. 1856
                                                      enant grant funding shall be provided according                                                               et seq., protection of United States property,
                                                                                                                           SALARIES AND EXPENSES
                                                      to those terms of the Agreement of the Special                                                                may be credited to the appropriation from which
                                                      Representatives on Future United States Finan-             For necessary expenses of the Office of the So-    funds were expended to provide that protection,
                                                      cial Assistance for the Northern Mariana Is-            licitor, $65,076,000.                                 and are available without fiscal year limitation:
                                                      lands approved by Public Law 104–134: Provided                     OFFICE OF INSPECTOR GENERAL                Provided further, That using the amounts des-
                                                      further, That the funds for the program of oper-                     SALARIES AND EXPENSES                    ignated under this title of this Act, the Sec-
                                                      ations and maintenance improvement are appro-             For necessary expenses of the Office of In-         retary of the Interior may enter into procure-
                                                      priated to institutionalize routine operations          spector General, $48,590,000.                         ment contracts, grants, or cooperative agree-
                                                      and maintenance improvement of capital infra-           OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN            ments, for hazardous fuels reduction activities,
                                                      structure with territorial participation and cost                            INDIANS                          and for training and monitoring associated with
                                                      sharing to be determined by the Secretary based                                                               such hazardous fuels reduction activities, on
                                                                                                                          FEDERAL TRUST PROGRAMS
                                                      on the grantee’s commitment to timely mainte-                                                                 Federal land, or on adjacent non-Federal land
                                                      nance of its capital assets: Provided further,                   (INCLUDING TRANSFER OF FUNDS)                for activities that benefit resources on Federal
                                                      That any appropriation for disaster assistance            For the operation of trust programs for Indi-       land: Provided further, That the costs of imple-
                                                      under this heading in this Act or previous ap-          ans by direct expenditure, contracts, cooperative     menting any cooperative agreement between the
                                                      propriations Acts may be used as non-Federal            agreements, compacts, and grants, $185,984,000,       Federal Government and any non-Federal enti-
                                                      matching funds for the purpose of hazard miti-          to remain available until expended, of which          ty may be shared, as mutually agreed on by the
                                                      gation grants provided pursuant to section 404          not to exceed $56,536,000 from this or any other      affected parties: Provided further, That not-
                                                      of the Robert T. Stafford Disaster Relief and           Act, shall be available for historical accounting,    withstanding requirements of the Competition in
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                                                      Emergency Assistance Act (42 U.S.C. 5170c):             and of which $1,500,000 shall be available for        Contracting Act, the Secretary, for purposes of
                                                      Provided further, That at the request of the            the estate planning assistance program under          hazardous fuels reduction activities, may obtain
                                                      Governor of Guam, the Secretary may transfer            section 207(f) of the Indian Land Consolidation       maximum practicable competition among: (1)
                                                      any mandatory or discretionary funds appro-             Act (25 U.S.C. 2206(f)): Provided, That funds for     local private, nonprofit, or cooperative entities;
                                                      priated, including those provided under Public          trust management improvements and litigation          (2) Youth Conservation Corps crews, Public
                                                      Law 104–134, to the Secretary of Agriculture for        support may, as needed, be transferred to or          Lands Corps (Public Law 109–154), or related
                                                      the subsidy cost of direct or guaranteed loans,         merged with the Bureau of Indian Affairs, ‘‘Op-       partnerships with State, local, or non-profit
                                                      plus not to exceed 3 percent of the amount of           eration of Indian Programs’’ account; the Office      youth groups; (3) small or micro-businesses; or
                                                      the subsidy transferred for the cost of loan ad-        of the Solicitor, ‘‘Salaries and Expenses’’ ac-       (4) other entities that will hire or train locally a
                                                      ministration, for the purposes authorized by the        count; and the Office of the Secretary, ‘‘Salaries    significant percentage, defined as 50 percent or
                                                      Rural Electrification Act of 1936 and section           and Expenses’’ account: Provided further, That        more, of the project workforce to complete such




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                                                      S9878                                              CONGRESSIONAL RECORD — SENATE                                                     September 25, 2009
                                                      contracts: Provided further, That in imple-              Center to State, local and tribal government em-        vided further, That such replenishment funds
                                                      menting this section, the Secretary shall develop        ployees or persons or organizations engaged in          shall be used to reimburse, on a pro rata basis,
                                                      written guidance to field units to ensure ac-            cultural, educational, or recreational activities       accounts from which emergency funds were
                                                      countability and consistent application of the           (as defined in 40 U.S.C. 3306(a)) at the pre-           transferred.
                                                      authorities provided herein: Provided further,           vailing rate for similar space, facilities, equip-                 AUTHORIZED USE OF FUNDS
                                                      That funds appropriated under this head may              ment, or services in the vicinity of the National         SEC. 103. Appropriations made to the Depart-
                                                      be used to reimburse the United States Fish and          Indian Program Training Center: Provided fur-           ment of the Interior in this title shall be avail-
                                                      Wildlife Service and the National Marine Fish-           ther, That all funds received pursuant to the           able for services as authorized by 5 U.S.C. 3109,
                                                      eries Service for the costs of carrying out their        two preceding provisos shall be credited to this        when authorized by the Secretary, in total
                                                      responsibilities under the Endangered Species            account, shall be available until expended, and         amount not to exceed $500,000; purchase and re-
                                                      Act of 1973 (16 U.S.C. 1531 et seq.) to consult          shall be used by the Secretary for necessary ex-        placement of motor vehicles, including specially
                                                      and conference, as required by section 7 of such         penses of the National Indian Program Training          equipped law enforcement vehicles; hire, mainte-
                                                      Act, in connection with wildland fire manage-            Center.                                                 nance, and operation of aircraft; hire of pas-
                                                      ment activities: Provided further, That the Sec-                     ADMINISTRATIVE PROVISION                    senger motor vehicles; purchase of reprints; pay-
                                                      retary of the Interior may use wildland fire ap-           There is hereby authorized for acquisition            ment for telephone service in private residences
                                                      propriations to enter into non-competitive sole          from available resources within the Working             in the field, when authorized under regulations
                                                      source leases of real property with local govern-        Capital Fund, 15 aircraft, 10 of which shall be         approved by the Secretary; and the payment of
                                                      ments, at or below fair market value, to con-            for replacement and which may be obtained by            dues, when authorized by the Secretary, for li-
                                                      struct capitalized improvements for fire facilities      donation, purchase or through available excess          brary membership in societies or associations
                                                      on such leased properties, including but not lim-        surplus property: Provided, That existing air-          which issue publications to members only or at
                                                      ited to fire guard stations, retardant stations,         craft being replaced may be sold, with proceeds         a price to members lower than to subscribers
                                                      and other initial attack and fire support facili-        derived or trade-in value used to offset the pur-       who are not members.
                                                      ties, and to make advance payments for any               chase price for the replacement aircraft.                          AUTHORIZED USE OF FUNDS
                                                      such lease or for construction activity associated
                                                                                                                  GENERAL PROVISIONS, DEPARTMENT OF THE                  SEC. 104. Appropriations made in this Act
                                                      with the lease: Provided further, That the Sec-
                                                                                                                                    INTERIOR                           under the headings Bureau of Indian Affairs
                                                      retary of the Interior and the Secretary of Agri-
                                                                                                                   EMERGENCY TRANSFER AUTHORITY—INTRA-                 and Office of the Special Trustee for American
                                                      culture may authorize the transfer of funds ap-
                                                                                                                                     BUREAU                            Indians and any unobligated balances from
                                                      propriated for wildland fire management, in an
                                                      aggregate amount not to exceed $10,000,000, be-                   (INCLUDING TRANSFERS OF FUNDS)                 prior appropriations Acts made under the same
                                                      tween the Departments when such transfers                   SEC. 101. Appropriations made in this title          headings shall be available for expenditure or
                                                      would facilitate and expedite jointly funded             shall be available for expenditure or transfer          transfer for Indian trust management and re-
                                                      wildland fire management programs and                    (within each bureau or office), with the ap-            form activities. Total funding for historical ac-
                                                      projects: Provided further, That funds provided          proval of the Secretary, for the emergency re-          counting activities shall not exceed amounts
                                                      for wildfire suppression shall be available for          construction, replacement, or repair of aircraft,       specifically designated in this Act for such pur-
                                                      support of Federal emergency response actions.           buildings, utilities, or other facilities or equip-     pose.
                                                           CENTRAL HAZARDOUS MATERIALS FUND                    ment damaged or destroyed by fire, flood, storm,                   REDISTRIBUTION OF FUNDS
                                                         For necessary expenses of the Department of           or other unavoidable causes: Provided, That no            SEC. 105. Notwithstanding any other provision
                                                      the Interior and any of its component offices            funds shall be made available under this au-            of law, the Secretary of the Interior is author-
                                                      and bureaus for the response action, including           thority until funds specifically made available         ized to redistribute any Tribal Priority Alloca-
                                                      associated activities, performed pursuant to the         to the Department of the Interior for emer-             tion funds, including tribal base funds, to al-
                                                      Comprehensive Environmental Response, Com-               gencies shall have been exhausted.                      leviate tribal funding inequities by transferring
                                                      pensation, and Liability Act, as amended (42                     EMERGENCY TRANSFER AUTHORITY—                   funds to address identified, unmet needs, dual
                                                      U.S.C. 9601 et seq.), $10,175,000, to remain avail-                      DEPARTMENT-WIDE                         enrollment, overlapping service areas or inac-
                                                      able until expended: Provided, That Public Law              SEC. 102. The Secretary may authorize the ex-        curate distribution methodologies. No federally
                                                      110–161 (121 Stat. 2116) under this heading is           penditure or transfer of any no year appropria-         recognized tribe shall receive a reduction in
                                                      amended by striking ‘‘in advance of or as reim-          tion in this title, for the suppression or emer-        Tribal Priority Allocation funds of more than 10
                                                      bursement for remedial action or response activi-        gency prevention of wildland fires on or threat-        percent in fiscal year 2010. Under circumstances
                                                      ties conducted by the Department pursuant to             ening lands under the jurisdiction of the De-           of dual enrollment, overlapping service areas or
                                                      section 107 or 113(f) of such Act’’ and inserting        partment of the Interior; for the emergency re-         inaccurate distribution methodologies, the 10
                                                      in lieu thereof ‘‘including any fines or pen-            habilitation of burned-over lands under its ju-         percent limitation does not apply.
                                                      alties’’.                                                risdiction; for emergency actions related to po-                 TWIN CITIES RESEARCH CENTER
                                                        NATURAL RESOURCE DAMAGE ASSESSMENT AND                 tential or actual earthquakes, floods, volcanoes,         SEC. 106. Notwithstanding any other provision
                                                                     RESTORATION                               storms, or other unavoidable causes; for contin-        of law, in conveying the Twin Cities Research
                                                                                                               gency planning subsequent to actual oil spills;         Center under the authority provided by Public
                                                       NATURAL RESOURCE DAMAGE ASSESSMENT FUND
                                                                                                               for response and natural resource damage as-            Law 104–134, as amended by Public Law 104–
                                                        To conduct natural resource damage assess-             sessment activities related to actual oil spills; for
                                                      ment and restoration activities by the Depart-                                                                   208, the Secretary may accept and retain land
                                                                                                               the prevention, suppression, and control of ac-         and other forms of reimbursement: Provided,
                                                      ment of the Interior necessary to carry out the          tual or potential grasshopper and Mormon
                                                      provisions of the Comprehensive Environmental                                                                    That the Secretary may retain and use any such
                                                                                                               cricket outbreaks on lands under the jurisdic-          reimbursement until expended and without fur-
                                                      Response, Compensation, and Liability Act, as            tion of the Secretary, pursuant to the authority
                                                      amended (42 U.S.C. 9601 et seq.), the Federal                                                                    ther appropriation: (1) for the benefit of the Na-
                                                                                                               in section 1773(b) of Public Law 99–198 (99 Stat.       tional Wildlife Refuge System within the State
                                                      Water Pollution Control Act, as amended (33              1658); for emergency reclamation projects under
                                                      U.S.C. 1251 et seq.), the Oil Pollution Act of 1990                                                              of Minnesota; and (2) for all activities author-
                                                                                                               section 410 of Public Law 95–87; and shall trans-       ized by 16 U.S.C. 460zz.
                                                      (33 U.S.C. 2701 et seq.), and Public Law 101–337,        fer, from any no year funds available to the Of-
                                                      as amended (16 U.S.C. 19jj et seq.), $6,462,000, to                                                                              PAYMENT OF FEES
                                                                                                               fice of Surface Mining Reclamation and En-
                                                      remain available until expended.                         forcement, such funds as may be necessary to              SEC. 107. The Secretary of the Interior may
                                                                      WORKING CAPITAL FUND                     permit assumption of regulatory authority in            use discretionary funds to pay private attorney
                                                        For the acquisition of a departmental finan-           the event a primacy State is not carrying out           fees and costs for employees and former employ-
                                                      cial and business management system and infor-           the regulatory provisions of the Surface Mining         ees of the Department of the Interior reasonably
                                                      mation technology improvements of general ben-           Act: Provided, That appropriations made in this         incurred in connection with Cobell v. Salazar to
                                                      efit to the Department, $85,823,000, to remain           title for wildland fire operations shall be avail-      the extent that such fees and costs are not paid
                                                      available until expended: Provided, That none            able for the payment of obligations incurred            by the Department of Justice or by private in-
                                                      of the funds in this Act or previous appropria-          during the preceding fiscal year, and for reim-         surance. In no case shall the Secretary make
                                                      tions Acts may be used to establish reserves in          bursement to other Federal agencies for destruc-        payments under this section that would result
                                                      the Working Capital Fund account other than              tion of vehicles, aircraft, or other equipment in       in payment of hourly fees in excess of the high-
                                                      for accrued annual leave and depreciation of             connection with their use for wildland fire oper-       est hourly rate approved by the District Court
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                                                      equipment without prior approval of the House            ations, such reimbursement to be credited to ap-        for the District of Columbia for counsel in Cobell
                                                      and Senate Committees on Appropriations: Pro-            propriations currently available at the time of         v. Salazar.
                                                      vided further, That the Secretary may assess             receipt thereof: Provided further, That for                  ELLIS, GOVERNORS, AND LIBERTY ISLANDS
                                                      reasonable charges to State, local and tribal            wildland fire operations, no funds shall be made          SEC. 108. Notwithstanding any other provision
                                                      government employees for training services pro-          available under this authority until the Sec-           of law, the Secretary of the Interior is author-
                                                      vided by the National Indian Program Training            retary determines that funds appropriated for           ized to acquire lands, waters, or interests there-
                                                      Center, other than training related to Public            ‘‘wildland fire operations’’ shall be exhausted         in including the use of all or part of any pier,
                                                      Law 93–638: Provided further, That the Sec-              within 30 days: Provided further, That all funds        dock, or landing within the State of New York
                                                      retary may lease or otherwise provide space and          used pursuant to this section must be replen-           and the State of New Jersey, for the purpose of
                                                      related facilities, equipment or professional serv-      ished by a supplemental appropriation which             operating and maintaining facilities in the sup-
                                                      ices of the National Indian Program Training             must be requested as promptly as possible: Pro-         port of transportation and accommodation of




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                        S9879
                                                      visitors to Ellis, Governors, and Liberty Islands,        (3) $6,000 for facilities with more than ten             (2) TERMS AND CONDITIONS.—In any agree-
                                                      and of other program and administrative activi-         wells, with any combination of active or inac-          ment entered into under paragraph (1), the Sec-
                                                      ties, by donation or with appropriated funds,           tive wells.                                             retary—
                                                      including franchise fees (and other monetary              (c) MMS will bill designated operators within            (A) shall require the organization admin-
                                                      consideration), or by exchange; and the Sec-            60 days of enactment of this Act, with payment          istering or managing the historic attraction to
                                                      retary is authorized to negotiate and enter into        required within 30 days of billing.                     pay to the Secretary a reasonable fee to recover
                                                      leases, subleases, concession contracts or other              YOSEMITE NATIONAL PARK AUTHORIZED                 administrative costs of the Secretary associated
                                                      agreements for the use of such facilities on such                   PAYMENTS, AMENDMENT                         with the use of the Visitor Center for public ac-
                                                      terms and conditions as the Secretary may de-                                                                   cess and ticket sales;
                                                                                                                 SEC. 114. Section 101(a)(1) of Public Law 109–
                                                      termine reasonable.                                                                                                (B) shall ensure that the liability of the
                                                                                                              131 is amended by striking ‘‘2009’’ and inserting
                                                                PROHIBITION ON USE OF FUNDS                                                                           United States is limited with respect to any li-
                                                                                                              ‘‘2013’’.
                                                                                                                                                                      ability arising from—
                                                        SEC. 109. (a) Any proposed new use of the Ari-          NORTHERN PLAINS HERITAGE AREA, AMENDMENT                 (i) the admission of the public through the
                                                      zona & California Railroad Company’s Right of
                                                                                                                 SEC. 115. Section 8004 of the Omnibus Public         Visitor Center to a historic attraction; and
                                                      Way for conveyance of water shall not proceed
                                                                                                              Land Management Act of 2009 (Public Law 111–               (ii) the sale or issuance of any tickets to the
                                                      unless the Secretary of the Interior certifies that
                                                                                                              11; 123 Stat. 1240) is amended—                         historic attraction; and
                                                      the proposed new use is within the scope of the
                                                                                                                 (1) by redesignating subsections (g) through            (C) may include any other terms and condi-
                                                      Right of Way.
                                                                                                              (i) as subsections (h) through (j), respectively;       tions that the Secretary determines to be appro-
                                                        (b) No funds appropriated or otherwise made
                                                                                                                 (2) in subsection (h)(1) (as redesignated by         priate.
                                                      available to the Department of the Interior may
                                                                                                              paragraph (1)), in the matter preceding sub-               (3) USE OF FEES.—The proceeds of any
                                                      be used, in relation to any proposal to store
                                                                                                              paragraph (A), by striking ‘‘subsection (i)’’ and       amounts collected as fees under paragraph
                                                      water underground for the purpose of export,
                                                                                                              inserting ‘‘subsection (j)’’; and                       (2)(A) shall remain available, without further
                                                      for approval of any right-of-way or similar au-
                                                                                                                 (3) by inserting after subsection (f) the fol-       appropriation, for use by the Secretary for the
                                                      thorization on the Mojave National Preserve or
                                                                                                              lowing:                                                 Monument.
                                                      lands managed by the Needles Field Office of
                                                                                                                 ‘‘(g) REQUIREMENTS FOR INCLUSION AND RE-                (4) LIMITATION OF AUTHORITY.—Nothing in
                                                      the Bureau of Land Management, or for car-
                                                                                                              MOVAL OF PROPERTY IN HERITAGE AREA.—                    this section authorizes the Secretary—
                                                      rying out any activities associated with such
                                                                                                                 ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri-               (A) to regulate or approve the rates for admis-
                                                      right-of-way or similar approval.
                                                                                                              vately owned property shall be included in the          sion to a historic attraction;
                                                              USE OF COOPERATIVE AGREEMENTS                   Heritage Area unless the owner of the private              (B) to regulate or manage any visitor services
                                                        SEC. 110. For fiscal year 2010, and each fiscal       property provides to the management entity a            within the Pearl Harbor Naval Complex (other
                                                      year thereafter, the Secretary of the Interior          written request for the inclusion.                      than the services managed by the National Park
                                                      may enter into cooperative agreements with a               ‘‘(2) PROPERTY REMOVAL.—                             Service as part of the Monument); or
                                                      State or political subdivision (including any              ‘‘(A) PRIVATE PROPERTY.—At the request of               (C) to charge an entrance fee for admission to
                                                      agency thereof), or any not-for-profit organiza-        an owner of private property included in the            the Monument.
                                                      tion if the agreement will: (1) serve a mutual in-      Heritage Area pursuant to paragraph (1), the               (5) PROTECTION OF RESOURCES.—Nothing in
                                                      terest of the parties to the agreement in carrying      private property shall be immediately with-             this section authorizes the Secretary or any or-
                                                      out the programs administered by the Depart-            drawn from the Heritage Area if the owner of            ganization that administers or manages a his-
                                                      ment of the Interior; and (2) all parties will con-     the property provides to the management entity          toric attraction to take any action in derogation
                                                      tribute resources to the accomplishment of these        a written notice requesting removal.                    of the preservation and protection of the values
                                                      objectives. At the discretion of the Secretary,            ‘‘(B) PUBLIC PROPERTY.—On written notice             and resources of the Monument.
                                                      such agreements shall not be subject to a com-          from the appropriate State or local government              ASSISTANCE FOR THE REPUBLIC OF PALAU
                                                      petitive process.                                       entity, public property included in the Heritage
                                                                                                                                                                        SEC. 117. (a) IN GENERAL.—Subject to sub-
                                                                  CONFORMING AMENDMENT                        Area shall be immediately withdrawn from the
                                                                                                                                                                      section (c), the Secretary of the Interior shall
                                                                                                              Heritage Area.’’.
                                                        SEC. 111. Sections 109 and 110 of the Federal                                                                 provide to the Government of Palau for fiscal
                                                      Oil and Gas Royalty Management Act (30                  PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING             year 2010 grants in amounts equal to the annual
                                                      U.S.C. 1719 and 1720) shall, for fiscal year 2010          SEC. 116. (a) DEFINITIONS.—In this section:          amounts specified in subsections (a), (c), and (d)
                                                      and each fiscal year thereafter, apply to any              (1) HISTORIC ATTRACTION.—The term ‘‘historic         of section 211 of the Compact of Free Associa-
                                                      lease authorizing exploration for or development        attraction’’ mean a historic attraction within          tion between the Government of the United
                                                      of coal, any other solid mineral, or any geo-           the Pearl Harbor Naval Complex, including—              States of America and the Government of Palau
                                                      thermal resource on any Federal or Indian                  (A) the USS Bowfin Submarine Museum and              (48 U.S.C. 1931 note) (referred to in this section
                                                      lands and any lease, easement, right of way, or         Park;                                                   as the ‘‘Compact’’).
                                                      other agreement, regardless of form, for use of            (B) the Battleship Missouri Memorial;                  (b) PROGRAMMATIC ASSISTANCE.—Subject to
                                                      the Outer Continental Shelf or any of its re-              (C) the Pacific Aviation Museum-Pearl Har-           subsection (c), the United States shall provide
                                                      sources under sections 8(k) or 8(p) of the Outer        bor; and                                                programmatic assistance to the Republic of
                                                      Continental Shelf Lands Act (43 U.S.C. 1337(k)             (D) any other historic attraction within the         Palau for fiscal year 2010 in amounts equal to
                                                      and 1337(p)) to the same extent as if such lease,       Pearl Harbor Naval Complex that—                        the amounts provided in subsections (a) and
                                                      easement, right of way, or other agreement, re-            (i) the Secretary identifies as a Pearl Harbor       (b)(1) of section 221 of the Compact.
                                                      gardless of form, were an oil and gas lease, ex-        historic attraction; and                                  (c) LIMITATIONS ON ASSISTANCE.—
                                                      cept that in such cases the term ‘‘royalty pay-            (ii) is not administered or managed by the Sec-        (1) IN GENERAL.—The grants and pro-
                                                      ment’’ shall include any payment required by            retary.                                                 grammatic assistance provided under sub-
                                                      such lease, easement, right of way or other                (2) MONUMENT.—The term ‘‘Monument’’                  sections (a) and (b) shall be provided to the
                                                      agreement, regardless of form, or by applicable         means the Word War II Valor in the Pacific Na-          same extent and in the same manner as the
                                                      regulation.                                             tional Monument in the State of Hawaii.                 grants and assistance were provided in fiscal
                                                         PROHIBITION ON USE OF FUNDS, POINT REYES                (3) SECRETARY.—The term ‘‘Secretary’’ means          year 2009.
                                                                      NATIONAL SEASHORE                       the Secretary of the Interior.                            (2) TRUST FUND.—If the Government of Palau
                                                                                                                 (4) VISITOR CENTER.—The term ‘‘Visitor Cen-          withdraws more than $5,000,000 from the trust
                                                        SEC. 112. None of the funds in this Act may be
                                                                                                              ter’’ means the visitor center located within the       fund established under section 211(f) of the
                                                      used to further reduce the number of Axis or
                                                                                                              Pearl Harbor Naval Complex on land that is—             Compact, amounts to be provided under sub-
                                                      Fallow deer at Point Reyes National Seashore
                                                                                                                 (A) within the Monument; and                         sections (a) and (b) shall be withheld from the
                                                      below the number as of the date of enactment of
                                                                                                                 (B) managed by the Secretary, acting through         Government of Palau.
                                                      this Act.
                                                                                                              the Director of the National Park Service.               GOLDEN GATE NATIONAL RECREATION AREA, FORT
                                                        OUTER CONTINENTAL SHELF INSPECTION FEES                  (b) FACILITATION OF ADMISSION TO HISTORIC                           BAKER AMENDMENT
                                                         SEC. 113. (a) In fiscal year 2010, the Minerals      ATTRACTIONS WITHIN PEARL HARBOR NAVAL
                                                                                                                                                                        SEC. 118. Section 120 of title I of H.R. 3423
                                                      Management Service (MMS) shall collect a non-           COMPLEX.—
                                                                                                                                                                      (Appendix C) as enacted into law by section
                                                      refundable inspection fee, which shall be depos-           (1) IN GENERAL.—In managing the Monument,
                                                                                                                                                                      1000(a)(3) of division B of Public Law 106–113 is
                                                                                                              the Secretary may enter into an agreement with
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                                                      ited in the ‘‘Royalty and Offshore Minerals
                                                                                                                                                                      amended by striking the last sentence.
                                                      Management’’ account, from the designated op-           any organization that is authorized to admin-
                                                      erator for facilities subject to inspection by          ister or manage a historic attraction—                     THEODORE ROOSEVELT NATIONAL PARK, ELK
                                                      MMS under 43 U.S.C. 1348(c) that are above the             (A) to allow visitors to the historic attraction                        REDUCTION
                                                      waterline, except mobile offshore drilling units,       to gain access to the historic attraction by pass-        SEC. 119. None of the funds made available in
                                                      and are in place at the start of fiscal year 2010.      ing through security screening at the Visitor           this Act shall be used to establish or implement
                                                         (b) Fees for 2010 shall be:                          Center; and                                             a plan to reduce the number of elk in Theodore
                                                         (1) $2,000 for facilities with no wells, but with       (B) to allow the sale of tickets to a historic at-   Roosevelt National Park unless such plan, not-
                                                      processing equipment or gathering lines;                traction within the Visitor Center by—                  withstanding any other provision of law, allows
                                                         (2) $3,250 for facilities with one to ten wells,        (i) employees of the National Park Service; or       North Dakota residents possessing a State hunt-
                                                      with any combination of active or inactive                 (ii) the organization that administers or man-       ing license to be deputized by the Secretary as
                                                      wells; and                                              ages the historic attraction.                           rangers in such numbers as the Secretary deems




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                                                      S9880                                             CONGRESSIONAL RECORD — SENATE                                                    September 25, 2009
                                                      sufficient for purposes of culling the elk herd at      may opt out of participating in any plan,              appropriation to remain available until Sep-
                                                      the Park, and allows each such volunteer to cull        project, program, or activity conducted within         tember 30, 2011.
                                                      one elk and remove its carcass from the Park.           the National Heritage Area if the property               LEAKING UNDERGROUND STORAGE TANK TRUST
                                                       POINT REYES NATIONAL SEASHORE, EXTENSION OF            owner provides written notice to the local co-                           FUND PROGRAM
                                                                            PERMIT                            ordinating entity.                                        For necessary expenses to carry out leaking
                                                        SEC. 120. Prior to the expiration on November                              TITLE II                          underground storage tank cleanup activities au-
                                                      30, 2012 of the Drake’s Bay Oyster Company’s              ENVIRONMENTAL PROTECTION AGENCY                      thorized by subtitle I of the Solid Waste Dis-
                                                      Reservation of Use and Occupancy and associ-                         SCIENCE AND TECHNOLOGY                    posal Act, as amended, $114,171,000, to remain
                                                      ated special use permit (‘‘existing authoriza-                                                                 available until expended, of which $78,671,000
                                                                                                                 For science and technology, including re-           shall be for carrying out leaking underground
                                                      tion’’) within Drake’s Estero at Point Reyes Na-
                                                                                                              search and development activities, which shall         storage tank cleanup activities authorized by
                                                      tional Seashore, notwithstanding any other pro-
                                                                                                              include research and development activities            section 9003(h) of the Solid Waste Disposal Act,
                                                      vision of law, the Secretary of the Interior is au-
                                                                                                              under the Comprehensive Environmental Re-              as amended; $35,500,000 shall be for carrying out
                                                      thorized to issue a special use permit with the
                                                                                                              sponse, Compensation, and Liability Act of 1980,       the other provisions of the Solid Waste Disposal
                                                      same terms and conditions as the existing au-
                                                                                                              as amended; necessary expenses for personnel           Act specified in section 9508(c) of the Internal
                                                      thorization, except as provided herein, for a pe-
                                                                                                              and related costs and travel expenses; procure-        Revenue Code, as amended: Provided, That the
                                                      riod of 10 years from November 30, 2012: Pro-
                                                                                                              ment of laboratory equipment and supplies; and         Administrator is authorized to use appropria-
                                                      vided, That such extended authorization is sub-
                                                                                                              other operating expenses in support of research        tions made available under this heading to im-
                                                      ject to annual payments to the United States
                                                                                                              and development, $842,799,000, to remain avail-        plement section 9013 of the Solid Waste Disposal
                                                      based on the fair market value of the use of the
                                                                                                              able until September 30, 2011.                         Act to provide financial assistance to federally
                                                      Federal property for the duration of such re-
                                                      newal. The Secretary shall take into consider-            ENVIRONMENTAL PROGRAMS AND MANAGEMENT                recognized Indian tribes for the development
                                                      ation recommendations of the National Academy              For environmental programs and manage-              and implementation of programs to manage un-
                                                      of Sciences Report pertaining to shellfish              ment, including necessary expenses, not other-         derground storage tanks.
                                                      mariculture in Point Reyes National Seashore            wise provided for, for personnel and related                           OIL SPILL RESPONSE
                                                      before modifying any terms and conditions of            costs and travel expenses; hire of passenger              For expenses necessary to carry out the Envi-
                                                      the extended authorization.                             motor vehicles; hire, maintenance, and oper-           ronmental Protection Agency’s responsibilities
                                                                  CONTRIBUTION AUTHORITY                      ation of aircraft; purchase of reprints; library       under the Oil Pollution Act of 1990, $18,379,000,
                                                        SEC. 121. Title 43 U.S.C. 1473, as amended by         memberships in societies or associations which         to be derived from the Oil Spill Liability trust
                                                      Public Law 110–161 and Public Law 111–8, is             issue publications to members only or at a price       fund, to remain available until expended.
                                                      further amended by deleting ‘‘in fiscal years           to members lower than to subscribers who are
                                                                                                                                                                           STATE AND TRIBAL ASSISTANCE GRANTS
                                                      2008 and 2009 only’’ and inserting ‘‘in fiscal          not members; administrative costs of the
                                                                                                              brownfields program under the Small Business              For environmental programs and infrastruc-
                                                      years 2008, 2009 and 2010 only’’.                                                                              ture assistance, including capitalization grants
                                                                                                              Liability Relief and Brownfields Revitalization
                                                         NATIONAL PARK SYSTEM, SPECIAL RESOURCE                                                                      for State revolving funds and performance part-
                                                                                                              Act of 2002; and not to exceed $9,000 for official
                                                                             STUDY                                                                                   nership grants, $4,954,274,000, to remain avail-
                                                                                                              reception      and     representation    expenses,
                                                         SEC. 122. (a) IN GENERAL.—The Secretary of           $2,878,780,000, to remain available until Sep-         able until expended, of which $2,100,000,000
                                                      the Interior (referred to in this section as the        tember 30, 2011: Provided, That of the funds in-       shall be for making capitalization grants for the
                                                      ‘‘Secretary’’) shall conduct a special resource         cluded under this heading, not less than               Clean Water State Revolving Funds under title
                                                      study of the national significance, suitability,        $478,696,000 shall be for the Geographic Pro-          VI of the Federal Water Pollution Control Act,
                                                      and feasibility of including the Honouliuli             grams specified in the committee report accom-         as amended (the ‘‘Act’’); of which $1,387,000,000
                                                      Gulch and associated sites within the State of          panying this Act.                                      shall be for capitalization grants for the Drink-
                                                      Hawaii in the National Park System.                                                                            ing Water State Revolving Funds under section
                                                                                                                        OFFICE OF INSPECTOR GENERAL
                                                         (b) GUIDELINES.—In conducting the study, the                                                                1452 of the Safe Drinking Water Act, as amend-
                                                      Secretary shall use the criteria for the study of          For necessary expenses of the Office of In-         ed: Provided, That, for fiscal year 2010, to the
                                                      areas for potential inclusion in the National           spector General in carrying out the provisions of      extent that there are sufficient applications, not
                                                      Park System described in section 8 of Public            the Inspector General Act of 1978, as amended,         less than 20 percent of the funds made available
                                                      Law 91–383 (16 U.S.C. 1a–5).                            $44,791,000, to remain available until September       for the Clean Water State Revolving Fund or
                                                         (c) CONSULTATION.—In conducting the study,           30, 2011.                                              Drinking Water State Revolving Fund capital-
                                                      the Secretary shall consult with—                                    BUILDINGS AND FACILITIES                  ization grants shall be for projects to address
                                                         (1) the State of Hawaii;                                For construction, repair, improvement, exten-       green infrastructure, water or energy efficiency
                                                         (2) appropriate Federal agencies;                    sion, alteration, and purchase of fixed equip-         improvements, or other environmentally innova-
                                                         (3) Native Hawaiian and local government en-         ment or facilities of, or for use by, the Environ-     tive activities; $10,000,000 shall be for architec-
                                                      tities;                                                 mental Protection Agency, $35,001,000, to remain       tural, engineering, planning, design, construc-
                                                         (4) private and nonprofit organizations;             available until expended: Provided, That, at the       tion and related activities in connection with
                                                         (5) private land owners; and                         discretion of the Administrator of the Environ-        the construction of high priority water and
                                                         (6) other interested parties.                        mental Protection Agency, from the funds in-           wastewater facilities in the area of the United
                                                         (d) THEMES.—The study shall evaluate the             cluded under this heading, $500,000 may be             States-Mexico Border, after consultation with
                                                      Honouliuli Gulch, associated sites located on           made available for preliminary planning and            the appropriate border commission; $15,000,000
                                                      Oahu, and other islands located in the State of         design of a high-performance green building to         shall be for grants to the State of Alaska to ad-
                                                      Hawaii with respect to—                                 consolidate the multiple offices and research fa-      dress drinking water and wastewater infrastruc-
                                                         (1) the significance of the site as a component      cilities of the Environmental Protection Agency        ture needs of rural and Alaska Native Villages:
                                                      of World War II;                                        in Las Vegas, Nevada.                                  Provided further, That, of these funds: (1) the
                                                         (2) the significance of the site as the site re-                                                            State of Alaska shall provide a match of 25 per-
                                                      lated to the forcible internment of Japanese                    HAZARDOUS SUBSTANCE SUPERFUND
                                                                                                                                                                     cent; (2) no more than 5 percent of the funds
                                                      Americans, European Americans, and other in-                     (INCLUDING TRANSFERS OF FUNDS)                may be used for administrative and overhead ex-
                                                      dividuals; and                                            For necessary expenses to carry out the Com-         penses; and (3) the State of Alaska shall make
                                                         (3) historic resources at the site.                  prehensive Environmental Response, Compensa-           awards consistent with the State-wide priority
                                                         (e) REPORT.—Not later than 2 years after the         tion, and Liability Act of 1980 (CERCLA), as           list established in conjunction with the Agency
                                                      date of enactment of this Act, the Secretary            amended, including sections 111(c)(3), (c)(5),         and the U.S. Department of Agriculture for all
                                                      shall submit to the Committee on Natural Re-            (c)(6), and (e)(4) (42 U.S.C. 9611) $1,308,541,000,    water, sewer, waste disposal, and similar
                                                      sources of the House of Representatives and the         to remain available until expended, consisting of      projects carried out by the State of Alaska that
                                                      Committee on Energy and Natural Resources of            such sums as are available in the Trust Fund on        are funded under section 221 of the Federal
                                                      the Senate a report describing the findings, con-       September 30, 2009, as authorized by section           Water Pollution Control Act (33 U.S.C. 1301) or
                                                      clusions, and recommendations of the study re-          517(a) of the Superfund Amendments and Reau-           the Consolidated Farm and Rural Development
                                                      quired under this section.                              thorization Act of 1986 (SARA) and up to               Act (7 U.S.C. 1921 et seq.) which shall allocate
                                                          PROHIBITION ON USE OF FUNDS TO IMPEDE               $1,308,541,000 as a payment from general reve-         not less than 25 percent of the funds provided
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                                                                  OPERATIONAL CONTROL                         nues to the Hazardous Substance Superfund for          for projects in regional hub communities;
                                                        SEC. 123. None of the funds made available by         purposes as authorized by section 517(b) of            $150,000,000 shall be for making special project
                                                      this Act may be used to impede, prohibit, or re-        SARA, as amended: Provided, That funds ap-             grants for the construction of drinking water,
                                                      strict activities of the Secretary of Homeland Se-      propriated under this heading may be allocated         wastewater and storm water infrastructure and
                                                      curity on public lands to achieve operational           to other Federal agencies in accordance with           for water quality protection in accordance with
                                                      control (as defined in section 2(b) of the Secure       section 111(a) of CERCLA: Provided further,            the terms and conditions specified for such
                                                      Fence Act of 2006 (8 U.S.C. 1701 note; Public           That of the funds appropriated under this head-        grants in the committee report accompanying
                                                      Law 109–367) over the international land and            ing, $9,975,000 shall be paid to the ‘‘Office of In-   this Act, and, for purposes of these grants, each
                                                      maritime borders of the United States.                  spector General’’ appropriation to remain avail-       grantee shall contribute not less than 45 percent
                                                        SEC. 124. Any owner of private property with-         able until September 30, 2011, and $26,834,000         of the cost of the project unless the grantee is
                                                      in an existing or new National Heritage Area            shall be paid to the ‘‘Science and Technology’’        approved for a waiver by the Agency;




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                      S9881
                                                      $101,000,000 shall be to carry out section 104(k)       Provided further, That notwithstanding the            project (as described in the table entitled ‘‘Con-
                                                      of the Comprehensive Environmental Response,            joint explanatory statement of the Committee on       gressionally Designated Spending’’ contained in
                                                      Compensation, and Liability Act of 1980                 Appropriations of the House of Representatives        section 430 of that joint explanatory statement)
                                                      (CERCLA), as amended, including grants, inter-          accompanying Public Law 111–8, the $300,000           may, at the discretion of the Administrator, be
                                                      agency agreements, and associated program               made available to the Village of Crestwood for        made available to the city of Manhattan for the
                                                      support costs; $60,000,000 shall be for grants          water storage improvements (as described in the       Konza Water Main Extension project: Provided
                                                      under title VII, subtitle G of the Energy Policy        table entitled ‘‘Congressionally Designated           further, That, notwithstanding the joint explan-
                                                      Act of 2005, as amended; $20,000,000 shall be for       Spending’’ in section 430 of that joint explana-      atory statement of the Committee on Appropria-
                                                      targeted airshed grants in accordance with the          tory statement) shall be made available to the        tions of the House of Representatives accom-
                                                      terms and conditions of the committee report ac-        City of Quincy, Illinois, for drinking water sys-     panying Public Law 111–8 (123 Stat. 524), the
                                                      companying this Act; and $1,111,274,000 shall be        tem improvements: Provided further, That, not-        amount of $1,300,000 made available to the City
                                                      for grants, including associated program sup-           withstanding House Report 107–272, the amount         of Warrensburg, Missouri for a drinking water
                                                      port costs, to States, federally recognized tribes,     of $1,000,000 made available to the Southeast         and wastewater infrastructure project (as de-
                                                      interstate agencies, tribal consortia, and air pol-     Alabama Regional Water Authority for a water          scribed in the table entitled ‘‘Congressionally
                                                      lution control agencies for multi-media or single       facility project and the amount of $2,500,000         Designated Spending’’ contained in section 430
                                                      media pollution prevention, control and abate-          made available to the Alabama Regional Water          of that joint explanatory statement) may, at the
                                                      ment and related activities, including activities       Authority for the Southwest Alabama Rural/            discretion of the Administrator, be made avail-
                                                      pursuant to the provisions set forth under this         Municipal Water System may, at the discretion         able to Johnson County, Missouri for that
                                                      heading in Public Law 104–134, and for making           of the Administrator, be made available to the
                                                                                                                                                                    project: Provided further, That, notwith-
                                                      grants under section 103 of the Clean Air Act for       city of Thomasville for those projects: Provided
                                                                                                                                                                    standing the joint explanatory statement of the
                                                      particulate matter monitoring and data collec-          further, That, notwithstanding House Report
                                                                                                                                                                    Committee on Appropriations of the House of
                                                      tion activities subject to terms and conditions         108–10, the amount of $450,000 made available to
                                                                                                                                                                    Representatives accompanying Public Law 111–
                                                      specified by the Administrator, of which                the Southwest Alabama Regional Water Author-
                                                      $49,495,000 shall be for carrying out section 128       ity for water infrastructure improvements may,        8 (123 Stat. 524), the amount of $1,000,000 made
                                                      of CERCLA, as amended, $10,000,000 shall be for         at the discretion of the Administrator, be made       available to the City of Gravois Mills for waste-
                                                      Environmental Information Exchange Network              available to the city of Thomasville for that         water infrastructure (as described in the table
                                                      grants, including associated program support            project: Provided further, That, notwith-             entitled ‘‘Congressionally Designated Spending’’
                                                      costs, $18,500,000 of the funds available for           standing House Report 108–401, the amount of          contained in section 430 of that joint explana-
                                                      grants under section 106 of the Act shall be for        $450,000 made available to the Southwest Ala-         tory statement) may, at the discretion of the Ad-
                                                      water quality monitoring activities, and, in ad-        bama Regional Water supply District for re-           ministrator, be made available to the Gravois
                                                      dition to funds appropriated under the heading          gional water supply distribution in Thomasville,      Arm Sewer District for that project: Provided
                                                      ‘‘Leaking Underground Storage Tank Trust                Alabama, may, at the discretion of the Adminis-       further, That, notwithstanding the joint explan-
                                                      Fund Program’’ to carry out the provisions of           trator, be made available to the city of Thomas-      atory statement of the Committee on Appropria-
                                                      the Solid Waste Disposal Act specified in section       ville for that project: Provided further, That,       tions of the House of Representatives accom-
                                                      9508(c) of the Internal Revenue Code other than         notwithstanding House Report 108–401, the             panying Public Law 111–8 (123 Stat. 524), the
                                                      section 9003(h) of the Solid Waste Disposal Act,        amount of $2,000,000 made available to the Tom        amount of $500,000 made available to McDonald
                                                      as amended, $2,500,000 shall be for grants to           Bevill Reservoir Management Area Authority            County, Missouri for a wastewater infrastruc-
                                                      States under section 2007(f)(2) of the Solid Waste      for construction of a drinking water reservoir in     ture expansion project (as described in the table
                                                      Disposal Act, as amended: Provided further,             Fayette County, Alabama, may, at the discre-          entitled ‘‘Congressionally Designated Spending’’
                                                      That notwithstanding section 603(d)(7) of the           tion of the Administrator, be made available to       contained in section 430 of that joint explana-
                                                      Federal Water Pollution Control Act, the limita-        Fayette County, Alabama, for water system up-         tory statement) may, at the discretion of the Ad-
                                                      tion on the amounts in a State water pollution          grades: Provided further, That, notwithstanding       ministrator, be made available to PWSD #1 of
                                                      control revolving fund that may be used by a            the joint explanatory statement of the Com-           McDonald County, Missouri for that project:
                                                      State to administer the fund shall not apply to         mittee on Appropriations of the House of Rep-         Provided further, That, notwithstanding the
                                                      amounts included as principal in loans made by          resentatives accompanying Public Law 111–8            joint explanatory statement of the Committee on
                                                      such fund in fiscal year 2010 and prior years           (123 Stat. 524), the amount of $500,000 made          Appropriations of the House of Representatives
                                                      where such amounts represent costs of admin-            available to the San Bernardino Municipal             accompanying Public Law 110–161 (121 Stat.
                                                      istering the fund to the extent that such               Water District for the Inland Empire alternative      1844), the amount of $150,000 made available to
                                                      amounts are or were deemed reasonable by the            water supply project (as described in the table       the City of Hayti, Pemiscot Consolidated Public
                                                      Administrator, accounted for separately from            entitled ‘‘Congressionally Designated Spending’’      Water Supply District 1 for a Water Storage
                                                      other assets in the fund, and used for eligible         contained in section 430 of that joint explana-       Tank (as described in the section entitled
                                                      purposes of the fund, including administration:         tory statement) may, at the discretion of the Ad-     ‘‘STAG Infrastructure Grants/Congressional
                                                      Provided further, That for fiscal year 2010, and        ministrator, be made available to the city of San     Priorities’’ on page 1264 of the joint explanatory
                                                      notwithstanding section 518(f) of the Act, the          Bernardino municipal water department for             statement) may, at the discretion of the Admin-
                                                      Administrator is authorized to use the amounts          that project: Provided further, That, notwith-        istrator, be made available to Pemiscot Consoli-
                                                      appropriated for any fiscal year under section          standing the joint explanatory statement of the       dated Public Water Supply District 1 for a
                                                      319 of that Act to make grants to federally rec-        Committee on Appropriations of the House of           drinking water source protection infrastructure
                                                      ognized Indian tribes pursuant to sections              Representatives accompanying the Consolidated         project: Provided further, That, notwith-
                                                      319(h) and 518(e) of that Act: Provided further,        Appropriations Act, 2008 (Public Law 110–161;         standing the joint explanatory statement of the
                                                      That, for fiscal year 2010, notwithstanding the         121 Stat. 1844), from funds made available by         Committee on Appropriations of the House of
                                                      limitation on amounts in section 518(c) of the          that Act for the State and Tribal Assistance          Representatives accompanying Public Law 111–
                                                      Federal Water Pollution Control Act and section         Grants program, $170,800 may, at the discretion       8 (123 Stat. 524), the amount of $400,000 made
                                                      1452(i) of the Safe Drinking Water Act, up to a         of the Administrator, be made available to the        available to the City of Lake Norden, South Da-
                                                      total of 2 percent of the funds appropriated for        city of Prescott for a wastewater treatment           kota, for wastewater infrastructure improve-
                                                      the Clean Water State Revolving Funds and               plant construction project and $129,200 may, at       ments (as described in the table entitled ‘‘Con-
                                                      Drinking Water State Revolving Funds may be             the discretion of the Administrator, be made          gressionally Designated Spending’’ contained in
                                                      reserved by the Administrator for grants to             available to the city of Wichita for a storm          section 430 of that joint explanatory statement)
                                                      Tribes: Provided further, That, for fiscal year         water technology pilot project: Provided further,     may, at the discretion of the Administrator, be
                                                      2010, notwithstanding any other provision of            That, notwithstanding the joint explanatory           made available to the City of Lake Norden,
                                                      law, up to a total of 1.5 percent of the funds          statement of the Committee on Appropriations of       South Dakota, for drinking water infrastructure
                                                      provided for the Clean Water State Revolving            the House of Representatives accompanying the         improvements.
                                                      Funds and Drinking Water State Revolving                Omnibus Appropriations Act, 2009 (Public Law
                                                      Funds may be reserved by the Administrator for          111–8; 123 Stat. 524), the amount of $185,000          ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL
                                                      grants to territories of the United States: Pro-        made available to the city of Manhattan for the                   PROTECTION AGENCY
                                                      vided further, That no funds provided by this           sewer mainline extension project (as described in             (INCLUDING RESCISSION OF FUNDS)
                                                      appropriations Act to address the water, waste-         the table entitled ‘‘Congressionally Designated
                                                      water and other critical infrastructure needs of        Spending’’ contained in section 430 of that joint       For fiscal year 2010, notwithstanding 31
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                                                      the colonias in the United States along the             explanatory statement) may, at the discretion of      U.S.C. 6303(1) and 6305(1), the Administrator of
                                                      United States-Mexico border shall be made               the Administrator, be made available to the city      the Environmental Protection Agency, in car-
                                                      available to a county or municipal government           of Manhattan for a water mainline extension           rying out the Agency’s function to implement
                                                      unless that government has established an en-           project: Provided further, That, notwith-             directly Federal environmental programs re-
                                                      forceable local ordinance, or other zoning rule,        standing the joint explanatory statement of the       quired or authorized by law in the absence of an
                                                      which prevents in that jurisdiction the develop-        Committee on Appropriations of the House of           acceptable tribal program, may award coopera-
                                                      ment or construction of any additional colonia          Representatives accompanying the Omnibus Ap-          tive agreements to federally recognized Indian
                                                      areas, or the development within an existing            propriations Act, 2009 (Public Law 111–8; 123         Tribes or Intertribal consortia, if authorized by
                                                      colonia the construction of any new home, busi-         Stat. 524), the amount of $290,000 made avail-        their member Tribes, to assist the Administrator
                                                      ness, or other structure which lacks water,             able to the Riley County Board of Commis-             in implementing Federal environmental pro-
                                                      wastewater, or other necessary infrastructure:          sioners for the Konza Sewer Main Extension            grams for Indian Tribes required or authorized




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                                                      S9882                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                      by law, except that no such cooperative agree-          That of the funds provided, $66,939,000 is for the                   LAND ACQUISITION
                                                      ments may be awarded from funds designated              forest inventory and analysis program.                  For expenses necessary to carry out the provi-
                                                      for State financial assistance agreements.                        STATE AND PRIVATE FORESTRY                  sions of the Land and Water Conservation Fund
                                                        The Administrator of the Environmental Pro-                                                                 Act of 1965, as amended (16 U.S.C. 460l–4
                                                      tection Agency is authorized to collect and obli-         For necessary expenses of cooperating with
                                                                                                                                                                    through 11), including administrative expenses,
                                                      gate pesticide registration service fees in accord-     and providing technical and financial assist-
                                                                                                                                                                    and for acquisition of land or waters, or interest
                                                      ance with section 33 of the Federal Insecticide,        ance to States, territories, possessions, and oth-
                                                                                                                                                                    therein, in accordance with statutory authority
                                                      Fungicide, and Rodenticide Act, as amended by           ers, and for forest health management, includ-
                                                                                                                                                                    applicable to the Forest Service, $67,784,000, to
                                                      Public Law 110–94, the Pesticide Registration           ing treatments of pests, pathogens, and invasive
                                                                                                                                                                    be derived from the Land and Water Conserva-
                                                      Improvement Renewal Act.                                or noxious plants and for restoring and rehabili-
                                                                                                                                                                    tion Fund and to remain available until ex-
                                                        The Administrator is authorized to transfer up        tating forests damaged by pests or invasive
                                                                                                                                                                    pended.
                                                      to 50 percent of the funds appropriated for the         plants, cooperative forestry, and education and
                                                      Great Lakes Initiative under the heading ‘‘Envi-        land conservation activities and conducting an         ACQUISITION OF LANDS FOR NATIONAL FORESTS
                                                      ronmental Programs and Management’’ to the              international      program      as     authorized,                    SPECIAL ACTS
                                                      head of any Federal department or agency, with          $276,946,000, to remain available until expended,       For acquisition of lands within the exterior
                                                      the concurrence of such head, to carry out ac-          as authorized by law; and of which $55,145,000        boundaries of the Cache, Uinta, and Wasatch
                                                      tivities that would support the Great Lakes Res-        is to be derived from the Land and Water Con-         National Forests, Utah; the Toiyabe National
                                                      toration Initiative and Great Lakes Water Qual-         servation Fund.                                       Forest, Nevada; and the Angeles, San
                                                      ity Agreement programs, projects, or activities;                    NATIONAL FOREST SYSTEM                    Bernardino, Sequoia, and Cleveland National
                                                      to enter into an interagency agreement with the                                                               Forests, California, as authorized by law,
                                                      head of such Federal department or agency to                     (INCLUDING TRANSFERS OF FUNDS)               $1,050,000, to be derived from forest receipts.
                                                      carry out these activities; and to make grants to         For necessary expenses of the Forest Service,          ACQUISITION OF LANDS TO COMPLETE LAND
                                                      governmental entities, nonprofit organizations,         not otherwise provided for, for management,                            EXCHANGES
                                                      institutions, and individuals for planning, re-         protection, improvement, and utilization of the
                                                      search, monitoring, outreach, and implementa-                                                                   For acquisition of lands, such sums, to be de-
                                                                                                              National Forest System, $1,552,429,000, to remain
                                                      tion in furtherance of the Great Lakes Restora-                                                               rived from funds deposited by State, county, or
                                                                                                              available until expended, which shall include 50
                                                      tion Initiative and the Great Lakes Water Qual-                                                               municipal governments, public school districts,
                                                                                                              percent of all moneys received during prior fis-
                                                      ity Agreement.                                                                                                or other public school authorities, and for au-
                                                                                                              cal years as fees collected under the Land and
                                                        From unobligated balances to carry out                                                                      thorized expenditures from funds deposited by
                                                                                                              Water Conservation Fund Act of 1965, as
                                                      projects and activities funded through the State                                                              non-Federal parties pursuant to Land Sale and
                                                                                                              amended, in accordance with section 4 of the
                                                      and     Tribal   Assistance    Grants     Account,                                                            Exchange Acts, pursuant to the Act of December
                                                                                                              Act (16 U.S.C. 460l–6a(i)) and of which
                                                      $40,000,000 are permanently rescinded: Provided,                                                              4, 1967, as amended (16 U.S.C. 484a), to remain
                                                                                                              $2,000,000 may be made available to the Pest and
                                                      That no amounts may be rescinded from                                                                         available until expended. (16 U.S.C. 4601–516–
                                                                                                              Disease Revolving Loan Fund established by
                                                      amounts that were designated by Congress as an                                                                617a, 555a; Public Law 96–586; Public Law 76–
                                                                                                              section 10205(b) of the Food, Conservation, and
                                                      emergency requirement pursuant to the Concur-                                                                 589, 76–591; and 78–310).
                                                                                                              Energy Act of 2008 (16 U.S.C. 2104a(b)): Pro-
                                                      rent Resolution on the Budget or the Balanced           vided, That, through fiscal year 2014, the Sec-                   RANGE BETTERMENT FUND
                                                      Budget and Emergency Deficit Control Act of             retary of Agriculture may authorize the expend-         For necessary expenses of range rehabilita-
                                                      1985, as amended.                                       iture or transfer of such sums as are necessary       tion, protection, and improvement, 50 percent of
                                                            GENERAL PROVISIONS, ENVIRONMENTAL                 to the Secretary of the Interior for removal,         all moneys received during the prior fiscal year,
                                                                     PROTECTION AGENCY                        preparation and adoption of excess wild horses        as fees for grazing domestic livestock on lands in
                                                                        BLACK CARBON                          and burros from National Forest System lands          National Forests in the 16 Western States, pur-
                                                         SEC. 201. (a) Not later than 18 months after         and for the performance of cadastral surveys to       suant to section 401(b)(1) of Public Law 94–579,
                                                      the date of enactment of this Act, the Adminis-         designate the boundaries of such lands: Pro-          as amended, to remain available until expended,
                                                      trator, in consultation with other Federal agen-        vided further, That $282,617,000 shall be made        of which not to exceed 6 percent shall be avail-
                                                      cies, may carry out and submit to Congress the          available for recreation, heritage, and wilder-       able for administrative expenses associated with
                                                      results of a study to define black carbon, assess       ness.                                                 on-the-ground range rehabilitation, protection,
                                                      the impacts of black carbon on global and re-                CAPITAL IMPROVEMENT AND MAINTENANCE              and improvements.
                                                      gional climate, and identify the most cost-effec-                                                                GIFTS, DONATIONS AND BEQUESTS FOR FOREST
                                                                                                                       (INCLUDING TRANSFER OF FUNDS)
                                                      tive ways to reduce black carbon emissions—                                                                              AND RANGELAND RESEARCH
                                                         (1) to improve global and domestic public               For necessary expenses of the Forest Service,
                                                                                                                                                                      For expenses authorized by 16 U.S.C. 1643(b),
                                                      health; and                                             not otherwise provided for, $513,418,000, to re-
                                                                                                                                                                    $50,000, to remain available until expended, to
                                                         (2) to mitigate the climate impacts of black         main available until expended, for construction,
                                                                                                                                                                    be derived from the fund established pursuant to
                                                      carbon.                                                 capital improvement, maintenance and acquisi-
                                                                                                                                                                    the above Act.
                                                         (b) In carrying out the study, the Adminis-          tion of buildings and other facilities and infra-
                                                      trator shall—                                           structure; and for construction, capital improve-      MANAGEMENT OF NATIONAL FOREST LANDS FOR
                                                         (1) identify global and domestic black carbon        ment, decommissioning, and maintenance of for-                    SUBSISTENCE USES
                                                      sources, the quantities of emissions from those         est roads and trails by the Forest Service as au-       For necessary expenses of the Forest Service
                                                      sources, and cost-effective mitigation tech-            thorized by 16 U.S.C. 532–538 and 23 U.S.C. 101       to manage Federal lands in Alaska for subsist-
                                                      nologies and strategies;                                and 205: Provided, That $50,000,000 shall be des-     ence uses under title VIII of the Alaska Na-
                                                         (2) evaluate the public health, climate, and         ignated for urgently needed road decommis-            tional Interest Lands Conservation Act (Public
                                                      economic impacts of black carbon;                       sioning, road and trail repair and maintenance        Law 96–487), $2,582,000, to remain available
                                                         (3) identify current and practicable future op-      and associated activities, and removal of fish        until expended.
                                                      portunities to provide financial, technical, and        passage barriers, especially in areas where For-                WILDLAND FIRE MANAGEMENT
                                                      related assistance to reduce domestic and inter-        est Service roads may be contributing to water
                                                      national black carbon emissions; and                    quality problems in streams and water bodies                  (INCLUDING TRANSFERS OF FUNDS)
                                                         (4) identify opportunities for future research       which support threatened, endangered or sen-             For necessary expenses for forest fire
                                                      and development to reduce black carbon emis-            sitive species or community water sources: Pro-       presuppression activities on National Forest
                                                      sions and protect public health in the United           vided further, That up to $40,000,000 of the          System lands, for emergency fire suppression on
                                                      States and internationally.                             funds provided herein for road maintenance            or adjacent to such lands or other lands under
                                                         (c) Of the amounts made available under this         shall be available for the decommissioning of         fire protection agreement, hazardous fuels re-
                                                      title under the heading ‘‘ENVIRONMENTAL PRO-            roads, including unauthorized roads not part of       duction on or adjacent to such lands, and for
                                                      GRAMS AND MANAGEMENT’’ for operations and               the transportation system, which are no longer        emergency rehabilitation of burned-over Na-
                                                      administration, up to $2,000,000 shall be—              needed: Provided further, That no funds shall         tional Forest System lands and water,
                                                         (1) transferred to the account used to fund the      be expended to decommission any system road           $1,817,637,000, to remain available until ex-
                                                      Office of Air Quality Planning and Standards            until notice and an opportunity for public com-       pended: Provided, That such funds including
                                                      of the Environmental Protection Agency; and             ment has been provided on each decommis-              unobligated balances under this heading, are
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                                                         (2) used by the Administrator to carry out this      sioning project: Provided further, That the de-       available for repayment of advances from other
                                                      section.                                                commissioning of unauthorized roads not part of       appropriations accounts previously transferred
                                                                           TITLE III                          the official transportation system shall be expe-     for such purposes: Provided further, That such
                                                                     RELATED AGENCIES                         dited in response to threats to public safety,        funds shall be available to reimburse State and
                                                              DEPARTMENT OF AGRICULTURE                       water quality, or natural resources: Provided         other cooperating entities for services provided
                                                                                                              further, That funds becoming available in fiscal      in response to wildfire and other emergencies or
                                                                        FOREST SERVICE                        year 2010 under the Act of March 4, 1913 (16          disasters to the extent such reimbursements by
                                                             FOREST AND RANGELAND RESEARCH                    U.S.C. 501) shall be transferred to the General       the Forest Service for non-fire emergencies are
                                                        For necessary expenses of forest and range-           Fund of the Treasury and shall not be available       fully repaid by the responsible emergency man-
                                                      land research as authorized by law, $307,012,000,       for transfer or obligation for any other purpose      agement agency: Provided further, That, not-
                                                      to remain available until expended: Provided,           unless the funds are appropriated.                    withstanding any other provision of law,




                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00022   Fmt 0624   Sfmt 6333   E:\RECORD09\RECFILES\S25SE9.REC    S25SE9
                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                       S9883
                                                      $8,000,000 of funds appropriated under this ap-              ADMINISTRATIVE PROVISIONS, FOREST SERVICE            Of the funds available to the Forest Service,
                                                      propriation shall be used for Fire Science Re-                    (INCLUDING TRANSFERS OF FUNDS)               $4,000 is available to the Chief of the Forest
                                                      search in support of the Joint Fire Science Pro-                                                               Service for official reception and representation
                                                                                                                 Appropriations to the Forest Service for the
                                                      gram: Provided further, That all authorities for                                                               expenses.
                                                                                                              current fiscal year shall be available for: (1)
                                                      the use of funds, including the use of contracts,                                                                 Pursuant to sections 405(b) and 410(b) of Pub-
                                                                                                              purchase of passenger motor vehicles; acquisi-
                                                      grants, and cooperative agreements, available to                                                               lic Law 101–593, of the funds available to the
                                                                                                              tion of passenger motor vehicles from excess
                                                      execute the Forest and Rangeland Research ap-                                                                  Forest Service, up to $2,000,000 may be advanced
                                                                                                              sources, and hire of such vehicles; purchase,
                                                      propriation, are also available in the utilization                                                             in a lump sum to the National Forest Founda-
                                                                                                              lease, operation, maintenance, and acquisition
                                                      of these funds for Fire Science Research: Pro-                                                                 tion to aid conservation partnership projects in
                                                                                                              of aircraft from excess sources to maintain the
                                                      vided further, That funds provided shall be                                                                    support of the Forest Service mission, without
                                                                                                              operable fleet for use in Forest Service wildland
                                                      available for emergency rehabilitation and res-                                                                regard to when the Foundation incurs expenses,
                                                      toration, hazardous fuels reduction activities in       fire programs and other Forest Service pro-
                                                                                                                                                                     for administrative expenses or projects on or
                                                      the urban-wildland interface, support to Fed-           grams; notwithstanding other provisions of law,
                                                                                                                                                                     benefitting National Forest System lands or re-
                                                      eral emergency response, and wildfire suppres-          existing aircraft being replaced may be sold,
                                                                                                                                                                     lated to Forest Service programs: Provided,
                                                      sion activities of the Forest Service: Provided         with proceeds derived or trade-in value used to
                                                                                                                                                                     That, of the Federal funds made available to the
                                                      further, That of the funds provided, $340,285,000       offset the purchase price for the replacement
                                                                                                                                                                     Foundation, no more than $200,000 shall be
                                                      is for hazardous fuels reduction activities,            aircraft; (2) services pursuant to 7 U.S.C. 2225,
                                                                                                                                                                     available for administrative expenses: Provided
                                                      $11,500,000 is for rehabilitation and restoration,      and not to exceed $100,000 for employment under
                                                                                                                                                                     further, That the Foundation shall obtain, by
                                                      $23,917,000 is for research activities and to make      5 U.S.C. 3109; (3) purchase, erection, and alter-
                                                                                                                                                                     the end of the period of Federal financial assist-
                                                      competitive research grants pursuant to the For-        ation of buildings and other public improve-
                                                                                                                                                                     ance, private contributions to match on at least
                                                      est and Rangeland Renewable Resources Re-               ments (7 U.S.C. 2250); (4) acquisition of land,
                                                                                                                                                                     one-for-one basis funds made available by the
                                                      search Act, as amended (16 U.S.C. 1641 et seq.),        waters, and interests therein pursuant to 7
                                                                                                                                                                     Forest Service: Provided further, That the
                                                      $56,250,000 is for State fire assistance, $9,000,000    U.S.C. 428a; (5) for expenses pursuant to the
                                                                                                                                                                     Foundation may transfer Federal funds to Fed-
                                                      is for volunteer fire assistance, $17,252,000 is for    Volunteers in the National Forest Act of 1972 (16
                                                                                                                                                                     eral or a non-Federal recipient for a project at
                                                      forest health activities on Federal lands and           U.S.C. 558a, 558d, and 558a note); (6) the cost of
                                                                                                                                                                     the same rate that the recipient has obtained
                                                      $9,928,000 is for forest health activities on State     uniforms as authorized by 5 U.S.C. 5901–5902;
                                                                                                                                                                     the non-Federal matching funds: Provided fur-
                                                      and private lands: Provided further, That               and (7) for debt collection contracts in accord-
                                                                                                                                                                     ther, That authorized investments of Federal
                                                      amounts in this paragraph may be transferred            ance with 31 U.S.C. 3718(c).
                                                                                                                                                                     funds held by the Foundation may be made only
                                                      to the ‘‘State and Private Forestry’’, ‘‘National          Any appropriations or funds available to the
                                                                                                                                                                     in interest-bearing obligations of the United
                                                      Forest System’’, and ‘‘Forest and Rangeland             Forest Service may be transferred to the
                                                                                                                                                                     States or in obligations guaranteed as to both
                                                      Research’’ accounts to fund State fire assist-          Wildland Fire Management appropriation for
                                                                                                                                                                     principal and interest by the United States.
                                                      ance, volunteer fire assistance, forest health          wildland firefighting, emergency rehabilitation           Pursuant to section 2(b)(2) of Public Law 98–
                                                      management, forest and rangeland research, the          of burned-over or damaged lands or waters              244, $2,650,000 of the funds available to the For-
                                                      Joint Fire Science Program, vegetation and wa-          under its jurisdiction, and fire preparedness due      est Service shall be advanced to the National
                                                      tershed management, heritage site rehabilita-           to severe burning conditions upon notification         Fish and Wildlife Foundation in a lump sum to
                                                      tion, and wildlife and fish habitat management          of the Committees on Appropriations for the            aid cost-share conservation projects, without re-
                                                      and restoration: Provided further, That up to           House of Representatives and Senate if the Sec-        gard to when expenses are incurred, on or bene-
                                                      $15,000,000 of the funds provided under this            retary of Agriculture determines that all emer-        fitting National Forest System lands or related
                                                      heading for hazardous fuels treatments may be           gency fire suppression funds appropriated under        to Forest Service programs: Provided, That such
                                                      transferred to and made a part of the ‘‘National        the heading ‘‘Wildland Fire Management’’ will          funds shall be matched on at least a one-for-one
                                                      Forest System’’ account at the sole discretion of       be fully obligated within 30 days.                     basis by the Foundation or its sub-recipients:
                                                      the Chief of the Forest Service 30 days after no-          Funds appropriated to the Forest Service shall
                                                                                                                                                                     Provided further, That the Foundation may
                                                      tifying the House and the Senate Committees on          be available for assistance to or through the
                                                                                                                                                                     transfer Federal funds to a Federal or non-Fed-
                                                      Appropriations: Provided further, That the costs        Agency for International Development in con-
                                                                                                                                                                     eral recipient for a project at the same rate that
                                                      of implementing any cooperative agreement be-           nection with forest and rangeland research,
                                                                                                                                                                     the recipient has obtained the non-Federal
                                                      tween the Federal Government and any non-               technical information, and assistance in foreign
                                                                                                                                                                     matching funds.
                                                      Federal entity may be shared, as mutually               countries, and shall be available to support for-         Funds appropriated to the Forest Service shall
                                                      agreed on by the affected parties: Provided fur-        estry and related natural resource activities out-     be available for interactions with and providing
                                                      ther, That in addition to funds provided for            side the United States and its territories and         technical assistance to rural communities and
                                                      State Fire Assistance programs, and subject to          possessions, including technical assistance, edu-      natural resource-based businesses for sustain-
                                                      all authorities available to the Forest Service         cation and training, and cooperation with              able rural development purposes.
                                                      under the State and Private Forestry Appropria-         United States and international organizations.            Funds appropriated to the Forest Service shall
                                                      tion, up to $15,000,000 may be used on adjacent            None of the funds made available to the For-        be available for payments to counties within the
                                                      non-Federal lands for the purpose of protecting         est Service in this Act or any other Act with re-      Columbia River Gorge National Scenic Area,
                                                      communities when hazard reduction activities            spect to any fiscal year shall be subject to trans-    pursuant to section 14(c)(1) and (2), and section
                                                      are planned on national forest lands that have          fer under the provisions of section 702(b) of the      16(a)(2) of Public Law 99–663.
                                                      the potential to place such communities at risk:        Department of Agriculture Organic Act of 1944             An eligible individual who is employed in any
                                                      Provided further, That funds made available to          (7 U.S.C. 2257), section 442 of Public Law 106–        project funded under title V of the Older Amer-
                                                      implement the Community Forest Restoration              224 (7 U.S.C. 7772), or section 10417(b) of Public     ican Act of 1965 (42 U.S.C. 3056 et seq.) and ad-
                                                      Act, Public Law 106–393, title VI, shall be avail-      Law 107–107 (7 U.S.C. 8316(b)).                        ministered by the Forest Service shall be consid-
                                                      able for use on non-Federal lands in accordance            None of the funds available to the Forest           ered to be a Federal employee for purposes of
                                                      with authorities available to the Forest Service        Service may be reprogrammed without the ad-            chapter 171 of title 28, United States Code.
                                                      under the State and Private Forestry Appropria-         vance approval of the House and Senate Com-               Any funds appropriated to the Forest Service
                                                      tion: Provided further, That the Secretary of the       mittees on Appropriations in accordance with           may be used to meet the non-Federal share re-
                                                      Interior and the Secretary of Agriculture may           the reprogramming procedures contained in title        quirement in section 502(c) of the Older Amer-
                                                      authorize the transfer of funds appropriated for        IV of this Act.                                        ican Act of 1965 (42 U.S.C. 3056(c)(2)).
                                                      wildland fire management, in an aggregate                  Not more than $88,785,000 of funds available           Funds available to the Forest Service, not to
                                                      amount not to exceed $10,000,000, between the           to the Forest Service shall be transferred to the      exceed $55,000,000, shall be assessed for the pur-
                                                      Departments when such transfers would facili-           Working Capital Fund of the Department of Ag-          pose of performing fire, administrative and other
                                                      tate and expedite jointly funded wildland fire          riculture and not more than $19,400,000 of funds       facilities maintenance. Such assessments shall
                                                      management programs and projects: Provided              available to the Forest Service shall be trans-        occur using a square foot rate charged on the
                                                      further, That of the funds provided for haz-            ferred to the Department of Agriculture for De-        same basis the agency uses to assess programs
                                                      ardous fuels reduction, not to exceed $10,000,000,      partment Reimbursable Programs, commonly re-           for payment of rent, utilities, and other support
                                                      may be used to make grants, using any authori-          ferred to as Greenbook charges. Nothing in this        services.
                                                      ties available to the Forest Service under the          paragraph shall prohibit or limit the use of re-          Notwithstanding any other provision of law,
                                                      State and Private Forestry appropriation, for           imbursable agreements requested by the Forest          any appropriations or funds available to the
                                                      the purpose of creating incentives for increased                                                               Forest Service not to exceed $500,000 may be
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                                                                                                              Service in order to obtain services from the De-
                                                      use of biomass from national forest lands: Pro-         partment of Agriculture’s National Information         used to reimburse the Office of the General
                                                      vided further, That funds designated for wild-          Technology Center.                                     Counsel (OGC), Department of Agriculture, for
                                                      fire suppression shall be assessed for cost pools          Funds available to the Forest Service shall be      travel and related expenses incurred as a result
                                                      on the same basis as such assessments are cal-          available to conduct a program of up to                of OGC assistance or participation requested by
                                                      culated against other agency programs.                  $5,000,000 for priority projects within the scope      the Forest Service at meetings, training sessions,
                                                             COLLABORATIVE FOREST LANDSCAPE                   of the approved budget, of which $2,500,000            management reviews, land purchase negotia-
                                                                   RESTORATION FUND                           shall be carried out by the Youth Conservation         tions and similar non-litigation related matters.
                                                        For expenses authorized by section 4003(f) of         Corps and $2,500,000 shall be carried out under        Future budget justifications for both the Forest
                                                      the Omnibus Public Land Management Act of               the authority of the Public Lands Corps                Service and the Department of Agriculture
                                                      2009 (16 U.S.C. 7303(f)), $10,000,000, to remain        Healthy Forests Restoration Act of 2005, Public        should clearly display the sums previously
                                                      available until expended.                               Law 109–154.                                           transferred and the requested funding transfers.




                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000    Frm 00023   Fmt 0624   Sfmt 6333   E:\RECORD09\RECFILES\S25SE9.REC    S25SE9
                                                      S9884                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                         Funds provided to the Forest Service in this         and a tribe or tribal organization pursuant to        patients may be extended health care at all trib-
                                                      Act may be used for the purpose of expenses as-         the Indian Self-Determination Act of 1975, as         ally administered or Indian Health Service fa-
                                                      sociated with primary and secondary schooling           amended, prior to or during fiscal year 2010, of      cilities, subject to charges, and the proceeds
                                                      for the 2009–2010 school year of dependents of          which not to exceed $5,000,000 may be used for        along with funds recovered under the Federal
                                                      agency personnel stationed in Puerto Rico, at a         contract support costs associated with new or         Medical Care Recovery Act (42 U.S.C. 2651–2653)
                                                      cost not in excess of those authorized by the De-       expanded self-determination contracts, grants,        shall be credited to the account of the facility
                                                      partment of Defense for that same area, when it         self-governance compacts, or annual funding           providing the service and shall be available
                                                      is determined by the Chief of the Forest Service        agreements: Provided further, That the Bureau         without fiscal year limitation. Notwithstanding
                                                      that public schools available in the locality are       of Indian Affairs may collect from the Indian         any other law or regulation, funds transferred
                                                      unable to provide adequately for the education          Health Service, tribes and tribal organizations       from the Department of Housing and Urban De-
                                                      of such dependents.                                     operating health facilities pursuant to Public        velopment to the Indian Health Service shall be
                                                         DEPARTMENT OF HEALTH AND HUMAN                       Law 93–638, such individually identifiable            administered under Public Law 86–121, the In-
                                                                          SERVICES                            health information relating to disabled children      dian Sanitation Facilities Act and Public Law
                                                                   INDIAN HEALTH SERVICE                      as may be necessary for the purpose of carrying       93–638, as amended.
                                                                                                              out its functions under the Individuals with             Funds appropriated to the Indian Health
                                                                  INDIAN HEALTH SERVICES
                                                                                                              Disabilities Education Act (20 U.S.C. 1400, et        Service in this Act, except those used for admin-
                                                         For expenses necessary to carry out the Act of       seq.): Provided further, That the Indian Health
                                                      August 5, 1954 (68 Stat. 674), the Indian Self-De-                                                            istrative and program direction purposes, shall
                                                                                                              Care Improvement Fund may be used, as need-           not be subject to limitations directed at cur-
                                                      termination Act, the Indian Health Care Im-             ed, to carry out activities typically funded
                                                      provement Act, and titles II and III of the Pub-                                                              tailing Federal travel and transportation.
                                                                                                              under the Indian Health Facilities account.
                                                      lic Health Service Act with respect to the Indian                                                                None of the funds made available to the In-
                                                                                                                          INDIAN HEALTH FACILITIES
                                                      Health Service, $3,639,868,000, together with                                                                 dian Health Service in this Act shall be used for
                                                      payments received during the fiscal year pursu-           For construction, repair, maintenance, im-          any assessments or charges by the Department
                                                      ant to 42 U.S.C. 238(b) and 238b for services fur-      provement, and equipment of health and related        of Health and Human Services unless identified
                                                      nished by the Indian Health Service: Provided,          auxiliary facilities, including quarters for per-     in the budget justification and provided in this
                                                      That funds made available to tribes and tribal          sonnel; preparation of plans, specifications, and     Act, or approved by the House and Senate Com-
                                                      organizations through contracts, grant agree-           drawings; acquisition of sites, purchase and          mittees on Appropriations through the re-
                                                      ments, or any other agreements or compacts au-          erection of modular buildings, and purchases of       programming process.
                                                      thorized by the Indian Self-Determination and           trailers; and for provision of domestic and com-         Notwithstanding any other provision of law,
                                                      Education Assistance Act of 1975 (25 U.S.C. 450),       munity sanitation facilities for Indians, as au-      funds previously or herein made available to a
                                                      shall be deemed to be obligated at the time of the      thorized by section 7 of the Act of August 5, 1954    tribe or tribal organization through a contract,
                                                      grant or contract award and thereafter shall re-        (42 U.S.C. 2004a), the Indian Self-Determination      grant, or agreement authorized by title I or title
                                                      main available to the tribe or tribal organization      Act, and the Indian Health Care Improvement           V of the Indian Self-Determination and Edu-
                                                      without fiscal year limitation: Provided further,       Act, and for expenses necessary to carry out          cation Assistance Act of 1975 (25 U.S.C. 450),
                                                      That $779,347,000 for contract medical care, in-        such Acts and titles II and III of the Public         may be deobligated and reobligated to a self-de-
                                                      cluding $48,000,000 for the Indian Catastrophic         Health Service Act with respect to environ-           termination contract under title I, or a self-gov-
                                                      Health Emergency Fund, shall remain available           mental health and facilities support activities of    ernance agreement under title V of such Act and
                                                      until    expended:    Provided     further,  That       the Indian Health Service, $394,757,000, to re-       thereafter shall remain available to the tribe or
                                                      $18,251,000 is provided for Headquarters oper-          main available until expended: Provided, That         tribal organization without fiscal year limita-
                                                      ations and information technology activities            notwithstanding any other provision of law,           tion.
                                                      and, notwithstanding any other provision of             funds appropriated for the planning, design,
                                                                                                                                                                       None of the funds made available to the In-
                                                      law, the amount available under this proviso            construction, renovation or expansion of health
                                                                                                                                                                    dian Health Service in this Act shall be used to
                                                      shall be allocated at the discretion of the Direc-      facilities for the benefit of an Indian tribe or
                                                                                                                                                                    implement the final rule published in the Fed-
                                                      tor of the Indian Health Service: Provided fur-         tribes may be used to purchase land on which
                                                                                                                                                                    eral Register on September 16, 1987, by the De-
                                                      ther, That of the funds provided, up to                 such facilities will be located: Provided further,
                                                                                                                                                                    partment of Health and Human Services, relat-
                                                      $32,000,000 shall remain available until ex-            That not to exceed $500,000 shall be used by the
                                                                                                                                                                    ing to the eligibility for the health care services
                                                      pended for implementation of the loan repay-            Indian Health Service to purchase TRANSAM
                                                                                                                                                                    of the Indian Health Service until the Indian
                                                      ment program under section 108 of the Indian            equipment from the Department of Defense for
                                                                                                                                                                    Health Service has submitted a budget request
                                                      Health Care Improvement Act: Provided further,          distribution to the Indian Health Service and
                                                                                                                                                                    reflecting the increased costs associated with the
                                                      That $16,391,000 is provided for the methamphet-        tribal facilities: Provided further, That none of
                                                                                                                                                                    proposed final rule, and such request has been
                                                      amine and suicide prevention and treatment ini-         the funds appropriated to the Indian Health
                                                                                                                                                                    included in an appropriations Act and enacted
                                                      tiative and $7,500,000 is provided for the domes-       Service may be used for sanitation facilities con-
                                                                                                                                                                    into law.
                                                      tic violence prevention initiative and, notwith-        struction for new homes funded with grants by
                                                                                                              the housing programs of the United States De-            With respect to functions transferred by the
                                                      standing any other provision of law, the
                                                                                                              partment of Housing and Urban Development:            Indian Health Service to tribes or tribal organi-
                                                      amounts available under this proviso shall be
                                                                                                              Provided further, That not to exceed $2,700,000       zations, the Indian Health Service is authorized
                                                      allocated at the discretion of the Director of the
                                                                                                              from this account and the ‘‘Indian Health Serv-       to provide goods and services to those entities on
                                                      Indian Health Service and shall remain avail-
                                                                                                              ices’’ account shall be used by the Indian            a reimbursable basis, including payments in ad-
                                                      able until expended: Provided further, That
                                                                                                              Health Service to obtain ambulances for the In-       vance with subsequent adjustment. The reim-
                                                      funds provided in this Act may be used for an-
                                                                                                              dian Health Service and tribal facilities in con-     bursements received therefrom, along with the
                                                      nual contracts and grants that fall within two
                                                                                                              junction with an existing interagency agreement       funds received from those entities pursuant to
                                                      fiscal years, provided the total obligation is re-
                                                                                                              between the Indian Health Service and the Gen-        the Indian Self-Determination Act, may be cred-
                                                      corded in the year the funds are appropriated:
                                                                                                              eral Services Administration: Provided further,       ited to the same or subsequent appropriation ac-
                                                      Provided further, That the amounts collected by
                                                                                                              That not to exceed $500,000 shall be placed in a      count from which the funds were originally de-
                                                      the Secretary of Health and Human Services
                                                                                                              Demolition Fund, to remain available until ex-        rived, with such amounts to remain available
                                                      under the authority of title IV of the Indian
                                                                                                              pended, and be used by the Indian Health Serv-        until expended.
                                                      Health Care Improvement Act shall remain
                                                      available until expended for the purpose of             ice for the demolition of Federal buildings.             Reimbursements for training, technical assist-
                                                      achieving compliance with the applicable condi-            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH           ance, or services provided by the Indian Health
                                                      tions and requirements of titles XVIII and XIX                                SERVICE                         Service will contain total costs, including direct,
                                                      of the Social Security Act, except for those re-                                                              administrative, and overhead associated with
                                                                                                                Appropriations provided in this Act to the In-
                                                      lated to the planning, design, or construction of                                                             the provision of goods, services, or technical as-
                                                                                                              dian Health Service shall be available for serv-
                                                      new facilities: Provided further, That funding                                                                sistance.
                                                                                                              ices as authorized by 5 U.S.C. 3109 at rates not
                                                      contained herein for scholarship programs               to exceed the per diem rate equivalent to the            The appropriation structure for the Indian
                                                      under the Indian Health Care Improvement Act            maximum rate payable for senior-level positions       Health Service may not be altered without ad-
                                                      (25 U.S.C. 1613) shall remain available until ex-       under 5 U.S.C. 5376; hire of passenger motor ve-      vance notification to the House and Senate
                                                      pended: Provided further, That amounts re-              hicles and aircraft; purchase of medical equip-       Committees on Appropriations.
                                                      ceived by tribes and tribal organizations under
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                                                                                                              ment; purchase of reprints; purchase, renova-                 NATIONAL INSTITUTES OF HEALTH
                                                      title IV of the Indian Health Care Improvement          tion and erection of modular buildings and ren-
                                                                                                                                                                    NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
                                                      Act shall be reported and accounted for and             ovation of existing facilities; payments for tele-
                                                                                                                                                                                      SCIENCES
                                                      available to the receiving tribes and tribal orga-      phone service in private residences in the field,
                                                      nizations until expended: Provided further,             when authorized under regulations approved by           For necessary expenses for the National Insti-
                                                      That, notwithstanding any other provision of            the Secretary; uniforms or allowances therefor        tute of Environmental Health Sciences in car-
                                                      law, of the amounts provided herein, not to ex-         as authorized by 5 U.S.C. 5901–5902; and for ex-      rying out activities set forth in section 311(a) of
                                                      ceed $389,490,000 shall be for payments to tribes       penses of attendance at meetings that relate to       the Comprehensive Environmental Response,
                                                      and tribal organizations for contract or grant          the functions or activities of the Indian Health      Compensation, and Liability Act of 1980, as
                                                      support costs associated with contracts, grants,        Service.                                              amended, and section 126(g) of the Superfund
                                                      self-governance compacts, or annual funding               In accordance with the provisions of the In-        Amendments and Reauthorization Act of 1986,
                                                      agreements between the Indian Health Service            dian Health Care Improvement Act, non-Indian          $79,212,000.




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                                                      September 25, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                      S9885
                                                        AGENCY FOR TOXIC SUBSTANCES AND DISEASE                 Indian Relocation to evict any single Navajo or       priation may be made available to the Smithso-
                                                                       REGISTRY                                 Navajo family who, as of November 30, 1985, was       nian Institution incrementally as private fund-
                                                      TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC                 physically domiciled on the lands partitioned to      ing becomes available: Provided further, That
                                                                        HEALTH                                  the Hopi Tribe unless a new or replacement            any other provision of law that adjusts the over-
                                                                                                                home is provided for such household: Provided         all amount of the Federal appropriation for this
                                                        For necessary expenses for the Agency for
                                                                                                                further, That no relocatee will be provided with      account shall also apply to the privately con-
                                                      Toxic Substances and Disease Registry (ATSDR)
                                                                                                                more than one new or replacement home: Pro-           tributed requirement: Provided further, That the
                                                      in carrying out activities set forth in sections
                                                                                                                vided further, That the Office shall relocate any     unobligated balances provided under this head-
                                                      104(i) and 111(c)(4) of the Comprehensive Envi-
                                                                                                                certified eligible relocatees who have selected       ing in Public Law 110–161 and Public Law 111–
                                                      ronmental Response, Compensation, and Liabil-
                                                                                                                and received an approved homesite on the Nav-         8 are hereby rescinded.
                                                      ity Act of 1980 (CERCLA), as amended; section
                                                                                                                ajo reservation or selected a replacement resi-                  NATIONAL GALLERY OF ART
                                                      118(f) of the Superfund Amendments and Reau-
                                                                                                                dence off the Navajo reservation or on the land                   SALARIES AND EXPENSES
                                                      thorization Act of 1986 (SARA), as amended;
                                                                                                                acquired pursuant to 25 U.S.C. 640d–10.
                                                      and section 3019 of the Solid Waste Disposal                                                                      For the upkeep and operations of the National
                                                      Act, as amended, $76,792,000, of which up to                INSTITUTE OF AMERICAN INDIAN AND ALASKA             Gallery of Art, the protection and care of the
                                                      $1,000 to remain available until expended, is for            NATIVE CULTURE AND ARTS DEVELOPMENT                works of art therein, and administrative ex-
                                                      Individual Learning Accounts for full-time                           PAYMENT TO THE INSTITUTE                   penses incident thereto, as authorized by the
                                                      equivalent employees of the Agency for Toxic                For payment to the Institute of American In-        Act of March 24, 1937 (50 Stat. 51), as amended
                                                      Substances and Disease Registry: Provided,                dian and Alaska Native Culture and Arts Devel-        by the public resolution of April 13, 1939 (Public
                                                      That notwithstanding any other provision of               opment, as authorized by title XV of Public Law       Resolution 9, Seventy-sixth Congress), including
                                                      law, in lieu of performing a health assessment            99–498, as amended (20 U.S.C. 56 part A),             services as authorized by 5 U.S.C. 3109; payment
                                                      under section 104(i)(6) of CERCLA, the Adminis-           $8,300,000.                                           in advance when authorized by the treasurer of
                                                      trator of ATSDR may conduct other appropriate                         SMITHSONIAN INSTITUTION                   the Gallery for membership in library, museum,
                                                      health studies, evaluations, or activities, includ-                                                             and art associations or societies whose publica-
                                                                                                                             SALARIES AND EXPENSES
                                                      ing, without limitation, biomedical testing, clin-                                                              tions or services are available to members only,
                                                      ical evaluations, medical monitoring, and refer-             For necessary expenses of the Smithsonian In-      or to members at a price lower than to the gen-
                                                      ral to accredited health care providers: Provided         stitution, as authorized by law, including re-        eral public; purchase, repair, and cleaning of
                                                      further, That in performing any such health as-           search in the fields of art, science, and history;    uniforms for guards, and uniforms, or allow-
                                                      sessment or health study, evaluation, or activ-           development, preservation, and documentation          ances therefor, for other employees as author-
                                                      ity, the Administrator of ATSDR shall not be              of the National Collections; presentation of pub-     ized by law (5 U.S.C. 5901–5902); purchase or
                                                      bound by the deadlines in section 104(i)(6)(A) of         lic exhibits and performances; collection, prepa-     rental of devices and services for protecting
                                                      CERCLA: Provided further, That none of the                ration, dissemination, and exchange of informa-       buildings and contents thereof, and mainte-
                                                      funds appropriated under this heading shall be            tion and publications; conduct of education,          nance, alteration, improvement, and repair of
                                                      available for ATSDR to issue in excess of 40 tox-         training, and museum assistance programs;             buildings, approaches, and grounds; and pur-
                                                      icological profiles pursuant to section 104(i) of         maintenance, alteration, operation, lease agree-      chase of services for restoration and repair of
                                                      CERCLA during fiscal year 2010, and existing              ments of no more than 30 years, and protection        works of art for the National Gallery of Art by
                                                      profiles may be updated as necessary.                     of buildings, facilities, and approaches; not to      contracts made, without advertising, with indi-
                                                                                                                exceed $100,000 for services as authorized by 5       viduals, firms, or organizations at such rates or
                                                               OTHER RELATED AGENCIES
                                                                                                                U.S.C. 3109; and purchase, rental, repair, and        prices and under such terms and conditions as
                                                            EXECUTIVE OFFICE OF THE PRESIDENT                   cleaning of uniforms for employees, $634,161,000,     the Gallery may deem proper, $110,746,000, of
                                                         COUNCIL ON ENVIRONMENTAL QUALITY AND                   of which not to exceed $19,117,000 for the instru-    which not to exceed $3,386,000 for the special ex-
                                                           OFFICE OF ENVIRONMENTAL QUALITY                      mentation program, collections acquisition, ex-       hibition program shall remain available until
                                                         For necessary expenses to continue functions           hibition reinstallation, the National Museum of       expended.
                                                      assigned to the Council on Environmental Qual-            African American History and Culture, and the
                                                                                                                                                                          REPAIR, RESTORATION AND RENOVATION OF
                                                      ity and Office of Environmental Quality pursu-            repatriation of skeletal remains program shall
                                                                                                                                                                                          BUILDINGS
                                                      ant to the National Environmental Policy Act of           remain available until expended; of which
                                                                                                                $1,553,000 for fellowships and scholarly awards          For necessary expenses of repair, restoration
                                                      1969, the Environmental Quality Improvement                                                                     and renovation of buildings, grounds and facili-
                                                      Act of 1970, and Reorganization Plan No. 1 of             shall remain available until September 30, 2011;
                                                                                                                of which $250,000 may be made available to            ties owned or occupied by the National Gallery
                                                      1977, and not to exceed $750 for official recep-                                                                of Art, by contract or otherwise, as authorized,
                                                      tion and representation expenses, $3,159,000:             carry out activities under the Civil Rights His-
                                                                                                                tory Project Act of 2009 (20 U.S.C. 80s et seq.),     $54,499,000, to remain available until expended:
                                                      Provided, That notwithstanding section 202 of                                                                   Provided, That of this amount, up to $40,000,000
                                                      the National Environmental Policy Act of 1970,            to remain available until expended; and includ-
                                                                                                                ing such funds as may be necessary to support         shall be available for repair of the National Gal-
                                                      the Council shall consist of one member, ap-                                                                    lery’s East Building facade: Provided further,
                                                                                                                                                                                                ¸
                                                      pointed by the President, by and with the ad-             American overseas research centers: Provided,
                                                                                                                That funds appropriated herein are available          That notwithstanding any other provision of
                                                      vice and consent of the Senate, serving as chair-                                                               law, a single procurement for the foregoing
                                                      man and exercising all powers, functions, and             for advance payments to independent contrac-
                                                                                                                tors performing research services or partici-         Major Critical Project may be issued which in-
                                                      duties of the Council.                                                                                          cludes the full scope of the project: Provided
                                                                                                                pating in official Smithsonian presentations.
                                                        CHEMICAL SAFETY AND HAZARD INVESTIGATION                                                                      further, That the solicitation and contract shall
                                                                           BOARD                                                 FACILITIES CAPITAL
                                                                                                                                                                      contain the clause ‘‘availability of funds’’ found
                                                                      SALARIES AND EXPENSES
                                                                                                                  For necessary expenses of repair, revitaliza-       at 48 CFR 52.232.18: Provided further, That con-
                                                                                                                tion, and alteration of facilities owned or occu-     tracts awarded for environmental systems, pro-
                                                              (INCLUDING TRANSFER OF FUNDS)                     pied by the Smithsonian Institution, by contract      tection systems, and exterior repair or renova-
                                                         For necessary expenses in carrying out activi-         or otherwise, as authorized by section 2 of the       tion of buildings of the National Gallery of Art
                                                      ties pursuant to section 112(r)(6) of the Clean           Act of August 22, 1949 (63 Stat. 623), and for        may be negotiated with selected contractors and
                                                      Air Act, as amended, including hire of passenger          construction, including necessary personnel,          awarded on the basis of contractor qualifica-
                                                      vehicles, uniforms or allowances therefor, as au-         $125,000,000, to remain available until expended,     tions as well as price.
                                                      thorized by 5 U.S.C. 5901–5902, and for services          of which not to exceed $10,000 is for services as     JOHN F. KENNEDY CENTER FOR THE PERFORMING
                                                      authorized by 5 U.S.C. 3109 but at rates for indi-        authorized by 5 U.S.C. 3109.                                                  ARTS
                                                      viduals not to exceed the per diem equivalent to                             LEGACY FUND
                                                      the maximum rate payable for senior level posi-                                                                          OPERATIONS AND MAINTENANCE
                                                                                                                         (INCLUDING RESCISSION OF FUNDS)                For necessary expenses for the operation,
                                                      tions under 5 U.S.C. 5376, $11,195,000.
                                                                                                                  For the purpose of developing a public-private      maintenance and security of the John F. Ken-
                                                             OFFICE OF NAVAJO AND HOPI INDIAN
                                                                                                                partnership to facilitate the reopening of the        nedy Center for the Performing Arts, $22,500,000.
                                                                        RELOCATION
                                                                                                                Arts and Industries Building of the Smithsonian              CAPITAL REPAIR AND RESTORATION
                                                                      SALARIES AND EXPENSES                     Institution, $30,000,000, to remain available until
                                                                                                                                                                        For necessary expenses for capital repair and
                                                        For necessary expenses of the Office of Navajo          expended, for repair, renovation and revitaliza-
                                                                                                                                                                      restoration of the existing features of the build-
                                                      and Hopi Indian Relocation as authorized by               tion of the building: Provided, That such funds
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                                                                                                                                                                      ing and site of the John F. Kennedy Center for
                                                      Public Law 93–531, $8,000,000, to remain avail-           shall be matched on a 1:1 basis by private dona-
                                                                                                                                                                      the Performing Arts, $17,447,000, to remain
                                                      able until expended: Provided, That funds pro-            tions: Provided further, That major in-kind do-
                                                                                                                                                                      available until expended.
                                                      vided in this or any other appropriations Act             nations that contribute significantly to the rede-
                                                      are to be used to relocate eligible individuals           sign and purpose of the reopened building be           WOODROW WILSON INTERNATIONAL CENTER FOR
                                                      and groups including evictees from District 6,            considered to qualify toward the total private                            SCHOLARS
                                                      Hopi-partitioned lands residents, those in sig-           match: Provided further, That privately contrib-                  SALARIES AND EXPENSES
                                                      nificantly substandard housing, and all others            uted endowments, which are designated for the           For expenses necessary in carrying out the
                                                      certified as eligible and not included in the pre-        care and renewal of permanent exhibitions in-         provisions of the Woodrow Wilson Memorial Act
                                                      ceding categories: Provided further, That none            stalled in the Arts and Industries Building, be       of 1968 (82 Stat. 1356) including hire of pas-
                                                      of the funds contained in this or any other Act           considered as qualifying toward the total pri-        senger vehicles and services as authorized by 5
                                                      may be used by the Office of Navajo and Hopi              vate match: Provided further, That this appro-        U.S.C. 3109, $10,225,000.




                                                VerDate Nov 24 2008     05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00025   Fmt 0624   Sfmt 6333   E:\RECORD09\RECFILES\S25SE9.REC    S25SE9
                                                      S9886                                               CONGRESSIONAL RECORD — SENATE                                                      September 25, 2009
                                                       NATIONAL FOUNDATION ON THE ARTS AND THE                   ADVISORY COUNCIL ON HISTORIC PRESERVATION              projects, activities and subactivities to support
                                                                     HUMANITIES                                               SALARIES AND EXPENSES                     government-wide, departmental, agency or bu-
                                                          NATIONAL ENDOWMENT FOR THE ARTS                          For necessary expenses of the Advisory Coun-         reau administrative functions or headquarters,
                                                                GRANTS AND ADMINISTRATION                       cil on Historic Preservation (Public Law 89–665,        regional or central operations shall be presented
                                                                                                                as amended), $5,908,000: Provided, That none of         in annual budget justifications and subject to
                                                         For necessary expenses to carry out the Na-
                                                                                                                these funds shall be available for compensation         approval by the Committees on Appropriations.
                                                      tional Foundation on the Arts and the Human-
                                                                                                                of level V of the Executive Schedule or higher          Changes to such estimates shall be presented to
                                                      ities Act of 1965, as amended, $161,315,000 shall
                                                                                                                positions.                                              the Committees on Appropriations for approval.
                                                      be available to the National Endowment for the
                                                      Arts for the support of projects and productions              NATIONAL CAPITAL PLANNING COMMISSION                                  GIANT SEQUOIA
                                                      in the arts, including arts education and public                        SALARIES AND EXPENSES                       SEC. 405. None of the funds in this Act may be
                                                      outreach activities, through assistance to orga-            For necessary expenses, as authorized by the          used to plan, prepare, or offer for sale timber
                                                      nizations and individuals pursuant to section 5           National Capital Planning Act of 1952 (40               from    trees  classified  as    giant    sequoia
                                                      of the Act, for program support, and for admin-           U.S.C. 71–71i), including services as authorized        (Sequoiadendron giganteum) which are located
                                                      istering the functions of the Act, to remain              by 5 U.S.C. 3109, $8,507,000: Provided, That one-       on National Forest System or Bureau of Land
                                                      available until expended: Provided, That funds            quarter of 1 percent of the funds provided under        Management lands in a manner different than
                                                      appropriated herein shall be expended in ac-              this heading may be used for official reception         such sales were conducted in fiscal year 2009.
                                                      cordance with sections 309 and 311 of Public              and representational expenses associated with
                                                      Law 108–447.                                                                                                                    MINING APPLICATIONS
                                                                                                                hosting international visitors engaged in the
                                                         NATIONAL ENDOWMENT FOR THE HUMANITIES                  planning and physical development of world                SEC. 406. (a) None of the funds appropriated
                                                                GRANTS AND ADMINISTRATION                       capitals.                                               or otherwise made available pursuant to this
                                                         For necessary expenses to carry out the Na-            UNITED STATES HOLOCAUST MEMORIAL MUSEUM                 Act shall be obligated or expended to accept or
                                                      tional Foundation on the Arts and the Human-                         HOLOCAUST MEMORIAL MUSEUM                    process applications for a patent for any mining
                                                      ities Act of 1965, as amended, $161,315,000, to re-         For expenses of the Holocaust Memorial Mu-            or mill site claim located under the general min-
                                                      main available until expended, of which                   seum, as authorized by Public Law 106–292 (36           ing laws.
                                                      $147,015,000 shall be available for support of ac-        U.S.C. 2301–2310), $49,122,000, of which $515,000         (b) EXCEPTIONS.—The provisions of subsection
                                                      tivities in the humanities, pursuant to section           for the Museum’s equipment replacement pro-             (a) shall not apply if the Secretary of the Inte-
                                                      7(c) of the Act and for administering the func-           gram, $1,900,000 for the museum’s repair and re-        rior determines that, for the claim concerned: (1)
                                                      tions of the Act; and $14,300,000 shall be avail-         habilitation program and $1,264,000 for the mu-         a patent application was filed with the Sec-
                                                      able to carry out the matching grants program             seum’s exhibition design and production pro-            retary on or before September 30, 1994; and (2)
                                                      pursuant to section 10(a)(2) of the Act including         gram shall remain available until expended.             all requirements established under sections 2325
                                                      $9,500,000 for the purposes of section 7(h): Pro-                          PRESIDIO TRUST                         and 2326 of the Revised Statutes (30 U.S.C. 29
                                                      vided, That appropriations for carrying out sec-                                                                  and 30) for vein or lode claims and sections 2329,
                                                                                                                                  PRESIDIO TRUST FUND
                                                      tion 10(a)(2) shall be available for obligation                                                                   2330, 2331, and 2333 of the Revised Statutes (30
                                                      only in such amounts as may be equal to the                 For necessary expenses to carry out title I of        U.S.C. 35, 36, and 37) for placer claims, and sec-
                                                      total amounts of gifts, bequests, and devises of          the Omnibus Parks and Public Lands Manage-              tion 2337 of the Revised Statutes (30 U.S.C. 42)
                                                      money, and other property accepted by the                 ment Act of 1996, $17,230,000 shall be available        for mill site claims, as the case may be, were
                                                      chairman or by grantees of the Endowment                  to the Presidio Trust, to remain available until        fully complied with by the applicant by that
                                                      under the provisions of subsections 11(a)(2)(B)           expended.                                               date.
                                                      and 11(a)(3)(B) during the current and pre-               DWIGHT D. EISENHOWER MEMORIAL COMMISSION                  (c) REPORT.—On September 30, 2010, the Sec-
                                                      ceding fiscal years for which equal amounts                             SALARIES AND EXPENSES                     retary of the Interior shall file with the House
                                                      have not previously been appropriated.                      For necessary expenses, including the costs of        and Senate Committees on Appropriations and
                                                                 ADMINISTRATIVE PROVISIONS                      construction design, of the Dwight D. Eisen-            the Committee on Natural Resources of the
                                                         None of the funds appropriated to the Na-              hower Memorial Commission, $3,000,000, to re-           House of Representatives and the Committee on
                                                      tional Foundation on the Arts and the Human-              main available until expended.                          Energy and Natural Resources of the Senate a
                                                      ities may be used to process any grant or con-                          CAPITAL CONSTRUCTION                      report on actions taken by the Department
                                                      tract documents which do not include the text of            For necessary expenses of the Dwight D. Ei-           under the plan submitted pursuant to section
                                                      18 U.S.C. 1913.                                           senhower Memorial Commission for design and             314(c) of the Department of the Interior and Re-
                                                         None of the funds appropriated to the Na-              construction of a memorial in honor of Dwight           lated Agencies Appropriations Act, 1997 (Public
                                                      tional Foundation on the Arts and the Human-              D. Eisenhower, as authorized by Public Law              Law 104–208).
                                                      ities may be used for official reception and rep-         106–79, $16,000,000, to remain available until ex-        (d) MINERAL EXAMINATIONS.—In order to
                                                      resentation expenses: Provided, That funds from           pended.                                                 process patent applications in a timely and re-
                                                      nonappropriated sources may be used as nec-                                    TITLE IV                           sponsible manner, upon the request of a patent
                                                      essary for official reception and representation                      GENERAL PROVISIONS                          applicant, the Secretary of the Interior shall
                                                      expenses.                                                                                                         allow the applicant to fund a qualified third-
                                                         The Chairperson of the National Endowment                      LIMITATION ON CONSULTING SERVICES
                                                                                                                                                                        party contractor to be selected by the Bureau of
                                                      for the Arts may approve grants of up to $10,000,                   (INCLUDING TRANSFERS OF FUNDS)                Land Management to conduct a mineral exam-
                                                      if in the aggregate this amount does not exceed             SEC. 401. The expenditure of any appropria-           ination of the mining claims or mill sites con-
                                                      5 percent of the sums appropriated for grant-             tion under this Act for any consulting service          tained in a patent application as set forth in
                                                      making purposes per year: Provided, That such             through procurement contract, pursuant to 5             subsection (b). The Bureau of Land Manage-
                                                      small grant actions are taken pursuant to the             U.S.C. 3109, shall be limited to those contracts        ment shall have the sole responsibility to choose
                                                      terms of an expressed and direct delegation of            where such expenditures are a matter of public          and pay the third-party contractor in accord-
                                                      authority from the National Council on the Arts           record and available for public inspection, ex-         ance with the standard procedures employed by
                                                      to the Chairperson.                                       cept where otherwise provided under existing            the Bureau of Land Management in the reten-
                                                                  COMMISSION OF FINE ARTS                       law, or under existing Executive Order issued           tion of third-party contractors.
                                                                      SALARIES AND EXPENSES
                                                                                                                pursuant to existing law.
                                                                                                                                                                                    CONTRACT SUPPORT COSTS
                                                                                                                           RESTRICTION ON USE OF FUNDS
                                                         For expenses made necessary by the Act estab-                                                                    SEC. 407. Notwithstanding any other provision
                                                      lishing a Commission of Fine Arts (40 U.S.C.                SEC. 402. No part of any appropriation con-
                                                                                                                tained in this Act shall be available for any ac-       of law, amounts appropriated to or otherwise
                                                      104), $2,294,000: Provided, That the Commission                                                                   designated in committee reports for the Bureau
                                                      is authorized to charge fees to cover the full            tivity or the publication or distribution of lit-
                                                                                                                erature that in any way tends to promote public         of Indian Affairs and the Indian Health Service
                                                      costs of its publications, and such fees shall be                                                                 by Public Laws 103–138, 103–332, 104–134, 104–
                                                      credited to this account as an offsetting collec-         support or opposition to any legislative proposal
                                                                                                                on which Congressional action is not complete           208, 105–83, 105–277, 106–113, 106–291, 107–63, 108–
                                                      tion, to remain available until expended without                                                                  7, 108–108, 108–447, 109–54, 109–289, division B
                                                      further appropriation: Provided further, That             other than to communicate to Members of Con-
                                                                                                                gress as described in 18 U.S.C. 1913.                   and Continuing Appropriations Resolution, 2007
                                                      the Commission is authorized to accept gifts, in-                                                                 (division B of Public Law 109–289, as amended
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                                                      cluding objects, papers, artwork, drawings and                 PROHIBITION ON USE OF FUNDS FOR PERSONAL
                                                                                                                                                                        by Public Laws 110–5 and 110–28), and Public
                                                      artifacts, that pertain to the history and design                              SERVICES
                                                                                                                                                                        Laws 110–92, 110–116, 110–137, 110–149, 110–161,
                                                      of the Nation’s Capital or the history and activi-           SEC. 403. None of the funds provided in this         110–329, 111–6, and 111–8 for payments for con-
                                                      ties of the Commission of Fine Arts, for the pur-         Act to any department or agency shall be obli-          tract support costs associated with self-deter-
                                                      pose of artistic display, study or education.             gated or expended to provide a personal cook,           mination or self-governance contracts, grants,
                                                      NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS                chauffeur, or other personal servants to any of-        compacts, or annual funding agreements with
                                                         For necessary expenses as authorized by Pub-           ficer or employee of such department or agency          the Bureau of Indian Affairs or the Indian
                                                      lic Law 99–190 (20 U.S.C. 956a), as amended,              except as otherwise provided by law.                    Health Service as funded by such Acts, are the
                                                      $9,500,000: Provided, That no organization shall                DISCLOSURE OF ADMINISTRATIVE EXPENSES             total amounts available for fiscal years 1994
                                                      receive a grant in excess of $650,000 in a single           SEC. 404. Estimated overhead charges, deduc-          through 2009 for such purposes, except that for
                                                      year.                                                     tions, reserves or holdbacks from programs,             the Bureau of Indian Affairs, tribes and tribal




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                       S9887
                                                      organizations may use their tribal priority allo-       retaries may award contracts, grants or cooper-       using a residual value approach that assigns
                                                      cations for unmet contract support costs of on-         ative agreements to local non-profit entities,        domestic Alaska values for western red cedar,
                                                      going contracts, grants, self-governance com-           Youth Conservation Corps or related partner-          all of the western red cedar timber from those
                                                      pacts, or annual funding agreements.                    ships with State, local or non-profit youth           sales which is surplus to the needs of domestic
                                                                 FOREST MANAGEMENT PLANS                      groups, or small or micro-business or disadvan-       processors in Alaska, shall be made available to
                                                        SEC. 408. Prior to October 1, 2010, the Sec-          taged business: Provided further, That the con-       domestic processors in the contiguous 48 United
                                                      retary of Agriculture shall not be considered to        tract, grant, or cooperative agreement is for for-    States at prevailing domestic prices. Should Re-
                                                      be in violation of subparagraph 6(f)(5)(A) of the       est hazardous fuels reduction, watershed or           gion 10 sell, in the current fiscal year, less than
                                                      Forest and Rangeland Renewable Resources                water quality monitoring or restoration, wildlife     the annual average portion of the decadal al-
                                                      Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))          or fish population monitoring, or habitat res-        lowable sale quantity called for in the Tongass
                                                      solely because more than 15 years have passed           toration or management: Provided further, That        Land Management Plan in sales which are not
                                                      without revision of the plan for a unit of the          the terms ‘‘rural community’’ and ‘‘economically      deficit when appraised using a residual value
                                                      National Forest System. Nothing in this section         disadvantaged’’ shall have the same meanings          approach that assigns domestic Alaska values
                                                      exempts the Secretary from any other require-           as in section 2374 of Public Law 101–624: Pro-        for western red cedar, the volume of western red
                                                      ment of the Forest and Rangeland Renewable              vided further, That the Secretaries shall develop     cedar timber available to domestic processors at
                                                      Resources Planning Act (16 U.S.C. 1600 et seq.)         guidance to implement this section: Provided          prevailing domestic prices in the contiguous 48
                                                      or any other law: Provided, That if the Sec-            further, That nothing in this section shall be        United States shall be that volume: (1) which is
                                                      retary is not acting expeditiously and in good          construed as relieving the Secretaries of any         surplus to the needs of domestic processors in
                                                      faith, within the funding available, to revise a        duty under applicable procurement laws, except        Alaska; and (2) is that percent of the surplus
                                                      plan for a unit of the National Forest System,          as provided in this section.                          western red cedar volume determined by calcu-
                                                      this section shall be void with respect to such                   PROHIBITION ON USE OF FUNDS                 lating the ratio of the total timber volume which
                                                      plan and a court of proper jurisdiction may               SEC. 412. None of the funds made available by       has been sold on the Tongass to the annual av-
                                                      order completion of the plan on an accelerated          this or any other Act may be used in fiscal year      erage portion of the decadal allowable sale
                                                      basis.                                                  2010 for competitive sourcing studies and any re-     quantity called for in the current Tongass Land
                                                                                                              lated activities involving Forest Service per-        Management Plan. The percentage shall be cal-
                                                         PROHIBITION WITHIN NATIONAL MONUMENTS
                                                                                                              sonnel.                                               culated by Region 10 on a rolling basis as each
                                                         SEC. 409. No funds provided in this Act may be                                                             sale is sold (for purposes of this amendment, a
                                                      expended to conduct preleasing, leasing and re-                      LIMITATION ON TAKINGS
                                                                                                                                                                    ‘‘rolling basis’’ shall mean that the determina-
                                                      lated activities under either the Mineral Leasing         SEC. 413. Unless otherwise provided herein, no      tion of how much western red cedar is eligible
                                                      Act (30 U.S.C. 181 et seq.) or the Outer Conti-         funds appropriated in this Act for the acquisi-       for sale to various markets shall be made at the
                                                      nental Shelf Lands Act (43 U.S.C. 1331 et seq.)         tion of lands or interests in lands may be ex-        time each sale is awarded). Western red cedar
                                                      within the boundaries of a National Monument            pended for the filing of declarations of taking or    shall be deemed ‘‘surplus to the needs of domes-
                                                      established pursuant to the Act of June 8, 1906         complaints in condemnation without the ap-            tic processors in Alaska’’ when the timber sale
                                                      (16 U.S.C. 431 et seq.) as such boundary existed        proval of the House and Senate Committees on          holder has presented to the Forest Service docu-
                                                      on January 20, 2001, except where such activi-          Appropriations: Provided, That this provision         mentation of the inability to sell western red
                                                      ties are allowed under the Presidential procla-         shall not apply to funds appropriated to imple-       cedar logs from a given sale to domestic Alaska
                                                      mation establishing such monument.                      ment the Everglades National Park Protection          processors at a price equal to or greater than the
                                                         INTERNATIONAL FIREFIGHTER COOPERATIVE                and Expansion Act of 1989, or to funds appro-         log selling value stated in the contract. All addi-
                                                                      AGREEMENTS                              priated for Federal assistance to the State of        tional western red cedar volume not sold to
                                                         SEC. 410. In entering into agreements with for-      Florida to acquire lands for Everglades restora-      Alaska or contiguous 48 United States domestic
                                                      eign countries pursuant to the Wildfire Suppres-        tion purposes.                                        processors may be exported to foreign markets at
                                                      sion Assistance Act (42 U.S.C. 1856m) the Sec-               HUNTERS POINT ENVIRONMENTAL CLEANUP              the election of the timber sale holder. All Alaska
                                                      retary of Agriculture and the Secretary of the            SEC. 414. In addition to the amounts otherwise      yellow cedar may be sold at prevailing export
                                                      Interior are authorized to enter into reciprocal        provided to the Environmental Protection Agen-        prices at the election of the timber sale holder.
                                                      agreements in which the individuals furnished           cy in this Act, $8,000,000, to remain available            COLORADO COOPERATIVE CONSERVATION
                                                      under said agreements to provide wildfire serv-         until expended, is provided to EPA to be trans-                       AUTHORITY
                                                      ices are considered, for purposes of tort liability,    ferred to the Department of the Navy for clean-
                                                      employees of the country receiving said services        up activities at the Treasure Island Naval Sta-         SEC. 418. Section 331 of the Department of the
                                                      when the individuals are engaged in fire sup-           tion—Hunters Point Annex.                             Interior and Related Agencies Appropriations
                                                      pression: Provided, That the Secretary of Agri-                                                               Act, 2001, as amended, is amended in subsection
                                                                                                                       EXTENSION OF GRAZING PERMITS
                                                      culture or the Secretary of the Interior should                                                               (e) by striking ‘‘September 30, 2009,’’ and insert-
                                                      not enter into any agreement under this provi-            SEC. 415. Section 325 of Public Law 108–108 is      ing ‘‘September 30, 2014,’’.
                                                      sion unless the foreign country (either directly        amended by striking ‘‘fiscal years 2004–2008’’
                                                                                                              and inserting ‘‘fiscal year 2010.’’                     NATIONAL COUNCIL ON THE ARTS MEMBERSHIP
                                                      or through its fire organization) agrees to as-
                                                      sume any and all liability for the acts or omis-              ALASKA NATIVE HEALTH CARE SERVICES                 SEC. 419. Section 6 of the National Foundation
                                                      sions of American firefighters engaged in fire-           SEC. 416. (a) Notwithstanding any other provi-      on the Arts and the Humanities Act of 1965
                                                      fighting in a foreign country: Provided further,        sion of law and until October 1, 2011, the Indian     (Public Law 89–209, 20 U.S.C. 955), as amended,
                                                      That when an agreement is reached for fur-              Health Service may not disburse funds for the         is further amended as follows:
                                                      nishing fire fighting services, the only remedies       provision of health care services pursuant to            (1) In the first sentence of subsection
                                                      for acts or omissions committed while fighting          Public Law 93–638 (25 U.S.C. 450 et seq.) to any      (b)(1)(C), by striking ‘‘14’’ and inserting in lieu
                                                      fires shall be those provided under the laws of         Alaska Native village or Alaska Native village        thereof ‘‘18’’; and
                                                      the host country, and those remedies shall be           corporation that is located within the area              (2) In the second sentence of subsection (d)(1),
                                                      the exclusive remedies for any claim arising out        served by an Alaska Native regional health enti-      by striking ‘‘Eight’’ and inserting in lieu thereof
                                                      of fighting fires in a foreign country: Provided        ty.                                                   ‘‘Ten’’.
                                                      further, That neither the sending country nor             (b) Nothing in this section shall be construed               PROHIBITION ON USE OF FUNDS
                                                      any legal organization associated with the fire-        to prohibit the disbursal of funds to any Alaska
                                                      fighter shall be subject to any legal action what-      Native village or Alaska Native village corpora-        SEC. 420. Notwithstanding any other provision
                                                      soever pertaining to or arising out of the fire-        tion under any contract or compact entered into       of law, none of the funds made available in this
                                                      fighter’s role in fire suppression.                     prior to May 1, 2006, or to prohibit the renewal      Act or any other Act may be used to promulgate
                                                                 CONTRACTING AUTHORITIES                      of any such agreement.                                or implement any regulation requiring the
                                                                                                                (c) For the purpose of this section, Eastern        issuance of permits under title V of the Clean
                                                        SEC. 411. In awarding a Federal contract with
                                                                                                              Aleutian     Tribes,  Inc.,    the   Council    of    Air Act (42 U.S.C. 7661 et seq.) for carbon diox-
                                                      funds made available by this Act, notwith-
                                                                                                              Athabascan Tribal Governments, and the Native         ide, nitrous oxide, water vapor, or methane
                                                      standing Federal Government procurement and
                                                                                                              Village of Eyak shall be treated as Alaska Na-        emissions resulting from biological processes as-
                                                      contracting laws, the Secretary of Agriculture
                                                                                                              tive regional health entities to which funds may      sociated with livestock production.
                                                      and the Secretary of the Interior (the ‘‘Secre-
                                                      taries’’) may, in evaluating bids and proposals,        be disbursed under this section.                         GREENHOUSE GAS REPORTING RESTRICTIONS
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                                                      give consideration to local contractors who are                    TIMBER SALE REQUIREMENTS
                                                                                                                                                                      SEC. 421. Notwithstanding any other provision
                                                      from, and who provide employment and training             SEC. 417. No timber sale in Region 10 shall be      of law, none of the funds made available in this
                                                      for, dislocated and displaced workers in an eco-        advertised if the indicated rate is deficit when      Act or any other Act may be used to implement
                                                      nomically disadvantaged rural community, in-            appraised using a residual value approach that        any rule that requires mandatory reporting of
                                                      cluding those historically timber-dependent             assigns domestic Alaska values for western red        greenhouse gas emissions from manure manage-
                                                      areas that have been affected by reduced timber         cedar. Program accomplishments shall be based         ment systems emitting less than 25,000 tons of
                                                      harvesting on Federal lands and other forest-de-        on volume sold. Should Region 10 sell, in the         carbon dioxide equivalent per year.
                                                      pendent rural communities isolated from signifi-        current fiscal year, the annual average portion
                                                                                                                                                                         CONGRESSIONALLY DIRECTED SPENDING
                                                      cant alternative employment opportunities: Pro-         of the decadal allowable sale quantity called for
                                                      vided, That notwithstanding Federal Govern-             in the current Tongass Land Management Plan             SEC. 422. Within the amounts appropriated in
                                                      ment procurement and contracting laws the Sec-          in sales which are not deficit when appraised         this Act, funding shall be allocated in the




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                                                      S9888                                             CONGRESSIONAL RECORD — SENATE                                                    September 25, 2009
                                                      amounts specified for those projects and pur-           the private entity equipment, the title of which         (3) SENSE OF CONGRESS ON DESIGNATION OF
                                                      poses delineated in the table titled ‘‘Congres-         is held by the Federal Government.’’.                  FLAME FUND APPROPRIATIONS AS EMERGENCY RE-
                                                      sionally Directed Spending’’ included in the               SEC. 428. It is the sense of the Senate that the    QUIREMENT.—It is the sense of Congress that
                                                      committee report accompanying this Act.                 Senate—                                                further amounts appropriated to the Flame
                                                                PROHIBITION ON USE OF FUNDS                      (1) supports the National Vehicle Mercury           Fund should be designated as amounts nec-
                                                        SEC. 423. None of the funds made available            Switch Recovery Program as an effective way to         essary to meet emergency needs.
                                                      under this Act may be distributed to the Asso-          reduce mercury pollution from electric arc fur-           (4) NOTICE OF INSUFFICIENT FUNDS.—The Sec-
                                                      ciation of Community Organizations for Reform           naces used by the steel industry to melt scrap         retaries shall notify the congressional commit-
                                                      Now (ACORN) or its subsidiaries.                        metal from old vehicles; and                           tees described in subsection (h)(2) if the Secre-
                                                                                                                 (2) urges the founders of the Program to se-        taries estimate that only 60 days worth of fund-
                                                      PROHIBITION ON USE OF WILDLAND FIRE MANAGE-
                                                                                                              cure private sector financial support so that the      ing remains in the Flame Fund.
                                                        MENT STIMULUS FUNDS IN THE DISTRICT OF CO-
                                                                                                              successful efforts of the Program to reduce mer-          (d) TRANSFER OF EXCESS WILDFIRE SUPPRES-
                                                        LUMBIA
                                                                                                              cury pollution may continue.                           SION AMOUNTS INTO FLAME FUND.—At the end
                                                        SEC. 424. Notwithstanding any other provision                   NATIONAL FOREST FOUNDATION                   of each fiscal year, the Secretary concerned
                                                      of law, none of the funds made available under                                                                 shall transfer to the Flame Fund amounts
                                                      the American Recovery and Reinvestment Act of             SEC. 429. Section 403(a) of the National Forest
                                                                                                              Foundation Act (16 U.S.C. 583j–1(a)) is amend-         that—
                                                      2009 (Public Law 111–5; 123 Stat. 115) for                                                                        (1) are appropriated to the Secretary con-
                                                      wildland fire management shall be used in the           ed, in the first sentence, by striking ‘‘fifteen Di-
                                                                                                              rectors’’ and inserting ‘‘not more than 30 Direc-      cerned for wildfire suppression activities for the
                                                      District of Columbia.                                                                                          fiscal year; but
                                                                                                              tors’’.
                                                              JUNGO DISPOSAL SITE EVALUATION                                                                            (2) are not obligated for wildfire suppression
                                                                                                                                CABIN USER FEES
                                                         SEC. 425. Using funds made available under                                                                  activities before the end of the fiscal year.
                                                                                                                SEC. 430. Notwithstanding any other provision
                                                      this Act, the Director of the United States Geo-                                                                  (e) USE OF FLAME FUND.—
                                                                                                              of law, none of the funds made available by this
                                                      logical Survey may conduct an evaluation of the                                                                   (1) IN GENERAL.—Subject to paragraphs (2),
                                                                                                              Act shall be used to increase the amount of
                                                      aquifers in the area of the Jungo Disposal Site                                                                (3), and (4), amounts in the Flame Fund shall be
                                                                                                              cabin user fees under section 608 of the Cabin
                                                      in Humboldt County, Nevada (referred to in this                                                                available to the Secretary concerned to pay the
                                                                                                              User Fee Fairness Act of 2000 (16 U.S.C. 6207) to
                                                      section as the ‘‘site’’), to evaluate—                                                                         costs of emergency wildfire suppression activi-
                                                                                                              an amount beyond the amount levied on Decem-
                                                         (1) how long it would take waste seepage (in-                                                               ties that are separate from amounts annually
                                                                                                              ber 31, 2009.
                                                      cluding asbestos, discarded tires, and sludge                                                                  appropriated to the Secretary concerned for rou-
                                                                                                                    FLAME FUND FOR EMERGENCY WILDFIRE
                                                      from water treatment plants) from the site to                                                                  tine wildfire suppression activities.
                                                                                                                          SUPPRESSION ACTIVITIES
                                                      contaminate local underground water resources;                                                                    (2) DECLARATION REQUIRED.—
                                                         (2) the distance that contamination from the            SEC. 431. (a) DEFINITIONS.—In this section:            (A) IN GENERAL.—Amounts in the Flame Fund
                                                      site would travel in each of—                              (1) FEDERAL LAND.—The term ‘‘Federal land’’         shall be made available to the Secretary con-
                                                         (A) 95 years; and                                    means—                                                 cerned only after the Secretaries issue a declara-
                                                         (B) 190 years;                                          (A) public land, as defined in section 103 of       tion that a wildfire suppression activity is eligi-
                                                         (3) the potential impact of expected waste           the Federal Land Policy and Management Act             ble for funding from the Flame Fund.
                                                      seepage from the site on nearby surface water           of 1976 (43 U.S.C. 1702);                                 (B) DECLARATION CRITERIA.—A declaration by
                                                                                                                 (B) units of the National Park System;
                                                      resources, including Rye Patch Reservoir and                                                                   the Secretaries under subparagraph (A) may be
                                                                                                                 (C) refuges of the National Wildlife Refuge
                                                      the Humboldt River;                                                                                            issued only if—
                                                                                                              System;
                                                         (4) the size and elevation of the aquifers; and                                                                (i) in the case of an individual wildfire inci-
                                                                                                                 (D) land held in trust by the United States for
                                                         (5) any impact that the waste seepage from                                                                  dent—
                                                                                                              the benefit of Indian tribes or members of an In-
                                                      the site would have on the municipal water re-                                                                    (I) the fire covers 300 or more acres; and
                                                                                                              dian tribe; and
                                                      sources of Winnemucca, Nevada.                                                                                    (II) the Secretaries determine that the fire has
                                                                                                                 (E) land in the National Forest System, as de-
                                                                  BUYOUT AND RELOCATION                                                                              required an emergency Federal response based
                                                                                                              fined in section 11(a) of the Forest and Range-
                                                        SEC. 426. (a) As soon as practicable after the                                                               on the significant complexity, severity, or threat
                                                                                                              land Renewable Resources Planning Act of 1974
                                                      date of enactment of this Act, the Administrator                                                               posed by the fire to human life, property, or re-
                                                                                                              (16 U.S.C. 1609(a)).
                                                      of the Environmental Protection Agency (re-                (2) FLAME FUND.—The term ‘‘Flame Fund’’             sources; or
                                                      ferred to in this section as the ‘‘Administrator’’)     means the Federal Land Assistance, Manage-                (ii) the cumulative costs of wildfire suppres-
                                                      is encouraged to consider all appropriate cri-          ment, and Enhancement Fund established by              sion activities for the Secretary concerned have
                                                      teria, including cost-effectiveness, relating to        subsection (b).                                        exceeded the amounts appropriated to the Sec-
                                                      the buyout and relocation of residents of prop-            (3) SECRETARIES.—The term ‘‘Secretaries’’           retary concerned for those activities (not includ-
                                                      erties in Treece, Kansas, that are subject to risk      means the Secretary of the Interior and the Sec-       ing funds deposited in the Flame Fund).
                                                      relating to, and that may endanger the health           retary of Agriculture, acting jointly.                    (3) TRANSFER OF AMOUNTS TO SECRETARY CON-
                                                      of occupants as a result of risks posed by, chat           (4) SECRETARY CONCERNED.—The term ‘‘Sec-            CERNED.—After issuance of a declaration under
                                                      (as defined in section 278.1(b) of title 40, Code of    retary concerned’’ means—                              paragraph (2) and on request of the Secretary
                                                      Federal Regulations (as in effect on the date of           (A) the Secretary of the Interior, with respect     concerned, the Secretary of the Treasury shall
                                                      enactment of this Act)).                                to Federal land described in subparagraphs (A),        transfer from the Flame Fund to the Secretary
                                                        (b) For the purpose of the remedial action            (B), (C), and (D) of paragraph (1); and                concerned such amounts as the Secretaries de-
                                                      under the Comprehensive Environmental Re-                  (B) the Secretary of Agriculture, with respect      termine are necessary for wildfire suppression
                                                      sponse, Compensation, and Liability Act of 1980         to National Forest System land.                        activities associated with the declaration.
                                                      (42 U.S.C. 9601 et seq.) that includes permanent           (b) ESTABLISHMENT OF FLAME FUND.—There is              (4) STATE, PRIVATE, AND TRIBAL LAND.—Use of
                                                      relocation of residents of Treece, Kansas, any          established in the Treasury of the United States       the Flame Fund for emergency wildfire suppres-
                                                      such relocation shall not be subject to the Uni-        a fund to be known as the ‘‘Federal Land As-           sion activities on State land, private land, and
                                                      form Relocation Assistance and Real Property            sistance, Management, and Enhancement                  tribal land shall be consistent with any existing
                                                      Acquisition Policies Act of 1970 (42 U.S.C. 4601        Fund’’, consisting of—                                 agreements in which the Secretary concerned
                                                      et seq.).                                                  (1) such amounts as are appropriated to the         has agreed to assume responsibility for wildfire
                                                        (c) Nothing in this section shall in any way          Flame Fund; and                                        suppression activities on the land.
                                                      affect, impede, or change the relocation or reme-          (2) such amounts as are transferred to the             (f) TREATMENT OF ANTICIPATED AND PRE-
                                                      diation activities pursuant to the Record of De-        Flame Fund under subsection (d).                       DICTED ACTIVITIES.—
                                                      cision Operable Unit 4, Chat Piles, Other Mine             (c) FUNDING.—                                          (1) IN GENERAL.—Subject to subsection
                                                      and Mill Waste, and Smelter Waste, Tar Creek               (1) AUTHORIZATION OF APPROPRIATIONS.—               (e)(2)(B)(ii), the Secretary concerned shall con-
                                                      Superfund Site, Ottawa County, Oklahoma                    (A) IN GENERAL.—There are authorized to be          tinue to fund routine wildfire suppression ac-
                                                      (OKD980629844) issued by the Environmental              appropriated to the Flame Fund such amounts            tivities within the appropriate agency budget for
                                                      Protection Agency Region 6 on February 20,              as are necessary to carry out this section.            each fiscal year.
                                                      2008, or any other previous Record of Decision             (B) CONGRESSIONAL INTENT.—It is the intent             (2) CONGRESSIONAL INTENT.—It is the intent of
                                                      at the Tar Creek, Oklahoma, National Priority           of Congress that the amounts appropriated to           Congress that funding made available through
                                                                                                                                                                     the Flame Fund be used—
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                                                      List Site, by any Federal agency or through any         the Flame Fund for each fiscal year should be
                                                      funding by any Federal agency.                          not less than the combined average amount ex-             (A) to supplement the funding otherwise ap-
                                                        SEC. 427. Section 404(c) of the Agricultural Re-      pended by each Secretary concerned for emer-           propriated to the Secretary concerned; and
                                                      search, Extension, and Education Reform Act of          gency wildfire suppression activities over the 5          (B) only for purposes in, and instances con-
                                                      1998 (7 U.S.C. 7624(c)) is amended—                     fiscal years preceding the fiscal year for which       sistent with, this section.
                                                        (1) in paragraph (1), by striking ‘‘Agricultural      amounts are appropriated.                                 (g) PROHIBITION ON OTHER TRANSFERS.—Any
                                                      Research Service’’ and inserting ‘‘Department of           (C) AVAILABILITY.—Amounts appropriated to           amounts in the Flame Fund and any amounts
                                                      Agriculture’’; and                                      the Flame Fund shall remain available until ex-        appropriated for the purpose of wildfire sup-
                                                        (2) by adding at the end the following:               pended.                                                pression on Federal land shall be obligated be-
                                                        ‘‘(3) AUTHORITY OF SECRETARY.—To carry out               (2) APPROPRIATION.—There is appropriated to         fore the Secretary concerned may transfer funds
                                                      a cooperative agreement with a private entity           the Flame Fund, out of funds of the Treasury           from non-fire accounts for wildfire suppression.
                                                      under paragraph (1), the Secretary may rent to          not otherwise appropriated, $834,000,000.                 (h) ACCOUNTING AND REPORTS.—




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                                                      September 25, 2009                                CONGRESSIONAL RECORD — SENATE                                                                    S9889
                                                        (1) ACCOUNTING AND REPORTING SYSTEM.—The              strategy, including changes with respect to             The PRESIDING OFFICER. The
                                                      Secretaries shall establish an accounting and re-       landscape, vegetation, climate, and weather.          clerk will report the bill by title.
                                                      porting system for the Flame Fund that is com-           PROHIBITION ON NO-BID CONTRACTS AND GRANTS             The legislative clerk read as follows:
                                                      patible with existing National Fire Plan report-           SEC. 433. (a) Notwithstanding any other provi-
                                                      ing procedures.                                                                                                 A bill (S. 1717) to authorize major medical
                                                                                                              sion of this Act, none of the funds appropriated
                                                        (2) ANNUAL REPORT.—Annually, the Secre-                                                                     facility leases for the Department of Vet-
                                                                                                              or otherwise made available by this Act may
                                                      taries shall submit to the Committee on Natural                                                               erans Affairs for fiscal year 2010, and for
                                                                                                              be—
                                                      Resources, the Committee on Agriculture, and                                                                  other purposes.
                                                                                                                 (1) used to make any payment in connection
                                                      the Committee on Appropriations of the House            with a contract not awarded using competitive           There being no objection, the Senate
                                                      of Representatives and the Committee on Energy          procedures in accordance with the requirements        proceeded to consider the bill.
                                                      and Natural Resources, the Committee on In-             of section 303 of the Federal Property and Ad-          Mr. AKAKA. Mr. President, today,
                                                      dian Affairs, and the Committee on Appropria-           ministrative Services Act of 1949 (41 U.S.C. 253),    with Ranking Member Richard Burr, I
                                                      tions of the Senate and make available to the           section 2304 of title 10, United States Code, and     have introduced legislation that would
                                                      public a report that—                                   the Federal Acquisition Regulation; or
                                                        (A) describes the use of amounts from the                (2) awarded by grant not subjected to merit-       authorize the Department of Veterans
                                                      Flame Fund; and                                         based competitive procedures, needs-based cri-        Affairs to proceed with certain medical
                                                        (B) includes any recommendations that the             teria, or other procedures specifically authorized    facility leases for fiscal year 2010.
                                                      Secretaries may have to improve the administra-         by law to select the grantee or award recipient.      These leases include facilities in nine
                                                      tive control and oversight of the Flame Fund.              (b) This prohibition shall not apply to the        different States, including South Caro-
                                                        (3) ESTIMATES OF WILDFIRE SUPPRESSION COSTS           awarding of contracts or grants with respect to       lina, Georgia, California, Alabama,
                                                      TO IMPROVE BUDGETING AND FUNDING.—                      which—                                                Pennsylvania, North Carolina, Kansas,
                                                        (A) IN GENERAL.—Consistent with the sched-               (1) no more than one applicant submits a bid
                                                                                                              for a contract or grant; or                           Texas, and Florida.
                                                      ule provided in subparagraph (C), the Secre-
                                                      taries shall submit to the committees described            (2) Federal law specifically authorizes a grant      We are moving this bill at this time
                                                      in paragraph (2) an estimate of anticipated             or contract to be entered into without regard for     because I have been advised that VA
                                                      wildfire suppression costs for the applicable fis-      these requirements, including formula grants for      can proceed with preliminary steps re-
                                                      cal year and the subsequent fiscal year.                States, or Federally recognized Indian tribes; or     lating to these leases in advance of an
                                                        (B) PEER REVIEW.—The methodology for de-                 (3) such contracts or grants are authorized by     appropriation, if authorization is in
                                                      veloping the estimates under subparagraph (A)           the Indian Self-Determination and Education           place. While I hope that the Senate will
                                                      shall be subject to periodic peer review to ensure      and Assistance Act (Public Law 93–638, 25
                                                                                                              U.S.C. 450 et seq., as amended) or by any other
                                                                                                                                                                    pass an appropriations bill for VA as
                                                      compliance with subparagraph (D).                                                                             soon as possible, this is something we
                                                        (C) SCHEDULE.—The Secretaries shall submit            Federal laws that specifically authorize a grant
                                                      an estimate under subparagraph (A) during—              or contract with an Indian tribe as defined in        can do today. I will soon introduce an-
                                                        (i) the first week of February of each year;          section 4(e) of that Act (25 U.S.C. 450b (e)).        other bill to fully authorize VA’s con-
                                                        (ii) the first week of April of each year;               SEC. 434. (a) Notwithstanding any other provi-     struction projects. In the meantime, I
                                                        (iii) the first week of July of each year; and        sion of this Act and except as provided in sub-       urge my colleagues to support this bill,
                                                        (iv) if a bill making appropriations for the De-      section (b), any report required to be submitted      which will enable VA to secure the
                                                      partment of the Interior and the Forest Service         by a Federal agency or department to the Com-
                                                                                                                                                                    space it needs to care for veterans from
                                                      for the following fiscal year has not been en-          mittee on Appropriations of either the Senate or
                                                                                                              the House of Representatives in this Act shall be     all conflicts.
                                                      acted by September 1, the first week of Sep-                                                                    Mr. REID. Mr. President, I ask unan-
                                                      tember of each year.                                    posted on the public website of that agency
                                                        (D) REQUIREMENTS.—An estimate of antici-              upon receipt by the committee.                        imous consent that the bill be read
                                                      pated wildfire suppression costs shall be devel-           (b) Subsection (a) shall not apply to a report     three times and passed, the motion to
                                                      oped using the best available—                          if—                                                   reconsider be laid upon the table, there
                                                        (i) climate, weather, and other relevant data;           (1) the public posting of the report com-          be no intervening action or debate, and
                                                                                                              promises national security; or
                                                      and
                                                                                                                 (2) the report contains proprietary informa-
                                                                                                                                                                    any statements relating to the matter
                                                        (ii) models and other analytic tools.                                                                       be printed in the RECORD.
                                                                                                              tion.
                                                        (i) TERMINATION OF AUTHORITY.—The author-                                                                     The PRESIDING OFFICER. Without
                                                                                                                 SEC. 435. Section 1971(1) of the Omnibus Pub-
                                                      ity under this section shall terminate at the end                                                             objection, it is so ordered.
                                                                                                              lic Land Management Act of 2009 (16 U.S.C.
                                                      of the third fiscal year in which no appropria-         460www note; Public Law 111–11) is amended by           The bill (S. 1717) was ordered to be
                                                      tions to or withdrawals from the Flame Fund             striking ‘‘December 18, 2008’’ and inserting          engrossed for a third reading, was read
                                                      have been made for a period of 3 consecutive fis-       ‘‘September 20, 2009’’.                               the third time, and passed, as follows:
                                                      cal years.
                                                                                                                         TAR CREEK SUPERFUND SITE
                                                        COHESIVE WILDFIRE MANAGEMENT STRATEGY                                                                                            S. 1717
                                                                                                                SEC. 436. (a) IN GENERAL.—To expedite the
                                                        SEC. 432. (a) STRATEGY REQUIRED.—Not later            cleanup of the Federal land and Indian land at          Be it enacted by the Senate and House of Rep-
                                                      than 1 year after the date of enactment of this         the Tar Creek Superfund Site (referred to in this     resentatives of the United States of America in
                                                      Act, the Secretary of the Interior and the Sec-         section as the ‘‘site’’), any purchase of chat (as    Congress assembled,
                                                      retary of Agriculture, acting jointly, shall sub-       defined in section 278.1(b) of title 40, Code of      SECTION 1. AUTHORIZATION OF FISCAL YEAR
                                                      mit to Congress a report that contains a cohe-          Federal Regulations (or a successor regulation)),               2010 MAJOR MEDICAL FACILITY
                                                      sive wildfire management strategy, consistent                                                                           LEASES.
                                                                                                              from the site shall be—
                                                      with the recommendations described in recent              (1) counted at twice the purchase price of the        (a) IN GENERAL.—The Secretary of Vet-
                                                      reports of the Government Accountability Office         chat; and                                             erans Affairs may carry out the following
                                                      regarding management strategies.                          (2) eligible to be counted toward meeting the       fiscal year 2010 major medical facility leases
                                                        (b) ELEMENTS OF STRATEGY.—The strategy re-            federally required disadvantaged business enter-      at the locations specified, in an amount not
                                                      quired by subsection (a) shall provide for—             prise set-aside on federally funded projects.         to exceed the amount shown for that loca-
                                                        (1) the identification of the most cost-effective       (b) RESTRICTED INDIAN OWNERS.—Subsection            tion:
                                                      means for allocating fire management budget re-         (a) shall only apply if the purchase of chat is         (1) Anderson, South Carolina, Outpatient
                                                      sources;                                                made from 1 or more restricted Indian owners or       Clinic, in an amount not to exceed $4,774,000.
                                                        (2) the reinvestment in non-fire programs by          an Indian tribe.                                        (2) Atlanta, Georgia, Specialty Care Clinic,
                                                      the Secretary of the Interior and the Secretary           (c) APPLICABLE LAW.—The use of chat ac-             in an amount not to exceed $5,172,000.
                                                      of Agriculture;                                         quired under subsection (a) shall conform with          (3) Bakersfield, California, Community
                                                        (3) employing the appropriate management re-          applicable laws (including the regulations for        Based Outpatient Clinic, in an amount not to
                                                      sponse to wildfires;                                    the use of chat promulgated by the Adminis-           exceed $3,464,000.
                                                        (4) assessing the level of risk to communities;       trator of the Environmental Protection Agency).         (4) Birmingham, Alabama, Annex Clinic
                                                        (5) the allocation of hazardous fuels reduction         This Act may be cited as the ‘‘Department of        and Parking Garage, in an amount not to ex-
                                                      funds based on the priority of hazardous fuels                                                                ceed $6,279,000.
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                                                                                                              the Interior, Environment, and Related Agencies
                                                      reduction projects;                                     Appropriations Act, 2010’’.                             (5) Butler, Pennsylvania, Health Care Cen-
                                                        (6) assessing the impacts of climate change on                          f                                   ter, in an amount not to exceed $16,482,000.
                                                      the frequency and severity of wildfire; and                                                                     (6) Charlotte, North Carolina, Health Care
                                                        (7) studying the effects of invasive species on       AUTHORIZING        MAJOR       MEDICAL                Center, in an amount not to exceed
                                                      wildfire risk.                                            FACILITY LEASES FOR THE DE-                         $30,457,000.
                                                        (c) REVISION.—At least once during each 5-              PARTMENT OF VETERANS AF-                              (7) Fayetteville, North Carolina, Health
                                                      year period beginning on the date of the submis-          FAIRS FOR FISCAL YEAR 2010                          Care Center, in an amount not to exceed
                                                      sion of the cohesive wildfire management strat-                                                               $23,487,000.
                                                      egy under subsection (a), the Secretaries shall           Mr. REID. Mr. President, I ask unan-                  (8) Huntsville, Alabama, Outpatient Clinic
                                                      revise the strategy submitted under that sub-           imous consent that the Senate proceed                 Expansion, in an amount not to exceed
                                                      section to address any changes affecting the            to the consideration of S. 1717.                      $4,374,000.




                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00029   Fmt 0624   Sfmt 0634   E:\RECORD09\RECFILES\S25SE9.REC   S25SE9
                                                      S9890                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                        (9) Kansas City, Kansas, Community Based              422, the nomination of Jeffrey Viken,                   The following named officer for appoint-
                                                      Outpatient Clinic, in an amount not to ex-              to be U.S. district judge; that there be              ment in the United States Army to the grade
                                                      ceed $4,418,000.                                        60 minutes of debate with respect to                  indicated while assigned to a position of im-
                                                        (10) Loma Linda, California, Health Care                                                                    portance and responsibility under title 10,
                                                                                                              the nomination, with the time equally
                                                      Center, in an amount not to exceed                                                                            U.S.C., section 601:
                                                      $31,154,000                                             divided and controlled between the
                                                                                                                                                                                To be lieutenant general
                                                        (11) McAllen, Texas, Outpatient Clinic, in            chairman and ranking member of the
                                                                                                              Judiciary Committee or their des-                     Lt. Gen. John D. Gardner
                                                      an amount not to exceed $4,444,000.
                                                        (12) Monterey, California, Health Care Cen-           ignees; that at 5:30 p.m., the Senate                   The following named officer for appoint-
                                                      ter, in an amount not to exceed $11,628,000.            proceed to vote on confirmation of the                ment in the United States Army to the grade
                                                        (13) Montgomery, Alabama, Health Care                                                                       indicated while assigned to a position of im-
                                                                                                              nomination; that upon confirmation,
                                                      Center, in an amount not to exceed $9,943,000.                                                                portance and responsibility under title 10,
                                                                                                              the motion to reconsider be considered                U.S.C., section 601:
                                                        (14) Tallahassee, Florida, Outpatient Clin-
                                                                                                              made and laid upon the table; that the
                                                      ic, in an amount not to exceed $13,165,000.                                                                               To be lieutenant general
                                                        (15)   Winston-Salem,      North   Carolina,          President be immediately notified of
                                                                                                              the Senate’s action, and the Senate                   Lt. Gen. Frank G. Helmick
                                                      Health Care Center, in an amount not to ex-
                                                      ceed $26,986,000.                                       then resume legislative session.                        The following named officer for appoint-
                                                        (b) AUTHORIZATION OF APPROPRIATIONS.—                   The PRESIDING OFFICER. Without                      ment in the United States Army to the grade
                                                      There is authorized to be appropriated to the                                                                 indicated while assigned to a position of im-
                                                                                                              objection, it is so ordered.                          portance and responsibility under title 10,
                                                      Secretary of Veterans Affairs for fiscal year
                                                                                                                                f                                   U.S.C., section 601:
                                                      2010 or the year in which funds are appro-
                                                      priated for the Medical Facilities account                         EXECUTIVE SESSION                                      To be lieutenant general
                                                      $196,227,000 for the leases authorized in sub-                                                                Maj. Gen. Mark P. Hertling
                                                      section (a).                                                                                                    The following named officers for appoint-
                                                                       f                                             EXECUTIVE CALENDAR                             ment to the grade indicated in the United
                                                      EXTENDING        PROGRAMS         UNDER                   Mr. REID. Mr. President, I ask unan-                States Army under title 10, U.S.C., section
                                                                                                                                                                    624:
                                                        THE SMALL BUSINESS ACT AND                            imous consent that the Senate proceed
                                                        THE SMALL BUSINESS INVEST-                            to executive session to consider Cal-                              To be brigadier general
                                                        MENT ACT OF 1958                                      endar Nos. 435 to and including 457, and              Colonel Robin B. Akin
                                                                                                              all nominations on the Secretary’s                    Colonel Robert P. Ashley, Jr.
                                                        Mr. REID. Mr. President, I ask unan-                                                                        Colonel Jeffrey L. Bannister
                                                      imous consent that the Senate proceed                   desk in the Air Force, Army and Navy;
                                                                                                                                                                    Colonel Joseph L. Bass
                                                      to the consideration of H.R. 3614.                      that the nominations be confirmed en                  Colonel Lewis M. Boone
                                                        The PRESIDING OFFICER. The                            bloc; the motions to reconsider be laid               Colonel Clarence K.K. Chinn
                                                      clerk will report the bill by title.                    on the table en bloc; that no further                 Colonel Kenneth R. Dahl
                                                        The legislative clerk read as follows:                motions be in order; and that any                     Colonel Gordon B. Davis, Jr.
                                                                                                              statements relating to the nominations                Colonel Scott F. Donahue
                                                        A bill (H.R. 3614) to provide for an addi-                                                                  Colonel Edward F. Dorman, III
                                                      tional temporary extension of programs                  be printed in the RECORD; provided fur-
                                                                                                              ther that the President be immediately                Colonel Randal A. Dragon
                                                      under the Small Business Act and the Small                                                                    Colonel Billy D. Farris, II
                                                      Business Investment Act of 1958, and for                notified of the Senate’s action and the
                                                                                                                                                                    Colonel Terry R. Ferrell
                                                      other purposes.                                         Senate return to legislative session.                 Colonel Paul E. Funk, II
                                                        There being no objection, the Senate                    The PRESIDING OFFICER. Without                      Colonel Ricky D. Gibbs
                                                      proceeded to consider the bill.                         objection, it is so ordered.                          Colonel Harold J. Greene
                                                        Mr. REID. Mr. President, I ask unan-                    The nominations considered and con-                 Colonel Christopher K. Haas
                                                      imous consent that a Landrieu amend-                    firmed en bloc, are as follows:                       Colonel William C. Hix
                                                                                                                                                                    Colonel Stephen B. Leisenring
                                                      ment, which is at the desk, be agreed                                    IN THE AIR FORCE
                                                                                                                                                                    Colonel Stephen R. Lyons
                                                      to, the bill, as amended, be read a third                 The following named officer for appoint-            Colonel Jonathan A. Maddux
                                                      time and passed, and the motions to re-                 ment in the United States Air Force to the            Colonel Mark A. McAlister
                                                      consider be laid upon the table; that                   grade indicated while assigned to a position          Colonel John J. McGuiness
                                                      there be no intervening action or de-                   of importance and responsibility under title          Colonel Michael K. Nagata
                                                                                                              10, U.S.C., section 601:
                                                      bate, and any statements relating to                                                                          Colonel Bryan R. Owens
                                                      this matter be printed in the RECORD.                                To be lieutenant general                 Colonel James F. Pasquarette
                                                        The PRESIDING OFFICER. Without                        Maj. Gen. Ralph J. Jodice, II                         Colonel Victor Petrenko
                                                                                                                The following named officer for appoint-            Colonel Aundre F. Piggee
                                                      objection, it is so ordered.
                                                                                                              ment in the United States Air Force to the            Colonel John S. Regan
                                                        The amendment (No. 2556) was agreed                                                                         Colonel Bryan T. Roberts
                                                      to, as follows:                                         grade indicated while assigned to a position
                                                                                                              of importance and responsibility under title          Colonel John G. Rossi
                                                        Strike sections 2 and 3.                              10, U.S.C., section 601:                              Colonel William J. Scott
                                                        The amendment was ordered to be                                                                             Colonel Thomas C. Seamands
                                                                                                                           To be lieutenant general                 Colonel Charles L. Taylor
                                                      engrossed, and the bill to be read a                    Maj. Gen. William J. Rew                              Colonel Stephen M. Twitty
                                                      third time.                                                                                                   Colonel Jeffery L. Underhill
                                                                                                                The following named officer for appoint-
                                                        The bill (H.R. 3614), as amended, was                 ment in the United States Air Force to the            Colonel Darrell K. Williams
                                                      read the third time and passed, as fol-                 grade indicated while assigned to a position          Colonel Peter B. Zwack
                                                      lows:                                                   of importance and responsibility under title            The following named officer for appoint-
                                                                         H.R. 3614                            10, U.S.C., section 601:                              ment in the Reserve of the Army to the
                                                        Resolved, That the bill from the House of                          To be lieutenant general                 grade indicated under title 10, U.S.C., section
                                                      Representatives (H.R. 3614) entitled ‘‘An Act           Maj. Gen. Christopher D. Miller                       12203:
                                                      to provide for an additional temporary ex-                                                                                 To be brigadier general
                                                                                                                                 IN THE ARMY
                                                      tension of programs under the Small Busi-                                                                     Col. David J. Conboy
                                                      ness Act and the Small Business Investment                The following Army National Guard of the
                                                      Act of 1958, and for other purposes.’’, do pass         United States officer for appointment in the            The following named officer for appoint-
                                                                                                              Reserve of the Army to the grade indicated            ment in the Reserve of the Army to the
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                                                      with the following amendment:
                                                        Strike sections 2 and 3.                              under title 10, U.S.C., section 12211:                grade indicated under title 10, U.S.C., section
                                                                                                                            To be major general                     12203:
                                                                      f
                                                                                                              Brig. Gen. Joseph B. DiBartolomeo                                  To be brigadier general
                                                             UNANIMOUS CONSENT                                                                                      Col. James V. Young, Jr.
                                                                                                                The following named officer for appoint-
                                                              AGREEMENT—NO. 422                               ment in the United States Army to the grade             The following named officer for appoint-
                                                        Mr. REID. Mr. President, as if in ex-                 indicated while assigned to a position of im-         ment in the Reserve of the Army to the
                                                      ecutive session, I ask unanimous con-                   portance and responsibility under title 10,           grade indicated under title 10, U.S.C., section
                                                      sent that at 4:30 p.m., Tuesday, Sep-                   U.S.C., section 601:                                  12203:
                                                      tember 29, the Senate proceed to execu-                             To be lieutenant general                               To be brigadier general
                                                      tive session to consider Calendar No.                   Lt. Gen. Benjamin C. Freakley                         Col. Ivan N. Black




                                                VerDate Nov 24 2008   05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00030   Fmt 0624   Sfmt 0634   E:\RECORD09\RECFILES\S25SE9.REC   S25SE9
                                                      September 25, 2009                                 CONGRESSIONAL RECORD — SENATE                                                                 S9891
                                                                          IN THE NAVY                          DAVID A. WELGE, which nominations were                  PN967 ARMY nominations (2) beginning
                                                        The following named officers for appoint-              received by the Senate and appeared in the            STEPHANIE LATIMER, and ending OANH
                                                      ment in the United States Navy to the grade              Congressional Record of July 14, 2009.                K. TRAN, which nominations were received
                                                      indicated under title 10, U.S.C., section 624:             PN943 AIR FORCE nomination of Thomas                by the Senate and appeared in the Congres-
                                                                                                               M. Anderson, which was received by the Sen-           sional Record of September 17, 2009.
                                                                     To be rear admiral
                                                                                                               ate and appeared in the Congressional                   PN968 ARMY nominations (2) beginning
                                                      Rear Adm. (lh) Michael H. Mittelman                      Record of September 14, 2009.                         MICHELLE H. MARTIN, and ending MAR-
                                                      Rear Adm. (lh) Matthew L. Nathan                           PN944 AIR FORCE nomination of Ricky B.              GARET A. MOSLEY, which nominations
                                                        The following named officer for appoint-               Reaves, which was received by the Senate              were received by the Senate and appeared in
                                                      ment as the Chairman of the Joint Chiefs of              and appeared in the Congressional Record of           the Congressional Record of September 17,
                                                      Staff and appointment to the grade indicated             September 14, 2009.                                   2009.
                                                      while assigned to a position of importance                 PN945 AIR FORCE nomination of Jose R.                 PN969 ARMY nominations (9) beginning
                                                      and responsibility under title 10, U.S.C., sec-          Pereztorres, which was received by the Sen-           ROBERT E. POWERS, and ending MYSORE
                                                      tions 152 and 601:                                       ate and appeared in the Congressional                 S. SHILPA, which nominations were re-
                                                                       To be admiral                           Record of September 14, 2009.                         ceived by the Senate and appeared in the
                                                                                                                 PN946 AIR FORCE nominations (7) begin-              Congressional Record of September 17, 2009.
                                                      Adm. Michael G. Mullen                                   ning LOYD A. GRAHAM, and ending CHRIS-                                IN THE NAVY
                                                        The following named officer for appoint-               TINE E. STAHL, which nominations were re-               PN856 NAVY nomination of Erik J. Modlo,
                                                      ment in the United States Navy Reserve to                ceived by the Senate and appeared in the              which was received by the Senate and ap-
                                                      the grade indicated under title 10, U.S.C.,              Congressional Record of September 14, 2009.           peared in the Congressional Record of Au-
                                                      section 12203:                                                              IN THE ARMY                        gust 3, 2009.
                                                               To be rear admiral (lower half)                   PN825 ARMY nomination of Robert J.                    PN857 NAVY nomination (2) beginning
                                                      Capt. Charles A. Rainey                                  Schultz, which was received by the Senate             JOSH A. CASSADA, and ending LARRY R.
                                                                                                               and appeared in the Congressional Record of           SMITH, which nominations were received by
                                                        The following named officer for appoint-
                                                                                                               July 28, 2009.                                        the Senate and appeared in the Congres-
                                                      ment in the United States Navy to the grade
                                                                                                                 PN826 ARMY nomination of Andrea J.                  sional Record of August 3, 2009.
                                                      indicated under title 10, U.S.C., section 624:                                                                   PN858 NAVY nominations (72) beginning
                                                               To be rear admiral (lower half)                 Fuller, which was received by the Senate and
                                                                                                               appeared in the Congressional Record of July          MATTHEW J. ACANFORA, and ending
                                                      Capt. Jonathan W. White                                  28, 2009.                                             DAVID W. YORK, which nominations were
                                                        The following named officer for appoint-                 PN827 ARMY nominations (2) beginning                received by the Senate and appeared in the
                                                      ment in the United States Navy to the grade              PETER H. GUEVARA, and ending JEAN R.                  Congressional Record of August 3, 2009.
                                                      indicated under title 10, U.S.C., section 624:                                                                   PN859 NAVY nominations (49) beginning
                                                                                                               ELYSEE, which nominations were received
                                                                                                                                                                     RON J. ARELLANO, and ending JOEL A.
                                                                     To be rear admiral                        by the Senate and appeared in the Congres-
                                                                                                                                                                     YATES, which nominations were received by
                                                      Rear Adm. (lh) David W. Titley                           sional Record of July 28, 2009.
                                                                                                                                                                     the Senate and appeared in the Congres-
                                                                                                                 PN828 ARMY nominations (8) beginning
                                                        The following named officer for appoint-                                                                     sional Record of August 3, 2009.
                                                                                                               JAMES BANE, and ending BENOIT D.                        PN860 NAVY nominations (41) beginning
                                                      ment in the United States Navy to the grade              TANO, which nominations were received by
                                                      indicated under title 10, U.S.C., section 624:                                                                 BENJAMIN         I.   ABNEY,     and  ending
                                                                                                               the Senate and appeared in the Congres-               MCKINNYA J.WILLIAMSROBINSON, which
                                                                     To be rear admiral                        sional Record of July 28, 2009.                       nominations were received by the Senate and
                                                      Rear Adm. (lh) Gregory J. Smith                            PN853 ARMY nominations (46) beginning               appeared in the Congressional Record of Au-
                                                        The following named officer for appoint-               JOHN A. BLANKENBAKER, and ending VIR-                 gust 3, 2009.
                                                      ment in the United States Navy to the grade              GINIA R. ZOLLER, which nominations were                 PN861 NAVY nominations (38) beginning
                                                      indicated while assigned to a position of im-            received by the Senate and appeared in the            CHRISTOPHER D. ADDINGTON, and ending
                                                      portance and responsibility under title 10,              Congressional Record of August 3, 2009.               KURT A. YOUNG, which nominations were
                                                      U.S.C., section 601:                                       PN854 ARMY nominations (307) beginning              received by the Senate and appeared in the
                                                                                                               WILLIAM L. ABERNATHY JR., and ending                  Congressional Record of August 3, 2009.
                                                                     To be vice admiral                        FRANCISCO ZUNIGA, which nominations                     PN862 NAVY nominations (22) beginning
                                                      Vice Adm. Bruce W. Clingan                               were received by the Senate and appeared in           KELLY W. BOWMAN JR., and ending MI-
                                                                      IN THE MARINE CORPS                      the Congressional Record of August 3, 2009.           CHAEL WINDOM, which nominations were
                                                        The following named officer for appoint-                 PN855 ARMY nominations (237) beginning              received by the Senate and appeared in the
                                                      ment to the grade of general in the United               GREGORY T. ADAMS, and ending SCOTT L.                 Congressional Record of August 3, 2009.
                                                      States Marine Corps while assigned to a posi-            ZONIS, which nominations were received by               PN863 NAVY nominations (32) beginning
                                                      tion of importance and responsibility under              the Senate and appeared in the Congres-               HASAN ABDULMUTAKALLIM, and ending
                                                      title 10, U.S.C., section 601:                           sional Record of August 3, 2009.                      KENYA D. WILLIAMSON, which nomina-
                                                                                                                 PN893 ARMY nomination of Cameron D.                 tions were received by the Senate and ap-
                                                                         To be general                         Wright, which was received by the Senate              peared in the Congressional Record of Au-
                                                      Gen. James N. Mattis                                     and appeared in the Congressional Record of           gust 3, 2009.
                                                        The following named officer for appoint-               August 6, 2009.                                         PN864 NAVY nominations (12) beginning
                                                      ment in the United States Marine Corps to                  PN894 ARMY nomination of Andre L.                   DENISE        G.    BARHAM,      and  ending
                                                      the grade indicated while assigned to a posi-            Brown, which was received by the Senate               HERLINDA K. SWEENEY, which nomina-
                                                      tion of importance and responsibility under              and appeared in the Congressional Record of           tions were received by the Senate and ap-
                                                      title 10, U.S.C., section 601:                           August 6, 2009.                                       peared in the Congressional Record of Au-
                                                                                                                 PN895 ARMY nominations (6) beginning                gust 3, 2009.
                                                                   To be lieutenant general
                                                                                                               KATHLEEN E. COFFEY, and ending BRIAN                    PN865 NAVY nominations (17) beginning
                                                      Maj. Gen. Frank A. Panter, Jr.                           R. TRENDA, which nominations were re-                 GUILLERMO R. AMEZAGA, and ending
                                                        The following named officer for appoint-               ceived by the Senate and appeared in the              MIke E. SVATEK, which nominations were
                                                      ment to the grade of lieutenant general in               Congressional Record of August 6, 2009.               received by the Senate and appeared in the
                                                      the United States Marine Corps while as-                   PN947 ARMY nomination of Sonnie D.                  Congressional Record of August 3, 2009.
                                                      signed to a position of importance and re-               Deyampert, which was received by the Sen-               PN866 NAVY nominations (157) beginning
                                                      sponsibility under title 10, U.S.C., section             ate and appeared in the Congressional                 CHRISTOPHER W. ANDERSON, and ending
                                                      601:                                                     Record of September 14, 2009.                         COLIN D. XANDER, which nominations were
                                                                   To be lieutenant general                      PN948 ARMY nomination of Douglas                    received by the Senate and appeared in the
                                                                                                               Lougee, which was received by the Senate              Congressional Record of August 3, 2009.
                                                      Maj. Gen. Thomas D. Waldhauser
                                                                                                               and appeared in the Congressional Record of             PN867 NAVY nominations (907) beginning
                                                        The following named officer for appoint-               September 14, 2009.                                   MATTHEW L. ABBOT, and ending STUART
                                                      ment as Commander, Marine Forces Reserve,                  PN949 ARMY nomination of James Peak,                R. ZURN, which nominations were received
                                                      and appointment to the grade indicated
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                                                                                                               which was received by the Senate and ap-              by the Senate and appeared in the Congres-
                                                      while assigned to a position of importance               peared in the Congressional Record of Sep-            sional Record of August 3, 2009.
                                                      and responsibility under title 10, U.S.C., sec-          tember 14, 2009.                                        PN896 NAVY nominations (6) beginning
                                                      tions 601 and 5144:                                        PN950 ARMY nominations (12) beginning               PAUL C. KERR, and ending BRUCE A. WA-
                                                                   To be lieutenant general                    JOYVETTA LEWIS, and ending WILLIAM A.                 TERMAN, which nominations were received
                                                      Maj. Gen. John F. Kelly                                  WYMAN, which nominations were received                by the Senate and appeared in the Congres-
                                                                                                               by the Senate and appeared in the Congres-            sional Record of August 6, 2009.
                                                        NOMINATIONS PLACED ON THE SECRETARY’S                                                                          PN897 NAVY nominations (4) beginning
                                                                                                               sional Record of September 14, 2009.
                                                                             DESK                                PN966 ARMY nomination of Derek D.                   SCOTT A. ANDERSON, and ending GWEN-
                                                                       IN THE AIR FORCE                        Brown, which was received by the Senate               DOLYN WILLIS, which nominations were re-
                                                        PN771 AIR FORCE nominations (40) begin-                and appeared in the Congressional Record of           ceived by the Senate and appeared in the
                                                      ning LANCE L. ANNICELLI, and ending                      September 17, 2009.                                   Congressional Record of August 6, 2009.




                                                VerDate Nov 24 2008    05:50 Nov 11, 2009   Jkt 079060   PO 00000   Frm 00031   Fmt 0624   Sfmt 0634   E:\RECORD09\RECFILES\S25SE9.REC   S25SE9
                                                      S9892              CORRECTION                     CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                        PN898 NAVY nominations (38) beginning                 tificate of appointment to fill the va-               the nomination of Jeffrey Viken to be
                                                      KEITH R. BARKEY, and ending JASON D.                    cancy created by the death of Senator                 U.S. district judge for the District of
                                                      ZEDA, which nominations were received by                Edward M. Kennedy of Massachusetts.                   South Dakota from 4:30 until 5:30 Tues-
                                                      the Senate and appeared in the Congres-
                                                                                                              The certificate, the Chair is advised, is             day. At 5:30 p.m., the Senate will pro-
                                                      sional Record of August 6, 2009.
                                                        PN899 NAVY nominations (30) beginning                 in the form suggested by the Senate.                  ceed to vote on confirmation of the
                                                      PAUL S. ANDERSON, and ending MICHAEL                      If there is no objection, the reading               nomination. That will be the first vote
                                                      D. WILLIAMS, which nominations were re-                 of the certificate will be waived, and it             of the day.
                                                      ceived by the Senate and appeared in the                will be printed in full in the RECORD.                                f
                                                      Congressional Record of August 6, 2009.                   There being no objection, the mate-
                                                        PN900 NAVY nominations (51) beginning                                                                         ADJOURNMENT UNTIL TUESDAY,
                                                      ROBIN M. ALLEN, and ending SCOTT Y.
                                                                                                              rial was ordered to be printed in the                  SEPTEMBER 29, 2009, AT 11:30 A.M.
                                                      YAMAMOTO, which nominations were re-                    RECORD, as follows:
                                                                                                                                                                      Mr. REID. Mr. President, if there is
                                                      ceived by the Senate and appeared in the                     THE COMMONWEALTH OF MASSACHUSETTS
                                                      Congressional Record of August 6, 2009.
                                                                                                                                                                    no further business to come before the
                                                                                                                        CERTIFICATE OF APPOINTMENT
                                                        PN901 NAVY nominations (50) beginning                                                                       Senate, I ask unanimous consent that
                                                      JAMES D. ABBOTT, and ending ROBERT W.                   To the President of the Senate of the United          it adjourn under the previous order.
                                                      ZURSCHMIT, which nominations were re-                       States:                                             There being no objection, the Senate,
                                                      ceived by the Senate and appeared in the                  This is to certify that pursuant to the             at 4 p.m., adjourned until Tuesday,
                                                      Congressional Record of August 6, 2009.                 power vested in me by the Constitution of
                                                                                                              the United States and the laws of the Com-
                                                                                                                                                                    September 29, 2009, at 11:30 a.m.
                                                        PN902 NAVY nominations (28) beginning
                                                      JASON T. BALTIMORE, and ending IAN S.                   monwealth of Massachusetts, I, Deval L.                               f
                                                      WEXLER, which nominations were received                 Patrick, the Governor of said Common-                             NOMINATIONS
                                                      by the Senate and appeared in the Congres-              wealth, do hereby appoint Paul Grattan
                                                      sional Record of August 6, 2009.                        Kirk, Jr. a Senator from said State to rep-             Executive Nominations Received by
                                                        PN903 NAVY nominations (61) beginning                 resent said State in the Senate of the United         the Senate:
                                                      JOEL R. BEALER, and ending RICHARD G.                   States until the vacancy therein caused by                    DEPARTMENT OF THE TREASURY
                                                      ZEBER, which nominations were received by               the death of Edward M. Kennedy, is filled by           MARISA LAGO, OF NEW YORK, TO BE AN ASSISTANT
                                                      the Senate and appeared in the Congres-                 election as provided by law.                          SECRETARY OF THE TREASURY, VICE NEEL T.
                                                      sional Record of August 6, 2009.                          Witness: His excellency our governor Deval          KASHKARI, RESIGNED.
                                                        PN904 NAVY nominations (21) beginning                 L. Patrick, and our seal hereto affixed at                       DEPARTMENT OF JUSTICE
                                                      MARTIN J. ANERINO, and ending WALTER                    Boston, Massachusetts this Twenty-Fourth                STEPHANIE M. ROSE, OF IOWA, TO BE UNITED STATES
                                                      H. WILLIAMS, which nominations were re-                 day of September, in the year of our Lord             ATTORNEY FOR THE NORTHERN DISTRICT OF IOWA FOR
                                                      ceived by the Senate and appeared in the                2009.                                                 THE TERM OF FOUR YEARS, VICE CHARLES W. LARSON,
                                                                                                                                                                    SR., RESIGNED.
                                                      Congressional Record of August 6, 2009.                   By the governor:                                      RICHARD G. CALLAHAN, OF MISSOURI, TO BE UNITED
                                                        PN905 NAVY nominations (144) beginning                                DEVAL L. PATRICK,                     STATES ATTORNEY FOR THE EASTERN DISTRICT OF MIS-
                                                      ROGER S. AKINS, and ending TINGWEI                                        Governor.                           SOURI FOR THE TERM OF FOUR YEARS, VICE CATHERINE
                                                                                                                                                                    LUCILLE HANAWAY.
                                                      YANG, which nominations were received by                                WILLIAM FRANCIS GALVIN,                 MICHAEL W. COTTER, OF MONTANA, TO BE UNITED
                                                      the Senate and appeared in the Congres-                                   Secretary of Common-                STATES ATTORNEY FOR THE DISTRICT OF MONTANA FOR
                                                      sional Record of August 6, 2009.                                             wealth.                          THE TERM OF FOUR YEARS, VICE WILLIAM WALTER
                                                                                                                                                                    MERCER.
                                                        PN951 NAVY nominations (4) beginning                  [State Seal Affixed]                                    NICHOLAS A. KLINEFELDT, OF IOWA, TO BE UNITED
                                                      BRIAN J. ELLIS, and ending MATTHEW L.                     The VICE PRESIDENT. If the Sen-                     STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF
                                                      TUCKER, which nominations were received                                                                       IOWA FOR THE TERM OF FOUR YEARS, VICE MATTHEW G.
                                                                                                              ator-designate will now present himself               WHITAKER.
                                                      by the Senate and appeared in the Congres-
                                                      sional Record of September 14, 2009.                    to the desk, the Chair will administer                            DEPARTMENT OF STATE
                                                        PN952 NAVY nominations (12) beginning                 the oath of office.                                    ROBERT R. KING, OF VIRGINIA, TO BE SPECIAL ENVOY
                                                      ANTHONY T. COWDEN, and ending JARED                       Mr. KIRK, escorted by Mr. KERRY, ad-                ON NORTH KOREAN HUMAN RIGHTS ISSUES, WITH THE
                                                                                                                                                                    RANK OF AMBASSADOR.
                                                      E. SCOTT, which nominations were received               vanced to the desk of the Vice Presi-                  LAURA GORE ROSS, OF NEW YORK, TO BE AN ALTER-
                                                      by the Senate and appeared in the Congres-              dent; the oath prescribed by law was                  NATE REPRESENTATIVE OF THE UNITED STATES OF
                                                      sional Record of September 14, 2009.                    administered to him by the Vice Presi-                AMERICA TO THE SIXTY-FOURTH SESSION OF THE GEN-
                                                        PN970 NAVY nominations (2) beginning                                                                        ERAL ASSEMBLY OF THE UNITED NATIONS.
                                                      NERI B. BARNEA, and ending WILLIAM O.
                                                                                                              dent; and he subscribed to the oath in                               FOREIGN SERVICE
                                                      VOELKER, which nominations were received                the Official Oath Book.
                                                                                                                                                                      THE FOLLOWING-NAMED CAREER MEMBERS OF THE
                                                      by the Senate and appeared in the Congres-                The VICE PRESIDENT. Congratula-                     SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER-
                                                      sional Record of September 17, 2009.                    tions, Senator.                                       NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND
                                                                                                                                                                    INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES
                                                        PN971 NAVY nominations (2) beginning                    (Applause, Senators rising.)                        INDICATED:
                                                      ANITA     AMINOSHARIAE,          and  ending
                                                                                                                                f                                    CAREER MEMBER OF THE SENIOR FOREIGN SERVICE,
                                                      DENNY MARTIN, which nominations were                                                                          CLASS OF CAREER MINISTER:
                                                      received by the Senate and appeared in the                     ORDERS FOR TUESDAY,                             CARLEENE H. DEI, OF FLORIDA
                                                                                                                                                                     PAMELA A. WHITE, OF VIRGINIA
                                                      Congressional Record of September 17, 2009.                      SEPTEMBER 29, 2009                            CAREER MEMBER OF THE SENIOR FOREIGN SERVICE,
                                                        PN972 NAVY nominations (6) beginning                                                                        CLASS OF MINISTER COUNSELOR:
                                                      TRACY D. EMERSON, and ending DAVID K.                     Mr. REID. Mr. President, I ask unan-                 TODD H. AMANI, OF NORTH CAROLINA
                                                      SHELLINGTON, which nominations were re-                 imous consent that when the Senate                     ALONZO L. FULGHAM, OF VIRGINIA
                                                                                                                                                                     EARL W. GAST, OF CALIFORNIA
                                                      ceived by the Senate and appeared in the                completes its business today, it ad-                   RICHARD S. GREENE, OF VIRGINIA
                                                      Congressional Record of September 17, 2009.             journ until 11:30 a.m., Tuesday, Sep-                  ROBERT G. HELLYER, OF CALIFORNIA
                                                                                                                                                                     EDWARD T. LANDAU, OF PENNSYLVANIA
                                                                     f                                        tember 29; that following the prayer                   ROBERT JAMES WILSON, OF CONNECTICUT
                                                             LEGISLATIVE SESSION                              and the pledge, the Journal of pro-                    CAREER MEMBER OF THE SENIOR FOREIGN SERVICE,
                                                                                                                                                                    CLASS OF COUNSELOR:
                                                                                                              ceedings be approved to date, the
                                                        The PRESIDING OFFICER. The Sen-                       morning hour be deemed to have ex-
                                                                                                                                                                     R. DOUGLASS ARBUCKLE, OF FLORIDA
                                                                                                                                                                     PETER S. ARGO, OF FLORIDA
                                                      ate will now return to legislative ses-                 pired, and the time for the two leaders                KEVIN L. ARMSTRONG, OF CALIFORNIA
                                                      sion.                                                   be reserved for their use later in the
                                                                                                                                                                     WILLIAM R. BRANDS, OF VIRGINIA
                                                                                                                                                                     ALFREDA M. BREWER, OF THE DISTRICT OF COLUMBIA
                                                        Mr. REID. Mr. President, I note the
                                                                                                              day; that the Senate proceed to a pe-                  ROBERT M. CLAY, OF VIRGINIA
                                                      absence of a quorum.                                                                                           TIMOTHY E. COX, OF VIRGINIA
                                                        The PRESIDING OFFICER. The                            riod of morning business until 1:30                    BARBARA A. ELLINGTON-BANKS, OF NORTH CAROLINA

                                                      clerk will call the roll.                               p.m., with Senators permitted to speak                 KAY JACKSON FREEMAN, OF MARYLAND
                                                                                                                                                                     SUSAN KOSINSKI FRITZ, OF WASHINGTON
                                                        The legislative clerk proceeded to                    therein for up to 10 minutes each; that                KAREN LOUISE RUFFING HILLIARD, OF FLORIDA
                                                                                                              following morning business, the Senate                 SARAH-ANN LYNCH, OF MARYLAND
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                                                      call the roll.                                                                                                 DANA R. MANSURI, OF WASHINGTON
                                                        Mr. REID. Mr. President, I ask unan-                  resume consideration of H.R. 3326, the                 PETER R. NATIELLO, OF FLORIDA
                                                      imous consent that the order for the                    Defense appropriations bill.                           PATRICIA L. RADER, OF MARYLAND
                                                                                                                                                                     JAMES B. SANFORD, OF TEXAS
                                                      quorum call be rescinded.                                 The PRESIDING OFFICER (Mr.                           CARRIE ANN THOMPSON, OF VIRGINIA
                                                        The VICE PRESIDENT. Without ob-                       KAUFMAN). Without objection, it is so                  BRADLEY P. WALLACH, OF VIRGINIA
                                                                                                                                                                     MARK ANTHONY WHITE, OF FLORIDA
                                                      jection, it is so ordered.                              ordered.                                               ROBERT E. WUERTZ, OF FLORIDA

                                                                       f                                                        f                                                   f
                                                       CERTIFICATE OF APPOINTMENT                                           PROGRAM                                           CONFIRMATIONS
                                                       The PRESIDENT PRO TEMPORE.                               Mr. REID. Mr. President, under a                      Executive nominations confirmed by
                                                      The Chair lays before the Senate a cer-                 previous order, the Senate will debate                the Senate, Friday, September 25, 2009:



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                                                      September 25, 2009                                  CONGRESSIONAL RECORD — SENATE                                                                       S9893
                                                                        IN THE AIR FORCE                                     To be brigadier general                    AIR FORCE NOMINATION OF THOMAS M. ANDERSON, TO
                                                                                                                                                                       BE LIEUTENANT COLONEL.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT             COL. DAVID J. CONBOY                                    AIR FORCE NOMINATION OF RICKY B. REAVES, TO BE
                                                      IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-                                                                MAJOR.
                                                      CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE            THE FOLLOWING NAMED OFFICER FOR APPOINTMENT           AIR FORCE NOMINATION OF JOSE R. PEREZTORRES, TO
                                                      AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION        IN THE RESERVE OF THE ARMY TO THE GRADE INDI-          BE MAJOR.
                                                      601:                                                      CATED UNDER TITLE 10, U.S.C., SECTION 12203:            AIR FORCE NOMINATIONS BEGINNING WITH LOYD A.
                                                                                                                             To be brigadier general                   GRAHAM AND ENDING WITH CHRISTINE E. STAHL, WHICH
                                                                   To be lieutenant general                                                                            NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      MAJ. GEN. RALPH J. JODICE II                              COL. JAMES V. YOUNG, JR.                               PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                                                                                                                                       TEMBER 14, 2009.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT               THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                      IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-         IN THE RESERVE OF THE ARMY TO THE GRADE INDI-                            IN THE ARMY
                                                      CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE          CATED UNDER TITLE 10, U.S.C., SECTION 12203:
                                                                                                                                                                         ARMY NOMINATION OF ROBERT J. SCHULTZ, TO BE
                                                      AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION                     To be brigadier general                   MAJOR.
                                                      601:                                                                                                               ARMY NOMINATION OF ANDREA J. FULLER, TO BE
                                                                                                                COL. IVAN N. BLACK                                     MAJOR.
                                                                   To be lieutenant general
                                                                                                                                     IN THE NAVY                         ARMY NOMINATIONS BEGINNING WITH PETER H.
                                                      MAJ. GEN. WILLIAM J. REW                                                                                         GUEVARA AND ENDING WITH JEAN R. ELYSEE, WHICH
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT               THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT         NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-         IN THE UNITED STATES NAVY TO THE GRADE INDICATED       PEARED IN THE CONGRESSIONAL RECORD ON JULY 28,
                                                      CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE          UNDER TITLE 10, U.S.C., SECTION 624:                   2009.
                                                      AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION                                                                 ARMY NOMINATIONS BEGINNING WITH JAMES BANE
                                                                                                                                  To be rear admiral                   AND ENDING WITH BENOIT D . TANO, WHICH NOMINA-
                                                      601:
                                                                                                                REAR ADM. (LH) MICHAEL H. MITTELMAN                    TIONS WERE RECEIVED BY THE SENATE AND APPEARED
                                                                   To be lieutenant general                     REAR ADM. (LH) MATTHEW L. NATHAN                       IN THE CONGRESSIONAL RECORD ON JULY 28, 2009.
                                                                                                                                                                         ARMY NOMINATIONS BEGINNING WITH JOHN A.
                                                      MAJ. GEN. CHRISTOPHER D. MILLER                             THE FOLLOWING NAMED OFFICER FOR APPOINTMENT          BLANKENBAKER AND ENDING WITH VIRGINIA R. ZOLLER,
                                                                           IN THE ARMY                          AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND       WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
                                                                                                                APPOINTMENT TO THE GRADE INDICATED WHILE AS-           AND APPEARED IN THE CONGRESSIONAL RECORD ON AU-
                                                       THE FOLLOWING ARMY NATIONAL GUARD OF THE                 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI-       GUST 3, 2009.
                                                      UNITED STATES OFFICER FOR APPOINTMENT IN THE RE-          BILITY UNDER TITLE 10, U.S.C., SECTIONS 152 AND 601:     ARMY NOMINATIONS BEGINNING WITH WILLIAM L.
                                                      SERVE OF THE ARMY TO THE GRADE INDICATED UNDER                                                                   ABERNATHY, JR. AND ENDING WITH FRANCISCO ZUNIGA,
                                                      TITLE 10, U.S.C., SECTION 12211:                                               To be admiral                     WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
                                                                                                                ADM. MICHAEL G. MULLEN                                 AND APPEARED IN THE CONGRESSIONAL RECORD ON AU-
                                                                       To be major general                                                                             GUST 3, 2009.
                                                      BRIG. GEN. JOSEPH B. DIBARTOLOMEO                           THE FOLLOWING NAMED OFFICER FOR APPOINTMENT            ARMY NOMINATIONS BEGINNING WITH GREGORY T.
                                                                                                                IN THE UNITED STATES NAVY RESERVE TO THE GRADE         ADAMS AND ENDING WITH SCOTT L. ZONIS, WHICH NOMI-
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT             INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:       NATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      IN THE UNITED STATES ARMY TO THE GRADE INDICATED                                                                 PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                      WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND                     To be rear admiral (lower half)               2009.
                                                      RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:       CAPT. CHARLES A. RAINEY                                  ARMY NOMINATION OF CAMERON D. WRIGHT, TO BE
                                                                                                                                                                       COLONEL.
                                                                   To be lieutenant general                       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT            ARMY NOMINATION OF ANDRE L. BROWN, TO BE
                                                      LT. GEN. BENJAMIN C. FREAKLEY                             IN THE UNITED STATES NAVY TO THE GRADE INDICATED       MAJOR.
                                                                                                                UNDER TITLE 10, U.S.C., SECTION 624:                     ARMY NOMINATIONS BEGINNING WITH KATHLEEN E.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                                                                                                                                       COFFEY AND ENDING WITH BRIAN R. TRENDA, WHICH
                                                      IN THE UNITED STATES ARMY TO THE GRADE INDICATED                   To be rear admiral (lower half)               NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
                                                                                                                CAPT. JONATHAN W. WHITE                                PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,
                                                      RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
                                                                                                                                                                       2009.
                                                                   To be lieutenant general                       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT            ARMY NOMINATION OF SONNIE D. DEYAMPERT, TO BE
                                                                                                                IN THE UNITED STATES NAVY TO THE GRADE INDICATED       LIEUTENANT COLONEL.
                                                      LT. GEN. JOHN D. GARDNER                                  UNDER TITLE 10, U.S.C., SECTION 624:                     ARMY NOMINATION OF DOUGLAS LOUGEE, TO BE COLO-
                                                                                                                                                                       NEL.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT                               To be rear admiral                     ARMY NOMINATION OF JAMES PEAK, TO BE MAJOR.
                                                      IN THE UNITED STATES ARMY TO THE GRADE INDICATED
                                                      WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND            REAR ADM. (LH) DAVID W. TITLEY                           ARMY NOMINATIONS BEGINNING WITH JOYVETTA
                                                      RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:                                                              LEWIS AND ENDING WITH WILLIAM A. WYMAN, WHICH
                                                                                                                  THE FOLLOWING NAMED OFFICER FOR APPOINTMENT          NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                                   To be lieutenant general                     IN THE UNITED STATES NAVY TO THE GRADE INDICATED       PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                                                                                UNDER TITLE 10, U.S.C., SECTION 624:                   TEMBER 14, 2009.
                                                      LT. GEN. FRANK G. HELMICK                                                                                          ARMY NOMINATION OF DEREK D. BROWN, TO BE
                                                                                                                                  To be rear admiral                   MAJOR.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                      IN THE UNITED STATES ARMY TO THE GRADE INDICATED          REAR ADM. (LH) GREGORY J. SMITH                          ARMY NOMINATIONS BEGINNING WITH STEPHANIE
                                                      WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND                                                                   LATIMER AND ENDING WITH OANH K. TRAN, WHICH NOMI-
                                                                                                                  THE FOLLOWING NAMED OFFICER FOR APPOINTMENT          NATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
                                                                                                                IN THE UNITED STATES NAVY TO THE GRADE INDICATED       PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                                   To be lieutenant general                     WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND         TEMBER 17, 2009.
                                                                                                                RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:      ARMY NOMINATIONS BEGINNING WITH MICHELLE H.
                                                      MAJ. GEN. MARK P. HERTLING                                                                                       MARTIN AND ENDING WITH MARGARET A. MOSLEY,
                                                                                                                                  To be vice admiral
                                                       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT                                                                    WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
                                                      TO THE GRADE INDICATED IN THE UNITED STATES ARMY          VICE ADM. BRUCE W. CLINGAN                             AND APPEARED IN THE CONGRESSIONAL RECORD ON
                                                      UNDER TITLE 10, U.S.C., SECTION 624:                                                                             SEPTEMBER 17, 2009.
                                                                                                                                 IN THE MARINE CORPS                     ARMY NOMINATIONS BEGINNING WITH ROBERT E. POW-
                                                                      To be brigadier general                                                                          ERS AND ENDING WITH MYSORE S. SHILPA, WHICH NOMI-
                                                                                                                 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT           NATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      COLONEL   ROBIN B. AKIN                                   TO THE GRADE OF GENERAL IN THE UNITED STATES MA-       PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                      COLONEL   ROBERT P. ASHLEY, JR.                           RINE CORPS WHILE ASSIGNED TO A POSITION OF IMPOR-      TEMBER 17, 2009.
                                                      COLONEL   JEFFREY L. BANNISTER                            TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C.,
                                                      COLONEL   JOSEPH L. BASS                                  SECTION 601:                                                             IN THE NAVY
                                                      COLONEL   LEWIS M. BOONE
                                                      COLONEL   CLARENCE K. K. CHINN                                                 To be general                       NAVY NOMINATION OF ERIK J. MODLO, TO BE LIEUTEN-
                                                      COLONEL   KENNETH R. DAHL                                                                                        ANT COMMANDER.
                                                                                                                GEN. JAMES N. MATTIS                                     NAVY NOMINATIONS BEGINNING WITH JOSH A.
                                                      COLONEL   GORDON B. DAVIS, JR.
                                                      COLONEL   SCOTT F. DONAHUE                                                                                       CASSADA AND ENDING WITH LARRY R. SMITH, WHICH
                                                                                                                  THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                      COLONEL   EDWARD F. DORMAN III                                                                                   NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                                                                                IN THE UNITED STATES MARINE CORPS TO THE GRADE
                                                      COLONEL   RANDAL A. DRAGON                                                                                       PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                                                                                INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR-
                                                      COLONEL   BILLY D. FARRIS II                                                                                     2009.
                                                                                                                TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C.,
                                                      COLONEL   TERRY R. FERRELL                                                                                         NAVY NOMINATIONS BEGINNING WITH MATTHEW J.
                                                                                                                SECTION 601:
                                                      COLONEL   PAUL E. FUNK II                                                                                        ACANFORA AND ENDING WITH DAVID W. YORK, WHICH
                                                      COLONEL   RICKY D. GIBBS                                               To be lieutenant general                  NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      COLONEL   HAROLD J. GREENE                                                                                       PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                                                                                MAJ. GEN. FRANK A. PANTER, JR.                         2009.
                                                      COLONEL   CHRISTOPHER K. HAAS
                                                      COLONEL   WILLIAM C. HIX                                                                                           NAVY   NOMINATIONS      BEGINNING  WITH  RON  J.
                                                                                                                 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                      COLONEL   STEPHEN B. LEISENRING                                                                                  ARELLANO AND ENDING WITH JOEL A. YATES, WHICH
                                                                                                                TO THE GRADE OF LIEUTENANT GENERAL IN THE
                                                      COLONEL   STEPHEN R. LYONS                                                                                       NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                                                                                UNITED STATES MARINE CORPS WHILE ASSIGNED TO A
                                                      COLONEL   JONATHAN A. MADDUX                                                                                     PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                                                                                POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER
                                                      COLONEL   MARK A. MCALISTER                                                                                      2009.
                                                                                                                TITLE 10, U.S.C., SECTION 601:
                                                      COLONEL   JOHN J. MCGUINESS                                                                                        NAVY NOMINATIONS BEGINNING WITH BENJAMIN I.
                                                      COLONEL   MICHAEL K. NAGATA                                            To be lieutenant general                  ABNEY     AND   ENDING        WITH   MCKINNYA   J.
                                                      COLONEL   BRYAN R. OWENS                                                                                         WILLIAMSROBINSON, WHICH NOMINATIONS WERE RE-
                                                                                                                MAJ. GEN. THOMAS D. WALDHAUSER                         CEIVED BY THE SENATE AND APPEARED IN THE CON-
                                                      COLONEL   JAMES F. PASQUARETTE
                                                                                                                                                                       GRESSIONAL RECORD ON AUGUST 3, 2009.
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                                                      COLONEL   VICTOR PETRENKO                                  THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
                                                      COLONEL   AUNDRE F. PIGGEE                                AS COMMANDER, MARINE FORCES RESERVE, AND AP-             NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER D.
                                                      COLONEL   JOHN S. REGAN                                   POINTMENT TO THE GRADE INDICATED WHILE ASSIGNED        ADDINGTON AND ENDING WITH KURT A. YOUNG, WHICH
                                                      COLONEL   BRYAN T. ROBERTS                                TO A POSITION OF IMPORTANCE AND RESPONSIBILITY         NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      COLONEL   JOHN G. ROSSI                                   UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5144:         PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                      COLONEL   WILLIAM J. SCOTT                                                                                       2009.
                                                      COLONEL   THOMAS C. SEAMANDS                                           To be lieutenant general                    NAVY NOMINATIONS BEGINNING WITH KELLY W. BOW-
                                                      COLONEL   CHARLES L. TAYLOR                                                                                      MAN, JR. AND ENDING WITH MICHAEL WINDOM, WHICH
                                                                                                                MAJ. GEN. JOHN F. KELLY                                NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      COLONEL   STEPHEN M. TWITTY
                                                      COLONEL   JEFFERY L. UNDERHILL                                              IN THE AIR FORCE                     PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,
                                                      COLONEL   DARRELL K. WILLIAMS                                                                                    2009.
                                                      COLONEL   PETER B. ZWACK                                    AIR FORCE NOMINATIONS BEGINNING WITH LANCE L.          NAVY   NOMINATIONS       BEGINNING  WITH  HASAN
                                                                                                                ANNICELLI AND ENDING WITH DAVID A. WELGE, WHICH        ABDULMUTAKALLIM AND ENDING WITH KENYA D.
                                                        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT             NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-        WILLIAMSON, WHICH NOMINATIONS WERE RECEIVED BY
                                                      IN THE RESERVE OF THE ARMY TO THE GRADE INDI-             PEARED IN THE CONGRESSIONAL RECORD ON JULY 14,         THE SENATE AND APPEARED IN THE CONGRESSIONAL
                                                      CATED UNDER TITLE 10, U.S.C., SECTION 12203:              2009.                                                  RECORD ON AUGUST 3, 2009.




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                                                      S9894                                             CONGRESSIONAL RECORD — SENATE                                                   September 25, 2009
                                                        NAVY NOMINATIONS BEGINNING WITH DENISE G.               NAVY NOMINATIONS BEGINNING WITH KEITH R.            AND APPEARED IN THE CONGRESSIONAL RECORD ON AU-
                                                      BARHAM AND ENDING WITH HERLINDA K. SWEENEY,             BARKEY AND ENDING WITH JASON D. ZEDA, WHICH NOMI-     GUST 6, 2009.
                                                      WHICH NOMINATIONS WERE RECEIVED BY THE SENATE           NATIONS WERE RECEIVED BY THE SENATE AND AP-            NAVY NOMINATIONS BEGINNING WITH ROGER S. AKINS
                                                      AND APPEARED IN THE CONGRESSIONAL RECORD ON AU-         PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,       AND ENDING WITH TINGWEI YANG, WHICH NOMINATIONS
                                                      GUST 3, 2009.                                           2009.                                                 WERE RECEIVED BY THE SENATE AND APPEARED IN THE
                                                        NAVY NOMINATIONS BEGINNING WITH GUILLERMO R.            NAVY NOMINATIONS BEGINNING WITH PAUL S. ANDER-      CONGRESSIONAL RECORD ON AUGUST 6, 2009.
                                                      AMEZAGA AND ENDING WITH MIKE E. SVATEK, WHICH           SON AND ENDING WITH MICHAEL D. WILLIAMS, WHICH         NAVY NOMINATIONS BEGINNING WITH BRIAN J. ELLIS
                                                      NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-         NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-       AND ENDING WITH MATTHEW L. TUCKER, WHICH NOMI-
                                                      PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,         PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,       NATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      2009.                                                   2009.                                                 PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                        NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER             NAVY NOMINATIONS BEGINNING WITH ROBIN M. ALLEN      TEMBER 14, 2009.
                                                      W. ANDERSON AND ENDING WITH COLIN D. XANDER,            AND ENDING WITH SCOTT Y. YAMAMOTO, WHICH NOMINA-       NAVY NOMINATIONS BEGINNING WITH ANTHONY T.
                                                                                                              TIONS WERE RECEIVED BY THE SENATE AND APPEARED        COWDEN AND ENDING WITH JARED E. SCOTT, WHICH
                                                      WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
                                                                                                              IN THE CONGRESSIONAL RECORD ON AUGUST 6, 2009.        NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      AND APPEARED IN THE CONGRESSIONAL RECORD ON AU-
                                                                                                                NAVY NOMINATIONS BEGINNING WITH JAMES D. AB-        PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                      GUST 3, 2009.
                                                                                                              BOTT AND ENDING WITH ROBERT W. ZURSCHMIT, WHICH       TEMBER 14, 2009.
                                                        NAVY NOMINATIONS BEGINNING WITH MATTHEW L.
                                                                                                              NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-        NAVY NOMINATIONS BEGINNING WITH NERI B. BARNEA
                                                      ABBOT AND ENDING WITH STUART R. ZURN, WHICH NOMI-
                                                                                                              PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,       AND ENDING WITH WILLIAM O. VOELKER, WHICH NOMI-
                                                      NATIONS WERE RECEIVED BY THE SENATE AND AP-             2009.                                                 NATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3,           NAVY NOMINATIONS BEGINNING WITH JASON T. BALTI-     PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                      2009.                                                   MORE AND ENDING WITH IAN S. WEXLER, WHICH NOMI-       TEMBER 17, 2009.
                                                        NAVY NOMINATIONS BEGINNING WITH PAUL C. KERR          NATIONS WERE RECEIVED BY THE SENATE AND AP-            NAVY      NOMINATIONS BEGINNING     WITH ANITA
                                                      AND ENDING WITH BRUCE A. WATERMAN, WHICH NOMI-          PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,       AMINOSHARIAE AND ENDING WITH DENNY MARTIN,
                                                      NATIONS WERE RECEIVED BY THE SENATE AND AP-             2009.                                                 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
                                                      PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,           NAVY NOMINATIONS BEGINNING WITH JOEL R. BEALER      AND APPEARED IN THE CONGRESSIONAL RECORD ON
                                                      2009.                                                   AND ENDING WITH RICHARD G. ZEBER, WHICH NOMINA-       SEPTEMBER 17, 2009.
                                                        NAVY NOMINATIONS BEGINNING WITH SCOTT A. AN-          TIONS WERE RECEIVED BY THE SENATE AND APPEARED         NAVY NOMINATIONS BEGINNING WITH TRACY D. EMER-
                                                      DERSON AND ENDING WITH GWENDOLYN WILLIS, WHICH          IN THE CONGRESSIONAL RECORD ON AUGUST 6, 2009.        SON AND ENDING WITH DAVID K. SHELLINGTON, WHICH
                                                      NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-           NAVY NOMINATIONS BEGINNING WITH MARTIN J.           NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
                                                      PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 6,         ANERINO AND ENDING WITH WALTER H. WILLIAMS,           PEARED IN THE CONGRESSIONAL RECORD ON SEP-
                                                      2009.                                                   WHICH NOMINATIONS WERE RECEIVED BY THE SENATE         TEMBER 17, 2009.
mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE




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