[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Issue]
[Pages 18146-18238]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 18146]]

           HOUSE OF REPRESENTATIVES--Monday, November 29, 2010


  The House met at 2 p.m. and was called to order by the Speaker pro 
tempore (Ms. Richardson).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                November 29, 2010.
       I hereby appoint the Honorable Laura Richardson to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  All the ages, all the years and seasons of life are but an eternal 
moment before You, Almighty God.
  Grateful for all the blessings You have showered upon this country in 
the past, we turn to You again in our present difficulties.
  May this Congress accomplish the tasks set before it and act in 
accord with Your commands.
  Help all Americans seize each new day and make the most of it with 
Your grace and inspiration and so give You glory by the way they live 
and the decisions they make both now and forever.
  Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from New Jersey (Mr. 
Pallone) come forward and lead the House in the Pledge of Allegiance.
  Mr. PALLONE led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                Washington, DC, November 19, 2010.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on November 19, 2010 at 9:33 
     a.m.:
       That the Senate passed S. 1609.
       That the Senate passed with amendments H.R. 5712.
       That the Senate agreed to S. Con. Res. 75.
       That the Senate agreed to S. Con. Res. 76.
       That the Senate agreed to H. Con. Res. 332.
       With best wishes, I am
           Sincerely,
     Lorraine C. Miller.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                Washington, DC, November 22, 2010.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on November 22, 2010 at 2:53 
     p.m.:
       That the Senate passed with amendments H.R. 4783.
       That the Senate concurs in House amendment to Senate 
     amendment H.R. 5566.
       That the Senate concurs in House amendments S. 3689.
       That the Senate passed S. 3650.
       That the Senate passed with amendment H.R. 6198.
       That the Senate agreed to without amendment H. Con. Res. 
     327.
       With best wishes, I am
           Sincerely,
     Lorraine C. Miller.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 4 of rule I, the 
following enrolled bills and joint resolution were signed by the 
Speaker on Thursday, November 18, 2010:
  S. 1376, to restore immunization and sibling age exemptions for 
children adopted by United States citizens under the Hague Convention 
on Intercountry Adoption to allow their admission into the United 
States;
  S. 3567, to designate the facility of the United States Postal 
Service located at 100 Broadway in Lynbrook, New York, as the ``Navy 
Corpsman Jeffrey L. Wiener Post Office Building'';
  S.J. Res. 40, appointing the day for the convening of the first 
session of the One Hundred Twelfth Congress;
  and the Speaker signed on Friday, November 19, 2010:
  H.R. 1722, to require the head of each executive agency to establish 
and implement a policy under which employees shall be authorized to 
telework, and for other purposes;
  S. 3774, to extend the deadline for Social Services Block Grant 
expenditures of supplemental funds appropriated following disasters 
occurring in 2008.

                          ____________________




             RESIGNATION FROM THE HOUSE OF REPRESENTATIVES

  The SPEAKER pro tempore laid before the House the following 
resignation from the House of Representatives:

                                     House of Representatives,

                                Washington, DC, November 24, 2010.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives, Washington, DC.
       Dear Madam Speaker: I hereby give notice of my resignation 
     from the United States House of Representatives, effective 
     4:00 p.m., Eastern Standard Time, Monday, November 29, 2010. 
     Attached is the letter I submitted to Governor Pat Quinn.
       Serving the 10th District of Illinois has been one of the 
     greatest honors of my life. We saved a veterans hospital, 
     expanded commuter rail and defended Lake Michigan. We fought 
     for our district, state, nation and our allies overseas.
       I look forward to continuing our important work in the 
     United States Senate.
           Sincerely,
                                                        Mark Kirk,
                                               Member of Congress.


                                     House of Representatives,

                                Washington, DC, November 24, 2010.
     Hon. Pat Quinn,
     Governor, State of Illinois, State House,
     Springfield, IL.
       Dear Governor Quinn: I hereby submit my resignation as 
     United States Representative of the 10th District of 
     Illinois, effective 4:00 p.m., Eastern Standard Time, Monday, 
     November 29, 2010.
       Serving the 10th District of Illinois has been one of the 
     greatest honors of my life. We saved a veterans hospital, 
     expanded commuter rail and defended Lake Michigan. We fought 
     for our district, state, nation and our allies overseas.
       I look forward to working with you as a United States 
     Senator to promote bipartisan pro-Illinois policies to 
     strengthen our economy and improve our quality of life.
           Sincerely,
                                                        Mark Kirk,
                                               Member of Congress.

[[Page 18147]]



                          ____________________




                         BLUE RIBBON COMMISSION

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Madam Speaker, the Blue Ribbon 
Commission on America's Nuclear Future is set to visit South Carolina 
and the Central Savannah River Area, CSRA, on January 6 and 7. Back in 
July, I invited the cochairmen of the commission to request that they 
hold their September meeting in the CSRA.
  I'm grateful that the commission is planning a visit. This is a 
perfect location for the President's nuclear commission to review 
policies related to the storage of nuclear waste.
  Waste material found in South Carolina is from the weapons production 
program of the Cold War resulting in victory over communism and also 
now from commercial nuclear reactors that produce energy. The Savannah 
River site should not indefinitely host nuclear waste. We should keep 
Yucca Mountain open. The closing has been criticized as breathtakingly 
irresponsible by The Post and Courier. The Greenville News 
editorialized last week that the Yucca closing is politically expedient 
but practically foolish.
  Nuclear energy is a clean, safe, and cost-effective energy source 
that has provided over half of the electricity in South Carolina for 30 
years. But in order to keep it safe, we must have a permanent site for 
disposal.
  In conclusion, God bless our troops, and we will never forget 
September the 11th in the global war on terrorism.

                          ____________________




                           PLEDGE TO AMERICA

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Madam Speaker, when I first ran for public office in 1994, 
I said then that we have too much government. We still have too much 
government. In fact, we have way more government than we had then, and 
it is too much. But Republicans have been listening to the American 
people who agree with us that we have too much government, and we have 
made a Pledge to America to reduce the role of the Federal Government 
in our lives.
  We invite you to look at the Pledge to America that Republicans took 
last fall. We believe it has had a major impact on the election that 
was held in November. What we promise is that we are going to fulfill 
that pledge and reduce the role of the Federal Government in our lives 
and take our country back to what it was meant to be.

                          ____________________




                              {time}  1410
                      HOUR OF MEETING ON TOMORROW

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that when the 
House adjourns today, it adjourn to meet at 10:30 a.m. tomorrow for 
morning-hour debate.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote incurs objection under clause 6 of rule XX.
  Record votes on postponed questions will be taken after 6 p.m. today.

                          ____________________




          THE PHYSICIAN PAYMENT AND THERAPY RELIEF ACT OF 2010

  Mr. PALLONE. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendments to the bill (H.R. 5712) to provide for certain 
clarifications and extensions under Medicare, Medicaid, and the 
Children's Health Insurance Program.
  The Clerk read the title of the bill.
  The text of the Senate amendments is as follows:

       Senate amendments:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``The Physician Payment and 
     Therapy Relief Act of 2010''.

     SEC. 2. PHYSICIAN PAYMENT UPDATE.

       Section 1848(d)(11) of the Social Security Act (42 U.S.C. 
     1395w-4(d)(11)) is amended--
       (1) in the heading, by striking ``november'' and inserting 
     ``december'';
       (2) in subparagraph (A), by striking ``November 30'' and 
     inserting ``December 31''; and
       (3) in subparagraph (B)--
       (A) in the heading, by striking ``remaining portion of 
     2010'' and inserting ``2011''; and
       (B) by striking ``the period beginning on December 1, 2010, 
     and ending on December 31, 2010, and for''.

     SEC. 3. TREATMENT OF MULTIPLE SERVICE PAYMENT POLICIES FOR 
                   THERAPY SERVICES.

       (a) Smaller Payment Discount for Certain Multiple Therapy 
     Services.--Section 1848(b) of the Social Security Act (42 
     U.S.C. 1395w-4(b)) is amended by adding at the end the 
     following new paragraph:
       ``(7) Adjustment in discount for certain multiple therapy 
     services.--In the case of therapy services furnished on or 
     after January 1, 2011, and for which payment is made under 
     fee schedules established under this section, instead of the 
     25 percent multiple procedure payment reduction specified in 
     the final rule published by the Secretary in the Federal 
     Register on November 29, 2010, the reduction percentage shall 
     be 20 percent.''.
       (b) Exemption of Payment Reduction From Budget-
     neutrality.--Section 1848(c)(2)(B)(v) of the Social Security 
     Act (42 U.S.C. 1395w-4(c)(2)(B)(v)) is amended by adding at 
     the end the following new subclause:

       ``(VII) Reduced expenditures for multiple therapy 
     services.--Effective for fee schedules established beginning 
     with 2011, reduced expenditures attributable to the multiple 
     procedure payment reduction for therapy services (as 
     described in subsection (b)(7)).''.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
       Amend the title so as to read: ``An Act Entitled The 
     Physician Payment and Therapy Relief Act of 2010.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on concurring in the Senate amendments 
to H.R. 5712.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, this bill is a stopgap measure to guarantee that 
seniors and military families can continue to see their doctors during 
December while we work on a solution for the next year. Without this 
legislation, the fees Medicare pays to physicians will be reduced by 23 
percent on December 1, this Wednesday. And because TRICARE, the 
civilian health program for military families and retirees, uses 
Medicare rates, fees for physicians seeing TRICARE patients would be 
cut by 23 percent as well.
  Madam Speaker, I have to say that kind of cut is obviously not 
reasonable. We have a responsibility to ensure that Medicare is a 
steady partner for physicians so that we are able to maintain the kind 
of excellent access to care that seniors and people with disabilities 
have come to expect from the program. Medicare enrollees still enjoy 
better access to care than anyone else in the country. The rate cuts 
created by the SGR would undermine that trust that seniors and 
physicians have historically had in the program.
  The 111th Congress has passed into law three SGR extensions of less 
than a year, and this will be the fourth. I think we need to stop 
legislating SGR policy in 1 to 6 month intervals in order to provide 
some stability to the Medicare program for 2011. And I hope that before 
the 111th Congress adjourns, we can pass legislation addressing all of 
2011 at a minimum.

[[Page 18148]]

  I continue to be frustrated that we are unable to move beyond short-
term fixes to this major problem facing the Medicare program. The House 
passed legislation in 2009 that I co-sponsored that would have dealt 
with this SGR problem for good; but until we have that long-term 
solution in hand, it is essential that Congress pass this legislation 
to ensure that seniors and military families do not experience a 
disruption in seeing their doctors this December.
  This legislation, Madam Speaker, is completely paid for over 10 
years. According to the rules of the statutory PAYGO law, we aren't 
supposed to pay for SGR bills; but this one is paid for despite that. 
It moved through the Senate by unanimous consent.
  And so, Madam Speaker, there is no conceivable reason in my opinion 
to oppose this legislation. I would urge Members to vote ``yes'' on 
this bill and help me pursue a longer solution before Congress finishes 
business for this year.
  I reserve the balance of my time.
  Mr. WALDEN. Madam Speaker, I rise today in support of the Physician 
Payment and Therapy Relief Act.
  On Wednesday, doctors who participate in Medicare will face a 21 
percent cut in their reimbursement rates. It is unfortunate that we are 
again debating only a short-term solution to this problem. Thirty-day 
patches and 60-day fixes do not provide the certainty necessary for 
physicians to properly run their practices. Yet, inaction today would 
disrupt the Medicare system and jeopardize seniors' access to care just 
as the holidays are approaching.
  We should pass H.R. 5712, but we must begin working on a long-term, 
financially viable solution to fix the manner in which physicians are 
reimbursed under Medicare. The first step must be to repeal the new 
health care law. The health law cut over $500 billion from Medicare to 
expand Medicaid and create a new entitlement program, while completely 
ignoring the looming payment crisis that we must act on with this 
legislation today. Unfortunately, I think for the last 4 years there 
has not been a single hearing held on this particular issue. That is 
long overdue to be done.
  So while the majority scrambles today to find money to fix the 
Medicare reimbursement system, we should remember that they 
deliberately chose not to do this with their disastrous health care 
law. They needed the law to appear less expensive, and the Medicare doc 
fix was simply ignored.
  I support H.R. 5712 to provide a temporary reprieve from the 
reimbursement cut scheduled to take effect Wednesday; however, we must 
find a solution to the pending 26 percent cut scheduled to take effect 
now in January. And we have to work together to develop a longer term 
solution that does bring stability to the Medicare program.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. Madam Speaker, I thank Mr. Pallone for his 
constant leadership on health care matters, and the Energy Committee 
and its full complement of members, as well as Mr. Stark for his 
continued strength on the issues of providing fairness and balance in 
the health care system of America. To the managers, my colleagues on 
the other side of the aisle, I appreciate the recognition that we have 
a bipartisan crisis and that we all have to address the pending concern 
of a potential cut as we move forward into 2011. But during the 
Thanksgiving holiday as I was in my district, I saw a table of doctors 
in a restaurant who felt compelled to come and ask me to support what 
is called the doctor fix, the Medicare fix. I had to assure them that 
Members of Congress were equally concerned about the providers of 
health care, the implementers of good health for America having to face 
this kind of dastardly crisis.
  In the State of Texas it is crucial, a State that has the highest 
number of uninsured and a rising number of impoverished who do not have 
access to health care, this kind of disaster would be more than a 
hurricane. And so I rise today to support this legislation to 
acknowledge the fact that doctors and Medicare go together and they 
equal good health for our constituents.
  Seniors have to go to doctors and expect good health care. Doctors 
are in fact those who take the oath to ensure that they care for the 
sick and the feeble. The Houston Chronicle reported that more than 300 
Texas doctors have dropped the Medicare program in the last 2 years, 50 
in the first 3 months of 2010, because of this crisis. Many people 
think of doctors as rich and able; but many of our doctors are in rural 
areas and inner city areas and their goal is to serve patients who are 
in need, many without any other means other than Medicare and Medicaid. 
According to Dr. Susan Bailey, president of the Texas Medical 
Association, the Medicare system has to be fixed and action must be 
taken to ensure that Medicare payments to physicians are not 
drastically cut. It is a shame to say, doctors have overhead, they have 
offices, they have nurses, they have equipment that they have to pay 
for, and that is part of good health care. And so I think it is 
important that we look at this legislation as it comes to us, and that 
the final physician rule, the Centers for Medicare and Medicaid 
Services, modify the MPPR policy to apply a 25 percent reduction rather 
than the proposed 50 percent reduction to physician Medicare payments. 
However, I think the reduction in itself is an oxymoron because the 
question is what are the needs of the patients and how can the doctors 
care for them and how do we ensure that doctors and Medicare work 
together to make sure that good health is promoted across America.

                              {time}  1420

  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PALLONE. I yield the gentlewoman another 30 seconds.
  Ms. JACKSON LEE of Texas. While that reduction shows movement in the 
right direction, any reduction will hinder the ability of doctors to 
effectively treat patients who need their care and who are the most 
vulnerable--pregnant women, children, the elderly and, of course, the 
feeble, who are suffering from preexisting diseases or chronic 
illnesses. So it is important that H.R. 5712, the Physician Payment and 
Therapy Relief Act of 2010, is passed.
  What I would ask, Madam Speaker, is: Who are we if we cannot take 
care of the least of those?
  I don't consider doctors wanting more than they deserve. I consider 
doctors getting what they deserve to help care for the sick of this 
Nation. I hope that we will have a bill that the President can sign and 
that we will be able to address the question of good health care in 
America.
  Madam Speaker, I rise today in support of the amendment to H.R. 5712, 
``The Physician Payment and Therapy Relief Act of 2010.''
  Under the current health care law, more than 32 million additional 
Americans are expected to get insurance, either through an extension of 
Medicaid, the state-federal program for the poor, or through exchanges 
where low- and moderate-income individuals and families will be able to 
purchase private insurance with federal subsidies. The measure will 
require most Americans to have health insurance coverage; and it will 
regulate private insurers more closely, banning practices such as 
denial of care for pre-existing conditions. A key part of the new 
health law also encourages the development of ``accountable care 
organizations'' that would allow doctors to team up with each other and 
with hospitals, in new ways, to provide medical services. There are 
some very good provisions that seek to ultimately benefit the public.
  Today, however, increasing numbers of doctors are not accepting 
Medicare patients because the payments they are receiving are 
inadequate to cover basic expenses of administering care. In fact the 
Houston Chronicle reported that more than 300 Texas doctors have 
dropped the program in the last two years, including 50 in the first 
three months of 2010. According to Dr. Susan Bailey, president of the 
Texas Medical Association, the Medicare system is on the verge of 
imploding unless action is taken by Congress to ensure that Medicare 
payments to physicians are not cut drastically.
  Madam Speaker, I urge my colleagues to support not only H.R. 5712 but 
also the overall

[[Page 18149]]

health of many struggling Americans. I am an avid supporter of health 
care reform and I stand today in steadfast support of providing 
affordable health care for all Americans. However, if doctors are 
unwilling to accept patients with Medicare because they fear they will 
not receive payment for their services we face a serious dilemma. It is 
our duty as legislators to provide such payment guidelines for the 
legislation intended to provide affordable quality health care for all 
Americans to ensure that it achieves is purpose.
  In the final physician rule, Centers for Medicare and Medicaid 
Services modified the MPPR policy to apply a 25 percent reduction, 
rather than the proposed 50 percent reduction to physicians Medicare 
payments. While that reduction shows movement in the right direction, 
any reduction will hinder doctors' ability to effectively treat 
patients who need their care the most like children and the elderly.
  I ask my colleagues to please join me in supporting H.R. 5712, the 
Physician Payment and Therapy Relief Act of 2010.
  The SPEAKER pro tempore. Without objection, the gentleman from 
California (Mr. Herger) will control the time.
  There was no objection.
  Mr. HERGER. I yield myself such time as I may consume.
  Madam Speaker, for the fifth time in the last year, Democrats' 
ability to properly manage the Medicare program is causing medical 
doctors to confront a looming massive cut in their Medicare 
reimbursement rates. In fact, when the cut went into effect in June, 
Medicare held physicians' payments for weeks, and it ultimately was 
forced to pay claims that cut physicians' rates by 21 percent, only to 
later send additional payments once the majority congressional 
Democrats decided to pass another patch. In practical terms, this meant 
for weeks doctors and other providers saw no or greatly reduced 
Medicare payments, but yet they still had to pay their rents, payrolls, 
and other overhead expenses.
  Madam Speaker, this is unacceptable and irresponsible. As a result of 
the Democrats' failure to address this issue in a timely manner, tens 
of millions of taxpayer dollars were wasted to reprocess physicians' 
claims and to send new checks to doctors all because the majority party 
could not finish its work on time.
  Physician practices, like most small businesses, are hurt by this 
dereliction of duty. In a letter signed by 117 physician specialty and 
State medical societies, physicians detailed how many practices were 
forced to seek loans to make payroll expenses, to lay off staff or to 
cancel capital improvements and investments in electronic health 
records and other technology. Furthermore, when payments resumed, many 
physicians experienced long delays in receiving the retroactive 
adjustments. The physician group letter states, ``This is not the way 
to manage a program that seniors and the disabled rely on.''
  The legislation before us provides for a 1-month postponement of the 
23-percent cut; but in 1 month, the cuts return, this time even deeper, 
with payment cliffs expected to reach nearly 25 percent on January 1.
  Madam Speaker, the Democrats' practice of missing deadlines, of 
withholding payments and reprocessing Medicare claims is no way to run 
the program. Furthermore, the Democrats' new health law cuts more than 
one half trillion dollars from Medicare but spends nothing on fixing 
the physician payment problem. It is one of the many reasons we should 
replace that flawed legislation with reform Americans can afford and 
that we should address a true long-term fix for our doctors and 
seniors. A Republican House will run this program differently.
  We cannot miss deadlines. We must ensure doctors get paid on time for 
the services they provide. We cannot string them along not knowing from 
one month to the next what they will be getting paid by Medicare. As 
doctors are making decisions about whether or not to participate in 
Medicare next year, I want them to know that a Republican House will 
not leave them twisting in the wind as they have been this past year.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. I yield myself such time as I may consume.
  You know, Madam Speaker, I was very upset to hear the gentleman from 
California because I thought, for once--and it's very rare around 
here--as I heard the gentleman from Oregon suggest that he was 
supporting this bill, that we finally had some bipartisan support and 
some Republican support for the SGR doctors' fix; but now I listen to 
the gentleman from California, and he starts suggesting that somehow 
the Democrats are to blame. Well, let me suggest that the opposite is 
true.
  Back in November of 2009, about a year ago, the Democrats in this 
House passed a permanent fix. We wouldn't be here today if that 
legislation had been supported by the Republicans. To his credit, only 
one Republican--Dr. Burgess, who is a member of my Health 
Subcommittee--did, in fact, support it, but he was the only one. It is 
the Republicans' fault that we are constantly dealing with these short-
term fixes, because they don't want to take care of the doctors. They 
don't want to resolve this, and they refused to come to the table and 
resolve it with us while we were in the majority.
  I don't want to go into it too much today because I know there is 
support on the Republican side of the aisle for this 60-day fix, until 
December 30; but in talking about the Democrats when the Republicans 
are the reason we are here today because they would not support the 
permanent fix and make it so that we didn't have to constantly go back 
to the table, I think it is totally inappropriate for the gentleman of 
California to lay blame when, in fact, it is his own party that is to 
blame.
  I reserve the balance of my time.
  Mr. HERGER. Madam Speaker, I would like to mention to my friend, the 
gentleman from New Jersey, that the legislation he speaks of, which 
they offered, had a $200 billion, non-paid-for bill on that. We have to 
begin living within our means, and through our legislation that we will 
be offering, we will be working to do that.
  I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I ask unanimous consent that the balance 
of my time on the majority side be controlled by Representative Stark 
of the Committee on Ways and Means.
  The SPEAKER pro tempore. Without objection, the gentleman from 
California will control the time.
  There was no objection.
  Mr. STARK. Madam Speaker, I yield myself such time as I may consume.
  Before I start, I just want to comment that my distinguished 
colleague from northern California, on the other side of the aisle, can 
be so mean and so tough but, Madam Speaker, in a very gentle, pleasant 
way. I do so look forward to working with him in the next Congress to 
see how he is going to slap me around as we proceed to try and keep 
physicians paid and to keep Medicare the great program that it is.
  I rise in support of H.R. 5712. The legislation as we know, Madam 
Speaker, provides for a 1-month extension. By extending current law in 
this manner, we put SGR reform on the same timetable as other Medicare 
provisions we need to renew before the end of the calendar year. 
Without this bill, as we have heard from doctors and other health 
providers, they will see their Medicare payments cut by 21 to 23 
percent, and that is not acceptable.

                              {time}  1430

  It's a bad outcome for physicians, for patients, for the government. 
The only other solution would be for the Medicare agency to hold 
payments until longer-term SGR reform legislation is enacted in 
December, and that really plays hard with their practices. It is 
difficult for them to plan, to pay their employees, pay their rent, and 
know that payments will be postponed for 1 month.
  So I join with my distinguished colleague across the aisle in 
supporting H.R. 5712 and asking my colleagues to support it this 
morning.
  Mr. DINGELL. Madam Speaker, I rise today to acknowledge my support of 
the one month patch to the Sustainable Growth Rate, but to state once 
again, that we cannot continue to kick this can down the road. I 
continue to support a permanent fix to the flawed SGR formula, like the 
one we passed in the House of Representatives last year. I also want to 
express my continued frustration that the Republicans in the United 
States Senate thwarted

[[Page 18150]]

them from following the House's lead on this sound policy.
  It is necessary that we pass this one-month extension today, but it 
is far from sufficient. Two weeks ago, I introduced H.R. 6427, the 
``Medicare Physician Payment Update Extension Act.'' This legislation 
will extend the current physician Medicare reimbursements for 13 
additional months. I believe this longer extension will give our 
seniors and physicians the peace of mind they need while Congress works 
on a permanent solution to this longstanding problem.
  Tonight we will pass a one-month extension to ensure that seniors 
have access to the same doctors they do today, and so doctors will be 
fairly reimbursed for their services over the next month. However, when 
we come together to address this problem again in 30 days, I urge my 
colleagues to pass a permanent solution, or at minimum, pass a year 
long extension so that we can ensure some stability to the Medicare 
program.
  Mr. CONYERS. Madam Speaker, I rise today in strong support of H.R. 
5712, ``The Physician Payment and Therapy Relief Act of 2010.'' One of 
the most important priorities of Congress, regardless of our current 
economic downturn, is the financial well-being of our Nation's 
hospitals, and the ability of patients to have access to medically 
necessary care when they need it.
  Passage of H.R. 5712 accomplishes both goals by blocking the 23 
percent cut in Medicare payments to doctors, for one month, while 
Congress and the Obama Administration work together to put together a 
permanent fix to ensure the optimal Medicare reimbursement rate to 
doctors and hospitals.
  In order to have world class hospitals in the United States, we must 
have the needed funding to ensure that our Nation's hospitals can 
provide the highest quality care possible. Passage of H.R. 5712 will 
help strengthen our Nation's hospitals, especially those located in our 
inner cities and rural areas. Many of these hospitals are experiencing 
serious funding shortages, and are at risk of losing much needed 
doctors and medical staff.
  H.R. 5712 is a bipartisan bill that costs one billion dollars, and is 
fully paid for. This legislation helps to protect access to doctors for 
Medicare beneficiaries and military families, given that payment rates 
for doctors in TRICARE, the health care program for active-duty service 
members, National Guard and Reserve members, military retirees, and 
their families are tied to Medicare rates.
  H.R. 5712 is a good example of how Members of Congress working 
together in a spirit of bipartisan unity can improve the health and 
well being of all Americans. I encourage my colleagues to support the 
bill.
  Mr. VAN HOLLEN. Madam Speaker, I rise in support of legislation that 
would avert a 23 percent payment cut for Medicare physicians and 
continue to provide them with a 2.2 percent update through December 31, 
2010.
  While I would like to see a permanent, long-term solution to the 
flawed Medicare physician payment formula, this stop-gap legislation is 
necessary so that Medicare beneficiaries can continue to see their 
doctor of choice and have access to the care they need. However, a 
long-term solution to this problem is needed to provide stability for 
physicians who provide services under Medicare so that their practices 
can adequately plan for the expenses they incur for treating Medicare 
beneficiaries. In fact, the House passed legislation this Congress that 
would have permanently fixed the Medicare physician payment formula. 
Unfortunately, it was blocked in the Senate.
  Madam Speaker, I hope our Republican colleagues will join us in 
finding a long-term solution to this problem. I urge my colleagues to 
support this legislation.
  Mr. STARK. Madam Speaker, I yield back the balance of my time.
  Mr. HERGER. Madam Speaker, while I intend to support this bill and 
urge its passage, our work does not end here. We must find a long-term, 
stable and fiscally responsible solution to this problem.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and concur in the Senate amendments to the bill, H.R. 5712.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendments were concurred in.
  A motion to reconsider was laid on the table.

                          ____________________




 LANCE CORPORAL ALEXANDER SCOTT ARREDONDO, UNITED STATES MARINE CORPS 
                          POST OFFICE BUILDING

  Mr. CLAY. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5877) to designate the facility of the United States Postal 
Service located at 655 Centre Street in Jamaica Plain, Massachusetts, 
as the ``Lance Corporal Alexander Scott Arredondo, United States Marine 
Corps Post Office Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5877

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LANCE CORPORAL ALEXANDER SCOTT ARREDONDO, UNITED 
                   STATES MARINE CORPS POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 655 Centre Street in Jamaica Plain, 
     Massachusetts, shall be known and designated as the ``Lance 
     Corporal Alexander Scott Arredondo, United States Marine 
     Corps Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Lance Corporal Alexander Scott 
     Arredondo, United States Marine Corps Post Office Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Clay) and the gentleman from Virginia (Mr. Wolf) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. CLAY. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. CLAY. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, on behalf of the Committee on Oversight and Government 
Reform, I am pleased to present H.R. 5877, legislation that designates 
the U.S. Postal Service facility located at 655 Centre Street in 
Jamaica Plain, Massachusetts, as the ``Lance Corporal Alexander Scott 
Arredondo, United States Marine Corps Post Office Building.''
  Introduced by our colleague, the gentleman from Massachusetts, 
Representative Michael Capuano, on July 27, 2010, H.R. 5877 enjoys the 
support of Massachusetts' entire delegation to the House.
  Madam Speaker, Lance Corporal Arredondo of Randolph, Massachusetts, 
was the 968th U.S. military fatality of Operation Iraqi Freedom. An 
avid martial arts enthusiast, he studied at the New England Academy of 
Martial Arts in Randolph, where he also taught courses to young 
students.
  He was assigned to Battalion Landing Team 1/4, 11th Marine 
Expeditionary Unit, I Marine Expeditionary Force, out of Marine Corps 
Base Camp Pendleton. Sadly, on August 25, 2004, Lance Corporal 
Arredondo was killed by a sniper in Najaf. He was 20 years old.
  In closing, let us pay tribute to the life and service of Lance 
Corporal Alexander Scott Arredondo by naming the Jamaica Plain Post 
Office Building in his honor. I urge my colleagues to join me in 
supporting H.R. 5877.
  Madam Speaker, I reserve the balance of my time.
  Mr. WOLF. Madam Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 5877, to designate the facility of 
the United States Postal Service located at 655 Centre Street in 
Jamaica Plain, Massachusetts, as the ``Lance Corporal Alexander Scott 
Arredondo, United States Marine Corps Post Office Building.''
  Madam Speaker, it is altogether fitting and proper that we name this 
post office in Jamaica Plain for a true American hero who made the 
ultimate sacrifice for our country.
  Born August 5, 1984, Alexander Scott Arredondo graduated from Blue 
Hills Regional Technical School in Canton, Massachusetts, in the year 
2002. He joined the Marine Corps and was assigned to the 1 Marine 
Expeditionary Force based out of Camp Pendleton, California. He was 
deployed to Iraq and

[[Page 18151]]

served his first tour of duty in 2003, which lasted 9 months. In June, 
2004, Lance Corporal Arredondo was deployed back to Iraq. Sadly, Madam 
Speaker, Lance Corporal Arredondo died in Najaf, Iraq, defending 
freedom and protecting our Nation.
  At only 20 years old, Lance Corporal Arredondo was on his second tour 
of duty supporting Operation Iraqi Freedom, proving this young man's 
bravery, courage, and dedication. He is truly an American hero, and I 
urge all Members to join us in support of this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. CLAY. Madam Speaker, I yield 5 minutes to the chief sponsor of 
the legislation, the gentleman from Massachusetts (Mr. Capuano).
  Mr. CAPUANO. I thank the gentleman for yielding. I also want to thank 
the committee for putting this bill out.
  Lance Corporal Arredondo was a recipient of the Navy Cross with 
combat V and a Purple Heart. He was nominated for the Bronze Star, and 
he gave his life for this country on August 25, 2004. As you heard, he 
was on his second tour of duty in Iraq.
  I just want to read a paragraph that was written about one of his 
actions, his last action, by a lieutenant general that I think sums up 
what his own colleagues, his other Marines, thought of him.
  ``On August 25, 2004, Lance Corporal Arredondo gallantly performed 
the duties of a fire team leader while fighting enemy forces in the old 
city of Najaf. While moving with his squad to attack and clear a two-
story building, the platoon became heavily engaged at close ranges by 
enemy small arms, machine gun, and RPG fire. He never hesitated as he 
led his Marines under intense fire through the building, personally 
clearing rooms and assuming the greatest risk as grenade explosions 
raised an impenetrable cloud of dust and dirt in each room.
  ``Lance Corporal Arredondo led his Marines clearing the objective in 
a superb manner, never slowing down and never showing any fear. After 
the exhausting attack, when the platoon had gained control of the 
building, Lance Corporal Arredondo personally emplaced his marines in 
an exemplary manner while setting up a defense and preparing for 
further engagements with the enemy.
  ``After his fire team was set in defense, Lance Corporal Arredondo 
was shot and mortally wounded by a sniper as he walked the line 
checking his marines. Lance Corporal Arredondo fought alongside his 
fellow marines and displayed the highest levels of courage and 
selflessness during the three weeks of fighting in Najaf. He gave his 
life fighting for freedom and defending his fellow marines.''
  That was not written by me or my staff. That was written by his 
commander. I think that that alone, that one paragraph, clearly 
underscores exactly what kind of a person Lance Corporal Arredondo was. 
For a man to give his life at such a young and tender age is an 
incredible thing, and I am proud--and I want to be very clear, this is 
the first time I have been here on something like this. I don't take 
this lightly at all this. This is not just naming another thing after 
another person. This particular one is very important to me, to my 
constituents, and to his family because of the service he rendered for 
this country, because of the fact that he gave his life fighting for 
our freedom and our rights. I just want to say thank you to the 
committee again for bringing this bill to the floor, and thank you to 
the people who have supported this bill.

                              {time}  1440

  Mr. WOLF. Madam Speaker, I yield back the balance of my time.
  Mr. CLAY. Madam Speaker, I again urge my colleagues to join me in 
supporting this measure.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
pass the bill, H.R. 5877.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLAY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                  NATIONAL MESOTHELIOMA AWARENESS DAY

  Mr. CLAY. Madam Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 771) supporting the goals and ideals of a National 
Mesothelioma Awareness Day.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 771

       Whereas mesothelioma is a terminal, asbestos-related cancer 
     that affects the linings of the lungs, abdomen, heart, or 
     testicles;
       Whereas workers exposed on a daily basis over a long period 
     of time are most at risk, but even short-term exposures can 
     cause the disease and an exposure to asbestos for as little 
     as one month can result in mesothelioma 20-50 years later;
       Whereas asbestos was used in the construction of virtually 
     all office buildings, public schools, and homes built before 
     1975 and asbestos is still on the United States market in 
     over 3,000 products;
       Whereas there is no known safe level of exposure to 
     asbestos;
       Whereas millions of workers in the United States have been, 
     and continue to be, exposed to dangerous levels of asbestos;
       Whereas the National Institutes of Health reported to 
     Congress in 2006 that mesothelioma is a difficult disease to 
     detect, diagnose, and treat;
       Whereas the National Cancer Institute recognizes a clear 
     need for new agents to improve the outlook for patients with 
     mesothelioma and other asbestos-related diseases;
       Whereas for decades, the need to develop treatments for 
     mesothelioma was overlooked and today, even the best 
     available treatments usually have only a very limited effect 
     and the expected survival time of those diagnosed with the 
     disease is between 8 and 14 months;
       Whereas mesothelioma has claimed the lives of such heroes 
     and public servants as Admiral Elmo Zumwalt, Jr., and 
     Congressman Bruce F. Vento, and a high percentage of today's 
     mesothelioma victims were exposed to asbestos while serving 
     in the United States Navy;
       Whereas it is believed that many of the firefighters, 
     police officers, and rescue workers from Ground Zero on 
     September 11, 2001, may be at increased risk of contracting 
     mesothelioma in the future;
       Whereas the establishment of a National Mesothelioma 
     Awareness Day would raise public awareness of the disease and 
     of the need to develop treatments and enhance public 
     awareness for it; and
       Whereas cities and localities across the country are 
     recognizing September 26 as Mesothelioma Awareness Day: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of Mesothelioma Awareness 
     Day; and
       (2) urges the President to issue a proclamation calling on 
     the people of the United States, Federal departments and 
     agencies, States, localities, organizations, and media to 
     annually observe a National Mesothelioma Awareness day with 
     appropriate ceremonies and activities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Clay) and the gentleman from Virginia (Mr. Wolf) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. CLAY. I ask unanimous consent that all Members may have 5 
legislative days within which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. CLAY. I yield myself such time as I may consume.
  I rise in support of House Resolution 771, a bill supporting the 
goals and ideals of National Mesothelioma Awareness Day. This 
resolution will raise awareness of this often fatal disease. House Res. 
771 was introduced by our colleague, the gentlewoman from Minnesota, 
Representative Betty McCollum on September 24, 2009. It was referred to 
the Committee on Oversight and Government Reform which

[[Page 18152]]

ordered it reported favorably on July 15, 2010. It comes to the floor 
today with the support of over 50 cosponsors.
  Madam Speaker, mesothelioma is a very difficult cancer to detect, 
diagnose, and treat. Though relatively rare, with about 2,000 new cases 
diagnosed each year, those diagnosed with mesothelioma have an expected 
survival time of only 8 to 14 months.
  Exposure to asbestos is the major risk factor for mesothelioma. A 
history of asbestos exposure in the workplace is reported in 70 to 80 
percent of cases. Asbestos was a common building material before 1975 
and is still found in over 3,000 products that are on the market today. 
An exposure for as little as 1 month may lead to a diagnoses of 
mesothelioma decades later.
  Madam Speaker, mesothelioma is a serious and difficult-to-control 
form of cancer, and there is much work to be done to find new treatment 
options. Let us now show our support for the awareness of the disease 
and need for these treatment options through the passage of House 
Resolution 771. I urge my colleagues to join me in supporting it.
  I reserve the balance of my time.
  Mr. WOLF. Madam Speaker, I yield myself such time as I may consume.
  I rise today in support of H. Res. 771, supporting the goals and 
ideals of a National Mesothelioma Awareness Day. It is a terrible 
disease, form of cancer, debilitating ailment that is terminal. Madam 
Speaker, many all over the world have suffered and died from this 
disease, including a former Member of this body.
  Bruce F. Vento, a Member who I served with for 19 years died of 
mesothelioma in the year 2000. He represented Minnesota's Fourth 
District for 12 terms until his death. I still remember the last time I 
spoke to Mr. Vento. He was in the back rail there close to the 
Democratic Cloakroom.
  So I strongly support and thank the gentleman and gentlelady from 
Minnesota for offering this and urge all Members to support it.
  I yield back the balance of my time.
  Ms. McCOLLUM. Madam Speaker, I introduced House Resolution 771 on 
September 24, 2009 to recognize the 3,000 Americans diagnosed with 
Mesothelioma each year and raise awareness about this rare form of 
cancer. After more than a year of work, a coalition of support came 
together to mark September 26, 2010 as the first ever ``National 
Mesothelioma Awareness Day.'' I have to thank 58 of my colleagues--both 
Democrats and Republicans--who co-sponsored this resolution and all the 
advocates for their work.
  Mesothelioma is an asbestos-linked cancer most often found in a 
person's chest, lungs, or abdomen. More than a million Americans are 
exposed to dangerous levels of asbestos while on the job, including 
military personnel, firefighters, and construction workers. In fact, 
workers in our own Capitol complex are suffering from asbestos 
exposure. Many of these individuals are unaware of the risk at the time 
of exposure.
  Despite decades of warnings about the dangers of asbestos, too many 
Americans are still unaware of the devastating nature of this disease. 
Although over 50 countries have banned asbestos, the United States has 
not. It is found in millions of products sold in this country, 
including brake pads, roofing materials, and gaskets.
  The fight against Mesothelioma is a personal issue for me. In 2000, 
my friend and predecessor Congressman Bruce Vento was diagnosed with 
Pleural Mesothelioma. The news was devastating for his family, friends, 
and all of us in Minnesota that knew him. Bruce represented Minnesota's 
Fourth Congressional District from 1977-2000. During his service in 
Congress, he was tireless advocate on behalf of his constituents and a 
national champion for environmental protection and the rights of the 
homeless.
  Awareness is critical for early diagnosis and treatment. ``National 
Mesothelioma Awareness Day'' honors those living with Mesothelioma, 
those that have died from the disease, and their families. House 
Resolution 771 is an important step toward educating the nation about 
the causes of this deadly disease and the need for better treatments 
and additional research.
  I strongly urge all of my colleagues to support passage of this 
bipartisan resolution.
  Mr. CLAY. Madam Speaker, I again urge my colleagues to join me in 
support of this measure.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
agree to the resolution, H. Res. 771.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLAY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




             COLONEL GEORGE JUSKALIAN POST OFFICE BUILDING

  Mr. CLAY. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6392) to designate the facility of the United States Postal 
Service located at 5003 Westfields Boulevard in Centreville, Virginia, 
as the ``Colonel George Juskalian Post Office Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6392

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COLONEL GEORGE JUSKALIAN POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 5003 Westfields Boulevard in Centreville, 
     Virginia, shall be known and designated as the ``Colonel 
     George Juskalian Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Colonel George Juskalian Post Office 
     Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Clay) and the gentleman from Virginia (Mr. Wolf) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. CLAY. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. CLAY. I yield myself such time as I may consume.
  Madam Speaker, on behalf of the Committee on Oversight and Government 
Reform, I am pleased to present H.R. 6392, legislation that designates 
the U.S. Postal Service facility located at 5003 Westfield Boulevard in 
Centreville, Virginia, as the ``Colonel George Juskalian Post Office 
Building.'' Introduced by our colleague, the gentleman from Virginia, 
Representative Frank Wolf, on September 29, 2010, H.R. 6392 enjoys the 
support of Virginia's entire delegation to the House.
  Colonel Juskalian served with high distinction in the U.S. Army for 
nearly 30 years, which included service in World War II, Korea, and 
Vietnam. Colonel Juskalian survived the hardships of being a German 
prisoner of war, enduring nearly 3 years in Nazi POW camps. For his 
bravery and heroism throughout this ordeal and his later service in 
Korea and Vietnam, Colonel Juskalian earned two Silver Stars and four 
Bronze Stars for actions in combat.
  After leaving the military, Colonel Juskalian continued to serve his 
Virginia community until his death at the age of 96. As a retired 
veteran, Colonel Juskalian volunteered to help mentor and educate youth 
throughout the Fairfax County, Virginia, school district.
  In closing, Madam Speaker, let us now pay tribute to Colonel 
Juskalian's outstanding service and legacy to our country and to his 
community through the passage of H.R. 6392 and designate the 
Centreville, Virginia, postal facility on Westfields Boulevard in his 
honor, a true American hero. I urge my colleagues to join me in 
supporting H.R. 6392.
  I reserve the balance of my time.
  Mr. WOLF. I yield myself such time as I may consume.

[[Page 18153]]

  I introduced this legislation to commemorate the life of my 
constituent, the late Army Colonel George Juskalian, by dedicating the 
post office of Centreville, Virginia, as the ``Colonel George Juskalian 
Post Office Building.''
  The colonel was born in Fitchburg, Massachusetts. He passed away this 
past July 4 at the age of 96, and he served our Nation for nearly 30 
years on active duty, including campaigns in World War II, Korea, and 
Vietnam.

                              {time}  1450

  He joined the United States Army in 1939 and was called to active 
duty as a first lieutenant in 1940 and served with distinction in World 
War II. During this time, he was captured by the Germans in Tunisia and 
spent 27 months in prisoner of war camps in Italy, Germany, and Poland.
  Colonel Juskalian was in General Eisenhower's secretariat in the 
Pentagon between 1945 and 1948, and was an adviser to the Imperial 
Iranian Army in Tehran. He also served our Nation with distinction in 
France and on the home front, retiring with the rank of colonel in 
1967. Awards he received include the Army's highest award, the Legion 
of Merit, for noncombat service, as well as the Silver Star, the Bronze 
Star, the Army Commendation Medal, the Air Medal, and the Parachutist 
Badge, and the combat Infantry Badge with a Star awarded for World War 
II and the Korean War.
  He learned the value of community service at an early age from his 
parents, who were at the forefront of Armenians immigrating to this 
country and who worked to establish the Armenian Church in the United 
States.
  The colonel was a longtime resident of Centreville and remained 
actively involved in his community until his death through 
organizations such as the Armenian Assembly of America, American Legion 
Post 1995, and the Blue and Gray Veterans of Foreign Wars Post 8469. 
Many knew the colonel through his volunteer work at local schools.
  I want to thank each Member of the Virginia delegation as they joined 
with me to introduce this bill. I also want to thank the gentleman from 
New York (Mr. Towns) and the gentleman from California (Mr. Issa) for 
working with me to bring this legislation to the floor for 
consideration.
  Naming the Centreville, Virginia, post office facility after Colonel 
George Juskalian will be a fitting tribute to his many, many years of 
service, and will also serve as a constant reminder of the sacrifices 
made by members of the United States Armed Services.
  I urge a ``yes'' vote.
  I yield back the balance of my time.
  Mr. CLAY. Madam Speaker, I urge my colleagues to support this 
legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
pass the bill, H.R. 6392.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                          PROCESS IN THE HOUSE

  Mr. BUYER. Madam Speaker, since this bill has not gone through the 
committee, I think we ought to just go through regular order and go to 
the next bill. As a matter of fact, we'll shut the book on this, Madam 
Speaker. What do you think?
  The SPEAKER pro tempore. The gentleman will suspend.
  Mr. BUYER. Suspend? I ask to be recognized.
  The SPEAKER pro tempore. The gentleman has not been recognized.
  Mr. BUYER. I ask to be recognized. I ask unanimous consent to address 
the House for 1 minute.
  The SPEAKER pro tempore. For what purpose does the gentleman seek 
recognition?
  Mr. BUYER. I ask unanimous consent to address the House for 5 
minutes.
  Hearing no objection----
  The SPEAKER pro tempore. Five-minute special orders are not being 
recognized at this time.
  Mr. BUYER. I ask unanimous consent to address the House for 1 minute.
  Hearing no objection----
  The SPEAKER pro tempore. One-minute requests are not being 
entertained at this time.
  Mr. BUYER. Oh. So as a sitting Member of the House, the Speaker 
chooses not to recognize another sitting Member. Is that correct?
  The SPEAKER pro tempore. Recognition is within the discretion of the 
Speaker.
  Mr. BUYER. So the discretion of the Speaker here is not to recognize 
a ranking Republican member on a bill that is about to be heard that 
was never gone through the process of the committee.
  I ask to be recognized.
  The SPEAKER pro tempore. The House is proceeding with motions to 
suspend the rules.
  Mr. BUYER. And if the chairman is not here to present the bill, 
shouldn't we go to the next bill, and we would therefore withdraw this 
bill?
  The SPEAKER pro tempore. The gentleman will suspend. The gentleman 
has not been recognized.
  Mr. BUYER. I ask to be recognized. I ask unanimous consent to address 
the House for 1 minute.
  The SPEAKER pro tempore. Is there an objection for the gentleman to 
speak for 1 minute? Hearing none, the gentleman is recognized for 1 
minute.
  Mr. BUYER. Wow. Was treating another Member with dignity so hard, 
Madam Speaker? I don't believe it was. You see, you are right. It is 
within your sole discretion to recognize a Member. But you chose to 
exercise the power of the gavel, Madam Speaker. Therein lies the 
problem.
  I am here. The chairman is not here. He wants a bill brought under 
suspension that was not gone through regular order of the committee 
over the objections of the ranking Republican. That is an abuse of the 
process. As a matter of fact, he wants to bring a bill under suspension 
and then do this sort of political treachery of doing a manager's 
amendment, and I object to it all. And he is not even here to do it.
  So what I am asking is, Madam Speaker, for regular order. If he is 
not here to pull off this political stunt, then we should just proceed 
and this bill should be withdrawn. It is the right thing to do by the 
American people to stop these tactics.
  I yield back the balance of my time.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess subject to the call of the Chair.
  Accordingly (at 2 o'clock and 59 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  1801
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Cuellar) at 6 o'clock and 1 minute p.m.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Under clause 5(d) of rule XX, the Chair 
announces to the House that, in light of the resignation of the 
gentleman from Illinois (Mr. Kirk), the whole number of the House is 
434.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on motions to suspend the rules previously postponed.
  Votes will be taken in the following order: H.R. 5877, by the yeas 
and nays; and H. Res. 771, by the yeas and nays.
  The first electronic vote will be conducted as a 15-minute vote. The 
second will be conducted as a 5-minute vote.

[[Page 18154]]



                          ____________________




 LANCE CORPORAL ALEXANDER SCOTT ARREDONDO, UNITED STATES MARINE CORPS 
                          POST OFFICE BUILDING

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill (H.R. 5877) to designate 
the facility of the United States Postal Service located at 655 Centre 
Street in Jamaica Plain, Massachusetts, as the ``Lance Corporal 
Alexander Scott Arredondo, United States Marine Corps Post Office 
Building,'' on which the yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
pass the bill.
  The vote was taken by electronic device, and there were--yeas 366, 
nays 0, not voting 67, as follows:

                             [Roll No. 581]

                               YEAS--366

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Flake
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves (GA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Owens
     Pallone
     Pascrell
     Paul
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Richardson
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stearns
     Stupak
     Stutzman
     Sullivan
     Sutton
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tierney
     Titus
     Towns
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Yarmuth
     Young (FL)

                             NOT VOTING--67

     Arcuri
     Austria
     Barrett (SC)
     Berman
     Berry
     Bishop (GA)
     Boehner
     Bono Mack
     Boozman
     Brady (PA)
     Brown-Waite, Ginny
     Burton (IN)
     Carney
     Childers
     Conyers
     Dahlkemper
     Davis (AL)
     DeFazio
     Delahunt
     Edwards (TX)
     Fallin
     Fleming
     Gerlach
     Grijalva
     Gutierrez
     Hall (NY)
     Hastings (FL)
     Johnson (IL)
     Kilpatrick (MI)
     Linder
     Lipinski
     Mack
     Marchant
     Markey (CO)
     Markey (MA)
     McMahon
     Mollohan
     Moran (KS)
     Moran (VA)
     Murphy, Patrick
     Myrick
     Neal (MA)
     Ortiz
     Pastor (AZ)
     Pence
     Putnam
     Radanovich
     Reyes
     Rodriguez
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Scott (VA)
     Shadegg
     Shuster
     Speier
     Stark
     Tanner
     Taylor
     Tiberi
     Tonko
     Tsongas
     Wamp
     Wittman
     Wu
     Young (AK)

                              {time}  1831

  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                  NATIONAL MESOTHELIOMA AWARENESS DAY

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution (H. Res. 771) 
supporting the goals and ideals of a National Mesothelioma Awareness 
Day, on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
agree to the resolution.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 363, 
nays 0, not voting 70, as follows:

                             [Roll No. 582]

                               YEAS--363

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Flake
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves (GA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy

[[Page 18155]]


     Kildee
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Owens
     Pallone
     Pascrell
     Paul
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Richardson
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stearns
     Stupak
     Stutzman
     Sullivan
     Sutton
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tierney
     Titus
     Towns
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Yarmuth
     Young (FL)

                             NOT VOTING--70

     Arcuri
     Austria
     Barrett (SC)
     Berman
     Berry
     Bishop (GA)
     Boehner
     Bono Mack
     Boozman
     Brady (PA)
     Brown-Waite, Ginny
     Burton (IN)
     Cantor
     Carney
     Childers
     Conyers
     Dahlkemper
     Davis (AL)
     DeFazio
     Delahunt
     Edwards (TX)
     Fallin
     Fleming
     Gerlach
     Grijalva
     Gutierrez
     Hall (NY)
     Hastings (FL)
     Johnson (IL)
     Kilpatrick (MI)
     Linder
     Lipinski
     Mack
     Marchant
     Markey (CO)
     Markey (MA)
     McMahon
     McNerney
     Mollohan
     Moran (KS)
     Moran (VA)
     Murphy, Patrick
     Myrick
     Ortiz
     Pastor (AZ)
     Pence
     Putnam
     Radanovich
     Reyes
     Rodriguez
     Roskam
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Scott (VA)
     Serrano
     Shadegg
     Shuster
     Speier
     Stark
     Tanner
     Taylor
     Tiberi
     Tonko
     Tsongas
     Wamp
     Wittman
     Wu
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in this 
vote.

                              {time}  1839

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. CONYERS. Mr. Speaker, on November 29, 2010, I regret that I was 
not present to vote on H.R. 5877 and H. Res. 771.
  Had I been present, I would have voted ``yea'' on both bills.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent for votes in the 
House Chamber today. I would like the Record to show that, had I been 
present, I would have voted ``yea'' on rollcall votes 581 and 582.

                          ____________________




                 IMPENDING CRISIS IN HEALTH CARE SYSTEM

  (Ms. BERKLEY asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. BERKLEY. Madam Speaker, I rise today to talk about an impending 
crisis in our health care system. If this Congress can't figure out a 
way to reimburse the doctors that take care of our older Americans, our 
follow citizens, our mothers and fathers and grandparents that are on 
Medicare, this Nation is going to be in a world of hurt. It is time 
that we put aside petty politics, figure out how we're going to 
reimburse the doctors and keep the Medicare system going.
  There are millions of Americans, certainly hundreds of thousands of 
seniors in the district that I represent, that depend on Medicare to 
have their health care needs met. You take away their doctors, you take 
away any chance they have of getting medical care.
  Let's get moving on this and provide a permanent fix to reimbursing 
the doctors, and let's help our seniors stay on Medicare.

                          ____________________




THE CHILDREN'S TRUST SIXTH ANNUAL CHAMPIONS FOR CHILDREN AWARD CEREMONY

  (Ms. ROS-LEHTINEN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Ms. ROS-LEHTINEN. Madam Speaker, the Children's Trust hosted its 
sixth annual Champions for Children awards ceremony just recently in 
south Florida. It honored the exceptional individuals who dedicate 
their time and services to the children of south Florida.
  The Children's Trust is an altruistic humanitarian organization 
committed to the children and families of our south Florida community. 
It operates on a simple motto, Madam Speaker: ``Because all children 
are our children.''
  It is this belief that has motivated the Children's Trust since its 
inception in the year 2002. It has collaborated with children and 
parents throughout our community in an attempt to strengthen the family 
bond and to help facilitate opportunities to allow the children of 
south Florida to achieve their full potential.
  I encourage all throughout our community to take an interest in this 
great organization because, indeed, all children are our children.

                          ____________________




                             INSULT MOSQUE

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Madam Speaker, the people who want to build a 
mosque at Ground Zero now want American taxpayers to pay $5 million to 
help build that mosque. Those who beg for American money to build an 
insult mosque on Ground Zero disrespect the 3,000 people of all faiths, 
nations, and religions that were murdered by a radical Islamic faction 
on 9/11.
  Ground Zero is sacred American soil. It's where America was ambushed 
by killers from the sky. A taxpayer-funded mosque at the site comes 
across as a memorial and tribute to the radical terrorists that 
murdered in the name of religion. Such a plan is unwise, insensitive, 
and shameful.
  Those who wish to build a mosque should instead build a monument and 
a memorial to the victims of 9/11--victims that include Christians, 
Jews, and Muslims. Otherwise, Ground Zero is off-limits.
  And that's just the way it is.

                          ____________________




                        DIABETES AWARENESS MONTH

  (Mr. PAULSEN asked and was given permission to address the House for 
1 minute.)
  Mr. PAULSEN. Madam Speaker, I rise today to remind my colleagues that 
as Diabetes Awareness Month comes to a close, we must continue to work 
together to protect future generations from this disease.
  Cases of diabetes among Americans is growing at an alarming rate. 
Today, nearly 24 million children and adults suffer from this disease, 
that's nearly one in every three Americans, and another 57 million 
Americans are at risk.
  Madam Speaker, in addition to the alarming number of people affected 
by diabetes, the costs associated with this disease are far too great. 
The American Diabetes Association estimates that the total cost 
associated with diabetes care costs approximately $174 billion 
annually.

[[Page 18156]]

  With health care costs rising and the number of diagnosed diabetics 
at an all-time high, we must work to prevent diabetes through education 
and awareness, as well as work to lower the cost of care associated 
with this disease.

                          ____________________




                              {time}  1850
                             SPECIAL ORDERS

  The SPEAKER pro tempore (Ms. Kilroy). Under the Speaker's announced 
policy of January 6, 2009, and under a previous order of the House, the 
following Members will be recognized for 5 minutes each.

                          ____________________




                      HONORING LEOPOLDO CIFUENTES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Florida (Mr. Lincoln Diaz-Balart) is recognized for 5 
minutes.
  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I rise to honor 
the memory of a friend who passed away just a few days ago, a larger 
than life personality, a generous and extraordinary man, Leopoldo 
Cifuentes.
  Scion of a distinguished Cuban family, his grandfather purchased the 
famed Partagas cigar factory in 1875. The Cifuentes family symbolizes 
Cuban tobacco and cigars, the best in the world. And Leopoldo Cifuentes 
symbolized his remarkable family.
  When the Cuban Communist tyranny confiscated all businesses in Cuba 
in 1960, including the tobacco business of the Cifuentes family, young 
Leo came to the United States of America, a country he loved and 
admired deeply. He married Dagmar Hidalgo Nunez, an extraordinary 
woman, in 1962.
  That year Leopoldo Cifuentes volunteered to join the United States 
Army. Years later, he received an honorable discharge and the 
commendation of the then Army Secretary Cyrus Vance. Leo and Dagmar 
subsequently moved to Spain, where much of their extended family 
resided. Their children, Leopoldo, Jr., and Mayte, were born there. As 
Leopoldo and Dagmar's family grew, so did Leo's business success. But 
he never stopped loving the United States of America, nor the country 
of his birth, Cuba. Leopoldo Cifuentes, along with his son Leo Jr., and 
his nephew Rafael, have been bulwarks in the fight for Cuba's freedom.
  Madam Speaker, just this last July, when I visited Spain to meet with 
recently arrived former Cuban political prisoners, Leo, Leo Jr., and 
Rafa helped me to lend a hand to our heroes, the just-released-from-
the-gulag former political prisoners. And that's typical of their 
generosity and their patriotism.
  I send my deepest condolences to Dagmar, Mayte, Leo Jr., Rafa, and 
the entire wonderful family of Leopoldo Cifuentes. I will never forget 
him.

                          ____________________




       DESTROYING THEIR PROPERTY AND INSULTING THEIR INTELLIGENCE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Madam Speaker, the trip taken by the U.S. delegation to 
the NATO summit in Lisbon was an expensive one indeed. The decision 
made there to extend our military occupation of Afghanistan into 2014 
and possibly beyond will exact untold, unsustainable, unacceptable 
costs.
  A war that has already tragically cost us 1,400 American lives will 
now take many hundreds more. A war that has already drained the 
Treasury of $370 billion will drive us further into debt and stall our 
economic recovery. And a war that has undermined our national security 
goals will continue to make us less safe.
  Here we are patting down holiday travelers at the airport while we 
escalate a war that is fomenting, rather than fighting, terrorism. 
That's the current state of our national security policy. Talk about 
missing the forest for the trees.
  This decision to stay the disastrous course in Afghanistan represents 
a broken promise plain and simple, a promise that was to at least begin 
ending this war in July of next year. Meanwhile, as the timetable 
extends, the tactics seem to grow more violent.
  Remember shock and awe in Iraq? Well, we are now engaged in what one 
American officer called, ``Awe, shock, and firepower'' in the form of 
enormous tanks now rolling into Afghanistan for the first time during 
this war. As if Afghans needed another reminder of the 1980s Soviet 
invasion, which was heavy on tank artillery, and left an indelible mark 
on the national consciousness.
  The optics here, Madam Speaker, are very bad, and the rhetoric is 
disturbing as well, with one official boasting to the Washington Post, 
and I quote him, he said, ``We've taken the gloves off.'' And another 
saying that counterinsurgency, and I quote him, ``doesn't mean you 
don't blow up stuff or kill people who need to be killed.'' Of course, 
the problem is that we are killing a lot of people who don't need to be 
killed, innocent civilians caught in the crossfire.
  How exactly are we supposed to win people's hearts and minds when we 
are destroying their homes and exterminating their families? When will 
we understand that this kind of warfare, this entire war is the best 
propaganda tool the Taliban could ask for? And besides, Madam Speaker, 
tank deployment flies directly in the face of the COIN doctrine that is 
supposed to be guiding our Afghanistan strategy. We have all heard 
General Petraeus wax philosophical about U.S. troops moving within 
communities, helping forge a bond between the people and their 
government. Except that tanks and night raids are about just the 
opposite--removing our troops from Afghan communities in favor of 
launching deadly explosives from a safe distance.
  But apparently NATO officials have come up with a creative way out of 
that contradiction. The Post reports that an Afghan farmer asked a 
general at a public meeting, ``Why do you have to blow up so many of 
our fields and homes?'' He was told that when villagers travel to town 
to submit a claim for property damage it helps better connect them to 
their government. Can you imagine a response more galling, Madam 
Speaker? Now we are not only destroying their property, we are 
insulting their intelligence, too.
  This must end, it must end now. And Madam Speaker, we must bring our 
troops home. Our troops should have come home a long time ago.

                          ____________________




                              {time}  1900

 MIAMI CHILDREN'S HOSPITAL'S VENTILATOR ASSISTED CHILDREN'S CENTER CAMP

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Florida (Ms. Ros-Lehtinen) is recognized for 5 
minutes.
  Ms. ROS-LEHTINEN. Madam Speaker, I am so pleased, so pleased, to 
recognize the Miami Children's Hospital's Ventilator Assisted 
Children's Center Camp and congratulate them on their 25th anniversary.
  This extraordinary camp serves children who depend upon medical 
technology to breathe. It gives them a chance to just be kids for a 
week.
  Founded in 1986 by Dr. Moises Simpser, the camp has grown from 
serving 50 to over 250. This one magical week is the work of hundreds 
of volunteers and a year's worth of planning and preparation. The VACC 
Camp is the first of its kind in the Nation, and families come from 
across the country to participate.
  For this 1 week every year, children who are usually all but confined 
to their hospital rooms and their homes can experience camp activities 
and a near-normal life. Packed with activities and field trips, this 
week is a week of firsts: First-time dancing, first-time bowling, 
first-time swimming. VACC Camp is not about what the campers cannot do; 
it's about what they can do.
  Through a partnership with Shake-A-Leg Miami, the camp even developed 
a special sailboat that campers can steer with their chins, regardless 
of how much medical equipment they require. Other field trips include 
cruising on Biscayne Bay, shopping at Bayside

[[Page 18157]]

Marketplace, a day at the beach, and lunch at the Hard Rock Cafe. Often 
this is the one time a year that these children have a chance to go 
outside in the fresh air and feel the sunshine on their faces.
  At camp, volunteers make the week unique by putting on carnival 
nights and themed dance parties. But above all, the camp offers a 
chance to escape wheelchairs, medical tubes, and breathing equipment by 
going swimming. The process of getting each child into the pool takes 
over 20 minutes and five to six volunteers.
  VACC camp is unique for the opportunities that it provides to its 
campers and their families. Caring for a child who is dependent upon 
technology to breathe puts an incredible amount of pressure on even the 
strongest of families. Parents are responsible for intensive 24-hour 
care without a day off.
  Of all the difficulties of caring for a sick child, one of the most 
trying is social isolation. VACC Camp serves not just the kids but also 
their siblings and their parents. With programs like Parents' Dinner 
Out, this camp is a time to have fun and take a day off. What a luxury.
  VACC Camp is an opportunity for these children and their parents to 
see that they are not alone, to build a community and a support 
structure.
  Camp is a life-changing week for the families and the selfless 
volunteers who make it happen. Sponsored by Miami Children's Hospital 
and supported by hundreds of volunteers, VACC Camp is completely free 
for the families. The camp depends not only on the medical 
professionals who use their vacation days but also on its many teen 
volunteers. Local high school students interact with campers to make 
the week truly special and fun, and they leave the week with lifelong 
friendships. Camp is as much of a life-changing event for these high 
school students as it has been for the campers themselves.
  I am so appreciative, Madam Speaker, of the hard work and the 
countless volunteers who come together to make this camp a magical week 
year after year.
  To Dr. Simpser and everyone involved at the VACC Camp: You have 
touched the lives of so many families and helped so many become happier 
and healthier children. Happy 25th anniversary, VACC Camp, and keep up 
the good work.

                          ____________________




 GEORGIA'S FIRST SQUADRON, 108TH CAVALRY OF THE 48TH INFANTRY BRIGADE 
                              COMBAT TEAM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Georgia (Mr. Graves) is recognized for 5 minutes.
  Mr. GRAVES of Georgia. Madam Speaker, I rise today to honor the 
distinguished service of seven men from Georgia's First Squadron, 108th 
Cavalry of the 48th Infantry Brigade Combat Team based in northwest 
Georgia.
  On September 2, 2010, these men received the Bronze Star and Army 
Commendation Medals with ``V'' Device for their personal valor and 
action in an intense firefight during Operation Brest Thunder. 
Operation Brest Thunder, an operation involving U.S. troops, French 
marines, and the Afghanistan National Army, was designed in order to 
persuade the citizens of Afghanistan that it was safe for them to 
participate in the electoral process in the dangerous insurgency area 
of the Shpee Valley and the Kapisa Province.
  It was through their bravery and boldness during this operation that 
the following men have been recognized for their outstanding action. 
The Bronze Star Medal with ``V'' device was awarded to:
  Captain Nathaniel C. Stone of Monticello, Georgia; Sergeant First 
Class Kenneth Brooks of Calhoun, Georgia; Staff Sergeant William 
Bookout of Villa Rica, Georgia; Sergeant Roger Mavis of Dallas, 
Georgia; and Specialist Christopher Lowe from Savannah, Georgia.
  Receiving the Army Commendation Medal with ``V'' device were Staff 
Sergeant William Moore of Newnan, Georgia, and Specialist Justin Evans 
of Silver Creek, Georgia.
  During Operation Brest Thunder, a large number of Taliban had entered 
the Shpee Valley in Afghanistan in order to reinforce insurgents 
already there. At the start of their mission, U.S. forces immediately 
took heavy fire from enemy forces in every direction.
  After a fellow captain was mortally wounded, and the assisting 
soldier, Specialist Lowe, wounded and incapacitated, Captain Stone and 
Specialist Evans sprung into action. Captain Stone was dispatched to 
lead the Quick Reaction Force to evacuate Specialist Lowe and the 
fallen soldier from the battlefield back to the combat outpost. 
Meanwhile, Specialist Evans treated Specialist Lowe's wounds while 
staving off enemy fire.
  Maneuvering under fire, Captain Stone and Sergeant First Class 
Brooks, the onsite commander, immediately assessed the situation and 
the course of action for evacuation. They soon realized that the only 
way to retrieve the casualties was to immediately employ their men to 
lay down fire at a tree line that had been the source of the heaviest 
assault.
  Once their men were in place and able to begin an aggressive attack, 
Captain Stone, along with another soldier, sprinted approximately 50 
meters up high ground towards the house where the casualties were 
located without regard for their own personal safety. Upon reaching 
Specialist Evans and Specialist Lowe, Captain Stone realized Specialist 
Lowe was losing a lot of blood and must be rapidly evacuated out of 
harm's way. Captain Stone sprinted towards one of the vehicles where 
Specialist Lowe was placed, while several rounds of enemy fire shot 
around him, skimming the top of his right boot.
  And Captain Stone ran through enemy fire to ensure that Specialist 
Lowe received medical attention and that the body of his fellow soldier 
was retrieved.
  This quick thinking and courageous action by Captain Stone and 
Specialist Evans, without regard for their own safety, saved Specialist 
Lowe's life and assured the retrieval of their fellow man. Throughout 
the duration of Operation Brest Thunder, Sergeant First Class Brooks, 
Staff Sergeant Moore, Sergeant Mavis and Sergeant Bookout endured heavy 
enemy fire.
  These men led valiantly, calmly, and decisively. Although they were 
under heavy enemy fire, these men and their team pressed on and 
unfortunately sustained two casualties. However, they were able to 
maneuver their forces and hold overwatch positions until the Quick 
Reaction Force could respond to medevac any casualties and help 
neutralize the enemy threat. They simultaneously oversaw the defense of 
their combat outpost from heavy fire upon the return of their mission.
  A few of these men have noted Operation Brest Thunder to be one of 
the toughest battles they have fought. But it is because of their 
strength of skill that a Taliban commander and almost two dozen 
insurgents fell, helping the United States and her allies grow 
stronger, protecting her from those who wish to do her harm.
  The courageous actions of these men show their commitment to their 
mission, to each other, and to their country.
  Madam Speaker, I have taken this opportunity to commend the heroic 
actions of these men. But I would also like to take this opportunity to 
thank them. I would like to thank these men for sacrificing their lives 
and their livelihoods for this country.
  I want to thank their families for showing tremendous support, 
strength, and resiliency, and I want to be sure that they and their 
brothers and sisters all across the United States Armed Forces know 
that we at home are always thinking and supportive of them. Americans 
can sleep more peacefully, Americans can live their lives more freely 
knowing that soldiers like these brave men from Georgia's First 
Squadron, 108th Cavalry of the 48th Infantry Brigade Combat Team are 
out there fighting for our freedoms.
  God bless them and their families, and may the Lord continue to bless 
this great and glorious cause called America.

[[Page 18158]]



                          ____________________




                              {time}  1910
 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF SENATE AMENDMENTS 
              TO H.R. 4783, CLAIMS RESOLUTION ACT OF 2010

  Mr. POLIS, from the Committee on Rules, submitted a privileged report 
(Rept. No. 111-660) on the resolution (H. Res. 1736) providing for 
consideration of the Senate amendments to the bill (H.R. 4783) to 
accelerate the income tax benefits for charitable cash contributions 
for the relief of victims of the earthquake in Chile, and to extend the 
period from which such contributions for the relief of victims of the 
earthquake in Haiti may be accelerated, which was referred to the House 
Calendar and ordered to be printed.

                          ____________________




                  THE RULE OF LAW: FEDERAL REGULATIONS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Texas (Mr. Carter) is recognized 
for 60 minutes.
  Mr. CARTER. Thank you, Madam Speaker.
  We've been talking for a couple of years now about the rule of law 
and how the rules that we set up for ourselves are rules that glue our 
society together. But there are times when there are rules that people 
have a misconception about. This happens more and more when you're back 
home, somebody will come to you in the business community or even in 
their personal life and complain about something or some way that the 
government was interfering with their lives. There are times when, at 
least in my office, where people come in griping about it and 
unfortunately it's not the Federal Government. It's rarely not the 
Federal Government, but sometimes it's not the Federal Government but 
it's the State government. But almost always people presume that the 
law that is intrusive upon their life, and these are people that are 
not in the regular course of dealing with Washington, those laws were 
passed by Congress. So, therefore, Congress did this to you. And, in a 
way, it's true.
  Tonight, I want to talk about Federal regulatory authority. Federal 
regulations. We're at a time right now that some would argue is at 
least equal to the Great Depression in a time of joblessness and in a 
time of economic stagnation. Some would argue we're second to the Great 
Depression. Whichever it is, we have literally hundreds of thousands 
and millions of people in this country who need a job. They need to 
work. They want to work. They want to be out there and be productive 
members of society. That's the most important thing in their life.
  Feeding your family. People go to great strains to try to make sure 
that they can provide for their families. And I think all Americans 
feel that way. Nothing hurts more than to realize that whether it's 
your fault or the fault of the economy or what, you can't find a job in 
the town you live in, or maybe even anyplace within driving distance of 
where you live. You hesitate to move all the way across the country to 
someplace where you hear there are jobs because it's so disruptive to 
your family. The pressure is tremendously bad on people in this country 
right now. There are folks that are trying to create jobs, and they 
have things that are interfering with their lives.
  There's all kinds of reasons why you get stagnation and you get 
companies that are fearful to create jobs, that people are, as we hear, 
quote, hoarding their profits. One of the reasons we talk about all the 
time is uncertainty--``I don't know what's going to happen and until I 
know what's going to happen, I'm holding onto my money.'' That might be 
actually some pretty good planning in many ways. But there's also that 
``I can't explain it'' factor that is in people's lives. ``I can't 
explain it; I just don't feel good about things right now.'' I believe 
that a lot of the ``I can't explain it, I just don't feel good about 
things right now'' feeling that a lot of Americans have, actually you 
could go back to what FDR said: ``The only thing we have to fear is 
fear itself.'' We can't define what causes us to be afraid in many 
instances. But there are things that go on that we create in this 
Congress. Through acts of Congress, we create authorities, agencies, 
boards, commissions, departments, all kinds of entities that have 
career Federal bureaucrats that work for them, and we give them what's 
called regulatory authority. Regulatory authority basically gives them 
authority to write additional rules to implement the overall plan of 
what the Congress perceived to be a need of the country and passed in 
the form of a piece of legislation. From that standpoint, I guess all 
rules are the resulting fault of the Congress. But in the vast majority 
of instances, the regulations are never addressed by the Congress.
  Tonight, some of my friends are joining me and I'm really proud to 
have them here. We're going to talk about the fact that this is not the 
first time this has been recognized as an interference in the ability 
to create growth and create jobs in this country. Back in the nineties, 
back in, I believe it was right after the 1994 Republican takeover of 
the House, the Contract with America, there were a lot of pieces of 
legislation passed. Some of the things they tried to do were things 
that would get some of the regulators off the backs of small and large 
businesses which would prevent the creation of wealth, prevent the 
creation of jobs. They passed something called the Congressional Review 
Act. It was signed into law by President Clinton. The Congressional 
Review Act requires all Federal agencies to submit any new major 
regulation--that's what I was telling you about; agencies have 
regulatory authority and those regulations are like laws written by 
bureaucrats--to Congress for 60 days prior to the enactment of that 
regulation, during which time Congress can vote to block the new rules.
  With President Obama in the White House and Reid still throttling the 
Senate, the CRA, the Congressional Review Act, gives the House the 
potential to look at these things and to realize that probably the 
largest concentration of regulatory rules that will ever be written in 
the history of this country are probably going to be written, or are in 
the process of being written on ObamaCare right now.
  You hear all these many things that are going on, if you just watch 
your television, about the Secretary has come up with a new rule and 
has granted a new waiver to rules, a temporary waiver, a permanent 
waiver, a 60-day rule; a rule forever. Rules are actually epidemic. 
Last year, the Federal Government issued a total of 3,316 new rules and 
regulations, an average of 13 rules a day. Seventy-eight of those new 
rules were major rules. A major rule is any rule that may result in an 
annual effect on the economy of $100 million or more; a major increase 
in cost or prices for consumers; or a significant adverse effect on the 
economy. We are already seeing that ObamaCare seems to be the mother of 
all rules.
  The Congressional Research Service reports that ObamaCare gives 
Federal agencies substantial responsibility and authority to, quote, 
fill in the blanks, fill in the details, for the legislation that was 
passed by this Congress and submitted for regulations.

                              {time}  1920

  There are more than 40 provisions in the health care overhaul that 
require, permit, or contemplate Federal rulemaking. We have this tool 
called the CRA. And I've got a board here that tells you a little bit 
about it, and I told you some of it. So it passed as part of the Small 
Business Regulatory Enforcement Fairness Act of 1996, part of the 
Contract for America Advancement Act of 1996. The purpose was to allow 
Congress to review every new Federal regulation issued by the 
government, government agencies, or passed by a joint resolution and 
overrule that regulation.
  The way it works is the Federal agencies shall submit to each House 
of Congress and to the Comptroller General a comprehensive report on 
any major proposed rule. Congress has 60 days to pass a joint 
resolution of disapproval of any rule. The Senate must

[[Page 18159]]

vote on the CRA resolution of disapproval if this House votes to 
disapprove the rule. So that's the way it works. This is a tool that I 
have a lot of questions with.
  My first job out of law school when I was a young, stupid lawyer and 
had a lot to learn was to be drafting legislation for the Texas 
Legislative Council. And I didn't learn a lot there, but I learned one 
thing: When the word ``shall'' appeared, it meant you do it. If it said 
``may,'' you had other options you could take. But if the legislation 
says ``shall submit,'' you shall submit it. You shall do it. You have 
to do it. But interestingly enough, I don't think that this tells you 
what happens if you don't. So there are a lot of questions in this 
bill. This bill needs some further work.
  A good friend of mine, Representative Geoff Davis, has actually been 
looking into putting a little bit more teeth into the Congress' power 
to oversee these regulations. So, at this time, I'm going to yield as 
much time as he wishes to consume to my friend, Geoff Davis, to tell us 
about what he looked at when he started with his REINS Act that he 
proposed and tell us about it.
  Take the time you need.
  Mr. DAVIS of Kentucky. Thank you, Judge. It's good to be with you 
tonight working in common cause on this issue. So many of us have seen 
not simply in the last 2 years or the last 4 years, but a growth of 
government really over the last 50 years that is unprecedented, and 
it's increasing every year in size.
  The intent behind the Congressional Review Act in 1996 was absolutely 
solid. But when it went into law, one of the challenges that happened 
was that law didn't really have the teeth in it to force accountability 
of the agency community with the Congress. And I'm going to talk a 
little bit about some of the things that led up to our introduction of 
the REINS Act, H.R. 3765, the Regulations from the Executive In Need of 
Scrutiny Act. And it's a long name to really give the analogy of 
pulling back on this unbridled growth or race to increase the size of 
the government.
  The only time that the Congressional Review Act has been effectively 
used to block the implementation of a regulation was the ergonomics 
rule from the Clinton administration's Department of Labor that was 
going to be implemented in early 2001, and it was struck down by the 
incoming Congress and then signed into law by President Bush as one of 
his earliest legislative actions in 2001. Since that time of the 
Republican administration and a subsequent Democrat administration, we 
have seen an explosion of regulations. We can name virtually any agency 
in the Federal Government that on account of two reasons--one, a lack 
of congressional oversight and enforcement, where an agency can 
literally go out and move independent of the clear intent of Congress 
because of some of the nebulous language that's allowed to go into 
bills to get compromises to get it passed; and the second thing that 
happens in that, as well, is that these regulations get promulgated as 
a means of an administration in the executive branch to, in effect, 
subvert what the desire of the Congress is. We saw it in immigration 
policy. We've seen it in environmental policy, and we've seen it in 
aspects of defense policy. No Child Left Behind is filled with unfunded 
mandates that are placed upon local school systems. And the cumulative 
sum of this is a huge amount of the economy.
  Compliance with regulation comes with a cost. There's a scoring 
system of rules, and what we chose to focus on was major rules, which I 
will get to in a minute, but a major rule is one that has a cumulative 
economic effect of $100 million a year. That is an awful lot of money. 
But when we look at a country of over 300 million people, we can get 
there very, very quickly.
  Let me give you a personal example. For people who might be watching 
this broadcast tonight, I ask you this question: Has your sewer bill 
gone up or your water bill gone up in the last 5 years? The majority of 
communities in this country have seen a great increase due to a 
mandate, an unfunded mandate, from the Environmental Protection Agency 
for storm water compliance. Is environmental stewardship relevant? 
Absolutely. But here is the bigger question. I'll go to northern 
Kentucky, and this became the genesis of the REINS Act.
  We had just at the peak, the tipping point of economic growth, about 
5 years ago, a consent decree was negotiated in a draconian fashion 
where we dictated to the water district in northern Kentucky for the 
three counties where I live, in Boone, Kenton, and Campbell Counties. 
That consent decree to mandate a change in storm water runoff and how 
that was going to be handled in our cities in those three counties of 
our 24 counties was an $800 million unfunded mandate on three counties 
in Kentucky. It overnight doubled everybody's water and sewer bills. 
The sewer bills were the first thing that came.
  The second thing that we saw, though, because we are one of the more 
prosperous parts of the State in terms of having a sustainable tax base 
and manufacturing industry, as painful and unpleasant as it was, if it 
were, in fact, the correct thing to do, there was a means to cope with 
that. But I have towns in my district, particularly in the rural areas 
and some of the poorer areas, areas where folks do not have the tax 
base, smaller cities that have a diminishing and aging population that 
are heavily centered on retirees where the cost of storm water 
compliance is actually more than the city budget, and there is 
absolutely no relief at all or context to be applied in these 
regulations.
  I was very concerned about this and had spoken out on it, and a 
constituent came and talked to me. And he just asked this question. He 
said, How come you all can't vote on these regulations? And we went to 
work. We went back and looked at the original intent of the 
Congressional Review Act. And the more that our legislative staff and I 
studied that, what we began to see was it takes an action of the House 
and the Senate overwhelmingly to repeal that regulation.
  I thought about this from my time in manufacturing and operations, 
learning how to build things. If we can create something the equivalent 
of a stoplight that will simply stop the process, that becomes the 
basis of this, and that was the genesis of what became the REINS Act.
  There was no way for accountability to be given to the American 
people. When it's a faceless executive in an agency, when it's a 
department, a subdepartment within an agency that issues a regulation, 
comments are rarely carried out. As you noted earlier, we very rarely 
actually see those regulations briefed. It just comes in a thick 
congressional register of thousands of pages.
  And here is the thing that came to mind when we looked at that idea 
of how to deal with this from a voting perspective. What my friend 
shared opened our eyes to do an amendment to the Congressional Review 
Act that would change the nature of it from Congress has the option to. 
As you know, our good friends in the Senate are somewhat slower than we 
are in being able to get things done. There are more abilities to throw 
a stumbling block in place. We decided just to take that same idea; 
let's create a mandated process that, in fact, will force these 
regulations to be vetted so the American people have somebody to hold 
accountable.
  If the head of the EPA, for example, a regional director of the EPA 
came into my district in August and made a statement to the effect of, 
If we have to put you all out of business and you have to move to other 
parts of the country that have a policy that we think is more 
acceptable, then so be it; but there's no ability for them to, in 
effect, strike back at the ballot box, to express another opinion. And 
these are not people that disagree with the EPA as an agency or any 
other agency for that matter. It's a question of constitutional 
authority, and it should be vested here. The power of the purse is in 
the House of Representatives, and the financial impact of these 
regulations should be in the House as well.
  And this is what we propose with REINS--to rein in the government

[[Page 18160]]

when a regulation of this magnitude is proposed. What would happen is 
that at the end of the comment period, instead of being enforced 
unilaterally upon the American people or being in endless court or 
remediation fights, what would happen, very simply, is those bills or 
those regulations would come back here to Capitol Hill. We would have a 
stand-alone, up-or-down vote, a no-excuses vote where Members of 
Congress of all 435 districts would have to vote and be accountable 
back to their citizens for the decision they took. If we're going to 
have an $800 million increase in water and sewer bills, they would 
vote. If we're going to increase the unfunded mandates on our schools, 
there would be Members of Congress and of the Senate who would have had 
to take that vote. I think it would have a restraining factor, knowing 
that people had an out, that there was accountability.

                              {time}  1930

  This extends into so many areas with EPA rules and the multiple rules 
that you mentioned with health care and with the new financial 
regulations, I could go on ad nauseam, and the sum of this economically 
is devastating to our country and it moves us away from looking at ways 
to be more efficient.
  I say put the stop in place. This bill will do that. The REINS Act, 
H.R. 3765, makes us all accountable to our citizens. The benefits of 
this are twofold. The first benefit is that this is nonpartisan. In the 
Bush administration, as some of us have talked about, we noticed 
regulations that were being brought about and implemented that were 
against the better interest of our economy, of our communities in many 
parts of the country. There wasn't an open and public debate to be able 
to address that. The thing that this would do is it would push power 
back to the legislature where it needs to be, stop the unbridled growth 
of the executive branch so voters would always have a say.
  The second thing it would do, and we saw this with the health care 
bill, 2,700 pages, much of it nebulous language that was given to us 
midnight Friday before a Sunday vote on that bill, there was no way to 
fully vet the consequences of that. I believe what the REINS Act would 
do is take those rules and it would lead to more streamlined and crisp 
language and eloquent legislative language stated, and avoid the 
ability of any outstanding agency to subvert the will of Congress.
  I appreciate being part of this discussion tonight.
  Mr. CARTER. I thank the gentleman. My good friend, the gentleman from 
Georgia (Mr. Westmoreland) is here, and I want to let him make the 
comments he wishes to make.
  Mr. WESTMORELAND. I want to thank my friend from Texas and also my 
friend from Kentucky for introducing the REINS Act, and especially the 
gentleman from Texas for your work in this body late at night like 
this, talking about things that we need to do and what the public 
expects us to do as far as ethics and as far as reining in some of the 
government that we have. You know, I think what a lot of people don't 
understand is that this new TSA ruling, this is something that did not 
come out of Congress.
  Mr. CARTER. That is right.
  Mr. WESTMORELAND. This came out of the Department of Homeland 
Security making their own rules. The ObamaCare bill that was passed out 
of here, I believe there are 111 agencies, boards and commissions that 
are to be formed by that bill. Each one of those will write their own 
rules and regs. For CBO or anybody else to try to tell us how much 
money this is going to cost, it is impossible because we don't know 
what type of rules and regs these agencies, boards and commissions are 
going to come up with.
  We had a hearing in the Small Business Committee, and we had somebody 
there from the GAO. We asked them: When these agencies get this 
legislation, do they ever go back and talk to the Member that offered 
the legislation or the committee that it came back through?
  No, not that we know of. It is not a rule. It is not a practice.
  So while this body might pass something with a certain legislative 
intent, by the time it gets to that agency, they write rules and regs 
that go way beyond where this body wanted it to go perhaps, or maybe 
not as far as they wanted it to go. As the gentleman from Kentucky 
mentioned with the water bill, the Clean Air Act, the Clean Water Act, 
it has gone way beyond what the intention of this body was with the EPA 
and the Fish and Wildlife and the other agencies that got hold of that 
bill.
  The REINS Act talks about the Portland cement, the new regulations 
that the EPA is trying to put on that. A lot of people don't know this, 
but if you live on a dirt road with the new dust requirements that the 
EPA may come out with, you are not going to be able to drive down that 
dirt road and create dust. Well, I live on a dirt road and I am going 
to tell you, I don't know how to keep it from having dust unless you 
have a rainstorm, and then you are going to get mud.
  Mr. CARTER. You will need to have a water truck in front of you to 
get to your house.
  Mr. WESTMORELAND. That's right. And we have people come up to us all 
of the time and say, you know, why did you all pass this law that says, 
you know, that you can't have dust or you can't have spray that blows 
if you are spraying your pastures or your fields or your bushes. You 
go, you know, that wasn't in the law. That is not something that we 
had; that's something that the EPA did or that is something that the 
IRS did or that's something that Homeland Security did on their own. 
And so I just think this is a great piece of legislation. I appreciate 
you opening up the debate to it.
  Mr. CARTER. Recapturing a little bit of my time here, talking about 
the Portland cement issue, when I started looking into this, and first 
off to make this very clear, we are not talking about company called 
Portland Cement, we are talking about a process for making cement. It 
is kind of interesting. Cement is the second most consumed product 
globally in the world. The first is water. So honestly, just about 
everything that is constructed, buildings and roadways, has something 
to do with cement. And the projections on what this is going to do to 
the Portland cement industry, the people who make the concrete that we 
depend on, you know probably 90 percent of the skyscrapers of the world 
use some form of pre-stressed concrete to build a skyscraper. It is a 
major building material for a thriving economy. What they are telling 
us now is that construction spending amounts to about a trillion 
dollars annually, and that is about a fourth of the gross domestic 
product. The cement industry has declined in relation to the national 
economic downturn, and so has the construction industry.
  If they do this, this could cost us around 153,000 jobs nationwide. 
That is lost jobs. We are trying to figure out a way to create jobs in 
this Congress; that is lost jobs. The cement industry generates $7.5 
billion annually in wages and benefits. According to the Minnesota 
Plan, about $27.5 billion of America's economic activity, gross output, 
occurred in the cement manufacturing industry, and almost $931 million 
in indirect tax revenues were generated for State and local 
governments. The economic footprint for the cement industry is a 
trillion dollars. It is very important.
  Now what can happen. According to a study done by SMU, which happens 
to be in the great State of Texas, they have looked at what this 
regulation that is being proposed by the regulators, and when we say 
regulators, remember, nobody elected these people to this job. Most of 
them work under the civil service idea that once they are here, unless 
they commit armed robbery, you can't get them out of their job. So they 
are employees for life. They sit around in little offices and come up 
with all of these new ideas, and they expand upon the thoughts that 
Congress had when we created these agencies. And I would argue that EPA 
has expanded beyond anybody's imagination the things that they can do. 
And they don't think about the fact, like blowing when you

[[Page 18161]]

are crop dusting or spraying your roses in your yard if the wind is 
blowing, you're in violation of the EPA regulation they are proposing. 
They don't realize what the impact is on human beings.
  What will happen to us on the Portland cement industry is right now 
our major competition is overseas anyway. I mean, China and Japan are 
importing, mainly China now, are importing tons of concrete into the 
United States every year. If we put our manufacturers out of business 
because of this extremely expensive regulation that would cause them to 
be noncompetitive in the world market. Even if they tried to compete, 
their increased costs would be such that they would be put out of 
business from a market standpoint. Other people would just have a 
better price. Even with shipping costs, they would have a better price. 
But more so, you lose all of the jobs that are created around here for 
the cement industry if you pass these regulations.
  These are the kinds of things that Congress ought to be looking at 
because we are responsible to the people of the United States. This 
House is called the People's House because every 2 years we have to 
look our neighbors in the face and answer those questions that your 
neighbors ask you about why in the world did you guys do this?

                              {time}  1940

  Well, we're getting blamed for it anyway. We ought to at least look 
into it, and if we can do something about it, we ought to do something 
about it.
  I see Congressman Davis is back. I'm glad to see you. We're talking 
about what this Portland Cement case is going to do to the cement 
industry. Quite honestly, it's disastrous.
  Mr. DAVIS of Kentucky. I would agree wholeheartedly with you. In 
fact, we can extend that almost into every area of small business. For 
those who have experience in manufacturing and in any number of 
business areas or construction that deal with the use of various 
chemicals, resins and compounds, there is a compliance requirement 
called Material Safety Data Sheets, MSDS compliance, which requires a 
very large amount of documentation in a business. We look at Portland 
cements, which are very large businesses that have these burdens placed 
upon them that are very high, but it's even in very small businesses.
  In working with many manufacturing companies in my time before coming 
to Congress, in the 12 years before my coming to Congress, after I had 
left the Service, I saw that these regulations created an undue hidden 
tax on America's ability to compete. It's not the idea of being 
antiregulation. I think standards can be very good and very helpful, 
but it's the point at which that compliance is mandated and the context 
of that.
  A case in point, I think, that I saw that typified this more than 
anything else was the case with my dry cleaners that I had used for 
years before I ended up running for office. It's called Braxton's 
Cleaners. It was started by a couple of entrepreneurs who wanted to 
build this business. They built it. It grew. They had very high quality 
customer service. Like all of us who have started small businesses, 
we've encountered the issue of how to deal with all of the hidden costs 
that come with just running any kind of small business.
  Well, they hit a point where they were doing so much business--they 
were starting some satellite operations--that the owner decided that he 
would install another dry cleaning machine. He suddenly found out that, 
by wanting to do that, he had an EPA mandate through the State 
environmental cabinet of the Commonwealth of Kentucky that he had to 
have boreholes drilled through his floor to see if dry cleaning fluid 
in any capacity had gotten into the groundwater.
  The standard that had been levied by the Environmental Protection 
Agency--and this is going back to actually 1999--for the amount of 
particulate matter of dry cleaning fluid--and essentially you and I 
could drink it. It would be awful stuff and probably make us sick, but 
it's not going to kill us--has been listed with many other chemicals as 
a possible carcinogen. You would have to pump this into somebody's body 
to create a real health issue, but it was so few parts per million that 
it was actually a higher standard than drinking water is in our county, 
which is maintained at a very high standard.
  When this was found--and they found one teaspoon of water under the 
concrete pad at Braxton's Cleaners in Burlington, Kentucky--the 
inspector said, Well, you're going to have to remediate this.
  His response was, Well, I don't have the money to do that.
  Then the inspector said, You don't understand. We're going to shut 
you down if you don't do this.
  So he spent over $50,000, in effect, to tear up the floor and to 
clean up one teaspoon of water.
  The context issue here is that this is not Dow Chemical pumping out 
millions and millions of gallons of highly toxic chemicals. This is the 
local dry cleaner. I've had friends who were auto mechanics, running 
small garages, who built businesses, and who were successful 
entrepreneurs--taxpayers--creating jobs and growing. They've run into 
the same kinds of issues that lose context when they're complying and 
seeking to fulfill the intent of the law.
  Before I yield back, I'll mention one other. I see the egregious 
example of regulatory intrusion. The purpose, for example, of the 
Transportation Security Administration is to provide security for the 
traveling public. That's the premise. I sat in here on October 31, 
2001, as a candidate for Congress, during the anthrax scare, and I 
watched Norman Mineta--former Clinton administration Secretary of 
Transportation, who stayed over into the Bush administration--pleading 
as the father of two airline pilots not to implement the processes the 
way the TSA was going to. He said it would create an onerous cost, that 
it would create an excessive economic burden on the airline industry 
and that it wouldn't materially change the outcome of security. He 
advocated the use of a much more principle-based and systemic method 
used by the Israelis, which involves questioning and which gets the 
bags before they ever go into the airport.
  Now we find a situation where I believe, personally, we're getting 
into some Fourth Amendment grounds, not as an attorney because I'm not 
one, but by questioning the need for these intrusive searches of 
everybody within the traveling public when, in fact, threats have 
already penetrated a secure area. The bigger question when I see the 
nun here and when I saw the video of the----
  Mr. CARTER. Reclaiming my time for a minute, it is very clear from 
the cameras that this is basically a TSA employee doing a leg search of 
a nun.
  Go ahead.
  Mr. DAVIS of Kentucky. With that visual, keep in mind I've spent the 
last 26 years of my life traveling in and out of the Middle East in 
various capacities--serving there in the military and being in and out 
of the region, traveling on business, and now as a Member of Congress. 
I've had a chance to watch a system that is virtually flawless, and 
it's based on a series of questions that is not intrusive. It's a free 
society. They've maintained their civil liberties with a dramatically 
higher threat to terrorism.
  Yet what we have done, if we look at this, is create the 
bureaucratization of security. We're not going to deal with the root 
cause issues; we're going to treat the symptoms. Nobody will ever take 
down an airplane with a box cutter or a pocketknife the way the 
hijackers did on 9/11. Now that citizens who are flying know, there 
have been multiple instances in flight where people have had erratic 
behavior, mainly trying to get to the lavatory, and they were tackled 
by passengers out of concern for this. Americans will fight back.
  The situation has changed, and in effect, we're fighting the last 
battle; we're fighting the last terrorist attack as opposed to 
something like the Israeli system, which really incurs virtually no 
cost and manages to keep a very robust flying public that's very safe, 
and it all begins with asking questions.

[[Page 18162]]

  People bring up the argument, Oh, well, you can't do that because 
that's profiling.
  I would disagree with the misuse and misunderstanding of that term 
related to the cost. We are driving people away from traveling right 
now because of these intrusions. It's creating a huge burden on the 
flying public, and it's entirely unnecessary because it's checking 
innocent people, and 99 percent of our capacity is devoted to checking 
people for a threat that any trained security inspector would know is 
not even there. That's a poor use of assets.
  I'll go back to the Israeli system. I was traveling out of Israel, 
alone, with a backpack, 17 years ago, on a short trip that I had had to 
make into Jerusalem. At the time, because of what I did and because of 
where I had been in the military, I had had lots of stamps from 
countries all over that area--some areas which weren't particularly 
friendly to Israel. I was asked questions--a blue-eyed, Caucasian male, 
from the United States, who spoke with an Ohio Valley accent. They 
began asking me a series of questions.
  They looked at the passport stamps and moved me over and said, We'd 
like you to talk to this person over here.
  The other 200-plus people who were going on that L-1011 Delta flight, 
in fact, were moved right on through. I was asked questions for over an 
hour and a half. There was no cost to those other people. The airline 
was able to do what they did, and they were able to very quickly verify 
that I was, A, no threat and a legitimate customer. That system works, 
and it works today, and it's almost impossible for somebody to fool 
that system.
  The other thing that's important is we don't need these billions of 
dollars spent on these scanners that are being overused. Again, it 
comes down to situation awareness. We can address this issue with a 
lower cost by stepping back and applying what you and Congressman 
Westmoreland have been talking about tonight, which is just bringing 
some common sense to this.
  What is the problem we really want to solve? Give us the most 
flexibility and the most options to deal with this after the fact.
  Again, before regulations like this should be implemented, I believe 
we need to have a vote of Congress. Let the will of the people be made 
known in this rather than just simply giving away another set of our 
liberties without asking that question when, in fact, it comes at a 
significant cost. I think if our taxpayers who don't travel regularly 
understood the amount of money that we spend on hardware, which can 
still be penetrated by some type of a serious threat that was just 
outside that set of assumptions in TSA, we'd be in a different world.
  This doesn't impugn the motivation of the folks in the Transportation 
Security Agency. I know there is an ongoing argument below the senior 
management levels of what works and what doesn't work, and it is by 
those who have lived in that world. They've lived in a high-threat 
environment and have been able to thrive.
  I believe we can do that; but again, let's come back to these 
constitutional underpinnings that regulations and rules that are going 
to govern the lives, the comings and goings and the commerce of all 
Americans should be decided here in House of Representatives, over in 
the Senate, and then signed by the President and not brought into being 
on the unilateral decision of one individual.
  Mr. CARTER. Reclaiming my time for a moment, this morning, in an 
airport, as I was coming to Washington, I was on one of the earliest 
flights going out of Austin, Texas. We're a midsized city, and I've 
never seen so many lines in my life. I mean, they were a good half mile 
long. They were back and forth and back and forth. All I could think 
was that I got there early enough that, by the time I got through, I 
could just sit and watch the rest of those lines build up. They built 
up, built up, built up. It was unbelievable.

                              {time}  1950

  A guy sitting next to me said, well, there are going to be a lot of 
people missing their flights today, they're not going to make it--
because these were all the people, I guess, who were coming back from 
Thanksgiving and instead of flying on Sunday when the cost was more 
they waited until Monday to get a cheaper flight. Well, what is that 
going to do to the airline industry? They are going to have planes 
flying empty. They are going to have people demanding refunds. It's 
going to hurt the airline industry. Before we turn around, we're going 
to have somebody coming in here and saying, holy cow, TSA put together 
this regulation, and now we're causing all these airlines to get in 
serious financial problems and we're going to have to buy the airline 
industry like we bought the automobile industry. I think we should get 
out of that business. That's why this Congress, or somebody who must 
respond to the American people, needs to be involved. That is why I 
think putting teeth in the Congressional Review Act through the REINS 
Act is good.
  I will yield as much time as Mr. Westmoreland needs.
  Mr. WESTMORELAND. I thank the gentleman for yielding.
  I wanted to go back to the cement.
  Mr. CARTER. All right, let's go back to it.
  Mr. WESTMORELAND. Being an old builder that really spent my whole 
life in construction, there is a byproduct that comes from power plants 
that's called fly ash. Fly ash is a byproduct that comes out of the 
coal-burning plants and it is used in concrete. It keeps it from 
setting up so rapidly to allow the people to work with it, to get a 
good finish on it. It takes it longer to set up. In the winter, you can 
either put calcium in the concrete to make it dry harder--or to at 
least make it dry if it's cold outside--or you can leave the fly ash 
out of it and use a bag mix, which makes the concrete more expensive.
  The EPA came out with a rule--or they are looking at a rule that 
would make this fly ash a toxin. And so the cement industry, the 
concrete industry went to them and said, look, we are mixing this stuff 
with concrete. Once the concrete is poured, it's encased, it's part of 
the mix, it's concrete. So the EPA said, yeah, that makes sense, it's 
not there. But we are still having hearings--or at least from people 
that are trying to help with the rulemaking--about burying this because 
right now a lot of that fly ash or the stuff that has been taken out of 
the TVA where those power plants ran have been taken to Alabama and put 
in the ground and other sites, and they are trying to make a rule to 
make that a toxic material. Well, the concrete industry thought they 
had it all settled until the EPA came back and said, you know what? I 
wonder if you recycle that concrete--because right now everything is 
being recycled, I mean, we recycle asphalt, we recycle concrete, we 
even recycle dirt, we clean the dirt--and so they said if you recycle 
this concrete, then it's going to put the fly ash back in the air. So 
what are you going to do with it? I mean, are you going to just bury it 
all now and put it in the ground or are you going to use it in 
concrete? And if you recycle it, you are actually putting it to better 
use because you're putting it back in concrete. And so this is just 
another part of those stupid regulations.
  I come from the construction business, and I know that we, as the new 
majority that comes in in January, are going to do everything we can do 
to create jobs and we are going to work hard at it, but until we get 
the construction industry back on its feet, this economy is going to be 
very slow to turn around. We have got to put the building industry back 
on its feet. And doing things that the EPA is doing right now--and not 
only the EPA, but the Department of Labor with the new OSHA rules that 
are coming out, it is just all different types of things that are 
slowing down that building industry and slowing down our productivity 
that we have. Until that gets fixed, this economy is not going to 
recover like it can.
  So I just hope that we can get something done about this where these 
rules and these regs have to come back in front of us. Let us have 
hearings on them. At least let us give them an idea of what the 
legislative intent was and

[[Page 18163]]

also allow us to look at what these are and to vote on them because if 
we're going to get blamed for it, like you said, we might as well at 
least have a vote on it.
  But when the EPA itself says that these regulations could cost the 
cement industry $340 million a year and decrease the production in this 
country by 10 percent, in 2007 I guess it was, or whenever we had 
Katrina, we had a shortage of concrete, we had a shortage of cement. We 
actually couldn't import, there was a large import fee on it. We 
reduced that and started importing cement from Mexico just to make up 
for the difference because we had a shortage. And now, if they continue 
with the regulations they're continuing with, in 5 years we wouldn't 
have any more domestic cement, it would all be coming from foreign 
countries. And what does that do? They produce it without the same 
environmental regulations that we have. So the EPA is just defeating 
its purpose of trying to clean the air up when we're having to import 
all of our cement.
  The gentleman from Texas knows, we put our steel mills out of 
business, it cost thousands and thousands of jobs and money. If we put 
ourselves out of business in the cement industry, we are going to be 
totally reliant on our steel and our cement, two of the biggest 
components that we use in the construction of all of our facilities 
today.
  Mr. CARTER. Reclaiming my time, what you just described is part of 
the American frustration factor that is part of what has got Americans 
frustrated in this economy right now. It is the unknown. It is the what 
is the government going to do to me next that's out there that has got 
businessmen, job creators standing around, scratching their heads, then 
they hear this story.
  I want to tell you a story from my youth. I was working for the 
legislative counsel, and then when I left that job, I got hired as the 
attorney for the Ag Committee of the Texas House of Representatives. I 
will make this short, but it is a great story. The Federal Government 
passed a new meat-cutting law, and it was going to affect all these mom 
and pop sausage makers all over the State of Texas--at that time we had 
literally thousands of them. We were having hearings from these people 
complaining about what these new regulations were doing to them, and in 
comes two people from the Department of Corrections with a guy in a 
prison uniform. They put him on the stand in the Ag Committee and said, 
what are you here to testify about? And he said, me and my brother were 
the best sausage makers in east Texas, we were the best. And this 
fellow comes in our door one day and says, I'm from the Federal 
Government, I've got some new regulations. You're going to have to tear 
out all your equipment and buy new equipment. He said we went to the 
bank and we borrowed $25,000 because he said we made the best sausage 
in east Texas and we put it all in. Six months later that same fellow 
came through our door and said we've got new regulations, you've got to 
have a drain and a cement floor and you've got to have all stainless 
steel, so all that stuff has got to go. He said, me and my brother, we 
went down and borrowed another $50,000 from the bank and we redid all 
that. He said, about 1 year later that same fellow walked in the door 
and said, I've got bad news for you, so I shot the guy, and now I'm in 
prison for attempted manslaughter. That is a true story.
  Mr. WESTMORELAND. Now he's making sausage for the State of Texas.
  Mr. CARTER. That is how frustrating regulations can be.
  I yield to my friend, Mr. Davis.
  Mr. DAVIS of Kentucky. There are so many stories that we can think 
of, and it comes back to this issue of having context.
  A very successful entrepreneur who actually started working in a coal 
mine at the age of 15, who is a very successful industry executive, 
made a comment to me when I first got elected to Congress that he 
wished that no person could run a Federal agency or serve in the House 
or the Senate unless they created one job so that they would know what 
it was like to deal with the consequences of regulations.

                              {time}  2000

  We come back and qualify this. The overall intent of the founding of 
some of these agencies was a very good thing, but let's step away from 
the EPA for a moment--we'll come back there in just a second--but move 
over to education.
  We have some outstanding schools, blue ribbon schools in our region, 
and their increases in performance are not due to the mandates inside 
of the No Child Left Behind bill. In fact, I brought the Secretary of 
Education from the Bush administration, Dr. Margaret Spellings, to 
Kentucky in 2008. It took almost 9 months to get her there. Because I 
wanted her to be able to see as an educator--I'm the husband of a 
teacher and the father of a current school teacher--that the real key 
to success in education is not a regulatory mandate; it's again coming 
back to that context on the front lines.
  In this case, I took her to two schools, one urban school and one 
rural school that had gone through dramatic turnarounds and that were 
both near the top of their state in their performance. And in each case 
it was a Back to the Future story. Reestablishing parental visitation, 
empowering teachers to bring families that might have some challenges 
literally into the community. Packing food backpacks for the weekend to 
make sure that kids in tough circumstances--having been a kid in a 
tough circumstance growing up, I appreciate what teachers did for me at 
the time.
  And then we get down to the numbers. If we look at the impact of some 
of these regulations, when you have got an adequate performing or 
exceptionally well performing school system and then impose on that a 
mandate that requires a huge amount of paperwork and consumes hours of 
time, it detracts from the classroom. And then the promises under the 
Individuals with Disabilities in Education Act, which--the intent of 
the law is good but the implementation is awful because the promise of 
40 percent funding on an unfunded mandate in already strapped school 
systems, and the best--the average funding in Kentucky runs between 11 
and 13 percent of that 40 percent.
  So again, it's a tax by regulation that's imposed on local 
communities on an issue frankly I think should be controlled by the 
States and local communities.
  I'll give you another case in our district of a very successful young 
man from Lewis County, Kentucky. He ran in the current wave of activism 
of people wanting to make a difference. To get elected county judge 
executive of Lewis County, Kentucky. They are in tough economic times. 
His name is Tom Massie. He was a stellar student at Lewis County High 
School. He went to MIT. Got a graduate degree. He invented some 
remarkable robotics technologies. Was very successful in business, and 
came back home to invest in his county--not monetarily but to make a 
difference and turn it around.
  Energy is an issue not only in Texas and Kentucky. We're energy-
producing states. We help to run--in effect our States are part of the 
engine of this Nation to help lay that foundation in the base of the 
economy.
  Tom Massie came up with a brilliant idea that didn't involve coal or 
oil or nuclear power--all of which we should use and let the market 
work in this area--but he came up with an idea that would leverage the 
resources available in Lewis County because it has one of the longest 
stretches of the Ohio River of any county in Kentucky. We also have a 
lot of hills. You might call them mountains in Texas where you live. We 
call them hills and hollers where we're from.
  And this MIT-trained engineer had a brilliant idea. And he took the 
equivalent of a dual-faced pump--and he had seen some examples done in 
other parts of the world--that would create a system of two lakes, and 
we have the Ohio River flowing in the front of this, one of the largest 
rivers in the country. And all it would take is channeling water, 
pumping it up to a lake on the top of the hill and creating in effect a 
self-replenishing hydroelectric generating system that would meet the 
hydroelectric needs for a good part of

[[Page 18164]]

that multicounty area in addition to the current base.
  It would create jobs. It would provide low-cost utilities so working 
families and the elderly and the poor would have access to electricity. 
It would be cheap. It would be an incentive for businesses to grow and 
for manufacturing to come into these areas because we wouldn't just do 
it there, we would do it all through the river basins of our Nation.
  He found something out in his first impact with the regulatory 
framework that was done out of context. This brilliant idea that would 
have saved jobs and created jobs in Lewis County, Kentucky. He found 
out if they take water out of the Ohio River--which I must say is not 
one of the more pristine rivers of the country in terms of all of its 
accumulated detritus coming from the Allegheny and Monongahela, coming 
down from Pittsburgh to Cairo, Illinois--the water, it would be 
considered dirty by our standards. But if he takes water out of the 
river if they have overflow from rain and wants to put it back in, the 
whole project was killed on one basis: That any water put back into the 
river had to be cleaner than drinking water under the current EPA 
standards.
  This affects the energy industry. Coal produces almost 60 percent of 
power in this country. One of the issues is with stream mitigation and 
slurry runoff, which is a problem, but the operators of the coal mine 
who want to comply--and most do; they want to do the right thing. They 
also create jobs, and they create jobs that have an impact not simply 
in West Virginia, Kentucky, southern Ohio, in my part of the world. 
They also support jobs and manufacturing in New York and New Jersey and 
Pennsylvania because that electricity goes by wire to other parts of 
the country.
  That basically creates the same standpoint. If an operator wants to 
clean part of the creek, the standard actually is for water that's 
cleaner than the water that already exists with the wildlife population 
that already might be there. It creates kind of an impossible 
situation--a double bind for anybody who wants to do business.
  My request is, let's step back. Regulations like that need to be 
brought into context. And the place to do that is here. And I just 
appreciate you investing the time to make this difference, to bring 
this issue before the American people because it's a question of the--
the one saying I heard over and over through our election is we want to 
take back America. What's the taking back?
  Really what we're talking about is restoring a constitutional balance 
that will allow and assure that the elected representatives and 
senators of the people will ultimately be accountable for any decisions 
made by the executive branch.
  I appreciate a chance to participate in this debate and thank you for 
advocating so fiercely on this issue.
  Mr. CARTER. I'm glad you're here with me, and I hope you'll join me 
again because we're going to be talking about this a lot this year 
because it's something that matters to the American people. I encourage 
them to contact us if there are regulations that are of their lives 
that are driving them crazy because we want to talk about these things. 
And we need to get to work getting the teeth put in the previous act so 
we can actually get this accomplished and start fleecing out these, I 
would say, intrusive regulations that are costing us jobs when our job 
here today and every day until this country is back on its feet is to 
create jobs, not cost jobs.
  I think it's time for me to call it a night tonight. So we're going 
to rein this thing in. And I thank you for joining me tonight, Mr. 
Davis, and we will visit some more.
  I yield back the balance of my time.

                          ____________________




 REPORT ON RESOLUTION IN THE MATTER OF REPRESENTATIVE CHARLES B. RANGEL

  Ms. ZOE LOFGREN of California (during the Special Order of Mr. 
Carter), from the Committee on Standards of Official Conduct, submitted 
a privileged report (Rept. No. 111-661) on the resolution (H. Res. 
1737) in the matter of Representative Charles B. Rangel of New York, 
which was referred to the House Calendar and ordered to be printed.

                          ____________________




                    PIGFORD FARMS AND DISCRIMINATION

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Iowa (Mr. King) is recognized for 
60 minutes.
  Mr. KING of Iowa. Madam Speaker, it's my privilege to be recognized 
to address you here on the floor of the United States House of 
Representatives and to take up the issues that are on my mind and the 
issues that I hope are on the minds of the American people, the minds 
of the people who are the elected leaders here in the United States 
Congress, and hopefully on the minds of those of us who see this 
American taxpayer dollar as a pretty sacred dollar that should be 
invested wisely and responsibly.
  And there are any number of issues that can be brought up under that 
particular parameter. But I choose to come to the floor tonight, Madam 
Speaker, to talk to you about the situation of Pigford Farms.
  Pigford Farms is an issue that emerged here in the United States 
government around about and exactly on, began I'd say in 1983, in 1983 
when the United States Department of Agricultural civil rights office 
was closed. At that period of time, there wasn't an oversight 
department within the USDA that might have looked over the shoulders of 
our USDA employees to see if they were actually treating people equally 
with equal opportunity under the law, as I think everyone in this 
Congress will agree every American citizen deserves equal opportunity 
under the law. That's part of the 14th Amendment. We take an oath to 
uphold the Constitution that includes the 14th Amendment and equal 
protection under the law and provide for equal opportunity, not 
necessarily equality of result, but equality of opportunity.
  And so I suspect that that focus under the USDA diminished somewhat 
or at least didn't have a check on it from 1983 on. But with the 
Pigford Farms issue--and this is the largest civil rights class action 
lawsuit in the history of America, Pigford Farms.

                              {time}  2010

  It looms over the heads of the Members of Congress here to be not 
what it was just a few years ago, $1.05 billion, not what it was when 
the Farm Bill passed here on the floor of the House under the direction 
of the chairman of the Ag Committee, Collin Peterson of Minnesota, at 
an additional $100 million, which was designed to be the sum total that 
would ever be required to sweep up any of the remnants of Pigford 
Farms, this civil rights case, and package it all up and make sure that 
people were compensated and put it behind us. No, it has reared its 
ugly head again, Madam Speaker. It's reared its ugly head with an issue 
called Pigford II.
  It wasn't enough to have Pigford I. Pigford I, which emerged because 
I believe there was discrimination taking place within some of our USDA 
offices, particularly around the South, where the culture of 
segregation had prevailed beyond the end of the legal segregation that 
we had, and was still, I believe, in some of the offices manifested in 
the form of discrimination between the Farm Service Administration 
personnel. But that discrimination that then perhaps, and I think 
likely, and I believe did carry on through some of those years of the 
eighties, perhaps as far back as the seventies, but this case deals 
with the eighties, the eighties and the nineties.
  So Pigford Farms, the chronology of it goes this way, Madam Speaker. 
In 1983, the United States Department of Agriculture Civil Rights 
Office was closed. In 1994, and this would be under Bill Clinton's 
administration with Dan Glickman as the Secretary of Agriculture, 
commissioned an accounting firm or an analysis firm to analyze the 
treatment of minorities and women in the Farm Service agencies 
throughout the United States.

[[Page 18165]]

  The study examined the conditions from 1990 until 1995 and looked 
primarily at crop payments and disaster payment programs in Commodity 
Credit Corporations, that's CCC, loans. A final report found from 1990 
until 1995, minority participation in Farm Service Administration 
programs was very low, and that minorities received less than their 
fair share of USDA money for crop payments, disaster payments, and 
loans.
  Now, Madam Speaker, I am always suspicious of the ``their fair 
share.'' I know that the word ``fair'' comes up in law over and over 
again. It comes up in many, many pieces of case law, precedent cases 
out there. If one would read through that case law, you will see the 
word ``fair'' over and over again. You will hear the word ``fair'' 
debated here on the House of Representatives over and over again. And 
whenever I hear this word ``fair,'' didn't receive their fair share, I 
always cringe, because you know, we are a body that should be dealing 
with facts and empirical data. And the judgment should be on the facts, 
not the judgment of the facts.
  But the word ``fair'' is always in the mind and the eyes of the 
person who utters that word ``fair.'' And none of us can agree on what 
the meaning of the word is of the word ``fair.'' Didn't receive their 
fair share. Perhaps that's true. I actually believe it is true.
  But Marilyn and I have raised three sons. And anybody that's raised 
two or more kids knows there is no such thing as fair unless it's the 
State Fair or the World Fair or the County Fair or a fair ball or a 
foul ball versus fair. But this word ``fair'' that's a judgment call is 
an amorphous word. It could be anything. It could be within the context 
of what was fair in 1776 doesn't fit with what was fair in 1865, 
doesn't fit with what was fair in 1942, and not with what's fair in 
2010. It's subjective, not objective, the term ``fair.'' And I would 
like to get away from using the word ``fair.''
  But nonetheless, the data didn't support that African American 
farmers were engaged in the programs to a similar extent as non-African 
American farmers, what primarily would be white farmers. So that was 
the report from 1994. Two years later, actually the end of that year, 
1996, December of 1996, the Secretary of Agriculture Dan Glickman 
ordered a suspension of government foreclosures all the way across the 
country pending the outcome of an investigation into racial 
discrimination in the United States Department of Agriculture's agency 
loan program. And he later announced the appointment of a USDA Civil 
Rights Task Force.
  So under the Reagan administration the USDA Civil Rights Office was 
closed, 1983. Dan Glickman in 1996 reestablished a similar agency 
called the USDA Civil Rights Task Force. And in February of '97 that 
task force recommended 92 changes to address the racial bias that 
existed, I believe, and to the extent is negotiable or debatable as 
part of the USDA Civil Rights Action Plan. And while the action plan 
acknowledged past problems and offered solutions for the future 
improvements, it did not satisfy those seeking redress of past wrongs 
and compensation for losses suffered.
  So there was a move that was made to try to alleviate the allegations 
of racial discrimination within the USDA. Dan Glickman stepped forward 
in 1996 and announced the formation of the Civil Rights Task Force. 
That press conference in December of 1996, Madam Speaker, was 
essentially the confession by the Department of Agriculture that they 
had engaged in racial discrimination with farm programs, crop payments, 
disaster payments, and loans. And this started then the litigation that 
was at least anticipated at the time. And this litigation began in 
1997.
  So in February, February 28 of '97, the Civil Rights Task Force of 
the USDA recommended 92 changes. And those changes were not 
implemented. And so in 1997, same year, the litigation against the U.S. 
Department of Agriculture for discrimination against African American 
farmers began in August of '97. Two cases. One was brought by Timothy 
Pigford, Pigford v. Glickman. The other one was Brewington v. Glickman. 
And it dealt with the farmers from 1983 until 1997, when they applied 
for Federal financial help, and again by failing to investigate 
allegations of discrimination, the allegations of discrimination were 
not aggressively investigated, and those who applied for financial help 
often didn't get it.
  But Madam Speaker, I remember those years. I remember what they were 
like for white farmers in my neighborhood. I remember what they were 
like for me. And I did business with the Farm Service Administration in 
some of those years that are included in these that I have noted. And I 
would remind the body, and yourself included, Madam Speaker, that we 
had a farm crisis throughout the eighties. I remember what that was 
like.
  I can remember a booming economy in 1979, where we had more work than 
we could do. I was doing custom work on farms, terraces, dams, 
waterways, cleaning out cattle yards, shaping up, trying to improve 
upon what Mother Nature gave us. And in 1979, we were already watching 
the consolidation of farms. We were watching family farms that people 
were being pushed off their land, they were losing their farms, they 
were selling their farms. The bid was so high sometimes that they 
couldn't afford not to sell. Other times they didn't have the equity to 
be able to stand and refuse an offer. And I lived right on the line 
between that good land that runs out flat all the way up to Canada 
versus from where I live it starts running hilly all the way down 
through Missouri into Arkansas until you get down to the rice country 
in Louisiana before it flattens out. Right there on that line.
  Good land, good producers to the north, they had more money and more 
equity in their land. It appreciated more because it produced more. And 
they could afford to buy that land from where I lived south in the 
hills and pay a pretty good price for it and fix it up. While that was 
going on was the beginning of the downward spiral of the farm crisis. 
And there was farm family after farm family.
  And I remember the people, I remember the families, I remember their 
kids, I remember them walking the long lane to get out and get on the 
bus. And I remember the days that they moved to town or moved off to a 
city or to another State and the neighbors bought the farm and hired me 
or others to come in and burn the buildings and bury them and put it 
back to farmland. Family after family after family.
  In 1979, very, very busy. In 1980, we were now down really into the 
meat of the farm crisis. And that went on, '79, 1980, '81, '82, '83, 
'84, '85. I, Madam Speaker, lived for 3\1/2\ years with a knot in my 
gut, not knowing if we were going to be able to make it, not knowing if 
I was going to be able to feed the kids. And on April 26, on Friday 
afternoon, at 3:00 o'clock in the afternoon, the FDIC, the Federal 
Deposit Insurance Corporation, and the Iowa Highway Patrol pulled into 
my bank.

                              {time}  2020

  They locked the doors on the bank and stood a guard in front of that 
door with a red sticker on the door and it said, Banks closed by order 
of the FDIC.
  There I was. I actually had two pennies in my pocket to rub together, 
two pennies only, a payroll to meet with my crew. My accounts were 
frozen and so were the accounts of most of my customers. We had a lot 
of farmers go out of business throughout the whole decade of the 1980s, 
Madam Speaker. A lot of them were white farmers. A lot of them didn't 
have a recourse. A lot of them would have liked to have had a loan from 
the USDA. A lot of them would have had liked to have had some program 
benefits. A lot of them would have liked to have made what they would 
have considered to be a more fair shake from the board of the Farm 
Service Administration.
  There were very tough decisions made throughout that entire decade. I 
remember how difficult it was to be holding some assets, equipment, a 
little bit of land, and watching as my customers couldn't pay me. And 
when they couldn't pay me, it was awfully hard for me to pay the people 
that had provided credit for me.

[[Page 18166]]

  The downward spiral of that, as you see land values going down, 
equipment values going down, the assets even of accounts receivable 
going down, looking for a way out, you can't get out of a downward 
spiral. I watched it crush good men. I watched people whose entire 
identity was wrapped up in the farm that had been homesteaded by their 
ancestors. Some of them could hold it, but it ruined them. Others 
couldn't hold it, and they forever carried the guilt of that.
  And this farm crisis era of the 1980s is part of the Pigford Farms 
issue. It's not something that can be divorced from it. And so I am 
convinced that there were many black farmers that lost their farms 
during the 1980s when the farm crisis was in a downward spiral. There 
were many black farmers that believed that they should have had a loan 
program or a commodity program, a disaster payment that they didn't 
get, that they believed they were discriminated against by the board of 
the Farm Service Administration, which, by the way, is elected by all 
the people that are participating in the farm programs in the county. I 
don't have any doubt they believe they were discriminated against. In 
fact, I don't doubt some of them were discriminated against. And 
probably in one way or another all of them that didn't get the program 
they asked for were discriminated against in one way or another. I 
don't believe they were all discriminated against on if basis of their 
race, although some, I believe, were.
  That's the scenario of the farm crisis in the 1980s. That's the 
scenario by which the issue was raised and the civil rights class 
action lawsuit was brought forward against the USDA, that 1997 
litigation that brought about the Pigford v. Glickman case and the 
Brewington v. Glickman case that covered those years of 1983 until 
1997.
  Then in mid-November of 1997 the government agreed to mediation and 
to explore a settlement in Pigford. In the next month in December the 
parties agreed to stay the course for 6 months while mediation was 
pursued and settlement discussions took place. But the USDA had 
acknowledged past discrimination, and the Justice Department opposed 
blanket mediation, so they argued that the case had to be investigated 
separately. I would agree with that from a legal standpoint.
  But a year later, a little less, October of 1998, the Court issued a 
ruling that certified as a class black farmers who filed discrimination 
complaints against the USDA for the period of time between 1983 and 
February 21 of 1997. And then, in April of 1999, the Court approved 
this consent decree.
  This is Pigford I, and they set forth a revised settlement agreement 
of all claims raised by the class members that reviewed the claims. And 
that began almost immediately and the initial disbursement of checks to 
qualifying farmers began on November 9, 1999.
  Now, this is where some of the rest of the USDA employees came in. To 
summarize this, Madam Speaker, it works like this. Ronald Reagan's 
administration shut down their USDA Civil Rights Office and, under Bill 
Clinton, they started a similar entity back up again. In 1994, 2 years 
later, Dan Glickman, the Secretary of Agriculture, essentially 
confessed that the USDA had been discriminating against black farmers. 
So he appointed a company to do an analysis of it and, over time, it 
devolved into the courts declaring that the black farmers that had 
filed the complaints were a class, a class that could be dealt with by 
the courts to try to get them some compensation.
  And so Pigford I was born and it resulted in $1.05 billion being 
distributed--now there was a couple hundred million of administrative 
costs that I believe are in addition to that and not part of that 
accounting--but roughly $1.05 billion was distributed to farmers who, 
well, let me say this, African Americans who filed claims. And, in 
order to administer all of these claims, this massive number, over 
22,000 claims, it was required of the USDA to expedite this to call 
from across the country their FSA county directors, Farm Service 
Administration county directors, to come to Washington D.C. to 
administer these claims, to plow through these piles of paperwork.
  And so they did. And they came from many of the States and certainly 
they come from Iowa, we are a farm State after all. And as the FSA 
directors and other personnel arrived here in Washington, D.C. and 
began to dig down through this paperwork, working with a lot of it by 
certifying it as a paperwork application and others face-to-face or 
over the telephone with the claimants.
  Here is what came back to me. One of those individuals, and I have 
had anecdotes from several, but one of those individuals felt the 
burden of the corruption and the fraudulent claims that were coming 
forward in front of him, that he copied a box of applications, and a 
literal box of applications, which I am really sure that would not have 
been very constructive to him maintaining his job with the USDA.
  But it bothered his conscience so much, and when he came back to 
Iowa, he wanted to make it a point to make sure that I knew that these 
applications that he was dealing with were, he believed were a minimum 
of 75 percent fraudulent, 75 percent fraudulent. Now if you just apply 
that to the $1.05 billion in claims that were paid out, if he is right 
in that number, $750 million were wasted paying people that didn't have 
it coming, 250 or so million dollars perhaps went to those that did 
have a claim that had it coming.
  And these applications are quite interesting to read through them one 
after another, take the stack and read through them. And you will see 
that there also were copies of complaints that were filed about 
fraudulent claims. And the fraudulent claims might be, well, Johnny, 
yeah, he was raised on a farm but he wouldn't help his daddy. He went 
off to the city and became a drug addict. And when his daddy needed the 
help, Johnny wouldn't come and help his daddy. But now his daddy has 
died and Johnny wants the $50,000 that comes from the USDA under this 
claim.
  Pigford I was set up to do this, to pay out claims to people who 
met--I believe it's four criteria, and I will see, Madam Speaker, if I 
can remember them--people that were black, people that farmed or people 
that wanted to farm, those who believed they were discriminated against 
by the people within the FSA office, Farm Service Administration office 
within the counties, and those who also issued a complaint, filed a 
complaint in one of the criteria that's allowed under Pigford I.
  This would mean that if there is an individual that, if you were 
back, and you wanted to farm, and you wanted to apply for a farm 
program, and you believed that they would not treat you fairly because 
of your skin color, and you complained about it to the proper 
authorities, that's all that's required. You didn't have to be a 
farmer. There actually wasn't a verification that you would be black 
either, but let's just presume that's the case.
  So if you are an African American, and you didn't have to farm or 
ever farm or even know what a farm looked like, you just had to want to 
farm. You didn't have to know where the Farm Service Administration 
was, you just had to have complained that they weren't going to treat 
you right and get somebody to sign an affidavit that says that, yep, 
Joe complained about it to the Farm Service Administration employee at 
a public meeting somewhere, or a Member of Congress or there are a 
couple of other criteria there.
  And if Joe and Tom can agree to sign each other's affidavit, that's 
all the proof that's required. It's not proof of discrimination. It's 
an allegation that you believe you were discriminated against.

                              {time}  2030

  What comes out of the USDA? In Pigford I is this, and I read through 
form after form of these, if you are black and farmed or wanted to farm 
and you believed you were discriminated against and you were willing to 
say so on the application and you allege that you complained, even 
verbally, to an FSA employee, a Member of Congress, a couple other 
criteria, and if somebody else will attest in an

[[Page 18167]]

affidavit that you have actually filed that complaint, that's it. There 
is no check on whether they have been discriminated against. The 
consent decree doesn't allow for verification of discrimination. It 
just simply pays out what they consider to be a legitimate allegation 
of discrimination this way, an allegation of discrimination that meets 
those four criteria with someone who signed the affidavit, $50,000 
essentially automatic, $50,000 and because of the tax liability that 
comes with it, there's another $12,500, Madam Speaker, that check gets 
cut to the IRS so that that there's not a tax liability. And if you 
actually happen to be a farmer and you had engaged in programs with the 
USDA Farm Service Administration and you say you had farm loans, 
program loans, a 100 percent debt forgiveness was automatic that went 
along with the $50,000 payment, and another 25 percent of that, an 
additional 25 percent of the debt forgiveness was a check that was also 
written to the IRS so that the tax liability would be gone.
  And Judge Paul Friedman, who approved this consent decree, wrote in 
his opinion that the average settlement would not be $50,000, it would 
be $187,500 because a $50,000 check for the discrimination, or alleged 
discrimination, $12,500, or an additional 25 percent to the IRS, plus 
Judge Friedman concluded in his calculation that the average debt to 
the USDA was $100,000, that's forgiven along with another $25,000 check 
for 25 percent of the debt forgiveness to the IRS. So you add those 
numbers up--50, 1,250, 100,000, $187,000 was supposedly to be the 
average settlement in Pigford I. This all out of the pockets of the 
taxpayers, all without a shred of proof, just--well, I guess you could 
say a shred of proof because the signature on the affidavit from Joe's 
buddy Tom is the proof, that affidavit, and, yes, the application is 
filled out by the staff of a lawyer.
  Well, this door was opened up in a huge yawning way. And the lawyers 
went to work to begin to promote this across the South, black churches, 
town hall meetings, fish fries, they promoted it as your 40 acres and a 
mule. That seems a little bit appalling, and it sounds perhaps like 
it's a stretch, Madam Speaker, but in reading Judge Paul Friedman's 
decision, it starts out with these words, and I quote, the very first 
words in Judge Paul Friedman's decision, and I quote, ``40 acres and a 
mule.'' Forty acres and a mule.
  And he goes on to lament that all of the wrongs of slavery and 
segregation cannot be corrected in the largest civil rights class 
action suit and settlement in the history of America. But he sets about 
to try. And that's how he comes with the $50,000 plus the tax component 
of it and the $100,000 average debt waiver plus the $25,000 in IRS tax 
liability.
  He also addresses the issue of some of the groups in the black 
farmers wanted to have an exemption from the inheritance tax, the 
estate tax, because they believed that the money that would come from 
Pigford would be a large enough sum that they wouldn't want to pay 
estate tax on that when they died and passed it along to the next 
generation. Judge Friedman, I guess that would be one part of the good 
judgment, concluded that that was a bridge too far. It was too much to 
ask for. And so, Pigford I was supposedly settled and resolved.
  And before the House Judiciary Committee there was a new bill 
introduced for Pigford II by Bobby Scott of Virginia and others, and 
this would be the companion, although it may not be exactly verbatim, 
but essentially at least the de facto companion to the bill that was 
introduced by then United States Senator Barack Obama.
  Now figure this out, Madam Speaker. We have a very, very urban 
Senator, Barack Obama, who has decided he is going to run for 
President. And what does he do? He introduces legislation to create a 
whole new Pigford claim. Pigford I should have been settled. That's 
what the courts decided to do. Why would there be an action of a court? 
Why would there be a consent decree that essentially was a handshake 
signed off on by Dan Glickman and, well, true it was Dan Glickman and 
the black farmers organization, the Clinton administration, why would 
they sign off on all of that if it didn't end the Pigford issue? Yes, 
it was designed to end the Pigford claim. It was designed to package it 
up and put it behind us and move on.
  But it didn't work that way because Barack Obama introduced--there 
was a statute of limitations by the way. And the statute of limitations 
from the opening up of Pigford I until it closed, the consent decree 
was approved in April 14 of 1999, and they had 6 months to file all of 
their claims, which would have settled that in October, I've got 
October 12 of 1999, and there were over 22,000 that claimed they had 
been discriminated against and that they had complained about it, and 
they got in line for the $50,000, plus the debt forgiveness, plus the 
tax liability being paid up front along with the rest, to over 22,000 
almost 22,500 claims. And there must have been some paperwork glitches 
along the way, because over 14,000 of those were paid out, and that's 
the $1.05 billion, Madam Speaker.
  To pass this statute of limitations, the effort on the part of Barack 
Obama and Bobby Scott from Virginia here in this House whom I serve 
with, and they introduced legislation to open up Pigford again, to 
disregard the statute of limitations and allow for a new sign-up period 
because they had accumulated some 74,000, maybe only 72, but 74,000 new 
names of black farmers who believed they were discriminated against who 
were shut out of that process on Columbus Day in 1999.
  So we had hearings. They had a hearing on the bill in the House 
Judiciary Committee. And the hearing went along about like this, John 
Boyd, the president of the black farmers organization, which was formed 
to move forward and collect on Pigford, testified under oath before the 
House Judiciary Committee that there are 18,000 black farmers.
  Now, if you are listening, Madam Speaker, you will have already added 
up that there are 94,000 claims, if you are listening, Madam Speaker, 
94,000 claims. That would be 22,000 plus 72,000, 94,000 claims. John 
Boyd, the head of this, who has driven a tractor around Washington, 
D.C. and filed his claims and made this a high priority public issue, 
testified there were 18,000 black farmers. So how is it even if one 
would concede the point--and I do not for an instant, Madam Speaker, 
even when we concede the point that every black farmer was 
discriminated against, that would be 18,000 claims, not 94,000 claims. 
One could go back through the records and try to find the time we had 
the highest population of black farmers in modern record history, and 
we were able to go back into the 1970s and through some convoluted 
rationale put together some numbers that might justify twice that many, 
as high as 36,000. But John Boyd's under oath testimony was 18,000 
black farmers, 94,000 claims.
  How does that work? When I asked him the question under oath, he 
said, we have brothers, we have family who maybe they never saw the 
farm, maybe they moved off to the city, but they have a share. They 
have been discriminated against, too. Well, it seems to me to be a 
great big stretch, Madam Speaker, that we could have 18,000 black 
farmers and 94,000 claims.
  And nobody that is advocating for the funding for Pigford can get 
around this, they can't get their brain around this concept that how 
would it be that 100 percent of the black farmers were discriminated 
against?

                              {time}  2040

  The data that I have seen that shows the percentage of the 
populations in each of the counties where there were Pigford claims, 
the percentage of African Americans in those counties, the percentage 
of claims is directly proportional to the black population in those 
counties. Now, Madam Speaker, think about that. If the percentage of 
claims reflected the discrimination, then wouldn't it be that there 
would be a variance in that relationship between the black population 
and the black farmers, for one thing? You are not always going to have 
an equal between the black population and the black farmers. That is 
not going to be the same county to county. Some counties there is a 
higher percentage of farmers to black population, and some there would 
be less, but also, an equal distribution of claims for discrimination.

[[Page 18168]]

Madam Speaker, I can't seem to reconcile this idea that if you look at 
the data, the data would show that the discrimination was equal county 
by county by county in nearly every county all the way across the land 
in proportion to the black population. How could that possibly be? And 
I will say it can't possibly be because I know something about the 
culture within the FSA offices, Farm Service Administration offices. I 
dealt with them on a regular basis for nearly 30 years. Here is what I 
know:
  Each office, a county office, has its own culture. The culture of 
that office is sometimes shaped by the career employees that work 
behind the counter. A lot of times they are farmers' wives. They know 
nearly every farmer in the county. They know their land. They know what 
kind of crops they raise. They know their personalities, their 
idiosyncrasies, and they know how to take care of them and how to 
process them. And the director, the county director, is hired by the 
county board. The county board is elected by the people who participate 
in the farm programs in the county. So it is very much a reflection of 
the county.
  Now, it could well be, and I wouldn't take issue with a statement 
that there likely were counties that discriminated against black 
farmers as a matter of practice. I actually think that happened. But I 
don't believe that it happened in equal proportion in every county 
where there were black farmers, which is what the data, what the data 
would indicate.
  I believe that there could have been counties that discriminated 
against every black farmer in that county. And we know there are 
counties that had all black staff. It is hard to believe that they 
would have discriminated against every black farmer. And I am convinced 
there were counties that had county directors and staff people behind 
the counter where the culture there would not tolerate discrimination 
in any way, shape, or form. In fact, I believe, of all of these 
hundreds of counties that were involved, probably there is a full 
spectrum of culture within each of those counties. But there is no way 
I can accept the idea that they all discriminated equally county to 
county across the board. There is no way I can accept that because the 
cultures of these counties changed.
  But I will and I can get my mind around the idea that if you get 
enough lawyers that understand that there is a nice contingency fee for 
doing a little bit of work, that they can go out and promote the idea 
of every African American that they can convince that will fill out the 
forms that may have some form of a complaint or willing to file one 
without actually having a complaint, that they could gin this thing up, 
and we have the data that supports the idea that they did.
  So what we have is Pigford II, a Pigford II set up, Madam Speaker, at 
least by the words of our Secretary of Agriculture, Tom Vilsack, by the 
2008 farm bill. So when he told me that I had voted for legislation 
that directed him to sit down with Eric Holder and John Boyd and 
negotiate a settlement for opening up Pigford a second time in a 
settlement, it was a pretty shocking thing for me to hear. I wasn't 
aware that I had been complicit in facilitating what I consider to be a 
high percentage of billions of dollars worth of fraud here in the 
United States.
  So I went back and I read the bill. I remember the discussion we had 
on the way in here with the chairman of the Agriculture Committee, 
Collin Peterson, when they slipped in at the last minute a hundred 
million dollar provision in the 2008 farm bill that was designed, it 
was designed to fund Pigford II. Now, remember, Pigford I was done. It 
was packaged up. It had a limitation equivalent to a statute of 
limitation, a closing date, which was October 12, 1999. There were 
those who said that they missed their chance to sign up. They thought 
there was 70,000-some out there who would do that. Bobby Scott and 
others introduced legislation in the House; it didn't go anywhere. 
Barack Obama, down this hallway, introduced legislation in the United 
States Senate; it didn't go anywhere. Congress never acted on a willful 
means to open up Pigford II. It didn't happen. Congress didn't act. 
Congress didn't appropriate. Congress didn't authorize. Congress 
accepted the consent decree that closed the filing October 12 of 1999. 
Even though Congress didn't act, not the House, not the Senate, it 
still was not enough to say no to some of the people who wanted to see 
this happen.
  The chairman of the House Ag Committee, Collin Peterson, said $100 
million will close up Pigford. We need to have that provision in the 
farm bill. I argued that was a placeholder for $1.3 billion. He argued 
back that I was completely wrong; $100 million would settle the account 
and be done with it. Now, $100 million is not loose change, Madam 
Speaker. It is a lot of money, but it is a whole lot less than $1.3 
billion, which I alleged would be the cost of him providing this 
placeholder in the 2008 farm bill. We sharply disagreed on that.
  And now I will read from the 2008 farm bill, Madam Speaker, what went 
into that bill, and this is the language that the Secretary of 
Agriculture says authorizes him to sit down with Eric Holder, the 
Attorney General, John Boyd, the head of the black farmers, and open up 
Pigford II for another $1.15 billion.
  The limitation under Pigford--and this is the 2008 farm bill, H.R. 
2419 for those who are paying attention, limitation--in general and 
subject to paragraph 2, all payments of debt relief shall be made 
exclusively from funds made available under this subsection. This 
subsection right here, Madam Speaker, item number 2, maximum amount. 
The total amount of payments and debt relief pursuant to actions 
commenced under section B shall not exceed $100 million.
  That is consistent with what the chairman of the Ag Committee told 
me: $100 million will cap the United States Government's liability to 
black farmers for discrimination by adding an additional $100 million 
to the previous $1.15 billion that had already been distributed, to 
clean up anything left out there, and here is the language that says 
so. This is intent language. It says it is the intent of Congress as to 
remedial nature of section, it is the intent of Congress that this 
section be liberally construed so as to effectuate its remedial purpose 
of giving a full determination on the merits of each Pigford claim 
previously denied that determination.
  That means if anybody was denied a determination, even by a statute 
of limitation that closed this on October 12, 1999, that this $100 
million was to be the sum total that would be used to settle this 
issue.
  The Secretary of Agriculture says this language gives him license to 
sit down with Eric Holder and John Boyd and put the American people in 
debt, because this is debt for another $1.15 billion, without having 
any proof of discrimination.
  Madam Speaker, I read this language and I point this out because that 
is why this chart is here. Subject paragraph 2: All payment or debt 
relief shall be made exclusively from funds made available under 
subsection (i). Maximum amount, $100 million. That is what was in the 
farm bill of 2008. That is what was represented to me by the chairman 
of the Ag Committee, by Chairman Peterson from Minnesota, who argued 
with me vociferously that I was wrong, that it wouldn't be $1.3 
billion; it would be $100 million.
  Now, Madam Speaker, I point out that we are looking tomorrow or the 
next day at $1.15 billion coming at us down the pipe through the Rules 
Committee, no amendments allowed, although I have got one up there in a 
request, but it is not going to be allowed. They have already told me, 
You're wasting paper and staff time. $100 million plus $1.15 billion is 
$1.25 billion.

                              {time}  2050

  My number was $1.3 billion, a lot closer than this $100 million 
here--a placeholder that opened the door. We have bureaucrats, Cabinet 
members, the Secretary of Agriculture, and the Attorney General of the 
United States that take it upon themselves to read license in this 
language to put the American people in further debt to a tune of

[[Page 18169]]

$1.15 billion and open this door up so that people that allege they 
believe they were discriminated against and allege that they filed a 
claim and have some friend that will sign an affidavit, will get a 
$50,000 check, and the IRS gets the tax liability of $12,500 on top of 
that. And by the way, if they have any USDA FSA debt, that is all 
forgiven, and the taxes are paid on it, and they are unhappy because 
they don't get a State tax waiver on these particular assets. This is 
what's happening.
  We've got to stand up at some point and say we're not going to pay 
slavery reparations in the United States Congress. That war has been 
fought. That was over a century ago. That debt was paid for in blood--
it was paid for in the blood of a lot of Yankees especially--and there 
are no reparations for the blood that paid for the sin of slavery. No 
one is filing that claim. They're just filing claims because they think 
they can get away with it and because they believe they understand, 
probably appropriately, that not a lot of Members of Congress want to 
stand and fight that battle. Well, it's a matter of justice and equity. 
It's a matter of needing to look into this and of needing to bring the 
facts out.
  Madam Speaker, I want to make sure that the Members of this Congress 
know what they will be voting on tomorrow. I will be voting ``no.'' I 
will be voting ``no'' because there is no justice in this decision. 
This is something of which there is no court decision that enables it. 
There is no legal authorization that provides for it. There is no 
directive from Congress that directs the Secretary of Agriculture or 
the Attorney General to enter into any kind of an agreement. There is 
no court agreement. The court hasn't approved this. They sat around a 
table, wrote up a document and apparently shook hands. I don't even 
know if they shook hands.
  This document said that if Congress authorized or appropriated the 
money by March 31 of 2010, then they would have an agreement that would 
bind the black farmers and, if that day went by, then they wouldn't be 
bound. That's what has happened. If government can sit down and decide 
to pay reparations with money borrowed from the Chinese, this 
government is still in free fall. We've got to fix it, and we've got to 
arrest it.
  One of the people who is here to arrest the free fall in the United 
States Congress is my good friend, the gentlelady from Minnesota, who 
can withstand anything they throw at her, Michele Bachmann, to whom I 
would yield as much time as she may consume.
  Mrs. BACHMANN. I want to thank the gentleman from Iowa, Steve King.
  It was some months ago when Steve King had first told me about the 
situation with Pigford. He has been investigating and looking into this 
matter for probably about 3 years now. He is very interestingly 
situated by having a seat on both the Judiciary Committee and the 
Agriculture Committee, and both of those committees have something to 
do with this case.
  I want to go back to basics for just a moment, if I can, because, as 
Congressman King was giving me details about this case, on every level, 
it just didn't add up. He had talked a little bit about the reparations 
angle, and that, of course, was an opinion that was written by Judge 
Friedman in the very first class certification case with Pigford, 
Pigford I. That was about $1 billion of tax money that went out to the 
claimants.
  This is now a situation called Pigford II. As Congressman King 
rightly said, there is no judgment. This is simply something negotiated 
around a table with, I believe, Attorney General Eric Holder and, I 
believe, with Tom Vilsack, Ag Secretary. They got together and came up 
with an agreement. They came up with this settlement, but here is part 
of the problem.
  I am a former Federal tax litigation attorney, Madam Speaker. In that 
capacity, when I was working as a Federal tax lawyer, we had to refer 
to something as our standard of measurement. We would use the Bureau of 
Labor Statistics. Well, according to the Bureau of Labor Statistics, in 
the years in question, the maximum number of black farmers in the 
entire period for which we were talking about giving people money for 
alleged discrimination claims was about 33,000 black farmers. Now, 
there is dispute that even that number is egregiously high, 33,000. 
Well, in the Pigford I settlement, there has already been $1 billion 
that has been paid out. The estimate is something like 15,000 to 18,000 
claims that have already been paid out.
  So here is the situation: Under Pigford II, we now have new claimants 
who have come to the fore who have said they want to have money, too. 
Well, just think. If the entire universe of black farmers is 33,000, 
today we have 94,000 claimants asking for money in order to be made 
whole.
  How does this make sense? If you have a total universe of 33,000 
black farmers, how can you possibly have 94,000 claimants?
  You'd have to presume that every black farmer in the United States 
applied for a loan to the U.S. Department of Agriculture. That's almost 
statistically impossible. Then you'd have to assume that every black 
farmer who applied for a loan qualified for that loan. That would also 
be a statistical improbability. Then you'd have to assume that every 
black farmer in the United States who applied for a loan was qualified 
and that they were turned down for their loans. As to every single 
black farmer, not one would have been given a loan. Then you'd have to 
presume that every single black farmer in the country applied for a 
loan, that they qualified and that they were turned down. Then you'd 
also have to assume that every one of them was turned down because they 
were discriminated against.
  This is unbelievable. Even if you believe all of that, we still have 
60,000 too many claimants than there were black farmers. The numbers 
just bespeak obvious fraud in this situation. So the taxpayers are 
supposed to pay out another $1.15 billion? It doesn't make sense.
  Remember, what we would have to talk about is that every black farmer 
in the United States would have had to apply for a loan and would have 
had to been turned down because of obvious discrimination.
  What's even more bizarre is that after all of this terrible 
discrimination that has been alleged, after the $1 billion that has 
been paid out and after the $1.15 billion that Speaker Pelosi wants to 
pay out this week--after all that and after all of this discrimination 
at the USDA, there isn't even one employee who has been fired, who has 
been suspended, who has paid a fine or who has been reprimanded. We 
can't find evidence of even one. In fact, just the opposite is true.
  There are whistleblowers who have come forward from the department 
who have been willing to testify privately that there is obvious fraud 
that's going on right now. So it really begs the question: Why have the 
settlement? Why pay out 94,000 claimants when there is only a total 
universe of maybe 33,000 black farmers? Why is that? What's going on?
  In an article that just came out last week in the Associated Press, 
the reporter wrote that, once this claim is satisfied of $1.15 billion 
for Pigford II, the next claimants are already in the queue. They're 
the Hispanic farmers who allege they've been discriminated against, and 
they're the women farmers who allege they've been discriminated 
against. If that's the case, why is the United States Department of 
Agriculture even allowed to be in business anymore if they have this 
blatant level of bigotry and discrimination going on? Why haven't they 
been fired?
  I think what we need to have--and I believe that this is something in 
the future that Congress needs to do because it's certainly not 
happening today, Madam Speaker, under the headship of Speaker Nancy 
Pelosi. What we need to have is a very thorough review of every single 
claim that's going out the door, because these payments are going out 
in the form of $50,000 payments per claimant, tax free.

                              {time}  2100

  So not only do they not pay the taxes, we the taxpayers are paying 
the

[[Page 18170]]

taxes for the claimants. We're paying a payment of $12,500 to the IRS 
on behalf of each claimant. So the claimant will get $50,000 tax free, 
and we the taxpayers will even pay their tax bill for them. And what's 
worse, we will even wipe off the books any outstanding loans that they 
have on their farm property. Everybody's going to want to know where to 
go to sign up for this deal. Who wouldn't want to do that? You have 
farmers all across the country right now that are trying to make ends 
meet, and meanwhile they have to watch this spectacle go on at the 
USDA.
  Every single claimant needs to be fully investigated. Not one check 
should go out the door if it's not warranted. No one disagrees that if 
the USDA did something wrong and if they acted in a discriminatory 
manner, the people should be allowed to be made whole. Everyone agrees. 
But I would be the first person to stand on this floor of the House of 
Representatives and say if that is the case, then each of these USDA 
employees should be, at minimum--at minimum--written up in their 
personnel file, reprimanded, fined, and most likely fired if they're 
causing the taxpayers to have to pay out what would add up to be over 
$2 billion. We are here talking about, in these weeks, what can we do 
to cut the budget. I think this is the perfect place to start here in 
Pigford when we're paying out 94,000 claimants when there is a total 
universe of 33,000.
  I want to thank my dear colleague from Iowa, Representative Steve 
King, for being on this issue and dogging this issue for 3 years. And 
now here we are coming to the climax. We are about to see another $1.15 
billion about to go out the door, $1.15 billion that we don't have, 
which my colleague rightly said we will have to go to China and borrow 
and our children will have to get second and third jobs to pay back. 
This is just flat out wrong. Can we say it? Can we be gutsy enough on 
the floor of this House of Representatives to say this is pure and 
complete fraud that is about to be voted on this week. It's wrong, and 
it's got to stop.
  And I want to encourage any of my colleagues on either side of the 
aisle, vote ``no'' on this bill. I will be voting ``no.'' 
Representative King said he will be voting ``no'' because this will be 
a vote that I guarantee will haunt Members of Congress in the future if 
they vote ``yes'' because of the obvious fraud that will very soon be 
discovered and played out for the American people to see.
  I yield to my distinguished colleague from Iowa.
  Mr. KING of Iowa. Reclaiming my time and thanking the gentlelady from 
Minnesota for coming to the floor to add to this discussion, I happened 
to have clicked on YouTube on the Internet, I did a little search today 
because I wanted to see what I could find on Timothy Pigford, who is 
the lead plaintiff in Pigford Farms v. the USDA. It is a video of 
Timothy Pigford sitting there telling his story, but then he goes on to 
say that he's hopeful that, first, that they all get paid; second, that 
it lays the foundation so that the Hispanics, the Native Americans and 
the women farmers all get paid, too.
  So when I listen to that I think, what is the motive for this? Do you 
really believe that there isn't any place in America where people who 
are listed in his list of minorities get a fair shake? Not one place, 
not one county, not one FSA director, not one staff that sits behind 
the counter and says this is the right thing to do, we're going to 
treat everybody as if they're equal in our eyes just like we're all 
equal under the eyes of God? Doesn't that happen in one single county 
in America somewhere? They would deny it, Madam Speaker. They would 
deny that Americans can be nondiscriminating and understand this equal 
opportunity and equal justice under the law concept. And to have this 
kind of pressing that comes on from Timothy Pigford and a number of the 
other personalities involved here, this system--and there are a good 
number of African American farmers that filed their complaints, they 
complain that it has distorted their reputation. They may have a 
legitimate claim that wasn't settled adequately, and because this has 
been a full court press at all on, pushed by lawyers in bow ties from 
the Northeast and sold in the South and marketed as your 40 acres and a 
mule, this has damaged the legitimate black farmers.
  I can't think of a more honorable profession than raising food out of 
this soil. I can't think of a more honorable profession than sometimes 
bending over and getting dirty and being out in the weather--in all 
kinds of weather, the summer and winter, rain and storm, out there 
having your roots go into the soil. Nothing makes you more rooted to 
America than being rooted in the soil. And I applaud every farmer, 
black or white or Native American or women or Hispanics, whatever they 
might be. It's a hard way to make a living, but there is a certain 
honor and glory to it that can't be replicated anyplace else. It builds 
character and it builds honor, and they are being besmirched by this 
broader effort here.
  We need to say ``no'' tomorrow to the Pigford Farms funding that's 
coming, ``no'' because it wasn't authorized by the United States 
Congress. There wasn't even a head fake--to use something that might be 
the President's language--from Congress that said Secretary of 
Agriculture and the Attorney General, why don't you see if you can sit 
down with the head of the black farmers who formed the organization for 
the purposes of pressing the taxpayers for money--I don't think in the 
beginning he really thought we were going to borrow it all from the 
Chinese, but there is no directive on the part of Congress. Congress 
said, even though I disagreed with it, that $100 million would cap 
this, it puts an end to it, and anybody that didn't have their case 
resolved in Pigford I would be resolved here under the 2008 farm bill. 
But Tom Vilsack took license and sat down with Eric Holder, and they're 
poised tomorrow to stick the taxpayers for another $1.15 billion, Madam 
Speaker. And it's time the American people said enough. This election 
was about debt and deficit and jobs and the economy, and we have to 
have the will to say ``no'' and draw a bright line. And there isn't 
guilt on the part of this country that should cause us--it can't be 
assuaged anyway by borrowing money and paying out people that don't 
have it coming. We want to make sure we make those people whole who 
were discriminated against.
  I want to look into this deeply. I want to follow the money. I want 
to track and sort the applications, put them all on a big spreadsheet 
and see what the data indicates. And I think we will find that there is 
a massive amount of fraud. And we may lose this vote tomorrow, Madam 
Speaker, we may lose it. And if we lose this vote tomorrow, it still 
calls upon us to shed sunlight on this issue so the American people 
know what happened so that we don't do it again, so that we don't queue 
this up to go down the list of the other minorities--the Hispanics, the 
women, the Native Americans, and so on.
  So I come to speak of the Pigford Farms issue, which I am completely 
convinced has far more fraud in it than it has legitimate claims, and 
that the American people deserve equal justice under the law, and if 
they have a legitimate claim it should be able to withstand the 
scrutiny.
  I stand in opposition to the funding of Pigford II and the people 
that perpetrated it, Madam Speaker.
  I yield back the balance of my time.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Ms. Ginny Brown-Waite of Florida (at the request of Mr. Boehner) for 
today and November 30 on account of family medical reasons.
  Mr. Burton of Indiana (at the request of Mr. Boehner) for today on 
account of personal reasons.
  Mr. DeFazio (at the request of Mr. Hoyer) for today and the balance 
of the week.
  Mr. Gerlach (at the request of Mr. Boehner) for today on account of 
attending a funeral of a fallen soldier from his district.
  Ms. Kilpatrick of Michigan (at the request of Mr. Hoyer) for today.

[[Page 18171]]

  Mr. Wu (at the request of Mr. Hoyer) for today.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Ms. Woolsey) to revise and 
extend their remarks and include extraneous material:)
  Ms. Kaptur, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  (The following Members (at the request of Mr. Lincoln Diaz-Balart of 
Florida) to revise and extend their remarks and include extraneous 
material:)
  Mr. Jones, for 5 minutes, today, November 30, December 1, 2, 3, and 
6.
  Mr. Poe of Texas, for 5 minutes, today, November 30, December 1, 2, 
3, and 6.
  Mr. Garrett of New Jersey, for 5 minutes, today, November 30, 
December 1, 2, and 3.
  Mr. Burton of Indiana, for 5 minutes, today, November 30, December 1, 
2, and 3.
  Mr. Moran of Kansas, for 5 minutes, December 1, 2, 3, and 6.
  Mr. Lincoln Diaz-Balart of Florida, for 5 minutes, today, November 
30, December 1, 2, and 3.
  Ms. Ros-Lehtinen, for 5 minutes, today, November 30, December 1, 2, 
and 3.
  Mr. Graves of Georgia, for 5 minutes, today.

                          ____________________




            SENATE BILLS AND CONCURRENT RESOLUTIONS REFERRED

       Bills and concurrent resolutions of the Senate of the 
     following titles were taken from the Speaker's table and, 
     under the rule, referred as follows:

       S. 1609. An act to authorize a single fisheries cooperative 
     for the Bering Sea Aleutian Islands longline catcher 
     processor subsector, and for other purposes; to the Committee 
     on Natural Resources.
       S. 3650. An act to amend chapter 21 of title 5, United 
     States Code, to provide that fathers of certain permanently 
     disabled or deceased veterans shall be included with mothers 
     of such veterans as preference eligibles for treatment in the 
     civil service; to the Committee on Oversight and Government 
     Reform.
       S. Con. Res. 75. Concurrent Resolution authorizing the use 
     of the rotunda of the Capitol for an event marking the 50th 
     anniversary of the inaugural address of President John F. 
     Kennedy; to the Committee on House Administration.
       S. Con. Res. 76. Concurrent Resolution to recognize and 
     honor the commitment and sacrifices of military families of 
     the United States; to the Committee on Armed Services.

                          ____________________




                         ENROLLED BILLS SIGNED

  Lorraine C. Miller, Clerk of the House, reported and found truly 
enrolled bills of the House of the following titles, which were 
thereupon signed by the Speaker:

       H.R. 1722. An act to require the head of each executive 
     agency to establish and implement a policy under which 
     employees shall be authorized to telework, and for other 
     purposes.
       H.R. 5566. An act to amend title 18, United States Code, to 
     prohibit interstate commerce in animal crush videos, and for 
     other purposes.
       H.R. 5712. An act entitled the Physician Payment and 
     Therapy Relief Act of 2010.

                          ____________________




           SENATE ENROLLED BILLS AND JOINT RESOLUTION SIGNED

  The Speaker announced her signature to enrolled bills of the Senate 
of the following titles:

       S. 1376. An act to restore immunization and sibling age 
     exemptions for children adopted by United States citizens 
     under the Hague convention on Intercountry Adoption to allow 
     their admission into the United States.
       S. 3567. An act to designate the facility of the United 
     States Postal Service located at 100 Broadway in Lynbrook, 
     New York, as the ``Navy Corpsman Jeffrey L. Wiener Post 
     Office Building''.
       S. 3689. An act to clarify, improve, and correct the laws 
     relating to copyrights, and for other purposes.
       S. 3774. An act to extend the deadline for Social Services 
     Block Grant expenditures of supplemental funds appropriated 
     following disasters occurring in 2008.
       S.J. Res. 40. Appointing the day for the convening of the 
     first session of the One Hundred Twelfth Congress.

                          ____________________




                              ADJOURNMENT

  Mr. KING of Iowa. Madam Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 9 o'clock and 8 minutes 
p.m.), under its previous order, the House adjourned until tomorrow, 
Tuesday, November 30, 2010, at 10:30 a.m., for morning-hour debate.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 2 of rule XIV, executive communications were taken from 
the Speaker's table and referred as follows:

       10419. A letter from the Director, Regulatory Review Group, 
     Department of Agriculture, transmitting the Department's 
     ``Major'' final rule -- Biomass Crop Assistance Program (RIN: 
     0560-AH92) received November 16, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       10420. A letter from the Director, Program Development & 
     Regulatory Analysis, Rural Utilities Service, transmitting 
     the Department's final rule -- Specifications and Drawings 
     for Construction of Direct Buried Plant received October 25, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Agriculture.
       10421. A letter from the Acting Under Secretary, Department 
     of Defense, transmitting Selected Acquisition Reports (SARs) 
     for the September 2010 reporting period pursuant to section 
     2432, Title 10 United States Code; to the Committee on Armed 
     Services.
       10422. A letter from the Assistant to the Board, Federal 
     Reserve System, transmitting the System's ``Major'' final 
     rule -- Truth in Lending [Regulation Z; Docket No: R-1384] 
     received November 15, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       10423. A letter from the Assistant to the Board, Federal 
     Reserve System, transmitting the System's ``Major'' final 
     rule -- Electronic Fund Transfers [Regulation E; Docket No. 
     R-1377] received November 15, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       10424. A letter from the Secretary, Securities and Exchange 
     Commission, transmitting the Commission's ``Major'' final 
     rule -- Risk Management Controls for Brokers or Dealers with 
     Market Access [Release No.: 34-63241; File No.: S7-03-10] 
     (RIN: 3235-AK53) received November 15, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Financial Services.
       10425. A letter from the Secretary, Securities and Exchange 
     Commission, transmitting the Commission's ``Major'' final 
     rule -- Regulation SHO [Release No.: 34-63247; File No.: S7-
     08-09] (RIN: 3235-AK35) received November 15, 2010, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial 
     Services.
       10426. A letter from the Assistant General Counsel for 
     Regulatory Services, Office of the General Counsel, 
     Department of Education, transmitting the Department's 
     ``Major'' final rule -- Program Integrity Issues [Docket ID: 
     ED-2010-OPE-0004] (RIN: 1840-AD02) received November 15, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Education and Labor.
       10427. A letter from the Assistant General Counsel for 
     Regulatory Services, Office of the General Counsel, 
     Department of Education, transmitting the Department's final 
     rule -- Program Integrity: Gainful Employment -- New Programs 
     [Docket ID: ED-2010-OPE-0012] (RIN: 1840-AD04) received 
     November 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Education and Labor.
       10428. A letter from the Assistant General Counsel for 
     Regulatory Services, Office of the General Counsel, 
     Department of Education, transmitting the Department's final 
     rule -- Foreign Institutions-Federal Student Aid Programs 
     [Docket ID: ED-2010-OPE-0009] (RIN: 1840-AD03) received 
     November 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Education and Labor.
       10429. A letter from the Assistant Secretary, Employee 
     Benefits Security Administration, Department of Labor, 
     transmitting the Department's ``Major'' final rule -- 
     Fiduciary Requirements for Disclosure in Participant-Directed 
     Individual Account Plans (RIN: 1210-AB07) received November 
     15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Education and Labor.
       10430. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule -- State Systems Advance Planning Document (ADP) 
     Process (RIN: 0970-AC33) received October 28, 2010, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       10431. A letter from the Principal Deputy General Counsel, 
     Federal Energy Regulatory Commission, transmitting the 
     Commission's final rule -- Credit Reforms in Organized 
     Wholesale Electric Markets [Docket No.: RM10-13-000; Order 
     No. 741] received October 27, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.

[[Page 18172]]


       10432. A letter from the Assistant Secretary, Legislative 
     Affairs, Department of State, transmitting notification of an 
     Accountability Review Board to examine the facts and the 
     circumstances of the loss of life at a U.S. mission abroad 
     and to report and make recommendations, pursuant to 22 U.S.C. 
     4834(d)(1); to the Committee on Foreign Affairs.
       10433. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting Transmittal No. 10-49, 
     pursuant to the reporting requirements of Section 36(b)(1) of 
     the Arms Export Control Act, as amended; to the Committee on 
     Foreign Affairs.
       10434. A letter from the Acting Deputy Director, Defense 
     Security Cooperation Agency, transmitting Transmittal No. 10-
     24, pursuant to the reporting requirements of Section 
     36(b)(1) of the Arms Export Control Act, as amended; to the 
     Committee on Foreign Affairs.
       10435. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting Transmittal No. 10-0A, 
     pursuant to the reporting requirements of Section 36(b)(5)(C) 
     of the Arms Export Control Act, as amended; to the Committee 
     on Foreign Affairs.
       10436. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting Transmittal No. 10-38, 
     pursuant to the reporting requirements of Section 36(b)(1) of 
     the Arms Export Control Act, as amended; to the Committee on 
     Foreign Affairs.
       10437. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting Transmittal No. 10-50, 
     pursuant to the reporting requirements of Section 36(b)(1) of 
     the Arms Export Control Act, as amended; to the Committee on 
     Foreign Affairs.
       10438. A letter from the Assistant Secretary of State for 
     Political-Military Affairs, Department of State, transmitting 
     a report pursuant to Section 201 of Public Law 110-429; to 
     the Committee on Foreign Affairs.
       10439. A letter from the Inspector General, Department of 
     Transportation, transmitting the Semiannual Report of the 
     Office of Inspector General for the period ending March 31, 
     2010, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 
     5(b); to the Committee on Oversight and Government Reform.
       10440. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-564, 
     ``Randall School Disposition Restatement Temporary Act of 
     2010''; to the Committee on Oversight and Government Reform.
       10441. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-565, 
     ``Office of Cable Television Property Acquisition and Special 
     Purpose Revenue Reprogramming Temporary Act of 2010''; to the 
     Committee on Oversight and Government Reform.
       10442. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-566, 
     ``Automated Traffic Enforcement Fund Temporary Amendment Act 
     of 2010''; to the Committee on Oversight and Government 
     Reform.
       10443. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-567, 
     ``University of the District of Columbia Board of Trustees 
     Quorum and Contracting Reform Temporary Amendment Act of 
     2010''; to the Committee on Oversight and Government Reform.
       10444. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-568, 
     ``Budget Support Act Clarification and Technical Amendment 
     Temporary Amendment Act of 2010''; to the Committee on 
     Oversight and Government Reform.
       10445. A letter from the Chairman, Council of the District 
     of Columbia, transmitting Transmittal of D.C. ACT 18-594, 
     ``Expanding Access to Juvenile Records Amendment Act of 
     2010''; to the Committee on Oversight and Government Reform.
       10446. A letter from the District of Columbia Auditor, 
     Office of the District of Columbia Auditor, transmitting copy 
     of the report entitled ``Comparative Analysis of Actual Cash 
     Collections to the Revised Revenue Estimate Through the 3rd 
     Quarter of Fiscal Year 2009'', pursuant to D.C. Code section 
     47-117(d); to the Committee on Oversight and Government 
     Reform.
       10447. A letter from the District of Columbia Auditor, 
     Office of the District of Columbia Auditor, transmitting copy 
     of the report entitled ``Comparative Analysis of Actual Cash 
     Collections to the Revised Revenue Estimate Through the 4th 
     Quarter of Fiscal Year 2009'', pursuant to D.C. Code section 
     47-117(d); to the Committee on Oversight and Government 
     Reform.
       10448. A letter from the Acting Director, Office of 
     Financial Management, United States Capitol Police, 
     transmitting Statement Of Disbursements Of The U.S. Capitol 
     Police For The Period April 1, 2010 through September 30, 
     2010, pursuant to Public Law 109-55, section 1005; (H. Doc. 
     No. 111--155); to the Committee on House Administration and 
     ordered to be printed.
       10449. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Northeastern United States; Atlantic 
     Herring Fishery; Total Allowable Catch Harvested for 
     Management Area 1B [Docket No.: 0907301205-0289-02] (RIN: 
     0648-XZ00) received October 25, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Natural Resources.
       10450. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 630 of the Gulf of Alaska [Docket 
     No.: 010131362-0087-02] (RIN: 0648-XZ13) received October 25, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       10451. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Shallow-Water Species by Vessels Using Trawl Gear in the Gulf 
     of Alaska [Docket No.: 0910131362-0087-02] (RIN: 0648-XZ06) 
     received October 25, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Natural Resources.
       10452. A letter from the Assistant Administrator for 
     Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Northeastern United States; Northeast 
     Multispecies Fisheries; Adjustment to Fishing Year 2010 
     Georges Bank Yellowtail Flounder Total Allowable Catch 
     [Docket No.: 0910051338-0403-04] (RIN: 0648-AY29) received 
     October 27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Natural Resources.
       10453. A letter from the Deputy Assistant Administrator for 
     Operations, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Pacific Halibut Fisheries; Limited Access for Guided Sport 
     Charter Vessels in Alaska [Docket No.: 100503209-0430-02] 
     (RIN: 0648-AY85) received October 27, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
       10454. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Reallocation of Crab and Halibut Prohibited Species Catch 
     Allowances in the Bering Sea and Aleutian Islands Management 
     Area [Docket No.: 0910131363-0087-02] (RIN: 0648-XZ08) 
     received October 27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Natural Resources.
       10455. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 610 in the Gulf of Alaska [Docket 
     No.: 0910131362-0087-02] (RIN: 0648-XZ04) received October 
     27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Natural Resources.
       10456. A letter from the Deputy Assistant Administrator for 
     Regulatory Programs, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Atlantic Highly Migratory Species; North and South 
     Atlantic Swordfish Quotas [Docket No.: 100315147-0403-02] 
     (RIN: 0648-XV31) received October 27, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
       10457. A letter from the Assistant Administrator for 
     Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Atlantic Highly Migratory Species; Atlantic Billfish 
     Management, White Marlin (Kajikia albidus), Roundscale 
     Speafish (Tetrapturus georgii) [Docket No.: 100729315-0331-
     01] (RIN: 0648-BA12) received October 27, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
       10458. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Cod by Vessels Catching Pacific Cod for Processing by 
     the Inshore Component in the Central Regulatory Area of the 
     Gulf of Alaska [Docket No.: 0910131362-0087-02] (RIN: 0648-
     XZ05) received October 27, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Natural Resources.
       10459. A letter from the Attorney-Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; VERMILION 380A at Block 380 Outer Continental 
     Shelf Fixed Platform in the Gulf of Mexico [Docket No.: USCG-
     2010-0857] (RIN: 1625-AA00) received October 28, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       10460. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; San Diego Harbor Shark Fest Swim; San Diego 
     Bay, San Diego, CA [Docket No.: USCG-2010-0462] (RIN: 1625-
     AA00) received October 28, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       10461. A letter from the Attorney-Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Special

[[Page 18173]]

     Local Regulations, Sabine River; Orange, TX [Docket No.: 
     USCG-2010-0518] (RIN: 1625-AA08) received October 28, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       10462. A letter from the Attorney, Department of Homeland 
     Security, transmitting the Department's final rule -- 
     Navigation and Navigable Waters; Technical, Organizational, 
     and Conforming Amendments, Sector Columbia River; Correction 
     [Docket No.: USCG-2010-0351] (RIN: 1625-ZA25) received 
     October 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       10463. A letter from the Attorney-Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; NASSCO Launching of USNS Washington Chambers, 
     San Diego Bay, San Diego, CA [Docket No.: USCG-2010-0728] 
     (RIN: 1625-AA00) received October 28, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       10464. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Security Zone, Mackinac Bridge, Straits of Mackinac, 
     Michigan [Docket No.: USCG-2010-0790] received October 28, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       10465. A letter from the Attorney Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Fireworks Displays, Potomac River, National 
     Harbor, MD [Docket No.: USCG-2010-0776] (RIN: 1625-AA00) 
     received October 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       10466. A letter from the Attorney-Advisor, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Safety Zone; Mississippi River, Mile 212.0 to 214.5 
     [Docket No.: USCG-2010-0576] (RIN: 1625-AA00) received 
     October 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       10467. A letter from the Regulations Officer, FHWA, 
     Department of Transportation, transmitting the Department's 
     ``Major'' final rule -- Real-Time System Management 
     Information Program (RIN: 2125-AF19) received November 15, 
     2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       10468. A letter from the Branch Chief, Publications and 
     Regulations, Internal Revenue Service, transmitting the 
     Service's final rule -- Inflation Adjusted Items for 2011 
     (Rev. Pro. 2010-40) received November 2, 2010, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
       10469. A letter from the Chief, Publications and 
     Regulations Branch, Internal Revenue Service, transmitting 
     the Service's final rule -- Examination of returns and claims 
     for refund, credit, or abatement; determination of tax 
     liability (Rev. Proc. 2010-29) received November 2, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. PERLMUTTER: Committee on Rules. House Resolution 1736. 
     Resolution providing for consideration of the Senate 
     amendments to the bill (H.R. 4783) to accelerate the income 
     tax benefits for charitable cash contributions for the relief 
     of victims of the earthquake in Chile, and to extend the 
     period from which such contributions for the relief of 
     victims of the earthquake in Haiti may be accelerated (Rept. 
     111-660). Referred to the House Calendar.
       Ms. ZOE LOFGREN: Committee on Standards of Official 
     Conduct. House Resolution 1737. Resolution in the matter of 
     Representative Charles B. Rangel (Rept. 111-661). Referred to 
     the House Calendar.


                         discharge of committee

             [Omitted from the Record of November 15, 2010]

  Pursuant to clause 2 of rule XIII the Committee on Science and 
Technology discharged from further consideration. H.R. 1997 referred to 
the Committee of the Whole House on the State of the Union and ordered 
to be printed.

          [The following action occurred on November 19, 2010]

  Pursuant to clause 2 of rule XIII the Committee on the Judiciary 
discharged from further consideration of H.R. 2267.

                          ____________________




         TIME LIMITATION OF REFERRED BILL PURSUANT TO RULE XII

          [The following action occurred on November 19, 2010]

  Pursuant to clause 2 of rule XII the following action was taken by 
the Speaker:

       H.R. 2267. Referral to the Committee on Energy and Commerce 
     extended for a period ending not later than November 30, 
     2010.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. KIRK:
       H.R. 6448. A bill to establish the Grace Commission II to 
     review and make recommendations regarding cost control in the 
     Federal Government, and for other purposes; to the Committee 
     on Oversight and Government Reform, and in addition to the 
     Committee on Rules, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. ACKERMAN:
       H.R. 6449. A bill to repeal provisions of the recently 
     enacted health care reform law that prohibit preexisting 
     condition exclusions or other discrimination based on health 
     status for adults; to the Committee on Energy and Commerce.
           By Mr. ACKERMAN:
       H.R. 6450. A bill to repeal provisions of the recently 
     enacted health care reform law that require the extension of 
     dependent coverage to adult children under age 26; to the 
     Committee on Energy and Commerce.
           By Mr. ACKERMAN:
       H.R. 6451. A bill to repeal provisions of the recently 
     enacted health care reform law that prohibit preexisting 
     condition exclusions or other discrimination based on health 
     status for children; to the Committee on Energy and Commerce.
           By Mr. ACKERMAN:
       H.R. 6452. A bill to repeal provisions of the recently 
     enacted health care reform law that prohibit the 
     establishment of annual limits on health benefits; to the 
     Committee on Energy and Commerce.
           By Mr. ACKERMAN:
       H.R. 6453. A bill to repeal provisions of the recently 
     enacted health care reform law that prohibit the 
     establishment of lifetime limits on health benefits; to the 
     Committee on Energy and Commerce.
           By Mr. ACKERMAN:
       H.R. 6454. A bill to repeal provisions of the recently 
     enacted health care reform law that prohibit health coverage 
     rescissions; to the Committee on Energy and Commerce.
           By Mr. FATTAH:
       H.R. 6455. A bill to amend the Internal Revenue Code of 
     1986 to permanently extend the American opportunity tax 
     credit increases made to the Hope Scholarship Credit; to the 
     Committee on Ways and Means.
           By Ms. KAPTUR (for herself, Mr. Visclosky, Mr. 
             Grijalva, Mr. Conyers, Ms. Hirono, Mr. Stark, Ms. 
             Woolsey, Ms. Baldwin, and Ms. Castor of Florida):
       H.R. 6456. A bill to authorize the President to reestablish 
     the Civilian Conservation Corps as a means of providing 
     gainful employment to unemployed and underemployed citizens 
     of the United States through the performance of useful public 
     work, and for other purposes; to the Committee on Education 
     and Labor.
           By Mr. McDERMOTT:
       H.R. 6457. A bill to amend the Internal Revenue Code of 
     1986 to exclude from gross income distributions from 
     individual retirement plans during periods of unemployment in 
     2009, 2010, and 2011; to the Committee on Ways and Means.
           By Mr. McDERMOTT (for himself, Mr. Weiner, Mr. Hastings 
             of Florida, Ms. Linda T. Sanchez of California, Mr. 
             Rangel, Mr. Moran of Virginia, Mr. Carnahan, and Mr. 
             Farr):
       H.R. 6458. A bill to amend the Internal Revenue Code of 
     1986 to require that the Secretary of the Treasury provide a 
     Tax Receipt to each taxpayer who files a Federal income tax 
     return; to the Committee on Ways and Means.
           By Mr. CARTER:
       H.J. Res. 100. A joint resolution disapproving a rule 
     submitted by the Environmental Protection Agency relating to 
     the National Emission Standards for Hazardous Air Pollutants 
     from the Portland Cement Manufacturing Industry and Standards 
     of Performance for Portland Cement Plants; to the Committee 
     on Energy and Commerce.
           By Mr. POE of Texas (for himself, Ms. Berkley, Ms. Ros-
             Lehtinen, Mr. Weiner, Mr. Burton of Indiana, and Mr. 
             Ackerman):
       H. Res. 1734. A resolution reaffirming Congressional 
     opposition to the unilateral declaration of a Palestinian 
     state, and for other purposes; to the Committee on Foreign 
     Affairs.
           By Mr. BERMAN (for himself, Ms. Ros-Lehtinen, Mr. 
             Faleomavaega, Mr. Manzullo, Mr. Djou, Mr. Scott of 
             Georgia, Mr. McMahon, Mr. Larsen of Washington, Ms. 
             Bordallo, Mr. Lamborn, Mr. Engel, Mr. Burton of 
             Indiana, Mr. Deutch, Ms. Berkley, Mr. Connolly of 
             Virginia, and Mr. Smith of New Jersey):
       H. Res. 1735. A resolution condemning North Korea in the 
     strongest terms for its unprovoked military attack against 
     South Korea on November 23, 2010; to the Committee on Foreign 
     Affairs.
           By Mr. BURTON of Indiana (for himself, Mr. Rohrabacher, 
             Mr. Poe of

[[Page 18174]]

             Texas, Mr. Pierluisi, Ms. Bordallo, Mr. Payne, Ms. 
             Berkley, Mr. Gingrey of Georgia, Mr. Wu, Mr. Lincoln 
             Diaz-Balart of Florida, Mr. Connolly of Virginia, Ms. 
             Jackson Lee of Texas, Mr. Mario Diaz-Balart of 
             Florida, and Mr. Faleomavaega):
       H. Res. 1738. A resolution expressing condolences to the 
     people and Government of the Republic of China (Taiwan) and 
     the people and Government of the Republic of the Philippines 
     in the aftermath of Super Typhoon Megi which struck in 
     October 2010; to the Committee on Foreign Affairs.
           By Mr. HASTINGS of Florida (for himself and Ms. 
             Bordallo):
       H. Res. 1739. A resolution expressing support for the 
     Republic of India to gain a permanent seat on the United 
     Nations Security Council; to the Committee on Foreign 
     Affairs.
           By Mr. LATTA (for himself, Mr. Hunter, Mr. Wilson of 
             South Carolina, Mr. Miller of Florida, Mr. LoBiondo, 
             Mr. Rogers of Alabama, Mr. Courtney, Mr. Moran of 
             Virginia, Mr. Holden, Mrs. Blackburn, Mr. Latham, Mr. 
             Calvert, Mr. Brady of Pennsylvania, Mrs. Christensen, 
             Mr. Boren, Mr. Loebsack, Mr. Peters, Mr. Bishop of 
             Georgia, Mr. Harper, Mr. Blunt, Mr. Wu, Mr. Paulsen, 
             Mr. Wolf, Ms. Corrine Brown of Florida, Mr. Dicks, 
             Mr. Conaway, Mr. Schock, Mr. Boswell, Mr. Rehberg, 
             Mr. Welch, Mr. LaTourette, Ms. Jenkins, Mr. Holt, Ms. 
             Giffords, Mr. Pitts, Ms. McCollum, Mr. Costello, Mr. 
             Carson of Indiana, Mr. Johnson of Georgia, Mr. 
             Wittman, Mr. Tonko, Mr. Gordon of Tennessee, Ms. 
             Norton, Ms. Tsongas, Mrs. McMorris Rodgers, Mr. Lee 
             of New York, Mr. Kissell, Mr. Turner, Mr. Kline of 
             Minnesota, Mrs. Myrick, Mr. Franks of Arizona, Mr. 
             Akin, Mr. Forbes, Mr. Rooney, Mr. Jones, Mr. Lamborn, 
             and Mr. Donnelly of Indiana):
       H. Res. 1740. A resolution recognizing and honoring the 
     National Guard on the occasion of its 374rd anniversary; to 
     the Committee on Armed Services.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 240: Mrs. Blackburn.
       H.R. 745: Mrs. McMorris Rodgers.
       H.R. 1625: Mr. Smith of New Jersey.
       H.R. 1718: Mr. McDermott.
       H.R. 1751: Mr. Sherman, Mr. Grayson, and Mr. Andrews.
       H.R. 1990: Mr. Rogers of Kentucky.
       H.R. 2254: Mr. Reichert and Ms. Hirono.
       H.R. 2414: Mr. Grayson and Mr. Levin.
       H.R. 2538: Mr. Dreier.
       H.R. 2766: Mr. Farr.
       H.R. 2855: Ms. Norton.
       H.R. 3302: Mr. Inslee.
       H.R. 3668: Ms. Clarke.
       H.R. 3734: Ms. Hirono.
       H.R. 3765: Mr. Carter.
       H.R. 3907: Mr. Langevin and Ms. Norton.
       H.R. 4363: Mr. Berman.
       H.R. 4756: Ms. Tsongas.
       H.R. 4806: Ms. Tsongas.
       H.R. 4986: Mr. Ackerman.
       H.R. 5028: Mr. Al Green of Texas, Ms. Woolsey, and Mr. 
     Holt.
       H.R. 5137: Mr. Olver.
       H.R. 5376: Ms. Hirono.
       H.R. 5460: Mr. Davis of Illinois.
       H.R. 5939: Mr. Melancon and Mr. Cuellar.
       H.R. 5976: Ms. Linda T. Sanchez of California.
       H.R. 6036: Mr. Cohen.
       H.R. 6045: Ms. Clarke.
       H.R. 6123: Mr. Critz and Mr. Hinchey.
       H.R. 6128: Mr. Schrader, Mr. Carnahan, and Mr. DeFazio.
       H.R. 6184: Ms. Woolsey.
       H.R. 6282: Ms. Schakowsky.
       H.R. 6308: Mr. Holt.
       H.R. 6332: Mr. Rogers of Alabama.
       H.R. 6403: Mr. Dreier, Mr. Sensenbrenner, and Mr. Reed.
       H.R. 6427: Mr. Lewis of Georgia, Ms. Matsui, and Ms. 
     Berkley.
       H.R. 6437: Mr. Farr.
       H. Con. Res. 323: Mr. Polis, Ms. Giffords, Mr. Sherman, Mr. 
     McGovern, Mr. Cohen, Ms. Clarke, Mr. Levin, Mr. Kucinich, Ms. 
     Titus, Mr. Tonko, Mr. Baca, Mr. Lincoln Diaz-Balart of 
     Florida, Mr. Hare, Mr. Van Hollen, Mr. Courtney, Mr. Schiff, 
     Mr. Quigley Mrs. McMorris Rodgers, Ms. Richardson, Mr. Lance, 
     Mr. Peters, Mr. Crowley, Mr. Langevin, Mr. Murphy of 
     Connecticut, Mr. Markey of Massachusetts, and Mr. Sires.
       H. Res. 20: Mr. Wamp.
       H. Res. 764: Mr. Capuano, Ms. Jackson Lee of Texas, and Mr. 
     Tierney.
       H. Res. 1264: Ms. Tsongas, Mr. Lewis of Georgia, and Mr. 
     Pomeroy.
       H. Res. 1402: Mr. McGovern and Mr. Pomeroy.
       H. Res. 1431: Ms. Matsui.
       H. Res. 1476: Mr. Payne.
       H. Res. 1498: Mrs. Bachmann.
       H. Res. 1531: Ms. Granger.
       H. Res. 1585: Mr. Boucher, Mrs. Davis of California, Ms. 
     Loretta Sanchez of California, Mr. Thompson of California, 
     Mr. Sherman, Mr. Loebsack, Mr. Smith of Washington, Mr. 
     Kissell, Mr. Courtney, Mr. Boren, Mr. Israel, Mr. Rogers of 
     Alabama, Mr. Reyes, Mr. Wilson of South Carolina, Mr. 
     Boswell, and Mr. Heinrich.
       H. Res. 1644: Mr. Sherman and Ms. Sutton.
       H. Res. 1690: Ms. Bordallo.
       
       


[[Page 18175]]

                    SENATE--Monday, November 29, 2010

  The Senate met at 2 p.m. and was called to order by the Honorable Al 
Franken, a Senator from the State of Minnesota.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  O Lord, our God and provider, we thank You for the many blessings we 
enjoy as citizens of this great Nation. May we be good stewards of Your 
gifts. Lord, as we reflect on the future, we pray that Your sovereign 
presence will protect us from evil and equip us to do what is right and 
just and good.
  We pray for our Senators today, asking that You would keep them in 
good health and focused on Your plans to guide and prosper them and the 
Nation they serve. We are grateful that You are here on Capitol Hill, 
listening, watching, and judging. May all of our elected leaders do 
what is right for Your everlasting glory.
  We pray in Your loving Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Al Franken led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Inouye).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                Washington, DC, November 29, 2010.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Al Franken, a Senator from the State of Minnesota, to perform 
     the duties of the Chair.
                                                 Daniel K. Inouye,
                                            President pro tempore.

  Mr. FRANKEN thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following any leader remarks, there will be 
a period of morning business until 4 p.m. today, with Senators 
permitted to speak for up to 10 minutes during that period of time. 
Following morning business, the Senate will resume consideration of the 
Food Safety Modernization Act. At 5:30 today, Senator-elect Mark Kirk 
will be sworn to be a Senator from the State of Illinois. At 6:30, the 
Senate will proceed to vote on the substitute amendment to the food 
safety bill. Under an agreement reached before the recess, if cloture 
is invoked, all postcloture debate time will be yielded back except for 
the time allotted in agreement and the only amendments or motions in 
order are motions to suspend the rules offered by Senators Johanns and 
Baucus, both relating to 1099 forms, and two offered by Senator Coburn, 
one relating to earmarks and another, a complete substitute for the 
bill. If cloture is invoked, we will debate the motions and then stack 
the votes for later tonight. There is up to 1 hour total on the Johanns 
and Baucus motions and 4 hours on the Coburn motions. Upon disposition 
of the motions, the Senate will proceed to vote on passage of the food 
safety bill.
  I spoke to Senator McConnell earlier today. It was suggested that 
what we would do, if we can get permission from the Senate, is have the 
two votes. We will have the cloture vote and Johanns and Baucus, and 
then there is 4 hours of debate, which would put us until 11, 11:30 
tonight. I think Senator McConnell and I believe it would be to 
everyone's interest to have those three votes in the morning at 9 
o'clock. Senator McConnell and I have a meeting at the White House, and 
we would have to have the votes start at 9. That is where we will try 
to get to, so everyone should be alerted to the schedule issue.

                          ____________________




              UNIVERSITY OF NEVADA'S UPSET OF BOISE STATE

  Mr. REID. Mr. President, when you talk about the top teams in college 
football since the start of the century, you have to talk about Boise 
State University. A lot of people know about their famous blue turf and 
their quick, creative offense. Even casual college football fans can 
talk like experts about the stunning trick plays that led the Broncos 
over a heavily favored Oklahoma team in a 2007 bowl game.
  It is decidedly one of the most dominant programs of the decade. How 
dominant? Since Boise State joined the Western Athletic Conference in 
2001, it had lost just four conference games in 10 years.
  On Friday night in Reno, it lost its fifth.
  Boise State came in ranked third in the country and was on track for 
its third undefeated season in 5 years. It had a shot at the national 
championship. But thanks to the University of Nevada Wolf Pack and its 
brilliant head coach, Chris Ault, Boise State is no longer in the 
running. And now when you talk about the top upsets in college 
football, you have to talk about Nevada.
  Nevada and Boise State have been rivals for a long time--back when 
they played in the Big Sky and Big West Conferences, and in the Western 
Athletic Conference where they play today. They will soon leave the WAC 
together to join the Mountain West Conference, and the rivalry will 
continue. Although some recent games have been close--the 2007 one went 
to four overtimes--Nevada had not won since 1998.
  But this year's Nevada team has been among the best in school 
history. It leads the conference in offense, rushing yards and points 
scored. After this weekend's win, it is ranged fourteenth in the 
country.
  Still, beating a powerhouse like Boise State was no piece of cake. No 
one had beaten the Broncos since December 2008. The Wolf Pack were 14-
point underdogs. They were down 17-0 late in the second quarter. Then 
quarterback Colin Kaepernick led an incredible second-half comeback and 
forced overtime.
  They won the game when a 5-foot-6 freshman from McQueen High School 
in Reno, a young man named Anthony Martinez, kicked the most important 
field goal in State history.
  It was not that long ago that the University of Nevada did not even 
field a Division I team. Now our proud program has knocked off one of 
the toughest teams in the Nation.
  It is no fluke. Coach Chris Ault is an exceptional leader and a good 
man. I am proud to call him a very good friend.
  I have known Chris for a long time. When he was just 23 years old, he 
became the youngest high school head coach in the state, leading the 
Bishop Monogue Miners in Reno. I was a member of the school's athletic 
booster club, and I was impressed with Chris Ault from the day I met 
him.
  He led the Wolf Pack as its quarterback in the 1960s, as its athletic 
director two decades later, and has been its

[[Page 18176]]

head coach three times, totaling 26 years. He is one of the smartest 
coaches in the country. A few years ago he invented the Pistol offense. 
Now schools across the Nation, and even some NFL teams, are copying it.
  In fact, only two men enshrined in the College Football Hall of Fame 
are still actively coaching at the sport's highest level: the legendary 
Joe Paterno and Nevada's Chris Ault.
  At the end of October, I was in church in Reno when a tall young man 
sat down next to me. It was Nevada's quarterback, Colin Kaepemick, 
preparing himself spiritually for the next game. In Friday's game, he 
became the first player in NCAA history to throw for more than 2,000 
yards and run for 1,000 yards in three straight seasons.
  Sometimes it is true what they say--that it is just a game. But this 
is one of those times when it is much more. This remarkable, memorable 
win means so much for an underrated and underappreciated athletic 
program, for a great university and for the whole State of Nevada.
  Congratulations to Coach Ault, Colin Kaepernick, Anthony Martinez and 
the Wolf Pack. I never doubted you would pull it off.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period of morning business until 4 p.m., with Senators 
permitted to speak therein for up to 10 minutes each.
  The Senator from Pennsylvania.

                          ____________________




                       START TREATY RATIFICATION

  Mr. SPECTER. Mr. President, I have sought recognition principally to 
urge my colleagues to ratify the START treaty with Russia. I ask 
unanimous consent at the outset that the text of a memorandum from 
Senator Jon Kyl and Senator Bob Corker, two Republican Members, dated 
November 24, 2010, regarding progress in defining nuclear modernization 
requirements be printed in the Record at the conclusion of my 
statement.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (See exhibit 1.)
  Mr. SPECTER. I urge my colleagues to move ahead with the prompt 
ratification of this treaty.
  I have long been interested in the relationship between the United 
States and the Soviet Union, predecessor to Russia, on the issue of 
arms control, going back to my college days as a student of 
international relations.
  One of the first items which attracted my concern on election to the 
Senate was a Saturday speech made by then-President Reagan where he 
said essentially that the United States had sufficient weapons to 
destroy the Soviet Union and, similarly, the Soviet Union had 
sufficient weapons to destroy the United States. For decades, the two 
countries lived under the truce, so to speak, of mutual assured 
destruction. That has given way to arms control negotiations and the 
successful negotiation of treaties. For example, the START I treaty in 
1992 was approved by a margin of 93 to 6. The START II treaty of 1996 
was approved by a margin of 87 to 4. The Moscow Treaty of 2003 was 
approved by a vote of 98 to nothing.
  The memorandum I have referenced raises a number of concerns which I 
submit to my colleagues ought not to stop us from moving ahead with 
ratification. For example, the memorandum makes this point on page 5:

       Additional funding could be applied to accelerate the 
     construction of these facilities to ensure on schedule 
     completion. . . .

  Well, there is no showing of a problem on on-schedule completion. To 
talk about ``additional funding could be applied'' is far from saying 
it is necessary for our national security.
  The memorandum further says:

       Further Administration effort to advance funding is the 
     best path to successful completion of these facilities.

  Well, here again, there is no showing that advance funding is 
necessary for successful completion. It simply says it ``is the best 
path to successful completion of these facilities,'' but no showing 
that the current path is not an adequate path.
  The memorandum, in another spot, makes this statement:

       . . . the NNSA is reviewing an updated surveillance plan 
     that could lead to greater budget requirements.

  ``Could.'' It does not say it would lead to greater budget 
requirements, and what is speculative as to what could happen ought not 
to be taken as any reason for objecting to the ratification.
  Still later in the memorandum there is the statement:

       . . . there are still no costs or funding commitments 
     beyond FY 2015.

  Well, that is not surprising when we are in the year 2010. Adequate 
time to consider and make commitments beyond 2015 is hardly a reason 
not to move ahead with ratification.
  Then, on page 5, under the category of ``Conclusion,'' there is a 
statement about ``assurances from the appropriate authorizers and 
appropriators must be obtained to ensure that the enacted budget 
reflects the President's request.''
  Well, that is unrealistic. There is no way to get assurances from 
authorizers--that is referring to the Armed Services Committee--or the 
appropriators, specifically the Defense Appropriations Subcommittee, a 
subcommittee on which I have served during my tenure.
  When you talk about getting assurances from legislators, from 
Senators, from Members of the House of Representatives, that, simply 
stated, is unrealistic, I submit.
  The concerns I had in the early days of my tenure in the Senate led 
me to propose a resolution for a summit meeting which was contested by 
Senator Tower, who was then-chairman of the Armed Services Committee. 
On this floor--I can still see Senator Tower on the end seat in the 
third row back and I in the junior league my first couple of years in 
the Senate. Senator Tower was a tough advocate. We had quite a 
protracted debate about the triad.
  I had done my homework. I had been to Grand Forks, ND, and seen the 
Minuteman II. It was my first experience seeing a nuclear weapon, and 
it was quite a sight. I recall looking down an open space--I think it 
went close to 100 feet, perhaps 90 feet; I would not affirm exactly 
what it was--and seeing the Minuteman II, and that was, in effect, 
small potatoes compared to what we have had since. I went to the Air 
Force base in California to look at the B bomber, the B-1 or the B-2 at 
that time, and to South Carolina to Charleston to see the nuclear 
submarines.
  I had quite a debate with Senator Tower as to whether the subs were 
detectable, which bore on the issue of whether we had sufficient 
strength, and the tabling motion was defeated on a vote of 60 to 38. I 
recall Senator Laxalt walking down the aisle and voting no and starting 
to head for the Republican cloakroom, and Senator Tower walked fast, 
chasing him up the aisle, and said: You don't understand, Paul, this is 
a tabling motion. I am looking for an ``aye.'' And Laxalt turned and 
said: I understand what you are after, John, but I agree with Arlen 
Specter. Senator Tower said: He is trying to tell the President what to 
do. Senator Laxalt said: Well, so is everybody else--really, in effect, 
saying that is what Senators do from time to time, just expressing 
their opinions.
  The tabling motion was defeated 60 to 38, and the resolution was 
adopted 90 to 8.
  There has been a lot of unease and consternation among foreign 
nations as to what is going on in the Senate. I do not question the 
motives of the writers of the memorandum. I do not question their 
motives or their good faith. But there is considerable concern both at 
home and abroad as to the gridlock which now confronts the Senate. That 
is inevitable when one Senator says: We are going to see to it that 
this is President Obama's Waterloo, and

[[Page 18177]]

when leadership on the other side of the aisle says: Our principal 
objective is to defeat President Obama in 2012. There is a concern 
about what is happening, whether there are really bona fide objections 
to the START talks.
  In connection with the travels I have undertaken during the course of 
the past many months--in India, with a congressional delegation, a 
group of us met with the Prime Minister of India, a concern about 
agreements made with our executive branch, whether they will be upheld; 
a meeting with officials in China on certain trade issues; talking to 
leaders in other foreign countries, a real question about what is going 
on in the government of the United States.
  In this interdependent world, I suggest it is very important we 
project a national image, a national posture of rationality in what we 
are doing and not to throw up roadblocks to international agreements 
such as START without good reason in the context where at least in 
appearances there is obstructionism.
  When we talk about risks involved, my own view is that we are far at 
this point from a threat with the Russian Government. This is not the 
day of the Cuban missile crisis in 1962 when the world may have 
teetered on the edge of a nuclear confrontation. The relations with the 
Soviet Union were disintegrated. The relations with Russia are vastly 
improved, and we need the cooperation of Russia in dealing with many 
very vexing international problems, paramount of which is our dealings 
with Iran and the need to have the Russians join us in sanctions 
against Iran and to promote the Russian offer to enrich the uranium 
from Iran so they do not enrich it themselves, posing a threat with 
what Iran would do with enriched uranium--a threat which is not present 
if it is not in Iran's hands when uranium is enriched, which could be 
used for peaceful purposes.
  We see today the importance of the cooperation of China in the 
concerns we have with North Korea. When that problem broke last week, 
my first comment publicly in a television interview on MSNBC was to 
state what was the obvious: that we had to engage China to deal with 
North Korea. China's initial comments were muted, were not very 
encouraging. I am pleased to see the most recent reports are that China 
is moving ahead to try to deal with a threat posed by North Korea, 
having shuttle talks between North Korea and South Korea.
  So it is in this overall context of having the assurances registered 
with foreign governments that there is rationality. When we talk about 
risks, my own assessment--and I have studied this situation closely. I 
was a member of the U.S. arms talks in Geneva going back into 1987, 
during that decade and beyond. But the risks are not what they once 
were. It is never possible to eliminate risks entirely, but when we are 
looking to evaluate the balance of risks and international cooperation 
with Russia and our conduct on START, as we project an image of 
strength with other countries, the risk is well worth taking to the 
extent that it exists. Again, I say my own evaluation is that there is 
not much of a risk involved.
  The Washington Post, last Friday, November 26, quoted one of the 
authors of the memorandum expressing satisfaction:

       I've come to the conclusion that the administration is 
     intellectually committed to modernization now. . . .Whether 
     they're committed in the heart is another matter. Suppose 
     Start is ratified, and they no longer have to worry about 
     that? Will they continue to press for the money?

  Well, if we concede there is a commitment, be it an intellectual 
commitment, there is not a whole lot more that we can ask for.

                          ____________________




                      EMBRYONIC STEM CELL RESEARCH

  Mr. SPECTER. Mr. President, I had spoken about this when we 
reconvened several weeks ago, that it is my hope that Congress, the 
Senate specifically, will take up legislation which I have introduced 
which would authorize the use of Federal funding for embryonic stem 
cell research. Embryonic stem cell research holds enormous potential. 
You take the embryos which are the most flexible of all of the stem 
cells and they can replace diseased parts of the body and they offer 
promise of a veritable fountain of youth.
  The U.S. District Court for the District of Columbia said the 
Executive order issued by President Obama was invalid. But Congress has 
the authority to legislate to cure any defect. The case is on appeal to 
the circuit court, and a stay has been issued. But the scientists are 
very apprehensive, as they testified before the Labor, Health and Human 
Services Subcommittee. There are some 200 projects with some $200 
million involved.
  It is not a constitutional matter. It is a matter of statutory 
interpretation on the existing statute. But to the extent there is any 
ambiguity, this is something which we ought to address and we ought to 
address promptly because it is a life-and-death matter. As long as the 
litigation is pending in the Federal court, the scientists do not know 
which way to turn. So they have made their point very clear.
  The case could go on for a very protracted period of time when you 
have to file briefs, have argument, and a decision in the Court of 
Appeals for the District of Columbia. Then a possible petition for 
certiorari could take a matter of years. With the ideological issues 
involved, who knows what the final outcome would be in the judicial 
system. But that can all be put to rest by legislation.

                          ____________________




                      TELEVISING THE SUPREME COURT

  Mr. SPECTER. One other point briefly--I see a colleague awaiting an 
opportunity to speak--and that is my hope we will address, before the 
end of the year, the issue of televising the proceedings of the Supreme 
Court of the United States. This is an issue I have worked on, on the 
Judiciary Committee, for a couple decades now. It has been reported a 
number of times out of committee. It is currently on the Senate agenda.
  The Supreme Court of the United States decides all of the cutting 
edge questions. There ought to be transparency. When the case of Bush 
v. Gore was argued, then-Senator Biden and I wrote to the Chief Justice 
urging that the proceedings be televised. We got a response back in the 
negative, but on that day there was a simultaneous audio released. I 
noticed 2 weeks ago that on C-SPAN there was a Supreme Court argument 
which was a couple weeks old with an audio, and they had a picture of 
the Justice who was speaking and a picture of the lawyer arguing the 
case--sort of like movies before talking; sort of like silent movies. 
There was an audio.
  It is high time the public's business be open. Newspaper reporters 
can walk into the Supreme Court, make notes, upheld by the Supreme 
Court of the United States. Visitors are limited to some 3 minutes. The 
chambers can only hold about 250 people. It is time the Court was 
televised. I hope the Senate will act. I have discussed the issue with 
the leadership in the House and there are positive responses on the 
issue.

                               Exhibit 1

     From: Sen. Jon Kyl, Sen. Bob Corker
     To: Republican Members
     Date: November 24, 2010
     Re: Progress in Defining Nuclear Modernization Requirements
       We appreciate your willingness to consider New START in the 
     context of modernization of our nuclear complex and the 
     weapons it supports.
       In advance of having an opportunity to discuss the issue 
     more fully next week in Washington, we want to summarize the 
     status of our discussions with the administration.


                                Summary

       Throughout the Obama administration's pursuit of a New 
     START treaty, we have been clear, as has Secretary Gates, 
     that we could not support reductions in U.S. nuclear forces 
     unless there is adequate attention to modernizing those 
     forces and the infrastructure that supports them. The 
     Administration's recent update of the 1251 plan, originally 
     submitted in May in accordance with Section 1251 of the 
     FY2010 NDAA, is an acknowledgment that more resources we 
     needed to accomplish the objectives set forth in the Nuclear 
     Posture Review for the modernization of the U.S. nuclear 
     deterrent. This

[[Page 18178]]

     memo discusses our concerns with the original 1251 plan, 
     changes made and our assessment of those changes and 
     remaining issues.


      Background--the Decline of the Nuclear Weapon Stockpile and 
                             Infrastructure

       Since the end of the Cold War, the U.S. nuclear weapons 
     infrastructure (including laboratories, production facilities 
     and supporting capabilities) has been allowed to deteriorate. 
     The weapons have remained safe, secant and reliable, but they 
     and their caretakers have been in a state of limbo--only when 
     critical problems have arisen has action been taken. The 
     production facilities are Cold War relics, safety and 
     security costs have grown exponentially, and critical skills 
     have been jeopardized through layoffs, hiring freezes, and 
     the retirement of skilled scientists and technicians who 
     earlier were able to fully exercise the full set of nuclear 
     weapons-related skills. In FY2010, the Ohama administration 
     invested only $6.4 billion in the National Nuclear Security 
     Administration Weapons Activities funding line, a 20 percent 
     loss in purchasing power from FY2005 alone. It is no longer 
     possible to continue deferring maintenance of either the 
     facilities or the weapons. As a result, the 2010 Nuclear 
     Posture Review set forth a broad range of modernization and 
     sustainment requirements that would be impossible without 
     additional budget support.
       A detailed explanation of these concepts is located in the 
     appendix to this memo; but to help understand the current 
     situation, imagine an automotive expert working in a garage 
     built in 1942. The roof leaks and his tools are becoming 
     outdated. Moreover, he has responsibility for a fleet of 
     eight racing Ferraris, which have been sitting in storage for 
     about 30 years. The last time any engine was turned on was 
     1992, but this ``steward'' is responsible for assuring that, 
     at any given moment, each of the eight finely-tuned cars will 
     respond to the key turn. To do this, he is allowed to assess 
     components of the cars for aging--leaks, cracks, rust, etc. 
     (though he isn't able to look at the components often enough 
     and in sufficient detail because of his maintenance budget).
       Even on a shoe-string budget, he is beginning to see signs 
     of age throughout the fleet, and realizes that each and every 
     car will require a complete overhaul (a ``life extension'' 
     program). To be successful, he needs a new garage, updated 
     tools, and skilled assistants (because truthfully, the expert 
     will be retiring long before the overhauls are complete, 
     assuming his pension fund is still solvent). He will have to 
     replace some of the parts (especially the electronics--some 
     of his fleet of Ferraris still have vacuum tubes), because 
     they just aren't available anymore; but some parts will have 
     to be reused, or manufactured to be as close to the original 
     as possible. Some of the original parts contained materials 
     that are now illegal for safety or environmental reasons. To 
     add to the problem, the owner is asking for air bags, anti-
     lock brakes and anti-theft technology. Each overhaul will 
     take about a decade, from planning through execution and 
     without a new garage, he will be unable to finish the 
     overhauls on time. And at the end of the day, the mechanic is 
     fairly certain that he will not be allowed to turn the 
     ignition to check his work.
       This is the state of our nuclear deterrent today, except, 
     we're dealing not with cars, but with the most sophisticated 
     and dangerous weapons ever devised by man.


Section 1251 Plan and FY2011 Budget--A Response to the Nuclear Posture 
                                 Review

       The initial section 1251 report showed a ten-year budget 
     plan for Weapons Activities totaling $80 billion. But most of 
     that $80 billion is not directed at modernization activities 
     called for in the NPR--it is mostly consumed in ``keeping the 
     lights on'' at the laboratories and plants, including safety, 
     security, facility upkeep (which is difficult on very old 
     facilities that would have been replaced long ago in the 
     private sector), and routine warhead maintenance.
       Only about $10 billion of that ten year number was for new 
     weapons activity, about half of it coming from DOD and half 
     from ``savings'' assumed from low inflation projections. We 
     doubt such savings can be realized and the DOD funding is not 
     enough to cover everything that needs to be done. It provides 
     for a small increase to stockpile surveillance for warhead 
     evaluation, funding for the W76 life extension program and 
     the B61 and W78 life extension studies, and partial funding 
     for badly-needed design, engineering and a modest investment 
     for construction of new plutonium and uranium processing 
     facilities--the Chemistry and Metallurgy Research Replacement 
     (CMRR) nuclear facility and the Uranium Processing Facility 
     (UPF). These new facilities will replace Manhattan Project-
     era buildings that are a substantial maintenance burden and 
     are becoming increasingly challenging to maintain in a safe 
     and operable condition.
       Recognizing that more money was needed up front, the 
     administration's FY2011 budget request of $7.0 billion for 
     Weapons Activities improved the FY2010 budget by $624 
     million. The $624 million was included as a budget 
     ``anomaly'' in the two month C.R. we passed before the 
     October recess, but will have to be maintained in the longer-
     term C.R. or Omnibus we will pass in December.
       The initial 1251 plan left a lot of questions about how all 
     the work articulated in the NPR would be funded. Numerous 
     experts expressed concerns about obvious shortfalls in 
     funding and about restrictions placed on designers that will 
     constrain their ability to work through stockpile issues. The 
     funding levels for CMRR and UPF were of significant concern, 
     as was the funding for Life Extension Programs--especially to 
     incorporate improved safety, security and reliability in 
     these warheads. And of great concern to the directors of the 
     national weapons laboratories, much of the promised budget 
     increase for modernization was not pledged until FY 16, by 
     which point the Administration's commitment (if it is still 
     in office) may have waned. As a result, we requested an 
     update to the 1251 plan that would answer the questions we 
     raised and that would show a stronger commitment to 
     modernization.


                           Undated 1251 Plan

       Atter reviewing our questions, and with further review of 
     the requirements imposed by the NPR, the Administration 
     agreed that updated budgets were required. Thus, on November 
     17, 2010, an updated 1251 report was provided to the Senate, 
     including an early FY12 budget projection with White House 
     approval. The 1251 update, and the briefing provided as part 
     of the update, satisfied many, but not all, of the initial 
     questions we had earlier expressed.
       The 1251 plan update increases the FY2012 budget request by 
     an additional $600 million, increases the FY2012 five-year 
     plan by $4.1 billion, and adds to the total FY11 ten-year 
     plan between $5.4 and $62 billion. We are told that the new 
     increases will not be taken from the DOD budget line. This 
     update brings the ten-year plan (from FY11) to between $85.4 
     and $86.2 billion. Again, approximately $70 billion of the 
     original pledge of $80 billion was needed just to maintain 
     current operations of the nuclear weapons complex, without 
     covering the expense of the needed modernization of the 
     stockpile or infrastructure. This update also includes 
     revised cost estimates for CMRR and UPF; those estimates now 
     range from $3.7 to $5.8 billion for CMRR and $4.2 to $6.5 
     billion for UPF.
       The new $4.1 billion for the five years of the FY2012 FYNSP 
     is divided as follows:
       $340 million for design and engineering and modest 
     construction activity for CMRR and UPF (see below for more 
     detail);
       $1.7 billion (approximately) for other facility 
     construction and maintenance requirements, including the High 
     Explosive Pressing Facility at Pantex and test facilities at 
     Sandia National Laboratories;
       $1.0 billion (approximately) for stockpile work, with added 
     funding for life extension programs, stockpile surveillance 
     and other design and research activities, though some of this 
     funding ($255 million for the W76) is only needed because one 
     life extension program will take longer due to the capacity 
     bottleneck in the complex;
       $1.1 billion for contractor pension obligations spread 
     through Weapons Activities accounts (which, while needed, 
     does not support modernization).


                           Remaining Concerns

       Despite this new increase, there remain a few substantial 
     concerns about the adequacy of the proposed budget. For one, 
     the Administration is attempting to address the enormous 
     increases in the cost estimates for CMRR and UPF by delaying 
     the full operation of those facilities by one to two years. 
     This would stretch the final completion of CMRR to 2023 and 
     UPF to 2024, although the Administration states that some 
     operational capability would be established (as required) in 
     2020. If extended, hundreds of millions of dollars would be 
     needed annually to maintain Manhattan Project-era facilities 
     at LANL & Y-12. Additional funding could be applied to 
     accelerate the construction of these facilities to ensure on 
     schedule completion and prevent wasted investments in 
     maintaining an securing facilities that are being replaed 
     anyway.
       Furthermore, the Administration is ignoring the benefits of 
     ensuring funding commitments for these facilities early in 
     the budget process. Responsible advance funding mechanisms 
     exist, such as a FY12 request for three-year rolling funding 
     (recommended by some NNSA budget specialists), or 
     alternatively, an Administration commitment to seek advanced 
     funding in FY13 following the completion of the 90 percent 
     design cost estimate. Further Administration effort to 
     advance funding is the best path to successful completion of 
     these facilities.
       Given the need to live with our currently aging stockpile 
     until an adequate production capability is established (after 
     2020), accurate assessment of the state of the current 
     stockpile is paramount. The 1251 plan update shows a doubling 
     of surveillance funding from FY09 to FY11--which is 
     commendable--but is our understanding that the NNSA is 
     reviewing an updated surveillance plan that could lead to 
     greater budget requirements. NNSA should affirm that this 
     review has been completed and the budget request will reflect 
     updated requirements.
       Finally, the 1251 update made clear that NNSA will not 
     restore a production capability adequate to maintain our 
     current stockpile levels (declassified as 5,113 weapons 
     total), and instead allow up to 1,500 warheads to be retired 
     or held with no maintenance unless funding increases are 
     sought and obtained. Failing to maintain hedge weapons

[[Page 18179]]

     will increase the risk that the U.S. cannot respond to a 
     problem in our aging stockpile. The Administration should not 
     engage in further cuts to our deployed or non-deployed 
     stockpile without first determining if such cuts are in our 
     national security interest and then obtaining corresponding 
     reductions in other nations' nuclear weapons stockpiles, such 
     as Russia's large stockpile of weapons not limited by New 
     START (e.g., its tactical nuclear weapons).


            Modernization of U.S. strategic delivery systems

       The 1251 update deals not only with our nuclear weapons, 
     but the delivery systems that are part of our TRIAD. The 
     update indicates somewhat clearer intent by the 
     Administration to pursue a follow-on heavy bomber (though not 
     specifically nuclear) and air-launched cruise missile (ALCM), 
     though development costs beyond FY 2015 are yet to be 
     determined. While the update notes that estimated costs for a 
     follow-on bomber for FY 2011 through FY 2015 are $1.7 
     billion, there are still no costs or funding commitments 
     beyond FY 2015. It is the same for the ALCM: $800 million 
     programmed over the FYDP, but no cost estimates are included 
     beyond FY 2015. We should have a better idea of these 
     estimated costs over the full ten years of the 1251 plan, and 
     know whether the Administration intends to make this new 
     heavy bomber and ALCM nuclear capable.
       Decision-making for an ICBM follow-on is unlikely before FY 
     2015, at the completion of an ongoing analysis of 
     alternatives. The update notes: ``While a decision on an ICBM 
     follow-on is not needed for several years, preparatory 
     analysis is needed and is in fact now underway. This work 
     will consider a range of deployment options, with the 
     objective of defining a cost-effective approach for an ICBM 
     follow-on that supports continued reductions in U.S. nuclear 
     weapons while promoting stable deterrence.'' (emphasis added) 
     We think it important to understand what the Administration 
     intends when it suggests that a decision regarding a follow-
     on ICBM must be guided, in part, by whether it ``supports 
     continued reductions'' in U.S. nuclear weapons--especially 
     since we seriously doubt it's in our interests to pursue 
     reductions beyond the New START treaty. One logical inference 
     from this criterion is that a follow-on ICBM is no longer 
     needed because the U.S. is moving to drastically lower 
     numbers of nuclear weapons. We continue to press for a letter 
     from the DOD confirming its commitment to follow-on nuclear-
     capable delivery systems.


                               Conclusion

       Until these issues are resolved, it will be difficult to 
     adequately assess the updated 1251 plan, despite the welcome 
     increases in proposed spending. And as has always been clear, 
     assurances from the appropriate authorizers and appropriators 
     must be obtained to ensure that the enacted budget refledcts 
     the President's request.


                                appendix

       Briefly, some of the stockpile programs most affected by 
     the lack of Administration support for modernization include:
       Replacing Manhattan Project-era Facilities: Since the 
     closure of the Rocky Flat Plant in 1989, the U.S. has had 
     only a limited capability to produce the core component of 
     our stockpile weapons: the plutonium pit. To establish a pit 
     production capability, a 60-year-old research laboratory must 
     be replaced by the Chemistry and Metallurgy Research 
     Replacement (CMRR) nuclear facility at Los Alamos. Likewise, 
     producing uranium components at the 70-year-old facility at 
     Y-12 in Oak Ridge is an increasing risk that requires 
     construction of a new Uranium Processing Facility (UPF). 
     Completion of these new facilities will be essential in 
     meeting life extension program requirements starting in 2020.
       Production Capacity: As Secretary Gates stated, 
     ``Currently, the United States is the only declared nuclear 
     power that is neither modernizing its nuclear arsenal nor has 
     the capability to produce a new nuclear warhead.'' The United 
     States requires a nuclear weapon production capability with 
     sufficient capacity to satisfy the life extension requirement 
     of our aging weapons, as well as to provide a ``hedge'' 
     against future technical or political problems. Currently, we 
     are limited to producing a handful of plutonium pits a year 
     for one weapon, but are unprepared to produce most of the 
     remaining pieces of that weapon. Modernization of the NNSA 
     laboratories and plants is required to correct this issue, 
     with the stated goal of establishing a ``capability-based'' 
     production capacity. Without this capacity, there can be no 
     stockpile reductions. In fact, General Chilton argues the 
     stockpile might have to be increased: ``I would say because 
     of the lack of a production capacity there's a fear that you 
     might need to increase your deployed numbers because of the 
     changing and uncertain strategic environment in the future.''
       Life Extension Programs: Under current policy, the 
     laboratories and plants are constrained to extending the life 
     of existing warheads to keep them in the stockpile for much 
     longer than originally expected. Thus, as the weapons age and 
     concerns are observed, the laboratories and plants determine 
     how best to repair the weapons. Aging components are 
     replaced, remanufactured or inspected for reuse in the 
     stockpile. In performing life extension for the W87 and the 
     ongoing W76, our experts have discovered that it is very 
     difficult to reconstitute processes and capabilities that 
     have been allowed to atrophy. Currently, the W76 warhead is 
     in LEP production, the B61 LEP study is underway and the NPR 
     called for an FY2011 start to a W78/W88 LEP study that will 
     research if the two warheads can be life-extended 
     simultaneously.
       Surveillance: The average age of our current nuclear 
     weapons is approaching 30 years. To ensure that each warhead 
     remains reliable, each year approximately 11 warheads per 
     type should be returned from the military for dismantlement 
     and evaluation. Components are inspected and tested to ensure 
     reliable operation. This program aids in the annual 
     assessment of the stockpile performed by the laboratories and 
     is the lead mechanism for identifying potential stockpile 
     issues. Due to inadequate funding, surveillance requirements 
     have not been met for many years, raising concerns about 
     confidence in the stockpile.
       Deferring Maintenance, Creating Chokepoints: In addition to 
     the CMRR and UPF construction projects to replace aging 
     facilities, a significant number of buildings in our 
     laboratories and plants have been accumulating a backlog of 
     maintenance. This deferred maintenance creates a substantial 
     number of facilities that could (and occasionally do) become 
     a choke point in the progress of a life extension program. 
     Maintenance can only be deferred for so long, until, 
     eventually, something breaks; and when it does break, it is 
     usually much more expensive to replace than routine 
     maintenance would have cost. Reducing deferred maintenance is 
     a demonstration that we are moving from a nuclear weapons 
     complex in decline, to a revitalized and robust capability.
       Critical Skills: Perhaps the most significant attribute of 
     a strong deterrent is the scientific and technical capability 
     that is present in our laboratories and military complex. 
     Maintaining those skills, especially as most nuclear-test 
     experienced weapon designers are past retirement age, is a 
     growing challenge within the NNSA laboratories and plants.
       Hedging: Without a robust production capability, the U.S. 
     maintains a large non-deployed stockpile as a technical hedge 
     against stockpile concerns and a political hedge that allows 
     rapid upload should another nation become increasingly 
     adversarial. With the technical hedge, if one weapon type 
     were discovered to have an urgent issue requiring 
     replacement, alternate components in the force structure 
     theoretically could be used to compensate for that loss of 
     capability. For example, W78 warheads on Minuteman III might 
     be replaced by W87 warheads maintained in storage, and vice-
     versa.
       Delivery Systems: Nuclear weapon delivery systems require 
     replacement within the next thirty years. These systems 
     include:
       The B-52H bomber, first deployed in 1961 and scheduled to 
     be sustained through 2035;
       The B-2 penetrating bomber, deployed in 1993 is currently 
     being updated for long-term sustainment;
       The Air-Launched Cruise Missile (ALCM), deployed in 1981 
     and scheduled to be sustained through 2030;
       The Minuteman III ICBM, deployed in 1970, undergoing life 
     extension and scheduled for replacement by 2030;
       And the ballistic missile submarines and missiles. Ohio-
     class SSBNs were first deployed in 1981 and commence 
     retirement in 2027. The Trident II Submarine Launched 
     Ballistic Missile (SLBM), deployed in 1990, will be sustained 
     through at least 2042, following a life extension.

  Mr. SPECTER. I thank the Chair and yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Nebraska.

                          ____________________




                              1099 REPEAL

  Mr. JOHANNS. Mr. President, we have a distinct opportunity to take 
what I regard as very clear and decisive action to uphold two very 
important principles. We as a Senate, No. 1, support enabling job 
creation. In this regard, repealing the 1099 paperwork mandate helps 
fulfill our promise to clear Federal roadblocks that are stopping small 
businesses from expanding and putting Americans to work.
  Small businesses want to expand. They want to hire more workers. 
Millions of Americans want to get back to work. Yet the tax paperwork 
mandate hidden in the health care law requires businesses to file a 
mountain of additional 1099 tax forms. It will consume resources that 
would otherwise be spent on wages for new employees. Our job creators 
need to be focusing their time and energy on hiring and expanding, not 
dealing with government-directed mounds of paperwork.
  In addition to halting this enormous amount of tax paperwork, full 
repeal would prevent erroneous IRS fines and

[[Page 18180]]

hefty accountant bills from slamming our job creators.
  As the President of the National Federation of Independent Business 
put it:

       You can't operate and grow your business if you are 
     spending all your time filling out IRS forms and haggling 
     with auditors.

  I couldn't agree more, and that is why I have been actively 
advocating for a complete and full repeal of this burdensome 1099 
requirement for many months now. Anything less than a complete repeal 
is simply unacceptable.
  No. 2, we take seriously the concerns of so many Americans with our 
government's out-of-control spending. That is the second principle we 
can stand for today. The elections recently held, I believe, sent a 
very clear message about Washington's spending habits and our enormous 
$14 trillion debt. Voters expressed dismay and alarm with the rate of 
government spending and with enormously good reason. Spending has 
increased by more than 21 percent since 2008 and annual deficits weigh 
in at more than $1 trillion.
  American households across this great country are doing the best they 
can to put food on the table and pay the mortgage. In the face of a 
very difficult economic environment, they are doing everything they can 
to survive. Our families have seen their wages slashed, jobs lost, and 
home values plummet. Their solution to these difficulties isn't to 
continue spending with disregard for the level of their debt. Instead, 
they dig deep and figure out ways to cut costs and to make ends meet. 
Meanwhile, they look at their Federal Government in disbelief when they 
see how we continue to spend money we don't have.
  My amendment takes their concerns to heart by fully offsetting the 
cost of the 1099 repeal. The alternative amendment piles $19 billion of 
debt onto the backs of future generations, further kicking the fiscal 
responsibility can down the road.
  Then-Senator Obama said this in 2006: America has a debt problem and 
a failure of leadership.
  When he refers to the debt problem, he is absolutely right. How true 
that is. Even the sponsor of the alternative has spoken very well on 
this issue. Again, I am quoting, and the board shows the quote:

       There is no one here who would argue the point that our 
     deficits are too high. . . .We have to pay our national debt 
     and then go on and find ways to reduce the budget deficits. I 
     think all of us can agree that is something we have to do.

  Getting our fiscal house in order will not be easy, but for the sake 
of the country's future, we have to take action.
  Today we have an opportunity to do that: No. 1, repeal the onerous 
1099 requirement; and No. 2, without adding a single penny to our 
deficit or to the cost of the health care law.
  Some here may try to argue that we don't have to pay for the repeal. 
I could not disagree more. This repeal should and must be offset. As my 
colleagues may recall, in September, I offered a similar repeal that 
also was fully offset. It did receive significant bipartisan support, 
but some objected to my proposed offsets and came to me on the floor 
and said: I would be with you on this but for the offsets.
  Opponents explained they voted no because they opposed taking money 
from the new health care law. So we sat down and, in the spirit of 
compromise, I took those criticisms to heart and came up with a new, 
noncontroversial way to pay for this needed repeal.
  My amendment uses unspent and unobligated funds from Federal accounts 
to fully pay for the repeal of the 1099 mandate. This fiscally 
responsible approach is not controversial, and it has been done many 
times before. At the end of every year, there is money left in the 
accounts of Federal agencies that has not been obligated for a specific 
purpose. According to the most recent OMB estimate, roughly $684 
billion is just sitting in these accounts at the end of fiscal year 
2010. This almost $700 billion does not include--does not include--
accounts for the Department of Defense or Veterans Affairs. We leave 
them off the table. So my amendment boils down to using about 5 percent 
of these funds--5 percent.
  Additionally, my amendment gives the Office of Management and Budget 
discretion to decide what programs from which the funds can come. 
Again, this is not unusual; it has been done before. This approach is 
better than an across-the-board cut. It allows important programs to be 
spared any reduction. However, let's face it. This funding has been 
available all year long--some of it for several fiscal years. If it was 
important to our Nation, Federal agencies would have spent it now. As a 
former Cabinet member, I ran one of these agencies.
  So there is no basis for the claims about what vital programs this 
amendment might reduce. Again, I emphasize, this has been done many 
times before. It is simply 5 percent of the nonsecurity-related funding 
that was lying dormant in Federal accounts at the end of the year. If 
we cannot agree to this noncontroversial offset, then the public demand 
for fiscal responsibility voiced in November has fallen on deaf ears.
  In September, when the Senate first voted down my 1099 amendment, the 
concern was about the source of the offsets. No one argued that we 
simply did not need to pay for the repeal. No one got up and said: 
Well, we don't have to pay for this. This was never a part of anyone's 
argument. Yet that is exactly what the Baucus alternative amendment 
proposes. It says to our children and grandchildren: It is too tough 
for us to find $19 billion, so we are going to add it to the debt you 
will have to assume. It is a rejection of fiscal responsibility.
  After all the hoopla over pay as you go, the alternative amendment 
doesn't include a single budgetary offset to cover costs. The amendment 
simply says: Let our kids and our grandkids sort it out on top of the 
$14 trillion of debt we are leaving them. That is unfortunate. If we 
can't come together to agree on a few billion dollars in budget 
constraint, how do we ever hope to address the $14 trillion national 
debt?
  Any Senator who votes for the Baucus amendment is sending a clear 
message to his or her constituents that fiscal responsibility is not a 
priority. Any claim otherwise truly does ring hollow.
  So I urge my colleagues to oppose the Baucus alternative and vote for 
the Johanns amendment. It will be a vote to protect our job creators 
and the prosperity of our children and grandchildren. We simply cannot 
keep kicking the fiscal responsibility can down the road.
  I yield the floor and I note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent to speak for up 
to 15 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                  CONGRESSIONALLY DESIGNATED PROJECTS

  Ms. MIKULSKI. Mr. President, I rise today to talk about my opposition 
to an amendment that is going to be offered by the Senator from 
Oklahoma to eliminate congressionally designated projects.
  For me, the job has always been about the people, and the best ideas 
do come from the people. As I have traveled around the State of 
Maryland, whether to worksites or roundtables or unfettered, uncensored 
conversations in diners, I listen to the people. What they tell me is 
that they are mad at Washington because when all is said and done, more 
gets said than gets done. Families are stretched and stressed, and they 
want a government that is on their side. They want a strong economy, a 
safer country, and a government that is as frugal and thrifty as they 
are. People want us to focus on a constitutionally based government.
  I support the people because I feel the same way. I do think we have 
to

[[Page 18181]]

 focus on building a strong economy. We do have to focus on being a 
more frugal government. However, I say to my colleagues, getting rid of 
congressionally designated projects is really a false journey to be on. 
If we eliminate every congressionally designated project--otherwise 
known as earmarks--we won't do anything to reduce the deficit because 
congressionally designated projects are less than one-half of 1 percent 
of total Federal spending. What it will do, however, is make it harder 
to meet compelling human and community needs many of us hear about from 
our constituents. Without these congressionally designated projects, 
often their needs will be cast aside by a big government or a big 
bureaucracy.
  I believe we need to fight for real deficit reduction, and the way we 
do it is to look at the recommendations of the various commissions that 
are being put forward, whether it is Simpson-Bowles or Domenici-Rivlin 
or others.
  What I do think is that we also should maintain our constitutional 
prerogatives of fighting for our constituents and fighting by being 
able to put special projects into the Federal checkbook.
  I have been clearly on the side of reform. We have had many requests 
for earmarks in my Subcommittee on Commerce, Justice, Science. I got $3 
billion worth of requests, including $580 million for police officer 
technology. Another $980 million came for fighting crime, drugs, and 
gangs through enforcement, prevention, and intervention. Also, we got 
$220 million worth of requests in science and in education. We cannot 
fund those at those levels. In fact, we severely reduced them and 
stayed within what we think are acceptable limits. So we need the local 
communities to keep our communities safe, to educate our children in 
science and technology, and make sure we keep our police officers safe 
with earmarks of $3 billion.
  There have been abuses of congressionally designated projects. That 
is why I support reform, and the leadership is focused on reform. In 
2007, new Senate rules began to require full disclosure of these 
projects. In 2009, Senator Inouye insisted on more significant reforms: 
Every project must be posted by Senators on their Web site. Every 
project must be less than 1 percent of the discretionary budget.
  Today, congressionally designated projects--otherwise known as 
earmarks--are 50 percent below what they were when the Republicans 
controlled the Congress. Mr. President, I emphasize that under 
Democratic leadership, we reduced earmarks by 50 percent below what 
they were in 2006, and we made the process open and transparent. I 
think this is very important.
  In the Commerce-Justice bill, I instituted my own reforms. I even 
went a step further. I established criteria that met community needs 
and must be supported by a viable organization, and it must have 
matching funds.
  I have also fought and led the subcommittee in a more aggressive 
reform effort. I provided robust funding to inspectors general to be 
the watchdogs of the agencies. I am the first Senator on an 
appropriations subcommittee to insist that the inspector general 
testify at every one of my subcommittee hearings of an agency on issues 
relating to waste and abuse.
  I established an early warning system on cost overruns, and then I 
reduced overhead by 10 percent by getting rid of lavish banquets and 
conferences and also cutting the amount that could be spent on 
tchotchke giveaways at the conferences they did have. That might sound 
like a small thing, but, my gosh, getting an inspector general there, 
we found all kinds of things under every rock where another couple 
million were hidden and we worked to get rid of that. We also got rid 
of things such as the $4 meatball or $66 for bagels for one person at a 
Department of Justice breakfast. So we said: Let's get rid of the 
folly, let's get rid of the fraud, let's into get into a more frugal 
atmosphere, and we were able to do this.
  I would hope we could institutionalize these reforms. There are 
reforms we could put in place that are common sense, but it would 
enable colleagues to exercise their constitutional prerogative of not 
letting big bureaucracies and big government determine the destiny of 
our communities. I am always going to fight for Maryland. I am not here 
to defend earmarks, but I am here to defend my ability to help 
Maryland. So I oppose Coburn.
  Coburn would have a moratorium for 3 years on appropriations bills, 
authorizing bills and tax bills. I oppose it because I do not think, 
first of all, it will reduce the Federal deficit; secondly, it takes 
away my constitutional power--the power of the purse that was given to 
Congress--to be able to help my constituents; and lastly but most of 
all, I wish to have every tool at my disposal to make sure big 
bureaucracies don't forget the little people who pay the taxes. So I 
hope we defeat Coburn.
  At the same time, what I want to be able to do is stand on the side 
of reform. I can assure my colleagues, if Coburn is defeated, I will do 
everything in the institution to follow the leadership already 
established by Senator Inouye--a real reformer--to further reform our 
process. Let's get rid of abuse, but let's not give away our ability to 
stand and fight for our constituents.
  Let me close by giving a couple examples. The Port of Baltimore 
provides over 1,000 jobs. I want to be ready when those big ships come 
through the Panama Canal, so I have a dredging earmark in that makes my 
port fit for duty for the 21st century.
  I also have another earmark in for Ocean City beach replenishment, 
which we have already done. It protects millions of dollars of real 
estate along Maryland's coast, where we generate over $10 billion in 
tourism.
  I have also funded small projects but big in the hearts of my 
constituents, such as helping with the building of a children's 
hospice. Imagine having a child so sick they require hospice care. The 
least America can do and the least the Senate can do is to partner with 
families, the local government, and people at great institutions, such 
as hospice, to make sure children at the end stage of life have a place 
to be.
  So do I fight for congressional projects? You bet I do. Has it made a 
difference in the lives and economy of Maryland? You bet it does. So we 
can have this moratorium, but I will predict we will be back 15 months 
from now to reinstate it. I say: Let's keep it, let's reform it, let's 
have a stronger economy, safer communities, and a more frugal 
government.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I wish to first acknowledge the Senator 
from Maryland and to say I appreciate her work in reforming the system 
of congressionally initiated projects.
  I also wished to mention, before I get to my main topic today, which 
is the expiration of the volumetric ethanol excise tax, the important 
vote we are having this evening on food safety. As the Chair knows, 
coming from the State of Minnesota, we had three people who died during 
the last foodborne illness tragedy--the salmonella in peanut butter 
episode. One of those individuals included Shirley Ulmer, mother of 
Jeff Ulmer, who has worked so hard to get this bill passed, and we are 
hopeful we have finally gotten the votes to improve our food safety 
system, which hasn't been improved since the 1930s. Clearly, we have 
seen a lot of changes to our food supply since then, and so this is 
long overdue.

                          ____________________




                     VOLUMETRIC ETHANOL EXCISE TAX

  Ms. KLOBUCHAR. Mr. President, I rise to underscore the need to invest 
in homegrown energy and to reduce our dependence on foreign energy. Our 
Nation's ability to produce a reliable low-cost domestic source of 
energy is both an economic issue and a national security issue.
  Two years ago, our Nation got a wake-up call. Gas prices exceeded $4 
a gallon, even $5 in some places. It was a chilling reminder that the 
United States spends more than $400,000 per minute on foreign oil. That 
money is shipped out of our economy, adding to our enormous trade 
deficit and economic woes, and leaving us reliant on

[[Page 18182]]

unstable parts of the world to meet our basic energy needs.
  Some of our colleagues have called for the volumetric ethanol excise 
tax credit--known as VEETC--to expire at the end of December. This tax 
credit was created 5 years ago to help bring ethanol from our farms to 
our gas pumps. It has helped us start to invest in the farmers and the 
workers of the Midwest instead of the oil cartels of the Mideast.
  My colleagues talk about how we need to let the free market solve our 
dependence on foreign energy. Well, I wholly support free markets, but 
I say: Let's have a level playing field and let the best ideas succeed. 
I would like to know if my colleagues truly think there is a level 
playing field for those trying to compete with the oil industry. We 
have an oil industry that has received decades of government support. 
Yet we have an emerging biofuels industry, powered by American farmers, 
that is starting to grow the crops, to improve the ethanol that is 
finally displacing our demand for oil. Over the last few decades, more 
than $360 billion worth of taxpayer subsidies and loopholes have lined 
the pockets of oil companies. This is nearly 10 times greater than the 
investments we have made in homegrown biofuels. Meanwhile, in just the 
last 5 years, the top five oil companies recorded $560 billion in 
profits.
  Since the ethanol tax credit was first adopted, it has helped the 
renewable fuels industry grow and grow not just with the same kind of 
renewable fuel but to begin to expand--as you know, from our home State 
of Minnesota--into cellulosic ethanol, into using water and, a better 
part of the process, into conserving water and into using all kinds of 
new ideas. But to pull the rug out from under this new growing 
industry, when it is competing against the big guys--against big oil--
is the wrong thing to do. In our State alone, employment and economic 
output from the ethanol biofuels industry has doubled. This year's 
biofuels production in Minnesota is expected to exceed 1 billion 
gallons, employing nearly 8,400 people and creating an economic impact 
of more than $3 billion. Instead, do we want to give all those jobs to 
the Mideast, to give them to countries we don't even want to be doing 
business with?
  Nationally, homegrown ethanol displaces about 5 percent of our oil 
consumption or about 350 million barrels. The ethanol industry employed 
nearly half a million Americans to produce the ethanol right here in 
our country. Letting this tax credit expire would almost certainly put 
thousands of jobs in jeopardy and would also increase our dependence on 
foreign oil, thereby hurting our national security. The oil spill in 
the gulf was a poignant reminder. Our addiction to oil comes with 
serious cost and it is time our Nation gets serious about investing in 
alternatives.
  We didn't see a windmill blow up in the middle of a corn field. We 
didn't see an ethanol plant blowing up in the middle of a corn field.
  Senators Conrad and Grassley have called for a 5-year extension of 
the ethanol tax credit, and I support their bipartisan legislation. 
Senator Johnson and I have introduced the Securing America's Future 
with Energy and Sustainable Technologies--the SAFEST Act--with similar 
provisions calling for an extension of the tax credit, but it also 
includes a strong renewable energy standard--something we need in this 
country and something Senator Snowe and I have worked on.
  I see Senator Kerry of Massachusetts is here. I was devoted last year 
to focusing on alternative energy and ways to focus on our homegrown 
energy industry. I know this ethanol tax credit will not always be 
necessary. That is why I have also been working to develop a new more 
cost-effective tax credit that would replace the existing VEETC credit 
and would more directly benefit and focus on the farmers who are 
growing our transportation fuel.
  No one is denying we can improve the tax credit to make it even more 
effective with investments in alternative fuels, but the ethanol 
industry, the biofuels industry, and private investors with billions of 
dollars in capital need to know our Nation is serious about supporting 
alternative fuels. Are we going to pull the rug out from under them? 
Are we going to put our heads in the sand and send all that money 
instead to the Mideast?
  Allowing this tax credit to expire before we can come up with a long-
term agreement about how to continue to invest in homegrown energy 
would send the wrong signal to investors. Letting this tax credit 
expire with no replacement would say America is not serious about 
finding alternatives to oil and we are not serious about reducing our 
dependence on foreign energy.
  Our Nation has an unemployment rate of 9.6 percent. To meet our basic 
fuel needs, we continue to send $730 million a day to foreign 
countries, many of which have been known to funnel money to terrorists. 
Now is not the time to pull that rug out from underneath the largest, 
most established domestic alternative to petroleum fuel. Now is not the 
time to put in jeopardy tens of thousands of jobs. Now is the time to 
extend the biofuels tax credit and invest in those farmers in the 
Midwest instead of those oil cartels in the Mideast. Now is the time to 
increase our support for alternative energy. These investments will 
help us to lower the unemployment rate, reduce the amount of money we 
send overseas to meet our energy needs, and these investments will help 
make our Nation less reliant on unfriendly nations--on those we don't 
want to be doing business with.
  I hope my colleagues will listen to this argument and look at these 
numbers--at how much money the oil industry is getting.
  I note the Senator from Massachusetts is here, and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, I ask unanimous consent to speak as in 
morning business for such time as I will consume.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                            NEW START TREATY

  Mr. KERRY. Mr. President, we are in what we all understand are very 
difficult times--challenging in every respect and certainly with 
respect to the national security concerns of the country. As we speak, 
American soldiers are fighting a war in Afghanistan, winding down a war 
in Iraq, and our Nation has young men and women in harm's way in many 
parts of the world, engaged in a persistent challenge against global 
terrorism. Iran's nuclear program continues to advance, and North Korea 
is building a uranium enrichment facility and provoking the south on a 
regular basis with its military aggression.
  Every single one of these is a complex challenge without any easy 
solution. But in the middle of all these challenges, the Senate has 
been given an opportunity to actually reduce the dangers our country 
faces. We have been given an opportunity set an example for the world. 
We have been given an opportunity to make the decision that would help 
to put greater pressure on Iran, on North Korea or on any other country 
that might be contemplating the notion of moving toward nuclear 
weapons. The Senate has been given the opportunity in the next days to 
express the leadership of our country with respect to moving in the 
opposite direction--away from nuclear weapons to greater controls, 
greater accountability, greater security and safety for our people.
  With one simple vote before we leave here in the next days, we could 
approve the New START treaty and make America and the world more secure 
and take an important step forward in leadership as we express to the 
world our sense of responsibility with respect to the challenge of 
nuclear weapons. That is the opportunity we have. The question before 
every Senator is going to be whether we come here in these next days to 
do the business of the American people, to do our constitutional 
responsibility to advise and consent to a treaty negotiated by the 
executive department of the country.

[[Page 18183]]

  New START is, quite simply, a commonsense agreement to control the 
world's most dangerous weapons and enhance stability between the two 
countries that possess over 90 percent of them. Just think of the 
statement it makes to those countries contemplating where Iran may be 
going when the countries that possess 90 percent of these weapons begin 
to dismantle these weapons and provide intrusive verification steps 
between us for how we will both behave. What an important statement at 
this moment in time with respect to Iranian behavior, with respect to 
North Korean behavior, and what a completely opposite, irresponsible 
decision it would be if the Senate just got bogged down in politics and 
walked away from this moment, unwilling to make that kind of decision 
that offers the leadership that I think the world and certainly the 
American people expect us to make.
  This treaty will limit the number of nuclear weapons Russia can 
deploy to 1,550 warheads. What American who contemplates the nature of 
nuclear war and conflict and the potential damage of 1 weapon, 10 
weapons, 20 weapons--what American does not understand the common sense 
of limiting Russia to 1,550 weapons pointing at the United States of 
America, some of them directly pointing at us even as I stand here and 
speak today?
  This treaty will give us flexibility in deploying our own arsenal so 
we do not have to live by a strict restraint with respect to land or 
sea or air. We have flexibility in which weapons we want to put into 
which modality, and the verification provisions will significantly 
deepen our understanding of Russian forces. It has been almost a full 
year now since the original START treaty and its verification 
procedures expired. Every day since then, insight that treaty provided 
has been degrading.
  New START does more than just restrain the weapons. It does more than 
just provide verification. It actually strengthens the relationship 
between the United States and Russia, and it enhances the global 
nonproliferation regime we signed up to years and years ago during the 
Cold War. It will improve our efforts to constrain Iran and, most 
important, to contain the loose nuclear materials we all fear could one 
day fall into the hands of terrorists and, if not result in a nuclear 
explosion, result in what we call a dirty bomb explosion where nuclear 
material is, in fact, scattered for want of the ability to create a 
nuclear weapon itself but with grave consequences of radioactive 
material doing enormous injury to large populations as a result. 
Already in the 7 months since we signed the New START, Russia has shown 
greater dedication to this renewed relationship. They have supported 
harsher sanctions against Iran. They have suspended the sale of the S-
300 air defense system to Tehran.
  The original START agreement which was the bedrock of the Nunn-Lugar 
Cooperative Threat Reduction Program, a program whereby we are 
currently reducing nuclear warheads with Russia and containing the 
nuclear material--one of the great contributions to nonproliferation of 
modern times--that is the most successful nonproliferation effort to 
date in which any country has engaged. That would be threatened if this 
START agreement does not pass. It is strengthened if the START 
agreement does pass.
  Without the START treaty, the New START treaty--I think nobody 
expresses concern greater than Senator Lugar. Senator Lugar, a 
Republican Senator, has shown enormous leadership on this issue for 
years and years now. He is respected all across the globe by those 
people who follow these issues. He has expressed the urgency of passing 
this treaty now, in this Senate, in this Congress, in this session.
  In summary, the New START helps the United States to lead other 
countries so we help each other to address the lingering dangers of the 
old nuclear age, and it gives us a very important set of tools in order 
to combat the threats of the new nuclear age. Indeed, the single most 
significant question being raised at this point in time is not about 
the substance of the treaty within the four corners of the treaty; it 
is about language external to the treaty with respect to whether it 
somehow might limit our missile defenses. All of us acknowledge that 
those missile defense investments we have made to date will go a long 
way toward helping us to be able to address the threat of rogue states.
  Let me just say as unequivocally as I know how that there is nothing 
in this treaty--there is no way this treaty--there is no way the 
policies of this administration--there is no way any language that is 
formal or binding between our nations or any other language, in fact, 
binds the United States or restrains us from pursuing missile defense. 
The answer with respect to any question on missile defense in this 
treaty is, no, it unequivocally does not restrain America's ability to 
develop and deploy missile defense. What is more, the evidence of that 
was very clear in Lisbon just the other day where the President of the 
United States, together with European countries, publicly announced the 
procedure by which we are going forward to deploy a missile defense in 
Europe in order to deal with the rogue threat problem.
  Let me be even more clear. With respect to the question of any 
limitation of missile defense, the Secretary of Defense, appointed by 
President George W. Bush, says no, there is no limitation on missile 
defense; the Chairman of the Joint Chiefs of Staff says no, there is no 
limitation on missile defense; the commander of our nuclear forces says 
no, no limitation on missile defense; the Director of the Missile 
Defense Agency says no, there is no limitation on missile defense. 
Again and again, senior military leaders have said unambiguously that 
this treaty does not limit our missile defense plans. So, in my 
judgment and the judgment of most people I know who reasonably approach 
this treaty, there is no issue of missile defense with respect to this 
treaty.
  Now we are beginning to hear people say that maybe we do not have 
time, in the context of the lameduck session, to deal with this 
question of American leadership, this constitutional responsibility 
that ought properly to be executed by the Senate that has done all of 
the work on this treaty. There is in that statement about lack of time, 
to some degree, a sort of question: Maybe there are a whole bunch of 
issues out there that just have not been resolved. Let me try to deal 
with that for a moment because I wish to make it very clear that the 
New START treaty's inspection and evaluation and analysis process by 
the Senate and appropriate committees has been extensive and 
exhaustive.
  I wish to make clear what the record says about the time we have to 
consider this treaty. The Senate has been working on this treaty for 
the past year and a half, ever since the negotiations first began.
  Starting in June of 2009, the Foreign Relations Committee was briefed 
at least five times during the talks with the Russians. Senators from 
the Armed Services Committee, the Select Committee on Intelligence, the 
Senate's National Security Working Group--all of them took part in 
those briefings. That was an obligation of this Congress. This Congress 
was present during the briefings with the negotiators, this Congress 
was privy to those negotiations as they went along--something a future 
Congress could not be because the negotiations are over. That 
underscores even more why this is the Congress that is the appropriate 
Congress to deal with this treaty. Roughly 60 U.S. Senators, through 
those committees I named, were able to follow the negotiations in 
detail, and individual Senators had additional opportunities to meet 
with our negotiating team, and a delegation of Senators even traveled 
to Geneva in the fall of 2009 to meet with the negotiators. I might add 
that included Senator Kyl, who has been one of the leading Senators on 
the other side involved in our discussions on this treaty. In other 
words, by the time the New START treaty was formally submitted to the 
Senate in May, the 111th Congress was already steeped in this, deeply 
steeped in this. No other Senate can now replicate the input we had 
into these negotiations.

[[Page 18184]]

  Over the next 6 months after the Senate treaty was submitted, the 
Senate became even more immersed in the treaty's details through 
hearings, briefings, documents, and hundreds upon hundreds of questions 
that were submitted to the administration. Something like 900 questions 
were submitted to the administration, and all of them have been 
answered in full.
  This Senate has done its homework on the New START treaty, and it is 
this Senate that has an obligation to complete the advice and consent 
on that treaty.
  The fact is, there are also very important security reasons for us 
not to wait. Next Sunday, December 5, it will have been 1 year since 
the original START treaty expired--a whole year without on-the-ground 
inspections in Russia. Some people say it doesn't really make a 
difference whether it be a month or 2 months or whatever. I have to 
tell you something: When it comes to nuclear arsenals, every day 
matters. Without this treaty, we know too little about the only arsenal 
in the world that has the potential to destroy the United States.
  As James Clapper, the Director of National Intelligence, said--and he 
does not come to us with an opinion that is clouded by politics; he 
doesn't come to us as a Democrat or a Republican; he comes to us as a 
professional whose task it is to defend the security of our country and 
who has a lifetime career wearing the uniform of our Nation, defending 
our country--he says of ratifying New START, ``I think the earlier, the 
sooner, the better.''
  One of our most solemn responsibilities is this responsibility of 
advice and consent. We have been through a tough political year. The 
American people, we all understand--Senators keep coming to the floor 
and referring to the anger. It is real. It is there. We know the 
American people are angry. But they are angry because the business of 
the country does not seem to get done. They are angry because they see 
a partisan food fight, a political food fight taking place instead of 
the serious business of our Nation.
  I believe other countries are watching us to see whether we can 
fulfill our constitutional responsibilities. Just how well does this 
democracy we sell all over the world actually work? If we can't make it 
work here at home and we can't deliver now, what kind of a message does 
it send about the power of the United States to leverage its values and 
its interests in the challenging world we face today?
  Every Senator has an obligation to ask that question of themselves 
over the course of these next days: Are we a credible partner? Can 
other nations rely on us? What happens when the President of the United 
States negotiates a treaty, and he comes back here and the rest of the 
world sees that treaty bogged down, not in the substance of the treaty 
but in the politics of the day?
  With this vote we can demonstrate our resolve and our leadership, and 
we can demonstrate something about the quality of our democracy. I 
think the schedule of the Foreign Relations Committee shows good-faith 
efforts which we have applied to live up to the Senate's 
responsibility.
  After the treaty was signed in April, Senator Lugar and I worked 
together to set up a bipartisan review of the treaty. Never once did 
Senator Lugar or I approach this in a partisan way. I am grateful to 
Senator Lugar for his exceptional leadership and his willingness to 
stand up to some of the currents of the day and act on the interests of 
the country as he sees them.
  Our primary consideration in the scheduling of witnesses before our 
committee was not whether they would support or oppose the treaty, we 
looked for expertise and we looked for experience. On April 29, the 
committee heard from Bill Perry, former Secretary of Defense, and Jim 
Schlesinger, former Secretary of Defense, Secretary of Energy, and 
Director of Central Intelligence.
  These men recently led the congressionally mandated Strategic Posture 
Commission. They both said we should approve the New START treaty. Dr. 
Schlesinger said it is--this is the quote of Dr. Schlesinger, who 
served a Republican President--``obligatory''--that is his word--
``obligatory for the United States to ratify New START.''
  Dr. Perry told us this treaty advances American security objectives, 
particularly with respect to nuclear proliferation and nuclear 
terrorism. On May 18, the committee held a hearing with Secretary 
Clinton, Secretary Gates, and Admiral Mullen. Admiral Mullen told us 
the New START treaty ``has the full support of your uniformed 
military.''
  Secretary Gates made clear the treaty will not constrain U.S. missile 
defense efforts. He said:

       From the very beginning of this process more than 40 years 
     ago the Russians have hated missile defense. They do not want 
     to devote the resources to it and so they try and stop us 
     from doing it through political means. This treaty does not 
     accomplish that for them.

  That is what Secretary Gates said. The next day, former Secretary of 
State Jim Baker, who helped negotiate START I and helped negotiate 
START II, said that the New START ``appears to take our country in a 
direction that can enhance our national security while at the same time 
reducing the number of nuclear warheads on the planet.''
  A week later, on May 25, Henry Kissinger recommended ratification of 
the treaty. He also cautioned us that rejection of the treaty would, in 
his words, have an ``unsettling impact'' on the international 
environment.
  We also heard from two former National Security Advisers; Stephen 
Hadley, who served under George W. Bush, who told us the treaty is ``a 
modest but nonetheless useful contribution to the security of the 
United States and to international security''; and Brent Scowcroft, who 
served under George H.W. Bush, said he supports the treaty and he told 
us the New START does not restrict our missile defense plans. He said 
the Russian unilateral statement was simply an issue of ``domestic 
politics for the Russians.''
  So we heard from some of the most eminent statesmen this country has 
produced, Republicans and Democrats, with decades and decades of public 
service. They said we should approve this treaty. In all, six former 
Secretaries of State, five former Secretaries of Defense, the Chair and 
Vice Chair of the 9/11 Commission, and numerous other distinguished 
Americans have said it is important we approve New START.
  On July 14, seven former heads of the U.S. Strategic Command and 
Strategic Air Command sent the committee a letter urging approval of 
the treaty. Indeed, some of the strongest support for this treaty has 
come from the military, which unanimously supports the treaty. On June 
16, I chaired a hearing on the U.S. nuclear posture, modernization of 
the nuclear weapons complex, and our missile defense plans.
  GEN Kevin Chilton, commander of the U.S. Strategic Command, which is 
responsible for overseeing our nuclear deterrence, explained why the 
military supports the New START. He said:

       If we don't get the treaty, A, the Russians are not 
     constrained in their development of force structure, and, B, 
     we have no insight into what they are doing. So it is the 
     worst of both possible worlds.

  Again, the commander of the U.S. Strategic Command says not ratifying 
this treaty is the worst of both possible worlds. And LTG Patrick 
O'Reilly, who heads the Missile Defense Agency, told us the New START 
does not limit our missile defense plans.

       I have briefed the Russians, personally in Moscow, on every 
     aspect of our missile defense development. I believe they 
     understand what that is. And that these plans for development 
     are not limited by this Treaty.

  In other words, the Russians know what we intend to do and they 
signed the treaty, nonetheless.
  On July 14, the committee had a closed hearing on monitoring and 
verification of treaty compliance with senior officials from the 
intelligence community. Obviously, that was a highly classified 
briefing. But every Senator is welcome to go down to the Office of 
Senate Security and read the transcript of that hearing, which I 
suspect will stay there and not appear in WikiLeaks.

[[Page 18185]]

  If my colleagues want a public statement on verification, I would 
once again cite what James Clapper, the Director of National 
Intelligence, said last week about ratifying the New START treaty:

       I think the earlier, the sooner, the better. You know the 
     thing is, from an intelligence perspective only--

  This is General Clapper's perspective--

     are we better off with it or without it? We're better off 
     with it.

  The committee also heard testimony from the directors of the Nation's 
three nuclear laboratories. As we all know, much of the debate on the 
treaty has focused on the resources that are needed to sustain our 
nuclear deterrent and modernize our nuclear weapons infrastructure, and 
it was important for our committee to hear from the responsible 
officials directly. They praised the Obama administration's budget 
request for this fiscal year. I suspect my colleague from North Dakota, 
in a few minutes, will have something to say about that additional 
funding for the nuclear modernization program and the plan of action 
that has been outlined.
  I will simply say, again and again, the administration has bent over 
backward to work in good faith openly and accountably with Senator Kyl. 
I have been part of those discussions all along. I think we have acted 
in good faith to try to meet the needs--so much so that we put money 
into the continuing resolution a few months ago, in order to show our 
good faith for this effort to try to produce the modernization funding 
as we go forward.
  In all, the Foreign Relations Committee conducted 12 open and 
classified hearings, featuring more than 20 witnesses. The Armed 
Services and Intelligence Committees held more than eight hearings and 
classified briefings of their own. We did not stack the deck with 
Democrats. In fact, most of the former officials who testified were 
Republicans. Even the executive branch witnesses included several 
holdovers from the last administration--Secretary Gates, Admiral 
Mullen, General Chilton, Lieutenant General O'Reilly--all originally 
appointed to their posts by President Bush.
  Overwhelmingly, these witnesses supported timely ratification of the 
New START treaty. As I have said, some of the strongest endorsements 
came from America's military leaders. The combined wisdom of our 
current and former military and civilian leaders, accumulated over 
decades in service, not to political parties but in service to the 
Nation as a whole, was clear: All of them said this treaty should be 
ratified.
  Over the summer, the committee also reviewed a number of important 
documents, including a National Intelligence Estimate, assessing the 
U.S. capability to monitor compliance with the terms of the New START, 
a State Department report assessing international compliance with arms 
control agreements, including Russia's compliance with the original 
START, the State Department's analysis of the New START's 
verifiability, a classified summary of discussions during the treaty 
negotiations on the issue of missile defense.
  By the end of July, the Foreign Relations Committee had compiled an 
extensive record. We could have reported the treaty out of committee 
then. We had the votes. I was prepared to move forward, but because 
some Republican Senators knew we were prepared to move forward, they 
came and asked for more time to review the treaty and to look at the 
testimony and the documents we had gathered.
  So, in August, in direct response to this Republican request, I made 
a decision as chairman to postpone for 6 weeks, over the course of the 
August recess, until after that so Members would have more time to 
review the record, as the Republicans requested. Frankly, the treaty, I 
have said again and again, is too important to get caught up in 
partisan politics, so I thought it was very important not to allow 
anybody to say we were rushing it.
  We gave that additional time, even though we had the votes. We came 
back afterwards and we dealt with each and every one of the concerns 
that were raised in good faith. Frankly, it is important to have 
reciprocal good faith in the workings of the Senate. Over the next 6 
weeks, I encouraged Senators to contact Senator Lugar and me with their 
comments on a draft resolution of ratification. In discussions with 
Senator Lugar, Senator Corker, Senator Isakson, I made it clear we 
welcomed and needed their input and, indeed, we got their input.
  At the same time, the Armed Services and Intelligence Committees were 
wrapping up their work on the treaty. Senators Levin and McCain each 
wrote to the Foreign Relations Committee with their views on the 
treaty, as did Senators Feinstein and Bond from the Intelligence 
Committee.
  We received the answers to several outstanding questions Senators had 
posed to the administration. In all, over the past 7 months, Senators 
formally submitted some 900 questions to the Obama administration, and 
they have received thorough responses to every one of them.
  By mid-September, our bipartisan work produced a resolution of 
ratification we should all be able to support. Our review process was 
not designed to cheerlead for the treaty. It was designed to probe 
every aspect of the treaty and to come up with a resolution that 
provided the Senate's input and protected the prerogatives of the 
Senate and, indeed, of individual Senator's points of views. That is 
what we have done. At 28 pages, the resolution of ratification--
including 13 conditions, 3 understandings, 10 declarations--addresses 
every serious topic we have discussed over these months. If a Senator 
was worried about the treaty and missile defense, then condition (5), 
understanding (1), and declarations (1) and (2) addressed those issues.
  If they were worried about modernization of our nuclear weapons 
complex and strategic delivery vehicles, then condition (9) and 
declaration (13) addressed those concerns.
  If they were worried about conventional prompt global strike 
capabilities, then conditions (6) and (7), understanding (3) and 
declaration (3) addressed those.
  Worried about tactical nuclear weapons? Well, that is in there. 
Verifying Russian compliance? It is in there. Even the concern that was 
raised about rail-mobile missiles was fully addressed in the resolution 
of ratification.
  In short, the resolution is the product of careful, bipartisan 
deliberation and collaboration intended to address each of the concerns 
that was raised. That does not mean the resolution is perfect. It does 
not mean it could not possibly be further improved. But in the past 
weeks, I have been reaching out to colleagues to get additional ideas. 
I will be happy to consider any germane amendment that colleagues might 
propose. But the only way to do that is by having the floor debate on 
this treaty.
  With the Senate now back in session, there are 33 days before the end 
of the year. All of us would obviously not like to repeat what happened 
last year and not be here right up until Christmas Eve. But there is 
plenty of time in the next 3 weeks for debate.
  Look at the record. The original START agreement was a far more 
dramatic treaty than the New START because its cuts were sharper and 
because the Soviet Union had just collapsed, leaving tremendous 
uncertainty in its wake. Yet the full Senate needed only 5 days of 
floor time before it approved that treaty, by a vote of 93 to 6, a far 
more complicated and far more provocative, if you will, treaty at that 
time.
  The START II treaty took only 2 days on the floor in the Senate 
before it was approved by a vote of 87 to 4.
  So leave the precedent aside for a moment. When it comes to 
protecting our national security, the American people expect us to make 
time. That is exactly what we are prepared to do.
  We are prepared to work around the clock. If time is the only 
concern, then we have no concerns. Given the time that it took to 
consider past treaties, it is clear we can do this. We are not new to 
this business. We are not new to this treaty. We could get this done if

[[Page 18186]]

there is a will to do so. I know some Senators still worry about the 
administration's plans with respect to modernization of the nuclear 
weapons complex. That is not directly within the four corners of the 
treaty, but I understand their concern. So let's review the work very 
quickly that has been done there.
  The Obama administration proposed spending $80 billion over the next 
10 years. That is a 15-percent increase over the baseline budget, even 
after accounting for inflation. It is much more than was spent during 
the Bush administration's 8 years. Still some Senators have concerns.
  On September 15, the Vice President assured our committee that the 
10-year plan would be updated and a revised 2012 budget figure would be 
provided this fall. In the meantime, because I believed that the 
nuclear weapons program ought to be adequately funded, I worked with 
other colleagues--with the leader and Senators Dorgan and Inouye--to 
guarantee that an anomaly in the continuing resolution that we passed 
in October provided an additional $100 million for the past 2 months. 
It ensured that we would get the updated figures from the 
administration. The administration has now provided those figures. It 
is asking for an additional $5 billion over the next 10 years.
  I remind colleagues that according to the resolution of ratification, 
if any of this funding does not materialize in future years, the 
President will be required to report to Congress as to how he is going 
to address the shortfall. But if the Senate does not now approve the 
ratification of the New START, it will become increasingly difficult 
without any requirement for a report, and it will become increasingly 
difficult to provide that funding. That is a solid reason why we ought 
to get this done now.
  Ultimately, bottom line, we need to approve this treaty because it is 
critical to the security of our country. It is better to have fewer 
nuclear weapons aimed at the United States. It is better to have the 
right to inspect Russian facilities. It is better to have Russia as an 
ally in our efforts to contain Iran and North Korea and in order to 
deal with the global proliferation challenge. Our military thinks it is 
better to have these things. If any of my colleagues disagree, let them 
make their case to the full Senate. That is the way it is supposed to 
work around here. Let them make their case to the American people. If 
the American people said anything in this election year, it is that 
Congress needs to get down to the real business of our Nation. If the 
national security of our Nation is not the real business, I don't know 
what is. They have asked us to protect American interests. By ratifying 
this treaty, we will do so.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I thank the Senator from Massachusetts. 
Senator Kerry, as chairman of the committee, has done an extraordinary 
job. I also mention Senator Lugar and others who have worked very hard 
on the issue of the ratification of the START treaty. I was a member of 
the Senate National Security Working Group, and the Administration kept 
us informed all along the way during the negotiations with the 
Russians. We had meetings in various locations and were briefed by the 
negotiators who described to us what the negotiations were about, what 
the progress was, and so on. Some of my colleagues from this Chamber 
who were a part of that National Security Working Group came to the 
meetings. We all had an opportunity to ask a lot of questions. It is 
not as if someone just dropped on the Senate some package called the 
START treaty. We have been a part of that all along and have been a 
part of having discussions and descriptions of the work of this treaty 
for some long while.
  I wish to go through a couple of things today. First, some colleagues 
have decided we should not proceed with the ratification of this new 
arms reduction treaty that we have negotiated with the Russians. Some 
have alleged that there are all kinds of difficulties with it. They say 
it would limit our ability to produce and deploy an antiballistic 
missile. That is not the case. It is not accurate. They are suggesting 
that our modernization program of existing nuclear weapons or the 
lifetime extension programs for existing nuclear weapons is not funded 
sufficiently, and that is not the case. They indicate it would not meet 
our national security requirements to go ahead with this treaty.
  Let me describe what some very distinguished Americans who would know 
about this have said. The Chairman of the Joint Chiefs, Admiral Mike 
Mullen, said: I, as well as our combatant commanders around the world, 
stand solidly behind this new treaty.
  That is from the Chairman of Joint Chiefs of Staff.
  This is General Chilton, commander of the Strategic Command that is 
in charge of our nuclear weapons. He says:

       The United States strategic command was closely consulted 
     throughout the development of the nuclear posture review and 
     during negotiations on the new strategic arms reduction 
     treaty. . . .
       What we negotiated is absolutely acceptable to the United 
     States strategic command for what we need to do to provide a 
     deterrent for the country.

  This chart pictures former nuclear commanders who support this 
treaty: Generals Davis, Welch, Chain, and Butler, Admiral Chiles, 
General Habiger, Admiral Ellis. I have worked with many of these folks, 
and they are very respected. All of them believe this treaty is the 
right thing for this country and its security.
  Dr. Henry Kissinger says:

       It should be noted I come from the hawkish side of this 
     debate so I'm not here advocating these measures in the 
     abstract. I try to build them into my perception of the 
     national interest. I recommend ratification of this treaty.

  This chart shows America's most prominent national security experts 
who support this New START treaty, Republicans and Democrats, the most 
significant thinkers about foreign policy in this country today. They 
say they support this treaty and what it means to the country.
  Some have said there is not enough funding for our modernization 
program for existing nuclear weapons or for the lifetime extension 
program for existing nuclear weapons, and that would be a problem. They 
are wrong about that. Let me describe what Linton Brooks, the former 
NNSA administrator in charge of these areas, nuclear weapons and the 
modernization and the lifetime extension programs, says, someone who 
served under the Bush administration in that role:

       As I understand it, it is a good idea on its own merits, 
     but I think for those who think it is only a good idea if you 
     only have a strong weapons program, this budget ought to take 
     care of that. Coupled with the outyear projections, it takes 
     care of the concerns about the complex and it does very good 
     things about the stockpile. And it should keep the labs 
     healthy.

  Then he said:

       I would have killed for this budget.

  This is from the man who headed NNSA during the Bush administration.
  Let me go through the issue of spending because one of the principal 
concerns has been we are not spending enough money on the existing 
nuclear weapons stockpile. There are roughly 25,000 nuclear weapons in 
this world. With respect to our portion of those nuclear weapons, we 
modernize them. We have life extension programs to make certain they 
can be certified as workable nuclear weapons, notwithstanding the fact 
that we don't ever want to have to see that one works because it seems 
to me the explosion of a nuclear weapon in a major city will change 
everything in the future. But, nonetheless, we have a certification 
program. We spend a great deal of money modernizing and keeping up to 
date with lifetime extension programs, the existing stock of nuclear 
weapons.
  I chair the appropriations subcommittee that funds the nuclear 
weapons stockpile among other things. The Appropriations Committee 
considered a request from the President this year for $7 billion for 
these weapons programs. In my subcommittee, which does a lot of 
things--energy and water programs and nuclear weapons--almost

[[Page 18187]]

everything else was either flatlined or reduced. But nuclear weapons 
was increased substantially. The $7 billion the President requested was 
a 10-percent increase over the previous year. Some of my colleagues 
have said that leaves us way short of what we need.
  That $7 billion was put into the continuing resolution in November. 
There wasn't much discussion of that. So while virtually all other 
functions of government will continue to function at last year's 
appropriations level, the nuclear NNSA, nuclear weapons function, will 
be able to spend at the new funding level of $7 billion, up 10 percent 
from the previous year.
  Let me also describe what has happened with respect to fiscal years 
2011 to 2015. The President's budget plan for those years provided $5.4 
billion above the previous plan. So this President has proposed 
generous appropriations to make certain that modernization and the life 
extension programs of existing nuclear weapons is funded well. I 
mentioned it went to $7 billion.
  Now, in November, the President sent a report to Congress which 
reported that he plans to request $7.6 billion for the year 2012. That 
is a $600 million increase over 2011 which was a $600 million increase 
over 2010. Overall, the request in this new report is a $4.1 billion 
increase over the baseline during 2012 to 2016. So then we will be 
spending $85 billion in the 10-year period, $85 billion on 
modernization of our current nuclear stockpile and the life extension 
program in our current nuclear stockpile, and even that is not enough. 
We are told that is not nearly enough money.
  How much is enough? If we can certify the stockpile works and the 
stockpile provides a deterrent, how much is enough? This President has 
robustly funded the requests that were needed. Now we are told not 
nearly enough money has been appropriated.
  By the way, those who are saying this are saying we need to 
substantially cut Federal spending and reduce the Federal budget 
deficit. Very interesting.
  Let me relate, as I have in the past, something that happened over 9 
years ago to describe the importance of this subject. On 9/11/2001, 
this country was attacked. One month later, October 11, 2001, there was 
a report by a CIA agent code named Dragonfire. One of our agents had a 
report that said there was a nuclear weapon smuggled into New York, a 
10-kiloton Russian nuclear weapon stolen and smuggled into New York by 
terrorists to be detonated. That was 1 month to the day after 9/11. 
That report from the CIA agent caused apoplexy among the entire 
national security community. It was not public at that point. It was 
not made public.
  After about a month, they decided that it was perhaps not a credible 
piece of intelligence. But when they did the post mortem, they 
discovered that clearly someone could have stolen a Russian nuclear 
weapon, perhaps a 10-kiloton weapon, and could have smuggled it into 
New York City. A terrorist group could have detonated it, and a couple 
hundred thousand people could have perished--one stolen nuclear weapon. 
There are 25,000 of them on the planet--25,000.
  The question is, Do these agreements matter? Do they make a 
difference? Of course, they do. The fact is, nuclear arms agreements 
have made a very big difference.
  I have had in the drawer of my desk for a long period a couple of 
things I would like unanimous consent to show.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DORGAN. This is a piece of metal from a Soviet Backfire bomber. 
We didn't shoot this bomber down. It was sawed off. They sawed the 
wings off this bomber. They did it because we paid for it under the 
Nunn-Lugar agreement in which we have actually reduced nuclear weapons, 
both delivery vehicles and nuclear weapons.
  So I have in my desk a piece of a Soviet bomber that had its wings 
sheared off because of a US-Russian agreement, and that delivery system 
is gone. I have a hinge that was on a silo in Ukraine for a missile 
that had on it a nuclear weapon aimed at this country. Well, that 
missile is now gone. I have the hinge in my hand. That missile that 
held a nuclear warhead aimed at America is gone. In its place on that 
field are sunflowers--sunflowers--not missiles.
  I have in this desk as well some copper wire that was ground up from 
a Soviet submarine that was dismantled as a result of a US-Russian arms 
control agreement. These agreements work. We know they work. We have 
reduced the number of delivery vehicles; yes, submarines, bombers, 
missiles. We have reduced the number of nuclear weapons. This agreement 
will further reduce the number of nuclear weapons.
  Now, if it is not the responsibility of our country to begin 
addressing the ability to stop the spread of nuclear weapons and to 
reduce the number of nuclear weapons on the face of this Earth, then 
whose responsibility is it? It is clearly our responsibility to 
shoulder that leadership. One important element of that is when we 
negotiate these kinds of treaties, arms reduction treaties, that 
virtually everyone--Republicans and Democrats who know anything at all 
about national security and about arms reduction agreements--has said 
makes sense for our country, when we do that, it seems to me we ought 
not have the same old thing on the floor of the Senate, and this ought 
not be a part of gridlock.
  This is a negotiation between our country and Russia with respect to 
reducing delivery vehicles and reducing nuclear weapons. The National 
Security Working Group, of which I was a member--and a number of my 
colleagues were members--met in this Capitol Building, and we were 
briefed and briefed and briefed again by those who were negotiating 
this treaty. This is not a surprise. There is nothing surprising here. 
In my judgment, this Senate should, in this month, do what is necessary 
to have the debate and ratify this treaty.
  Again, let my say, this President sent to the Congress a budget 
request that had ample and robust funding, with a 10-percent increase 
for modernization and life extension programs for our nuclear weapons. 
I know that because I chaired the committee that put in the money at 
the President's request.
  Then, because of those who believed you had to have the extra money 
for the nuclear weapons program, that money was put in a continuing 
resolution so that program goes ahead with a 10-percent increase, while 
the rest of the Federal Government goes on at last year's level. I did 
not object to that. But I do object when they say there is not ample 
funding here--a 10-percent increase this year, a 10-percent increase 
next year. Testimony by everyone who knows about these weapons 
programs, the cost of them and the effectiveness of these treaties, 
ought to be demonstration enough for us to do our job and to do our job 
right.
  We have a lot of important issues in front of us. I understand that. 
But all of these issues will pale by comparison if we do not find a way 
to get our arms around this question of stopping the spread of nuclear 
weapons and reducing the number of nuclear weapons. If one, God 
forbid--one--nuclear weapon is exploded in a city on this planet, life 
on this planet will change.
  So the question of whether we assume the responsibility of 
leadership--whether we are willing to assume that responsibility--will 
determine in large part, it seems to me, about our future and about 
whether we will have a world in which we systematically and 
consistently reduce the number of nuclear weapons and therefore reduce 
the threat of nuclear weapons in the future.
  I do hope my colleagues--and, by the way, I do not suggest they are 
operating in bad faith at all. But some of my colleagues have 
insisted--insisted--there is not enough funding. It is just not the 
case. The demonstration is clear. It is the one area that has had 
consistent, robust increases in funding, requested by this President, 
and complied with by this Congress, and now even advance funding 
through the continuing resolution. It seems to me it is time to take 
yes for an answer on the question of funding, and let's move ahead and 
debate this treaty and do

[[Page 18188]]

what this country has a responsibility to do: ratify this treaty, and 
do it soon.
  Mr. President, I yield the floor.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Morning business is closed.

                          ____________________




                   FDA FOOD SAFETY MODERNIZATION ACT

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 510, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (S. 510) to amend the Federal Food, Drug, and 
     Cosmetic Act with respect to the safety of the food supply.

  Pending:

       Reid (for Harkin) amendment No. 4715, in the nature of a 
     substitute.

  The ACTING PRESIDENT pro tempore. The Senator from Nebraska.
  Mr. JOHANNS. Mr. President, I do not see Senator Baucus in the 
Chamber, so I will go ahead and get started. My understanding is we 
will be going back and forth. So I will finish my opening remarks, and 
then if he arrives I will yield to him.
  In just a few hours Senators are going to have a distinct choice. Two 
amendments will be offered to repeal what I think we have all come to 
regard as a very nonsensical tax paperwork mandate that was included in 
the health care reform bill.
  There is broad agreement the 1099 repeal is necessary to remove 
Federal roadblocks to job creation. But today we have a choice on the 
two amendments. Today's choice comes down to what I regard as a very 
straightforward choice, a choice relative to fiscal responsibility, and 
it is illustrated by the chart I have in the Chamber.
  My amendment fully offsets the cost of the 1099 repeal. The 
alternative Baucus amendment piles $19 billion of debt onto the backs 
of future generations. The irony of this is just unmistakable. On one 
hand, we have a provision in the health care law that we have all come 
to regard as crazy, foolishness. Even the President has said it does 
not make any sense--or words to that effect.
  On one hand, to repeal it, we are adding to the debt of future 
generations. On the other hand, my amendment fully offsets that cost.
  Americans have sounded an alarm regarding Washington's out-of-control 
spending. They demand we address what is a huge $14 trillion debt. They 
look at their Federal Government in disbelief when they see Washington 
continuing to spend money we simply do not have.
  Yet the alternative amendment proposes to do more of the same. It 
does not have a single offset. It simply passes the buck, and in this 
case it passes the buck to our children and grandchildren.
  Now, both amendments, as you can see from the chart, repeal the 1099 
requirement. But in the case of the Johanns amendment, it repeals the 
1099 requirement without adding a single penny to our deficit or to the 
cost of the health care bill.
  It also has taken care of the issue of the controversial offsets. As 
my colleagues remember, I listened in September when many came up to me 
and said: Look, I am with you on repealing this 1099 provision. My 
small businesses are asking me to get it repealed. But I just cannot go 
along with your offsets. Well, my new 1099 amendment uses unspent and 
unobligated funds from Federal accounts to fully pay for the repeal.
  At the end of every year, there is money left in the accounts of 
Federal agencies that is not obligated. As someone who was a Cabinet 
official in a previous life, I can tell you that occurs. My amendment 
boils down to using about 5 percent of these funds--5 percent.
  Additionally, the amendment I am offering gives the Office of 
Management and Budget the ability to decide what programs to pull funds 
from and in what amounts. This approach is far better than an across-
the-board cut, and it allows important programs to continue to be 
funded.
  Some are probably going to argue: Whoa, this is historic. This has 
never been done before. But I want to assure my colleagues, it has been 
done repeatedly.
  If my colleagues choose the alternative amendment in a few hours, 
then the public demand for fiscal responsibility will have fallen on 
deaf ears. In September, when the Senate first voted down my 1099 
amendment, the concern was about the source of the offsets. It was the 
health care bill, and many said to me: Look, I am with you, but I 
cannot go along with these offsets. So we changed them. But back then, 
no one--no one--argued that we simply did not need to pay for the 
repeal. No one argued that. Yet today the Baucus alternative amendment 
proposes no pay-fors, adding $19 billion to the national debt, without 
a dime of budgetary offsets.
  So after all the hoopla about pay as you go, there is not a single 
budgetary offset to cover the cost of this amendment. So I urge all of 
my colleagues to vote for the fully offset Johanns amendment. It will 
be a vote to protect our job creators. It will be a bipartisan vote 
because we have all come to agree that this 1099 provision does not 
make any sense. And, most importantly, when we talk to our constituents 
about how we did this, we will be able to clearly tell them we paid for 
it, we took care of the cost of repealing the 1099 amendment with 
offsets that were a compromise to try to get this done and get this 
behind us.
  Several of my colleagues also want to speak on this issue, so I am 
going to yield 5 minutes of my time to Senator Enzi, followed by 5 
minutes to Senator Thune, 5 minutes to Senator Brown, and 5 minutes to 
Senator Hutchison. So I yield to Senator Enzi.
  The ACTING PRESIDENT pro tempore. The Senator from Wyoming.
  Mr. ENZI. Mr. President, I rise today to speak about the Johanns 
amendment that would repeal a provision in the health care reform law 
that, if not repealed today, will impose significant burdens on small 
businesses across this country.
  Repealing this provision has the support of many of my colleagues on 
both sides of the aisle. Even the President has commented that this 
provision is onerous on small businesses and warrants immediate 
adjustment.
  Starting in 2012, the new health care law will require that all 
businesses purchasing $600 or more in property or services from another 
entity, including corporations, must provide the vendor and the 
Internal Revenue Service with a tax information return. This new 
government mandate will impose significant burdens on both small and 
large businesses, and taxpayers' costs will increase as a result of 
accumulating the information and preparing the tax forms necessary to 
comply with this expanded mandate.
  Imagine if you are a freelance writer and you buy a new laptop. Well, 
now you have to send form 1099 to Apple and to the IRS or be labeled a 
tax cheat. Oh, and you will need the Apple taxpayer identification 
number too, so do not forget to ask the salesman for that.
  This new reporting requirement hits small businesses hardest because 
they typically do not have in-house accounting departments and have to 
hire outside help. Every penny a small business spends on these 
services is money they cannot spend on hiring new workers and expanding 
their business. Every hour a small business owner spends filling out 
these new tax forms is time he or she is not making a sale, 
manufacturing a product, or working with a customer.
  I understand the challenges this can create for small business. 
Before I came to the Senate, my wife and I owned shoe stores in 
Wyoming. When you own a small business, you have to be the CEO, the 
bookkeeper, the salesman, and the person who cleans the bathroom.
  Every hour I spent filling out government-mandated paperwork was an 
hour I could not spend selling shoes. Government mandates such as the 
new 1099 requirement have a real cost, and it is small businesses that 
will end up having to pay them.

[[Page 18189]]

  This new 1099 reporting requirement is just one of many things in the 
new health care reform law that need to be reexamined immediately. Our 
small businesses need to be focused on creating jobs and helping our 
economy recover, not spending countless hours on new government 
paperwork burdens.
  We all would do well to remember the claims of the sponsors of the 
health care reform law who said this new law would actually reduce the 
Federal deficit. Most Americans didn't believe those claims when they 
were made, and today they are seeing the first evidence of their 
falsity.
  Today, when confronted with the nationwide opposition to this ill-
conceived expanded information reporting policy, one of the leading 
proponents of the new health care law in the Senate is offering an 
amendment that will eliminate it, but it eliminates the revenues it 
produces. More importantly, his amendment makes no attempt to pay for 
the lost revenues. That means his amendment will further increase the 
Federal deficit.
  While this may be the first time we see this, it certainly will not 
be the last. The funding for the entire health care law was built on a 
fiction of cost estimates and actuarial assumptions. As each of these 
provisions confronts the harsh reality of the light of day, we will see 
more and more of these provisions undone in the coming years. When 
millions of seniors across the country lose existing Medicare benefits 
and face escalating out-of-pocket costs, there will be an urgent push 
to restore these benefits. When hospitals, nursing homes, and home 
health agencies begin to close their doors because Medicare payment 
rates cause them to operate at a loss, Congress will move to undo those 
cuts, at a cost to the deficit. When the new insurance benefits are 
slashed as a result of formula gimmicks that will force automatic 
reductions in benefits, I suspect many of the supporters of the new law 
will argue for the urgent necessity of delaying these cuts.
  We can make a statement right now to America's small businesses that 
we want them creating more jobs, hiring new employees, and growing 
their businesses--not worrying about what Washington will require of 
them next. Let's tell our small business men and women that we stand 
behind them, not on top of their backs, and let's repeal this new tax 
paperwork burden in a fiscally responsible way.
  Mr. President, I yield the floor and reserve the remainder of the 
time.
  The ACTING PRESIDENT pro tempore. The Senator from Montana.
  Mr. BAUCUS. Mr. President, at 6:30 this evening, the Senate will vote 
on the motion to invoke cloture on the substitute amendment to the food 
safety bill. Under a previous order, once cloture is invoked, there was 
to be up to 60 minutes of debate on competing motions to suspend rule 
XXII offered by Senator Johanns and myself. I understand that the two 
leaders intend to propound an agreement that would provide for the 
Senate to vote on our two motions immediately after the cloture vote 
this evening. So Senators should be on notice that there may be three 
back-to-back votes beginning at 6:30.
  The Senator from Nebraska and I share a common goal. We both want to 
repeal some IRS reporting requirements scheduled to take effect in the 
year 2012. Each of our two motions would allow consideration of an 
amendment to prevent the expansion of those IRS reporting rules. Thus, 
each of our two amendments would help small businesses across America. 
How? By repealing these burdensome paperwork requirements.
  But there are two big differences between our two amendments. First, 
my alternative is especially friendly to small businesses. It takes 
extra measures to permit the IRS to waive certain duplicative reporting 
requirements that small businesses now must experience; that is, the 
small businesses that use credit cards to pay their bills. My 
alternative goes further and gives more relief to small businesses. 
Second, our two versions differ as far as paying for the change. The 
alternative offered by my colleague from Nebraska would give the 
unelected Director of OMB unprecedented authority to slash spending all 
on his own. The Johanns alternative would thus abdicate Congress's 
responsibility over the budget. For these reasons, I urge my colleagues 
to oppose the Johanns amendment and support my alternative.
  First, let me talk about what we have in common. Each of our two 
amendments is designed to get rid of a set of rules that requires 
reporting to the IRS. Many have referred to these rules as the ``1099 
provision.'' That is because these new rules would require filing more 
IRS forms numbered 1099. These rules would impose new paperwork burdens 
and costs on small businesses, and these burdens would fall on small 
businesses just as they are struggling to emerge from the great 
recession. The new rules expand existing information reporting to the 
IRS to include payments that businesses make to corporations and 
payments they make for goods and property.
  As I travel around my home State of Montana, I listen to small 
business owners such as Darrell Keck. Darrell owns the Dixie Inn in 
Shelby, MT. Darrell and his wife Jeanne run a tight ship. They are hard 
working. They pay their taxes. Darrell told me that he and his wife 
just do not have the manpower or the software to make the new reporting 
rules work. And Darrell and his wife Jeanne run just one business of 
the many mom-and-pop businesses in Montana that have told me this. I 
daresay most of the Members of this body hear the same things I hear as 
they travel. I have listened to small businesses. I have heard them. I 
am responding to small businesses by offering this amendment. My 
amendment would fully repeal the new reporting requirements--fully.
  My amendment also responds to the concerns of owners of rental 
property. Some of these owners were concerned about their ability to 
comply with new rental expense information reporting rules included in 
the small business bill which Congress enacted just this last 
September. My amendment would scale back those rules. My amendment 
would apply the same rules to rental expense reporting as would apply 
to all businesses.
  Now let me turn to the differences between my amendment and the 
Johanns amendment.
  First, my amendment includes another feature that would further 
reduce the paperwork burdens on small businesses. My amendment would 
grant the Secretary of the Treasury the authority to issue regulations 
to avoid duplicative reporting. The Treasury has issued guidance under 
similar authority to allow small businesses that use credit cards to 
forgo reporting expenses they pay with their credit cards. Under this 
new guidance, to the extent small businesses use their credit cards to 
pay service vendors, they would actually have even less compliance 
burden than they did under the old law; that is, before the new 
requirement.
  The competing amendment offered by my colleague from Nebraska would 
repeal the Treasury's authority to make rules to avoid duplicative 
reporting. It would repeal it. Doing so would thus risk placing undue 
and unnecessary paperwork burdens on small businesses that use credit 
cards to pay their bills.
  So my alternative is especially friendly to small businesses. It 
takes extra measures to permit the IRS to waive duplicative reporting, 
especially those requirements for small businesses that use credit 
cards.
  The second main difference between our two amendments is the offset 
in the Johanns amendment--and this is a big one. The Joint Tax 
Committee estimates that the tax law changes in the Johanns amendment 
would cost about $22 billion.
  The Johanns amendment also includes a cut of $39 billion in 
appropriated funds, to be determined by the Office of Management and 
Budget. The Johanns amendment cuts about twice what it needs to do to 
pay for the repeal of the reporting requirements. As a matter of 
dollars and cents, the Johanns amendment is mostly about cutting 
appropriated spending. That is what it really is. So it is not about 
repealing the reporting requirement. To make these spending cuts, the 
Johanns

[[Page 18190]]

amendment would give the unelected Director of OMB unprecedented 
authority to determine the source of this funding, and that would 
abdicate congressional responsibility over the budget.
  The Joint Tax Committee estimates that my amendment would cost about 
$19 billion. That is a little less than the tax part of the Johanns 
amendment. But my amendment does not include an offset. These days, 
finding a $19 billion offset that can get 67 votes is pretty close to 
impossible. We have spent much of this year haggling over one offset or 
another. My amendment tries to avoid that.
  We are talking about a paperwork requirement that has not yet even 
taken effect and, in fact, will not take effect, if not repealed, until 
the year 2012. Let's just repeal this reporting requirement. Let's just 
get it done. Let's just repeal it lock, stock, and barrel. Let's just 
get it done and not do all of these extra, other things which really 
are not good policy.
  The IRS has used form 1099 for decades to better track income, but 
the new reporting rules just went too far. The time that it spends for 
small businesses to comply with the new rules far exceeds any benefit.
  Especially in these tough economic times, now is not the time to put 
additional stress on small businesses to meet complicated government 
rules. Rather, now is the time to eliminate this paperwork burden. 
Small businesses are the backbone of the American economy. That is 
especially true in Montana. In Montana, a greater share of workers work 
in small businesses than in any other State in the country--a greater 
proportion than in any other State in the country. Business owners need 
to focus their efforts on growing their businesses and creating jobs, 
not filling out paperwork.
  Small businesses in Montana and across America want to comply with 
tax laws, but these new rules stretch their ability to do that. It just 
went too far. I urge my colleagues to support their full repeal. But 
let's not hand over a blank check to the OMB Director to slash $39 
billion wherever he wants. That part of the Johanns amendment also goes 
too far. So I urge my colleagues to help small businesses. I urge my 
colleagues to avoid sweeping delegations of power to an unelected OMB 
Director. Thus, I urge my colleagues to oppose the Johanns amendment 
and support the Baucus amendment when it comes up for a vote this 
evening.
  Mr. President, I have a unanimous consent request which I understand 
has been cleared on both sides.
  I ask unanimous consent that the agreement with respect to S. 510 be 
modified as follows:
  That after the cloture vote at 6:30 p.m. today, and if cloture is 
invoked, then all debate time with respect to the Johanns and Baucus 
motions be considered expired; Senator Johanns be recognized to offer 
his motion to suspend; that once the motion has been made, Senator 
Baucus then be recognized to offer his motion to suspend; that once 
made, the Senate then proceed to vote with respect to the Johanns 
amendment to suspend; that upon disposition of that motion, the Senate 
then proceed to vote with respect to the Baucus motion to suspend; that 
upon disposition of those two motions, Senator Coburn then be 
recognized as provided for under the order of November 18 and 19; that 
all debate time with respect to the Coburn motion be utilized during 
today's session; that at 9 a.m. Tuesday, November 30, after the prayer 
and the pledge and any leader time, the Senate then resume 
consideration of S. 510 with 2 minutes of debate, equally divided and 
controlled between Senators Coburn and Inouye, prior to the vote in 
relation to the Coburn motion regarding earmarks, No. 4697; that upon 
disposition of that motion, there be 2 minutes of debate equally 
divided and controlled in the usual form; that the Senate then proceed 
to vote with respect to the Coburn motion regarding the substitute 
amendment No. 4696; further, that any other provisions of the previous 
order remain in effect; provided further that prior to passage of the 
bill, the Budget Committee pay-go statement be read into the record; 
further, that after the first vote today and tomorrow, the succeeding 
votes be limited to 10 minutes each; and that prior to the succeeding 
votes tonight, there be 2 minutes equally divided and controlled in the 
usual form.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. INHOFE. Reserving the right to object.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, it is my intention that I be heard tonight 
concerning some of the amendments to be voted on tomorrow. It is my 
understanding further that Senator Enzi from Wyoming has the time 
between 5:30 and 6 o'clock. I request that I be recognized for 15 
minutes during that timeframe.
  Mr. BAUCUS. Reserving the right to object, Mr. President, may I 
further amend that request to provide that after the swearing in of 
Senator-elect Kirk, the time be equally divided until 6:30 p.m. this 
evening, and that the Senator from Oklahoma be recognized to speak for 
15 minutes, and the time to be divided between the two leaders or their 
designees.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. INHOFE. What time will that be approximately, right after the 
vote or before?
  Mr. BAUCUS. Before.
  Mr. INHOFE. Before. No objection.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from South Dakota is recognized.
  Mr. THUNE. Mr. President, I ask unanimous consent to be added as a 
cosponsor of the Johanns amendment No. 4702 to S. 510, the Food Safety 
Modernization Act.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. THUNE. Mr. President, I compliment the Senator from Nebraska for 
his leadership on this issue. He has done a great job advocating on 
behalf of small businesses, farmers, ranchers, and all the people to be 
impacted by this onerous provision in the health care bill.
  I fear this is something we are going to be doing and repeating quite 
frequently in the years ahead as more Americans find out what is in the 
Democrats' health care bill. This is egregious because it requires 
various entities to send suppliers 1099 forms if they engage in 
business-to-business transactions totaling more than $600 in a single 
year.
  While I believe everyone ought to pay their fair share of taxes, I am 
concerned that the burden of compliance falls not on the tax 
delinquents but instead on the countless businesses, churches, local 
governments, and nonprofits that pay their taxes on time and in full or 
may not even have a tax liability.
  This means these entities will have less time to fulfill their core 
missions, whether that is building products, administering to the poor, 
helping students learn or building local infrastructure. Instead, they 
are going to be filling out form after form to become compliant with 
this measure.
  Because of the heavy compliance costs associated with this measure, 
its repeal is supported by a wide variety of business organizations and 
agricultural organizations across the country, including the Chamber of 
Commerce, National Federation of Independent Business, and the American 
Farm Bureau, to name a few.
  It is not just national organizations that I have heard from. In 
numerous constituent meetings across South Dakota, I have heard from 
the citizens of South Dakota, whether they be farmers, ranchers, small 
businesses, CPAs, and others, about the effect this measure would have 
on them, their businesses, and their employees.
  While this requirement is not set to take effect until next year, I 
believe it is important we act now to give these types of entities 
certainty that they will not have to take steps to comply with this 
measure.
  I add that our government now has a debt that is approaching $14 
trillion,

[[Page 18191]]

and we need to do everything we can to make sure that debt does not 
increase. It is a debt that we continue to pile on more and more and 
hand to the next generation of Americans.
  Because of that concern, I am pleased this amendment is fully offset 
by rescinding unspent Federal funds. The Senator from Nebraska came up 
with a way, through rescinding unspent Federal funds, to offset this 
amendment in a commonsense way. Of course, it excepts the Department of 
Defense and Department of Veterans Affairs, which will protect our 
national security interests and those who have served our country. I 
believe the rescissions he calls for in unspent Federal funds are a 
good way to make sure this doesn't add to our debt. This amendment 
perfectly captures that belief, and I think it is a belief that is 
shared by many of my colleagues in the Senate and by citizens across 
this country.
  We need to be focused on bringing down our debt, and we will start 
doing that by eliminating government spending, not putting new, 
burdensome requirements on businesses and charities.
  Unfortunately, there were numerous other provisions in the health 
care bill and other bills in the past 2 years which shifted the burden 
onto small businesses and employers. We will have to revisit each of 
those to ensure they don't slow economic growth and job creation, which 
is what the people want us to be focused on now.
  I hope we can take this first step and support the Senator from 
Nebraska on his amendment, which addresses this critical issue, this 
egregious provision that puts a costly burden on small businesses, and 
do it in a way that is fiscally responsible and doesn't add to the debt 
and burden future generations with more debt.
  I think the Senator from Nebraska came up with a great solution. I 
hope colleagues on both sides of the aisle--Republicans and Democrats--
who have heard, as I have, from their constituents will take this very 
commonsense amendment and pass it with a big margin. Let's get this 
particular provision in the health care bill repealed and the negative 
impact it would have on economic growth and job creation in this 
country.
  With that, I withhold the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Hawaii is 
recognized.
  Mr. INOUYE. Mr. President, the amendment offered today by Senator 
Johanns proposes to rescind unobligated balances of appropriated funds 
that are designated for specific purposes in various appropriations 
bills previously enacted by Congress. The Senator offers these 
rescissions in order to offset the loss of revenues resulting from his 
amendment.
  Much like similar amendments offered in the past, this amendment 
simply provides for a generic rescission of funds, with the authority 
and decision-making for which programs are impacted delegated entirely 
to the executive branch.
  Consideration of this amendment is the first of two attempts this 
evening to shift the power of and responsibility for the Nation's purse 
strings from the legislative branch to the executive branch.
  Rescinding funds in this manner, should this amendment be adopted, 
may be politically expedient because it simply cites a dollar figure, 
but it is also reckless and irresponsible, and hides the accountability 
for future actions when legitimate programs are shut down.
  Mr. President, we should make no mistake about it, an across the 
board cut is the legislative equivalent of performing surgery with a 
meat cleaver, and Senators would be right to reject the amendment for 
this reason alone.
  I can assure my colleagues that if this amendment passes, the impact 
will be felt throughout this country, and the arbitrary nature of the 
cuts will only intensify the pain.
  Why do I know this? Because for the past several months Senator 
Cochran and I have instructed our staffs to scrub the books of every 
single Federal agency in order to fund Pell Grants, while at the same 
time maintaining the discretionary spending level for fiscal year 2011 
proposed by Senators Sessions and McCaskill.
  Even after reviewing in great detail unobligated balances across all 
the agencies and rescinding those funds that were truly unobligated 
balances, we still have to cut spending for fiscal year 2011 in order 
to pay for Pell Grants to the level at which almost everyone in this 
Chamber desires that it be funded.
  Consequently, the only unobligated balances remaining are those in 
accounts that have slow spend rates such as construction and 
infrastructure accounts. To rescind $39 billion from these remaining 
accounts without congressional guidance, and without any analysis of 
the ultimate costs and benefits, is simply irresponsible.
  Throughout this past year, every time an amendment similar to this 
one has been offered, I and my colleagues on the Appropriations 
Committee have come to the Floor and provided real examples of real 
programs that would be impacted by such an amendment. While I will not 
go into such detail tonight, I will take a moment and give Members a 
sense of which agency accounts have unobligated balances:
  International narcotics control and law enforcement programs that 
provide police training and counter-drug programs in Afghanistan, 
Pakistan, Mexico and Colombia, among others.
  Global Health and Child Survival, which impacts global HIV/AIDS, 
malaria, TB, polio and other programs.
  The State Department's worldwide security program, including funding 
for requirements in Iraq, again impacting our embassy and personnel 
security costs worldwide.
  Coast Guard construction of ships and planes, including the National 
Security Cutter, the Maritime Patrol Aircraft, and Fast Response 
Cutters.
  Funds to maintain and upgrade the southwest border fence in Arizona 
and California.
  The FEMA Disaster Relief Fund which is still paying for Katrina, 
Rita, Gustav and Ike.
  Cyber security investments to secure Federal information systems.
  Funds to procure and install TSA advanced imaging technology and 
other explosive detection systems.
  Funds to build border patrol stations in Texas, Arizona, California 
and Washington.
  Funds to build schools and hospitals under the Bureau of Indian 
Affairs and Indian Health Services.
  The $500 million in non-emergency unobligated fire suppression funds 
remaining in the Forest Service and Interior Wildland Fire accounts is 
the minimum needed to make sure there are enough funds available in 
case the fire season turns out to be worse than forecast.
  Section 8 tenant-based and Section 8 project-based rental assistance. 
These programs receive advanced appropriations to run through the end 
of the calendar year. If these funds were rescinded, there would be no 
funding to continue to provide housing for low-income families living 
in housing today.
  In the case of homeless assistance grants, there is a time-consuming 
competitive process that communities go through in order to get these 
funds. Accordingly, these programs have unobligated funds.
  If these funds were rescinded, existing homeless programs in 
communities across the country wouldn't have sufficient funds to 
continue serving the homeless--literally leaving people on the streets.
  And finally, as one would imagine, Corps of Engineers construction 
projects as well as funding for flood control and coastal emergencies 
have substantial unobligated balances.
  Supporters of the Johanns amendment may claim that I and my 
colleagues on the Appropriations Committee are simply citing the worst 
case scenario of where unobligated balances may come from. The fact of 
the matter is that these accounts are exactly where the unobligated 
balances will come from.
  Let me also point out to my colleagues that if this amendment is 
enacted, we cannot stop rescissions of unobligated balances from any of 
the accounts mentioned because the amendment gives sole decision-making 
power regarding where to cut to the executive branch.

[[Page 18192]]

  Unlike the situation with deciding how to fund the FY 2011 ominibus, 
where Ranking Member Cochran and I, along with our committee members, 
decided after much scrutiny of accounts which unobligated balances were 
truly available for rescission, this amendment places all authority 
with the executive branch.
  Mr. President, this amendment is not the way to do business. This is 
certainly not the way to fund the Federal Government. We need to stop 
trying to shift our fiscal responsibilities to the executive branch. We 
need to stop claiming there is an excess in Federal funds where none 
exists. And if we want to cut funds and hamper those critical programs, 
then we need to stop hiding behind generic rescissions.
  For all these reasons, I urge my colleagues to vote against the 
Johanns amendment.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Nebraska.
  Mr. JOHANNS. Mr. President, may I inquire how much time we have on 
this side?
  The ACTING PRESIDENT pro tempore. Thirteen minutes.
  Mr. JOHANNS. Mr. President, let me address some of the arguments that 
have been raised.
  First of all, on this issue of the Baucus amendment simply doing more 
than the Johanns amendment or that it is especially friendly, here is 
what I would tell you. We checked into that and we have an e-mail from 
the Chief of Staff of the Joint Committee on Taxation and he says the 
two amendments do the same thing--they repeal the 1099 requirement. 
That seems to be especially friendly. As Senator Baucus pointed out, we 
are both going to accomplish the same thing; that is, we are going to 
repeal the 1099 requirement.
  To get to the issue of this being an unprecedented grant of power to 
the executive branch versus the legislative branch, we also researched 
that. The Consolidated Appropriations Act for fiscal year 2004 
basically gave the Secretary of Commerce the sole discretion to 
determine from which accounts and in what amounts funds would be 
rescinded. In other words, the Secretary had sole discretion to decide 
how to rescind that.
  The Consolidated Appropriations Act for fiscal year 2008, when my 
friends on the other side of the aisle were in control of both the 
House and the Senate, rescinded more than $192 million in unobligated 
balances available to NASA and gave the Administrator sole discretion.
  The Consolidated Appropriations Act of fiscal year 2008, again when 
my friends on the other side of the aisle were in sole control of the 
House and the Senate, rescinded $33 million in unobligated balances for 
the National Science Foundation and gave the Director sole discretion.
  The Emergency Steel Loan Guarantee and Emergency Oil and Gas 
Guarantee Loan Act rescinded $270 million of nondefense administrative 
and travel funds and again gave sole discretion to the executive 
branch.
  Very simply, the argument that somehow this is new, this is 
unprecedented, and this has never happened before simply doesn't hold 
water.
  I then heard the argument of my colleague from Hawaii, a very 
respected Member. But I look at these unobligated balances--the 
Department of Agriculture, $9.6 billion. I ran that Department for 
about 3 years. He talks about fire suppression. We dealt with fire 
suppression every year. Yes, some years were worse than others when it 
came to fire suppression. If we had a year where literally we had to go 
find additional funding because the fires were worse, we worked through 
that and we solved the problem. We dealt with that issue when it was 
presented to us.
  Here is what I would say. In September, I came to the floor and I 
said: Look, here is how I want to pay for this. It came out of the 
health care bill. My colleagues said: Oh, we can't do that, but I am 
with you on this 1099 repeal. I listened. This repeal is paid for by 
using money that is literally sitting there in Federal accounts.
  The other matter I would point to is that the alternative is the 
Baucus amendment, and here is what the Baucus amendment does. Yes, it 
handles the problem, just like Congress has been handling the problem 
for way too long. It says to our children and grandchildren: Out of 
this multitrillion-dollar annual budget--$1 trillion in deficit, with 
40 percent of the money being literally borrowed--we can't find $19 
billion. It is too hard. It is too hard, and so our kids and our 
grandkids are going to have to deal with it. That is exactly what the 
Baucus amendment does. It says it is too hard.
  It is going to be the President's own Budget Director who is going to 
identify the funds that will pay for this. Are my colleagues on the 
other side suggesting we can't trust that process? Well, if we can't 
solve this problem and pay for it, how do we ever solve the 
multitrillion-dollar deficit this country is facing? Congress has 
allowed the administration to deal with this kind of issue on other 
occasions. To somehow claim that on this occasion it can't simply 
misses the point.
  With that, I yield to Senator Hutchison from Texas, who wishes to 
speak on this issue.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mrs. HUTCHISON. I wish to thank the Senator from Nebraska for 
offering this amendment. Obviously, it has been offered before, but 
every time I go home it renews my energy to try to stop this from 
taking effect.
  Small businesspeople are approaching me and saying: This is crazy. Do 
we have to report every trip to the Office Depot? Do we have to report 
every travel voucher for $600 because I am going to a meeting in 
California? This defies description, except to say it is one more 
overbearing government intrusion on free enterprise in our country.
  So I hope very much that because of the message of the elections in 
November more people will see this is not necessary. It is certainly 
not a part of health care reform. In fact, when I saw this come out--
this little provision tucked in the enormous health care reform bill--
my thinking was twofold: One, they are paying for this enormous cost of 
the government takeover of health care on the backs of small 
businesspeople in our country. That would be one interpretation. The 
other would be that all the talk coming out of Washington about new 
taxes and possibly a value-added tax means they are starting to want to 
get the reports that would be the basis of a new tax system. Neither of 
those things should be part of health care reform in this country. So I 
am hopeful we can put a stop to this right now.
  I think the people of America well understand the burdens of this 
health care reform bill, passed on Christmas Eve of last year, over our 
objections on this side of the aisle. So maybe we can start peeling 
away some of the most onerous provisions--particularly this one, which 
takes effect in 2012--and begin to let people know we are going to try 
to mitigate the damage the health care bill has done, and we are going 
to do it a little bit at a time until we can repeal the whole thing and 
start all over.
  It is not that our system doesn't need reform. We all have said we 
need health care reform. But having to report a trip to the Office 
Depot to buy stationery or a fax machine is not the way to a better 
health care system. It is a non sequitur. So I hope Senator Johanns' 
amendment to this bill passes. It is a freestanding bill, but it is a 
great amendment to this bill. If we can stop this now, that would be 
one thing we could take off the table as we are addressing the major 
issues that actually do deal with health care reform. Maybe we can 
bring it down to a level where we would be able to address it in a more 
responsible way.
  I might add that even the National Taxpayer Advocate Division of the 
IRS has said they would have significant challenges in processing and 
analyzing the enormous volume if this piece of the Health Care Reform 
Act goes through. Even the IRS is asking: How could we do it, which 
then would lead to: What, more employees at the IRS? Well, that should 
scare the people of

[[Page 18193]]

America. The last thing we need is a bigger government created to try 
to go into the small businesses and see if they are complying with a 
$600 requirement for every transaction they would make.
  So I commend the Senator from Nebraska for offering this amendment. I 
am a cosponsor of this amendment, and I hope we will have enough votes 
to stop this provision in its tracks, take it off the table, and then 
deal with health care reform on issues that actually affect health care 
reform, not issues such as this, which just burden small business in 
our country at a time when we want them to hire people. We want them to 
open their doors to hiring more workers. But the more restrictions and 
the more burdensome paperwork we put on them, the less chance there is 
they are going to hire people. That is what I am hearing from my 
constituents, and I know it is the same for all of us who have been 
home listening to what the people are saying.
  I thank the Chair, and I yield the floor.
  Mr. JOHANNS. Mr. President, may I inquire how much time remains on 
our side.
  The ACTING PRESIDENT pro tempore. Three minutes.
  Mr. JOHANNS. Mr. President, I will use that 3 minutes just to wrap up 
with a couple thoughts.
  The first point I wish to make in wrapping up this evening is that 
there has been a 21-percent increase in appropriated funding over the 
last 2 years--21 percent. So every small business out there is asking 
the question: Why is the cost, at least in part of this health care 
bill, falling on my back, when there has been a 21-percent increase in 
appropriated funding over the last 2 years? Why are you punishing me, 
when I am trying to do everything I can to stay afloat?
  Senator Hutchison said it well. You can't go anywhere in this country 
without a small businessperson saying to you: What is it about this 
1099 requirement? They are dreading the fact that they will spend 
valuable resources on accountants to be in compliance and to deal with 
this requirement. They are asking the question: Why are you picking on 
us?
  The second point I wish to make is, the money from unappropriated, 
unobligated accounts--again, excluding the Department of Defense and 
Veterans Affairs--is 5 percent. It is 5 percent of the total. I look at 
that massive Federal budget, I look at what we are dealing with, and I 
get down to the same point--$19 billion. Why would you add that to the 
Federal deficit? That is exactly what the Baucus amendment does.
  You simply will not find offsets that are better equipped to deal 
with this problem than the one I am proposing. Again, I just wish to 
emphasize, in September, when we were arguing this on the floor and my 
colleagues were coming to me and saying: Mike, look, I am with you, I 
want to repeal this, this doesn't make any sense, and my phone is 
ringing off the hook, but I can't go along with these health care 
offsets, we changed the offsets. We are paying for the Johanns 
amendment.
  The Baucus approach simply does not pay for it. So what does it do? 
In the end, it hampers the next generation. It adds to the national 
debt. If we can't find $19 billion to solve this problem, how are we 
ever going to solve the problem of this massive deficit we are passing 
on to our children and grandchildren?
  With that, I ask my colleagues to support the Johanns amendment and 
to oppose the Baucus amendment. My hope is that we can get the votes 
necessary, pass this amendment, and move on to the next issues we face.
  Mr. President, I yield the floor, and I ask unanimous consent that 
the time during the quorum call be equally charged to both sides.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. JOHANNS. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CHAMBLISS. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded and I ask to speak as in morning business.
  The PRESIDING OFFICER (Mr. Dodd). Without objection, it is so 
ordered.
  Mr. CHAMBLISS. Mr. President, as an original cosponsor of S. 510, I 
am very disappointed that I cannot support tonight's cloture vote or 
the final passage of this bill.
  Since the bill's introduction and throughout the HELP Committee mark-
up process, there has been strong bipartisan cooperation to craft 
legislation that strikes the right balance between industry practices 
and FDA oversight to ensure the safest food supply possible.
  Unfortunately, the Senate will not have the opportunity to vote for 
S. 510 as it passed the HELP Committee, nor will Senators have the 
opportunity to offer amendments to improve the bill. Compounding my 
concerns is the uncertainty about the opportunity to-have an open, 
transparent conference with our colleagues in the House of 
Representatives at this late hour of the legislative session.
  Instead, we are faced with voting for S. 510 with new language that 
was added at the llth hour which creates a loophole in the Federal food 
safety system. The newly added language, referred to as the ``Tester 
amendment,'' creates an exemption for small farms and business 
operations through an arbitrary size and distance threshold--neither of 
which have any basis in science or risk. For example, this new language 
would exempt a food facility or farm if it has sales of $500,000 or 
less, or sells half of its food to retailers, restaurants, or consumers 
in the same state or within 275 miles.
  It is extremely important to note that S. 510 as originally 
introduced and passed by the HELP Committee includes many provisions to 
protect the rights of farmers and in particular the needs of small 
farmers. These small farm protections were essential in my decision to 
be an original cosponsor of the bill, and I fully support them.
  Specifically, the original S.510 does not subject small entities that 
produce food for their own consumption or market the majority of their 
food directly to consumers to new recordkeeping requirements. Also, the 
original bill makes no change in definition of ``facility'' under the 
Bioterrorism Act of 2002 which requires certain facilities to register 
with FDA, thus farms and restaurants remain exempted in S. 510.
  Additionally, small businesses are given regulatory flexibility 
throughout the original version of S. 510. For example, small 
processors are given additional time to comply with new food safety 
practices and guidelines created by the bill, and the FDA may modify or 
exempt small processors based on risk.
  Finally, regarding risk-based traceability, farms and small 
businesses that are not food facilities are not expected to create new 
records in the original version of S. 510. Only during an active 
investigation of a food- borne illness outbreak, in consultation with 
State and local officials, the FDA may ask a farm to identify potential 
immediate recipients of food if it is necessary to protect public 
health or mitigate a foodborne illness outbreak.
  Unfortunately, the new language before us tonight goes beyond small 
farm protections. My concern with the ``Tester language'' is that it 
creates a loophole for small processing facilities by exempting them 
from HAACP and traceability requirements or products entering the food 
supply in ways other than direct sales to consumers. I am concerned 
that these arbitrarily exempted products would comingle with items that 
must follow risk-based preventive controls--such as bagged salads. In 
the case of a foodborne illness outbreak, this exemption will make 
FDA's job much harder to identify and remove the tainted source from 
the food chain.
  To state it bluntly, this new language goes far beyond protecting 
small farms and establishes arbitrary factors in determining the safety 
of food--none of which are based on risk or science.
  I am opposing cloture and final passage of this bill because I have 
been denied the opportunity to offer any

[[Page 18194]]

amendments, especially to strike or improve the Tester language.
  I would have liked my colleagues to have had the opportunity to 
consider an amendment which would have limited the exemption only for 
products sold to qualified end users as defined in the Tester language, 
such as direct sales to consumers, restaurants, or retail food 
establishments. Without this limit, there is a significant chance that 
exempted products will be commingled with regulated products, thus 
rendering the protections created by S. 510 useless.
  The full implications of the Tester amendment are unknown. I think it 
would be wise for the Senate to take a closer look at the potential 
impact before we pass this legislation. The Senate should have had the 
opportunity to vote on S. 510 as it was passed by the HELP Committee 
without this loophole. All Senators should have the opportunity to 
offer and consider amendments, but we do not.
  Again, I also want to voice my concern regarding the opportunity to 
have an open, transparent conference with our colleagues in the House 
of Representatives at this late hour of the legislative session. For 
these reasons, I am voting no on cloture and no on final passage of S. 
510.
  I would also add, for the reasons I have expressed, virtually every 
processor, food processor in the country has now come out and changed 
their opinion regarding their support of this bill, and they are 
opposing the bill because of the extended loopholes that are provided 
by the Tester amendment that are going to take the safest food supply 
in the world, which we have in the United States of America, and we are 
now going to offer loopholes and exceptions in the chain from the farm 
to the restaurant, from the farm to the grocery store, from the farm to 
the consumer's table, and we are going to render the potential for 
unsafe products to enter the market, and FDA is going to have no 
opportunity to regulate those.
  That is wrong. That is not what we started out to do with S. 510. 
Senator Durbin and I talked about this, now, it is almost years ago, 
when we initially started the process of reforming the food safety 
system in this country. Unfortunately, we have gotten way away now from 
the original intention of this bill, to a point where it is not going 
to accomplish the results we started seeking to accomplish.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Connecticut.
  Mr. DODD. I want to address the issue that has been talked about by 
my friend from Georgia; that is, the Food and Drug Administration Food 
Safety and Modernization Act. I commend my colleagues and those who 
have been involved, as we have been, for weeks and weeks on end now to 
produce this bill, which I am hopeful our colleagues will support.
  We have enjoyed a few days off to celebrate the Thanksgiving holiday, 
the centerpiece of which is, of course, the great meal with family and 
friends. It is fitting at the wake of that, that we gather to deal with 
the issue of food safety, a bill that is intended to help ensure the 
safety of the food we feed our families and loved ones each and every 
day in this country.
  One of the great things about being in this country is that every day 
we consume products with a sense of security that what we are ingesting 
or using is not going to cause us any great harm or put our lives in 
jeopardy. So it is important, particularly when you deal today with the 
processing of food that occurs, that reassurance, that sense of 
security that all Americans would like to have is going to be 
guaranteed to the maximum extent possible. Never perfect, obviously. 
None of us can engage in casting or creating ideas or legislation that 
is designed to produce perfection. But we have come close with this 
bill to providing that sense of security that all Americans deserve.
  Before I speak about the substance of the bill, I want to take a 
moment to highlight the collaborative process that characterizes the 
construction of this bill. The bill is a bipartisan effort on the part 
of Senators Harkin, Enzi, Durbin, Gregg, Burr, and myself, along with 
14 of our colleagues in this Chamber and is designed to strengthen the 
country's ability to address and hopefully prevent foodborne illnesses.
  I realize the bipartisan road is not always easy to follow, but I can 
confidently say when we approach legislation in this manner we often 
end up with a better, stronger, and more responsive law in the end. I 
think this bill is an example of that. It was not always easy. We had 
our differences, obviously, but we overcame them in an effort to 
respond to an issue that impacts all Americans regardless of political 
affiliation and economic circumstance; that is, again, foodborne 
illnesses.
  This collaborative process is not limited to Members and staff. I am 
including outside advocates and organizations. In fact, an impressive 
range of constituent groups, including the Consumers Union and the 
Grocery Manufacturers Association, have provided valuable input in 
support during this process. Looking at the list of groups which 
support this bill says a great deal about the product itself. It says 
we cannot afford to ignore the topic of food safety any longer. It says 
our industries and consumers want to see good consistent policy in 
place to help prevent, and when they do occur, address these illnesses.
  We have all heard the statistics. On average, 76 million Americans 
are sickened each year, and 5,000 die each year because of foodborne 
illnesses. But these are not just numbers. These are the lives of our 
fellow citizens in every region and economic group in the Nation. As 
the recall of a half billion eggs this summer due to Salmonella 
contamination has shown, foodborne illness is something that can impact 
a significant portion of our population at any given time.
  According to the Centers for Disease Control and Prevention, more 
than 1,800 people became ill due to these contaminated eggs. Let's not 
forget that the most vulnerable of our population suffer the most when 
stricken with foodborne illnesses, especially children.
  One such life significantly impacted by a strain of E. coli was a 
constituent of mine in Wilton, CT. She survived the contaminated 
lettuce she consumed, but her life has been changed as a result.
  There is a lot in this bill we can be proud of. I want to focus on 
one particular area that I have a concern with and have been involved 
in for years and years--it is food allergies.
  Long before I had a family of my own, I got involved in the issue. 
But with the arrival of my first child, Grace, in 2001, we discovered 
shortly thereafter that she had serious food allergies. She had been in 
anaphylactic shock four or five times by the time she was 4 or 5. This 
is a great concern to her parents, obviously, as it is for millions of 
people in this country. Twelve million of our fellow citizens have food 
allergies, many with life-threatening ones, and we are watching the 
numbers grow.
  According to those who keep these statistics, from 1997 to 2007 the 
prevalence of food allergies among children increased by 18 percent. 
Today, approximately 3 million children in the United States are 
suffering from one kind of food allergy or another. While food 
allergies were at one time considered relatively infrequent, they now 
rank third among chronic diseases in children under the age of 18. 
Peanuts are among the several allergenic foods that can produce life-
threatening allergic reactions in children.
  With this bill, what we have done here, is to develop a voluntary 
food allergy management guideline for preventing exposure to food 
allergens and ensuring a prompt response when a child suffers a 
potentially fatal anaphylactic reaction. It also provides for school-
based food allergy management incentive grants to local educational 
agencies to assist with the adoption and implementation of food allergy 
management guidelines in grades K through 12.
  My State of Connecticut is one of eight that has already done this on 
their own. But a lot of other States, obviously, 42 have not. This bill 
voluntarily provides small amounts of grant

[[Page 18195]]

money to States to help them develop these procedures that will 
minimize the kind of dangers that occur to children when they are 
exposed to food that can cause them life-threatening diseases and 
illness.
  The Food and Drug Administration is responsible for regulating 80 
percent of the Nation's food supply. But for too long, the FDA has 
lacked the resources and authorities necessary to adequately protect 
our food. This bill recognizes we cannot underfund this critical agency 
and gives the FDA the tools necessary to protect our food and our 
health.
  In fact this bill establishes, for the first time, a mandatory 
inspection schedule, which was a priority for many who worked so 
tirelessly on food safety. Under the provisions of S. 510 the number of 
inspections conducted by the FDA will increase from 7,400 in 2009 to 
nearly 50,000 in 2015. Mr. President, we need these inspections. We 
need to pass this bill.
  I am hopeful that my colleagues will recognize the importance of 
passing the FDA Food Safety Modernization Act. Because every family 
sitting down to dinner tonight deserves to know that all reasonable 
measures have been taken to ensure the safety of the food they are 
eating. It's time we put politics aside for the sake of America's 
families and get this bill passed.
  I want to comment quickly, before my time expires, on the comments of 
my good friend from Georgia who just spoke, Saxby Chambliss. This was a 
difficult bill to put together. I commend my colleague from Montana, 
Jon Tester, who represents an awful lot of small farmers, small food 
processors.
  Putting this bill together required compromise. It is what we do in 
this Chamber every single day, and so had we not included the Tester 
language in this bill I think we would have had a hard time passing the 
legislation. The argument would have been: Well, you have included the 
small truck farmers who, frankly, cannot subject themselves to the kind 
of rules that large produces of food can, and we would have put the 
whole bill in jeopardy.
  By adopting the modified Tester language, we have made it possible 
for this bill to become law. So I commend my fellow Senator from 
Montana for his work. I commend Senator Harkin, the chairman of the 
committee, for bringing this all together to the point where, despite 
all of the allegations that this body cannot come to a common agreement 
on a matter as important as this one is wrong. We can when we work at 
it, and we have done so with this bill.
  I urge my colleagues to be supportive of this very important and 
historic piece of legislation.
  I yield the floor.
  Mr. DURBIN. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The VICE PRESIDENT. Without objection, it is so ordered.

                          ____________________




                        CERTIFICATE OF ELECTION

  The VICE PRESIDENT. The Chair lays before the Senate the certificate 
of election to fill the unexpired term for the State of Illinois. The 
certificate, the Chair is advised, is in the form suggested by the 
Senate.
  If there be no objection, the reading of the certificate will be 
waived, and it will be printed in full in the Record.
  There being no objection, the certificate was ordered to be printed 
in the Record, as follows:

                           State of Illinois

                          Executive Department


                       certificate of appointment

     To the President of the Senate of the United States:
       This is to Certify that on the Second day of November, Two 
     Thousand and Ten, Mark Steven Kirk was duly chosen by the 
     qualified electors of the State of Illinois a Senator for the 
     unexpired term ending at noon on the third day of January, 
     Two Thousand and Eleven, to fill the vacancy in the 
     representation from said State in the Senate of the United 
     States caused by the Resignation of then-Senator Barack 
     Obama.
       Witness: His Excellency Our Governor, Pat Quinn, and our 
     seal hereto affixed at the City of Springfield, Illinois, 
     this Twenty-Third day of November, in the year of our Lord 
     Two Thousand and Ten.
       By the Governor:
     Pat Quinn,
       Governor.
     Jesee White,
       Secretary of State.
     [State Seal Affixed]

                          ____________________




                    ADMINISTRATION OF OATH OF OFFICE

  The VICE PRESIDENT. If the Senator-elect will now present himself at 
the desk, the Chair will administer the oath of office.
  The Senator-elect, Mark Kirk, escorted by Mr. Durbin and Mr. 
Fitzgerald, advanced to the desk of the Vice President; the oath 
prescribed by law was administered to him by the Vice President; and he 
subscribed to the oath in the Official Oath Book.
  The VICE PRESIDENT. Congratulations, Senator.
  (Applause, Senators rising.)
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The VICE PRESIDENT. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HARKIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so 
ordered.

                          ____________________




              FDA FOOD SAFETY MODERNIZATION ACT--Continued

  Mr. HARKIN. Mr. President, in about 35 minutes we are going to be 
voting on cloture on the food safety modernization bill, a bill that 
brings us forward almost 70 years. Seven decades it has been since we 
have modernized or changed our food inspection and safety system in 
America. So we are taking that step tonight. Hopefully, we will have a 
final vote on it by tomorrow.
  I just want to take a few minutes now before that vote to again lay 
out why this bill is so important and why we need to invoke cloture 
tonight so we can have a final vote on this bill tomorrow.
  First of all, the statistics are that Americans are getting sick and 
they are dying because of foodborne illnesses. You would think in this 
day with modernization and such we would not have this.
  Madam President, 325,000 Americans every year are hospitalized and 
over 5,000 die. Many of these are kids. I have met them with a group 
called Safe Tables Our Priority. I have met some of these kids. They 
will be damaged for life, I say to my friend from Illinois, Senator 
Durbin, who has been such a leader on this bill. In fact, I daresay we 
would not be here were it not for Senator Durbin's leadership in 
getting this bill started, how many years ago I do not know.
  Mr. DURBIN. Will the Senator yield for a question.
  Mr. HARKIN. I would be glad to yield.
  Mr. DURBIN. First, I thank the Senator from Iowa for his leadership 
on this issue. The fact is, it was almost 18 years ago when I received 
a letter from a woman in Chicago--written to me as a Congressman--named 
Nancy Donley. Nancy had a personal tragedy. Her 6-year-old son Alex 
died from E. Coli from food Nancy literally prepared for him in their 
home. She wrote to me a handwritten letter, to me as a Congressman from 
Springfield, IL, 200 miles away, saying we have to do something about 
food safety.
  Nancy lost her son, but she never lost her passion for this issue. As 
the Senator said, she formed the organization Safe Tables Our Priority, 
which has been an effective voice for so many others to bring us to 
this moment.
  But, for the record, I have worked on this issue for a long time, and 
we would not be on the Senate floor tonight with this historic vote 
were it not for the Senator from Iowa who has lead the effort. Senator 
Tom Harkin has, with the help of Senator Mike Enzi and a number on the 
other side of the aisle who have stepped up to make this bipartisan. 
This is a reasonable approach to

[[Page 18196]]

making our food safer in America. I thank the Senator from Iowa for all 
of his leadership on this issue and so many others.
  Mr. HARKIN. Well, I thank my friend from Illinois, but he is being 
way too generous. Again, I recognize the instigators of this, the ones 
who started this ball rolling, and Senator Durbin is the one who got us 
started many years ago. And it has taken us many years to put this 
together. But that is why we have such a good bipartisan bill. We have 
worked on this. We reported this out of our committee a year ago 
without one dissenting vote, Republican or Democrat. Since that time, 
we have been working to get other people, not on the committee, 
obviously, onboard to get the way paved so we could have a bill that 
would be broadly supported.
  This bill is very broadly supported, both by the industry and by the 
consumers. It is one of the few bills where, as a matter of fact, we 
have a wide range of consumer and industry support, everything from the 
Snack Food Association, the Grocery Manufacturers Association, 
Consumers Union, Center for Science in the Public Interest, the U.S. 
Chamber of Commerce, U.S. Public Interest Research Group. Anytime you 
get the Chamber of Commerce and the U.S. Public Interest Research Group 
on the same bill, you know you have a bill that has broad support. This 
bill does.
  Again, I thank my colleague, Senator Enzi from Wyoming, our ranking 
member on our committee, for all of his help in getting this bill 
through and working on it diligently over the past year.
  I would be remiss if I did not also thank Senator Gregg and Senator 
Burr for being heavily involved in this bill and working through all of 
the compromises a bill like this entails.
  The Food Safety Modernization Act enhances our food safety system in 
three critical ways. It improves the prevention of food safety 
problems. I always think this is key. We have to get in front of this, 
not to just sort of catch the food once it is contaminated and try to 
get it done, but to try to prevent it in the beginning. We had success 
in the meat and poultry industry some years ago with a preventive plan 
to look at where pathogens could enter the food supply and stop it 
there. We have applied the lessons we have learned from those last 20, 
almost 25 years now of that to this, so now we are going to be able to 
look to have a better system of preventing food safety problems and 
foodborne pathogens.
  It improves the detection or response to foodborne illness 
outbreaks--detect it earlier, stop it earlier, and have a better 
response to what is happening. In other words, for example, in the bill 
we provide that retailers have to in some way notify customers if a 
food has been recalled. That could be a grocery store putting a sign on 
the shelf, for example, saying: This food has been recalled, maybe 
putting out a notice in their supplements that they put out in order to 
advise consumers they may have purchased a food that has been recalled.
  Third, it enhances our Nation's food defense capabilities. Right now, 
how many people know that less than 2 percent--about 1.5 percent--of 
all of the food imported into America is ever inspected? That is 1.5 
percent. Well, this is going to increase those inspections. It is also 
going to increase the defense capabilities in case we have a problem. 
For example, we have stronger trace-back authority so we can get to the 
source of where this happened in a better way than we ever have been 
able to do in the past.
  As I mentioned earlier, it provides the FDA with mandatory recall 
authority. A lot of people are surprised to know--consumers are 
surprised to find out that if there is a foodborne illness or outbreak, 
the Food and Drug Administration has no authority to even recall the 
food. One may say: Well, the companies have the authority to recall 
it--and they do because, frankly, they don't want to get sued, 
obviously. So why have a mandatory recall? Well, you might have bad 
actors. You might have a company that is located offshore. Maybe they 
have imported some bad food into this country, and maybe they think 
they can just take a few bucks and run. The FDA would not have 
mandatory recall authority. Now they would have that to protect our 
consumers. As I said, it also requires the retailer to notify consumers 
if they sold food that has been contaminated.
  Now, again, the opponents of this bill have put a lot of rumors out 
there. Since I have lived with this bill for so long, I am surprised 
people would be saying things like this. One myth I read is that this 
bill would outlaw home gardens--you couldn't even have a home garden. I 
think that comes from Glenn Beck, if I am not mistaken, but it is 
factually incorrect. It said it would do away with family farms. In 
fact, the bill states explicitly that the produce standards ``shall not 
apply to produce that is produced by an individual for personal 
consumption.'' There is also an exemption for small farmers, small 
facilities, as they sell their products at roadside stands, farmers 
markets, places such as those.
  Then there is another rumor that anyone who grows any food will now 
come under the jurisdiction of the Department of Homeland Security. I 
heard this myth that Homeland Security agents now will be tromping 
through your farms and your pastures and your tomato plants--again, 
absolutely, totally, factually wrong.
  I am proud to say this legislation comprehensively modernizes our 
food safety system and does so without injury to farms and small 
processors; otherwise, we wouldn't have all of the industry groups on 
board if we were adding undue hardship on our processors and farmers. 
Our food safety system will continue to fail Americans unless we 
modernize our food safety laws and regulations. We should give the FDA 
the authority it needs to cope with the growing, varied risks that 
threaten today's more abundant food supply. We need to act, and we need 
to act now. We need to invoke cloture on this bill in just a little 
over half an hour.
  How much time do I have remaining?
  The PRESIDING OFFICER. Eight minutes 10 seconds.
  Mr. HARKIN. Madam President, I know my friend, Senator Coburn, was on 
the floor earlier talking about this bill. He has a substitute he is 
going to offer. I have worked with Senator Coburn over the months. I 
know we have a basic philosophical difference about the role of 
government in this area. Be that as it may, we have worked hard, as I 
said, on bill compromises between people who do have differences of 
opinion. Again, as with any bill, there may be some things in here that 
I don't particularly like that I think we ought to do differently, but 
in the spirit of compromise, we don't get our way all the time around 
here; we have to give and take to get something done. That is what this 
bill is.
  So I say to my friend, Senator Coburn, I know he has some problems 
with it, but, quite frankly, his substitute--and I wish to say this 
very forthrightly--his substitute kills our bill in its entirety. It 
kills it in its entirety. In its place, what my friend from Oklahoma 
would offer would be a few studies to help improve collaboration 
between FDA and USDA. There is weaker language on preventive 
contamination, which I think is so important--to prevent in the first 
place. The substitute will eliminate all of our prevention control 
provisions. It would eliminate the provisions that enhance coordination 
between State and Federal laboratories.
  My friend from Oklahoma--and maybe later on we will get into this and 
debate it a little bit--my friend has always been saying we need better 
coordination. He is right. I said that earlier. He is absolutely right. 
We need better coordination between the FDA and USDA and other 
agencies, and that is being done. It is being done in this bill. But at 
the same time, his substitute would eliminate the provisions in our 
bill that enhance the coordination between State and Federal 
laboratories, which is exactly what we need to do--have State and 
Federal coordination. His substitute would eliminate the trace-back 
provisions that are so important to find out where the foodborne 
pathogen might be originating from. It would eliminate the

[[Page 18197]]

important foreign supplier verification provisions we put in this 
bill--that if you are importing food from a foreign country, you have 
to verify that the food has met the same kinds of inspection standards 
we have in our own country. The substitute of my friend from Oklahoma 
would eliminate that provision. It would eliminate the requirement that 
we increase our inspection frequencies in this country, and it would 
eliminate the FDA's ability to recall food--the mandatory recall 
provision we have--even when life-threatening contamination is 
detected.
  So for all of those reasons, I hope the substitute will not be 
adopted. As I said, I know my friend has some feelings about this bill. 
I understand that. But many of the things Senator Coburn brought up 
earlier and in good faith I worked with him and his staff on--some of 
his ideas, we appropriated in this bill. Senator Coburn--I say this as 
a friend--has a keen eye a lot of times for things that are duplicative 
or things that maybe sound good but don't do what you think they are 
going to do. He has a keen eye. I give him credit for that. So a lot of 
those things we have looked at that in the past he suggested, and we 
have adopted those things and put them in the bill.
  Lastly, one of Senator Coburn's objections is that the bill is not 
paid for. Again, I think that is misguided. He knows my feelings on 
this issue. This is an authorization bill. Any funding that would come 
for this would have to be appropriated in the future. There would be 
absolutely no deficit increase at all.
  This is from the Congressional Budget Office. From our bill, we asked 
them what would it do to increase the deficit. As my colleagues can 
see, from 2010 to 2020, there is a zero increase in the deficit because 
of our bill.
  So, again, while I understand Senator Coburn has problems with the 
bill, I think his substitute really wipes out everything we have done 
on a bipartisan basis. Senator Enzi has worked hard, as well as Senator 
Gregg, Senator Burr, and others. We have worked with industry and 
consumer groups for over a year now to make sure we had a good bill, a 
comprehensive bill--one that was a true compromise between competing 
interests but one that gets the job done. And what is the job? To help 
reduce the number of foodborne illnesses in this country.
  I say in closing, is this bill going to stop everybody from getting 
sick while eating food? No, no. It will not be 100 percent. Will it be 
better than what we have? You bet. It is going to prevent a lot of 
foodborne illnesses that otherwise would happen in this country under 
the present system.
  Just think about this: We are operating under a food inspection 
safety system in this country that was adopted 70 years ago. Think of 
how our food supply--the growing, the processing, and the shipping--
have all changed in that 70 years. We go to the grocery store in the 
wintertime and we buy fresh raspberries from Chile or blueberries from 
Argentina. We go to the store in the summertime and we buy produce made 
in this country from all over, commingled and shipped together. A lot 
of times, you don't know where it is coming from. There are so many 
different things that have happened over the last 70 years. Yet our 
inspection system has not kept up with how our food is produced, how it 
is processed, how it is shipped and stored, and we have not updated 
what we should do with imported foods. We are getting more and more 
imported foods into this country.
  So for all of those reasons, I hope we will have a good, strong vote, 
a good bipartisan vote on the cloture issue and that the other measures 
that are coming up--we have an amendment on taxes--if either the 
Johanns amendment or the Baucus amendment is adopted, it will kill this 
bill. It will kill the bill.
  I happen to be one of those who think we have to change the 1099 
provisions for small businesses but not on this bill. We will do that 
before the end of the year, but if it is adopted on this bill, it will 
kill our food safety bill because the House will blue-slip it because 
the Constitution says bills of revenue have to originate in the House, 
not in the Senate; likewise, the earmark provision Senator Coburn will 
be offering--we will have a good debate on that too--again, if that is 
adopted, it will kill the bill. There is just no doubt about it.
  So we worked hard for many years to get to this point. We have a good 
bipartisan bill. We have a bill we believe the House will pass and send 
on to the President to keep our people more safe. So I hope this body 
will reject any extraneous amendments.
  Madam President, I yield the floor and note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. McCASKILL. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. McCASKILL. Madam President, I rise to talk about an amendment we 
will be voting on tomorrow concerning earmarks. Since coming to the 
Senate, I have decided I am not going to participate in what I think is 
a very flawed process. I don't think it is the right way to spend 
public money. I am not going to quarrel that some of the projects that 
have been funded are not meritorious; they are. In my State, some of 
the projects that have received earmarked funds are wonderful 
expenditures of public money. But it is the way in which the money is 
expended that is a problem; the way to decide it is the problem. It is 
the process.
  There have been a number of defenses of earmarking. I am going to 
spend a couple minutes debunking the defenses of earmarking. I will 
tell you my favorite one: We are somehow abdicating the power of the 
purse that is delineated in the Constitution. Give me a break. We 
decide every dime of Federal money. Congress makes the decision on 
appropriations for every Federal program. How is giving up a secretive 
process, where nobody is sure how it is decided who gets how much 
money--how is getting rid of that somehow removing our constitutional 
authority to make spending decisions? It is like they want the American 
people to believe that if we quit earmarking, the appropriations 
process is going to go away, that we will no longer pass judgment on 
the President's budget, that we will not have oversight over Federal 
money. It is silly and absurd. In some ways, it is almost insulting.
  The constitutional powers to decide how Federal money is spent will 
remain with the Congress long after this bad habit has been broken. 
Make no mistake about it, it may not be this year, it may not be next 
year, but the American people are on to us. They now know and 
understand that earmarking is about who you are. It is about what 
committee you sit on. It is about whom you know.
  If this is such a fair process, if this is something we should be 
proud of, then I want someone to come to the floor and explain to me 
how they decide who gets the money. I ask it at home all the time, and 
I say: If you know, will you tell me because I am a Member of the 
Senate and I don't know.
  In some committees, the ranking member and the chairman of the 
subcommittee get more money than everybody else. In other committees, 
they don't. Where is that decided? In what room? Is there a hearing? 
Can I go and watch? When the money is split, who is in the room? Who is 
on the phone? If we are brutally honest with the American people, we 
will tell them that is a process we don't want them to see. Yes, we are 
better because we reformed. I am proud my party led the reforms on 
earmarking right after I came to the Senate. Now your name is on your 
earmark.
  I will tell you what is not public. Do you know what people at home 
actually believe? They believe the Senators don't pick the winners and 
losers. They actually think there is some mysterious process, but what 
we don't know is what are all the earmarks that Senators say no to. 
Senators say no to these earmarks. It is not a committee that says no 
to these. It is not a chairman. Each individual Senator decides winners 
and losers. I don't think the

[[Page 18198]]

losers know that. I think the losers think that Senator had nothing to 
do with them being a loser. If we can make all that public, this would 
be a much less popular activity because all of a sudden the people who 
wanted the bridge in this part of the State would realize that the 
Senator thought the bridge on the other side of the State was more 
important. So we take credit for the earmarks we get, but we are not 
willing to own the fact that we have chosen winners and losers.
  Finally, this notion that somehow the bureaucrats are going to 
decide--most of the money taken for earmarks comes out of programs that 
are grant programs and formula programs and are decided by population 
or by local people. It is not Washington bureaucrats. They are 
supplanting the judgment of one person for the local planning process 
and the State planning process. That is not the way.
  I hope people vote for the Coburn-McCaskill amendment. This is the 
wrong way to spend public money. Whether it happens tomorrow or 2 or 3 
years from now, make no mistake about it, the American people are tired 
of it.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CARDIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Pursuant to rule XXII, the Chair lays before the Senate the following 
cloture motion, which the clerk will report.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Harkin 
     substitute amendment No. 4715 to Calendar No. 247, S. 510, 
     the FDA Food Safety Modernization Act.
         Harry Reid, Patrick J. Leahy, Claire McCaskill, Tom 
           Harkin, Carl Levin, Daniel K. Inouye, Richard J. 
           Durbin, Byron L. Dorgan, Jack Reed, Jeff Bingaman, Mark 
           Begich, Blanche L. Lincoln, Robert Menendez, Daniel K. 
           Akaka, Sherrod Brown, Sheldon Whitehouse, Patty Murray, 
           Debbie Stabenow, Barbara Boxer.

  The PRESIDING OFFICER. By unanimous consent the mandatory quorum call 
has been waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 4715 to S. 510, a bill to amend the Federal Food, Drug, 
and Cosmetic Act with respect to the safety of the food supply shall be 
brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. 
Lieberman), the Senator from Arkansas (Mr. Pryor), and the Senator from 
Montana (Mr. Tester) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from North Carolina (Mr. 
Burr).
  The yeas and nays resulted--yeas 69, nays 26, as follows:

                      [Rollcall Vote No. 252 Leg.]

                                YEAS--69

     Akaka
     Alexander
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Dodd
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Grassley
     Gregg
     Hagan
     Harkin
     Inouye
     Johanns
     Johnson
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lincoln
     Lugar
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--26

     Barrasso
     Bennett
     Bond
     Bunning
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Graham
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     McCain
     McConnell
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Wicker

                             NOT VOTING--5

     Brownback
     Burr
     Lieberman
     Pryor
     Tester
  The PRESIDING OFFICER. On this vote, the yeas are 69, the nays are 
26. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Mr. BROWN of Massachusetts. Madam President, I come to the floor 
today to talk about a provision that was included in the Federal health 
care reform bill. It is a provision that adversely impacts small 
businesses and entrepreneurs, both an engine of job growth in 
Massachusetts and across the country.
  I support Mr. Johanns' efforts and leadership to repeal this 
provision of the law. I am proud to be a cosponsor of his efforts to do 
just this.
  The provision that I am referring to--section 9006 of the Federal 
health care reform bill--requires that every business, charity, and 
local and State government entity submit a 1099 form for every business 
transaction totaling $600 or more in a given year. It has been 
estimated that this mandate would affect approximately 40 million 
entities across the country.
  Under the law, businesses will be required to report purchases of 
items such as office equipment, food and bottled water, gasoline, 
lumber, and plumbing supplies if payments to any vendor in the course 
of a year total at least $600. They will, in many cases, also have to 
report payments for things such as travel and telephone and Internet 
service. To comply with the mandate, businesses--especially small 
businesses--would have to institute new, complex record-keeping data 
collection and reporting requirements that track every purchase by 
vendor and payment method. The provision will increase accounting 
costs, expose businesses to costly and unjustified audits by the IRS, 
and subject more small businesses to the challenges of electronic 
filing.
  So what does all of this really mean? And why does this provision 
need to be repealed? Well, what it means is that small businesses and 
entrepreneurs will be busy completing paperwork, filling out forms, and 
complying with government mandates.
  The provision needs to be repealed because when small businesses are 
focused on keeping the government at bay, they aren't creating jobs or 
making investments that spur economic growth.
  This is a policy we can all agree on--from both sides of the aisle. 
It is a policy that I have supported from the very start and that I 
will continue to support and fight for.
  Passing this amendment is the right thing to do--for small business 
owners, for entrepreneurs, and for every business that is eager to hire 
workers, expand its business, and grow.
  I commend my colleague's leadership on this issue. My colleague, Mr. 
Johanns has been leading this effort since the Federal health care 
reform passed earlier this year, and I support him fully. And I urge my 
fellow Senators to repeal this job-and investment-killing mandate.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Nebraska will be recognized to offer a motion to suspend the rules.


                           Motion to Suspend

  Mr. JOHANNS. Madam President, I move to suspend the rule XXII, 
including any germaneness requirements, for the purposes of proposing 
and considering amendment No. 4702, and I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The yeas and nays were ordered.


                           Motion to Suspend

  Mr. BAUCUS. Madam President, pursuant to the previous order, I move 
to suspend the rules for the consideration of my amendment, which is at 
the desk, and I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. Under the previous order, the vote will first 
occur on the motion of the Senator from Nebraska.

[[Page 18199]]

  The Senator from Montana.
  Mr. BAUCUS. Madam President, I understand, under the order, each side 
gets to speak for 1 minute.
  The PRESIDING OFFICER. That is correct. The Senator from Nebraska.
  Mr. JOHANNS. Madam President, if I might take my minute to explain 
what is happening tonight, the first amendment we will vote on is the 
Johanns' amendment. It repeals the 1099 requirement in the health care 
law. This came before us in September. Many colleagues came to me and 
said: I do not like the pay-fors coming out of the health care law. 
This is paid for. It is paid for out of unobligated funds in the 
Federal system, if you will.
  The second amendment, the Baucus amendment, simply is not paid for. 
So you will be adding to the Federal deficit if you support the Baucus 
amendment.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. The Senator from Nebraska and I both seek to repeal the 
provisions in the health care reform act referring to 1099. They are 
identical in that respect, but actually we go further and give more 
relief to small business than does the Senator from Nebraska.
  The Johanns amendment would also give the unelected Director of the 
Office of Management and Budget the power to slash $33 billion in 
appropriated spending entirely at his own discretion, taking away the 
responsibility of the Congress. I do not think that is a good idea.
  The Johanns amendment, thus, puts at particular risk slower spending 
accounts that fund vital purposes. The Johanns amendment puts at risk 
international narcotics control, law enforcement funding, $39 billion 
worth of funding solely in the discretion of the OMB Director, taking 
that power away from the Congress. I think that is a bad idea. I urge 
my colleagues to oppose the Johanns amendment.
  Mr. JOHANNS. Madam President, do I have any time remaining?
  The PRESIDING OFFICER. The Senator has 24 seconds remaining.
  Mr. JOHANNS. In reference to the argument of the Senator from 
Montana, Congress has allowed the administration to make similar 
decisions on rescinding funds in 1999, 2004, and twice in 2008, while 
our friends on the other side of the aisle were in control of Congress. 
That argument simply does not hold water.
  I urge my colleagues to support the paid-for amendment, the Johanns 
amendment.
  The PRESIDING OFFICER. All time has expired. The question is on 
agreeing to the motion of the Senator from Nebraska.
  The yeas and nays are ordered.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. 
Lieberman) and the Senator from Arkansas (Mr. Pryor) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from North Carolina (Mr. 
Burr).
  The yeas and nays resulted--yeas 61, nays 35, as follows:

                      [Rollcall Vote No. 253 Leg.]

                                YEAS--61

     Alexander
     Barrasso
     Bayh
     Bennet
     Bennett
     Bingaman
     Bond
     Brown (MA)
     Bunning
     Cantwell
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hagan
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kirk
     Klobuchar
     Kohl
     Kyl
     LeMieux
     Lincoln
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Murkowski
     Nelson (NE)
     Nelson (FL)
     Risch
     Roberts
     Sessions
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Wicker

                                NAYS--35

     Akaka
     Baucus
     Begich
     Boxer
     Brown (OH)
     Cardin
     Carper
     Casey
     Coons
     Dodd
     Dorgan
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harkin
     Inouye
     Johnson
     Kerry
     Landrieu
     Lautenberg
     Leahy
     Levin
     Merkley
     Mikulski
     Murray
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Specter
     Whitehouse
     Wyden

                             NOT VOTING--4

     Brownback
     Burr
     Lieberman
     Pryor
  The PRESIDING OFFICER (Mr. Merkley). On this vote, the yeas are 61, 
the nays are 35. Two-thirds of the Senators voting not having voted in 
the affirmative, the motion is rejected.
  The Senator from Montana.


                           Motion to Suspend

  Mr. BAUCUS. Mr. President, this next vote is very simple. It repeals 
the 1099 provisions that we all said to small businesses that we are 
going to repeal. Purely and simply, it repeals 1099. I urge Members to 
vote to repeal, get this over with so we can move on to other business.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. JOHANNS. Mr. President, this adds $19 billion to the Federal 
deficit.
  I yield the remainder of my time to Senator Judd Gregg.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Mr. President, this is not the proper way to address this 
issue, to add $19 billion to our deficit. That has to be paid too by 
our children and by small businesses being affected by this 1099 
proposal. Let's do this the right way. Let's do it the way the Senator 
from Nebraska has suggested--pay for it. It should be corrected that 
way, not by adding $19 billion to our debt.
  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the motion offered by the Senator from 
Montana.
  The yeas and nays having been ordered, the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. 
Lieberman) is necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from North Carolina (Mr. 
Burr).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 44, nays 53, as follows:

                      [Rollcall Vote No. 254 Leg.]

                                YEAS--44

     Akaka
     Baucus
     Bayh
     Begich
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Coons
     Dorgan
     Feinstein
     Franken
     Gillibrand
     Hagan
     Inouye
     Johnson
     Kerry
     Kirk
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Specter
     Stabenow
     Tester
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--53

     Alexander
     Barrasso
     Bennet
     Bennett
     Bingaman
     Bond
     Bunning
     Carper
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Durbin
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kohl
     Kyl
     LeMieux
     Lincoln
     Lugar
     McCain
     McCaskill
     McConnell
     Murkowski
     Nelson (FL)
     Pryor
     Risch
     Roberts
     Sessions
     Shelby
     Snowe
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--3

     Brownback
     Burr
     Lieberman
  The PRESIDING OFFICER. On this vote, the yeas are 44, the nays are 
53. Two-thirds of the Senators voting not having voted in the 
affirmative, the motion is rejected.


                           vote explanations

  Mr. TESTER. Mr. President, unfortunately, I was not able to be 
present to cast an important vote this evening due to a delayed flight. 
The vote was for cloture on the substitute food safety bill, which 
includes my amendment. After widespread foodborne illnesses have 
sickened millions of Americans throughout the country, including in 
Montana, this bill will help restore Americans' confidence in our food 
supply. With my amendment, it will also recognize that family-scale 
producers that have immediate relationships

[[Page 18200]]

with their customers at a local level have not been at the root of our 
food safety problems, so they should not and cannot bear the same 
regulatory burden.
  Had I been present, on vote No. 252, cloture on substitute amendment 
No. 4175 to S. 510, Food Safety Modernization Act, 60 vote threshold, I 
would have voted in the affirmative.
  Mr. PRYOR. Mr. President, due to my airline flight delay traveling 
back from Arkansas, I inadvertently missed the vote on Senator Johanns' 
motion to suspend rule XXII for the purpose of proposing and 
considering his amendment No. 4702 to repeal the 1099 information 
reporting requirement. I would have voted for Senator Johanns' motion 
had I been present.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. LIEBERMAN. Mr. President, I regret having missed votes to 
suspend the rules and consider two amendments to the FDA Food Safety 
Modernization Act. I was unable to be present for these votes due to a 
family wedding.
  Had I been present, I would have voted in favor of the motion to 
suspend the rules to consider Senator Baucus's amendment to repeal the 
form 1099 reporting requirement. This provision imposes an onerous 
compliance requirement on businesses of all sizes, and Congress should 
act quickly to remove that burden and allow businesses to direct their 
time, energy, and resources to growing their businesses and creating 
new jobs.
  I would have voted against the motion to suspend the rules to 
consider the Johanns amendment because it would have delegated 
Congress's constitutionally delegated responsibility to make spending 
decisions to the executive branch, also shifting accountability for 
making difficult and unpopular spending cuts from Congress to the 
President.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, we have just invoked cloture on the food 
safety bill, and I think it is important for the American people to 
know what that means. That means we are going to spend another $1.4 
billion of their money. No. 2, we are going to raise the cost of food 
over the next year, and therefore we are at about $200 million to $300 
million. We set $141 billion per year in unfunded mandates on the 
States if we pass this bill, and we didn't fix the real problem with 
food safety in this country, according to the Government Accountability 
Office.
  The other point I wish to make is that we went through this process 
over the last week and a half with no amendments being allowed--no 
amendments being allowed--which really violates the spirit of the 
Senate. We could have finished this bill probably the week before 
Thanksgiving had amendments been allowed.
  The thing Washington gets wrong--it is not their intent, it is not 
their well-meaning desire to fix problems that are in front of the 
country--what Washington gets wrong is they think spending more money 
and setting up a ton more regulations will fix problems, and it 
doesn't. What it does is it raises costs. So we are going to see a lot 
of small food manufacturers no longer making food. We are going to 
raise the cost of our food and, by the way, see significant increases--
if I could have my charts on the floor, I would appreciate it--this 
year in food, and we are going to see that extended, but we are not 
going to fix the real issue.
  Food safety is on the minds of everybody in this country because of 
the recent 500 billion egg recall in this country. It is important to 
know what went on there. It is important to note that the head of the 
FDA, Dr. Margaret Hamburg, said had their rule been in existence, we 
wouldn't have had that problem of salmonella with eggs. They 
promulgated the finished rule around the time of the salmonella 
infection and contamination on the eggs.
  The problem with that is it took 10 years to develop that rule. 
Nobody has asked why it took 10 years. Nobody had a hearing before we 
passed this rule to say: How did we allow this to happen? But we took 
10 years.
  Senator Harkin has the right idea on food safety. He didn't get it 
proper, that bill, because he couldn't get it through, but his idea is 
that we need one food safety organization, not three, and we now have 
three, and we are going to exacerbate that problem with the bill on 
which we just deemed cloture.
  The intent of my colleagues is great, but, as somebody trained in the 
art of medicine, what I see in this bill is different from what you see 
in this bill. You see, I see the problem is not lacking regulatory 
authority; the problem is not holding the regulators in their expertise 
and carrying out the authority they have. How do I know that for sure? 
Because it wasn't a week after the recall on the eggs on the salmonella 
scare that we had two FDA inspectors cross-contaminating farms in Iowa, 
not even following their own regulations. This doesn't do anything for 
that because the only thing that is going to fix the real problems with 
food safety in this country is us holding the regulators accountable, 
not giving them a whole bunch more regulations, and we haven't done 
that. We have failed to do that.
  It is not just in food safety. The reason we have a $1.3 trillion 
deficit is because we don't hold agencies accountable. We are going to 
have a debate in a minute on earmarks, and we are going to hear it put 
forward that the only way we can control it is to direct money 
ourselves. That is just absolutely an untruth. The way you can direct 
where money gets spent in this country is having oversight on the 
agencies and them knowing you are going to look every time on how they 
are spending the money and make them justify it. But the fact is, we 
are not looking because we have decided we will take ours and we will 
put our $16 billion over here, and you, administration, can take your 
money and put your money where you want to put it. That is the real 
debate on earmarks. There is nothing in our oath that says anything 
about our obligation to our State to bring money back to it. And the 
hidden little secret on earmarks is that they are used as much as a 
political tool as they are to claim ``I am doing something good for my 
State.''


                           Motions to Suspend

  I ask unanimous consent to move to suspend the rules for the 
consideration of amendment No. 4696 and amendment No. 4697.
  The PRESIDING OFFICER. Is there objection?
  Mr. DURBIN. Mr. President, reserving the right to object, I wish to 
ask the Senator from Oklahoma if he could explain the nature of his 
unanimous consent request. I may not object, but I just didn't 
understand it.
  Mr. COBURN. To the Senator from Illinois, I am just bringing these 
up. I have to bring them up either in the morning or this evening for 
votes in the morning, so I am just bringing them up to be available for 
consideration under a suspension of the rules.
  Mr. DURBIN. So it is my understanding the votes will still be 
tomorrow on the two issues the Senator has pending?
  Mr. COBURN. Yes, they will.
  Mr. DURBIN. I do not object.
  The PRESIDING OFFICER. The motions to suspend are pending rather than 
the amendments themselves. Is there objection?
  Without objection, it is so ordered.
  The Senator from Oklahoma has the floor.
  Mr. COBURN. Mr. President, I just want to show my colleagues the 
difference. One of the motions we will vote on on suspending the rules 
tomorrow is, here is S. 510, 280 pages of new rules and new 
regulations. Here is the alternative, which is one-sixth of that. This 
one costs $1.4 billion in direct costs, $400 billion in food increased 
costs, and $141 million in mandatory new spending, mandates to the 
States. This one does none of that.
  What does this bill do? This bill uses common sense to say what 
really controls our food safety. Our food safety is controlled by 
market forces more than anything. And if you look at our history on 
foodborne contamination, we are by far the safest in the world, and our 
rates have been coming down since 1996. Over the last 14 years, our 
rates

[[Page 18201]]

have come down in terms of foodborne illnesses.
  I am not fighting against food safety; I am fighting for common 
sense. What we see in the bill we are going to vote on versus the 
alternative which I am going to offer is one builds and grows the 
government, one raises the cost of government, and ultimately we will 
be taxed to pay for that. One raises the price of food and one puts 
unfunded mandates on the States.
  I am saying that we can accomplish exactly the same goal as my 
chairman, the Senator from Iowa, would like to accomplish without 280 
pages of new rules and regulations. So what do we do? We require the 
FDA and the USDA to immediately establish a comprehensive plan to share 
their data. They have agreements to share data, but they don't share 
the data, so we force them to do that. We require a strategic plan for 
updating their health information technology systems, which the 
Government Accountability Office for the last 5 years has been saying 
is their No. 1 problem. We require the FDA to submit a plan to 
expeditiously approve new food safety technologies and more effectively 
communicate those technologies to the industry and consumers. We 
leverage the free market existing food safety activities by allowing 
the FDA to accredit third-party inspectors, and we provide unlimited 
new authority without imposing new costs or additional regulatory 
burdens. These new authorities intend to better leverage the free 
markets and focus resources on preventing foodborne illness and 
contamination. They include emergency access to records, clarifying the 
HACCP authority relating to high-risk foods, and allowing the FDA to 
develop strategic international relationships.
  What will this bill do? It will fix the real problem: ineffective 
government, ineffective bureaucracies. What we are going to do when we 
pass the food safety bill that is on the floor is we are going to grow 
the government. We are going to create more barriers. We are going to 
raise the cost, and we are still going to have foodborne illnesses.
  So I will end with that and move over to earmarks. I know I have 
several colleagues who wish to speak about it. I am not going to spend 
a long time on it. We have debated it and debated it. The fact is that 
this country did just fine for the first 200 years without the first 
earmark. And when anybody in the Senate in the first 200 years in this 
country tried the earmark, they got shouted down in this body because 
they were told their responsibility was to the country as a whole, not 
to the privileged, well-connected, well-knowing few who helped them 
come up here.
  We have a problem, and the problem isn't earmarks; the problem is the 
confidence of the American people. They see the conflicts of interest 
associated with earmarks. It is not wrong to want to help your State. 
It is not wrong to go through an authorizing process where your 
colleagues can actually see it. It is wrong to hide something in a bill 
that benefits you and the well-heeled few without it being shown in 
light to the American people.
  If we are to solve the major problems that are in front of this 
country over the next 2 or 3 years--and they are the largest we have 
ever seen, they are the biggest problems we have ever seen in this 
country--we have to restore the confidence of the American people.
  Utilization of an earmark is not our prerogative; it is our pleasure. 
We claim a power that we have in fact created. We do direct where the 
money goes. But we should never do it with a conflict of interest that 
benefits just those we represent from our States or just those who help 
us become Senators. All we have to do is look at campaign contributions 
and earmarks, and there is a stinky little secret associated with that: 
the correlation is close to one. That is not something this body should 
embrace, tolerate, or stand for.
  The American people expect us to be transparent, aboveboard, doing 
the best, right thing for the country as a whole. The real process is 
that the Appropriations Committee ignores authorizing committees; $380 
billion a year in discretionary funds are appropriated every year that 
are unauthorized. With that rebuff of the authorizing committees, they 
also put in any earmarks they want or that any other Member wants. It 
is time that stops. It is time we re-earn the trust of the American 
people.
  With that, I yield to my colleague, the Senator from Arizona.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I thank Senator Coburn. I also express my 
appreciation to Senator McCaskill and Senator Udall for joining in this 
very important amendment. As the Senator from Oklahoma mentioned, this 
issue has been debated many times on the floor of the Senate. There 
have been efforts to repeal certain most egregious earmarks. A ``bridge 
to nowhere'' in Alaska was one of those that became more famous than 
others.
  I have to say to my colleagues that I have seen with my own eyes--and 
I say this with great regret--the influence of money and contributions 
in the shaping of legislation. I have seen that come in the form of 
earmarks. One of the individuals I admired a great deal, a former 
Member of the House of Representatives, now resides in Federal prison 
because of earmarking. Another Member of Congress recently got out of 
prison. It was earmarking. We just saw that the former majority leader 
of the U.S. House of Representatives was convicted in court in Texas, 
and earmarking played a major role. The system of rewards for campaign 
contributions was an important factor in that conviction.
  So for many years I have been coming to this floor to express my 
frustration with this corrupt practice. It has been a lonely fight and 
hasn't won me many friends in this body. I understand that. But I also 
want to point out that my criticisms have not been directed just from 
the other side of the aisle. Earmarking is a bipartisan disease, and it 
requires a bipartisan cure. After so many years in the trenches to 
eliminate this practice, I am pleased the American people are demanding 
that they stop this practice.
  As my colleagues know, earlier this month the Senate Republican 
caucus unanimously adopted a nonbinding resolution to put into place a 
2-year earmark moratorium. I applaud my fellow Republicans in the 
Senate for joining our Republican colleagues in the House in sending a 
message to the American people that we heard them loud and clear in the 
election on November 2 that we will get spending under control and we 
will start by eliminating the corrupt practice of earmarking.
  Mr. President, I have had a lot of communications and relations with 
and even attended tea party rallies across my State. There is very 
little doubt that a real revolt is going on out there. I can't call it 
a revolution because I don't know how long it is going to last. I don't 
know how it is going to be channeled. I don't know exactly where this 
movement will go. But I do know it involved millions of Americans who 
had never been involved in the political process before because of 
their anger and frustration over our practices here, and they believe 
earmarking is a corrupt practice. They believe their tax dollars should 
not be earmarked in the middle of the night, without any authorization, 
without hearings.
  The Senator from Oklahoma just pointed out $380 billion in earmarks. 
Some of those earmarks are worthy. If they are worthy, then they should 
be authorized. So what has happened? What we have seen in the last 30 
years or so is an incredible shift from the hands of many to the 
decisions of a few. We don't do authorization bills anymore. We don't 
do an authorization bill for foreign operations. We don't do an 
authorization bill for all of these other functions of government for 
which there are requirements because, what do we do? We stuff them all 
into the appropriations bills. Then the members of the Appropriations 
Committee make decisions that are far-reaching in their consequences, 
with incredibly billions of dollars, without the authorizing committees 
carrying out their proper role of examination, scrutiny, and approval.
  The way the system is supposed to work--and did for a couple hundred 
years--is that projects, programs,

[[Page 18202]]

whatever they are, are authorized, and then the appropriators 
appropriate the certain dollars they feel necessary to make this 
authorization most effective and efficient. So we don't authorize 
anymore. We only appropriate. That is wrong. That really puts so much 
power in the hands of a very few Members of this body and, inevitably, 
it leads to corruption--inevitably.
  The Heritage Foundation wrote a report I urge my colleagues to read. 
It is entitled ``Why Earmarks Matter.'' The first point they make is 
this:

       They invite corruption. Congress does have a proper role in 
     determining the rules, eligibility and benefit criteria for 
     federal grant programs. However, allowing lawmakers to select 
     exactly who receives government grants invites corruption. 
     Instead of entering a competitive application process within 
     a federal agency, grant-seekers now often have to hire a 
     lobbyist to win the earmark auction. Encouraged by lobbyists 
     who saw a growth industry in the making, local governments 
     have become hooked on the earmark process for funding 
     improvement projects.

  There are small towns in my State that feel obligated to hire a 
lobbyist to get an earmark here through the Appropriations Committee. 
They should not have to do that. They should not be spending thousands 
and thousands or tens of thousands of dollars for a lobbyist to come 
here to get an earmark. They should have their desires and their needs 
and their requirements considered on an equal basis with everybody 
else's, not only in their State but in this country. But now they 
believe the only way they will get their pork or their project done is 
through the hiring of a lobbyist.
  The Heritage Foundation goes on:

       They encourage spending. While there may not be a causal 
     relationship between the two, the number of earmarks approved 
     each year tracks closely with growth in federal spending.

  Then the Heritage Foundation says:

       They distort priorities. Many earmarks do not add new 
     spending by themselves, but instead redirect funds already 
     slated to be spent through competitive grant programs or by 
     states into specific projects favored by an individual 
     member. So, for example, if a member of the Nevada delegation 
     succeeded in getting a $2 million earmark to build a bicycle 
     trail in Elko in 2005, then that $2 million would be taken 
     out of the $254 million allocated to the Nevada Department of 
     Transportation for that year. So if Nevada had wanted to 
     spend that money fixing a highway in rapidly expanding Las 
     Vegas, thanks to the earmark, they would now be out of luck.

  So what we do is deprive the Governors and the legislators from 
setting the priorities they feel are the priorities for their States. 
And all too often, the earmark is not what the State or the local 
citizenry or town or county needs as their priorities because they are 
decided with the influence of lobbyists in Washington. I say, with all 
due respect to the appropriators, they don't know the needs of my State 
like I know the needs of my State, and not nearly as much as the mayor, 
the city council, the Governor, and the legislature. Let them make the 
decision where these moneys should be spent, and not on a bike path 
instead of improving a highway.
  Mr. President, I could go on and on. I come down here year after year 
and look at the porkbarrel projects and earmarks, and we discuss the 
ones that are the most egregious and then I am amused and entertained 
by Members who come down and defend many of these absolutely unneeded 
and unnecessary projects. I will not go into many of my favorites at 
this time. I know my colleagues are waiting to speak.
  I ask my colleagues to understand the voice of the people of this 
country. I just read today that more seats were gained by the 
Republican Party than in any election since 1938. Since 1938, there has 
not been such a political upheaval in this country. That is not because 
our constituents have now fallen in love with Republicans. That is not 
the case. The message is that all of our constituents are tired of the 
way both Republicans and Democrats conduct their business in 
Washington, frivolously and outrageously spending their hard-earned tax 
dollars. They believe we are not doing right by them, that we are not 
careful stewards of their tax dollars, that we are engaging in 
practices that need to stop which has disconnected us from the American 
people. We need to connect again with the American people.
  I am going to hear the arguments that it is only a few dollars, not 
much money, and we don't trust the Federal Government to do it. I have 
heard all of those arguments year after year. I have watched year after 
year the earmarks go up and up. I have seen the corruption. Senator 
Dorgan and I had hearings in the Indian Affairs Committee about a guy 
named Jack Abramoff. We saw firsthand the effects of unscrupulous 
lobbyists and the millions and millions of dollars they got in earmarks 
as a result of their corrupt influence. There are many Jack Abramoffs 
in this town; they just haven't gotten famous.
  Mr. President, again, I thank Senators Coburn, Udall, McCaskill, and 
others who support this amendment. As I said 20-some years ago, we will 
keep coming back and back and back to the floor of this body until we 
clean up this practice and restore the confidence and faith of the 
American people--the people who send us here to do their work, not our 
work.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Mr. President, I rise this evening----
  Mr. COBURN. Would the Senator yield for a unanimous consent request?
  Mr. INOUYE. I yield.
  Mr. COBURN. Mr. President, I ask unanimous consent that after the 
chairman of the Appropriations Committee speaks we alternate back and 
forth. We are planning to turn in a bunch of our time--to yield back a 
bunch of our time--and I would suggest that Senator Udall be given 8 
minutes after the chairman of the Appropriations Committee, and 
following him Senator LeMieux, with an intervening statement from the 
other side, followed by Senator McCaskill for 10 and Senator Inhofe for 
15 minutes, alternating back and forth.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COBURN. I thank the chairman for yielding.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Mr. President, I rise this evening to speak against the 
Coburn amendment which imposes a moratorium on congressional 
initiatives for the next 3 years.
  Mr. President, our Founding Fathers bestowed upon the Congress the 
authority to ensure that the people's representatives would make the 
final decision upon spending, not the executive branch. They had lived 
under a monarchy in which the power of the purse resided with the 
Executive, and they had no desire to repeat that experience. In short, 
our Founding Fathers did not want another King, they wanted a President 
but a President whose power would be held firmly in check by a coequal 
Congress.
  None of us should be surprised that President Obama is expressing his 
opposition to earmarks. A ban on earmarks would serve to strengthen the 
executive branch of government by empowering the President to make 
decisions that the Constitution wisely places in the hands of Congress. 
This is the exact same reason Presidents Clinton and Bush sought the 
line-item veto during their Presidencies.
  As I have said many times before, the people of Hawaii did not elect 
me to serve as a rubberstamp for any administration. Handing over the 
power of the purse to the executive branch would turn the Constitution 
on its head.
  So I must admit, Mr. President, I find it puzzling that some 
Republicans would want to grant all authority over spending to any 
President but especially a Democratic President. Make no mistake, that 
is exactly what this amendment will do.
  We have heard numerous misleading arguments from opponents of 
earmarks, but several in particular seem to be repeated again and 
again. I cannot allow the misinformation or misrepresentation to go 
unanswered.
  First and foremost, opponents falsely claim that earmarks contribute 
to the deficit. Perhaps the strongest proponent of this argument is the 
junior Senator from South Carolina who stated the following in a 
fundraising letter he sent out in October:


[[Page 18203]]

       I am not willing to bankrupt my country for earmarks.

  It is a fine statement. This is but one example of the many times 
over the past year in which so-called deficit hawks have falsely 
asserted that earmarks are the root cause of our Nation's fiscal 
problems. This is especially galling when you consider that many of 
these same individuals supported the policies that led directly to the 
current budget crisis.
  In the interest of setting the record straight, and as chairman of 
the Senate Appropriations Committee, I feel compelled to point out to 
my colleagues that eliminating earmarks would do virtually nothing to 
balance the Federal budget. This is a cynical attempt to distract the 
American people from the serious challenges before us and nothing more.
  The numbers clearly demonstrate just how misleading the arguments of 
earmark opponents are. According to the most recent Congressional 
Budget Office estimate, Federal spending for fiscal year 2010 totals 
about $3.5 trillion, and revenues for that year total about $2.2 
trillion, resulting in a deficit of $1.3 trillion. Congressional 
initiatives make up less than \1/2\ of 1 percent of the total Federal 
spending. If we accept this proposal to eliminate all earmarks and take 
the second necessary step of actually applying the savings to deficit 
reduction, the total deficit for the United States would still be $1.3 
trillion.
  If opponents were serious about eliminating the deficit and paying 
down the national debt, they would offer a specific plan for cutting 
the $1.2 trillion in spending or for increasing revenues. Instead, they 
choose to mislead the American people by implying that we can balance 
the budget by cutting a tiny fraction of Federal spending.
  Calling for the elimination of congressional earmarks is a legitimate 
philosophical position to take, although not one with which I agree. 
However, to suggest that earmarks are the cause of our deficit of $1.3 
trillion is irresponsible.
  Adding to this misleading rhetoric are allegations that 
congressionally directed spending is an inherently corrupt practice 
that is hidden from the public eye. That allegation is simply false. We 
all recognize that the practices of the previous majorities led to 
significant abuses of the system. However, since we recaptured the 
Congress in 2006, Democrats have instituted a series of major reforms 
that now hold Members accountable and have made earmarking more 
transparent than ever. That is the law.
  I would ask any of my colleagues: Can anyone name another part of the 
Federal budget--and let me remind my colleagues we are talking about 
less than \1/2\ of 1 percent of the budget--that is subject to more 
scrutiny than earmarks?
  The Appropriations Committee requires every Member to post his or her 
request 30 days prior to the committee's consideration of the relevant 
appropriations bill. The committee requires every Member to submit a 
letter that he or she does not have a pecuniary interest in the 
projects for which the funding is being requested. The committee's Web 
site provides a link to every single Member's request. These are all 
reforms that were implemented when the Democrats took control of the 
Senate and the House.
  To pretend and suggest that earmarks are being doled out in a 
business-as-usual manner reflective of previous Congresses is flatout 
misleading. Reforms have been made that allow great projects that 
provide benefits to the Nation and to individual States and districts 
to be funded while ensuring that the abuses of the early and mid-2000s 
are a thing of the past. There can be no doubt that we have entered an 
age of real transparency when it comes to earmarks.
  Moreover, each and every earmark that comes before the Senate today 
is listed in the committee report so that all Members are able to 
identify them and know exactly what they are voting on. Of course, the 
Internet makes all earmark requests available to the press and to the 
public. The Internet also makes all campaign contributions over $200 
equally accessible. So where is the so-called corruption? Where are the 
secret deals? I would like to know about them.
  Further, I remind my colleagues that in 2010, funding for earmarks is 
less than half of the $32 billion in earmarks provided in 2006.
  I have spent considerable time refuting the misinformation being 
spread by those who are opposed to congressionally directed spending 
initiatives. If I may, I would like to highlight a few examples of why 
the practice of earmarking is indeed necessary.
  As chairman of the Defense Appropriations Subcommittee, I have 
witnessed the benefits of earmarks firsthand over many years. I have 
previously discussed the benefits to our troops and our Nation of the 
Predator drone--the pilotless drone that is able to pick up enemy sites 
without endangering our troops. I have pointed to the new bandages that 
quickly stop bleeding in serious wounds that have saved countless lives 
of our soldiers fighting in Iraq and Afghanistan. Mr. President, these 
are earmarks.
  Let me now turn to other areas of the Federal budget. I will start by 
reminding my colleagues that one of the most successful programs for 
low-income women and infants started out as an earmark. In the 1969 
Agriculture appropriations bill, Congress earmarked funds for a new 
program called WIC to provide critical nutrition to low-income women, 
infants, and children.
  Over the past 41 years, this program has provided nutritional 
assistance to over 150 million women, infants, and children, making a 
critical contribution to the health of the Nation. This vital program 
has provided much needed assistance to millions, and it came into 
existence as an earmark.
  In 1969 and 1970, Congress earmarked $25 million for a children's 
hospital in Washington, DC, despite the objections to and the veto by 
the President. That funding resulted in what we know today as the 
Children's National Medical Center. Children's Hospital has become a 
national and international leader in neonatal and pediatric care, 
providing health care to over 5 million children since its doors 
opened. Again, I note this was an idea--an earmark--directed by 
Congress and vetoed by the President.
  In 1987, Congress earmarked funds at the request of Senator Domenici 
for mapping the human gene. This project became known as the human 
genome project. This research has led to completely new strategies for 
disease prevention and treatment, including the discoveries of dramatic 
new methods of identifying and treating breast, ovarian, and colon 
cancers. No one disputes that these advances will save many lives, and 
it all began with an earmark. This was a project that was not supported 
by unelected agency bureaucrats in the executive branch, and thus would 
never have made it into the budget without congressional intervention.
  In the early 1990s, I pursued, along with my dear friend, the Senator 
from Alaska, the late Ted Stevens, an earmark through NOAA to fund a 
tsunami warning system. This earmark came under attack in the late 
1990s and early 2000 by a few Members as wasteful spending. Of course, 
in this particular case, as in many others, time and events would prove 
this to be a wise investment of tax dollars.
  We all remember that on December 26, 2004, the Indian Ocean tsunami 
occurred, killing over 200,000 people in 14 countries. Two years later, 
the Republican Congress passed and the Bush administration signed into 
law the Tsunami Warning and Education Act. This legislation was based 
on the foundation established by the 14 years of earmarking for the 
Tsunami Hazard Mitigation Program.
  A congressional initiative that began in 1998 at the behest of 
Senator Gregg would lead to the creation of the National Domestic 
Preparedness Consortium, which is now the principal vehicle through 
which FEMA identifies, develops, tests, and delivers training to State 
and local emergency responders. The program began as a series of 
earmarks for several nationally recognized organizations which focused 
on

[[Page 18204]]

counterterrorism preparedness and response needs of the Nation's 
Federal, State, and local emergency first responders and emergency 
management agencies. As a result of the training and expertise 
providing by NDPC members, thousands of New York City first responders 
had been through counterterrorism preparedness and response training at 
the centers prior to the 9/11 terrorist attacks.
  There are thousands of other earmarks just like these that, over the 
years, have made a difference in the lives of Americans, projects the 
bureaucrats in downtown Washington never hear about because they do not 
communicate with constituents on a regular basis, programs such as the 
Predator and the Human Genome Project that are so innovative that an 
unelected, unaccountable government official is reluctant to include 
them in the budget out of fear that he or she will be accused of 
wasting taxpayer funds on an unproven technology.
  Other Members will be speaking against this amendment and will have 
examples of why simply stopping all earmarking is wrong and detrimental 
for government and our citizens. The Founding Fathers bestowed upon 
Congress the responsibility to determine how our taxes should be spent, 
rather than leaving those decisions to unelected bureaucrats in the 
administration, and obviously with good reason. Certainly we can all 
agree that Members of Congress who return home nearly every weekend to 
meet with constituents have a much better understanding of what is 
needed in our cities and towns across rural America than do the 
bureaucrats sitting in Washington.
  For all these reasons, I will continue to defend the right of 
Congress to direct spending to worthy projects as long as I am 
privileged to serve in the Senate and call attention to those who 
distort the facts of the subject.
  I urge my colleagues to vote against the Coburn amendment. We have 
already taken significant and forceful steps to ensure the abuses of 
the past are not repeated. This amendment ignores those steps while at 
the same time deprives the Congress of essential constitutional 
prerogatives. It does nothing to decrease the debt and is designed to 
give political cover to those who lack a serious commitment to deficit 
reduction.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. UDALL OF Colorado. Mr. President, I will take a few minutes, if I 
can, to speak in favor of the bipartisan earmark moratorium amendment 
before us. This is the amendment that Senator Coburn, Senator 
McCaskill, Senator McCain, and I have introduced.
  I wish to specifically start by talking about what I have heard in 
Colorado. There is an old saying--I know it is widespread; you hear it 
all over our great country--that if you are in a hole, you stop 
digging. That sums up what I have heard from many Coloradans who are 
justifiably worried about our Federal deficit. I believe we cannot 
climb out of that hole we have dug for ourselves unless each one of us 
here in the Senate--and, frankly, across the Rotunda in the U.S. House 
of Representatives--takes ownership of this problem and agrees to pitch 
in to solve it.
  I have long pushed for the President to have line-item veto 
authority, and we ought to restate pay-as-you-go spending which served 
us so well in the 1990s, among other measures. But we can't just 
continue to talk about these reforms; we need to take action. That is 
why I have joined a chorus, a growing chorus of legislators on both 
sides of the aisle to end the practice known as earmarking.
  I know many people will argue that earmarking does not significantly 
contribute to the budget deficit. But, with all due respect, I disagree 
with that argument, and I believe it misses the point. It is true that 
earmarks are a tiny fraction of money we spend each year--less than 1 
percent of the Federal budget or $16 billion last year, according to 
numerous watchdogs. It is also true that some earmarks may be 
worthwhile, even necessary projects. But because earmarks are inserted 
in spending bills by lawmakers, thereby circumventing the budget 
process, they are both a symptom and a source of the spending problem 
in Congress and are emblematic of how poor our budgeting habits have 
become. Members of Congress have become so focused on protecting their 
pet projects that they feel pressure to not speak up about Congress's 
spending habits. In fact, I suggest that earmarks lure Members into 
habitually voting for increased spending so as not to jeopardize their 
own earmarks.
  In addition, from a practical standpoint, I believe Congress spends 
its limited time and resources shuffling earmarks when we could be 
conducting much needed oversight, making our Federal Government leaner 
and more responsive to the people. This diversion means earmarks are 
partly to blame for the lack of oversight necessary to ensure that the 
remaining 99 percent of the Federal budget is well spent. If we had 
extra money to spend, that would be one thing, but we are truly in a 
deep fiscal hole, and we need to stop digging. Earmarks are only a 
small part of why we are in that spending hole, but banning them now, 
in my view, will be a small but important step toward fiscal 
discipline.
  Ultimately, I believe that all Colorado families, and Americans, are 
the ones who will be hurt if we do not begin to reform spending and 
control our debt. We will have many more opportunities to address our 
crushing deficits in the coming months and years, but banning earmarks 
is the right place to begin down this path of fiscal responsibility.
  I urge my colleagues to support this important small step to fiscal 
responsibility. It is a bipartisan amendment. I look forward to the 
vote tomorrow, and I know many of my colleagues are going to join me 
and this bipartisan group of Senators who believe it is now time to 
reform this earmarking projects.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa. Just a moment.
  The understanding was to alternate between those who are opposed and 
those who are supporting.
  The Senator from Iowa.
  Mr. HARKIN. Mr. President, I ask if I could have 15 minutes.
  Mr. INOUYE. I yield 15 minutes.
  Mr. HARKIN. Mr. President, I thank the Senator from Hawaii for 
yielding me 15 minutes of our time.
  I challenge anyone--even my friend from Colorado who just spoke, a 
new Member of this body--I challenge anyone to identify any other part 
of the Federal budget that is more transparent, more open, more subject 
to scrutiny, more accessible to the media and the public than 
congressionally directed funding or earmarks. Every Member who requests 
an earmark in an appropriations bill must post his or her request 
online at least 30 days before the Appropriations Committee considers 
the bill. Every Member who requests an earmark must certify that he or 
she does not have a pecuniary interest in those requests. Each and 
every earmark that comes before the Senate is listed in the committee 
report for all to see, and if you log on to the committee Web site, you 
can find a link to every single request any Member has made. It is all 
out there in the open.
  I remind people of this because one of the misleading arguments 
against congressionally directed earmarks is that they are supposedly 
done in secret, hidden from the public eye. At one time, that may have 
been true to some extent but today, thanks to reforms that were 
implemented by Democrats, by a Democratic House and a Democratic Senate 
in 2007, there is more sunshine on congressionally directed spending 
than on any other spending decisions in the entire Federal Government.
  There is more sunshine on congressionally directed funding than on 
any other Federal spending in the entire Federal Government. Why do I 
emphasize that? Let's consider how the executive branch--the 
President--directs spending to States and local communities. Make no 
mistake about it, the executive branch earmarks funding, but there is 
very little sunshine when it comes to those decisions. They are very 
hidden.

[[Page 18205]]

  When a Federal agency announces that a facility should be built in 
Nebraska rather than Texas or Alabama or whether a defense contract 
should go to a company in Colorado or Arizona rather than Rhode Island 
or Ohio, there may be no accountability to voters for those decisions. 
The employees of Federal agencies are civil servants. They are good 
people, but they are not elected. They do not meet with constituents. 
They cannot possibly understand the needs of local communities as well 
as those who stand for election.
  Most important, no one knows when those civil servants get a phone 
call from their bosses, higher up, telling them, for example, to 
jiggle, to rig a grant competition for political reasons. Does anyone 
doubt that is done? Every single year it is done.
  Frankly, Senators and Congressmen do it. What Senator worth his or 
her salt or any Member of the House fighting for their constituency 
doesn't call up the Secretary of Transportation, Secretary of Housing 
and Urban Development, Secretary of Defense? We all do it. We all do it 
to protect our own constituents. And if you happen to be on the right 
committee--for public works, maybe, or for education or for the myriad 
of things the Federal Government does--those Secretaries tend to pay 
attention, and they especially pay attention if they are in the same 
party you are or they may pay attention if they want your vote for 
something else.
  An example: A few years ago during the Bush administration, I asked 
the inspector general to examine a program in the Employment and 
Training Administration called High-Growth Jobs Initiative. It sounds 
great, doesn't it--High-Growth Jobs Initiative. This was an executive 
branch program. The IG reported that, of the 157 grants awarded under 
the program, 134 had been awarded without any competition.
  Noncompetitive awards accounted for 87 percent of the total funding, 
and the inspector general found many serious lapses in the award 
process. For example, a failure to explain why there was no 
competition; the lack of any documentation regarding potential 
conflicts of interest.
  So was it any surprise when we found out that some of these 
noncompetitive grants went to organizations that supported President 
Bush's reelection campaign or was this just a coincidence? Let's not be 
naive. This happens. I may have pointed out President Bush because it 
happened to be an investigation I asked for. It happens under 
Democratic Presidents too.
  If this amendment passes, if the Coburn amendment passes, there will 
still be earmarks. There will be earmarks, but only the executive 
branch will be able to do it. They will have the power to designate 
where those earmarks go, and that flies in the face of the clear intent 
of the Constitution. Article 1 of the Constitution expressly gives the 
power of the purse to the Congress. We are all familiar with the 
principle of checks and balances.
  One way the Constitution puts a check on the executive branch is by 
giving this branch, the legislative branch, the final say on spending. 
I have said so many times that the President of the United States 
cannot spend one dime that we do not authorize him to, and we can take 
it all back if we want. Oh, they have set up an executive branch but 
only because Congress gives that power to the President.
  The Constitution gives Congress the final say on spending. I realize 
the Constitution may seem like ancient history to some people. I am 
sorry to say it may seem like ancient history to some Members of this 
body. So let me paint a picture of a world where only the executive 
branch can decide to direct Federal spending. Let me paint this 
picture. Let's imagine the Coburn amendment passes and a future 
President wants Congress to pass a bill. It can be a Democratic 
President or it can be a Republican President. It does not matter.
  The vote on the bill is going to be close. The President calls 
Senator Jones and says: Senator, I would like your support on this 
bill. Senator Jones says: I am sorry, Mr. President, I have thought 
hard about it. I am not going to be able to support that bill.
  Oh, there is probably a little pause on the phone, and the President 
says: You know, Senator, I know that replacing that bridge in your 
capital city is real important to you. It would be a real shame if your 
State missed out when the executive branch is setting its priorities 
for next year. Now, Senator Jones, would you like to reconsider how you 
are going to vote on that bill?
  That is executive branch earmarking. Again, as I said, it makes no 
difference whether the President is a Republican or Democrat. It is a 
matter of respecting the Constitution and preserving the constitutional 
prerogatives of the legislative branch. Some people say: Well, Harkin, 
why do you fight so hard for these earmarks? As Senator Udall says, it 
is \1/2\ percent of total Federal spending. I fight so hard because the 
Constitution gives that power to the legislative branch. We should 
protect the constitutional prerogatives of the legislative branch, not 
just willy-nilly give them to any President of the United States, which 
is what the Coburn amendment does.
  Read the amendment carefully. See how it defines ``earmarks.'' It 
applies only to ``a provision or report language included primarily at 
the request of a Senator or Member of the House of Representatives.''
  There is nothing in the Coburn amendment to prohibit any earmarks by 
the President. They can earmark anything, and they will because they 
always do. They will earmark, and guess what. Senators--Senators--will 
start going to the President and saying: Mr. President, can you, 
please, I need that bridge. I need that flood control project. We just 
had a disaster, Mr. President.
  Well, Senator, I will think about it when we set our priorities next 
year. Well, now, Senator, how are you going to vote on my priorities?
  Do you want to be in that position? I do not want to be in that 
position. I want to be in the position where Congress fulfills its 
Constitutional prerogative. So under the Coburn amendment, if Congress 
requests, it is an earmark; if the President requests, it is not an 
earmark. How does that make sense? How does that make sense?
  Well, here is an example again of the double standard. The fiscal 
year 2011 Labor, Health and Human Services, Education appropriations 
bill that the Senate will probably vote on in December includes funding 
for national education groups such as Teach for America, Reading is 
Fundamental, Reach Out and Read, the National Writing Project, and many 
others. These are successful, proven programs with significant 
bipartisan support.
  But under the definition of the Coburn amendment, all are earmarks 
and none would be funded. They would all be eliminated. But under the 
terms of the Coburn amendment, if the President wanted to fund those 
programs, no problem. They would not be considered earmarks at all and 
they could receive funding, as long as the President wanted to do it. 
Again, I ask, what sense does that make?
  My State of Iowa had terrible floods in 2008--a lot of damage. 
Louisiana and Texas have had destructive hurricanes on a regular basis. 
In the wake of these disasters, typically the Corps of Engineers comes 
up with a plan to mitigate the damage from future possible disasters. 
For example, the Corps is now working to improve a flood prevention 
program in Cedar Rapids, IA, which was devastated by the worst flood in 
the history of Iowa in 2008.
  If the Coburn amendment passes, whatever the Corps plan comes up with 
will be final, even if local officials strongly disagree with that. 
Under the terms of the Coburn amendment, a strong case may be made that 
any legislative action by Members of Congress to modify the Corps plan 
would be an earmark--an earmark. Representing my constituents, it would 
take an extraordinary two-thirds vote in the Senate to change the Corps 
of Engineers plan--not a majority, not 60 percent but two-thirds of the 
Senate. Again, I again ask you, what sense does that make? How are we 
fighting for our constituents when the President decides it; we cannot.

[[Page 18206]]

  We have local constituents who say: We have better ideas and plans on 
what to do. The Corps says no. Well, that is the end of it, unless the 
President tells the Corps what to do. I do not want to lose my ability 
to intervene effectively for local or State officials when this kind of 
issue arises, and I do not think Senators from Texas, Louisiana or any 
other State want to lose their ability to stand for the best interests 
of their State. I cannot imagine any Senator who would forfeit this 
important constitutional prerogative, give up, give up your 
constitutional prerogative to the President, so you would not be able 
to fight for your State and your constituents. Is that what you are 
going to tell them?
  Proponents of this amendment say: Forget about article 1 of the 
Constitution. We have to do whatever it takes to cut the deficit. The 
only way to do that is to ban earmarks.
  This is grossly misleading. Yes, we do need to cut the deficit. 
Banning earmarks will not do anything to help.
  Congressionally funded mandates, as I said, are less than one-half of 
1 percent of total Federal spending. As one observer noted: The best 
way to lose weight is to shave. My friend, Senator Udall, said reforms 
circumvent the budget process. No, it does not. Nothing we do on 
appropriations at all circumvents the budget process.
  He said: When you are in a hole, stop digging. Well, sure, we can 
stop digging. We can stop the earmarks here. We are just going to shift 
them to the President. That is all. That is all that is going to 
happen.
  Lastly, I had to laugh when I read this quote from Representative 
Michele Bachmann in the House. This was in Congressional Quarterly 
Today. She is founder of the House Tea Party Caucus, one of several 
lawmakers who have pledged not to seek earmarks. But she told the 
Minneapolis Star Tribune she thinks the word ``earmark'' should not 
apply to infrastructure projects. ``I don't believe that building roads 
and bridges and interchanges should be considered an earmark.''
  Oh, so she gets to decide what is an earmark. She wants no earmarks 
except for what she wants as an earmark. That is it. Congressman Mica 
of Florida said: ``There are some bills that require some legislative 
language to direct the funds, otherwise you're just writing a blank 
check to the administration.'' That is a Republican Congressman from 
Florida.
  Congressionally directed spending is congressionally directed 
spending whether it is a highway or a hospital, whether it is in 
Wyoming or Tennessee. I, for one, am proud of the directed funding that 
I have been able to secure on behalf of my State and for other States 
that I have worked hard for or other entities such as Teach for 
America. It does not necessarily help Iowa but it helps a lot of 
States.
  These fundings have created jobs, trained nurses, built roads, and, 
as the distinguished chairman said, one time I remember when Pete 
Domenici put that money in there for the Human Genome Project, it led 
to the establishment of the Human Genome Institute and a complete 
mapping and sequencing of the human gene. Had that money not been 
directed, it never would have happened, I say to my chairman.
  So a lot of times Congressmen, Senators have good ideas on what to do 
to direct some of this funding. I think we ought to be proud of that. 
As long as the sunshine is on it, it is out in the open, everybody 
knows where it goes, everybody knows who has requested it, to me, this 
is the constitutional prerogative of the Senate and the House, and we 
should not--should not--give it up to any President.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. I ask unanimous consent, to get an order so we know what 
we are doing after we hear from the Senator from Florida, Mr. LeMieux, 
and then the words from the Senator from New Jersey, Mr. Lautenberg, 
that I then would get my 15 minutes from this side to run consecutively 
from the 15 minutes I would get from the distinguished Senator from 
Hawaii.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Florida.
  Mr. LeMIEUX. Before I start my remarks, I ask unanimous consent to be 
added as a cosponsor to Senator Coburn's amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LeMIEUX. Mr. President, it occurs to me that when I address this 
august Chamber tonight--and I follow my colleagues who have served here 
for a very long time and with distinction; I am new to this Chamber--I 
have a different perspective.
  But my comments tonight are not meant without respect because I have 
a great deal of respect for those who have spoken in opposition to this 
amendment, but I have a differing view. I am new to the Senate, as you 
know. I came here last year, in 2009. I did not have a specific 
position on earmarks before I got here. I knew that there was a problem 
with Federal spending. But I had not yet made a decision as to whether 
I would support earmarks.
  When you hear about a project for your home State, whether it be for 
a hospital or for a road or for a bridge or for a sewage treatment 
plant--and for the folks who are at home who are watching this, if they 
have not yet found Monday Night Football on their television and may 
have stumbled across C-SPAN, these projects all sound very good, and a 
lot of them are very good.
  I hear from a lot of people in my State wanting me to support a 
particular project via an earmark. An earmark is a Member-driven 
appropriation, where a Member of Congress says: I want this specific 
spending for my home State or for an issue or project that I think is 
important.
  They come to me and they say: We need this project. We need this 
funding. We need this research. It all sounds good. I think in a world 
where our financial house was more in order, there could be a role for 
those earmarks, if transparent.
  But I cannot support them in the situation we are in. The chairman of 
the Appropriations Committee, just a few moments ago in his speech, 
raised the point that this Congress in last year's budget was $1.3 
trillion in deficit.
  It is our constitutional responsibility to appropriate. That is what 
article 1 says. The power of the purse lies in the Congress. Congress 
has not been doing a very good job--$1.3 trillion in debt, in deficit, 
in just 1 year. It took 200 years for this country to go $1 trillion in 
debt. We just incurred a $1.3 trillion deficit.
  Those who are in favor of continuing earmarks and who are against 
this prohibition say: Look, it is just a small percentage; it is $16 
billion. In light of a $1.3 trillion deficit, what is a mere $16 
billion? Frankly, that argument doesn't ring true with the people of 
Florida. When one talks to a Floridian and says there is $16 billion in 
spending, that is still a lot of money to regular people.
  But it is more than that. When I came here and started to vote on 
appropriations bills, in the first few months of 2009, I noticed those 
appropriations bills were 5, 10, 15, 20 percent more than the last 
year's appropriations bills. No wonder the country is so far in debt, 
nearly $14 trillion. It is estimated that by the end of the decade, it 
will be 26. We spend $200 billion a year on interest now, the debt 
service on programs we couldn't afford in the past. It will be $900 
billion by the end of the decade because the appropriations bills go up 
and up and up.
  I believe, sitting here, with all due respect, and listening to my 
colleagues, part of the reason those appropriations bills get support 
is because there are Member projects in them. You can't vote against 
the bill once your hometown project is in it. It is the engine that 
drives the train. So it is not losing weight by shaving, as my 
distinguished colleague analogized. It is, as Senator McCain said, the 
gateway drug. It enables the spending we can't afford.
  We have to solve these spending problems. The future is in jeopardy. 
We can't afford $900 billion in interest payments. What will this 
Congress do when the interest payment alone is $900 billion? This is 
not 20 years from now. This is not 40 years from now.

[[Page 18207]]

This is 10 years--really 9 years from now. I contend this government 
will not function with a $900 billion interest payment.
  Maybe this is emblematic, but I believe it is more than that. If we 
can't do the easy things, how is this Congress going to do the hard 
things? How is it going to cap spending? How is it going to cut 
spending?
  The President announced today a moratorium on pay increases for 
Federal employees. That is a good start. But there are 270,000 new 
Federal employees since this administration took over, according to the 
Cato Institute, 270,000 new employees with average salaries of about 
$70,000 a year. We can't nibble around the edges, not with a $1.3 
trillion deficit this year alone, and not with $26 trillion staring us 
in the face by the end of the decade.
  The future of the country is at stake. Our Founding Fathers gave this 
Congress the power of the purse, but with that power comes a 
responsibility not to run the country into the ground with deficit 
spending.
  This is an important step. It is a first step. It needs to be done. 
What needs to be tackled next is much more difficult--the across-the-
board spending cuts that will have to come, tackling Social Security, 
tackling Medicare and making sure those programs are there for our 
seniors now but are reformed in a way that will save them for the 
future and not run this country into a financial hole it can't get out 
of. My friend from Colorado, who was courageous to talk on this issue 
tonight, said: When you are in a hole, stop digging. This is the first 
step. If we can't take this easy step, I don't know how in the world 
Congress is going to take the harder steps that must happen if we are 
going to save this country.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, it is my understanding that I have 15 
minutes to make my presentation. I thank Senator Inouye for enabling 
that.
  I oppose the Coburn motion to place a 3-year moratorium on earmarks. 
I thank Chairman Inouye for his leadership on this issue. It seems, as 
has been said over the years, that we have heard this song before. If 
Members really believe these programs are responsible for our terrible 
fiscal condition, they are wrong. It is make believe. The deficit we 
are wrestling with had its biggest boost during the Bush years when 8 
years of tax cuts for the wealthiest among us brought a $2 trillion 
increase in the national debt. But we never hear about that.
  Earmarks are a vital investment for our communities. They help build 
levees, dams that protect coastal towns from flooding. Look at the 
water shortages across the country. A lot of these are helped by 
earmarks, by congressionally designated programs. We earmark funds for 
waste and drinking water problems, very serious problems. These are not 
frivolous ideas. They help police departments, first responders, 
hospital upgrades, and the purchase of new equipment. Look at 
transportation. It is falling apart. These earmarks, congressionally 
designated, build roads, bridges, and rail stations that strengthen our 
transportation infrastructure. One wouldn't know any of this by 
listening to the critics of designated funding from those sent here by 
our States to represent them with a special knowledge of their needs 
and requirements. These critics have dismissed earmarks as an example 
of wasteful, runaway government spending. We hear them called dirty 
programs, et cetera, mocking them.
  To these critics I say: I would like you to see what happened in 
Jersey City, NJ, where an earmark enabled the Metropolitan Family 
Health Clinic to now screen women for breast cancer for the first time, 
thanks to new equipment funded by an earmark. Or tell it to the 
millions of people whose livelihoods are connected to the ports of New 
York and New Jersey. Earmarks permit us to deepen the harbor at our 
port so ever larger vessels can bring the cargo to our ports and help 
stimulate the economy. That means 230,000 jobs and is a critical 
component of our region's economy. Local communities rely upon this 
kind of funding in times like these when so many State and community 
budgets are stretched thin and revenues shrink and even philanthropy is 
drying up all over the country.
  The fact is, hundreds of communities and nonprofit organizations 
across the country are expecting to receive congressionally earmarked 
funds for the unfinished fiscal 2011 appropriations bills. The Coburn 
amendment would pull the rug from underneath these communities, 
snatching away the Federal support they are counting on us to deliver.
  One has only to see the reception of an organization such as Campus 
Kitchen, a nonprofit project that recently launched in Atlantic City to 
feed needy families who flock there over Thanksgiving and at the same 
time help unemployed workers upgrade their job skills. Campus Kitchen 
is counting on $100,000 worth of congressionally directed funds. If 
this amendment passes, they will close their doors, and those who need 
the food and can only get it there will go hungry.
  What about the resources needed to protect our residents from 
terrorism. Hudson County sits just across the river from New York City, 
right in the heart of one of the most vulnerable areas in the country 
for terrorism.
  This year's Homeland Security appropriations bill includes funding 
for an emergency operations center so that the county can prepare and 
respond to emergencies and potential terrorist threats. One of the most 
serious problems we saw on 9/11, when 3,000 people perished that day, 
was because the police departments could not talk to one another, 
because first responders could not talk to one another, because firemen 
could not talk to their leadership and died that day. Thousands more 
are now sick from the dust and the atmosphere that was created as a 
result of the demolition resulting from the attack. This amendment 
would eliminate funding for this vital program. Yet those who criticize 
these projects are the very same ones who were all too happy to provide 
earmarks when they were in charge.
  I don't want to fool the public. Let them understand what is going on 
here. We are seeing raw politics at work. Earmarks make up just one-
half of 1 percent of the Homeland Security bill for fiscal year 2011 
that was passed by the Senate Appropriations Committee. I was proud to 
author that bill as the chairman of the subcommittee, building on the 
work begun by our recently departed Senator Byrd.
  Compare this to the fiscal year 2006 bill which was written when our 
colleagues on the other side controlled the Congress. Under Republican 
control, earmarks in the Homeland Security appropriations bill were 60 
percent higher than the fiscal year 2011 bill.
  In addition to funding emergency operations centers, the Homeland 
Security bill funds important research that helps our Nation discover 
new ways to prevent potential terrorist attacks and respond when they 
happen. Earmarks also help to strengthen the Coast Guard whose mission 
and value continually increase. It is not wasteful spending. Over the 
years many people have recognized the value of these programs. 
Democrats and Republicans alike proudly included earmarks for 
worthwhile projects in their States. In fact, earmarks flourished when 
the Republicans controlled the Senate. In fiscal year 2006, total 
funding for earmarks was twice the amount included in last year's bills 
when Democrats were in charge, and it was Democrats who implemented the 
ethics reforms and earmark transparency that has significantly improved 
congressionally designated programs.
  Since becoming Appropriations Committee chairman, Senator Inouye has 
been a great leader in this office. He has instituted important changes 
that have made the earmarking process stronger and more transparent. It 
was an essential factor in our review. At Chairman Inouye's request, 
Senators are now required to post their earmark requests on the 
Internet in advance so the public can see them. He has brought this 
entire process further into the light of day, allowing constituents,

[[Page 18208]]

the news media, and outside watchdog organizations to track how 
taxpayer dollars are spent.
  But a funny thing has occurred. Some of our Republican friends who 
have used earmarks to serve their constituents for years suddenly have 
had a change of heart and jumped on the anti-earmark bandwagon. In 
fact, the Republican leader, who in the past brought home hundreds of 
millions of dollars to his State of Kentucky, has done an about-face in 
calling for an earmark ban.
  The hypocrisy of these new earmark critics is outrageous. Here is 
what the critics never mention: Earmarks do not add one cent to the 
deficit, not a single cent. We heard that from our leader here, from 
Senator Inouye.
  When Congress includes an earmark in an agency's budget, it is not 
increasing that budget. It is specifying how a portion of the funding 
should be spent based on their understanding of their State's needs. 
After hearing many requests all of us do, they can evaluate which ones 
they see as the most important. It is a voice of reason and 
understanding.
  The fact is the Founding Fathers gave Congress the power of the purse 
when they wrote the Constitution. Directing funding to specific 
projects is one way Congress exercises this power.
  If we eliminate earmarks, we will transfer our funding powers to the 
President, and that is not the way the Constitution is structured. It 
undermines the authority the Founders placed on us two centuries ago.
  The people who work in the Federal agencies here in Washington 
include some of America's best and brightest, but they simply do not 
necessarily know the needs of our States as well as we do. This debate 
over earmarks is nothing more than a distraction from the pressing 
issues on which we should be focused.
  I call on my colleagues to consider the facts and not the rhetoric. 
Do not be misled. Do not allow the truth to be mangled, misconstrued, 
and misrepresented. Earmarks help create jobs and help millions of 
Americans through their lives, especially now in this stressful period 
where we have people who are afraid they are going to lose their jobs 
after many years of loyal support or, still, lose their homes because 
they cannot afford the mortgages they were sold.
  So I urge my colleagues to oppose the Coburn amendment because it 
will not solve a single problem we face. I hope we will use our time 
for more constructive debate. I would suggest that everybody who talks 
in opposition to earmarks, congressionally designated programs, say now 
on this floor--take an oath that you will in your own State announce 
the fact you are opposing the earmarks that were proposed for it. Tell 
the people back home that you are going to deny their right to accept 
these things because it is dirty, because it is unclean, and they say 
that it goes only to those who contribute large sums of money.
  If you want to look at those who contribute large sums of money, look 
at that side of the aisle. They dwarf what we do in our debate about 
where funding goes and where funding stops.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. LAUTENBERG. Will the Senator yield?
  Mr. INHOFE. Let me ask if I could extend my time by 5 minutes. Is 
there objection?
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

                          ____________________




                       NOTICE OF INTENT TO OBJECT

  Mr. WYDEN. Mr. President, consistent with Senate Standing Orders and 
my policy of publishing in the Record a statement whenever I place a 
hold on legislation, I am announcing my intention to object to any 
unanimous consent request to proceed to S. 3804, the Combating Online 
Infringement and Counterfeits Act, COICA.
  Promoting American innovation, and securing its protection, is vital 
to creating new, good-paying jobs. But it is important that the 
government reach an appropriate balance between protecting intellectual 
property and promoting innovation on the one hand and the freedom to 
innovate, share expression, and promote ideas over the Internet. I am 
concerned that the current version of COICA has this balance wrong; it 
attempts to protect intellectual property in the digital arena in a way 
that could trample free speech and stifle competition and important new 
innovations in the digital economy.
  Of perhaps greater concern, the sweeping new powers offered to the 
U.S. Department of Justice under COICA are granted without giving due 
consideration to the consequences. COICA may not only be ineffective at 
combating copyright infringement and the distribution of counterfeit 
goods, it gives license to foreign regimes to further censor and filter 
online content to serve protectionist commercial motives and repressive 
political aims. Until these issues are thoroughly considered and 
properly addressed, I will object to a unanimous consent request to 
proceed to the legislation.

                          ____________________




                  COMBATING MILITARY COUNTERFEITS ACT

  Mr. WHITEHOUSE. Mr. President, I rise to speak about a bill I 
recently introduced: S. 3941, the Combating Military Counterfeits Act 
of 2010. This bill will help protect America's Armed Forces from the 
risk of defective equipment by enhancing the ability of prosecutors to 
keep counterfeit goods out of the military supply chain.
  The safety of our servicemembers and the success of their missions 
depend upon the proper performance of weapon systems, body armor, 
aircraft parts, and countless other mission-critical products. 
Unfortunately, America's military faces a significant and growing 
threat: the infiltration of the military supply chain by counterfeit 
products. These counterfeit products do not meet military standards, 
putting troops' lives at risk, compromising military readiness, and 
costing taxpayers millions in replacement costs. In the case of 
microelectronics, counterfeit parts also provide an avenue for 
cybersecurity threats to enter military systems, possibly enabling 
hackers to disable or track crucial national security applications.
  Let me give you a few examples from a recent report by the Government 
Accountability Office:
  The Defense Department discovered in testing that it had procured 
body armor that was misrepresented as being ``Kevlar.'' Think about 
that: a criminal sold fake body armor to the military, putting our 
troops' lives at risk just to make a buck. The law must provide strong 
deterrence and harsh sanctions for such conduct.
  And in another example, a supplier sold the Defense Department a 
personal computer part that it falsely claimed was a $7,000 circuit 
that met the specifications of a missile guidance system. As my 
colleagues may know, military grade chips are required to withstand 
extreme temperature, force, and vibration. Chips that don't meet those 
specifications are prone to fail--for example, when a jet is at high 
altitude, when a missile is launching, or when a GPS unit is out in the 
field. The possible tragic consequences of such equipment failing are 
unthinkable.
  And the increasing number of counterfeits has broad ramifications for 
our national security. A January 2010 study by the Commerce Department, 
for example, quoted a Defense Department official as estimating that 
counterfeit aircraft parts were ``leading to a 5 to 15 percent annual 
decrease in weapons systems reliability.'' And the risk is growing. The 
Commerce Department study, which surveyed military manufacturers, 
contractors, and distributors, reported approximately two and a half 
times as many incidents of counterfeit electronics in 2008 as in 2005. 
It is only going to get worse as the high prices of military grade 
products attract more and more counterfeits. Consider, for example, 
that before fleeing the country, the supplier that sold a counterfeit 
$7,000 circuit for a missile guidance system had been paid $3 million 
as part of contracts worth a total of $8 million.

[[Page 18209]]

  We should also evaluate this bill in the context of the relentless 
cyber attacks America weathers every day. The chip might not only be 
counterfeit, it might be the carrier for dangerous viruses and malware 
that may create windows for enemies to enter to sabotage our military 
equipment to steal our military secrets.
  I applaud those of my colleagues who have been working with the 
Department of Defense to ensure that it does everything it can to keep 
counterfeits out of its supply chain. And I am pleased the 
administration, and particularly the intellectual property enforcement 
coordinator, Victoria Espinel, is taking on this issue.
  But I also believe that Congress needs to give the executive branch 
more tools to address these problems. As a former U.S. attorney, I know 
the significant deterrent effect criminal sanctions can provide. To 
that end, the Department of Justice has a vital role to play in using 
criminal investigations and prosecutions to identify and deter 
trafficking in counterfeit military goods.
  Current law is insufficient. The existing counterfeit trafficking 
statute, 18 U.S.C. Sec.  2320, provides for heightened penalties for 
trafficking in counterfeits that result in bodily injury or death. But 
unlike cases of counterfeit pharmaceuticals, it may not be possible to 
prove that a military counterfeit caused bodily injuries or death, 
since the faulty part may never be recovered from a battlefield. As a 
result, traffickers in military counterfeits are likely to face 
penalties that do not reflect the unacceptable risk that counterfeits 
impose on our troops, our military readiness, and our national and 
cyber security.
  We must address this flaw in our laws and we must do so soon. 
Traffickers should face stiff penalties if they knowingly sell the 
military a piece of counterfeit body armor that could fail in combat, a 
counterfeit missile control system that could short-circuit at launch, 
or a counterfeit GPS that could fail on the battlefield.
  The Combating Military Counterfeits Act of 2010 will make sure that 
such reprehensible criminals face appropriate criminal sanctions. It 
creates an enhanced offense for an individual who traffics in 
counterfeits and knows that the counterfeit product either is intended 
for military use or is identified as meeting military standards. It 
doubles the statutory maximum penalty for such offenses. The bill also 
directs the Sentencing Commission to update the Sentencing Guidelines 
as appropriate to reflect Congress's intent that trafficking in 
counterfeit military items be punished sufficiently to deter this 
reckless endangerment of our servicemembers and weakening of our 
national security.
  The bill is narrowly crafted. It adds to an existing offense so that 
it only targets particularly malicious offenders--those who already are 
guilty of trafficking in counterfeit goods and know that the goods in 
question are intended for military use. As a result, this bill will not 
affect legitimate military contractors who might be unaware that a 
counterfeit chip has made its way into one of their products. Nor will 
it apply to makers of products that unintentionally fall short of 
military specifications as a result of innocent mistakes. Indeed, this 
bill will help military suppliers by deterring criminals from selling 
counterfeits to them or to their subcontractors. Manufacturers will 
benefit from the protection of their intellectual property.
  To that end, I have received a letter of support from the U.S. 
Chamber of Commerce which explains that ``[t]his legislation would . . 
. provide an important deterrent to those seeking to profit from the 
sale of counterfeit parts to the military.'' The Semiconductor Industry 
Association has similarly weighed in with their support, explaining the 
irresponsible manner in which counterfeit chips are made and the harm 
that counterfeit chips, most of which are imported into the United 
States, can cause to the military and to their industry. I am grateful 
for their early support and I welcome the comments of other 
stakeholders as I work to make the legislation as effective as possible 
in its deterrence of this shameful criminal activity.
  I of course also very much look forward to working with my colleagues 
on what I expect to be bipartisan legislation that we can act on 
promptly. We all have had the privilege of visiting with our troops. We 
all know the sacrifices they make for our country. We all want to do 
everything we can to ensure that their equipment functions properly and 
that counterfeits do not compromise our nation's military readiness or 
security. By deterring trafficking in counterfeit military goods, the 
Combating Military Counterfeits Act of 2010 is a vital and necessary 
step towards these important goals.

                          ____________________




                       HONORING OUR ARMED FORCES


                        Specialist Dylan T. Reid

  Mr. BENNET. Mr. President, it is with a heavy heart that I rise today 
to honor the life and heroic service of SPC Dylan T. Reid. Specialist 
Reid, who was assigned to the 1st Battalion, 8th Infantry Regiment, 4th 
Infantry Division, in Fort Carson, CO, died on October 16, 2010. 
Specialist Reid was serving in support of Operation New Dawn in Amarah, 
Iraq. He was 24 years old.
  A native of Missouri, Specialist Reid graduated from Desert 
Technology High School in Lake Havasu City, AZ, in 2005 and entered the 
Army in September 2008. He joined his current unit in April of last 
year and deployed to Iraq this past March. He was serving his first 
tour of duty, and quickly showed his commitment and skill.
  During more than 2 years of service, Specialist Reid distinguished 
himself through his courage, dedication to duty, and willingness to 
take on any job. He was given numerous awards and medals, including the 
Army Commendation Medal, the Army Good Conduct Medal, the National 
Defense Service Medal, the Iraq Campaign Medal with Campaign Star, the 
Global War on Terrorism Service Medal, the Army Service Ribbon, and the 
Overseas Service Ribbon.
  Specialist Reid worked on the front lines of battle, serving in the 
most dangerous areas of Iraq. He is remembered by those who knew him as 
a consummate professional with an unending commitment to excellence. 
Friends and loved ones remember how proud Specialist Reid was of his 
new daughter, Avery. They also remember his love for fixing things and 
working on cars.
  Mark Twain once said, ``The fear of death follows from the fear of 
life. A man who lives fully is prepared to die at any time.'' 
Specialist Reid's service was in keeping with this sentiment--by 
selflessly putting country first, he lived life to the fullest. He 
lived with a sense of the highest honorable purpose.
  At substantial personal risk, he braved the chaos of combat zones 
throughout Iraq. And though his fate on the battlefield was uncertain, 
he pushed forward, protecting America's citizens, her safety, and the 
freedoms we hold dear. For his service and the lives he touched, 
Specialist Reid will forever be remembered as one of our country's 
bravest.
  To Specialist Reid's parents, his wife, his daughter, and his entire 
family I cannot imagine the sorrow you must be feeling. I hope that, in 
time, the pain of your loss will be eased by your pride in Dylan's 
service and by your knowledge that his country will never forget him. 
We are humbled by his service and his sacrifice.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                            EASTON, MARYLAND

 Mr. CARDIN. Mr. President, today I ask my colleagues to join 
me in congratulating the Eastern Shore town of Easton, MD, which is 
concluding its 300th anniversary celebration.
  In 1710, the Assembly of the Province of Maryland chose Easton as the 
site for a new court house to serve the pre-Revolution population of 
sea merchants and farmers. Easton was incorporated as a town in Talbot 
County, MD, in 1790 and serves as the county seat.
  Easton is located on the shore of the Tred Avon River that flows into 
the Chesapeake Bay. It was a bustling port for Eastern Shore 
agricultural products and seafood for much of its first

[[Page 18210]]

200 years. Many of the farms on the Eastern Shore of Maryland had 
slaves, and it was in Talbot County where Frederick Douglass, the 
abolitionist, was raised. Because of his national leadership in the 
abolitionist movement, a statue of Mr. Douglass will soon be erected on 
the court house lawn in Easton.
  Easton remains a cultural and community center for merchants, 
lawyers, bankers, trades people, farmers, and watermen. Weekend 
visitors, sailors and retirees have been added to the mix and continue 
to enrich the community.
  Today, Easton is a country town with urbane sensibilities. A 1786 
survey of the town showed that Easton was barely 95 acres, a tiny 
collection of government offices, residences, and shops surrounded by 
wide expanses of farms and forests. Today, Easton is comprised of 6,866 
acres, home to an airport, medical centers, schools, museums, music, 
art competitions, the young Chesapeake Film Festival, and the 
celebrated annual Waterfowl Festival, which fills the closed downtown 
streets with thousands of bird and art lovers.
  I ask my colleagues to join me in saluting the town of Easton, MD, on 
its 300th birthday.

                          ____________________




                       TRIBUTE TO NORBERT SEBADE

 Mr. THUNE. Mr. President, today I wish to recognize Norbert 
Sebade as he celebrates his retirement after 43 years of extraordinary 
service in the banking community. Norbert is ending a career marked by 
outstanding community service and longstanding dedication to economic 
growth and development in the Black Hills through his numerous 
leadership roles in the banking field and beyond.
  Norbert began his banking career in Madison, SD, in the summer of 
1967. He quickly distinguished himself as a leader in the industry. 
Norbert has served as the former President of First Western Bank Wall, 
former chairman of the board of First Western Bank Custer, vice 
chairman of the board First Western Bank Sturgis, former board member 
of South Dakota Bankers Association, SDBA, Insurance Services, former 
chairman of South Dakota Rural Enterprise, and an appointee to the West 
River Economic Development Coalition. Additionally, Norbert has focused 
his attention and energy on the well-being of his communities in other 
ways, serving as a trustee and former chairman of the Rapid City 
Regional Hospital, a trustee for the Black Hills State University 
Foundation in Spearfish, and a board member of the South Dakota 
Community Foundation. He retires today as the regional president of 
First Interstate Bank of the Southern Hills.
  I would like to thank Norbert for his commitment to South Dakota's 
communities and congratulate him on a well-deserved retirement.

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 3:35 p.m., a message from the House of Representatives, delivered 
by Mr. Novotny, one of its reading clerks, announced that the House 
agrees to the amendments of the Senate to the bill (H.R. 5712) to 
provide for certain clarifications and extensions under Medicare, 
Medicaid, and the Children's Health Insurance Program.


                         Enrolled Bills Signed

  At 6:14 p.m., a message from the House of Representatives, delivered 
by Mr. Novotny, one of its reading clerks, announced that the Speaker 
has signed the following enrolled bills:

       S. 3689. An act to clarify, improve, and correct the laws 
     relating to copyrights, and for other purposes.
       H.R. 5566. An act to amend title 18, United States Code, to 
     prohibit interstate commerce in animal crush videos, and for 
     other purposes.
       H.R. 5712. An act entitled the Physician Payment and 
     Therapy Relief Act of 2010.

  The enrolled bills were subsequently signed by the President pro 
tempore (Mr. Inouye).

                          ____________________




                      MEASURES READ THE FIRST TIME

  The following bill was read the first time:

       S. 3985. A bill to amend the Internal Revenue Code of 1986 
     to extend certain expiring provisions, and for other 
     purposes.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-8132. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Robert E. Rust, 
     Jr. Model DeHavilland DH.C1 Chipmunk 21, DH.C1 Chipmunk 22, 
     and DH.C1 Chipmunk 22A Airplanes'' ((RIN2120-AA64)(Docket No. 
     FAA-2010-0632)) received during adjournment of the Senate in 
     the Office of the President of the Senate on October 6, 2010; 
     to the Committee on Commerce, Science, and Transportation.
       EC-8133. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Rolls-Royce 
     Deutschland Ltd and Co KG (RRD) Models Tay 620-15, Tay 650-
     15, and Tay 651-54 Turbofan Engines'' ((RIN2120-AA64)(Docket 
     No. FAA-2010-0301)) received during adjournment of the Senate 
     in the Office of the President of the Senate on October 29, 
     2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8134. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; McDonnell Douglas 
     Corporation Model MD-11 and MD-11F Airplanes Equipped with 
     General Electric CF6-80C2 Series Engines'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0403)) received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     October 6, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8135. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Airbus Model 
     A330-200 and Model A340-200, -300, -500, and -600 Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2009-1215)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on October 6, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8136. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Rolls Royce plc 
     RB211 Trent 700 and Trent 800 Series Turbofan Engines'' 
     ((RIN2120-AA64)(Docket No. FAA-2010-0364)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on October 6, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8137. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; The Cessna 
     Aircraft Company Model 750 Airplanes'' ((RIN2120-AA64)(Docket 
     No. FAA-2010-0380)) received during adjournment of the Senate 
     in the Office of the President of the Senate on October 6, 
     2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8138. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Turbomeca S.A. 
     ARRIEL 2B and 2B1 Turboshaft Engines'' ((RIN2120-AA64)(Docket 
     No. FAA-2007-28077)) received during adjournment of the 
     Senate in the Office of the President of the Senate on 
     October 6, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8139. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Bombardier-Rotax 
     GmbH Type 912 F, 912 S, and 914 F Series Reciprocating 
     Engines'' ((RIN2120-AA64)(Docket No. FAA-2010-0342)) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on October 6, 2010; to the Committee 
     on Commerce, Science, and Transportation.
       EC-8140. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Bombardier, Inc. 
     Model CL-600-2B19 (Regional Jet Series 100 and 440) 
     Airplanes; Model CL-600-2C10 (Regional Jet Series 700, 701, 
     and 702) Airplanes; Model CL-600-2D15 (Regional Jet Series 
     705) and Model CL-600-2D24 (Regional Jet Series 900) 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2010-0375)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on October 6, 2010; to the 
     Committee on Commerce, Science, and Transportation.

[[Page 18211]]


       EC-8141. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; GROB-WERKE (Type 
     Certificate Previously Held by BURKHART GROB Luft--und 
     Raumfahrt) Models G115C, G115D and G115D2 Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2010-0260)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on October 6, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8142. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Bombardier, Inc. 
     Model CL-600-2B16 (CL-604 Variants (Including CL-605 
     Marketing Variant)) Airplanes'' ((RIN2120-AA64)(Docket No. 
     FAA-2010-0439)) received during adjournment of the Senate in 
     the Office of the President of the Senate on October 6, 2010; 
     to the Committee on Commerce, Science, and Transportation.
       EC-8143. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; International 
     Aero Engines AG V2500-A1, V2522-A5, V2524-A5, V2525-D5, 
     V2527-A5, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and 
     V2533-A5 Turbofan Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2009-1100)) received during adjournment of the Senate in the 
     Office of the President of the Senate on October 6, 2010; to 
     the Committee on Commerce, Science, and Transportation.
       EC-8144. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Pacific Aerospace 
     Limited Models FU24-954 and FU24A-954 Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2010-0941)) received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     October 6, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8145. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; McDonnell Douglas 
     Corporation Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, 
     DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-
     10F, MD-10-30F, MD-11, and MD-11F Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2010-0384)) received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     October 14, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8146. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; McDonnell Douglas 
     Corporation Model DC-10-30, DC-10-30F, DC-10-30F (KC-10A and 
     KDC-10), DC-10-40, DC-10-40F, and MD-10-30F Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2010-0514)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on October 14, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8147. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Bombardier Inc., 
     Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2010-0276)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on October 6, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8148. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; McDonnell Douglas 
     Corporation Model DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-
     42, and DC-8-43 Airplanes; Model DC-8-50 Series Airplanes; 
     Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-60 Series 
     Airplanes; Model DC-8-60F Series Airplanes; Model DC-8-70 
     Series Airplanes; and Model DC-8-70F Series Airplanes'' 
     ((RIN2120-AA64)(Docket No. FAA-2010-0639)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on October 14, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8149. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; The Boeing 
     Company Model 747-100, 747-200B, and 747-200F Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2010-0552)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on October 14, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8150. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; BAE SYSTEMS 
     (Operations) Limited Model 4101 Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2010-0474)) received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     October 14, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8151. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Airbus Model A300 
     B4-600 Series Airplanes, Model A300 B4-600R Series Airplanes, 
     Model A300 C4-605R Variant F Airplanes, and Model A300 F4-
     600R Series Airplanes (Collectively called A300-600 Series 
     Airplanes)'' ((RIN2120-AA64)(Docket No. FAA-2010-0644)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on October 14, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8152. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Bombardier, Inc. 
     Model DHC-8 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2010-
     0643)) received during adjournment of the Senate in the 
     Office of the President of the Senate on October 14, 2010; to 
     the Committee on Commerce, Science, and Transportation.
       EC-8153. A communication from the Senior Program Analyst, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Airworthiness Directives; Eurocopter France 
     Model SA-365N, SA-365N1, AS-365N2, AS-365N3, SA-366G1, EC 
     155B, EC155B1, SA-365C, SA-365C1, SA-365C2, SA-360C 
     Helicopters'' ((RIN2120-AA64)
     (Docket No. FAA-2010-0610)) received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     October 14, 2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8154. A communication from the Trial Attorney, Federal 
     Railroad Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Positive Train Control Systems'' (RIN2130-AC03) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on September 30, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8155. A communication from the Trial Attorney, Federal 
     Railroad Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Inflation Adjustment of the Ordinary Maximum and Aggravated 
     Maximum Civil Monetary Penalties for a Violation of the 
     Hazardous Material Transportation Laws and Regulations'' 
     (RIN2130-ZA03) received during adjournment of the Senate in 
     the Office of the President of the Senate on October 14, 
     2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8156. A communication from the Trial Attorney, Federal 
     Railroad Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Miscellaneous Amendments to the Federal Railroad 
     Administration's Accident/Incident Reporting Requirements'' 
     (RIN2130-AB82) received in the Office of the President of the 
     Senate on October 29, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8157. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Insurer Reporting Requirements; List of 
     Insurers Required to File Reports'' (RIN2127-AK69) received 
     in the Office of the President of the Senate on November 10, 
     2010; to the Committee on Commerce, Science, and 
     Transportation.
       EC-8158. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards; 
     Seat Belt Assembly Anchorages, School Bus Passenger Seating 
     and Crash Protection'' (RIN2127-AK49) received in the Office 
     of the President of the Senate on November 10, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8159. A communication from the Regulations Officer, 
     Federal Highway Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Real-Time System Management Information Program'' (RIN2125-
     AF19) received in the Office of the President of the Senate 
     on November 10, 2010; to the Committee on Commerce, Science, 
     and Transportation.
       EC-8160. A communication from the Assistant Chief Counsel 
     for Legislation and Regulations, Maritime Administration, 
     Department of Transportation, transmitting, pursuant to law, 
     the report of a rule entitled ``Launch Barge Waiver Program'' 
     (RIN2133-AB67) received during adjournment of the Senate in 
     the Office of the President of the Senate on September 30, 
     2010; to the Committee on Commerce, Science, and 
     Transportation.

[[Page 18212]]


       EC-8161. A communication from the Regulatory Ombudsman, 
     Federal Motor Carrier Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Limiting the Use of Wireless Communication 
     Devices'' (RIN2126-AB22) received during adjournment of the 
     Senate in the Office of the President of the Senate on 
     September 30, 2010; to the Committee on Commerce, Science, 
     and Transportation.
       EC-8162. A communication from the Assistant Chief Counsel 
     for Hazardous Materials Safety, Pipeline and Hazardous 
     Materials Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Hazardous Materials: Miscellaneous 
     Packaging Amendments'' (RIN2137-AD89) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on September 30, 2010; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8163. A communication from the Senior Regulations 
     Analyst, Office of the Secretary of Transportation, 
     Department of Transportation, transmitting, pursuant to law, 
     a rule entitled ``Procedures for Transportation Workplace 
     Drug and Alcohol Testing Programs: Federal Drug Testing 
     Custody and Control Form; Technical Amendment'' (RIN2105-
     AE03) received during adjournment of the Senate in the Office 
     of the President of the Senate on September 30, 2010; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8164. A communication from the Chief of the Policy and 
     Rules Division, Office of Engineering and Technology, Federal 
     Communications Commission, transmitting, pursuant to law, the 
     report of a rule entitled ``Improving Public Safety 
     Communications in the 800 MHz Band'' ((WT Docket No. 02-
     55)(FCC 10-179)) received in the Office of the President of 
     the Senate on November 1, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8165. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Amendment to Existing Validated 
     End-User Authorization in the People's Republic of China: 
     Semiconductor Manufacturing International Corporation'' 
     (RIN0694-AF02) received in the Office of the President of the 
     Senate on November 1, 2010; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8166. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Grants Pass, Oregon)'' (MB Docket No. 10-117) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on November 7, 2010; to the Committee 
     on Commerce, Science, and Transportation.
       EC-8167. A communication from the Associate Bureau Chief, 
     Wireline Competition Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Schools and Libraries Universal Services 
     Support Mechanism, A National Broadband Plan for Our Future'' 
     (FCC 10-175) received during adjournment of the Senate in the 
     Office of the President of the Senate on October 14, 2010; to 
     the Committee on Commerce, Science, and Transportation.
       EC-8168. A communication from the Chairman of the National 
     Transportation Safety Board, transmitting, pursuant to law, a 
     report relative to the Board's efforts to prevent 
     organizational waste and mismanagement; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8169. A communication from the Deputy Chief Financial 
     Officer, Department of Homeland Security, transmitting, 
     pursuant to law, a report relative to the transfer of funds 
     from the Oil Spill Liability Trust Fund to the Emergency 
     Fund, which is administered by the United States Coast Guard; 
     to the Committee on Commerce, Science, and Transportation.
       EC-8170. A communication from the Assistant Secretary of 
     Legislative Affairs, U.S. Department of State, transmitting, 
     pursuant to law, a report relative to certifications granted 
     in relation to the incidental capture of sea turtles in 
     commercial shrimping operations; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8171. A communication from the Manager of the Eastern 
     Region, Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, a report 
     relative to a Final Environmental Impact Statement for the 
     proposed Capacity Enhancement Program at the Philadelphia 
     International Airport; to the Committee on Commerce, Science, 
     and Transportation.
       EC-8172. A communication from the Secretary of 
     Transportation, transmitting, the Department's Fiscal Year 
     2009 Annual Report as required by the Superfund Amendments 
     and Reauthorization Act of 1986; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8173. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, a report 
     entitled ``The Transportation of Hazardous Materials: 
     Insurance, Security, and Safety Costs''; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8174. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, a report 
     entitled ``National Plan of Integrated Airport Systems 
     (NPIAS) 2011-2015''; to the Committee on Commerce, Science, 
     and Transportation.
       EC-8175. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Change in Disease Status of Japan 
     Because of Foot-and-Mouth Disease'' (Docket No. APHIS-2010-
     0077) received during adjournment of the Senate in the Office 
     of the President of the Senate on November 22, 2010; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-8176. A communication from the Director of the 
     Regulatory Review Group, Farm Service Agency, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Emergency Forest Restoration Program and 
     Emergency Conservation Program'' (RIN0560-AH89) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on November 22, 2010; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-8177. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Trade 
     Agreements--New Thresholds'' (DFARS Case 2009-D040) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on November 22, 2010; to the 
     Committee on Armed Services.
       EC-8178. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Safety 
     of Facilities, Infrastructure, and Equipment for Military 
     Operations'' (DFARS Case 2009-D029) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on November 22, 2010; to the Committee on Armed 
     Services.
       EC-8179. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Balance 
     of Payments Program Exemption for Commercial Information 
     Technology--Construction Material'' (DFARS Case 2009-D041) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on November 22, 2010; to the 
     Committee on Armed Services.
       EC-8180. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Cost and 
     Software Data Reporting System'' (DFARS Case 2008-D027) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on November 22, 2010; to the 
     Committee on Armed Services.
       EC-8181. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Contract 
     Authority for Advanced Component Development or Prototype 
     Units'' (DFARS Case 2009-D034) received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     November 22, 2010; to the Committee on Armed Services.
       EC-8182. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; 
     Contractor Insurance/Pension Review'' (DFARS Case 2009-D025) 
     received during adjournment in the Office of the President of 
     the Senate on November 22, 2010; to the Committee on Armed 
     Services.
       EC-8183. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defense Federal Acquisition Regulation Supplement; Services 
     of Senior Mentors'' (DFARS Case 2010-D025) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on November 22, 2010; to the Committee on Armed 
     Services.
       EC-8184. A communication from the Under Secretary of 
     Defense (Personnel and Readiness), transmitting a report on 
     the approved retirement of General Carrol H. Chandler, United 
     States Air Force, and his advancement to the grade of general 
     on the retired list; to the Committee on Armed Services.
       EC-8185. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to Burma that 
     was declared in Executive Order 13047 of May 20, 1997; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8186. A communication from the Chairman and President of 
     the Export-Import

[[Page 18213]]

     Bank, transmitting, pursuant to law, a report relative to 
     transactions involving U.S. exports to Mexico; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8187. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report entitled ``Operation 
     of the Enterprise for the Americas Initiative and the 
     Tropical Forest Conservation Act 2009 Annual Report to 
     Congress''; to the Committee on Foreign Relations.
       EC-8188. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed technical assistance agreement 
     for the export of defense articles, to include technical 
     data, and defense services to Saudi Arabia related to the 
     operation and maintenance of HAWK and PATRIOT Air Defense 
     Missile Systems in the amount of $50,000,000 or more; to the 
     Committee on Foreign Relations.
       EC-8189. A communication from the Program Manager, Office 
     of Consumer Information and Insurance Oversight, Department 
     of Health and Human Services, transmitting, pursuant to law, 
     the report of a rule entitled ``Amendment to the Interim 
     Final Rules for Group Health Plans and Health Insurance 
     Coverage Relating to Status as a Grandfathered Health Plan 
     Under the Patient Protection and Affordable Care Act'' 
     (RIN0950-AA17) received in the Office of the President of the 
     Senate on November 17, 2010; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-8190. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to transitioning to a value-based purchasing for 
     physicians and other professional services paid under the 
     Medicare physician fee schedule; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-8191. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to implementation of menu and vending machine 
     labeling; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8192. A communication from the Director, Employee 
     Services, Office of Personnel Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Recruitment, 
     Selection, and Placement (General)'' (RIN3206-AL04) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on November 22, 2010; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-8193. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled, 
     ``Comparative Analysis of Actual Cash Collections to the 
     Revised Revenue Estimate Through the 2nd Quarter of Fiscal 
     Year 2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-8194. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled, 
     ``Comparative Analysis of Actual Cash Collections to the 
     Revised Revenue Estimate Through the 1st Quarter of Fiscal 
     Year 2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-8195. A communication from the Chairman, Federal 
     Maritime Commission, transmitting, pursuant to law, the 
     Commission's Fiscal Year 2010 Performance and Accountability 
     Report; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-8196. A communication from the Chairman, Merit System 
     Protection Board, transmitting, pursuant to law, a report 
     entitled ``Performance and Accountability Report for FY 
     2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-8197. A communication from the Chairman, U.S. Nuclear 
     Regulatory Commission, transmitting, pursuant to law, the 
     Commission's Performance and Accountability Report for fiscal 
     year 2010; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-8198. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, the Department's 
     Performance and Accountability Report for fiscal year 2010; 
     to the Committee on Homeland Security and Governmental 
     Affairs.
       EC-8199. A communication from the Assistant Attorney 
     General, Office of Legislative Affairs, Department of 
     Justice, transmitting, pursuant to law, a report relative to 
     the Bureau of Prisons' compliance with the privatization 
     requirements of the National Capital Revitalization and Self-
     Government Improvement Act of 1997; to the Committee on the 
     Judiciary.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. AKAKA, from the Committee on Veterans' Affairs, with 
     an amendment in the nature of a substitute:
       S. 3517. A bill to amend title 38, United States Code, to 
     improve the processing of claims for disability compensation 
     filed with the Department of Veterans Affairs, and for other 
     purposes (Rept. No. 111-354).
       By Mr. ROCKEFELLER, from the Committee on Commerce, 
     Science, and Transportation, with an amendment in the nature 
     of a substitute:
       S. 3302. A bill to amend title 49, United States Code, to 
     establish new automobile safety standards, make better motor 
     vehicle safety information available to the National Highway 
     Traffic Safety Administration and the public, and for other 
     purposes.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. BROWN of Ohio (for himself, Mr. Durbin, Mr. 
             Whitehouse, Mr. Merkley, Mr. Reed, Mr. Menendez, and 
             Mr. Wyden):
       S. 3979. A bill to amend the Emergency Economic 
     Stabilization Act of 2008 to allow amounts under the Troubled 
     Assets Relief Program to be used to provide legal assistance 
     to homeowners to avoid foreclosure; to the Committee on 
     Banking, Housing, and Urban Affairs.
           By Mr. ENSIGN:
       S. 3980. A bill to direct the Secretary of the Interior to 
     transfer to the Secretary of the Navy certain Federal land in 
     Churchill County, Nevada; to the Committee on Energy and 
     Natural Resources.
           By Mr. BAUCUS (for himself, Mr. Reid, Ms. Stabenow, Mr. 
             Reed, Mr. Casey, Mr. Durbin, Mrs. Murray, Mr. Dodd, 
             Mr. Kerry, Mr. Brown of Ohio, Mrs. Boxer, Mr. 
             Schumer, Mr. Lautenberg, Mr. Franken, Mr. 
             Rockefeller, Mr. Wyden, Mr. Whitehouse, Mr. Harkin, 
             Mrs. Shaheen, and Mr. Levin):
       S. 3981. A bill to provide for a temporary extension of 
     unemployment insurance provisions; to the Committee on 
     Finance.
           By Mrs. FEINSTEIN:
       S. 3982. A bill to amend the limitation on liability for 
     certain passenger rail accidents or incidents under section 
     28103 of title 49, United States Code, and for other 
     purposes; to the Committee on Commerce, Science, and 
     Transportation.
           By Mr. VOINOVICH:
       S. 3983. A bill to authorize the State of Ohio to reprogram 
     grant funds received for intercity passenger rail service 
     pursuant to title XII of the American Recovery and 
     Reinvestment Act of 2009 for other transportation projects; 
     to the Committee on Commerce, Science, and Transportation.
           By Mr. REED (for himself, Mr. Enzi, Mr. Harkin, and Mr. 
             Burr):
       S. 3984. A bill to amend and extend the Museum and Library 
     Services Act, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. SANDERS (for himself, Mr. Reid, Mr. Schumer, Mr. 
             Leahy, Mr. Brown of Ohio, Mr. Lautenberg, Mr. 
             Whitehouse, Mrs. Gillibrand, Ms. Stabenow, Mr. 
             Begich, Mr. Menendez, and Mr. Casey):
       S. 3985. A bill to amend the Internal Revenue Code of 1986 
     to extend certain expiring provisions, and for other 
     purposes; read the first time.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 510

  At the request of Mr. Harkin, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of S. 510, a bill to amend the 
Federal Food, Drug, and Cosmetic Act with respect to the safety of the 
food supply.


                                S. 1545

  At the request of Mrs. Gillibrand, the name of the Senator from 
Oregon (Mr. Merkley) was added as a cosponsor of S. 1545, a bill to 
expand the research and awareness activities of the National Institute 
of Arthritis and Musculoskeletal and Skin Diseases and the Centers for 
Disease Control and Prevention with respect to scleroderma, and for 
other purposes.


                                S. 1787

  At the request of Mr. Bingaman, the name of the Senator from Oregon 
(Mr. Wyden) was added as a cosponsor of S. 1787, a bill to reauthorize 
the Federal Land Transaction Facilitation Act, and for other purposes.


                                S. 2747

  At the request of Mr. Bingaman, the names of the Senator from 
Connecticut (Mr. Dodd) and the Senator from Connecticut (Mr. Lieberman) 
were added as cosponsors of S. 2747, a bill to amend the Land and Water 
Conservation Fund Act of 1965 to provide consistent and reliable 
authority for, and for the funding of, the land and water conservation 
fund to maximize the effectiveness of the fund for future generations, 
and for other purposes.

[[Page 18214]]




                                S. 2919

  At the request of Mr. Udall of Colorado, the name of the Senator from 
Ohio (Mr. Brown) was added as a cosponsor of S. 2919, a bill to amend 
the Federal Credit Union Act to advance the ability of credit unions to 
promote small business growth and economic development opportunities, 
and for other purposes.


                                S. 3184

  At the request of Mrs. Boxer, the names of the Senator from 
Washington (Ms. Cantwell) and the Senator from Illinois (Mr. Durbin) 
were added as cosponsors of S. 3184, a bill to provide United States 
assistance for the purpose of eradicating severe forms of trafficking 
in children in eligible countries through the implementation of Child 
Protection Compacts, and for other purposes.


                                S. 3320

  At the request of Mr. Whitehouse, the name of the Senator from 
Illinois (Mr. Durbin) was added as a cosponsor of S. 3320, a bill to 
amend the Public Health Service Act to provide for a Pancreatic Cancer 
Initiative, and for other purposes.


                                S. 3324

  At the request of Mr. Brown of Ohio, the name of the Senator from New 
York (Mrs. Gillibrand) was added as a cosponsor of S. 3324, a bill to 
amend the Internal Revenue Code of 1986 to extend the qualifying 
advanced energy project credit.


                                S. 3398

  At the request of Mr. Baucus, the name of the Senator from New 
Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 3398, a bill to 
amend the Internal Revenue Code of 1986 to extend the work opportunity 
credit to certain recently discharged veterans.


                                S. 3626

  At the request of Mr. Franken, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 3626, a bill to encourage 
the implementation of thermal energy infrastructure, and for other 
purposes.


                                S. 3925

  At the request of Mr. Bingaman, the names of the Senator from 
Wisconsin (Mr. Kohl) and the Senator from Washington (Mrs. Murray) were 
added as cosponsors of S. 3925, a bill to amend the Energy Policy and 
Conservation Act to improve the energy efficiency of, and standards 
applicable to, certain appliances and equipment, and for other 
purposes.


                                S. 3926

  At the request of Mr. Bennet, the name of the Senator from Colorado 
(Mr. Udall) was added as a cosponsor of S. 3926, a bill to amend the 
National Trails System Act to provide for the study of the Pike 
National Historic Trail.


                                S. 3935

  At the request of Mr. Bingaman, the name of the Senator from New 
Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 3935, a bill to 
amend the Internal Revenue Code of 1986 to improve and extend certain 
energy-related tax provisions, and for other purposes.


                                S. 3960

  At the request of Mr. Lautenberg, the names of the Senator from 
Hawaii (Mr. Akaka) and the Senator from Vermont (Mr. Sanders) were 
added as cosponsors of S. 3960, a bill to prevent harassment at 
institutions of higher education, and for other purposes.


                                S. 3965

  At the request of Ms. Stabenow, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of S. 3965, a bill to amend title 
XVIII of the Social Security Act to ensure continued access to Medicare 
for seniors and people with disabilities and to TRICARE for America's 
military families.


                           AMENDMENT NO. 4697

  At the request of Mr. Coburn, the names of the Senator from Tennessee 
(Mr. Corker) and the Senator from Florida (Mr. LeMieux) were added as 
cosponsors of amendment No. 4697 intended to be proposed to S. 510, a 
bill to amend the Federal Food, Drug, and Cosmetic Act with respect to 
the safety of the food supply.


                           AMENDMENT NO. 4702

  At the request of Mr. Johanns, the names of the Senator from South 
Dakota (Mr. Thune), the Senator from Wyoming (Mr. Enzi), the Senator 
from Oklahoma (Mr. Inhofe) and the Senator from Massachusetts (Mr. 
Brown) were added as cosponsors of amendment No. 4702 intended to be 
proposed to S. 510, a bill to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply.


                           AMENDMENT NO. 4713

  At the request of Mr. Baucus, the name of the Senator from Delaware 
(Mr. Coons) was added as a cosponsor of amendment No. 4713 intended to 
be proposed to S. 510, a bill to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply.


                           AMENDMENT NO. 4715

  At the request of Mr. Harkin, the name of the Senator from New 
Hampshire (Mr. Gregg) was added as a cosponsor of amendment No. 4715 
proposed to S. 510, a bill to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN:
  S. 3982. A bill to amend the limitation on liability for certain 
passenger rail accidents or incidents under section 28103 of title 49, 
United States Code, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce a bill to raise 
the cap on rail liability in cases of gross negligence. This bill was 
originally introduced in the House of Representatives by Congressman 
Elton Gallegly of the 24th District of California, and I thank him for 
all of his hard work on it.
  When Congress passed the Amtrak Reform and Accountability Act in 
1997, it included a small provision imposing a strict cap on liability 
in railroad crashes. The cap is now contained in 49 U.S.C. Sec.  28103 
and states that the ``aggregate allowable awards to all rail 
passengers, against all defendants, for all claims, including claims 
for punitive damages, arising from a single accident or incident, shall 
not exceed $200,000,000.''
  What this means is that regardless of the circumstances no matter how 
many people are killed or injured in a train crash, and no matter what 
caused the crash total liability for all of the passengers hurt or 
killed in the crash cannot exceed $200 million.
  The problem is that when a real catastrophe occurs, this number is 
just not sufficient and there is no way around it.
  Let me tell you what happened 2 years ago in California.
  On September 12, 2008, a commuter train in Chatsworth, California 
carrying more than 200 people crashed head-on into a freight train.
  The carnage from this crash was unspeakable. Twenty-five people were 
killed. Their bodies, many torn to pieces, had to be extracted from 
heaps of steel and wreckage.
  Another 101 people were injured. Volunteers and rescue crews worked 
that day to help pull them from the wreckage. Emergency response 
agencies transported over 100 people to hospitals. Their injuries 
ranged from blood in the brain and collapsed lungs to bone fractures, 
gashes, and scratches.
  For some people, the crash was a horrible, harrowing experience, but 
they have been able to return to the lives they had before.
  For others, the families of the 25 people who died and for those who 
suffered the most serious of injuries, life will never be the same.
  According to the final report of the National Transportation Safety 
Board, NTSB, no unexpected equipment malfunction or weather problem was 
responsible for this crash.
  The National Transportation Safety Board report states: ``the 
probable cause of the September 12, 2008, collision was the failure of 
the Metrolink engineer to observe and appropriately respond to the red 
signal because he was engaged in text messaging that distracted him 
from his duties.''
  The NTSB found, in other words, that the engineer wasn't paying 
attention,

[[Page 18215]]

and he sailed through a red signal, crashing head-on into the freight 
train. In fact, the report finds that he was so busy texting that he 
never even hit the brakes.
  According to the report, on the day of the crash, the engineer sent 
21 text messages, received 20 text messages, and made four outgoing 
telephone calls while he was driving the train.
  NTSB wrote,

       the investigation further revealed that this amount of 
     activity was not unusual for this engineer. Wireless records 
     for the 7 days preceding the accident showed that on each 
     workday, the engineer had sent or received text messages or 
     made voice calls during the time he was responsible for 
     operating a train. Two days before the accident, he sent or 
     received about 125 messages during the time he was 
     responsible for operating a train. He had also made phone 
     calls during these periods.

  Astoundingly, the NTSB found that ``the content of all of the 
engineer's text messages over the previous 7 days, including those 
during and outside the times the engineer was responsible for operating 
a train, indicated that the engineer and, a teenage boy, had been 
coordinating to allow, the teenage boy, to operate, Metrolink, train 
111 on the evening of the accident.''
  Although texting while driving the train was clearly prohibited under 
the operating rules of Veolia Transportation, who employed and oversaw 
the engineer under contract with Metrolink, this engineer had been 
violating these ruled habitually and had not been stopped.
  The conductor who worked with the engineer on Metrolink train 111 
observed him using his cell phone while driving the train a month 
before the accident. According to NTSB, ``He said he spoke to the 
engineer about it and he later brought the incident to the attention of 
a supervisor.'' But the behavior obviously continued.
  Bottom line: The report says the engineer wasn't paying attention to 
the passengers' safety, he was sending text messages on his cell phone, 
and no one else took action to stop this dangerous behavior. As a 
result, 25 people died.
  This is unbelievable. And it is unacceptable.
  Since the Chatsworth Crash, I have worked to improve rail safety. In 
October 2008, Congress passed and the President signed the ``Rail 
Safety Improvement Act,'' which included a key provision that I 
strongly pushed requiring mandatory collision-avoidance systems on 
America's major passenger, commuter, and freight lines.
  But this $200 million liability cap remains in place.
  That means that under current law, the train operator, Metrolink, and 
the company that hired and oversaw the engineer, Veolia, believe they 
only have to pay $200 million total to all of the victims of the 
Chatsworth crash and their families.
  It doesn't matter how tragic the families' losses were. Or how high 
the survivors' medical bills are. Or how much has been lost in their 
ability to work and care for their families. The cap is $200 million 
total, regardless of the circumstances.
  This is terrible public policy, should never have been adopted, and 
needs to be changed.
  In a large crash involving hundreds of people and very serious 
injuries, a court needs to be able to award the damages that it finds 
are necessary to care for the victims and their families--to pay their 
medical bills and to compensate for wages they will never again be able 
to earn.
  The bill I am introducing is straightforward. It would raise the 
liability cap in any case where a court finds gross negligence or 
willful misconduct to $500 million. And it would do so retroactively to 
ensure that those who were injured or whose family members were killed 
are not unfairly deprived of the benefits of what was really the right 
policy in the first place.
  I understand that the rail industry believes that the cap on damages 
keeps their insurance costs and risk exposure down, and I appreciate 
all the feedback that has been provided by California's passenger rail 
systems.
  I look forward to working with them to make sure this legislation 
will not have any unintended consequences. I do not expect this bill to 
be considered and enacted this week. Facing that reality, I will work 
with the interested parties, including California High Speed Rail 
Authority and CalTrain, to further refine this legislation. There will 
be an opportunity to introduce an improved product as a ``first day 
bill'' in the next Congress.
  But I believe we must do everything we can first to improve safety on 
our rail lines and second to ensure that when the very worst occurs and 
people are injured or lose their lives in these accidents, they and 
their families are fairly compensated.
  I urge my colleagues to work with me to amend this law and raise the 
cap in cases of gross negligence.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3982

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ACCIDENT LIABILITY.

       (a) Amendments.--Section 28103 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``The aggregate'' and 
     inserting ``Except as provided in paragraph (3), the 
     aggregate'';
       (2) by adding at the end of subsection (a) the following:
       ``(3) The liability cap under paragraph (2) shall be 
     $500,000,000 if the accident or incident was proximately 
     caused by gross negligence or willful misconduct of the 
     defendant. Such amount shall be adjusted annually by the 
     Secretary of Transportation to reflect changes in the 
     Consumer Price Index-All Urban Consumers.''; and
       (3) in subsection (c), by striking ``$200,000,000'' and 
     inserting ``$500,000,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective for any passenger rail accident or 
     incident occurring on or after September 12, 2008.
                                 ______
                                 
      By Mr. REED- (for himself, Mr. Enzi, Mr. Harkin, and Mr. Burr):
  S. 3984. A bill to amend and extend the Museum and Library Services 
Act, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. REED. Mr. President, today I am pleased to be joined by my 
colleagues on the Health, Education, Labor, and Pensions Committee--
Chairman Harkin, Ranking Member Enzi, and Senator Burr in introducing 
the Museum and Library Services Act of 2010.
  Together our offices worked to craft a bipartisan bill that updates 
museum and library services funded through the Institute for Museum and 
Library Services, IMLS, to better meet the needs of Americans of all 
ages and in all types of locations.
  The Museum and Library Services Act was first enacted in 1996, and my 
predecessor, the late Senator Claiborne Pell, was instrumental in its 
development and enactment. This law established IMLS, an independent 
Federal agency, to oversee funding and programs authorized under the 
law's two main subtitles, the Library Services and Technology Act, 
LSTA, and the Museum Services Act.
  Libraries and museums are rich centers of learning, woven into the 
fabric of our communities, big and small, urban and rural.
  Libraries are not just places to read and borrow books or for parents 
to bring their children for story time. During the economic recession, 
even as libraries are being forced to do more with less, more and more 
people are also turning to their public libraries for access to 
information and the Internet, job search and training programs, and 
business development help.
  As noted in the new report, ``Opportunity for All: How the American 
Public Benefits from Internet Access at U.S. Libraries,'' nearly half 
of the 169 million visitors to public libraries over the past year used 
a library computer to connect to the Internet during their visit. 
Accessing information on education, employment, and health were most 
commonly cited for this computer and Internet usage.
  Museums also provide 21st century learning opportunities, while 
connecting communities to the culture, science, art, and events that 
make up humankind's history. The estimated 17,500 museums in the United 
States reflect the great diversity of our nation.

[[Page 18216]]

They are large and small; urban and rural; local, national, and 
international; and include aquariums, arboretums, historical societies, 
nature centers, zoos, planetariums, art museums, and many other types 
of museums.
  Museums contribute to the quality of life and the economic 
development of their home communities. They are key partners in 
offering hands-on, self directed learning for students of all ages. 
They draw tourism, which contributes to local economies.
  The Museum and Library Services Act represents our national 
commitment to these institutions that are essential to building strong 
and vibrant communities. Through a relatively modest federal 
investment, this law helps build capacity to support and expand access 
to library and museum services at the state and local level.
  In Rhode Island, library funding has supported improved online 
resources; literacy initiatives, including a summer reading program; 
and the provision of talking books to residents with visual impairments 
and disabilities. Through museum funding, the Museum of Art at the 
Rhode Island School of Design, the Preservation Society of Newport, and 
the Blithewold Mansion, Gardens, and Arboretum have all received 
support this past year.
  The legislation we are introducing updates the law to reflect the 
education and workforce development role libraries have been playing, 
including helping the out-of-work look for jobs, equipping business 
owners with data to make informed business decisions, and helping young 
and old alike gain critical digital literacy skills--the skills that 
help to discern fact from fiction when using the Internet.
  Our bill will also help enhance training and professional development 
for librarians and ensure the development of a diverse library 
workforce, including by authorizing the Laura Bush 21st Century 
Librarian program, which has been previously funded through annual 
appropriations.
  It will help build state capacity to support museums by authorizing 
IMLS to support state assessments of museum services and the 
development and implementation of state plans to improve and enhance 
those services. Our bill will also strengthen conservation and 
preservation efforts.
  Additionally, it seeks to fully leverage the role of libraries and 
museums in supporting the learning, educational, and workforce 
development needs of Americans by requiring IMLS to improve 
coordination and collaboration with other federal agencies that also 
have an interest in and responsibilities for the improvement of museum 
and libraries and information services.
  I thank my colleagues for joining me in this endeavor and urge the 
Senate to take quick action to adopt this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3984

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Museum and 
     Library Services Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. General definitions.
Sec. 102. Responsibilities of Director.
Sec. 103. Personnel.
Sec. 104. Board.
Sec. 105. Awards and medals.
Sec. 106. Research and analysis.
Sec. 107. Hearings.
Sec. 108. Administrative funds.

               TITLE II--LIBRARY SERVICES AND TECHNOLOGY

Sec. 201. Purposes.
Sec. 202. Authorization of appropriations.
Sec. 203. Reservations and allotments.
Sec. 204. State plans.
Sec. 205. Grants.
Sec. 206. Grants, contracts, or cooperative agreements.
Sec. 207. Laura Bush 21st Century Librarian Program.
Sec. 208. Conforming amendments.

                       TITLE III--MUSEUM SERVICES

Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Authorization of appropriations.

     TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND 
                        INFORMATION SCIENCE ACT

Sec. 401. Repeal.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Museum and Library Services Act (20 
     U.S.C. 9101 et seq.).

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. GENERAL DEFINITIONS.

       Section 202 (20 U.S.C. 9101) is amended--
       (1) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Digital literacy skills.--The term `digital literacy 
     skills' means the skills associated with using technology to 
     enable users to find, evaluate, organize, create, and 
     communicate information.''.

     SEC. 102. RESPONSIBILITIES OF DIRECTOR.

       Section 204 (20 U.S.C. 9103) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Duties and Powers.--
       ``(1) Primary responsibility.--The Director shall have 
     primary responsibility for the development and implementation 
     of policy to ensure the availability of museum, library, and 
     information services adequate to meet the essential 
     information, education, research, economic, cultural, and 
     civic needs of the people of the United States.
       ``(2) Duties.--In carrying out the responsibility described 
     in paragraph (1), the Director shall--
       ``(A) advise the President, Congress, and other Federal 
     agencies and offices on museum, library, and information 
     services in order to ensure the creation, preservation, 
     organization, and dissemination of knowledge;
       ``(B) engage Federal, State, and local governmental 
     agencies and private entities in assessing the museum, 
     library, and information services needs of the people of the 
     United States, and coordinate the development of plans, 
     policies, and activities to meet such needs effectively;
       ``(C) carry out programs of research and development, data 
     collection, and financial assistance to extend and improve 
     the museum, library, and information services of the people 
     of the United States; and
       ``(D) ensure that museum, library, and information services 
     are fully integrated into the information and education 
     infrastructures of the United States.'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (h) and (i), respectively; and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Interagency Agreements.--The Director may--
       ``(1) enter into interagency agreements to promote or 
     assist with the museum, library, and information services-
     related activities of other Federal agencies, on either a 
     reimbursable or non-reimbursable basis; and
       ``(2) use funds appropriated under this Act for the costs 
     of such activities.
       ``(f) Coordination.--The Director shall ensure coordination 
     of the policies and activities of the Institute with the 
     policies and activities of other agencies and offices of the 
     Federal Government having interest in and responsibilities 
     for the improvement of museums and libraries and information 
     services. Where appropriate, the Director shall ensure that 
     such policies and activities are coordinated with--
       ``(1) activities under section 1251 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6383);
       ``(2) programs and activities under the Head Start Act (42 
     U.S.C. 9831 et seq.) (including programs and activities under 
     subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of 
     such Act) (42 U.S.C. 9836(d)(2));
       ``(3) activities under the Workforce Investment Act of 1998 
     (29 U.S.C. 2801 et seq.) (including activities under section 
     134(c) of such Act) (29 U.S.C. 2864(c)); and
       ``(4) Federal programs and activities that increase the 
     capacity of libraries and museums to act as partners in 
     economic and community development, education and research, 
     improving digital literacy skills, and disseminating health 
     information.
       ``(g) Interagency Collaboration.--The Director shall work 
     jointly with the individuals heading relevant Federal 
     departments and agencies, including the Secretary of Labor, 
     the Secretary of Education, the Administrator of the Small 
     Business Administration, the Chairman of the Federal 
     Communications Commission, the Director of the National 
     Science Foundation, the Secretary of Health and Human 
     Services, the Secretary of State, the Administrator of the 
     Environmental Protection Agency, the Secretary of

[[Page 18217]]

     the Interior, the Secretary of Housing and Urban Development, 
     the Chairman of the National Endowment for the Arts, the 
     Chairman of the National Endowment of the Humanities, and the 
     Director of the Office of Management and Budget, or the 
     designees of such individuals, on--
       ``(1) initiatives, materials, or technology to support 
     workforce development activities undertaken by libraries;
       ``(2) resource and policy approaches to eliminate barriers 
     to fully leveraging the role of libraries and museums in 
     supporting the early learning, literacy, lifelong learning, 
     digital literacy, workforce development, and education needs 
     of the people of the United States; and
       ``(3) initiatives, materials, or technology to support 
     educational, cultural, historical, scientific, environmental, 
     and other activities undertaken by museums.''.

     SEC. 103. PERSONNEL.

       Section 206 (20 U.S.C. 9105) is amended--
       (1) by striking paragraph (2) of subsection (b) and 
     inserting the following:
       ``(2) Number and compensation.--
       ``(A) In general.--The number of employees appointed and 
     compensated under paragraph (1) shall not exceed \1/5\ of the 
     number of full-time regular or professional employees of the 
     Institute.
       ``(B) Rate of compensation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     rate of basic compensation for the employees appointed and 
     compensated under paragraph (1) may not exceed the rate 
     prescribed for level GS-15 of the General Schedule under 
     section 5332 of title 5, United States Code.
       ``(ii) Exception.--The Director may appoint not more than 3 
     employees under paragraph (1) at a rate of basic compensation 
     that exceeds the rate described in clause (i) but does not 
     exceed the rate of basic pay in effect for positions at level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code.''; and
       (2) by adding at the end the following:
       ``(d) Experts and Consultants.--The Director may use 
     experts and consultants, including panels of experts, who may 
     be employed as authorized under section 3109 of title 5, 
     United States Code.''.

     SEC. 104. BOARD.

       Section 207 (20 U.S.C. 9105a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (D); and
       (ii) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (D) and (E), respectively;
       (B) in paragraph (2)--
       (i) in the matter preceding clause (i) of subparagraph (A), 
     by striking ``(1)(E)'' and inserting ``(1)(D)''; and
       (ii) in the matter preceding clause (i) of subparagraph 
     (B), by striking ``(1)(F)'' and inserting ``(1)(E)''; and
       (C) in paragraph (4)--
       (i) by inserting ``and'' after ``Library Services,''; and
       (ii) by striking ``, and the Chairman of the National 
     Commission on Library and Information Science'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Except as otherwise provided in this 
     subsection, each'' and inserting ``Each''; and
       (ii) by striking ``(E) or (F)'' and inserting ``(D) or 
     (E)''; and
       (B) in paragraph (2), by striking ``Initial board 
     appointments.--'' and all that follows through ``The terms of 
     the first members'' and inserting the following: ``Authority 
     to adjust terms.--The terms of the members'';
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``relating to museum and 
     library services, including financial assistance awarded 
     under this title'' and inserting ``relating to museum, 
     library, and information services''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) National awards and medals.--The Museum and Library 
     Services Board shall advise the Director in awarding national 
     awards and medals under section 209.''; and
       (4) in subsection (i), by striking ``take steps to ensure 
     that the policies and activities of the Institute are 
     coordinated with other activities of the Federal Government'' 
     and inserting ``coordinate the development and implementation 
     of policies and activities as described in subsections (f) 
     and (g) of section 204''.

     SEC. 105. AWARDS AND MEDALS.

       Section 209 (20 U.S.C. 9107) is amended to read as follows:

     ``SEC. 209. AWARDS AND MEDALS.

       ``The Director, with the advice of the Museum and Library 
     Services Board, may annually award national awards and medals 
     for library and museum services to outstanding libraries and 
     museums that have made significant contributions in service 
     to their communities.''.

     SEC. 106. RESEARCH AND ANALYSIS.

       Section 210 (20 U.S.C. 9108) is amended to read as follows:

     ``SEC. 210. POLICY RESEARCH, ANALYSIS, DATA COLLECTION, AND 
                   DISSEMINATION.

       ``(a) In General.--The Director shall annually conduct 
     policy research, analysis, and data collection to extend and 
     improve the Nation's museum, library, and information 
     services.
       ``(b) Requirements.--The policy research, analysis, and 
     data collection shall be conducted in ongoing collaboration 
     (as determined appropriate by the Director), and in 
     consultation, with--
       ``(1) State library administrative agencies;
       ``(2) national, State, and regional library and museum 
     organizations; and
       ``(3) other relevant agencies and organizations.
       ``(c) Objectives.--The policy research, analysis, and data 
     collection shall be used to--
       ``(1) identify national needs for and trends in museum, 
     library, and information services;
       ``(2) measure and report on the impact and effectiveness of 
     museum, library, and information services throughout the 
     United States, including the impact of Federal programs 
     authorized under this Act;
       ``(3) identify best practices; and
       ``(4) develop plans to improve museum, library, and 
     information services of the United States and to strengthen 
     national, State, local, regional, and international 
     communications and cooperative networks.
       ``(d) Dissemination.--Each year, the Director shall widely 
     disseminate, as appropriate to accomplish the objectives 
     under subsection (c), the results of the policy research, 
     analysis, and data collection carried out under this section.
       ``(e) Authority To Contract.--The Director is authorized--
       ``(1) to enter into contracts, grants, cooperative 
     agreements, and other arrangements with Federal agencies and 
     other public and private organizations to carry out the 
     objectives under subsection (c); and
       ``(2) to publish and disseminate, in a form determined 
     appropriate by the Director, the reports, findings, studies, 
     and other materials prepared under paragraph (1).
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $3,500,000 for fiscal year 2011 and 
     such sums as may be necessary for each of the fiscal years 
     2012 through 2016.
       ``(2) Availability of funds.--Sums appropriated under 
     paragraph (1) for any fiscal year shall remain available for 
     obligation until expended.''.

     SEC. 107. HEARINGS.

       Subtitle A (20 U.S.C. 9101 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 210B. HEARINGS.

       ``The Director is authorized to conduct hearings at such 
     times and places as the Director determines appropriate for 
     carrying out the purposes of this subtitle.''.

     SEC. 108. ADMINISTRATIVE FUNDS.

       Subtitle A (20 U.S.C. 9101 et seq.), as amended by section 
     107, is further amended by adding at the end the following:

     ``SEC. 210C. ADMINISTRATIVE FUNDS.

       ``Notwithstanding any other provision of this Act, the 
     Director shall establish one account to be used to pay the 
     Federal administrative costs of carrying out this Act, and 
     not more than a total of 7 percent of the funds appropriated 
     under sections 210(f), 214, and 275 shall be placed in such 
     account.''.

               TITLE II--LIBRARY SERVICES AND TECHNOLOGY

     SEC. 201. PURPOSES.

       Section 212 (20 U.S.C. 9121) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) to enhance coordination among Federal programs that 
     relate to library and information services;'';
       (2) in paragraph (2), by inserting ``continuous'' after 
     ``promote'';
       (3) in paragraph (3), by striking ``and'' after the 
     semicolon;
       (4) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following:
       ``(5) to promote literacy, education, and lifelong learning 
     and to enhance and expand the services and resources provided 
     by libraries, including those services and resources relating 
     to workforce development, 21st century skills, and digital 
     literacy skills;
       ``(6) to enhance the skills of the current library 
     workforce and to recruit future professionals to the field of 
     library and information services;
       ``(7) to ensure the preservation of knowledge and library 
     collections in all formats and to enable libraries to serve 
     their communities during disasters;
       ``(8) to enhance the role of libraries within the 
     information infrastructure of the United States in order to 
     support research, education, and innovation; and
       ``(9) to promote library services that provide users with 
     access to information through national, State, local, 
     regional, and international collaborations and networks.''.

     SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

       Section 214 (20 U.S.C. 9123) is amended--
        (a) by striking subsection (a) and inserting the 
     following:
       ``(a) In General.--There are authorized to be 
     appropriated--
       ``(1) to carry out chapters 1, 2, and 3, $232,000,000 for 
     fiscal year 2011 and such sums as may be necessary for each 
     of the fiscal years 2012 through 2016; and
       ``(2) to carry out chapter 4, $24,500,000 for fiscal year 
     2011 and such sums as may be necessary for each of the fiscal 
     years 2012 through 2016.''; and

[[Page 18218]]

       (b) by striking subsection (c).

     SEC. 203. RESERVATIONS AND ALLOTMENTS.

       Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``$340,000'' and inserting ``$680,000''; 
     and
       (B) by striking ``$40,000'' and inserting ``$60,000'';
       (2) by striking subparagraph (C); and
       (3) by redesignating subparagraph (D) as subparagraph (C).

     SEC. 204. STATE PLANS.

       Section 224 (20 U.S.C. 9134) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (B) after paragraph (5), by inserting the following:
       ``(6) describe how the State library administrative agency 
     will work with other State agencies and offices where 
     appropriate to coordinate resources, programs, and activities 
     and leverage, but not replace, the Federal and State 
     investment in--
       ``(A) elementary and secondary education, including 
     coordination with the activities within the State that are 
     supported by a grant under section 1251 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6383);
       ``(B) early childhood education, including coordination 
     with--
       ``(i) the State's activities carried out under subsections 
     (b)(4) and (e)(1) of section 642 of the Head Start Act (42 
     U.S.C. 9837); and
       ``(ii) the activities described in the State's strategic 
     plan in accordance with section 642B(a)(4)(B)(i) of such Act 
     (42 U.S.C. 9837b(a)(4)(B)(i));
       ``(C) workforce development, including coordination with--
       ``(i) the activities carried out by the State workforce 
     investment board under section 111(d) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2821(d)); and
       ``(ii) the State's one-stop delivery system established 
     under section 134(c) of such Act (29 U.S.C. 2864(c)); and
       ``(D) other Federal programs and activities that relate to 
     library services, including economic and community 
     development and health information;''; and
       (2) in subsection (e)(2), by inserting ``, including 
     through electronic means'' before the period at the end.

     SEC. 205. GRANTS.

       Section 231 (20 U.S.C. 9141) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting before the semicolon the 
     following: ``in order to support such individuals' needs for 
     education, lifelong learning, workforce development, and 
     digital literacy skills'';
       (B) in paragraph (2), by striking ``electronic networks;'' 
     and inserting ``collaborations and networks; and'';
       (C) by redesignating paragraph (2) (as amended by 
     subparagraph (B)) as paragraph (7), and by moving such 
     paragraph so as to appear after paragraph (6);
       (D) by striking paragraph (3);
       (E) by inserting after paragraph (1) the following:
       ``(2) establishing or enhancing electronic and other 
     linkages and improved coordination among and between 
     libraries and entities, as described in section 224(b)(6), 
     for the purpose of improving the quality of and access to 
     library and information services;
       ``(3)(A) providing training and professional development, 
     including continuing education, to enhance the skills of the 
     current library workforce and leadership, and advance the 
     delivery of library and information services; and
       ``(B) enhancing efforts to recruit future professionals to 
     the field of library and information services;'';
       (F) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (G) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (H) by adding at the end the following:
       ``(8) carrying out other activities consistent with the 
     purposes set forth in section 212, as described in the State 
     library administrative agency's plan.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Special Rule.--Each State library administrative 
     agency receiving funds under this chapter may apportion the 
     funds available for the priorities described in subsection 
     (a) as appropriate to meet the needs of the individual 
     State.''.

     SEC. 206. GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS.

       Section 262(a) (20 U.S.C. 9162(a)) is amended--
       (1) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) building workforce and institutional capacity for 
     managing the national information infrastructure and serving 
     the information and education needs of the public;
       ``(2)(A) research and demonstration projects related to the 
     improvement of libraries or the enhancement of library and 
     information services through effective and efficient use of 
     new technologies, including projects that enable library 
     users to acquire digital literacy skills and that make 
     information resources more accessible and available; and
       ``(B) dissemination of information derived from such 
     projects;''; and
       (2) in paragraph (3)--
       (A) by striking ``digitization'' and inserting 
     ``digitizing''; and
       (B) by inserting ``, including the development of national, 
     regional, statewide, or local emergency plans that would 
     ensure the preservation of knowledge and library collections 
     in the event of a disaster'' before ``; and''.

     SEC. 207. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.

       Subtitle B (20 U.S.C. 9121 et seq.) is amended by adding at 
     the end the following:

            ``CHAPTER 4--LAURA BUSH 21ST CENTURY LIBRARIANS

     ``SEC. 264. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.

       ``(a) Purpose.--It is the purpose of this chapter to 
     develop a diverse workforce of librarians by--
       ``(1) recruiting and educating the next generation of 
     librarians, including by encouraging middle or high school 
     students and postsecondary students to pursue careers in 
     library and information science;
       ``(2) developing faculty and library leaders, including by 
     increasing the institutional capacity of graduate schools of 
     library and information science; and
       ``(3) enhancing the training and professional development 
     of librarians and the library workforce to meet the needs of 
     their communities, including those needs relating to literacy 
     and education, workforce development, lifelong learning, and 
     digital literacy.
       ``(b) Activities.--From the amounts provided under section 
     214(a)(2), the Director may enter into arrangements, 
     including grants, contracts, cooperative agreements, and 
     other forms of assistance, with libraries, library consortia 
     and associations, institutions of higher education (as 
     defined in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001)), and other entities that the Director 
     determines appropriate, for projects that further the purpose 
     of this chapter, such as projects that--
       ``(1) increase the number of students enrolled in 
     nationally accredited graduate library and information 
     science programs and preparing for careers of service in 
     libraries;
       ``(2) recruit future professionals, including efforts to 
     attract promising middle school, high school, or 
     postsecondary students to consider careers in library and 
     information science;
       ``(3) develop or enhance professional development programs 
     for librarians and the library workforce;
       ``(4) enhance curricula within nationally accredited 
     graduate library and information science programs;
       ``(5) enhance doctoral education in order to develop 
     faculty to educate the future generation of library 
     professionals and develop the future generation of library 
     leaders; and
       ``(6) conduct research, including research to support the 
     successful recruitment and education of the next generation 
     of librarians.
       ``(c) Evaluation.--The Director shall establish procedures 
     for reviewing and evaluating projects supported under this 
     chapter.''.

     SEC. 208. CONFORMING AMENDMENTS.

       The National Foundation on the Arts and the Humanities Act 
     of 1965 (20 U.S.C. 951 et seq.) is amended--
       (1) in section 4(a) (20 U.S.C. 953(a)), by striking 
     ``Institute of Museum Services'' and inserting ``Institute of 
     Museum and Library Services''; and
       (2) in section 9 (20 U.S.C. 958), by striking ``Institute 
     of Museum Services'' each place the term appears and 
     inserting ``Institute of Museum and Library Services''.

                       TITLE III--MUSEUM SERVICES

     SEC. 301. PURPOSE.

       Section 272 (20 U.S.C. 9171) is amended--
       (1) in paragraph (3), by inserting ``through international, 
     national, regional, State, and local networks and 
     partnerships'' after ``services'';
       (2) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (3) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (4) by adding at the end the following:
       ``(7) to encourage and support museums as a part of 
     economic development and revitalization in communities;
       ``(8) to ensure museums of various types and sizes in 
     diverse geographic regions of the United States are afforded 
     attention and support; and
       ``(9) to support efforts at the State level to leverage 
     museum resources and maximize museum services.''.

     SEC. 302. DEFINITIONS.

       Section 273(1) (20 U.S.C. 9172(1)) is amended by inserting 
     ``includes museums that have tangible and digital collections 
     and'' after ``Such term''.

     SEC. 303. MUSEUM SERVICES ACTIVITIES.

       Section 274 (20 U.S.C. 9173) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     States, local governments,'' after ``with museums'';
       (B) by redesignating paragraphs (5) through (10) as 
     paragraphs (6) through (11), respectively;
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:

[[Page 18219]]

       ``(3) supporting the conservation and preservation of 
     museum collections, including efforts to--
       ``(A) provide optimal conditions for storage, exhibition, 
     and use;
       ``(B) prepare for and respond to disasters and emergency 
     situations;
       ``(C) establish endowments for conservation; and
       ``(D) train museum staff in collections care;
       ``(4) supporting efforts at the State level to leverage 
     museum resources, including statewide assessments of museum 
     services and needs and development of State plans to improve 
     and maximize museum services through the State;
       ``(5) stimulating greater collaboration, in order to share 
     resources and strengthen communities, among museums and--
       ``(A) libraries;
       ``(B) schools;
       ``(C) international, Federal, State, regional, and local 
     agencies or organizations;
       ``(D) nongovernmental organizations; and
       ``(E) other community organizations;'';
       (D) in paragraph (6) (as redesignated by subparagraph (B)), 
     by striking ``broadcast media'' and inserting ``media, 
     including new ways to disseminate information,''; and
       (E) in paragraph (9) (as redesignated by subparagraph (B)), 
     by striking ``at all levels,'' and inserting ``, and the 
     skills of museum staff, at all levels, and to support the 
     development of the next generation of museum leaders and 
     professionals,''; and
       (2) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following:
       ``(2) Grant distribution.--In awarding grants, the Director 
     shall take into consideration the equitable distribution of 
     grants to museums of various types and sizes and to different 
     geographic areas of the United States''; and
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking ``awards''; and
       (ii) in subparagraph (B), by striking ``, but subsequent'' 
     and inserting ``. Subsequent''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       Section 275 (20 U.S.C. 9176) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grants.--For the purpose of carrying out this 
     subtitle, there are authorized to be appropriated to the 
     Director $38,600,000 for fiscal year 2011 and such sums as 
     may be necessary for each of the fiscal years 2012 through 
     2016.'';
       (2) by striking subsection (b);
       (3) by redesignating subsection (c) as subsection (b); and
       (4) by adding at the end the following:
       ``(c) Funding Rules.--Notwithstanding any other provision 
     of this subtitle, if the amount appropriated under subsection 
     (a) for a fiscal year is greater than the amount appropriated 
     under such subsection for fiscal year 2011 by more than 
     $10,000,000, then an amount of not less than 30 percent but 
     not more than 50 percent of the increase in appropriated 
     funds shall be available, from the funds appropriated under 
     such subsection for the fiscal year, to enter into 
     arrangements under section 274 to carry out the State 
     assessments described in section 274(a)(4) and to assist 
     States in the implementation of such plans.''.

     TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND 
                        INFORMATION SCIENCE ACT

     SEC. 401. REPEAL.

       (a) In General.--The National Commission on Libraries and 
     Information Science Act (20 U.S.C. 1501 et seq.) is repealed.
       (b) Transfer of Functions.--The functions that the National 
     Commission on Libraries and Information Science exercised 
     before the date of enactment of this Act shall be transferred 
     to the Institute of Museum and Library Services established 
     under section 203 of the Museum and Library Services Act (20 
     U.S.C. 9102).
       (c) Transfer and Allocation of Appropriations and 
     Personnel.--The personnel and the assets, contracts, 
     property, records, and unexpended balance of appropriations, 
     authorizations, allocations, and other funds employed, held, 
     used, arising from, available to, or to be made available for 
     the functions and activities vested by law in the National 
     Commission on Libraries and Information Science shall be 
     transferred to the Institute of Museum and Library Services 
     upon the date of enactment of this Act.
       (d) References.--Any reference to the National Commission 
     on Libraries and Information Science in any Federal law, 
     Executive Order, rule, delegation of authority, or document 
     shall be construed to refer to the Institute of Museum and 
     Library Services when the reference regards functions 
     transferred under subsection (b).

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. BAUCUS. Mr. President, I ask unanimous consent that the following 
staff be allowed floor privileges during consideration of the food 
safety bill: James Baker, Mary Baker, Will Kellogg, Nicole Lemire, 
Deborah Ma, Brychan Manry, Nicole Marchman, Jack McGillis, Kane 
Ossorio, and Lisa Yen.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DODD. Mr. President, I ask unanimous consent that Monica 
Anatalio, a detailee to the Committee on Homeland Security and 
Governmental Affairs, be granted floor privileges for the reminder of 
this session.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




       SUPPORTING THE GOALS AND IDEALS OF AMERICAN DIABETES MONTH

  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the 
Health, Education, Labor, and Pensions Committee be discharged from 
further consideration of S. Res. 676, and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 676) supporting the goals and ideals 
     of American Diabetes Month.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LAUTENBERG. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motions to reconsider be laid upon 
the table, with no intervening action or debate, and any statements 
related to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 676) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 676

       Whereas according to the Centers for Disease Control 
     (referred to in this preamble as the ``CDC''), nearly 
     24,000,000 people of the United States have diabetes and 
     57,000,000 people of the United States have pre-diabetes;
       Whereas diabetes is a serious chronic condition that 
     affects people of every age, race, ethnicity, and income 
     level;
       Whereas the CDC reports that Hispanic, African, Asian, and 
     Native Americans are disproportionately affected by diabetes 
     and suffer from diabetes at rates that are much higher than 
     the general population;
       Whereas according to the CDC, 3 people are diagnosed with 
     diabetes every minute;
       Whereas each day, approximately 4,384 people are diagnosed 
     with diabetes;
       Whereas in 2007, the CDC estimates that approximately 
     1,600,000 individuals aged 20 and older were newly diagnosed 
     with diabetes;
       Whereas a joint National Institutes of Health and CDC study 
     found that approximately 15,000 youth in the United States 
     are diagnosed with type 1 diabetes annually and approximately 
     3,700 youth are diagnosed with type 2 diabetes annually;
       Whereas according to the CDC, between 1980 and 2007, 
     diabetes prevalence in the United States increased by more 
     than 300 percent;
       Whereas the CDC reports that over 24 percent of individuals 
     with diabetes are undiagnosed, a decrease from 30 percent in 
     2005;
       Whereas the National Diabetes Fact Sheet issued by the CDC 
     states that more than 10 percent of adults of the United 
     States and 23.1 percent of people of the United States age 60 
     and older have diabetes;
       Whereas the CDC estimates that 1 in 3 people of the United 
     States born in the year 2000 will develop diabetes in the 
     lifetime of that individual;
       Whereas the CDC estimates that 1 in 2 Hispanic, African, 
     Asian, and Native Americans born in the year 2000 will 
     develop diabetes in the lifetime of that individual;
       Whereas according to the American Diabetes Association, in 
     2007, the total cost of diagnosed diabetes in the United 
     States was $174,000,000,000, and 1 in 10 dollars spent on 
     health care was attributed to diabetes and its complications;
       Whereas according to a Lewin Group study, in 2007, the 
     total cost of diabetes (including both diagnosed and 
     undiagnosed diabetes, pre-diabetes, and gestational diabetes) 
     was $218,000,000,000;
       Whereas a Mathematica Policy study found that, for each 
     fiscal year, total expenditures for Medicare beneficiaries 
     with diabetes comprise 32.7 percent of the Medicare budget;

[[Page 18220]]

       Whereas according to the CDC, diabetes was the seventh 
     leading cause of death in 2007 and contributed to the deaths 
     of over 230,000 Americans in 2005;
       Whereas there is not yet a cure for diabetes;
       Whereas there are proven means to reduce the incidence of, 
     and delay the onset of, type 2 diabetes;
       Whereas with the proper management and treatment, people 
     with diabetes live healthy, productive lives; and
       Whereas American Diabetes Month is celebrated in November: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) supports the goals and ideals of American Diabetes 
     Month, including--
       (A) encouraging the people of the United States to fight 
     diabetes through public awareness about prevention and 
     treatment options; and
       (B) increasing education about the disease;
       (2) recognizes the importance of early detection of 
     diabetes, awareness of the symptoms of diabetes, and the risk 
     factors that often lead to the development of diabetes, 
     including--
       (A) being over the age of 45;
       (B) having a specific racial and ethnic background;
       (C) being overweight;
       (D) having a low level of physical activity level;
       (E) having high blood pressure; and
       (F) having a family history of diabetes or a history of 
     diabetes during pregnancy; and
       (3) supports decreasing the prevalence of type 1, type 2, 
     and gestational diabetes in the United States through 
     increased research, treatment, and prevention.

                          ____________________




          COMMEMORATING THE 100TH ANNIVERSARY OF THE WEEKS LAW

  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the 
Agriculture Committee be discharged from further consideration and the 
Senate now proceed to S. Res. 679.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 679) commemorating the 100th 
     anniversary of the Weeks Law.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LAUTENBERG. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, and the motions to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 679) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 679

       Whereas the 100th anniversary of the Act of March 1, 1911 
     (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et 
     seq.), marks one of the most significant moments in 
     conservation and Forest Service history;
       Whereas New Hampshire, along with the southern 
     Appalachians, was at the center of efforts to pass the Weeks 
     Law;
       Whereas John Wingate Weeks, sponsor of the Weeks Law, was 
     born in Lancaster, New Hampshire, and maintained a summer 
     home there that is now Weeks State Park;
       Whereas, in 1903, the Appalachian Mountain Club, and the 
     newly formed Society for the Protection of New Hampshire's 
     Forests, helped draft a bill for the creation of a forest 
     reserve in the White Mountains;
       Whereas passage of the Weeks Law on March 1, 1911, was made 
     possible by an unprecedented collaboration of a broad 
     spectrum of interests, including the Appalachian Mountain 
     Club, the Society for the Protection of New Hampshire 
     Forests, industrialists, small businesses, and the tourist 
     industry;
       Whereas, in 1914, the first 7,000 acres of land destined to 
     be part of the White Mountain National Forest were acquired 
     in Benton, New Hampshire, under the Weeks Law;
       Whereas national forests were established and continue to 
     be managed as multiple use public resources, providing 
     recreational opportunities, wildlife habitat, watershed 
     protection, and renewable timber resources;
       Whereas the forest conservation brought about by the Weeks 
     Law encouraged and inspired additional conservation by State 
     and local government as well as private interests, further 
     protecting the quality of life in the United States;
       Whereas the White Mountain National Forest continues to 
     draw millions of visitors annually who gain a renewed 
     appreciation of the inherent value of the outdoors;
       Whereas the multiple values and uses supported by the White 
     Mountain National Forest today are a tribute to the 
     collaboration of 100 years ago, an inspiration for the next 
     100 years, and an opportunity to remind the people of the 
     United States to work together toward common goals on a 
     common landscape; and
       Whereas President Theodore Roosevelt stated ``We want the 
     active and zealous help of every man far-sighted enough to 
     realize the importance from the standpoint of the nation's 
     welfare in the future of preserving the forests'': Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) recognizes the significance of the 100th anniversary of 
     the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 552 et seq.), to the history of 
     conservation and the power of cooperation among unlikely 
     allies;
       (2) encourages efforts to celebrate the centennial in the 
     White Mountain National Forest with a focus on the future as 
     well as to commemorate the past; and
       (3) encourages continued collaboration and cooperation 
     among Federal, State, and local governments, as well as 
     business, tourism, and conservation interests, to ensure that 
     the many values and benefits flowing from the White Mountain 
     National Forest today to the citizens of New Hampshire, and 
     the rest of the United States, are recognized and supported 
     in perpetuity.

                          ____________________




                  MEASURE READ THE FIRST TIME--S. 3985

  Mr. LAUTENBERG. I understand that S. 3985 introduced earlier by 
Senator Sanders is at the desk, and I ask for its first reading.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3985) to amend the Internal Revenue Code of 1986 
     to extend certain expiring provisions, and for other 
     purposes.

  Mr. LAUTENBERG. I ask for its second reading and object to my own 
request.
  The PRESIDING OFFICER. Objection having been heard, the bill will be 
read the second time the next legislative day.

                          ____________________




                              APPOINTMENT

  The PRESIDING OFFICER. The Chair, on behalf of the majority leader, 
pursuant to Public Law 107-12, appoints the following individual as a 
member of the Public Safety Officer Medal of Valor Review Board: Albert 
H. Gillespie of Nevada vice Thomas J. Scotto of New York.

                          ____________________




                 ORDERS FOR TUESDAY, NOVEMBER 30, 2010

  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it adjourn until 9 a.m. on 
Tuesday, November 30; that following the prayer and pledge, the Journal 
of Proceedings be approved to date, the morning hour be deemed to have 
expired, the time for the two leaders be reserved for their use later 
in the day; that following any leader remarks, the Senate resume 
consideration of S. 510, the FDA Food Safety Modernization Act, as 
provided for under the previous order; that upon disposition of S. 510, 
the Senate proceed to a period of morning business, with Senators 
permitted to speak therein for up to 10 minutes each; further, that the 
Senate recess from 12:30 until 4 p.m. to allow for the party caucus 
meetings; and finally, I ask that Senator Dodd be recognized to speak 
at 4 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. LAUTENBERG. Mr. President, Senators should expect a series of up 
to three rollcall votes beginning at approximately 9:15 tomorrow. The 
votes will be in relation to two Coburn motions to suspend the rules 
and on the passage of the FDA Food Safety Modernization Act.

                          ____________________




                         ORDER FOR ADJOURNMENT

  Mr. LAUTENBERG. Mr. President, if there is no further business to 
come before the Senate, I ask unanimous consent that it adjourn under 
the previous order following the remarks of the Senator from Oklahoma.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oklahoma.

[[Page 18221]]



                          ____________________




                                EARMARKS

  Mr. INHOFE. Mr. President, first of all, I appreciate the fact no one 
objected to my unanimous consent request that I will be taking my 15 
minutes from this side and 15 minutes from the other side and run them 
together. I appreciate that very much.
  Let me say, before getting into this subject, something really great 
happened today in a bipartisan nature. We have a new Governor who will 
be coming in to Oklahoma, Mary Fallin, who used to serve over in the 
House. In fact, I flew her around in my airplane and helped her 
campaign, and she won handily.
  She made her first--she is still Governor-elect, but she made her 
first commitment today, and I was very excited about it. We have a guy 
in Oklahoma named Gary Ridley who has been the highway director and 
then the secretary of transportation in the State now for years and 
years and years. I was so proud that today she said she was going to 
reappoint him.
  I can remember 8 years ago when Governor Brad Henry, who is a 
Democrat, was elected. I called him up and I said: I only have one 
request, and that is you keep Gary Ridley because he's the best there 
is in the Nation, and I really believe that. Now, 8 years later, she 
has done this.
  I remember when I was critical of President Clinton in 1998 when he 
took $8 billion out of the highway trust fund and put it into deficit 
reduction. It was something that was the wrong thing to do, and Gary 
Ridley stood by my side for 8 years before we were able to correct 
that. So we are going to have a great road program and hopefully we 
will be able to get into some of these things. After all, that is what 
we are supposed to be doing.
  In a minute I am going to kind of identify myself as a different type 
of person than you have been hearing from on the floor. I happen to 
have the distinction of being the only Republican who objected in our 
conference a couple weeks ago to the ban on earmarks, as they define 
it. I just had no problem doing that at all. But it is something that 
is not a fun thing to do.
  Something happened tonight that went completely by everybody. It was 
a total change in the Republican position, and it is a good change when 
Senator McCain and Senator Coburn both talked about authorization. I 
have often said that authorization is the only discipline on 
appropriations, and I believe that, and that is true. So we have a 
situation where I have been saying--not for months but for years--that 
if you will just define an earmark as an appropriations that has not 
been authorized, I am with you. I heard them tonight say that. 
Unfortunately, that is not what the bill that we are going to have 
before us says.
  I would just like to do away with the whole word ``earmarks'' or else 
define it in such a way as I just described it. Now it seems as if 
everybody would be in agreement with it, and maybe that is going to be 
the road we will be taking.
  Let me, first of all, before I surprise a lot of people, give my 
conservative credentials. I have always been ranked as one of the most 
conservative or the most conservative Member of the U.S. Senate, the 
National Journal's most conservative Senator for 2009. That is the last 
one they gave out: ``The only Senator with a perfect score on 99 key 
votes.'' I have also been voted the ``most outstanding U.S. Senator'' 
by Human Events.
  So I am a conservative. I am a conservative but a conservative who 
loves the Constitution. I have also been waiting for a long time. I 
love these guys. Certainly the author of this, Senator Coburn, is a 
brother and I love him. And brothers do fight sometimes. This fight is 
going to be over with and we are going to have a happy ending.
  I have been waiting for years for this Tea Party thing to happen, for 
conservatives, anti-establishment people to come in, and I just get 
very excited when I see what we are looking at. Yet we have an 
administration with a majority in both Houses that we have had now for 
quite some time: spend, spend, spend. When they talk about George W. 
Bush, look, it is this administration with the increase in the debt to 
the amount it is now, which is a greater increase in debt than we have 
had collectively with every President, every administration from George 
Washington to George W. Bush.
  All the time, they have been talking about earmarks that totally 
distract people from the real problem. That is not the problem. I have 
been listening on the floor now for the last 2 years. Every night we go 
through the same thing. They talk about earmarks, earmarks, earmarks. 
What they do not do is pay attention to the fact that during that 
discussion this President, with his majority in both Houses, was able 
to give my 20 kids and grandkids a $3 trillion deficit in 1 year. It is 
mind-boggling that this could happen. But we hear the President say: 
Spend, spend, spend. And he has used the words quite often: We need to 
give the people what they desire. It reminds me of the story of the guy 
who went in the department store and there was a beautiful, young, 
voluptuous saleslady who came up and said: Sir, what is your desire? He 
said: Well, my desire is to pick you up after work and go to a fine 
restaurant, have dinner, and buy a bottle of champagne, go to my place, 
and make mad passionate love. But I need a pair of socks.
  Now, what we are going to have to understand is, there is a 
difference between desire and need. That is what I am here to try to 
do. To think we could actually have said today--now, the bill does not 
do this, but it was said that authorizing is kind of a lost art. 
Senator McCain said that. Frankly, I do not quite agree with that 
because we have an authorization committee in Armed Services of which 
he is the ranking member, and I am the second ranking member, and it is 
something on which we have done a pretty good job. But in other areas 
we have not. Keep in mind, authorizing is the only discipline that 
there is to appropriating.
  Now, I have a family picture I show you in the Chamber. These are my 
20 kids and grandkids. I have to tell the occupier of the chair that I 
was so proud to have all of them at one table on Thanksgiving. How many 
people are blessed that way? Not many. But this little guy here--where 
is Jase Rapert. Here he is down there on the picture, the football guy.
  He came up to me one time--this is some time ago--and he said: PopI--
``I'' is for ``Inhofe.'' So MomI and PopI. He said: PopI, why is it you 
do things no one else will? I said: That's the reason, because no one 
else will.
  I am reminded of 9 years ago when everybody--I am talking about 
Democrats and Republicans--all said global warming is coming. The world 
is coming to an end. It is manmade gases that cause global warming. I 
looked into the science. At that time Republicans were in the majority. 
I was the chairman of the Environment and Public Works Committee that 
has that jurisdiction. I looked at that and I found out they were 
cooking the science, that it was not true.
  Then we had the McCain-Lieberman bill and all these things that would 
pass a cap and trade which would constitute the largest tax increase in 
the history of this country. We beat them one at a time. The last one 
was Waxman-Markey. But, again, this has been something that has finally 
evolved, that that one, my voice in the wilderness 10 years ago, is now 
the prevailing thought. That is why I said to my little grandson, Jase 
Rapert, that I do it because no one else will.
  So let me just say this. How much more fun it would be to come down 
here and do the politically correct thing and say: yes, earmarks are 
bad, earmarks are bad, earmarks are bad. We are going to do away with 
earmarks, and let everyone applaud before they realize what it really 
is.
  I hear the staffers right now telling their Members: You know, you 
have the greatest opportunity. You can vote for this amendment to ban 
these earmarks and you can make people think you are conservative, No. 
1. No. 2, you can make President Obama happy because he is publicly 
supporting this. This is what he wants because this means, as has been 
said by Senator Lautenberg, Senator Harkin, and several others, if we 
do not do it, that goes to the President. I want to explain how that 
works in just a minute.

[[Page 18222]]

  We could also be politically correct, so there would be a lot of them 
thinking: What an opportunity this is. People will think, if I vote for 
this amendment, I am a conservative. Obviously, I can make our 
President happy. That will do me no harm, and I can be politically 
correct.
  Well, it has been demagoging now for so many years. Let me define 
what Webster's Third New International Dictionary says about demagogy. 
The definition of demagogy: ``Political leaders who seek to gain 
personal or partisan advantage through specious, extravagant claims, 
promises and charges.'' That is what we have been listening to now for 
at least the last 2 years, on a regular basis.
  The big problem I have with all the demagoging that has been going on 
every night for the last 2 years is that people are just not paying 
attention to the real problem. The real problem is not earmarks. The 
real problem is that during that 2-year period--when everyone is 
concerned about a few dollars--we found out we have increased the debt 
more than it has been increased in the history of this country, and we 
have given my 20 kids and grandkids a $3 trillion deficit in just 2 
years. I thought that was not possible. I never believed that could 
happen. But that is what has happened here. They have distracted 
people. Get this thing behind us so we can start working on this and 
not make people think we are doing something great for them when we 
really are not. It would be nothing short of criminal to go through all 
the trouble of electing great, new anti-establishment conservatives, 
only to be politically correct and have them cede to Obama their 
constitutional power of the purse. That is exactly what would happen.
  I want these new people coming in to tackle the three issues to 
really save America, in my opinion the deficit, the debt, and 
Obamacare, and not be distracted by the bogus issue of earmarks. I say 
``bogus.'' It is kind of a strong word. Why is it bogus? It is bogus 
and unconstitutional, but the bogus part shows the definition of what 
we are saying. The House of Representatives Republicans--not the 
Democrats, the Republicans--took a moratorium, a 1-year moratorium 
banning earmarks in that period of time. How did they define it? They 
said:

       Resolved, that it is the policy of the Republican 
     Conference that no Member shall request a congressional 
     earmark, limited tax benefit, or limited tariff benefit, as 
     such terms are used in clause 9 of rule XXI of the Rules of 
     the House. . . .

  What is clause 9 of rule XXI? It applies to every appropriation or 
authorization. In other words, they have said: we will neither 
appropriate nor authorize for a whole year. Now, the Democrats are 
going to do it. The President is going to do it. But they say they are 
not going to do it.
  Of course, the authors of this amendment, they all agreed with and 
praised the House for doing this. But let's go ahead and see what the 
Constitution says, article I, section 9. Several people here have 
talked about the Constitution. It is times like this that I miss Bob 
Byrd. Senator Byrd, talking about the Constitution right now, would be 
really outraged. It is so plain what we are supposed to be doing here. 
But article 1, section 9 says:

       No money shall be drawn from the Treasury but in 
     consequence of appropriations made by law.

  Law, that is us. Article I, section 9 of the Constitution. That is 
not the President.
  I would just say if you are looking at the Senate language, it says 
the term ``congressionally directed spending'' means a provision 
primarily at the request of a Senator providing expenditures, and so 
forth, to an entity targeted to a specific State or with any--
everything is with or to an entity. In other words, they say--again, 
they are talking about all appropriations, all authorizations. We are 
not going to do that anymore. We are going to let the President do 
that. That is what this whole thing is about.
  I was so excited when I heard for the first time them agreeing with 
me. By the way, it is not appropriate for me to tell this group or to 
say publicly what goes on inside a conference. In a Republican 
conference, I can say what I said, and I said to my colleagues when 
they were trying to get us, and they did, I went up in 2008 and I went 
ahead and voted for a ban because I was told they would define it as an 
appropriation that has not been authorized. Now, all of a sudden--they 
didn't do it then, and all of a sudden they are talking about doing it, 
and I think I know why and I will tell you in a minute why I think it 
is.
  So we are having this situation now where we are saying we are not 
going to authorize, we are not going to appropriate. There are two 
reasons to ban Senate spending by either definition. It cedes 
constitutional authority to the President and also gives cover to big 
spenders.
  Let's go back to that article I, section 9 chart. The Constitution 
restricts spending only to the legislative branch and specifically 
denies that honor to the President. We take an oath to uphold article 
1, section 9 of the Constitution. Now, maybe there is some doubt about 
this. If you think there is some doubt, let's go back and see what the 
Founders of this country said. Let's see what the authors of the 
Constitution said. Let's look at James Madison. He said:

       The power over the purse may, in fact, be regarded as the 
     most complete and effectual weapon with which any 
     Constitution can arm the immediate representatives of the 
     people for obtaining redress of every grievance.

  The two reasons he did, if you studied the Federalist Papers, they 
said they wanted Congress to do the spending because if they do it 
wrong--first of all, they know the needs of the people of their State 
or their--whatever the unit was at that time. If they do it wrong, they 
can fire them. Look what happened on November 2. That is exactly what 
happened. Alexander Hamilton said:

       The legislature not only commands the purse but prescribes 
     the rules by which the duties and rights of every citizen 
     should be regulated.

  That is what we are supposed to be doing.
  Mr. President, I have talked about Alexander Hamilton and James 
Madison. Probably the guy who was most knowledgeable on the 
Constitution was Justice Joseph Story, back in the early 1800s, when he 
actually said in his commentary:

       It is highly proper that Congress should possess the power 
     to decide how and when any money should be applied. If it 
     were otherwise, the executive would possess an unbounded 
     power. Congress is made the guardian of the Treasury.

  I say all this to impress upon any impartial patriot that the 
legislative branch--which is us--has the power to spend money. How does 
a ban on earmarks cede our authority to the President? This is 
something that is heavy lifting, but I think it is very important 
people understand why and how this happened. This is how it works. This 
is the way things work here and have for many years. The Constitution 
is very clear.
  The President submits a budget to the House and Senate--us. There is 
an overall budget, but within the budget he says how much is going to 
be spent to defend America, for roads and highways, for water and 
infrastructure, all these things. We have these top lines under which 
we are operating. So let's take this as an example. I happen to be the 
second ranking member on the Armed Services Committee. In his budget 
last year, he had, I think, $330 million set aside for a launching 
system called a box of rockets. It is a good program, something we 
need. But with limited funding, we on the Armed Services Committee--and 
Senator McCain talked about this--have experts who look at our missile 
defense system and say: How can we best defend America? The President 
doesn't know this. They can say that comes from the Pentagon, but that 
is not so. That is the reality. Instead of this launching system for 
$330 million, we decide to spend that same amount of money and buy six 
new, shiny FA-18 fighters or things that we knew we needed at this 
time. It didn't cost any more money. We are taking that money he wanted 
to spend on something else and we are exercising our constitutional 
prerogative. If we substitute our appropriation for

[[Page 18223]]

his budget item, it would be an earmark by any definition. If we pass 
this, that means we have to take whatever the President wants to spend 
on America, and we would not do anything we wanted to. So we said six 
new FA-18s were what we needed, and it didn't cost 1 cent more.
  In other words, we would be letting the President do what James 
Madison wanted us to do. If you look at this in the Armed Services 
Committee, the unmanned aerial vehicles, right now we have 36 of them 
flying around Southwest Asia over areas where there is combat, feeding 
information to our kids in the field there. We would not have unmanned 
aerial vehicles if it weren't for earmarks. We took something the 
President wanted and put that same amount of money into these unmanned 
aerial vehicles. Also, we would not have our improved armored vehicles 
and add-on armor. Why do you think we on the committee spent so much 
time on Iraq, Afghanistan, and around the world on that? We do it to 
find out our needs. Then we know more than the President knows about 
the needs.
  We are doing what Hamilton, Madison, and Story wanted us to do. That 
is what we are supposed to do. I don't know how many of our young men 
and women in uniform would be dead today if it hadn't been for that. We 
wouldn't have Mine Resistant Ambush Protected vehicles. That was a 
congressional earmark. We wouldn't have had $14.2 million for the 
detection of landmines and suspected bombmakers and IEDs in Iraq and 
Afghanistan. That was my earmark on the Armed Services Committee. It 
didn't cost another cent. We merely canceled an equal amount of money 
that the President wanted to spend on something else and we exercised 
our Constitutional right. It didn't cost anything additional.
  Eliminating earmarks wouldn't allow us to change anything in the 
Obama budget and would allow President Obama to perform our 
constitutional duties. As I said, constitutionally that is where we are 
and that money would be transferred, for all practical purposes, to 
President Obama. Second, it gives cover to big spenders. Under the 
current definition, let's look at two of the four largest earmarks in 
2008. Using the Senate definition ``expenditures with or to an 
entity,'' the following qualified as earmarks. But rather than arguing 
as to whether they are earmarks, I will put them up to get a 
perspective. These are two of them in 2008. The TARP is one that I 
think--I know people get upset when I say this, but 10, 15, 20 years 
from now, historians will say the most egregious vote ever cast by the 
Senate was on the $700 billion bailout. You know where that went--AIG, 
Chrysler, and the General Motors bailout. That $700 billion was given 
to an unelected bureaucrat to do what he preferred.
  Next was the PEPFAR bill, $50 billion. The author of this amendment, 
Senator Coburn, voted for both of these. I voted against them. This is 
something I wish all Members would do. This is called the Inhofe 
factor. I know I am not as smart as a lot of guys around here. When I 
see billions and trillions of dollars, I have to put it somehow into a 
perspective that I know what this costs my people in Oklahoma.
  In 2009, $2 trillion in taxes was paid by individuals across the 
country, and $18 billion came from Oklahomans, which is about 1 percent 
of the Federal total. The average Oklahoma individual's tax return was 
$11,100 that year. Therefore, the average Oklahoma taxpayer is 
responsible for providing the percentage shown here of the total 
Federal revenue. For every $10 million in spending, Oklahomans pay 
about a nickel--not all the State but each taxpayer who files a tax 
return in Oklahoma. So that is what we have.
  Put the next chart up. We see how that works in reality. If you take 
the amount and use the same factor to those two bills, the TARP bill, 
the $700 billion bailout, and the $50 billion PEPFAR bill, that is $750 
billion, and you apply that factor, each of my tax-paying families in 
Oklahoma would have to have an obligation of $3,500 that year. That is 
what it would cost. Someone might argue that they didn't spend the 
whole $700 billion, that some of that came back in. That is true. But 
they authorized it and said you can do it. They were willing to have 
each taxpayer in Oklahoma spend $3,552 in taxes. The total amount of 
requests that I had--in other words, earmarks--were some $80 million, 
and that was mostly in the area of defense. Using the same factor for 
each family in Oklahoma to get to the $80 million, because we are 
trying to defend America, it would cost them 40 cents. Those are 
earmarks--40 cents versus $3,552 that the author of this amendment we 
are talking about would have to spend. You know, I think at some point 
you have to look and see what this cost is.
  If you go back to the chart No. 4 there, several things have been 
said today that were not true. I am not saying they intentionally 
misrepresented the truth, but they did it inadvertently while being 
caught up in this thing. The statement was made by a Senator--it might 
have been the occupant of the chair. The statement was made that, as 
earmarks are going up, this is causing spending to go up. That is not 
what is happening. If you take the total amount of earmarks in 2010, 
according to OMB, that would have been $11 billion. If you look and see 
what happened each year, it goes down in the amount. It started at $18 
billion 5 years ago and went down to $15 billion and then to $12 
billion and now to $11 billion. So it is coming down. That is why we 
have to look at this in reality.
  I notice my good friend, Senator DeMint, from South Carolina, has 
been active in this, and the last time I spoke on the floor I pointed 
out that Senator DeMint had all these different earmarks that he has 
been able to get for his State, and I don't know how you can talk about 
eliminating earmarks and yet do that.
  The platitudes that are used--it is interesting when you don't have 
the facts on your side, you don't have logic on your side, but you have 
a population who has been led to believe earmarks are bad--that means 
appropriations are bad, authorizations are bad unless they are done by 
the President; those individuals say earmarks are a gateway drug that 
needs to be eliminated in order to demonstrate that we are serious 
about fiscal restraint. There is only one problem with that. It is not 
true.
  According to the Office of Management and Budget, again, and the 
Federal spending watchdog groups such as Citizens Against Government 
Waste, earmarks have dramatically decreased over the last several 
years. I mentioned 2005, $19 billion; 2008, $16 billion; 2009, $15 
billion; 2010, $11 billion. So while the total number of earmarks and 
all dollars of earmarks have declined, the Obama deficit has ballooned 
to $3 trillion in 2 years. So obviously they are not a gateway drug, 
but it sounds good. But these are the platitudes.
  When they say it is symptomatic of all this garbage, we are talking 
about real dollars here. And we can't get down to doing something about 
real spending until we quit demagoguing this issue.
  I am going to give an easy way to correct this problem in just a 
minute, but if you need further proof, in 2009 the Senate performed a 
rare action of considering many appropriations bills individually 
rather than doing the irresponsible thing we are talking about doing 
now and lumping them all into one bill to consider at the end of the 
year. The value of considering these bills individually is that it 
gives Senators the opportunity to exercise some oversight in 
government.
  In 2009, Senators could offer amendments to both cut spending and 
strike particular earmarks if they desired, and they did desire. 
Between the months of July and November of 2009, there were 18 votes 
specifically targeting earmarks. Now, they failed, but if they had 
passed, it wouldn't have saved one penny. Instead of putting the money 
back into the pockets of the American people by reducing spending or 
shrinking the deficit, these efforts to eliminate earmarks would have 
put the money into the hands of President Obama by allowing his 
administration to spend the money as it saw fit. At the end of the day, 
none of the money would have been saved. President Obama wins, the 
American people lose.

[[Page 18224]]

  In another case, Members offered an amendment to strike funding out 
of a program called Save America's Treasures, for specific art centers 
throughout the United States, but the money was simply shifted to allow 
the Obama administration to do it. The same thing happened with the 
transportation projects. Several Members offered amendments to strike a 
variety of transportation projects in many States, and they were 
unsuccessful. So what happened? That money went back to the bureaucracy 
controlled by President Obama. Not one of these actions saved a dime, 
but it made President Obama happy because it went back to his coffers.
  We have clearly demonstrated two points. First of all, spending is 
the exclusive obligation of the Senate and, secondly, killing an 
earmark doesn't save a dime; it merely gives money to President Obama.
  It reminds me of what I went through 10 years ago when I couldn't get 
anyone to understand how they were cooking the science and why we 
should not pass a cap and trade. Everybody thought the world was coming 
to an end, and I was that one person. Granted, that was 10 years ago, 
but now it is the prevailing thought here in Congress. In fact, the 
United Nations, which started the whole concept of global warming, is 
having their big annual party next week and not even one--none--of the 
media is going to show up. Hardly anyone is going to show up to the 
thing because people realize it was a phony issue. It was, in fact, the 
greatest hoax ever perpetrated on the American people. I said it, and 
everyone got mad at me and even hated me. So I do not mind being the 
only one, and I am the only one on this.
  A couple of good things have happened, though. It has been mentioned 
by several of those who were the most adamant in opposition to 
earmarks. In the case of Rand Paul, from Kentucky, our new Senator--
whom I am so happy to have with us--has said he would argue for things 
for the State of Kentucky. And Senator Mike Lee said:

       I wouldn't say there's a mandate to stop spending for roads 
     or any other general purpose like that.

  Another House Member, Michele Bachmann, said--and I think this has 
already been stated by one of the other Senators:

       I don't believe that building roads and bridges and 
     interchanges should be considered an earmark.

  Great. I agree. That is my whole point. So we are seeing these people 
now coming around and saying: Well, we do have a job to do.
  Senator Chambliss said:

       There are times when crises arise or issues come forth of 
     such importance to Georgia, such as the Port of Savannah, 
     that I reserve the right to ask Congress and the President to 
     approve funding.

  Well, there it is. So I would say those individuals who are on the 
other side realize that is the wrong side. But let me say something 
else. I am very proud of some of the talk shows. I am on quite a few 
talk shows. And when you get a chance to talk, the way I am now, and 
explain to people what the situation is--I am looking now at I think 12 
major talk show hosts in America who now pretty much agree with what I 
am saying tonight: Mike Gallagher, Mark Levin, Dennis Prager, Scott 
Hennen, Janet Parshall, Hugh Hewitt, Michael Savage, Crane Durham, Lars 
Larson, Jason Lewis, Rusty Humphries, Jerry Doyle, and quite a few 
others. And it was not easy for them to say: Maybe Inhofe has a point, 
so let's look at this a little closer.
  So let me just say there is a solution. And I have to give credit 
where credit is due. These are not my thoughts. This is what I did. We 
have eight great Americans and the conservative groups they head up, 
and I am talking about Tom Schatz, president of Citizens Against 
Government Waste; Melanie Sloan, director of Citizens for 
Responsibility and Ethnics in Washington; Steve Ellis, Taxpayers for 
Common Sense; Craig Holman, Public Citizen; Jim Walsh, Rich Gold, Manny 
Rouvelas, and Dave Wenhold. Thanks to them, we can put this whole 
earmark issue to rest because they authored ``The 5 Principles of 
Earmark Reform.'' There they are, the five principles of earmark 
reform. These are all the conservatives who said we really need to do 
something about this and at the same time preserve our constitution. So 
I introduced, a couple of weeks ago, S. 3939, and what I did is I took 
everything they had and I put that into a bill. And there it is. So 
take it a section at a time.
  No. 1 of the five principles: To cut the cord between earmarks and 
campaign contributions, Congress should limit earmarks directed to 
campaign contributors--exactly what S. 3939 does.
  Section 2:

       No earmark beneficiary shall make contributions aggregating 
     more than $5,000.

  The second principle: to eliminate any connection between legislation 
and campaign contributions. That is the second. The third principle: To 
increase transparency, Congress should create a new database of all 
congressional earmarks. And it goes on, and they elaborate and say this 
is all something you can find, but you can't get your hands on it. It 
is too complicated. So consequently we put in our bill, in section 4, 
the following:

       The Secretary of the Senate and the Clerk of the House 
     shall post on a public Web site of their respective houses, a 
     link to the earmark database maintained by the Office of 
     Management and Budget.

  Every one of these things--and I could go through each and every 
one--is answered in S. 3939. So if you really want to do something 
about it, pass that bill and you will have solved the problem and you 
will have kept our constitutional duties intact.
  We did one more thing because it goes one more step. This is very 
important. There was an oversight, but they all agree with this now. 
This goes a step further. It says that the administration--President 
Obama, the bureaucracies--will have the same transparency as senatorial 
earmarks. So Senator McCain talked about lobbying these bureaucracies. 
Sure, they are doing it, because if we don't do the spending or the 
appropriating and authorizing, then the President does it. So the 
bureaucracy is doing that. So we have a section in this bill that 
subjects them to the same thing.
  Do you remember when Sean Hannity came up with the 102 most egregious 
earmarks? This is just some of them. There were 102, and I read them 
all on the floor from this podium, and I did it to make sure people 
understood what he had found out. I said at the end of reading all of 
these earmarks--look at some of these: $300,000 for helicopter 
equipment to detect radioactive rabbit droppings--that all 102 have 
something in common: not one of them was a congressional earmark. They 
were all bureaucratic Obama earmarks. So that is the reason for that. 
And if you want reform, that is how to get it.
  I know there will be some Members who will not be able to resist the 
fact that they can have a great opportunity with one vote. They can 
make people think they are conservative and give President Obama what 
he wants, and they can be politically correct. But, again, we have a 
solution to the problem. That solution will come.
  Mr. President, in that conference I mentioned about 30 minutes ago, I 
said that if you want to do something to do away with the earmark and 
all this, all you have to do is define an earmark as an appropriation 
that has not been authorized. Authorizing committees are the discipline 
for appropriations. A lot of our appropriating friends won't like this 
idea, but that would do it. We heard several of the Senators, including 
my junior Senator, the author of this amendment, and Senator McCain, 
saying this is good, we have done away with authorizing. We need to 
authorize these things.
  In the Armed Services Committee, we have experts in every field. One 
of the experts is a group of people who look at our missile defense 
system. Right now, we are in very serious problems in this country by 
taking down the site in Poland that would stop the ground-based 
interceptor site. That is something we should be doing. We need to have 
redundancy. We know we can hit a bullet with a bullet, and we should do 
that. We have the experts who know how to do that.

[[Page 18225]]

  So I would say we have an opportunity. We can reform this. We can 
subject the bureaucracy to the same transparency to which we are 
subjected. We should do away completely with terms such as ``earmarks'' 
as people are thinking of them in their minds and go to having them 
redefined as appropriations that have not been authorized. I know it is 
a hard concept and one that not many people want to believe, but it is 
much easier to oversimplify it and say that all earmarks are bad. Well, 
if you define them properly, I agree they would all be bad. Anything 
that is appropriated that is not authorized, in my opinion, is bad and 
should be done away with.
  So with that, this one voice in the wilderness, one conservative is 
saying this is the true story. If you really do want to cede our 
constitutional authority to President Obama, you can do it by passing 
this amendment. This allows them to get the authority we have. And if 
you really believe that is the thing to do, after looking at the 
Constitution and what Justice Joseph Story and Hamilton and Madison all 
said we are supposed to be doing here, let's seriously consider that 
and resolve this problem, put it behind us so we can quit distracting 
from the big spending going on today that has given us a $3 trillion 
deficit in 2 years.
  With that, Mr. President, I yield the floor.

                          ____________________




                   ADJOURNMENT UNTIL 9 A.M. TOMORROW

  The PRESIDING OFFICER. Under the previous order, the Senate stands 
adjourned until 9 a.m. tomorrow.
  Thereupon, the Senate, at 10:01 p.m; adjourned until Tuesday, 
November 30, 2010, at 9 a.m.




[[Page 18226]]

                          EXTENSIONS OF REMARKS
                          ____________________


                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 579, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``no.''

                          ____________________




                   HONORING THE ARIZONA STATE MUSEUM

                                 ______
                                 

                         HON. RAUL M. GRIJALVA

                               of arizona

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. GRIJALVA. Madam Speaker, it is my pleasure to rise today to honor 
the Arizona State Museum on achieving re-accreditation from the 
American Association of Museums.
  Accreditation comes after a comprehensive and rigorous performance 
appraisal which recognizes only the highest professional standards of 
operation. The Arizona State Museum joins an impressive group of 778 
institutions accredited by the AAM.
  The official curator for the archaeological treasures of the great 
state of Arizona, Arizona State Museum is located in Tucson, on the 
campus of the University of Arizona. Established in 1893, it pre-dates 
the state and stands as the oldest and largest anthropology museum in 
the Southwest region.
  Its archaeological repository is the largest and busiest in the 
nation, second only to the Smithsonian itself.
  Its vast and various collections, coupled with the collective body of 
research conducted there over the past century, are among the world's 
most significant resources for the study of southwestern peoples and 
the archaeology and history of the southwest.
  Among the millions of objects it holds in trust for the people of 
Arizona is the world's largest and most comprehensive collection of 
Southwest American Indian pottery--some 20,000 whole vessels. Equal in 
number and significance is its collection of Southwest American Indian 
basketry.
  The nation's museums play an important role in education, tourism and 
to the quality of life it provides for every community it resides in. 
The Arizona State Museum is one of these organizations and the people 
of Arizona have these and many more reasons to be proud of their state 
museum.

                          ____________________




     CONGRATULATING THE 2010 JOHN GLENN HIGH SCHOOL SPELL BOWL TEAM

                                 ______
                                 

                           HON. JOE DONNELLY

                               of indiana

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. DONNELLY of Indiana. Madam Speaker, I rise today to congratulate 
the John Glenn High School Spell Bowl team of Walkerton, Indiana for 
winning the Division II Indiana Academic Spell Bowl held on November 
13, 2010 at Purdue University.
  Champions for the 15th time in 24 years, the spellers earned a score 
of 86 out of 90, the third highest score out of all 30 teams in the 
four enrollment divisions at the state finals. John Glenn is also the 
only high school to win Spell Bowl State Championships in two different 
enrollment divisions.
  Earning perfect scores at state were Seniors Erika Groves, Rachel 
Simms and Chloe Jacobson; Juniors Elly Alexander and Miranda 
Kafantaris; and Sophomore J.J. Silvey. Near perfect spellers were 
Senior Garrett Blad; Junior Kim Lord; Sophomore Ann Heckaman-Davis; and 
Freshman Erin Patterson. Alternates on the team were Tyler Foster, Ben 
Keller, Emily Thomas, Maryellen Schmalzried, Sage Bladow, Chris Mahank, 
Morgan Kafantaris, Katie Groves, and Raven Miller. The team is coached 
by English teacher Paul Hernandez who credited hard work and practicing 
three times a week for the victory.
  Again, I rise to offer my congratulations to the members of the John 
Glenn High School Spell Bowl team for their extraordinary 
accomplishments throughout the competition.

                          ____________________




            HONORING THE GRADUATES OF ``I AM . . . WE ARE''

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Monday, November 29, 2010

  Ms. NORTON. Madam Speaker, I rise today to ask the House of 
Representatives to join me in celebrating the graduates of the ``I Am . 
. . We Are'' community service program.
  The ``I Am . . . We Are'' community service program is run by Project 
Director Michael Williams and Tamara Jenkins through the offices of the 
TimeBanks, USA program initiated by Chris Gray and Edgar Cahn.
  The 40 graduates performed community service in the District of 
Columbia at the National Park Service, The Frederick Douglass House, 
The D.C. Department of Parks and Recreation, the Metropolitan Police 
Department and many other places, with the support of several D.C. 
Council members.
  Despite coming from underprivileged and impoverished neighborhoods, 
the teen graduates devoted their summer beautifying our many parks and 
assisting the National Park Service with sprucing up the Frederick 
Douglass House.
  The Honorable Lee F. Satterfield, Chief Judge of the Superior Court 
of the District of Columbia, offered these young people his 
inspirational and hearty congratulations as the keynote speaker at the 
graduation ceremony. D.C. Council members Phil Mendelson and Michael 
Brown also praised the graduates at the ceremony. The awardees and 
honorees include Brenda Richardson, Community Liaison in the Office of 
D.C. Council member Marion Barry; Ivana Williams, who successfully 
secured the grant for this program; Nicole Straughter, of the Campbell 
Group, who is a third-year student at the University of the District of 
Columbia (UDC) David A. Clarke School of Law; Jeanne Campbell, CEO of 
the Campbell Group; Katherine S. Broderick, Dean of the UDC law school; 
Madelyn Yates, of the National Park Service; Julie Kutruff, Director, 
Frederick Douglass House; and Sheila Lock, of WINN Development 
Corporation. Supporters and parents of the graduates also attended the 
ceremony to congratulate the students on their hard work in the 
District of Columbia.
  Madam Speaker, I ask the House of Representatives to join me in 
celebrating the graduates of ``I Am . . . We Are'' community service 
program as they look forward to welcoming another class of inspiring 
youth.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 578, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``no.''

                          ____________________




ACKNOWLEDGING ELAINE AND MIKE ADLER FOR THEIR GENEROUS CONTRIBUTION TO 
                             RAMAPO COLLEGE

                                 ______
                                 

                         HON. STEVEN R. ROTHMAN

                             of new jersey

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. ROTHMAN of New Jersey. Madam Speaker, I rise today to recognize 
Elaine and Mike Adler for their generous contribution to Ramapo College 
of New Jersey. Mr. and Mrs. Adler have recently announced a $2 million 
gift that will finance the new Adler Center for Nursing Excellence. 
This donation will be the lead gift in Ramapo College's capital 
campaign to renovate its Science Center.

[[Page 18227]]

  The Adler Center for Nursing Excellence will provide a new home for 
Ramapo College's nursing programs. This building will double the size 
of available laboratories and classroom space for nursing students. The 
Adlers' gift will help fulfill a critical need, felt both on campus and 
across the Nation, for an increase in facilities, resources, and 
educators to train our future nurses. The Nursing Programs at Ramapo 
College have clinical partnerships with Englewood Hospital and Medical 
Center, as well as The Valley Hospital. These unique partnerships allow 
students to experience some of the best nursing departments in the 
country. Ramapo College is one of the few institutions that offers a 
masters of science in nursing, which prepares nurses to serve as 
educators in their field.
  Mike and Elaine are longtime supporters of Ramapo College. Amongst 
their many contributions, the Adlers have established an endowed 
scholarship program to ensure that financially disadvantaged students 
are not excluded from receiving a quality college education. Elaine 
serves on the Ramapo College Foundation Board of Governors, which 
exists to provide resources that will make a difference in the 
college's quest for educational excellence. In 1999, Mike and Elaine 
received honorary degrees and were recognized at Ramapo College's 
Distinguished Citizens Dinner. The Adlers are a true embodiment of the 
American dream. In 1949, they founded Myron Manufacturing in the 
basement of their home, and it has since grown into a large 
international corporation, based out of Maywood, New Jersey, within my 
congressional district.
  Madam Speaker, today I would like to express my profound thanks to my 
dear friends Elaine and Mike Adler for their generous contribution to 
Ramapo College's nursing programs and for their lifelong commitment to 
serving their community.

                          ____________________




    CONGRATULATING MR. EDWARD L. BLACKSHEARE, SR. FOR HIS COUNTLESS 
          CONTRIBUTIONS TO EDUCATION AND THE SANFORD COMMUNITY

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. HASTINGS of Florida. Madam Speaker, I rise today to congratulate 
my dear friend, Mr. Edward L. Blacksheare, Sr., on being honored by the 
Crooms Academy Alumni Association, Inc. at its first-ever ``Legacy of 
Hope and Love Banquet.'' This ceremony will honor Mr. Blacksheare's 
distinguished career as an educator and his countless contributions to 
the Sanford community. Mr. Blacksheare has always welcomed the 
challenge to serve the underserved, and it is this devotion that has 
earned him recognition from the Crooms Academy Alumni Association.
  Mr. Blacksheare carries himself with integrity, respect, and 
dedication in everything he does for his profession and community. A 
look into his background shows just how successful he has been on both 
of these fronts. As a Sanford, Florida native, Mr. Blacksheare attended 
Crooms Academy, graduating in 1943. After college, Mr. Blacksheare came 
back to Sanford and began his career as an educator at Oviedo High 
School. In 1948, he returned home to Crooms Academy as a teacher, which 
marked the beginning of a long and illustrious career. Mr. Blacksheare 
was appointed assistant principal in 1960 and was elevated to principal 
in 1964. After serving as principal for 21 years, Mr. Blacksheare took 
a position with the Seminole County School Board before retiring in 
1992 with 43 years of service in education.
  In addition, Mr. Blacksheare is also a proud Kappa man. He was a 
great role model for me and others in our community, serving Kappa 
Alpha Psi Fraternity in many leadership roles. In fact, I became a 
Kappa at Fisk University because of Mr. Blacksheare. When he found out 
that I had pledged Kappa at Fisk University, he was so excited. Years 
later, when I was nominated for Kappa Alpha Psi Fraternity's highest 
award, the Laurel Wreath, he wrote one of the first letters to the 
Laurel Wreath Committee on my behalf. Brother Blacksheare truly knows 
the meaning of PHI NU PI.
  Mr. Blacksheare is a man of great faith and excellent character. He 
is a man known for his many good works and his love for his students, 
family, and friends. As a Crooms Academy alumnus, I am grateful for the 
many years of guidance and leadership Mr. Blacksheare devoted to my 
alma mater. He has always displayed selfless compassion and a desire to 
help those around him. A student in the Class of 1976 described Mr. 
Blacksheare as, ``a man of great strength and patience . . . a 
principal who is interested in today's youth, concerned with our 
welfare and our school.'' I can think of no one else more deserving of 
this tremendous honor, which will be bestowed upon him at the ``Legacy 
of Hope and Love Banquet.''
  Madam Speaker, it is truly a privilege and an honor for me to 
recognize Mr. Edward Blacksheare, Sr., for his dedication to education, 
Crooms Academy, its students, and the Sanford community as a whole.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 577, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``no.''

                          ____________________




        CONGRATULATING THE 2010 PENN HIGH SCHOOL SPELL BOWL TEAM

                                 ______
                                 

                           HON. JOE DONNELLY

                               of indiana

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. DONNELLY of Indiana. Madam Speaker, I rise today to congratulate 
the Penn High School Spell Bowl team of Mishawaka, Indiana for winning 
at the Division I Indiana Academic Spell Bowl held at Purdue University 
on November 13, 2010. Penn won with a perfect score, and has now won or 
tied for first place in the Class I Division with perfect scores since 
1999.
  Spell Bowl team members included Maddy Anderson, Maaz Arif, Nitin 
Arora, Nisha Bhatt, Alex Cao, Christy Chang, Laura Harmon, Austin 
Heckaman, Leah Hershberger, Yifei Hu, Jenny Huang, Richard Jung, Neena 
Kallookulangara, Marija Lapkus, James McGinness, Sheena Shah, Nithin 
Varadharajan, and Andy Wang. They are coached by Peter De Kever.
  Mr. De Kever noted that their goal was not only winning, but doing so 
with a perfect score. He said, ``They executed perfectly and all their 
hard work came to fruition.'' The team practices centered on 
repetition, and they wrote an estimated 30,000 words this season as 
part of the training. Again, I offer my congratulations to the members 
of the Penn High School Spell Bowl team for their accomplishments 
throughout the competition.

                          ____________________




                    TRIBUTE TO WALTER J. BECKERT III

                                 ______
                                 

                           HON. DIANA DeGETTE

                              of colorado

                    in the house of representatives

                       Monday, November 29, 2010

  Ms. DeGETTE. Madam Speaker, I would like to recognize the wonderful 
life and exceptional accomplishments of a remarkable man. This 
distinguished citizen possessed an impressive record of civic 
leadership and invaluable service. His achievements in making our city 
and state a better place merit our recognition and gratitude. It is to 
commend this eminent citizen that I rise to honor Walter ``Uncle Walt'' 
Beckert III.
  Walt Beckert, ``Uncle Walt'' to all, devoted his time, skill and 
energy to making our state and our community a better place. Walt 
achieved a Masters in Bilingual Education, Curriculum Development and 
Administration from the University of Colorado. He served in the Peace 
Corps where he worked in Ecuador on bilingual education and curriculum 
development.
  Walt was a labor leader and political activist who was in the 
vanguard of those dedicated to economic and social justice. As an AFL-
CIO Colorado executive board member, former president of AFSCME Council 
76, and Vice President of local 158; Walt was a union man through and 
through. Anyone who knew him was impressed by his unending spirit, 
drive and determination. Walt was an example of a true union leader in 
every sense of the term. Walt cared about all working people, not just 
those of his organization. His dedication and commitment to the labor 
movement was without question.
  As a long time employee of the City and County of Denver as Director 
of Denver's Safe City Office, Walt worked to prevent violence by and 
against youth. His work allowed him to witness families that have 
fallen on hard times, whether by drugs, illness, or victimization. 
These experiences gave him a unique

[[Page 18228]]

perspective in helping youth and were a motivating factor in his 
community service interests. These interests lead him to be appointed 
to the Governor's Commission on Community Service.
  Walt was an invaluable member of any committee or endeavor. From 
labor union, to political party to the St. Patrick's Day Parade 
committee, he was always there with a smile and a hug and an attitude 
that made everyone want to work harder. He made every job look easy and 
fun, and with Uncle Walt it was.
  Our thoughts and our prayers are with his loved ones. Please join me 
in celebrating the life of Walt Beckert, a man who inspired everyone he 
met by his actions and deeds to make the world a better place for 
everyone.

                          ____________________




 RECOGNIZING CATHY GLASER FOR THIRTY SIX YEARS OF SERVICE TO SAN DIEGO 
                                 COUNTY

                                 ______
                                 

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. ISSA. Madam Speaker, I rise today to recognize the honorable 
civil service of Cathy Glaser and commend her tremendous career of 
thirty six years with the San Diego County Registrar of Voters Office.
  Joining the team at San Diego County in 1976 with the District 
Attorney's office, Family Support Division, Ms. Glaser began her 
historic tenure with the County that has made an impression on 
countless San Diegans.
  Transferring to the Registrar of Voters Office as a Senior Clerk in 
1977, Ms. Glaser was soon promoted to Candidate Filing. She filled an 
invaluable role by assisting candidates in all their filing aspects.
  Starting with San Diego County at the age of 22, and now ending at 
the helm of Campaign Services, Ms. Glaser has worked for 8 Registrars' 
of Voters. She has seen 9 election cycles of Presidents, Governors, 
U.S. Senators, State Senators, State Assembly, County Supervisors, 
Mayors, City Councilmembers, Community College Boards and School Boards 
to name a few. She has supervised the ballot preparation for all of the 
candidates for these offices as well as state, county and local 
propositions and measures.
  Ms. Glaser has seen the transformation from the time of less than 
5,000 Absentee Voters, voting on ``paper''; and when results were 
delivered on election night. She has since been at the forefront of 
change with now more than 700,000 Vote by Mail Voters.
  Under Ms. Glaser's guidance and expertise, San Diego County has won 
several awards for streamlining the election process. She also created 
the prominent ``Candidate's Guide'' which has become the ``go to'' 
guide for candidates, consultants, treasurers and campaign managers. 
Her work is often used as a model for other counties across the nation.
  It is an honor to recognize her three and a half decades of 
dedicated, professional public service. I offer Ms. Glaser my 
congratulations on her achievements.
  Madam Speaker, I ask you to please join me in paying tribute to Ms. 
Glaser's loyal service to the San Diego County Registrar of Voters on 
the occasion of her retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 576, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``no.''

                          ____________________




               HONORING THE CAREER OF THOMAS MAX WILLSON

                                 ______
                                 

                            HON. BART STUPAK

                              of michigan

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. STUPAK. Madam Speaker, I rise to honor the career and 
achievements of Thomas Max Willson of Traverse City, Michigan. Tom is 
retiring after nearly 30 years of diligent public service in the 86th 
Judicial District Court in Traverse City. Throughout his long career, 
Tom has performed his duties with the utmost dedication and 
professionalism while being a devoted husband and father. Tom is also a 
dear friend of mine.
  Tom was born in Detroit, Michigan on January 12, 1951 and grew up in 
Royal Oak, Michigan; graduating from Shrine High School in 1969. 
Following high school, Tom enrolled at Northwestern Michigan College in 
Traverse City where he and I became good friends. In 1973, Tom 
transferred to Ferris State University in Big Rapids, Michigan where he 
earned a Bachelor of Arts degree in Criminal Justice.
  After earning his college degree in 1975, Tom knew he wanted to serve 
the public and play an integral role in his community. Tom headed back 
to Traverse City where he served as a sheriff deputy for Grand Traverse 
County. After two years as a sheriff deputy, Tom continued his career 
in public service as a probation officer for the 86th District Judicial 
Court, serving the counties of Grand Traverse, Antrim and Leelanau.
  Looking for a change in his professional life, Tom entered the 
private sector and became a sales supervisor with H. Cox & Sons 
Wholesale Distributor. Additionally, Tom was given the incredible 
opportunity to teach classes as an adjunct instructor at Northwestern 
Michigan College (NMC). To this day, Tom continues to enlighten 
students at NMC every semester with his experience and insightful 
teachings.
  Tom's passion for public service never faded. He returned to the 86th 
District Judicial Court to work as a probation officer in 1987--the 
same position he will be retiring from on December 31 of this year. Tom 
married his college sweetheart Deborah in May of 1974. Tom and Debbie 
celebrated their 36th wedding anniversary this year. They have two 
daughters, Heather and Ashley, and a granddaughter, Ava Rose.
  On a personal note, Tom has been a dear friend who is always ready to 
help out and go the extra mile. He and Debbie have frequently offered 
to host out of town visitors and show them the beauty of northern 
Michigan. Tom is known in Washington as an unofficial ambassador to 
northern Michigan.
  Madam Speaker, Thomas Max Willson has devoted his career to serving 
and protecting the residents of his local community and the State of 
Michigan. I ask my colleagues in the U.S. House of Representatives to 
join me in recognizing and honoring his lifetime of commitment and hard 
work.

                          ____________________




                     HONORING HELEN MacLEOD THOMSON

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. THOMPSON of California. Madam Speaker, I rise today to honor 
Helen MacLeod Thomson for her 36 years of public service that began in 
1974 when she was elected as a member of the Davis Joint Unified School 
District Board of Education and where she served 3 terms. She was 
elected to the Yolo County Board of Supervisors in 1986 and re-elected 
in 1990 and 1994. In 1996 she won the 8th district seat in the 
California State Assembly where she served three terms.
  As a legislator Thomson chaired both the Health Committee and the 
Select Committee on Mental Health and served on numerous standing and 
select committees. She was on the leadership teams of four Speakers, 
including as Majority Floor Whip and Assistant Speaker Pro Tem. She led 
legislative efforts to reform the state-local government fiscal 
relationship and to end discrimination against those who suffer from 
serious mental illness.
  Assemblywoman Thomson authored 81 bills signed into law by both 
Democratic and Republican governors. Most notably was AB 88, the mental 
health parity bill, which ended the historic discrimination in 
insurance benefits for those who suffer from mental illness and AB 
1421, ``Laura's Law,'' which established a court ordered program of 
Assisted Outpatient Treatment for those persons who are severely 
mentally ill. Thomson's legislation spanned a spectrum of subjects 
including local government finance, civil grand jury reform, highway 
safety, county social services delivery, water conservation, and the 
rights of the disabled.
  In 2002, when her assembly term ended, Thomson again was elected to 
the Yolo County Board of Supervisors and was re-elected without 
opposition in June 2006. She will retire at the end of her term in 
December 2010. Supervisor Thomson has served on a variety of local and 
statewide boards. Of continuing importance to her is the Children's 
Health Initiative, which works to insure children 0-18, who are not 
covered by other health insurance programs, the Yolo Indigent Health 
Medical Services Program and the county's alcohol, drug and mental 
health programs. A registered nurse, she is a member of the National 
Advisory Committee for the newly established Betty Irene Moore School 
of Nursing at UC Davis.
  A champion of Yolo County agriculture, Supervisor Thomson is a 
founder of the Yolo

[[Page 18229]]

Land Trust and this year was awarded its 2010 Thomson-Rominger award 
for her decades of work in land conservation. A major goal of her 
county service was the adoption of the new County General Plan in 
December 2009. This 2030 General Plan continues Yolo County's historic 
preservation of agricultural lands, natural resources and open space, 
while creating opportunities for strategic economic development. It 
emphasizes policies that address issues of ``smart growth'' and climate 
change.
  Madam Speaker, it is appropriate at this time to acknowledge and 
thank Helen M. Thomson for her 36 years of exemplary leadership and her 
lasting contributions that have done so much to directly improve the 
lives of those she has so ably represented.

                          ____________________




                 HONORING ARMY MASTER SERGEANT MITTMAN

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BURTON of Indiana. Madam Speaker, today I rise to celebrate and 
honor the service of Army Master Sergeant Jeffrey Mittman for receiving 
the Osborne A. ``Oz'' Day AbilityOne Awareness Award. The prestigious 
``Oz'' Award is presented by the Committee for Purchase from People Who 
Are Blind or Severely Disabled to an employee at a federal agency who 
demonstrates exceptional service promoting the AbilityOne Program 
throughout the federal, state and local communities.
  Now, the National Account Manager for the National Industries for the 
Blind's Midwest Region, Master Sergeant Mittman supports a mission of 
employment for others with disabilities by promoting the AbilityOne 
Program through the federal procurement process in Indiana's 5th 
Congressional District. This patriot's story is a remarkable one, for 
his story does not start nor finish here with this award.
  Master Sergeant Mittman's indefatigable commitment to serve his 
fellow Americans began as a soldier in the United States Army in 1989. 
Having fought in Operation Desert Storm, Operation Desert Shield, 
Operation Enduring Freedom, and in 2003, Operation Iraqi Freedom, 
Master Sergeant Mittman was the All-American hero who never turned down 
defending his country. It wasn't till his return to Iraq in 2005 as a 
special advisor to the Iraqi Department of the Interior that he came 
face to face with death changing his life forever.
  Tragically, an improvised explosive device exploded near his vehicle 
in Iraq, leaving Master Sergeant Mittman without a nose, lips, most of 
his teeth, and the majority of his vision. Since that time, he has 
endured more than 40 operations and spent over four years recovering 
physically and emotionally. To his great credit, he has traveled the 
country sharing the lessons he learned from these experiences with the 
world.
  He is noted for saying it is the veteran who has to take that very 
first step to recovering and that he realized this after attending the 
Blinded Veterans Association Conference in 2006, where he met people 
who were blinded years ago who are now attorneys, teachers and business 
executives. After realizing life can be good in spite of having a 
disability, he decided to help others who also have disabilities find 
jobs and lead meaningful lives.
  Master Sergeant Mittman, a 40-year-old decorated warrior, husband of 
17 years, father of two and outspoken military veteran was and forever 
will be an All-American hero whose determination and selflessness 
continue to serve our country and inspire our hearts. Today, we salute 
you.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 580 I was not present and 
am not recorded due to a family illness.
  Had I been present, I would have voted ``yes.''

                          ____________________




                   HONORING JUDGE WILLIAM C. HARRISON

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. THOMPSON of California. Madam Speaker, I rise today to recognize 
Judge William C. Harrison, who is retiring after serving 20 years as a 
Superior Court Judge in Solano County, California.
  Judge Harrison was appointed to the bench in 1990 by California 
Governor George Deukmejian. He twice served as Presiding Judge of the 
Courts and was Supervising Judge of the Civil Division for four years, 
the Criminal Division for two years and the Vallejo Branch for two 
years. He is a past judge of the Juvenile Delinquency and Dependency 
Calendars and past probate judge. He currently serves as President of 
the Solano County Law Library Board.
  He served as a member of the Executive Board of the California Judges 
Association and was a member of its Public Information and Education 
Committee and the Probate and Mental Health Committee. He served as 
President of the organization in 2000-2001.
  Judge Harrison was also a member of the Judicial Council of 
California, the policymaking body of the California courts, which is 
the largest court system in the Nation. He served as Vice Chair of the 
Council's Internal Rules and Project Committee and Chair of the 
Internal Litigation Management Committee. He has also served as an 
instructor and facilitator for the California Center for Judicial 
Education and Research, the educational arm of the Judicial Council 
which provides continuing education to California's judges, and is 
currently co-chair of the Presiding Judges and Court Executive Officers 
Executive Committee.
  For the last eight years, Judge Harrison has served by appointment of 
the Chief Justice of California on working groups and task forces 
dealing with judicial selection, court fees, the transfer of court 
facilities to the state, and court security.
  Madam Speaker, Judge Harrison has served his community well and has 
distinguished himself throughout his career as an attorney practicing 
in Vallejo, California and as a member of the bench. It is therefore 
appropriate that we acknowledge his many contributions and wish him 
well on his retirement.

                          ____________________




           CONGRATULATING MARY ALICE D'ARCY ON HER RETIREMENT

                                 ______
                                 

                          HON. PETER J. ROSKAM

                              of illinois

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. ROSKAM. Madam Speaker, I rise today to congratulate a special 
constituent from my congressional district, Mary Alice D'Arcy, on her 
upcoming retirement. For the past thirty years, she has had a 
remarkable impact on Easter Seals DuPage and the Fox Valley Region.
  Since 1981, Mary Alice has served as President and CEO of Easter 
Seals, one of the largest out-patient pediatric rehabilitation centers 
in Illinois. Under her leadership, Easter Seals was awarded the highest 
possible accreditation for outpatient rehabilitation from the 
Commission for Accreditation of Rehabilitation Facilities in 2007 and 
2010.
  Mary Alice has been an important advocate of the organization's 
mission to enable infants, children and adults with disabilities to 
achieve independence. She has dedicated her life to helping these 
individuals in overcoming obstacles, and has been a great friend and 
mentor to families across the State of Illinois.
  Madam Speaker and Distinguished Colleagues, please join me in 
recognizing her extraordinary service and wishing her every happiness 
in the well deserved respite of her retirement.

                          ____________________




         HONORING THOMAS DREWES OF RARITAN TOWNSHIP, NEW JERSEY

                                 ______
                                 

                           HON. LEONARD LANCE

                             of new jersey

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. LANCE. Madam Speaker, I rise today to pay special tribute to Mr. 
Thomas Drewes of Raritan Township, New Jersey.
  At the end of 2010, Thomas Drewes will retire from the United States 
Department of Agriculture's Natural Resources Conservation Service 
after 36 years of dedicated public service.
  Throughout his long and distinguished career Mr. Drewes has been an 
enthusiastic advocate for the importance of soil health and has 
inspired many educational and outreach efforts in New Jersey. Thomas 
Drewes has made a real difference in his community and throughout New 
Jersey as a lead conservationist.
  Over the years Mr. Drewes has received numerous awards for his 
contributions to conservation. In 2005 Mr. Drewes was nominated

[[Page 18230]]

by his peers and selected to receive the New Jersey ``State 
Conservationist Award'' for his leadership in conservation in the 
Garden State. In 2010 the New Jersey Association of Conservation 
Districts presented Mr. Drewes with a ``Special Recognition Award'' for 
his commitment and dedication to conservation in New Jersey. That same 
year Mr. Drewes received the ``Employee Choice Award'' from the New 
Jersey Conservation District Employees Association.
  It gives me great pleasure to share the remarkable efforts of Mr. 
Thomas Drewes of Raritan Township, New Jersey with my colleagues in the 
United States Congress and with the American people.
  I am honored to join his friends, family and colleagues in 
congratulating him on his retirement after 36 years of service to the 
people of New Jersey in making a real difference in my home state's 
conservation efforts.
  Congratulations Tom and best of luck to you in your retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 575, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``yes.''

                          ____________________




   BROTHER . . . BROTHER . . . COMBAT MEDIC SPC JEROD HEATH OSBORNE, 
                           UNITED STATES ARMY

                                 ______
                                 

                           HON. RALPH M. HALL

                                of texas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. HALL of Texas. Madam Speaker, I rise today to honor a great 
American family, and a fallen hero and his brother. On July 5, 2010, 
Combat Medic SPC Jerod Heath Osborne of Royce, Texas, of the 4/73 82nd 
Airborne, died during an IED explosion in Afghanistan. In his short 
life he was a combat medic, an Angel on the Battlefield, the ones who 
rush in while all around the face of hell is going on. The lives that 
he has saved in his brief but great life will be measured in the 
future, with children and heroes that he has saved. His brother SSG 
Wautash Grillett of the 10th Mountain Div. 1st Combat Team 2nd Batt. 
22nd Infantry, on September 21 of that same year almost died in a 
mortar attack and is currently fighting to save his leg. This family, 
throughout the generations, has served our nation in the Armed Forces. 
As recently as the Vietnam war, their uncle James Carter gave his life 
in the name of freedom. The very bed of our Nation's freedom is built 
upon selfless families, our prayers and thoughts go out to them. SGG 
Grillett has said that his brother Jerod always wanted to be just like 
him, but now he wants to be like his brother.

                      Brother . . . Brother . . .

     Brother . . . Brother . . .
     My . . .
     My Brother's Gift . . .
     So very precious, as was this . . .
     My Brother's Faith, shall forever so wave . . .
     My Brother's life, one of such so sure selfless sacrifice . . 
           .
     All in his amazing grace . . .
     My Brother's life, so very short . . . yet shines so bright!
     Moments, are all we have!
     To grab hearts, To Make A Difference . . . to Heaven rise!
     As an Angel on The Battlefield . . .
     As into the face of death Jerod, you so ran . . . and not to 
           yield . . .
     To but so save sacred life, as was your mission . . . as was 
           his most divine light!
     From dusk to dawn, as a battlefield combat medic your courage 
           worn!
     As all around you Jerod, the face of death so swarmed!
     And what child may be born?
     All from your love Jerod, upon battlefields of honor adorned!
     That might so save the world, who now lives on . . .
     And all those lives you saved, just moments from the grave . 
           . .
     And what children, all on this morning will awake?
     With but the greatest gift of all, in their hearts to take!
     With a Mother or Father, a Sister or Brother whose fine lives 
           you saved . . .
     Brother . . . Brother, oh how it's for you I cry!
     A promise I've made, as I wipe these tears from my eyes!
     That I will live for you, each and every new day, every 
           sunrise!
     To the fullest! All in your fine name!
     And if ever I have a new son, your name will be his . . . 
           this one!
     Brother . . . Brother . . . I am so very proud of you!
     All in what you have done . . . oh yes it's true!
     Only the good die young, as now you shine all up in Heaven's 
           sun!
     As an Angel In The Army of our Lord, with your new battle 
           begun!
     To watch over us, as Thy Will Be Done!
     Brother . . . Brother . . .
     All across Texas this night . . .
     As we lay our heads down to rest, as comes a gentle rain . . 
           .
     As upon us, are but our Lord's tears to wash over us . . .
     And so bless us, to so ease our pain!
     As he cries for your most sacred sacrifice, this rain . . .
     Brother . . . Brother . . . I cannot wait until up in Heaven 
           we meet again . . .
     And we won't have to cry anymore, all in this pain . . .
     Brother, Brother, once you so wanted to be just like me . . .
     Now, I'm the one who so wants . . . to be like you!
     Brother . . . Brother . . . Amen . . .

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 574 I was not present and 
am not recorded due to a family illness. Had I been present, I would 
have voted ``yes.''

                          ____________________




                         HONORING TERRI HEMMERT

                                 ______
                                 

                           HON. MIKE QUIGLEY

                              of illinois

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. QUIGLEY. Madam Speaker, I rise today to recognize the outstanding 
achievements in broadcasting of Chicago's own Terri Hemmert. Ms. 
Hemmert, who is already featured in the Rock and Roll Hall of Fame's 
``Rock and Radio'' exhibit, was inducted into The Radio Hall of Fame on 
November 6, 2010.
  Ms. Hemmert first fell in love with music after watching The Beatles 
on The Ed Sullivan Show as a child in Piqua, Ohio. She began her career 
in broadcasting as a late night disc-jockey at WCMF in Rochester, New 
York, before returning to the Midwest and in 1973 joined the burgeoning 
progressive rock station WXRT in Chicago, where she has stayed for 37 
years.
  In 1981, Ms. Hemmert's career took off when she became Chicago's 
first female morning drive personality. The knowledge and love of the 
music she played, coupled with her infectious personality made Terri 
Hemmert one of the household names in the city's ring of FM 
broadcasters. As a renowned Beatles expert, she was the ideal candidate 
to host Chicago's Fest For Beatles Fans, a position she's held for 30 
years.
  Ms. Hemmert contributes to the City of Chicago in other vital ways. 
She serves on the Board of Directors of the Peace Museum, Facets 
Multimedia and many other non-profit organizations. She teaches the 
History of Rock and Soul at Columbia College Chicago and lends her 
expertise as an advisor to the student radio station.
  Madam Speaker, I ask my colleagues to join me in recognizing Terri 
Hemmert and her extraordinary career, numerous contributions to gender 
equality in broadcasting and bringing joy to thousands of Chicagoans 
stuck in traffic on their morning commutes. I would like to 
congratulate Ms. Hemmert on a life of accomplishment with more sure to 
come.

                          ____________________




   RECOGNIZING THE WORK OF MICHAEL REAGAN, AN ARTIST AND VIETNAM WAR 
                    VETERAN FROM EDMONDS, WASHINGTON

                                 ______
                                 

                            HON. JAY INSLEE

                             of washington

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. INSLEE. Madam Speaker, all members of this body and indeed all 
Americans are united in the high esteem we have for the men and women 
of our Armed Forces who have given their lives in service to our 
country.
  A constituent of mine provides a grand example in this regard. Mr. 
Michael Reagan, a portrait artist residing in Edmonds, Washington, a 
member of the U.S. Marine Corps, a combat veteran of the Vietnam War, 
and a member of the local Veterans of Foreign Wars, has committed 
himself to providing surviving families with hand-drawn portraits of 
every man or woman killed in Iraq and Afghanistan. To date, Mr. Reagan 
has completed over 2,400 portraits of servicemembers.

[[Page 18231]]

  These portraits make a difference. A wife of a fallen Marine wrote to 
Mr. Reagan, ``I sit in the living room every day looking at the 
portrait you drew . . . It just brings me a little bit of peace because 
I feel like he's right there with me.''
  In honoring the dead and comforting the living, Mr. Reagan helps the 
families to hold their loved ones in their hearts forever and helps 
assure that our Nation will never forget the service they gave and the 
sacrifice they made. I believe we should reflect on Mr. Reagan's 
contribution and ask ourselves how we, too can continue to honor the 
brave men and women of our Armed Forces.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 573 I was not present and 
am not recorded due to a family illness.
  Had I been present, I would have voted ``yes.''

                          ____________________




                HONORING THE SERVICE OF SCOTT SCHLOEGEL

                                 ______
                                 

                            HON. BART STUPAK

                              of michigan

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. STUPAK. Madam Speaker, I rise today to pay tribute to my good 
friend and Chief of Staff Scott Schloegel. Scott has worked for me for 
nearly two decades in both the Michigan House of Representatives and in 
Congress. Over the years, Scott has demonstrated an unwavering 
dedication to his work, and I am forever grateful for his tireless 
service to both me and the citizens of northern Michigan.
  Scott began his service in 1990 when, fresh off his graduation from 
Northern Michigan University, he came to work as my legislative aide in 
Lansing, MI. When I came to Congress in 1993, Scott served as my 
District Director in Michigan where he oversaw hiring staff and opening 
six of my district offices. He instilled in the district staff that 
casework and constituent service should be their main focus and a 
hallmark of my tenure. As District Director, Scott logged hundreds of 
hours on the road with me and represented me at countless meetings and 
events across northern Michigan. He would meet with local officials, 
hold constituent outreach hours and would speak to groups for me while 
I was in Washington. Scott had a great feel for the political landscape 
of my rural district, and for more than four years he worked 
determinedly to help raise the profile of our office and convert what 
was a solid Republican area into one that consistently supported me 
with increasing re-election margins.
  In 1997, I asked Scott to become my Chief of Staff. Scott and his 
wife Kirsten moved to DC and began what would become a 13\1/2\-year 
reign as my top advisor. Over the ensuing years, we have been through 
many historical and personal tribulations. During the years that Scott 
was my Chief of Staff, we experienced the impeachment trial of 
President Clinton; the cliffhanger election between Vice President Al 
Gore and then Governor George W. Bush; the terrorist attacks on 
September 11, 2001; the anthrax attacks; the DC sniper; and key 
legislative battles regarding guns, energy, health care and many more. 
Also during this time, Scott and I both lost our mothers and my son 
B.J. passed away.
  Throughout my tenure I knew that I could always count on Scott to 
give me sound advice on political and legislative issues. When he 
disagreed with me he would not hesitate to tell me so. And, while he 
didn't win every battle, I knew that he always had my best interests 
and the best interests of northern Michigan in mind. One of his 
favorite tactics when he disagreed with how I was going to vote was to 
sit down and write a TV or radio commercial that he would run against 
me in the next election and then say, ``If you can counter that in a 30 
second TV spot or a 60 second radio spot, then go ahead and vote that 
way. If you can't, then maybe it isn't the right thing for the 
district.''
  Four years ago, when I became Chairman of the Energy & Commerce 
Committee's Oversight & Investigations Subcommittee, Scott took over to 
handle my O&I work in addition to his Chief of Staff duties. He 
assisted in dozens of hearings into such critical issues as our 
nation's nuclear weapon's labs, cyber security, food and drug imports, 
health care reform, automobile safety, telecommunications and energy 
hearings. He has a great mind for oversight and investigations and I 
could always count on him to think ahead and represent my interests 
with the Committee staff.
  Over the years, we have done a tremendous amount of good for our 
nation and northern Michigan and I know that along the way, Scott has 
taken as much joy in helping his home district as I have. We have 
frequently reflected upon the many accomplishments of my tenure and the 
multitude of improvements across northern Michigan as a result of our 
work on improving infrastructure, helping businesses secure financing 
for research and development, and securing financing for communities 
and universities across the district.
  Madam Speaker, as I prepare to leave this great institution, I want 
to thank Scott for his leadership and friendship over all these years. 
I also want to thank his wife Kirsten and his daughters Emma and Lauren 
for the sacrifice they have made as Scott toiled for Michigan's First 
Congressional District. Kirsten and the girls had to put up with Scott 
working extremely long hours and I know there are times where he put 
service to me above his duties at home. Any elected official will tell 
you that the sacrifice of service is one that can test the strength of 
relationships at home, and I want Kirsten and the girls to know that I 
truly do appreciate the fact that they have allowed Scott to serve the 
people of Michigan and our nation. I ask my colleagues in the U.S. 
House of Representatives to join me in recognizing Scott Schloegel's 20 
years of public service.

                          ____________________




                         HONORING CHARLIE KRUSE

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                       Monday, November 29, 2010

  Mrs. EMERSON. Madam Speaker, I rise today to pay tribute to Charlie 
Kruse for his 18 years of service as President of the Missouri Farm 
Bureau Federation.
  Over the years, Charlie's uncommonly wise counsel has been a 
blessing, as it was for my late husband, Bill, before me. Whether it 
was changes in agriculture policy, EPA regulations, or even school 
funding, I know I can rely on Charlie and the folks at Missouri Farm 
Bureau to provide, honest, reliable assessments for rural Missouri. But 
more important than Charlie's advice, I appreciate Charlie's 
friendship; and I look forward to keeping it for years to come.
  Missouri Farm Bureau has grown to be an even more effective 
organization under Charlie's strong leadership. When Charlie was 
elected President of the organization in 1992, membership stood at just 
over 75,000. Membership today stands at just under 112,000 members. 
This is a testament to Charlie's leadership and the dedicated staff and 
membership he has surrounded himself with. Moreover, public servants 
from both political parties agree that Missouri Farm Bureau continues 
to be one of the most respected organizations in our state.
  No tribute to Charlie would be complete without mentioning Charlie's 
wife, Pam. I believe it is clear to all that Pam's dedication to her 
husband and her family enabled Charlie to work so hard for rural 
Missouri. Pam's unselfishness and generosity of time and energy are to 
be commended.
  On behalf of the farmers and ranchers of Southern Missouri and the 
grateful constituents of the Eighth Congressional District, I 
congratulate Charlie and Pam on this occasion. Thank you, Charlie, for 
your 18 years of dedicated leadership with Missouri Farm Bureau. Best 
of wishes to you and your family as you pursue new challenges in the 
many bright years ahead of you.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 572, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``no.''

                          ____________________




          HONORING KENNETH ROBERTS OF LAKE COUNTY, CALIFORNIA

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. THOMPSON of California. Madam Speaker, I rise today to recognize 
Mr. Kenneth

[[Page 18232]]

Roberts, who is celebrating his 80th birthday this Saturday. Mr. 
Roberts is being honored at a luncheon to commemorate this milestone 
along with his years of service to the community.
  Mr. Roberts was born in Washington State in 1930. He went on to serve 
as a Buck Sergeant in the United States Marine Corps during the Korean 
War before settling in Lake County with his wonderful wife, Irene. He 
had a long and fruitful career with Homestake Mining and retired in 
1995.
  Mr. Roberts is a committed activist and outdoorsman. He is known for 
his patience, tolerance and kind demeanor, but he'll never shy away 
from a lively debate on the issues. He is an avid hiker who is a member 
of the Redbud Audubon Society and Sierra Club. His commitment and 
passion for his community has also manifested itself in his work with 
the Lake County Adult Literacy Coalition. Ken mentored three Hispanic 
adults in reading and writing English and tutored one in preparation 
for the U.S. Citizenship exam, which his student passed.
  Madam Speaker and colleagues, it is appropriate at this time that we 
thank my friend Mr. Kenneth Roberts for the work he has done on behalf 
of the people an environment of Lake County and wish him a happy 80th 
birthday. I join his 7 children, 18 grandchildren, 30 great 
grandchildren and 3 great-great grandchildren in wishing him continued 
good health and fulfillment.

                          ____________________




                  ACKNOWLEDGING WORLD REMEMBRANCE DAY

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BURTON of Indiana. Madam Speaker, I rise today to take a moment 
to pay my respects to road traffic victims in honor of World Day of 
Remembrance, this Sunday. Since 1993, this special Remembrance Day 
responds to the great need that road crash victims and their loved ones 
harbor for public recognition of their loss and pain.
  The sense of grief and distress of this large group of people is all 
the greater because many of the victims are young and many of the 
crashes could have been prevented. The response to road death and 
injury is often experienced as inadequate, cruelly unsympathetic, and 
inappropriate to a loss of life or quality of life. In 2005, the United 
Nations took it global, endorsing it to be the third Sunday in November 
each year, encouraging NGOs, such as the Association for Safe 
International Road Travel to commemorate this day.
  Clinton Oster, an environment and public policy professor at Indiana 
University in Bloomington, served as chairman of a committee that wrote 
a report on reducing traffic deaths in our Nation, released on Tuesday.
  According to the report, transportation safety authorities in other 
countries have been successful at reducing fatalities by taking a 
different overall approach, with an emphasis on demonstrating and 
documenting programs that work and then aggressively making their case 
for those programs with political leaders and the public.
  It is estimated that 1.3 million people die in road crashes each 
year. Unless action is taken, road traffic injuries are predicted to 
become the fifth leading cause of death by 2030.
  As Oster said, if such programs were widely adopted in the U.S., it's 
probable that thousands of lives could be saved each year.
  It is my hope that recognizing Remembrance Day will signal the 
importance the issue of reducing road danger to government.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 571 I was not present and 
am not recorded due to a family illness. Had I been present, I would 
have voted ``yes.''

                          ____________________




   RETIREMENT TRIBUTE TO SOLANO COUNTY SUPERINTENDENT OF SCHOOLS DEE 
                                ALARCON

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. GEORGE MILLER of California. Madam Speaker, we rise to recognize 
Dee Alarcon, Superintendent of Solano County Office of Education, as 
she retires after 42 years of outstanding public service through 
education.
  Before being elected to serve as Solano County's Superintendent of 
Public Education, Dee Alarcon worked for 20 years as a teacher, 
principal and administrator in half of Solano County's six school 
districts--Dixon, Travis and Benicia. During this period she also 
taught at the university level. In 1998, Dee began working for the 
Office of Education as the Director of Curriculum and Instruction/
Public Information Office, then as Director ACSA Principals Academy, 
and quickly moved up to Associate Superintendent of Educational 
Services, then Associate Superintendent/Chief Business Official, and 
finally to Deputy Superintendent from 2001-2003. It was in 2003 that 
Dee was elected as the first female county superintendent in Solano 
County's 158-year history; rightfully, an achievement of great pride 
for her.
  Professionally Dee has been an outstanding leader among her peers. 
She is well-known across the nation for her expertise in professional 
development for teachers and administrators and her depth of knowledge 
has made her a subject-matter expert in curriculum and instruction. She 
holds life teaching and administrative service credentials including a 
Bachelor of Arts in Fine Arts from California State University, Chico, 
and a Master of Arts in Educational Administration from California 
State University, Sacramento.
  As Solano County Superintendent, Dee has directed and implemented the 
strategic plan for the Office of Education, developed and monitored the 
$64 million budget, and monitored the combined school district budgets 
of $500 million. In 2007, Solano County was awarded ``America's Promise 
100 Best Communities for Young People'' with the Office of Education 
serving as lead agency in submitting the application. It is with great 
pride that we note Solano County has won this distinguished designation 
a total of three times.
  Dee Alarcon also represents the Solano County Office of Education 
through her memberships in various professional organizations and 
committees. She was recognized with a Women of Distinction Award in 
2004 by Soroptimist International of Dixon for her outstanding service 
in education and to the community.
  Dee has been elected President of the ACSA, Region 4, and served on 
ACSA's state Board of Directors for 3 years. In 2005, ACSA honored her 
as Administrator of the Year. She currently serves as the President of 
the Association of Educational Service Agencies, AESA, Council and she 
will direct the Association of California School Administrators, ACSA, 
Superintendents Academy this year at the Solano County Office of 
Education.
  Additionally, Dee's experience in community relations and collective 
bargaining along with her amiable personality are assets in fostering 
positive and collaborative relationships among educational 
institutions, professional organizations, governmental agencies, and 
members of the community.
  When asked to comment on the leading factor motivating her to serve 
in the education profession, Dee explains, ``I have never lost focus of 
why I am in this business--for the children.''
  As Superintendent Dee Alarcon retires, we are pleased to have this 
opportunity to thank her publically for her remarkable leadership and 
dedication to excellence in education. Our children, their families, 
and our entire community have benefitted immensely from her work. Hers 
is a lasting legacy and we join together with Dee's husband Alex, her 
sons A.J. and Phil, her extended family and friends to wish her the 
very best in her retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 570 I was not present and 
am not recorded due to a family illness. Had I been present, I would 
have voted ``yes.''

                          ____________________




                     HONORING JANICE KAMENIR-REZNIK

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BERMAN. Madam Speaker, it gives me great pleasure to rise today 
and pay tribute to an outstanding citizen of our country, my good

[[Page 18233]]

friend Janice Kamenir-Reznik. She is being honored as the Co-Founder 
and President of Jewish World Watch (JWW) at the Global Soul event on 
February 1, 2011. Janice is one of Los Angeles' most dedicated 
activists, as seen by her relentless advocacy for human and civil 
rights worldwide.
  Through co-founding JWW with Rabbi Harold M. Schulweis, Janice has 
directed the energies of this effective Jewish movement to focus 
attention on ending current and future genocides and mass atrocities. 
Her dedication and efforts to end the current crises in regions such as 
the Sudan and the Democratic Republic of Congo are clear examples of 
her compassionate and caring nature.
  JWW urges individuals and communities to take local action to produce 
powerful global results in the fight against genocide. The organization 
has impressively enlisted 65 synagogues, and works in coalition with 
schools, churches, individuals, communities, and partner organizations 
that share a vision of a world without genocide. JWW has successfully 
influenced legislation that ends the trade of conflict minerals from 
Congo which funds armed groups committing atrocities in the region. 
They also provide high-impact relief and development projects that 
improve the lives of survivors and help build the foundation for a 
stable region.
  Janice is a pillar of society and a role model for all of us. As 
President of JWW, she has demonstrated not only the influence of 
advocacy but the power of action as well. She ensures that this 
important movement will not ``stand idly by'' as she continues to 
provide educational awareness, advocacy and direct relief efforts in 
the killing fields of Sudan and war-torn Congo.
  Madam Speaker and distinguished colleagues, I ask you to join me in 
saluting Janice Kamenir-Reznik for her invaluable contributions and 
dedication to the JWW cause.

                          ____________________




                  NOVEMBER IS AMERICAN DIABETES MONTH

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. TOWNS. Madam Speaker, I rise today to acknowledge November as 
National Diabetes Month. This is a time for us to officially recognize 
the importance of and to increase the awareness of this relentless, 
debilitating and--without question deadly disease. If left undiagnosed 
or untreated, the consequences of diabetes are far more serious than 
many people realize. This month is an opportunity for Americans to look 
at diabetes differently and to get involved to stop and prevent this 
disease.
  Currently, there are nearly 24 million American children and adults 
who have diabetes; there are another 57 million Americans that have 
prediabetes, putting them at high risk for developing the disease. 
Every minute three people are diagnosed with diabetes and over 700,000 
New Yorkers have the disease--almost a third do not know they have it 
and more than 100,000 of them with very poorly controlled diabetes are 
at high risk of heart attack, stroke, kidney failure, blindness, and 
amputations.
  The American Diabetes Association estimates that the total cost of 
diagnosed diabetes in the United States is more than $174 billion 
annually. Further published studies suggest that when additional costs 
for gestational diabetes, prediabetes and undiagnosed diabetes are 
included, the total diabetes-related costs in the United States could 
exceed $218 billion each year if people do not have access to the tools 
necessary to manage their diabetes. Every day, nearly 200 people with 
diabetes will undergo an amputation, 130 people enter end-stage kidney 
disease programs and 50 people go blind from diabetes. Diabetes kills 
more Americans each year than breast cancer and AIDS combined.
  Diabetes is not merely a condition; it is a disease with deadly 
consequences. Drastic action is needed from everyone for we simply 
cannot afford to continue to ignore this epidemic. The most critical 
thing you can do is to take control of your own health and to encourage 
your family and community to do the same. Fortunately, there are a 
number of steps you can take if you have or are at risk for developing 
diabetes. Everyone can start by knowing the ``ABCs of diabetes''; this 
will help in keeping it under control, as well as, prevent or delay any 
serious and deadly complications. The ABCs are simple and consist of 
the following:
  Average Glucose--Most people with diabetes should check their A1C (a 
measure of average glucose) every 3 to 6 months. The A1C test measures 
how well they are managing their diabetes over time. A1C can also be 
reported as estimated Average Glucose, or eAG. In most cases, it is 
important to keep A1C less than 7 percent (eAG less than 154 mg/dl).
  Blood Pressure--People with diabetes should have a target blood 
pressure of less than 130/80 mmHg.
  Cholesterol--LDL (bad) cholesterol should be below 100 mg/dl; HDL 
(healthy) cholesterol should be above 40 mg/dl for men and 50 mg/dl for 
women; triglycerides should be below 150 mg/dl.
  Diabetes is an epidemic in New York City, fueled by the increase in 
obesity nationwide and worldwide. In the past 15 years, the number of 
people with diabetes in NYC has more than doubled. In 2008, 550,000 New 
Yorkers reported being diagnosed with diabetes. Though serious, 
diabetes can be prevented and controlled--weight management is an 
important step.
  Therefore, I encourage everyone to talk to their doctor, participate 
in some form of physical activity, maintain a healthy diet and take 
your medications. These are just a few preventive measures that you can 
do in taking control of your diabetes. So, please join me in 
recognizing November as National Diabetes Month and increasing the 
awareness by jump starting your way to a healthier life.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. BOOZMAN. Madam Speaker, on rollcall No. 569, I was not present 
and am not recorded due to a family illness. Had I been present, I 
would have voted ``yes.''

                          ____________________




              IN HONOR OF ANASTASIUS (TASSOS) EFSTRATIADES

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. ANDREWS. Madam Speaker, I rise today to honor Mr. Anastasius, 
Tassos, Efstratiades, whose personal commitment to preserve the proud 
heritage of Cypriot Americans and efforts to raise awareness of the 
continued strife in Cyprus is worthy of recognition.
  Mr. Efstratiades's love for his homeland is admirable and his 
accomplishments as a father and businessman are truly inspirational.
  Mr. Efstratiades, a partner at Obermayer, Rebmann, Maxwell & Hippel, 
LLP, has been named Chairman on both the Governor's Commission on 
International Trade for New Jersey and the Cherry Hill Economic 
Development Committee. He has also served on the New Jersey General 
Assembly's Task Force on Business Retention, Expansion and Export 
Development. In these roles Mr. Efstratiades has demonstrated his 
abilities as a leader, spearheading efforts to improve commerce and 
create economic growth, contributing directly to the well-being and 
prosperity for many families in Southern New Jersey.
  As a leader in Greek American initiatives, Mr. Efstratiades's service 
is truly extraordinary. Serving as chairman of the Greek American 
Chamber of Commerce, he has worked to cultivate relationships and ease 
business struggles for countless Greek and Cypriot-American 
businesspeople. Mr. Efstratiades's civic leadership helped him earn 
this prestigious title, while his tireless efforts have garnered him 
the respect and admiration of his peers and colleagues.
  Madam Speaker, Anastasius Efstratiades's commitment to South Jersey 
must be recognized. I wish him the best in his future endeavors and 
thank him for his continued dedication to Cypriot Americans.

                          ____________________




           POSTHUMOUS TRIBUTE TO SERGEANT WILLIE JAMES QUINCE

                                 ______
                                 

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. PASCRELL. Madam Speaker, I would like to call your attention to 
the life and work of an outstanding individual, the late Sergeant 
Willie James Quince of Paterson, New Jersey,

[[Page 18234]]

whose life will be celebrated during a memorial service on Monday, 
November 29, 2010, at the First A.M.E. Zion Church.
  It is only fitting that he be honored in this, the permanent record 
of the greatest democracy ever known, for he served countless others 
throughout his lifetime.
  Sergeant Willie James Quince was born in Valdosta, Georgia, in 1921 
to Mr. Remer Quince and Helen Braswell. His family moved to West Palm 
Beach, Florida, for where he finished elementary school and graduated 
from Industrial High School. He went on to courses at Purple Kerpels 
School of Mechanical Dentistry in New York City, NY. He then studied 4 
years at the Jones Barber School in Atlantic City, NJ, and the 
Interracial Barber College in Atlantic City, NJ, graduating in three 
years. After graduation, he moved to Paterson, N.J. in January 1958 and 
opened Quince's Barber Shop.
  He was married to Mary M. Quince for 61 years, and together they 
raised five children, Wiley ``Sonny'' Quince, William A. Quince 
(Linda), Madgeline Z. Quince, Sylvia A. Lucas, and Kelvin C. Quince 
(Cora); and also now have ten grandchildren and thirteen great 
grandchildren. Mr. Quince was a faithful husband, dedicated father, 
grandfather and great grandfather, and a committed community servant. 
He earned many accolades and had a long record of accomplishment as a 
forerunner for civil rights and a leader throughout Paterson. He was a 
long time member of First A.M.E. Zion Church where he was elected Man 
Of The Year multiple times, served on the Board of Trustees for 31 
years and served as Chairman for 15 years. He also served on the 
Stewart Board, Usher Board, The Dreamers, The Kitchen Cabinet, and The 
Zion Seniors.
  He served our Nation as a Drill Sergeant during World War II Army Air 
Force and received the Medal of Good Conduct, WWII Victory Medal and 
ATO Medal. He was an Honored Life Member of the NAACP Paterson Branch, 
a member of the Habitat for Humanity Paterson Chapter Tenants Selection 
Committee for Home Ownership. He was the 1st African-American elected 
chairman of the Paterson Housing Authority Board of Commissioners, and 
he served as Project Housing Manager of Christopher Columbus Housing 
Development and as Manager of the Riverside Terrace Housing 
Development. He also served as Paterson's 4th Ward Leader of the 
Passaic County Democratic Party for many years. He was known for his 
superb social mannerisms and good conversation.
  The job of a United States Congressman involves much that is 
rewarding, yet nothing compares to recognizing the lifetime achievement 
of a giving person such as Sergeant Willie James Quince.
  Madam Speaker, I ask that you join our colleagues, Willie's family 
and friends, and me in recognizing the late Sergeant Willie James 
Quince's outstanding life of service to his community.

                          ____________________




       RECOGNIZING THE 87TH ANNIVERSARY OF TURKEY'S REPUBLIC DAY

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. TOWNS. Madam Speaker, I rise today to offer my congratulations to 
the Republic of Turkey on the occasion of the 87th anniversary of 
Republic Day.
  On October 29, 1923, the new republic was declared in the new capital 
of Ankara. Mustafa Kemal Ataturk was the founder and first President of 
the Republic of Turkey, and his leadership proved essential to the 
foundation for the secular republic. In recent decades, the republic 
has strengthened politically and economically.
  Turkey's membership in NATO, beginning in 1952, has been one facet of 
a strong relationship between Turkey and the United States. It is 
important that our two nations continue to work together toward our 
common goals.
  I extend my best wishes to the citizens of Turkey, and urge my 
colleagues to recognize this important occasion.

                          ____________________




                HONORING GEORGE THOMAS ``MICKEY'' LELAND

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                       Monday, November 29, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise to pay 
tribute to Congressman George Thomas ``Mickey'' Leland, who lost his 
life in a plane crash during a humanitarian mission in Ethiopia. Were 
he still with us, he would have turned 66 last week on November 27.
  Congressman Leland was best known for his advocacy for low-income 
families and individuals, both at home and abroad. Before he even held 
political office, he was active in pressing for crucial health care 
reforms in Houston, such as community health clinics. In 1972 he ran 
for the Texas House of Representatives as a member of the ``People's 
Five,'' a slate of minority candidates in a state that had not seen an 
African American state representative since Reconstruction. Congressman 
Leland won his election, and two subsequent reelections. In his tenure, 
he was lauded for his work to allow generic drugs to be prescribed, 
lowering costs and increasing access to life-saving medications for 
many Texans.
  In 1978, Congressman Leland took over the seat vacated by Barbara 
Jordan's retirement from the United States House of Representatives. He 
was reelected to his position as a United States Congressman five 
times, typically winning majorities of 90 percent or more. Initially he 
drew attention with his unique sense of style, later for his ability to 
develop bipartisan partnerships. Congressman Leland chaired the 
Congressional Black Caucus in the 99th Congress, from 1985 to 1987. He 
was an ally to all minority groups, including the many Latinos in his 
district. He once surprised his colleagues by arguing in Spanish on the 
House Floor in favor of preserving the bilingual clauses of the Voting 
Rights Act.
  However, Congressman Leland's greatest passion--the fight against 
world hunger--was born during a three-month trip through East Africa. 
There, he witnessed mobs of people rubbing their stomachs and pleading 
for food in Ethiopian refugee camps. There, he held a young girl in his 
arms as she died of starvation. After that fateful visit, Congressman 
Leland became a dedicated crusader, raising awareness of domestic and 
international hunger. He was instrumental in the creation of the Select 
Committee on Hunger, which in 1984 was able to push through Congress a 
nearly $800 million aid package for famine relief. He continued to 
travel to Africa frequently, often guiding his Congressional colleagues 
to refugee camps so they could see for themselves the dramatic impact 
of the aid money.
  It was during a trip to Africa, during which he planned to monitor 
the delivery of supplies and inspect a refugee camp on August 7, 1989, 
that Congressman Leland's plane crashed into a mountainside. He and 15 
others died in the course of this humanitarian mission. Many of the 
communities he had touched, both in Texas and nationally, were quick to 
honor his memory with awards, dedications, and outreach projects in 
Africa. His greatest legacy is, of course, his family--he is survived 
by his wife Alison and his three children.
  Madam Speaker, I ask that my colleagues join me in recognizing this 
remarkable man for his lifetime of service.

                          ____________________




 INTRODUCING A RESOLUTION EXPRESSING SUPPORT FOR THE REPUBLIC OF INDIA 
    GAINING A PERMANENT SEAT ON THE UNITED NATIONS SECURITY COUNCIL

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. HASTINGS of Florida. Madam Speaker, I rise to introduce a 
resolution in support of the Republic of India gaining a permanent seat 
on the United Nations Security Council. Addressing a joint session of 
India's Parliament this past November 8, President Obama said that 
``the United States not only welcomes India as a rising global power, 
we fervently support it.'' I could not agree more. In recent years 
India has proven to be a solid and supportive ally of the United 
States. As the international community looks to reform the policies and 
procedures of the Security Council, no nation deserves a seat at the 
table more than India.
  As the world's most populous democracy--and second most-populous 
nation--India is an increasingly influential power, not only in its 
neighborhood in South Asia but also on the world's stage. India is one 
of the fastest-growing economies in the world, enjoys the second-
largest labor force, and is rapidly becoming a major hub for high-tech 
industry, telecommunications, and automobile manufacturing. As a major 
export/import nation, India

[[Page 18235]]

is an important trading partner for dozens of countries around the 
world.
  India's position at the nexus of global security issues, from 
Pakistan and Kashmir to China and the Indian Ocean, makes its 
participation in international security decisions essential. Having 
already provided tens of thousands of troops for dozens of UN 
peacekeeping missions around the world, India has earned a permanent 
role for itself in security decision-making, global conflict 
resolution, and questions of war and peace. As a nation which has 
suffered more casualties from terrorism than almost any other, India's 
commitment to effective counterterrorism measures is aligned with the 
United States' goals, and India has proved an indispensible ally with 
respect to our efforts in South Asia.
  Finally, India regularly participates in numerous regional and 
international organizations, including the G20, the World Trade 
Organization, the East Asian Summit, and the South Asian Association 
for Regional Cooperation. India has thus demonstrated a commitment to 
international dialogue and constructive engagement, and, indeed, enjoys 
good relations with most countries around the world.
  Madam Speaker, India is already a nation of great influence, respect, 
ambition, and ability, and a trusted member of the international 
community. An overwhelming majority of the United Nations General 
Assembly recently elected India to serve as the Asian regional 
representative to the Security Council. The permanent membership of the 
Security Council reflects the reality of global power in the immediate 
aftermath of World War II--not today's 21st century reality of rising 
powers. As President Obama and many other world leaders have pointed 
out, India deserves a permanent seat on a reformed Security Council, 
where its voice and clout will be a much-welcomed and much-needed 
addition to the global security regime. I strongly applaud this effort 
and urge my colleagues to support this resolution.

                          ____________________




                    OUR UNCONSCIONABLE NATIONAL DEBT

                                 ______
                                 

                           HON. MIKE COFFMAN

                              of colorado

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. COFFMAN of Colorado. Madam Speaker, today our national debt is 
$13,794,243,004,364.88.
  On January 6, 2009, the start of the 111th Congress, the national 
debt was $10,638,425,746,293.80.
  This means the national debt has increased by $3,155,817,258,071.00 
so far this Congress.
  This debt and its interest payments we are passing to our children 
and all future Americans.

                          ____________________




                     TRIBUTE TO DR. MALCOLM MILLER

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. CALVERT. Madam Speaker, I rise today to recognize and honor the 
life of Dr. Malcolm Miller, a retired anesthesiologist and Mayor of the 
City of Norco, California. Malcolm passed away last night at the age of 
65 after a brief battle with liver cancer. He will be deeply missed.
  Dr. Miller graduated from medical school from the University of Cape 
Town in South Africa and specialized as an anesthesiologist at Harvard 
Medical School. After teaching at Harvard for three years, he 
transferred to the University of California, Irvine where he taught as 
an Assistant Professor in the Department of Anesthesiology.
  Dr. Miller later entered private practice at Orange County's St. 
Joseph Hospital and Children's Hospital where he served as Chairman of 
the Department of Anesthesiology and as a member of the Board of 
Trustees. He was elected as the District Director for the Orange County 
Society of Anesthesiologists and served on the Board of Directors of 
the California Society of Anesthesiologists. He also served as a member 
of the Claims Review Committee of the Cooperative of American 
Physicians.
  Dr. Miller is a naturalized citizen of the United States. He moved to 
Norco in 1997 when he married his wife, Donna, a longtime resident. 
Since then, he has served on the Streets and Trails Commission and was 
elected to the Norco City Council in 2007. Both Dr. Miller and his wife 
have been avid equestrians, and proud members of the Norco Horsemen's 
Association. Furthermore, Dr. Miller was a strong advocate for an 
innovative and forward-thinking project to convert animal waste into a 
renewable energy source.
  Dr. Miller was in his first term on the City Council after being 
elected in 2007, and will be remembered for using his profound 
intellect to better the community around him.
  On behalf of all those who knew him, it is my honor to offer these 
remarks as a tribute to the remarkable life and legacy of Dr. Miller. 
His life and presence will be sorely missed and I extend my condolences 
to his wife and his dear family and friends.

                          ____________________




                        TRIBUTE TO NANCY KAUFMAN

                                 ______
                                 

                          HON. JOHN F. TIERNEY

                            of massachusetts

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. TIERNEY. Madam Speaker, I rise today to recognize the 
accomplishments of Nancy K. Kaufman. For the past 20 years, Ms. Kaufman 
has served as the Executive Director of the Jewish Community Relations 
Council of Greater Boston, an umbrella group for 42 local and national 
Jewish organizations. She has been a charismatic leader for JCRC, for 
the Boston Jewish community and for the Commonwealth of Massachusetts.
  I have had the privilege of knowing Nancy for many years, and have 
traveled to Israel with her. Those who know Nancy can attest to her 
energy, effectiveness and enthusiasm for building a better world.
  Due to Nancy's efforts, JCRC's impact has been felt across the 
country. As a result of her vision, passion and determination, the 
organization has developed a national model for creating community 
cohesion and building bridges. As an advocate for those in need, a 
community organizer and one committed to maintaining strong ties 
between Israel and the United States, Nancy has led the Jewish 
community with distinction and passion, and has been an outspoken and 
effective advocate for issues of importance to the Jewish community at 
the state and federal level.
  Before joining the JCRC, Nancy worked for the Commonwealth of 
Massachusetts as Deputy Director of the Governor's Office of Human 
Resources, Assistant Secretary of Health and Human Services and Deputy 
Commissioner of the Department of Public Welfare. Starting in January 
2011, Ms. Kaufman will join the National Council of Jewish Women as its 
new President.
  Ms. Kaufman is the recipient of several distinguished awards, 
including the Littauer Award for Excellence from the Kennedy School of 
Government and the Award for Greatest Contribution to Social Policy and 
Social Change from the Massachusetts chapter of National Association of 
Social Workers. Ms. Kaufman was also awarded the Warren B. Kohn Award 
for Jewish Communal Service in 2001, and was noted among the ``Top 50'' 
American Jewish leaders in the Forward Newspaper in 2000.
  As she concludes her tenure at the Jewish Community Relations Council 
of Greater Boston, I wish to recognize Nancy Kaufman for her 
outstanding achievements as a citizen and advocate and wish her 
continued success in her new position.

                          ____________________




                           HONORING MIKE COX

                                 ______
                                 

                       HON. THADDEUS G. McCOTTER

                              of michigan

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. McCOTTER. Madam Speaker, today I rise to honor and acknowledge 
the distinguished career of Mike Cox, Michigan's 52nd Attorney General.
  Born on December 29, 1961, the son of Irish immigrants, Michael 
Anthony Cox graduated from Detroit Catholic Central High School in 1980 
and went on to serve his country as a Marine from 1980 until 1983. 
Serving with distinction, Mike Cox rose to the rank of Corporal and 
earned the Navy Achievement Medal and Command Marine of the Year 
Designation.
  Mike Cox graduated from the University of Michigan in 1986, before 
earning his Juris Doctorate from the University of Michigan Law School 
in 1989. Mike worked in the Oakland County Prosecutors' office from 
1989-1990. Mr. Cox joined the Wayne County Prosecutors' Office from 
1990-2002, serving as Director of the Homicide Unit from 2000-2002. 
With

[[Page 18236]]

tireless devotion to the citizens of Michigan, Mike Cox was elected 
Attorney General of the State of Michigan in 2002 and again in 2006.
  During his tenure, Attorney General Cox has recovered a record $3.2 
billion for Michigan consumers while also saving taxpayers more than 
$1.7 billion in defense of state lawsuits. Fighting utility rate 
increases, Attorney General Cox has saved families and businesses more 
than $2.4 billion. He diligently fought rate hikes for Blue Cross Blue 
Shield of Michigan enrollees and implemented a website allowing 
consumers to find the fairest price on prescription drugs.
  As a father of four and a Little League coach, Mike Cox has set the 
protection of children as a top priority. By establishing the nation's 
first Child Support Unit, Attorney General Cox has helped more than 
60,000 of Michigan's youngest citizens receive the child support owed 
them and the unit is on track to collect over $100 million by early 
2011. His expanded efforts to keep children safe while online have 
resulted in the arrest of 258 internet sexual predators, making 
Michigan's Internet Predator Unit one of the most productive in the 
country. Cox's office developed the Michigan Cyber Safety Initiative. 
This innovative program has reached more than a half million.
  With his unwavering commitment to all citizens, Michigan Attorney 
General Mike Cox has actively sought to protect our vulnerable senior 
citizens from unscrupulous caregivers, testified before Congress in 
defense of the embattled auto industry and led the fight to keep 
dangerously invasive Asian Carp from destroying our bountiful Great 
Lakes.
  Madam Speaker, during his distinguished career, Attorney General has 
bettered the lives of countless Michiganders. As he embarks upon the 
next chapter of his life with his beloved wife Laura and his children 
Lindsey, Sinead, Conor and Rory, I ask my colleagues to join me in 
applauding his legendary leadership, and in thanking him for his 
unfaltering service to our community and our country.

                          ____________________




                      TAXPAYER RECEIPT ACT OF 2010

                                 ______
                                 

                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. McDERMOTT. Madam Speaker, Oliver Wendell Holmes said ``taxes are 
the price we pay for a civilized society'' and taxes are a very big 
topic in our national debate today. How much federal income tax people 
pay and what those taxes buy is not well understood by many Americans. 
It is hard and complicated to figure out. Very little information about 
how tax revenues are spent is ever made available to the American 
people. This results in significant misinformation. For example, a 
Washington Post and Kaiser Foundation poll found that by a margin of 
two to one, Americans believe that the federal government spends more 
on foreign aid than on either Social Security or Medicare. This is why 
I am introducing the Taxpayer Receipt Act of 2010. This bill requires 
the Secretary of the Treasury to provide each taxpayer with a simple 
annual statement explaining how his or her federal income tax dollars 
were spent.
  Similar to the annual Social Security statement, the Taxpayer Receipt 
will show the taxpayer's income tax liability, the amount of the 
liability spent on major spending categories, and the actual federal 
outlays for each category. It will also provide information on the 
state of the deficit and the 10 costliest tax breaks for that year. 
This simple annual Taxpayer Receipt will provide clear and consistent 
information to taxpayers that will serve to educate taxpayers on 
government spending--a subject full of misinformation.
  Thomas Jefferson once said, ``Information is the currency of 
democracy.'' To that end, providing Americans with information and 
transparency on government spending is essential to maintaining the 
strength and health of our democracy.

                          ____________________




   TO SUPPORT THE NUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 2010

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                       Monday, November 29, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise today to 
support H.R. 5866, the Nuclear Energy Research and Development Act of 
2010.
  I am proud to see this vital piece of legislation up for 
consideration under suspension of the rules today. My colleagues and I 
on the Science and Technology Committee worked tirelessly on this bill 
which amends the Energy Policy Act of 2005 to modify and augment 
existing nuclear research and development programs at the Department of 
Energy. This legislation is an important step in ensuring the next 
generation of affordable and safe nuclear energy.
  Our country should focus on creating environmentally safe and 
economically sustainable nuclear energy in order to reduce reliance on 
fossil-fuel resources. I was pleased the Science and Technology 
Committee included an amendment I offered during the Energy and 
Environment Subcommittee Markup on July 27th, 2010 which is now section 
13 of H.R. 5866. Section 13 calls for the Secretary of Energy to work 
with the National Academies to conduct a long-term operating study of 
our Nation's existing nuclear power plants.
  We need to know how long these facilities can last safely and what 
can be done to maintain these plants better. We should also identify 
what major impediments are threatening their long-term operational 
viability. To help transition to a low carbon economy, Congress needs 
these questions answered.
  The United States currently has 104 reactors in 31 States that 
generate approximately 20 percent of our nation's electricity. Data 
indicates that it is possible that one-third of nuclear facilities in 
our country will be retired in the next 20-25 years. Given that nuclear 
power provides approximately 20 percent of the electricity in the 
United States, this topic is of critical national concern.
  Many existing nuclear facilities in the U.S. are nearing the end of 
their initial 40-year licenses. Many of these facilities are likely to 
seek and receive license renewals for an additional 20 years. As the 
demand for low-carbon electricity grows, it is not too soon to identify 
options for these plants beyond the 60-year mark. The dearth of new 
nuclear units necessitates that our current nuclear infrastructure must 
continue to operate reliability, safely, and efficiently.
  In the U.S. there are 59 nuclear plants that have reapplied for 
licenses through the Nuclear Regulatory Commission for an additional 20 
years, taking the age of their plants from 40 to 60. The need to 
demonstrate the technical and financial feasibility of extending the 
life of nuclear facilities beyond 60 years is evident. Madam Speaker, 
the best way to lower energy costs is to identify and implement 
affordable clean energy.
  I would like to thank Chairman Bart Gordon for introducing this 
critical legislation. I urge my colleagues to support this important 
legislation in order to shed some light on the best path forward for 
our National Nuclear R&D strategy.

                          ____________________




                   PROVIDING RELIEF TO THE UNEMPLOYED

                                 ______
                                 

                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. McDERMOTT. Madam Speaker, the current recession has impacted the 
lives of millions of American families. Unemployment rates in the past 
3 years have reached record highs, with competition for employment so 
steep that roughly five Americans compete for every available job. 
Providing meaningful relief to the unemployed in these scarce times is, 
by definition, our responsibility as legislators.
  To get through these hard times, millions of unemployed Americans are 
raiding their retirement savings to put food on the table. In 2007, 
over 34 million Americans participated in their employer-sponsored 
retirement plans, and over 20 million Americans had an Individual 
Retirement Account. Unfortunately, withdrawing retirement funds early 
can carry stiff penalties. That is why I am introducing legislation to 
waive the penalty for unemployed taxpayers who have turned to their 
retirement savings for an early distribution. This bill will waive the 
penalty for such distributions made during 2009, 2010, or 2011, so long 
as the taxpayer received 12 consecutive weeks of unemployment 
compensation in the year the distribution was made.
  In creating retirement accounts with special tax treatment, Congress 
was encouraging saving towards a financially stable retirement. It was 
the right thing to do. Congress wanted these funds to be for 
retirement, but Congress did not foresee the economic disaster we are 
going through. By allowing temporary, penalty-free withdrawals from 
retirement accounts when folks are unemployed we are helping the 
unemployed when they need it most.

[[Page 18237]]



                          ____________________




                        HONORING BRUCE PATTERSON

                                 ______
                                 

                       HON. THADDEUS G. McCOTTER

                              of michigan

                    in the house of representatives

                       Monday, November 29, 2010

  Mr. McCOTTER. Madam Speaker, today I rise to honor and acknowledge 
the distinguished career of Bruce Patterson, Michigan State Senator 
representing the 7th District.
  Born in Detroit, Michigan on February 7, 1947, Senator Patterson now 
resides in Canton. After graduating from Redford High School, he earned 
a Bachelor of Arts degree from Wayne State University in 1969, and 
thereafter, in 1972, a Juris Doctorate Degree from Wayne State 
University Law School.
  Prior to beginning his storied political career, Senator Patterson 
served 20 years as an Associate Attorney, Vice President and President 
of McCabe, Middleton and Patterson, PC. Senator Patterson has been a 
member of the State Bar of Michigan since 1972 and was a member of the 
Plymouth-Canton Public School's Educational Excellence Foundation Board 
of Directors from 1989-1997. As Director of Planned Giving for Eastern 
Michigan University, Senator Patterson diligently worked from 1991 to 
1994. He devoted his time and energy as President of the Canton 
Economic Club from 1991 to 1992 and to the Canton Community Foundation 
from its inception in 1989 until 1996. Later in his career, Senator 
Patterson became a member of the Schoolcraft Community College Board of 
Trustees. With tireless devotion, he dedicated his time to improving 
his community as a Wayne County Commissioner from 1995 to 1998, and was 
elected to the Michigan State House of Representatives, where he was 
the first freshman ever elected to the position of Associate Speaker 
Pro Tempore, serving the 21st District for 4 years. While in the State 
House, Senator Patterson also served as Majority Leader.
  Thereafter, on November 7, 2002, Senator Patterson was elected to the 
Michigan State Senate. During his tenure, Senator Patterson served as 
Chair of the Energy Policy and Public Utilities Committee, Health 
Policy Committee, Judiciary Committee, Natural Resources and 
Environmental Affairs Committee and Legislative Council.
  For his unwavering commitment to excellence, Senator Patterson was 
inducted into the Canton Township Hall of Fame. Senator Bruce Patterson 
has earned a number of prestigious awards, including: the Michigan 
Chamber of Commerce Champion of Commerce Award, Michigan Associated 
Underground Contractors Legislator of the Year, the Michigan Nursing 
Association Friend of Nursing Award, Senior Alliance Legislative Award, 
Michigan Manufacturers' Association's ``Advocate of the Year,'' the 
Iron Rider Award given by ABATE of Michigan, Michigan Municipal 
League's ``Distinguished Service Award,'' Michigan League of 
Conservation Voters ``Environmental Leadership Award,'' Michigan 
Education Association ``Friend of Public Education Award,'' Legislator 
of the Year Award from the Michigan Psychological Association, the 
Michigan Court Officers, Deputy Sheriffs and Process Servers 
Association Legislator of the Year Award, Michigan Association of 
Health Plans Legislator of the Year and the ``Free Market Champion 
Award'' from the Telecommunications Association of Michigan. Senator 
Patterson was chosen as the first ever recipient for both the Michigan 
Chapter of the American Institute of Architects Legislator of the Year 
Award and the Michigan Council of Nurse Practitioners Advocate of the 
Year Award as well as Best Local Politician by the Plymouth Observer 
Newspaper.
  Madam Speaker, during his distinguished career, Senator Patterson has 
bettered the lives of countless Michiganders. As he embarks upon the 
next chapter of his life with his beloved wife Phyllis and his children 
Denise, Lauren and Justin, I ask my colleagues to join me in applauding 
his legendary leadership, and in thanking him for his unfaltering 
service to our community and our country.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Tuesday, November 30, 2010 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                               DECEMBER 1
     9:30 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine problems in mortgage 
           servicing from modification to foreclosure, part 2.
                                                            SD-538
     9:45 a.m.
       Health, Education, Labor, and Pensions
         Business meeting to consider S. 3817, to amend the Child 
           Abuse Prevention and Treatment Act, the Family Violence 
           Prevention and Services Act, the Child Abuse Prevention 
           and Treatment and Adoption Reform Act of 1978, and the 
           Abandoned Infants Assistance Act of 1988 to reauthorize 
           the Acts, S. 3199, to amend the Public Health Service 
           Act regarding early detection, diagnosis, and treatment 
           of hearing loss, S. 3036, to establish the Office of 
           the National Alzheimer's Project, S. 1275, to establish 
           a National Foundation on Physical Fitness and Sports to 
           carry out activities to support and supplement the 
           mission of the President's Council on Physical Fitness 
           and Sports, H.R. 2941, to reauthorize and enhance 
           Johanna's Law to increase public awareness and 
           knowledge with respect to gynecologic cancers, an 
           original bill entitled, ``The Museum and Library 
           Services Act of 2010'', and the nominations of Anthony 
           Bryk, of California, Robert Anacletus Underwood, of 
           Guam, and Kris D. Gutierrez, of Colorado, all to be a 
           Member of the Board of Directors of the National Board 
           for Education Sciences, Sean P. Buckley, of New York, 
           to be Commissioner of Education Statistics, Department 
           of Education, Susan H. Hildreth, of Washington, to be 
           Director of the Institute of Museum and Library 
           Services, Cora B. Marrett, of Wisconsin, to be Deputy 
           Director of the National Science Foundation, and 
           Allison Blakely, of Massachusetts, to be a Member of 
           the National Council on the Humanities, and 
           subcommittee assignments; to be immediately followed by 
           a hearing to examine the Pension Benefit Guaranty 
           Corporation, focusing on management and oversight.
                                                            SD-430
     10 a.m.
       Judiciary
         Business meeting to consider S. 3675, to amend chapter 11 
           of title 11, United States Code, to address 
           reorganization of small businesses, S. 2888, to amend 
           section 205 of title 18, United States Code, to exempt 
           qualifying law school students participating in legal 
           clinics from the application of the general conflict of 
           interest rules under such section, S. 3728, to amend 
           title 17, United States Code, to extend protection to 
           fashion design, S. 1598, to amend the National Child 
           Protection Act of 1993 to establish a permanent 
           background check system, and the nominations of Robert 
           Neil Chatigny, and Susan L. Carney, both of 
           Connecticut, both to be United States Circuit Judge for 
           the Second Circuit, Amy Totenberg, to be United States 
           District Judge for the Northern District of Georgia, 
           James Emanuel Boasberg, and Amy Berman Jackson, both to 
           be United States District Judge for the District of 
           Columbia, James E. Shadid, and Sue E. Myerscough, both 
           to be United States District Judge for the Central 
           District of Illinois, James E. Graves, Jr., of 
           Mississippi, to be United States Circuit Judge for the 
           Fifth Circuit, Paul Kinloch Holmes, III, to be United 
           States District Judge for the Western District of 
           Arkansas, Anthony J. Battaglia, to be United States 
           District Judge for the Southern District of California, 
           Edward J. Davila, to be United States District Judge 
           for the Northern District of California, Diana Saldana, 
           to be United States District Judge for the Southern 
           District of Texas, Max Oliver Cogburn, Jr., to be 
           United States District Judge for the Western District 
           of North Carolina, Marco A. Hernandez, and Michael H. 
           Simon, both to be United States District Judge for the 
           District of Oregon, and Steve C. Jones, to be United 
           States District Judge for the Northern District of 
           Georgia, and Michele Marie Leonhart, of California, to 
           be Administrator of Drug Enforcement, and Stacia A. 
           Hylton, of Virginia, to be Director of the United 
           States Marshals Service, both of the Department of 
           Justice, and Patti B. Saris, of Massachusetts, and

[[Page 18238]]

           Dabney Langhorne Friedrich, of Maryland, both to be a 
           Member of the United States Sentencing Commission.
                                                            SD-226
     10:30 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine transition and 
           implementation, focusing on the NASA Authorization Act 
           of 2010.
                                                            SR-253
     2:30 p.m.
       Commerce, Science, and Transportation
         To hold hearings to examine mini med policies.
                                                            SR-253
       Foreign Relations
         To hold hearings to examine Latin America in 2010, 
           focusing on opportunities, challenges, and the future 
           of the United States policy in the hemisphere.
                                                            SD-419

                               DECEMBER 2
     9 a.m.
       Armed Services
         To hold hearings to examine the report on the Department 
           of Defense Working Group that conducted a comprehensive 
           review of the issues associated with a repeal of 
           section 654 of title 10, United States Code, ``Policy 
           Concerning Homosexuality in the Armed Forces''.
                                                            SD-G50
     10 a.m.
       Commerce, Science, and Transportation
       Consumer Protection, Product Safety, and Insurance 
           Subcommittee
         To hold an oversight hearing to examine the Consumer 
           Product Safety Commission, focusing on product safety 
           in the holiday season.
                                                            SR-253
       Homeland Security and Governmental Affairs
       Federal Financial Management, Government Information, 
           Federal Services, and International Security 
           Subcommittee
         To hold hearings to examine finding solutions to the 
           challenges facing the United States Postal Service.
                                                            SD-342
       Finance
         To hold hearings to examine tax reform, focusing on 
           historical trends in income and revenue.
                                                            SD-215
     2 p.m.
       Foreign Relations
         Business meeting to consider S. 2982, to combat 
           international violence against women and girls, S. 
           3688, to establish an international professional 
           exchange program, S. 1633, to require the Secretary of 
           Homeland Security, in consultation with the Secretary 
           of State, to establish a program to issue Asia-Pacific 
           Economic Cooperation Business Travel Cards, S. 3798, to 
           authorize appropriations of United States assistance to 
           help eliminate conditions in foreign prisons and other 
           detention facilities that do not meet minimum human 
           standards of health, sanitation, and safety, S. Con. 
           Res. 71, recognizing the United States national 
           interest in helping to prevent and mitigate acts of 
           genocide and other mass atrocities against civilians, 
           and supporting and encouraging efforts to develop a 
           whole of government approach to prevent and mitigate 
           such acts, treaty between the Government of the United 
           States of America and the Government of the Republic of 
           Rwanda Concerning the Encouragement and Reciprocal 
           Protection of Investment, signed at Kigali on February 
           19, 2008 (Treaty Doc. 110-23), international Treaty on 
           Plant Genetic Resources for Food and Agriculture, 
           adopted by the Food and Agriculture Organization of the 
           United Nations on November 3, 2001, and signed by the 
           United States on November 1, 2002 (the ``Treaty'') 
           (Treaty Doc. 110-19), and the nominations of Thomas R. 
           Nides, of the District of Columbia, to be Deputy 
           Secretary for Management and Resources, William R. 
           Brownfield, of Texas, to be Assistant Secretary for 
           International Narcotics and Law Enforcement Affairs, 
           and Suzan D. Johnson Cook, of New York, to be 
           Ambassador at Large for International Religious 
           Freedom, all of the Department of State, Paige Eve 
           Alexander, of Georgia, to be an Assistant Administrator 
           of the United States Agency for International 
           Development, and Alan J. Patricof, of New York, and 
           Mark Green, of Wisconsin, both to be a Member of the 
           Board of Directors of the Millennium Challenge 
           Corporation.
                                                    S-116, Capitol
     2:15 p.m.
       Commerce, Science, and Transportation
       Aviation Operations, Safety, and Security Subcommittee
         To hold hearings to examine international aviation 
           screening standards.
                                                            SR-253
     2:30 p.m.
       Intelligence
         To hold closed hearings to examine certain intelligence 
           matters.
                                                            SH-219

                               DECEMBER 3
     9 a.m.
       Armed Services
         To continue hearings to examine the report on the 
           Department of Defense Working Group that conducted a 
           comprehensive review of the issues associated with a 
           repeal of section 654 of title 10, United States Code, 
           ``Policy Concerning Homosexuality in the Armed 
           Forces''.
                                                            SD-G50
     9:30 a.m.
       Joint Economic Committee
         To hold hearings to examine the employment situation for 
           November 2010.
                                                            SH-216

                               DECEMBER 7
     2:30 p.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine catastrophic preparedness, 
           focusing on FEMA.
                                                            SD-342

                               DECEMBER 8
     10 a.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine border security, focusing on 
           the challenge of protecting Federal lands.
                                                            SD-342