[Congressional Record Volume 155, Number 188 (Sunday, December 13, 2009)]
[Senate]
[Pages S13126-S13131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENTS OF TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND 
      RELATED AGENCIES APPROPRIATIONS ACT, 2010--CONFERENCE REPORT

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the conference report to accompany 
H.R. 3288, which the clerk will report.
  The assistant legislative clerk read as follows:

       Conference report to accompany H.R. 3288, making 
     appropriations for the Departments of Transportation and 
     Housing and Urban Development, and related agencies for the 
     fiscal year ending September 30, 2010, and for other 
     purposes.

  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 2 p.m. will be equally divided and controlled between the leaders 
or their designees.
  The Senator from Iowa.
  Mr. HARKIN. Parliamentary inquiry: How much time would I be 
recognized for now?
  The ACTING PRESIDENT pro tempore. The Senator from Iowa will be 
recognized for 13 minutes.
  Mr. HARKIN. Mr. President, today and every day an estimated 14,000 
Americans will lose their health insurance coverage. The historic 
legislation before us takes unprecedented steps to expand this coverage 
to the great majority of Americans, while cracking down on the abusive 
practices of the health insurance industry. However, expanding coverage 
alone is not going to solve our problem. The additional 31 million 
Americans who will gain coverage thanks to this bill are going to need 
health care providers, mainly primary health care providers--the 
doctors, the nurses, the many other health professionals whose skills 
and hard work provide patients with the high-quality health care they 
need. We are going to need public health professionals who can provide 
assistance during times of emergency such as the current H1N1 pandemic. 
They will need places to go when they become sick, including doctors' 
offices, community health centers, and nurse-managed health clinics.
  Today, many communities are facing shortages of primary care 
practitioners and other health care providers. This map gives an 
indication of the lack of primary health care providers in America. The 
darker area is where we have the lowest number of primary health care 
practitioners. We can see it is mostly rural America. That is not 
entirely true, but it is mostly in rural America in which we lack that 
kind of care.
  Currently, 65 million Americans live in areas suffering from a 
shortage of these health care professionals. The Department of Health 
and Human Services estimates it would take more than 16,000 additional 
practitioners to meet our need. Many of my constituents--and I am sure 
those of the occupant of the chair--don't have the primary care 
practitioners they need.
  I must say, I was up this morning; I was working out; I was watching 
CNN news. Along came a little blurb: Shortage of primary care health 
care people in America. That is going to put a crunch on us in terms of 
meeting our health care needs. People are now beginning to pick up on 
this all over the country.
  What are we doing about it? First, we have to recognize some of the 
root causes. One of the root causes is debt. It is the amount of money 
health care students pay to go to school. Here is the debt of graduates 
of medical school: 44 percent have over $175,000 of debt; the vast 
majority have over $125,000; and some, almost half, have $175,000 of 
debt. What happens is that with this huge debt, they can't afford to 
work in rural areas or areas where they don't get recompensed.
  Qualified applicants are not admitted because of a shortage of 
faculty members. In 2008, an estimated 50,000 applicants were turned 
away from baccalaureate and graduate schools of nursing. This is 
unacceptable. Again, not only do we have to have more primary care 
practitioners, we need the faculty.
  It is a growing problem. The Bureau of Labor Statistics estimates 
that by 2016, we will have a shortage of over 1 million direct care 
workers, including home health aides, nursing aides, and others who 
care for our aging population. That is why expanding access to primary 
and preventative care has been a key focus throughout our health reform 
efforts.
  With Senator Murray's leadership of the workforce group, the HELP 
Committee has focused on expanding resources to increase the supply of 
qualified health care providers. In the Finance Committee, Senator 
Baucus also made expanding access to primary care a priority, as well 
as expanding residency and training initiatives for primary care 
practitioners. Under Majority Leader Reid's guidance, the Patient 
Protection and Affordable Care Act, the health reform bill before us, 
combined both HELP Committee and Finance Committee provisions to expand 
the health care workforce, especially the primary care workforce.
  Let's see what this does.
  First, the bill will train an additional 24,000 primary care 
physicians via the National Health Services Corps. It provides loan 
repayment, scholarships, and higher reimbursement for primary care 
providers in underserved areas. It also increases the supply of public 
health workers at the Federal, State, and local level, and tribal 
health agencies. We provide new resources for more community health 
centers and nurse-managed health centers. We expand primary care 
residency and training initiatives and hospitals and community health 
centers.
  Our bill will improve health care providers' ability to serve our 
increasingly diverse population by providing training in cultural 
competency, in working with individuals with disabilities, in providing 
care within the medical home model. Because innovative health care 
delivery models such as the medical home emphasize team-based care, we 
invest in a range of health care professionals, from physicians, to 
nurses, to dentists, to home health aides, to allied health 
professionals.
  In addition, to increase the capacity of health professionals schools 
and faculty to train new providers, we offer loan repayment programs to 
doctors, nurses, and dentists who agree to serve as faculty members at 
medical, nursing, and dental schools.
  Finally, our bill creates an independent national health care 
workforce commission to examine and provide recommendations to Congress 
on how Federal workforce programs can be improved and how Federal 
dollars can be most effectively spent.
  It is critical that we act on this historic legislation for many 
reasons. Most of the debate has been about expanding coverage, cracking 
down on health insurance abuses, and expanding preventative care to 
keep people healthy in the first place.
  But there is also one other aspect of this bill that has not been 
talked about; that is, what we are doing to increase the number of 
people whom we are going to have to have for primary care, for our 
community health centers, for faculty members in the future. This is 
something we have ignored for

[[Page S13127]]

far too long at our own peril. We can't forget that while we are 
expanding coverage--and we are going to cover 94 percent of the 
American people with this health care bill--while we will make it more 
affordable, while we are going to protect Medicare, while we are going 
to do all the things to really make our health system more affordable, 
more quality-conscious, cover more people, make sure people can get in 
to their primary care first rather than go to an emergency room, we 
can't forget that we need the faculty. We need teachers, and we need to 
help in debt repayment, loan repayments, by giving more scholarships to 
these young people, the nurses, the nurses aides, the physical 
therapists, the people who work with people with disabilities, doctors, 
dentists--the whole panoply of people involved in primary care. We have 
to help them get through school so they don't have a mountain of debt 
on their heads, so they can practice medicine where they want, not 
where they are forced to go in order to pay back their debts.
  Again, I thank Senator Murray on the HELP Committee, who did so much 
to put all of this into our bill. This is a major provision of the 
health care legislation we are not hearing debated about here on the 
floor very much, but it is one of the most critical parts of the bill.
  I thank Senator Baucus and all the work they did on the Finance 
Committee to put in the tax provisions and others to help us, first, 
invest in and grow the primary care workforce and also to make it 
possible for people to become faculty members and teachers by helping 
them pay back their loans and their debts.
  I wanted to take this time to highlight this part of the bill. It is 
not talked about much, but I believe it is one of the most important 
parts of the health reform bill before us.
  I yield the floor and retain the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona.
  Mr. McCAIN. How much time remains on both sides?
  The ACTING PRESIDENT pro tempore. The minority has 13 minutes, and 
the majority has 4 minutes.
  Mr. McCAIN. I yield 3 minutes to the Senator from Florida.
  The ACTING PRESIDENT pro tempore. The Senator from Florida is 
recognized.
  Mr. LeMIEUX. Mr. President, I am here to speak about this omnibus 
spending bill we will vote on today. It is more proof that Washington 
is out of control in its spending and that the leadership on the other 
side of the aisle is wanting to spend our children's money.
  This is a $445 billion bill. I know my colleague from Arizona will 
talk about the 5,000 earmarks in this bill costing $3.9 billion. It is 
a 12-percent spending increase over last year, $46.7 billion more than 
the bloated budget we passed in 2009, a 33-percent increase in State-
Foreign Operations, a 24-percent increase in Transportation and HUD. 
These are unsustainable. We have a $12 trillion debt, a debt our 
children and our grandchildren will have to pay.
  Here we are again with a 12-percent increase, and in a bill that is 
full of earmarks--earmarks such as $700,000 for a shrimp fishing 
project in Maryland, $30,000 for the Woodstock Film Festival youth 
initiative. I am sure these are great programs, but when we have 
$12.001 trillion in debt, we can't afford these programs.
  Mr. President, 2009 has been a record-setting year for debt. We had a 
$1.4 trillion budget deficit. Now in 2010, even though we are new in 
the year, we are already running a $296 billion budget deficit. In 
October and November, we took in $268 billion in tax revenues. That is 
a hard number to find around here because most people don't look at the 
money we take in. They can just spend whatever they want to. We took in 
$268 billion, but we spent $565 billion.
  This is not how families make their decisions around their kitchen 
tables, where they have to make ends meet. This is not even how the 
States do it, where they have balanced budget amendments. The spending 
in Washington is out of control, and the Members of this body should 
not vote for this omnibus spending bill.
  Mr. President, I yield back the remainder of my time to my colleague 
from Arizona.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.
  Mr. McCAIN. Mr. President, I understand there will be debate until 2 
o'clock, and then a vote on the consolidated--consolidated--
appropriations conference report. What does ``consolidated 
appropriations conference report'' mean? It means there are six bills, 
three which were never considered on the floor of the Senate. That is 
what the Senate means by ``consolidated,'' my friends. So for three of 
the bills, we were never allowed to debate, to amend, or accept, or 
reject.
  They are now spending $450 billion, loaded up with 4,752 earmarks, 
totaling $3.7 billion, 1,350 pages long, and of that 409 pages are 
dedicated to listing congressional porkbarrel spending.
  I know most Americans are watching NFL football today and they 
probably do not pay much attention to what we do on a Sunday afternoon 
here on the floor of the Senate. But if they knew--if they knew what we 
are about to pass: a bill that has increased spending by 14 percent 
over last year's level, with the exception, of course, for our veterans 
care, which is only increased by 5 percent.
  Here we are with a $1.4 trillion--now a $1.5 trillion debt this year, 
an aggregate of over $12 trillion, unemployment at 10 percent, and 
900,000 families who lost their homes in 2008, and the numbers for 2009 
will be greater.
  So what do we do here? We spend and spend and earmark and earmark. 
The Consumer Price Index went down 1.3 percent, so we are going to 
increase spending by 5 percent.
  What could the American people do with the $3.7 billion in earmarks 
that are in this bill? Let me tell you a few of them, and you will not 
believe it, and I am not making it up: $2.7 million to support surgical 
operations in outer space at the University of Nebraska.
  I know Trekkies all over America will approve of that. I know Dr. 
Leonard McCoy--``Bones''--and even Dr. Spock and Captain Kirk will call 
them all to the bridge and be happy to know that $2.7 million is going 
to go to Dr. Leonard McCoy and his friends to support surgical 
operations in outer space, while thousands of Americans are losing 
their homes.
  Another one I have been unable to describe adequately without 
violating the rules of the Senate: $655,000 for Cedars-Sinai Medical 
Center, Los Angeles, CA, for equipment and supplies for the Institute 
for Irritable Bowel Syndrome Research. The only thing I can say is, 
that problem will not be reduced when people read this legislation, so 
there may be a need for it.
  So here we are. The list goes on and on. It is crazy stuff: $200,000 
for a visitors center in Bastrop, TX, population 5,340; $292,200 for 
elimination of slum and blight in Scranton, PA--the cast of ``The 
Office'' is rejoicing--$200,000 for ``design and construction of the 
Garapan Public Market'' in the Northern Mariana Islands. The Woodstock 
Film Festival Youth Initiative is going to get $30,000.
  It is beyond imagination when you put it into the context that 
Americans are suffering more than they have at anytime in their lives. 
Thanks to the greed and avarice of Wall Street, Main Street is under 
tremendous duress. This is shameful.
  I want to remind my colleagues, last March--not that long ago--the 
President of the United States signed another pork-laden omnibus bill. 
The President of the United States said:

       I am signing an imperfect omnibus bill because it is 
     necessary for the ongoing functions of government. But I also 
     view this as a departure point for more far-reaching change.

  He also said:

       The future demands that we operate in a different way than 
     we have in the past. So let there be no doubt: this piece of 
     legislation--

  The one he was signing last March loaded with pork--

     this piece of legislation must mark an end to the old way of 
     doing business, and the beginning of a new era of 
     responsibility and accountability that the American people 
     have every right to expect and to demand.

  If the President of the United States is going to carry out those 
words, he will veto this bill. He will veto this bill and send it back 
and tell them to get rid of this pork, tell them to get rid of it.

[[Page S13128]]

  So what is going to happen? In a few minutes--we all know what is 
going to happen in a few minutes--by a very large vote, the Senate of 
the United States is going to vote in favor of this bill. There will 
be, on this side of the aisle--the party of fiscal conservatives that 
lost the last two elections--one major reason being because we let 
spending get out of control--there will be Members on this side of the 
aisle who will vote for this porkbarrel bill. On the other side of the 
aisle, a majority over there--an overwhelming majority; all but maybe 
one or two--will also vote for the bill. Then they will go home--if we 
ever get out of here--they will go home, and they will say: I am a 
fiscal conservative, and I am all for a commission to cut spending. 
Let's appoint a commission. Let's not take any responsibilities 
ourselves. Let's appoint a commission, and that commission will 
recommend how we can reduce spending.
  If you want to reduce spending and eliminate unnecessary and wasteful 
spending, vote against this bill that increases spending over last year 
by some 14 percent. If you want to vote for it, fine, but isn't it a 
little hard, with a straight face, to go back and tell your 
constituents you are for the elimination of this wasteful and 
porkbarrel and corrupting spending? It corrupts, my friends. It is a 
gateway drug to corruption. We have former Members of Congress in 
Federal prison because of this.
  First, since it is going to be passed, I urge the President of the 
United States--I do not urge--I demand the President of the United 
States to keep his word when he signed another porkbarrel-laden bill 
last March, to veto this bill. I urge my colleagues--I urge my 
colleagues--let's stand up against this for once: a bill that has $3.7 
billion in earmarks.
  Immediately, colleagues remind us: Well, this is a legitimate 
earmark. This is important; that is important. The problem with it is, 
nobody ever saw it before. It never competed. Maybe we need to support 
surgical operations in outer space. Do we need it at the University of 
Nebraska? No. It is earmarked for the University of Nebraska.
  By the way, I do not think, except for Trekkies, many Americans think 
we need to spend $2.7 million to support surgical operations in outer 
space.
  All I can say is: Do not be surprised when the American people, less 
than a year from now, next November, rise up and reject this kind of 
behavior and practice of irresponsible spending, while they are hurting 
more than they have ever been in their lives. They deserve better than 
what we are getting out of this legislative process, and they have 
every right to demand something different.
  Let's show some courage and vote against this bill, send it back to 
the President, get rid of the porkbarrel spending, and send it back, 
and let us vote for it. We could do it immediately. I urge my 
colleagues, look at this bill and vote against it.
  Mr. President, I reserve the remainder of my time.
  Ms. MIKULSKI. Mr. President, my top priority is jobs--to help those 
who have one, keep it and to help those who don't have one, find one. 
That is why I have always supported the automobile dealers in Maryland 
and across the country, which each employ on average about 50 people 
and are also economic pillars in large and small communities throughout 
the United States. Dealers don't just provide jobs for people who sell 
cars they also provide them to people who service the cars and for 
managers and office workers who make dealerships run smoothly.
  I have fought for the auto dealers in several ways over the past 
year, first on the Recovery Act, where we passed tax incentives to help 
consumers purchase new cars, and then again this summer when I worked 
with my colleagues to pass cash for clunkers, which saved jobs in the 
auto industry, promoted energy efficiency, and helped the middle-class 
afford a car, which is most families' second largest purchase behind 
their home.
  Dealers are not only critical to their local economies; they also 
make the auto industry work by distributing, selling, and servicing the 
cars at practically no cost to the manufacturers. That is why I 
cosponsored S. 1304--to give car dealers a chance to contribute to our 
economic recovery and to provide jobs as the domestic auto industry 
restructures and retools.
  Today, I am proud to support a provision in section 747 of the 
Financial Services appropriations conference report that shows dealers 
that Congress is on their side and on the side of creating and 
protecting jobs as our economy struggles toward recovery.
  This provision will give automobile dealers around the Nation a fair 
shot at getting back into business by setting up a neutral and fair 
arbitration process. First, it requires that manufacturers make all 
pertinent information available to dealers. I expect all parties to 
fully comply with this requirement and for all relevant information to 
be made available in a transparent and easily understandable form to 
dealers and to the arbitrators.
  Also, I support section 747 because it requires arbitrators to 
consider all the relevant factors that affect whether a dealer is and 
can be successful, and that demonstrate how dealers contribute to the 
viability of the manufacturing companies whose cars they sell. I also 
expect and encourage arbitrators to consider the rights that dealers 
are guaranteed under all applicable Federal and State laws when making 
their decisions.
  Our economy is struggling to recover because there aren't enough 
jobs. Auto dealers are a major employer across the country, and they 
also are essential to reviving a healthy American auto industry. As the 
American auto industry looks to the future, we can't forget the 
essential role that dealers play, providing both thousands of jobs and 
also the affordable cars and auto related services that American 
families need.
  Mr. KAUFMAN. Mr. President, I rise today to voice my support for 
several of the initiatives in the State and Foreign Operations bill for 
fiscal year 2010, contained within the 2010 consolidated appropriations 
bill. Specifically, I want to highlight five specific areas that I view 
as critical to our national security: first, staffing resources for the 
Foreign Services of the Department of State and the U.S. Agency for 
International Development, or USAID; second, the Civilian Stabilization 
Initiative and Complex Crises Fund; third, economic and security 
assistance to Afghanistan, Pakistan, and Iraq; fourth, public diplomacy 
and international broadcasting; and fifth, reducing carbon emission and 
contributing to a global agreement on climate change. Our deepened 
investment and commitment to these issues are critical to maintaining 
America's leadership and defending U.S. security interests globally.
  As we face the reality of engaging in two wars in Afghanistan and 
Iraq, it is essential that we recognize the civilian role in 
counterinsurgency. A strong civilian presence is essential to building 
governance, promoting economic development, and providing essential 
services to increase popular support for local governments facing 
insurgencies. As Secretary Clinton has highlighted, U.S. national 
security is about the three Ds--development, diplomacy, defense. If we 
invest more in development, we may prevent future conflicts through the 
critical work of civilians and avoid future burdens on our military.
  Today, our Foreign Service officers at the Departments of State and 
USAID are on the frontlines in Afghanistan, Pakistan, and Iraq and 
around the world in places like Lebanon, Indonesia, and Haiti. At the 
same time, our military often ends up responding to crises because 
civilian agencies do not have the staff or the funding to do so as 
quickly, robustly, or efficiently. This is a trend we must seek to 
reverse, ensuring that all U.S. personnel--military and civilian--have 
the tools they need to succeed in increasingly difficult missions 
globally.
  Today, there are more musicians in our military bands than diplomats 
in the State Department, which total less than 7,000. A report last 
year by the American Academy of Diplomacy documented the need for 
nearly 3,000 additional State Department and more than 1,000 additional 
USAID foreign service officers by fiscal year 2014. And this assessment 
was done before our increasing civilian needs in Afghanistan became 
clear.
  I am encouraged that this bill begins to address this critical issue 
by providing for 745 new State Department

[[Page S13129]]

officers and 300 new officers at USAID. And as the requirements 
continue to grow, we must continue to build the size of the Foreign 
Service to meet increased needs globally. Finally, as more civilians 
serve in dangerous areas and warzones, they deserve our full support 
and gratitude for their service and sacrifice, especially the time 
these posts require away from their families.
  The second area of the bill I would like to highlight is the Civilian 
Stabilization Initiative, which is led by the Office of the Coordinator 
for Reconstruction and Stabilization, or S/CRS, at the Department of 
State, in close cooperation with USAID and with the contribution of 
several other Federal agencies. S/CRS's mission is to enhance our 
institutional capacity to respond to crises involving failing, failed, 
and postconflict states and complex emergencies. S/CRS it tasked with 
leading and coordinating U.S. civilian efforts across the interagency 
to help stabilize and reconstruct societies in transition from conflict 
so they can reach a sustainable path toward peace, democracy, and a 
market economy.
  I also welcome the funding component of this mission with the 
creation of a $50 million Complex Crises Fund for USAID to prevent and 
respond quickly to emerging or unforeseen complex crises, in 
coordination with the Departments of State and Defense. It is my hope 
that we can continue to increase this funding through civilian 
accounts, especially as we phase out section 1207 funding in defense 
appropriations. The more robust our civilian agencies, the less burden 
we will impose on our already overstretched military.
  The third program I would like to address is our foreign assistance 
budget in Afghanistan, Pakistan, and Iraq. This funding will help 
address some of our most critical foreign policy challenges and global 
security priorities. More girls will be in school, more families will 
have access to health care and other essential services, and more 
communities will thrive thanks to the more than $2.6 billion for 
Afghanistan, more than $1.4 billion in Pakistan, and $467 million in 
Iraq. These are critical investments in the economic infrastructure and 
development of these countries and in the long-term security of the 
United States.
  The fourth program I want to highlight is public diplomacy, 
specifically, U.S. international broadcasting and the work of the 
Broadcasting Board of Governors, BBG, which provides credible news 
programs and serves as an example of a free press worldwide. The bill 
we will soon vote on contains just under $734 million allocated for 
international broadcasting operations. The more we can do to fund 
programs like the BBG, the better we will be able to compete with the 
forces of disinformation.
  U.S. international broadcasting began during the early years of World 
War II, when Voice of America broadcast into areas formerly under Nazi 
occupation. The programs began by saying ``daily at this time, we shall 
speak to you about America and the war. The news may be good or bad. We 
shall tell you the truth.''
  This tradition of journalistic integrity has continued to this day, 
as the BBG's entities--consisting of Voice of America, Radio Free 
Europe/Radio Liberty, Radio Free Asia, Radio and TV Marti, and the 
Middle East Broadcasting Network--broadcast in 60 languages to an 
estimated weekly audience of 175 million people globally.
  In the Foreign Relations Committee this October, Senator Boxer was 
gracious in allowing me to chair a hearing in her subcommittee to 
examine the BBG's work in Afghanistan and Iraq. In both countries, the 
BBG has created sources of credible news and information readily 
accessible to the local population, in some cases for the first time in 
their history. In this sense, the role of broadcasting in war zones is 
particularly critical because it creates channels of communication with 
and among the population, which plays a role in winning hearts and 
minds. This is why it is critical to continue to fund objective, 
reliable broadcasting.
  While U.S. international broadcasting is essential to make sure facts 
are available worldwide via television and radio, the Internet and 
mobile networks are the medium of the future. And in repressive 
societies where there is no access to a free press, populations use the 
Internet and cell phones to evade government censorship. This year, we 
saw such examples dramatically played out--when the Uighurs of western 
China began protesting a brutal government crackdown and when 
demonstrators in Iran protested after the June presidential election.
  In both cases, blogs, short-message services, and social networking 
sites were heavily utilized, and popular movements sought to evade 
state censorship with proxy sites and other technology. That is why, in 
the case of Iran, I introduced the Victims of Iranian Censorship, or 
VOICE Act with Senators McCain, Lieberman, Casey, and Graham. This 
bill, which was signed into law with the Defense authorization bill in 
October, authorized funds to continue the development online censorship 
evasion technology. I am pleased that $30 million in this omnibus has 
been appropriated for the Internet Access and Freedom Account, so that 
such programs can be expanded, with a particular focus on Iran and 
China.
  Finally, one of the most pressing issues we are facing is climate 
change. As we speak, representatives from more than 190 countries have 
gathered in Copenhagen to find common ground on averting the worst 
consequences of our changing climate and adapting to the changes we 
have already inflicted on the globe.
  This will be the subject of much discussion on this floor in the 
coming months. Today, I want to acknowledge that this bill takes bold 
and tremendously important steps toward creating a better and safer 
climate. More than $1.2 billion are intended to help us face the 
threats of climate change, from contributions to multilateral funds 
that will bend the curve toward clean development around the world to 
assistance to the people most vulnerable to rising sea levels and 
changing rainfall patterns.
  Mr. President, there are many provisions in this bill to be 
applauded, but I believe these five areas demonstrate significant 
investments in our national security. I look forward to casting my vote 
in favor of this bill, which I believe supports a stronger and better 
resourced American foreign policy.
  Mr. McCONNELL. Mr. President, today I will cast my vote against H.R. 
3288, the six-bill appropriations omnibus. This bloated package 
includes the following spending bills: Military Construction/Veterans 
Affairs, VA; State, Foreign Operations; Commerce, Justice and Science; 
Financial Services; Transportation, Housing and Urban Development; and 
Labor, Health and Human Services and Education.
  I will vote against this $\1/2\ trillion package because it spends 
$50 billion more in taxpayer money than last year--a 12 percent 
increase. When unemployment stands at 10 percent--and higher than that 
across Kentucky--and families are struggling to make ends meet, the 
Federal Government should not be burdening its citizens with more debt. 
Congress must be a better steward of public funds. Moreover, the bill 
includes a number of policy riders, such as spending taxpayer dollars 
on abortions, that undercut the culture of life that our government 
should be promoting.
  My opposition to the omnibus as a whole comes despite the fact there 
are several portions of this sprawling package that I would like to 
vote for. For example, I support much of the Military Construction/VA 
bill. I voted for it as a freestanding measure when the Senate passed 
its version a few weeks ago. And the measure carries a number of 
provisions that are important to Kentuckians, such as enhanced funding 
of chemical demilitarization efforts at the Blue Grass Army Depot, 
added monies for the soldiers and their families at Fort Campbell, and 
a provision honoring Kentucky veteran Robley Rex. The Military 
Construction/VA bill also includes a number of important national 
priorities that I support such as modernizing troop housing, expanding 
mortgage relief for the men and women in uniform, enhancing rural 
health care for our veterans, improving family housing for our 
soldiers, bolstering mental health care for returning combat veterans, 
aiding homeless veterans, and strengthening the ability of the VA to 
process claims more quickly. Were the Military Construction/VA measure 
a freestanding bill, I would vote for it.

[[Page S13130]]

  Aside from the Military Construction/VA portion of the omnibus, I 
also regret I cannot register my support for certain parts of the 
State, Foreign Operations appropriations bill. I favor a number of 
provisions in the latter bill including funding for Israel, support for 
our allies in the war on terror and monies for Burmese refugees.
  Finally, there are segments of the other four bills in this package 
that reflect Kentucky priorities that were included at my request and 
that I am supportive of.
  In closing, it is unfortunate that the majority continues to avoid 
regular order. I am hopeful that the majority's effort in this regard 
does not presage further legislative shortcuts on matters of national 
importance.
  The ACTING PRESIDENT pro tempore. Who yields time?
  Time will be charged equally.
  Mr. BENNET. Mr. President, I ask unanimous consent that the time 
during the quorum call be divided equally and I suggest the absence of 
a quorum.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. LEVIN. Mr. President, if the Senator will withhold that.
  Mr. BENNET. I will.


                          Arbitration Process

  Ms. STABENOW. Mr. President, I would like to discuss with the 
chairman of the Financial Services and General Government 
Appropriations Subcommittee, Senator Durbin, as manager of the 
Financial Services Subcommittee section of the bill before the Senate, 
language included in the bill that creates a binding arbitration 
process for auto dealers associated with General Motors and Chrysler 
whose contracts were terminated as part of the manufacturers' 
restructuring efforts this year.
  The difficult decisions made during the last year have highlighted 
the interconnectedness of the industry and have shown the impact that 
these companies have in every State in the country. I particularly 
understand how difficult this situation has been for Michigan auto 
dealers. My father and grandfather ran the Oldsmobile dealership in 
Clare, MI, where I grew up. My very first job was washing cars on that 
lot.
  Thousands of employees, either directly employed by the companies or 
through the thousands of dealerships and suppliers, depend on the 
viability of the auto manufacturers. Without the manufacturers, there 
is no dealer network, and small businesses across the country would 
close, adding more devastating job losses as our economy is trying to 
recover. What we do here must continue to ensure a healthy future for 
the auto companies as they work towards a profitable future. When 
negotiating an agreement for arbitration was it the Chairman's intent 
that the dealers entitled to this arbitration process would only be the 
dealers that were terminated as a result of the bankruptcy?
  Mr. DURBIN. Yes, it is my understanding that the only dealerships 
entitled to arbitration are those dealerships that were terminated as a 
result of the manufacturers' bankruptcy, rather than those that may 
have closed for other business reasons.
  Ms. STABENOW. The statutory language for the arbitration process 
provides criteria that will be used to review each case. Is it the 
Chairman's goal that by considering the economic interest of the public 
at large the arbitrator should focus on maximizing the return of 
taxpayer dollars that have been invested in the company?
  Mr. DURBIN. Yes, the economic interest of the public at large must be 
considered to ensure that the investments will be recovered as quickly 
as possible.
  Ms. STABENOW. Additionally, when reviewing the cases, does the 
statutory language ensure arbitrators take into consideration the 
stability and protection of the existing dealer network?
  Mr. DURBIN. Yes, the statutory language will allow arbitrators to 
review the potential impact of reinstating a dealership on the existing 
dealer network for the covered manufacturer, as well as on any dealer 
retained by the covered manufacturer in a given market territory.
  Ms. STABENOW. I thank the Chairman for these clarifications and for 
his ongoing efforts to ensure a fair process for all stakeholders as 
the auto industry continues to restructure.
  Mr. LEVIN. Mr. President, I would like to discuss with the chairman 
of the Financial Services and General Government Appropriations 
Subcommittee, Senator Durbin, as manager of the Financial Services 
Subcommittee section of the bill before the Senate, two aspects of the 
provision included in that bill that establishes an arbitration process 
for review of decisions made by Chrysler and GM to terminate or wind 
down auto dealerships earlier this year. Under the process laid out in 
this provision, an arbitrator is to balance the economic interests of 
the covered dealership, the covered manufacturer, and the public at 
large by considering a number of factors. Those factors include the 
covered dealership's profitability, the covered manufacturer's overall 
business plan, the covered dealership's satisfaction of the performance 
objectives of the franchise agreement, and the covered dealership's 
performance in relation to the criteria used to terminate the 
dealership.
  Is it the chairman's understanding that in looking at these factors, 
and in particular in looking at the dealership's profitability and the 
manufacturer's overall business plan, that the arbitrator will consider 
the profitability of the dealership with respect to the new vehicles 
sales of the covered manufacturer?
  Mr. DURBIN. Yes, that is my understanding. In making decisions about 
the makeup of the dealership network, profitability in terms of new 
vehicles sales for that manufacturer is what is critically important to 
the long-term financial health of the manufacturer. That manufacturer's 
long-term health is also vitally important to the Federal Government 
because of the significant taxpayer investment in these companies.
  Mr. LEVIN. I thank the chairman for his assurances and his 
clarification.
  I would also like to raise a question about the arbitration process 
established in this bill. The statutory language could be interpreted 
to allow for potentially as many as hundreds or thousands of 
arbitrators each involved in individual reviews of dealership 
decisions. I am concerned that a very large number of arbitrators would 
be unduly burdensome and impractical to the point of being unworkable. 
The statutory language requires that arbitrations be conducted in the 
State where the covered dealerships are located. It is my hope that the 
arbitration process could be managed in a given State so that there 
would be one arbitrator or a small manageable panel of arbitrators 
within any given State. Does the chairman believe that the statutory 
language would allow for management of arbitration in this way?
  Mr. DURBIN. Yes, the statutory language would allow for that. The 
primary intent of this provision is to ensure that covered dealerships 
have a fair and impartial review of the termination decision. I agree 
with the Senator from Michigan that we should try to avoid a situation 
where there would be hundreds or even thousands of individual 
arbitrators.
  Mr. LEVIN. Mr. President, I want to highlight several provisions of 
the legislation now before us that I believe will provide important 
benefits to Michigan and the Nation, and one that I think does not 
serve the Nation's interests.
  The Consolidated Appropriations Act of 2010 contains provisions that 
will improve our health care system, ensure that contracting dollars do 
not flow to companies avoiding income taxes by incorporating overseas, 
improve Federal oversight of our financial system, and improve 
educational opportunity for our citizens.
  I am especially pleased to see an increase in funding for health 
information technology, HIT. This bill will provide $61 million to the 
Office of the National Coordinator for Health Information Technology. 
These funds will help increase administrative efficiency and move our 
current system away from paper-based organization. This will help 
ensure that doctors and patients have the necessary information easily 
accessible when working together to make important health care 
decisions and ensure that health records of individuals remain 
confidential. Improving the interoperability of our HIT systems will 
not only enhance the quality of care, experts believe that improved HIT 
will reduce health care costs for all Americans, streamlining

[[Page S13131]]

billing practices and reducing administrative costs that waste so many 
billions of dollars.
  I strongly support the bill's language continuing the prohibition on 
Federal contracts with ``inverted'' corporations. Corporate 
inversions--the practice of incorporating some or all of a U.S.-based 
company's businesses overseas--are transparent tax-avoidance schemes. 
There is no reason we should provide taxpayer dollars to firms that 
dodge their tax obligations, and I am pleased that we will continue to 
bar such companies from Federal contracting unless doing so would 
damage national security.
  The bill also includes an increase of $151 million in funding for the 
Securities and Exchange Commission. This increased funding will support 
enhanced enforcement, capital market oversight, and investor protection 
activities, including investigations of accounting fraud, market 
manipulation, insider trading, and investment scams that target seniors 
and low-income communities. This is a wise investment in protecting our 
citizens and our economy from those who seek to profit by fraud or from 
taking excessive risks that endanger the financial system.
  Also included are a number of important education provisions. The 
legislation would increase the maximum Pell grant award by $200, to 
$5,500; provide funding for disadvantaged, disabled and first-
generation college students; and restore $1.5 billion in title I 
funding for disadvantaged public school students. Of particular 
importance is $11.5 billion in funding for Individuals with 
Disabilities Education Act programs, which marks a historic Federal 
commitment to education of those with disabilities.
  There are also important measures that will help boost Michigan's 
economy and its future. I am pleased that this bill includes $1 million 
I requested for the Thunder Bay National Marine Sanctuary and 
Underwater Preserve in Alpena. Part of the National Oceanic and 
Atmospheric Administration's sanctuary system, the Thunder Bay 
Sanctuary protects well-preserved shipwrecks that are a valuable piece 
of Michigan's history and our Nation's. The funding provided in this 
bill will allow for expansion of the Great Lakes Maritime Heritage 
Center to include a Science Hall and other facilities that will allow 
more people to explore and learn about Michigan's maritime history.
  The bill also includes important language that will bring the 
Woodward Avenue Light Rail Project closer to reality, an important 
economic development project in the heart of metropolitan Detroit. The 
conferees retained language regarding the Woodward Avenue project 
similar to language I authored for the Senate bill.
  These all are important provisions worthy of support. But I am 
disappointed that the legislation includes a provision requiring 
General Motors and Chrysler to submit to binding, third-party 
arbitration in disputes with auto dealerships closed as part of those 
companies' restructuring efforts.
  There is widespread agreement among auto industry analysts that GM 
and Chrysler needed to consolidate their dealer structure in order to 
compete. The Federal Government has made a substantial--and wise--
investment in these companies, which are key components of our 
manufacturing sector. Submitting to arbitration of decisions already 
approved in bankruptcy court risks hampering the recoveries these 
companies and their workers are fighting so hard to achieve. My vote in 
favor of this act follows reassurances I received from the chairman of 
the Financial Services and General Government Appropriations 
Subcommittee, Senator Durbin, in response to my concerns about a number 
of provisions in the arbitration language.
  Mr. President, I suggest the absence of a quorum and ask unanimous 
consent that the time be divided equally.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Burris). Without objection, it is so 
ordered.
  All time has expired.
  The question is on agreeing to the conference report.
  Mr. HARKIN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Mr. 
Dorgan), the Senator from Oregon (Mr. Merkley), and the Senator from 
Washington (Mrs. Murray) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Bond), the Senator from Kentucky (Mr. Bunning), the 
Senator from Oklahoma (Mr. Coburn), the Senator from Oklahoma (Mr. 
Inhofe), and the Senator from Ohio (Mr. Voinovich).
  Further, if present and voting, the Senator from Kentucky (Mr. 
Bunning) would have voted ``nay.''
  The PRESIDING OFFICE. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 57, nays 35, as follows:

                      [Rollcall Vote No. 374 Leg.]

                                YEAS--57

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Dodd
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Menendez
     Mikulski
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--35

     Alexander
     Barrasso
     Bayh
     Bennett
     Brownback
     Burr
     Chambliss
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Isakson
     Johanns
     Kyl
     LeMieux
     Lugar
     McCain
     McCaskill
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Snowe
     Thune
     Vitter
     Wicker

                             NOT VOTING--8

     Bond
     Bunning
     Coburn
     Dorgan
     Inhofe
     Merkley
     Murray
     Voinovich
  The conference report was agreed to.
  Mr. DURBIN. Mr. President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Republican leader is recognized.

                          ____________________