January 6, 2009 CONGRESSIONAL RECORD — SENATE S151 

of the Constitution. The United States District Court for the District of Columbia shall 

have exclusive jurisdiction over such a civil 

action, without regard to the sum or value of 

the matter in controversy. 

(2) THREE JUDGE PANEL.—Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of the Interior on the ground that 

such appointment and continuance in office 

is in violation of article I, section 6, clause 2, 

of the Constitution, in an action brought 

under paragraph (1) shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United 

States Code. It shall be the duty of the district court to advance on the docket and to 

expedite the disposition of any matter 

brought under this subsection. 

(3) APPEAL.— 

(A) DIRECT APPEAL TO SUPREME COURT.—An 

appeal may be taken directly to the Supreme 

Court of the United States from any interlocutory or final judgment, decree, or order 

upon the validity of the appointment and 

continuance in office of the Secretary of the 

Interior under article I, section 6, clause 2, of 

the Constitution, entered in any action 

brought under this subsection. Any such appeal shall be taken by a notice of appeal filed 

within 20 days after such judgment, decree, 

or order is entered. 

(B) JURISDICTION.—The Supreme Court 

shall, if it has not previously ruled on the 

question presented by an appeal taken under 

subparagraph (A), accept jurisdiction over 

the appeal, advance the appeal on the docket, and expedite the appeal. 

(c) EFFECTIVE DATE.—This joint resolution 

shall take effect at 12:00 p.m. on January 20, 

2009. 

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MEASURES READ THE FIRST 

TIME—S. 1, S. 2, S. 3, S. 4, S. 5, S. 

6, S. 7, S. 8, S. 9, S. 10, S. 33, and 

S. 34 

Mr. WHITEHOUSE. Mr. President, I 

understand there are 12 bills at the 

desk, and I ask for their first reading 

en bloc. 

The PRESIDING OFFICER. Without 

objection, the clerk will report the 

bills by title. 

The legislative clerk read as follows: 

A bill (S. 1) to create jobs, restore economic growth, and strengthen America’s 

middle class through measures that modernize the nation’s infrastructure, enhance 

America’s energy independence, expand educational opportunities, preserve and improve 

affordable health care, provide tax relief, and 

protect those in greatest need, and for other 

purposes. 

A bill (S. 2) to improve the lives of middle 

class families and provide them with greater 

opportunity to achieve the American dream. 

A bill (S. 3) to protect homeowners and 

consumers by reducing foreclosures, ensuring the availability of credit for homeowners, businesses, and consumers, and reforming the financial regulatory system, and 

for other purposes. 

A bill (S. 4) to guarantee affordable, quality health coverage for all Americans, and 

for other purposes. 

A bill (S. 5) to improve the economy and 

security of the United States by reducing the 

dependence of the United States on foreign 

and unsustainable energy sources and the 

risks of global warming, and for other purposes. 

A bill (S. 6) to restore and enhance the national security of the United States. 

A bill (S. 7) to expand educational opportunities for all Americans by increasing access 

to high-quality early childhood education 

and after school programs, advancing reform 

in elementary and secondary education, 

strengthening mathematics and science instruction, and ensuring that higher education is more affordable, and for other purposes. 

A bill (S. 8) to return the Government to 

the people by reviewing controversial ‘‘midnight regulations’’ issued in the waning days 

of the Bush Administration. 

A bill (S. 9) to strengthen the United 

States economy, provide for more effective 

border and employment enforcement, and for 

other purposes. 

A bill (S. 10) to restore fiscal discipline and 

begin to address the long-term fiscal challenges facing the United States, and for 

other purposes. 

A bill (S. 33) to amend the Internal Revenue Code of 1986 with respect to the proper 

tax treatment of certain indebtedness discharged in 2009 or 2010, and for other purposes. 

A bill (S. 34) to prevent the Federal Communications Commission from repromulgating the fairness doctrine. 

Mr. WHITEHOUSE. Mr. President, I 

ask unanimous consent that further 

reading of the bills be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. WHITEHOUSE. Mr. President, I 

now ask for a second reading en bloc, 

and I object to my own request en bloc. 

The PRESIDING OFFICER. Objection is heard. 

The bills will be read the second time 

on the next legislative day. 

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CLAIBORNE DE BORDA PELL 

Mr. WHITEHOUSE. Mr. President, I 

ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 8, submitted earlier 

today by Senator REID. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The assistant legislative clerk read 

as follows: 

A resolution (S. Res. 8) relative to the 

death of the Honorable Claiborne de Borda 

Pell, former United States Senator for the 

State of Rhode Island. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. FEINGOLD. Mr. President, I join 

my colleagues, the people of Rhode Island, and people across the Nation in 

mourning the passing of Senator Claiborne Pell. It was my honor to serve 

with him here in the Senate. My first 

term in the Senate coincided with his 

last years of distinguished service in 

this body. In particular, I enjoyed the 

opportunity to serve on the Foreign 

Relations Committee during his time 

as chairman. He was known on the 

committee, and throughout the Senate 

on both sides of the aisle, for his 

unfailingly kind manner and his outstanding commitment to public service, and rightly so. 

Senator Pell had many accomplishments during his life in public service, 

including his authorship of legislation 

that created the National Endowment 

for the Arts and the National Endowment for Humanities, but his work to 

create what came to be known as Pell 

grants was perhaps his greatest 

achievement. Pell grants have helped 

millions of Americans attend college 

who otherwise may not have been able 

to attend due to cost. Higher education 

is one of the most important investments our Federal Government can 

make, and Senator Pell, who was deeply concerned about the emergence of a 

widening educational gap between lowincome and more affluent Americans, 

worked to try to ensure that individuals from low-income families are not 

denied postsecondary education because they cannot afford it. As this 

new Congress begins, it is my hope that 

we can carry forward Senator Pell’s 

legacy and boost Federal need-based 

grant programs to help ensure the 

doors of higher education are open to 

all Americans regardless of their financial circumstances. 

Senator Pell’s success in creating 

these grants, and giving so many 

Americans access to higher education, 

and to a better life, is a remarkable 

legacy. I am proud that I had the 

chance to serve with Senator Pell, and 

I join Americans across the country in 

honoring his memory. 

Mr. WHITEHOUSE. Mr. President, 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 that any 

statements relating to the resolution 

be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 8) was agreed 

to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 8 

Whereas Claiborne Pell represented the 

people of Rhode Island with distinction for 36 

years in the United States Senate, from 1961 

to 1997, and was the longest-serving Senator 

in Rhode Island’s history; 

Whereas Claiborne Pell served in the 

United States Coast Guard and the Coast 

Guard Reserve, beginning in 1941 and retiring 

in 1978 with the rank of Captain; 

Whereas Claiborne Pell participated in the 

1945 United Nations Conference on International Organization that established the 

United Nations, and was a champion of the 

United Nations throughout his life; 

Whereas Claiborne Pell served as a Foreign 

Service Officer from 1945 to 1952; 

Whereas Claiborne Pell sponsored the legislation that, in 1965, created the National 

Endowment for the Arts and the National 

Endowment for the Humanities and, in 1966, 

created the National Sea Grant College and 

Program; 

Whereas Claiborne Pell’s vision led to the 

creation of an improved passenger rail system in the Northeast and across the United 

States; 

Whereas Claiborne Pell believed that economic means should not be a barrier to a 

higher education and sponsored legislation 

creating the Basic Educational Opportunity 

Grants in 1972, which were renamed ‘‘Pell 

Grants’’ in 1980; 

Whereas Pell Grants have helped 54,000,000 

people in the United States secure a higher 

education; 


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S152 CONGRESSIONAL RECORD — SENATE January 6, 2009 

Whereas Claiborne Pell sought to expand 

educational opportunities throughout his 

tenure as a member and as Chairman of the 

Senate Subcommittee on Education, Arts 

and Humanities; 

Whereas Claiborne Pell served as Chairman 

of the Senate Committee on Foreign Relations in the 100th through 103rd Congresses; 

Whereas Claiborne Pell was a champion of 

human rights who devoted himself to promoting a peaceful resolution to international conflict and the elimination of the 

threat of nuclear weapons; and 

Whereas the hallmarks of Claiborne Pell’s 

public service were unsurpassed respect, decency, and civility: Now, therefore, be it 

Resolved, That— 

(1) the Senate has heard with profound sorrow and deep regret the announcement of the 

death of the Honorable Claiborne Pell, 

former member of the United States Senate; 

(2) the Secretary of the Senate communicate these resolutions to the House of Representatives and transmit an enrolled copy 

thereof to the family of the deceased; and 

(3) that when the Senate adjourns today, it 

stand adjourned as a further mark of respect 

to the memory of the Honorable Claiborne 

Pell. 

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ORDERS FOR WEDNESDAY, 

JANUARY 7, 2009 

Mr. WHITEHOUSE. Mr. President, I 

ask unanimous consent that when the 

Senate completes its business today, it 

stand adjourned until 11:30 a.m., 

Wednesday, January 7; that following 

the prayer and pledge, the Journal of 

proceedings be approved to date, the 

morning hour be deemed expired, the 

time for the two leaders be reserved for 

their use later in the day, and there 

then be a period for the transaction of 

morning business, with Senators permitted to speak for up to 10 minutes 

each, and that the Senate recess from 

12:30 p.m. until 2:15 p.m. to accommodate the weekly Democratic caucus 

lunch. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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ADJOURNMENT UNTIL 11:30 A.M. 

TOMORROW 

Mr. WHITEHOUSE. Mr. President, if 

there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the 

previous order in honor of the late Senator Claiborne de Borda Pell of Rhode 

Island under S. Res. 8. 

There being no objection, the Senate, 

at 7:45 p.m., adjourned until Wednesday, January 7, 2009, at 11:30 a.m. 


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