E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, OCTOBER 6, 2011 No. 149 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, people who have such a pleasant de- called to order by the Honorable SHEL- PRESIDENT PRO TEMPORE, meanor. The minute a person meets DON WHITEHOUSE, a Senator from the Washington, DC, October 6, 2011. him, they know he is a man of great State of Rhode Island. To the Senate: substance and spiritual quality. So I Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby am very happy to welcome Reverend PRAYER appoint the Honorable , Chaney and his wife Avis to Wash- The PRESIDING OFFICER. Today’s a Senator from the State of Rhode Island, to ington. opening prayer will be offered by the perform the duties of the Chair. I thank the pastor for the inspiring Reverend D. Edward Chaney, senior DANIEL K. INOUYE, invocation, which I hope will guide the pastor of Second Baptist Church in Las President pro tempore. Senate’s action today. Vegas, NV. Mr. WHITEHOUSE thereupon as- f sumed the chair as Acting President The guest Chaplain offered the fol- SCHEDULE lowing prayer: pro tempore. Mr. REID. Mr. President, following Let us pray. f Bless us now, O God. Touch our leader remarks, the Senate will resume RECOGNITION OF THE consideration of S. 1619, the China cur- hearts, for without Your love, light, LEADER and life, we are nothing. rency legislation. The deadline for sec- Give our lawmakers strength and The ACTING PRESIDENT pro tem- ond-degree amendments to that legis- courage as they make decisions today pore. The majority leader is recog- lation is at 10 a.m. this morning. At that impact the lives of all Americans. nized. 10:30, there will be a rollcall vote on the motion to invoke on S. Lord, remove the divisive spirit that f 1619. prohibits true transformation and WELCOMING REVEREND CHANEY allow Your presence to become not just f common but harmonious. Through our Mr. REID. Mr. President, I have the MEASURE PLACED ON THE dedication, commitment, and sacrifice, rare opportunity today to introduce CALENDAR—S. 1660 we thank You for cleansing us from the and say a few words about the guest Chaplain. Reverend Chaney has just de- Mr. REID. Mr. President, I am told ills of this world and making us fit to that S. 1660 is at the desk and due for serve and honor You. livered, as usual, an eloquent invoca- tion. a second reading. We ask these blessings in Your Name. The ACTING PRESIDENT pro tem- Amen. Reverend Chaney is originally from South Carolina, but for the last 2 years pore. The Senator is correct. The clerk will read the bill by title for the second f he has led the flock of the Second Bap- tist Church in Las Vegas, one of the time. The assistant legislative clerk read PLEDGE OF ALLEGIANCE oldest, extremely well-established, and largest churches in Las Vegas, NV. He as follows: The Honorable SHELDON WHITEHOUSE is a man who is involved in the commu- A bill (S. 1660) to provide tax relief for led the Pledge of Allegiance, as follows: American workers and businesses, to put nity very deeply. He serves on the workers back on the job while rebuilding and I pledge allegiance to the Flag of the board of the Urban League and the modernizing America, and to provide path- United States of America, and to the Repub- NAACP. ways back to work for Americans looking for lic for which it stands, one nation under God, In addition to his service in the spir- jobs. indivisible, with liberty and justice for all. itual realm, he has also served as a pa- Mr. REID. Mr. President, I object to triot in our Nation’s armed services. f any further proceedings with respect to He served in the Navy for 4 years, as this legislation. has our Chaplain, Dr. Barry Black. The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING They were both naval officers. Rev- pore. Objection having been heard, the PRESIDENT PRO TEMPORE erend Chaney recently retired as chap- bill will be placed on the calendar. The PRESIDING OFFICER. The lain of the U.S. Air Force Reserve at Mr. REID. I note the absence of a clerk will please read a communication Nellis Air Force Base. . to the Senate from the President pro I have met with Reverend Chaney The ACTING PRESIDENT pro tem- tempore (Mr. INOUYE). under very unique circumstances on a pore. The clerk will call the roll. The assistant legislative clerk read number of occasions. He is a wonderful The assistant legislative clerk pro- the following letter: human being. He is one of those rare ceeded to call the roll.

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

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VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.000 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6278 CONGRESSIONAL RECORD — SENATE October 6, 2011 Mr. REID. Mr. President, I ask unan- today. I would like to do it before 5:30. as far as I can tell, is entirely political. imous consent that the order for the We have the Jewish holiday that starts By arguing for a permanent tax hike to quorum call be rescinded. tomorrow at 5:30—it is actually an pay for a temporary stimulus, they are The ACTING PRESIDENT pro tem- hour or so after that, so 20 until 7, sun- essentially admitting they are not par- pore. Without objection, it is so or- down. But, anyway, we are going to ticularly interested in creating jobs. dered. continue working on this legislation Proposing a partisan tax hike 13 f until we complete it one way or the months before an election will not cre- other. ate one single job—not one. So I would CHINA CURRENCY MANIPULATION AMERICAN JOBS ACT suggest that our friends on the other Mr. REID. Mr. President, this morn- Early next week, the Senate will side put away the playbook and work ing the Senate will hold a vote to ad- begin debate on the American Jobs with us instead. vance legislation to end the under- Act, which will create jobs while ask- As I have said repeatedly, Repub- handed practice of currency manipula- ing every American to contribute his licans are ready to act right away with tion by the Chinese Government. This or her fair share. This legislation will Democrats on bipartisan, job-creating practice gives Chinese exports a tre- put construction crews back to work legislation—on the three trade bills, mendously unfair advantage over all building the things that make our for instance, on regulatory reform, in- the global markets but especially the country stronger: modern bridges, creasing American energy production, one with our relations with China. It roads, dams, sewers, water systems, and tax reform. All those things would hurts American manufacturers and and up-to-date schools where our chil- help the economy, and all could be cheats American workers out of jobs. strongly—strongly—bipartisan. Yet dren can get the best education pos- This practice has helped balloon Amer- Democratic leaders do not seem to be sible. ica’s trade deficit with China from $10 interested in working together. billion to $273 billion in the last 20 FREE TRADE Two days ago, for example, I offered years, costing upwards of 3 million I have spent a lot of time with the the President his request to vote on his jobs. Too many of those lost jobs came Republican leader, knowing how second stimulus. Our Democratic from the manufacturing sector alone, strongly he and some other Members of friends blocked the vote. Instead of which can’t compete as long as the Chi- the Senate feel about the Colombia working across the aisle with Repub- nese Government gives its exports spe- trade bill, the Korea trade agreement, licans on solutions that would help put cial advantages. and Panama. In spite of my not feeling people back to work, Democrats have This legislation is a chance to even a so strongly about these—I am not a big fallen back to tired talking points—the tilted playing field, to pump $300 bil- fan of these matters—I am doing my same, stale rhetoric we have heard lit- lion into our economy in 2 years, and best to advance this so we can have a erally for years. With 14 million Ameri- support 1.6 million American jobs. vote, hopefully as early as Wednesday cans out of work, this is completely That is why it has the support of labor of next week. and totally unacceptable. unions and business groups. That is f We are wasting valuable time. De- why it advanced with an overwhelming spite the President assuring Americans RECOGNITION OF THE MINORITY bipartisan vote on Monday. I believe that nobody is talking about raising LEADER there were 31 Republican votes on Mon- taxes right now and that a down econ- day. The ACTING PRESIDENT pro tem- omy is a horrible time to raise taxes— I would remind my Republican col- pore. The Republican leader is recog- again, this is what the President said— leagues that since the Senate began de- nized. the new Democratic tax hike would bate of this bill, China has made no f take effect in a little over a year, when move to correct the value of its cur- CBO tells us the unemployment rate rency. It is clear that merely consid- AMERICAN JOBS ACT will still be well over 8 percent. ering congressional action will not Mr. MCCONNELL. Mr. President, It is no wonder the economy is stag- solve this problem, so it is difficult for what this week has shown beyond any nant, businesses are not hiring, and un- me to comprehend how people could be doubt is that Democrats would rather employment is at 9 percent. How can switching their votes from Monday to talk about partisan legislation they anyone be expected to make plans Thursday. We have offered to work won’t pass than actually passing legis- when the next ‘‘gotcha’’ tax hike to with Republicans on an agreement to lation we know would create jobs. pay for this President’s spending binge consider several germane amendments. Two and a half years after the Presi- is always lurking right around the cor- I stand by that offer. We talked about dent signed his first stimulus, there are ner? The President has said it is wrong to that yesterday and, in fact, late last 1.7 million fewer jobs in this country. raise taxes in this weak economic envi- night. I repeat, more than 31 Repub- Now he wants to do it again. Why? Be- ronment. If he meant what he said, licans voted to advance this legislation cause Democrats think it makes for surely he will join me in opposing this good politics. earlier this week. So I am hopeful my unwise tax hike Senate Democrats This week, it was revealed that there colleagues on the other side will con- have proposed. tinue to work with us in a bipartisan wasn’t enough support within the Republicans, along with some Demo- fashion to advance this important job- Democratic ranks to pass the Presi- crats, have progrowth solutions to help creating legislation today. dent’s so-called jobs bill—it was simply solve this crisis, but we will not stand I have indicated to the Republican too partisan. So yesterday, instead of for a permanent tax hike for a tem- leader that I have a meeting with three making it less partisan, they made it porary stimulus that is largely a re- of my Senators at the White House at more so. By adding a tax on small busi- hash of the same stimulus ideas this 5:30 this afternoon, so we either finish ness owners, they made it even less at- administration has already tried. this bill if, in fact, cloture is invoked tractive to job creators rather than This bill is the same wasteful spend- and we work out something on the working with Republicans on legisla- ing, the same burdensome union give- amendments before 5:30 or we can come tion that would actually help create aways, and the same temporary tax back tonight after the meeting at the jobs. policy that has failed the American White House or we can come back to- I mean, what is our goal here? If the people in the last 2 years. morrow, but we are going to complete goal is to create jobs, then why are we This economy can grow and create work on this legislation before we even talking about tax hikes? The jobs when Washington reduces spend- leave, one way or the other. If cloture President himself has said that raising ing and regulations, and by simplifying is not invoked, of course, that ends it, taxes is the last thing we want to do in our incredibly complex tax system. which I think would be a sad day for a weak economy. That is the President This is what is needed to literally un- relations between China and the United of the United States. Even the White leash the private sector. States, to think we capitulated on House predicts the unemployment rate It is time Democrats move beyond something as important as this. But we will be high when this tax would kick the political rhetoric and for the Presi- are going to finish this legislation in. So the real goal here for Democrats, dent to stop campaigning. It is time for

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.001 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6279 Democrats to reach across the aisle on them have done it the hard way: by trade—we may never recover as a coun- bipartisan legislation that can actually coming up with a good idea, struggling try. pass. and working a business. That is great. This is serious. This is not to gain po- Mr. President, I yield the floor. But they are the one segment in soci- litical advantage, although most Amer- f ety whose income has actually in- icans agree with it, of course. But I creased significantly over the last dec- RESERVATION OF LEADER TIME would do this if most Americans did ade. not, and if editorialists did not, busi- The ACTING PRESIDENT pro tem- The one consensus we have in this ness leaders of multinational corpora- pore. Under the previous order, the place is that we have to reduce the def- tions did not. I do this because when leadership time is reserved. icit and reduce the budget. The one we have small companies that are consensus we have is that we have to f growing that have great products, and do that. Well, you are asking middle- CURRENCY EXCHANGE RATE China unfairly competes with them— class people to chip in by making it OVERSIGHT REFORM ACT OF 2011 not because China’s products are better harder to pay for college because stu- but because China’s trade allows it to The ACTING PRESIDENT pro tem- dent loans are not as good or cutting undercut them in our market and in pore. Under the previous order, the back on somebody who has been unem- the Chinese market—we are giving Senate will resume consideration of S. ployed. They worked their whole life, away our seed corn. 1619, which the clerk will report. lost their job, and now are unemployed. The assistant legislative clerk read So how do we have the top 1 per- Take solar cells. China usually uses a as follows: cent—the one part of society doing the one-two punch to hurt us unfairly. A bill (S. 1619) to provide for identification best—chip in? Well, the only way is First, they will use some trade law to of misaligned currency, require action to through the Tax Code because they do get that business in their country, correct the misalignment, and for other pur- not need help getting their kids to col- whether it is rare earths, and they will poses. lege. They do not need health care say: You want these rare earths? You Pending: help. God bless them. They have have to manufacture in China. Whether Reid amendment No. 694, to change the en- enough money to do that on their own. it is intellectual property, they just actment date. So this is the only way to do it. If you take it regardless of patent laws and Reid amendment No. 695 (to amendment say no taxes on anybody, even the mil- other laws. Or in the case of solar cells, No. 694), of a perfecting nature. lionaires—which is what, I assume, the whether it is unfair direct subsidies to Reid motion to commit the bill to the companies, they say: You make the on Finance with instructions, Republican leader is saying—you are Reid amendment No. 696, to change the en- saying the best off in society, who have solar cells here—the Chinese compa- actment date. done the best in the last decade, should nies—you will get deep subsidies. Reid amendment No. 697 (to (the instruc- not contribute to this deficit reduction But that alone would not be enough tions) amendment No. 696) of the motion to we have to do. to put our American companies on commit), of a perfecting nature. I believe—and I will say this again their butts. What happens is, after they Reid amendment No. 698 (to amendment and again—the only way we are going No. 697), of a perfecting nature. unfairly take the business and move to get real deficit reduction is by rais- them there, they send them here at a The ACTING PRESIDENT pro tem- ing revenues as well as cutting spend- 30-percent discount using currency ma- pore. Under the previous order, the ing. The only real way we are going to nipulation. Our American companies— time until 10:30 a.m. will be equally di- break through on raising revenues is and I have spoken to company after vided and controlled between the two making sure those at the highest in- company in manufacturing businesses, leaders or their designees. come contribute and contribute more in service businesses, and things in be- The Senator from New York. than others when it comes to the tax Mr. SCHUMER. Just for a clarifica- tween—say: I can’t compete. My prod- system. uct is usually better, but not against a tion, Mr. President, are we in morning I would like to go to the bill at hand, 30-percent currency disadvantage. So business or are we on the bill? which is S. 1619, the currency act. I the price of the Chinese good is 30 per- The ACTING PRESIDENT pro tem- know my colleagues have heard me on cent cheaper. pore. We are on the bill. this all week. It is passionate for me. It Mr. SCHUMER. Is 1 hour of time is passionate not as a Democrat or not There is a window manufacturer I equally divided? against Republicans. In fact, we have just visited, I think it was last Friday. The ACTING PRESIDENT pro tem- religiously tried throughout—Senator He makes high-end windows for these pore. Until 10:30. and I, throughout the buildings in New York and elsewhere. Mr. SCHUMER. So time is equally di- history of this bill, which is a long one, The window he makes is better than vided up to that point? and the bills before it, their prede- the Chinese window. This was not a The ACTING PRESIDENT pro tem- cessors—we have tried to keep this re- theft of intellectual property. He would pore. Correct. ligiously bipartisan. not use the Chinese windows because Mr. SCHUMER. Thank you, Mr. In fact, we have five lead Democratic he is a contractor as well. He makes President. sponsors and five lead Republican spon- the windows, and then he installs First, I would like to make a com- sors. LINDSEY and I have opposed Presi- them. ment on the Republican leader’s com- dents on this issue—whether it was the He said: I wouldn’t use the Chinese ments on the tax bill. Just make note, Republican President Bush or the Dem- product, but because it has a 30-percent American people, the leader says: Do ocrat President Obama—with equal advantage in currency, it undercuts me not raise taxes. But he does not men- vigor because we think administrations in price and lots of other people use it. tion what our proposal actually does. get too caught up in that highfalutin It imposes a 5.6-percent surcharge only diplomatic world to understand what Now, who would have thought that on those whose incomes are above $1 American companies, particularly mid- we are talking about windows? The million. In other words, 99 percent-plus dle-sized companies, go through when Chinese are competing against us ev- of the American people will not have China does not play fair. erywhere. High end, middle end, and their taxes raised, nor should they. I am on the Senate floor on this bill low end. On the low end, frankly, we Average middle-class people are many times, more often than I usually will never get the businesses back. struggling. Their incomes are declin- speak, because I believe passionately Toys or clothing or shoes, maybe even ing. We should not be doing that. But this is about the future of America. If furniture—except high-end furniture— for those who are the very wealthiest— we continue to lose wealth and jobs to is not coming back. and this is no aspersion to them. I China because they manipulate trade The argument that some of these edi- think most of us on both sides of the laws and intellectual property laws and torialists use, well, they are going to aisle admire people who have made a all kinds of other economic laws for go to Bangladesh or somewhere else if lot of money. Most Americans would their own advantage, unfairly—against China has to raise its currency is true, like to be in their shoes, and most of the WTO rules, against the rules of free but that is not what we are fighting for

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.003 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6280 CONGRESSIONAL RECORD — SENATE October 6, 2011 here. We are fighting for high- and mid- I want to see our children and grand- There is a difference of opinion about dle-end companies that have great children know that they are going to how to deal with China. This is a com- products—solar panels, in which Amer- have better lives than their parents plicated issue. But the one thing no ica has a future; jobs that if China and grandparents, and it is a difficult one is telling me on the other side: played fairly we would win because we and tough world to ensure that with LINDSEY, they are not manipulating make a better product, and it does not global competition, with so many their currency. I think as the Amer- have to be exported. Yet we somehow changes. ican Taxpayers Union—great organiza- sit here and twiddle our thumbs. We were just talking in the gym tion; I am in pretty good standing with What I was saying about the window about how our kids spend so much time them. I disagree with them on how to guy is, not only now does China com- on video games all day long instead of proceed against China in this par- pete in manufacturing the windows, learning in school. ticular instance. I think they said in Chinese companies come here and in- There are so many challenges we face their own letter: We agree, China ma- stall them. Again, it is still a 30-per- as a country. At this time we cannot nipulates their currency. cent advantage because they are pay- shrug our shoulders and be benign like Well, if they do manipulate their cur- ing the Chinese company and workers maybe 20 or 25 years ago when we were rency, what does it matter? It matters the yuan, which is undervalued by 30 in a different situation, saying: China a lot if you are an American business percent over there. cheats; so what. Let’s not risk any man or woman trying to compete in So this is serious. It is about the fu- change. Let’s not get them mad. the world marketplace. As Senator ture of America, about the future of We cannot afford that anymore. The SCHUMER said, the Chinese manipulate American jobs. We are all concerned future of America is at stake. To those the value of their currency—6.3 yuan to about jobs. There are very few jobs who say it will cause a trade war, we the dollar; it used to be 8-point some- bills that are, A, bipartisan, and, B, do are in a trade war. We have our clocks thing. What does that mean? That not cost money. This is one of them. It cleaned every day and lose jobs every means if a product produced in China is has been a bipartisan bill all the way. day because of unfair Chinese prac- sold in the world marketplace and you The votes showed it. tices. To those who say China will re- are in business in South Carolina, Ala- I see my colleague from Alabama taliate, China has got far more to lose bama, or New York, competing with who has been a great partner. I saw my in this than we do. They the are ones that Chinese company, the value of colleague from South Carolina who has who benefit from all of these rules, we their money builds a discount of 30 to been a great partner. How else in this do not—all of these manipulations. 40 percent. You are going to have a deadlocked, gridlocked situation can They will not retaliate. Yes, they may very hard time winning in the market- we help American workers in a bipar- do a little thing here and there, but place, not because you do not work tisan way—that does not cost money— they will not retaliate big time because hard, not because your employees are in a big way? This is it. There are not it will do even more damage to the Chi- inferior, simply because the Chinese many others. nese economy. Government is doing things with their So I would ask my colleagues on both What they will do—Senator GRAHAM currency we do not do. sides of the aisle—Leader REID said on and I have seen this, and Senator SES- We have a Federal Reserve. Some of the Senate floor a few ago SIONS and Senator BROWN—when they their policies I do not agree with. But what he said last night, that he would are faced with the hard reality that certainly entertain amendments and they will no longer be allowed by legis- to suggest that our Federal Reserve come to an agreement—amendments lation or, I wish, by administration ac- system manipulates our currency to from both sides of the aisle, relevant, tion, but that has not been forth- create a trade advantage is ridiculous. germane amendments, relevant to coming from either President Bush or If we are doing it for that purpose, ev- trade. I am sure if we could move on President Obama, they then adjust and erybody should be fired, because we cloture, Senator HATCH’s amendment— play fairer. That is what has happened have a $273 billion trade deficit. Every country has a right to set he is the ranking member of the Fi- every single time, and that will happen monetary policy. That is not the issue. nance Committee—which deals with again. trade would be debated. We would try I want to first compliment my col- If you disagree with the way we are to have time limits. There would be a leagues on this legislation. I want to doing monetary policy in the United fair and open debate on an important hope and pray—I pray in this one, me, States, I think you have a valid claim. issue, and then we could vote on the for the future of America. And the fu- This is about a country manipulating bill. ture of America is linked to free and its currency for an advantage in the ex- So I hope we will get a positive vote fair trade with China. The future of port market. The Chinese manipula- on cloture this morning, and I hope we America is linked to the fact that we tion of the yuan has cost this country will—not for political gain or anything can no longer let China unfairly take at least 2 million jobs—41,000 in South like that but for American gain. We advantage of American workers, Amer- Carolina—and it is an unfair trade cannot, cannot, cannot continue to let ican wealth, and the American future. practice in another name. China flaunt the rules. I yield the floor and reserve the re- If this were an island nation some- Ten years ago or eight years ago, mainder of my time. where, none of us would care. But this when Senator GRAHAM and I started on The PRESIDING OFFICER (Mrs. is the second or third largest economy this issue, China was a much smaller SHAHEEN.) The Senator from South in the world, and all of us should care. economy. Now they are huge, the sec- Carolina. The people who are opposing this legis- ond largest in the world. They compete Mr. GRAHAM. I rise in support of lation today are probably doing busi- against us up and down the line. They moving forward on this legislation. I ness in China and they are afraid to of- have found six ways from Sunday to wish I could fix the Senate. It is not fend the Chinese. I have some manufac- lure businesses there. That deals with functioning the way any of us wishes— turing in my State that has a big foot- the Chinese market. But then, with plenty of blame to go around. The print in China. They are nervous about trade currency, when the businesses go Congress’s approval rating is at 15 per- this bill. I have most people in my there, with currency manipulation cent. State dying for me to get them some they are able to undercut us and send But here is some good news. There is relief so they can stay in business. the goods here. a piece of legislation before us that, if But here is a warning: It will come— Again, to me—and I am just one per- we can ever get a vote on the legisla- this movie will come to a neighborhood son and, obviously, I feel this issue tion, would have overwhelming bipar- near you soon. In 2016, the Chinese are more passionately than 99 percent of tisan support that actually would mat- going to start producing, in large num- Americans because I have been in- ter to the average, every-day person. bers, commercial aircraft. It will be volved in it so long—if we could do five When you look through your Congress, difficult for American aircraft compa- things to restore American jobs and re- you have got to say: What is it about nies to compete with China if the air- store American wealth, this would be those folks up there? Why can’t they craft is 30 percent discounted because one of them. This would be one of do the things that all of us know need of currency manipulation. One day them. to be done? they will be producing cars, not to be

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.004 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6281 sold in China but throughout the We are going to have a chance, after serious commitment to developing world. If you are in a high-tech indus- 7 years, of getting a vote that will mat- long-term and meaningful solutions to try, what has happened to the textile ter to the American people. I am sorry the persistent problem of currency ma- industry and other elements of our we are mad at each other all the time nipulation. It tells them we are com- country such as steel is coming toward about everything. I am tired of being mitted to starting that process today. you. All we ask of China is build cars, mad about the Senate not working Yesterday, I outlined some of the se- build airplanes, but sell their products well. I am going to set aside my dis- rious problems with the unilateral ap- based on trade practices that are ac- pleasure for the process and do some- proach adopted by the proponents of cepted throughout the world. Do not thing I think will help the people I rep- this bill. Allow me to summarize them manipulate your currency to create a resent. I am going to vote to move for- for the benefit of my colleagues. First, discount on products made in your ward in an imperfect procedural envi- this is not a jobs measure. Proponents country at our expense. ronment, knowing that if we can ever of the unilateral approach argue that Since 2004, I have been dealing with get a vote, it will be the best thing their bill will create thousands of jobs this. We started with a sense of the that could happen to the American right now and millions of jobs in the Senate because everybody said this is manufacturing community. It will be a years ahead. But all we have to do is delicate. I buy into that to a point. So shot across China’s bow that is long take a close look at the numbers and sense of the Senate, we all agreed with overdue. the process laid out in the bill to see 100 votes: You manipulate your cur- The last thing I would say is that this is not the case. rency. Please stop. Senator SESSIONS has come into this I am also concerned that the bill will In 2005, after they did not stop, we in- issue, and he has brought an intellec- inject economic instability in a key bi- troduced legislation, got 67 votes to tual weight to it, emotional commit- lateral relationship and subject U.S. proceed forward with a 27.5 tariff. We ment. He understands the middle class. exporters to potential retaliation by stopped our bill because we hoped JEFF SESSIONS has been the best part- the Chinese. things would change. Guess what. The ner anyone could hope to have to try to Yesterday, the White House also ex- yuan has appreciated about 31 percent push a bill forward that will give pressed concerns about this bill, since we have been doing this exercise, America a fighting chance in a world though they still have not stated pub- but not nearly enough. There is a re- economy dominated unfairly by a Com- licly what those specific concerns are. I striction on the yuan trading. It can- munist dictatorship. I want to recog- wish they would. It would be helpful to not float more than 0.5 percent a day. nize what Senator SESSIONS has done. us up here to have the White House It is tied to the dollar. It is still crush- He is going to vote to move forward. weigh in and say what they actually ing our manufacturing community un- We have had it with China. Let’s do want, instead of waiting for the Senate fairly. something that will matter. So from 2004 to now, I have been rea- to do whatever it wants to. I yield the floor. A growing chorus has come out to sonable. I have sent message - The PRESIDING OFFICER. The Sen- criticize the unilateral approach in this ments, I have taken votes where I won ator from Utah. bill—a growing chorus. The New York overwhelmingly, and backed off. I have Mr. HATCH. Madam President, I was times called this bill ‘‘a bad idea’’ and had it. Enough is enough. I am sorry very interested in the comments of the ‘‘too blunt of an instrument’’ which, if the amendment process around this distinguished Senator from New York enacted, is very unlikely to persuade place is so screwed up. It is. There was and my friend from South Carolina as China to change its practices, while an effort to get some amendments up. well. Not as much as people on our side This morning, the Senate will have adding another explosive new conflict would like. the opportunity to send a strong mes- to an already heavy list of bilateral I hate the idea of filling up the tree sage to China and the world commu- frictions. and becoming the House. But this is nity. Whether that signal is one of in- The Wall Street Journal called the not about Senate procedure for me. I ward protectionism or outward engage- underlying bill ‘‘the most dangerous try to be a team player where I can be ment remains to be seen. In my mind, trade legislation in many years.’’ because I do believe Senator MCCON- the choice is clear. If we support the The U.S. Chamber of Commerce NELL is doing a very good job. Senator motion to invoke cloture on the under- issued a letter yesterday stating that REID has got his own . It is not lying bill, we will be sending a signal the unilateral approach in the under- about HARRY REID. It is not about to China that the Senate is angry over lying bill would be counterproductive MITCH MCCONNELL. It is not about China’s manipulation of its currency, in persuading China to alter its cur- some rule of the Senate. It is about but we are not serious about taking rency practices and that ‘‘in the end, people in my State who are going to real, long-term action to stop it. such unilateral action would very like- lose their job if we do not do some- We are also telling the world commu- ly cause retaliation by China and ulti- thing. nity that the United States is turning mately damage the U.S. economy, in- I know what I need to be doing as a inward once again, seeking protec- cluding exporters, investors, workers, Senator here. The institution I need to tionist solutions to global problems, and consumers.’’ be protecting is the American work- and not interested in working with It does not get any tougher than force which is having its clock cleaned other countries to solve our current that. by a Communist dictatorship that international economic crisis. At the Again, there is a better way. My cheats. They do not outwork us. They same time, we would be interjecting amendment calls for a bold new ap- do not outperform us. They steal our further uncertainty into our own eco- proach which will empower U.S. nego- intellectual property. They manipulate nomic recovery as our exporters and tiators to work within the WTO and their currency. They subsidize their in- workers face potential retaliation from the IMF to develop long-term effective dustries. A few years ago they dumped one of our leading trading partners. remedies to counter the effect of cur- steel all over the world—in the Amer- There is a better way, and it can be rency manipulation by China or any ican marketplace, in particular—pro- bipartisan. We can defeat cloture and other country and develop practices to duced in China below cost, and the give Senators an opportunity to vote persuade countries to stop currency Bush administration pushed back with on my amendment, which not only has manipulation. If that does not work a countervailing duty claim. the best chance of actually resolving within 90 days, they are directed to go I want to do business with China. The our serious currency problems with outside of these institutions. Chinese people are good. Their govern- China but also demonstrates to the My amendment would also send a ment is bad. They are mercantilists. international community that the great message to both the WTO and the They look at every transaction with an United States will continue to lead by IMF. eye of what is best for us in the short promoting trade liberalization and My amendment would also establish term. They do not play by the rules. holding countries accountable to the a new priority negotiating objective, so Since they have been in the WTO, their rules of the game for the long haul. as we negotiate trade agreements with trade deficit has almost quadrupled. So If given the chance to vote on my trading partners, we should all commit enough is enough for LINDSEY GRAHAM. amendment, we can demonstrate our in those agreements to not manipulate

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.007 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6282 CONGRESSIONAL RECORD — SENATE October 6, 2011 our currencies. My amendment also en- I urge colleagues to make the right losers. We can compete with China and sures that we have a partner by holding choice today, to vote against cloture we are, in many ways. When we give the administration accountable until and support my amendment. them a currency advantage as large as they achieve results—and that is I am even willing to give my amend- this, good companies that are capable whether it is this administration or ment to the distinguished Senator of competing and being successful are some administration in the future. from New York and others—have it be being hammered. The middle class in This is not a quick fix. But truly re- theirs. I don’t care who gets the credit. this country is being hammered. solving complex and longstanding prob- When we work on trade issues, I want This has to stop, and we have to ask lems, such as currency manipulation, them to work right. I don’t want to ourselves: Is this country going to will take much more than a quick fix. have politics played with this. This is abandon its commitment or belief in a It requires that we stand together as a too important. manufacturing economy? Are we going country and do the hard work nec- I hope everybody votes against clo- to give up manufacturing entirely? I essary with the international commu- ture, and I hope we can then take up don’t think that is remotely conceiv- nity to achieve real, long-term results. the amendment I have been talking able. We have had brilliant economists Although my amendment was only about—and we can refile it, so those tell us we need to be a service economy recently introduced, it is already gain- who feel so deeply about the Schumer and we can just deal with computers ing widespread support. The U.S. amendment can be for something. I and e-mails and move paper around and Chamber of Commerce endorsed the would like to do that and see this done. that this creates growth and wealth. Hatch amendment, arguing that co- I would like to see our country move We need a manufacturing economy. ordinated and multilateral pressure, ahead with an intelligent approach to- I see Senator BROWN, who has been a through international organizations, is ward currency and trade. strong advocate of this. Senators SCHU- essential to encouraging China to I yield the floor. MER and GRAHAM have been at this for adopt market-determined currency and The PRESIDING OFFICER. The Sen- years. I voted for the legislation in exchange rate policies. That is pre- ator from Alabama is recognized. 2005. I have become energized about cisely the approach taken in the Hatch Mr. SESSIONS. Madam President, this because I believe it is a deep re- amendment. the majority leader has agreed that if sponsibility for every government offi- This morning, Douglas Holtz-Eakin, cloture is invoked, Senator HATCH’s cial to protect our national security former Director of the Congressional Budget amendment will be one that will be and protect our economic security. Office, wrote in National Review Online that voted on. There was an agreement. When we have clear evidence that a the Hatch amendment ‘‘is a more complex Other amendments, too, would be al- predatory trade policy of a major world solution to the [currency] problem,’’ and lowed. I believe the minority has to exporter—the largest exporter in the while ‘‘not nearly as sexy or slogan-inspiring protect its right to offer amendments, history of the world is China to the as the Currency Exchange Oversight Reform consistent with other processes that we United States. They are abusing their Act . . . happens to have a much greater have had here that I am not happy likelihood of being effectual.’’ trade privileges, and the administra- with. The amendments offered by the tion refuses to act. I say the Congress wrote a majority, I believe, are legitimate. can and should act. letter in support of my amendment, I am a bit offended, and I don’t appre- I believe this is a reasonable bill. It saying the Hatch amendment ‘‘offers a ciate the view that this is a protec- allows the administration to negotiate sensible approach that utilizes the tionist piece of legislation. I believe it an end to this matter over a period of mechanisms created by the inter- protects free trade because trade can’t time, and it will provide the power and national trade community to resolve exist when one party is manipulating the requirement that that happen. such disputes.’’ the rules in a significant way that sub- Mr. BROWN of Ohio. Will the Senator The Emergency Committee for Amer- stantially impacts the balance of trade. yield for a question? ican Trade says that the Hatch amend- I will just ask the question: Is former Mr. SESSIONS. I am pleased to. ment ‘‘will more effectively address Governor, now Presidential candidate, Mr. BROWN of Ohio. I appreciate the concerns about currency misalignment a protectionist? Gov- Senator’s consistent push for fair trade by China and other countries, without ernor Huntsman from Utah, a Presi- policies. We have worked on Alabama’s opening the door to many harmful ef- dential candidate and also former Am- and Ohio’s issues, from sleeping bags to fects on U.S. business and workers.’’ bassador to China for President Obama, steel. I appreciate that. The Senator These and other organizations, such as said he would sign this bill if it came said how important manufacturing is the Retail Industry Trade Association before him if he is elected President; and that we cannot just turn to a serv- and the Financial Services Roundtable, and , our fabulous new ice economy or we begin to lose the recognize there is a better way. Let’s Senator, President Bush’s former middle class. I appreciate the Senator’s quit playing politics with this issue. Trade Representative, said he supports advocacy there. Today, we face a clear choice. By vot- the bipartisan legislation. Will the Senator explain, before the ing against cloture, we can stand I don’t think it is protectionism. I debate is wrapped up, what this cur- against unilateralism, stand against think it is an effort to protect trade. rency depreciation, if you will, by the protectionism, stand against retalia- There are some who are religious about Chinese does to our economy. Senator tion, and stand against ‘‘quick fix’’ so- free trade; it is a religion. They believe MERKLEY explained yesterday that lutions and slogans. We can then turn that no matter how bad our trading when we export to China, their cur- to vote on my amendment, one that of- partners act, we should not retaliate rency advantage—artificial advan- fers the prospect of real long-term and because that might cause a trade war. tage—gets the Chinese a 25-percent tar- effective solutions, that shows the Chi- I think that is not against common iff on our sales to China, making it nese and the world community we are sense. Trade is not my religion. I think harder for a Montgomery or a Dayton serious about solving this problem over any trading relationship should depend company to sell into China. Coming the long haul, and that tells this and on how well the agreement serves the the other way, it is a 25-percent sub- subsequent administrations they will interests of both parties. It is similar sidy to the Chinese company—or their be held accountable. Even the adminis- to any other business relationship. Is it government’s company—selling in Mo- tration basically agrees with this. serving the interests of both parties? In bile or Cincinnati. Could the Senator Today, we have an opportunity to this trade situation, it is a dramatic wrap up the debate and go through that make a difference. The Atlanta Journal factor in the American loss of jobs. It again—to the point of what currency Constitution wrote this today: is indisputable, in my opinion. does to manufacturing and the middle We have a trade problem with China. But A group of professors from California class. Georgians will pay dearly if Congress keeps said our trade imbalance, over the last Mr. SESSIONS. If a manufacturing taking the wrong approach to solving it. decade, has cost 10 million jobs. Let me company in Dayton is competing with I could not agree more. But it is not just say we are going to have dynamic the Chinese company to manufacture a just Georgians who will pay dearly but changes in our economy. That happens widget, they can, on the currency all Americans. all the time, and there are winners and alone, more than have an advantage

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.009 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6283 shipping the product from China here— the train heading down the track and The question is, Is it the sense of the a 25-percent advantage. As we know, in that, for the first time, their efforts Senate that debate on S. 1619, a bill to modern trade and sales today, margins with their multinational allies to stall provide for identification of misaligned are very small, and 25 percent is a huge this bill will not succeed, they will ad- currency, require action to correct the margin that would be provided by the just and correct themselves, not just misalignment, and for other purposes, currency alone. Then we have the on currency but on all the other areas shall be brought to a close? things that are done in trying to block where they don’t treat us fairly. The yeas and nays are mandatory our companies from moving and selling So this is an important vote and an under the rule. there. To go beyond currency, it adds important day for America. The clerk will call the roll. to the price of our goods if we attempt I yield the floor. The legislative clerk called the roll. to sell them in China. Mr. GRASSLEY. Madam President, I The yeas and nays resulted—yeas 62, This is not a two-way street. I be- am here to discuss S. 1619, the currency nays 38, as follows: lieve that any rational government exchange rate oversight bill. I support [Rollcall Vote No. 156 Leg.] should not allow its manufacturing in- this bill. Back in 2007, I helped draft YEAS—62 dustry and its workers to be subjected some of the language that is contained Akaka Gillibrand Nelson (FL) to such unfair practices. We have an in this current bill. Baucus Graham Portman absolute responsibility to stand up and China is a big beneficiary of inter- Begich Hagan Pryor national trade, yet it fails to allow its Bennet Harkin Reed fix it. The best way to do it is the bill Bingaman Hoeven currency to float freely. As a result, Reid that Senators SCHUMER, GRAHAM, Blumenthal Inouye Rockefeller BROWN, and others have offered. It will U.S. exporters get cheated. It is time Boxer Isakson Sanders do it in a rational, effective way. Other we do something to send the message Brown (MA) Johnson (SD) Schumer Brown (OH) Kerry Sessions alternatives are less effective and will that enough is enough. Burr Klobuchar Shaheen not do the job. It is time for us to do it I am all for free trade, I want free Cardin Kohl trade. Free trade helps our farmers, Carper Landrieu Shelby now. Snowe manufacturers, and our Nation as a Casey Lautenberg I yield the floor and reserve the re- Chambliss Leahy Stabenow mainder of our time. whole. There is talk that this bill will Cochran Levin Tester The PRESIDING OFFICER. The Sen- cause a trade war with China. I am not Collins Lieberman Udall (CO) ator from New York. convinced that is the case. Plus, keep Conrad Manchin Udall (NM) Coons Menendez Warner Mr. SCHUMER. Madam President, in mind, this bill is about more than Durbin Merkley Webb what is the time status for the major- China. This bill is a much needed over- Feinstein Mikulski Whitehouse ity and minority? haul of a law that dates back to 1988. Franken Nelson (NE) Wyden The PRESIDING OFFICER. The ma- This bill puts in meaningful con- NAYS—38 jority has no time remaining. The mi- sequences for countries that do not ad- Alexander Grassley McConnell nority has 2 minutes. dress their currency manipulation. Ayotte Hatch Moran Mr. SCHUMER. They are much bet- All of that being said, I have to say I Barrasso Heller Murkowski ter at this than we are. do not support the way this bill is Blunt Hutchison Murray Mr. SESSIONS. I will yield the 2 being brought to a vote. While I want a Boozman Inhofe Paul Cantwell Johanns Risch minutes to Senator SCHUMER. vote on this bill and I want to vote for Coats Johnson (WI) Roberts Mr. SCHUMER. All four of us have this bill, my colleagues should have the Coburn Kirk Rubio Corker Kyl spoken. Again, I make a plea to my right to offer and debate their respec- Thune Cornyn Lee Toomey colleagues. We have had 8 months talk- tive amendments. The majority lead- Crapo Lugar Vitter ing about debt, and many have said er’s use of cloture to prevent the mean- DeMint McCain Wicker that is the future for our children and ingful debate on motions is unaccept- Enzi McCaskill grandchildren. I think there is a con- able. It is more of the same partisan The PRESIDING OFFICER (Mr. sensus on both sides that is true. I politics that the American people are BROWN of Ohio). On this vote, the yeas argue that this is also about the future tired of. And in this instance, when are 62, the nays are 38. Three-fifths of for our children and grandchildren, be- there is bipartisan support for the bill, the Senators duly chosen and sworn cause if good American companies with the majority leader’s heavyhanded ap- having voted in the affirmative, the great ideas are wiped out in the next 10 proach just doesn’t make sense. motion is agreed to. years—as they will be if China con- That is why, even though I support Mr. REID. I move to reconsider and tinues its predatory practices—the fu- the currency bill, I am voting against lay this matter on the table. ture for our children and grandchildren cloture. If cloture fails, I sincerely The PRESIDING OFFICER. The mo- in this country will not be bright. Our hope we can have a meaningful debate tion is not in order. seed corn, our family jewels are being and still move toward passage of this Mr. REID. I note the absence of a decimated by a plague of unfair com- important legislation. quorum. petition that has been allowed to con- CLOTURE MOTION The PRESIDING OFFICER. The tinue. It is as if we have a plague and The PRESIDING OFFICER. Pursuant clerk will call the roll. some of the leaders of this country, to rule XXII, the clerk will report the The legislative clerk proceeded to whether political or economic, shrug motion to invoke cloture. call the roll. their shoulders and say: That is that. The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- We cannot do that much about this. CLOTURE MOTION imous consent that the order for the In a bipartisan way, we have said we We, the undersigned Senators, in accord- quorum call be rescinded. can do something about this plague. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without We are at the moment of decision. It is Standing Rules of the Senate, hereby move objection, it is so ordered. my belief that if we pass this in a bi- to bring to a close debate on S. 1619, a bill to The majority leader is recognized. partisan way—as we have to; it is the provide for identification of misaligned cur- Mr. REID. Mr. President, if we could way the Senate works—the House may rency, require action to correct the mis- have the attention of the Senate, we not take up our bill exactly, but they alignment, and for other purposes. are now 30 hours postcloture. What the will do something. We will have a con- Harry Reid, , Charles E. Republican leader and I would like to Schumer, Al Franken, , ference committee, and we can get Kay R. Hagan, Robert P. Casey, Jr., do—there is, of course, with what has something done. The odds are quite Richard J. Durbin, Michael F. Bennet, happened procedurally, no opportunity high that when China sees the train , Carl Levin, Kent to offer amendments unless we agree to heading down the track, when their Conrad, Jim Webb, Benjamin L. Cardin, offer amendments, except for the issue ability—I have seen the articles—and I Sheldon Whitehouse, Tom Harkin, dealing with suspending the rules. wanted to read some of them into the Daniel K. Inouye. What we would like to do is have Sen- record—of China urging American com- The PRESIDING OFFICER. By unan- ators work to come up with some panies with plants in China to lobby imous consent, the mandatory quorum amendments they feel should be of- against this bill. But when China sees call has been waived. fered.

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.010 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6284 CONGRESSIONAL RECORD — SENATE October 6, 2011 Senator MCCONNELL and all of us are that amendments could be offered. I about what we do before we get to the happy to see whether we can work our don’t want to get into a long debate 60 votes, which I think in this par- way through this. I would hope Sen- about that. ticular instance is unfair to the minor- ators would check with floor staff and Mr. MCCONNELL. Would my good ity. see how we can get this done. It would friend yield for a question? I listened Now, my party was divided on this be to my liking to not have to spill very carefully to what the majority issue. Some Members were for it; some over into tomorrow. The highest holy leader said. We interact every day. Members were against it. That meant day of the Jewish faith is tomorrow What my good friend has just said is for sure that at some point 60 votes starting at sundown. There are a num- that he would be more than happy to were going to be achieved and it was ber of people who wish to leave to be have amendments he gets to pick. He going to pass. The problem, I would say able to be home with their families on gets to pick what amendments we get to my good friend, is what we did be- that day, but we have to finish this leg- to offer. That is not, I would say to my fore then, which has the practical ef- islation this week. I would like to do it good friend, the view of the minority as fect of putting the minority in the po- today if we can. to how we ought to operate. We ought sition where it gets no amendments at People should have an opportunity to to be able to determine what amend- all or is, once again, at the sufferance offer amendments, give a little speech ments we are going to offer, not my of the majority with motions to sus- or a big speech—whatever they feel is good friend the majority leader. What pend at the end, in which we are basi- appropriate—and we can vote. I am he is saying, in effect, is, yes, he would cally—the majority determines how happy to do that. I have called off the be prepared to allow us to offer amend- many we get, and all of that. quorum, people can talk, and in the ments, but he would select which of This level of control is not necessary, meantime the floor staff will be wait- our amendments might be appropriate. in my judgment, in order to make the ing to hear from you as to what we can That is not a place that the minority, Senate move forward because, I will do regarding amendments. no matter which party is in the minor- say again before I yield the floor, if 60 The PRESIDING OFFICER. The mi- ity, would like to find themselves. Senators are in favor of bringing a nority leader is recognized. The PRESIDING OFFICER. The ma- matter to a conclusion, it will be Mr. MCCONNELL. Mr. President, I jority leader. brought to a conclusion. That is what would only add that the practical ef- Mr. REID. Mr. President, we have just happened a few minutes ago. fect of where we are, not having been tried to set up a system here that is So I hope we can move forward in a allowed to offer any amendments dur- fair. Fair is in the mind of the person more orderly process in the future, and ing the consideration of this bill, is we who says ‘‘fair,’’ and I understand that. maybe we can work out some agree- are left with motions to suspend. As We have had an open amendment proc- ment to have motions to suspend this the majority leader indicated, we are ess here, and that has led, because of afternoon that will not require us to be going to have some discussions about the intransigence of the Republicans, here tomorrow. how many motions to suspend the ma- to getting nothing done. Offer an The PRESIDING OFFICER. The ma- jority will, shall I say, tolerate. The amendment, and there is no way to get jority leader. bad part of all of this from the Senate’s rid of it. So the system we have on this Mr. REID. The Republican leader and point of view as an institution is that bill may not be the best in the world, I came here about the same time. I re- the minority is put at a substantial but with what has been going on in the member the good old days too. But ev- disadvantage. Senate, sometimes we do the best we eryone who follows government at all Having said that, as the majority can with the tools we have. There was knows that during the last Congress leader indicated, the floor staff is going no way of managing this legislation and part of this one, the No. 1 goal of to work together and see whether we other than how I just described it. Peo- Republicans has been to stop legisla- can come up with some list of motions ple can imagine what this place would tion from moving through here—look to instruct that will at least allow the have been like had we had a simple at what has happened this year—and minority to have some voice in the ‘‘anybody can offer anything they they have been fairly successful doing course of the consideration of this want’’—get the troops out of Afghani- that, I have to acknowledge. piece of legislation. stan and on and on with all the many I have said publicly, and I say here The PRESIDING OFFICER. The ma- things people would have done in this today, I admire my friend, the Repub- jority leader is recognized. legislation. lican leader, because he was very can- Mr. REID. Mr. President, there are a So without ‘‘he said, she said,’’ or I did with what his goal is in this Con- number of things we can do. We can do guess in this instance ‘‘he said, he gress: to make sure President Obama is the motions to suspend. We are happy said,’’ I think what we should do is try not reelected. That has been their goal. on this side to, with consent, just do to finish this legislation today. The As a result of that, legislation has been amendments. That is fine over here. motion to suspend has been filed. That very slow moving, and we have not I don’t want to get into a long de- is fine with us. Let’s try to work been able to legislate as we did in the bate, but I have been in a situation through as many of those as we can good old days. during the entire pendency of this leg- and see if we can finish this today; oth- So let’s now try, with the situation islation to have amendments allowed. I erwise, we will finish it tomorrow. in which we find ourselves, to work said that yesterday. I have no problem The PRESIDING OFFICER. The Re- through this on a bipartisan basis. This with that. The problem we had is that publican leader. is a good piece of legislation. Let’s see the Republican leader offered the Mr. MCCONNELL. Mr. President, I if we can get through these amend- President’s jobs bill in a form that is would only add the way the Senate ments. I am confident we can. We have not the President’s jobs bill. I told him used to work was the majority didn’t two outstanding floor managers for this morning: If you want to vote on pick the amendments the minority both Senator MCCONNELL and for me in that, fine. We will do that. We will chose to offer, but there was some abil- Gary Myrick and Dave Schiappa. They have a vote on that today. It can either ity to determine whether it got a vote do great work. They are going to try to be a motion to suspend the rules or it because any Senator could prevent a sift through all of this stuff and put us can be a regular amendment. I feel that time agreement on the opportunity to on a pathway they can show Senator way about all the motions to suspend get a vote on an amendment. So it MCCONNELL and I will work and, if that have been filed. wasn’t totally freewheeling. Then at folks agree, we will get out of here There are times when I accept the some point, if 60 Members of the Sen- today; otherwise, we will do it tomor- blame of not allowing amendments. ate thought we ought to move to con- row. There are times that certainly I am clusion, we would. It was a much more Mr. MCCONNELL. My good friend re- willing to take that burden of being orderly and open process, leading to ferred to ‘‘the good old days.’’ The good criticized but not on this one. Not on the same result, which is that if 60 old days weren’t that long ago. I can this one. I have said publicly and I Members of the Senate wanted to end remember just a few years ago when have said privately to the different the matter and bring it to a conclu- my party was in the majority in this Senators, Democrats and Republicans, sion, they could. So my complaint is body, and I was the assistant leader,

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.015 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6285 making the point with great repetition construction companies and contrac- jobs just in Washington to upgrade the while listening to a lot of grumbling tors hiring private individuals, workers Kulluk drilling unit which will be uti- that the price for being in the majority to work on those jobs—good-paying lized in Alaska or the 1,000 jobs in Lou- is, you have to take bad votes; you jobs to provide good incomes for their isiana to build a new Arctic supply ship have to take votes you don’t like in families. The same is true that the jobs right now. order to get legislation across the floor act will offer for Alaska around $62 So when we look at the potential, and finished. million for school construction. and when we look at the opportunities So this is not ancient times we are As I travel around my State—and I in the Arctic for oil and gas develop- talking about where the minority actu- am sure for many other States—the ment, it creates American jobs, Amer- ally got votes, took votes, and were not need is strong for improvements to and ican jobs not only in the Arctic in shut out. I hope we can move back in expansion of schools for those that Alaska but also throughout the coun- that direction. I think it would be a lot have been there for many years and try where many of the facilities or the better for the Senate. have not had the renovations nec- material utilized is located to con- Mr. REID. Mr. President, I am not essary, again, providing hundreds and struct what is needed, such as in Wash- going to argue with my friend. The hundreds of jobs. ington State and Louisiana, as I men- record speaks for itself. We know what The jobs act also has some good steps tioned. has happened. I repeat, we are where to deal with small businesses—how to Also, Federal revenue would be gen- we are today, and that is what we have ensure they get a break off their taxes, erated. The Chamber of Commerce has to do to move forward on this most im- to ensure they have a benefit as we try estimated that developing and increas- portant legislation. I will do my best to to move this economy forward. The tax ing production on Federal lands could cooperate and allow the Senators to provisions, the payroll tax reduction, produce well over $200 billion in new have votes on issues they believe are which would affect 20,000 Alaska busi- revenues to our country. important. nesses in a positive way, will reduce An Alaska analysis puts the Federal The PRESIDING OFFICER. Cloture their tax burden, as well as working revenues just for Beaufort and Chukchi having been invoked, the motion to re- families, who will see a reduction in Sea at $160 billion. For those who are commit amendments thereto fall as their payroll taxes. not familiar with where those are, being inconsistent with cloture. On average, for a middle-class fam- those are just above the North Slope in The Senator from Connecticut. ily, it would be almost $2,000—not a the Arctic. These have a potential of Mr. BLUMENTHAL. Mr. President, I bad gift, in a sense, as we move into well over 24 billion barrels of oil devel- note the absence of a quorum. The PRESIDING OFFICER. The this holiday season. But it is really opment in the known technically re- clerk will call the roll. their money. Giving back this $2,000 to coverable reserves today—upwards to The assistant legislative clerk pro- middle-class families means they will 24 billion, 26 billion. ceeded to call the roll. put it into the economy. They will I will tell you I do support—and I un- Mr. BEGICH. Mr. President, I ask spend it in the economy. They will use derstand in the original proposal they that the order for it as they see fit. wanted to take away some of these tax the quorum call be rescinded. However, I wish to lay down a mark- incentives that help our industry move The PRESIDING OFFICER. Without er. As I have said, the jobs bill is im- forward, especially the smaller compa- objection, it is so ordered. portant for the roads and water and nies to expand exploration and develop- THE JOBS ACT sewer and ports that need to be re- ment. I recognize that tax reform needs Mr. BEGICH. Mr. President, as were paired and renovated and expanded, the to be done, and I am a strong supporter many of my colleagues, I was back schools that need to be built or ex- of tax reform. Senator WYDEN and Sen- home last week talking, in my case, to panded and repaired also, as well as the ator COATS and I have supported a Alaskans, and the issues on their benefits to our small business commu- piece of legislation that is all about tax minds are pretty simple: the economy nity and the benefits to our middle- reform. I believe in a holistic proposal, and jobs. Alaska has fared better than class working families—all important. not just selective industries. So do not most States over the last 2 years, but But how we pay for it is also important get me wrong. Do I believe in tax re- no matter where I go—maybe a small because we have to make sure it is paid form? Do I believe in trying to clear convenience store, while I am driving for. But I wish to put down a marker out loopholes and incentives that are around town or at Home Depot, a gas on at least the first proposal that was not working or may be used improp- station, or wherever I may get a laid down regarding how the President erly? Absolutely. Again, that is why we chance to engage with Alaskans—peo- was planning to pay for this. supported a much broader perspective. ple are concerned about the economy Let me first start with the oil and But in pay-fors or tax proposals to pay and the ability for jobs to be created in gas industry. The oil and gas industry for the jobs bill, this is not the right this great country of ours. for Alaska is about 85 percent of our approach. Alaskans know the economy will economy in the sense that the money Another concern I have is on avia- take some time to turn around. That is goes into our State treasury and pro- tion. Alaska has 6 times more pilots why today I am pleased to talk a little vides well over 40,000 jobs. Nationwide, and 16 times more aircraft per capita bit about the jobs act before us this the oil and gas industry produces over than any other State in the country. week and, hopefully, while moving for- 9 million jobs and contributes over $2 Alaska has limited road infrastructure. ward we will spend some time on the trillion to our economy. Eighty percent of our communities are debate about how important this work I know some of my colleagues on my accessed not by roads but by water or will be. side of the aisle like to blast Big Oil. air. So it is critical we have the right Last week when I was in Alaska, I But as we know, the oil and gas indus- kind of aviation system. had Transportation Secretary LaHood try is made up of hundreds, well over General aviation is not a luxury in in Alaska, and we had a chance to trav- 500 companies of all sizes—small, me- Alaska, it is a necessity. It is our high- el around and get a good sense of what dium-sized, and large. Singling out a way in the sky. That is the utilization is important to Alaska with regard to growing industry and imposing a tax of our airlines and small planes. The ports, roads, airports, and rail. The penalty, in my view, is the wrong general aviation component is critical core infrastructure of our State is no choice. It is the wrong road to go down. for business, life safety, moving things different than any other State. It is We need to recognize the potential for from one village to another. critical that we repair, put into shape, more job creation instead by sup- One piece of the President’s jobs bill some of the facilities that are falling porting increased domestic oil and gas would change the way businesses can apart or, in some cases, expand them. development. treat the depreciation of general avia- The jobs act alone would mean $200 By developing Alaska’s Arctic off- tion aircraft and create a disincentive million to repair Alaska’s transpor- shore resources alone, we can create to buy American-made aircraft and fur- tation network. over 50,000 jobs nationwide over the ther depress an industry that has al- As one can imagine, that $200 million coming decade, jobs being created right ready felt a significant impact due to will be spent in the private sector by here in our country. As an example, 400 the recession.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.016 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6286 CONGRESSIONAL RECORD — SENATE October 6, 2011 The administration and Congress I agree we need to do what we can to I would say the policy we had—de- should not be demonizing legitimate have a jobs bill, but let’s have a fair spite the naysayers, the negative atti- business travel. General aviation is pay-for in order to pay for it, not these tudes people had on the other side— more than just business jets. I know we additional taxes that I think would be worked. Maybe the Wall Street Journal like to read about it and see it in pa- a burden on working families and small is wrong, but I do not think so because pers and that is what people like to businesses. I have seen article after article that highlight. But in Alaska it is about Mr. President, I would like to digress states the same. I can point to many moving from one community to the for one last second before I yield the others. other. This would impact the turbo- floor to speak on another issue. It is al- Is it as robust as we want in the prop aircraft which are the workhorses ways enjoyable. I read every business economy? No. Can it do better? Abso- for Alaska’s general aviation fleet. newspaper I can. I try to read every lutely. That is why the jobs bill is im- Another administration proposal business magazine I can. I want to ab- portant—important for my State, im- would impose a $100-per-flight user fee sorb as much information as I can portant for every State, investing in on certain general aviation aircraft. when I am here in Washington during the issues that matter: water, roads, This is not a wise or even cost-effective the sessions and workweeks and then sewers, electrification, schools, you way to administer a tax. General avia- when I go back home, hearing from in- name it, putting money back into tax- tion users pay their fair share now. dividuals. But it is amazing to me—and payers’ pockets instead of the IRS tak- They pay for the aviation system I know on the Senate floor we have our ing it and hoarding it, putting it back through a per-gallon tax on their avia- philosophical debates. We saw some of where it counts. That is what the jobs tion fuel. that just a little bit ago on the old bill does. As a matter of fact, the general avia- days versus the new days. I have never We have disagreements on how to tion industry has even agreed to a seen the old days. I have been here only pay for it. I think we are going to get modest increase in this fuel tax as part 3 years, and this place has not run very to a better solution because several of of the FAA, Federal Aviation Adminis- well in the sense of trying to get things us—more the moderate wing of the tration, reauthorization bill which Democrats—are arguing that we can- passed the Senate earlier this year. It up and dealt with. But I will tell you, Mr. President, not have these selective taxes the way shows their commitment to pay their some of the positions you have taken they are laid out in the proposal pre- fair share, but in an efficient way, and and I have taken and many on this side sented by the President. We need to also puts it back into aviation, which of the aisle have taken have been a lot is what in our State is, again, as I said, have a more simplified system and pay of votes that have helped move this the highway in the sky to move goods for it in a different way but not penal- and people all across our State. Again, country forward. I will tell you one ize certain companies because maybe I think the idea the administration has specifically which is about the auto in- we do not like them or it creates a of a $100-per-flight user fee is just an- dustry. great headline. But let’s focus on the As I was sitting here waiting for the other burden, another fee, another tax right way to do this. debate, I was looking through these ar- that is not necessary and very ineffi- I anticipate we will be able to have a ticles. Here is one from yesterday from cient. different pay-for, a different proposal As we think about job creation and the Wall Street Journal, which is not on how to pay for a great potential to what is going on, the other piece of the most liberal newspaper, to say the bring more jobs back. But I end on that this I am concerned about as to the least. But if we recall, a couple years note only because I want to make taxes that are associated with this idea ago we made a decision that we were sure—I know we are going to hear more of the jobs bill—which I support ele- going to take some risk, we were going naysaying, but the bottom line is the ments of, as I mentioned; very impor- to try to move the country forward, proof is in the pudding. That article I tant—but the issue when it comes to save an industry that was struggling just read from gives us that. limiting the itemized deductions for that employed people in this country Mr. President, I, again, thank you for charitable contributions and mortgage and was competing worldwide. the time and the opportunity to say a interest for families earning over Folks on the other side said we were few words about the jobs bill, my con- $200,000, again, I think this is not a going to create a disaster by our ac- cern, where I want to lay my marker well-founded idea. I recognize the ad- tions, we would destroy the economy, down, but also to speak about the suc- ministration is trying to find ways to we would sink this industry. The list cess we have had on taking some votes pay for things, but this is not, in my went on and on—all the complaints. that were tough votes and the success view, a good idea or a smart move. But as I read the headline in the Wall we have had to move this economy for- When we think of a family, some Street Journal from yesterday, it ward—not as fast as we all would like, might say: A family making $200,000 is reads: ‘‘Automakers Now Import but better than I think what the folks wealthy. I will tell you, if they have a Jobs.’’ said on the other side who just say nay, couple kids in school and are trying to ‘‘Import jobs,’’ what does this mean? say no to everything. figure out their future, after they fig- This means they are bringing jobs back So let me end there, Mr. President. ure out the deductions, their health to this country. They specifically men- I yield the floor back and suggest the care costs, and everything else, $200,000 tion Japan and China. absence of a quorum. disappears very quickly. We need to en- Now, 3 years ago, I could read a dif- The PRESIDING OFFICER. The sure that the deductions for mortgage ferent headline: Auto Industry on clerk will call the roll. interest and charitable contributions Their Deathbed, never going to survive. The assistant legislative clerk pro- continue for these middle-class fami- Maybe we would only have one auto ceeded to call the roll. lies at the level they can take a benefit company left. We now have three. Ac- Mr. SANDERS. Mr. President, I ask from. tually, if we look at the numbers, unanimous consent that the order for So for those three or four items I Chrysler is 27 percent up over the pre- the quorum call be rescinded. have a concern with the way the pay- vious year in sales; GM, 20 percent up; The PRESIDING OFFICER. Without fors or the tax increases to pay for the Ford, 9 percent up. The American auto objection, it is so ordered. jobs bill are being handled. I know industry is doing well because of what UNEMPLOYMENT CRISIS there is new discussion. I am glad there we did here. Mr. SANDERS. Mr. President, this is new discussion because it would be Some called it a bailout. I disagree. country faces many problems. But I difficult for me to support any jobs bill What we did was partner with industry think if we go out on Main Street, if we with a pile of these new taxes or tax in- to help them get over the hump, the re- go out to rural America, if we go to my creases that are being proposed. This cession, the struggle. They are paying State of Vermont, what people will tell would not be in the interest of my con- back every dime the Federal Govern- us is, the major crisis we face is we stituents in Alaska. It would not be in ment loaned them, and they are profit- have a massive problem with unem- the interest of my industries that work able. They are hiring people. They are ployment. hard in Alaska, creating jobs not only growing the industry, and they are Some people will suggest that unem- in our State but across this country. bringing jobs back to this country. ployment is 9 percent in this country.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.018 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6287 That is not quite accurate. If we look can pull the middle class out of the ter- portunities, we have to be willing to at the numbers for those people who rible recession they are suffering. work together. This week we saw a have given up looking for work, if we I think the job is a major jobs pro- long-awaited but still a real example of look at the numbers for those people gram now for our country, rebuild our that kind of bipartisanship when Presi- who are working part time when they infrastructure, transform our energy dent Obama submitted the three pend- want to work full time, we are looking system, ask the wealthiest people in ing trade agreements. They have been at a situation where 16 percent of the this country to start paying their fair pending for 3 years and we have lost American people are unemployed or share of taxes. Let’s end many of these opportunities in those markets for 3 underemployed. That is 25 million tax loopholes and breaks that large years. But in fairness to the President, Americans. corporations have. We can fund a seri- for at least the first 2 of those 3 years, The job of the Congress now is to ous jobs program and put millions of the House of Representatives would not start putting those people back to our people back to work, which is have passed these agreements. But work. That is what we have to do. something we absolutely have to do. they would pass them now, and they There is an enormous amount of work I yield the floor. will pass them now, and so will the that needs to be done. Virtually every The PRESIDING OFFICER (Mrs. Senate—I am hopeful as early as next American who gets into his or her car HAGAN.) The Senator from Missouri. week. That creates opportunities in understands that our infrastructure is JOBS CREATION Missouri, where I am from, and across crumbling; that is, roads and bridges. Mr. BLUNT. Madam President, as we the country. Talk to mayors all over Vermont and discuss what we should be talking I have worked closely with our col- in the United States of America, and about—how to get more people back to leagues. Senator PORTMAN and I put a they will say they are having major work—there are a lot of different ap- letter together from Republicans who problems with their water systems. If proaches on how we get there. But I told the White House we are willing to we look at our rail system in this coun- hope we can reach the decision that we work on the trade adjustment assist- try, it is way behind Europe, Japan, need to do the things in government ance as part of the package, if that is and China. We need to rebuild public that allow private individuals to make what it takes to get these trade agree- transportation and have a 21st-century the decisions they make to create jobs. ments sent to the Capitol. And we did. rail system. Our Federal debt has reached, of Those trade adjustment agreements So if you put people to work rebuild- course, a record high. It continues to have now passed the Senate and are ing our crumbling infrastructure, re- grow every day. National unemploy- ready to move forward with the trade building our transportation system, ment is lingering around 9 percent. bills. These free-trade agreements you are going to make the United Home prices have plummeted in almost would mean an additional $21⁄2 to $3 bil- States of America more productive, every community in America. Gas lion in agricultural exports every year. you are going to make us more com- prices and health care costs have sky- Every billion dollars of agricultural ex- petitive internationally, and you are rocketed. ports is an estimated 8,000 new jobs. going to create the millions of jobs we On the energy issue my friend from These are the places where we can get desperately need. It is stunning to me Vermont was talking about, the short- the jobs: trade, travel, tourism, energy. that we have not moved aggressively in est path to more American jobs is more This is not that complicated a formula, terms of job creation. That is exactly American energy. I am not opposed to but the government cannot continue to what we have to do. any of the green jobs he was talking stand in the way of all of those things If we put $400 billion into infrastruc- about. I wish to see us have all of those moving forward. ture, we can create millions and mil- jobs, if they can eventually be a com- In Missouri, exports accounted for 5.4 lions of good-paying jobs, we can make petitive part of an energy environment. percent of our gross domestic product our country more productive and more I think they can. But I think we should in 2008. Companies in our State sold internationally competitive. Every sin- also focus on the jobs that power products in nearly 200 foreign markets. gle year we are importing and spending America today. Since 2002, exports have increased about $350 billion on foreign oil, bring- Even if we knew what the country three times faster than the rest of our ing that oil in from Saudi Arabia and was going to look like energywise 30 economy. That is one State in the mid- other foreign countries. As we move to years from now, it would take a long dle of the country working to be com- energy independence, as we break our time to get there. I am for more Amer- petitive in the world. dependence on fossil fuels, moving to ican energy jobs of all kinds. For 50 The passage of these trade agree- energy efficiency and sustainable en- years we have not met the marketplace ments will increase trade for soybeans, ergy such as solar, wind, geothermal, need with what we could produce. But for beef, for corn, for pork, for dairy biomass, we can create millions more the marketplace need is always there. products, for processed food, for fish, jobs. It is always there in a bad economy, it all of which we produce in our State, It seems to me at a time when the is always there in a good economy. plus all kinds of manufactured prod- middle class is disappearing, at a time Let’s meet that need. Certainly that ucts which in South Korea, in Colom- when poverty is increasing to a record- can mean more solar and more wind bia, and Panama, given the choice of breaking level, at a time when people and more biofuels and more anything two products on the shelf, the Amer- in every section of the country are say- else we can think of. It also needs to ican product is still a product that con- ing we need to put our people back to mean more shale gas and more shale sumers in those countries will choose work, now is the time to do that. oil, more using the fossil fuel deposits even with some disadvantage. Imagine Last year I introduced the concept such as coal that we have as we move what will happen when we eliminate which said, let’s have a surtax on mil- toward a different energy future, and more of that disadvantage. lionaires. The reason I said that is the to do that in a way that allows us to This week the bill on the floor—I wealthiest people in this country are continue to be competitive. think this bill that concerns me about becoming wealthier. Their real effec- If our utility bill doubles in the mid- managing China currency, but only if tive tax rate is the lowest in decades. I dle of the country where the Presiding the President does not disagree with am very pleased to see that the Demo- Office of the Senate today and I are what the Congress has passed—has cratic leadership is moving forward in from, we are not as competitive, and I much greater potential to start a trade that direction. don’t think we lose the jobs we lose to war than it does to solve any given As we create the jobs we need by re- Massachusetts or to California. I think problem. I am not here to defend the building our infrastructure, by trans- we lose those jobs to places that care a Chinese or its leaders or its trade prac- forming our energy system, it is abso- whole lot less about what comes out of tices. In fact, one of those practices lutely appropriate that at a time when the smokestack than we do. where you make a product in China the gap between the very wealthy and At the same time, jump-starting our and there is already a finding that that everybody else is getting wider that we economy will require bipartisanship. If product is somehow unfairly being im- ask the wealthiest people in this coun- we are going to compete in a global ported or exported in the WTO agree- try to help us fund job creation so we economy and help create economic op- ments, and so you put another a label

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.019 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6288 CONGRESSIONAL RECORD — SENATE October 6, 2011 on it that says it is from somewhere farmers cannot let dust from their I suggest the absence of a quorum. else, sometimes called transshipment, farm go to another farm. I was raised The PRESIDING OFFICER. The Senator WYDEN and I have a bill, the on farms and around farms. You cannot clerk will call the roll. ENFORCE Act, that would deal with farm without dust. You cannot harvest The bill clerk proceeded to call the that, and it deals with that specifi- a crop without dust. You cannot farm roll. cally, directly, and actually will in the mud. You cannot contain the The PRESIDING OFFICER. The Sen- produce a result. I look forward to that dust that is part of farming. It is the ator from Oregon. bill being on the floor. kind of rule that simply does not make Mr. MERKLEY. Madam President, I I am proud to cosponsor Senator sense. ask unanimous consent that the order HATCH’s alternative to the bill that is There is a rule on boilers that would for the quorum call be rescinded. on the floor this week that, in fact, is impact universities and hospitals as The PRESIDING OFFICER. Without objection, it is so ordered. multilateral. It involves other coun- well as sawmills and other facilities Mr. MERKLEY. Madam President, I tries plus the WTO, plus the IMF, in a that generate their energy from indus- discussion that might actually produce rise today to speak about the issue of trial boilers. creating jobs in America—more specifi- a real result of what the various coun- There is a cement regulation. cally, the loss of jobs that has been tries in the world, including China, are We are not going to have the kind of driven by the unfair trade practices of doing as they manage their currency in recovery we want in this country with- China. The bottom line is this: Chinese ways that may not be found to be fair out a recovery in housing. in the foreign marketplace. The House recently passed a bill that manipulation of currency is a tariff on American products and a subsidy to But we need results. We do not need would require the administration to Chinese exports, greatly legislation purposes of using up time evaluate the economic toll of the new disadvantaging manufacturing in when we have so many important EPA rules on cement and other indus- America and destroying thousands of things we could be doing. I have co- tries. The House also is set to take up sponsored the Affordable Footwear Act American jobs. a bill that would delay the cement When we look at our challenge, it is with Senator CANTWELL. That will ease rules for at least 5 years. You are not the tax burden on American consumers not to simply strengthen the overall going to have a construction industry economy, often measured by the gross who unknowingly pay up to 40 percent if you do not have access to products duties on retail costs that cover this domestic product. Our challenge is to that make sense to build things out of. strengthen the American family, the fi- import duty or the shoe tax on shoes I have said for some time that we made outside the United States. All of nancial foundations that depend upon a ought to have a moratorium on all of good living-wage job. So every proposal those bills represent ways we can level these regulations. In fact, I am cospon- the playing field for American workers, we consider should be weighed by soring Senator COLLINS’ bill to call a for American job creators, and spur whether it creates jobs or destroys timeout on new major regulations and jobs. That is true in times of a robust economic growth right here at home. give employers the certainty that they Another topic we should be focused economy. It is particularly true now need to create new jobs in an environ- on is Federal regulation and regulation when we have a persistent high unem- ment that they understand what it is that simply does not make sense. I ployment rate, when families have have met lots of job creators in Mis- going to be like as those jobs have a been battered not just by the loss of souri even this year, and certainly in chance to become permanent jobs. jobs but by the loss of equity in their This is an easy solution to help job past years. But this year more than homes, by the loss of their health care creators. But instead, we are talking any other, they want to talk about the that went with their jobs, by the loss of about the jobs bill. Almost all of the regulators. They want to talk about their retirement savings—all of these the air rules, the utility MACT rule, President’s speeches on the jobs bill at a time when the price of things fun- the cross-State air pollution rule, that are in politically competitive States. I damental to families keeps going up. could cause as much as 15 percent of am wondering if that is not a 2012 po- There are many who looked to the our coal-producing energy plants to litical strategy instead of a 2011 legis- opening of China as an opportunity to shut down. When they shut down, that lative strategy. have a vast market for American prod- means the price goes up. I know it is a There are 1.7 million fewer American ucts. Indeed, many continue today to philosophy of many in the current ad- jobs since the President signed the first talk about China in terms of the mar- ministration that our problem is that stimulus bill into law. We do not need ket opportunities for American prod- our energy is not expensive enough, stimulus 2. We need to do the things ucts. But the picture has changed dra- but I do not find any Missouri families that encourage private sector job cre- matically over the last decade, and we, who are sitting down at the kitchen ators to create private sector jobs. as policymakers here in the Senate, table looking at their utility bill and Let’s vote on the bill. Instead of this must recognize that change: that China saying, the problem here is this bill is debate we are having this week on has become a vast manufacturing en- not high enough. What we need to do to China currency, let’s vote on the Presi- terprise, that it has done so through a solve our energy problem is raise this. dent’s bill. He said in, I think, Dallas deliberate manufacturing and export Nobody is saying that—even though last Tuesday, late morning in Dallas: strategy, and that strategy is destroy- the cap-and-trade legislation that Let the Senate at least vote on the bill. ing jobs in the United States of Amer- passed the House in 2009 would have So the minority leader, Senator ica. doubled the utility bill in Missouri in MCCONNELL, came to the floor and said, Over the last 10 years, China has about 12 years. let’s vote on the bill. We are ready on reaped benefits, but it has not upheld A lot of things work at today’s util- our side. Let’s vote on the bill. Let’s its end of the bargain. Indeed, one piece ity bill that do not work later. Under get beyond the ‘‘pass the bill,’’ let’s see of the deal is that they would create a the new EPA regulations on cross- if the votes are there to pass the bill so rule of law that they would enforce re- State air pollution, the Ameren Elec- we can get to the things that will get strictions on the theft of intellectual tric Company announced that they will the country going again. property. But I can tell you that when be forced to close two of their coal- These regulations and this talk of we took a bipartisan delegation to fired plants by the end of this year. Not higher utility bills and higher taxes China earlier this year, led by the ma- modify, not redo, close. The only thing put a big wet blanket on the entire jority leader, company after company that makes sense is to close those economy. This discussion of who we are told us the stories of their products plants. The people who get the utility going to be puts a big wet blanket on being stolen by Chinese enterprises, bill will know those plants are closed the entire economy. Let’s take that and not just the design of their prod- because they are going to be paying a blanket off and do the things at the ucts that were then replicated and sold higher price. Electric rates could rise government level that allow private without the appropriate patents but 20 percent in some areas in a very short job creators to do what they can to cre- also the software. time. ate private sector jobs. I hope we can If you want a simple example of this, Fugitive dust. There is actually a get on with the business the country take Microsoft Windows and its prod- rule the EPA is talking about where needs to get done. ucts and its Office suite. Only about

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.024 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6289 half of the copies used by the official the world, for China’s trading partners, for from the deliberate distortion of the government in China are legal copies, China, for us, to try to alter that basic prac- international trading regime that was and outside of the government, only a tice. supposed to benefit both nations but, very small fraction of the copies are Well, certainly we have the Secretary in fact, has become a powerful inter- legal copies. That is just the beginning of the Treasury echoing that we have a national tool for stealing jobs from the of the vast intellectual theft where challenge that is hurting America and United States of America and under- China has not upheld its end of the bar- that we need to respond to that chal- mining the success of the American gain to create a rule of law and stop lenge. That is why we have this bill on worker. the outright thievery of American in- the floor addressing the Chinese manip- Let’s take a look at paper. Just a few tellectual property, damaging Amer- ulation of currency. months ago, Blue Heron, a company ican companies. This is not the only strategy China that has operated for nearly a century Second, we have the Chinese-pegged uses. They also, through their use of in Oregon, shut down. It is a paper currency. Now, when a country pegs its rules, use a strategy of holding down company. They shut down for one sim- currency to another, as they have their interest rates below the inflation rate. ple reason: because the Chinese cur- currency to the dollar, they can do so This means any Chinese citizen who rency manipulation and the Chinese di- and adjust it periodically according to puts their money in a state-controlled rect subsidies to those who manufac- market influences; they can decide to bank—and that is the only option they ture paper for export in China com- end the pegging and let it float, which have—loses value every year on that pletely undermined the market for then you get a real market valuation money. This is sometimes given the manufacturers in the United States. So or they can deliberately keep printing fancy name of ‘‘financial repression’’ the lives of these American workers money to sustain a situation in which by economists—where they repress or are destroyed. The workers owned Blue the currency is undervalued. And that hold down the interest rates. But let’s Heron. When they got notice they were is exactly what China has done. When call it something a little more under- going to have to shut down because of they make their currency cheap, what standable: insurance rate manipula- these Chinese subsidies and Chinese they do is make their products much tion. That is done in order to allow the currency manipulations, they basically less expensive to other nations. That is central bank—the Chinese banking sys- were completely out on the street—no equivalent to subsidizing their exports. tem—to reap great revenues, which health care after the Friday they shut When they make their currency cheap they can then take to subsidize their down, no severance payment. Indeed, and make dollars very expensive, it is manufacturing. They do this through a they are having to start from scratch— equivalent to putting a tax on Amer- series of grants and through a series of workers who are 40, 50 years old start- ican products, a tariff on American subsidized loans. ing from scratch—in an economy where products. An American entrepreneur was in my there are no jobs to be found. But they While much of America has thought office the morning before yesterday are not alone. Paper companies across of the World Trade Organization as one talking about how an individual he the United States have been shutting that created a platform for free trade knows went to China and started out down for exactly the same reasons. or even a level playing field, that is far negotiations with China, where they Let’s take the case of wind turbines. from the truth. The truth is that China offered him a 3-percent interest rate on Wind turbines imported into China are has been allowed to sustain a pegged money to operate his enterprise. They subject to a 10-percent tariff, while currency that puts the equivalent of a ended up offering a negative 3-percent wind turbines imported into the United 25-percent tariff disadvantage to Amer- interest rate. In other words, they States are subject to only a 21⁄2-percent ican products and a 25-percent subsidy would pay him to take the money in tariff. Why do we—on top of everything to Chinese products. order to bring that manufacturing to else I have noted—add to the injury by There are those in this Chamber who China. In other words, take his plant putting a lower tariff on their imports have come to this floor and said that to out of the United States and bring it to than they put on ours? challenge the Chinese tariff on Amer- China. They would pay him to do that. Can someone in this Chamber explain ican products is to launch a trade war. That is a vast subsidy. to me why shutting down manufac- My friends, do you not realize that the That is not the only subsidy. The turing in the United States and open- Chinese tariff on America is a trade grants, the subsidization of water ing manufacturing in China and piling war and that they are winning this war costs, and the subsidization of elec- on lower tariffs on a country that is al- and they are destroying American jobs tricity—all these subsidies—have a big ready subsidizing its exports and al- while vastly increasing their own pro- impact. If we go to the WTO Web site, ready putting a tariff on ours makes duction? If not, please go to China and we will see how it summarizes the any sense? I certainly would be very in- talk to American companies and talk structure of the WTO. Under the sec- terested in that explanation. I think to the American companies that have tion called ‘‘Subsidies,’’ they note: the workers in an industry that would been shut down in America. We have [Subsidies] are prohibited because they are otherwise be manufacturing these wind lost 3 million manufacturing jobs since specifically designed to distort international turbines in the United States would be 1998, a little bit over a decade. Not all trades, and are they’re therefore likely to very interested in the explanation. of that is the consequence of Chinese hurt other countries’ trade. China doesn’t give our wind turbines practices, but a great amount of it is. So the plan was, when subsidies were a fair chance to be used in their energy We must not stand by trying to pre- used deliberately to distort inter- products. Let me read this quote from tend that the world is one way and that national trade, they would be out- 2009 regarding the award of contracts China represents solely a market and lawed. Guess what. China is ignoring on Chinese projects. not a manufacturing competitor when this. China is flaunting this. They are . . . all multinational firms bidding on Na- the truth is they are a fierce compet- required to disclose each and every tional Development and Reform Commission itor using industrial policy and a year all the subsidies they provide to projects [were] quickly disqualified on tech- pegged currency to outcompete Amer- their manufacturing, and they do not nical grounds within 3 days of applying. ican products, to penalize American do it. They did it once in 2006, a very In other words, a nontariff barrier in products. minimal disclosure. China was added, on top of everything In terms of the currency manipula- Why is it we continue to believe we else, to make sure that only Chinese tion, our Secretary of the Treasury have a structure that facilitates mutu- manufacturers would have a chance to said this: ally beneficial trade in the WTO when get the contracts. Whatever your definition of manipulation China, through currency manipulation Let’s turn to solar—solar voltaic is, what matters is the currency is under- and direct subsidies to exports, is panels. The whole technology was in- valued. They are intervening— breaking every key aspect of the WTO vented in the United States, but we can Referring to China— framework with hardly a protest from see that over the last 3 years the tre- to hold it down. That adversely affects our the United States? mendous subsidies to solar in China are economic interests, and there is an over- We have on the floor a bill which destroying the American industry. One whelmingly compelling economic case for says we will no longer turn our head of the few remaining manufacturers is

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.026 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6290 CONGRESSIONAL RECORD — SENATE October 6, 2011 SolarWorld. It is located in my State— floor. That is why this bill before us threat—in particular he is an extor- the State of Oregon. In the span of less must be passed—to give the President tionist and, they claim, he is a rapist. than 10 months—from 2009 to 2010— greater leverage and to send a message By the way, they had never said this three major manufacturers shut down, to China that we are now fully paying before until the case came back to destroying hundreds of jobs—jobs that attention at a level we should have a them. By the way, he is also a Zionist, would not be restored. decade ago. The fact we have not paid which in and of itself, according to SolarWorld is incredibly efficient. attention is water under the bridge, them, is punishable by death in Iran. They are working with American tech- but we are paying attention now. If That is where the case stands today. nology. We should be building and sell- anyone cares about having an Amer- There have been reports time and ing these solar panels to the world, but ican middle class, with living wages for again about what has been happening we aren’t going to be able to do so if workers, then I ask them to fully sup- in Iran with this case. His lawyers have China—using their manipulated inter- port this bill. The trade war China has now been publicly saying they expect est rates to produce funds for grants been carrying out, decimating manu- to know by Saturday whether their cli- and subsidized loans—continues to vir- facturing in our Nation, must not go ent will be executed in Iran, quite tually pay folks to ship their manufac- without full debate and a full response. frankly for the crime of not just being turing into China and discriminates I thank the Chair, and I yield the a Christian but of converting others to against American products. I want floor. Christianity. SolarWorld to be there not just next The PRESIDING OFFICER. The Sen- Obviously, this is an outrage. I am year but 10 years from now or 20 years ator from Florida. glad to see that the voices from this from now. That will not happen if we Mr. RUBIO. Madam President, I ask government and from all over the don’t address this massive assault on unanimous consent to speak as in world have expressed themselves American manufacturing. morning business. against it. But I think it is important Because China has failed to disclose The PRESIDING OFFICER. Without for us to express ourselves against it its subsidies, as required under WTO, I objection, it is so ordered. for another reason. This is a time when Americans in this Nation have increas- have proposed an amendment to the IRAN bill—an amendment that will not be Mr. RUBIO. Madam President, I ingly been asked to turn to inter- national bodies to resolve disputes. heard because a deal cannot be worked stand here to talk about the case of an Let’s visit that for a moment because out to allow amendments on this bill. I abuse of another kind than we are cur- we have international bodies and we am very disappointed in that. This rently speaking of with regard to China have international conventions that amendment simply says, if China or and its currency manipulation. Youcef Iran has signed—particularly two. One any other country under the WTO fails Nadarkhani was arrested in October of is the Declaration of Human Rights. to do the notification of subsidies that 2009 in Iran. I will read the charges They signed it in 1948. The other is the is required, our U.S. Trade Representa- against him, pursuant to a document International Covenant of Civil and Po- tive will do a counternotification, put- signed by two judges, and I will say litical Rights. They signed that in 1966. ting those subsidies on the table. That their names because I think one day Any nation that signed on to these cov- way we can see exactly what they are they will be held accountable: Morteza and we can be part of this debate. It is enants—any action like this in the Fazel and Azizoallah Razaghi. I think I courts of your country are unconscion- the beginning of holding China ac- got the pronunciation right. Here is countable for breaking the WTO rules. able, illegal. They violate these agree- what the document says, as reflected in ments. This is not a Democratic amendment a news article: ‘‘Mr. Youcef and it is not a Republican amendment. I hope we will see some action on the Nadarkhani, son of Byrom, 32 years part of the United Nations and nations This is an amendment about the future old, married, born in Rasht in the state such as Russia and China, for example. of the middle class in America, the fu- of Gilan, is convicted of turning his Of course it would be difficult for China ture of the worker in America. I am back on Islam, the greatest religion to speak out against oppressing reli- pleased to have Senator ENZI as my the prophesy of Mohammad at the age gious minorities when they do that chief cosponsor and additional col- of 19,’’ the document states. quite often in that country as well. But leagues from across the aisle—Senator The article goes on to say: that being said, we are interested in BARRASSO and Senator SNOWE. I am He has often participated in Christian wor- seeing where some of these countries pleased on this side of the aisle to have ship and organized home church services, will be on this matter. We are obvi- Senators NELSON, SCHUMER, and LEVIN evangelizing and has been baptized and bap- ously very encouraged that the Euro- tized others, converting Muslims to Christi- as cosponsors. That pretty much spans pean Union has spoken about this mat- the spectrum of opinion in this Cham- anity. He has been accused of breaking Is- lamic Law that from puberty . . . until the ter. We would like to see some of these ber, where everyone agrees China other countries step up. We would like should be held accountable. If they are age of 19 the year 1996, he was raised a Mus- lim in a Muslim home. During court trials, to see the United Nations take a break subsidizing their manufacturing, which he denied the prophecy of Mohammad and from figuring ways to sanction and they are, they have to disclose it, and the authority of Islam. He has stated that he take on Israel and maybe focus a little they are not. We can have a better de- is a Christian and no longer Muslim. During bit on these sorts of things, where peo- bate about how to end their rule-break- many sessions in court with the presence of ple are facing a hangman’s noose be- ing under the WTO if we have that in- his attorney and a judge, he has been sen- cause of their religion. formation. tenced to execution by hanging. By the way, in Iran this sort of thing In closing, I just wish to note that He was sentenced to hanging for this is not just happening to Christians. this debate should have happened a alleged crime, and that is what he has Not only Christians feel oppressed, but decade ago—it should have happened 5 been convicted for. That conviction non-Shiite Muslims experience great years ago—because over that timespan was upheld by an appeals court in oppression. we have continued to hemorrhage jobs, Gilan in September 2010. But here is the greater point. Beyond we have continued to hope China would In July, the Supreme Court of Iran this outrage, let me say I encourage ev- apply the rule of law on intellectual overturned the death sentence. Again, eryone to pray tonight for the safety of property, we have continued to hope this is according to media reports. Youcef Nadarkhani and his family. We they would end their manipulation of They did not overturn the conviction, hope this will resolve itself. We hope, their currency, we have continued to just the death sentence, and sent the in that nation and in that Government hope they would end their illegal sub- case back to his hometown of Rasht. of Iran, there are reasonable people sidies and the undermining of Amer- Here is what has happened since it has who realize what an outrage, what an ican products. Those hopes have not gone back to his hometown. atrocity, what a human rights viola- been realized. China has not chosen to The deputy governor of that province tion, what a crime it would be for this honor the framework that was estab- says, while he is guilty of apostasy, man not just to be sentenced to death lished. So while we hope, American that is not why he was sentenced to but even to be in jail. workers are losing their jobs. That is death. They have come up with some We should be sorry for the people in why we have to have this debate on the new charges. They say he is a security Iran. It is hard to believe that the vast

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.027 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6291 majority of people in that country Government of Taiwan to purchase 66 tion is not a carefully negotiated bipar- agree with us. In fact, they look at F–16C/D models of fighter aircraft. Why tisan agreement. And I hope my col- their government and say: You are iso- is this important? It is important for leagues who shared my concerns—or lating us from the world. all sorts of reasons, one of which Rob- shared the concerns the chairman of If the people of Iran want to know ert Kaplan recently pointed out in an the Finance Committee argued ear- what it is that is isolating them from op-ed in the September 23 edition of lier—will find an opportunity to sup- progress in this 21st century, they need the Washington Post: port this amendment on the merits to look no further than Tehran and the By 2020, the United States will not be able today because I think it is very impor- people running that government. It is to defend Taiwan from a Chinese air attack, tant. sad because I think, going back to 2009, a 2009 RAND study found, even with Amer- The chairman of the Foreign Rela- the evidence is there that especially ica’s F–22s, two carrier strike groups in the tions Committee also argued at the young people in that country just want region and continued access to the Kadena time against my amendment on the to have normal lives and live in a nor- Air Base in Okinawa. TAA bill. He said it was unprecedented mal country. Instead, their country is The United States will not be able to for the Congress to force the White being run by individuals who think this defend Taiwan. So it is very important House’s hand when it comes to foreign sort of thing is OK. that we sell Taiwan, at no taxpayer ex- military sales. The fact is, I remind my By the way, I also point out to lead- pense—it is cash money coming from colleagues, the Taiwan Relations Act ers in places such as Venezuela and the Taiwanese Government to the that passed and was signed into law in other nations of Latin America who so United States that happens to sustain 1979 makes it clear that Congress has a warmly welcome leaders from Iran thousands of jobs right here in Amer- very important role to play. The Tai- when they visit that this is whom you ica—that we sell them these F–16s so wan Relations Act says: are doing business with. I encourage they can defend themselves. The President and the Congress shall de- those people in Latin America to turn Dan Blumenthal, in an October 3, termine the nature and quantity of such de- to their leaders and ask them: Why do 2011, article published by the American fense articles and services based solely upon we have a relationship with people like Enterprise Institute, lists what he calls their judgment of the needs of Taiwan. . . . this? Why are people like this being in- the top 10 unicorns of China policy. He This is the law of the land. vited to come into our countries and do says in the article: Unfortunately, I do not believe the business with us and tour our streets as A unicorn is a beautiful make-believe crea- administration’s policy when it comes heroes? ture, but despite overwhelming evidence of to selling defensive weaponry to Tai- This is who they are. Forget the rhet- its fantastical nature, many people still be- wan, that their agreement that we oric, put everything aside, if you want lieve in them. should just upgrade the existing fleet to know what the leadership and Gov- He lists the top 10 unicorns of U.S.- of F–16s is adequate to meet the de- ernment of Iran is about, it is about China policy. The No. 2 unicorn relates mands of the Taiwan Relations Act. this. This is who they are. I can think to the subject of this amendment, and This chart, taken from Defense Intel- of no other case before us today with it is entitled ‘‘Abandoning Taiwan will ligence Agency public materials, shows regard to Iran that more clearly out- remove the biggest obstacle to Sino- the incredible shrinking Taiwan air lines the monsters we are dealing with American relations.’’ In other words, force. Taiwan’s projected fighter fleet within that government than this case rather than antagonize China, Com- over time goes from roughly 400, as I have outlined. munist China, by selling 66 F–16C/D part of a total of 490 combat aircraft. I believe there is a broader conversa- models to Taiwan, some might suggest As you can see, the F–5 is an obsolete tion to be had about what Iran means. we should withhold and not make that American aircraft, basically because of There is a lot going on in the world, sale, as the Obama administration has needed repairs, replacement parts, and but what is happening in Iran is impor- apparently at least decided to do for it is basically not dependable anymore. tant, and Iran’s neighbors know it. now, because we do not want to antago- The French Mirage 2000, it is esti- Whether they will admit it publicly, nize China. If we antagonize China, our mated, will basically drop off the chart Iran’s neighbors know what a danger relationship will deteriorate. But, as shortly after 2015 or so. Then we see that government and its vision for the Mr. Blumenthal points out, rather than the F–16 A/B models, which the admin- region and the world poses. basking in the recent warming of its istration says we should upgrade, and But I think this case is one we should relationship with Taiwan, China has roughly 150 of those will be basically all speak out about. The eyes of the picked fights with Vietnam, the Phil- the remaining Taiwan air force, down world should be turned to this case. It ippines, Japan, South Korea, and India. from a total of roughly 400 fighters is an absolute outrage, and there is no He goes on to say: today. Actually, the administration’s way in the world we should stand by It doesn’t matter what obstacles the proposed upgrade will essentially take and allow anyone to be silenced or any- United States removes, China’s foreign pol- some of these F–16s offline, a whole one to be silent, particularly our allies icy has its own internal logic that is hard for squadron of F–16A/Bs, during the retro- around the world and other countries the United States to shape. Abandoning Tai- fitting period, further diminishing the and members of the so-called inter- wan for the sake of better relations is yet number of aircraft available for Tai- national community. It is time to step another dangerous fantasy. wan to defend itself. to the plate and condemn these acts be- As my colleagues may recall, I intro- The Taiwan Relations Act was a re- cause Youcef Nadarkhani should not— duced this amendment earlier on the sponsible decision in response to a de- not only should he not be facing a trade adjustment assistance provisions, cision of the executive branch of the death sentence, he should not even be the TAA, and the distinguished chair- Federal Government that Congress in jail. man of the Senate Finance Committee, happened to disagree with. Congress I yield the floor. from Montana, quoted Ecclesiastes to can disagree with the administration The PRESIDING OFFICER. The Sen- make the point that it was not the and force the administration’s hand ator from Texas. right time. He said, ‘‘For every thing when Congress believes it is appro- Mr. CORNYN. Madam President, I there is a season.’’ He also indicated priate to do so. The Taiwan Relations would like to address the Senate on an that my amendment might derail the Act was one example of that. That de- amendment I have to the pending legis- carefully negotiated bipartisan agree- cision was based on President Carter’s lation, which will be familiar to my ment on trade assistance. I did not diplomatic recognition of the People’s colleagues because it is similar to a bi- agree with him at that time because Republic of China and the breaking of partisan bill Senator MENENDEZ of New my amendment was related to trade diplomatic relations with Taiwan. Jersey and I have introduced, a stand- because these F–16s represent an export Congress had a different view and alone bill. It is called the Taiwan Air- for the U.S. economy that creates jobs wanted to make sure the freedom of power Modernization Act of 2011. right here at home, in addition to its the Taiwanese people was secure, so we It does something very simple but importance for other reasons. passed bipartisan legislation which was very important: It requires the United But now the reason for that objection ultimately signed into law by Presi- States to respond to a request by the no longer exists. The pending legisla- dent Carter.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.029 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6292 CONGRESSIONAL RECORD — SENATE October 6, 2011 But what is great about the Taiwan Strait, with China having some 2,300 The assistant legislative clerk called Relations Act and the relationship of operational combat aircraft and Tai- the roll. the United States with Taiwan is it has wan with 490 operational combat air- Ms. AYOTTE. Mr. President, I ask always enjoyed strong bipartisan sup- craft, including 400 fighters, as part of unanimous consent that the order for port. This is not a partisan issue at all. their air force. the quorum call be rescinded. Here is what former Senator Jesse The fact is we know China doesn’t The PRESIDING OFFICER. Without Helms said about it 20 years after the tell the truth when it comes to its de- objection, it is so ordered. passage of the Taiwan Relations Act: fensive and national security expendi- Ms. AYOTTE. Mr. President, I ask It is a bit of a rarity when an issue comes tures. It shows only a fraction of what unanimous consent to speak as in up that brings Jesse Helms and Ted Kennedy it spends as it projects power across morning business for 15 minutes. together. the world to follow its economic needs The PRESIDING OFFICER. Without I never served with Senator Helms. I and interests. objection, it is so ordered. did serve with Senator Kennedy. I can Let me quote the Taiwan defense DEFENSE AUTHORIZATION assure you, from what I know about minister. Earlier I quoted another Tai- Ms. AYOTTE. Mr. President, I rise Senator Helms and his record, that was wanese official. Taiwan’s defense min- today to address the majority leader’s an understatement. ister said: refusal to bring the Defense authoriza- tion bill to the floor. On Monday, the He said: The F–16A/B fleet upgrade package and the Majority leader came to the floor and But this was precisely such an issue. Sen- F–16C/D fighters purchase have different ator Kennedy, Senator Goldwater, and I— needs and purposes. It is not contradictory acknowledged the importance of bring- along with Congressman Wolff, Derwinski to have both cases done. ing the Defense authorization bill for- and others—set out to ensure that after hav- Last Friday, September 30, a member ward. He said, ‘‘It is vital that we get ing their treaty of alliance tossed in the of the House Armed Services Com- to this bill and pass it.’’ trash can, our friends in Taiwan would be I could not agree more. That is why mittee, who happens to be of the other left with far more than the vague verbal it is nothing short of outrageous that party, met with President Ma in Tai- promises the Carter administration was of- the majority leader is blocking this fering Taiwan. So we went to work and the wan. According to the official press re- important bill from being debated and result was the Taiwan Relations Act. lease by the Government of Taiwan, passed by the Senate based on mis- I believe my amendment is a natural President Ma commented that: guided objections that the administra- extension—actually, a fulfillment—of The upgrades of the F–16A/B series aircraft tion has raised to a bipartisan provi- the Taiwan Relations Act and a reaffir- are aimed at extending the life of fighter jets sion in the Defense authorization bill and avoiding a lack of spare parts due to the mation of the bipartisan leadership the which addresses how we detain and Senate has brought, which originally age of the F–16A/B series. Meanwhile, [Tai- wan] wishes to purchase F–16C/D fighter jets treat terrorists who are captured under brought Senator Kennedy and Senator to replace its aging fleet of F–5E fighter jets. the law of war. Helms together way back in 1979. We The American people and our mili- That is in red here, the aging F–5E should not depart from that strong bi- tary men and women deserve better. fighter jets. partisan tradition of supporting our The 2012 National Defense Authoriza- President Ma explained, ‘‘Therefore, ally in Taiwan and providing the defen- tion Act addresses many essential the objectives of the two are different.’’ sive weaponry they need in order to de- issues for our warfighters. I want to Let me leave with one final com- fend themselves so the United States mention just a few of the important ment. Several of my colleagues have will not have to fill that gap. measures that the majority leader is argued the Obama administration During the debates on the trade as- blocking from consideration by failing could approve the sale of the F–16C/D sistance authority bill, the Senator to bring this bill to the floor. The bill from Massachusetts and distinguished series at a later date, but that is actu- ensures that our warfighters have the chairman of the Senate Foreign Rela- ally not the case. The F–16 production weapons they need to win the fight, tions Committee, argued that Presi- line recently received a small order ranging from small arms and ammuni- dent Ma of Taiwan is happy with the from the Air Force of Iraq to sell Iraq tion to tactical vehicles to satellites. administration’s decision merely to up- F–16s, but without additional orders Some examples include advanced heli- grade the existing F–16A/B models and the production line will soon be shut- copters and reconnaissance aircraft, as not to replace the F–5s and Mirages ting down. The people who are working well as combat loss replacement. It and other aircraft that are fast becom- there will be laid off or reassigned helps ensure that our soldiers and their ing obsolete. The Senator from Massa- other jobs. We are rapidly approaching families have quality housing. The au- chusetts went so far as to say at the a point at which the President of the thorization gives our wounded warriors time that ‘‘the President of Taiwan has United States will not be able to ap- better access to educational opportuni- said [the approved package] is entirely prove the sale of new F–16s because ties. adequate. He feels they have the defen- they will not be able to be manufac- The bill enhances the deployment sive capacity necessary under the [Tai- tured because the production line will cycle support system and reintegration wan Relations Act] in order to be able be shut down. I hope my colleagues will for our National Guard and Reserve to defend themselves at the current keep this in mind as they consider my given how much they have done in sac- level with the upgrade we are pro- amendment. rificing with the multiple deployments Even if the production line was not viding.’’ they have endured. It strengthens over- The facts are the government of Tai- an issue, why should we make our al- sight of our taxpayer dollars that are wan needs both the existing F–16A/B lies in Taiwan wait? Why would the being used for reconstruction projects models upgraded through this upgrade United States tell our friends to come in Afghanistan, and it ensures that our but also the 66 additional F–16C/D air- back later? Well, as I said, the chair- money does not continue to be fun- craft that are the subject of my amend- man of the Finance Committee quoted neled to our enemies. ment. To quote Taiwan’s foreign min- Ecclesiastes during our last debate. What is so disappointing is that the ister, he said: Allow me to conclude with some wise majority leader is willing to prevent words from Proverbs: passage of the Defense authorization Our government will continue to work closely with the United States to strengthen Do not withhold good from those to whom bill, which addresses these essential our national defense and security . . . by it is due when it is in your power to act. needs I have talked about for our urging the United States to continue its Do not say to your neighbor, come back to- warfighters and our soldiers, because arms sales to Taiwan with needed articles morrow, and I’ll give it to you when you al- the Obama administration does not and systems for our defensive capabilities ready have it with you. like one provision of the bill, the de- . . . including F–16C/D aircrafts and diesel- To that, I hope my colleagues would tainee provision of the bill that was electric submarines. give a hearty amen. passed overwhelmingly by Senators Again, to remind my colleagues, this I yield the floor and suggest the ab- from both parties who serve on the is a familiar chart from the last time I sence of a quorum. Armed Services Committee. offered this amendment, which shows The PRESIDING OFFICER (Mr. If the majority leader insists on pre- the growing imbalance of the Taiwan COONS). The clerk will call the roll. venting the Defense authorization bill

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.030 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6293 from coming to the floor this year, 2011 Of course, the irony is that in a place dressed in the Defense authorization would be the first year since 1960 in where we rarely agree on anything, the bill related to both our national secu- which the Congress has not passed the detainee provision that is holding up rity and to our warfighters? Defense Authorization Act. In over 50 this bill the administration has ob- I believe those issues deserve to be years, this would be the first time this jected to actually received over- addressed by debating and passing this bill has not been passed by this es- whelming support in the Armed Serv- bill. I also believe the American people teemed body. ices Committee—25 out of 26 members deserve to know all of the facts about Let me say that again. Here is where of the Armed Services Committee where we are with respect to our deten- we are: in the midst of two wars, with voted for this detainee compromise. tion policy with terrorists. our brave sons and daughters, husbands That rarely happens around here. I I have to tell you, as a new member and wives fighting in Iraq and Afghani- think it shows this was a thoughtful of the Armed Services Committee dur- stan—and I am the wife of a combat compromise and that members of both ing the last 8 months and having our veteran who served in Iraq—with our sides of the aisle worked hard to ad- military leaders come before that com- country facing a very serious threat dress this important issue. mittee, when I have asked them about from radical Islamist terrorists, this This compromise was actually a com- our detention policy and how we are would be the first time in a half cen- promise put together by Chairman treating terrorists we have captured, tury in which we have not passed the LEVIN of the committee, ranking mem- how we are gathering intelligence from National Defense Authorization Act. ber JOHN MCCAIN of the committee, and them, what we are doing to protect the It would be shameful to not bring for- Senator LINDSEY GRAHAM, who also has American people, I have been shocked ward the Defense authorization bill to substantial experience in the Guard as to learn that 27 percent of the terror- the floor and to pass it, after robust de- a Judge Advocate General attorney. ists we have released from the Guanta- bate, where Senators from both parties The overall Defense Authorization namo Bay detention facility have actu- can amend it, we can talk about it, and Act passed out of the Armed Services ally returned to the battle or we sus- we can let the American people know Committee 26 to 0. How often does that pect have returned to the battle to what is in this bill. happen around here, that every single harm us and our allies. I met recently with the sergeant member of the Armed Services Com- Too many former Guantanamo Bay major of the Marine Corps. Sergeant mittee from both sides of the aisle, Re- detainees are now actively engaged in Major Barrett shared with me the sto- publicans and Democrats, and Senator terrorist activities and are trying to ries of several marines serving our LIEBERMAN an Independent, that we all kill Americans. Former Guantanamo country. I cannot discuss all of them, voted to pass this bill? Yet this bill detainees are conducting suicide bomb- but I want to give a few examples. One that is so important to our national se- ings, recruiting radicals, and training is Sergeant Ramirez, a squad leader as- curity and to our warfighters is being them to kill Americans and our allies. signed to the 1st Battalion 5th Marines held up right now from being consid- Said al-Shihri and Abdul Zakir rep- in Helmand Province in Afghanistan. ered and brought to the floor. resent two examples of former Guanta- Sergeant Ramirez has a hook as a In this era of partisanship, the Amer- namo detainees who have returned to left hand. In February of 2006 Sergeant ican people want us to work together, the fight and have assumed leadership Ramirez lost his hand when he was and that is what we did. As a result, positions in terrorist organizations wounded in action while serving in Iraq not a single member, as I mentioned, that are dedicated to killing Ameri- with the 3rd Battalion 5th Marines. voted against the final bill. That is not cans and our allies. Now he is leading patrols in Afghani- Said al Shihri has worked as the No. to suggest that every member of the stan. He wanted to go back and serve 2 in al-Qaida in the Arabian Peninsula. Armed Services Committee got what our country. Talk about bravery. Talk Abdul Zakir now serves as a top they wanted in that compromise. I was about courage. Taliban military commander and a someone who fought hard in the com- There is also Sergeant Gill at senior leader in the Taliban Quetta mittee for the compromise to be tough- Quantico and Corporal Pacheco at Shura. Camp Pendleton and thousands of er on terrorists. Can you imagine having to tell a But I respect that we came together other soldiers, sailors, airmen, and ma- mom or a dad that their son or daugh- rines who after being injured on the as colleagues to come to this com- ter was killed in Afghanistan by a ter- battlefield have continued to serve promise and to move forward on the rorist whom we released from Guanta- their country. They are doing their Defense Authorization Act so it could namo Bay? jobs with skill and courage in this 10th be brought for full consideration for Given the facts, I understand why the year that our country is at war. I just every Member of the Senate. If the ma- majority leader and the Obama admin- wish we would show half, even a quar- jority leader were to bring this com- istration don’t want to talk about our ter of the courage of our military men promise to the Senate according to detention policy, but as John Adams and women in taking up the important normal and well-understood proce- said, facts are stubborn things. The issues that need to be addressed to pro- dures, every Member of this Senate, in- American people deserve to hear this tect our country, and many of them cluding the majority leader and my- debate and to have us address this are addressed in this Defense Author- self, would have the opportunity to de- issue through the Defense Authoriza- ization Act. bate it, to amend it, and to vote on the tion Act. That is why I am on the floor today. Defense authorization bill, including Under our Constitution, we have a I think it is so important this bill be the detainee compromise I just ref- fundamental duty to protect the Amer- brought forward and we have a debate erenced. ican people and to provide for our over it; that we are allowed to amend I may be new around here, but I must warfighters. it and allowed to pass it to make sure ask: Why isn’t the majority leader We owe it to our military men and our military men and women know we bringing this forward? I know he is women to take up the Defense Author- are fully behind them. clearly doing the administration’s bid- ization Act right now. Majority Leader I know the majority leader has said if ding on these detainee issues. But why REID, as the leader of this esteemed we just drop the detainee provision in would he prevent the American people body, should allow that to happen so the bill that he would bring forward from hearing this important debate? we can fulfill our responsibility to the the Defense authorization bill. But this Why would giving terrorists greater American people. is not how this body is designed to op- rights to our civilian detention and Let me conclude by urging the ma- erate. If Senator REID and the adminis- court system, which seems to be the jority leader to bring the defense au- tration do not like the detainee provi- administration’s position, be more im- thorization bill forward for debate, for sion in the bill, Senator REID should portant than ensuring that our amendment, and for passage. In the move to amend it or vote against the warfighters have the right weapons and midst of two wars, it is time Congress bill rather than prevent the entire De- equipment, or ensuring that our does its job and provides for our fense authorization from being consid- wounded warriors get better access to warfighters and their needs. ered. That is how the Senate is sup- educational opportunities, and all of Sergeant Ramirez, Sergeant Gill and posed to operate. the other important issues that are ad- Corporal Pacheco and the thousands of

VerDate Mar 15 2010 03:21 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.032 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6294 CONGRESSIONAL RECORD — SENATE October 6, 2011 other soldiers, marines, sailors, and in world history, where a large number minute with a bid 20 percent under airmen of our All-Volunteer Force de- of companies in one country—this their bid. That meant I don’t know how serve no less. country, the United States—shut down many jobs that didn’t stay in America I yield the floor and suggest the ab- production in Steubenville or Spring- but went to China, and that 20 percent sence of a quorum. field and moved production to Wuhan was given to them because of currency. The PRESIDING OFFICER (Mr. or Xi’an, China, and sell the goods back As Senator MERKLEY said on the Sen- SANDERS). The clerk will call the roll. to the United States. So it is a business ate floor yesterday, this currency ad- The bill clerk proceeded to call the plan for many companies to shut down vantage given to the Chinese because roll. production here, move overseas, and they purposely keep their currency de- Mr. BROWN of Ohio. Mr. President, I sell the product back. To my knowl- ask unanimous consent that the order valued means when we sell products edge, that has never happened the way made in our country—made in for the quorum call be rescinded. it has in this country in the last dozen The PRESIDING OFFICER. Without Whirlicote, OH—to China, they have, in years, since permanent normal trade objection, it is so ordered. effect, a 25-, 30-, 35-percent tariff be- Mr. BROWN of Ohio. Mr. President, I relations was approved here to set the cause of the currency undervaluation. rise, first, to thank my colleagues, in- stage for China’s entry into the WTO. When the Chinese sell a product into I remember—and the Presiding Offi- cluding the Presiding Officer, for sup- Chillicothe, OH, they get a 25-percent cer was in the House when I was—when porting cloture today. It is the second bonus or subsidy—25 or 30 percent. So that debate happened in 1999 and 2000. major step in this body, passing the that is why we have seen this huge What I remember is, the largest cor- largest bipartisan jobs bill we have trade deficit grow by multiples of porations in America were—the CEOs seen in this body in years. The bipar- something like three or four times. were walking the Halls of Congress and tisan jobs bill has the potential to cre- Last week, there was a column by doing the bidding of the Communist ate or save around 2 million jobs, with- the former president of the National Party of China, the People’s Republic out cost to taxpayers, because it is Association of Manufacturers, Jerry of China, and they were saying that simply standing up for American com- Jasinowski. He was president during putting China in the WTO would mean panies and American workers. For a the time of this debate in 2005. He has China would follow the rule of law. change, we put American workers and watched as members struggle with this They also said they couldn’t wait until American manufacturers first. disadvantage of the currency manipu- It is important to, for a moment, they could get access to 1 billion Chi- lation. He wrote this week that Con- consider how we got here. This effort nese consumers, although 5 years later gress is ‘‘belatedly stepping up to the did not begin this week or even this it was apparent they wanted access to plate on China’s currency manipula- year. Efforts to combat Chinese cur- 1 billion Chinese workers. But the tion.’’ He called this currency manipu- rency manipulation have been under- whole idea of putting China in the WTO lation ‘‘an assault on U.S. manufac- way for over half a decade. It began in was to have them live under the rule of turing’’ that is ‘‘having a deadly im- earnest around 2005. Since then, the law and practice trade under the rule pact on the overall economy.’’ of law, and that is what we have not situation has grown worse for workers Because these companies have lived and businesses. In 2005, there was an in- seen. We have simply not seen the Chi- with this, more than 300 companies tense debate inside the National Asso- nese follow the rule of law. have signed a petition in support of ciation of Manufacturers, which was That is why so many economists, in- cluding Republican economists and this legislation according to the Coali- representing a whole range of Amer- tion for a Prosperous America. We can ican manufacturers, from the small Democratic economists, and including some economists who worked for Presi- see companies such as McAfee Tool & tool and die shop in Akron to the me- Die in Ohio, and we highlighted some dium-size manufacturing company in dent Reagan and some economists who worked for President Clinton and of the ones in different Senators’ Toledo, to GM, Ford, and other huge States and lots of national organiza- manufacturers. The division was small- President Obama—the ones who are looking at sort of an expansive world— tions, lots of State and local organiza- er companies, generally—not in every tions, and hundreds and hundreds and case, of course, but smaller companies say things like Fred Bergsten of the Peterson Institute—a pretty much pro- hundreds of companies are supporting generally supported taking action this because they know—and all kinds against currency manipulation with free-trade, middle-of-the-road organiza- tion—who said: of organizations know—this isn’t work- China. Larger companies, many of ing for American companies. It is not which had already outsourced produc- Some American corporations will fret that these actions— working for American manufacturing. tion to China, generally were opposed It is not working for American commu- to standing up to the Chinese. That These actions meaning regulations on dealing with this currency issue, as nities or American workers. was because the Chinese are well I had mentioned what happened up known for punishing companies that our bill does— until 2005. In 2007, Senator STABENOW of are doing business in China if those that these actions would needlessly antago- Michigan, a Democrat; Senator SNOWE, companies actually criticize the Chi- nize the Chinese and threaten a trade war. I believe these fears are overblown. The real a Republican from Maine; Senator nese Communist Party Government. threat to the world trading system is in fact ROCKEFELLER, a Democrat from West So it was an interesting, if unholy, the protectionist policies, including under- Virginia; and Senator Bunning, a Re- alliance between some of America’s valued currencies of other countries, and the publican from Kentucky—of those four, greatest, best known, largest, longest vast trade imbalances that result. only Senator Bunning has left the Sen- existing companies. There was an un- And Bergsten went on to say: ate—created the Fair Currency Coali- holy alliance between them and the Not since World War II have we seen a tion, which pulled together manufac- Communist Party of China—something country practice protectionism to the degree turers and labor united to address a se- that would have made, perhaps, Henry the People’s Republic of China does. rious problem. We can see some of Ford turn over in his grave. Nonethe- We were talking earlier about the those here. less, that is what happened. Some of split in the National Association of these companies actually left the orga- Manufacturers—and I am not making In the 111th Congress, the Senate in- nization—the smaller ones—because too much of it. Most companies didn’t troduced several bipartisan bills. Sen- the larger companies dominated an or- leave. But some of the smaller compa- ator SNOWE and I worked this year on ganization like that. They paid the big- nies, which may or may not have left, countervailing duties, legislation simi- gest dues and are the most influential have suffered greatly during the gam- lar to what the House of Representa- people in the country. Some of the ing of the currency system. tives passed, providing industries a smaller companies left partly because Let me cite one example: the Bennett remedy when it comes to imports that they have to stay in a community and brothers’ Automation Tool & Die in are proven to be subsidized by currency do their manufacturing and supply Brunswick, OH, a city about 25 miles manipulation. Since then the Senate components to companies that outside of Cleveland. The Bennett combined Senator SNOWE’s and my bill outsourced these jobs. brothers run this tool-and-die shop, with that of Senator SCHUMER and Sen- What is interesting—and we have Automation Tool & Die, and they had a ator GRAHAM into the bipartisan legis- talked about this—it has become al- $1 million contract they thought they lation we have today. most—not almost, it has become a were about to sign with a new cus- This bipartisan legislation is a no- business plan, perhaps unprecedented tomer. The Chinese came in at the last cost job creator. In fact, it is better

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I think there are ing money doing it, we are obviously But whenever we act like we are going complicated and longstanding frustra- saving on the budget deficit. to do that, it is so predictable what the tions that have built up with a lot of The Economic Policy Institute says Chinese Government will say: Trade Senators and a lot of people in America this is more than job creating, and it war. Trade war. Then some Members of that bring us here to this moment on will create more than 1 million jobs. If the Senate will stand up and say: Trade the Senate floor. we have 1 million people going back to war. Trade war. But just because the As chairman of the Foreign Relations work, that means 1 million people who Chinese say there is going to be a trade Committee, I have a reluctance to see aren’t drawing unemployment benefits, war, they always bluster like that. us engage in an effort that I think can who aren’t filing for food stamps, and So as certain as the Sun was going to put other interests at risk in certain who aren’t getting any other kinds of come up on Tuesday morning after the ways. On the other hand, I have voted subsidies. They are working and paying vote Monday night—which was 79 to to allow and help this legislation to taxes, and that, obviously, is why we 19—the People’s Bank of China, the reach the point of postcloture because can’t cut our way to prosperity. We Ministry of Foreign Affairs, the Min- I think it is an important debate and have to grow our way to prosperity and istry of Commerce—like all birds fly- because I think China needs to care- grow our way to a more balanced budg- ing off a telephone wire when one bird fully think about the process and the et. does—said this is protectionism, this is substance of what people are saying on So that is what this is all about. And a trade war, and all the kinds of things the floor of the Senate. I would quote a couple of other peo- they say. But just because they say it This is a very complicated relation- ple—Republicans. DAVID CAMP, the Re- isn’t necessarily what they are going ship, with enormous interests on both publican chairman of the House Ways to do. They want us to believe they are sides, and we need to avoid a con- and Means Committee, who has sup- going to do that because far too often frontation in a lot of different ways. ported this measure in the past, said American politicians—Presidents espe- There are a lot of different kinds of the bill doesn’t ‘‘presuppose an out- cially—will back down. confrontations—trade, physical con- come,’’ but sends ‘‘a clear signal to This bill will begin to help us do frontation in the South China Sea and China that Congress’ patience is run- what we should be doing in this coun- the straits and elsewhere, confronta- ning out, without giving China an ex- try, and that is following—as the Pre- tions over human rights in Tibet—and cuse to take it out on U.S. companies siding Officer has said so many times there are a lot of issues at play. But and workers.’’ before and fought for—real manufac- with respect to the trade issue, China Mitt Romney, Presidential can- turing policy. Thirty years ago, in the has a huge interest in the United didate, Republican, former Governor of early 1980s, between 25 and 30 percent States being able to export more effec- Massachusetts, said taking action to of our gross domestic product was man- tively to China. remove protectionist market distor- ufacturing. Today it is only about 11 China has an interest in its middle tions wouldn’t result in a ‘‘trade war,’’ percent. Those manufacturing jobs cre- class growing in its purchasing power but failing to act will mean the United ated an awful lot of middle-class fami- and expressing that purchasing power States has accepted ‘‘trade surrender.’’ lies in Garfield Heights, OH, and in through consumption. One of the That is exactly the point because the Norwood, OH, and in Grove City, OH. things China needs is its own higher strongest objection to this bill and the Today a lot of those families struggle level of domestic consumption. It is most frequent and compelling argu- because they have lost their $14-, $15-, saving too much. One of the reasons it ment from, apparently, the three $18-, and $20-an-hour job making saves too much is it doesn’t have a Democrats and the, I guess, roughly things. Instead, they are working in a safety net structure of any kind, real- three dozen Republicans who opposed service industry, which never pays as ly, so people do save. That is the na- the vote a couple of hours ago is that much and never has the spinoff effect ture of life there. But at the same this bill declares a trade war; that it of job creation that a good manufac- time, I think China is seeing a slow- would lead to some kind of trade war. turing job has. down of its own economy now. One of So I am thrilled about this vote I first want to remind everybody lis- the reasons for the slowdown in China’s today. What makes me even more ex- tening that the United States is al- economy is the fact that we have had a cited is I think it is the beginning of ready in a trade war. When we see the slowdown in our economy and our abil- the United States having a more coher- trade deficit in 10 years triple with a ity to consume, and the American con- ent manufacturing strategy. We are country that is not playing by the sumer is paying off debt, wisely, and the only wealthy country in the world rules, it is pretty clear there is a trade consuming less of the goods brought in that doesn’t have a manufacturing war going on, and they are winning in strategy. While all of our trade com- from China. So it all is interconnected. so many ways because we are buying so China is also our biggest banker. petitors practice trade according to China is critical to our ability to deal much from them, and they are buying their national interests, we practice with our current economic challenge in so little from us. Yes, our exports have trade according to a college textbook many ways—and Europe’s, I might add. increased over the last 10 years, but that is 20 years out of print. only marginally. Our imports from I am hopeful those days are behind Both Europe and the United States China are just growing much more rap- us, and I especially thank Senator would benefit significantly with a new trade relationship with China. idly. GRAHAM and Senator SESSIONS for their In the end, common sense says the stance and making a difference on this That is what I want to talk about for Chinese aren’t going to initiate a trade vote today. I think this is the begin- a moment. I believe in trade. I have war. You don’t initiate a trade war if ning of something much better for our supported trade here. I don’t believe in you are China—they might threaten country. unequal trade. I don’t believe in unfair to—because we are their biggest cus- Mr. President, I yield the floor. trade. I believe in enforcing the agree- tomer. One-third of Chinese exports The PRESIDING OFFICER. The Sen- ments we have. If you look at NAFTA, come to the United States. They have ator from Massachusetts. for instance, NAFTA had side agree- way more to lose than we do if they Mr. KERRY. Mr. President, how ments—side agreements on the envi- initiate a trade war. much time is being divided now or is it ronment, side agreements on labor We can predict it, like we can predict divided? standards—and they were never en- the Sun will come up. Whenever we The PRESIDING OFFICER. The Sen- forced. People have a right to be angry stand up to the Chinese—when Presi- ator has up to 1 hour under cloture. if they see an agreement that is made dent Clinton or President Bush or Mr. KERRY. Well, Mr. President, I and then parts of it are enforced, parts President Obama would sort of do a yield myself such time as I may use of it are not, and they see their jobs go

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So I think it is important to have cused strategy of China’s to just keep about virtuous and unvirtuous cycles, trade that is fair and sensible. on pushing, take advantage of every- it is about as unvirtuous as you can get You are not going to grow your econ- thing you can, and you get a little nib- in that economic relationship. omy trading with yourself—no way— ble against you here and there at the Now, conflict, in my judgment, is not particularly if your overall population WTO, a little nibble over there, that is the best way to resolve our tensions. growth isn’t growing that fast and you really just an inconvenience on the Making clear how we feel and what we are a mature economy. Economics just road to a kind of trade domination that think the reality is and what is impor- doesn’t work that way. You need newer is bad for everybody. tant in our relationship is critical. markets and other places to expand. So That is why I am here today. That is Some of our colleagues have come to I believe it is important for us to rec- why I have voted for this legislation to the floor to argue that our two coun- ognize that the world’s trading system come to the floor, to have this debate. tries are already in a trade war. Others only works if the participants treat This debate is an imperfect stand-in for have come to the floor to say this bill each other fairly. the broader discussion we need to have is going to trigger one. I don’t agree Over the last decade, our national de- about our economic relationship with with either view. I don’t think either bate on the costs and benefits of trade China. The truth is that our bilateral one of those views is correct. has intensified, and, frankly, the un- relationship is both filled with promise If we were in a real trade war with easy alliance, the uneasy consensus and plagued by complex challenges we our largest lender, let me tell you, they that had been created from the 1980s have to overcome for the good of both would be doing a heck of a lot more forward with respect to trade is being countries. damage than the misalignment of cur- frayed right now, is being frayed for The Chinese market is a huge and rency is currently doing to us. understandable and clearly definable growing opportunity for American The specific remedy proposed in this reasons. firms, obviously. Despite the hurdles to legislation is neither as dramatic nor The American worker is not seeing entry—and there are hurdles—China is as offensive as some people have said. their wages go up. There are a lot of still our fastest growing export market This is a pretty carefully structured reasons for that: the unfairness of our today. People had better think about piece of legislation, and I think the Tax Code, the inability of people in this as we go forward. language has been chosen in a thought- America today to be able to bargain I am convinced that the key to ful way and the remedies that are the way they used to, the lack of an America pulling itself out of this eco- available under this bill are not as dra- NLRB and a court that uphold the nomic challenge we are in today and matic as some would suggest. It rights of labor to be able to negotiate— the key to Europe pulling itself out is doesn’t propose raising tariffs on all a whole bunch of reasons people are for the United States and Europe to ac- Chinese goods. It only proposes in- disadvantaged today. One of them is tually work out, almost formally, a creasing tariffs on those Chinese goods the fact that you have this unfair com- new and better relationship with re- that receive an unfair advantage from petition. spect to trade with China, as well as an undervalued currency and then com- In order to keep the consensus that with the other fast-developing coun- pete with American-made goods here in allows Americans to say: Yes, trade is tries—Mexico, South Korea, Brazil, the United States. It is a pretty lim- a good thing, it has to be a good thing. India—because if those societies will ited and targeted message. And that is And to be a good thing, it has to be fair allow us adequate entry to market and within our rights. If the yuan is prop- and it has to result in people’s lives if those societies will purchase more erly valued, that will simply not be being improved by it, meaning their from Europe and the United States, necessary. That is China’s decision, wages go up, their job gets better, and then we will export more, manufacture China’s choice. their opportunities are better. But ev- more, and come out of the economic I would much prefer a negotiated, erything has been working in the oppo- doldrums. That reverberates to China’s multilateral solution, as I described, site direction. I think that is why so benefit, also, because their investments involving this new relationship, a new many of our colleagues feel a responsi- in the United States become more se- trade relationship on a global basis, bility to come to the floor on this leg- cure, because our debt goes down, be- which I think would send an extraor- islation and make sure that China and cause we have a stronger economy, and dinary message to a beleaguered Eu- others hear from the American people because we are purchasing more in re- rope, where Greece, as we all know, is loudly and clearly. turn from them. What goes around basically fundamentally insolvent, We did this before on a vote we took comes around. needing some kind of a managed, struc- on currency legislation back in 2005. I My hope is that we can agree on fair tured transition hopefully that avoids think China heard us then, and China terms and conditions for trade with a greater crisis in Italy and Spain and began slowly to allow the value of its these rising powers. If we do, we will contagion in their banking system, currency to begin to fluctuate rather create jobs. That is the fastest way we which clearly needs recapitalization, than keeping it pegged tightly to the have to create jobs and pull out of our clearly needs more than the $440 billion dollar. economic doldrums today. The sim- that was put on the table, clearly needs China has taken measures. In fair- plest, fastest, most obvious way to do some kind of a rescue fund with some ness, China’s currency has appreciated this is to be able to access those other very tight kinds of requirements not over the course of the last few years. markets rapidly with American goods dissimilar to what we did in the United Some argue exactly how much—some- and begin to restore confidence to the States in 2008 and 2009 out of sheer ne- where in the vicinity of 27 percent, marketplace so that people believe cessity. My hope is they will do that. maybe 7 percent the last year—but it is they will get a larger return on their Nothing would do more to send a not fast enough, and it is still not fair investment and begin to reinvest in job message of confidence about the future enough. And the fact is that there are creation and in the marketplace. of job growth than to have this new other Chinese trade tactics that con- The current trade model we are oper- trade understanding and relationship tribute to our increasing trade deficit ating under with massive U.S. trade where responsible partners are behav- with China, not just currency. deficits and enormous Chinese trade ing responsibly and accepting responsi- Unfortunately, our efforts through surpluses is not only unfair, it is bility for the global marketplace in multilateral institutions—nobody can unsustainable. So we have to rebalance which we all operate, not just exploit it point a finger at the United States and that relationship. And China’s own but support it, protect it, nurture it. suggest that we haven’t played by the leaders need to understand that their Beyond the currency, there are many rules or that we haven’t gone to the country’s long-term economic health other sources of tension in our eco- global institutions in order to try to absolutely cannot rest on a foundation nomic relationship, and they need to be resolve these differences. We have gone of subsidized exports fueled by an in- resolved. China does not protect ade- to the World Trade Organization, and debted American consumer and the quately our intellectual property in its

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.037 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6297 market. That is almost a euphemism. and the stability and the leadership de- It will not be enough to simply pass The violations of intellectual property mands of both of our countries. legislation that will stimulate the rights, the outright theft in some We both sit on the Security Council economy in the short term. We have streets and communities within China of the United Nations. We both have re- tried short-term stimulus time after of billions of dollars of American de- markable responsibilities through our time again and it does not work. One of signed and marketed and developed economic power. We are still the larg- the President’s first acts after his inau- property is shocking. In addition to est economy on the face of this planet, guration was to promote and sign a that, China imposes artificial regu- maybe three times larger than China— partisan big spending stimulus pack- latory barriers to the entry of many of still, even as China is growing. China age. It did not work then and it is not our goods. It fails to crack down on will surpass us. With that reality of going to work now. What we need to do cyber attacks, and it has executed a where China stands today economically is change the economic environment in thinly veiled effort to appropriate key comes major responsibility. No country America to make it more jobs friendly, foreign technologies. On each of these has exercised that responsibility to change incentives to allow for long issues, and others, we have been going through all the last century and into sustained job growth. to the WTO, we have been bringing this century with a greater sense of As I said, it will not be easy, but I be- cases, and we have been winning those purpose and responsibility than the lieve it is doable because, frankly, cases. As I have said, that is not a sub- United States. Hopefully, China will there are things we should have been stitute for this larger fix in the rela- embrace the notion that its new eco- doing all along that will create more tionship that is critical. nomic power brings with it that same jobs and prevent more job losses in the I believe overcoming market access shared responsibility. I hope we can en- future. challenges is actually where we ought gage in the creation of that kind of That is what I wish to talk about. I to be focusing our efforts in China and mutually beneficial relationship. want to unveil my own jobs proposal. also in the other large, fast-growing I reserve the remainder of my time It is a comprehensive, 10-point plan markets. That, as I have said several and yield the floor. that I believe encapsulates much of The PRESIDING OFFICER. The Sen- times, is really the answer—the quick what we should be doing to create more ator from Utah. answer, if you will. We can develop jobs in America. I wish to take just a JOBS CRISIS goods and we can invest in companies few moments to talk about each of the Mr. HATCH. Mr. President, I rise to here, but if we can’t sell the goods to 10 points in my jobs plan. speak about our Nation’s jobs crisis. more than ourselves, we have some se- No. 1, we need to restore fiscal sanity This is a crisis that is real and it is a rious limits on us. It is important for in Washington. Our Nation’s $14 tril- crisis that is not going to be addressed us to be fighting for that market ac- lion debt is an anchor around the neck by the bill currently being considered cess. of every American and a threat to our by this body. It is not a crisis that is I believe that to increase our exports, economic growth and job creation in going to be solved by more tax in- we are going to have to increase our the future. Congress must take mean- creases, as some would have it. It is a competitiveness at home and we are ingful steps to reduce our debt and get crisis that will be solved when Con- going to have to convince our partners America’s fiscal house in order. gress creates the conditions for job cre- to lower their tariffs, remove discrimi- This is something my friends on the ation by giving greater certainty to natory regulatory restrictions on our other side of the aisle do not seem to businesses and individuals and liber- exporters, protect intellectual prop- get—debt and deficit reduction is a jobs ating them to take risks. erty, use scientific standards as the Americans are more than uneasy issue. The failure to get this spending basis for allowing our agricultural about our current jobs deficit. The fail- under control led to a downgrade of our goods to enter, and recognize that ure of this economy to create jobs is Nation’s credit rating, an action that trade in services is becoming as impor- the single most important issue to the will impact our interest rates and im- tant to the modern economy as trade citizens of this country. For years now, pede job growth. The failure to get in goods. We need to make the case whenever I have talked to my fellow spending under control and the con- that doing all of these things is not to Utahns about the economy, their No. 1 stant threat from the other side of the advantage of one country or an- concern has been jobs. Throughout the higher taxes to pay for this historically other, it is to all of our shared advan- country, particularly in those places large government keeps businesses on tage because of the nature of the global that are worse off than my own home the sideline and discourages risk-tak- marketplace in which we live. State, I am quite certain people have ing. The failure to get spending under Countries such as China, India, and the exact, same concern. control crowds out the types of invest- Brazil are stakeholders. Whether or not We have had more than our fair share ments in national defense and infra- they want to admit it publicly, they of posturing on job creation in Wash- structure that actually have some im- are stakeholders in the West’s eco- ington. We heard a speech to a joint pact on jobs. Reining in spending nomic success. They need access to our session of Congress from the President, should be our highest priority. customers. They need access to our in- wherein he demanded passage of this Given the fights we have had over vestors. They want to make deals over jobs bill. Of course, the President’s bill spending in the last year, this goal here. They want to be in joint ven- has no real chance of passing in either may seem to some to be out of reach, tures. They want to own companies. Chamber of Congress. Indeed, Members but I am optimistic. I expect some suc- And their businesses and citizens will of the Senate Democratic leadership cess from the Joint Committee on Def- benefit from strong, sustainable have been quoted publicly as saying icit Reduction that is currently work- growth in the world’s largest econo- they don’t even believe enough Demo- ing on finding significant savings and mies. crats would vote for the bill to pass it currently trying to find a way out of China is an important partner of the in the Senate, with or without a fili- our problems. Members of both parties United States in a lot of ways. It is buster. are on record supporting a balanced also a major investor in the United But not all hope is lost. Members of budget amendment to the Constitu- States. So I don’t think we are here to both parties agree we need to pass a tion, which would ensure greater fiscal rupture that relationship; I think we jobs package of some kind. The Amer- discipline in the long run. This is a are here to send a message to the Chi- ican people demand it and I believe vital element to securing economic nese about the urgent need to repair it. Congress can deliver. However, I am growth and job creation in the future, We want a mutually beneficial rela- not under any illusions. This will be a and we need to act now. As the ranking tionship, an equitable partnership that difficult task, and it will require Con- member on the Senate’s Finance Com- will pay dividends for both countries. gress to recognize some hard truths mittee, I am committed to working And I believe, if we listen to each other and to make some difficult decisions. with my colleagues there to achieve and work in good faith, we can make But if we are serious about job creation meaningful reform of our Nation’s larg- that happen and we can enter into a and not just about campaigning on job est spending programs. better framework of cooperation that creation next year, that is what we are No. 2, we need to expand markets for inures to the benefits and the security going to have to do. U.S. exports by approving the pending

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.038 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6298 CONGRESSIONAL RECORD — SENATE October 6, 2011 three free-trade agreements and renew- could potentially be lost as a result of has proposed requiring regulators to ing trade promotion authority. Every full implementation of all of perform a cost-benefit analysis in President has wanted that except this ObamaCare’s provisions. drafting new regulations. This require- one. Congress waited far too long for Clearly, calls to ObamaCare ment should be set by statute and the President to send the pending trade are more than political blustering. It is should apply to all Federal agencies. agreements with Colombia, Panama, simply a necessary step forward toward In addition, Congress should have and South Korea, which would increase job creation. greater influence in the regulatory U.S. exports by $13 billion and create No. 5, we need to repeal the Dodd- process and should pass legislation more than 70,000 domestic jobs. Some Frank Act. Again, it would be easy for such as the REINS Act, S. 299, which estimate even higher than 250,000 jobs. our friends on the other side to write would, among other things, require Unfortunately, in delaying submission off this proposal as just partisan pos- Federal agencies to obtain congres- of these agreements, the President turing, but facts are facts. American sional approval for regulations that prioritized his anti-trade union allies companies and small business owners will have significant economic impact. at the expense of the American work- are paralyzed by the excesses of the No. 7, we need to develop America’s ers who stood to benefit from their pas- Dodd-Frank Act which has created energy resources. In the United States, sage. Now that these agreements are massive new bureaucracies, imposed energy is produced by private industry. before Congress, we need to ratify them job-killing mandates, and heaped upon Yet most energy resources are con- promptly. However, we also need to American businesses a slew of regula- trolled by the Federal Government. move forward with a robust trade agen- tions that are choking off job opportu- The Obama administration has aggres- da for the future. nities for Americans. Dodd-Frank is sively withdrawn access to Federal en- Unfortunately, by refusing to seek leading to reductions in the avail- ergy resources and has stalled or pro- renewal of trade promotion authority, ability of credit to American families scribed countless domestic energy the President is undercutting our Na- and businesses and increases in the projects sought by industry. This will- tion’s ability to realize these new trade cost of credit to those who are able to ful inaction by our President has cost agreements. borrow. The price controls required by Americans hundreds of thousands of No. 3, we need to reform our Nation’s Dodd-Frank and by the Dodd-Frank good-paying jobs. It has also cost our Tax Code to allow American businesses interchange amendment are a case in Federal and State governments billions to compete with foreign competitors on point of what happens when govern- of dollars in lost revenues from Federal a level playing field. Rooted in a by- ment wades carelessly into the econ- energy royalties which they share. A gone era, the U.S. Tax Code is anti- omy. recent Wood Mackenzie study found quated, impeding our economic recov- I don’t know why it came as a sur- that if our Nation were permitted to ery and slowing job growth. Our tax prise to anyone that the price controls allow more domestic energy production system is too burdensome, it is too in- imposed by the interchange agreement, in the next two decades, an additional efficient. Fundamental tax reform will drying up a revenue stream for banks, 1.4 million jobs would result and Fed- allow both individuals and businesses would require new fees on consumers. eral and State governments would to focus their efforts on their families Yet I doubt the announcement that enjoy more than $800 billion in addi- and businesses instead of tax compli- banks are eliminating free checking tional revenue. According to the study, ance. There is bipartisan agreement on and increasing debit card fees, a direct it would mean more than 40,000 new the need to fix our Tax Code and if the result of the interchange amendment, jobs in Utah alone. I have worked with my colleagues, President and his party will agree that will result in a long look in the mirror Senator DAVID VITTER of Louisiana and the goal of tax reform should be job for those responsible for this regula- Senator of , creation and economic growth rather tion. Rather, the favored response will on two legislative proposals that would than raising taxes, I think progress can no doubt be more regulation. It is es- reverse the President’s attacks on do- be made. sential that we repeal this fundamen- mestic energy production. The 3–D, Do- No. 4, we need to repeal ObamaCare. tally flawed law to unleash the full po- mestic Jobs, Domestic Energy, and I am certain my Democratic colleagues tential of the American economy by Deficit Reduction Act, that is S. 706, will write this proposal off as blind par- unfreezing much needed credit for and the American Energy and Western tisanship, but to paraphrase President small businesses as well as stripping Jobs Act, S. 1027, will get America Obama: This is not partisanship, it is away new layers of burdensome and in- back in the business of producing its math. ObamaCare’s unconstitutional effective regulations. own energy, creating hundreds of thou- individual health care mandate will re- By the way, I have not mentioned sands of new jobs and billions in new sult in a $2,100 increase in premiums Sarbanes-Oxley, which is adding ac- revenue for Federal and State govern- for families buying insurance on their counting costs and other costs so as- ments. own. Rather than saving money, tronomical to small business that No. 8, we need to help America com- ObamaCare is costing individuals and many of them are not able to hire, they pete by protecting and encouraging in- States more money, including $118 bil- are not able to accomplish what they novation. We must modernize and lion in new costs imposed on States for want to accomplish, and it has stalled make permanent research and develop- Medicaid expansions, meaning that our our economy. That doesn’t mean we ment, the R&D tax credit to help keep States will have to cut other programs don’t need some regulations, but these America on the leading edge of techno- such as education or law enforcement bills have gone way to the excess. logical innovation. to pay for this unfunded mandate. Ad- No. 6, we need to make our regu- The United States once led the world ditionally, ObamaCare will result in latory system more jobs friendly. in research and development incentives over $1 trillion in new taxes and pen- America’s regulatory system is out of when we created the R&D credit back alties over a 10-year period once it is control. Time and again, unelected in 1981. However, in the years since fully implemented in 2014, while still Washington bureaucrats erect walls of other countries have responded with increasing the deficit by $701 billion redtape that place significant burdens their own incentives, and now we rank during that same time. on the job creators. Far too often, busi- 17th behind many of our global com- Collectively, the various provisions nesses are forced to spend time and re- petitors. Senator BAUCUS and I have included in ObamaCare will continue sources trying to comply with unneces- been the prime sponsors of the research to hinder job creation and industry in- sary Federal rules and regulations and development tax credit over the novation by mandating the imposition rather than on growth and develop- years. In order to provide a more level of anti-industry burdens such as a 2.3- ment. With unemployment at over 9 playing field for American companies percent excise tax hike on medical de- percent, Congress needs to ensure that that compete in the global market- vice manufacturers that could result in policies pursued by Federal agencies place, we must provide more certainty job losses of over 10 percent of the de- make it easier for businesses to hire to companies that invest heavily in re- vice industry workforce. That is nearly and do what is necessary to be able to search and development. 43,000 potential lost jobs. Some experts compete globally. There is bipartisan In addition, international infringe- have calculated that nearly 800,000 jobs support for this idea. President Obama ment of U.S. intellectual property

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6299 rights costs American businesses bil- Once again, I am not under any illu- How many times do we hear Senator lions of dollars every year. This affects sions that passing this type of jobs MCCONNELL come to the floor and say, big corporations and small businesses agenda will be easy, but I am convinced The President’s stimulus package was alike. By simply ensuring that our of its necessity. Each of these pro- a punch line on nighttime TV? Well, it trade partners fulfill their inter- posals would achieve a commonsense isn’t a punch line in Peoria. It is dead national obligations to recognize and objective, and most of these ideas have serious because people are working, enforce intellectual property rights, we broad support within Congress and the making a good wage, thanks to the in- can create millions of jobs in this coun- American people. One thing is certain, vestment in small business through try. Starting now, this administration however. We cannot stand by and do government help. must take more meaningful steps to nothing. The people of Utah, whom I I believe, and most Americans be- address this problem and protect Amer- serve, and people across the country lieve, real job creation is going to be in ican job creators. are demanding more jobs. This plan the private sector. Well, look what No. 9, we need to create incentives would accomplish this goal, but not happened here. Because of the invest- and remove barriers for small busi- through government, more regulation, ment of government helping her to buy nesses to create jobs. Small businesses more spending, and more taxes. Rath- this machinery and be competitive, drive the American economy and they er, it would encourage private sector production and manufacturing jobs are the soul of our Nation’s entrepre- job growth by getting government the stayed right here in the United States, neurial heritage. Small businesses cre- heck out of the way. And by ensuring and that is what we want. There are 14 ate two-thirds of the jobs in our Na- greater economic stability in the fu- million people out of work. tion’s economy. As such, they should ture, it would help to maintain the As I traveled up and down my State be at the forefront of our economic re- conditions for robust job creation. of Illinois, I visited some days with covery. To achieve this, we need to en- I yield the floor. those who are unemployed, desperately sure that American small businesses The PRESIDING OFFICER (Mrs. trying to find jobs, and other days with operate in a more business-friendly en- MCCASKILL). The Senator from Illinois. businesses such as Lucas & Sons Steel vironment. Big-government solutions AMERICAN JOBS ACT in Peoria which are doing well. I asked have failed to produce jobs, so it is long Mr. DURBIN. Madam President, I them the key to their success. They ba- overdue that we release the entrepre- wish to follow on the speech made by sically say they have been lucky to neurial power of the private sector to my friend and colleague from Utah have good products and great workers grow our economy once again. We can about the current state of unemploy- and great infrastructure. and must make it easier for small busi- ment in America and what to do about Senator HATCH says, Get government nesses to invest, grow, and create jobs. it. One of the last things he says is, get out of the way. Government has to be For example, Congress could provide government out of the way. I wish to in the way for infrastructure. It is gov- a 20-percent tax deduction for small suggest that maybe, if he has some ernment that builds the highways, the businesses on their income, and Con- time—and I know he is a very busy bridges, the airports, the railroads. gress could repeal the 3-percent with- man—he join me on a trip to Peoria, That is part of what the government is holding requirement for Federal con- IL, where I was last week visiting investing in for the future of our econ- tractors. Both of these ideas would ex- Lucas & Sons Steel Company. This omy. Part of President Obama’s jobs pand job creation among small busi- company has been in business since package is to put Americans back to nesses. 1857. It has 26 employees. The CEO is a work rebuilding basic infrastructure. No. 10, finally, we need to reform delightful, dynamic young woman We need it. We need it all across the America’s labor laws and rein in the named Margaret Hanley. She has, as I Midwest and across the Nation. If you National Labor Relations Board. Con- said, 26 union employees, all iron- think we can afford to get government gress must enact significant reforms to workers. What she does is fabricate out of the way and not invest in infra- our Nation’s labor laws to counteract steel for construction projects all over structure, take a look at what is going the pro-union extremism of the Obama the Midwest and as far away as Antarc- on in China today. In China, our No. 1 National Labor Relations Board, or the tica. As I said, the company has been competitor in the world and our No. 1 NLRB. Instead of allowing the NLRB around over 150 years. creditor in the world, they are building to rewrite America’s labor laws every I asked her, Where do you get your right and left. They are preparing for time a new administration takes office, steel? She said, It is all American steel. the 21st century. They are going to Congress should reform those laws to I asked her, How are you doing? She build 50 new airports in the next 5 provide greater oversight, account- said, Great. She said, One of the rea- years that will accommodate every ability, and judicial review of the sons we are doing great is because of plane of every size made by Boeing Air- NLRB’s decisions. They are usurping President Obama’s stimulus package. craft. That is how big these airports the power of the Congress. They are The President said to American busi- are. There will be 50 new ones. They usurping the power of the courts. The nesses such as hers, you can borrow are building the infrastructure to not fact of the matter is they don’t have money at low interest rates to buy new only compete but pass the United the right to do that, and they are over- machinery that will help you be more States. turning 76 years of solid labor law competitive. She said, Come on, let me When my colleagues on the other side which is slightly in favor of organized show you. We walked in the other come to the floor and say: Get govern- labor. They want to make it totally in room, and here was a computer-driven ment out of the way, what do they favor of organized labor. machine as big as a small room being mean? That we should not be investing In addition, Congress should pass leg- handled by a fellow that was literally in infrastructure to make America islation such as the Employee Rights taking steel girders, boring holes in strong for the 21st century; that the Act, S. 1507, which I introduced in Au- them, and bending them where they businesses, large and small, in Illinois gust to protect the rights of workers are supposed to be bent. She said, I can that need modern, safe highways to who do not want union representation, compete with the big boys with this. move their goods back and forth to to prevent unions from exploiting their We are going to increase the number of market should not turn to government current members, and to ensure that people working at Lucas & Sons Steel. for that help? It makes no sense. His- the NLRB is no longer able to trample Senator HATCH says, Government, get torically we have agreed on a bipar- employee rights via regulatory fiat. out of the way. Thank goodness, gov- tisan basis when it comes to infrastruc- Congress should finally repeal the ernment was there for that company, a ture. We should agree again, and that outdated prevailing wage requirements private company, paying a living wage is part of the President’s jobs bill. in the Davis-Bacon Act or, at the very with decent benefits, that has been Let me tell you what else is in there. least, suspend them until the economy around for a century and a half and is We know America’s working families recovers. Doing so would reduce bur- prospering because they are making are struggling paycheck to paycheck. dens on small businesses, save the tax- quality products out of American steel They took a survey recently, and they payers money and, of course, create with equipment they bought through asked working families in America: more jobs. President Obama’s stimulus package. How many of your families could come

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.048 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6300 CONGRESSIONAL RECORD — SENATE October 6, 2011 up with $2,000 in 30 days either out of tween 4 cents and 12 cents. That is to What I find interesting about their op- savings or borrowing? That isn’t an un- process everything. For you to take position to this is, when we ask the reasonable amount of money. A very money out of your checking account American people point-blank: Do you moderate injury in an emergency room with a debit card to pay for a purchase, think to pay for the President’s jobs might cost you $2,000. So they asked what do they charge? On average they bill, to get people back to work, it is them, and it turned out only a little charge the retailer 44 cents. That is reasonable to close tax loopholes and over half of working families had ac- somewhere between 600 percent and 400 ask millionaires to pay a little more on cess to $2,000. It shows you how close to percent of their actual costs. So what their income tax, here is what the poll the edge many families are living. It we did is to say that retailers across says: 64 percent—almost two out of shows you many of them are surviving America deserve a break. With the three Americans—support raising taxes paycheck to paycheck. Although they Federal Reserve establishing the num- on millionaires. How about Independ- work hard, they cannot seem to get ber, we said a reasonable fee is about 24 ents? ABC News poll: Seventy-five per- ahead. cents. That splits the difference, which cent support raising taxes on million- President Obama’s jobs act says this: is the common outcome in Washington. aires. But what about Republicans? These working families deserve a pay- It gives the banks more than they ac- Fifty-seven percent of Republicans sup- roll tax cut of 3 percent. What would tually have to expend to process, but it port raising taxes on millionaires and— that mean? Three percent doesn’t doesn’t hit the retailers hard. hang on tight—55 percent of tea party sound like much, but look what it I went to the Rock Island Country supporters agree with raising taxes on means in Illinois. Our average wage in Market when I was back home in millionaires. Illinois is about $53,000 a year. The 3- downstate Illinois. Carl, the manager, It turns out that the majority of percent payroll tax cut would give to talked about his morning special, a cup Americans at every political level be- these families between $125 and $130 a of coffee and a doughnut at the country lieve this is a reasonable proposal. The month. A Senator may not miss that market, 99 cents. He said, Senator, do only problem is, we can’t find a Repub- amount of money, but for a lot of you know what it feels like when some- lican Senator or a House Member who working families, it is the difference one hands me a debit card for that 99- agrees. They have said they will vote between filling your gas tank and buy- cent transaction? I not only didn’t against anything that includes a penny ing the shoes for the kids to go to break even, I lost money, and I will more in taxes for those who are mak- school. So the President’s payroll tax lose it every time. ing over $1 million a year. cut puts money in the hands of work- We have to give retailers a fighting I think Americans believe we are all ing families to buy the goods and serv- chance. When the Senator from Utah in this together. Everyone has to sac- ices to get the economy moving for- comes to the floor and says we should rifice. Families sacrifice every day. ward. not do that, that we should stand by Businesses are sacrificing, trying to What else does the President sug- the Wall Street banks and the credit stay open and prosper in a rough and gest? He suggests in his jobs act that card companies, I think he lost sight of challenging economy. It is not unrea- we need to provide tax incentives for the fact that Main Street, not Wall sonable to ask those who are doing well small businesses to hire the unem- Street, is where jobs are created in in America to pay a little more so we ployed. One of the things the President America. Helping retailers, large and can get this economy moving forward said when he spoke to us is we ought to small, be profitable, be able to reduce and create jobs. make sure every veteran who served prices on their goods and hire more WALL STREET REFORM our country can find a job when they people is the way for us to emerge from There are two other points raised by get home by offering incentives for this situation and have more people the Senator from Utah I wish to ad- businesses to hire returning soldiers. working across America. dress. One of them is, he said he is That is government involved. We cre- There is great controversy associated against the Wall Street reform package ate that incentive. The Republican side with the fact that President Obama we passed. Do my colleagues remem- says: Get government out of the way. I made a suggestion when he spoke to us ber—it hasn’t been that long ago— don’t think so. These men and women about the jobs bill and when he said to when we were told by the previous who served our country, who risked us: I am going to pay for it. Whatever President that if we didn’t provide al- their lives, who fought for America, I do with this jobs bill, whether it is most $800 billion of taxpayers’ money should not have to come home and extending unemployment benefits, pay- to the biggest banks in America, they fight for a job and lose that fight. We roll tax cuts for working families, a would fail and the economy would cra- ought to stand by them and help them break for small businesses to hire vet- ter? It is a day I will never forget be- find work. That is part of President erans and other unemployed people, we cause it is a stark choice: take $800 bil- Obama’s jobs bill, and it is a reasonable are going to pay for it. We are not lion out of our Treasury with all our part. Cutting the payroll taxes, cutting going to add this to the deficit. He debt and give it to Wall Street banks the taxes that businesses, including came up with a plan to do it. I thought or run the risk of our economy col- small businesses, pay so they are more his plan was reasonable. We have lapsing. Many of us said we will stand profitable and can hire more people is a talked on the Democratic caucus side with President Bush’s proposal. We will reasonable thing to do. and come up with a plan that is more see if we can keep these banks staying I was amused that the Senator from acceptable to our caucus, and I can ac- afloat. Does anyone remember the Utah brought up one of my issues that cept it too. Here is what it is. It is a thank-you note we got from the major I have worked on, and that is the debit little over a 5-percent surcharge on bankers across America for the $800 bil- card swipe fee. If you use a debit card people who are making over $1 million lion in TARP funds? They gave mil- to make a purchase at a restaurant, a a year—a 5-percent surcharge on their lion-dollar bonuses to their officers. grocery store, a drugstore, a bookstore, income tax. These are people who are The same people who were in charge whatever it happens to be, and they making $20,000 a week—$20,000 a week— and who drove their banks into the would swipe that card, the retailer you and the President has suggested they ground and drove the economy into the bought that good or service from has to should pay their fair share. We have ground that forced the taxpayers’ bail- pay a fee to the bank and major credit come up with a more specific ap- out were ending up with millions of card company. Well, it turns out that proach—a little over a 5-percent surtax dollars in bonuses. the fee—the so-called swipe fee—is dra- to pay for what it will take to get the We decided with Wall Street reform matically larger than the actual cost jobs act moving forward and get the to say, once and for all, we are not of the transaction to the bank and economy moving forward, which will be going down this road again. This no- credit card company. to everyone’s benefit, rich and poor tion that some of these Wall Street Let me give you some numbers. The alike, across America. banks and bigger banks are too big to Federal Reserve investigated, and here One would think we said something fail has to come to an end. So we is what they found: To use a debit card heretical—the protests that were re- passed Wall Street reform to try to to make a purchase costs the bank and ceived from the Republican side of the straighten out some of the abuses that credit card company somewhere be- aisle in the House and the Senate. led to this recession. We didn’t get a

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.049 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6301 single vote on the Republican side of known that if we couldn’t get basic mittee. Earlier this year, I also had an the aisle—not one. They don’t want the health insurance for our child, it could opportunity to visit China with a num- government to exercise any power of jeopardize the quality of care that was ber of my colleagues and learn more oversight, to police the ranks of those available. We changed that law. We about this issue as we met with their in the financial industry who are not said they cannot discriminate against government officials. dealing with this situation responsibly. children under the age of 18 because of It is clear the efforts of the Chinese That is their position. preexisting conditions. We are moving Government to peg its currency I happen to believe government has a toward eliminating that discrimina- against the dollar give unfair benefits legitimate role. When those banks were tion across the board. Is that unreason- to the Chinese exporters at the expense about to fail, they loved government. able? I think it is realistic and humane of U.S. manufacturers. The United They couldn’t wait to get our money. and it is a good thing to do. States should take additional action to They got the money and survived and The second thing we did was to help pressure their government to reevalu- then gave one another bonuses. The senior citizens getting prescription ate Chinese currency. government said: Now you have to drugs under Medicare who get stuck However, this is not a new problem. clean up your act, and they said: Get with something called the doughnut China currency has been a priority for out of the way. Government is nothing hole. It is a gap in coverage of almost both President George W. Bush and but a big old problem. $2,000 a year that they have to take out President Obama. Through a number of The American people know better. of their savings accounts to pay for ex- venues, including the Joint Commis- We want Wall Street and the big banks pensive prescription drugs. We are clos- sion on Commerce and Trade talks, our to be held accountable. We never want ing that hole over a period of a number officials at all levels have raised this to go down this bailout road again, and of years so seniors will have seamless issue with little response. This experi- I think—and I hope most Americans coverage, start to finish. That is part ence shows that action by the United believe—that oversight of these banks of health care reform. Those who are States alone is not enough. We know is absolutely essential to make sure we calling for its repeal ought to stand other major global trading powers have have money available and these banks and say exactly that they want to get the same concern, but we continue to are sound. rid of that as well. act individually. Just this summer, the HEALTH CARE REFORM We also provide coverage under the German Government made a renewed The last point I will make relates to family health insurance plan for chil- attempt to gain more flexibility in Chi- the health care issue. I see my col- dren up to the age of 26. It expands the na’s currency. The full European Union league from Colorado on the floor, and reach of family health insurance for re- has followed suit, but they, too, have I am happy to yield to him in just a cent high school and college graduates had little gain. But the United States couple minutes. who may not have a job. It is an impor- and the European Union are not the The health care issue is one that is a tant coverage factor that I am glad we only ones concerned about China cur- frequent source of conversation among included in this bill. rency. A number of emerging econo- the political talking heads and elected There is more we need to do. But to mies, including both India and Brazil, officials here in Washington. Recently, walk away from health care reform, to have also made the same plea. So the many on the other side of the aisle walk away from efforts to preserve question I ask now is why are we con- have been holding almost daily press quality and reduce the cost in health sidering a bill that puts the United conferences—one was reported today in care is a step in the wrong direction for States in a position of going it alone? the Washington Post—where they get the quality of life of American families That is one reason I am a cosponsor very worked up over the President’s and for dealing with this deficit chal- of the Hatch amendment No. 680. This health care reform bill, which I was lenge we face. substitute amendment retains the des- proud to support, and say it is the rea- I sincerely hope my colleagues on the ignations included in the underlying son for virtually every problem in other side of the aisle will consider bill that define a ‘‘fundamentally mis- America. joining us in offering amendments and aligned currency’’ while giving direc- Let me tell my colleagues on both modifications to the President’s jobs tion to the administration to pursue sides the reality. Having served on the act. What is absolutely unacceptable is action through multilateral channels. deficit commission, we cannot reduce to do nothing. Unfortunately, many of The amendment also thinks forward by the deficit and the rate of growth in them believe that is exactly what we making the issue of currency misalign- our national debt without coming to should do: Don’t let government get in- ment a priority issue in both our cur- grips with the cost of health care. volved in any respect when it comes to rent trade negotiations and in future Whether it is a family, a business or the unemployment across America. trade agreements. It is important that any level of government, the cost of Whether it is unemployment benefits, the United States not act by itself health care is breaking the bank. What helping working families, giving incen- when it comes to pressuring China on we tried to do, and I think we will do, tives to small businesses to hire vet- this issue. I have found in my experi- is to come up with a fair way to bring erans and other people, putting money ence that when it comes to economic down the rate of growth and the cost of into infrastructure in America—these policy in our globalized world, the mul- health care. I am not naive enough to are things we can and should do to- tilateral approach is the most success- believe we are going to actually bring gether as a nation to bring this econ- ful. That is one reason I do not support down health care costs dramatically. omy forward and to reduce the unem- imposing unilateral economic sanc- What we are trying to do is to slow ployment we are currently facing. tions on any nations. I am hopeful the that rate of growth, and that is some- I yield the floor. Senate will have an opportunity to thing we can achieve. The PRESIDING OFFICER. Expres- vote on and include the Hatch amend- I take a look around at what we are sions of approval are not in order. ment in this bill. faced with when it comes to health The Senator from Wyoming. I also wish to speak about an amend- care and the dilemmas we face, how Mr. ENZI. Madam President, if I had ment I am working on with my col- many people before this health care re- the time, I would contest a few things league from Oregon, Senator MERKLEY. form bill had virtually no protection. my colleague from Illinois said, but I Given that this bill is about enforce- One of the things we did in health care am not going to make a political ment of trade obligations, we filed an reform, which I suppose those who speech; I am going to speak on the bill amendment that would encourage our want to repeal it want to get rid of, that is currently before the Senate officials to counternotify those nations was to say they couldn’t penalize a per- which is the China currency bill. that have failed to report on the gov- son or a family because of preexisting So I rise to speak on the China cur- ernment subsidies that are provided to conditions. Children under the age of 18 rency bill. China’s undervaluation of industries engaged in international could not be denied on a family policy its currency is a serious problem. It is trade and in competition with us. The because of a preexisting condition. an issue I studied when I was a member World Trade Organization agreement Many parents, such as my own family, of the Senate Banking Committee and on subsidies and countervailing meas- have lived through this and have now as a member of the Finance Com- ures establishes base rules for when

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.041 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6302 CONGRESSIONAL RECORD — SENATE October 6, 2011 members can provide subsidies. An im- China’s trade-distorting policies that We ask that the Department of Commerce portant element of that agreement for put it at a competitive disadvantage. and the U.S. Trade Representative’s Office compliance is a measure that requires Specifically, China’s VAT rebate on ex- ensure that the soda ash VAT rebate is each country to disclose annually in- ports reduces China’s production costs. raised at the highest levels with Chinese offi- cials at the JCCT meetings this year. The formation about their subsidies. China It undermines U.S. soda ash exports in message should be as clear as it is con- agreed to these obligations in 2001. other markets. Moreover, Chinese soda vincing; namely, China should live up to its However, since joining the WTO 10 ash is produced through synthetic repeated pledge to discourage the expansion years ago, China has only made its re- processes that are both extremely of highly-polluting and energy-intensive sec- quired notification once. That was in harmful to the environment and are tors such as its own soda ash industry. Poli- 2006, and it was largely incomplete. energy intensive. cies aimed at promoting soda ash exports, The amendment we have offered re- China’s manipulation of its VAT re- such as the VAT rebate, are inconsistent quires the U.S. Trade Representative bate has been raised multiple times by with China’s own stated goals and a direct threat to U.S. interests. to use its authority under the WTO Members of this Chamber, as well as We greatly appreciate your consideration subsidies agreement to counternotify a our House colleagues. On May 31, 2011, we asked Commerce Secretary Gary of this request and look forward to your re- nation that has failed to meet this ob- sponse. ligation 2 years in a row. I am told the Locke and U.S. Trade Representative Michael B. Enzi, John Barrasso, M.D., U.S. Trade Representative plans to act Ron Kirk to keep this issue on its David Wu, Joseph I. Lieberman, Robert this afternoon by submitting informa- agenda with the Chinese and fight for Menendez, Cynthia Lummis, Ron tion to the WTO that identifies China’s its elimination. Wyden, , James A. Himes, failure to comply with this require- Madam President, I ask unanimous Frank Lautenberg. consent to have printed in the RECORD ment. I am hopeful this will lead to ac- Mr. ENZI. For over 2 years, China has the text of the letter to Secretary curate and consistent reporting by provided its domestic manufacturers those governments that continue to Locke and Ambassador Kirk. There being no objection, the mate- with an artificial incentive to export disregard their trade obligations. rial was ordered to be printed in the through the 9-percent VAT rebate on This problem with reporting sub- soda ash. When this incentive is re- RECORD, as follows: sidies points to the larger issue we moved, a truly competitive market can CONGRESS OF THE UNITED STATES, have with China aside from currency be restored for global exports of soda misalignment. There are other signifi- Washington, DC, May 31, 2011. Hon. GARY LOCKE, ash. I look forward to a lively discus- cant Chinese policies that put the U.S. Secretary of Commerce, sion on this issue when the United United States at an economic dis- Constitution Ave., NW, States and China meet for the Joint advantage and deserve our attention. Washington, DC. Commission on Commerce and Trade One such policy I wish to highlight is Hon. RON KIRK, ministerials this fall. China’s policy of giving value-added U.S. Trade Representative I do not want to underestimate the tax—VAT—rebates to artificially pro- 17th Street, NW. Washington, DC. importance of the China currency mote exports. issue. However, this debate cannot On April 1, 2009, China reinstated a 9- DEAR SECRETARY LOCKE AND AMBASSADOR KIRK: We are writing to express our contin- overlook the significant trade imbal- percent rebate of its 17 percent VAT on ued concerns about China’s use of a Value- ances caused by other Chinese Govern- soda ash exports, another instance of Added Tax (VAT) rebate to promote its soda ment policies that disadvantage U.S. China manipulating commercial out- ash industry at the expense of U.S. exports. industries. If you ask our officials, comes through a government industrial For over two years, China has provided its they will not hesitate to say that the policy. In 2009, during the depths of the domestic manufacturers with an artificial incentive to export through a 9% rebate of currency issue is just the tip of the ice- global economic crisis, China’s soda berg. There are countless tariffs, sub- ash exports increased 9 percent, while the 17% VAT. For a number of reasons, we ask that the issue of the soda ash VAT re- sidies, and nontariff barriers that keep global demand for soda ash was in free bate be specifically included on the JCCT the United States out of China at the fall. That same year, U.S. exports of agenda this fall. cost of U.S. jobs. That is why I am dis- soda ash fell 19 percent. This is just one After suspending its VAT rebate for soda appointed my colleague, the majority ash in July 2007, China reinstated the soda of the countless examples where Chi- leader, has not yet allowed Members to na’s producers pay little attention to ash rebate in April 2009 to encourage its own exports during the global economic crisis. offer the amendments on trade and jobs market conditions and instead are they wish to offer. being driven by artificial incentives to China’s state-supported soda ash industry is the largest in the world and this policy is Our economic policies with China ex- export. harmful to its international competitors, Continuation of such a policy puts tend far beyond the currency issue, and particularly U.S. soda ash manufacturers. As this bill should be the forum to raise U.S. jobs and the soda ash industry at you may know, U.S. soda ash has a natural risk, which is why I have led an effort advantage over Chinese soda ash, based on a and debate those concerns. This bill to have our government press China for manufacturing process that is much more has been sold as a jobs bill and a trade the elimination of the VAT rebate on sustainable in terms of environmental pro- bill and, therefore, should be open to soda ash. tection and energy use than the synthetic amendments about jobs and trade. Al- The U.S. natural soda ash industry processes used in China. China’s manipula- lowing amendments now is especially tion of the VAT rebate to support its domes- employs over 3,000 workers in Wyoming important since this is yet another bill tic soda ash industry also has wider implica- brought directly to the floor without and California, another 100 dock work- tions—not only is it economically unjusti- ers in Portland, OR, as well as railroad fied, it contravenes China’s own interests in the benefit of committee consider- workers who help transport soda ash. shifting energy resources from more produc- ation. Half of all workers employed in the tive and efficient industries. Our companies and exporters are soda ash industry are dependent on ex- We must focus on Chinese policies that are among the best in the world, but it is ports for their jobs. a direct threat to U.S. exports and U.S. jobs. tough for them to succeed when other The soda ash VAT rebate is one such policy. nations allow competitors to ignore The U.S. soda ash industry is an ex- Chinese exports compete directly with U.S. port success story. For the first time in soda ash exports in the Asia-Pacific market the rules they have agreed to follow. 2010, the U.S. soda ash industry shipped and beyond. Although the VAT is just one Without a doubt, something needs to more product to overseas markets than part of China’s overall industrial policy, the be done about currency misalignment it did to domestic customers, and ex- soda ash VAT rebate is a distinct threat to in China. However, for it to be success- ports continue to grow in 2011. Domes- U.S. manufacturing in a sector where the ful, we have to take a holistic ap- tic demand for soda ash is flat, so United States enjoys a natural competitive proach. I am hopeful the Senate will growth in the U.S. soda ash industry is advantage. If we don’t stand up for the pil- consider these ideas, including the lars of our export-based manufacturers like Hatch amendment. If the United States entirely dependent on maintaining and the soda ash industry—and the U.S. workers expanding its exports. employed throughout the soda ash supply continues to go it alone, we will con- The United States is the most com- chain—we cannot seriously contend we are tinue to have the same problems. We petitive soda ash producer in the world, doing everything we can to support U.S. ex- must consider legislation that not only but it will continue to be confronted by ports. authorizes U.S. action but encourages

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.042 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6303 the administration to pursue the cur- households, to fundamentally change the ing gains, boosted by formerly middle-class rency issue with other nations that way it develops and sells its goods. For the families facing shrunken budgets. Dollar may have the same concern. first time in 38 years, for example, the com- stores garnered steady sales increases in re- Madam President, I yield the floor. pany launched a new dish soap in the U.S. at cent years, easily outpacing mainstream a bargain price. counterparts like Target Corp. and Wal-Mart The PRESIDING OFFICER. The Sen- P&G’s roll out of Gain dish soap says a lot Stores Inc., which typically are more expen- ator from Colorado. about the health of the American middle sive. THE ECONOMY class: The world’s largest maker of consumer P&G’s profits boomed with the increasing Mr. BENNET. Madam President, I am products is now betting that the squeeze on affluence of middle-class households in the middle America will be long lasting. here today to talk a little bit about the post-World War II economy. As masses of ‘‘It’s required us to think differently about housewives set up their new suburban homes, state of our economy. I have spent the our product portfolio and how to please the P&G marketers pledged that Tide detergent summer and early fall traveling around high-end and lower-end markets,’’ says delivered cleaner clothes, Mr. Clean made the beautiful State of Colorado, having Melanie Healey, group president of P&G’s floors shinier and Crest toothpaste fought off townhall meetings and listening to North America business. ‘‘That’s frankly more cavities. In the decades since, new fea- people who mostly start the conversa- where a lot of the growth is happening.’’ tures like fragrances or ingredient and pack- In the wake of the worst recession in 50 tions by saying: What is wrong with aging enhancements kept P&G’s growth ro- years, there’s little doubt that the American bust. you people in Washington? Why can’t middle class—the 40% of households with an- you work together to actually get any- Despite its aggressive expansion around nual incomes between $50,000 and $140,000 a the world, P&G still needs to win over a thing done there? year—is in distress. Even before the reces- healthy percentage of the American popu- They are short of slogans these days, sion, incomes of American middle-class fami- lation, because the U.S. market remains its and they are desperate for us to turn lies weren’t keeping up with inflation, espe- biggest and most profitable. In the fiscal this economy around. They know what cially with the rising costs of what are con- year ended June 30, the U.S. delivered about sidered the essential ingredients of middle- the consequences have been of living in 37% of P&G’s $82.6 billion in annual sales and class life—college education, health care and an estimated 60% of its $11.8 billion in profit. a country that for the first time in its housing. In 2009, the income of the median P&G says that Americans per capita spend history has had median family income family, the one smack in the middle of the about $96 a year on its products, compared falling, at a time when their cost of middle, was lower, adjusted for inflation, with around $4 in China. health insurance has been sky- than in 1998, the Census Bureau says. During the early stages of the recession, The slumping stock market and collapse in rocketing, their cost of higher edu- P&G executives defended its long-time ap- housing prices have also hit middle-class cation is going through the roof. proach of making best-in-class products and Americans. At the end of March, Americans charging a premium, expecting middle-class I thought the Wall Street Journal had $6.1 trillion in equity in their houses— Americans to pay up. captured this in a way that I have been the value of the house minus mortgages— But cash-strapped shoppers, P&G learned, unable to. In a very vivid way, on the half the 2006 level, according to the Federal aren’t as willing to splurge on household sta- Reserve. Economist Edward Wolff of New front page a couple weeks ago, there ples with extra features. Droves of con- York University estimates that the net was an article that was entitled: ‘‘As sumers started switching to cheaper brands, worth—household assets minus debts—of the Middle Class Shrinks, P&G’’—that is slowing P&G’s sales and profit gains and middle fifth of American households grew by Procter & Gamble—‘‘Aims High and denting its dominant market share posi- 2.4% a year between 2001 and 2007 and Low.’’ That article is about one of the plunged by 26.2% in the following two years. tions. most iconic middle-class brands imag- P&G isn’t the only company adjusting its In late 2008, unit sales gains of P&G’s inable, Procter & Gamble. business. A wide swath of American compa- cheaper brands began outpacing its more ex- Ninety-eight percent of the house- nies is convinced that the consumer market pensive lines despite receiving far less adver- tising. As the recession wore on, U.S. mar- holds in this country have a product in is bifurcating into high and low ends and eroding in the middle. They have begun to ket-share gains for P&G’s cheaper Luvs dia- their house that is produced by Procter pers and Gain detergent increased faster & Gamble: Crest toothpaste, Head & alter the way they research, develop and market their products. than its premium-priced Pampers and Tide Shoulders shampoo, Tide water deter- Food giant H.J. Heinz Co., for example, is brands. gent, Pampers diapers, Bounty paper developing more products at lower price At the same time, lower-priced competi- towels. The list goes on: Duracell bat- ranges. Luxury retailer Saks Inc. is bol- tors nabbed market share from some of teries, Mr. Clean, Pepto-Bismol, stering its high-end apparel and accessories P&G’s biggest brands. P&G’s dominant fab- because its wealthiest customers—not those ric-softener sheets business, including its Pringles potato chips—stuff that did Bounce brand, fell five percentage points to not even exist before there was a mid- drawn to entry-level items—are driving the chain’s growth. 60.2% of the market as lower-priced options dle class in this country to buy it. Citigroup calls the phenomenon the ‘‘Con- from Sun Products Corp. and private-label That is the great brand of Procter & sumer Hourglass Theory’’ and since 2009 has brands picked up sales from the second quar- Gamble, and it is still a great brand. urged investors to focus on companies best ter of 2008 through May 2011, according to a But this article is about how they are positioned to cater to the highest-income Deutsche Bank analysis of data from mar- changing their business model to re- and lowest-income consumers. It created an ket-research firm SymphonyIRI. flect the current economic realities index of 25 companies, including Estee P&G’s grasp of the liquid laundry deter- gent category, led by its iconic Tide brand, and economic realities they believe are Lauder Cos. and Saks at the top of the hour- glass and Family Dollar Stores Inc. and Kel- also posted a rare slip over the same period actually going to persist for some time. logg Co. at the bottom. The index posted a as bargain-priced options from Sun and I will quote from the article, Madam 56.5% return for investors from its inception Church & Dwight Co. gained momentum. President, which I ask unanimous con- on Dec. 10, 2009, through Sept. 1, 2011. Over Even the company’s huge Gillette refill razor sent to have printed in the RECORD. the same period, the Dow Jones Industrial market suffered, declining to 80.1% by May There being no objection, the mate- Average returned 11%. from 82.3% in the second-quarter of 2008, as rial was ordered to be printed in the ‘‘Companies have thought that if you’re in Energizer Holdings Inc.’s less-expensive the middle, you’re safe,’’ says Citigroup ana- Schick brand gained nearly three points. RECORD, as follows: lyst Deborah Weinswig. ‘‘But that’s not P&G began changing course in May 2009. [From The Wall Street Journal, Sept. 12, where the consumer is any more—the con- After issuing a sharply lower-than-expected 2011] sumer hourglass is more pronounced now earnings forecast for the company’s 2010 fis- AS MIDDLE CLASS SHRINKS, P&G AIMS HIGH than ever.’’ cal year, then-CEO A.G. Lafley said the com- AND LOW Companies like Tiffany & Co., Coach Inc. pany would take a ‘‘surgical’’ approach to and Neiman Marcus Group Inc., which cater cutting prices on some products and develop (By Ellen Byron) to the wealthy, racked up outsize sales last more lower-priced goods. ‘‘You have to see For generations, Procter & Gamble Co.’s Christmas and continue to post strong sales. reality as it is,’’ Mr. Lafley said. growth strategy was focused on developing Tiffany says its lower-priced silver bau- When the company’s 2009 fiscal year ended household staples for the vast American mid- bles, once a favorite of middle-class shoppers a month later, P&G’s sales had posted a rare dle class. craving a small token from the storied jew- drop, falling 3% to $76.7 billion. Now, P&G executives say many of its eler, are now its weakest sellers in the U.S. In August that year, P&G’s newly ap- former middle-market shoppers are trading ‘‘I think that there’s probably more separa- pointed CEO, company veteran Robert down to lower-priced goods—widening the tion of affluence in the U.S.,’’ Tiffany Chief McDonald, accelerated the new approach of pools of have and have-not consumers at the Operating Officer James Fernandez said in developing products for high- and low-in- expense of the middle. June. come consumers. That’s forced P&G, which estimates it has Firms catering to low-income consumers, ‘‘We’re going to do this both by tiering our at least one product in 98% of American such as Dollar General Corp., also are post- portfolio up in terms of value as well as

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.044 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6304 CONGRESSIONAL RECORD — SENATE October 6, 2011 tiering our portfolio down,’’ Mr. McDonald down to lower-priced goods—widening the time in our country’s history, in the said in September 2009. pools of have and have-not consumers at the last 20 years. What that means is peo- To monitor the evolving American con- expense of the middle. . . . ple are earning $4,000 and $5,000 less in sumer market, P&G executives study the P&G isn’t the only company adjusting its real income at the end of the decade Gini index, a widely accepted measure of in- business. A wide swath of American compa- come inequality that ranges from zero, when nies is convinced that the consumer market than they were at the beginning of the everyone earns the same amount, to one, is bifurcating into high and low ends and decade. Although I guess I should point when all income goes to only one person. In eroding in the middle. They have begun to out here, as well, that during the time 2009, the most recent calculation available, alter the way they research, develop and median family income was falling, av- the Gini coefficient totaled 0.468, a 20% rise market their products. erage family income went up, reflect- in income disparity over the past 40 years, In other words, they have begun to ing the widening gap between rich and according to the U.S. Census Bureau. alter their business plan with the as- poor in this country and reflecting a ‘‘We now have a Gini index similar to the diminishing middle class. Philippines and Mexico—you’d never have sumption that the middle class is evaporating in this country and that This line is unemployment. It does imagined that,’’ says Phyllis Jackson, P&G’s not take a genius to figure out that vice president of consumer market knowl- their growth markets are the very edge for North America. ‘‘I don’t think we’ve richest among us, on the one hand, and when the green line crosses again and typically thought about America as a coun- the very poorest among us, on the our GDP is where it was before we even try with big income gaps to this extent.’’ other hand. had this recession—and it will—we do Over the past two years, P&G has acceler- Let me close on this part by reading not have an answer for people who have ated its research, product-development and near the end of this story: been dislocated as a consequence of our marketing approach to target the newly di- To monitor the evolving American con- economy becoming more efficient and vided American market. more productive. These jobs are going Globally, P&G divides consumers into sumer market, P&G executives study the three income groups. The highest-earning Gini index, a widely accepted measure of in- to be created not by legacy firms from ‘‘ones’’ historically have been the primary come equality that ranges from zero . . . to the last century but by businesses that bracket P&G chased in the U.S. as they are one. . . . In 2009, the most recent calculation are going to be started tomorrow and the least price sensitive and most swayed by available, [there was] a 20% rise in income the week after that and the week after claims of superior product performance. But disparity over the past 40 years. . . . that. as the ‘‘twos,’’ or lower-income American Here is the next quote: Rather than having a partisan debate consumers, grew in size during the recession, ‘‘We now have a Gini index similar to the here in Washington, we should be hav- P&G decided to target them aggressively, Philippines and Mexico—you’d never have ing a bipartisan discussion about how too. P&G doesn’t specifically target the low- imagined that,’’ says Phyllis Jackson, P&G’s to change our Tax Code and change our est-income ‘‘threes’’ in the U.S., since they vice president of consumer market knowl- regulatory code to make it easier—not comprise a small percentage of the popu- edge for North America. ‘‘I don’t think we’ve harder—for small businesses to be cre- lation and such consumers are typically typically thought about America as a coun- heavily subsidized by government aid. try with big income gaps to this extent.’’ ated and to compete and to make sure we are creating jobs here in the United At the high end, it launched its most-ex- I do not think that is the way we pensive skin-care regimen, Olay Pro-X in States that are actually lifting median have thought about America either be- 2009, which includes a starter kit costing family income rather than driving it cause that is not what America has around $60. Previously, the Olay line had downward. topped out around $25. Last year, the com- been for generation after generation, This is what has happened to manu- pany launched Gillette Fusion ProGlide ra- decade after decade, going back to the facturing in the United States since zors at a price of $10 to $12, a premium to founding of this country. 2001. I invite anybody to look on our Gillette Fusion razors, which sell for $8 to Why do I come to the floor to talk Web site if they want to look at these $10, and Gillette Mach3, priced at $8 to $9. about this? It is because the debate in charts themselves or use them in their At the lower end, its new Gain dish soap, this place is becoming more and more own meetings. But this top line is our launched last year, can sell for about half unmoored from the facts, and people per ounce of the company’s premium Dawn manufacturing output. You can see Hand Renewal dish soap, which hit stores in need to be reminded, I think, here—not that has been rising. This other line, late 2008. in Colorado—but here about what the going back from 2001 to today, is manu- Developing products that squarely target problem is we are actually trying to facturing employment. Output rising; the high and low is proving difficult for a solve. employment falling. company long accustomed to aiming for a Here, as shown on this chart, is our People in my State know we did not giant, mainstream group. current economic challenge. The top Conquering the high end is difficult be- get here yesterday. This has been hap- line is our productivity index, going pening to them for the last decade or cause it usually involves a smaller quantity back to 1992, that blue line. You will of products. so. They want us to be responsive to ‘‘We do big volumes of things really well,’’ notice it fell slightly during the reces- that. said Bruce Brown, P&G’s chief technology sion, and then it took off again like a This is the median family income officer. ‘‘Things that are smaller quantities, rocket. Why? Because firms all over chart: In 1999, median family income with high , we’re learning how to do the country were having to figure out was roughly $53,000. In 2010, it was that.’’ how to do what they were doing, Likewise, the cost challenges at the bot- $49,000—a $4,000 drop in real dollars produce what they were producing, since 1999; a 7.1-percent decrease. Peo- tom of the pyramid are also proving dif- with fewer people in order to survive in ficult, Mr. Brown said. Over the past two ple are coming to me and saying: MI- years, P&G has increased its research of the this recession. The combination of CHAEL—they may not know it is a 7.1- growing ranks of low-income American competing in a global economic envi- percent decrease, but they know they households. ronment, which was not even present are earning less. They know that 10 ‘‘This has been the most humbling aspect remotely in the way it is today in the years ago when they set out to save for of our jobs,’’ says Ms. Jackson. ‘‘The num- 1980s, required us to be more produc- college for their 8-year-old, they were bers of Middle America have been shrinking tive. The technological revolution this expecting to be earning more at the because people have been getting hurt so country has spawned and led has al- badly economically that they’ve been falling end of the decade. Now their kids are into lower income.’’ lowed us to become more productive. going to school, and they are saying: I You can see from this green line— Mr. BENNET. I quote: can’t afford it. Tuition has sky- which is gross domestic product—our rocketed. I can’t send my kid to the P&G’s profits boomed with the increasing economy actually has started to come best school they got into. What a affluence of middle-class households in the back. We are about two-thirds of the post-World War II economy. waste. way back to where we were before this I would ask you, Madam President, The story I was just telling. recession started. But what my fami- whether any of us think we can afford The article starts out by saying: lies are feeling in Colorado and what another decade like that at the begin- For generations, Procter & Gamble Co.’s the Presiding Officer’s families are ning of this new century. If we con- growth strategy was focused on developing household staples for the vast American mid- probably feeling in Missouri is in these sume a fifth of the 21st century driving dle class. other two lines. This line represents American middle-class income down, Now, P&G executives say many of its median family income which, as I said we are going to have a very tough time former middle-market shoppers are trading earlier, continues to drop, for the first recognizing ourselves.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.006 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6305 This next chart is something that is family incomes rather than driving The last time we were creating jobs not noted by many, but I used to be a them down. That is what we should be in this country we created roughly 5.3 school superintendent, so I have an in- debating in Washington. million for people with a college de- terest in our education. This chart Like you, Madam President, I have a gree, 3.5 million for people with some- shows unemployment during this reces- deep concern about the fiscal condition thing north of a high school diploma. sion based on educational attainment. of the country. We have $1.5 trillion of No new jobs for people with a high The worst it ever got for folks with a deficit, and we have $15 trillion of debt, school degree, and we lost jobs for high college degree in this country was 4.5 and we do not have the apparent will to school dropouts. percent during this recession. For peo- address that problem. We can address So if you care about the strength and ple who had less than a high school di- that problem. We should be adopting success of the American economy, if ploma, it was 15 percent. For people the kind of policies that were rec- you care about maintaining the mantle with a high school degree, it was ommended by the bipartisan commis- of the land of opportunity, if you care around 12 percent. sion, Bowles-Simpson, that together about the idea that the job of one gen- Here is what else we have done over combines to take $4 trillion out of our eration is to put another generation the last 10 years. This chart shows our deficit situation over the next 10 years. into a position to succeed and con- poverty rate in this country. They did it by asking everybody to tribute in the economy and the democ- This is why we have to move past the have a share in the sacrifice. We should racy, you need to care about what we politics and into a substantive con- be debating that on the floor of the are doing with our education system. versation about where we want to take Senate. We should be supporting the We could be talking about that. We this country as Republicans and Demo- work that the Gang of 6 has tried to do, could be doing regulatory review to crats together. These lines are people not just because it will help us with make sure we have a process to get rid who are Republicans and Democrats our fiscal situation, which is critical, of old regulations that do not make and Independents, who are seeing their but because it will help us with our sense and put in ones that do. I know income driven down, who are seeing jobs situation. in Colorado we have a huge interest in their wealth destroyed, and expect us There is $2.3 trillion of cash, by some ending our reliance on foreign oil. Ev- to at least be able to have a civil con- estimates, sitting on the balance erywhere I go people talk about that. versation about it on the floor of the sheets of America’s corporations that Everywhere I go people wonder wheth- Senate. is not being invested now because peo- er it would not be better to have an en- Did you know that poverty has in- ple are deeply worried that they cannot ergy policy that created energy inde- creased by 46 percent since the year predict what interest rate environment pendence for this country instead of 2000 in the United States of America? we are going to be in because we can- having one—or a lack of one may be a There are 46 million people in our not get our fiscal house in order and better way of saying it—that forces us country of 300-and-some million that because the government is financing to shift billions of dollars a week to the live in poverty today. Thirty-five per- its debt on short-term paper, which Persian Gulf for the privilege of buying cent of them are kids. Two percent of easily could rise. Every rise in our in- their oil because we do not have a pol- the children in the United States today terest rate will add $1.3 trillion to the icy. are living in poverty. One-fifth of the debt over the next 10 years. We could be thinking about advanced children in our country are living in These are the facts. I have a list of manufacturing. We could be elimi- poverty. what we could be doing today. I will nating the technology gap. We could be As I mentioned earlier, this has not not dwell on it. We could be reforming modernizing the FDA. There is no affected everybody the same in our and simplifying our Tax Code. We could shortage of things we can do if we come economy. This is the average income be adopting a long-term research and together to do it. growth for the top 1 percent of income development strategy. We could be in- I see my colleague from Oregon is earners in the United States. This is vesting, as Republicans and Democrats here, so I will wrap up in 1 minute. But the top 5 percent. This is the top 10 have done for decades if not centuries, in order to be able to get to any of percent. And it seems almost insane to in our infrastructure. We could bring that, in order to get to any of that, we describe it this way, but the bottom 90 our public education system into the have to knock off the political games percent, 9 out of 10 income earners—9 21st century, which would matter a lot and actually start working together out of 10 income earners—this is what not just to our middle-class kids but to around this place. has happened to their income since 1967 kids living in poverty as well. Two days ago there was an article in in real dollars, inflation-adjusted dol- Did you know that today, if you are the Washington Post—I think it was— lars. It has been absolutely stuck and a child born in poverty—whether you that said that the United States Con- flat at the bottom of this curve, all of are rural or urban, it does not matter— gress has a 14-percent approval rating, which leads me to show the most dis- your chances of getting a college de- and the joke around here is, well, who turbing slide of all, which I know is gree are 9 in 100—9 in 100—which means in the world are those 14 percent who hard to read. But let me tell you what that the day you are born, if you are think we are doing a good job? But it is it says—and you can find it on the Web among those 100 kids, out of the shoots not a joke. This is serious. There is a site. 91 of you are consigned to the margins reason our approval rating is in the It says we have not seen this level of of the democracy, the margins of our basement. It is because instead of income inequality in the United States economy. working on the things that actually of America since 1928. That is the last If we do not change the way we edu- would drive productivity in this coun- time that the so-called bottom 90 per- cate our kids, and even if we do not try, would drive job creation in this cent of earners—9 out of 10 earners— care from their point of view what the country, would most importantly drive earned roughly 45 percent of the in- implications of that are—and I deeply median family income up instead of come in the country. Here in 1928, and do care about that as the father of down, we are fighting with each other. here in 2011. I do not think our democ- three little girls. I think everybody I want to go back to Colorado and racy can sustain itself with another should have an opportunity to grad- have an answer for the people in my decade or two of numbers such as this. uate from high school, go on to college townhalls who could care less—could We have to do better. and succeed. Even if you did not care care less—whether I am a Democrat or The bottom 90 percent of earners, as from that perspective, look at what I am a Republican and just want me to I mentioned a minute ago, are Repub- happens if you do not have an edu- do my job. The ones who are doing licans and they are Democrats, they cation in the 21st-century economy. their jobs want me to do my job. The are Independent voters, and they ex- Look at the unemployment rates peo- ones who do not have jobs want me to pect their government to work to- ple are having to suffer through if they do my job. They want all of us to do gether. We cannot create their jobs, do not have a high school degree or a our jobs. but we can create the conditions under college degree compared to if they do I know there are people of goodwill which we can create high-paying jobs have a degree. That is not going to on both sides of the aisle that if given in the United States that are lifting change. the chance will work together to do

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.045 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6306 CONGRESSIONAL RECORD — SENATE October 6, 2011 this. The last thing I will say is this, of the Senate has spent a lot of time on looked particularly at the model that and then I will stop. The rest of the those budget issues—is all about chron- was recently included in the affordable world is not waiting for us to get our ic disease. That is where the Medicare care act have said that if that model act together. The rest of the world is dollars go. It goes into the treatment was fully implemented for caring for not waiting for us to decide whether we of heart and stroke and diabetes. That these individuals at home, it is their are going to have another debate that is where the money really goes. judgment that it would be possible to leads to us blowing up the credit rating Millions of those who suffer from save in the vicinity of $30 billion a of the United States. They are not these devastating illnesses are those year. waiting for us to decide whether we folks I am speaking about, the dual-eli- These are enormous sums of money, want to sacrifice for the first time the gible people who are eligible for both and to be able to make those savings full faith and credit of the United Medicare and Medicaid. Millions of while we say to older people in Mis- States of America. They are not wait- them are eligible for alternative serv- souri, in Oregon, and around the coun- ing for us to decide whether we are ices, particularly services at home. But try: You are going to get more of what going to invest in 21st-century manu- right now, a disproportionately large you want, which is care at home, at a facturing. number of them get their care in the price lower than the alternative—that My colleague from Ohio just showed most expensive kind of setting, a place looks like a pretty good opportunity. up. He talked about that. They are not where they do not want to be—the hos- As the supercommittee goes forward waiting for us to decide whether we are pital and the hospital emergency room. with its work, there are some questions going to let them own the 21st-century The fact is, all over the country—in about whether they need additional energy economy. They are going right the State of Ohio, in the State of Mis- legislative authority to do their work. ahead, and so our failure to act has souri—every single day these folks are If they do, I think certainly the super- consequences. I believe it is time for us going in ambulances to hospital emer- committee, in conjunction with both to come together—even though we are gency rooms. Often they end up having the full Senate and the House, ought to in a political season, even though we to go on a life flight, essentially in the give it to them. My own sense is that have a Presidential campaign—and do air to these facilities. As of today, even they probably don’t need additional our work on behalf of the American though we have more than 9 million of legislative authority, but certainly people and the people of my State of these individuals who are on both there will be support in the Senate Fi- Colorado. Medicare and Medicaid, according to nance Committee, under the leadership I yield the floor. Dr. Don Berwick at the Centers for of Senators BAUCUS and HATCH, both of The PRESIDING OFFICER. The Sen- Medicare and Medicaid Services, only whom have done very good work on ator from Oregon. about 100,000 of them are being taken this issue, to move legislatively, HEALTH CARE REFORM care of at home. whether it is in the supercommittee or Mr. WYDEN. Madam President, be- So, of course, the Congress worked on through the full Senate, legislation fore he leaves the floor, I just wanted the health reform issue, and it was pos- that would allow us to dramatically ex- to commend Senator BENNET for the sible in that legislation to move to pand this program. outstanding work he is doing on the take a few thousand more, a few thou- I know the Senator from Minnesota budget issue, and particularly cite the sand more than the 100,000 that are now cares a great deal about seniors and fact of the cooperation of the Senator being taken. these issues. Just a little bit of history. from Colorado and the Senator from As Chairman BAUCUS highlighted just As I sat in the Senate Finance Com- Nebraska, Mr. JOHANNS, which illus- a few days ago, we ought to get serious mittee a few days ago listening to how trates how important it is to try find about this and do a lot more because we ought to have some more pilot some common ground. That is what I older people, if we come up with ap- projects and some demonstrations and am going to be trying to do on the proaches that allow them to get cared some studies, I thought about the days health care issue coming up. But I for at home, will feel better about our when I was codirector of the Oregon wanted to commend the Senator from health care system and better about Gray Panthers, about three decades Colorado for his good work. the decisions that are being made here, ago. I had a full head of hair and rug- As the Senate focuses on the budget, and taxpayers are going to save money. ged good looks and all of that kind of and certainly the American people hear Anybody who questions whether this thing. We were talking then in much the discussion about health care and is possible ought to look at the latest the same way I heard the discussion particularly what is going on in the information that is coming from the going in the Senate Finance Com- supercommittee, I want to take a few Veterans’ Administration. They have mittee—about demonstrations and pi- minutes to talk about how there is an 250 locations—locations all around the lots and the like. To a very good person opportunity to come together in a bi- country—for the program they use at the Center for Medicare and Med- partisan way, particularly with older called the Home-Based Primary Care icaid Services, Melanie Bella, and in people, to show that it is possible for Program. The only difference between conversations later with Chairman them to get more of the care they that VA program and essentially what BAUCUS and Senator HATCH, I basically want, particularly care at home, for a is being done on the Medicare and Med- said: We have to change this because if price that is lower for taxpayers, re- icaid side is that the VA patients are we don’t, my prediction is that 10 years duced costs for the taxpaying public. even sicker than those who have been or so from now, they will be back in This all came to light through an ex- treated in the Medicare and Medicaid the Senate Finance Committee having tremely important hearing that was studies. pretty much the same discussion. They held in the Senate Finance Committee The latest information shows that will be talking about a few pilot on which I serve. Chairman BAUCUS caring for older veterans in the home projects, demonstrations, and a few took the time to look at the care of has reduced hospital stays by 62 per- more studies, and by that time, the those who are some of the neediest and cent, nursing home stays by 88 percent, number of those who are eligible for most vulnerable in our country. They and cost by 24 percent. Let’s just for a both Medicare and Medicaid will be lot are the older people who are eligible moment focus on that number—a cost more than the 9 million who are eligi- for both Medicare and Medicaid. savings of 24 percent—while the older ble today. It will be many times that, In the fancy jargon of American veteran gets more of what they want, and we will have wasted many billions health care, they are called the dual which is to be at home for the care of dollars more. So now is the time to eligibles. But I think anybody looking they need rather than in these institu- do it. at the American health care system tional settings, whether they are hos- I would like to close simply by pick- knows that these are some of those pitals, hospital emergency rooms, what ing up on a point Senator BENNET made who are most vulnerable and most have you. We have new information, about trying to find common ground. harmed when they fall between the specific, concrete information. This question of independence at home cracks in the health care system. The So that colleagues know, those who has strong bipartisan support. In the fact is, the ball game as it relates to are specialists in this area at the Uni- other body, the principal sponsor, Con- Medicare—I know the Presiding Officer versity of Pennsylvania who have gressman , worked with

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.050 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6307 CHRIS SMITH of New Jersey, MICHAEL new VA study. It comes from 250 loca- coordination service tailored to the needs of BURGESS of Texas—two very strong tions in each State and DC. There are Medicare beneficiaries with multiple chronic conservatives—over the years, and in cost savings of 24 percent, hospital stay diseases. the Senate, I have been honored to IAH Lowers the Cost of Care—IAH reduces reductions of 62 percent, and nursing costs by allowing beneficiaries to remain have Senator CHAMBLISS, Senator home stay reductions of 88 percent. independent at home and avoid hospitaliza- BURR, and a number of other colleagues These are documented savings for older tion, ER visits and nursing home admissions. on both sides of the aisle say that this people who are even sicker than those IAH Has Been Proven Effective—The Vet- makes sense both for older people and who would be served by programs out- erans Administration (VA) has been pro- for taxpayers. side the VA. viding Home Based Primary Care (HBPC) In the next few days, Senators are This is the time. We have talked programs since the early 1970s The VA’s going to hear from about 100 health Home Based Primary Care program operates about it long enough. If the govern- in 250 locations in every state and D.C. and care groups around the country mak- ment needs additional legislative au- ing the case for the Congress—starting has reduced hospital days by 62%, nursing thority, it will be possible to give that home days by 88%, and costs by 24%. with the supercommittee, going through the supercommittee. I urge all IAH Can Be Implemented Immediately— through our work in the Senate and of my colleagues on both sides of the More than 100 health care organizations the House—to get serious about dra- aisle, Democrats and Republicans, to across the country are ready to implement matically expanding, massively ex- pick up on the strong bipartisan sup- the IAH program immediately. panding the number of older people IAH Has Bipartisan Support—The IAH port that exists for independence-at- demonstration received unanimous bipar- who are cared for at home, where they home services, particularly for those want to be, which will result in savings tisan support when it was included in the who are eligible for Medicare and Med- PPACA by the House Energy and Commerce to the taxpayers at the same time. icaid. They are the most vulnerable in Committee and the Senate Finance Com- This is something that should not be our society. Those individuals and the mittee. allowed to be delayed or put off any programs they rely on, paid for by tax- Mr. WYDEN. I yield the floor. further. After decades of talking about payers, deserve better. We now have The PRESIDING OFFICER (Ms. KLO- how it makes sense and studying it and the opportunity to ensure they get it. BUCHAR). The Senator from Alabama. having some pilot projects and some I ask unanimous consent to have Mr. SESSIONS. Madam President, I demonstration projects, I think it is printed in the RECORD ‘‘Independence was pleased that earlier today the Sen- time when doctors come to the Senate at Home: Better Health Care at Lower ate voted to move forward with the President’s office and patients come to Cost.’’ China currency legislation that has the Senate President’s office and say: I There being no objection, the mate- been worked on for so many years by am very concerned about these cuts. I rial was ordered to be printed in the Senators SCHUMER and GRAHAM, and I am convinced it is going to reduce ac- am pleased to join with them. I sup- cess. The providers say: I am not going RECORD, as follows: ported similar legislation in 2005. I will to be able to serve the same number of INDEPENDENCE AT HOME—BETTER HEALTH say a couple things as our Members people. Older people, we know, are call- CARE AT LOWER COST evaluate what they will do on final pas- ing our office saying they are fright- Holding down health costs doesn’t have to sage. ened about how it is going to affect mean benefit cuts or cuts to reimbursement. With Independence at Home (IAH), bene- I believe in trade. I believe in good them. ficiaries get more of what they need—in the trade, and most trade is good trade. It is time for us to be able to come comfort of their own home—and providers together in the Senate in the kind of Countries do need to compete with the receive shared savings as a reward for deliv- production in other countries. If you spirit Senator BENNET was talking ering the kind of quality care they have al- have a trade partner, normally both about, Democrats and Republicans, to ways wanted to provide. The beneficiary and say: Look, here is something that provider get more; the federal government partners, through a relationship, ben- works. We know it works; it was prov- pays less. efit. In a treaty, trade, or business re- lationship, if one party to that rela- en by Chairman BAUCUS’s recent hear- The IAH program is designed to allow ing. We now know, based on the VA’s America’s seniors to remain as independent tionship is being damaged by that rela- as possible and avoid unnecessary hos- tionship, then they have to confront important new study with respect to pitalizations, ER visits and nursing home ad- how you can care for older people at the problem and fix it or withdraw missions. from the relationship. That is just the home, that we have an opportunity to Enrollment in an IAH program is com- significantly expand care for older peo- pletely voluntary, and participating bene- way life is. ple at home and generate significant ficiaries do not relinquish access to any ex- I see that some of my free market budget savings. It will be bipartisan. It isting Medicare benefit or any practitioner friends—and I have a lot of them—on is something that ought to be picked or provider. trade issues are religious about it. It is up by the supercommittee. It ought to Primary care is available to beneficiaries a religion with them. They don’t want be picked up by the full Senate and the in their homes through ‘‘housecalls’’ by to analyze whether the trading agree- teams of health care professionals tailored ment advantages the United States or full House, and we need to do it now. to the beneficiaries’ chronic conditions. If we don’t do this now and if it is put the other party; they just want to say: The IAH program holds participating prac- If it is a trade agreement, be for it. off again, after Chairman BAUCUS’s im- titioners and providers strictly accountable portant hearings to once again open for (a) good outcomes, (b) patient/caregiver Anything that promotes trade is good, the door to major reform, as sure as satisfaction and (c) minimum savings to and peace will break out in the world. night follows the day, Congresses 5, 10 Medicare of 5% annually. Well, that is not right, and that is years from now will be debating the IAH is Voluntary—IAH allows practi- not what I think conservatives believe. same thing. I don’t think that is right. tioners and providers voluntarily to enter I am a conservative—a conservative Holding down health care costs into 3-year agreements with HHS under who believes in reality. Conservatism doesn’t have to mean benefit cuts or which they are held strictly accountable for is a cast of mind, not an ideology. It is (a) minimum savings to Medicare each year an approach to complex issues. As my cuts to reimbursements. We have a of 5%, (b) improved patient outcomes, and (c) chance, with this Independence at patient/caregiver satisfaction. Eligible bene- friend Bob Tyrrell at the American Home Program, to secure for older peo- ficiaries voluntarily enroll in IAH programs Spectator said, it is an approach to ple more of the care they need in the and may disenroll at any time for any rea- issues, a cast of mind. comfort of their own homes, and em- son. There is no mandate and beneficiaries How do you approach this matter? ployers are actually rewarded with are not ‘‘assigned.’’ We are getting hurt in this relation- shared savings for delivering the kind IAH Targets Cost Where They Are High- ship. Every editorial I have seen—even of quality care they have always want- est—The Independence at Home (IAH) pro- those groups who are specifically advo- ed to provide. These ideas, by the way, gram targets the 5%–25% of Medicare bene- cating against this legislation contend ficiaries with multiple chronic diseases like and acknowledge that the United are voluntary. No older person, no sen- diabetes and heart disease who account for ior citizen is required to participate in 43% to 85% of Medicare costs. IAH reduces States is being disadvantaged by this it. Medicare’s cost where they are the highest, currency manipulation. They all ac- We are going to get around to every not by cutting reimbursement or coverage, knowledge that. When you acknowl- Senator’s office the findings of this but rather by providing a new chronic care edge that, you acknowledge that we

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.052 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6308 CONGRESSIONAL RECORD — SENATE October 6, 2011 are losing jobs and losing manufac- turing, and the doctrine of comparative SCHUMER, BROWN, GRAHAM, and I agree, turing in this country as a result, not advantage is such that if a product can in a bipartisan way, this is a way to of competition, but of unfair competi- be manufactured cheaper in China, so create jobs without harming our econ- tion. be it. We will put the American busi- omy, without raising the debt of Amer- Let’s be in contact with reality. The nesses out of business. Let them close ica. It is a bipartisan act to create People’s Republic of China is state- their doors. greater employment by simply elimi- dominated. Those companies are not As a conservative, I am not com- nating an unfairness that is ham- free to do as they normally would in fortable with that and let me say why. mering American manufacturers and the United States. It is a state-domi- First, this creates too rapid a disloca- American workers. nated thing. Every agenda carried out tion in our economy, causing too much Some say if we insist on this, China by China—by their companies even— damage societally from rapid unem- will be offended. First, China is a great tends to be driven by expanding the na- ployment and closing of manufacturing nation. They have the second largest tional interest of China. in our country. Secondly, we now know economy in the whole world. They are That is the way they think and that with certainty that the manipulation bellicose. They attack us aggressively. is the way they operate. Their theory of currency—the 30-percent or 25-per- We don’t hide under the table when of trade is mercantilist. They believe cent difference—is resulting in unfair they say something bad about the in maximizing their exports, mini- competition with American businesses United States, do we? Neither are they mizing their imports, and accumu- and causing the closing down of busi- going to hide under the table if the lating wealth. nesses. Senate, the Congress says they have to Some of our friends here say: Oh, it is We have a chance to rebound, I am get their currency correct. Great na- all right. The products that are sold at convinced, in manufacturing. China’s tions don’t wither and crawl away. Walmart are from China and, all right, salaries are going up. Salaries around I was looking at an article in Forbes yes, we closed a factory in the United the world are going up. China’s utili- magazine, written by Mr. Gordon States. But don’t worry, Mother can ties and energy costs are higher than Chang, who talked about this question buy her sneakers or her children’s ours. Their advantages are not so great posed by Chris Chocola, the president clothes cheaper because it is imported. as they were a few years ago, and we of the , who opposes Don’t worry about it. Manufacturing is are becoming more sophisticated. Our this legislation. Mr. Chocola asked not that important, they have told us. businesses are lean and competitive this: ‘‘What do they say to arguments We have seen that in the writings now. I think we have a real chance to that starting a trade war with China around the Nation from some of our get back into the game but not if we would kill jobs, not create them?’’ great economic minds. But I don’t be- have a 25- to 30-percent currency dif- In other words, Mr. Chocola is say- lieve that is true. I do not believe this ferential, where when we sell a product ing, if we start a trade war, we are Nation can be a strong, vibrant force in to China it costs 25 percent more than going to lose jobs. First of all, Mr. the world without a manufacturing the competing Chinese production Chocola’s hands are not so clean in this sector. would, and when they sell to our coun- issue. When he was in the House of I had the pleasure of meeting Dr. try they have a 25-percent advantage Representatives a few years ago, he in- Schulz, the CEO of ThyssenKrupp, a over our manufacturers. When margins troduced a bill—the China Act—that steel company in Germany. He just re- are as close as they are in the world would have imposed tariffs on China if tired. He is 70 and a very impressive economy today, that is too large. Any it tried to manipulate its currency, ac- man. He was investing in my home unfairness is too large. So I would con- cording to his press release at the time. State of Alabama, and he said publicly tend we have to act. Thirdly, there is I guess he has changed his mind. We all and to me privately, with great pas- damage being done to the middle class have a right to change our minds. But sion, you have to have a renaissance of in our country, and a large part of it is I will just say I am not too impressed manufacturing. He said: Germany was arising out of unfair trade practices. with that argument, and I would note criticized for attempting to hold on to We have to be aware that millions of that Mr. Chang, in his comments about its manufacturing base in Europe, peo- Americans are hurting. Maybe the it, made a very good point. ple saying they were not part of the wife, maybe the husband has lost his or Writing in Forbes, he says: modern economy—the service econ- her job and is now unemployed, and Chocola is correct that a trade war with omy. But he said: We did more than families are struggling to get by. China would kill jobs—but most of them most of the Europeans to maintain our Wages are not going up. In fact, wages would be in China. manufacturing base, and we are now have trended down just a little bit. Un- That is absolutely so. A trade war the healthiest economy in Europe. employment is not going down. It is will not occur, in my opinion. But if we We have to have a manufacturing maybe going up now for the last sev- had a trade war, Mr. Chocola says it base. Wealth is sent abroad every time eral months. Inflation is on the scene. would hurt jobs in the United States. we purchase imported products. The If the wages aren’t going up, the But Chang continues: deficit with China last year was $273 number of people employed isn’t going How do we know this? Last year, the billion. This year it will be the largest up, we get into a situation in which we United States ran a deficit in trade in goods in history—$300 billion. There has can’t see economic growth occur. There with that country of $273.1 billion. In trade wars, it is the surplus countries—countries never been a trading relationship re- is not extra money to go to the store or that depend on exports—that get hurt. Amer- sult in deficits as large as those in the market to buy things. As one business- icans know this because we were the power- history of the world. China is the sec- man told me, one of the great mar- house exporter in the 1930s when nations ond largest economy in the world. keting chains in the United States— fought a tariff war. China is growing rapidly. They have Walmart: People don’t have the money That was when the Depression hit been doing this for a decade. to come to the store to buy anything. and trade froze after tariffs and other Let me say I celebrate prosperity in If a person doesn’t have a job, they actions and we were hurt the most be- China. I would like to see prosperity in don’t have the money to buy anything. cause we were exporting goods. In this all the nations of the world, and they So this is a serious economic problem case, China would be hurt the most. will benefit the United States, not we are facing. I have come to the con- Mr. Chang goes on to note how large harm us, if China is prosperous. But if clusion we can no longer borrow money China’s economy is and its dependence their prosperity is driven by to spend today to try to create a sugar on exports to the United States. He disadvantaging the United States to high and jump-start our economy. That says: their advantage, as the currency proc- didn’t work before. We don’t have the And this is a pretty good indication that ess does, then that is a different story. money and the debt is already too Beijing, although it will undoubtedly huff It is not a fair competition and it is great. We need to look for ways to cre- and puff and might engage in minor retalia- not helpful to the United States. ate American jobs now without costing tion, will not escalate the fight. China can- We are told this will not hurt us, that the U.S. Treasury or raising taxes on not afford more unemployment. we can move to a service economy, an already weak economy. This is one Mr. Chang quotes Premier Wen that we don’t have to have manufac- of those things we can do. Senators Jiabao as saying, if you change this

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.053 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6309 currency, ‘‘countless Chinese workers tions for recessions and even a Civil War—re- an enormous lost opportunity for U.S. become unemployed.’’ mains alive and effective . . . Now, as in 1776, software companies, who lead the What does that say? The Premier of 1861, 1932 and 1941, America’s best days lie world in innovation. China is saying, if we have a fair cur- ahead. And China bars many of our exports rency rate, the Chinese would lose jobs. I agree. from entering its market at all. China Somebody is going to gain those jobs— America has the world’s best univer- shuts out American beef exports en- maybe it will be in Dayton or maybe it sities, a tradition of brilliant entrepre- tirely. And it imposes barriers that ef- will be in Birmingham or Mobile. neurship, and the drive and ingenuity fectively prevent the entry of U.S. As Mr. Chang says, and this puts it of our people. companies into its banking, insurance, on the line: We gave the world the light bulb, the and telecommunications sectors. If China manipulates its currency to gain a airplane, the Polio vaccine, the per- So while this bill addresses an impor- trade advantage, then Premier Wen is seek- sonal computer, and the Internet. We tant piece of the puzzle, it is not ing to put American workers on the bread have been the world’s engine of innova- enough for China to appreciate its cur- line. tion for more than a century. rency. China can and must take action Not Chinese workers on the bread But we cannot rest on our laurels. We to address these other problems as line. Quoting the article further: can and must rise to the challenge of well. Ultimately, though, America’s future So Donald Trump hit the mark when he China. This is a challenge I recognized tweeted last week that ‘‘China is stealing long ago. That is why I led the effort to as a great economic power will not be our jobs.’’ grant permanent normal trade rela- dictated by what China does. It will be dictated by what we do. It is about us. I am not here trying to condemn tions to China, so we could begin to get China to play by the rules. It is about the principles that made China. I am here saying we have failed America great. It is about our freedom, to aggressively defend our legitimate That is also why I have traveled to China eight different times, to stress to our justice, our democracy, and the national interests, and we need to do will, creativity, and endurance of our that. I believe this legislation puts us their leaders the importance of playing by those rules. people. And it is about what we must on that path. do to get our own house in order so I believe in trade. I expect to support China has grown explosively during that time period. It is now the second- that we can continue to compete and the Colombian trade bill as it comes win on the global stage. forward. I think it serves our national largest economy in the world. And it continues to expand. We must focus on policies and initia- interest. The Panamanian trade bill tives that encourage American entre- serves our national interest and will China’s growth presents real opportu- nities for American entrepreneurs and preneurship. help us be more profitable. I believe We must nurture and protect Amer- workers. Over the last decade, our ex- the trade agreement we have nego- ican innovation, both at home and ports to China have increased by close tiated with South Korea is also in our abroad. That is why I introduced a bill to 500 percent. That is eight times fast- national interest and will help us. But to strengthen the research and develop- er than the growth of our exports to this deal needs to be fixed. It is time to ment tax credit and make it perma- the rest of the world. China is now the stop it. It has gone on too long. nent. It is great to see my colleague, Sen- third-largest market in the world for We also must reform our Tax Code to U.S. exports. And it is the number one ator BROWN. I know he will be ready to unleash new investment and make col- talk as we move forward to final pas- market for U.S. agricultural exports. lege more accessible. That is why I sage, but let me congratulate Senator But we should not blind ourselves to have been holding a series of Finance the very real challenges that China BROWN and Senator SCHUMER and oth- Committee hearings to pave the way ers who have worked on the bill. I be- also poses to American entrepreneurs for tax reform. lieve it is a reasonable piece of legisla- and workers. Too often, China seeks an And we must work together to open tion, and it provides exits if something unfair advantage in international export markets around the world. dangerous were to occur. It gives dis- trade, including by manipulating the That’s why I strongly support the cretion to the President to delay, even value of its currency. pending free trade agreements with Co- stop, actions that might occur under In my most recent trip to China last lombia, Panama, and South Korea. this process if it is damaging to the November, I met with Vice President We took an important step last United States, and it gives Congress a Xi Jinping and other top leaders. We month to pave the way for these trade chance to be involved in that process. discussed a broad range of issues. agreements when we renewed trade ad- This is the right way to do it. If On currency, my message was clear: justment assistance with a strong bi- someone has some better ideas, maybe China needed to allow its currency to partisan vote. It is now time to ap- we can improve the bill. But fundamen- appreciate more quickly to market lev- prove the trade agreements themselves tally, I think it is a good piece of legis- els. If not, the U.S. Congress likely so that American entrepreneurs, work- lation that will do the job, and I am would take up—and pass—currency leg- ers, farmers, and ranchers can unlock proud to be a part of this bipartisan ef- islation. the potential of these key export mar- fort that has moved this legislation Since my trip, China has only al- kets. that will help create American jobs lowed its currency to appreciate by 3 So as we debate this bill, let us not without expanding our debt. percent. The Chinese government con- forget that the currency issue is only I thank the Chair, and I yield the tinues to intervene to keep its cur- one of many challenges in our relation- floor. rency significantly below its real mar- ship with China. Let us also be mindful Mr. BAUCUS. Madam President, I ket value. That is why I intend to sup- of our larger challenges both at home rise to speak at this watershed moment port this bill. and abroad. And let us continue to nur- in the U.S.-China relationship. This is I did not come to this decision light- ture American entrepreneurship here a relationship that will affect our chil- ly. I have never favored unilateral ap- at home so that we remain the world’s dren’s future. And how we manage this proaches. But the time has come to engine of innovation. relationship now will help determine take action. As long as we do so, we can be sure the long-term strength of our Nation. And the United States needs a that, as always, America’s best days lie Warren Buffett has an answer for thoughtful China policy that takes ac- ahead. anyone who questions America’s fu- tion on other fronts as well. The cur- Mr. DURBIN. Madam President, 14 ture. rency issue is only one of many prob- million Americans are currently unem- As he said earlier this year: lems facing American companies in ployed. The American people are resil- China. ient, strong and hard-working. If they The prophets of doom have overlooked the The problem of intellectual property are given a fair shot, they will succeed. all-important factor that is certain: Human potential is far from exhausted, and the theft in China is enormous. To cite but Unfortunately, as the world keeps get- American system for unleashing that poten- one example, an astounding 80 percent ting flatter, as our global economy tial—a system that has worked wonders for of the software installed on Chinese grows, Americans are not always given over two centuries despite frequent interrup- computers is pirated. That represents a fair shot.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.055 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6310 CONGRESSIONAL RECORD — SENATE October 6, 2011 Last year the United States had a ports they do around the world, one- ate wealth through mining, agri- $273 billion trade deficit with China. third comes to the United States of culture, and manufacturing. The Pre- That means the U.S. imports more America. siding Officer’s home State of Min- goods from China than China imports Pretend you are in business for your- nesota has done all of those very well from the U.S.—$273 billion more. This self and you have a customer who buys over the years—mining where she grew is because Chinese goods are cheaper. one-third of your products, and they do up, and agriculture, which is huge and Why? Because China undervalues it something to make you mad. Are you which is why she is on the Agriculture currency. going to declare war on them? No. You Committee, as I am. And manufac- Madam President, 2.8 million jobs are going to sit down and figure out turing; Minnesota has done a lot of have been lost to China since 2001. 1.9 how to make it work. manufacturing. million of them are manufacturing We can never predict the future on In my home State of Ohio, we are jobs. And 117,000 jobs were in Illinois. darned near anything with certainty, third in the country in manufacturing Congress needs to help restore the whether it is the Minnesota Twins fin- output, behind only Texas, twice our strength of domestic manufacturing ishing in last place this year, Madam size, and California, three times our and bring jobs back to the United President—which I never would have size. So we know how to produce. We States. predicted because they were a good just want a level playing field to do it. In 2001 China joined the WTO and team in previous years—or whether it I thank the Presiding Officer, I yield agreed to play by the rules. China is trade law or the economy. But we the floor, and I suggest the absence of agreed to be on a level playing field knew that as soon as we passed this, a quorum. with other countries, to employ fair two things would happen. The PRESIDING OFFICER. The trade practices. That means no export One is that the Chinese—in this case clerk will call the roll. subsidies and no product dumping. it was the People’s Bank of China, the The Daily Digest clerk proceeded to China agreed to those terms, but it Ministry of Foreign Affairs, I think, call the roll. hasn’t always acted in accordance with and the Ministry of Commerce—would The PRESIDING OFFICER. The Sen- them. immediately squawk: Trade war, trade ator from South Dakota. China is breaking the rule underval- war, trade war. Unfortunately, some Mr. THUNE. Madam President, I ask uing its currency. China undervalues it others in this body and the newspapers unanimous consent that the order for currency by anywhere from 15 percent mimicked that, but it wasn’t going to the quorum call be rescinded. to 50 percent—depending on the meth- result in that. The PRESIDING OFFICER. Without odology used. When the Yuan—China’s The other thing we could pretty cer- objection, it is so ordered. currency—is low compares to the dol- tainly predict based on history is that Mr. THUNE. I ask that I be able to lar, Chinese products are cheap while the Chinese, after this strong vote— speak as if in morning business. U.S. products are expensive. So Ameri- which we got, thanks in large part to The PRESIDING OFFICER. Without cans buy cheap goods made in China, Senator SESSIONS—of 62 votes earlier objection, it is so ordered. but the Chinese do not buy goods made today, are probably going to let their CLASS ACT in America, made more expensive by currency appreciate a little bit because Mr. THUNE. Madam President, I their currency manipulation. How is they know we are calling their bluff. come to the floor today to talk about that fair to U.S. and American work- But for sure it doesn’t make sense for one of the dirty little secrets around ers? them to initiate trade wars. They may here, and that is the ticking time bomb According to a recent report, if China fight on some individual issues. They that is right under our noses and that, revalued its currency, we would see may fight on some products that were until recently, had been virtually ig- U.S. GDP increase by $287.7 billion, cre- made in Ohio or Alabama and fight nored until some recent activity in ation of 2.25 million U.S. jobs, and a back one issue at a time, and we will Congress and at the Department of lowering of the U.S. budget deficit by go to the WTO, the World Trade Orga- Health and Human Services brought $71.4 billion. nization, and have at it in a legal way, the program into the spotlight. That We don’t shy away from competition and we will win most of them because time bomb is the CLASS Act. in America. We play fair because we they are gaming the system. We might It is a long-term care entitlement know that we can compete with any lose one of our manufacturers, but we program created by the health care re- other country in a fair fight. This bill know in the end it will work out. form law. On Tuesday, the Wall Street marks an important step toward job That is why Senator SESSIONS is dead Journal described the inclusion of the creation and restoring the strength of right that this is right and that it is CLASS program in the health care law America’s economy in a globalized going to create jobs in our country. We as the definition of insanity. world. have seen the trade deficit increase, I ask unanimous consent to have The PRESIDING OFFICER. The Sen- and increase almost three times what printed in the RECORD a copy of the ar- ator from Ohio. it was when this started 10 years ago. ticle from the Wall Street Journal. Mr. BROWN of Ohio. Madam Presi- We are going to be in a much better There being no objection, the mate- dent, I appreciate very much Senator place—not tomorrow or the next day, rial was ordered to be printed in the SESSIONS’ comments, and even more I but next year, if we can get this RECORD, as follows: appreciate his work on this legislation. through the House of Representatives— [From the Wall Street Journal, Oct. 4, 2011] He was one of a couple of real key play- I am not assuming we will get this THE DEFINITION OF INSANITY ers in this legislation passing because passed today; I think we will here—if Why no one wants to repeal a program that he did such a good job of explaining to we get it to the House of Representa- everyone knows is a fraud. colleagues why this is a plus for Amer- tives, overwhelming support, 60 Repub- The Obama health-care plan passed 18 ican manufacturing and a plus for job lican cosponsors, 150 Democratic co- months ago, and its cynicism still manages growth in our country. sponsors, something like that—they to astonish. Witness the spectacle sur- I think about his comments, and the rounding one of its flagship new entitle- will want to move the bill in the ments, which is eliciting some remarkable major opposition to this bill has been House. concessions from its drafters. an accusation or a contention from op- The President and the Republican The Health and Human Services Depart- ponents—whether from some Members leadership in the House aren’t quite ment recently shut down a government in- of the Senate or the House or some where Senator SESSIONS and I are, but surance program for long-term care, known newspapers or economists—who say public pressure will get to them, and by the acronym Class. HHS also released a this would result in a trade war. we expect this bill to get to the Presi- statement claiming that reports that HHS is Fundamentally, as Senator SESSIONS’ dent’s desk. I think he will sign it in shutting down Class are ‘‘not accurate.’’ All comments indicate, the Chinese are not HHS did was suspend Class policy planning, the end, and I think it is good for Ala- told Senate Democrats to zero out Class going to initiate a trade war against bama, good for Ohio, and good for the funding for 2012, reassigned Class’s career their largest customer. We buy one- other 48 States. staffers to other projects and pink-slipped third of Chinese exports. Of all the American manufacturing is what the program’s chief actuary. Other than hundreds of billions of dollars of ex- built this country. You really only cre- that, it’s full-speed ahead.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.003 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6311 HHS is denying what everyone knows to be This is literally insane. It’s rare to get a ed the first warning in May of 2009. The true because everyone also knows that the political opening to dismantle any entitle- Chief Actuary is a nonpartisan official Class entitlement was not merely created to ment, much less one as large as Class. House who estimates the long-term financial crowd out private insurance for home health Republicans ought to vote to repeal it as effects of current law and proposed leg- aides and the like. Class was added to the soon as possible as an act of fiscal hygiene, bill because it was among the budget gim- forcing Senate Democrats to vote on it and islation. In May 2009, he wrote to other micks that Democrats needed to create the President Obama to confront (even if he HHS officials, some of whom were illusion that trillions of dollars of new won’t acknowledge) the fraud he signed into working directly with Senate Demo- spending would somehow reduce the deficit. law. crats, saying, ‘‘At first glance this pro- Benefits in the Class program, which was Mr. THUNE. Madam President, the posal doesn’t look workable.’’ The supposed to start up next year, are rigged by editorial highlights a point that I have Chief Actuary said a back-of-the-enve- an unusual five-year vesting period. So the been making since I first offered an lope analysis showed that the program people who sign up begin paying premiums immediately—money that Democrats amendment to strip the CLASS pro- would have to enroll more than 230 mil- planned to spend immediately on other gram from the health care reform bill lion people—more than the number of things, as if the back-loaded payments to back in December of 2009. The inclusion working adults in the United States— Class beneficiaries would never come due. of the CLASS program is perhaps one to be financially feasible. The $86 billion or so that would have built up of the most brazen budget tricks used A few months later, the Chief Actu- between 2012 and 2021 with the five-year lead by the majority in the health care re- ary was more assertive in his com- is supposed to help finance the rest of form bill. As the Wall Street Journal ments. In July of 2009, after reviewing ObamaCare. The Class program would go says: the latest information from Senate broke sometime in the next decade, but that CLASS was added to the bill because it was Democrats, he wrote HHS officials: would be somebody else’s problem. Opponents warned about this during the among the budget gimmicks that Democrats Thirty-six years of actuarial experience reform debate, and people on HHS’s lower needed to create the illusion that trillions of lead me to believe that this program would rungs were telling their political superiors dollars of new spending would somehow re- collapse in short order and require signifi- the same thing as early as mid–2009, accord- duce the deficit. cant Federal subsidies to continue. ing to emails that a joint House-Senate Re- Due to the 5-year vesting period re- Unfortunately, Democrats here in publican investigation uncovered. quired by the CLASS program, pre- the Senate needed the political win In one 2009 note, chief Medicare actuary miums will be coming in long before more than they needed to hear the Richard Foster—a martyr to fiscal honesty benefits must be paid. That pot of truth, so they pushed forward and in- in the health-care debate—wrote that ‘‘Thir- money somehow is simultaneously cluded the CLASS Act based off of illu- ty-six years of actuarial experience lead me used to reduce the deficit and pay for to believe that this program would collapse sory savings coming in the form of in- in short order and require significant Fed- other programs within the health care coming premiums from the paychecks eral subsidies to continue.’’ He suggested reform law. of hard-working Americans—inciden- that Class would end in an ‘‘insurance death When it is clear to Americans that tally, some of whom may never consent spiral’’ because the coverage would only be the money is not there to pay benefits to program participation. attractive to sicker people who will need to beneficiaries, this administration Late last month, there was another costly services. It could only be solvent if 230 will be long gone, and taxpayers are interesting development that occurred. million Americans enrolled, which is more going to be left holding the bag. It is, The Actuary tasked with designing the than the current U.S. workforce. at best, disingenuous the way the CLASS Program announced he was An HHS Office of Health Reform official, Democrats have promised individuals Meena Seshamani, rejected Mr. Foster’s cri- leaving his position at Health and tique because ‘‘per CBO it is actuarially who participate in the CLASS pro- Human Services and that the CLASS sound.’’ But of course CBO only scores what grams that their premiums paid into office was closing. HHS denied closing is presented to it, no matter how unrealistic. the CLASS system will be available to the CLASS office and said they are Despite this false reassurance, later even one pay out future benefits. still evaluating this program, but in a HHS political appointee took up Mr. Foster’s When I asked Secretary Sebelius blog post on healthcare.gov, HHS an- alarms, writing that Class ‘‘seems like a rec- about this program earlier this year in nounced they will be releasing a report ipe for disaster to me.’’ a Senate Finance Committee hearing, on CLASS sometime this month. I be- In February of this year, Health and she called the program ‘‘totally lieve this report will indicate that this Human Services Secretary Kathleen Sebelius unsustainable.’’ finally admitted the obvious, testifying at a program does not have the fiscal mus- Congressional hearing that, gee whiz, Class But HHS continued to push forward toward implementation, asserting that ter to move forward, but it is possible is ‘‘totally unsustainable’’ as written. By that HHS may try to hide that infor- then Class had become a political target of they have the authority to make changes in the program. mation. vulnerable Senate Democrats looking to If this Congress is truly concerned shore up their fiscal bona fides, despite vot- Given the inherent questions in the ing for it when they voted for ObamaCare. fiscal sustainability of the CLASS Act, about long-term deficits, this program Bowing to this political need, Mrs. I cochaired a bicameral group of Sen- should be at the top of the list of pro- Sebelius has repeatedly promised to use her ators and Representatives, along with grams to repeal. This program may not administrative discretion to massage Class’s Representative REHBERG and Rep- cost taxpayers money in the short finances until it is solvent. But given that term as the premiums are coming in, the office doing that work has now been dis- resentative UPTON from the House of Representatives, that investigated the but eventually it will require an ongo- banded, this evidently proved impossible, as ing bailout from taxpayers to the tune the critics claimed all along. behind-the-scenes story of the CLASS All of this would seem to make repealing Act. We released the findings of our in- of billions of dollars. Class an easy vote for Congress, but, this vestigation last month in a report enti- I filed an amendment to the current being Washington, it isn’t. Since the CBO tled ‘‘CLASS’ Untold Story: Taxpayers, legislation that is before us to repeal says Class’s front-loaded collections cut the Employers, and States on the Hook for the CLASS Act. It probably will not deficit to the tune of that $86 billion, HHS Flawed Entitlement Program.’’ I com- get a vote today, but I hope that some- has to pretend that the program is still alive mend it to my colleagues. This report time in the days ahead the Senate will to preserve these phantom savings. weigh in and exercise some common Some Republicans are also nervous about can be found by visiting my Web site, repealing Class because, under CBO’s per- http://thune.senate.gov. sense and do what we should have done verse scoring, they’ll be adding $86 billion to We found astonishing statements a long time ago; that is, strike and the deficit. Others would prefer not to repeal from within the Department of Health eliminate this program so we do not any of ObamaCare until they repeal all of it, and Human Services that show the have to deal with this massive on grounds that some of it might survive if lengths to which the administration timebomb that is ticking out there, the worst parts go first. Democrats knew this program was on a waiting for future generations of Amer- So an unaffordable entitlement that will crash course but proceeded anyway, icans who are going to be stuck with be a perpetual drain on taxpayers may con- the huge deficits that will occur when tinue to exist because of a make-believe statements such as, this program is ‘‘a budget gimmick that everyone now admits is recipe for disaster’’ with ‘‘terminal the inevitable happens. It is pretty bogus. Congress can’t reduce real future li- problems.’’ clear that it is only a matter of time, abilities because it would mean reducing The e-mails also show that the inde- as I submitted from the statements fake current savings. pendent Chief Actuary for CMS sound- that were made by the Actuary at HHS

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It should not have been Half-loaded cargo ships leaving the Cline and John Williamson at the included as a pay-for in the health re- ports of America, going to Asia and Peterson Institute for International form bill. That is why it was included, particularly China, have become more Economics, it was argued that the because it showed some short-term rev- and more a part of daily routine. Most renminbi is undervalued by approxi- enues. But the long-term costs, like are loaded with scrap paper, but equal mately 28.5 percent. Other studies pro- many of the programs we funded here trade is missing. We import huge vide different estimates, but the con- in the past, have a long tail on them, amounts of goods from China, and the clusion that the renminbi is under- and the American taxpayer is going to same amount—with the exception of valued is constant in virtually every be stuck on the hook for a long time some high-valued goods—does not go study that has been done. This gives into the future. back to China. Chinese goods a steep advantage over I hope we will have the good sense I believe if we are going to have this U.S. goods. It results in a loss of U.S. here in the Senate to repeal this pro- great trading basin on the Pacific jobs, and it results in my putting on gram before it becomes the fiscal Ocean, everybody has to play by the my binoculars and watching huge nightmare and fiscal disaster I think same rules. In my view, this bill is not cargo ships leave the large port of Oak- everybody has predicted it would be. about putting sanctions on China. It is land going under the Golden Gate I yield the floor. not about imposing retaliatory tariffs. Bridge only half full. When it is half I suggest the absence of a quorum. It is about sending a clear message to full, it is usually waste paper. The PRESIDING OFFICER. The Beijing that we are serious about the You can only take so much of this. In clerk will call the roll. need to let the renminbi respond fully my own way, I have been importuning The legislative clerk proceeded to to market forces. the Chinese for over a decade. They are call the roll. Let me point out that China is not always polite, they always say, yes, Mr. BROWN of Ohio. Madam Presi- specifically mentioned in this bill. The they understand, but they also say, dent, I ask unanimous consent that the aim is to address misaligned exchange China has to take steps as China can order for the quorum call be rescinded. rates whenever we find them. This does take steps. Well, the United States is The PRESIDING OFFICER. Without not talk about manipulation of rates. now at a pivotal point. In the great objection, it is so ordered. The bill has three fundamental pur- State of California, our unemployment I yield the floor. poses. First, it requires Treasury to re- rate is over 12 percent, and the half- Mrs. FEINSTEIN. Madam President. port to Congress which currencies are empty cargo ships have to be filled up The PRESIDING OFFICER. The Sen- fundamentally misaligned—not manip- if we are going to have a fair trading ator from California. ulated, but misaligned—including community. As I look at it, letting the Mrs. FEINSTEIN. Madam President, those currencies that require priority renminbi float free is what is necessary I rise today to speak on the Currency action. to do this. Exchange Rate Oversight Act of 2011. Secondly, the legislation provides a In testimony before the Senate Bank- Before I get into the bill, I want to say mechanism for the Commerce Depart- ing Committee in September of 2010, this is not an easy vote for me. It is a ment at the request of a U.S. industry Treasury Secretary Tim Geithner ar- difficult vote because, beginning in to investigate whether an undervalued gued this: 1979, I developed a relationship as currency constitutes a subsidy subject The undervalued renminbi helps China’s mayor of San Francisco with China. to retaliatory tariffs. export sector and means imports are more Finally, the bill triggers certain pen- Over these 30-plus years, I have seen expensive in China than they otherwise alties. If a priority country fails to re- China make the greatest changes of would be . . . It encourages outsourcing of align its currency immediately upon virtually any large country in the production and jobs from the United States. designation, additional consequences And it makes it more difficult for goods and world. I know China has wanted to take effect after 90 and 360 days subject services produced by American workers to reach out, and the United States has to a Presidential waiver. compete with Chinese-made goods and serv- reached out. On the Pacific Coast we What does this all mean? What it ices in China, the United States, and third have developed a century of trade means is that for the first time we are countries. which long ago overtook the Atlantic going to monitor exchange rates and Every economic report agrees with Coast. This trade between Asia and determine whether any currency is our Treasury Secretary’s conclusion. this country is, indeed, large and misaligned. If that currency, in fact, is History indicates that is correct. Just prized. misaligned, then the bill triggers a pe- using one’s eyes indicates that is hap- During that time, I have had occa- riod of time to remedy that misalign- pening. Indeed, cheaper Chinese goods sion to have meetings with the former ment. If it is not remedied within 3 lead to bigger trade deficits with the President of China, the former Premier months, it provides additional action. United States, and that leads to fewer of China, and the latest Foreign Min- Again, all of this is subject to a Presi- U.S. jobs. ister on the subject of currency. I have dential waiver. Here’s another report by economist urged each to let the renminbi float In effect, what you have is the Sen- Robert Scott of the Economic Policy freely. ate of the United States speaking out Institute, and he found that between In every conversation, they have in- and saying enough is enough. The time 2001 and 2010, the trade deficit with dicated that Beijing is aware of the sit- has come to let the renminbi float free- China cost the United States 2.8 mil- uation and the need to allow the ly, just as the dollar floats freely, and lion jobs, of which 1.9 million were in renminbi to respond to market forces, we take the upside along with the manufacturing. Nothing makes up for and there has been some progress. downside. If that is the case, then you it. We have gained in education jobs, From July 2005 to July of 2008, the have an equal and fair trading commu- health care jobs, but they are minus- renminbi appreciated by 21 percent nity. If it is not the case, you have a cule in comparison with the loss of against the dollar, and since 2010 it has downward sloping trading community. manufacturing jobs. risen by an additional 7 percent. Unfor- The penalties include a prohibition The report also argues that this tunately, action on this matter has not on OPIC, the Overseas Private Invest- trade deficit has been compounded by been sufficient, and China continues to ment Corporation, loans; increasing China’s decision to keep the renminbi resist a free-floating currency. antidumping duties on imports from artificially low, essentially subsidizing My last conversation with a major countries with undervalued currencies; Chinese exports at the expense of their government official took place last a prohibition on Federal procurement; American competitors. Regardless of Friday evening in San Francisco. On opposition to any new financing from whether the number of job losses is as Saturday, I pulled out my binoculars. multilateral banks. high as the Economic Policy Institute

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That tions. motions in order other than budget means, quite simply stated, that the Yet, on this matter, I believe the points of order and the applicable mo- Senate can no longer afford to ignore time has come. We are past the polite tions to waive; that the bill be read a the devastation of the manufacturing talks where people say ‘‘I realize, I third time and the Senate proceed to sector in this country. know, I understand,’’ and not much vote on passage of the bill; finally, that A July 2009 article from the Harvard happens. In the last 10 years, it looked the time until 6:45 be equally divided Business Review by Gary Pisano and as if China were going to take action, between the two leaders or their des- Willy Shih argues that the decline in and then China has retrenched on that ignees. manufacturing will negatively impact action. So I believe we must send a The PRESIDING OFFICER. Is there our status as a leader in innovation. I clear signal to China that it has to objection? agree that in order for the United move faster to a market-based ex- Mr. MCCONNELL. Mr. President, re- States to address these ills and pro- change rate. serving the right to object. mote economic growth, we have got to I know China doesn’t like this. I The PRESIDING OFFICER. The mi- reclaim our leadership in research, de- know it has serious concerns about the nority leader. velopment, and high-tech manufac- bill. I understand that many U.S. com- Mr. MCCONNELL. I wish to make turing. In order to do so, we have to ad- panies and national organizations that sure I understand the amendment line- dress the undervaluation of the do business in China are concerned up. The majority leader has sub- renminbi. A market-based exchange about the impact this bill will have on stituted, I would say to my friend, or rate between the renminbi and the dol- our bilateral economic relationship. has added a Paul amendment, and it is lar is not going to solve all of our prob- But I also know over the 20-year period my understanding Senator PAUL is lems, and nobody should believe it will, I have been following the currencies of willing to stand down on that for the but it will create a level playing field. both countries, the improvement is time being and offer it on some other Trading communities cannot long exist small, and the impact on the United occasion. The Senator has added in on an unlevel trading field. States has been great. place of that—— So this is very important for Amer- So as a friend of China and a strong Mr. REID. Mr. President, if I could ica at this time. supporter of United States-China ties, I respond to that. On the list we have, In a sense—and I don’t like to say hope this vote will demonstrate our there were other amendments for Vit- this, but in a sense—the legislation is a deep concern. I hope it will give the ad- ter, Brown, and Johanns. It is my un- ‘‘shot across the bow.’’ It gives the ministration the leverage it needs to derstanding we have accepted a vote on Treasury Department and the Com- encourage Beijing to work with us and all those, except those three. So that is merce Department clear authority to our partners in the international com- a pretty good batting average. take actions against undervalued cur- munity to bring the renminbi into Mr. MCCONNELL. Mr. President, if I rencies wherever they may occur, and alignment with market forces. I do not may, I am still trying to get this cor- particularly for high priority cur- say this in a hostile way. I say it in rect. Let me just ask my friend, the rencies. But it is also important that friendship and with hope that there is majority leader, did his list include this bill is not merely about imposing a future where trading between China Coburn No. 670 on foreign aid? penalties. It is very well drafted, in my and the United States can be on equal Mr. REID. It included Coburn No. 670 view, and I read it cover to cover. It terms. on foreign aid, yes. mandates consultations with priority I also wish to salute the authors of Mr. MCCONNELL. It included Bar- countries, the International Monetary this legislation because I think they rasso 672 on cement regs? Fund, and key trading partners. In have done a very good job. Senator Mr. REID. Yes, it did. Mr. MCCONNELL. It included Hatch other words, it continues to place an BROWN, who is on the floor, Senator 680 On China? emphasis on dialogue and diplomacy. SCHUMER, Senator GRAHAM, and others The bill provides another tool for Mr. REID. The minority leader is have put forward, I think, a carefully correct. U.S. companies that have been affected worded bill which carries with it the Mr. MCCONNELL. It included by cheaper Chinese imports due to an real opportunity for change between DeMint No. 689 on right to work? undervalued renminbi. It makes it the trading relationships of our two Mr. REID. That is true. So I will go clear that Congress has the authority great countries. So I thank them, and over this once again, Mr. President. to investigate whether an undervalued I thank the Presiding Officer. Mr. MCCONNELL. It included currency is a subsidy subject to coun- I yield the floor. McConnell No. 735 on stimulus? tervailing duties, and it provides two Mr. President, I note the absence of a Mr. REID. Yes. well-known methodologies to deter- quorum. Mr. MCCONNELL. Cornyn 677 on Tai- mine the value of the benefit conferred The PRESIDING OFFICER (Mr. wan? on exports by an undervalued currency. FRANKEN). The clerk will call the roll. Mr. REID. Yes; that is right. Let me be clear. This bill does not The assistant legislative clerk pro- Mr. MCCONNELL. So the majority mandate any countervailing tariffs due ceeded to call the roll. leader has substituted from the list I to an undervalued currency. It simply Mr. REID. Mr. President, I ask unan- gave him a Paul amendment—the num- restates that Commerce has the au- imous consent that the order for the ber of which I don’t have—— thority to investigate whether such du- quorum call be rescinded. Mr. REID. 678. ties are appropriate if a domestic com- The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Instead of the pany provides the proper documenta- BEGICH). Without objection, it is so or- Johanns amendment on farm dust. tion. dered. Mr. REID. Yes. Mr. President, as I Over the past 30 years, in visit after Mr. REID. Mr. President, I ask unan- have said, the list we were given on the visit, I have seen how dialogue and co- imous consent that at 6:45 tonight, the motions to waive that have been filed, operation have solidified ties between Senate proceed to votes in relation to we did not include on our list Vitter, the United States and China, and Sino- motions to suspend rule XXII with re- Brown or Johanns. American cooperation is very impor- spect to the following amendments: Mr. MCCONNELL. Mr. President, I tant. I watched the process becoming McConnell No. 735, dealing with the would like to try to modify the major- the foundation for what I believe is our jobs act; Coburn No. 670, dealing with ity leader’s list, not to expand the most important bilateral relationship. foreign aid; Paul No. 678, Federal fund- number because we agree on seven. But Indeed, in my view, this relationship ing audit; Barrasso No. 672, cement; the list I submitted to the majority can positively impact the security and Hatch No. 680, currency alternative; leader included the Johanns amend- economic well-being of both countries. Cornyn No. 677, fighter planes to Tai- ment No. 692 on farm dust, instead of

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We consent to offer motions to suspend at the question is this, and I quote: have offered seven, but it is not the this point. It is the sense of the Senate that the de- seven the minority leader wants. The PRESIDING OFFICER. The ma- bate shall be brought to a close. Mr. MCCONNELL. All I would say to jority leader. Indeed, late this morning, the Repub- my friend, the majority leader, is that Mr. REID. There is a unanimous con- lican leader stated, and I also quote we would sort of like to be able to pick sent pending. what my friend the Republican leader our amendments and not have him pick The PRESIDING OFFICER. If the said: them. We have worked hard to narrow Republican leader would restate the If 60 Senators are in favor of bringing a down to a list of seven. Senator PAUL question. matter to a conclusion, it will be brought to graciously decided he would step aside Mr. MCCONNELL. At the end of clo- conclusion. That’s just what happened a few for the moment, and we had included ture, would it require consent to offer minutes ago. the Johanns amendment on farm dust. motions to suspend? So I repeat, that is what the Repub- I would remind everyone the minor- The PRESIDING OFFICER. Once an lican leader said. ity has not been able to offer any amendment slot is available, the mo- Now, notwithstanding the clear na- amendments prior to cloture, and now tion to suspend is in order. ture of the cloture rule to provide for we are left with motions to suspend, at Is there objection to the unanimous finite consideration of a measure, a a 67-vote threshold, and all we are ask- consent? practice has begun in this Congress Mr. MCCONNELL. Reserving the ing for is the right to pick our own that has undermined the cloture rule. right to object. amendments. The practice has risen of Senators fil- The PRESIDING OFFICER. The Re- I appreciate the majority leader ing multiple motions to suspend the publican leader. agreeing to seven. That is the number rules for the consideration of further Mr. MCCONNELL. Let me just say, we had finally settled on. But I do again, all we are asking is the oppor- amendments. think it would be fair to let the minor- tunity to prioritize the seven that the So on this measure, the Republican ity pick its amendments. We had hun- minority would like to offer. Senators have filed nine motions to dreds of amendments that people would At the end of cloture, as I just heard suspend the rules to consider further have liked to have had. We worked the Parliamentarian say, we would be amendments. But the same logic that very hard to get it to a list of seven. I entitled to offer it anyway. We are try- allows for nine such motions could lead don’t think it is unreasonable, not hav- ing to cooperate and get these motions to the consideration of 99 such amend- ing any amendments prior to cloture, lined up in a way that would give ev- ments. The logical extension of allow- to at least be able to prioritize our erybody an opportunity to vote short- ing for the consideration of further seven. ly. amendments, notwithstanding cloture, Mr. REID. Mr. President, two things: I just would say to my friend the ma- leads to a consideration of a poten- First of all, the Hatch amendment, jority leader, it doesn’t seem to me un- tially unending series of amendments. that has always been offerable. We reasonable for the minority to be able The logical extension of this practice is would have voted on that, and every- to pick the minority’s amendments. It to lead to a potentially endless vote- one within the sound of my voice was challenging enough for us to filter arama at the end of cloture. should know that. our way through the hundreds that my This potential for filibuster by We agreed to that—that he should be Members would have liked to have of- amendment is exactly the cir- able to offer that amendment. We also fered to get down to seven. It was par- cumstance that the Senate sought to talked about other amendments that ticularly challenging since they were end by its 1979 amendments. Plainly, could have been offered. We did not not allowed to offer any amendments Mr. President, this practice has gotten stop the amendments from being of- prior to cloture on the bill, which out of hand. fered. My friend the Republican leader would be the normal process around I see on the Senate floor the junior filled up the slot that was available, here. Senator from the State of Oregon. He and he didn’t want to take it down. We Mr. REID. Mr. President, is there an and a number of other Senators worked were willing, even though they were up objection to my consent? very hard at the beginning of this Con- there, to move other amendments. He The PRESIDING OFFICER. Unani- gress to kind of change what was going didn’t want to do that, for reasons I mous consent is pending. Is there ob- on around here, to make things move don’t understand, but that is the way it jection? more quickly, to make things move was. Mr. MCCONNELL. I object. more fairly. There was a lot of talk We have agreed to seven nongermane, The PRESIDING OFFICER. Objec- about we are going to try to move nonrelevant amendments, and I think tion is heard. things along, we are not going to hold that is fair. I have worked a good share The majority leader. up motions to proceed, and all that. of this afternoon trying to clear some Mr. REID. Mr. President, on Tuesday, But that hasn’t worked too well. of these other amendments. We have 79 Senators moved to invoke cloture on I say to my friend through the Chair, gotten permission from the Democratic the motion to proceed to this bill, the the Senator from Oregon, this is an- Senators to have votes on these mat- China currency manipulation legisla- other example of how the rules have ters I have listed. I cannot get consent tion. After the Senate decided it want- been abused this Congress. This didn’t on the Johanns amendment. I cannot ed to consider this bill, I spoke with happen—it happened rarely last Con- get consent on the Brown amendment. the Republican leader about how the gress, but this is standard procedure I cannot get consent on the Vitter Senate could agree to consider a rea- now, again, in an effort to avoid the amendment. I can’t do that. I have sonable number of relevant amend- rules. tried. I can’t get it done. So these are ments. The Republican leader re- This practice has gotten way out of the ones I can get. sponded with a patently nongermane hand. So notwithstanding this abuse, On the Paul amendment, in my last amendment. That action pretty much this morning I once again offered to conversation with the Republican lead- froze the amendment process. work together with the Republican er he told me that Paul wasn’t offered, Notwithstanding that impasse, ear- leader to come to a reasonable number and I appreciate that. But that is lier today 62 Senators moved to invoke of motions to suspend. The Republican where we are. We could have six votes. cloture on this bill. Manifestly, this is leader and I discussed—we had a list of We could complete this very quickly. I a measure that a supermajority of Sen- nine or ten motions to suspend on don’t like this process, but I am going ators wish to pass. which he sought votes. I note that

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The ma- everyone’s interest that we would vote That is what has led us to where we are jority leader. on this on Tuesday when we come now. Unless the Senate votes to change Mr. REID. Is there a sufficient sec- back. We have a judge we could vote on its precedents today, we will be faced ond? who is already settled. We could vote with a potentially endless series of mo- The PRESIDING OFFICER. Is there a on final passage on this, and then we tions to suspend the rules after the sufficient second? will vote on the jobs bill that is up. Senate has voted overwhelmingly to There is a sufficient second. Then what we are going to do is that bring consideration to a close, and that The PRESIDING OFFICER. The night we will work to have an agree- is a result that a functioning democ- question is, Shall the decision of the ment that is arranged, because we racy cannot tolerate. Chair stand as the judgment of the don’t have the time worked out on I, Mr. President, withdraw my Senate? this, as to how much time. Under the amendment No. 695. The clerk will call the roll. rule, there is 60 hours. We are not going The assistant legislative clerk called The PRESIDING OFFICER. The Sen- to use 60 hours on these three trade the roll. ator has that right. agreements. But everyone should un- Mr. DURBIN. I announce that the MOTION TO SUSPEND RULE XXII, PARAGRAPH NO. derstand we are going to finish the Senator from California (Mrs. BOXER) 2, INCLUDING GERMANENESS REQUIREMENTS, trade agreements on Wednesday. If is necessarily absent. FOR THE PURPOSE OF PROPOSING AND CONSID- that means people want to spend 20 The PRESIDING OFFICER. Are there ERING AMENDMENT NO. 670 hours debating one of them, they may any other Senators in the Chamber de- Mr. REID. I call up the motion to have to spend all night Tuesday doing siring to vote? suspend rule XXII, including germane- The result was announced—yeas 48, that, because we have some things here ness requirements, filed yesterday by nays 51, as follows: that we have made commitments to do. Senator COBURN for the purpose of pro- Mr. MCCONNELL. Mr. President, will [Rollcall Vote No. 157 Leg.] posing and considering amendment No. the majority leader yield? 670. YEAS—48 Mr. REID. Yes. The PRESIDING OFFICER. The Alexander Enzi McConnell Mr. MCCONNELL. What I hear the Ayotte Graham Moran majority leader saying is we are going clerk will report the motion. Barrasso Grassley Murkowski The assistant legislative clerk read Blunt Hatch Nelson (NE) to vote on the trade agreements on as follows: Boozman Heller Paul Wednesday. Is that what my friend is Brown (MA) Hoeven Portman The Senator from Nevada [Mr. REID], for saying? Burr Hutchison Risch Mr. REID. That is what I said. Mr. COBURN, moves to suspend rule XXII, Chambliss Inhofe Roberts paragraph No. 2, including germaneness re- Coats Isakson Rubio Mr. MCCONNELL. That means the quirements, for the purpose of proposing and Coburn Johanns Sessions President of South Korea will have the considering amendment No. 670. Cochran Johnson (WI) Shelby opportunity to address the joint ses- Collins Kirk Snowe Mr. REID. Mr. President, I make a Corker Kyl Thune sion on Thursday, having, hopefully, that the motion to sus- Cornyn Lee Toomey seen the United States approve these pend is a dilatory motion under rule Crapo Lugar Vitter long-awaited trade agreements. XXII. DeMint McCain Wicker Mr. REID. So unless someone has The PRESIDING OFFICER. The NAYS—51 some objection, we will leave here for point of order is not sustained. Akaka Hagan Murray the evening and the staff will work out Mr. REID. I appeal the ruling of the Baucus Harkin Nelson (FL) a proper unanimous consent agreement Begich Inouye Pryor that I will announce at some subse- Chair and request the yeas and nays. Bennet Johnson (SD) Reed The PRESIDING OFFICER. Is there a Bingaman Kerry Reid quent time after conferring with the sufficient second? Blumenthal Klobuchar Rockefeller Republican leader. Brown (OH) Kohl Sanders Mr. MCCONNELL. Mr. President, I Mr. WICKER. Mr. President, has a Cantwell Landrieu Schumer unanimous consent request been pro- have a parliamentary inquiry. Cardin Lautenberg Shaheen The PRESIDING OFFICER. The Re- Carper Leahy Stabenow pounded, or was the majority leader publican leader. Casey Levin Tester simply stating that we would proceed Conrad Lieberman Udall (CO) to vote on Tuesday unless there was Mr. MCCONNELL. If I may make a Coons Manchin Udall (NM) brief observation. Listening carefully Durbin McCaskill Warner objection? to the majority leader, he is suggesting Feinstein Menendez Webb The PRESIDING OFFICER. The ma- the specter of filibustering by amend- Franken Merkley Whitehouse jority leader. Gillibrand Mikulski Wyden Mr. REID. What I said is that—my ment when, in fact, we had already friend from Mississippi is right. Unless agreed to seven. NOT VOTING—1 someone has an objection, we will set Having agreed to seven, it strikes me Boxer things up to vote Tuesday evening; as very difficult to argue that we are The PRESIDING OFFICER. On this otherwise, we would have to vote to- establishing some precedent for filibus- vote, the yeas are 48, the nays are 51. morrow afternoon. tering by amendment because he and I The decision of the Chair does not Mr. WICKER. Mr. President, if I had agreed to seven. The only place stand as the judgment of the Senate. could reserve the right to object, and I this ran aground was the majority Therefore, the point of order is sus- may or may not object but—— leader trying to pick all seven of the tained. The PRESIDING OFFICER. There is minority’s amendments. Mr. REID. Mr. President, I know no unanimous consent at this time. So what we have is that no amend- there are some hurt feelings here, per- Mr. WICKER. I wish to be recognized ments have been considered other than haps on both sides, because this hasn’t to speak then. those of a technical nature offered by been easy for me, either, but let’s not The PRESIDING OFFICER. The ma- the majority leader in order to fill up dwell on that. But I want the record to jority leader still has the floor. the tree. That was prior to cloture. So reflect that the fact that we have to do Mr. REID. Mr. President, I note the what is about to happen is that the ma- things sometimes that are difficult absence of a quorum. jority is trying to set a new precedent doesn’t mean Senator MCCONNELL and I The PRESIDING OFFICER. The on how the Senate operates. have any problems with each other. I clerk will call the roll. For the record, my preference would want to make sure the record is clear The legislative clerk proceeded to have been to consider amendments on in that regard. call the roll.

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.073 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6316 CONGRESSIONAL RECORD — SENATE October 6, 2011 Mr. CORKER. Mr. President, I wish week to lead us to the place that we So what procedurally took place is to vitiate the quorum. are. That is all I am asking. That is all this: I believe, as I indicated in my The PRESIDING OFFICER. Is there I want to know. Explain how the great- opening statement, that rule XXII objection? est deliberative body, on a bill that dealing with cloture says that when Mr. REID. Yes. many would say was a messaging bill cloture is invoked, it is finite—it is fi- The PRESIDING OFFICER. Objec- in the first place, ended up having no nite; it ends debate on that issue unless tion is heard. amendments, and we are in this place there are amendments that have been The clerk will continue the call of that we are right now. I would just like filed that can be dealt with during the the roll. to understand that. 30 hours. There were not any in this in- The legislative clerk continued the Mr. REID. Mr. President, through the stance. call of the roll. Chair to my friend from Tennessee and So I have been here quite a while, Mr. WICKER. Mr. President, I reserve others who wish to listen, we moved to and one of the most unpleasant things the right to object. If the Senator wish- this legislation, the China currency, I have had to deal with over the years es to speak, I don’t want to prevent with a heavy vote. We had 79 Senators has been the vote-arama when we do him from speaking. who wished to proceed to that. Once we the budget thing. We have had 60, 70, The PRESIDING OFFICER. The Sen- were on the bill, I partially filled the 80, 120 amendments filed. Under this ate is in a quorum call. tree. procedure that has recently been Mr. VITTER. Mr. President, I move Why did I do that? I have found over adopted, by the minority in this in- to vitiate the quorum. the last Congress and 9 months that stance, there is no limit to how many The PRESIDING OFFICER. Is there when I try to have an open amendment amendments could be filed. Today objection? process, it is a road to nowhere. It just there were 9 or 10. Mr. UDALL of New Mexico. I object. has not worked. We have not been able The PRESIDING OFFICER. There is to effectuate a single bill being passed This has to come to an end. This is objection. that way. Regardless of whether that is not a way to legislate. That is why the The clerk will continue to call the right or wrong, that is what I did. motion to overrule the ruling of the roll. Senator MCCONNELL wanted to offer Chair—that is why I made that. I think Mr. VITTER. Mr. President, I have a an amendment on the President’s jobs this is something that was discussed in parliamentary inquiry. bill. That, in effect, tied us down be- great detail at the beginning of this The PRESIDING OFFICER. The Sen- cause he was unwilling to let us move Congress. I have a number of Senators ate is in a quorum call. to any other amendments. I was will- on my side who believe very strongly, Mr. VITTER. Mr. President, I move ing to move to other amendments. Spe- as my friend from Tennessee has just to vitiate the quorum. cifically, everyone who was involved in described, that the Senate has become The PRESIDING OFFICER. Is there this process thought that Senator a place where it is very difficult to de- objection? HATCH was entitled to an amendment bate anything. So Senator MERKLEY Mr. UDALL of New Mexico. I object. because his was clearly germane and and Senator UDALL, joined by others, The PRESIDING OFFICER. There is relevant. But without going into ‘‘he wanted to change the rules. objection. said, he said,’’ the fact is no amend- At that time, we believed, and the The clerk will continue to call the ments were offered, even though I was Parliamentarian and all the law that roll. happy to have some amendments of- we were familiar with said, a simple The legislative clerk continued the fered. majority could change the rules dra- call of the roll. Now, what has happened over the last matically as to how it relates to fili- Mr. REID. Mr. President, I ask unan- 9 months is that—and even this went buster and all other things. I felt that imous consent that the order for the on last year, where we learned about certain changes were important and quorum call be rescinded. this—when cloture was invoked, Sen- maybe we should ease into this. That is The PRESIDING OFFICER. Is there ators—it was led by Senator DEMINT, why we are not reading the amend- objection? and then Senator COBURN picked up on ments now, as we used to be forced to Without objection, it is so ordered. this quickly—as soon as cloture was in- do on occasion, and we had a gentle- Mr. REID. Mr. President, thank you voked, motions to suspend the rules man’s agreement motions to proceed very much. were filed. would be not opposed generally, and I As I understand the rules, each Sen- Now, as I have said today, that was would not fill the tree all the time. ator is entitled to 1 hour to speak done in this instance. I know my Re- As a result of that, Senators postcloture if they care to. It is my un- publican friends say: The reason we did MERKLEY and UDALL, much to their derstanding that Senators CORKER, that is because we could not offer consternation because I did not join WICKER, and VITTER wish to speak amendments on the underlying bill. I with a majority of my caucus, opposed postcloture. It would be better for ev- disagree with that. I think people could what they did because I was hopeful eryone here—and if they want to speak have offered amendments. But we were that we could get back to doing some for an hour, that is fine; I have no at the point where we were. We had 9 or legislating that we had done in the place to go—but if we could all have an 10 motions to suspend the rules. I past. idea as to how long Senator CORKER, worked all day, much of the time later Senator WICKER, and Senator VITTER this afternoon with Senator MCCON- Now, I feel very comfortable that wish to speak, it may help us better NELL, trying to come up with a list of what we are doing and what we did manage what is going on here. those motions to suspend. I had to get today is the right thing to do. My staff, So if I could direct this question the approval of my caucus to move to this morning, when I talked about through the Chair to my friend, the all those amendments. I could not do doing this—the first thing they said to Senator from Tennessee, Mr. CORKER. it. I could not. I, in effect, made a num- me: Well, what if you are in the minor- The PRESIDING OFFICER. The Sen- ber of my Senators very unhappy by ity? ator from Tennessee. moving to amendments that are ex- Let me tell everybody within the Mr. CORKER. Mr. President, thank tremely difficult. sound of my voice, if I were in the mi- you for recognizing me. The only amendment I am aware of nority, I would not do this. I think it is I really do not want to speak. Here is that is germane to what we are work- dilatory and wrong, just as I have said what I want to happen. I think Mem- ing on is Senator HATCH’s amendment. when we were in the now famous de- bers on both sides of the aisle believe The rest of them are not germane. bate dealing with the judges issue that this institution has degraded into a They may be good amendments, great we had, the nuclear option. I said if I place that is no longer a place of any message amendments, causing a lot of were in a position to exert what I felt deliberation at all. I would like for you pain over here, but I agreed to do seven was the nuclear option on judges, I and the minority leader to explain to of the nine. Senator MCCONNELL said would not do it. And I would not. I us so that we have one story here in he needed at least one more. I could think we have to do a better job of leg- public as to what has happened this not get one more. islating under the rules.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.075 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6317 So even though perhaps Senator I do not know why anybody should I think we made a big mistake to- MERKLEY and Senator UDALL were dis- act as though they were offended by night. As soon as we all kind of cool off appointed in my advocacy to not mas- nongermane amendments. This is the and think about it over the weekend, I sively change these rules, I went along Senate. We do not have any rules of hope we will undo what we did tonight hoping things would work out better. germaneness. No, we do not. Any sub- because it is not in the best interests of What just took place is an effort to try ject on any bill can be offered as an this institution or the American peo- to expedite what goes on around here. amendment. We all know that. ple. Am I 100 percent sure that I am right? The fundamental problem here is The PRESIDING OFFICER. The ma- No. But I feel pretty comfortable with that the majority never likes to take jority leader. what we have done. There has to be votes. That is the core problem. And I Mr. REID. Mr. President, the Senate some end to these dilatory tactics to can remember, when I was the whip in should function like the Senate. I ac- stop things. Cloture means end; it is the majority, saying to my members knowledge that. But we have major over with. over and over again, when they were pieces of legislation that have been Mr. MCCONNELL. Mr. President, who whining about casting votes they did brought down as a result of not being has the floor? not want to vote, that the price of able to have finality of that legisla- The PRESIDING OFFICER. The ma- being in the majority is that you have tion, unending amendments that are jority leader has the floor still. to take bad votes because in the Sen- not germane or relevant. The small Mr. MCCONNELL. I would like to ate, the minority is entitled to be business innovation bill that had also give my version, if I may, to the heard—not entitled to win but entitled passed in past years easily, we had the distinguished Senator from Tennessee. to be heard. So that is the core prob- Economic Development Administra- Mr. REID addressed the Chair. lem. tion bill that passed easily in the past, The PRESIDING OFFICER. The ma- I would say to my friend the major- job-creating bills on which we had an jority leader has the floor. ity leader—and this is nothing personal open amendment process—they were Mr. REID. I yield to my friend, the about him; I like him, and we deal with simply stopped. Republican leader, to respond to any each other every day—we are fun- There are rules of germaneness in the questions that the Senator from Ten- damentally turning the Senate into the Senate. There are rules of germaneness nessee may have. House: no amendments before cloture, in the Senate. Let’s think about these The PRESIDING OFFICER. Without no motions to suspend after cloture, amendments that I agreed to. There objection, it is so ordered. and the minority is out of business. are others I did not agree to, but there Mr. MCCONNELL. Yes. Let me, for And it is particularly bad on a bill that are amendments that I agreed we the benefit of our colleagues, explain has the support of over 60 Members, as should have a vote on, not that I want- what, in fact, happened. It is not com- this one did. If you are not among ed to have a vote on them because they plicated. those 60, you are out of luck. had nothing to do with the underlying It was pretty clear, whether you Now, look, this is a bad mistake. The bill—nothing. There are rules of ger- liked this bill or did not, it was going way you get business done in the Sen- maneness that that should be the case. to pass. You could tell that by cloture ate is to be prepared to take bad votes. DeMint amendment, right to work; on the motion to proceed with a very At some point, if 60 Members of the Cornyn amendment, fighter planes to large majority. So I do not think my Senate want a bill to pass, it will pass. Taiwan—we already had a vote on that, good friend the majority leader had to If 60 Members of the Senate do not but we agreed to have another one; worry about whether his bill was ulti- want a bill to pass, it will not pass. It Hatch amendment—that one is rel- mately going to pass. The question was is more time consuming. I assume that evant and it is germane; Barrasso whether there were going to be any is why a lot of people ran for the Sen- amendment, cement—not so; Paul, amendments at any point to the bill. ate instead of the House—because they Federal funding; Coburn, foreign aid; And my conference made a decision— wanted to be able to express them- McConnell, jobs act. actually against my best advice—to go selves. This is a free-wheeling body, Part of cloture is enforcing germane- on and invoke cloture on the bill after and everybody is better off when we op- ness. That is what it is all about. We we had no amendments. The reason we erate that way. Everybody is, whether are happy to do germane amendments. had no amendments is because the ma- you are in the majority or the minor- But the fact is, the Republican leader jority leader used a device we have all ity, because today’s minority may be himself decided not to have amend- become too familiar with called filling tomorrow’s majority, and the country ments on this bill. I agreed to amend- the tree, thereby allowing no amend- is better off to have at least one place ments on the bill prior to cloture. Ev- ments he does not approve. And he said where there is extended debate and erybody probably does not know that; that we are open for amendments, but where you have to reach a super- they should because that is the way it what he means is this: We are open for majority to do things. is. any amendment I approve. So he filled So I would say to my good friend the So we have to make the Senate a bet- the tree and, prior to cloture on the majority leader that I understand his ter place, and I think a better place is bill, controlled whether any amend- frustration. But you were going to win to do what was done tonight, to get rid ments would be allowed and chose not on this bill. You did not need to jam of these dilatory amendments. I mean, to allow any, as a practical matter. So us. You should not jam us on any bill, we would be happy if poor Senator against my best advice, my conference but on this bill you were going to win. BINGAMAN could get some bills out of decided to invoke cloture on the bill. Now, some of us think we were wasting the Energy Committee. We could do So we were moving to approving the our time because, as the Senator from something on cement. If we could get bill with no expression whatsoever. Tennessee said, this was not going to some bills out of the Foreign Relations So we have in the postcloture envi- become law anyway, and we are sitting Committee, we could maybe look at ronment the motion to suspend, which around here when we ought to be pass- foreign aid. has not been abused by this minority— ing trade bills. These things are dilatory and only not been abused by this minority. The The President has asked us to vote unnecessary, in an effort to divert from majority leader, in effect, has over- on his jobs bill. I wanted to give him an what we are really trying to do here; ruled the Chair with a simple majority opportunity to have his vote the other that is, legislate. vote and established the precedent that day. You guys did not even want to So the issue is this: I believe what we even one single motion to suspend— vote on what the President was asking did at the beginning of this Congress even one—is dilatory, changing the us to vote on without any changes. But was the right thing to do, but as the rules of the Senate. And if you look you can prevent that, and you did. weeks and months have rolled on, back at his bill, what we have had, in Look, let’s not change this place. wasting months of our time on a CR effect, is no amendments before clo- America does not need less debate, it that was done—on a series of CRs—1 ture, no motions to suspend after clo- needs more debate. And when 60 Mem- week, 2 weeks, 3 weeks—to fund the ture, no expression on the part of the bers of the Senate decide to pass some- government until October, a few days minority at all. thing, it will pass. ago—what a waste of time. We have

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.076 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6318 CONGRESSIONAL RECORD — SENATE October 6, 2011 spent months—months—on raising the So we can do all of the make-believe Mr. WICKER. I thank the distin- debt ceiling, making it nearly if not that my friend the Republican leader is guished majority leader for yielding. I impossible to legislate on other mat- talking about, about what great things will not take long. ters. And when we get a chance to leg- should happen around here. Well, I will I have been in the Senate 4 years islate, we should not be held up by tell you a few things that should hap- now, and I think my colleagues know I these dilatory matters. pen: We should be able to move matters do not come down to the floor and I am willing to legislate. I have through here that have been happening spout a lot of hot air. But I have to be taken a lot of hard votes in my career, since the beginning of this country— heard tonight. and I would have been willing to vote , for example. We can’t do I will agree with my friend the ma- on these. But there has to be an end to that because my friend the Republican jority leader on one thing: This is no this. leader, as candid as he was, said his No. way to legislate. He said those words a I would be happy to yield to my 1 goal is to defeat President Obama. few moments ago, and I agree. friend. That is what has been going on for 9 We have become accustomed to a Mr. MCCONNELL. Let me make sure months here, and this issue relating to procedure, and I have disagreed with we understand. There are not any rules these dilatory tactics on these motions that procedure, but it has been the reg- of germaneness precloture in the Sen- to suspend the rules is just part of that ular order during the time I have been ate. There are not any. Any amend- game that is being played. Let’s get here; that is, the usual practice is a bill ment can be offered on any subject. back—I agree. I agree. Let’s get back is brought to the floor, and the major- And that has been one of the great to legislating as we did before the ity leader immediately offers every frustrations of every majority down mantra around here was ‘‘Defeat amendment that can possibly be of- through the years. We all know that. Obama.’’ fered in a parliamentary way, thus fill- So my friend the majority leader, in Mr. LEAHY. Would the majority ing the amendment tree and preventing order to prevent the votes on unpleas- leader yield for a question? other Senators from offering amend- ant amendments, fills up the tree and Mr. REID. I would be happy to yield. ments. decides himself that he is going to con- The PRESIDING OFFICER. The Sen- Then cloture is filed and we don’t fine the amendments to those that are ator from Vermont. have an opportunity to have a full either germane—relevant—or, put an- Mr. LEAHY. Mr. President, I pose hearing. I am told this has not always other way, of his choosing, whatever this question, and as I look around this been the practice, but we have been ac- you want to allow. floor, with the exception of Senator customed to that practice. My friend keeps talking about wast- INOUYE, my dear friend from Hawaii, What happened tonight is far dif- ing time. Well, wasting time to him nobody has served in this body longer ferent from that. I think that is why might not be wasting time to us. We than I have—on the current member- my friend from Tennessee propounded might not think that offering an ship—nobody. I keep hearing this talk the question to the majority leader. We amendment on something we think is about 60 votes. Most votes you win by had a bill—and it may be a messaging important for the country is a waste of 51 votes, and this constant mantra of 60 bill, but if it were passed, it would be a the Senate’s time. votes, 60 votes—this is some new inven- significant piece of legislation. I think So who gets to decide who is wasting tion, I tell my friends, based on my both sides acknowledge that. No time around here? None of us. None of sense of history. amendments were allowed precloture us have that authority to decide who is So my question to the majority lead- and no amendments have been allowed wasting time. But the way you make er, whether we were here with a Demo- postcloture. The majority leader, this things happen is you get 60 votes at cratic majority or a Republican major- very day, after the cloture vote assured some point, and you move a matter to ity, does he remember a time when the Senate that we would be operating conclusion, and the best way to do that judges who were confirmed unani- under an open process. He said those is to have an open amendment process. mously—every single Republican, words. Not only that—and perhaps the That is the way this place used to oper- every single Democrat voting for them majority leader, when I finish in a mo- ate. out of committee—would then sit on ment or two, could correct me—I be- I have been here a while. I know this the calendar for 3, 4, 5, sometimes 6 lieve I heard the majority leader say is not the way it has always happened. months because there was not an we would be allowed to offer motions This is not the way we always oper- agreement to vote on them without a ated. And we did get things accom- 60-vote supermajority? I cannot re- to suspend the rules on a number of plished, not by trying to strangle ev- member it at any time in 37 years. I do amendments, and debate would be al- erybody and shut everybody up but by not know if the majority leader can re- lowed. What occurred was that Senator allowing the process to work. And call such a time. when the Senate gets tired of the proc- Mr. REID. The Senator from COBURN offered his motion to suspend ess, 60 people shut it down, and you Vermont has been here longer than I the rule on his amendment. We as- move to conclusion. That is how you have, but he is absolutely right. sumed we would be able to do this on move something ahead, not by pre- I would also add this: that the Repub- at least a few amendments. But the venting the voices. lican leader said—and I think this says very first amendment that was offered, I mean, we have sat around here 2 it all—today, as an extemporaneous re- the majority leader suggested to the days in quorum calls. Have you all no- mark from his position here where he Chair, and made the point of order to ticed that? We could have been voting is now standing, and I quote: the Chair, that it was dilatory—one on amendments. Sitting around in If 60 Senators are in favor of bringing a amendment. That was deemed dilatory quorum calls—talk about a waste of matter to conclusion, it will be brought to a by the majority leader, and the Parlia- time. conclusion. mentarian correctly instructed the Mr. REID. I am going to respond to That is what happened a few minutes Chair to overrule that suggestion by this. I don’t know the exact number ago, and that is what cloture is all the majority leader, upholding the now, but almost 30 judges are waiting about. That is what cloture is all precedent of the Senate. And one by to be approved, people who are waiting about. one, Democratic Members of this body to change their lives, doing their patri- I believe in cloture. As I have indi- had to march down and vote to over- otic duty, public service. I can’t file cated several times earlier, I was not in rule the Parliamentarian of this Sen- cloture on all of those. There are 29 of favor of changing the rules relating to ate for the very purpose of shutting them. cloture as some of my colleagues did. down the chance to offer one single We have been stymied here in this But I think this is a step forward. It amendment, when the majority leader Congress in getting things done—hold- will make this process work a lot bet- well knew he had the votes to win. But ing up nominations for judges, holding ter. our rules have, I thought, been de- up nominations—some people have I want to yield for a question to my signed—and I think our society is de- been on the Executive Calendar for a friend from Mississippi. signed this way—around the concept long, long time. It is unfair. That is The PRESIDING OFFICER. The Sen- that the minority has an opportunity what is going on around here. ator from Mississippi. to be protected; the minority has an

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.077 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6319 opportunity to be heard in this body, of We could have been done with this bill written down by mistake instead of 387. all bodies. yesterday. Instead, everybody cools It was filibustered—60 votes. So our de- What we have done tonight—unless their heels, waits around, while some fense is to fill the tree. we can remove that—is we have negotiation takes place—sort of a self- But what we ought to try to do changed the rules of the Senate on a appointed rules committee. And at the here—and, as I said, the Senator from messaging bill, on a matter that the end, something like this happens. Tennessee and I futilely tried earlier majority leader had the votes on. That I wish to understand from the lead- this year to maybe calm things down— is my objection. That is why I am so er’s perspective why we don’t just vote is to maybe use this flashpoint to try disturbed about the overreaction and on amendments? We could have been to come together and work that out heavyhandedness of this move. done yesterday. again. Maybe the minority would not This is not a matter of supporting Mr. REID. Mr. President, I will try to routinely filibuster everything—ap- the leader on one bill that he wants to respond to my friend. People around pointments, judges, minor bills—and get us out of town on. This is prece- here are talking as if this is something can save it for the major bills. In re- dent. Unless we can change it, we have that never has happened before. This turn—and I agree with the minority forever changed the right of the major- has happened—I don’t remember all the leader that the deal around this place ity to be heard postcloture. I am sad- times since I have been in the Senate is the majority sets the agenda and the dened about that. that the Chair—as brilliant as our Par- minority gets to offer amendments. Mr. REID. Mr. President, first of all, liamentarian is, and the Chair does its That has been the rule since I got here amendments could have been offered best to distinguish what the Parlia- and one of the reasons—he is correct, I precloture. My friend said he thought mentarian wants, but he is not always say to my friend from Kentucky—why we were going to be able to offer some sustained. I have been involved in a I left the House to run for the Senate. amendments postcloture with their number of those examples. So it isn’t But it has gotten to the extreme. motions to suspend the rules. That is as if this never happened before. While my colleagues on the other side what I said would happen, and I agreed We did it with the understanding would say it got to the extreme be- to that—seven amendments. People are that what is going on here is dilatory, cause we always fill the tree, we would saying, you choose the amendments. I and that is what the majority felt. say it got to the extreme because you didn’t choose the amendments. They Mr. SCHUMER. Will the majority filibuster everything and require 60 came up with these amendments. These leader yield for a question? votes on everything—we only have 53, are the ones they gave me. I was sup- Mr. REID. Yes. we know that—including judges, ap- posed to select which ones, and that is Mr. SCHUMER. Mr. President, in the pointments, and minor bills. If we are what I did. I could not get agreement form of a question to the majority going to bring this place back to order, if we are going to bring this place back on some of these amendments. I have leader and also the Republican leader— to a place where we can legislate, both explained that previously. we are all frustrated. The Senator from Also, everyone should recognize that Tennessee and I talked about that frus- sides have to back off, and we are going motions to suspend the rules are still tration at the beginning of the session, to have to figure out how to do that, available; they are just not available and it hasn’t worked terribly well to which we haven’t done adequately yet. One other point before I ask my ques- postcloture. Rule XXII provides: try to straighten this out. You are tion. The Senator from West Virginia frustrated, and we can talk about the Is it the sense of the Senate that debate had a few of us on his boat this week. shall be brought to a close? specifics here. A number of the freshmen Senators The one point I make is that the ma- That is what it says. That rule has from the other side of the aisle were on jority leader, isn’t it true, offered on been in existence for a long time. I am the boat, as I was. We began to talk, the floor yesterday to allow amend- sorry my friend is disappointed, but I and they were asking, why is this place ments on this bill? And the only think the playbook he is reading from so mixed up? I explained that some of amendment that was sent to us was the is not accurate. the greatest joys I have had in the Sen- amendment to have a vote on the The PRESIDING OFFICER. The Re- ate and the House were conference President’s budget, is that correct? publican leader. , and offering amendments, Mr. REID. That is right. Mr. MCCONNELL. Mr. President, the and things such as that. We all said, to- Mr. SCHUMER. But it was not widely Senator from Mississippi is accurate. gether, why can’t we get back to that? Until the vote we had just a few mo- known on this side. The majority lead- Let me say that it is not simply fill- ments ago, motions to suspend er had offered amendments on this bill. ing the tree and preventing amend- postcloture were appropriate. No The question I ask is this—and I will ments that caused this problem. It is longer are they appropriate because, as make a statement and lead up to a routinely requiring 60 votes before the my friend from Mississippi pointed out, question. You are frustrated because Senate can get a drink of water. we have in effect changed the rule. you feel the tree is filled all the time My question to the majority leader is The PRESIDING OFFICER. The ma- and you cannot make amendments. this: Would he be willing—we need a jority leader has the floor. But we are frustrated because the 60- little bit of a cooling-off period—to sit Mr. REID. Mr. President, I yield to vote rule—which has always been used down with the minority leader and oth- my friend from Tennessee. here—is now used routinely, which ers in an effort to try to figure out how Mr. CORKER. Mr. President, I thank never has been done before. Judges— we can get back to somewhat more of the leader for taking the time to ex- district court judges—I have been here a regular order in regard to what I plain from his perspective what has in the Senate 13 years, and I was in the said? happened. I guess what I want to un- House 18 years and followed the Senate Mr. REID. Mr. President, I say this derstand is, when amendments are of- and cared about judges. It never hap- to my friend and others listening. I fered, why don’t we just go ahead and pened before. Routine appointees—as- want everybody to understand a little vote on them? If it is standard proce- sistant secretaries of this, deputy sec- bit of the frustration I have. We all dure—— retaries of that—60 votes. And on bill went through the battle on the FEMA Mr. REID. Can the Senator start after bill after bill, the procedure of bill. Everyone remembers that. People over? I was preoccupied. this place works that somebody has to in the dark bowels of this building Mr. CORKER. First of all, I thank object. That is why you file cloture; someplace typed that bill up. They the leader for taking the time to ex- otherwise, we could proceed. made a mistake and had a comma in plain from his perspective. Here is In the past, the motion to proceed the wrong place—a comma. I asked what I don’t understand. We had a clo- was not routinely blocked. And almost consent, because that was a technical ture motion to proceed on Monday. It every single bill—important bills, obvi- correction, to get that corrected. There is Thursday night. We have had no ously—and nobody thinks the health were press releases out already from votes on anything other than a cloture care bill should have passed by 51 my Republican friends: We are not vote. I guess what I would love to un- votes. But on minor bills—we had a fil- going to agree to any consents on any- derstand is, why don’t we just imme- ibuster on technical corrections to the thing. You talk about frustration— diately begin voting on amendments? Transportation bill, where 287 was there is plenty of it to go around.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.079 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6320 CONGRESSIONAL RECORD — SENATE October 6, 2011 I want to try to end this on a high Mr. REID. Mr. President, I ask unan- firehoses and police dogs, the brutal note. I love this institution. I have de- imous consent that the order for the force of Bull Connor’s lynch mob. His voted most of my life here in this quorum call be rescinded. life and his family were threatened by building—not only as a long-time The PRESIDING OFFICER. Without Connor’s ignorant hostility—or indif- Member of the House and Senate, but I objection, it is so ordered. ference more often than hostility. lived here while going to law school. I Mr. REID. Mr. President, we will His words: worked in this building. I was a cop have no more votes, and I have con- They would call me SOB, and they didn’t here. I love this building and this insti- firmed that with the Republican lead- mean ‘‘sweet old boy. . . . ’’ [T]he first time tution. I don’t want to do anything to er. I saw brass knuckles was when they struck denigrate the institution. Maybe there f me . . . they missed me with dynamite be- is blame to go around, and I think cause God made me dynamite. MORNING BUSINESS there probably is. But frustration So his direct action campaigned con- builds upon frustration and, as a result Mr. REID. Mr. President, I ask unan- tinued. He mobilized students to boy- of that, we have situations such as imous consent to proceed to a period of cott merchants with Jim Crow signs in this. morning business, with Senators per- their storefronts. He worked and he So here is my suggestion. I think just mitted to speak for up to 10 minutes marched with Dr. King, affiliating the as we had a cooling off period, as we in- each. Alabama Christian Movement for dicated that we would on that FEMA The PRESIDING OFFICER. Without Human Rights with the Southern CR—we had a cooling off period, and objection, it is so ordered. Christian Leadership Conference, orga- the Republican leader and I agreed that f nizing bus boycotts and sit-ins and marches and acts of civil disobedience. would be the right thing to do, and we TRIBUTE TO REVEREND FRED He persuaded Dr. King to bring the then came back and worked something SHUTTLESWORTH out. We did it very quickly. It wasn’t civil rights movement to Birmingham, to everybody’s satisfaction. I had peo- Mr. BROWN of Ohio. Mr. President, I where Dr. King would write his famous ple upset and he had people upset, but rise today to honor Rev. Fred Lee ‘‘Letter from a Birmingham Jail.’’ In we did that. So it would be my sugges- Shuttlesworth, an American civil the letter, Dr. King writes of the neces- tion to do as I originally suggested. I rights hero who lived much of his adult sity of Reverend Shuttlesworth’s direct think we should go ahead and do final life in Cincinnati who passed away this action campaign, fighting ‘‘broken passage on this matter on Tuesday week at the age of 89. I come to the promises’’ and ‘‘blasted hopes.’’ The night. Do the judge first, then vote on floor in support of a resolution with two words ‘‘broken’’ and ‘‘blasted’’ the jobs bill. Then we will deal with Senator PORTMAN, my colleague from meant so much to them personally be- the trade stuff. Cincinnati, where Reverend cause both were attacked so fre- I am happy to not only sit down with Shuttlesworth lived for many years, quently. the Republican leader, but I am sure and also from Senator SHELBY and Sen- In September 1963, the 16th Street we can all cinch up our belts and, as ator SESSIONS, both representing Ala- Baptist Church was bombed, murdering they say in the Old and New Testa- bama, where Reverend Shuttlesworth four little girls, and the movement’s ment, gird up our loins and try to do a lived his earliest several decades and grief and responsive resiliency helped better job of how we try to get along. then the end of his life. pass the Civil Rights Act of 1964. I have talked to the Republican leader Much is known about his life—the The next year, he helped organize the only briefly about this, but I had a dis- beatings, the bombings, the arrests and historic march from Selma to Mont- cussion with my leadership today, and protests. He was born in 1922 in Ala- gomery, across the Edmund Pettus one of the things I was going to an- bama. He was a truckdriver who stud- Bridge, to fight voting discrimination nounce—and so here it is—one of the ied theology at night. He became an or- in Alabama and across the South, gal- things I want to do is have a joint cau- dained minister in his twenties. By the vanizing meeting after meeting with cus. I want to have one with Demo- 1950s, in his thirties, he was the pastor his fiery words. He soon arrived in Cin- cratic Senators and Republican Sen- of Bethel Baptist Church in Bir- cinnati, coming across the Ohio River, ators. At that time we can all talk mingham, the pulpit from which he be- as pastor of the Greater New Light about some of the frustrations we all came the powerful, fiery, outspoken Baptist Church in Avondale. have. leader against racial discrimination He trained Freedom Riders in nearby I wanted to do that the first week we and injustice. Oxford, OH, at the Western Campus for got back after the last . All my When the Alabama NAACP was Women then, now affiliated or absorbed people don’t know about this, and cer- banned in the State, Reverend by Miami of Ohio, one of our great tainly I haven’t finalized this with the Shuttlesworth established the Alabama State universities. He trained those Republican leader, but I think that Christian Movement for Human Rights. Freedom Riders, thousands of activists would be a good step forward; that Sen- Churches held weekly meetings, mem- who would travel south to register ator MCCONNELL and I could be there in bership grew month by month—in large Black voters. front of everybody together, questions part because of Reverend Reverend Shuttlesworth fought for could be asked, statements could be Shuttlesworth’s leadership skills—and racial equality in Cincinnati schools, made, and we could see if that would the Alabama Christian Movement for in city councils and police depart- let a little air out of the tires. Human Rights became the mass move- ments, empowering low-income fami- I will be happy—next time we get clo- ment for Blacks in the South. lies through education, jobs, and hous- ture on an event sometime in the fu- He fought Birmingham’s racism in ing for decades to come. ture—to sit down and find out what, if the courtroom, bringing suits to deseg- I would like to read from and ask anything, we should do postcloture on regate public recreation facilities. He unanimous consent to have printed in matters relating to people who are protested segregation of buses in Bir- the RECORD the editorial from the Cin- frustrated. mingham. He was beaten with chains cinnati Inquirer from October 5, 2011. So that is my statement, Mr. Presi- and brass knuckles when he tried to The PRESIDING OFFICER. Without dent. I am not asking consent on any- enroll his children in a Birmingham objection, it is so ordered. thing, but I would hope we could all school, even though he was, of course, (See exhibit 1.) leave, and Senator MCCONNELL and I a taxpayer. He would lead Freedom Mr. BROWN of Ohio. I would like to would direct the staff to come up with Riders to safety—a critical voice im- share a couple of words from the Cin- something, an arrangement com- ploring Attorney General Robert Ken- cinnati Inquirer. This is the beautifully parable to what I just suggested. nedy and President John F. Kennedy to written Cincinnati Inquirer editorial I suggest the absence of a quorum. get the Federal Government to show about Reverend Shuttlesworth: The PRESIDING OFFICER. The leadership as Freedom Riders were He once told the Tampa Tribune it helped clerk will call the roll. jailed and attacked. Reverend to have a ‘‘little divine insanity—that’s The legislative clerk proceeded to Shuttlesworth was often jailed and when you’re willing to suffer and die for call the roll. later left bruised and bloodied from something.’’

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.080 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6321 They also wrote: His death Wednesday in Birmingham left a from Alabama, and Senator SESSIONS Perhaps nowhere is his ultimate triumph sense of national loss, strongly felt in Cin- from Alabama, I offer my deepest con- more evident than in the renaming of the cinnati, where he spent most of his adult- dolences to the Shuttlesworth family Birmingham airport to the Birmingham- hood and served as pastor of two churches. and to all of his friends and to all of his We feel that sense of loss, recognize the Shuttlesworth International Airport—a pub- loved ones. lic tribute in a city where once a Ku Klux depth of his accomplishment and give thanks for the example he set. Mr. President, I will offer this resolu- Klan member who was a police officer tion, and I think we will be looking at warned him to get out of town as fast as he In Birmingham and Cincinnati, the elo- could. quent Rev. Shuttlesworth appealed to moral it later today, offered by Senators conscience and championed everyday causes. PORTMAN, SESSIONS, SHELBY, and my- Needless to say, the airport was He sat at lunch counters with young pro- self. I will ask for passage later. named after Reverend Shuttlesworth, testers in Birmingham, held ‘‘wade-ins’’ at f not after the KKK police officer. segregated beaches in St. Augustine, Fla., It was an honor to get to know Rev- and later in life established the TRIBUTE TO GARY BERMEOSOLO erend Shuttlesworth and to learn from Shuttlesworth Housing Foundation to help Mr. REID. Mr. President, today I rise him. In 1998, I first met this historic low-income Cincinnatians afford a home. He was focused, undeterrable, bold. He to congratulate Gary Bermeosolo who figure of the civil rights movement— is retiring from his position as Admin- unknown to far too many people—in challenged Birmingham’s white power struc- ture at every turn. He refused to flinch at istrator at the Nevada State Veterans Selma, AL, during a pilgrimage with bombings of his church and home. He urged Home in Boulder City. Gary dedicated Congressman JOHN LEWIS, who was civil rights leaders to be more assertive, la- more than 40 years of his life to serving beaten perhaps more than anybody in beling the 1963 campaign to desegregate Bir- our Nation’s veterans and he touched the civil rights movement. It was an mingham ‘‘Project C’’—for confrontational. many lives in the process. Nevada has opportunity to spend some time with He once told the Tampa Tribune it helped been very fortunate to have a man like to have ‘‘a little divine insanity—that’s Reverend Shuttlesworth in Selma in Gary working for our veterans, and I the late 1990s. when you’re willing to suffer and die for something.’’ am privileged to recognize his accom- I visited his church in 2006. I heard plishments today. him preach, and then, at his retirement But instead of becoming a martyr, the Rev. Shuttlesworth lived to become one of the After returning from service in the party a while after that—not too many movement’s elder statesmen. U.S. Navy, Gary began his career in years ago—I heard him preach again The sound of his name alone revived Idaho. For more than 20 years, Gary and got the chance to get a tour at his memories of Freedom Riders and police fire worked as the director of Veterans retirement party, a tour of the small hoses, of the relentless drive of young civil Services in that State. The Idaho museum in his modest church cele- rights leaders and the stubborn resistance of Statesman awarded Gary with the Dis- brating his life but more set up to the Old South. Perhaps nowhere is his ulti- mate triumph more evident than in the re- tinguished Citizen’s award. He was also honor and commemorate the civil invited as the Honor Marshall for the rights movement in the most personal naming of the Birmingham airport to the Birmingham–Shuttlesworth International Fourth of July Parade in Boise. kind of way. It is impossible for me to Airport—a public tribute in a city where Before my friend Chuck Fulkerson really describe the feelings I had as he once a Ku Klux Klan member who was also a decided to retire from the Nevada Of- talked to a small group—Connie, my police officer warned him to get out of town fice of Veterans Services, he recruited wife, and me—a small group of us as we as fast as he could. Gary to come to Nevada. Gary took a toured this very small museum in a He replied that he didn’t run. And, in Bir- position as the administrator of the room at the church. It was just packed mingham and Cincinnati, he never did. And he never stopped. Nevada State Veterans Home. This with all kinds of mementoes and com- wasn’t an easy task, and the new facil- memorations of the civil rights move- As the Rev. Martin Luther King Jr. once wrote to him, ‘‘May God strengthen your ity was facing many significant chal- ment and Reverend Shuttlesworth’s spirit and uplift your heart that even your lenges. Gary worked diligently to ad- fight in those days in Alabama. From accusers will be forced to admit that truly dress the concerns of the Veterans Af- those pictures and his memory, you you are a man of courage, conviction and in- fairs Administration and ensure that learn not just about a man’s life but tegrity.’’ Nevada’s facility complied with Fed- about our Nation’s history. Mr. BROWN of Ohio. The fight for eral regulations. Since Gary’s arrival, The passage of the most basic civil women’s rights and fair pay and pro- the Nevada Veterans Home has pro- rights laws would not have occurred tections for the disabled, none of those vided first-class healthcare to Nevada’s without his vision and fortitude. We fights were easy, yet in the last few veterans and their family members. honor his legacy in his passing, but we years, we celebrated the 90th anniver- After a troubled start, the Nevada are also charged with upholding a sa- sary of the 19th amendment, the 75th State Veterans home was recognized as cred duty to take his lead, and that is anniversary of Social Security, the one of the top 100 nursing homes in the because progress in our Nation is never 45th anniversary of the Voting Rights Nation. That accomplishment would easy. Passage of voting rights or civil Act, the 20th anniversary of the Ameri- never have occurred without Gary’s rights was not the result of one man’s cans with Disabilities Act. leadership and his dedicated staff. great speech in Washington or one fa- What have we done here this year? Gary’s commitment to service is evi- mous march across the Edmund Pettus How will we show the march toward dent in nearly all of Gary’s pursuits. Bridge. justice is the mark of our Nation’s Not only did Nevada’s veterans benefit EXHIBIT 1 progress? We do so by marching with from Gary’s creative problem solving, SHUTTLESWORTH ‘TRULY A MAN OF COURAGE, his spirit rather than standing in his but he also spearheaded improvements CONVICTION AND INTEGRITY’ shadow. in Veteran care through his work with Cincinnati Enquirer Editorial, Oct. 5, 2011 Dr. King said of Reverend the National Association of State Vet- In 1955, the Rev. Fred Shuttlesworth was a Shuttlesworth, he ‘‘proved to his peo- erans Homes. As a legislative officer, a young pastor in Birmingham, Ala., preaching ple that he would not ask anyone to go regional director, and as the president sermons on equality and working in his seg- where he was not willing to lead.’’ That of the organization, Gary used the les- regated city on the issues before him, such is a testament to his courage. sons he learned in Nevada to help vet- as adding street lights to African-American neighborhoods. Four years ago, then a candidate for erans throughout the Nation. Just last But after he petitioned the Birmingham President, Senator Obama escorted a year, Gary testified before a House of City Council to hire African-American police wheelchair-bound Reverend Representatives Subcommittee in sup- officers, a larger calling took hold of him. Shuttlesworth across the Edmund port of increased flexibility in Federal He saw his role as helping to lift African Pettus Bridge in Selma. It was sym- payments for State veterans homes. Americans—and the rest of his countrymen— bolic. It showed yet again Reverend The lives of many veterans have been from another sort of darkness: that of racial Shuttlesworth leading us across an- directly impacted by Gary’s tireless bigotry. He became a restless, outspoken advocate other bridge. legislative advocacy for improved care. for integration, a co-founder of the Alabama On behalf of a grateful State, Ohio, The mission of the Nevada State Vet- Christian Movement for Human Rights, and and in partnership with Senator erans Home is Caring for America’s He- a leader of the Civil Rights movement. PORTMAN from Ohio, Senator SHELBY roes. No one has embodied that spirit

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.061 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6322 CONGRESSIONAL RECORD — SENATE October 6, 2011 of service better than Gary [From the Pulaski County Commonwealth times, when Navy SEALs are again in the Bermeosolo. Over the past decade, I Journal, Aug. 13, 2011] news. have had the opportunity to work with LIFEOFASEAL: JOHN DEARMON WAS ONE OF Dearmon, a native of Tennessee, moved to ORIGINAL 27 ELITE FORCES Burnside with his family in 1936. He left in Gary on many occasions. He has been a 1940, working with the Civilian Conservation (By Bill Mardis) pleasure to work with. I have always Corps (CCC). He joined the Navy in June 1943 been impressed by Gary’s ability to in- ‘‘It felt great! I would love to have been and served 28 years, retiring in 1971. novate and find solutions for our Ne- with them . . . I started and they finished it ‘‘Would he do it all over again?’’ vada veterans. for me!’’ I loved every minute I was in the Navy. I’m A Pulaski County man can feel heartbeats proud of my life. I didn’t have much (formal) Even in retirement, I am confident of the U.S. Navy SEALs as they moved in education. I finished the 8th grade . . . but in that Gary will continue to be a tireless and killed terrorist mastermind Osama Bin the Navy I got a real education. I feel like I advocate for those who have worn the Laden in a firefight. John W. Dearmon can do anything. I built this house (at 125 uniform. On behalf of all Nevadans and knows their thoughts, their toughness and East Summit Drive, Somerset) in 1972. I had all Americans, I am proud to thank resolve. He was one of the original SEALs. In never built anything before, but I got a ‘How his mind, he will always be a SEAL. To’ manual and went to work.’’ Gary for his service to this Nation’s Dearmon was in a class of 141 during early veterans. World War II that produced the first 27 f SEALs. ‘‘In my class, we ended up with 27 TRIBUTE TO JENNY BOWLING f SEALs, originating from underwater demoli- Mr. MCCONNELL. Mr. President, I tion teams. The class was too tough for 114. They didn’t make it. They dropped out.’’ rise today to pay tribute to a devoted TRIBUTE TO JOHN W. DEARMON ‘‘I didn’t join, I was picked. They picked mother, parent, and fixture of the Col- the best men . . . I was one of them. I was ony Elementary School lunchroom Mr. MCCONNELL. Mr. President, I proud to be a part,’’ Dearmon said. staff, Ms. Jenny Bowling of Laurel rise today to pay tribute to a respect- Dearmon cringed in sorrow a few days ago County, KY. Jenny’s love for cooking able and courageous Kentucky veteran, when a helicopter crashed in eastern Afghan- and sharing great food with people led Mr. John W. Dearmon of Somerset, KY. istan and killed 22 Navy SEALs who were to a long and fulfilling 38-year career John served his country for 28 years, being flown in to assist an Army Rangers as a cook and lunchroom manager at from 1943 to 1971, as one of our coun- unit pinned down by enemy fire. The United Colony Elementary. try’s very first Navy SEALs. States Navy’s Sea, Air and Land Teams, commonly known as Navy SEALs, are the Jenny began her career as a lunch- John moved to Burnside, KY with his U.S. Navy’s principal operation force and a room cook in May of 1959 so that she family when he was a boy in 1936. Dur- part of the Naval Warfare Command. could be close to her three children, ing World War II John was chosen to be SEALs are tough hombres. Few there are who were enrolled at Colony Elemen- part of a class of 141 that produced the who can qualify. tary at the time. She grew close to the ‘‘It just doesn’t get any tougher. It’s really first 27 Navy SEALs from underwater teachers and other school staff over the demolition teams. During the war, tough. You don’t make it if you don’t have endurance,’’ said Dearmon. ‘‘Basic under- years. She also served as the lunch- John was in command of a 45-foot water demolition training . . . that’s the room manager. This included cooking intercoastal patrol boat that navigated hard part, getting through that.’’ ‘‘Basic as well as running the cafeteria, keep- the harbor and coast of Guam in the training lasts 16 weeks, and there are six ing payroll records and processing the Western Pacific. weeks in underwater swimming school.’’ free lunch forms. SEAL training for John consisted of ‘‘Did you ever think about quitting?’’ In addition, Jenny was an avid volun- ‘‘No! Absolutely not! I’m an old Kentucky teer within the school. Jenny was a 16 weeks of basic training, with 6 weeks farm boy. I’m gung ho. I never thought about of underwater swimming school. In ad- quitting.’’ member of the PTO and rarely missed dition, John recalls parachuting from ‘‘Were you ever scared?’’ a meeting. The value and importance 30,000 feet during jump school—his ‘‘Well, I really don’t know how to answer of school involvement to Jenny was ir- team was capable of jumping from up that. I was anxious a few times.’’ replaceable, a tradition that is still to 43,000 feet but he never had to jump Dearmon was in command of a 45-foot very much alive within her today— intercoastal patrol boat, patrolling the har- Jenny still volunteers every year at from that altitude. bor and intercoastal areas around Guam in John is very proud of his service to the western Pacific. The boat carried eight Colony Elementary’s annual Thanks- his country and claims the Navy made depth charges, anti-submarine warfare weap- giving celebration by assisting in the him tough. Being a Navy SEAL in- ons intended to destroy or cripple a target lunchroom preparation of the tradi- stilled in John the courage to feel like submarine by the shock of exploding near it. tional turkey and stuffing meals. ‘‘We dropped depth charges,’’ recalled Jenny passionately served the children he can accomplish anything, a trait he Dearmon. ‘‘I never knowingly got results, takes great pride in. John’s formal edu- and staff of Colony Elementary for al- but more than likely we did (get results),’’ most four decades before she retired in cation ended after he finished the 8th he mused. Dearmon was quick to point out grade, however, he believes he received that he never engaged in hand-to-hand com- 1997. a real education about how to succeed bat as did the SEALs who killed Bin Laden. Ms. Jenny Bowling’s lifetime com- in life from the Navy. Dearmon parachuted from 30,000 feet. ‘‘We mitment to serving Colony Elementary could jump from up to 43,000 feet, but I never with smiles and home-style meals is John W. Dearmon is a true American jumped that high.’’ Dearmon pointed out truly admirable and an inspiration to hero and patriot who is an inspiration that equipment available to his first unit of the citizens of our great Common- to the great people of Kentucky. In SEALs is ‘‘like a caveman’’ to what they wealth. The Laurel County Sentinel fact, when asked if he ever thought have today. ‘‘The electronic equipment, it’s Echo published an article highlighting about quitting during his arduous as- so advanced.’’ ‘‘You’re still tough,’’ a reporter suggested and thanking Jenny for her service to signment, he responded, ‘‘No! Abso- the people of Kentucky. I ask unani- lutely not! I’m an old Kentucky farm to the young-looking 87-year-old. ‘‘I still think I’m tough . . . at least for a mous consent that the full article be boy. I’m gung-ho. I never thought little while,’’ he grinned. Despite his age, printed in the RECORD. about quitting.’’ Dearmon said he is in relatively good health There being no objection, the mate- John devoted his life to protecting and ‘‘. . . I can take care of myself.’’ rial was ordered to be printed in the the liberty and freedom our great coun- His wife, the former Margaret Louise Bray, RECORD, as follows: died July 21. They were married 57 years. ‘‘I try was founded upon, and I commend [From the Laurel County Sentinel Echo, was devastated (when she died) but I’m get- 2011] him for his bravery and honor. The Pu- ting so I can get along. I’m able to get laski County Commonwealth Journal around.’’ HOMESTYLE TRADITIONS: JENNY BOWLING recently published an article to honor He goes out for coffee with a group of KEEPS CAFETERIA RECIPES ALIVE IN HER John’s life and accomplishments. I ask friends every Thursday morning. It was a KITCHEN AT HOME unanimous consent that the full article friend, Jim Cundiff, who called the Common- (By Magen McCrarey) be printed in the RECORD. wealth Journal and asked: ‘‘Do you know In May 1959, Jenny Bowling pulled a that one of the original Navy SEALs lives in hairnet over her soft locks to prepare for 38 There being no objection, the mate- Pulaski County?’’ years working within school cafeterias. rial was ordered to be printed in the The suggestion led to a meeting with ‘‘At the time we peeled our own potatoes,’’ RECORD, as follows: Dearmon and a story appropriate for the Bowling recalled.

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.082 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6323 Today, she observes that lunch is just not Naval Special Warfare Group Two. present day. More recently, the ROC on made like it used to be with instant boxed Caleb has been described by his com- Taiwan has emerged as one of the great potatoes, nutritional charts to follow and mander as a cherished teammate and a success stories of the past century—a new regulations. Bowling reminisced about gifted SEAL operator. This is certainly free market democracy that is a model the days she spent at Colony Elementary School with fellow cooks, Ada Clay and Thel- illustrated by the numerous awards for the entire region. ma Lincks, and soon after, Opal Nicholson and decorations he amassed during his I believe that it is especially appro- and Maggie Wilkerson, rolling out dough for short time in the service, including the priate to note this anniversary on the yeast rolls, mixing cornmeal and flour for Bronze Star with Valor, Purple Heart, Senate floor because of the unique and cornbread and putting their own personal Navy and Marine Corps Achievement important role that the U.S. Congress touch on recipes. Medal, Expert Rifle ribbon and Expert has played in supporting the U.S.-Tai- Working at Colony in western Laurel Pistol ribbon. Before deploying to Af- wan relationship, by virtue of the Tai- County was ideal for Bowling, being a short ghanistan this past March, Caleb had wan Relations Act. Unique among all distance away from her home while her three deployed to Iraq in 2009. of our international partnerships, the children were enrolled in classrooms just TRA established in law America’s com- down the hall from the lunchroom. Not only was Caleb a dedicated com- Over the years, Bowling became close to bat veteran, he was a loving husband, mitment to support the people of Tai- the school staff and to the teachers espe- father, and son. His father, Reverend wan as they seek a safe and secure cially. Her time was not always spent with Larry Nelson, remembers his son as a place in the world. her hands in the dough; she kept records of go-getter and a truly good person. His I am grateful for the opportunity to payroll, processed the free lunch forms and friends and neighbors tell a similar wish the people of Taiwan my con- ensured that the cafeteria ran smoothly in tale. Karen Wagner, Caleb’s neighbor, gratulations on this auspicious anni- her position as lunchroom manager. versary, and hope my colleagues will ‘‘People who weren’t in the lunchroom had remembers him as a wonderful kid who was always willing to help out, even if join me in celebrating a very special no idea the bookwork involved,’’ she said. National Day. Children at the school who could not afford it came down to mundane things such to pay for their lunch would be hired as help as cleaning out the gutters. f for the cafeteria, Bowling said, to help serve Caleb Nelson’s life came to a cruel NATIONAL DEFENSE food, and, on occasion, wash dishes in ex- end when his vehicle hit an improvised AUTHORIZATION ACT change for payment. explosive devise while his SEAL team Mr. MCCAIN. Mr. President, I rise to Bowling made only $25 a week to help with was conducting mounted combat recon- continue the discussion that I began the bills, while her husband, Oscar, was out naissance patrols. I pray that Caleb’s on the road driving a truck to help support Monday with the majority leader, Sen- family and friends find strength during the four. Her youngest son at the time, ator REID, on the need to bring the na- Larry, had not started school yet and so $10 this trying time and my condolences go tional defense authorization bill to the of her pay was handed to a babysitter. out to them. Caleb’s service and sac- floor of the Senate. Being involved with the school was very rifice, his heroism and selflessness will Since our colloquy Monday, Senator important to Bowling. As an avid PTO vol- remain an inspiration for all of us. REID has sent a letter to the chairman unteer and member, she rarely missed a f meeting. School involvement is still some- of the Armed Services Committee, Sen- thing she continues to value, even now that TAIWAN’S NATIONAL DAY ator CARL LEVIN, and me. I would like to have a copy of the letter printed in her children have graduated and have chil- Mr. JOHNSON of South Dakota. Mr. dren of their own. the RECORD. ‘‘My oldest, Charlotte, is 60 years old,’’ she President, I rise today to recognize In the letter, Senator REID lays out noted. Taiwan as it prepares to celebrate its his concerns about some of the de- Bowling continues to volunteer at Colony National Day on Monday. Double Ten tainee provisions that were included in Elementary’s annual Thanksgiving celebra- Day, as it is known, marks the anni- the Defense authorization bill as a re- tion. Bowling assists in the lunchroom prep- versary of the uprising on October 10, sult of a bipartisan compromise be- arations for the traditional turkey and stuff- 1911, that led to the collapse of impe- tween Chairman LEVIN, myself, and ing feast, although she’s still adjusting to rial rule in China. This year’s com- Senator GRAHAM, and cosponsored by a the new way of doing things which usually memoration takes on special meaning involves using up-to-date machines for mass large, bipartisan group of members of meal production. as Taiwan celebrates the 100th anniver- the Armed Services Committee. In ‘‘The equipment is so new and different,’’ sary of this historic day. fact, this compromise was so bipartisan she commented. Over the years, we have seen Taiwan that after extensive debate on many Instead of children dropping pocket change make a successful transition to democ- amendments and a number of votes and crumpled dollar bills for the lunchroom racy, holding elections and peacefully during markup by the committee using staff to count and pencil in, computers are transferring power. As we look back on the regular order of the Senate, the re- now used to calculate change and handle the achievements of the past century, payments. sulting package of detainee provisions we also look forward to a bright future was adopted and made part of the bill ‘‘The last year I was there they started for Taiwan. Taiwan is a valued ally of using computers,’’ Bowling said. She retired by an overwhelming vote of 25 to 1. in 1997. the United States. The United States Now, I understand that the White Even though the old homestyle recipes are has enjoyed a close friendship with Tai- House has some objections to these de- no longer prepared at the school’s cafeteria, wan for many years, and I will con- tainee provisions that were adopted by Bowling still keeps the recipes alive in her tinue working to strengthen this rela- the Armed Services Committee, and own kitchen. Every Sunday, Bowling cooks tionship. Senator REID has essentially endorsed for her family. I wish the people of Taiwan sincere the White House position. In doing so, ‘‘I love to cook if people like to eat.’’ congratulations and best wishes on the he is blocking the Defense authoriza- f 100th anniversary of their National tion bill from coming to the floor, Day. HONORING OUR ARMED FORCES using his authority as majority leader Mr. LIEBERMAN. Mr. President, I to control the business of the Senate. PETTY OFFICER 1ST CLASS CALEB A. NELSON rise to draw the attention of my col- As I said Monday, I do not think that Mr. NELSON of Nebraska. Mr. Presi- leagues to the approach of a very spe- opposition to this particular provision dent, I rise today to honor a true cial day in the history of our friend and outweighs the importance of this legis- American hero, PO Caleb Nelson of Ne- partner, the Republic of China—ROC— lation to our national security mission, braska, who was tragically killed on on Taiwan. On October 10, 1911—pre- our troops, and their families. I stated October 1, 2011, in Zabul Province, Af- cisely 100 years ago—the Republic of on the floor Monday that I would work ghanistan. China was founded, and since then has with Senator LEVIN and the adminis- Caleb graduated from Navy boot celebrated October 10 as its National tration to try to resolve their concerns camp 6 years ago to become a machin- Day. about the detainee provisions in the ist’s mate. However, he aspired to be Over the course of this century, the bill. I stand by that commitment. But the best-of-the-best and, in November Republic of China has been a firm for the record, I want to address some 2006, graduated from SEAL qualifica- friend of the United States—from of the issues raised by the majority tion training and became a member of World War II to the Cold War, up to the leader.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.039 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6324 CONGRESSIONAL RECORD — SENATE October 6, 2011 The majority leader quotes White rorist under civilian law enforcement definite detention in Section 1031, the re- House Deputy National Security Ad- standards. quirement for mandatory military custody viser John Brennan from a recent By insisting that law enforcement of terrorism suspects in Section 1032, and the stringent restrictions on transfer of detain- speech he made at Harvard saying, custody rather than military custody ees in Section 1033. As Deputy National Se- ‘‘Our counterterrorism professionals should apply, the administration has to curity Advisor John Brennan stated in a re- would be compelled to hold all terror- contend with the requirement to pro- cent speech: ists in military custody, casting aside vide Miranda warnings to criminal sus- [S]ome—including some legislative pro- our most effective and time-tested tool pects and the Federal rules that re- posals in Congress—are demanding that we for bringing suspected terrorists to jus- quire presentment before a Federal pursue a radically different strategy. Under tice—our federal courts.’’ magistrate within a short period of that approach, we would never be able to turn the page on Guantanamo. Our counter- This statement is simply and com- time after arrest, normally within 24 to terrorism professionals would be compelled pletely untrue. It is a total 48 hours, for a criminal suspect to be to hold all captured terrorists in military mischaracterization of section 1032 of informed of the charges against them custody, casting aside our most effective and the bill. and to be assigned a lawyer. time-tested tool for bringing suspected ter- The section of the bill dealing with I would also note that the detainee rorists to justice—our federal courts. . . . In military custody was extensively de- provision that Mr. Brennan and the sum, this approach would impose unprece- bated in committee and reflects the bi- majority leader now complain of con- dented restrictions on the ability of experi- partisan compromise reached on all the enced professionals to combat terrorism, in- tains a national security waiver that jecting legal and operational uncertainty detainee provisions. Section 1032 does can be exercised to transfer even mem- into what is already enormously complicated not extend to all terrorists. bers of al-Qaida or its affiliates into ci- work. It applies, as Chairman LEVIN made vilian law enforcement custody if that I share the concerns about these provi- clear in a public statement on Tuesday, is warranted by the circumstances and sions. I strongly believe that we must main- only to members of al-Qaida and its af- deemed the appropriate course of ac- tain the capability and flexibility to effec- filiates, like al-Qaida in the Arabian tion. tively apply the full range of tools at our dis- Peninsula which launched the Decem- posal to combat terrorism. This includes the I strongly believe the language use of our criminal justice system, which has ber 2009 attempt to bomb a civilian air- adopted by the Senate Armed Services accumulated an impressive record of success liner over Detroit and which subse- Committee is reasonable, fair, and in bringing terrorists to justice. Limitations quently attempted an attack on the most importantly constitutional. How- on that flexibility, or on the availability of United States by using parcel bombs ever, as I just stated, I will work with critical counterterrorism tools, would sig- this time last year. And it only applies Chairman LEVIN and the administra- nificantly threaten our national security. I have no doubt that you share my com- to members of al-Qaida and its affili- tion to remedy any deficiencies in the ates who are captured in a very narrow mitment to maintaining an effective language. However, I believe the ad- counterterrorism policy, and you have a set of circumstances: those captured ministration must now present to the strong record demonstrating that commit- attacking the United States or its coa- Senate and the Armed Services Com- ment. As important as the broader bill is to lition allies or attempting or planning mittee its specific concerns. Absent sustaining the strength of our Armed Forces, such an attack. this, I would hope the majority leader I hope we will be able to resolve these con- This narrow focus is far from Mr. would move to this important legisla- cerns quickly so that the legislation can be Brennan’s claim that military custody tion and let the Senate implement its passed expeditiously. To that end, I want to would be required for all terrorists. make my staff available to work with your prescribed duties. staff on possible solutions to these concerns. That is simply wrong. It grossly dis- I look forward to hearing from the Thank you for your outstanding leadership torts the scope of the provision. majority leader and the administration on the Armed Services Committee. I look The focus on al-Qaida and its affili- so that the Senate may move forward forward to working with you on this issue, ates was intentional. Al-Qaida is and on this vital and important legislation. and on maintaining the strength and superi- has been for the last 10 years the focus Mr. President, I ask unanimous con- ority of our national defense. Sincerely, of the Authorization for the Use of sent to have printed in the RECORD the HARRY REID. Military Force, AUMF, that Congress letter to which I referred. passed overwhelmingly after the at- There being no objection, the mate- f tack on our country on September 11, rial was ordered to be printed in the FOREIGN AID FUNDING 2001. We are at war with al-Qaida and RECORD, as follows: Mr. LEAHY. Mr. President, as chair- its affiliates. The President has said so U.S. SENATE, man of the Appropriations Sub- plainly. Washington, DC, October 4, 2011. committee on the Department of State In fact, it was just days ago that the Hon. CARL LEVIN, and Foreign Operations, I have strong- Obama administration used the fact Chairman, Senate Armed Services Committee, ly supported funding to protect U.S. in- that we are at war with al-Qaida to kill Washington, DC. terests around the world. Hon. JOHN MCCAIN, an American citizen, Anwar al-Awlaki, I am also fortunate to have Senator in Yemen. That was a decision I fully Ranking Member, Senate Armed Services Com- mittee, Washington, DC. LINDSEY GRAHAM as a ranking member, support. Awlaki had become a leading who, like Senators Judd Gregg and operational planner for what adminis- DEAR CHAIRMAN LEVIN AND RANKING MEM- BER MCCAIN: I am writing to follow up on our MITCH MCCONNELL before him, is a tration officials now regard as the conversations regarding the detainee provi- strong supporter of these programs. We branch of al-Qaida that poses the most sions (Sections 1031–1036) included in the recognize, as does the Pentagon, that significant threat to the United States. Armed Services Committee’s reported military power alone is not sufficient The inconsistency in Mr. Brennan’s version of the Fiscal Year 2012 National De- to protect our security. In fact, sending position and, to the extent he speaks fense Authorization Act. Americans into harm’s way should be for the White House, the administra- As a whole, I strongly support the legisla- tion your Committee has reported. Despite an absolute last resort. We also need to tion’s national security policy as a invest in international diplomacy and whole is that this administration as- the widely varying views of the members on your committee on many critical issues, you development. serts the right—correctly, in my view— have worked together to craft a bipartisan Foreign aid today is an oft-maligned to kill a member of al-Qaida or its af- bill that once again will ensure strong and term that is widely misunderstood. It filiates through use of military force sustained support for the men and women is viewed by many as a form of charity but would deny that the same indi- that sacrifice so much in defense of our na- or a luxury we can do without, or as a vidual should be held in military cus- tion. sizable part of the Federal budget. It is tody if captured. Instead, following Mr. However, as you know, I do not intend to none of those things. Brennan’s point of view, if we capture bring this bill to the floor until concerns re- This is not a Democrat or Republican an al-Qaida terrorist in the very act of garding the bill’s detainee provisions are re- solved. The Obama Administration and sev- issue. It is about whether the United carrying out an attack on our home- eral of our Senate colleagues have expressed States is going to remain the global land or U.S. interests elsewhere, we serious concerns about the implications of leader it has been since World War should revert to law enforcement the detainee provisions included in the legis- Two. Three weeks ago, President methods and hold that al-Qaida ter- lation, particularly the authorization of in- George W. Bush said:

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.005 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6325 One of the lessons of September 11th . . . is na’s is growing. It is the same story ev- American people deserve to be told that what happens overseas matters here at erywhere. that slashing, disproportionate cuts to home We face an enemy that can only re- There is simply no substitute for U.S. these programs would have no appre- cruit when they find hopeless people, and global leadership. The world is chang- ciable impact on the deficit, and it there is nothing more hopeless to a child who loses a mom or dad to AIDS to watch ing, and we cannot afford to retrench would end up costing our country far the wealthy nations of the world sit back or to succumb to isolationism. Funding more in the future. and do nothing. that enables us to engage with our al- f lies, competitors, and adversaries, Former Secretary of State 2011 DAVIDSON INSTITUTE while an easy political target, helps us Condoleezza Rice was equally blunt FELLOWS about the stakes involved. She said: to meet growing threats to our strug- gling economy and our national secu- Mr. GRASSLEY. Mr. President, We don’t have an option to retire, to take today, I have the great honor and a sabbatical from leadership in the inter- rity. national community and the world. If we do, I strongly support this budget and pleasure to recognize this year’s Fel- one of 2 things will happen. There will be have fought to protect it for years. I lows for the Davidson Institute for Tal- chaos, because without leadership there will also know there are competing needs ent Development. This year, 18 young be chaos in the international community, and that we have to eliminate waste. people under the age of 18 have been and that is dangerous. But it’s quite pos- We need to support what works, and awarded scholarships of $50,000, $25,000, sible, that if we don’t lead, somebody else stop funding what does not. Too often, or $10,000 for having demonstrated su- will. And perhaps it will be someone who government bureaucracies continue perior ability and achievement and does not share our values of compassion, the having completed a significant piece of rights of the individual, of liberty, and free- funding programs that fail, and that needs to stop. Billions of dollars pro- work in the areas of science, music, lit- dom. erature, mathematics, or technology. I I could not agree more, and I hope vided to high priced contractors and consultants for poorly conceived, wild- would like to take this time to intro- other Senators appreciate what is at duce each of these scholars and the stake. Just as past generations rallied ly extravagant, unsustainable efforts to rebuild Iraq and Afghanistan have various projects they have undertaken. to meet the formidable challenges of In the area of science, we have eight been wasted or stolen. This has further the Great Depression, the Nazis, and young students with remarkable damaged the public’s opinion of foreign the Cold War, we will bear responsi- projects that have contributed to sci- bility if we fail to meet the challenges aid. entific progress. Among this group of The bill that I and Senator GRAHAM of today. scholars is Shalini Ramanan. A 17- recommended to the Appropriations The budget for diplomacy and devel- year-old young woman from Richland, Committee on September 21 and that opment includes funding for our embas- WA, Shalini Ramanan worked with a sies and consulates that assist the mil- was reported by a bipartisan vote of 28– natural dietary component of the spice lions of Americans who travel, study, 2 is $6 billion below the President’s turmeric called BC to test its effective- work and serve overseas. budget request. It scales back most De- ness in treating cardiovascular dis- It pays our contributions to U.N. partment of State and U.S. Agency for eases. Through cell migration assays peacekeeping missions that do not re- International Development operations and western blot techniques, she dis- quire the costly deployment of U.S. and programs and will force them to covered that BC inhibited platelet-de- troops, UNICEF, the World Health Or- significantly curtail planned expendi- rived growth factor (PDGF)-induced ganization, the International Atomic tures. vascular smooth muscle cell migration Energy Agency, the operations of our But the House bill cuts far deeper, and signaling. Using bioinformatics, NATO security pact, aid for refugees and these are the cuts that President she identified target genes connected who have fled wars or natural disas- Bush and Secretary Rice warned about. with signaling pathways. PDGF-stimu- ters, and to prevent the spread of There are unmistakable signs that our lated cell-migration and proliferation AIDS, the Asian Flu, and other con- global influence is already eroding. It are key pathological events in a vari- tagious diseases that threaten Ameri- is not preordained that the United ety of diseases including athero- cans and people everywhere. States will remain the world’s domi- sclerosis and cancer. Her studies may There are many other programs that nant power. As former Secretary Rice help design and characterize novel drug promote U.S. exports, support demo- said, ‘‘if we don’t lead, somebody else molecules with clinical applications. cratic elections, combat poverty, and will.’’ A 17-year-old young man from help build alliances with countries I doubt there is a single Member of Mahopac, NY, Jayanth Krishnan devel- whose support we need in countering Congress who, if asked, would say they oped an approach to infer regulatory terrorism, thwart drug trafficking, pro- don’t care if the United States becomes mechanisms governing changes in gene tect the environment, and stop cross- a second or third rate power. They ex- expression and identified possible pro- border crime. pect the United States to lead, to build teins that induce cancer. By creating a We do this and a lot more with less alliances, to help American companies web interface that could predict tran- than 1 percent of the Federal budget, compete successfully, and to protect scription factors for dis-regulated yet it is a crucial investment in our na- the interests and security of its citi- genes, and mathematical models using tional security. zens. MATLAB, he was able to predict pro- It also is no wonder that other coun- You can’t have it both ways. You teins that are correlated with certain tries—our allies and our competitors— can’t expect others to follow if you cancer families. Using this informa- are spending more each year to project can’t lead, and you can’t lead if you tion, he calculated several combina- their influence around the world, and don’t pay your way. This budget is a tions of drugs, for 60 different cancers, to compete in the global marketplace. fraction of the Federal budget, yet it is that have the potential to counteract Great Britain’s conservative govern- a far cry from what this country should the inducing agents and better guide ment is on a path to increase its inter- be investing. therapeutics. national development assistance to .7 We need to wake up, to stop acting Lucy Wang, a 17-year-old young percent of its national budget, com- like these investments don’t matter, woman from Garnet Valley, PA, devel- pared to .2 percent for the United that the State Department isn’t impor- oped a predictive model to detect ado- States. Yet the Republican majority in tant, that the United Nations isn’t im- lescent depression with an overall cor- the House of Representatives proposes portant, that what happens in Brazil, rect classification of 83.66 percent. Un- to slash funding for these programs to Russia, the Philippines, Somalia, or treated depression is the No. 1 cause of pre-2008 levels. other countries doesn’t matter, and suicide and the third leading cause of Our leadership is being challenged that global threats to the environment, death among teenagers. Using factor unlike at any time since the Cold War. public health and safety will somehow analysis and logistic regression, she fo- In Latin America, which is a larger be solved by others. cused on quantifying variables that market for U.S. exports than any other Our budget for foreign operations al- may lead to adolescent depression, in- region except the European Union, our ready has gone through deep budget cluding student self-reported experi- market share is shrinking while Chi- cuts, with more to come. But the ences and demographics. Lucy’s model

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.020 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6326 CONGRESSIONAL RECORD — SENATE October 6, 2011 will offer a robust instrument for 22 minutes. With Marian’s method, two for proving the nonexistence of odd school psychologists to evaluate the high-sensitivity, non-contact micro- perfect numbers and could contribute risk of future depression. phones are swept above buried land- to data encryption technology. A 17-year-old young man from Hous- mines that resonate in response to a Two remarkable young people re- ton, TX, Sunil Pai constructed an inex- remote seismic source. The recorded ceived awards for their technology pensive, nanotechnology-based system sound is noise-cancelled in real-time, projects. A 16-year-old young man from to determine quantum energies of creating a characteristic, audible null Columbia, SC, Arjun Aggarwal created superoxide. By examining oxygen in in the noise-cancelled waveform that GNut-III, an anthropometric inter- the liquid phase instead of the gas isolates the mine’s location. This effi- active robot with vision, intelligence phase, his potentiostat system can de- cient and inexpensive method could and speech. He found the lack of an termine the quantum structure for the make important contributions to hu- economically efficient and functional electron attachment reaction of oxy- manitarian demining. human robot has prohibited research- gen to superoxide. The determination Raja Selvakumar, a 15-year-old ers from continuing to expand the field of oxygen’s physical properties is es- young man from Alpharetta, GA, devel- of robotics. To counter this, the GNut- sential to fully understanding the role oped the gastro microbial fuel cell, III is economically efficient and func- oxygen and many free radicals have in GMFC. Based on the microbial fuel tional for testing robotic algorithms. cell processes. This experimentation cell, the GMFC generates electricity In addition to the GNut-III, Arjun has method may establish other molecular using gastrobacteria, to be used to outlined a scattered open source com- properties that will offer new insights power capsular nanobots. Current lith- munity to work on a standardized plat- into biological and environmental ium ion batteries in biomedical cap- form that could transform robotics in processes. sular nanobots are not able to sustain the same way it has transformed com- Caleb Kumar, a 15-year-old young power for long periods of time; the puting. man from Blaine, MN, developed an al- GMFC has the potential to solve this A 16-year-old young woman from gorithm that automates the diagnosis problem. The GMFC-powered capsular Rochester, MN, Cheenar Banerjee de- of bladder cancer. Bladder cancer is on nanobot can play an important role in veloped a method for emotion detec- tion by computers. It remains a chal- the rise with more than 71,000 new treating gastrointestinal diseases lenge for computers to recognize and cases in 2009. By first identifying indic- through intracellular diagnosis and respond correctly to the emotional ative bladder cancer cellular character- surgery. states of an interactive user. After re- istics, Caleb programmed In the area of mathematics, there are moving some facial detail by con- morphometric algorithms to quan- three young people who I would like to verting facial images to black-and- titatively examine the bladder cell im- recognize at this time. Matthew white sketches, Cheenar used fractal ages, and then engineered a Java neu- Bauerle, a 16-year-old young man from analyses to differentiate among emo- ral network that differentiates can- Fenton, MI, outlined how the Newton tions using the fractal dimensions. cerous cells from normal cells based on direction can be computed by solving a This process has the potential to be weighted linear least squares problem. shape, color and curvature. Caleb’s simpler, cheaper and more effective When fitting a model to data, such as a software is accurate, quick and inex- than current techniques of emotion de- line to a set of points, the least squares pensive compared to current methods, tection by computers. and has the potential to provide faster, method is currently the most popular In the area of music, I would like to cheaper and more precise diagnoses of technique. Matthew’s work focused on recognize three more scholars. A 14- cytological diseases. minimizing the L1 norm of the error year-old young woman from Seattle, A 17-year-old young man from which is the sum of the absolute values WA, Simone Porter, in her violin port- Bloomfield Hills, MI, Siddhartha Jena of the individual errors. Matthew’s folio, Performance as Soundtrack of demonstrated that the immediate ef- work has potential in the medical im- Process and Identity, examines the fect of elevated cholesterol is dysfunc- aging and scanning fields, as well as fa- progression of performance prepara- tion of active water, oxygen, and car- cial recognition and fluid dynamics tion, from the development of tech- bon dioxide transport by the red blood simulations. nique and interpretation, to the emer- cells. Using a spectrofluorometer and A 16-year-old young woman from Car- gence of a professional identity. This Zeta Sizer, he showed that exposure of mel, IN, Rebecca Chen studied a gener- process led her to comprehend the red blood cells to two compounds: alized version of the Yang-Baxter equa- transformative, inspirational and tran- ONO–RS–082 and glyburide, results in tion. The Yang-Baxter equation pro- scendent potency music possesses. an amelioration of cholesterol’s detri- vides a systematic method for discov- Through performance, Simone believes mental effects. Results from his work ering braid group representations, im- music has the potential to aid our soci- broaden the understanding of one of portant in topology and quantum infor- ety, and help achieve a kinder, more the most significant health risks facing mation science. Using algebraic com- tolerant attitude toward ourselves and our society, and the possible mecha- putations and computer numerical our natural environment. Simone was nism for its future treatment and man- checking, she classified three families a featured performer on PBS’ ‘‘From agement. of 8x8 matrix solutions to the general- the Top at Carnegie Hall.’’ Benjamin Clark, a 15-year-old young ized Yang-Baxter equation. These solu- A 16-year-old young woman from man from Lancaster, PA, determined tions provide a way to generate braid- Gates Mills, OH, Arianna Ko¨ rting, in the frequency at which M stars form ing quantum gates needed in quantum her portfolio, Celebration of Life close binary star systems using computing, and contribute to the ongo- through the Piano, showcased Haydn, spectroscopic data from over 39,000 M ing effort to build a large-scale quan- Ginastera and Liszt. Through the dwarf stars. Using the Sloan Digital tum computer, bringing advances in piano, she hopes to bring audiences Sky Survey, SDSS, Benjamin designed fields as far ranging as materials into the lives of the great composers to a methodology to use the extremely sciences and cryptography. experience their humor, tenderness and large, but low resolution and signal-to- Anirudh Prabhu, a 16-year-old young brilliance. She believes music has the noise ratio database, to calculate the man from West Lafayette, IN, estab- power to transform space and time be- close binary fraction. Star formation lished the first nontrivial analytic cause it has been a constant presence has long been an open question in as- lower bounds for odd perfect numbers. even through the most difficult mo- trophysics and this data can be used to The search for odd perfect numbers is ments in history. Arianna has been fea- test theories of how this process oc- one of the oldest unsolved problems in tured on NPR’s ‘‘From the Top,’’ and curs. mathematics. Many upper bounds for started The Animato Project, an inter- A 16-year-old young woman from odd perfect numbers are established, active program of classical music for Lancaster, PA, Marian Bechtel de- however, no nontrivial analytic lower elementary school children. signed a seismo-acoustic method for bounds had been reported prior to Reylon Yount, a 16-year-old young detecting landmines. Approximately 70 Anirudh’s work. By narrowing the gap man from San Francisco, CA, created a million landmines plague 80 countries between analytic upper and lower yangqin, or Chinese hammered dul- worldwide, claiming one victim every bounds, his work suggests an approach cimer, portfolio that has contributed

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6327 to the preservation of Chinese music, ing Paul Mills, the grandson of the 1081 Elbel Road in Schertz, Texas, as the to the introduction of Chinese music to founder, who joined the firm in 1977 ‘‘Schertz Veterans Post Office’’. people in the United States, and to the and is now a senior attorney. H.R. 1632. An act to designate the facility overall interconnection of the music On August 26, 150 members of the of the United States Postal Service located Farmington community gathered at at 5014 Gary Avenue in Lubbock, Texas, as world. His work attempts to take peo- the ‘‘Sergeant Chris Davis Post Office’’. ple past the conventional shapes and the law office to celebrate its 100th an- forms of Western music, helping them niversary. The date was selected be- f appreciate the universality of art. He cause it marked what would have been MEASURES REFERRED the 100th birthday of Peter Mills, Sum- hopes that such cross-cultural music The following bill was read the first ner’s son and longtime attorney at will build a deeper connection between and the second times by unanimous Mills and Mills. Attendees reminisced the East and West, and inspire people consent, and referred as indicated: to love all music. about the law firm’s storied history, H.R. 1343. An act to return unused or re- And finally, I would like to introduce and the event provided an opportunity to look forward to the office’s future of claimed funds made available for broadband Bonnie Nortz, a 17-year old young awards in the American Recovery and Rein- woman with superior achievement in helping the residents of western Maine. vestment Act of 2009 to the Treasury of the the area of literature. Bonnie’s port- Today, I also recognize the long- United States; to the Committee on Com- folio, Run and Run and Run, explores standing commitment and vast con- merce, Science, and Transportation. tributions of the Mills family to public relationships, identity, materialism, f oppression and emotion, and covers service in the State of Maine. Peter, topics as broad as tourism, grammar, who joined Mills and Mills in 1940, was MEASURES PLACED ON THE dreams, cartography, winter and even a member of the Maine House of Rep- CALENDAR pre-calculus. Her goal was to find the resentatives for three terms, as well as The following bill was read the sec- extraordinary in the mundane, the the State senate for two terms. He also ond time, and placed on the calendar: served as a municipal court judge, and pure in the imperfect, and to describe S. 1660. A bill to provide tax relief for that moment of awakening when ev- was later U.S. attorney for Maine for 16 American workers and businesses, to put erything is just the way it should be. years under three Presidents. His fa- workers back on the job while rebuilding and Bonnie hopes to teach others how to go ther had been a State legislator in modernizing America, and to provide path- through life with an everlasting energy Hancock County before moving to ways back to work for Americans looking for Farmington. jobs. and curiosity and to appreciate the Many of Peter’s children have gone fantastic emotional and intellectual f on to follow in their father’s and complexity that comprises our human grandfather’s footsteps. Janet Mills EXECUTIVE AND OTHER existence. served in the Maine House of Rep- COMMUNICATIONS I have long said that America’s gifted resentatives, and later became our The following communications were and talented students possess remark- State’s first female attorney general. laid before the Senate, together with able potential for our great Nation. Peter Mills III, a former State senator accompanying papers, reports, and doc- These 18 young individuals have dem- from Somerset County and twice a can- uments, and were referred as indicated: onstrated more than potential. They didate for Governor, now serves as ex- have already made significant con- EC–3438. A communication from the Assist- ecutive director of the Maine Turnpike ant Secretary, Bureau of Legislative Affairs, tributions to their fields and our soci- Authority. And Doctor Dora Anne Department of State, transmitting, pursuant ety in their short lives and one can Mills is the former director of the to the Arms Export Control Act, the certifi- scarcely begin to imagine how much Maine Center for Disease Control and cation of a proposed amendment to a tech- they will contribute to their fields and Prevention. nical assistance license agreement for the society in the years to come, thanks in Three generations of the Mills family export of defense articles, including, tech- no small part to the encouragement of have worked tirelessly to serve the nical data, and defense services to Norway and Canada for the service life extension of the Davidson Institute as well as their, community in Franklin County and family, friends, and mentors. These the P-3 aircraft in the amount of $100,000,000 throughout western Maine. With a pas- or more; to the Committee on Foreign Rela- young men and women are an inspira- sion for the law and a dedication to tions. tion and a reminder that if we fully public service, the Mills family has left EC–3439. A communication from the Assist- support our most talented young peo- an indelible mark on Maine history. ant Secretary, Bureau of Legislative Affairs, ple, we can look forward to a bright fu- Mills and Mills remains a tribute to Department of State, transmitting, pursuant ture. the critical work begun 100 years ago to the Arms Export Control Act, the certifi- f by Sumner Mills. I thank the entire cation of a proposed amendment to a tech- nical assistance agreement for the export of ADDITIONAL STATEMENTS Mills family for all of their efforts, and defense articles, including, technical data, wish them and everyone at Mills and and defense services to Japan for the export Mills success in their future endeav- and assembly of the Vertical Launch ASROC RECOGNIZING MILLS AND MILLS ors.∑ (Anti-Submarine Rocket) (VLA) system in LAW OFFICE f the amount of $100,000,000 or more; to the ∑ Committee on Foreign Relations. Ms. SNOWE. Mr. President, today I MESSAGE FROM THE HOUSE EC–3440. A communication from the Assist- recognize Mills and Mills Law Office, a At 10:09 a.m., a message from the ant Secretary, Bureau of Legislative Affairs, small family-owned law firm that has House of Representatives, delivered by Department of State, transmitting, pursuant provided vital legal services to the peo- to the Arms Export Control Act, the certifi- Mrs. Cole, one of its reading clerks, an- ple of western Maine for 100 years. cation of a proposed amendment to a manu- nounced that the House has passed the The Mills family name has long been facturing license agreement to include the following bill, in which it requests the synonymous with the Farmington export of defense articles, including, tech- concurrence of the Senate: area. Sumner Mills began a small law nical data, and defense services to the United H.R. 1343. An act to return unused or re- Kingdom for manufacture, assembly, modi- firm there in May of 1911, after moving claimed funds made available for broadband fication, integration, repair and overhaul of his family from the coastal town of awards in the American Recovery and Rein- Vertical Gyros, Rate Gyros, Attitude Head- Stonington, where he had previously vestment Act of 2009 to the Treasury of the ing Reference Systems, Compass Systems, opened a small law practice in 1904. United States. Azimuth Gyros and Attitude Indicators; to Throughout the years, Mills and Mills ENROLLED BILLS SIGNED the Committee on Foreign Relations. has offered its customers a wide range The President pro tempore (Mr. EC–3441. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, of legal services, and at present pri- INOUYE) announced that on today, Oc- marily focuses on estate planning, Department of State, transmitting, pursuant tober 6, 2011, he had signed the fol- to the Arms Export Control Act, the certifi- business issues, and real estate. The lowing enrolled bills, previously signed cation of a proposed amendment to a manu- company has previously offered fire by the Speaker of the House: facturing license agreement to include the and casualty insurance. The firm cur- H.R. 771. An act to designate the facility of export of defense articles, including, tech- rently has nine staff members, includ- the United States Postal Service located at nical data, and defense services to Australia

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE October 6, 2011 to support the manufacture and sale of am- GE38 engine Low Pressure Turbine Stage 3 in the Office of the President of the Senate munition and ammunition components to Blade in support of the United States Gov- on September 28, 2011; to the Committee on domestic law enforcement and government ernment CH-53K Heavy Lift Helicopter pro- Health, Education, Labor, and Pensions. agency customers in the approved sales ter- gram; to the Committee on Foreign Rela- EC–3457. A communication from the Spe- ritory in the amount of $50,000,000 or more; tions. cial Master, Civil Division, Office of Depart- to the Committee on Foreign Relations. EC–3449. A communication from the Assist- ment of Justice, transmitting, pursuant to EC–3442. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, law, the report of a rule entitled ‘‘James ant Secretary, Bureau of Legislative Affairs, Department of State, transmitting, pursuant Zadroga 9/11 Health and Compensation Act of Department of State, transmitting, pursuant to the Arms Export Control Act, the certifi- 2010’’ (RIN1105–AB39) received during ad- to the Arms Export Control Act, the certifi- cation of a proposed license for the manufac- journment of the Senate in the Office of the cation of a proposed license for the export of ture of significant military equipment President of the Senate September 29, 2011; defense articles that are controlled under abroad and the export of defense articles, in- to the Committee on Health, Education, Category I of the United States Munitions cluding technical data, and defense services Labor, and Pensions. List sold commercially under a contract in to Italy related to the manufacture of a EC–3458. A communication from the Chair- the amount of $1,000,000 or more to Mexico; Multimode Receiver (MMR); to the Com- man of the National Health Care Workforce to the Committee on Foreign Relations. mittee on Foreign Relations. Commission, transmitting, pursuant to law, EC–3443. A communication from the Assist- EC–3450. A communication from the Assist- a report relative to the commission’s various ant Secretary, Bureau of Legislative Affairs, ant Secretary, Legislative Affairs, Depart- charges; to the Committee on Health, Edu- Department of State, transmitting, pursuant ment of State, transmitting, pursuant to cation, Labor, and Pensions. to the Arms Export Control Act, the certifi- law, a report entitled ‘‘Certification to Per- EC–3459. A communication from the Sec- cation of a proposed amendment to a manu- mit U.S. Contribution of Fiscal Year 2010 retary of Health and Human Services, trans- facturing license agreement for the manufac- Funds to the International Fund for Ire- mitting, pursuant to law, a report relative to ture of significant military equipment land’’; to the Committee on Foreign Rela- the Sentinel Initiative launched in May 2008; abroad and the export of defense articles or tions. to the Committee on Health, Education, defense services to Russia for the RD-180 Liq- EC–3451. A communication from the Assist- Labor, and Pensions. uid Propellant Rocket Engine Program in ant Legal Adviser for Treaty Affairs, Depart- EC–3460. A communication from the Sec- the amount of $50,000,000 or more; to the ment of State, transmitting, pursuant to the retary of Labor, transmitting, pursuant to Committee on Foreign Relations. Case-Zablocki Act, 1 U.S.C. 112b, as amended, law, a report entitled ‘‘List of Goods Pro- EC–3444. A communication from the Assist- the report of the texts and background state- duced by Child Labor or Forced Labor’’; to ant Secretary, Bureau of Legislative Affairs, ments of international agreements, other the Committee on Health, Education, Labor, Department of State, transmitting, pursuant than treaties (List 2011–0145—2011–0160); to and Pensions. EC–3461. A communication from the Sec- to the Arms Export Control Act, the certifi- the Committee on Foreign Relations. retary of Labor, transmitting, pursuant to cation of a proposed technical assistance EC–3452. A communication from the Assist- law, a report entitled ‘‘The Department of agreement for the export of defense articles, ant Secretary, Bureau of Legislative Affairs, Labor’s 2010 Findings on the Worst Forms of including, technical data, and defense serv- Department of State, transmitting, pursuant Child Labor’’; to the Committee on Health, ices to Germany, France, Spain, the United to the Arms Export Control Act, the certifi- Education, Labor, and Pensions. Kingdom, Belgium and Turkey for the de- cation of a proposed manufacturing license EC–3462. A communication from the Pro- sign, integration, and testing of the Video agreement for the manufacture of significant gram Manager, Office of the Secretary, De- Distribution and Processing System for use military equipment abroad involving the ex- partment of Health and Human Services, on the A400M Aircraft in the amount of port of defense articles, including technical transmitting, pursuant to law, the report of $50,000,000 or more; to the Committee on For- data, and defense services to the Republic of a rule entitled ‘‘Regulations for the Enforce- eign Relations. South Korea for the manufacture of the AN/ ment of Federal Health Care Provider Con- EC–3445. A communication from the Assist- APX–113 Combined Interrogator Transponder science Protection Laws’’ (RIN0991–AB76) re- ant Secretary, Bureau of Legislative Affairs, (CIT) for end use by the Republic of Korea ceived in the Office of the President of the Department of State, transmitting, pursuant Air Force on their F–16 aircraft; to the Com- Senate on September 26, 2011; to the Com- to the Arms Export Control Act, the certifi- mittee on Foreign Relations. mittee on Health, Education, Labor, and cation of a proposed technical assistance EC–3453. A communication from the Acting Pensions. agreement for the export of defense articles, Assistant Secretary, Bureau of Legislative EC–3463. A communication from the Assist- including, technical data, or defense services Affairs, Department of State, transmitting, ant Secretary for the Employment and sold commercially under contract to Thai- pursuant to the Arms Export Control Act, Training Administration, Department of land and Spain to support the design, manu- the certification of a proposed license for the Labor, transmitting, pursuant to law, the re- facturing and delivery phases of the manufacture of significant military equip- port of a rule entitled ‘‘Wage Methodology Thaicom-6 Commercial Communications ment abroad and the export of defense arti- for the Temporary Non-Agricultural Em- Satellite Program in the amount of cles, including technical data, and defense ployment H–2B Program; Postponement of $50,000,000 or more; to the Committee on For- services for the manufacture in Mexico of Effective Date’’ (RIN1205–AB61) received in eign Relations. the Common Range Integrated Instrumenta- the Office of the President of the Senate on EC–3446. A communication from the Assist- tion System for end use by the Government October 4, 2011; to the Committee on Health, ant Secretary, Bureau of Legislative Affairs, of the United States; to the Committee on Education, Labor, and Pensions. Department of State, transmitting, pursuant Foreign Relations. EC–3464. A communication from the Chair- to the Arms Export Control Act, the certifi- EC–3454. A communication from the Assist- man of the National Council on Disability, cation of a proposed technical assistance ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the Council’s agreement for the export of defense articles, Department of State, transmitting, pursuant five-year strategic plan for fiscal years 2012– including, technical data, and defense serv- to law, a report relative to the employment 2017; to the Committee on Health, Education, ices to India for the development, integra- of an adequate number of Americans during Labor, and Pensions. tion, certification, and testing of the GE 2010 by the United Nations; to the Com- EC–3465. A communication from the Direc- F414-INS6 engine with the Light Combat Air- mittee on Foreign Relations. tor of the Regulatory Management Division, craft in the amount of $50,000,000 or more; to EC–3455. A communication from the Assist- Environmental Protection Agency, transmit- the Committee on Foreign Relations. ant General Counsel for Regulatory Services, ting, pursuant to law, the report of a rule en- EC–3447. A communication from the Assist- Office of Special Education and Rehabilita- titled ‘‘Isopyrazam; Pesticide Tolerances’’ ant Secretary, Bureau of Legislative Affairs, tive Services, Department of Education, (FRL No. 8874–6) received in the Office of the Department of State, transmitting, pursuant transmitting, pursuant to law, the report of President of the Senate on October 4, 2011; to to the Arms Export Control Act, the certifi- a rule entitled ‘‘Early Intervention Program the Committee on Agriculture, Nutrition, cation of a proposed manufacturing license for Infants and Toddlers with Disabilities’’ and Forestry. agreement to include the export of defense (RIN1820–AB59) received during recess of the EC–3466. A communication from the Direc- articles, including, technical data, and de- Senate in the Office of the President of the tor of the Regulatory Management Division, fense services to South Korea for the manu- Senate on September 29, 2011; to the Com- Environmental Protection Agency, transmit- facture and assembly related to MK 45 Mod 4 mittee on Health, Education, Labor, and ting, pursuant to law, the report of a rule en- Naval Gun Mounts; to the Committee on Pensions. titled ‘‘Prothioconazole; Pesticide Toler- Foreign Relations. EC–3456. A communication from the Dep- ances’’ (FRL No. 8884–2) received in the Of- EC–3448. A communication from the Assist- uty Director for Policy, Legislative and Reg- fice of the President of the Senate on Octo- ant Secretary, Bureau of Legislative Affairs, ulatory Department, Pension Benefit Guar- ber 4, 2011; to the Committee on Agriculture, Department of State, transmitting, pursuant anty Corporation, transmitting, pursuant to Nutrition, and Forestry. to the Arms Export Control Act, the certifi- law, the report of a rule entitled ‘‘Allocation EC–3467. A communication from the Con- cation of a proposed license for the manufac- of Assets in Single-Employer Plans; Benefits gressional Review Coordinator, Animal and ture of significant military equipment Payable in Terminated Single-Employer Plant Health Inspection Service, Department abroad and the export of defense articles, in- Plans; Interest Assumptions for Valuing and of Agriculture, transmitting, pursuant to cluding technical data, or defense services to Paying Benefits’’ (29 CFR Parts 4022 and 4044) law, the report of a rule entitled ‘‘Tuber- Germany related to the manufacture of the received during of the Senate culosis in Cattle and Bison; State and Zone

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.019 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6329 Designations; New Mexico’’ (Docket No. tober 4, 2011; to the Committee on Environ- EC–3485. A communication from the Sec- APHIS–2011–0093) received in the Office of the ment and Public Works. retary of Health and Human Services, trans- President of the Senate on October 4, 2011; to EC–3476. A communication from the Direc- mitting, pursuant to law, a report entitled the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, ‘‘Approaches for Identifying, Collecting, and and Forestry. Environmental Protection Agency, transmit- Evaluating Data on Health Care Disparities EC–3468. A communication from the Con- ting, pursuant to law, the report of a rule en- in Medicaid and CHIP’’; to the Committee on gressional Review Coordinator, Animal and titled ‘‘Approval and Promulgation of Air Finance. Plant Health Inspection Service, Department Quality Implementation Plans; Common- EC–3486. A communication from the Senior of Agriculture, transmitting, pursuant to wealth of Virginia; Section 110(a)(2) Infra- Procurement Executive, Office of Govern- law, the report of a rule entitled ‘‘Tuber- structure Requirements for the 1997 8-Hour mentwide Policy, General Services Adminis- culosis in Cattle and Bison; State and Zone Ozone and the 1997 and 2006 Fine Particulate tration, transmitting, pursuant to law, the Designations; Minnesota’’ (Docket No. Matter National Ambient Air Quality Stand- report of a rule entitled ‘‘Federal Travel APHIS–2011–0100) received in the Office of the ards’’ (FRL No. 9477–6) received in the Office Regulation; Terms and Definitions for ‘De- President of the Senate on October 4, 2011; to of the President of the Senate on October 4, pendent’, ‘Domestic Partner’, ‘Domestic the Committee on Agriculture, Nutrition, 2011; to the Committee on Environment and Partnership’, and ‘Immediate Family’ ’’ and Forestry. Public Works. (RIN3090–AJ06) received during adjournment EC–3469. A communication from the Con- EC–3477. A communication from the Chief of the Senate in the Office of the President gressional Review Coordinator, Animal and of the Publications and Regulations Branch, of the Senate on September 30, 2011; to the Plant Health Inspection Service, Department Internal Revenue Service, Department of the Committee on Homeland Security and Gov- of Agriculture, transmitting, pursuant to Treasury, transmitting, pursuant to law, the ernmental Affairs. law, the report of a rule entitled ‘‘Gypsy report of a rule entitled ‘‘Procedures for Sec- EC–3487. A communication from the Chair- Moth Generally Infested Areas; Additions in tion 2053 Protective Claims for Refund’’ man of the Council of the District of Colum- Indiana, Maine, Ohio, Virginia, West Vir- (Rev. Proc. 2011–48) received in the Office of bia, transmitting, pursuant to law, a report ginia, and Wisconsin’’ (Docket No. APHIS– the President of the Senate on October 8, on D.C. Act 19–97 ‘‘Ward Redistricting 2010–0075) received during adjournment of the 2011; to the Committee on Finance. Amendment Act of 2011’’; to the Committee EC–3478. A communication from the Chief Senate in the Office of the President of the on Homeland Security and Governmental Af- of the Publications and Regulations Branch, Senate on September 29, 2011; to the Com- fairs. Internal Revenue Service, Department of the mittee on Agriculture, Nutrition, and For- EC–3488. A communication from the Chair- Treasury, transmitting, pursuant to law, the estry. man of the Council of the District of Colum- report of a rule entitled ‘‘Guidance on Elect- EC–3470. A communication from the Assist- bia, transmitting, pursuant to law, a report ant Secretary of Defense (Homeland Defense ing Portability of Deceased Spousal Unused Exclusion Amount’’ (Notice 2011–82) received on D.C. Act 19–154 ‘‘Income Tax Secured and Americas’ Security Affairs), transmit- Bond Authorization Act of 2011’’; to the Com- ting, pursuant to law, a report entitled in the Office of the President of the Senate on October 4, 2011; to the Committee on Fi- mittee on Homeland Security and Govern- ‘‘Combating Terrorism Activities Fiscal mental Affairs. Year 2012 Budget Estimates’’; to the Com- nance. EC–3479. A communication from the Chief EC–3489. A communication from the Chair, mittee on Armed Services. of the Publications and Regulations Branch, Office of General Counsel, Federal Election EC–3471. A communication from the Sec- Commission, transmitting, pursuant to law, retary of the Treasury, transmitting, pursu- Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the the report of a rule entitled ‘‘Interpretive ant to law, a six-month periodic report on Rule on When Certain Independent Expendi- the continuation of the national emergency report of a rule entitled ‘‘Per Diem Rate Substantiation Procedures’’ (Rev. Proc. 2011– tures are ‘Publicly Disseminated’ for Report- declared in Executive Order 13413 with re- 47) received in the Office of the President of ing Purposes’’ (Notice 2011–13) received dur- spect to blocking the property of persons the Senate on October 4, 2011; to the Com- ing adjournment of the Senate in the Office contributing to the conflict taking place in mittee on Finance. of the President of the Senate on September the Democratic Republic of the Congo; to the EC–3480. A communication from the Chief 30, 2011; to the Committee on Rules and Ad- Committee on Banking, Housing, and Urban of the Publications and Regulations Branch, ministration. Affairs. Internal Revenue Service, Department of the EC–3490. A communication from the Fed- EC–3472. A communication from the Dep- Treasury, transmitting, pursuant to law, the eral Register Liaison Officer, Patent and uty Assistant Secretary of Land and Min- report of a rule entitled ‘‘Deduction for Trademark Office, Department of Commerce, erals Management, Bureau of Ocean Energy Qualified Film and Television Production transmitting, pursuant to law, the report of Management, Regulation, and Enforcement, Costs’’ (RIN1545–BF94) received in the Office a rule entitled ‘‘Changes To Implement the Department of the Interior, transmitting, of the President of the Senate on October 4, Prioritized Examination Track (Track I) of pursuant to law, the report of a rule entitled 2011; to the Committee on Finance. the Enhanced Examination Timing Control ‘‘Reorganization of Title 30’’ (RIN1010–AD79) EC–3481. A communication from the Chief Procedures Under the Leahy-Smith America received in the Office of the President of the of the Publications and Regulations Branch, Invents Act’’ (RIN0651–AC62) received in the Senate on October 3, 2011; to the Committee Internal Revenue Service, Department of the Office of the President of the Senate on Sep- on Energy and Natural Resources. Treasury, transmitting, pursuant to law, the tember 23, 2011; to the Committee on the Ju- EC–3473. A communication from the Direc- report of a rule entitled ‘‘2011–2012 Special diciary. tor of the Regulatory Management Division, Per Diem Rates’’ (Notice No. 2011–81) re- EC–3491. A communication from the Fed- Environmental Protection Agency, transmit- ceived in the Office of the President of the eral Register Liaison Officer, Patent and ting, pursuant to law, the report of a rule en- Senate on October 4, 2011; to the Committee Trademark Office, Department of Commerce, titled ‘‘Approval and Promulgation of Imple- on Finance. transmitting, pursuant to law, the report of mentation Plans; North Carolina: Prevention EC–3482. A communication from the Chief a rule entitled ‘‘Revision of Standard for of Significant Deterioration; Greenhouse Gas of the Publications and Regulations Branch, Granting an Inter Partes Reexamination Re- Tailoring Rule Revision’’ (FRL No. 9476–5) Internal Revenue Service, Department of the quest’’ (RIN0651–AC61) received in the Office received in the Office of the President of the Treasury, transmitting, pursuant to law, the of the President of the Senate on September Senate on October 4, 2011; to the Committee report of a rule entitled ‘‘Fringe Benefits 23, 2011; to the Committee on the Judiciary. on Environment and Public Works. Aircraft Valuation Formula’’ (Rev. Rul. 2011– EC–3492. A communication from the Assist- EC–3474. A communication from the Direc- 21) received in the Office of the President of ant Attorney General, Office of Legislative tor of the Regulatory Management Division, the Senate on October 4, 2011; to the Com- Affairs, Department of Justice, transmit- Environmental Protection Agency, transmit- mittee on Finance. ting, pursuant to law, a report relative to ting, pursuant to law, the report of a rule en- EC–3483. A communication from the Chief the Department’s activities regarding civil titled ‘‘California: Final Authorization of of the Publications and Regulations Branch, rights era homicides; to the Committee on State Hazardous Waste Management Pro- Internal Revenue Service, Department of the the Judiciary. gram Revision’’ (FRL No. 9476–2) received in Treasury, transmitting, pursuant to law, the EC–3493. A communication from the Office the Office of the President of the Senate on report of a rule entitled ‘‘Nonaccrual-Experi- Chief, U.S. Coast Guard, Department of October 4, 2011; to the Committee on Envi- ence Method of Accounting Book Safe Har- Homeland Security, transmitting, pursuant ronment and Public Works. bor’’ (Rev. Proc. 2011–46) received in the Of- to law, the report of a rule entitled ‘‘Notice EC–3475. A communication from the Direc- fice of the President of the Senate on Octo- of Expired Temporary Rules Issued’’ (Docket tor of the Regulatory Management Division, ber 4, 2011; to the Committee on Finance. No. USCG–2011–0874) received in the Office of Environmental Protection Agency, transmit- EC–3484. A communication from the Chief the President of the Senate on October 5, ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, 2011; to the Committee on Commerce, titled ‘‘Approval and Promulgation of Air Internal Revenue Service, Department of the Science, and Transportation. Quality Implementation Plans; West Vir- Treasury, transmitting, pursuant to law, the ginia; Determination of Attainment and De- report of a rule entitled ‘‘Voluntary Classi- f termination of Clean Data for the Annual fication Settlement Program’’ (Rev. Proc. REPORTS OF COMMITTEES 1997 Fine Particle Standard for the Charles- 2011–64) received in the Office of the Presi- ton Area’’ (FRL No. 9477–5) received in the dent of the Senate on October 4, 2011; to the The following reports of committees Office of the President of the Senate on Oc- Committee on Finance. were submitted:

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.020 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE October 6, 2011 By Mr. INOUYE, from the Committee on (Nominations without an asterisk S. 1670. A bill to eliminate racial profiling Appropriations: were reported with the recommenda- by law enforcement, and for other purposes; Special Report entitled ‘‘Further Revised tion that they be confirmed.) to the Committee on the Judiciary. Allocation to Subcommittees of Budget To- By Mrs. HAGAN (for herself, Mr. tals for Fiscal Year 2012’’ (Rept. No. 112–87). f MCCAIN, Mrs. BOXER, Mr. BLUNT, Mr. f INTRODUCTION OF BILLS AND GRAHAM, Mr. ISAKSON, Ms. MUR- JOINT RESOLUTIONS KOWSKI, Mr. BROWN of Massachusetts, EXECUTIVE REPORTS OF and Mr. MANCHIN): COMMITTEES The following bills and joint resolu- S. 1671. A bill to amend the Internal Rev- The following executive reports of tions were introduced, read the first enue Code of 1986 to allow a temporary divi- nominations were submitted: and second times by unanimous con- dends received deduction for dividends re- sent, and referred as indicated: ceived from a controlled foreign corporation; By Mr. JOHNSON, of South Dakota, for to the Committee on Finance. By Mrs. MURRAY: the Committee on Banking, Housing, and By Mr. CONRAD (for himself and Mr. S. 1661. A bill to amend title V of the Ele- Urban Affairs. SESSIONS): David A. Montoya, of Texas, to be Inspec- mentary and Secondary Education Act of S. 1672. A bill to amend the Controlled Sub- tor General, Department of Housing and 1965 to reduce class size through the use of stances Act to clarify that persons who enter Urban Development. highly qualified teachers, and for other pur- into a conspiracy within the United States *Patricia M. Loui, of Hawaii, to be a Mem- poses; to the Committee on Health, Edu- to traffic illegal controlled substances out- ber of the Board of Directors of the Export- cation, Labor, and Pensions. side the United States, or engage in conduct Import Bank of the United States for a term By Mr. PRYOR (for himself and Mr. within the United States to aid or abet drug expiring January 20, 2015. CARDIN): trafficking outside the United States, may *Richard Cordray, of Ohio, to be Director, S. 1662. A bill to amend the Federal Food, be criminally prosecuted in the United Bureau of Consumer Financial Protection for Drug, and Cosmetic Act to establish a nano- States, and for other purposes; to the Com- a term of five years. technology regulatory science program; to mittee on the Judiciary. *Larry W. Walther, of Arkansas, to be a the Committee on Health, Education, Labor, By Mr. AKAKA (for himself and Mrs. Member of the Board of Directors of the Ex- and Pensions. FEINSTEIN): port-Import Bank of the United States for a By Mr. BEGICH (for himself, Ms. KLO- S. 1673. A bill to establish the Office of Ag- term expiring January 20, 2013. BUCHAR, Mr. SCHUMER, Mrs. GILLI- riculture Inspection within the Department *Alan B. Krueger, of New Jersey, to be a BRAND, and Mr. PRYOR): of Homeland Security, which shall be headed Member of the Council of Economic Advis- S. 1663. A bill to direct the Secretary of by the Assistant Commissioner for Agri- ers. Commerce to establish a competitive grant culture Inspection, and for other purposes; to *Cyrus Amir-Mokri, of New York, to be an program to promote domestic regional tour- Assistant Secretary of the Treasury. the Committee on Homeland Security and ism; to the Committee on Commerce, Governmental Affairs. By Mr. ROCKEFELLER for the Committee Science, and Transportation. on Commerce, Science, and Transportation. By Mr. REED: By Mrs. FEINSTEIN: S. 1674. A bill to improve teacher quality, *John Edgar Bryson, of California, to be S. 1664. A bill to amend titles 28 and 10, Secretary of Commerce. and for other purposes; to the Committee on United States Code, to allow for certiorari Health, Education, Labor, and Pensions. *Coast Guard of Rdml David R. review of certain cases denied relief or re- Callahan, to be Rear Admiral (Lower Half). By Mr. MERKLEY (for himself, Mr. view by the United States Court of Appeals FRANKEN, Mr. BEGICH, Mrs. GILLI- Mr. ROCKEFELLER. Mr. President, for the Armed Forces; to the Committee on BRAND, and Mr. CASEY): for the Committee on Commerce, the Judiciary. S. 1675. A bill to improve student academic Science, and Transportation I report By Mr. BEGICH (for himself, Mr. achievement in science, technology, engi- favorably the following nomination ROCKEFELLER, and Ms. SNOWE): neering, and mathematics subjects; to the lists which were printed in the S. 1665. A bill to authorize appropriations Committee on Health, Education, Labor, and for the Coast Guard for fiscal years 2012 and Pensions. RECORDS on the dates indicated, and 2013, and for other purposes; to the Com- ask unanimous consent, to save the ex- By Mr. THUNE: mittee on Commerce, Science, and Transpor- S. 1676. A bill to amend the Internal Rev- pense of reprinting on the Executive tation. enue Code of 1986 to provide for taxpayers Calendar that these nominations lie at By Mr. THUNE: making donations with their returns of in- the Secretary’s desk for the informa- S. 1666. A bill to prohibit the implementa- come tax to the Federal Government to pay tion of Senators. tion of certain rules of the National Labor down the public debt; to the Committee on The PRESIDING OFFICER. Without Relations Board relating to the posting of Finance. objection, it is so ordered. notices on unionization; to the Committee By Mr. WYDEN: on Health, Education, Labor, and Pensions. *Coast Guard nomination of Walter L. S.J. Res. 28. A joint resolution limiting the By Mr. HARKIN: issuance of a letter of offer with respect to a Ouzts, Jr., to be Lieutenant. S. 1667. A bill to require certain standards *Coast Guard nomination of Kathleen A. certain proposed sale of defense articles and and enforcement provisions to prevent child Duignan, to be Commander. defense services to the Kingdom of Bahrain; *National Oceanic and Atmospheric Ad- abuse and neglect in residential programs, to the Committee on Foreign Relations. and for other purposes; to the Committee on ministration nominations beginning with f Richard R. Wingrove and ending with Linh Health, Education, Labor, and Pensions. K. Nguyen, which nominations were received By Mr. MERKLEY (for himself, Mr. SUBMISSION OF CONCURRENT AND by the Senate and appeared in the Congres- MORAN, Mr. TESTER, Mr. BEGICH, Mr. SENATE RESOLUTIONS sional Record on June 30, 2011. WYDEN, and Ms. MURKOWSKI): S. 1668. A bill to provide that the Postal The following concurrent resolutions By Mr. LEAHY for the Committee on the and Senate resolutions were read, and Judiciary. Service may not close any post office which Evan Jonathan Wallach, of New York, to results in more than 10 miles distance (as referred (or acted upon), as indicated: be United States Circuit Judge for the Fed- measured on roads with year-round access) By Mr. COONS (for himself, Mr. SES- eral Circuit. between any 2 post offices; to the Committee SIONS, Mr. CARDIN, Mr. ALEXANDER, Dana L. Christensen, of Montana, to be on Homeland Security and Governmental Af- Mrs. MURRAY, Mr. LIEBERMAN, Mr. United States District Judge for the District fairs. REED, Mr. WYDEN, Mr. BINGAMAN, Mr. of Montana. By Mr. CARDIN (for himself, Mrs. WHITEHOUSE, Mr. UDALL of New Mex- Cathy Ann Bencivengo, of California, to be BOXER, and Mr. REID): ico, Mr. BROWN of Massachusetts, Ms. United States District Judge for the South- S. 1669. A bill to authorize the Adminis- COLLINS, Mr. COCHRAN, and Mr. ern District of California. trator of the Environmental Protection MERKLEY): Gina Marie Groh, of West Virginia, to be Agency to establish a program of awarding S. Res. 288. A resolution designating the United States District Judge for the North- grants to owners or operators of water sys- week beginning October 9, 2011, as ‘‘National ern District of West Virginia. tems to increase the resiliency or adapt- Wildlife Refuge Week’’; considered and Margo Kitsy Brodie, of New York, to be ability of the systems to any ongoing or agreed to. United States District Judge for the Eastern forecasted changes to the hydrologic condi- By Mr. BROWN of Ohio (for himself, District of New York. tions of a region of the United States; to the Mr. SHELBY, Mr. SESSIONS, Mr. *Nomination was reported with rec- Committee on Environment and Public PORTMAN, Mr. LEVIN, Mr. MENENDEZ, ommendation that it be confirmed sub- Works. Mr. CARDIN, Mr. LAUTENBERG, Mr. By Mr. CARDIN (for himself, Mr. INHOFE, Ms. MIKULSKI, and Mr. REID): ject to the nominee’s commitment to BLUMENTHAL, Mr. DURBIN, Mrs. GILLI- S. Res. 289. A resolution celebrating the respond to requests to appear and tes- BRAND, Mr. KERRY, Mr. LAUTENBERG, life and achievements of Reverend Fred Lee tify before any duly constituted com- Mr. LEVIN, Mr. MENENDEZ, Ms. MI- Shuttlesworth and honoring him for his tire- mittee of the Senate. KULSKI, and Ms. STABENOW): less efforts in the fight against segregation

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.023 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6331 and his steadfast commitment to the civil of S. 798, a bill to provide an amnesty process heaters, and incinerators, and rights of all people; considered and agreed to. period during which veterans and their for other purposes. By Mrs. MURRAY (for herself, Mr. family members can register certain At the request of Ms. COLLINS, the ISAKSON, and Mr. BEGICH): firearms in the National Firearms Reg- names of the Senator from Kansas (Mr. S. Res. 290. A resolution supporting the designation of October 6, 2011, as istration and Transfer Record, and for MORAN) and the Senator from Mary- ‘‘Jumpstart’s Read for the Record Day’’; con- other purposes. land (Ms. MIKULSKI) were added as co- sidered and agreed to. S. 951 sponsors of S. 1392, supra. f At the request of Mrs. MURRAY, the S. 1438 name of the Senator from Connecticut At the request of Mr. JOHNSON of Wis- ADDITIONAL COSPONSORS (Mr. BLUMENTHAL) was added as a co- consin, the name of the Senator from S. 164 sponsor of S. 951, a bill to improve the Idaho (Mr. CRAPO), was added as a co- At the request of Mr. BROWN of Mas- provision of Federal transition, reha- sponsor of S. 1438, a bill to provide that sachusetts, the names of the Senator bilitation, vocational, and unemploy- no agency may take any significant from Wyoming (Mr. BARRASSO) and the ment benefits to members of the regulatory action until the unemploy- Senator from Georgia (Mr. ISAKSON) Armed Forces and veterans, and for ment rate is equal to or less than 7.7 were added as cosponsors of S. 164, a other purposes. percent. bill to repeal the imposition of with- S. 1025 S. 1486 holding on certain payments made to At the request of Mr. LEAHY, the At the request of Mr. ROBERTS, the vendors by government entities. names of the Senator from Idaho (Mr. name of the Senator from Massachu- S. 202 CRAPO) and the Senator from Wisconsin setts (Mr. BROWN) was added as a co- At the request of Mr. PAUL, the (Mr. JOHNSON) were added as cospon- sponsor of S. 1486, a bill to amend title names of the Senator from Idaho (Mr. sors of S. 1025, a bill to amend title 10, XVIII of the Social Security Act to RISCH), the Senator from Florida (Mr. United States Code, to enhance the na- clarify and expand on criteria applica- RUBIO), the Senator from Oklahoma tional defense through empowerment ble to patient admission to and care (Mr. COBURN), the Senator from Mis- of the National Guard, enhancement of furnished in long-term care hospitals souri (Mr. BLUNT), the Senator from the functions of the National Guard participating in the Medicare program, Wyoming (Mr. BARRASSO), the Senator Bureau, and improvement of Federal- and for other purposes. from North Carolina (Mr. BURR), the State military coordination in domes- S. 1508 Senator from South Dakota (Mr. tic emergency response, and for other At the request of Mr. MENENDEZ, the THUNE), the Senator from Oklahoma purposes. name of the Senator from Oregon (Mr. (Mr. INHOFE) and the Senator from Mis- S. 1061 MERKLEY) was added as a cosponsor of sissippi (Mr. WICKER) were added as co- At the request of Mr. BARRASSO, the S. 1508, a bill to extend loan limits for sponsors of S. 202, a bill to require a name of the Senator from Oklahoma programs of the Federal Housing Ad- full audit of the Board of Governors of (Mr. COBURN) was added as a cosponsor ministration, the government-spon- the Federal Reserve System and the of S. 1061, a bill to amend title 5 and 28, sored enterprises, and the Department Federal reserve banks by the Comp- United States Code, with respect to the of Veterans Affairs, and for other pur- troller General of the United States be- award of fees and other expenses in poses. fore the end of 2012, and for other pur- cases brought against agencies of the S. 1527 poses. United States, to require the Adminis- At the request of Mrs. HAGAN, the S. 299 trative Conference of the United States name of the Senator from Delaware At the request of Mr. PAUL, the name to compile, and make publically avail- (Mr. COONS) was added as a cosponsor of the Senator from Idaho (Mr. CRAPO) able, certain data relating to the Equal of S. 1527, a bill to authorize the award was added as a cosponsor of S. 299, a Access to Justice Act, and for other of a Congressional gold medal to the bill to amend chapter 8 of title 5, purposes. Montford Point Marines of World War United States Code, to provide that S. 1167 II. major rules of the executive branch At the request of Mr. JOHNSON of S. 1538 shall have no force or effect unless a South Dakota, the name of the Senator At the request of Ms. COLLINS, the joint resolution of approval is enacted from Connecticut (Mr. BLUMENTHAL) name of the Senator from Idaho (Mr. into law. was added as a cosponsor of S. 1167, a CRAPO) was added as a cosponsor of S. S. 306 bill to amend the Public Health Serv- 1538, a bill to provide for a time-out on At the request of Mr. WEBB, the name ice Act to improve the diagnosis and certain regulations, and for other pur- of the Senator from Pennsylvania (Mr. treatment of hereditary hemorrhagic poses. CASEY) was added as a cosponsor of S. telangiectasia, and for other purposes. S. 1541 306, a bill to establish the National S. 1219 At the request of Mr. BENNET, the Criminal Justice Commission. At the request of Mr. BARRASSO, the names of the Senator from Idaho (Mr. S. 504 name of the Senator from Kansas (Mr. CRAPO) and the Senator from New York At the request of Mr. DEMINT, the MORAN) was added as a cosponsor of S. (Mrs. GILLIBRAND) were added as co- name of the Senator from Nevada (Mr. 1219, a bill to require Federal agencies sponsors of S. 1541, a bill to revise the HELLER) was added as a cosponsor of S. to assess the impact of Federal action Federal charter for the Blue Star 504, a bill to preserve and protect the on jobs and job opportunities, and for Mothers of America, Inc. to reflect a free choice of individual employees to other purposes. change in eligibility requirements for form, join, or assist labor organiza- S. 1335 membership. tions, or to refrain from such activi- At the request of Mr. INHOFE, the S. 1589 ties. name of the Senator from Virginia (Mr. At the request of Mr. LAUTENBERG, S. 556 WARNER) was added as a cosponsor of S. the name of the Senator from New Jer- At the request of Mrs. HUTCHISON, the 1335, a bill to amend title 49, United sey (Mr. MENENDEZ) was added as a co- name of the Senator from Idaho (Mr. States Code, to provide rights for pi- sponsor of S. 1589, a bill to extend the CRAPO) was added as a cosponsor of S. lots, and for other purposes. authorization for the Coastal Heritage 556, a bill to amend the securities laws S. 1392 Trail in the State of New Jersey. to establish certain thresholds for At the request of Mr. JOHANNS, his S. 1606 shareholder registration, and for other name was added as a cosponsor of S. At the request of Mr. JOHANNS, his purposes. 1392, a bill to provide additional time name was added as a cosponsor of S. S. 798 for the Administrator of the Environ- 1606, a bill to reform the process by At the request of Mr. TESTER, the mental Protection Agency to issue which Federal agencies analyze and name of the Senator from Oklahoma achievable standards for industrial, formulate new regulations and guid- (Mr. COBURN) was added as a cosponsor commercial, and institutional boilers, ance documents.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.056 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE October 6, 2011 S. 1611 AMENDMENT NO. 680 the cost of health care. However, Con- At the request of Mr. JOHNSON of Wis- At the request of Mr. HATCH, the gress and the FDA must assure the consin, the names of the Senator from names of the Senator from South Da- public that nanotechnology-based prod- Kentucky (Mr. MCCONNELL), the Sen- kota (Mr. THUNE), the Senator from ucts are both safe and efficacious. The ator from (Mr. KYL), the Sen- Texas (Mr. CORNYN), the Senator from Nanotechnology Regulatory Science ator from Texas (Mr. CORNYN), the Sen- Mississippi (Mr. WICKER) and the Sen- Act of 2011 will enable the FDA to ator from Alabama (Mr. SESSIONS), the ator from Wyoming (Mr. BARRASSO) properly study how nanomaterials are Senator from Arizona (Mr. MCCAIN), were added as cosponsors of amend- absorbed by the human body, how the Senator from Oklahoma (Mr. ment No. 680 intended to be proposed to nanomaterials designed to carry cancer INHOFE), the Senator from Mississippi S. 1619, a bill to provide for identifica- fighting drugs target and kill tumors, (Mr. WICKER), the Senator from South tion of misaligned currency, require and how nanoscale texturing of bone Carolina (Mr. DEMINT), the Senator action to correct the misalignment, implants can make a stronger joint and from Oklahoma (Mr. COBURN), the Sen- and for other purposes. reduce the threat of infection. ator from Idaho (Mr. RISCH), the Sen- AMENDMENT NO. 692 Nanotechnology, or the manipulation ator from Idaho (Mr. CRAPO), the Sen- At the request of Mr. JOHANNS, the of material at dimensions between 1 ator from Wyoming (Mr. BARRASSO), names of the Senator from Iowa (Mr. and 100 nanometers, is a challenging the Senator from Louisiana (Mr. VIT- GRASSLEY) and the Senator from Mis- scientific area. To put this size scale in TER), the Senator from Florida (Mr. sissippi (Mr. WICKER) were added as co- perspective, a human hair is 80,000 RUBIO), and the Senator from Utah (Mr. sponsors of amendment No. 692 in- nanometers thick. LEE) were added as cosponsors of S. tended to be proposed to S. 1619, a bill Nanomaterials have different chem- 1611, a bill to reduce the size of the to provide for identification of mis- ical, physical, electrical and biological Federal workforce through attrition, aligned currency, require action to cor- characteristics than when used as larg- and for other purposes. rect the misalignment, and for other er, bulk materials. For example, S. 1639 purposes. nanoscale silver has exhibited unique At the request of Mr. TESTER, the AMENDMENT NO. 703 antibacterial properties for treating in- names of the Senator from Alaska (Mr. At the request of Mr. BROWN of Mas- fections and wounds. Nanomaterials BEGICH) and the Senator from Pennsyl- sachusetts, the names of the Senator have a much larger ratio of surface vania (Mr. CASEY) were added as co- from Wyoming (Mr. BARRASSO) and the area to mass than ordinary materials sponsors of S. 1639, a bill to amend title Senator from Wyoming (Mr. ENZI) were do. It is at the surface of materials 36, United States Code, to authorize added as cosponsors of amendment No. that biological and chemical reactions the American Legion under its Federal 703 intended to be proposed to S. 1619, a take place and so we would expect charter to provide guidance and leader- bill to provide for identification of mis- nanomaterials to be more reactive ship to the individual departments and aligned currency, require action to cor- than bulk materials. posts of the American Legion, and for rect the misalignment, and for other The novel characteristics of nanoma- other purposes. purposes. terials mean that risk assessments de- S. 1653 AMENDMENT NO. 717 veloped for ordinary materials may be At the request of Ms. KLOBUCHAR, the At the request of Ms. COLLINS, the of limited use in determining the name of the Senator from Virginia (Mr. name of the Senator from Mississippi health and public safety of products WARNER) was added as a cosponsor of S. (Mr. WICKER) was added as a cosponsor based on nanotechnology. 1653, a bill to make minor modifica- of amendment No. 717 intended to be The FDA needs the tools and re- tions to the procedures relating to the proposed to S. 1619, a bill to provide for sources to assure the public that nano- issuance of visas. identification of misaligned currency, technology-based medical and health S. RES. 132 require action to correct the misalign- products are safe and effective. The de- velopment of a regulatory framework At the request of Mr. NELSON of Ne- ment, and for other purposes. braska, the name of the Senator from AMENDMENT NO. 728 for the use of nanomaterials in drugs, medical devices, cosmetics, sunscreens Oregon (Mr. MERKLEY) was added as a At the request of Mr. COONS, the cosponsor of S. Res. 132, a resolution name of the Senator from Utah (Mr. and food additives must be based on recognizing and honoring the zoos and HATCH) was added as a cosponsor of scientific knowledge and data about aquariums of the United States. amendment No. 728 intended to be pro- each specific technology and product. Without a robust regulatory science AMENDMENT NO. 669 posed to S. 1619, a bill to provide for identification of misaligned currency, framework there is no way to know At the request of Mr. MERKLEY, the what data to collect. More than a name of the Senator from Michigan require action to correct the misalign- ment, and for other purposes. dozen material characteristics have (Mr. LEVIN) was added as a cosponsor of been suggested even for relatively sim- f amendment No. 669 intended to be pro- ple nanomaterials. Without better sci- posed to S. 1619, a bill to provide for STATEMENTS ON INTRODUCED entific knowledge of nanomaterials and identification of misaligned currency, BILLS AND JOINT RESOLUTIONS their behavior in the human body, we require action to correct the misalign- By Mr. PRYOR (for himself and do not know what data to collect and ment, and for other purposes. Mr. CARDIN): examine. AMENDMENT NO. 671 S. 1662. A bill to amend the Federal In 2007, the FDA Nanotechnology At the request of Mr. BARRASSO, the Food, Drug and Cosmetic Act to estab- Task Force published a report ana- name of the Senator from Mississippi lish a nanotechnology regulatory lyzing the FDA’s scientific program (Mr. WICKER) was added as a cosponsor science program; to the Committee on and regulatory authority for address- of amendment No. 671 intended to be Health, Education, Labor, and Pen- ing nanotechnology in drugs, medical proposed to S. 1619, a bill to provide for sions. devices, biologics, and food supple- identification of misaligned currency, Mr. PRYOR. Mr. President, I rise ments. A general finding of the report require action to correct the misalign- today with Senator CARDIN to intro- is that nanoscale materials present ment, and for other purposes. duce the Nanotechnology Regulatory regulatory challenges similar to those AMENDMENT NO. 672 Science Act of 2011 which will author- posed by products using other emerg- At the request of Mr. BARRASSO, the ize a program of regulatory science by ing technologies. However, these chal- name of the Senator from Mississippi the U.S. Food and Drug Administration lenges may be magnified because nano- (Mr. WICKER) was added as a cosponsor on nanotechnology-based medical and technology can be used to make almost of amendment No. 672 intended to be health products. any FDA-regulated product. Also, at proposed to S. 1619, a bill to provide for Nanotechnology holds great promise the nanoscale, the properties of a ma- identification of misaligned currency, to revolutionize the development of terial relevant to the safety and effec- require action to correct the misalign- new medicines, drug delivery, and or- tiveness of the FDA-regulated products ment, and for other purposes. thopedic implants while holding down might change.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.026 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6333 The Task Force recommended that In the in vivo area, one of the most gram for the scientific investigation of nano- the FDA focus on improving its sci- pressing needs in clinical oncology is materials included or intended for inclusion entific knowledge of nanotechnology to for imaging agents that can identify in products regulated under this Act, to ad- help ensure the agency’s regulatory ef- tumors that are far smaller than is dress the potential toxicology of such mate- rials, the effects of such materials on bio- fectiveness, particularly with regard to possible with today’s technology. logical systems, and interaction of such ma- products not subject to premarket au- Achieving this level of sensitivity re- terials with biological systems. thorization requirements. quires better targeting of imaging ‘‘(b) PROGRAM PURPOSES.—The purposes of The FDA has already reviewed and agents and generation of a larger imag- the program established under subsection (a) approved some nanotechnology-based ing signal, both of which nanoscale de- shall be to— products. In the coming years, they ex- vices are capable of accomplishing. ‘‘(1) assess scientific literature and data on pect a significant increase in the use of Perhaps the greatest near-term im- general nanomaterials interactions with bio- nanomaterials in drugs, devices, bio- pact of multifunctional therapeutic logical systems and on specific nanomate- logics, cosmetics, food, and over-the- compounds will come in the area of rials of concern to Food and Drug Adminis- tration; counter products. This will require the tumor targeting and cancer therapies. ‘‘(2) in cooperation with other Federal FDA to devote more of its regulatory Nanotechnology can be used to develop agencies, develop and organize information attention to nanotechnology based new methods of drug delivery that bet- using databases and models that will facili- products. ter target selected tissues and cells, tate the identification of generalized prin- The FDA has already begun to devote and to improve on the efficiency of ciples and characteristics regarding the be- some resources to the understanding of drug activity in the cytoplasm or nu- havior of classes of nanomaterials with bio- the human health effects and safety of cleus. Drug delivery applications will logical systems; nanotechnology. The FDA has estab- provide a solution to solubility prob- ‘‘(3) promote intramural Food and Drug lished a Nanotechnology Core Facility Administration programs and participate in lems, as well as offer intracellular de- collaborative efforts, to further the under- at the National Center for Toxi- livery possibilities. standing of the science of novel properties at cological Research in Jefferson Arkan- The introduction of nanotechnology the nanoscale that might contribute to tox- sas. In August, Arkansas Governor to multifunctional therapeutics is at icity; Beebe and FDA Commissioner Ham- an early stage of development. The de- ‘‘(4) promote and participate in collabo- burg signed a memorandum under- livery of nanoscale multifunctional rative efforts to further the understanding of standing creating a Virtual Center of therapeutics could permit very precise measurement and detection methods for Excellence in regulatory science per- site specific targeting of cancer cells. nanomaterials; taining to nanotechnology. Under the ‘‘(5) collect, synthesize, interpret, and dis- More sophisticated ‘‘smart’’ systems seminate scientific information and data re- agreement, the state’s five research for drug delivery still have to be devel- lated to the interactions of nanomaterials universities—the University of Arkan- oped that sense and respond to specific with biological systems; sas, Fayetteville; the University of Ar- chemical agents and are tailored to ‘‘(6) build scientific expertise on nanomate- kansas for Medical Sciences; the Uni- each patient. Multifunctional thera- rials within such Administration, including versity of Arkansas at Little Rock; the peutic devices need to be developed field and laboratory expertise, for moni- University of Arkansas at Pine Bluff, that simultaneously detect, diagnose, toring the production and presence of nano- and Arkansas State University—will treat and monitor response to the ther- materials in domestic and imported products work with the NCTR to establish a regulated under this Act; apy. For example, various nanoma- ‘‘(7) ensure ongoing training, as well as dis- nanotechnology collaborative research terials can be made to link with a drug, semination of new information within the program dealing specifically with tox- a targeting molecule and an imaging centers of such Administration, and more icity. In addition, UAMS will offer a agent to seek out cancers and release broadly across such Administration, to en- Master’s degree and a certification pro- their payload when required. sure timely, informed consideration of the gram in regulatory science. In conclusion, the Nanotechnology most current science; Let me talk for a few minutes about Regulatory Science Act of 2011 will ‘‘(8) encourage such Administration to par- two areas where nanotechnology is al- provide the FDA the authority nec- ticipate in international and national con- sensus standards activities; and ready being applied to health care, the essary to scientifically study the safe- early detection of cancer and multi- ‘‘(9) carry out other activities that the ty and effectiveness of nanotechnol- Secretary determines are necessary and con- functional therapeutics. ogy-based drugs, delivery systems, sistent with the purposes described in para- The early detection of cancer can re- medical devices, orthopedic implants, graphs (1) through (8). sult in significant improvement in cosmetics, and food additives regulated ‘‘(c) PROGRAM ADMINISTRATION.— human health care and reduction in by the agency. This bill is a sound in- ‘‘(1) PROGRAM MANAGER.—In carrying out cost. Nanotechnology offers important vestment on the promise of nanotech- the program under this section, the Sec- new tools for detection where existing nology to improve human health and retary, acting through the Commissioner of and more conventional technologies reduce costs in the 21st century. Food and Drugs, shall designate a program manager who shall supervise the planning, may be reaching their limits. The Mr. President, I ask unanimous con- present obstacle to early detection of management, and coordination of the pro- sent that the text of the bill be printed gram. cancer lies in the inability of existing in the RECORD. ‘‘(2) DUTIES.—The program manager shall— tools to detect these molecular level There being no objection, the text of ‘‘(A) develop a detailed strategic plan for changes directly during early phases in the bill was ordered to be printed in achieving specific short- and long-term tech- the genesis of a cancer. Nanotechnol- the RECORD, as follows: nical goals for the program; ogy can provide smart contrast agents S. 1662 ‘‘(B) coordinate and integrate the strategic plan with activities by the Food and Drug and tools for real time imaging of a Be it enacted by the Senate and House of Rep- single cell and tissues at the nanoscale. Administration and other departments and resentatives of the United States of America in agencies participating in the National Nano- Nanotechnology promises a host of Congress assembled, minimally-invasive diagnostic tech- technology Initiative; and SECTION 1. SHORT TITLE. ‘‘(C) develop intramural Food and Drug Ad- niques and much research is aimed at This Act may be cited as the ‘‘Nanotech- ministration programs, contracts, memo- ultra-sensitive labeling and detection nology Regulatory Science Act of 2011’’. randa of agreement, joint funding agree- technologies. In the in vitro area, SEC. 2. NANOTECHNOLOGY PROGRAM. ments, and other cooperative arrangements nanotechnology can help define can- Chapter X of the Federal Food, Drug, and necessary for meeting the long-term chal- cers by molecular signatures denoting Cosmetic Act (21 U.S.C. 391 et seq.) is amend- lenges and achieving the specific technical processes that reflect fundamental ed by adding at the end the following: goals of the program. changes in cells and tissues that lead ‘‘SEC. 1013. NANOTECHNOLOGY REGULATORY ‘‘(d) REPORTS.—Not later than March 15, to cancer. Already, investigators have SCIENCE PROGRAM. 2014, the Secretary shall submit to Congress developed novel nanoscale in vitro ‘‘(a) IN GENERAL.—Not later than 180 days a report on the program carried out under after the date of enactment of the Nanotech- this section. Such report shall include— techniques that can analyze genomic nology Regulatory Science Act of 2011, the ‘‘(1) a review of the specific short- and variations across different tumor types Secretary, in consultation with the Sec- long-term goals of the program; and distinguish normal from malignant retary of Agriculture, shall establish within ‘‘(2) an assessment of current and proposed cells. the Food and Drug Administration a pro- funding levels for the program, including an

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.022 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6334 CONGRESSIONAL RECORD — SENATE October 6, 2011 assessment of the adequacy of such funding by the U.S. Court of Appeals for the SEC. 3. EFFECTIVE DATE. levels to support program activities; and Armed Forces, or who were denied ex- (a) IN GENERAL.—Subject to subsection (b), ‘‘(3) a review of the coordination of activi- traordinary relief, the opportunity to the amendments made by this Act shall take effect upon the expiration of the 180-day pe- ties under the program with other depart- seek review of those decisions by writ ments and agencies participating in the Na- riod beginning on the date of the enactment tional Nanotechnology Initiative. of certiorari to the U.S. Supreme of this Act and shall apply to any petition ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Court. granted or denied by the United States Court There is authorized to be appropriated to While this legislation would provide of Appeals for the Armed Forces on or after carry out this section, $15,000,000 for fiscal a fairer legal process for servicemem- that effective date. year 2013, $16,000,000 for fiscal year 2014, and bers, it would not unduly burden the (b) AUTHORITY TO PRESCRIBE RULES.—The authority of the Supreme Court to prescribe $17,000,000 for fiscal year 2015. Amounts ap- military or the Supreme Court. As propriated pursuant to this subsection shall rules to carry out section 2101(g) of title 28, noted in the 2010 House Judiciary Com- United States Code, as amended by section remain available until expended.’’. mittee Report on the legislation, the 2(b)(2) of this Act, shall take effect on the expanded Supreme Court review of date of the enactment of this Act. By Mrs. FEINSTEIN: S. 1664. A bill to amend titles 28 and court-martial decisions authorized by the legislation would result in only By Mr. HARKIN: 10, United States Code, to allow for cer- S. 1667. A bill to require certain tiorari review of certain cases denied about 80–120 additional petitions for certiorari each year. Additionally, the standards and enforcement provisions relief or review by the United States to prevent child abuse and neglect in Court of Appeals for the Armed Forces; Congressional Budget Office has esti- mated that the increased workload for residential programs, and for other to the Committee on the Judiciary. purposes; to the Committee on Health, Department of Defense attorneys and Education, Labor, and Pensions. Mrs. FEINSTEIN. Mr. President, Supreme Court clerks would cost less today I am pleased to introduce the Mr. HARKIN. Mr. President, I am de- than $1 million each year. lighted to introduce this bill today. Equal Justice for Our Military Act of Every day, our U.S. service personnel This legislation will play a critical role 2011. The act would eliminate inequi- place their lives on the line in defense in ensuring the safety of our Nation’s ties in current law by allowing court- of American rights. It is unacceptable youth who especially deserve to be safe martialed servicemembers who face for us to continue to routinely deprive and cared for when they are trying to dismissal, discharge or confinement for our men and women in uniform of one get better in a residential treatment a year or more to seek review by the of those rights—the ability to petition United States Supreme Court. facility. This bill is a companion to their Nation’s highest court for direct The Stop Child Abuse in Residential In our civilian courts today, all per- relief. It is a right given to common sons convicted of a crime, if they lose Programs for Teens Act, which was in- criminals in our civilian courts, to the troduced in the House today by Rep- on appeal, have a right to petition the Government, and even to some of the resentative GEORGE MILLER. I com- U.S. Supreme Court for discretionary terrorists who we hope to prosecute as review. Even enemy combatants have mend Representative MILLER for his war criminals. commitment to this important issue. the right to direct appellate review in It is long past time we give them the the Supreme Court. The emotional and mental well-being same rights as the American citizens of our Nation’s youth is of paramount In contrast, however, our men and they fight, and sometimes die, to pro- importance. In recent years, the preva- women in uniform do not share this tect. I urge my colleagues to support lence of child abuse in residential fa- same right. Our military personnel this important legislation to give equal cilities has jeopardized the livelihood have a limited right to appeal to the justice to our U.S. servicemembers. of our nation’s next generation. In 2005, U.S. Supreme Court. They can appeal Mr. President, I ask unanimous con- The Government Accountability Office to the U.S. Supreme Court only if the sent that the text of the bill be printed reported over 1,500 incidences of abuse U.S. Court of Appeals for the Armed in the RECORD. and neglect by facility staff in 34 Forces, CAAF, actually conducts a re- There being no objection, the text of States. These incidences included view of their case or grants a petition the bill was ordered to be printed in shocking cases in which youth were de- for extraordinary relief. In other the RECORD, as follows: nied food and water or held in stress words, if the CAAF refuses to take S. 1664 positions for extended periods of time. their case, or denies their extraor- Be it enacted by the Senate and House of Rep- In 2006, 28 States reported at least one dinary relief petition, the servicemem- resentatives of the United States of America in death in a residential facility. This in- Congress assembled, ber has no right to further review in cludes my State of Iowa and this is the Supreme Court. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Equal Jus- simply unacceptable. These deaths For fiscal years 2008 through 2010, the were a result of accidents or suicides CAAF denied a total of 2230 petitions tice for Our Military Act of 2011’’. SEC. 2. CERTIORARI TO THE UNITED STATES that, in some instances, may have been for review. The CAAF also averages COURT OF APPEALS FOR THE caused by a lack of supervision or ne- about 20 denials of extraordinary relief ARMED FORCES. glect. In 2009, 1,770 children and youth petitions every year. Taken together, (a) IN GENERAL.—Section 1259 of title 28, died from maltreatment, which in this means that there are more than United States Code, is amended (1) in paragraph (3), by inserting ‘‘or de- some cases, may be attributed to the 750 court-martial decisions per year in inexperienced staff members who lack which servicemembers are denied the nied’’ after ‘‘granted’’; and (2) in paragraph (4), by inserting ‘‘or de- the proper training or qualifications to opportunity to seek certiorari from the nied’’ after ‘‘granted’’. serve in their roles. Supreme Court. (b) TECHNICAL AND CONFORMING AMEND- This legislation will make significant In addition to this disparity between MENTS.— strides in improving the quality of care our civilian and military court sys- (1) TITLE 10.—Section 867a(a) of title 10, in residential program facilities. This tems, there is another disparity within United States Code, is amended by striking bill will make improvements in four the military court system itself. The ‘‘The Supreme Court may not review by a key areas that will ensure that our writ of certiorari under this section any ac- government may petition the Supreme children and youth our safe. First, it Court for review of adverse court-mar- tion of the Court of Appeals for the Armed Forces in refusing to grant a petition for re- includes new national standards that tial rulings in any case where the view.’’. will prevent residential facilities from charges are severe enough to make a (2) TIME FOR APPLICATION FOR WRIT OF CER- physically, mentally, or sexually abus- punitive discharge possible. But serv- TIORARI.—Section 2101(g) of title 28, United ing children in their care. Second, this icemembers do not have the same States Code, is amended to read as follows: bill increases transparency on quali- rights to petition the Supreme Court ‘‘(g) The time for application for a writ of fications, roles, and responsibilities of that the military prosecutors on the certiorari to review a decision of the United all current staff members. Third, it in- other side of the aisle have. States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal creases restrictions that will hold resi- The bill I am introducing today is a Appeals that the United States Court of Ap- dential programs accountable for vio- simple one, which would correct these peals for the Armed Forces refuses to grant lating the law. Lastly, this bill allows inequities. It would allow servicemem- a petition to review, shall be as prescribed by states the opportunity to step in to bers whose appeals are denied review rules of the Supreme Court.’’. protect teens in residential programs.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.029 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6335 I want to take a moment to acknowl- mental Disabilities Assistance and Bill of name-based search of the National Sex Of- edge the youth who have lost their Rights Act of 2000 (42 U.S.C. 15043). fender Registry established pursuant to the lives while in the care of a residential (6) STATE.—The term ‘‘State’’ has the Adam Walsh Child Protection and Safety Act treatment facility and their parents meaning given such term in section 3 of the of 2006 (Public Law 109–248; 42 U.S.C. 16901 et Child Abuse Prevention and Treatment Act seq.), a search of the State criminal registry and families. No child should be forced (42 U.S.C. 5101 note). or repository in the State in which the cov- to suffer abuse, neglect, injury, or even SEC. 3. STANDARDS AND ENFORCEMENT. ered program is operating, and a Federal Bu- death while they are trying to better (a) MINIMUM STANDARDS.— reau of Investigation fingerprint check. An themselves in a residential program. (1) IN GENERAL.—Not later than 180 days individual shall be ineligible to serve in a po- I would also like to mention those after the date of the enactment of this Act, sition with any contact with children at a who have worked so hard on my staff. the Assistant Secretary for Children and covered program if any such record check re- I would like to thank Dan Smith and Families of the Department of Health and veals a felony conviction for child abuse or Pam Smith, who do a great job shep- Human Services shall require each covered neglect, spousal abuse, a crime against chil- herding the undertakings of our com- program, in order to provide for the basic dren (including child pornography), or a health and safety of children at such a pro- crime involving violence, including rape, mittee. I would like to thank Bethany sexual assault, or homicide, but not includ- Little, David Johns, Ashley Eden and gram, to meet the following minimum stand- ards: ing other physical assault or battery. Michael Gamel-McCormick of my staff. (A) Child abuse and neglect shall be prohib- (K) Policies and procedures for the provi- This is a critical step forward to mak- ited. sion of emergency medical care, including ing sure that we ensure the safety of (B) Disciplinary techniques or other prac- policies for staff protocols for implementing America’s youth. tices that involve the withholding of essen- emergency responses. Mr. President, I ask unanimous con- tial food, water, clothing, shelter, or medical (L) All promotional and informational ma- sent that the text of the bill be printed care necessary to maintain physical health, terials produced by such a program shall in- clude a hyperlink to or the URL address of in the RECORD. mental health, and general safety, shall be prohibited. the website created by the Assistant Sec- There being no objection, the text of retary pursuant to subsection (c)(1)(A). the bill was ordered to be printed in (C) The protection and promotion of the right of each child at such a program to be (M) Policies to require parents or legal the RECORD, as follows: free from physical, chemical, and mechanical guardians of a child attending such a pro- S. 1667 restraints and seclusion (as such terms are gram— Be it enacted by the Senate and House of Rep- defined in section 595 of the Public Health (i) to notify, in writing, such program of resentatives of the United States of America in Service Act (42 U.S.C. 290jj)) to the same ex- any medication the child is taking; Congress assembled, tent and in the same manner as a non-med- (ii) to be notified within 24 hours of any SECTION 1. SHORT TITLE. ical, community-based facility for children changes to the child’s medical treatment and This Act may be cited as the ‘‘Stop Child and youth is required to protect and promote the reason for such change; and Abuse in Residential Programs for Teens Act the right of its residents to be free from such (iii) to be notified within 24 hours of any of 2011’’. restraints and seclusion under such section missed dosage of prescribed medication. SEC. 2. DEFINITIONS. 595, including the prohibitions and limita- (N) Procedures for notifying immediately, In this Act: tions described in subsection (b)(3) of such to the maximum extent practicable, but not (1) ASSISTANT SECRETARY.—The term ‘‘As- section. later than within 48 hours, parents or legal sistant Secretary’’ means the Assistant Sec- (D) Acts of physical or mental abuse de- guardians with children at such a program of retary for Children and Families of the De- signed to humiliate, degrade, or undermine a any— partment of Health and Human Services. child’s self-respect shall be prohibited. (i) on-site investigation of a report of child (2) CHILD.—The term ‘‘child’’ means an in- (E) Each child at such a program shall abuse and neglect; dividual who has not attained the age of 18. have reasonable access to a telephone, and be (ii) violation of the health and safety (3) CHILD ABUSE AND NEGLECT.—The term informed of their right to such access, for standards described in this paragraph; and ‘‘child abuse and neglect’’ has the meaning making and receiving phone calls with as (iii) violation of State licensing standards given such term in section 3 of the Child much privacy as possible, and shall have ac- developed pursuant to section 114(b)(1) of the Abuse Prevention and Treatment Act (42 cess to the appropriate State or local child Child Abuse Prevention and Treatment Act, U.S.C. 5101 note). abuse reporting hotline number, and the na- as added by section 7 of this Act. (4) COVERED PROGRAM.— tional hotline number referred to in sub- (O) Other standards the Assistant Sec- (A) IN GENERAL.—The term ‘‘covered pro- section (c)(2). retary determines appropriate to provide for gram’’ means each location of a program op- (F) Each staff member, including volun- the basic health and safety of children at erated by a public or private entity that, teers, at such a program shall be required, as such a program. with respect to one or more children who are a condition of employment, to become famil- (2) REGULATIONS.— unrelated to the owner or operator of the iar with what constitutes child abuse and ne- (A) INTERIM REGULATIONS.—Not later than program— glect, as defined by State law. 180 days after the date of the enactment of (i) provides a residential environment, (G) Each staff member, including volun- this Act, the Assistant Secretary shall pro- such as— teers, at such a program shall be required, as mulgate and enforce interim regulations to (I) a program with a wilderness or outdoor a condition of employment, to become famil- carry out paragraph (1). experience, expedition, or intervention; iar with the requirements, including with (B) PUBLIC COMMENT.—The Assistant Sec- (II) a boot camp experience or other experi- State law relating to mandated reporters, retary shall, for a 90-day period beginning on ence designed to simulate characteristics of and procedures for reporting child abuse and the date of the promulgation of interim reg- basic military training or correctional re- neglect in the State in which such a program ulations under subparagraph (A) of this para- gimes; is located. graph, solicit and accept public comment (III) a therapeutic boarding school; or (H) Full disclosure, in writing, of staff concerning such regulations. Such public (IV) a behavioral modification program; qualifications and their roles and respon- comment shall be submitted in written form. and sibilities at such program, including med- (C) FINAL REGULATIONS.—Not later than 90 (ii) operates with a focus on serving chil- ical, emergency response, and mental health days after the conclusion of the 90-day period dren with— training, to parents or legal guardians of referred to in subparagraph (B) of this para- (I) emotional, behavioral, or mental health children at such a program, including pro- graph, the Assistant Secretary shall promul- problems or disorders; or viding information on any staff changes, in- gate and enforce final regulations to carry (II) problems with alcohol or substance cluding changes to any staff member’s quali- out paragraph (1). abuse. fications, roles, or responsibilities, not later (b) MONITORING AND ENFORCEMENT.— (B) EXCLUSION.—The term ‘‘covered pro- than 10 days after such changes occur. (1) ON-GOING REVIEW PROCESS.—Not later gram’’ does not include— (I) Each staff member at a covered pro- than 180 days after the date of the enactment (i) a hospital licensed by the State; or gram described in subclause (I) or (II) of sec- of this Act, the Assistant Secretary shall im- (ii) a foster family home that provides 24- tion 2(4)(A)(i) shall be required, as a condi- plement an on-going review process for in- hour substitute care for children placed tion of employment, to be familiar with the vestigating and evaluating reports of child away from their parents or guardians and for signs, symptoms, and appropriate responses abuse and neglect at covered programs re- whom the State child welfare services agen- associated with heatstroke, dehydration, and ceived by the Assistant Secretary from the cy has placement and care responsibility and hypothermia. appropriate State, in accordance with sec- that is licensed and regulated by the State (J) Each staff member, including volun- tion 114(b)(3) of the Child Abuse Prevention as a foster family home. teers with unsupervised contact with chil- and Treatment Act, as added by section 7 of (5) PROTECTION AND ADVOCACY SYSTEM.— dren and youth, or more than 30 hours of su- this Act. Such review process shall— The term ‘‘protection and advocacy system’’ pervised contact time per year, shall be re- (A) include an investigation to determine means a protection and advocacy system es- quired, as a condition of employment, to sub- if a violation of the standards required under tablished under section 143 of the Develop- mit to a criminal history check, including a subsection (a)(1) has occurred;

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE October 6, 2011 (B) include an assessment of the State’s at covered programs and violations of the 5101 et seq.) is amended by adding at the end performance with respect to appropriateness standards required under subsection (a)(1). the following new section: of response to and investigation of reports of (d) ACTION.—The Assistant Secretary shall child abuse and neglect at covered programs establish a process to— ‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIRE- and appropriateness of legal action against (1) ensure complaints of child abuse and MENTS FOR GRANTS TO STATES TO PREVENT CHILD ABUSE AND NE- neglect received by the hotline established responsible parties in such cases; GLECT AT RESIDENTIAL PROGRAMS. (C) be completed not later than 60 days pursuant to subsection (c)(2) are promptly after receipt by the Assistant Secretary of reviewed by persons with expertise in evalu- ‘‘(a) DEFINITIONS.—In this section: such a report; ating such types of complaints; ‘‘(1) CHILD.—The term ‘child’ means an in- (D) not interfere with an investigation by (2) immediately notify the State, appro- dividual who has not attained the age of 18. the State or a subdivision thereof; and priate local law enforcement, and the appro- ‘‘(2) COVERED PROGRAM.— (E) be implemented in each State in which priate protection and advocacy system of ‘‘(A) IN GENERAL.—The term ‘covered pro- a covered program operates until such time any credible complaint of child abuse and ne- gram’ means each location of a program op- as each such State has satisfied the require- glect at a covered program received by the erated by a public or private entity that, ments under section 114(c) of the Child Abuse hotline; with respect to one or more children who are Prevention and Treatment Act, as added by (3) investigate any such credible complaint unrelated to the owner or operator of the section 7 of this Act, as determined by the not later than 30 days after receiving such program— Assistant Secretary, or two years has complaint to determine if a violation of the ‘‘(i) provides a residential environment, elapsed from the date that such review proc- standards required under subsection (a)(1) such as— ess is implemented, whichever is later. has occurred; and ‘‘(I) a program with a wilderness or out- (2) CIVIL PENALTIES.—Not later than 180 (4) ensure the collaboration and coopera- door experience, expedition, or intervention; days after the date of the enactment of this tion of the hotline established pursuant to ‘‘(II) a boot camp experience or other expe- Act, the Assistant Secretary shall promul- subsection (c)(2) with other appropriate Na- rience designed to simulate characteristics gate regulations establishing civil penalties tional, State, and regional hotlines, and, as of basic military training or correctional re- for violations of the standards required appropriate and practicable, with other hot- gimes; under subsection (a)(1). The regulations es- lines that might receive calls about child ‘‘(III) a therapeutic boarding school; or tablishing such penalties shall incorporate abuse and neglect at covered programs. ‘‘(IV) a behavioral modification program; the following: SEC. 4. ENFORCEMENT BY THE ATTORNEY GEN- and (A) Any owner or operator of a covered ERAL. ‘‘(ii) operates with a focus on serving chil- program at which the Assistant Secretary If the Assistant Secretary determines that dren with— has found a violation of the standards re- a violation of subsection (a)(1) of section 3 ‘‘(I) emotional, behavioral, or mental quired under subsection (a)(1) may be as- has not been remedied through the enforce- health problems or disorders; or sessed a civil penalty not to exceed $50,000 ment process described in subsection (b)(2) of ‘‘(II) problems with alcohol or substance per violation. such section, the Assistant Secretary shall abuse. (B) All penalties collected under this sub- refer such violation to the Attorney General ‘‘(B) EXCLUSION.—The term ‘covered pro- section shall be deposited in the appropriate for appropriate action. Regardless of whether gram’ does not include— account of the Treasury of the United such a referral has been made, the Attorney ‘‘(i) a hospital licensed by the State; or States. General may, sua sponte, file a complaint in any court of competent jurisdiction seeking ‘‘(ii) a foster family home that provides 24- (c) DISSEMINATION OF INFORMATION.—The hour substitute care for children place away Assistant Secretary shall establish, main- equitable relief or any other relief author- ized by this Act for such violation. from their parents or guardians and for tain, and disseminate information about the whom the State child welfare services agen- following: SEC. 5. REPORT. cy has placement and care responsibility and (1) Websites made available to the public Not later than one year after the date of that is licensed and regulated by the State that contain, at a minimum, the following: the enactment of this Act and annually as a foster family home. (A) The name and each location of each thereafter, the Secretary of Health and ‘‘(3) PROTECTION AND ADVOCACY SYSTEM.— covered program, and the name of each Human Services, in coordination with the The term ‘protection and advocacy system’ owner and operator of each such program, Attorney General shall submit to the Com- operating in each State, and information re- mittee on Education and Labor of the House means a protection and advocacy system es- garding— of Representatives and the Committee on tablished under section 143 of the Develop- (i) each such program’s history of viola- Health, Education, Labor, and Pensions of mental Disabilities Assistance and Bill of tions of— the Senate, a report on the activities carried Rights Act of 2000 (42 U.S.C. 15043). (I) regulations promulgated pursuant to out by the Assistant Secretary and the At- ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eli- subsection (a); and torney General under this Act, including— gible to receive a grant under section 106, a (II) section 114(b)(1) of the Child Abuse Pre- (1) a summary of findings from on-going re- State shall— vention and Treatment Act, as added by sec- views conducted by the Assistant Secretary ‘‘(1) not later than three years after the tion 7 of this Act; pursuant to section 3(b)(1), including a de- date of the enactment of this section, de- (ii) each such program’s current status scription of the number and types of covered velop policies and procedures to prevent with the State licensing requirements under programs investigated by the Assistant Sec- child abuse and neglect at covered programs section 114(b)(1) of the Child Abuse Preven- retary pursuant to such section; operating in such State, including having in tion and Treatment Act, as added by section (2) a description of types of violations of effect health and safety licensing require- health and safety standards found by the As- 7 of this Act; ments applicable to and necessary for the op- (iii) any deaths that occurred to a child sistant Secretary and any penalties assessed; eration of each location of such covered pro- while under the care of such a program, in- (3) a summary of State progress in meeting grams that include, at a minimum— cluding any such deaths that occurred in the the requirements of this Act, including the ‘‘(A) standards that meet or exceed the five-year period immediately preceding the requirements under section 114 of the Child standards required under section 3(a)(1) of date of the enactment of this Act, and in- Abuse Prevention and Treatment Act, as the Stop Child Abuse in Residential Pro- cluding the cause of each such death; added by section 7 of this Act; (iv) owners or operators of a covered pro- (4) a summary of the Secretary’s oversight grams for Teens Act of 2011; gram that was found to be in violation of the activities and findings conducted pursuant ‘‘(B) the provision of essential food, water, standards required under subsection (a)(1), or to subsection (d) of such section 114; and clothing, shelter, and medical care necessary a violation of the licensing standards devel- (5) a description of the activities under- to maintain physical health, mental health, oped pursuant to section 114(b)(1) of the taken by the national toll-free telephone and general safety of children at such pro- Child Abuse Prevention and Treatment Act, hotline established pursuant to section grams; as added by section 7 of this Act, and who 3(c)(2). ‘‘(C) policies for emergency medical care subsequently own or operate another covered SEC. 6. AUTHORIZATION OF APPROPRIATIONS. preparedness and response, including min- program; and There is authorized to be appropriated to imum staff training and qualifications for (v) any penalties levied under subsection the Secretary of Health and Human Services such responses; and (b)(2) and any other penalties levied by the $15,000,000 for each of fiscal years 2012 ‘‘(D) notification to appropriate staff at State, against each such program. through 2016 to carry out this Act (excluding covered programs if their position of employ- (B) Information on best practices for help- the amendment made by section 7 of this Act ment meets the definition of mandated re- ing adolescents with mental health dis- and section 8 of this Act). porter, as defined by the State; orders, conditions, behavioral challenges, or SEC. 7. ADDITIONAL ELIGIBILITY REQUIRE- ‘‘(2) develop policies and procedures to alcohol or substance abuse, including infor- MENTS FOR GRANTS TO STATES TO monitor and enforce compliance with the li- mation to help families access effective re- PREVENT CHILD ABUSE AND NE- censing requirements developed in accord- sources in their communities. GLECT AT RESIDENTIAL PROGRAMS. ance with paragraph (1), including— (2) A national toll-free telephone hotline to (a) IN GENERAL.—Title I of the Child Abuse ‘‘(A) designating an agency to be respon- receive complaints of child abuse and neglect Prevention and Treatment Act (42 U.S.C. sible, in collaboration and consultation with

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6337 State agencies providing human services (in- ‘‘(A) the name and each location of all cov- or other local entity where necessary, if the cluding child protective services, and serv- ered programs, including the names of the report indicates— ices to children with emotional, psycho- owners and operators of such programs, oper- ‘‘(i) a child fatality at such program; or logical, developmental, or behavioral dys- ating in the State, and any violations of ‘‘(ii) there is evidence of a pattern of viola- functions, impairments, disorders, or alcohol State licensing requirements developed pur- tions of the standards required under sub- or substance abuse), State law enforcement suant to subsection (b)(1); and section (b)(1) at such program or by an owner officials, the appropriate protection and ad- ‘‘(B) a description of State activities to or operator of such program; vocacy system, and courts of competent ju- monitor and enforce such State licensing re- ‘‘(B) an annual review by the Secretary of risdiction, for monitoring and enforcing such quirements, including the names of owners cases of reports of child abuse and neglect in- compliance; and operators of each covered program that vestigated at covered programs operating in ‘‘(B) establishing a State licensing applica- underwent a site inspection by the State, the State to assess the State’s performance tion process through which any individual and a summary of the results and any ac- with respect to the appropriateness of re- seeking to operate a covered program would tions taken; and sponse to and investigation of reports of be required to disclose all previous substan- ‘‘(7) if the Secretary determines that the child abuse and neglect at covered programs tiated reports of child abuse and neglect and State is satisfying the requirements of this and the appropriateness of legal actions all child deaths at any businesses previously subsection, in accordance with a determina- taken against responsible parties in such or currently owned or operated by such indi- tion made pursuant to subsection (c), de- cases; and vidual, except that substantiated reports of velop policies and procedures to report to the ‘‘(C) unannounced site inspections of cov- child abuse and neglect may remain con- appropriate protection and advocacy system ered programs operating in the State to fidential and all reports shall not contain any case of the death of an individual under monitor compliance with the standards re- any personally identifiable information re- the control or supervision of a covered pro- quired under section 3(a) of the Stop Child lating to the identity of individuals who gram not later than 48 hours after the State Abuse in Residential Programs for Teens Act were the victims of such child abuse and ne- is informed of such death. of 2011. ‘‘(c) SECRETARIAL DETERMINATION.—The glect; ‘‘(3) ENFORCEMENT.—If the Secretary deter- ‘‘(C) conducting unannounced site inspec- Secretary shall not determine that a State’s mines, pursuant to an evaluation under this tions not less often than once every two licensing requirements, monitoring, and en- subsection, that a State is not adequately forcement of covered programs operating in years at each location of a covered program; implementing, monitoring, and enforcing the the State satisfy the requirements of sub- ‘‘(D) creating a non-public database, to be licensing requirements of subsection (b)(1), section (b) unless— integrated with the annual State data re- the Secretary shall require, for a period of ‘‘(1) the State implements licensing re- ports required under section 106(d), of reports not less than one year, that— quirements for such covered programs that of child abuse and neglect at covered pro- ‘‘(A) the State shall inform the Secretary meet or exceed the standards required under grams operating in the State, except that of each instance there is a report to be inves- such reports shall not contain any person- subsection (b)(1); ‘‘(2) the State designates an agency to be tigated of child abuse and neglect at a cov- ally identifiable information relating to the ered program operating in the State; and identity of individuals who were the victims responsible for monitoring and enforcing compliance with such licensing require- ‘‘(B) the Secretary and the appropriate of such child abuse and neglect; and local agency shall jointly investigate such ‘‘(E) implementing a policy of graduated ments; report.’’. sanctions, including fines and suspension and ‘‘(3) the State conducts unannounced site revocation of licences, against covered pro- inspections of each location of such covered (b) AUTHORIZATION OF APPROPRIATIONS.— grams operating in the State that are out of programs not less often than once every two Section 112(a)(1) of the Child Abuse Preven- compliance with such health and safety li- years; tion and Treatment Act (42 U.S.C. censing requirements; ‘‘(4) the State creates a non-public data- 5106h(a)(1)) is amended by striking ‘‘(3) if the State is not yet satisfying the base of such covered programs, to include in- ‘‘$120,000,000’’ and all that follows through requirements of this subsection, in accord- formation on reports of child abuse and ne- the period and inserting ‘‘$235,000,000 for each ance with a determination made pursuant to glect at such programs (except that such re- of fiscal years 2012 through 2016.’’. subsection (c), develop policies and proce- ports shall not contain any personally iden- (c) CONFORMING AMENDMENTS.— dures for notifying the Secretary and the ap- tifiable information relating to the identity (1) COORDINATION WITH AVAILABLE RE- propriate protection and advocacy system of of individuals who were the victims of such SOURCES.—Section 103(c)(1)(D) of the Child any report of child abuse and neglect at a child abuse and neglect); Abuse Prevention and Treatment Act (42 covered program operating in the State not ‘‘(5) the State implements a policy of grad- U.S.C. 5104(c)(1)(D)) is amended by inserting later than 30 days after the appropriate uated sanctions, including fines and suspen- after ‘‘specific’’ the following: ‘‘(including State entity, or subdivision thereof, deter- sion and revocation of licenses against such reports of child abuse and neglect occurring mines such report should be investigated and covered programs that are out of compliance at covered programs (except that such re- not later than 48 hours in the event of a fa- with the health and safety licensing require- ports shall not contain any personally iden- tality; ments under subsection (b)(1); and tifiable information relating to the identity ‘‘(4) if the Secretary determines that the ‘‘(6) after a review of assessments con- of individuals who were the victims of such State is satisfying the requirements of this ducted under section 3(b)(1)(B) of the Stop child abuse and neglect), as such term is de- subsection, in accordance with a determina- Child Abuse in Residential Programs for fined in section 114)’’. tion made pursuant to subsection (c), de- Teens Act of 2011, the Secretary determines (2) FURTHER REQUIREMENT.—Section velop policies and procedures for notifying the State is appropriately investigating and 106(b)(1) of the Child Abuse Prevention and the Secretary if— responding to allegations of child abuse and Treatment Act (42 U.S.C. 5106a(b)(1)) is ‘‘(A) the State determines there is evidence neglect at such covered programs. amended by adding at the end the following of a pattern of violations of the standards re- ‘‘(d) OVERSIGHT.— new subparagraph: quired under paragraph (1) at a covered pro- ‘‘(1) IN GENERAL.—Beginning two years ‘‘(D) FURTHER REQUIREMENT.—To be eligi- gram operating in the State or by an owner after the date of the enactment of the Stop ble to receive a grant under this section, a or operator of such a program; or Child Abuse in Residential Programs for State shall comply with the requirements ‘‘(B) there is a child fatality at a covered Teens Act of 2011, the Secretary shall imple- under section 114(b) and shall include in the program operating in the State; ment a process for continued monitoring of State plan submitted pursuant to subpara- ‘‘(5) develop policies and procedures for es- each State that is determined to be satis- graph (A) a description of the activities the tablishing and maintaining a publicly avail- fying the licensing, monitoring, and enforce- State will carry out to comply with the re- able database of all covered programs oper- ment requirements of subsection (b), in ac- quirements under such section 114(b).’’. ating in the State, including the name and cordance with a determination made pursu- (3) ANNUAL STATE DATA REPORTS.—Section each location of each such program and the ant to subsection (c), with respect to the per- 106(d) of the Child Abuse Prevention and name of the owner and operator of each such formance of each such State regarding— Treatment Act (42 U.S.C. 5106a(d)) is amend- program, information on reports of substan- ‘‘(A) preventing child abuse and neglect at ed— tiated child abuse and neglect at such pro- covered programs operating in each such (A) in paragraph (1), by inserting before grams (except that such reports shall not State; and the period at the end the following: ‘‘(includ- contain any personally identifiable informa- ‘‘(B) enforcing the licensing standards de- ing reports of child abuse and neglect occur- tion relating to the identity of individuals scribed in subsection (b)(1). ring at covered programs (except that such who were the victims of such child abuse and ‘‘(2) EVALUATIONS.—The process required reports shall not contain any personally neglect and that such database shall include under paragraph (1) shall include in each identifiable information relating to the iden- and provide the definition of ‘substantiated’ State, at a minimum— tity of individuals who were the victims of used in compiling the data in cases that have ‘‘(A) an investigation not later than 60 such child abuse and neglect), as such term not been finally adjudicated), violations of days after receipt by the Secretary of a re- is defined in section 114)’’; and standards required under paragraph (1), and port from a State, or a subdivision thereof, (B) in paragraph (6), by inserting before the all penalties levied against such programs; of child abuse and neglect at a covered pro- period at the end the following: ‘‘or who were ‘‘(6) annually submit to the Secretary a re- gram operating in the State, and submission in the care of a covered program, as such port that includes— of findings to appropriate law enforcement term is defined in section 114’’.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE October 6, 2011 (d) CLERICAL AMENDMENT.—Section 1(b) of Amendments of 1996 established the There being no objection, the text of the Child Abuse Prevention and Treatment Drinking Water State Revolving Fund. the bill was ordered to be printed in Act (42 U.S.C. 5101 note) is amended by in- The fund helps public water systems fi- the RECORD, as follows: serting after the item relating to section 113 nance infrastructure projects needed to S. 1669 the following new item: comply with Federal safe drinking ‘‘Sec. 114. Additional eligibility require- Be it enacted by the Senate and House of Rep- water regulations. resentatives of the United States of America in ments for grants to States to But we need to do more. EPA Admin- prevent child abuse and neglect Congress assembled, at residential programs.’’. istrator Lisa Jackson told Congress SECTION 1. SHORT TITLE. SEC. 8. STUDY AND REPORT ON OUTCOMES IN that adapting to changing hydrological This Act may be cited as the ‘‘Water Infra- COVERED PROGRAMS. conditions is a ‘‘significant issue’’ that structure Resiliency and Sustainability Act (a) STUDY.—The Secretary of Health and water and waste water systems must of 2011’’. Human Services shall conduct a study, in address soon. These hydrological SEC. 2. DEFINITIONS. consultation with relevant agencies and ex- changes will likely result in ‘‘too little In this Act: perts, to examine the outcomes for children water in some places, too much water (1) ADMINISTRATOR.—The term ‘‘Adminis- in both private and public covered programs in other places, and degraded water trator’’ means the Administrator of the En- under this Act encompassing a broad rep- quality’’ in other areas across the vironmental Protection Agency. resentation of treatment facilities and geo- (2) HYDROLOGIC CONDITION.—The term ‘‘hy- graphic regions. country. drologic condition’’ means the quality, quan- (b) REPORT.—The Secretary of Health and According to a recent study by the tity, or reliability of the water resources of Human Services shall submit to the Com- National Association of Clean Water a region of the United States. mittee on Health, Education, Labor, and Agencies and the Association of Metro- (3) OWNER OR OPERATOR OF A WATER SYS- Pensions of the Senate and the Committee politan Water Agencies, the costs in TEM.— on Education and the Workforce of the dealing with this new recognized prob- (A) IN GENERAL.—The term ‘‘owner or oper- House of Representatives a report that con- lem could approach $1 trillion through ator of a water system’’ means an entity (in- tains the results of the study conducted 2050. cluding a regional, State, tribal, local, mu- under subsection (a). The Water Infrastructure Resiliency nicipal, or private entity) that owns or oper- and Sustainability Act aims to help ates a water system. By Mr. CARDIN (for himself, Mrs. (B) INCLUSIONS.—The term ‘‘owner or oper- local communities meet the challenges BOXER, and Mr. REID): ator of a water system’’ includes— S. 1669. A bill to authorize the Ad- of upgrading water infrastructure sys- (i) a non-Federal entity that has oper- ministrator of the Environmental Pro- tems to meet these hydrological ational responsibilities for a federally-, trib- tection Agency to establish a program changes. The bill directs the EPA to es- ally-, or State-owned water system; and of awarding grants to owners or opera- tablish a Water Infrastructure Resil- (ii) an entity established by an agreement between— tors of water systems to increase the iency and Sustainability, WIRS, pro- gram. Grants will be awarded to eligi- (I) an entity that owns or operates a water resiliency or adaptability of the sys- ble water systems to make the nec- system; and tems to any ongoing or forecasted essary upgrades. Communities across (II) at least 1 other entity. changes to the hydrologic conditions of (4) WATER SYSTEM.—The term ‘‘water sys- the country will be able to compete for a region of the United States; to the tem’’ means— federal matching funds, funds which in Committee on Environment and Public (A) a community water system (as defined turn will help finance projects to help Works. in section 1401 of the Safe Drinking Water communities overcome these threats. Mr. CARDIN. Mr. President, today I Act (42 U.S.C. 300f)); Improving water conservation, ad- am proud to introduce the Water Infra- (B) a treatment works (as defined in sec- justments to current infrastructure tion 212 of the Federal Water Pollution Con- structure Resiliency and Sustain- systems, and funding programs to sta- trol Act (33 U.S.C. 1292)), including a munic- ability Act of 2011 along with my col- bilize communities’ existing water sup- ipal separate storm sewer system (as such leagues, Majority Leader REID and Sen- ply are all projects WIRS grants will term is used in that Act (33 U.S.C. 1251 et ator BOXER. This legislation will allow fund. WIRS will never grant more than seq.)); (C) a decentralized wastewater treatment local communities to improve their 50 percent of any project’s cost, ensur- water infrastructure in the face of system for domestic sewage; ing cooperation between local commu- (D) a groundwater storage and replenish- changing hydrological conditions. nities and the federal government. The Improving our water infrastructure ment system; EPA will try to award funds that use (E) a system for transport and delivery of is a major challenge to my constitu- new and innovative ideas as often as water for irrigation or conservation; or ents living in Maryland and to all possible. (F) a natural or engineered system that Americans. It is no secret that Amer- A healthy water infrastructure is as manages floodwater. ica’s current water infrastructure sys- important to America’s economy as SEC. 3. WATER INFRASTRUCTURE RESILIENCY tems are in poor condition. Our water paved roads and sturdy bridges. Water AND SUSTAINABILITY. and wastewater systems have been and wastewater investment has been (a) PROGRAM.—The Administrator shall es- given a D-, the lowest possible grade. tablish and implement a program, to be shown to spur economic growth. The known as the ‘‘Water Infrastructure Resil- In the United States, close to 250,000 U.S. Conference of Mayors has found water mains wasting 1.7 trillion gallons iency and Sustainability Program’’, under that for every dollar invested in water which the Administrator shall award grants of water break each year. infrastructure, the Gross Domestic for each of fiscal years 2012 through 2016 to Unfortunately, Marylanders have ex- Product is increased to more than $6. owners or operators of water systems for the perienced this crisis first hand. In July The Department of Commerce has purpose of increasing the resiliency or adapt- of this year, a water main break in found that that same dollar yields ability of the water systems to any ongoing Cumberland, Maryland, caused close to close to $3 worth of economic output in or forecasted changes (based on the best $300,000 in damage to a local, family- other industries. Every job created in available research and data) to the hydro- logic conditions of a region of the United owned business. Last January, a Prince local water and sewer industries cre- George’s County water main break States. ates close to four jobs elsewhere in the (b) USE OF FUNDS.—As a condition on re- shut down a portion of the Capital national economy. ceipt of a grant under this Act, an owner or Beltway, closed local businesses and This legislation would create jobs operator of a water system shall agree to use schools, and required 400,000 residents throughout the economy today, while the grant funds exclusively to assist in the to boil their drinking water to ensure helping water and wastewater systems planning, design, construction, implementa- its safety. make improvements to keep water tion, operation, or maintenance of a program The EPA has estimated that tradi- clean and safe for tomorrow. I believe or project that meets the purpose described tional necessary repairs and replace- that by investing in water infrastruc- in subsection (a) by— ment costs over the next twenty years ture, we can make progress for the (1) conserving water or enhancing water use efficiency, including through the use of will cost over $600 billion. American people on both jobs and water metering and electronic sensing and We, as a Congress, have stepped up in clean, safe water. control systems to measure the effectiveness the past to assist communities in fix- Mr. President, I ask unanimous con- of a water efficiency program; ing aging water infrastructure sys- sent that the text of the bill be printed (2) modifying or relocating existing water tems. The Safe Water Drinking Act in the RECORD. system infrastructure made or projected to

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6339 be significantly impaired by changing hydro- (2) provides the best available research or (B) not include any other amount that the logic conditions; data that demonstrate— water system involved receives from the (3) preserving or improving water quality, (A) the risk to the water resources or in- Federal Government. including through measures to manage, re- frastructure of the water system as a result (f) REPORT TO CONGRESS.—Not later than 3 duce, treat, or reuse municipal stormwater, of ongoing or forecasted changes to the years after the date of enactment of this wastewater, or drinking water; hydrological system of a region, including Act, and every 3 years thereafter, the Ad- (4) investigating, designing, or con- rising sea levels and changes in precipitation ministrator shall submit to Congress a re- structing groundwater remediation, recycled patterns; and port that— water, or desalination facilities or systems (B) the manner in which the proposed pro- (1) describes the progress in implementing to serve existing communities; gram, strategy, or infrastructure improve- this Act; and (5) enhancing water management by in- ment would perform under the anticipated (2) includes information on project applica- creasing watershed preservation and protec- hydrologic conditions; tions received and funded annually under tion, such as through the use of natural or (3) describes the manner in which the pro- this Act. engineered green infrastructure in the man- posed program, strategy, or infrastructure SEC. 4. AUTHORIZATION OF APPROPRIATIONS. agement, conveyance, or treatment of water, improvement is expected— (a) IN GENERAL.—There is authorized to be wastewater, or stormwater; (A) to enhance the resiliency of the water appropriated to carry out this Act $50,000,000 (6) enhancing energy efficiency or the use system, including source water protection for each of fiscal years 2012 through 2016. and generation of renewable energy in the for community water systems, to the antici- (b) REDUCTION OF FLOOD DAMAGE, RISK, AND management, conveyance, or treatment of pated hydrologic conditions; or VULNERABILITY.—Of the amount made avail- water, wastewater, or stormwater; (B) to increase efficiency in the use of en- able to carry out this Act for a fiscal year, (7) supporting the adoption and use of ad- ergy or water of the water system; and not more than 20 percent may be made avail- vanced water treatment, water supply man- (4) describes the manner in which the pro- able to grantees for activities described in agement (such as reservoir reoperation and posed program, strategy, or infrastructure subsection (b)(10). water banking), or water demand manage- improvement is consistent with an applica- ment technologies, projects, or processes ble State, tribal, or local climate adaptation By Mr. CARDIN (for himself, Mr. (such as water reuse and recycling, adaptive plan, if any. BLUMENTHAL, Mr. DURBIN, Mrs. conservation pricing, and groundwater bank- (d) PRIORITY.— GILLIBRAND, Mr. KERRY, Mr. (1) WATER SYSTEMS AT GREATEST AND MOST ing) that maintain or increase water supply LAUTENBERG, Mr. LEVIN, Mr. or improve water quality; IMMEDIATE RISK.—In selecting grantees under MENENDEZ, Ms. MIKULSKI, and (8) modifying or replacing existing systems this Act, subject to section 4(b), the Admin- or constructing new systems for existing istrator shall give priority to owners or oper- Ms. STABENOW): communities or land that is being used for ators of water systems that are, based on the S. 1670. A bill to eliminate racial agricultural production to improve water best available research and data, at the profiling by law enforcement, and for supply, reliability, storage, or conveyance in greatest and most immediate risk of facing other purposes; to the Committee on a manner that— significant negative impacts due to changing the Judiciary. (A) promotes conservation or improves the hydrologic conditions. Mr. CARDIN. Mr. President, today I efficiency of use of available water supplies; (2) GOALS.—In selecting among applicants am introducing legislation in the Sen- and described in paragraph (1), the Administrator ate that would prohibit the use of ra- (B) does not further exacerbate stresses on shall ensure that, to the maximum extent ecosystems or cause redirected impacts by practicable, the final list of applications cial profiling by Federal, State, or degrading water quality or increasing net funded for each year includes a substantial local law enforcement agencies. The greenhouse gas emissions; number that propose to use innovative ap- End Racial Profiling Act, ERPA, had (9) supporting practices and projects, such proaches to meet 1 or more of the following been introduced in previous Congresses as improved irrigation systems, water bank- goals: by former Senator Russ Feingold of ing and other forms of water transactions, (A) Promoting more efficient water use, Wisconsin and I am proud to follow his groundwater recharge, stormwater capture, water conservation, water reuse, or recy- example. I want to thank Senators groundwater conjunctive use, and reuse or cling. BLUMENTHAL, DURBIN, GILLIBRAND, recycling of drainage water, to improve (B) Using decentralized, low-impact devel- water quality or promote more efficient opment technologies and nonstructural ap- KERRY, LAUTENBERG, LEVIN, MENENDEZ, water use on land that is being used for agri- proaches, including practices that use, en- MIKULSKI, and STABENOW for joining cultural production; hance, or mimic the natural hydrological me as original co-sponsors of this legis- (10) reducing flood damage, risk, and vul- cycle or protect natural flows. lation. nerability by— (C) Reducing stormwater runoff or flooding Racial profiling is ineffective. The (A) restoring floodplains, wetland, and up- by protecting or enhancing natural eco- more resources that are spent inves- land integral to flood management, protec- system functions. tigating individuals solely because of tion, prevention, and response; (D) Modifying, upgrading, enhancing, or re- their race or religion, the fewer re- (B) modifying levees, floodwalls, and other placing existing water system infrastructure structures through setbacks, notches, gates, in response to changing hydrologic condi- sources are being directed at suspects removal, or similar means to facilitate re- tions. actually demonstrating illegal behav- connection of rivers to floodplains, reduce (E) Improving water quality or quantity ior. Former DHS Secretary Michael flood stage height, and reduce damage to for agricultural and municipal uses, includ- Chertoff stated in response to ques- properties and populations; ing through salinity reduction. tions about the December 2001 bomb at- (C) providing for acquisition and easement (F) Providing multiple benefits, including tempt by Richard Reid that ‘‘the prob- of flood-prone land and properties in order to to water supply enhancement or demand re- lem is that the profile many people reduce damage to property and risk to popu- duction, water quality protection or im- think they have of what a terrorist is lations; or provement, increased flood protection, and (D) promoting land use planning that pre- ecosystem protection or improvement. doesn’t fit the reality . . . and in fact, vents future floodplain development; (e) COST-SHARING REQUIREMENT.— one of the things the enemy does is to (11) conducting and completing studies or (1) FEDERAL SHARE.—The share of the cost deliberately recruit people who are assessments to project how changing hydro- of any program, strategy, or infrastructure Western in background or in appear- logic conditions may impact the future oper- improvement that is the subject of a grant ance, so that they can slip by people ations and sustainability of water systems; awarded by the Administrator to the owner who might be stereotyping.’’ or or operator of a water system under sub- Racial profiling diverts scarce re- (12) developing and implementing measures section (a) paid through funds distributed sources from real law enforcement. In under this Act shall not exceed 50 percent of to increase the resilience of water systems my own state of Maryland, in the and regional and hydrological basins, includ- the cost of the program, strategy, or infra- ing the Colorado River Basin, to rapid hydro- structure improvement. 1990’s, the ACLU brought a class-action logic change or a natural disaster (such as (2) CALCULATION OF NON-FEDERAL SHARE.— lawsuit against the Maryland State Po- tsunami, earthquake, flood, or volcanic erup- In calculating the non-Federal share of the lice for illegally targeting African- tion). cost of a program, strategy, or infrastruc- American motorists for stops and (c) APPLICATION.—To seek a grant under ture improvement proposed by a water sys- searches along Maryland’s highways. this Act, the owner or operator of a water tem in an application submitted under sub- The parties ultimately entered into a system shall submit to the Administrator an section (c), the Administrator shall— federal court consent decree in 2003 in application that— (A) include the value of any in-kind serv- (1) includes a proposal for the program, ices that are integral to the completion of which they made a joint statement strategy, or infrastructure improvement to the program, strategy, or infrastructure im- that emphasized in part ‘‘the need to be planned, designed, constructed, imple- provement, including reasonable administra- treat motorists of all races with re- mented, or maintained by the water system; tive and overhead costs; and spect, dignity, and fairness under the

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.038 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE October 6, 2011 law is fundamental to good police work law and its prohibitions. It creates pro- ence of an invasive pest or disease. For and a just society. The parties agree cedures for receiving, investigating, example, Japan continues to ban the that racial profiling is unlawful and and resolving complaints about racial importation of fresh potatoes from undermines public safety by alienating profiling. It would apply equally to Idaho due to a 2006 outbreak of Potato communities ‘‘ Federal, State, and local law enforce- Cyst Nematode in the State. A re- Racial profiling demonizes entire ment, which creates consistent stand- search team comprised of biologists communities and perpetuates negative ards at all levels of government. and economists from U.S. and Cana- stereotypes based on an individual’s The vast majority of our law enforce- dian universities and the U.S. Forest race, ethnicity, or religion. Earlier this ment officials that put their lives on Service published a study last month year, I spoke out on the Senate floor the line every day handle their jobs finding that invasive wood-boring and in the Senate Judiciary Committee with professionalism, diligence, and fi- pests, such as the emerald ash borer to share my thoughts on the hearings delity to the rule of law. However, Con- and the asian longhorned beetle, cost held in the House of Representatives gress and the Justice Department can homeowners an estimated $830 million entitled ‘‘The Extent of Radicalization still take further steps to prohibit ra- a year in lost property values and cost in the American Muslim Community cial profiling and root out its use. I local governments an estimated $1.7 and that Community’s Response’’ look forward to working with my col- billion a year as a result of damaged chaired by Congressman PETER KING. leagues to enact this legislation. trees and woodlands. Worst of all, ac- This hearing served only to fan flames cording to the U.S. Government Ac- of fear and division. This spectacle By Mr. AKAKA (for himself and countability Office, the accidental or crossed the line and chipped away at Mrs. FEINSTEIN): deliberate introduction of a foreign dis- the religious freedoms and civil lib- S. 1673. A bill to establish the Office ease, such as avian influenza or foot- erties we hold so dearly. Radicalization of Agriculture Inspection within the and-mouth disease, would likely result may be the appropriate subject of a Department of Homeland Security, in catastrophic economic losses for our Congressional hearing but not when it which shall be headed by the Assistant Nation and take lives. In light of the current and potential is limited to one religion. When that is Commissioner for Agriculture Inspec- staggering economic costs of invasive done, it sends the wrong message to tion, and for other purposes; to the species—which fall on businesses, tax- the public and casts a religion with un- Committee on Homeland Security and Governmental Affairs. payers, and local governments that founded suspicions. have no way to avoid the harm it is I agree with Attorney General Hold- Mr. AKAKA. Mr. President, I rise clear that focusing on prevention, spe- er’s remarks to the American-Arab today to introduce the Safeguarding American Agriculture Act of 2011, with cifically improving agricultural import Anti-Discrimination Committee, where and entry inspection operations at our Senator FEINSTEIN. he stated that ‘‘in this nation, security ports of entry, is a very cost-effective and liberty are—at their best—part- With the recent ten-year anniversary of the September 11 terrorist attacks, strategy. ners, not enemies, in ensuring safety Of course, economic costs are just it is appropriate to reflect on the sig- and opportunity for all . . . I’ve spoken one aspect of the severe consequences nificant changes our country has un- to Arab-Americans who feel that they that can result from foreign pests and dertaken to strengthen our homeland have not been afforded the full rights— disease slipping through our ports. In defenses. We must examine how well or, just as important, the full respon- my home State of Hawai’i, which is we are protecting the American people sibilities—of their citizenship. They home to more endangered species per tell me that, too often, it feels like ‘us and our way of life today, and, where square mile than any other area on the versus them.’ That is intolerable . . . vulnerabilities remain, take decisive planet, invasive species and disease In this Nation, the document that sets action to bolster our defenses. The act could permanently devastate our frag- forth the supreme law of the land—the we introduce today does just this, by ile ecosystem. In many regions of the Constitution—is meant to empower, seeking to strengthen our Nation’s ag- country, invasive species threaten na- not exclude . . . Racial profiling is ricultural import and entry inspection tive fish prized by fisherman, and de- wrong. It can leave a lasting scar on functions to better safeguard American stroy wetlands that support waterfowl communities and individuals. And it is, agriculture and natural resources hunting. Even an important part of our quite simply, bad policing—whatever against foreign pests and disease. American tradition and pastime, base- city, whatever state.’’ Invasive species arrive at U.S. ports ball, is at stake. For the past 127 years Using racial profiling makes it less of entry every day, often hidden in the in Kentucky, Louisville Slugger, the likely that certain affected commu- wooden crates, pallets, and shipping world’s largest and oldest maker of nities will voluntarily cooperate with containers used to transport agricul- baseball bats, has manufactured high law enforcement and community polic- tural cargo, or concealed in the im- quality baseball bats from northern ing efforts. Minorities living and work- ported goods themselves. Failure to de- white ash trees harvested in Pennsyl- ing in these communities may also feel tect and intercept these non-native vania and New York. However, the discouraged from travelling freely, and pests and diseases imposes serious eco- company is very concerned that the de- it corrodes the public’s trust in govern- nomic and social costs on all Ameri- structive emerald ash borer beetle, ment. cans. which has already destroyed millions The bill I am introducing today, the The U.S. Department of Agriculture of ash trees in several States, including End Racial Profiling Act, would build estimates that foreign pests and dis- Michigan, Wisconsin, Ohio, Pennsyl- on Department of Justice’s current ease already cost the U.S. economy vania, and New York, could lead to the ‘‘Guidance Regarding the Use of Race tens of billions of dollars annually in extinction of northern white ash trees, by Federal Law Enforcement Agen- lower crop values, eradication pro- preventing Louisville Slugger from cies’’ issued in 2003. This official DOJ grams, emergency payments to farm- providing future generations with the guidance certainly was a step forward, ers, and increased costs for food and company’s famous ash bats. but it does not have adequate provi- other natural resources. The invasive Following the attacks of September sions for data collection and enforce- asian stink bug, for example, is rav- 11, Congress passed the Homeland Se- ment for state and local agencies. The aging mid-Atlantic crops, often de- curity Act of 2002, which unified Fed- DOJ guidance also does not have the stroying significant portions of apple, eral customs, immigration, and agri- force of law. peach, blackberry, raspberry, straw- culture inspection officers under the ERPA would prohibit the use of ra- berry, tomato, pepper, sweet corn, and new U.S. Department of Homeland Se- cial profiling by Federal, State, or soybean harvests. The bug continues to curity. The decision to transfer front- local law enforcement agencies. The spread despite ongoing Federal, State, line agricultural import and entry in- bill clearly defines racial profiling to and local eradication efforts. Invasive spection functions from the Depart- include race, ethnicity, national origin, species threaten our competitiveness ment of Agriculture’s Animal and or religion as protected classes. It re- in international trade when trading Plant Health Inspection Service, or quires training of law enforcement offi- partners decide to stop importing U.S. APHIS, into the Department of Home- cers to ensure that they understand the agricultural products due to the pres- land Security’s Customs and Border

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.065 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6341 Protection, or CBP, was a controver- semination and implementation of ag- tion technicians may be promoted to cus- sial decision. ricultural policy at the ports is ulti- toms and border protection agriculture spe- I have long been concerned that the mately at the discretion of CBP Offi- cialists. transfer resulted in significant disrup- ‘‘(c) EDUCATION, TRAINING, AND EXPERI- cers who typically do not have agri- ENCE.—The Secretary, acting through the tions to the agriculture mission and culture expertise and are primarily fo- Commissioner of U.S. Customs and Border undermined the effectiveness of agri- cused on the critical mission of pre- Protection, and in consultation with the As- cultural inspections. Other Members of venting terrorists and terrorist weap- sistant Commissioner for Agriculture Inspec- Congress have expressed similar con- ons from entering the country. tion, shall provide customs and border pro- cerns, and there have even been efforts To maintain a highly skilled and mo- tection agriculture specialists the oppor- to remove agricultural inspection re- tivated agriculture specialist work- tunity to acquire the education, training, sponsibilities from the Department of and experience necessary to qualify for pro- force, the Act would require CBP to motion within U.S. Customs and Border Pro- Homeland Security and return them to create a comprehensive agriculture tection. the Department of Agriculture. specialist career track that identifies ‘‘(d) AGRICULTURE SPECIALIST RECRUITMENT While I understand these sentiments, appropriate career paths and ensures AND RETENTION.—Not later than 270 days as Chairman of the Subcommittee on that agriculture specialists receive the after the date of the enactment of the Safe- Oversight of Government Management, training, experience, and assignments guarding American Agriculture Act of 2011, I understand that such drastic reorga- necessary for successful career. The the Secretary, acting through the Commis- nizations are often costly and disrup- sioner of U.S. Customs and Border Protec- bill also would require CBP to develop tion, and in consultation with the Assistant tive. In light of our Nation’s fiscal plans to improve agriculture specialist Commissioner for Agriculture Inspection, challenges, I have concluded it is most recruitment and retention and to make shall develop a plan to more effectively re- efficient and effective to focus on sure agriculture specialists have the cruit and retain qualified customs and bor- strengthening the agricultural inspec- necessary equipment and resources to der protection agriculture specialists. The tion mission within CBP, which in re- effectively carry out their mission. plan shall include— cent years, has made meaningful To strengthen critical working rela- ‘‘(1) numerical goals for recruitment and progress in stabilizing the agency’s ag- tionships and promote interagency ex- retention; and ricultural import and entry inspection ‘‘(2) the use of recruitment incentives, as perience, the Act would authorize the appropriate and permissible under existing operations. Secretary of Homeland Security and laws and regulations. The Safeguarding American Agri- the Secretary of Agriculture to estab- ‘‘(e) EQUIPMENT SUPPORT.—Not later than culture Act seeks to build upon these lish an interagency rotation program 270 days after the date of the enactment of gains and fully achieve important for CBP and APHIS personnel. the Safeguarding American Agriculture Act measures of success identified in the Taken together, the enhancements of 2011, the Commissioner of U.S. Customs June 2007 Report of the APHIS-CBP contained in the Safeguarding Amer- and Border Protection, in consultation with Joint Task Force on Improved Agri- the Assistant Commissioner for Agriculture ican Agriculture Act of 2011 would ele- Inspection, shall— culture Inspection, which stated ‘‘Suc- vate the stature of the agriculture mis- ‘‘(1) determine the minimum equipment cess will be accomplished when the ag- sion in CBP to match the magnitude of and other resources that are necessary at riculture function within CBP is posi- the challenge posed by invasive pests U.S. Customs and Border Protection agri- tioned prominently throughout the or- and disease. I strongly urge my col- culture inspection stations and facilities to ganization. The potential introduction leagues to support this important leg- enable customs and border protection agri- of plant and animal pest and diseases islation. culture specialists to fully and effectively will be regarded with the same fervor Mr. President, I ask unanimous con- carry out their mission; ‘‘(2) complete an inventory of the equip- as all other mission areas within CBP.’’ sent that the text of the bill be printed The Act would enhance the priority ment and other resources available at each in the RECORD. U.S. Customs and Border Protection agri- of, and accountability for, the agri- There being no objection, the text of culture inspection station and facility; culture mission by establishing within the bill was ordered to be printed in ‘‘(3) identify the necessary equipment and CBP an Office of Agriculture Inspec- the RECORD, as follows: other resources that are not currently avail- tion led by an Assistant Commissioner S. 1673 able at agriculture inspection stations and responsible for improving agricultural facilities; and Be it enacted by the Senate and House of Rep- ‘‘(4) develop a plan to address any resource inspections across the Nation. This resentatives of the United States of America in provision would improve efficiency and deficiencies identified under paragraph (3). Congress assembled, ‘‘(f) INTERAGENCY ROTATION PROGRAM.—The coordination by unifying agriculture SECTION 1. SHORT TITLE. Secretary of Homeland Security and the Sec- policy development with agriculture This Act may be cited as the ‘‘Safe- retary of Agriculture are authorized to enter operations. An agricultural chain of guarding American Agriculture Act of 2011’’. into an agreement that— command that extends from the Assist- SEC. 2. ESTABLISHMENT OF THE OFFICE OF AG- ‘‘(1) establishes an interagency rotation ant Commissioner for Agriculture In- RICULTURE INSPECTION. program; and spection to frontline agriculture spe- Title IV of the Homeland Security Act of ‘‘(2) provides for personnel of the Animal cialists at the ports would also effec- 2002 (6 U.S.C. 201 et seq.) is amended by in- and Plant Health Inspection Service of the tively address a key issue the task serting after section 421 the following: Department of Agriculture to take rota- ‘‘SEC. 421a. OFFICE OF AGRICULTURE INSPEC- tional assignments within the Office of Agri- force identified in its 2007 report: TION. culture Inspection and vice versa for the pur- ‘‘Management and leadership infra- ‘‘(a) ESTABLISHMENT.—There is established poses of strengthening working relationships structure supporting the agriculture within U.S. Customs and Border Protection between agencies and promoting interagency mission in CBP should be staffed and an Office of Agriculture Inspection, which experience.’’. empowered at levels equivalent to shall be headed by an Assistant Commis- SEC. 3. REPORT. other functional mission areas in sioner. Not later than 270 days after the date of CBP.’’ ‘‘(b) AGRICULTURE SPECIALIST CAREER the enactment of this Act, the Secretary, Under the present organizational TRACK.— acting through the Commissioner of U.S. structure, the Deputy Executive Direc- ‘‘(1) IN GENERAL.—The Secretary, acting Customs and Border Protection, and in con- through the Commissioner of U.S. Customs sultation with the Assistant Commissioner tor for CBP’s office of Agriculture and Border Protection, and in consultation for Agriculture Inspection, shall submit a re- Operational Oversight within the office with the Assistant Commissioner for Agri- port to the Committee on Homeland Secu- of Agriculture Programs and Trade Li- culture Inspection— rity and Governmental Affairs of the Senate aison, which falls under the Office of ‘‘(A) shall identify appropriate career and that Committee on Homeland Security Field Operations, is responsible for im- paths for customs and border protection ag- of the House of Representatives that de- proving oversight of the agricultural riculture specialists, including the edu- scribes— mission across all CBP field offices by cation, training, experience, and assign- (1) the status of the implementation of the ensuring a more consistent application ments necessary for career progression with- action plans developed by the Animal and in U.S. Customs and Border Protection; Plant Health Inspection Service-U.S. Cus- of agriculture inspection policy. How- ‘‘(B) shall publish information on the ca- toms and Border Protection Joint Task ever, the Deputy Executive Director reer paths identified under paragraph (1); and Force on Improved Agriculture Inspection; lacks operational authority over the ‘‘(C) may establish criteria by which appro- (2) the findings of the Commissioner under agriculture mission. Moreover, the dis- priately qualified customs and border protec- paragraphs (1), (2), and (3) of section 421a(e)

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.064 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE October 6, 2011 of the Homeland Security Act of 2002, as engage in sustained professional learn- Development; National Association of added by section 2; and ing that is regularly evaluated for its Elementary School Principals; Na- (3) the plan described in paragraph (4) of impact on classroom practice and stu- tional Association of Secondary School such section 421a(e). dent achievement. Effective profes- Principals; National Board for Profes- (4) the implementation of the remaining requirements under such section 421a; and sional development is collaborative, sional Teaching Standards; Learning (5) any additional legal authority that the job-embedded, and data-driven. Forward; and the New Teacher Center. Secretary determines to be necessary to ef- It is also clear that evaluation sys- I thank them for their input and sup- fectively carry out the agriculture inspec- tems have an important role to play in port for the bill. tion mission of the Department of Homeland teacher and principal development. I urge my colleagues to cosponsor the Security. Through Race to the Top and other ini- Effective Teaching and Leading Act tiatives many states and school sys- and work for its inclusion in the up- By Mr. REED: tems are focusing on reforming their S. 1674. A bill to improve teacher coming reauthorization of the Elemen- evaluation systems. When evaluation is tary and Secondary Education Act. quality, and for other purposes; to the done right, it provides teachers and Mr. President, I ask unanimous con- Committee on Health, Education, principals with individualized ongoing sent that this bill be printed in the Labor, and Pensions. feedback on their strengths and weak- RECORD. Mr. REED. Mr. President, today I in- nesses and offers a path to improve- troduce the Effective Teaching and ment. The Effective Teaching and There being no objection, the text of Leading Act to foster the development Leading Act would require school dis- the bill was ordered to be printed in of highly skilled and effective edu- tricts to establish rigorous, fair, and the RECORD, as follows: cators. transparent evaluation systems that S. 1674 We are working towards reauthor- use multiple measures, including izing the Elementary and Secondary Be it enacted by the Senate and House of Rep- growth in student achievement. resentatives of the United States of America in Education Act—ESEA—this Congress Principals and school leaders also Congress assembled, for the first time since 2001. One of my have a critical role to play in leading SECTION 1. SHORT TITLE. highest priorities for reauthorization is school improvement efforts and man- to build the capacity of our Nation’s This Act may be cited as the ‘‘Effective aging a collaborative culture of ongo- Teaching and Leading Act’’. schools to enhance the effectiveness of ing professional learning and develop- teachers, principals, school librarians, ment. Research has shown that leader- SEC. 2. FINDINGS AND PURPOSES. and other school leaders. ship is second only to classroom in- (a) FINDINGS.—Congress finds the fol- Decades of research have dem- struction among school-related factors lowing: onstrated that improving educator and (1) Teacher quality is the single most im- that influence student outcomes. As portant in-school factor influencing student principal quality as well as greater such, this bill would provide ongoing family involvement are the keys to learning and achievement. high-quality professional development (2) A report by William L. Sanders and raising student achievement and turn- to principals and school leaders, in- June C. Rivers showed that if 2 average 8- ing around struggling schools. To cluding multi-year induction and men- year-old students were given different teach- strengthen teaching and school leader- toring for new administrators. ers, 1 of them a high performer, the other a ship, the Effective Teaching and Lead- Recognizing the importance of cre- low performer, the students’ performance di- ing Act would amend Title II of the El- ating career advancement and leader- verged by more than 50 percentile points ementary and Secondary Education ship opportunities for teachers, the Ef- within 3 years. (3) A similar study by Heather Jordan, Act, ESEA, to provide targeted assist- fective Teaching and Leading Act sup- ance to schools to develop and support Robert Mendro, and Dash Weerasinghe ports opportunities for teachers to showed that the performance gap between effective teachers, school librarians, serve as mentors, instructional coach- students assigned 3 effective teachers in a principals, and school leaders through es, or master teachers, or take on in- row, and those assigned 3 ineffective teach- implementation of comprehensive in- creased responsibility for professional ers in a row, was 49 percentile points. duction, professional development, and development, curriculum, or school im- (4) In Boston, research has shown that stu- evaluation systems. provement activities and calls for sig- dents placed with high-performing mathe- Every year across the country thou- nificant and sustainable stipends for matics teachers made substantial gains, while students placed with the least effective sands of teachers leave the profession— teachers that take on these new roles many within their first years of teach- teachers regressed and their mathematics and responsibilities. scores decreased. ing. A report by the National Commis- The bill also addresses working con- (5) McKinsey & Company found that stud- sion on Teaching and America’s Future ditions that are so critical for effective ies that take into account all of the avail- has estimated that the nationwide cost teaching. Under the legislation, dis- able evidence on teacher effectiveness sug- of replacing public school teachers who tricts would conduct surveys of the gest that students placed with high-per- have dropped out of the profession is working and learning conditions edu- forming teachers will progress 3 times as fast $7.3 billion annually. cators face so this data could be used as those placed with low-performing teach- Fortunately, we have some proven to better target investments and sup- ers. strategies to support teachers that will (6) A 2003 study by Richard Ingersoll found port. that new teachers, not just those in hard-to- keep them in our schools. Evidence has Improving teaching and school lead- staff schools, face such challenging working shown that providing new teachers ership is not simply a matter of sorting conditions that nearly one-half leave the with comprehensive mentoring and the good teachers and principals from profession within their first 5 years, one- support during their two years reduces the bad. What is needed is a com- third leave within their first 3 years, and 14 teacher attrition by as much as half prehensive and integrated approach percent leave by the end of their first year. and increases student learning gains. that supports new teachers and leaders (7) A report by the National Commission The Effective Teaching and Leading as they enter the profession; provides on Teaching and America’s Future estimated Act would help schools implement the that the nationwide cost of replacing public on-going professional development that school teachers who have dropped out of the key elements of effective multi-year helps them improve and their students profession is $7,300,000,000 annually. mentoring and induction for beginning to achieve; and that fairly assesses per- (8) A randomized controlled trial of com- teachers. formance and provides feedback for im- prehensive teacher induction, sponsored by The bill also significantly revises provement. This is the approach taken the Institute of Education Sciences found ESEA’s current definition of ‘‘profes- by the Effective Teaching and Leading that beginning teachers who received 2 years sional development’’ to foster an ongo- Act. of induction support produced greater stu- ing culture of teacher, principal, school I worked with a range of education dent learning gains as a result, the equiva- librarian, and staff collaboration organizations in developing this bill, lent of a student moving from the 50th to 58th percentile in mathematics achievement throughout schools. All too often cur- including the American Federation of and from the 50th to 54th percentile in read- rent professional development still Teachers; American Association of Col- ing achievement. consists of isolated, check-the-box ac- leges for Teacher Education; Associa- (9) Research by Thomas Smith, Richard In- tivities instead of helping educators tion for Supervision and Curriculum gersoll, Michael Strong, Anthony Villar, and

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DEFINITIONS. Hammond, Ruth Chung Wei, Alethea Andree, ing teachers who become highly qualified Nikole Richardson, and Stelios Orphanos Section 9101 of the Elementary and Sec- through State and local alternative routes to found that— ondary Education Act of 1965 (20 U.S.C. 7801) certification or licensure.’’; (A) a set of programs that offered substan- is amended— (2) by adding at the end the following: tial contact hours of professional develop- (1) by striking paragraph (34) and inserting ‘‘(44) EVIDENCE OF CLASSROOM PRACTICE.— ment (ranging from 30 to 100 hours in total) the following: The term ‘evidence of classroom practice’ spread over 6 to 12 months showed a positive ‘‘(34) PROFESSIONAL DEVELOPMENT.—The means evidence of practice gathered from a and significant effect on student achieve- term ‘professional development’ means com- classroom through multiple formats and ment gains; and prehensive, sustained, and intensive support, sources, including some or all of the fol- (B) intensive professional development, es- provided for teachers, principals, school li- lowing: pecially when it includes applications of brarians, other school leaders, and other in- ‘‘(A) Demonstration of effective teaching knowledge to teachers’ planning and instruc- structional staff, that— skills. tion, has a greater chance of influencing ‘‘(A) fosters collective responsibility for ‘‘(B) Classroom observations based on rig- teacher practices, and in turn, leading to improved student learning; orous teacher performance standards or ru- gains in student learning, and such intensive ‘‘(B) is designed and implemented in a brics. professional development has shown a posi- manner that increases teacher, principal, ‘‘(C) Student work. tive and significant effect on student school librarian, other school leader, para- ‘‘(D) Teacher portfolios. achievement gains, in some cases by approxi- professional, and other instructional staff ef- ‘‘(E) Videos of teacher practice. mately 21 percentile points. (11) Teachers can acquire and use new fectiveness in improving student learning ‘‘(F) Lesson plans. knowledge and skills in their instruction and strengthening classroom practice; ‘‘(G) Information on the extent to which when provided with adequate opportunities ‘‘(C) analyzes and uses— the teacher collaborates and shares best to learn, according to ‘‘Student Achievement ‘‘(i) real-time data and information col- practices with other teachers and instruc- Through Staff Development’’ published by lected from— tional staff. ASCD, which found that more than 90 per- ‘‘(I) evidence of student learning; ‘‘(H) Information on the teacher’s success- cent of participants attained skill pro- ‘‘(II) evidence of classroom practice; and ful use of research and data. ficiency if it includes theory presentation, ‘‘(III) the State’s longitudinal data system; ‘‘(I) Parent, student, and peer feedback. demonstration, practice, and peer coaching. and ‘‘(45) EVIDENCE OF STUDENT LEARNING.—The (12) Recent reports from the Center for ‘‘(ii) other relevant data collected by the term ‘evidence of student learning’ means— American Progress, Education Sector, Hope school or local educational agency; ‘‘(A) valid and reliable data on student Street Group, and the New Teacher Project ‘‘(D) is aligned with— learning, which shall include data based on have collectively demonstrated the signifi- ‘‘(i) rigorous State student academic student learning gains on State student aca- cant flaws in current teacher evaluation and achievement standards developed under sec- demic assessments under section 1111(b)(3) implementation, and the necessity for rede- tion 1111(b)(1); and other State student academic achieve- signing these systems and linking such eval- ‘‘(ii) related academic and school improve- ment assessments, where available; and uation to individualized feedback and sub- ment goals of the school, local educational ‘‘(B) other evidence of student learning, in- stantive targeted support in order to ensure agency, and statewide curriculum; cluding some or all of the following: effective teaching. ‘‘(iii) statewide and local curricula; and ‘‘(i) Student work, including measures of (13) Research by Kenneth Leithwood, ‘‘(iv) rigorous standards of professional performance criteria and evidence of student Karen Seashore Louis, Stephen Anderson, practice and development; growth. and Kyla Wahlstrom found that— ‘‘(E) includes frequently scheduled, signifi- ‘‘(ii) Teacher-generated information about (A) leadership is second only to classroom cant blocks of time during the regular school student goals and growth. instruction among school-related factors day among established collaborative teams ‘‘(iii) Parental feedback about student that influence student outcomes; and of teachers, principals, school librarians, goals and growth. (B) direct and indirect leadership effects other school leaders, and other instructional ‘‘(iv) Formative assessments. account for about one-quarter of total school staff, by grade level and content area (to the ‘‘(v) Summative assessments. effects on student learning. extent applicable and practicable), which ‘‘(vi) Objective performance-based assess- (14) Research by Charles Clotfelter, Helen teams engage in a continuous cycle of profes- ments. Ladd, Kenneth Leithwood, Anthony sional learning and improvement that— ‘‘(vii) Assessments of affective engagement Milanowski, and the New Teacher Center has ‘‘(i) identifies, reviews, and analyzes— and self-efficacy. shown that the quality of working condi- ‘‘(I) evidence of student learning; and ‘‘(46) LOWEST ACHIEVING SCHOOL.—The term tions, particularly supportive school leader- ‘‘(II) evidence of classroom practice; ‘lowest achieving school’ means a school ship, impacts student academic achievement ‘‘(ii) defines a clear set of educator learn- served by a local educational agency that— and teacher recruitment, retention, and ef- ing goals to improve student learning and ‘‘(A) is failing to make adequate yearly fectiveness. strengthen classroom practice based on the progress as described in section 1111(b)(2), for (15) Since 1965, more than 60 education and rigorous analysis of evidence of student the greatest number of subgroups described library studies have produced clear evidence learning and evidence of classroom practice; in section 1111(b)(2)(C)(v) and by the greatest that school libraries staffed by qualified li- ‘‘(iii) develops and implements coherent, margins, as compared to the other schools brarians have a positive impact on student sustained, and evidenced-based professional served by the local educational agency; and academic achievement, with a recent anal- development strategies to meet such goals ‘‘(B) in the case of a secondary school, has ysis of reading scores from 2004–2009 showing (including through instructional coaching, a graduation rate of less than 65 percent. that fewer librarians translated to lower per- lesson study, and study groups organized at ‘‘(47) SCHOOL LEADER.—The term ‘school formance, or a slower rise in scores, on the school, team, or individual levels); leader’ means an individual who— standardized tests. ‘‘(iv) provides learning opportunities for ‘‘(A) is an employee or officer of a school; (b) PURPOSES.—The purposes of this Act teachers to collectively develop and refine and are to build capacity for developing effective student learning goals and the teachers’ in- ‘‘(B) is responsible for— teachers and principals in our Nation’s structional practices and the use of forma- ‘‘(i) the school’s performance; and schools through— tive assessment; ‘‘(ii) the daily instructional and manage- (1) the redesign of teacher and principal ‘‘(v) provides an effective mechanism to rial operations of the school. evaluation and assessment systems; support the transfer of new knowledge and ‘‘(48) TEACHING SKILLS.—The term ‘teach- (2) comprehensive, high-quality, rigorous, skills to the classroom (including utilizing ing skills’ means skills that enable a teacher multi-year induction and mentoring pro- teacher leaders, instructional coaches, to— grams for beginning teachers, principals, and school librarians, and content experts to sup- ‘‘(A) increase student learning, achieve- other school leaders; port such transfer); and ment, and the ability to apply knowledge; (3) systematic, sustained, and coherent ‘‘(vi) provides opportunities for follow-up, ‘‘(B) effectively convey and explain aca- professional development for all teachers observation, and formative feedback and as- demic subject matter; that is team-based and job-embedded; sessment of the teacher’s classroom practice, ‘‘(C) actively engage students and person- (4) systematic, sustained, and coherent on a regular basis and in a manner that al- alize learning; professional development for school prin- lows each such teacher to identify areas of ‘‘(D) effectively teach higher-order analyt- cipals, other school leaders, school librar- classroom practice that need to be strength- ical, evaluation, problem-solving, and com- ians, paraprofessionals, and other staff; and ened, refined, and improved; munication skills;

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‘‘(E) develop and effectively apply new ‘‘(1) GRANTS.—From amounts made avail- ‘‘(v) providing significant and sustainable knowledge, skills, and practices; able under section 2505, the Secretary shall teacher stipends, pursuant to section ‘‘(F) employ strategies grounded in the dis- award grants, through allotments under 2502(a)(6); ciplines of teaching and learning that— paragraph (3)(A), to States to enable the ‘‘(B) a description of how the local edu- ‘‘(i) are based on empirically based prac- States to award subgrants to local edu- cational agency will— tice and scientifically valid research, where cational agencies under this part. ‘‘(i) conduct and utilize valid and reliable applicable, related to teaching and learning; ‘‘(2) RESERVATIONS.—A State that receives surveys pursuant to section 2502(b); and ‘‘(ii) are specific to academic subject mat- a grant under this part for a fiscal year ‘‘(ii) ensure that such programs are inte- ter; shall— grated and aligned pursuant to section ‘‘(iii) focus on the identification of stu- ‘‘(A) reserve 95 percent of the funds made 2502(c); dents’ specific learning needs, (including available through the grant to make sub- ‘‘(C)(i) a description of how the local edu- children with disabilities, students who are grants, through allocations under paragraph cational agency will use subgrant funds to limited English proficient, students who are (3)(B), to local educational agencies; and target and support the lowest achieving gifted and talented, and students with low ‘‘(B) use the remainder of the funds for— schools described in subsection (a)(4) before literacy levels), and the tailoring of aca- ‘‘(i) administrative activities and technical using funds for other lowest achieving demic instruction to such needs; and assistance in helping local educational agen- schools; and ‘‘(iv) enable effective inclusion of children cies carry out this part; ‘‘(ii) a list that identifies all of the lowest with disabilities and English language learn- ‘‘(ii) statewide capacity building strategies achieving schools that will be assisted under to support local educational agencies in the ers, including the utilization of— the subgrant; implementation of the required activities ‘‘(I) response to intervention; ‘‘(D) a description of how the local edu- under section 2502; and ‘‘(II) positive behavioral supports; cational agency will enable effective inclu- ‘‘(iii) conducting the evaluation required ‘‘(III) differentiated instruction; sion of children with disabilities and English under section 2504. ‘‘(IV) universal design of learning; language learners, including through utiliza- ‘‘(3) FORMULAS.— ‘‘(V) appropriate accommodations for in- tion by the teachers, principals, and other struction and assessments; ‘‘(A) ALLOTMENTS.—The allotment pro- vided to a State under this section for a fis- school leaders of the local educational agen- ‘‘(VI) collaboration skills; cy of— ‘‘(VII) skill in effectively participating in cal year shall bear the same relation to the total amount available under this part for ‘‘(i) response to intervention; individualized education program meetings ‘‘(ii) positive behavioral supports; required under section 614 of the Individuals such allotments for the fiscal year, as the al- lotment provided to the State under section ‘‘(iii) differentiated instruction; with Disabilities Education Act; and ‘‘(iv) universal design of learning; ‘‘(VIII) evidence-based strategies to meet 2111(b) for such year bears to the total amount available under such section 2111(b) ‘‘(v) appropriate accommodations for in- the linguistic and academic needs of English struction and assessments; language learners; for such allotments for such year. ‘‘(B) ALLOCATIONS.—The allocation pro- ‘‘(vi) collaboration skills; ‘‘(G) conduct an ongoing assessment of stu- ‘‘(vii) skill in effectively participating in dent learning, which may include the use of vided to a local educational agency under this section for a fiscal year shall bear the individualized education program meetings formative assessments, performance-based same relation to the total amount available required under section 614 of the Individuals assessments, project-based assessments, or under this part for such allocations for the with Disabilities Education Act; and portfolio assessments, that measures higher- fiscal year, as the allocation provided to the ‘‘(viii) evidence-based strategies to meet order thinking skills (including application, local educational agency under section the linguistic and academic needs of English analysis, synthesis, and evaluation); 2121(a) for such year bears to the total language learners; ‘‘(H) effectively manage a classroom, in- amount available for such allocations for ‘‘(E) a description of how the local edu- cluding the ability to implement positive be- such year. cational agency will assist the lowest achiev- havioral support strategies; ‘‘(4) SCHOOLS FIRST SUPPORTED.—A local ing schools in utilizing real-time student ‘‘(I) communicate and work with parents, educational agency receiving a subgrant learning data, based on evidence of student and involve parents in their children’s edu- under this part shall first use such funds to learning and evidence of classroom practice, cation; and carry out the activities described in section to— ‘‘(J) use age-appropriate and develop- 2502(a) in each lowest achieving school ‘‘(i) inform instruction; and mentally appropriate strategies and prac- served by the local educational agency— ‘‘(ii) inform professional development for tices. ‘‘(A) that demonstrates the greatest need teachers, mentors, principals, and other ‘‘(49) FORMATIVE ASSESSMENT.—The term for subgrant funds based on the data analysis school leaders; ‘formative assessment’ means a process used described in subsection (b)(3); and ‘‘(F) a description of how the programs and by teachers and students during instruction ‘‘(B) in which not less than 40 percent of assistance provided under section 2502 will be that provides feedback to adjust ongoing the students enrolled in the school are eligi- managed and designed, including a descrip- teaching and learning to improve students’ ble for a free or reduced price lunch under tion of the division of labor and different achievement of intended instructional out- the Richard B. Russell National School roles and responsibilities of local edu- comes.’’. Lunch Act (42 U.S.C. 1751 et seq.). cational agency central office staff members, (3) by redesignating paragraphs (1) through ‘‘(b) LOCAL EDUCATIONAL AGENCY APPLICA- school leaders, teacher leaders, coaches, (39), the undesignated paragraph following TION.— mentors, and evaluators; and paragraph (39), and paragraphs (41) through ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(G) a description of how the local edu- (49) (as amended by this section) as para- a subgrant under this part, a local edu- cational agency will work with institutions graphs (1) through (18), (21), (22), (24) through cational agency shall submit to the State of higher education and local teacher and (29), (31) through (40), (42) through (47), (49), educational agency an application described principal preparation programs to improve (19), (20), (30), (41), (48), and (23), respectively. in paragraph (2), and a summary of the data the performance of beginning teachers and SEC. 4. SCHOOL IMPROVEMENT. analysis conducted under paragraph (3), at principals, improve induction programs, and Section 1003(g)(5) of the Elementary and such time, in such manner, and containing strengthen professional development. Secondary Education Act of 1965 (20 U.S.C. such information as the State educational ‘‘(3) DATA ANALYSIS.—A local educational 6303(g)(5)) is amended— agency may reasonably require. agency desiring a subgrant under this part (1) in subparagraph (B), by striking ‘‘and’’ ‘‘(2) CONTENTS OF APPLICATION.—Each ap- shall, prior to applying for the subgrant, after the semicolon; plication submitted pursuant to paragraph conduct a data analysis of each school served (2) in subparagraph (C), by striking the pe- (1) shall include— by the local educational agency, based on riod and inserting ‘‘; and’’; and ‘‘(A) a description of how the local edu- data and information collected from evi- (3) by adding at the end the following: cational agency will assist the lowest achiev- dence of student learning, evidence of class- ‘‘(D) permitted to be used to supplement ing schools served by the local educational room practice, and the State’s longitudinal the activities required under section 2502.’’. agency in carrying out the requirements of data system, in order to— SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL section 2502, including— ‘‘(A) determine which schools have the DEVELOPMENT AND SUPPORT. ‘‘(i) developing and implementing the most critical teacher, principal, school li- (a) IN GENERAL.—Title II of the Elemen- teacher and principal evaluation system pur- brarian, and other school leader quality, ef- tary and Secondary Education Act of 1965 (20 suant to section 2502(a)(3); fectiveness, and professional development U.S.C. 6601 et seq.) is amended by adding at ‘‘(ii) implementing teacher induction pro- needs; and the end the following: grams pursuant to section 2502(a)(1); ‘‘(B) allow the local educational agency to ‘‘PART E—BUILDING SCHOOL CAPACITY ‘‘(iii) providing effective professional de- identify the specific needs regarding the FOR EFFECTIVE TEACHING AND LEAD- velopment in accordance with section quality, effectiveness, and professional de- ERSHIP 2502(a)(2); velopment needs of the school’s teachers, ‘‘SEC. 2501. LOCAL SCHOOL IMPROVEMENT AC- ‘‘(iv) implementing mentoring, coaching, principals, librarians, and other school lead- TIVITIES. and sustained professional development for ers, including with respect to instruction ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL school principals and other school leaders provided for individual student subgroups AGENCIES.— pursuant to section 2502(a)(4); and (including children with disabilities and

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6345 English language learners) and specific grade ‘‘(ii) assists each beginning teacher in— ‘‘(2) implement high-quality effective pro- levels and content areas. ‘‘(I) analyzing data based on the beginning fessional development for teachers, prin- ‘‘(4) JOINT DEVELOPMENT AND SUBMISSION.— teacher’s evidence of student learning and cipals, school librarians, and other school ‘‘(A) IN GENERAL.—Except as provided in evidence of classroom practice, and utilizing leaders serving the schools targeted for as- subparagraph (B), a local educational agency research-based instructional strategies, in- sistance under the subgrant; shall— cluding differentiated instruction, to inform ‘‘(3) develop and implement a rigorous, ‘‘(i) jointly develop the application and and strengthen such practice; transparent, and equitable teacher and prin- data analysis framework under this sub- ‘‘(II) developing and enhancing effective cipal evaluation system for all schools section with local organizations representing teaching skills; served by the local educational agency the teachers, principals, and other school ‘‘(III) enabling effective inclusion of chil- that— leaders in the local educational agency; and dren with disabilities and English language ‘‘(A)(i) provides formative individualized ‘‘(ii) submit the application and data anal- learners, including through the utilization feedback to teachers and principals on areas ysis in partnership with such local teacher, of— for improvement; principal, and school leader organizations. ‘‘(aa) response to intervention; ‘‘(ii) provides for substantive support and ‘‘(B) EXCEPTION.—A State may, after con- ‘‘(bb) positive behavioral supports; interventions targeted specifically on such sultation with the Secretary, consider an ap- ‘‘(cc) differentiated instruction; areas of improvement; and plication from a local educational agency ‘‘(dd) universal design of learning; ‘‘(iii) results in summative evaluations; that is not jointly developed and submitted ‘‘(ee) appropriate accommodations for in- ‘‘(B) differentiates the effectiveness of teachers and principals using multiple rating in accordance with subparagraph (A) if the struction and assessments; categories that take into account evidence application includes documentation of the ‘‘(ff) collaboration skills; of student learning; local educational agency’s extensive attempt ‘‘(gg) skill in effectively participating in ‘‘(C) shall be developed, implemented, and to work jointly with local teacher, principal, individualized education program meetings evaluated in partnership with local teacher and school leader organizations. required under section 614 of the Individuals and principal organizations; and ‘‘SEC. 2502. USE OF FUNDS. with Disabilities Education Act; and ‘‘(D) includes— ‘‘(a) INDUCTION, PROFESSIONAL DEVELOP- ‘‘(hh) evidence-based strategies to meet ‘‘(i) valid, clearly defined, and reliable per- MENT, AND EVALUATION SYSTEM.—A local the linguistic and academic needs of English formance standards and rubrics for teacher educational agency that receives a subgrant language learners; evaluation based on multiple performance under this part shall use the subgrant funds ‘‘(IV) using formative evaluations to— measures, which shall include a combination to improve teaching and school leadership ‘‘(aa) collect and analyze classroom-level of— through a system of teacher and principal in- data; ‘‘(I) evidence of classroom practice; and duction, professional development, and eval- ‘‘(bb) foster evidence-based discussions; ‘‘(II) evidence of student learning as a sig- uation. Such system shall be developed, im- ‘‘(cc) provide opportunities for self assess- nificant factor; plemented, and evaluated in collaboration ment; ‘‘(ii) valid, clearly defined, and reliable with local teacher, principal, and school ‘‘(dd) examine classroom practice; and performance standards and rubrics for prin- leader organizations and local teacher, prin- ‘‘(ee) establish goals for professional cipal evaluation based on multiple perform- cipal, and school leader preparation pro- growth; and ance measures of student learning and lead- grams and shall provide assistance to each ‘‘(V) achieving the goals of the school, dis- ership skills, which standards shall include— school that the local educational agency has trict, and statewide curricula; ‘‘(I) planning and articulating a shared and identified under section 2501(b)(2)(C)(ii), to— ‘‘(iii) provides regular and ongoing oppor- coherent schoolwide direction and policy for ‘‘(1) implement a comprehensive, coherent, tunities for beginning teachers to observe ex- achieving high standards of student perform- high-quality formalized induction program emplary teaching in classroom settings dur- ance; for beginning teachers during not less than ing the school day; ‘‘(II) identifying and implementing the ac- the teachers’ first 2 years of full-time em- ‘‘(iv) aligns with the mission and goals of tivities and rigorous curriculum necessary ployment as teachers with the local edu- the local educational agency and school; for achieving such standards of student per- cational agency, that shall include— ‘‘(v)(I) acts as a vehicle for a beginning formance; ‘‘(A) rigorous mentor selection by school teacher to establish short- and long-term ‘‘(III) supporting a culture of learning, col- or local educational agency leaders with planning and professional goals and to im- laboration, and professional behavior and en- mentoring and instructional expertise, in- prove student learning and classroom prac- suring quality measures of instructional cluding requirements that the mentor dem- tice; and practice; onstrate— ‘‘(II) guides, monitors, and assesses the be- ‘‘(IV) communicating and engaging par- ‘‘(i) a proven track record of improving ginning teacher’s progress toward such ents, families, and other external commu- student learning; goals; nities; and ‘‘(ii) strong interpersonal skills; ‘‘(vi) assigns not more than 12 beginning ‘‘(V) collecting, analyzing, and utilizing ‘‘(iii) exemplary teaching skills, particu- teacher mentees to a mentor who is released data and other tangible evidence of student larly with diverse learners, including chil- full-time from classroom teaching, and re- learning and evidence of classroom practice dren with disabilities and English language duces such maximum number of mentees to guide decisions and actions for continuous learners; proportionately for a mentor who works on a improvement and to ensure performance ac- ‘‘(iv) not less than 5 years teaching experi- part-times basis; countability; ence; ‘‘(vii) provides joint professional develop- ‘‘(iii) multiple and distinct rating options ‘‘(v) commitment to personal and profes- ment opportunities for mentors and begin- that allow evaluators to— sional growth and learning, such as National ning teachers; ‘‘(I) conduct multiple classroom observa- Board for Professional Teaching Standards ‘‘(viii) may include the use of master tions throughout the school year; certification; teachers to support mentors or other teach- ‘‘(II) examine the impact of the teacher or ‘‘(vi) willingness and experience in using ers; and principal on evidence of student learning and real-time data, as well as school and class- ‘‘(ix) improves student learning and class- evidence of classroom practice; room level practices that have demonstrated room practice, as measured by the evalua- ‘‘(III) specifically describe and compare dif- the capacity to— tion system described in paragraph (3); ferences in performance, growth, and devel- ‘‘(I) improve student learning and class- ‘‘(C) paid school release time that allows opment; and room practice; and for at least weekly high-quality mentoring ‘‘(IV) provide teachers or principals with ‘‘(II) inform instruction and professional and mentor-teacher interactions; detailed individualized feedback and evalua- growth; ‘‘(D) foundational training and ongoing tion in a manner that allows each teacher or ‘‘(vii) a commitment to participate in pro- professional development for mentors that principal to identify the areas of classroom fessional development throughout the year support the high-quality mentoring and practice that need to be strengthened, re- to develop the knowledge and skills related mentor-teacher interactions described in fined, and improved; to effective mentoring; and subparagraph (B); ‘‘(iv) implementing a formative and ‘‘(viii) the ability to improve the effective- ‘‘(E) use of research-based teaching stand- summative evaluation process based on the ness of the mentor’s mentees, as assessed by ards, formative assessments, teacher port- performance standards established under the evaluation system described in para- folio processes (such as the National Board clauses (i) and (ii); graph (3); for Professional Teaching Standards certifi- ‘‘(v) rigorous training for evaluators on the ‘‘(B) a program of high-quality, intensive, cation process), and teacher development performance standards established under and ongoing mentoring and mentor-teacher protocols that support the high-quality men- clauses (i) and (ii) and the process of con- interactions that— toring and mentor-teacher interactions de- ducting effective evaluations, including how ‘‘(i) ensures that new teachers are sup- scribed in subparagraph (B); and to provide specific feedback and improve ported in ways that help improve content- ‘‘(F) feedback on the performance of begin- teaching and principal practice based on specific knowledge and pedagogy, including ning teachers to local teacher preparation evaluation results; by matching mentors with beginning teach- programs and recommendations for improv- ‘‘(vi) regular monitoring and assessment of ers by grade level and content area; ing such programs; the quality and fairness of the evaluation

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE October 6, 2011 system and the evaluators’ judgements, in- schools, and institutions of higher education ‘‘(H) another nonprofit entity with experi- cluding with respect to— to ensure the vertical alignment of student ence in helping schools improve student ‘‘(I) inter-rater reliability, including inde- learning outcomes); achievement. pendent or third-party reviews; ‘‘(v) collecting, analyzing, and utilizing ‘‘SEC. 2503. RULE OF CONSTRUCTION. ‘‘(II) student assessments used in the eval- data and other tangible evidence of student ‘‘Nothing in this part shall be construed to uation system; learning and classroom practice (including alter or otherwise affect the rights, rem- ‘‘(III) the performance standards estab- the use of formative and summative assess- edies, and procedures afforded school or lished under clauses (i) and (ii); ments) to— school district employees under Federal, ‘‘(IV) training and qualifications of eval- ‘‘(I) guide decisions and actions for contin- State, or local laws (including applicable uators; and uous instructional improvement; and regulations or court orders) or under the ‘‘(V) timeliness of teacher and principal ‘‘(II) ensure performance accountability; terms of collective bargaining agreements, evaluations and feedback; ‘‘(vi) managing resources and school time memoranda of understanding, or other agree- ‘‘(vii) a plan and substantive targeted sup- to ensure a safe and effective student learn- ments between such employees and their em- port for teachers and principals who fail to ing environment; and ployers. meet the performance standards established ‘‘(vii) designing and implementing strate- ‘‘SEC. 2504. PROGRAM EVALUATION. under clauses (i) and (ii); gies for differentiated instruction and effec- ‘‘(a) IN GENERAL.—Each program required ‘‘(viii) a streamlined, transparent, fair, and tively identifying and educating diverse under section 2502(a) shall include a formal objective due process for documentation and learners, including children with disabilities evaluation system to determine, at a min- removal of teacher and principals who fail to and English language learners; and meet such performance standards, as gov- imum, the effectiveness of each such pro- ‘‘(C) provide feedback on the performance gram on— erned by any applicable collective bar- of beginning principals and other school gaining agreement or State law and after ‘‘(1) student learning; leaders to local principal and leader prepara- ‘‘(2) retaining teachers and principals, in- substantive targeted and reasonable support tion programs and recommendations for im- has been provided to such teachers and prin- cluding differentiating the retainment data proving such programs; by profession and by the level of performance cipals; and ‘‘(5)(A) create or enhance opportunities for ‘‘(ix) in the case of a local educational of the teachers and principals, based on the teachers and school librarians to assume new evaluation system described in section agency in a State that has a State evalua- school leadership roles and responsibilities, tion framework, the alignment of the local 2502(a)(3); including— ‘‘(3) teacher, principal, and other school educational agency’s evaluation system ‘‘(i) serving as mentors, instructional with, at a minimum, such framework and leader practice, which shall include, for coaches, or master teachers; or teachers and principals, practice measured the requirements of this paragraph; ‘‘(ii) assuming increased responsibility for ‘‘(4) implement ongoing high-quality sup- by the teacher and principal evaluation sys- professional development activities, cur- tem described in section 2502(a)(3); port, coaching, and professional development riculum development, or school improve- for principals and other school leaders serv- ‘‘(4) student graduation rates, as applica- ment and leadership activities; and ble; ing the schools targeted for assistance under ‘‘(B) provide training for teachers who as- such subgrant, which shall— ‘‘(5) teaching, learning, and working condi- sume such school leadership roles and re- ‘‘(A) include a comprehensive, coherent, tions; sponsibilities; and high-quality formalized induction program ‘‘(6) parent, family, and community in- ‘‘(6) provide significant and sustainable sti- outside the supervisory structure for begin- volvement and satisfaction; pends above a teacher’s base salary for ning principals and other school leaders, dur- ‘‘(7) student attendance rates; teachers that serve as mentors, instructional ing not less than the principals’ and other ‘‘(8) teacher and principal satisfaction; and coaches, teacher leaders, or evaluators under school leaders’ first 2 years of full-time em- ‘‘(9) student behavior. the programs described in this subsection. ployment as a principal or other school lead- ‘‘(b) LOCAL EDUCATIONAL AGENCY AND er in the local educational agency, to de- ‘‘(b) SURVEY.—A local educational agency SCHOOL EFFECTIVENESS.—The formal evalua- velop and improve the knowledge and skills receiving a subgrant under this part shall tion system described in subsection (a) shall described in subparagraph (B), including— conduct a valid and reliable full population also measure the effectiveness of the local ‘‘(i) a rigorous mentor or coach selection survey of teaching and learning, at the educational agency and school in— process based on exemplary administrative school and local educational agency level, ‘‘(1) implementing the comprehensive in- expertise and experience; and include, as topics in the survey, not less duction program described in section ‘‘(ii) a program of ongoing opportunities than the following elements essential to im- 2502(a)(1); throughout the school year for the men- proving student learning and retaining effec- ‘‘(2) implementing high-quality profes- toring or coaching of beginning principals tive teachers: sional development described in section and other school leaders, including opportu- ‘‘(1) Instructional planning time. 2502(a)(2); nities for regular observation and feedback; ‘‘(2) School leadership. ‘‘(3) developing and implementing a rig- ‘‘(iii) foundational training and ongoing ‘‘(3) Decisionmaking processes. orous, transparent, and equitable teacher professional development for mentors or ‘‘(4) Professional development. and principal evaluation system described in coaches; and ‘‘(5) Facilities and resources, including the section 2502(a)(3); ‘‘(iv) the use of research-based leadership school library. ‘‘(4) implementing mentoring, coaching, standards, formative and summative assess- ‘‘(6) Beginning teacher induction. and professional development for school ments, or principal and other school leader ‘‘(7) School safety and environment. principals and other school leaders described protocols (such as the National Board for ‘‘(c) INTEGRATION AND ALIGNMENT.—The in section 2502(a)(4); Professional Teaching Standards Certifi- system described in subsection (a) shall— ‘‘(5) ensuring that mentors, teachers, and cation for Educational Leaders program or ‘‘(1) integrate and align all of the activities schools are using data to inform instruc- the 2008 Interstate School Leaders Licensure described in such subsection; tional practices; and Consortium Standards); ‘‘(2) be informed by, and integrated with, ‘‘(6) ensuring that the comprehensive in- ‘‘(B) improve the knowledge and skills of the results of the survey described in sub- duction and high-quality mentoring required school principals and other school leaders section (b); under section 2502(a)(1) and the high impact in— ‘‘(3) be aligned with the State’s school im- professional development required under sec- ‘‘(i) planning and articulating a shared and provement efforts under sections 1116 and tion 2502(a)(2) are integrated and aligned clear schoolwide direction, vision, and strat- 1117; and with the State’s school improvement efforts egy for achieving high standards of student ‘‘(4) be aligned with the programs funded under sections 1116 and 1117. performance; under title II of the Higher Education Act of ‘‘(c) CONDUCT OF EVALUATION.—The evalua- ‘‘(ii) identifying and implementing the ac- 1965 and other professional development pro- tion described in subsection (a) shall be— tivities and rigorous student curriculum and grams authorized under this Act. ‘‘(1) conducted by the State, an institution assessments necessary for achieving such ‘‘(d) ELIGIBLE ENTITIES.—The assistance re- of higher education, or an external agency standards of performance; quired to be provided under this section may that is experienced in conducting such eval- ‘‘(iii) managing and supporting a collabo- be provided— uations; and rative culture of ongoing learning and pro- ‘‘(1) by the local educational agency; or ‘‘(2) developed in collaboration with groups fessional development and ensuring quality ‘‘(2) by the local educational agency, in such as— evidence of classroom practice (including collaboration with— ‘‘(A) experienced educators with track shared or distributive leadership and pro- ‘‘(A) the State educational agency; records of success in the classroom; viding timely and constructive feedback to ‘‘(B) an institution of higher education; ‘‘(B) institutions of higher education in- teachers to improve student learning and ‘‘(C) a nonprofit organization; volved with teacher induction and profes- strengthen classroom practice); ‘‘(D) a teacher organization; sional development located within the State; ‘‘(iv) communicating and engaging par- ‘‘(E) a principal or school leader organiza- and ents, families, and local communities and or- tion; ‘‘(C) local teacher, principal, and school ganizations (including engaging in partner- ‘‘(F) an educational service agency; leader organizations. ships among elementary schools, secondary ‘‘(G) a teaching residency program; or ‘‘(d) DISSEMINATION.—

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6347 ‘‘(1) IN GENERAL.—The results of the eval- It is estimated that 30 people have with my colleague Congressman uation described in subsection (a) shall be been killed by government security MCGOVERN in the House of Representa- submitted to the Secretary. forces since the start of these largely tives, am introducing this Congres- ‘‘(2) DISSEMINATION.—The Secretary shall peaceful protests. Government agen- sional joint resolution. I hope my col- make the results of each evaluation de- leagues will join me in sending a mes- scribed in subsection (a) available to States, cies also fired more than 2,500 people local educational agencies, and the public. suspected of sympathizing with the sage to Bahrain that we will not re- ‘‘SEC. 2505. AUTHORIZATION OF APPROPRIA- protestors and their democratic de- ward human rights abuses. TIONS. mands. A special military court was es- To quote from the President’s ad- ‘‘There are authorized to be appropriated tablished by decree and has convicted dress to the United Nations General to carry out this part such sums as may be over 100 people on dubious grounds. Assembly last month: ‘‘Something is necessary for fiscal year 2012 and each suc- Recently, 20 doctors who were caught happening in our world. The way ceeding fiscal year.’’. treating wounded protestors were sen- things have been is not the way they (b) TABLE OF CONTENTS.—The table of con- will be. The humiliating grip of corrup- tents in section 2 of the Elementary and Sec- tenced to prison terms as long as 15 years. One of the doctors said she was tion and tyranny is being pried open. ondary Education Act of 1965 is amended by Technology is putting power in the inserting after the item relating to section tortured and threatened with rape 2441 the following: while in custody. In explaining the rea- hands of the people. The youth are de- livering a powerful rebuke to dictator- ‘‘PART E—BUILDING SCHOOL CAPACITY FOR son for her offense, the doctor said ‘‘My ship, and rejecting the lie that some EFFECTIVE TEACHING AND LEADERSHIP only crime is I did my job; I helped peo- races, religions and ethnicities do not ‘‘Sec. 2501. Local school improvement ac- ple.’’ Amnesty International has point- tivities. ed out that an increasing number of desire democracy.’’ Well it is clear that the people of Bahrain desire greater de- ‘‘Sec. 2502. Use of funds. cases involving civilians arrested are mocracy and opportunity and we ‘‘Sec. 2503. Rule of Construction. now being primarily tried in military ‘‘Sec. 2504. Program evaluation. should not be rewarding their oppres- court, without due process. ‘‘Sec. 2505. Authorization of appropria- sors with an arms sale at this time. Human Rights Watch also reports tions.’’. Colleagues, please join me in cospon- that four people have died in custody. soring this Congressional joint resolu- By Mr. WYDEN: Their suspected cause of death is tor- S.J. Res. 28. A joint resolution lim- tion. ture, and medical neglect. Leading po- Mr. President, I ask unanimous con- iting the issuance of a letter of offer litical opposition figures who are de- sent that the text of the joint resolu- with respect to a certain proposed sale manding democratic reforms have been tion be printed in the RECORD. of defense articles and defense services sentenced, in some cases, to life in pris- There being no objection, the text of to the Kingdom of Bahrain; to the on, solely for their role in organizing the joint resolution was ordered to be Committee on Foreign Relations. peaceful protests. printed in the RECORD, as follows: Mr. WYDEN. Mr. President, I rise Life in prison just for trying to hold S.J. RES. 28 today to introduce a Congressional their government democratically ac- Whereas the Kingdom of Bahrain is a party Joint Resolution to prevent the sale of countable. Just because they want the to several international human rights in- $53 million worth of arms to the Gov- same opportunities as their Sunni struments, including the International Cov- ernment of Bahrain. neighbors. Just because they want to enant on Civil and Political Rights, adopted As I witness the series of extraor- petition their government for a redress December 16, 1966, and entered into force dinary events that are sweeping across of grievances. I read these reports and March 23, 1976, and the Convention Against the Arab world, I am reminded of our I ask myself what our own constitu- Torture and Other Cruel, Inhuman or De- own history, and America’s struggle tional framers would have to say about grading Treatment or Punishment, done at that led to the ideas that are enshrined New York December 10, 1984; such actions. Whereas the Government of Bahrain had in our Constitution. Freedom of So what’s the Administration’s re- made several notable human rights reforms speech. Freedom of religion. The right sponse to Bahrain’s actions? What’s during the 2000s; of people to peaceably assemble, and to our government’s response to these Whereas, despite those reforms, significant petition their government for a redress human rights violations? Well, Mr. human rights concerns remained in early of grievances. The Arab Spring, re- President, the Administration has pub- 2011, including the alleged mistreatment of minds us that these freedoms are in- licly called for an end to the violence. detained persons and the discrimination deed universally sought. against certain Bahraini citizens in the po- Secretary Clinton has said that the litical, economic, and professional spheres of The United States should stick up for murder of unarmed protesters must Bahrain; individuals seeking such freedoms. not stop. Whereas this discrimination has included reward those who violently suppress However, at the same time, the Ad- the banning of particular religious groups such aspirations. ministration formally notified Con- from holding specific government positions, Selling weapons to the Government gress on September 14 of its plans to including the military and security services, of Bahrain right now is about as back- sell the ruling regime of Bahrain 44 Ar- without reasonable justification; wards as a teacher giving the play- mored High Mobility Multipurpose Whereas hundreds of thousands of pro- ground bully a pair of brass knuckles testers in the Kingdom of Bahrain have sig- Wheeled Vehicles, over 200 anti-tank nificantly intensified their calls for govern- instead of putting him in detention. missiles and 50 bunker buster missiles, ment reform and respect for human rights When the rulers of Bahrain are com- 48 missile launchers, spare parts, sup- starting in February 2011; mitting human right abuses against port and test equipment, personnel Whereas independent observers, including peaceful protesters, should we really be training and training equipment, tech- the Department of State, Human Rights rewarding this type of behavior? nical and logistics support services, Watch, Human Rights First, Amnesty Inter- First, some context. Protests erupted among other things, all for 53 million national, and Freedom House, found that the in Bahrain on the heels of protests in dollars. The State Department also no- majority of protesters have been peaceful in their demands, and that acts of violence by neighboring Tunisia and Egypt, as part tified Congress that it is preparing to of what is being called the Arab Spring. protesters have been rare; send $15.5 million in Foreign Military Whereas the Government of Bahrain has For many years the Shiite majority of Financing to Bahrain. systematically suppressed the protests Bahrain has been ruled by a Sunni Like I said we are giving the bully through a wide range of acts constituting se- royal family that has excluded most brass knuckles—and then some. rious and grave violations of human rights; Shiites from political power and eco- Should our country really reward a Whereas, according to the Project of Mid- nomic opportunity. When the people of regime that has stifled its citizen’s dle East Democracy, at least 32 people have Bahrain went to the streets to protest, freedom of speech; a regime that has been killed by the Government of Bahrain’s the government responded with crush- openly fired on peacefully assembled security forces since February 2011; ing force. Police opened fire on un- Whereas at least three deaths occurred protestors; a regime who has tortured while the individuals were in detention, ac- armed demonstrators, killing seven doctors for simply treating their fellow cording to the Ministry of Interior of the and seriously wounding hundreds. citizens? Government of Bahrain; Protestors and dissident leaders were I cannot support this sale while these Whereas there have been credible reports rounded up and arrested. abuses continue. That is why I, along from Human Rights Watch, Human Rights

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE October 6, 2011 First, Physicians for Human Rights, and the June 15, 2011, submission to the United Na- tives (Majlis an-nuwab) in a proportional Bahrain Center for Human Rights of severe tions Human Rights Council; manner that allots the same number of resi- mistreatment of detainees, including acts Whereas the Government of Bahrain has dents, or reasonably nearly the same number rising to the level of torture; taken limited positive measures in recent of residents with minimal variation, for each Whereas the Government of Bahrain has months, including agreeing to allow the es- district; investigated and prosecuted individuals who tablishment of the Bahrain Independent (8) the Government of Bahrain has lifted were only peacefully exercising their rights Commission of Inquiry (BICI) composed of restrictions on government employment, in- to freedom of expression, political opinion, well-renowned international human rights cluding in the military and security forces, and assembly; experts who are authorized to investigate based on discriminatory grounds such as re- Whereas the Government of Bahrain has human rights violations and recommend ligion and political opinion; continued to prosecute civilians, including measures for accountability; (9) the Government of Bahrain has rein- medical professionals, in military-security Whereas the BICI human rights report is stated all public and government-invested courts; due to be submitted to the Government of enterprises’ employees who were dismissed Whereas cases continued to be tried in the Bahrain on October 30, 2011; from their workplace for peacefully exer- military-security courts despite promises by Whereas the Department of Defense noti- cising their right to freedom of expression, the Government of Bahrain to transfer those fied Congress on September 14, 2011, of a pro- political opinion, and assembly; cases to civilian venues; posed military arms sale to Bahrain worth (10) the Government of Bahrain has set Whereas the military-security courts’ pro- approximately $53,000,000; standards for private sector compliance cov- cedures and actions severely limited due Whereas the Department of State notified ering the reinstatement of its employees who process rights or complied with due process Congress on September 13, 2011, of a proposed were dismissed from their workplace for formally rather than substantively; obligation of Foreign Military Funds in the peacefully exercising their right to freedom Whereas the Government of Bahrain’s re- amount of $15,461,000 for the upgrading and of expression, political opinion, and assem- cent promises to have civilian courts hear maintenance of certain military equipment; bly; the appeals from military-security courts Whereas other military allies of the United (11) the Government of Bahrain is pro- are insufficient to rectify the due process States, including the United Kingdom, tecting the right of all individuals, including violations that occurred at the trial stage; France, Spain, and Belgium, have suspended political opponents of the Government, to Whereas the Government of Bahrain has or limited certain licenses and arms sales to peacefully exercise their right to freedom of moved quickly to prosecute and sentence po- Bahrain since February 2011; expression, political opinion, and assembly litical opponents to lengthy prison terms, Whereas evidence gathered from protesters without fear of retribution; while at the same time slowly investigating, by the Bahrain Center for Human Rights in- (12) the Government of Bahrain has ceased or failing to investigate at all, government dicated that tear gas canisters used against using the media under its control to threat- and security officials who appear to have peaceful protesters contained markings en the physical safety and integrity of polit- committed or assisted in human rights viola- which showed they were manufactured in the ical opponents and other Bahraini citizens, tions against political opponents; United States; and particularly those in the Shi’a community; Whereas Physicians for Human Rights has Whereas providing military equipment and (13) the Government of Bahrain is permit- documented that the Government of Bah- provisions for upgrades to a government that ting the entry of international journalists to rain’s security forces have targeted medical commits human rights violations and that Bahrain except in extremely exceptional personnel by abducting medical workers, has undertaken insufficient measures to seek cases where the Government clearly shows abusing patients, intimidating wounded pro- reform and accountability is at odds with with evidence and in good faith that the testers from accessing medical treatment, United States foreign policy goals of pro- entry of an international journalist is a le- and sentencing medical professionals to moting democracy, human rights, account- gitimate safety or security concern; lengthy prison terms in the military-secu- ability, and stability: Now, therefore, be it (14) the Bahrain Commission of Inquiry rity courts for protesting the government’s Resolved by the Senate and House of Rep- (BICI) has submitted its final report to the resentatives of the United States of America in interference in treating injured protesters; Government of Bahrain; Congress assembled, Whereas the Government of Bahrain has (15) the BICI’s final report’s factual find- destroyed more than 40 Shi’a mosques and SECTION 1. LIMITATION ON CERTAIN PROPOSED ings and conclusions are consistent with in- SALES OF DEFENSE ARTICLES AND religious sites throughout Bahrain since formation known to the Secretary of State DEFENSE SERVICES TO THE KING- about the human rights violations occurring February 2011; DOM OF BAHRAIN. in Bahrain since February 2011; Whereas Bahrain’s legislative lower house, (a) LIMITATION.—The issuance of a letter of the Council of Representatives (Majlis an- offer with respect to each proposed sale of (16) the Government of Bahrain is under- nuwab) is constituted of disproportionately defense articles and defense services to the taking good faith implementation of all rec- drawn districts that violates the principle of Kingdom of Bahrain referred to in subsection ommendations from the BICI’s final report equal suffrage for Bahraini citizens, particu- (b) is hereby prohibited unless the Secretary that address alleged human rights violations larly the Shi’a community; of State certifies to the Committee on For- by the Government of Bahrain since Feb- Whereas the Government of Bahrain em- eign Relations of the Senate and the Com- ruary 2011; and ployed tactics of retribution against per- mittee on Foreign Affairs of the House of (17) the Government of Bahrain has under- ceived political opponents, dismissing more Representatives that— taken a good faith dialogue among all key than 2,500 workers, academics, medics, and (1) the Government of Bahrain is con- stakeholders in Bahrain which is producing other professionals from their places of em- ducting good faith investigations and pros- substantive recommendations for genuine re- ployment; ecutions of alleged perpetrators responsible forms that meet the reasonable democratic Whereas the Government of Bahrain has for the killing, torture, arbitrary detention, aspirations of Bahrain’s citizens and comply violated international labor standards and other human rights violations com- with universal human rights standards. through the dismissals of the aforemen- mitted since February 2011; (b) PROPOSED SALES OF DEFENSE ARTICLES tioned citizens; (2) the prosecutions of alleged perpetrators AND DEFENSE SERVICES.—The proposed sales Whereas the Department of Labor has re- in paragraph (1) is being carried out in trans- of defense articles and defense services to ceived an official complaint regarding the parent judicial proceedings conducted in full the Government of Bahrain referred to in failure of the Government of Bahrain to live accordance with Bahrain’s international this subsection are those specified in the cer- up to its commitments with respect to work- legal obligations; tifications transmitted to the Speaker of the ers’ rights under its Free Trade Agreement (3) the Government of Bahrain has ceased House of Representatives and the Chairman with the United States; all acts of torture and other inhumane treat- of the Committee on Foreign Relations of Whereas the state-run media of Bahrain ment in its detention facilities; the Senate pursuant to section 36(b) of the have gone beyond legitimate criticism of po- (4) the Government of Bahrain has released Arms Export Control Act (22 U.S.C. 2776(b)) litical opponents towards explicitly and im- and withdrawn criminal charges against all on September 14, 2011 (Transmittal Number plicitly threatening the physical safety and individuals who were peacefully exercising 10–71). integrity of those opponents specifically and their right to freedom of expression, polit- f the Shi’a community generally, creating ical opinion, and assembly; greater animosity amongst the entire popu- (5) the Government of Bahrain is permit- SUBMITTED RESOLUTIONS lation and making reconciliation of all Bah- ting nondiscriminatory medical treatment of raini citizens more difficult; the sick and injured, and is ensuring Whereas the Government of Bahrain has unhindered access to medical care and treat- SENATE RESOLUTION 288—DESIG- expelled international journalists and ment for all patients; NATING THE WEEK BEGINNING stopped issuing visas to journalists on (6) the Government of Bahrain is pro- OCTOBER 9, 2011, AS ‘‘NATIONAL grounds that do not appear to be justified by tecting all Shi’a mosques and religious sites WILDLIFE REFUGE WEEK’’ legitimate safety or security concerns; and is rebuilding all Shi’a mosques and reli- Whereas the Department of State included gious sites destroyed since February 2011; Mr. COONS (for himself, Mr. SES- Bahrain among a list of countries necessi- (7) the Government of Bahrain has redrawn SIONS, Mr. CARDIN, Mr. ALEXANDER, tating additional human rights scrutiny in a the districts of the Council of Representa- Mrs. MURRAY, Mr. LIEBERMAN, Mr.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.047 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6349 REED, Mr. WYDEN, Mr. BINGAMAN, Mr. annually, the equivalent of 665 full-time em- SENATE RESOLUTION 289—CELE- WHITEHOUSE, Mr. UDALL of New Mex- ployees, and provide an important link with BRATING THE LIFE AND ico, Mr. BROWN of Massachusetts, Ms. local communities; ACHIEVEMENTS OF REVEREND COLLINS, Mr. COCHRAN, and Mr. Whereas national wildlife refuges provide FRED LEE SHUTTLESWORTH MERKLEY) submitted the following res- an important opportunity for children to dis- AND HONORING HIM FOR HIS olution; which was considered and cover and gain a greater appreciation for the TIRELESS EFFORTS IN THE natural world; agreed to: FIGHT AGAINST SEGREGATION Whereas because there are national wild- AND HIS STEADFAST COMMIT- S. RES. 288 life refuges located in several urban and sub- Whereas in 1903, President Theodore Roo- urban areas and 1 refuge located within an MENT TO THE CIVIL RIGHTS OF sevelt established the first national wildlife hour’s drive of every metropolitan area in ALL PEOPLE refuge on Florida’s Pelican Island; the United States, national wildlife refuges Mr. BROWN of Ohio (for himself, Mr. Whereas in 2011, the National Wildlife Ref- employ, educate, and engage young people SHELBY, Mr. SESSIONS, Mr. PORTMAN, uge System, administered by the Fish and from all backgrounds in exploring, con- Mr. LEVIN, Mr. MENENDEZ, Mr. CARDIN, Wildlife Service, is the premier system of necting with, and preserving the natural her- lands and waters to conserve wildlife in the Mr. LAUTENBERG, Mr. INHOFE, Ms. MI- itage of the Nation; world, and has grown to more than 150,000,000 KULSKI, and Mr. REID of Nevada) sub- Whereas since 1995, refuges across the Na- acres, 553 national wildlife refuges, and 38 mitted the following resolution; which wetland management districts in every State tion have held festivals, educational pro- was considered and agreed to: grams, guided tours, and other events to cel- and territory of the United States; S. RES. 289 ebrate National Wildlife Refuge Week during Whereas national wildlife refuges are im- Whereas the Reverend Fred Lee the second full week of October; portant recreational and tourism destina- Shuttlesworth was born on March 18, 1922, in Whereas the Fish and Wildlife Service will tions in communities across the Nation, and Mount Meigs, Alabama; these protected lands offer a variety of rec- continue to seek stakeholder input on the Whereas Reverend Shuttlesworth, a former reational opportunities, including 6 wildlife- implementation of the recommendations in truck driver who studied theology at night, dependent uses that the National Wildlife the document entitled ‘‘Conserving the Fu- was ordained in 1948; Refuge System manages: hunting, fishing, ture: Wildlife Refuges and the Next Genera- Whereas Reverend Shuttlesworth became wildlife observation, photography, environ- tion’’, which is an update to the strategic pastor of Bethel Baptist Church in Bir- mental education, and interpretation; plan of the Fish and Wildlife Service for the mingham, Alabama, in 1953, and was an out- Whereas more than 370 units of the Na- future of the National Wildlife Refuge Sys- spoken leader in the fight for racial equality; tional Wildlife Refuge System have hunting tem; Whereas Reverend Shuttlesworth worked programs and more than 350 units of the Na- Whereas the week beginning on October 9, alongside Dr. Martin Luther King, Jr. and tional Wildlife Refuge System have fishing 2011, has been designated as ‘‘National Wild- was hailed by Dr. King for his courage and programs, averaging more than 2,500,000 life Refuge Week’’ by the Fish and Wildlife energy in the fight for civil rights; hunting visits and more than 7,100,000 fishing Service; Whereas, in May 1956, Reverend visits; Whereas in 2011, the designation of Na- Shuttlesworth established the Alabama Whereas the National Wildlife Refuge Sys- tional Wildlife Refuge Week would recognize Christian Movement for Human Rights when tem experiences 28,200,000 wildlife observa- the National Association for the Advance- more than a century of conservation in the tion visits annually; ment of Colored People was banned from Whereas national wildlife refuges are im- United States and would serve to raise Alabama by court injunction; portant to local businesses and gateway awareness about the importance of wildlife Whereas, in a brazen attempt to threaten communities; and the National Wildlife Refuge System and Reverend Shuttleworth’s resolve and com- Whereas for every $1 appropriated, na- to celebrate the myriad recreational oppor- mitment to the fight for equality and jus- tional wildlife refuges generate $4 in eco- tunities available to enjoy this network of tice, 6 sticks of dynamite were detonated nomic activity; protected lands: Now, therefore, be it outside Reverend Shuttlesworth’s bedroom Whereas the National Wildlife Refuge Sys- Resolved, That the Senate— window on Christmas Day, 1956; tem experiences approximately 45,700,000 vis- (1) designates the week beginning on Octo- Whereas, on the day after the attack on his its every year, generating nearly ber 9, 2011, as ‘‘National Wildlife Refuge home, on December 26, 1956, an undeterred $1,700,000,000 and 27,000 jobs in local econo- Week’’; Reverend Shuttlesworth courageously con- mies; tinued the fight for equal rights, leading 250 (2) encourages the observance of National Whereas the National Wildlife Refuge Sys- people in a protest of segregated buses in Wildlife Refuge Week with appropriate tem encompasses every kind of ecosystem in Birmingham; events and activities; the United States, including temperate, Whereas Reverend Shuttlesworth was beat- tropical, and boreal forests, wetlands, (3) acknowledges the importance of na- en with chains and brass knuckles by a mob deserts, grasslands, arctic tundras, and re- tional wildlife refuges for their recreational of Ku Klux Klansmen in 1957 when he tried to mote islands, and spans 12 time zones from opportunities and contribution to local enroll his children in a segregated school in the Virgin Islands to Guam; economies across the United States; Birmingham; Whereas national wildlife refuges are home (4) pronounces that national wildlife ref- Whereas Reverend Shuttlesworth co-found- to more than 700 species of birds, 220 species uges play a vital role in securing the hunting ed the Southern Christian Leadership Con- of mammals, 250 species of reptiles and am- and fishing heritage of the United States for ference in 1957, serving as the first secretary phibians, and more than 1,000 species of fish; future generations; of the organization from 1958 to 1970 and as Whereas national wildlife refuges are the (5) identifies the significance of national its president in 2004; primary Federal lands that foster produc- wildlife refuges in advancing the traditions Whereas Reverend Shuttlesworth partici- tion, migration, and wintering habitat for of wildlife observation, photography, envi- pated in protesting segregated lunch waterfowl; ronmental education, and interpretation; counters and helped lead sit-ins in 1960; Whereas since 1934, more than $750,000,000 (6) recognizes the importance of national Whereas Reverend Shuttlesworth worked in funds, from the sale of the Federal Duck wildlife refuges to wildlife conservation and with the Congress of Racial Equality to or- Stamp to outdoor enthusiasts, has enabled the protection of imperiled species and eco- ganize the Freedom Rides against segregated the purchase or lease of more than 5,300,000 systems, as well as compatible uses; interstate buses in the South in 1961; acres of waterfowl habitat in the National (7) acknowledges the role of national wild- Whereas it was Reverend Shuttlesworth Wildlife Refuge System; who called upon Attorney General Robert life refuges in conserving waterfowl and wa- Whereas 59 refuges were established spe- Kennedy to protect the Freedom Riders; terfowl habitat pursuant to the Migratory cifically to protect imperiled species, and of Whereas Reverend Shuttlesworth freed a Bird Treaty Act (40 Stat. 755, chapter 128); the more than 1,300 federally listed threat- group of Freedom Riders from jail and drove ened and endangered species in the United (8) reaffirms the support of the Senate for them to the Tennessee State line to safety; States, 280 species are found on units of the wildlife conservation and the National Wild- Whereas, in 1963, Reverend Shuttlesworth National Wildlife Refuge System; life Refuge System; and persuaded Dr. King to bring the civil rights Whereas national wildlife refuges are cores (9) expresses the intent of the Senate— movement to Birmingham; of conservation for larger landscapes and re- (A) to continue working to conserve wild- Whereas, in the spring of 1963, Reverend sources for other agencies of the Federal life; and Shuttlesworth designed a mass campaign Government and State governments, private (B) to manage the National Wildlife Refuge that included a series of nonviolent sit-ins landowners, and organizations in their ef- System for current and future generations. and marches against illegal segregation by forts to secure the wildlife heritage of the Black children, students, clergymen, and United States; others; Whereas 39,000 volunteers and more than Whereas, in 1963, while leading a non- 220 national wildlife refuge ‘‘Friends’’ orga- violent protest against segregation in Bir- nizations contribute nearly 1,400,000 hours mingham, Reverend Shuttlesworth was

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slammed against a wall and knocked uncon- S. RES. 290 On page 2, line 12, strike ‘‘ ‘27 years’ or ‘27- scious by the force of the water pressure Whereas Jumpstart, a national early edu- year period’ ’’ and insert ‘‘ ‘26 years’ or ‘26- from fire hoses turned on demonstrators at cation organization, is working to ensure year period’ ’’. the order of Bull Connor, the Commissioner that all children in the United States enter of Public Safety; school prepared to succeed; SA 737. Mr. REID (for Mr. BROWN of Whereas the televised images of Connor di- Whereas, year-round, Jumpstart recruits Massachusetts) proposed an amend- recting the use of firefighters’ hoses and po- and trains college students and community ment to the resolution S. Res. 201, ex- lice dogs to attack nonviolent demonstra- members to serve preschool children in low- pressing the regret of the Senate for tors, and to arrest those undeterred by vio- income neighborhoods, helping them to de- lence, had a profound effect on the view of the passage of discriminatory laws velop the key language and literacy skills against the Chinese in America, includ- the civil rights struggle by citizens of the necessary to succeed in school and in life; United States; Whereas, since 1993, Jumpstart has en- ing the Chinese Exclusion Act; as fol- Whereas as a result of those violent im- gaged more than 20,000 adults in service to lows: ages, President John Fitzgerald Kennedy more than 90,000 young children in commu- On page 9, line 1, strike ‘‘That the called the fight for equality a moral issue; nities across the United States; Senate—’’. Whereas those violent images helped lead Whereas Jumpstart’s Read for the Record, On page 9, between lines 1 and 2, insert the to the passage of the Civil Rights Act of 1964 presented in partnership with the Pearson following: (Public Law 88-352; 78 Stat. 241); Foundation, is a national campaign that mo- Whereas, in his 1963 book ‘‘Why We Can’t SECTION 1. ACKNOWLEDGMENT AND EXPRES- bilizes adults and children in an effort to SION OF REGRET. Wait’’, Dr. King called Reverend close the early education achievement gap in The Senate— Shuttlesworth ‘‘one of the nation’s most the United States by setting a reading world On page 10, strike line 1 and all that fol- courageous freedom fighters . . . a wiry, ener- record; getic, and indomitable man’’; lows through ‘‘(3)’’ on line 5, and insert ‘‘(2)’’. Whereas the goals of the campaign are to Whereas, in March 1965, Reverend On page 10, line 11, strike ‘‘(4)’’ and insert raise awareness in the United States of the Shuttlesworth helped organize the historic ‘‘(3)’’. march from Selma to Montgomery to protest importance of early education, provide books On page 10, after line 15, add the following: voting discrimination in Alabama; to children in low-income households SEC. 2. DISCLAIMER. Whereas Reverend Shuttlesworth became through donations and sponsorship, and cele- Nothing in this resolution may be con- pastor of the Greater New Light Baptist brate the commencement of Jumpstart’s pro- strued— Church in Cincinnati, Ohio, in 1966 and gram year; (1) to authorize or support any claim served as pastor until his retirement in 2006; Whereas October 6, 2011, would be an appro- against the United States; or Whereas Reverend Shuttlesworth advo- priate date to designate as ‘‘Jumpstart’s (2) to serve as a settlement of any claim cated for racial justice in Cincinnati and for Read for the Record Day’’ because it is the against the United States. date Jumpstart aims to set the world record increased minority representation in the f public institutions of Cincinnati, including for the largest shared reading experience; the police department and city council; and AUTHORITY FOR COMMITTEES TO Whereas, in the 1980s, Reverend Whereas Jumpstart hopes to engage more MEET Shuttlesworth established the Shuttlesworth than 2,100,000 children in reading Anna Housing Foundation in Cincinnati, which Dewdney’s ‘‘Llama Llama Red Pajama’’ dur- COMMITTEE ON BANKING, HOUSING, AND URBAN helped low-income families in Cincinnati be- ing this record-breaking celebration of read- AFFAIRS come homeowners; ing, service, and fun, all in support of pre- Mr. SCHUMER. Mr. President, I ask Whereas, in 2001, President William Jeffer- school children in the United States: Now, unanimous consent that the Com- son Clinton awarded Reverend Shuttlesworth therefore, be it Resolved, That the Senate— mittee on Banking, Housing, and a Presidential Citizens Medal for his leader- Urban Affairs, be authorized to meet ship in the ‘‘nonviolent civil rights move- (1) supports the designation of October 6, ment of the 1950s and 60s, leading efforts to 2011, as ‘‘Jumpstart’s Read for the Record during the session of the Senate on Oc- integrate Birmingham, Alabama’s schools, Day’’; tober 6, 2011, at 10 a.m. buses, and recreational facilities’’; (2) commends Jumpstart’s Read for the The PRESIDING OFFICER. Without Whereas the Birmingham international Record in its sixth year; objection, it is so ordered. (3) encourages adults, including grand- airport was named for Reverend COMMITTEE ON COMMERCE, SCIENCE, AND parents, parents, teachers, and college stu- Shuttlesworth in 2008, and is now known as TRANSPORTATION dents— the Birmingham-Shuttlesworth Inter- Mr. SCHUMER. Mr. President, I ask national Airport; (A) to join children in creating the world’s Whereas Reverend Shuttlesworth was in- largest shared reading experience; and unanimous consent that the Com- ducted into the Ohio Civil Rights Commis- (B) to show their support for early literacy mittee on Commerce, Science, and sion Hall of Fame in 2009; and Jumpstart’s early education program- Transportation be authorized to meet Whereas in Reverend Shuttlesworth’s final ming for young children in low-income com- during the session of the Senate on Oc- sermon he said ‘‘the best thing we can do is munities; and tober 6, 2011. be a servant of God . . . it does good to stand (4) respectfully requests the Secretary of The PRESIDING OFFICER. Without the Senate to transmit a copy of this resolu- up and serve others’’; and objection, it is so ordered. Whereas upon the death of Reverend tion to Jumpstart, one of the leading non- Shuttlesworth, President Barack Hussein profit organizations in the United States in COMMITTEE ON FINANCE Obama said of Reverend Shuttlesworth that the field of early education. Mr. SCHUMER. Mr. President, I ask he ‘‘dedicated his life to advancing the cause f unanimous consent that the Com- of justice for all Americans. He was a testa- mittee on Finance be authorized to ment to the strength of the human spirit. AMENDMENTS SUBMITTED AND PROPOSED meet during the session of the Senate And today we stand on his shoulders, and the on October 6, 2011, at 10 a.m., in room shoulders of all those who marched and sat SA 736. Mr. REID (for Mr. COBURN) pro- 215 of the Dirksen Senate Office Build- and lifted their voices to help perfect our posed an amendment to the bill H.R. 2944, to ing, to conduct a hearing entitled ‘‘Tax union’’: Now, therefore, be it provide for the continued performance of the Resolved, That the Senate celebrates the functions of the United States Parole Com- Reform Options: Incentives for Home- life and achievements of Reverend Fred Lee mission, and for other purposes. ownership.’’ Shuttlesworth and honors him for his tire- SA 737. Mr. REID (for Mr. BROWN of Massa- The PRESIDING OFFICER. Without less efforts in the fight against segregation chusetts) proposed an amendment to the res- objection, it is so ordered. and his steadfast commitment to the civil olution S. Res. 201, expressing the regret of COMMITTEE ON INDIAN AFFAIRS rights of all people. the Senate for the passage of discriminatory Mr. SCHUMER. Mr. President, I ask f laws against the Chinese in America, includ- ing the Chinese Exclusion Act. unanimous consent that the Com- SENATE RESOLUTION 290—SUP- f mittee on Indian Affairs be authorized PORTING THE DESIGNATION OF to meet during the session of the Sen- OCTOBER 6, 2011, AS TEXT OF AMENDMENTS ate on October 6, 2011, at 2:15 p.m. in ‘‘JUMPSTART’S READ FOR THE SA 736. Mr. REID (for Mr. COBURN) room 628 of the Dirksen Senate Office RECORD DAY’’ proposed an amendment to the bill Building to conduct a hearing entitled Mrs. MURRAY (for herself, Mr. ISAK- H.R. 2944, to provide for the continued ‘‘Internet Infrastructure in Native SON, and Mr. BEGICH) submitted the fol- performance of the functions of the Communities: Equal Access to E-Com- lowing resolution; which was consid- United States Parole Commission, and merce, Jobs and the Global Market- ered and agreed to: for other purposes; as follows: place.’’

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.048 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6351 The PRESIDING OFFICER. Without modernizing America, and to provide path- discussion in my caucus on Tuesday, objection, it is so ordered. ways back to work for Americans looking for and I have spoken with the House. I jobs. COMMITTEE ON THE JUDICIARY have been given a guarantee from the CLOTURE MOTION Mr. SCHUMER. Mr. President, I ask Speaker that the trade adjustment as- unanimous consent that the Com- Mr. REID. I have a cloture motion at sistance bill will pass there next week. mittee on the Judiciary be authorized the desk. f to meet during the session of the Sen- The PRESIDING OFFICER. The clo- ture motion having been presented UNANIMOUS CONSENT AGREE- ate, on October 6, 2011, at 10 a.m., in MENT—EXECUTIVE CALENDAR SD–226 of the Dirksen Senate Office under rule XXII, the clerk will report Building, to conduct and executive the motion. Mr. REID. Mr. President, I ask unan- The assistant legislative clerk read business meeting. imous consent that on Tuesday, Octo- as follows: The PRESIDING OFFICER. Without ber 11, 2011, at 5:30 p.m., the Senate objection, it is so ordered. CLOTURE MOTION proceed to executive session to con- We, the undersigned Senators, in accord- sider Calendar No. 250; that there be 2 SELECT COMMITTEE ON INTELLIGENCE ance with the provisions of rule XXII of the minutes for debate equally divided in Mr. SCHUMER. Mr. President, I ask Standing Rules of the Senate, hereby move the usual form; that upon the use or unanimous consent that the Select to bring to a close debate on the motion to yielding back of that time, the Senate proceed to Calendar No. 187, S. 1660, the Committee on Intelligence be author- proceed to a vote, with no intervening ized to meet during the session of the American Jobs Act of 2011. Harry Reid, Richard J. Durbin, Charles action or debate, on Calendar No. 250; Senate on October 6, 2011, at 2:30 p.m. that the motion to reconsider be con- The PRESIDING OFFICER. Without E. Schumer, Sherrod Brown, Robert Menendez, Mark Begich, Barbara sidered made and laid upon the table objection, it is so ordered. Boxer, , Richard with no intervening action or debate; SUBCOMMITTEE ON CHILDREN’S HEALTH AND Blumenthal, Sheldon Whitehouse, Ber- that any related statements be printed ENVIRONMENTAL RESPONSIBILITY nard Sanders, John F. Kerry, Frank R. in the RECORD; that the President be Mr. SCHUMER. Mr. President, I ask Lautenberg, Jeff Merkley, Barbara A. immediately notified of the Senate’s unanimous consent that the Sub- Mikulski, Benjamin L. Cardin, Patrick J. Leahy. action; and that the consent agreement committee on Children’s Health and entered into on September 26, 2011, re- Mr. REID. I ask unanimous consent Environmental Responsibility of the main in effect and the Senate then re- that the mandatory quorum under rule Committee on Environment and Public sume legislative session. XXII be waived; further that following Works be authorized to meet during The PRESIDING OFFICER. Without the vote on passage of S. 1619 on Tues- the session of the Senate on October 6, objection, it is so ordered. 2011, in Dirksen 406 to conduct a hear- day, October 11, there be up to 5 min- f ing entitled, ‘‘Oversight Hearing on utes equally divided between the two Federal Actions to Clean Up Contami- leaders or their designees prior to a UNITED STATES PAROLE nation from Legacy Uranium Mining vote on the motion to invoke cloture COMMISSION ACT OF 2011 and Milling Operations.’’ on the motion to proceed to S. 1660. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without imous consent that the Senate proceed objection, it is so ordered. objection, it is so ordered. to the consideration of H.R. 2944, which Mr. REID. I now withdraw my mo- WESTERN HEMISPHERE, PEACE CORPS, AND was received from the House and is at tion to proceed. GLOBAL NARCOTICS AFFAIRS SUBCOMMITTEE the desk. Mr. SCHUMER. Mr. President, I ask f The PRESIDING OFFICER. Without unanimous consent that the Com- UNANIMOUS CONSENT AGREE- objection, it is so ordered. mittee on Foreign Relations be author- MENT—H.R. 3080, H.R. 3079, H.R. The clerk will report the bill by title. ized to meet during the session of the 3078 The legislative clerk read as follows: Senate on October 6, 2011, at 10:30 a.m., Mr. REID. I ask unanimous consent A bill (H.R. 2944) to provide for the contin- to hold a Western Hemisphere, Peace that notwithstanding not having re- ued performance of the functions of the Corps, and Global Narcotics Affairs United States Parole Commission, and for ceived the following bills from the other purposes. subcommittee hearing entitled, ‘‘Peace House: H.R. 3080, H.R. 3079, H.R. 3078, Corps, the Next 50 Years.’’ the Senate proceed to their consider- There being no objection, the Senate The PRESIDING OFFICER. Without ation en bloc at a time to be deter- proceeded to consider the bill. objection, it is so ordered. mined by the majority leader after con- Mr. LEAHY. Mr. President, I am f sultation with the Republican leader; pleased that Members of the House from both parties acted quickly to re- PRIVILEGES OF THE FLOOR that there be up to 12 hours of debate equally divided between the two lead- authorize the U.S. Parole Commission. Mr. RUBIO. Mr. President, I ask ers or their designees; that upon the I was glad to help move this important unanimous consent that Viviano Bovo, use or yielding back of that time and measure in the Senate, and am dis- a member of my staff, be granted the the receipt of the papers from the appointed that we were forced to ac- privilege of the floor during today’s House, the Senate proceed to votes on cept this unnecessary amendment to session. passage of the bills in the order listed shorten the bipartisan House bill. To- The PRESIDING OFFICER. Without above; finally, that there be no amend- day’s amendment wastes valuable time objection, it is so ordered. ments, points of order, or motions in and resources by forcing Congress to f order to any of the bills other than reauthorize the Commission again in budget points of order and the applica- another 2 years, instead of working to- AMERICAN JOBS ACT OF 2011— ward a more permanent solution. MOTION TO PROCEED ble motions to waive. The PRESIDING OFFICER. Without Although Federal parole was abol- Mr. REID. Mr. President, I now ask objection, it is so ordered. ished decades ago, the U.S. Parole unanimous consent that notwith- Mr. REID. Mr. President, I ask unan- Commission still has jurisdiction over standing the provisions of rule XXII, I imous consent that this agreement be thousands of offenders in the District move to proceed to Calendar No. 187, S. modified to ensure that Senator BAU- of Columbia, as well as some in other 1660. CUS has 20 minutes, that Senator parts of the country. Without reau- The PRESIDING OFFICER. Without BROWN of Ohio has 1 hour, and that thorization, we faced the risk that of- objection, it is so ordered. Senator SANDERS has 1 hour. fenders would be released early without The clerk will report the bill by title. If the Republicans wish additional the proper public safety assessment. I The assistant legislative clerk read time, they can request that. believe that passing this bill promotes as follows: The PRESIDING OFFICER. Without public safety and fairness. A bill (S. 1660) to provide tax relief for objection, it is so ordered. I would like to commend Chairman American workers and businesses, to put Mr. REID. Mr. President, so that ev- LAMAR SMITH and Ranking Member workers back on the job while rebuilding and eryone understands, there was some JOHN CONYERS of the House Judiciary

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.054 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE October 6, 2011 Committee and Representative BOBBY and conduct of such organizations and local Congress allowed fear and ignorance to SCOTT of Virginia and Representative chapters;’’. drive our Nation’s immigration policy JIM SENSENBRENNER of Wisconsin for f and, for the first time, to exclude from joining together to originate this bill EXPRESSING SENATE REGRET our country a single group of people and move it through the House Judici- based solely on their race. ary Committee and the House. Mr. REID. Mr. President, I ask unan- That was wrong. Ours in a Nation of imous consent that the Judiciary Com- AMENDMENT NO. 736 immigrants and of equality and these mittee be discharged from further con- Mr. REID. Mr. President, I ask unan- laws offended both of those funda- sideration of and the Senate proceed to imous consent that a Coburn amend- mental precepts of America. S. Res. 201. While Congress was right to repeal ment, which is at the desk, be agreed The PRESIDING OFFICER. Without the Chinese Exclusions Laws in 1943, it to, the bill, as amended, be read the objection, it is so ordered. is important to note that Congress was third time and passed, the motions to The clerk will report the resolution motivated primarily by the fear that reconsider be laid upon the table, with by title. the Japanese would use the racist laws no intervening action or debate, and The assistant legislative clerk read as part of its propaganda campaign to that any statements related to the bill as follows: drive a wedge between the U.S. and its be printed in the RECORD. Chinese allies. The repeal of the Chi- The PRESIDING OFFICER. Without A resolution (S. Res. 201) expressing the re- gret of the Senate for the passage of dis- nese Exclusions Laws was not accom- objection, it is so ordered. criminatory laws against the Chinese in panied by any genuine sense of regret The amendment (No. 736) was agreed America, including the Chinese Exclusion for the decades of discriminatory poli- to, as follows: Act. cies, or any proclamation by the Con- (Purpose: To authorize a 2 year extension of There being no objection, the Senate gress that it would guard in the future the Parole Commission) proceeded to consider the resolution. against the type of racism and xeno- On page 2, line 12, strike ‘‘ ‘27 years’ or ‘27- Mr. LEAHY. Mr. President, begin- phobia that allowed such laws to pass year period’ ’’ and insert ‘‘ ‘26 years’ or ‘26- ning more than 140 years ago, Congress year period’ ’’. in the first place. Instead, the exclu- enacted a series of racist and discrimi- sion laws were simply supplanted by The amendment was ordered to be natory laws directed specifically at application of strict race-based quotas engrossed and the bill to be read a persons of Chinese descent. Collec- that remained in place for more than 20 third time. tively known as the Chinese Exclusion years. Let us not forget that at the The bill (H.R. 2944), as amended, was Laws, these laws remained in force for same time that Congress was repealing read the third time and passed. more than 60 years, and were repealed the Chinese Exclusion Laws, the U.S. f only as a matter of wartime expediency Government was imprisoning thou- AMERICAN LEGION during World War II. These laws con- sands of loyal Americans of Japanese AUTHORIZATION flicted directly with the fundamental descent in internment camps through- principles of equality and justice upon Mr. REID. Mr. President, I ask unan- out the West. Thus, the repeal of the which our Nation was founded. It is exclusion laws in 1943 can hardly be imous consent that the Judiciary Com- long past time for Congress to affirma- mittee be discharged from further con- viewed as a genuine acknowledgement tively reject the ignorance and hate by Congress of the racist nature of its sideration of S. 1639. that spurred passage of those laws. The PRESIDING OFFICER. Without actions. In order to close the book on S. Res. 201 reflects the Senate’s re- this series of unjust laws, I urge sup- objection, it is so ordered. gret for the passage of those unjust The clerk will report the bill by title. port of this resolution to express the laws, but also affirms our commitment Senate’s regret, albeit belatedly, for The assistant legislative clerk read to ensuring that such policies never be- as follows: these shameful pieces of legislation. come law again. I commend the indi- Going forward, this resolution also A bill (S. 1639) to amend title 36, United viduals and organizations that have ad- reaffirms our commitment to the prin- States Code, to authorize the American Le- vocated for this important resolution. gion under its Federal charter to provide ciples of equality and justice upon guidance and leadership to the individual de- The Chinese Exclusion Laws reflected which our Nation was founded. I was partments and posts of the American Legion, a climate of intolerance and xeno- disappointed that, at the insistence of and for other purposes. phobia that viewed immigrants of Chi- some anonymous Republicans, the res- There being no objection, the Senate nese descent as inferior and incapable olution is being stripped by amend- proceeded to consider the bill. of assimilating as loyal Americans. ment of any reference to the Constitu- Mr. REID. I ask unanimous consent Fueled in large part by an economic tion of the United States. That is inex- that the bill be read a third time and crisis and fears that Chinese immi- plicable to me. No one has anyone passed, the motion to reconsider be grants would take jobs away from come forward to take responsibility for laid upon the table, with no inter- other workers, the hostility against this change. It is being done in the vening action or debate, and any state- Chinese immigrants sometimes turned shadows, without accountability. I be- ments related to the bill be printed in violent. Through a number of state lieve that the Chinese Exclusion Laws the RECORD. laws and ordinances in many Western were incompatible with the spirit, and The PRESIDING OFFICER. Without states and several questionable court indeed the text, of our Constitution, objection, it is so ordered. rulings, Chinese immigrants were sys- our fundamental charter. I challenge The bill (S. 1639) was read the third tematically deprived of fundamental whoever felt it necessary to remove the time and passed, as follows: civil rights and privileges, rights that original reference in our resolution to should be guaranteed to all by our Con- S. 1639 the affront to the Constitution to come stitution. forward and explain why they were Be it enacted by the Senate and House of Rep- Eventually, political pressure led resentatives of the United States of America in blocking this resolution unless that Congress assembled, Congress to prohibit the immigration change was made. of all Chinese persons into the United Contrary to the claims in the 1880s SECTION 1. ADDITIONAL POWER OF AMERICAN LEGION UNDER FEDERAL CHARTER. States. The Chinese Exclusion Act of that Chinese immigrants looked, acted, Section 21704 of title 36, United States 1882 explicitly banned Chinese immi- and sounded too different—too for- Code, is amended— grants from entering the United States eign—to ever become loyal Americans, (1) by redesignating paragraph (5) through for 10 years, and this ban was renewed we have all witnessed the incredible (8) as paragraphs (6) through (9), respec- and ultimately made permanent by contributions that Chinese Americans tively; and Congress through subsequent enact- have made to our country. America has (2) by inserting after paragraph (4) the fol- ments. In passing these laws, Congress come a long way since the days of the lowing new paragraph (5): ‘‘(5) provide guidance and leadership to or- failed to adhere to our Nation’s basic Chinese Exclusion Laws. I hope that we ganizations and local chapters established founding principles that all are created all appreciate how our Nation’s diver- under paragraph (4), but may not control or equal, and that all persons deserve sity makes America better and strong- otherwise influence the specific activities basic human and civil rights. Instead, er.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.014 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6353 As Chairman of the Judiciary Com- Whereas Chinese laborers, who made up the citizens and subjects of the most favored mittee, I have supported the nomina- the majority of the western portion of the nation’’; tions and recognized the service of railroad workforce, faced grueling hours and Whereas, on March 9, 1882, the Senate many Americans of Chinese descent extremely harsh conditions in order to lay passed the first Chinese Exclusion Act, hundreds of miles of track and were paid sub- which purported to implement the Angell serving as attorneys and judges standard wages; Treaty but instead excluded for 20 years both throughout the country, such as former Whereas without the tremendous efforts skilled and unskilled Chinese laborers, re- Assistant Attorney General for Civil and technical contributions of these Chinese jected an amendment that would have per- Rights Bill Lann Lee, and Federal immigrants, the completion of this vital na- mitted the naturalization of Chinese persons, Judges Denny Chin, Edmond Chang, Ed tional infrastructure would have been seri- and instead expressly denied Chinese persons Chen, and Dolly Gee. I am also mindful ously impeded; the right to be naturalized as American citi- of the service of the late Thomas Tang, Whereas from the middle of the 19th cen- zens; a Chinese American trailblazer on the tury through the early 20th century, Chinese Whereas, on April 4, 1882, President Ches- immigrants faced racial ostracism and vio- ter A. Arthur vetoed the first Chinese Exclu- Federal judiciary. lent assaults, including— sion Act as being incompatible with the I hope that passage of S. Res. 201 will (1) the 1887 Snake River Massacre in Or- terms and spirit of the Angell Treaty; mark a step in the Senate’s progress egon, at which 31 Chinese miners were killed; Whereas, on May 6, 1882, Congress passed toward greater commitment to pro- and the second Chinese Exclusion Act, which— tecting the civil and constitutional (2) numerous other incidents, including at- (1) prohibited skilled and unskilled Chinese rights of all Americans, regardless of tacks on Chinese immigrants in Rock laborers from entering the United States for Springs, San Francisco, Tacoma, and Los race or ethnicity. Unfortunately, in 10 years; Angeles; (2) was the first Federal law that excluded these tough economic times, it is not Whereas the United States instigated the a single group of people on the basis of race; difficult to hear echoes of the intoler- negotiation of the Burlingame Treaty, rati- and ance that led to the Chinese Exclusion fied by the Senate on October 19, 1868, which (3) required certain Chinese laborers al- Laws in some of the rhetoric of recent permitted the free movement of the Chinese ready legally present in the United States immigration debates. Congress should people to, from, and within the United who later wished to reenter to obtain ‘‘cer- not legislate out of fear and intoler- States and accorded to China the status of tificates of return’’, an unprecedented re- ance, and we must not allow laws like ‘‘most favored nation’’; quirement that applied only to Chinese resi- Whereas before consenting to the ratifica- the Chinese Exclusions Laws ever to dents; tion of the Burlingame Treaty, the Senate Whereas in response to reports that courts pass again. required that the Treaty would not permit were bestowing United States citizenship on Mr. REID. I ask unanimous consent Chinese immigrants in the United States to persons of Chinese descent, the Chinese Ex- that the Brown of Massachusetts be naturalized United States citizens; clusion Act of 1882 explicitly prohibited all amendment, which is at the desk, be Whereas on July 14, 1870, Congress ap- State and Federal courts from naturalizing agreed to; the resolution, as amended, proved An Act to Amend the Naturalization Chinese persons; be agreed to; the preamble be agreed Laws and to Punish Crimes against the Whereas the Chinese Exclusion Act of 1882 to, and the motions to reconsider be Same, and for other Purposes, and during underscored the belief of some Senators at consideration of such Act, the Senate ex- laid upon the table. that time that— pressly rejected an amendment to allow Chi- (1) the Chinese people were unfit to be nat- The PRESIDING OFFICER. Without nese immigrants to naturalize; uralized; objection, it is so ordered. Whereas Chinese immigrants were subject (2) the social characteristics of the Chinese The amendment (No. 737) was agreed to the overzealous implementation of the were ‘‘revolting’’; to, as follows: Page Act of 1875 (18 Stat. 477), which— (3) Chinese immigrants were ‘‘like On page 9, line 1, strike ‘‘That the Senate— (1) ostensibly barred the importation of parasites’’; and ’’. women from ‘‘China, Japan, or any Oriental (4) the United States ‘‘is under God a coun- On page 9, between lines 1 and 2, insert the country’’ for purposes of prostitution; try of Caucasians, a country of white men, a following: (2) was disproportionately enforced against country to be governed by white men’’; Chinese women, effectively preventing the SECTION 1. ACKNOWLEDGMENT AND EXPRES- Whereas, on July 3, 1884, notwithstanding SION OF REGRET. formation of Chinese families in the United United States treaty obligations with China The Senate— States and limiting the number of native- and other nations, Congress broadened the On page 10, strike line 1 and all that fol- born Chinese citizens; scope of the Chinese Exclusion Act— lows through ‘‘(3)’’ on line 5, and insert ‘‘(2)’’. Whereas, on February 15, 1879, the Senate (1) to apply to all persons of Chinese de- On page 10, line 11, strike ‘‘(4)’’ and insert passed ‘‘the Fifteen Passenger Bill,’’ which scent, ‘‘whether subjects of China or any ‘‘(3)’’. would have limited the number of Chinese other foreign power’’; and On page 10, after line 15, add the following: passengers permitted on any ship coming to (2) to provide more stringent requirements the United States to 15, with proponents of restricting Chinese immigration; SEC. 2. DISCLAIMER. the bill expressing that the Chinese were ‘‘an Whereas, on October 1, 1888, the Scott Act Nothing in this resolution may be con- indigestible element in our midst . . . with- was enacted into law, which— strued— out any adaptability to become citizens’’; (1) prohibited all Chinese laborers who (1) to authorize or support any claim Whereas, on March 1, 1879, President Hayes would choose or had chosen to leave the against the United States; or vetoed the Fifteen Passenger Bill as being United States from reentering; (2) to serve as a settlement of any claim incompatible with the Burlingame Treaty, (2) cancelled all previously issued ‘‘certifi- against the United States. which declared that ‘‘Chinese subjects vis- cates of return’’, which prevented approxi- The resolution (S. Res. 201), as iting or residing in the United States, shall mately 20,000 Chinese laborers abroad, in- amended, was agreed to. enjoy the same privileges . . . in respect to cluding 600 individuals who were en route to The preamble was agreed to. travel or residence, as may there be enjoyed the United States, from returning to their The resolution, with its preamble, by the citizens and subjects of the most fa- families or their homes; and reads as follows: vored nation’’; (3) was later determined by the Supreme Whereas in the aftermath of the veto of the Court to have abrogated the Angell Treaty; S. RES. 201 Fifteen Passenger Bill, President Hayes ini- Whereas, on May 5, 1892, the Geary Act was Whereas many Chinese came to the United tiated the renegotiation of the Burlingame enacted into law, which— States in the 19th and 20th centuries, as did Treaty, requesting that the Chinese govern- (1) extended the Chinese Exclusion Act for people from other countries, in search of the ment consent to restrictions on the immi- 10 years; opportunity to create a better life for them- gration of Chinese persons to the United (2) required all Chinese persons in the selves and their families; States; United States, but no other race of people, to Whereas the contributions of persons of Whereas these negotiations culminated in register with the Federal Government in Chinese descent in the agriculture, mining, the Angell Treaty, ratified by the Senate on order to obtain ‘‘certificates of residence’’; manufacturing, construction, fishing, and May 9, 1881, which— and canning industries were critical to estab- (1) allowed the United States to suspend, (3) denied Chinese immigrants the right to lishing the foundations for economic growth but not to prohibit, the immigration of Chi- be released on bail upon application for a in the Nation, particularly in the western nese laborers; writ of habeas corpus; United States; (2) declared that ‘‘Chinese laborers who are Whereas on an explicitly racial basis, the Whereas United States industrialists re- now in the United States shall be allowed to Geary Act deemed the testimony of Chinese cruited thousands of Chinese workers to as- go and come of their own free will’’; and persons, including American citizens of Chi- sist in the construction of the Nation’s first (3) reaffirmed that Chinese persons pos- nese descent, per se insufficient to establish major national transportation infrastruc- sessed ‘‘all the rights, privileges, immuni- the residency of a Chinese person subject to ture, the Transcontinental Railroad; ties, and exemptions which are accorded to deportation, mandating that such residence

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be established through the testimony of ‘‘at was founded on the principle that all persons S. RES. 288 least one credible white witness’’; are created equal, the laws enacted by Con- Whereas in the 1894 Gresham-Yang Treaty, gress in the late 19th and early 20th cen- Designating the week beginning October 9, the Chinese government consented to a pro- turies that restricted the political and civil 2011, as ‘‘National Wildlife Refuge Week’’ hibition of Chinese immigration and the en- rights of persons of Chinese descent violated Whereas in 1903, President Theodore Roo- forcement of the Geary Act in exchange for that principle; sevelt established the first national wildlife the readmission of previous Chinese resi- Whereas although an acknowledgment of refuge on Florida’s Pelican Island; dents; the Senate’s actions that contributed to dis- Whereas in 2011, the National Wildlife Ref- Whereas in 1898, the United States— crimination against persons of Chinese de- uge System, administered by the Fish and (1) annexed Hawaii; scent will not erase the past, such an expres- Wildlife Service, is the premier system of (2) took control of the Philippines; and sion will acknowledge and illuminate the in- lands and waters to conserve wildlife in the (3) excluded thousands of racially Chinese justices in our national experience and help world, and has grown to more than 150,000,000 residents of Hawaii and of the Philippines to build a better and stronger Nation; from entering the United States mainland; acres, 553 national wildlife refuges, and 38 Whereas the Senate recognizes the impor- wetland management districts in every State Whereas on April 29, 1902, Congress— tance of addressing this unique framework of (1) indefinitely extended all laws regu- and territory of the United States; discriminatory laws in order to educate the lating and restricting Chinese immigration Whereas national wildlife refuges are im- public and future generations regarding the and residence; and portant recreational and tourism destina- impact of these laws on Chinese and other (2) expressly applied such laws to United tions in communities across the Nation, and Asian persons and their implications to all States insular territories, including the Phil- these protected lands offer a variety of rec- Americans; and ippines; reational opportunities, including 6 wildlife- Whereas in 1904, after the Chinese govern- Whereas the Senate deeply regrets the en- actment of the Chinese Exclusion Act and re- dependent uses that the National Wildlife ment exercised its unilateral right to with- Refuge System manages: hunting, fishing, draw from the Gresham-Yang Treaty, Con- lated discriminatory laws that— (1) resulted in the persecution and political wildlife observation, photography, environ- gress permanently extended, ‘‘without modi- mental education, and interpretation; fication, limitation, or condition’’, all re- alienation of persons of Chinese descent; (2) unfairly limited their civil rights; Whereas more than 370 units of the Na- strictions on Chinese immigration and natu- tional Wildlife Refuge System have hunting ralization, making the Chinese the only ra- (3) legitimized racial discrimination; and (4) induced trauma that persists within the programs and more than 350 units of the Na- cial group explicitly singled out for immi- tional Wildlife Refuge System have fishing gration exclusion and permanently ineligible Chinese community: Now, therefore, be it programs, averaging more than 2,500,000 for American citizenship; Resolved, hunting visits and more than 7,100,000 fishing Whereas between 1910 and 1940, the Angel SECTION 1. ACKNOWLEDGMENT AND EXPRES- visits; Island Immigration Station implemented the SION OF REGRET. Whereas the National Wildlife Refuge Sys- Chinese exclusion laws by— The Senate— (1) confining Chinese persons for up to (1) acknowledges that this framework of tem experiences 28,200,000 wildlife observa- nearly 2 years; anti-Chinese legislation, including the Chi- tion visits annually; (2) interrogating Chinese persons; and nese Exclusion Act, is incompatible with the Whereas national wildlife refuges are im- (3) providing a model for similar immigra- basic founding principles recognized in the portant to local businesses and gateway tion stations at other locations on the Pa- Declaration of Independence that all persons communities; cific coast and in Hawaii; are created equal; Whereas for every $1 appropriated, na- Whereas each of the congressional debates (2) deeply regrets passing 6 decades of leg- tional wildlife refuges generate $4 in eco- concerning issues of Chinese civil rights, islation directly targeting the Chinese peo- nomic activity; naturalization, and immigration involved in- ple for physical and political exclusion and Whereas the National Wildlife Refuge Sys- tensely racial rhetoric, with many Members the wrongs committed against Chinese and tem experiences approximately 45,700,000 vis- of Congress claiming that all persons of Chi- American citizens of Chinese descent who its every year, generating nearly nese descent were— suffered under these discriminatory laws; $1,700,000,000 and 27,000 jobs in local econo- (1) unworthy of American citizenship; and mies; (2) incapable of assimilation into American (3) reaffirms its commitment to preserving Whereas the National Wildlife Refuge Sys- society; and the same civil rights and constitutional pro- tem encompasses every kind of ecosystem in (3) dangerous to the political and social in- tections for people of Chinese or other Asian tegrity of the United States; the United States, including temperate, descent in the United States accorded to all tropical, and boreal forests, wetlands, Whereas the express discrimination in others, regardless of their race or ethnicity. these Federal statutes politically and ra- deserts, grasslands, arctic tundras, and re- cially stigmatized Chinese immigration into SEC. 2. DISCLAIMER. mote islands, and spans 12 time zones from the United States, enshrining in law the ex- Nothing in this resolution may be con- the Virgin Islands to Guam; clusion of the Chinese from the political strued— Whereas national wildlife refuges are home process and the promise of American free- (1) to authorize or support any claim to more than 700 species of birds, 220 species dom; against the United States; or of mammals, 250 species of reptiles and am- Whereas wartime enemy forces used the (2) to serve as a settlement of any claim phibians, and more than 1,000 species of fish; anti-Chinese legislation passed in Congress against the United States. Whereas national wildlife refuges are the primary Federal lands that foster produc- as evidence of American racism against the f Chinese, attempting to undermine the Chi- tion, migration, and wintering habitat for nese-American alliance and allied military RESOLUTIONS SUBMITTED TODAY waterfowl; efforts; Whereas since 1934, more than $750,000,000 Whereas, in 1943, at the urging of President Mr. REID. Mr. President, I ask unan- in funds, from the sale of the Federal Duck Franklin D. Roosevelt, and over 60 years imous consent that the Senate proceed Stamp to outdoor enthusiasts, has enabled after the enactment of the first discrimina- to the consideration en bloc of the fol- the purchase or lease of more than 5,300,000 tory laws against Chinese immigrants, Con- lowing resolutions, which were sub- acres of waterfowl habitat in the National gress— mitted earlier today: S. Res. 288, S. Wildlife Refuge System; (1) repealed previously enacted anti-Chi- Res. 289, and S. Res. 290. Whereas 59 refuges were established spe- nese legislation; and cifically to protect imperiled species, and of There being no objection, the Senate (2) permitted Chinese immigrants to be- the more than 1,300 federally listed threat- come naturalized United States citizens; proceeded to consider the resolutions ened and endangered species in the United Whereas despite facing decades of system- en bloc. States, 280 species are found on units of the atic, pervasive, and sustained discrimina- Mr. REID. I ask unanimous consent National Wildlife Refuge System; tion, Chinese immigrants and Chinese-Amer- that the resolutions be agreed to, the Whereas national wildlife refuges are cores icans persevered and have continued to play preambles be agreed to, the motions to of conservation for larger landscapes and re- a significant role in the growth and success sources for other agencies of the Federal of the United States; reconsider be laid upon the table en Government and State governments, private Whereas 6 decades of Federal legislation bloc, with no intervening action or de- landowners, and organizations in their ef- deliberately targeting Chinese by race— bate, and any related statements be forts to secure the wildlife heritage of the (1) restricted the capacity of generations of printed in the RECORD. individuals and families to openly pursue the The PRESIDING OFFICER. Without United States; Whereas 39,000 volunteers and more than American dream without fear; and objection, it is so ordered. (2) fostered an atmosphere of racial dis- 220 national wildlife refuge ‘‘Friends’’ orga- crimination that deeply prejudiced the civil The resolutions were agreed to. nizations contribute nearly 1,400,000 hours rights of Chinese immigrants; The preambles were agreed to. annually, the equivalent of 665 full-time em- Whereas diversity is one of our Nation’s The resolutions, with their pre- ployees, and provide an important link with greatest strengths, and, while this Nation ambles, read as follows: local communities;

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.032 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6355 Whereas national wildlife refuges provide mingham, Alabama, in 1953, and was an out- Church in Cincinnati, Ohio, in 1966 and an important opportunity for children to dis- spoken leader in the fight for racial equality; served as pastor until his retirement in 2006; cover and gain a greater appreciation for the Whereas Reverend Shuttlesworth worked Whereas Reverend Shuttlesworth advo- natural world; alongside Dr. Martin Luther King, Jr. and cated for racial justice in Cincinnati and for Whereas because there are national wild- was hailed by Dr. King for his courage and increased minority representation in the life refuges located in several urban and sub- energy in the fight for civil rights; public institutions of Cincinnati, including urban areas and 1 refuge located within an Whereas, in May 1956, Reverend the police department and city council; hour’s drive of every metropolitan area in Shuttlesworth established the Alabama Whereas, in the 1980s, Reverend the United States, national wildlife refuges Christian Movement for Human Rights when Shuttlesworth established the Shuttlesworth employ, educate, and engage young people the National Association for the Advance- Housing Foundation in Cincinnati, which from all backgrounds in exploring, con- ment of Colored People was banned from helped low-income families in Cincinnati be- necting with, and preserving the natural her- Alabama by court injunction; come homeowners; itage of the Nation; Whereas, in a brazen attempt to threaten Whereas, in 2001, President William Jeffer- Whereas since 1995, refuges across the Na- Reverend Shuttleworth’s resolve and com- son Clinton awarded Reverend Shuttlesworth tion have held festivals, educational pro- mitment to the fight for equality and jus- a Presidential Citizens Medal for his leader- grams, guided tours, and other events to cel- tice, 6 sticks of dynamite were detonated ship in the ‘‘nonviolent civil rights move- ebrate National Wildlife Refuge Week during outside Reverend Shuttlesworth’s bedroom ment of the 1950s and 60s, leading efforts to the second full week of October; window on Christmas Day, 1956; integrate Birmingham, Alabama’s schools, Whereas the Fish and Wildlife Service will Whereas, on the day after the attack on his buses, and recreational facilities’’; continue to seek stakeholder input on the home, on December 26, 1956, an undeterred Whereas the Birmingham international implementation of the recommendations in Reverend Shuttlesworth courageously con- airport was named for Reverend the document entitled ‘‘Conserving the Fu- tinued the fight for equal rights, leading 250 Shuttlesworth in 2008, and is now known as ture: Wildlife Refuges and the Next Genera- people in a protest of segregated buses in the Birmingham-Shuttlesworth Inter- tion’’, which is an update to the strategic Birmingham; national Airport; plan of the Fish and Wildlife Service for the Whereas Reverend Shuttlesworth was beat- Whereas Reverend Shuttlesworth was in- future of the National Wildlife Refuge Sys- en with chains and brass knuckles by a mob ducted into the Ohio Civil Rights Commis- tem; of Ku Klux Klansmen in 1957 when he tried to sion Hall of Fame in 2009; Whereas the week beginning on October 9, enroll his children in a segregated school in Whereas in Reverend Shuttlesworth’s final 2011, has been designated as ‘‘National Wild- Birmingham; sermon he said ‘‘the best thing we can do is life Refuge Week’’ by the Fish and Wildlife Whereas Reverend Shuttlesworth co-found- be a servant of God . . . it does good to stand Service; ed the Southern Christian Leadership Con- up and serve others’’; and Whereas in 2011, the designation of Na- ference in 1957, serving as the first secretary Whereas upon the death of Reverend tional Wildlife Refuge Week would recognize of the organization from 1958 to 1970 and as Shuttlesworth, President Barack Hussein more than a century of conservation in the its president in 2004; Obama said of Reverend Shuttlesworth that United States and would serve to raise Whereas Reverend Shuttlesworth partici- he ‘‘dedicated his life to advancing the cause awareness about the importance of wildlife pated in protesting segregated lunch of justice for all Americans. He was a testa- counters and helped lead sit-ins in 1960; and the National Wildlife Refuge System and ment to the strength of the human spirit. Whereas Reverend Shuttlesworth worked to celebrate the myriad recreational oppor- And today we stand on his shoulders, and the with the Congress of Racial Equality to or- tunities available to enjoy this network of shoulders of all those who marched and sat ganize the Freedom Rides against segregated protected lands: Now, therefore, be it and lifted their voices to help perfect our interstate buses in the South in 1961; Resolved, That the Senate— union’’: Now, therefore, be it Whereas it was Reverend Shuttlesworth Resolved, That the Senate celebrates the (1) designates the week beginning on Octo- who called upon Attorney General Robert ber 9, 2011, as ‘‘National Wildlife Refuge life and achievements of Reverend Fred Lee Kennedy to protect the Freedom Riders; Shuttlesworth and honors him for his tire- Week’’; Whereas Reverend Shuttlesworth freed a (2) encourages the observance of National less efforts in the fight against segregation group of Freedom Riders from jail and drove and his steadfast commitment to the civil Wildlife Refuge Week with appropriate them to the Tennessee State line to safety; rights of all people. events and activities; Whereas, in 1963, Reverend Shuttlesworth S. RES. 290 (3) acknowledges the importance of na- persuaded Dr. King to bring the civil rights tional wildlife refuges for their recreational movement to Birmingham; Supporting the designation of October 6, opportunities and contribution to local Whereas, in the spring of 1963, Reverend 2011, as ‘‘Jumpstart’s Read for the Record economies across the United States; Shuttlesworth designed a mass campaign Day’’ (4) pronounces that national wildlife ref- that included a series of nonviolent sit-ins Whereas Jumpstart, a national early edu- uges play a vital role in securing the hunting and marches against illegal segregation by cation organization, is working to ensure and fishing heritage of the United States for Black children, students, clergymen, and that all children in the United States enter future generations; others; school prepared to succeed; (5) identifies the significance of national Whereas, in 1963, while leading a non- Whereas, year-round, Jumpstart recruits wildlife refuges in advancing the traditions violent protest against segregation in Bir- and trains college students and community of wildlife observation, photography, envi- mingham, Reverend Shuttlesworth was members to serve preschool children in low- ronmental education, and interpretation; slammed against a wall and knocked uncon- income neighborhoods, helping them to de- (6) recognizes the importance of national scious by the force of the water pressure velop the key language and literacy skills wildlife refuges to wildlife conservation and from fire hoses turned on demonstrators at necessary to succeed in school and in life; the protection of imperiled species and eco- the order of Bull Connor, the Commissioner Whereas, since 1993, Jumpstart has en- systems, as well as compatible uses; of Public Safety; gaged more than 20,000 adults in service to (7) acknowledges the role of national wild- Whereas the televised images of Connor di- more than 90,000 young children in commu- life refuges in conserving waterfowl and wa- recting the use of firefighters’ hoses and po- nities across the United States; terfowl habitat pursuant to the Migratory lice dogs to attack nonviolent demonstra- Whereas Jumpstart’s Read for the Record, Bird Treaty Act (40 Stat. 755, chapter 128); tors, and to arrest those undeterred by vio- presented in partnership with the Pearson (8) reaffirms the support of the Senate for lence, had a profound effect on the view of Foundation, is a national campaign that mo- wildlife conservation and the National Wild- the civil rights struggle by citizens of the bilizes adults and children in an effort to life Refuge System; and United States; close the early education achievement gap in (9) expresses the intent of the Senate— Whereas as a result of those violent im- the United States by setting a reading world (A) to continue working to conserve wild- ages, President John Fitzgerald Kennedy record; life; and called the fight for equality a moral issue; Whereas the goals of the campaign are to (B) to manage the National Wildlife Refuge Whereas those violent images helped lead raise awareness in the United States of the System for current and future generations. to the passage of the Civil Rights Act of 1964 importance of early education, provide books S. RES. 289 (Public Law 88-352; 78 Stat. 241); to children in low-income households Whereas, in his 1963 book ‘‘Why We Can’t through donations and sponsorship, and cele- Celebrating the life and achievements of Wait’’, Dr. King called Reverend brate the commencement of Jumpstart’s pro- Reverend Fred Lee Shuttlesworth Shuttlesworth ‘‘one of the nation’s most gram year; Whereas the Reverend Fred Lee courageous freedom fighters . . . a wiry, ener- Whereas October 6, 2011, would be an appro- Shuttlesworth was born on March 18, 1922, in getic, and indomitable man’’; priate date to designate as ‘‘Jumpstart’s Mount Meigs, Alabama; Whereas, in March 1965, Reverend Read for the Record Day’’ because it is the Whereas Reverend Shuttlesworth, a former Shuttlesworth helped organize the historic date Jumpstart aims to set the world record truck driver who studied theology at night, march from Selma to Montgomery to protest for the largest shared reading experience; was ordained in 1948; voting discrimination in Alabama; and Whereas Reverend Shuttlesworth became Whereas Reverend Shuttlesworth became Whereas Jumpstart hopes to engage more pastor of Bethel Baptist Church in Bir- pastor of the Greater New Light Baptist than 2,100,000 children in reading Anna

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.015 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE October 6, 2011 Dewdney’s ‘‘Llama Llama Red Pajama’’ dur- ORDERS FOR FRIDAY, OCTOBER 7 legislative session and consideration of ing this record-breaking celebration of read- THROUGH TUESDAY, OCTOBER 11, S. 1619, and the Senate immediately ing, service, and fun, all in support of pre- 2011 vote on passage of the bill. school children in the United States: Now, The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent therefore, be it objection, it is so ordered. Resolved, That the Senate— that when the Senate completes its f (1) supports the designation of October 6, business today, it adjourn until 12:00 2011, as ‘‘Jumpstart’s Read for the Record p.m. on Friday, October 7, 2011, for a PROGRAM Day’’; pro forma session only, with no busi- (2) commends Jumpstart’s Read for the ness conducted, and that following the Mr. REID. There will be three votes Record in its sixth year; pro forma session, the Senate adjourn starting at 5:30 p.m. on Tuesday. The (3) encourages adults, including grand- until 2 p.m. on Tuesday, October 11, first vote will be on confirmation of parents, parents, teachers, and college stu- 2011; that following the prayer and the judge I previously mentioned. The dents— pledge, the Journal of proceedings be second vote will be on the passage of S. (A) to join children in creating the world’s approved to date, the morning hour be 1619, the China currency bill. Finally, largest shared reading experience; and deemed expired, and the time for the there will be a cloture vote on the mo- (B) to show their support for early literacy two leaders be reserved for their use tion to proceed to S. 1660. and Jumpstart’s early education program- later in the day; that following any f ming for young children in low-income com- leader remarks, the Senate be in a pe- munities; and ADJOURNMENT UNTIL TOMORROW (4) respectfully requests the Secretary of riod of morning business until 5:30 the Senate to transmit a copy of this resolu- p.m., with Senators permitted to speak Mr. REID. If there is no further busi- tion to Jumpstart, one of the leading non- therein for up to 10 minutes each; that ness to come before the Senate, I ask profit organizations in the United States in following morning business, the Senate unanimous consent that it adjourn the field of early education. proceed to executive session under the under the previous order. previous order; further, following the There being no objection, the Senate, vote on confirmation of the Triche- at 10 p.m., adjourned until Friday, Oc- Milazzo nomination, the Senate resume tober 7, 2011, at 12 noon.

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